Loading...
HomeMy WebLinkAbout20021713 Ver 1_Complete File_20021003021713 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDo TIPPETT GOVERNOR SECRETARY October 2, 2002 Raleigh Regulatory Field Office US Army Corps of Engineers 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615-6814 ATTENTION: Ms. Jean Manuele Dear Madam: SUBJECT: Nationwide 23 and Nationwide 33 Permit Application. The proposed replacement of Bridge No. 56 over Byrd's Creek on SR 1751 in Caswell County. Federal Aid Project No. MA-BRZ-1751(2), State Project No. 8.2481201, TIP No. B-3319. Please find enclosed three copies of the project planning report for the above referenced project. Bridge No. 56 will be replaced by a two barrel 14 ft X 10 ft reinforced concrete box culvert in approximately the same location as the existing bridge. The proposed right-of-way is 60 - 160 ft. The project length is approximately 1,010.0 ft. Traffic will be detoured offsite during construction using other existing local roads. A project vicinity map and preconstruction notification form are also included with this permit application. Temporary De-watering Information:. A culvert diversion channel to detour existing stream around the culvert construction site will be needed for project . Work includes; constructing diversion channel, disposing of excess materials, providing and placing filter fabric liner, maintaining diversion area in an acceptable condition, removing filter fabric liner, backfilling diversion channel area with suitable material and providing proper drainage when diversion channel area is abandoned. 1. Restoration Plan: The materials used as temporary fill in the de-watering of the stream will be removed after their purpose has been served. The temporary fill areas will be restored to their original contours once the materials are removed. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: IM PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: 919-733-9794 TRANSPORTATION BUILDING C. 1548 MAIL SERVICE CENTER 1 SOUTH WILMINGTON STREET RALEIGH NC 27699-1548 WEBSITE: WWW.NCDOT.ORG RALEIGH, NC 2. Schedule: The project schedule calls for a December 17, 2002 let date. It is expected that the contractor will chose to start construction of the diversion shortly after the project is let. The diversion will be in use for approximately four months. 3. Disposal: After the diversion is no longer needed, the contractor will remove the materials used for the diversion. All containment materials will become property of the contractor. The contractor will be required to submit a reclamation plan for removal and disposal of all materials off-site. One perennial stream in the Roanoke River Basin, Byrd's Creek [HUC 03010104, DWQ Index No. 22-56-7-3-(1), 5/1/88] is crossed by SR 1751. This stream carries a Best Usage Classification of C. Construction of the proposed culvert will result in permanent impacts of 249.4 linear feet of streams and fill in 0.04 ac to surface waters. The length of the proposed culvert is 70.0 ft, however tie Finaining 179.4 ft of impacts will occur during construction of the floodplain for the low flow culvert. These impacts are depicted in the attached drawing (Sheet 3). No jurisdictional wo nds will be impacted as a result of project construction Bridge Demolition: -Bridge No. 56 has 6 spans totaling 74 feet (22.5 m) in length. The existing bridge is composed entirely of steel and timber components, with an asphalt overlay wearing surface. The bridge has a timber deck on steel girders and floorbeams. The substructure is entirely composed of timber. Therefore, the bridge will be removed without dropping into the water. The asphalt wearing surface will be removed prior to demolition without dropping into the water. During construction, Best Management Practices for Bridge Demolition and Removal will be followed. Compensatory Mitigation: Compensatory mitigation is not proposed for this project. The additional impacts of 179.4 ft are due to the construction of the floodplain for the low flow culvert. The new channel will be constructed to match the cross section of the existing channel. Once the bench is created, streambanks will be vegetated to ensure stability. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we propose to proceed under a Nationwide Permit in accordance with Federal Register: January 15, 2002 (Volume 67, Number 10, Pages 2019-2095, by the Corps of Engineers. The provisions of Section 330.4 and appendix A(C) of these regulations will be followed during construction of the project. It is anticipated that these activities will be authorized via a Nationwide Permit 23 (Categorical Exclusion) and a Nationwide Permit 33 (Temporary Construction, Access and Dewatering). We anticipate a 401 General Certification number 3361 will apply to this project. In accordance with 15A NCAC 2H .0501(a) we are providing two copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their records. 4 If you have any questions or need any additional information, please contact Mr. Chris Rivenbark at (919) 733-9513. Sincerely, V. Charles Bruton, Ph.D., Manager PDEA-Office of Natural Environment WDG/mcr cc: w/attachment Mr. John Dorney, Division of Water Quality Mr. David Cox, NCWRC Mr. Garland Pardue, USFWS Mr. Greg Perfetti, P.E., Structure Design w/o attachment Mr. David Franklin, USACE, Wilmington Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TIP Ms. Debbie Barbour, P.E., Highway Design Mr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. J. M. Mills, P.E., Division 7 Engineer Mr. Len Smith, Division 7 DEO Mr. Dennis Pipkin, P.E., PDEA Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit Section 10 Permit ® 401 Water Quality Certification Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 23 and 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: F-1 II. Applicant Information 1. Owner/Applicant Information Name: N.C. Dept. of Transportation Mailing Address: Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh. NC 27699-1548 Telephone Number: (919) 733-3141 Fax Number: (919) 733-9794 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 3 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Replacement of Bridge No. 56 on SR 1751 (Fitch Rd.) over Byrd's Creek 2. T.I.P. Project Number (NCDOT Only) B-3319 3. Property Identification Number (Tax PIN): n/a 4. Location County: Caswell Nearest Town: Anderson Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Anderson, travel approximately 1.0 mi. north on NC 62, turn right and travel 3.2 mi northeast on SR 1759 (Roscoe Dameron Rd.), turn left and travel 0.7 mi northwest on SR 1751 (Fitch Rd.) to Bridge No 56 over Byrd's Creek. 5. Site coordinates, if available (UTM or Lat/Long): N36° 19.075', W79° 19.271' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: rural highway, forested 7. Property size (acres): approximately 2.4 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Byrd's Creek 9. River Basin: Roanoke (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 4 of 13 10. Describe the purpose of the proposed work: replacement of Bridge No. 56 on SR 1751 over Bvrd's Creek 11. List the type of equipment to be used to construct the project: backhoe, crane, bulldozers, heavy-dutv trucks 12. Describe the land use in the vicinity of this project: forested, pasture IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. n/a V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: n/a VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream Page 5 of 13 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: n/a Total area of wetland impact proposed:_ 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) Site 1 fill 249.4 Byrd's Creek 25 feet Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap. dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. l1SGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com. www.mapguest.com, etc.). Page 6 of 13 Cumulative impacts (linear distance in feet) to all streams on site: 249.4 feet 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Site 1 Fill 0.04 Byrd's Creek stream List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Project involves bridge replacement with a double barreled box culvert in approximately the same location and elevation as the existing bridge with no impacts to wetlands. Waters of the U.S. will be impacted in order to construct a low-flow channel. An portion of the existing channel will be excavated to create a new floodplain. Traffic will be maintained on existing roads during the construction period. Any material that falls into the stream will be removed as soon as possible as part of the bridge removal process. Page 7 of 13 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/newetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. n/a Page 8 of 13 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like'to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): n/a Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes F-] No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes F-] No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Page 9 of 13 Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. n/a XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Impervious area will be similar to that of current conditions. The existing bridge is to be replaced near the existing bridge location and at approximately the same elevation. NCDOT BMP's for the protection of surface waters will be followed throughout project construction. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. n/a XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Page 10 of 13 f Yes No Is this an after-the-fact permit application? Yes F? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). n/a Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 1 1 of 13 I CASWELL ^ ^ _ COUNTY e? SEE INSET .' BELOW 49 END PROJECT 8-3319 ?e5 62 1 1754 1749 1758 BEGIN PROJECT L55 , r B-3319 ? i 1117 ?. 1751 %..? ' /. j 1752 ? ? , . S, i 1759 c 1753 , /.. - . 1133 .: 1756? r r i 1757 ? j Jericho /1?.1?4 1755 ' f 1759 1172 Fitch 1783 j y 1170 0 i 1 111 d 1001 SCALE 5 0 1 Mile 62 1759 1760 \ 1 119 Anderson 1001 Baynes N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS CASWELL COUNTY PROJECT: 8.2181201 (B-3319) PROPOSED REPLACEMENT OF BRIDGE No.56 ON SR 1751 OVER YRDIS CREEK SHEET I OF 3/20/01 LEGEND --•WLB---- WETLAND BOUNDARY 1\0-l b", Az -k \i WETLAND WLBI ® DENOTES FILL IN WETLAND ® DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ®DENOTES TEMPORARY FILL IN WETLAND ® DENOTES EXCAVATION IN WETLAND DENOTES TEMPORARY FILL IN SURFACE WATER * • DENOTES MECHANIZED * CLEARING E- FLOW DIRECTION TB - B TOP OF BANK - WE - EDGE OF WATER -- C _- PROP. LIMIT OF CUT ---E-- PROP. LIMIT OF FILL -A ? , PROP. RIGHT OF WAY -- NG---NATURAL GROUND - - PL - PROPERTY LINE -TDE- TEMP. DRAINAGE EASEMENT - PDE - PERMANENT DRAINAGE EASEMENT --EAB-- EXIST. ENDANGERED ANIMAL BOUNDARY - EPB-- EXIST. ENDANGERED PLANT BOUNDARY - - - - - WATER SURFACE XXXXX LIVE STAKES BOULDER --- COIR FIBER ROLLS O ADJACENT PROPERTY OWNER OR PARCEL NUMBER T:::? PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) 0 SINGLE TREE WOODS LINE ¦ DRAINAGE INLET ROOTWAD o VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS CASWELL COUNTY PROJECT: 8.2481201 (B-3319) PROPOSED REPLACEMENT OF BRIDGE No. 56 ON SR 1751 OVER BYRD'S CREEK SHEET _?n_ OF 6 3/20/•01 Y i o z f I 1 \ ; i ?I 11 ? z ??a 1 ? ., w v ?\\ f I II I Z U BUZZ Lli cc i >" :? r I ? I w z 3 a z ?o?l O O ;'? ?j Y I a 0-4 v o> o ? ? ? `?? Iv o A a o? EMI 1-.. _ O 2?, I I U a F ` I i w z a w l ° w r? 1.Lj) I a 1 ,I V 1 v) I < CL 111 ~ I p I O `I :??? .r +' ^J'- fr. N r lod LL/ V) ° J f- L ° z W ° N. JQ O N o LL 3 (n Lu oa W U N In i °O t- a O LL 1 f / i _ / O N Q LLJ 301 m j I w' O 301 j I 1 i ti's I I `/ LL, ?. i Cl- v Lij ILL Ca .,; tip. ( ?I I + In LO OZ'S cR?? I ?' x N ,''?Rd 'O I I w v j N I I J, O Li ?? N N O r1 O p o I Q) z o z U ?ooA o co wa' ° as Z w z D o o wAwa ?. o > ~ a z v o??? C A ap ? ?Tl Q) U z ? \ w \ J u \ -? co F U I N U Qm \ U ?m W I \ U a Z I 1 O W 0 z 0--W 0 J I ~o U X V )o I za. W W ° CD 1 , 0 m Q ° Om CC - N (oj CDUJ co W I nl Z= Ln Y O u- 0 00 cr X I --- ---?\ -i d W i '?-- -- lnz -bi j I ' z C?] I----?_?• _?Llj O I z j w a w / N J ' a N ? J Z Q / O u \ 0 \J O W / / O Q 2 > L I 0 0 0 C) o Ln Ln Ln ? m Ln Iq N CV L L? O O U 8 cl) U o a ?* N 8 W N ? I T O LL ° LL - - - m O 0 c(aa $ Z O N - I ° a fn rn v N CC Q o O N c O cCa O e z m Z) co Z O N O L U Q LL J co z m W U ~ Z LL E- O w O N c a; F- .,x 1 C a. U n o a wU E C\+ 0 o z Z W li 3 a a N m S ? 3 m o I- w O W U ,u^' ¢ M c U w / U ) 0 m o F w ii o w a: U) U o Q C N N LL Z O O V N C - . C C ?O O S o U ui U a o Q ? C N a -° IL m S o x O w C D - - - - - - - Z _ ) - - - - - - J LL C a7 W o a? m E O 0 o c v ? c o -_ !a O O O O LL > O U co U a) cr 5m U N o 2 x to v C? N O J X = E co m J o a Q ~ LL O J J H U w in z O d Project No. 8.2481201 (B-3319) Property Owner List For Each Site Site Parcel Name Address NO. NO. DB and Pg O Frances W. Talley 2218 Fitch Rd. DB 235 Pg 819 Burlington, N.C. 27217 John W. McKinney O DB 246 Pg 57 1543 Vinson Rd. PB 10 Pg 29 Burlington, N.C. 27215 1 O N. L. Oliver RT. 1 Box 54 DB 93 Pg 487 Yaneyville, N.C. 27379 Paul L. Taylor O DB 193 Pg 76 2489 Finch Rd. PB 11 Pg 318 Burlington, N.C. 27215 N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS CASWELL COUNTY PROJECT: 8.2481201 (B-3319) PROPOSED REPLACEMENT OF BRIDGE No. 56 ON SR 1751 OVER ?YRD'S CREEK SHEET OF _ 4/24/01 1 CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. State Project No. Federal Project No A. Project Description: B-3319 8.2481201 MABRZ-1751(2) NCDOT will replace Bridge No. 56 in Caswell County. Bridge No. 56 carries Highway SR 1751 over Byrd's Creek. The existing bridge will be replaced with a 2 @ 12 ft by 10 ft reinforced concrete box culvert (RCBC). The roadway typical section will have a 22 foot travelway, with at least a 2 foot grassed shoulder on each side. Traffic will be detoured onto other existing local roads during construction. B. Purpose and Need: The sufficiency rating of the existing bridge is only 16.3 out of 100.0. Rehabilitation of the existing deteriorating bridge is neither practical nor economical. For these reasons, the bridge needs to be replaced. C. Proposed Improvements: Circle one or more of the following Type II improvements which apply to the project: 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 (311 and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit 3. Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements dO Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high M 2 activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. D. Special Project Information Construction Coordination: Construction of TIP project B-3131 (SR 1736) will be coordinated with B-3319 (SR 1751) in order to avoid closure of both roads simultaneously. Environmental Commitments: 1. All standard measures will be implemented to avoid or minimize environmental impacts. The NCDOT's "Best Management Practices for Protection of Surface Waters" shall be adhered to. 2. In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344) a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." A Corps of Engineers Nationwide Permit # 23 will be applicable for this project. 3. A North Carolina Division of Water Quality Section 401 Water Quality General Certification will be obtained prior to issue of the Corps of Engineers Nationwide Permit # 23. Estimated Costs: Total Construction Cost $400,000 Right-of-Way and Utilities 46,500 Total Project Cost $446,500 3 Estimated Traffic: Current - 300 VPD Year 2025 - 500 VPD Proposed Typical Roadway Section: The approach roadway will be 22 feet wide with at least a 2 foot grassed shoulder on each side. Shoulder width will be increased to at least 5 feet where guardrail is warranted. Design Speed: The design speed will be 60 mph. Functional Classification: SR 1751 is classified as a Rural Local facility in the Statewide Functional Classification System. Division Office Comments: The Division Engineer supports road closure and replacement at the existing location. The Division Engineer also requested that construction of TIP project B-3131 (SR 1736) be coordinated with B-3319 (SR 1751) in order to avoid closure of both roads simultaneously. E. Threshold Criteria The following evaluation of threshold criteria must be completed for Type II actions. ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique or important natural resource? ? X (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? F1 X (3) Will the project affect anadromous fish? ? X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3) acre and have all practicable measures to avoid and minimize wetland takin s been evaluated? X ? g 4 (5) Will the project require use of U. S. Forest Service lands? ? X (6) Will the quality of adjacent water resources be adversely - impacted by proposed construction activities? F 1 X (7) Does the project involve waters classified as Outstanding Resource Waters (ORW) and/or High Quality Waters (HQW)? ? X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? ? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? ? X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AECP ? X (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? ? X SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? ? X (16) Will the project require the relocation of any family or business? F X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or ? X low-income population? 5 (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? X ? (19) Will the project involve any changes in access control? ? X (20) Will the project substantially alter the usefulness and/or land use of adjacent property? _X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? ? X (22) Is the project included in an approved thoroughfare plan and/ or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)? X ? (23) Is the project anticipated to cause an increase in traffic volumes? ? X (24) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? ? X_ (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) X ? and will all construction proposed in association with the bridge replacement project be contained on the existing facility? (26) Is there substantial controversy on social, economic and environmental grounds concerning aspects of the action? F1 X (27) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the project? X ? (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? X (29) Will the project affect any archaeological remains which are F-1 important to history or pre-history? - (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? F1 X (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act F-1 X of 1965, as amended? 6 (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the natural Wild and Scenic Rivers? ? X F. Additional Documentation Required for Unfavorable Responses in Part E None. G. CE Approval TIP Project No. B-3319 State Project No. 8.2481201 Federal Project No. MABRZ-1751(2) Project Description: NCDOT will replace Bridge No. 56 in Caswell County. Bridge No. 56 carries Highway SR 1751 over Byrd's Creek. The existing bridge will be replaced with a 2 @ 12 ft by 10 ft reinforced concrete box culvert (RCBC). The roadway typical section will have a 22 foot travelway, with at least a 2 foot grassed shoulder on each side. Traffic will be detoured onto other existing local roads during construction. Categorical Exclusion Action Classification: (Check one) X TYPE II(A) TYPE II(B) Approved: Date Assistant Manager Planning and Environmental Branch Date Project Planning Unit Head Planning and Environmental Branch Date Project Planning Engineer Planning and Environmental Branch For Type II(B) projects only: Not Required Date Division Administrator Federal Highway Administration 8 . -N Caswell County Replace Bridge No. 56 on SR 1751 over Byrd's Creek B-3319 Flume One ...?Alu c - ?rC? Mn North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary April 22, 1998 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge 56 on SR 1751 over Country Line Creek, Caswell County, B-331 9, Federal Aid Project MABRZ-1751 (2), State Project 8.2481 201, ER 98-8598 Dear Mr. Graf: Division of Archives and History Jeffrey J. Crow, Director We regret staff was unable to attend the scoping meeting for the above project on March 26, 1998. However, Debbie Bevin met with Dennis Pipkin of the North Carolina Department of Transportation (NCDOT) on April 1 5, 1 998, to discuss the project and view the project photographs and aerial. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms of historic architectural resources, we are aware of no historic structures located within the area of potential effect. We recommend that no historic architectural survey be conducted for this project. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our comments. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. 109 East Jones Street • Raleigh, North Carolina 27601-2807 ??? Nicholas L. Graf 4/22/98, Page 2 Thank you for your cooperation and consideration. If concerning the above comment, please contact Renee review coordinator, at 919/733-4763. Sincerely, ?J David Brook Deputy State Historic Preservation Officer DB:slw cc: H. F. Vick B. Church T. Padgett you have questions Gledhill- Earley, environmental v STA7{ K 4 V? •? Pun ?' STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 January 14, 1998 MEMORANDUM TO: FROM: Wayne Elliott, P.E., Unit Head Bridge Replacement Unit E. NoR is TOLSON SECRETARY Chris Rivenbark, Natural Systems Specialist Ov- Natural Systems Unit SUBJECT: Natural Resources Technical Report for the proposed replacement of Bridge No. 56 on SR 1751 over Byrd's Creek in Caswell County. Federal Aid Project No. MABRZ-1751(2), State Project No. 8.2481201, TIP No. B-3319. ATTENTION: Dennis Pipkin, P.E., Project Planning Engineer Bridge Replacement Unit The attached Natural Resources Technical Report (NRTR) provides inventories and descriptions of natural resources within the project area to assist in preparation of a Categorical Exclusion. Estimations of impacts likely to occur to these resources as a result of project construction are provided as well. If you have any questions please feel free to contact me at 733-9513 CC' Phil Harris, P.E., Unit Head, Natural Systems Unit File: B-3319 Replacement of Bridge No. 56 on SR 1751 over Byrd's Creek in Caswell County Natural Resources Technical Report T.I.P. No. B-3319 State Project No. 8.2481201 F.A. Project No. MABRZ-1751(2) North Carolina Department of Transportation Division of Highways Project Development and Environmental Analysis Branch Natural Systems Unit Chris Rivenbark, Natural Systems Specialist January 14, 1998 TABLE OF CONTENTS 1.0 INTRODUCTION ...................................................................................................... 1 1.1 PROJECT DESCRIPTION ............................................................................................... 1 1.2 PURPOSE ................................................................................................................... 1.3 TERMINOLOGY AND DEFINITIONS .................................................................................. 1 1.4 METHODOLOGY .......................................................................................................... 1 2.0 PHYSICAL RESOURCES ........................................................................................ 2 2.1 WATER RESOURCES ................................................................................................... 2.2 SOILS AND TOPOGRAPHY ............................................................................................. 3 3.0 BIOTIC RESOURCES .............................................................................................. 3 3.1 TERRESTRIAL COMMUNITIES ........................................................................................ 4 3.2 SUMMARY OF ANTICIPATED IMPACTS ............................................................................ 4 3 .2.1 Anticipated Impacts to Terrestrial Communities ................................................. 5 3 .2.2 Anticipated Impacts to Water Resources ........................................................... 5 4.0 JURISDICTIONAL TOPICS ..................................................................................... 6 4.1 WATERS OF THE UNITED STATES ................................................................................. 6 4 .1.1 Permits ................................................................................................................ 6 4.2 FEDERALLY PROTECTED SPECIES ................................................................................ 7 4.3 FEDERAL SPECIES OF CONCERN AND STATE LISTED SPECIES ........................................ 8 5.0 REFERENCES ......................................................................................................... 9 LIS T OF TABLES TABLE 1. SOILS OCCURRING IN THE PROJECT STUDY AREA ................................................... 3 TABLE 2. ESTIMATED TERRESTRIAL IMPACTS TO COMMUNITIES ............................................. 5 TABLE 3. FEDERAL SPECIES OF CONCERN FOR CASWELL COUNTY ....................................... 8 1.0 INTRODUCTION The following Natural Resources Technical Report is submitted to assist in preparation of a Categorical Exclusion. 1.1 Project Description The proposed project calls for the replacement of bridge No. 56 over Byrd's Creek. Two 3.7 m X 3.1 m (12.0 ft X 10.0 ft) reinforced concrete box culverts will be used to cross the creek. The proposed right-of-way is 18.2 m (60 ft). Project length is approximately 61.0 m (200.0 ft). Traffic will be detoured during construction using other existing local roads. 1.2 Purpose The purpose of this document is to describe and inventory the natural resources identified within the project vicinity and estimate potential impacts to these resources. Recommendations are made for measures which will minimize resource impacts. These descriptions and estimates are relevant only in the context of existing design concepts. If preliminary design parameters change, an additional field investigation may be necessary. 1.3 Terminology and Definitions For the purposes of this document, the following terms are used concerning the limits of natural resources investigated. Project study area denotes the area bounded by the proposed right-of-way limits. Project vicinity describes an area extending 0.8 km (0.5 mi) on all sides of the project study area. Project region is equivalent to an area represented by a 7.5 minute USGS quadrangle map [163.3 sq km (61.8 sq mi)], with the project as the center point. 1.4 Methodology Prior to the site visit, published resource information pertaining to the project vicinity was gathered and reviewed. Information sources include; U.S. Geological Survey (USGS) quadrangle maps (Anderson), NCDOT aerial photographs of project study area (1:1200), Fish and Wildlife Service (USFWS) list of protected species and N.C. Natural Heritage Program (NCNHP) database of uncommon and protected species and unique habitats. A field survey for the project was conducted on November 12,1998 by NCDOT Natural Systems Specialists Chris Rivenbark, Logan Williams, and Tim Savidge. Plant communities were identified and recorded. Wildlife was identified using a number of observation techniques, including habitat evaluation, active searching and recording identifying signs of wildlife (sounds, tracks and burrows). 1 2.0 PHYSICAL RESOURCES Water and soil resources, which occur in the study area, are discussed below. The availability of water and soils directly influence composition and distribution of flora and fauna in any biotic community. 2.1 Water Resources Field surveys revealed that one surface water is located within the project study area. The Division of Water Quality (DWQ) has assigned index numbers for streams and tributaries in North Carolina. One perennial stream in the Roanoke River Basin, Byrd's Creek [DWQ Index No. 22-56-7-3-(1) is crossed by SR 1751. This stream carries a Best Usage Classification of Class C. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. At the time of the field visit, Byrd's Creek had no water in the channel. Isolated puddles approximately 5.1 cm (2.0 in) deep were scattered in the stream bed. The average channel width was approximately 6.1 m (20 ft). The substrate consisted of sand, silt, cobble, and boulder. Point sources refers to discharges that enter surface water through a pipe, ditch, or other defined points of discharge. The term most commonly refers to discharges associated with wastewater treatment plants. Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. Any discharger is required to register for a permit. There are no permitted dischargers located within1.6 km (1.0 mi) upstream of the project study area. Non-point source refers to runoff that enters surface waters through stormwater flow or no defined point of discharge. There are many types of land use activities that can serve as sources of nonpoint source pollution including land development, construction, crop production, animal feeding lots, failing septic systems, landfills, roads, and parking lots. Sediment and nutrients are major pollution-causing substances associated with nonpoint source pollution. Others include fecal coliform bacteria, heavy metals, oil and grease, and any other substance that may be washed off the ground or removed from the atmosphere and carried into surface waters The DWQ has initiated a whole basin approach to water quality management for the 17 river basins within the state. To accomplish this goal the DWQ collects biological, chemical and physical data that can be used in basinwide assessment and planning. All basins are reassessed every five years. Prior to the implementation of the basinwide approach to water quality management, the Benthic Macroinvertebrate Ambient Network (managed by the DWQ) assessed water quality by sampling for benthic macroinvertebrate organisms at fixed monitoring sites throughout the state. 2 The Benthic Macroinvertebrate Ambient Network (BMAN) is managed by DWQ and is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program assesses water quality by sampling for selected benthic macroinvertebrate organisms at fixed monitoring sites. Some macroinvertebrates are sensitive to very subtle changes in water quality; thus, the species richness and overall biomass of these organisms are reflections of water quality. There are no BMAN sites within the project vicinity. 2.2 Soils and Topography A Natural Resource Conservation Service Soil Survey has not been completed for Caswell County. A general description of the soils that are present in the project study area was provided by the Caswell County Soil Conservation Office. Both Enon and Mecklenburg soils found within the project form on broad and narrow ridges and side slopes. Table 1. Soils occurring in the project study area. Map Unit Mapping Unit Permeability Slope (%) Drainage Hydric Symbol Class EnB Enon slowly 2-8 well non-hydric permeable drained MkB Mecklenburg slowly 2-8 well non-hydric permeable drained Caswell County is located in the uppermost center of the Piedmont physiographic region of the state. The elevation at the project study area ranges from approximately 152.4 m-158.5 m (500.0-520.0 ft) above mean sea level. 3.0 BIOTIC RESOURCES This section describes the ecosystems encountered and the relationships between vegetative and faunal components within terrestrial, and aquatic ecosystems. Descriptions of the terrestrial systems are presented where applicable in the context of plant community classifications (Schafale and Weakley, 1990). Representative animal species which are likely to occur in these habitats are cited. Animals observed during the site visit are denoted by (*) in the text. Sightings of spoor evidence are equated with sightings of individuals. Scientific nomenclature and common names (when applicable) are used for plant and animal species described. Subsequent references to the same organism will include the common name only. 3 3.1 Terrestrial Communities Two terrestrial communities, maintained roadside and piedmont alluvial forest, exist within the project study area, and will be impacted by the subject project. The maintained roadside community consists of the highly maintained shoulders and some less intensively managed areas that grade into the surrounding natural communities. Significant soil disturbance and compaction, along with frequent mowing or herbicide application, keep this community in an early successional state. Dominant plants in the heavily maintained portions of the roadside community include fescue (Festuca sp.), and plantain (Plantago sp.). In the areas which receive lower levels of maintenance, more diverse communities can develop. This community was populated by ebony spleen wort (Asplenium platyneuron), yellow jessamine (Gelsemium sempervirens), panic grass (Panicum scoparium), and greenbrier (Smilax spp.). The piedmont alluvial forest community included herb and vine species such as Japanese honeysuckle (Lonicera japonica), goldenrod (Solidago altissima), Japanese grass (Microstegium virmineum), rabbit tobacco (Gnaphalium obtusifolium), and Christmas fern (Polystichum acrostichoides). Trees found in this area include tulip poplar (Liriodendron tulipifera), ironwood (Carpinus caroliniana), river birch (Betula nigra), tag alder (Alnus serrulata), black gum (Nyssa sylvatica), dogwood (Cornus florida), and sweet gum (Liriodendron tulipifera). Wildlife found in these communities are limited and consists primarily of wide-ranging, adaptable species which are well suited to coexistence with human development. Mammals common to disturbed edge areas, such as eastern cottontail rabbit (Sylvilagus floridanus), raccoon (Procyon lotor), white-tailed deer (Odocoileus virginianus), and gray squirrel (Sciurus carolinensis) may inhabit forested fringes. The most common reptiles found in such habitats are eastern box turtle (Terrapene carolina), predators such as black racer (Coluber constrictor), and eastern garter snake (Thamnophis sirtalis). . Birds likely to frequent such habitats include common crow (Corvus brachyrhynchos), American robin (Turdus migratorius), mourning dove (Zenaida macroura), and European starling (Sturnus vulgaris). Freshwater fishes likely to be found in creeks such as Byrd's Creek may include bluehead chub (Hybopsis leptocephala), cresent shiner (Notopis cerasinus), and creek chub (Semotilus atromaculatus). 3.2 Summary of Anticipated Impacts Construction of the proposed project will have various impacts on the biotic resources described. This section quantifies and qualifies potential impacts to the natural communities within the project study area in terms of the area impacted and the 4 organisms affected. Temporary versus permanent impacts are considered as well, along with recommendations to minimize or eliminate impacts. 3.2.1 Anticipated Impacts to Terrestrial Communities Impacts to terrestrial communities will result from project construction due to the clearing and paving of portions of the project study area, and thus the loss of community area. Calculated quantitative impacts to terrestrial communities reflect the relative abundance of each community present in the study area (Table 2). Estimated impacts are derived based on the project length of 61 m (200 ft.). The entire right-of- way 18.3 m (60 ft) was used for this calculation. The entire right-of-way will probably not be impacted, therefore actual impacts to the communities may be considerably less. Table 2. Estimated terrestrial impacts to communities. Community type Estimated impacts Maintained roadside 0.09 ha 0.24 ac Piedmont alluvial forest 0.02 ha 0.04 ac Total 0.11 ha (0.28 ac) Flora and fauna occurring in these communities are generally common throughout North Carolina because of their adaptability to wide ranging environmental factors. Moreover, a similar roadside shoulder community will be re-established after construction. Animals temporarily displaced by construction activities should repopulate areas suitable for the species following project completion. As a result, it is unlikely that existing species will be displaced significantly from the project study area following construction. However, to minimize the temporary effects of project construction, all cleared areas along the roadways should be revegetated promptly after project completion to minimize erosion and the loss of wildlife habitat. 3.2.2 Anticipated Impacts to Water Resources No waters classified as High Quality Waters (HQW), Outstanding Resource Waters (ORW), or Water Supplies (WS-I or WS-II) occur within 1.6 km (1.0 mi) of project study area, however impacts will occur to Byrd's Creek. Estimated impacts to Byrd's Creek will be approximately 0.01 ha (0.03 ac). Impacts are calculated by using the width of the stream channel [6.1 m (20 ft)] and the entire right-of-way 18.3 m (60 ft). The entire right-of-way will probably not be impacted, therefore actual impacts to the stream may be considerably less. Aquatic communities are sensitive to any changes in the environment. Any action that affects water quality can have an adverse impact on aquatic organisms. Although most of the disturbance caused by project construction will be temporary, some environmental impacts caused by the proposed project will be long term or 5 irreversible. Installation or modification of instream structures, such as replacement or extension of culverts, can permanently affect many physical stream parameters. Project construction may result in the following impacts to surface waters: - Increased silt loading and sedimentation from erosion of disturbed soils. - Changes in light incidence, water clarity and water temperature due to increased sediment load and riparian vegetation removal. - Alteration of stream discharge due to silt loading and changes in surface or ground water drainage patterns. - Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles. Precautions must be taken to minimize these and other impacts to water resources in the study area. NCDOT's Best Management Practices (BMP) for the Protection of Surface Waters must be strictly enforced throughout the construction stage of the project. 4.0 JURISDICTIONAL TOPICS This section provides inventories and impact analyses pertinent to two significant regulatory issues: Waters of the United States and rare and protected species. These issues retain particular significance because of federal and state mandates which regulate their protection. This section deals specifically with the impact analyses required to satisfy regulatory authority prior to project construction. 4.1 Waters of the United States Surface waters and wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Register (CRF) Part 328.3. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). Surface waters are waters used in interstate or foreign commerce, waters subject to the ebb and flow of tides, all interstate waters including interstate wetlands, and all other waters such as intrastate lakes, rivers, and streams. Surface waters include all standing or flowing waters which have commercial or recreational value to the public. 4.1.1 Permits Impacts to jurisdictional surface waters are anticipated from the proposed project. As a result, construction activities will require permits and certifications from various regulatory agencies in charge of protecting the water quality of public waters resources. 6 A Nationwide Permit 23 CFR 330 Appendix A (B) (23) is likely to be applicable for the crossing of Laurel Creek. This permit authorizes construction provided the following conditions are met: • the width of the fill is limited to the minimum necessary for the actual crossing; • the fill place in Waters of the United States is limited to a filled area of no more than 0.45 ha (1.0 ac); • no more than a total of 45.7 m (150 linear ft) of the fill for the roadway can occur in special aquatic sites, including wetlands; • the crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected high flows and tidal flows and movement of aquatic organisms, and; • the crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of Waters of the United States. This project will also require a 401 Water Quality Certification from the DWQ prior to the issuance of the Nationwide Permit. Section 401 of the Clean Water Act requires that the state issue or deny water certification for any federally permitted or licensed activity that may result in a discharge to Waters of the United States. Section 401 Certification allows surface waters to be temporarily impacted for the duration of the construction or other land manipulation. The issuance of a 401 permit from the DWQ is a prerequisite to issuance of a Section 404 permit. 4.2 Federally Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human activities. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally protected, be subject to review by the U.S. Fish and Wildlife Service (FWS). Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. An endangered species is considered to be a species that is in danger of becoming extinct throughout all or a significant portion of its range. A threatened species is considered to be a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. As of 14 May 1998, the U.S. Fish and Wildlife Service (FWS) does not list any federally protected species for Caswell County. Therefore, this project will not impact any federally protected species. 7 4.3 Federal Species of Concern and State Listed Species There are two Federal Species of Concern (FSC) listed for Caswell County. Federal Species of Concern are not afforded federal protection under the ESA and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Federal Species of Concern are defined as those species which may or may not be listed in the future. These species were formally candidate species, or species under consideration for listing for which there was insufficient information to support a listing of Endangered, Threatened, Proposed Endangered and Proposed Threatened. Organisms which are listed as Endangered (E), Threatened (T), Significantly Rare (SR) or Special Concern (SC) by the North Carolina Natural Heritage Program (NCNHP) list of rare plant and animal species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. However the level of protection given to state listed species does not apply to NCDOT activities. Table 3 lists Federal Species of Concern and State listed species, the species state status and the existence of suitable habitat for each species in the study area. This species list is provided for information purposes as the status of these species may be upgraded in the future. TahlP 3 Federal Species of Concern for Caswell Countv. Scientific Name Common Name Habitat status Isoetes virginica Virginia quillwort No C Lotus helleri Heller's trefoil Yes C Note: "C" denotes Candidate (a species which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction. If these species are relocated in the state, or if present land use trends continue, they are likely to be listed as Endangered or Threatened). Surveys for these species were not conducted during the site visit. A review of the N.C. Natural Heritage Program database of the rare species and unique habitats on January 12, 1999 did not reveal any records of North Carolina rare and/or protected species in or near the project study area. 8 5.0 REFERENCES Amoroso, J.L. 1997. Natural Heritage Program list of the rare plant species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Fish, F.F. 1969. A Catalog of the Inland Fishing Waters of North Carolina. North Carolina Wildlife Resources Commission. The Graphic Press, Inc. LeGrand, Jr., H.E. and S.P. Hall. 1997. Natural Heritage Program list of the rare animal species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. Chapel Hill, The University of North Carolina Press. Pennak, R.W. 1989. Fresh-water Invertebrates of the United States, 3rd ed. John Wiley and Sons, Inc. Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. Chapel Hill, The University of North Carolina Press. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. Chapel Hill, The University of North Carolina Press. Rohde, F.C., R.G. Arndt, D.G. Lindquist, and J.F. Parnell. 1994. Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware. The University of North Carolina Press, Chapel Hill and London. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina. Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. U.S. Fish and Wildlife Service. 1997. Endangered, Threatened, and Candidate Species and Federal Species of Concern in North Carolina Webster, W.D., J.F. Parnell and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. Chapel Hill, The University of North Carolina Press. Chapel Hill and London. 9 IF INCORRECT RETURN TO Warrant NO. 1347652 NC DEPARTMENT OF TRANSPORTATION Date 09-26-2002 RALEIGH. NC 27699-1515 43381 0682 003 INVOICE NUMBER INVOICE DATE PURCHASE ORD OR CONTRACT INVOICE AMOUNT (-) DISCOUNT (+) FREIGHT NET AMOUNT I 09-24-2002 475.00 475.00 3.0 la ' ?p