20001233 Ver 1_Complete File_20000925 (2)

F WAIF Michael F. Easley, Governor
?0 19 William G. Ross Jr., Secretary -
North Carolina Department of Environment and Natural Resources
r Gregory J. Thorpe, Ph.D.
>. y Acting Director
.? Division of Water Quality
August 31, 2001
Wilkes County
DWQ Project No. 00-1233
TIP Project No. R-2207A
Widening of NC 16 from SR 1617 (Indian Hill Rd.) to north of SR 1431 (Camden Dr.)
APPROVAL of 401 Water Quality Certification with Additional Conditions
(Modification)
Mr. William D. Gilmore, P.E., Manager
NCDOT Project Development & Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Gilmore:
You have our approval, in accordance with the attached conditions and those listed below, to widen
NC 16 from SR 1617 (Indian Hill Road) to north of SR 1431 (Camden Drive) in Wilkes County. The
project should be constructed in accordance with your application dated 11 September 2000 (received
25 September 2000). After reviewing your application, we have decided that this project is covered
by General Water Quality Certification Number 3289. This certification corresponds to the Regional
(General) Permit Number 198200031 issued by the Corps of Engineers. In addition, you should
acquire any other federal, state or local permits before you proceed with your project including (but
not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying §404 permit, unless otherwise
specified in the Water Quality Certification. The following additional conditions will be required:
1. Nonpoint source, stormwater pollution control, and buffer requirements for WS-IT Waters as
specified in 15A NCAC 213.0214.
2. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024)
must be implemented prior to any ground-disturbing activities to minimize impacts to
downstream aquatic resources. Temporary or permanent herbaceous vegetation must be planted
on all bare soil within 10 days of ground-disturbing activities to provide long term erosion
control.
3. All culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the
streambed). Existing stream dimensions are to be maintained above and below locations of all
culvert extensions.
4. All work shall be performed during low flow conditions.
5. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials.
6. The presence of equipment in the channels must be minimized. Under no circumstances must
rock, sand or other materials be dredged from the wetted stream channel under authorization of
this permit, except in the immediate vicinity of the culverts.
7. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwedands/
8. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted
when practical. If necessary, rip-rap must be limited to the stream bank below the high water
mark, and vegetation must be used for stabilization above high water.
Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 40UWetlands Unit of the NC Division of Water Quality upon
completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919-733-9646
or Ms. Jennifer Frye of the Winston-Salem Regional Office at 336.771-4600.
Sincerely,
Director
Attachment
Pc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
NCDWQ Winston-Salem Regional Office
Heath Slaughter, Division 11 Environmental Officer
Central Files
File Copy
Ph.D.

dr o
STATE OF NORTH CAROLINA

9 Poo
DEPARTMENT OF TRANSPORTAT oN, ,
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 276 1 1-5202 LYNDO TIPPETT
GOVERNOR PHONE: [phone] SECRETARY
July 30, 2001
Mr. John Dorney
NC Department of Environment and Natural Resources
Division of Water Quality, 401-Wetlands Unit
2320 Crabtree Blvd., Suite 250
Raleigh, NC 27603
Subject: Trout Moratorium on TIP# R-2207A
Widening of NC 16
Millers Creek, Wilkes County
DWQ Project Number: 00-1233
Dear Mr. Dorney,

The NC Department of Transportation has contracted Dixie Grading & Equipment, Inc. to widen
NC 16 from SR 1304 to SR 1347 near Millers Creek, NC. This work is being conducted under
TIP# R-2207A. We have already received comments from the NC Wildlife Resources
Commission (copy attached), a Nationwide Permit #12 and G. P. 31 from the US Army Corps of
Engineers and the 401 Certification from the Division of Water Quality.
This project will require the replacement of an existing culvert that carries Maiden Creek (Class:
WS-II), a tributary of the Reddies River. A review of the above noted permits has indicated that
the Division of Water Quality has included a trout water moratorium period of November I'
through March 31 ' as a condition of the 401 Certification. However, this stream is not classified
as trout waters. The NC Wildlife Resources Commission has also not recommended that any
trout moratorium restrictions be placed on this project.
As a result, it is requested that you or a member of your staff review this project again and reissue
the 401 certification without the trout moratorium period included as a condition of the 401
Certification.
Please note that a similar request was made to your office in a letter dated July 9, 2001 regarding
TIP# B-2906 (DWQ Project Number: 00-0803) . We have not received a response from your
office regarding that request. It is important that we receive a response from the Division of
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE [phone] FAx [phone]
Mr. John Dorney
TIP# R-2207A
Page 2
July 30, 2001
Water Quality regarding these two projects soon so that the contractor can schedule whatever in
stream work that these projects require. Any assistance in obtaining relief from the trout
spawning season construction moratorium is greatly appreciated. If I can provide any additional
information, please let me know.
Sincerely,
Heath Slaughter
Division Environmental Officer
Enclosures
cc: Eric Alsmeyer, US Army Corps of Engineers
Jean Manuele, US Army Corps of Engineers
Jennifer Frye, Division of Water Quality
Ron Linville, NCWRC
R. C. McCann, PE, Division Engineer
Trent Beaver, PE, Division Construction Engineer
Mark Freeman, PE, Resident Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Area Roadside Environmental Engineer
Don Lee, State Environmental Operations Engineer
184
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
(Web page - h";// ffvvaw.dsace,army.nul/wctl?,n? /rcgtour.htm)
on ID. 200020075 & 200120800 TIP R. 2207A County Wilkes
GENERAL PERMIT (REGIONAL AND NAT(ONWIDE) VERIFICATION
,rty owner: NCDOT
ess• Division of Highways
ATTN: William D. Gilmore, P.E., Manager
project »evelopment and
Environmental Analysis Branch
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
?hone No.: 733-7844, ext. 333 (Matt Haney)
.on of project (waterway, road name/number, town, etc.): NC
1 G; Vr to Ruddies River, north of Mi11"1, Cee.ek,
rth Carolina.
scription of Activity: Discharge of fill tnateri of 213 If
of the v dentab 131 If
inclu? liS a
82 linear feet temporary fill) of surtacu water (t ap ) fa cuostru
tporary detour and installation of utility tincs (TIP No. R-2207A), as shown in the attached drawings. This work is
doieu not
es fission land must be in compliance cation with
)jest to the review of tale North Carolina Wildlife
sourccs Comm
ached rccuitunCndatioria of the North Carolina Wildlife
;ludo inipacts to waters of the United States from any construction access, bridge demolition, spoil disposal, or
crow sites. These impacts would have to be permitted sepuataly if they become necessary.
Section 404 (Clean Writer Act, 33 USC 1344) only-
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
Regional General Permit Number
t Nationwide Permit Number.
Any violation of the conditions of the Nationwide/ Regional General Permit referenced above may subject the
nittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Nationwide/ Regional General Permit verification does not relieve the its. ersigned pennittee of the responsibility to obtain any other required Federal, State, or local approvals/perm
e
nittee may need to contact appropriate State and local agencies before beginning work. If you have any questions
xding the Corps of Engineers regulatory program, please contact Eric Alstne er. at telephone number (919) 876-
1, extension 23.
latory Project Manager Signature 1-4
May 4 2001_ Expiration Dale E
No. 919-876-8441 ?ext.23
ntrr1 ct to
is
z.. ?a4 rTtra 21V311 £ZSCALW6 8£:fii TOO',tO'z?^I
186
TO: Eric Alsnrcycr, USACOL
Raleigh Meld Office
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Progran,
IDATF-.: May 4, 2001
SUBJECT: North Carolina Department of Transportation (NCDOT), NC 16 Widening, Culvert
Extension, 'temporary Detour Pipes, and Utility Line Relocation, Maiden Creek
(tributary to Reddies River), WS-11 Classification, TIP No. R-2207A (from 5x1617 to
SR1431), Wilkes County
These comments are provided in accordance with the provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina
Environmental Policy Act (G.S. 113A-1 through 113A-10; N CA 5The ). The N D Bret uorposesino in pact stall
a tetroorary detour downstream of the proposed culvert
liiv feet of strcalu. The existing three-barrel culvert will be replaced with a two-barrel reinforced
cols,,- cte box culvert (10' x `)' barrels) and culvert extension that will irnpaet a tntal of 131 linear fret of
stream channel permanently, Rack vanes are indicated. Coir fiber matting and live vegetation w:l1 be
utilized for revegetation. Water line relocation will temporarily disturb the stream below the catve:rt.
The utility.will be buried under the channel so as not to impact stream functions.
We will not obiect to the project as shown in Mr. William D. Gilmore's letter of September 11,
2000 provided the following conditions are unplemented:
?(D The detour piping and the cttlvcrt extenosio base flows s be desied withou damming construct tilling so as toe nsurow
barrel can be installed deep enough to all
aquatic life passage during low flow conditions. As two barrels will be installed, only one barrel should
receivo base flow. To the extent practicable, the dimension, pattern, acid profile of tho stream above and
below the lower barrel should not be modified by widcuing tho stream charuiel or reducing the depth of
the stream. Essentially, efforts to restore and mimic natural strewn dimension, pattern and profile
should be provided above, through, and below the culvert.
'` If concrete will be used, wort: must be accomplished so that wet concrete does not contact stream
cy
water. This will lessen the chance of altering the stream's water chemistry and causing a fish kilt.
Q3 Heavy equipment should be operated from the bank rather than in the stream channel in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
0 Stringent erosion control measures should be installed where soil is disturbed and maintained until
project completion.
07u gtiA 71)x,n FNG9L86Tn 6 £'6T IOOZ't0'x'0I
187
TIP No. R-2207A, NCB 16
05/04/01
S Temparafy or permanent herbaceous vegetation should b i X n c on allrb re NSA ithi 15 dice of
ground disturbing activities to provide long tcno erosio
onsite vegetation and materials for strzainbanl, stabilization when practicable.
(q? Utility line and culvert installations should follow Division of Water QL'iality Certification conditions
for Water Supply Watersheds.
It appears that the project designed by NCDOT will provide adequate aquatic life passage.
Thank yore for the opportunity to review and comment on this pro et t during the earl 5 amnng stages. me at if you have any questions regarding these comments, p ` "
Cc: Beth Harmon, NCDOT
Cynthia Van Der Wiele, DWQ
coo-.4 6f bF# 9au qVU SO S11 £ZR'39186T6 6C VT 1OOZ,tO*7XP,
State of North Carolina 208
Department of Environment
and Natural Resources ??
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary Kerr T. Stevens, Director
February 6, 2001
Wilkes County
DWQ Project No. 00-1233
TIP Project No. R-2207A
Widening of NC 16 from SR 1617 (Indian Hill Rd.) to north of SR 1431 (Camden Dr.)
APPROVAL of 401 Water Quality Certification with Additional Conditions
(Modification)
Mr. William D. Gilmore, P.E., Manager
NCDOT Project Development & Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Gilmore:
You have our approval, in accordance with the attached conditions and those listed below, to
widen NC 16 from SR 1617 (Indian Hill Road) to north of SR 1431 (Camden Drive) in Wilkes
County. The project should be constructed in accordance with your application dated 11
September 2000 (received 25 September 2000). After reviewing your application, we have
decided that this project is covered by General Water Quality Certification Number 3289. This
certification corresponds to the Regional (General) Permit Number 198200031 issued by the
Corps of Engineers. In addition, you should acquire any other federal, state or local permits
before you proceed with your project including (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanying §404 permit, unless otherwise specified in the Water Quality
Certification. The following additional conditions will be required:
J In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning season of November 1 through March 31 to protect the egg and fry
stages of trout from off-site sedimentation during construction.
?j Any culverts required for this project shall be installed in such a manner that the original
u stream profile is not altered (i.e. the depth of the channel should not be reduced by a
widening of the streambed).
All work shall be performed during low flow conditions.
J The presence of equipment in the channels must be minimized.
ei Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for
storm water sheet flow.
Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be
planted when practical.

1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
NCDOT/P&E BRANCH FaX:1J11J-(66-1J(1J4 may u ui i(-.zl r.ur
209
This approval is valid solely for the purpose and design described in your application (unless
modified below). Should your project change, you must notify the DWQ and submit a new
application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter, and is thereby responsible for complying with all the conditions. If the proposed
fiJ1 is in excess of 150, linear feet of stream length or 1 acre of wetlands, compensatory mitigation
will required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid,
you must follow the conditions listed in the attached certification and any additional conditions
listed above.
If you do not accept any of the conditions .of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition that conforms to Chapter 15013 of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act_ If you have aoy questions, please telephone. John Domey at 919-733-9646.
Sincerely,
Attachment
Pc: •Wilmington District Corps of Engineers
Corps-of Engineers Raleigh Field Office
Wii,ston-Salem DWQ Regional Office
Central Files
u
Stevens

a 3
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
February 19, 2001
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615-6814
Attention: Eric Alsmeyer
NCDOT Permit Coordinator
LYNDo TIPPETT
SECRETARY
Subject: Proposed widening of NC 16 from SR 1617 (Indian Hill Road) to north of
SR 1431 (Camden Drive) in Wilkes County. TIF,'N0:1R-2207A, State
Project No. 6.760106.
As you are aware, the North Carolina Department of Transportation plans to
widen NC 16 from SR 1617 (Indian Hill Road) to north of SR 1431 (Camden Drive). A
General Permit 31 was applied for on September 11, 2000. A 401 Water Quality
Certification with conditions was received on September 27, 2000 ?>>a ®1 No.t00-
.3) from the Division of Water Quality. The purpose of this letter is to apply for a
Nationwide P ,No. 12 for impacts concerning utilities.
A water pipe will need to be installed under Maiden Creek on the subject project.
Approximately 0.0007 ac temporary fill in surface waters will occur in Maiden Creek.
The trench width will be approximately 2.66 ft. The length of sewer line under Maiden
Creek will be approximately 13.1 ft. The total length of the proposed 200 mm water line
will be approximately 7,396 ft. The proposed 200 mm water line will be installed
approximately 3.28 ft below the bottom of the existing creek bed of Maiden Creek.
Attached for your information is a copy of the utilities drawings for the subject project.
The NCDOT requests that you review this work for authorization under
Nationwide Permit No. 12. It is anticipated that 401 General Certification No. 3288
(Utility Line Backfill and Bedding) will apply to this project, and the attached
information is being provided to the North Carolina Department of Environment and
Natural Resources, Division of Water Quality, for their review.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW DOH. DOT. STATE. NC. US
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC
I
II' you have any questions or need additional information, please call Mr. Matt
Haney at [phone] ext. 333.
Sincerely,

William D. Gilmore, P.E., Manager
Project Development & Environmental Analysis Branch
cc:
Mr. David Franklin, Corps of Engineers, Wilmington
Mr. John Dorney, NCDENR, Division of Water Quality
Mr. David Cox, NCWRC
Ms. Marella Buncick, USFWS, Asheville
Mr. N.L. Graf, P.E., FHWA
Mr. John Alford, P.E., Roadway Design
Mr. Calvin Leggett, P.E., Program Development Branch
Mr. Victor Barbour, P.E., Design Services Unit
Mr. D.R. Henderson, P.E., Hydraulics Unit
Mr. Timothy V. Rountree, P.E., Structure Design Unit
Mr. Carl McCann, P.E., Division 11 Engineer
Ms. Karen Boshoff, PD&EA
t
Project: 6.761016 (R-2207A)
NOTES:
TEMPORARY FILL IN SURFACE
WATER SURFACE AREA = 0.0003 HECTARE,
TRENCH WIDTH = 0.81m
LENGTH OF THE SEWER LINE UNDER CREEK = 4.0m.
TOTAL LENGTH OF THE PROPOSED 200mm WATER LINE = 2,255m.
THE PROPOSED 200mm WATER LINE WILL BE INSTALLED APPROX. lm BELOW THE
BOTTOM OF THE EXISTING CREEK BED.
IF YOU HAVE ANY QUESTIONS OR NEED ADDITIONAL INFORMATION, PLEASE CALL ME
AT 250-4128.
1 6 ? 1639
1412 1585 1548
1411 1410
1408 1557
r
140
1407 143 1556 \
1406
1405
1315 1315 J
T747
1368 END PROJ E
158 155
1315 1635
1555 1553 1315
1367 1341
W+ 16 1631
1624 1609
1553 1554
1317 1394 BEGIN P E CT 1550
16 1633
1340 1617
Millers Creekl315 1598
1370 1304 1577 1599 1588
1428 4j
1304 1317 1626 1436
13 8 1
1339 140 1337 1372 X1372
1371
1424 1386 1422
1317 1376 1371 1632
1387 1388 T-421
1423 1388
1325 1333
1316 1373
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State of North Carolina
Department of Environment
and Natural Resources V
A&4-
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary Kerr T. Stevens, Director
September 27, 2000
Wilkes County
DWQ Project No. 00-1233
TIP Project No. R-2207A
Widening of NC 16 from SR 1617 (Indian Hill Rd.) to north of SR 1431 (Camden Dr.)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. William D. Gilmore, P.E., Manager
NCDOT Project Development & Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Gilmore:
You have our approval, in accordance with the attached conditions and those listed below, to
widen NC 16 from SR 1617 (Indian Hill Road) to north of SR 1431 (Camden Drive) in Wilkes
County. The project should be constructed in accordance with your application dated 11
September 2000 (received 25 September 2000). After reviewing your application, we have
decided that this project is covered by General Water Quality Certification Number 3289. This
certification corresponds to the Regional (General) Permit Number 198200031 issued by the
Corps of Engineers. In addition, you should acquire any other federal, state or local permits
before you proceed with your project including (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanying §404 permit, unless otherwise specified in the Water Quality
Certification. The following additional conditions will be required:
• In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning season of November 1 through March 31 to protect the egg and fry
stages of trout from off-site sedimentation during construction.
• The DWQ requires that hazardous spill catch basins be installed at any bridge crossing a
stream since the water body impacted is classified as a WS-II (automatically carrying the
designation of "High Quality Water"). The number of catch basins installed should be
determined by the design of the bridge, so that runoff would enter said basin(s) rather than
flowing directly into the stream.
• Any culverts required for this project shall be installed in such a manner that the original
stream profile is not altered (i.e. the depth of the channel should not be reduced by a
widening of the streambed).
• All work shall be performed during low flow conditions.
• The presence of equipment in the channels must be minimized.
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
• Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for
storm water sheet flow.
• Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be
planted when practical.
This approval is valid solely for the purpose and design described in your application (unless
modified below). Should your project change, you must notify the DWQ and submit a new
application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter, and is thereby responsible for complying with all the conditions. If the proposed
fill is in excess of 150 linear feet of stream length or 1 acre of wetlands, compensatory mitigation
will required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid,
you must follow the conditions listed in the attached certification and any additional conditions
listed above.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition that conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-9646.
Sincerely,
Attachment
Pc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Central Files
(J1
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
i1" 1;S B. HUNT JR. DAVID MCCOY
r GOVERNOR SECRETARY
September 11, 2000
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615-6814
Attention: Eric Alsmeyer
NCDOT Permit Coordinator
Subject: Proposed widening of NC 16 from SR 1617 (Indian Hill Road) to north of
SR 1431 (Camden Drive) in Wilkes County. TIP No. R-2207A, State
Project No. 6.760106.
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to widen
NC 16 from SR 1617 (Indian Hill Road) to north of SR 1431 (Camden Drive) in Wilkes
County for a total length of 1.4 miles. The purpose of this application is to address
impacts associated with this project.
NEPA Documentation
An environmental review of the project was conducted by NCDOT. Based on a
review of the scope of the project, no environmental document is required pursuant to the
North Carolina Environmental Policy Act. The project does meet the state minimum
criteria based on information provided by NCDOT Division 11. A state minimum
criteria and checklist was completed by NCDOT Project Development and
Environmental Analysis Branch on September 29, 1998. The project limits outlined in
the document extended from SR 1304 (Boone Trail) to SR 1347 (Charity Church Road).
Recommended Alternative
The NCDOT intended to construct the alignment recommended in the state
minimum criteria. However, the project limits have been slightly adjusted since the
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] 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
2
document was completed. The revised project limits extend from SR 1617 (Indian Hill
Road) to north of SR 1431 (Camden Drive). SR 1617 is located within the limits
outlined in the state minimum criteria. SR 1431 is located approximately 500 feet north
of the project limits outlined in the state minimum criteria. Habitat located here includes
roadside shoulder and maintained lawn. A box culvert located 460 feet south of SR 1368
(Arbor Grove Road) that crosses an unnamed tributary to Reddies River will be replaced.
A temporary detour will be constructed at the site. The project let date is June 19, 2001.
The pavement will be widened to accommodate a 24 foot travelway and 2 foot
paved shoulders. In addition, left turn lanes will be constructed at SR 1394 (Greenbriar
Road) and SR 1553 (Bumgarner Lane). At these left turns, a 36 foot travelway will be
provided. The existing three-lane section between SR 1368 and SR 1315 will be widened
to have a 36 foot travelway.
Jurisdictional Status
Construction of the proposed project will necessitate impacts to waters of the
United States. Surface waters will be affected by the removal and placement of a culvert
and the removal and replacement of a temporary pipe. No wetlands are located in the
project limits. The North Carolina Division of Water Quality (NCDWQ) has provided
guidance to differentiate between perennial streams, intermittent streams, and stormwater
channels. These guidelines are presented in Field Location of Streams, Ditches, and
Ponding (NCDENR, 1997). Wetland delineations were conducted using the field
delineation method outlined in the 1987 Corps of Engineers Wetland Delineation Manual
(Environmental Laboratory, 1987). Jurisdictional stream determinations and wetland
delineations were conducted at the site by NCDOT Natural Systems Specialist Chris
Murray on February 2, 1998.
Summary of Project Impacts
There are two jurisdictional stream sites in the project study area (Site 1 and 2).
These sites are discussed below:
Site 1 Station 28+79-L- to 28+85-L-
An unnamed perennial tributary to Reddies River is located at this site. NCDOT
plans to remove the existing three barrel culvert and replace with a 2 @ 10 foot x 9 foot
reinforced concrete box culvert (see sheets 3 of 10 to 5 of 10). A total of 131 linear feet
of stream channel (<O.1 ac fill in surface waters) will be permanently impacted by project
construction.
The new culvert will maintain the existing stream channel width. A two foot sill
will be constructed in the north barrel and a one foot sill will be constructed in the south
barrel. Rock vanes will be constructed at the inlet and outlet of the north barrel. The area
within the rock vane will be filled with bedding material removed from the streambed
during construction of the culvert. Coir fiber matting with live vegetative stakes will be
placed under and adjacent to rip rap along the streambank at the outlet of the proposed
culvert. The rip rap will not extend beyond the bankfull depth.
Site 2 Station 11+92 to 11+97 Detour
An unnamed perennial tributary to Reddies River is located at this site, which is
located downstream of Site 1. NCDOT plans to place a temporary 2 @ 6 foot corrugated
metal pipe as part of a temporary detour (see sheets 6 of 10 to 8 of 10). A total of 82
linear feet of stream channel (<O.1 ac fill in surface waters) will be temporarily impacted
by project construction.
The temporary structure will maintain the existing stream channel width. Coir
fiber matting with live vegetative stakes will be placed under and adjacent to rip rap
along the streambank after removal of the temporary structure. The rip rap will not
extend beyond the bankfull depth. The streambank will be reforested with native
vegetation after removal of the temporary detour structure.
Endangered Species
Plants and animals with federal classifications of Endangered, Threatened,
Proposed Endangered, and Proposed Threatened are protected under provisions of
Section 7 and Section 9 of the Endangered Species Act (ESA). As of June 16, 2000, the
bog turtle (Clemmys muhlenbergii) is the only federally protected species listed for
Wilkes County. The bog turtle is listed as threatened due to similarity of appearance.
These species are not biologically endangered or threatened and are not subject to Section
7 of the ESA.
Cultural Resources
The State Historic Preservation Officer stated that they are aware of no properties
of architectural, historic, or archaeological significance that would be affected by the
project (February 7, 2000).
Mitigation
The USACE adopted, through the Council of Environmental Quality (CEQ), a
mitigation policy that embraces the concept of "no net loss" and sequencing. The
purpose of this policy is to restore and maintain the chemical, biological, and physical
integrity of the Waters of the United States. Mitigation of wetland and surface water
impacts has been defined by the CEQ to include: avoiding impacts, minimizing impacts,
rectifying impacts, reducing impacts over time, and compensating for impacts (40 CFR
§1508.20). Executive Order 11990 (Protection of Wetlands) and DOT Order 5660.1A
(Preservation of the Nation's Wetlands), emphasize protection of the functions and values
provided by wetlands. These directives require that new construction in waters of the
U.S. be avoided as much as possible and all practicable measures are taken to minimize
or mitigate impacts to waters of the U.S.
The NCDOT is committed to incorporating reasonable and practicable design
features to avoid and minimize wetland and surface water impacts, and to provide full
compensatory mitigation of remaining wetland and surface water impacts. Avoidance
measures were taken during the planning and EA/FONSI phases; minimization measures
were incorporated as part of the project design.
4
Avoidance
All wetland and surface water areas not affected by the project will be protected
from unnecessary encroachment. No staging of construction equipment or storage of
construction supplies will be allowed in wetlands or near surface waters. Avoidance was
employed by widening existing NC 16 and avoiding roadway construction on new
location.
Minimization
Minimization includes the examination of appropriate and practicable steps to
reduce the adverse impacts. Minimization techniques were implemented as follows:
Slopes: In jurisdictional waters of the U.S. sites, the side-slopes have been
steepened to the extent possible.
2. Best Management Practices: Strict enforcement of sedimentation and
erosion control Best Management Practices (BMP) for the protection of
surface waters and wetlands.
3. Rip Rap: During the design stage, the Hydraulics Unit reduced the amount
of rip rap at Site 1 and Site 2.
Compensation
Mitigation is generally accomplished through a combination of methods designed
to replace wetland functions and values lost as a result of construction of the project.
Compensation may take the form of mitigation banking, contributions to wetland trust
funds, or replacing lost wetland functions and values on-site. Replacing lost wetland
functions and values may be accomplished through creating, restoring, enhancing, or
preserving similar functions and values in constructed or improved wetlands. When
practicable, replacement wetland standards are to provide new wetlands either preceding
the wetland losses or concurrently with the losses so that wetlands are functioning at all
times during the construction process.
The NCDOT understands that stream mitigation will not be required for this
project. Site I and Site 2 impact an unnamed tributary to Reddies River. Site 1 involves
the removal of an existing three barrel culvert and replacement with a two barrel culvert.
A total of 131 linear feet of stream channel will be permanently impacted from project
construction. Site 2 involves the placement of a temporary pipe downstream of Site 1 as
part of a temporary detour. A total of 82 linear feet of stream channel will be temporarily
impacted from project construction.
Summary
Application is hereby made for a Department of the Army Section 404 Regional
General Permit 31 as required for the above-described activities. We anticipate a Section
401 Water Quality Certification will apply to this project, and are providing seven copies
of the application to the North Carolina Department of Environment and Natural
Resources, Division of Water Quality. In addition, in compliance with Section
143-215.3D(e) of the NCAA, we have enclosed a check for $425.00 to act as payment for
processing the Section 401 permit application.
Construction of the proposed project will result in <0.1 acre permanent fill in
surface water (stream), 131 linear feet permanent channel filled, <0.1 acre temporary fill
in surface water (stream) and 82 linear feet temporary channel filled.
Thank you for your assistance with this project. If you have any questions or
need any additional information about this project, please contact Matt Haney at (919)
733-7844, Extension 333.
Sincerely,

William Gilmore, P.E., Branch Manager
Project Development and Environmental
Analysis Branch
WG/mmh
C: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, DWQ
Mr. David Cox, NCWRC
Ms. Marella Buncick, USFWS
Mr. John Alford, P.E., Roadway Design
Mr. Calvin Leggett, P.E., Planning and Programming
Ms. Debbie Barbour, Design Services
Mr. A.L. Hankins, P.E., Hydraulics
Mr. Tim Rountree, Structure Design
Mr. Carl McCann, P.E., Division 11 Engineer
v ?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON
GOVERNOR SECRETARY
September 29, 1998
MEMORANDUM TO: FILE
FROM: Karen Boshoff, Project Planning Engineer
Planning and Environmental Branch
SUBJECT: Proposed Improvements to NC 16, from SR 1304 (Boone
Trail) to SR 1347 (Charity Church Road), Wilkes County,
State Project No. 6.761016, TIP Project No. R-2207 A
An environmental review of the subject project has been conducted. Based upon
a review of the scope of the project, no environmental document is required pursuant to
the North Carolina Environmental Policy Act.
The project will likely require the extension of a box culvert located
approximately 140 meters (459 feet) south of SR 1368 (Arbor Grove Road). If this
culvert does require extension, then a Nationwide Permit 33 CFR 330.5(a) (14) will be
required from the U. S. Army Corps of Engineers. A Section 401 Water Quality
Certification will be required from the North Carolina Division of Water Quality prior to
the issuance of the Nationwide permit.
The determination that the proposed project meets the state minimum criteria was
made based on information provided to the Planning and Environmental Branch by the
NCDOT Division 11 office. No further environmental documentation is required for the
proposed project unless changes to the project occur.
KB
cc: Mr. W. H. Webb, P. E., Program Development Branch
Mr. R. C. McCann, P. E., Division 11
Mr. William D. Gilmore, P. E., Planning and Environmental Branch
Mr. Lubin V. Prevatt, P. E., Planning and Environmental Branch
Mr. David C. Robinson, Ph.D., P. E., Planning and Environmental Branch
MINIMUM CRITERIA DETERMINATION CHECKLIST
The following questions provide direction in determining whether a proposed project has only a
minimum potential for environmental effects. Answer the following questions by checking
either yes or no. Refer to the attached guidance for assistance.
TIP Project No. R-2207 A
State Project No. 6.761016
Project Location: Wilkes County, near the Millers Creek community
Project Description: The proposed project will widen NC 16 from SR 1304 (Boone Trail) to
SR 1347 (Charity Church Road) in Wilkes County (see the attached vicinity map, Figure 1). The
pavement will be widened to accommodate a 7.2-meter (24-foot) travelway and 0.6-meter
(2-foot) paved shoulders. In addition, left turn lanes will be constructed at SR 1394 (Greenbriar
Road) and SR 1553 (Bumgarner Lane). At these left turn lanes, a 10.8-meter (36-foot) travelway
will be provided. Also, the existing three-lane section between SR 1368 and SR 1315 will also
be widened to have a 10.8-meter (36-foot) travelway. In order to facilitate the widening
described above, a box culvert located approximately 140 meters (459 feet) south of SR 1368
(Arbor Grove Road) will likely have to be extended.
Anticipated Permit or Consultation Requirements:
A Corps of Engineers' Nationwide Permit 33 CFR 330.5(a) (14) is likely to be applicable
for the extension of the culvert at the tributary to Reddie's River located 140 meters (459 feet)
south of SR 1368 (Arbor Grove Road). In addition, a North Carolina Division of Water Quality
(DWQ) Section 401 Water Quality General Certification is also required. '
Special Project Information:
Right of Way
In locations where only two-lane improvements are being constructed, 18 meters
(60 feet) of right of way along the existing roadway will be sufficient. In locations where left
turn lanes will be provided, 6 meters (20 feet) of additional right of way is needed (to provide a
total of 24 meters [80 feet] of right of way).
Current Cost Estimates and Project Status
The 1998-2004 Transportation Improvement Program (TIP) includes $ 1,000,000 in total
funding for TIP Project R-2207 A. This amount includes $ 200,000 for right of way acquisition
and $ 800,000 for construction. Currently, right of way acquisition is scheduled to begin in
Federal Fiscal Year 2000 and construction is scheduled to begin in Federal Fiscal Year 2001.
KB
YES NO
PART A: MINIMUM CRITERIA
1. Is the proposed project listed as a type which would qualify ® ?
as a Non-Major Action under the Minimum Criteria?
PART B: MINIMUM CRITERIA EXCEPTIONS
2. Is the proposed project likely to precipitate significant, foreseeable ?
alterations in land use, planned growth, or development patterns?
3. Does the proposed action divide or disrupt an established community? ?
4. Does the proposed action bypass an existing community? ?
5. Does the proposed action provide new access to areas containing ?
significant amounts of exploitable natural resources?
6. Is the proposed action likely to have a significant detrimental impact ?
on air quality?
7. Is the proposed action likely to have a significant detrimental impact ?
on ambient noise levels for adjoining areas?
8. Is the proposed action likely to have a significant impact on travel ?
patterns or traffic volumes?
9. Is the proposed action likely to significantly affect water quality? Q
10. Does the proposed action require the relocation of significant numbers ?
of people?
11. Is the project likely to be controversial? ?
12. Will the proposed action require the use of land owned by the ?
U. S. Forest Service or the National Park Service?
PART C: COMPLIANCE WITH STATE AND FEDERAL REGULATIONS
Ecological Impacts
13. Is a federally protected threatened or endangered species, or its habitat, ?
likely to be impacted by the proposed action?
14. Does the action require the placement of fill in waters of the United States? ® ?
2
15. Does the project require the placement of a significant amount of fill in El high quality or relatively rare wetland ecosystems, such as mountain bogs
or pine savannahs?
16. Does the project require stream relocation or channel changes? El 17. Is the proposed action located in an Area of Environmental Concern, E] as defined in the Coastal Area Management Act?
Cultural Resources
18. Will the project have an "effect" on a property or site listed on the El National Register of Historic Places?
19. Will the proposed action require acquisition of additional right of way El from publicly owned parkland or recreational areas?
Reviewed by: &?a&d Date: 9 Z9 ?S
Karen Boshoff
Project Planning Engineer
Date: 9 2 9g
Robert P. Hanson, P. E.
Project Planning Unit Head
If any questions 2 through 12 are answered "yes", the proposed project does not qualify as a
Non-Major Action. A state environmental assessment (EA) will be required. For assistance,
contact:
William D. Gilmore, P. E.
Manager, Planning and Environmental Branch
P. O. Box 25201
Raleigh, NC 27611
[phone]
Fax: [phone]
Questions in Part C are designed to assist the Engineer in determining whether a permit or
consultation with a state or federal resource agency may be required. If any question in Part C is
answered "yes", refer to the Environmental Guidance section of this document and contact the
appropriate individual for assistance.
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NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PLANNING AND ENVIRONMENTAL BRANCH
VICINITY MAP
NC 16
FROM SR 1304 (BOONE TRAIL TO SR 1347 (CHARITY CHURCH ROAD)
WILKES COUNTY
TIP PROJECT R-2207 A
0 miles 0.5 miles I
SCALE o km 0.s km 1.6 FIGURE I
sl ?!?!w ,ls
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES Q. HUNT JR. P.O. BOX 25201. RALEIGH, N.C. 27ol1-5201
GOVERNOR
March 30, 1998
E. NoRRIs TOLSON
SECRETARY
MEMORANDUM TO: Robert Hanson, P.E. Unit Head
Project Planning Unit
FROM: Chris Rivenbark, Environmental Biologist CL-
Permits, Mitigation, and Natural Resources Unit
SUBJECT: Natural Resources Investigation for proposed improvements
to NC 16, from SR 1304 (Boone Trail) to SR 1347 (Charity
Church Road), Wilkes County, State Project No. 6.761016,
TIP Project R-2207A.
ATTENTION: Eddie McFalls, P.E. Project Planning Engineer
Project Planning Unit
The attached report addresses four issues pertinent to the development of a
Minimum Threshold Determination Checklist for the proposed project: water resources,
biotic resources, wetlands, and federally protected species. The proposed project calls
for widening NC 16 from SR 1347 (Charity Church Road) in Wilkes County (see
attached vicinity map). The pavement will be widened to accommodate a 7.2 m (24.0 ft)
travelway and 0.6 m (2.0 ft) paved shoulders. In addition, left turn lanes will be
constructed at SR 1394 (Greenbrier Road), SR 1553 (Bumgarner Lane), SR 1368
(Arbor Grove), and SR 1315 (Pleasant Home Church Road). At locations where left
turns are provided, a 10.8 m (36.0 ft) travelway will be constructed. The existing right-
of-way is 18.3 m (60 ft). The proposed right-of-way will require an additional 6.1 m (20
ft) an areas to accommodate left turn lanes. The project length is 2.3 km (1.4 mi).
NCDOT biologist Chris Murray conducted a field investigation on 2 February
1998 to assess natural resources at the project site. Biotic communities were
investigated and faunal composition was predicted based on habitats observed. In
addition to field investigation, information concerning federally protected species was
obtained from the U.S. Fish and Wildlife Service (FWS) protected species list, and the
North Carolina Natural Heritage Program (NHP) database of rare species and unique
habitats.
0
TERMINOLOGY AND DEFINITIONS
For the purposes of this document, the following terms are used concerning the
limits of natural resources investigated. Project study area (project area) denotes the
area bounded by the proposed right-of-way limits. Project vicinity describes an area
extending 0.8 km (0.5 mi) on all sides of the project study area. Project region is
equivalent to an area represented by a 7.5 minute USGS quadrangle map [163.3 sq km
(61.8 sq mi)], with the project as the center point.
WATER RESOURCES
Water resource information encompasses physical aspects of the resource, its
relationship to major water systems, Best Usage Standards and water quality of the
resources. Probable impacts to these water bodies are also discussed, as are means
to minimize impacts.
Streams are assigned a best usage classification by the Division of Water
Quality (DWQ, formerly known as the Department of Environmental Management). One
stream, an unnamed tributary to Reddies River [DEM index no. 12-40-(l), 8/3/981 lies in
the project study area. The classification of unnamed tributaries is the same as that for
the named water body into which the tributary flows. The classification for Reddies
River is WS-II. The WS-II classification refers to waters protected as water supplies
which are generally in predominantly undeveloped watersheds. These waters are
suitable for all Class C uses. Class C refers to freshwaters protected for secondary
recreation, fishing, aquatic life including propagation and survival, and wildlife. All
freshwaters are classified to protect these uses at a minimum.
The Benthic Macroinvertebrate Ambient Network (BMAN) is managed by DWQ
and is part of an ongoing ambient water quality monitoring program which addresses
long term trends in water quality. The program assesses water quality by sampling for
selected benthic macroinvertebrate organisms at fixed monitoring sites. Some
macroinvertebrates are sensitive to very subtle changes in water quality; thus, the
species richness and overall biomass of these organisms are reflections of water
quality. There are no BMAN stations within the project area.
Point source dischargers located throughout North Carolina are permitted
through the National Pollutant Discharge Elimination System (NPDES) program. Any
discharger is required to register for a permit. There is one NPDES permitted
discharger in the project vicinity. Millers Creek Elementary discharges into the
previously mentioned unnamed tributary to Reddies River. Permit number N00033138
was issued on 16 August 1993 for Millers Creek Elementary.
Aquatic communities are sensitive to minor changes in the environment. Any
action that affects water quality can have an adverse impact on aquatic organisms.
Although most of the disturbance caused by project construction will be temporary,
2
some environmental impacts caused by the proposed project will be long term or
irreversible. Installation or modification of in-stream structures, such as replacement or
extension of culverts, can permanently affect many physical stream parameters.
Project construction may result in the following impacts to surface waters:
- Increased silt loading and sedimentation from erosion of disturbed soils.
- Changes in light incidence, water clarity and water temperature due to increased
sediment load and riparian vegetation removal.
- Alteration of stream discharge due to silt loading and changes in surface or
ground water drainage patterns.
- Increased potential for release of toxic compounds such as fuel and oil from
construction equipment and other vehicles.
Precautions must be taken to minimize these and other impacts to water
resources in the study area. NCDOT's Best Management Practices (BMP) for the
Protection of Surface Waters must be strictly enforced throughout the construction
stage of the project. Provisions to preclude contamination by toxic substances should
also be strictly enforced.
BIOTIC RESOURCES
Terrestrial Communities
Two community types are present at the project study area. The communities
consist of a roadside shoulder/maintained yard and a mesic mixed hardwood forest.
Dominant flora and fauna observed, or likely to occur in each community are provided
below. Scientific nomenclature and common names (when applicable) are provided for
each plant and animal species mentioned. Subsequent references to the same
organism will include the common name only.
Wildlife found in the roadside shoulder/maintained yard community type is
limited and consists primarily of wide-ranging, adaptable species. Other animals may
use this area as a corridor for travel between less disturbed habitats, or for foraging.
Birds potentially found in disturbed habitats include American robin* (Turdus
migratorius), Carolina chickadee (Parus carolinensis), common crow (Corvus
brachyrhynchos), mourning dove (Zenaida macroura), rufous-sided towhee (Pipilo
erythrophthalmus), European starling (Stumus vulgaris) and American kestrel (Falco
sparverius). Mammalian species likely to frequent disturbed habitats include eastern
cottontail (Sylvagus floridanus), white-footed mouse (Peromyscus leucopus), and hispid
cotton rat (Sigmodon hispidus). Reptiles commonly found in disturbed habitats include
the eastern garter snake (Thamnophis sirtalis) and black racer (Coluber constrictor).
Vegetation found in the roadside shoulder/maintained yard included fescue
(Festuca sp.), field garlic (Allium canadense), bittercress (Cardamine sp.), dandelion
(Taraxacum officinale), clover (Trifolium sp.), plantain (Plantago sp.), chickweed
3
(Stellaria sp.), Carolina geranium (Geranium carolinianum). Trees observed in this
community included white pine (Pinus strobus) and red maple (Acer rubrum).
Flora present in the mesic mixed pine/hardwood forest includes Japanese
honeysuckle (Lonicera japonica), poison ivy (Toxicodendron radicans), greenbriar
(Smilax sp.), violet (Viola sp.), Japanese grass (Microstegium vimineum), and field
garlic. Trees present in this community included American holly (Ilex opaca), red maple,
American beech (Fagus grandifolia), sweet gum (Liquidambar styraciflua), hickory
(Carya sp.), ironwood (Carpinus caroliniana), shortleaf pine (Pinus echinata), tulip
poplar (Liriodendron tulipifera), white pine, Chinese privet (Ligustrum sinense), and
black cherry (Prunus serotina).
Estimated Impacts to Terrestrial Communities
Construction of the subject project will have various impacts on the biotic
resources described. Any construction related activities in or near these resources
have the potential to impact biological functions. A total of 5.5 ha (13.6 ac) of roadside
shoulder community will be impacted by project construction. However, this community
will be replaced by an equivalent community through re-vegetation after project
completion.
Terrestrial communities found in the study area may serve as nesting, feeding,
and sheltering habitat for various species of wildlife. Habitat reduction resulting from
road construction concentrates wildlife into smaller refuge areas, thus changing
competition between species and causing increased starvation, predation and
susceptibility to disease.
WETLANDS AND PERMITS
Surface waters and wetlands fall under the broad category of "Waters of the
United States," as defined in Section 33 of the Code of Federal Register (CFR) Part
328.3. Wetlands, defined in 33 CFR 328.3, are those areas that are inundated or
saturated by surface or ground water at a frequency and duration sufficient to support,
and under normal circumstances do support, a prevalence of vegetation typically
adapted to life in saturated conditions. Any action that proposes to place fill into these
areas falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under
Section 404 of the Clean Water Act (33 U.S.C. 1344).
No jurisdictional wetlands are located within the project area, however, impacts
to the unnamed tributary to Reddies River will occur if the box culvert is extended
according to current plans. The culvert located approximately 140 m (459 ft) south of
SR 1368 (Arbor Grove) will be extended 3 m (10 ft) on both sides of the roadway.
4
Permits
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.
In addition, a 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.
PROTECTED SPECIES
Some populations of fauna and flora have been in, or are in, the process of
decline either due to natural forces or their inability to coexist with human activities.
Federal law (under the provisions of the Endangered Species Act of 1973, as
amended) requires that any action, likely to adversely affect a species classified as
federally-protected, be subject to review by the Fish and Wildlife Service (FWS).
Plants and animals with federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under
provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as
amended. An endangered species is considered to be a species that is in danger of
becoming extinct throughout all or a significant portion of its range. A threatened
species is considered to be a species that is likely to become an endangered species
within the foreseeable future throughout all or a significant portion of its range.
As of 4 November 1997, the FWS lists one federally protected species for Wilkes
county. The bog turtle (Clemmys muhlenbergii) is listed as threatened due to similarity
of appearance (T S/A). A species with the T S/A status means that a species that is
5

threatened due to similarity of appearance with other rare species and is listed for its
protection.
T S/A species are not biologically endangered or threatened and are not subject
to Section 7 consultation. In addition, a review of the North Carolina Natural Heritage
Program database of rare species and unique habitats on 10 February 1998 revealed
no reported occurences of any federally protected species within 1.0 km (1.6 mi) of the
project area.
cc: V. Charles Bruton, Ph.D., Unit Head, Natural Resources, Permits, and Mitigation Unit
Hal Bain, Natural Resources Supervisor
File: R-2207A
6
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ADDRESS
PARCEL
1
2
3
4
PROPERTY OWNER
NAME AND ADDRESS
WII.KES COUNTY
PROJECT 6.761016 (R2207A)
PROPOSED WIDENING OF N.C.16
OWNERS NAME
EDITH K DOCKERY
ANITA B. COMBS
BRYANT CHURCH, ET. AL.
WILKES COUNTY BOARD OF EDUCATION
PO BOX 3
MILLERS CREEK, N.C. 28651
PO BOX 1017
MILLERS CREEK, N.C. 28651
228 GREEN ACRES RD.
MILLERS CREEK, N.C. 28651
MAIN ST.
WILKESBORO, N.C. 28697
N.C DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
WILKES COUNTY
PROJECT 6.761016 (R2207A)
PROPOSED WIDENING OF N.C.16
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