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HomeMy WebLinkAbout20020649 Ver 1_Complete File_20020426State of North Carolina Department of Environment and Natural Resources Division of Water Quality Q?? Michael F. Easley, Governor NC ENR William G. Ross, Jr., Secretary. NORTH CAROLINA DEPARTMENT OF Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES DWQ Project No.: Applicant: Project Name: .Q County: (,, A? e- 305 -9- Date of Issuance of 401 Water Quality Certification: --hot 0 Z Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, UN N CLAre- , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and s ecifications, and other supporting materials. Signature: Date: Zip Z?40 Agent's Certifi ation 1, , hereby state that, to the best of my abilities,'due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification T Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules. the approved plans and specifications, and other supporting materials. Signature Date 0zn&gq AJc.tl OT Registration No. Wetlands1401 Unit 1621 Mail Service Center Raleigh. North Carolina 27699-1 62 1 Telephone 919-733-1786 , FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper BRIDGE PROJECT SCOPING SHEET TIP PROJECT B-3057 DIVISION: Five F. A. PROJECT: BRZ - 2226 (1 COUNTY: Wake STATE PROJECT: 8.2405001 ROUTE: SR 2226 DESCRIPTION: Replacement of Bridge No. 480 on SR 2226 over Powell Creek PROJECT PURPOSE: Replace obsolete bridge PROJECT U.S.G.S. QUAD SHEET(S): Rolesville Quad . 1 ROADWAY CLASSIFICATION: Rural Local Route TIP CONSTRUCTION COST .......................................................................... $ 200,000 TIP RIGHT OF WAY COST .......................................................................... $ 20,000 PRIOR YEARS COST ...................................................................................... $ 40,000 TIP TOTAL COST ........................................................................................... $ 260,000 TRAFFIC: CURRENT 1300 VPD; DESIGN YEAR (2025) 2900 VPD TTST 1 % DUAL 2 % EXISTING ROADWAY TYPICAL SECTION: Two lane shoulder section, 19 foot pavement, grassed shoulders EXISTING STPUCTURE: LENGTH 15.5 METERS WIDTH 8.0 METERS 51.0 FEET 26.0 FEET COMMENTS: " 51 \ `. \ ' 923 ?• _ 2306 i . \ _• ._.._..--. 2305 / - o 401 i , d t? - 2226 1003 i ? i 401 i !. !,\ 230 _..; = Cr. ' se v' . f Bridge No. 480 ` 2049 ,e• 2224 _ - - -•----- i ?• L _ '.-? ,• - - ' •? 2230 :, ? ••? ' `. `. 2318 " i i 2227 l.• 2320 100 d 1- 2929 :.. , A _..? 2215 ....... i ...... c N? ' V e VS-e- ff? North Carolina Department of Transportation Division of Highways Planning & Environmental Branch Wake County Replace Bridge No. 480 on SR 2226 Over Powell Creek B-3057 Figure 1 'WaZiceh';'`Cis /? => \ • I i S `? r O \ /( >11 lic C3 / Q •/ i ?/ 1 \ J 300 ross?i o I n\ r\ iE04.0-CA1 Y?/avl ?. w.°? M ?I,MC-^-1Y4t 72500°'^ E. )AD CLASSIFICATION 1 RoIes\ Water .3 \•? .? Win, ~I\\..?1\J?\\?\??r IJI• i,•\-4P? "'•- /7 tt _ It. ?? - /? .?--, \/,?? t •? 389 ?_r????rf ?\ ?' /?: j ?? n r : .C=. ;??\\ 150 ? ??- `? ? V ?/j Jf`11?r ? ? ??c -: _? f. -3 - i \ a= , a I I ? t: _ ? ??_" °. :'mi'l ?/' f / / o/ ? • ? ???? ;',? `\?_r ??\?`, . u;? ?` . 40 o `' ??` \`' f _ ?• l III'. OZW -Ij rl- 221 224 - -0 -Ce 7 '? .J ?•,\\ .? of 'i ?' `.?? 222 ?;- .h Wa7ce rossrood? k??-? 78 ° 30` 726 2 150 000 FEET 727 728 729 Mapped, edited, and published by the Geological Survey Control by USGS and USC&GS MN ! Topography by ohot02rammetric methods from aerial ohotograohs I ,.a v f •a o D p 0 4 o o c? I a d o TV Q Q o ? a d ? a O 19 O o 0 0 0 0 4 0 o p D D o •a o 0 a D t i a CA 0 D a 0 O • a D O p ?o Q o ' p o e o e 0 Q Q Q 4 g 0 O Q 4 0 4, o o o D o O 1 . O Q D a ? 0 D 4 v 0 0 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director 11k1:?W,J NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 10, 2002 Wake County DWQ Project No. 020649 APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Mr. William D. Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Dear Mr. Gilmore: You have our approval, as described in your application dated April 5, 2002, and in accordance with the attached conditions and those listed below, to place permanent fill material in 0.001 acres of wetlands, temporary fill in 0.03 acres of wetlands and streams, 2734 square feet of protected riparian buffers in Zone 1, and 1986 square feet of protected riparian buffers in Zone 2. The project's purpose is the replacement of Bridge Number 480 on SR 2226 over Powell Creek in Wake County. The project shall be constructed in accordance with your application dated April 5, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3361. Certification 3361 corresponds to Nationwide Permit Number 23 issued by the Corps of Engineers. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). 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 when the accompanying 404 permit expires unless otherwise specified in the General Certification. 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 total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). ). This approval shall expire with the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers. 2. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/] 0% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director MEMO NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 3. All impacts to protected buffers will be restored to preconstruction contours and revegetated with native riparian species. 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, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This 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 contact John Hennessy at 919-733-5694. Sincerely, Gregory J. Thorpe, Ph.D. Acting Director Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office DWQ Raleigh Regional Office File Copy Central Files c:\ncdot\TIP B-3057\wgc\020649h1d.doc Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper STATE OF NORTH CAROLINA DEPARTWNT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY April 5, 2002 US Army Corps of Engineers Regulatory Field Office 6508 Falls of Neuse Road, Suite 120 Raleigh, NC 27615-6814 ATTENTION: Mr. Eric Alsmeyer NCDOT Coordinator ? t APR 02®649 Dear Sir: Subject: Nationwide 23 and 33 Permit Application for the Replacement of Bridge No. 480 on SR 2226 over Powell Creek, Wake County, NCDOT Division 5, Federal Aid Project No. BRZ-2226(1), State Project No. 8.2405001, TIP Project No. B-3057. Please find enclosed three copies of the project planning report along with copies of the Natural Resources Technical Report (NRTR), the Pre-construction Notification (PCN), and permit drawings for the above referenced project. Replacement of Bridge No. 480 will be on the existing alignment with a bridge approximately 98 feet in length and 42 feet in width. During construction, traffic will be detoured on surrounding roads. Mechanized Clearing will be by Method II. Wetland Impacts: Wetland impacts will be minimal. Permanent fill will be placed in 0.0007 acre of wetland in the southwest quadrant of the project area. Temporary fill comprising 0.0001 acre will occur in the northeast quadrant. Temporary Causeway Information: A temporary rock causeway will be located along the northern edge of the stream channel and will be utilized during construction. The causeway will facilitate the placement of a single span cored slab bridge. The causeway will consist of Class II riprap. The resulting temporary fill associated with the causeway is approximately 0.03 acre. Restoration Plan: The material used as temporary fill in the construction of the causeway will be removed after their purpose has been served. The temporary fill area will be restored to its original contours. Elevations and contours .in the vicinity are available from field survey notes. Schedule: The project schedule calls for an August 20, 2002 let date with an availability date of October 8, 2002. It is expected that the contractor will choose to start construction of the causeway shortly after the availability date. The causeway will be removed within 90 days of project completion. Disposal: After the causeway is no longer needed, the contractor will use excavating equipment to remove the riprap used in the causeway. All causeway material will become the property of the contractor. The contractor will be required to submit a reclamation plan for removal and disposal of all material off-site. Bridge Demolition: Bridge No. 480 is a two-lane bridge with a 25.9-foot deck and 19- foot approach. The bridge consists of a timber deck with a bituminous wearing surface on steel I-beams supported by timber caps and piles. The bridge and substructure will be removed without dropping components into Waters of the United States. During construction, Best Management Practices for Bridge Demolition and Removal will be ._ followed. This project is located in the Neuse River Basin; therefore the regulations pertaining to the Neuse River Buffer Rules will apply. There are 0.06 acre (2733.6 ft2) of allowable impacts within Zone 1 and 0.04 acre (1986 ft2) of allowable impacts within Zone 2 (see permit buffer drawings sheet 7 of 7). It is anticipated that the construction of the causeway will be authorized under Section 404 Nationwide Permit 33 (Temporary Construction Access and Dewatering). Therefore, we are requesting the issuance of a Nationwide Permit 33 authorizing construction of the causeway. All other aspects of this project are 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 23 in accordance with the Federal Register of March 9, 2000, Part VII, Vol. 65, No. 47, Pages 12817-12899. By copy of this letter, the appropriate 401 Water Quality Certification is requested from the North Carolina Division of Water Quality. In addition to the Water Quality Certification, a letter of authorization from the DWQ will be required under Section 15A NCAC ?B .0233 (7) (b) of the Neuse River Buffer Rules. If you have any questions or need additional information, please contact Ms. Lynn Smith at (919) 733-7844, ext. 286. Sincerely, William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch Cc: w/ attachment: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. Tom McCartney, USFWS, Raleigh Mr. David Cox, NCWRC, Raleigh Mr. Burt Tasaico, P.E., NCDOT Program Development, Raleigh Ms. Debbie Barbour, P.E., NCDOT Highway Design, Raleigh Mr. John Alford, P.E., NCDOT Roadway Design, Raleigh Mr. Tim Roundtree, P.E., NCDOT Structure Design, Raleigh Mr. Dave Henderson, P.E., NCDOT Hydraulics, Raleigh Ms. Robin Young, P.E., NCDOT PD&EA, Raleigh Mr. Jon G. Nance, P.E., NCDOT Division 5 Engineer, Durham , Mr. Chris Murray, NCDOT Division 5 Environmental Officer, Durham If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A rather than leaving the space blank. L 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 Nationwide 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: II. Applicant Information 1. Owner/Applicant Information Name: North Carolina Department Of Transportation/Project Development & Environmental Analysis Mailing Address: 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: N/A Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 3 of 12 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: Bridge No. 480, on SR 2226 Over Powell Creek, Wake County 2. T.I.P. Project Number (NCDOT Only): B-3057 3. Property Identification Number (Tax PIN): N/A 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Bridge No. 480 is located on SR 2226 ( Jonesville Road) southwest of NC 401 and north of SR 2224 (Mitchell Mill Road) in Wake County. 5.. Site coordinates, if available (UTM or Lat/Long): 035° 53' 6.41" N, 078° 28' 42.45"W Rolesville Quadrangle. (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: Highway corridor consisting of a bridge and maintained road shoulders. 7. Property size (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): Powell Creek (Harris Creek on the USGS Quad) 9. River Basin: Neuse Page 4 of 12 (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/.) 10. Describe the purpose of the proposed work: Bridge replacement 11. List the type of equipment to be used to construct the project: Mechanical highway construction equipment 12. Describe the land use in the vicinity of this project: Mesic Mixed Hardwood Forest, maintained/disturbed, and riverine marsh. 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, an? 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 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 Page 5 of 12 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*** 1 Permanent Fill 0.0007 Yes 175 feet Riverine marsh 1 Temporary Fill 0.0001 Yes 10 feet Riverine marsh List each impact separately ana wenttry temporary impacts. impacts 111G1uuc, UUL WE; UUL 111111LGLL LV. 11Ml I LLL- anL.LUa..b, 5. ..5 . ...., 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: 0.1 ac Total area of wetland impact proposed: Permanent impact of 0.0007 acre and Temporary impact of 0.0001 acre. 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Stream Name* * Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 Temporary Fill 0.03 Powell Creek 25 feet Perennial List eacn impact separately ana iaentlry Lenlpurary 1111paL;LJ. 1111p"LJ 111L;1ULLO, UUL 0.16 11VL 111LL -U LV. aua rLaw --v.u.......1....y, 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. USGS 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.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 60 linear feet due to temporary causeway 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.) List each impact separately ana iaenury temporary impacts. impacts tncruue, our are nor r,mrreu ru: 1111, cxr:avauU,i, uiougui8, 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.): N/A 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. Bridize No. 480 will be replaced with a new bridge at the same location. Surface water impacts are restricted to those associated with the construction of a temporary work causeway, totaling 0.03 acres. Once construction of Bridge No. 480 is completed, the temporary fill will be removed and the area will be restored to original grade. Permanent and temporary wetland impacts are limited to permanent fill impacts of 0.0007 acre and temporary fill impacts of 0.0001 acre. Page 7 of 12 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/ncwetlands/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 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): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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 ® 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 ® No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) respnibility 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 XII 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. 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 Page 9 of 12 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 (square feet) Multiplier Required Mitigation 1 2733.6 N/A 2 1986.0 N/A Total 4719.6 N/A Gone t extends out su reet perpenaicuiar from near oanK ui cnwinciI f.unc c cnLcllub 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 213 .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. Stormwater run-off will be directed into grass swales and scour holes and allowed to filter across the buffer zones. 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? Yes E No Is this an after-the-fact permit application? Yes No Page 10 of 12 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 /G. C 44 Applicant/Agent's Si nature D to (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange . Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975.1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890. Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Page ;11 of 12 -i???lcr ktV.-?ko New ? aP) i I I i m? 10 u, 401 2046 .m 2224 VVake dsa r :X7 > ?22 22: 401 _ m? ? 2226 ' e. l a ISlackle Lak ?;- f e 1K ? ? YI as ? 2225 HartsNed Dr. SITE > 3 . .% i,P am% ,'Tt i+ _ 2966 _ mfi? m.: mill. V l 222; ??'o n .R . J ' M!! Mill 2224 2470 if NOT TO SCALE N. C. DEPT.OF TRANSPORTATION DIVISION OF HIGHWAYS L ®C A 11 I®1 V WARE COUNTY PROJECT: 8.2405001 (B-3057) PROPOSED BRIDGE REPLACEMENT MAPS BRO. NO. -480 ON SR 2226 OVER POWELL CREEK -02 SHEET 2 OF 7 01-02 \L- J Cal ?•` r r V' !b NX4,- "Ito. if i ® DENOTES TEMPORARY FILL IN SURFACE ROOTWAO WATER • DENOTES MECHANIZED .".'.". CLEARING -? FLOW DIRECTION RIP RAP -TB TOP OF BANK W ADJACENT PROPERTY OWNER E EDGE OF WATER - 5 OR PARCEL NUMBER IF AVAILABLE _C- - PROP. LIMIT OF CUT E PREFORMED SCOUR HOLE - - -F - PROP. LIMIT OF FILL --- PROP. RIGHT OF WAY k ? R i F ? (LS) LEVEL SPREADE - - NG- - NATURAL GROUND - -PL - PROPERTY LINE DITCH / GRASS SWALE - TDE - TEMP. DRAINAGE EASEMENT -POE-- PERMANENT DRAINAGE EASEMENT T-EAB- EXIST. ENDANGERED ANIMAL BOUNDARY - kPB- EXIST. ENDANGERED PLANT BOUNDARY WATER SURFACE xX X )l x LIVE STAKES NCDO Jl BOULDER C2D DIVISION OF HIGHWAYS CORE FIBER ROLLS WAKE COUNTY PROJECT: &2405001 (B-3057) PROPOSED BRIDGE REPLACEMENT BRG. 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O ` O ~ .J O J 1 `4 ? E f- F- ti LO ° v ° LO to J .2 ci Q fn Z D _ _ Ac,, }fir Lad ge III a i 401 ; 12226 Slackle ` m 401 gas CAL 222s r'' HartsNed Dr. J? SITE } < :2803 _ c 2224 -cb ` i-m Wakei ds 2986 2226 `Of 3 ,? hell f ,, . I' - C9 u 1 2224 O ? Y '• , " ?z / . •AR?, ' ?' a Mill 2224 - - 'ww NIM sY1' ?\ 1 22T - / - - ,,\ 2230 7 J NOT TO SCALE \ N E U S E RIVER BUFFER N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS L ® C A T 10 N WAKE COUNTY PROJECT: 8.2405001 (B-3057). MAPS PROPOSED BRIDGE REPLACEMENT BRG. NO..480 ON SR 2226 OVER POWELL CREEK 01 SHEET 2 OF 7 -02-02 00 ), v ? Y,-j, 300, rte- -? r U t BUFFER LEGEND -WLB WETLAND BOUNDARY PROPOSED BRIDGE L WETLAND L PROPOSED BOX CULVERT YYXY?, ALLOWABLE IMPACTS ZONE1 PROPOSED PIPE CULVERT 12'-48' (DASHED LINES DENOTE PIPES ALLOWABLE IMPACTS ZONE 2 EXISTNG STRUCTURES) 54' PIPES & ABOVE SINGLE TREE MITIGABLE IMPACTS` ZONE i ® MITIGABLE IMPACTS ZONE 2 .. _ ., .. WOODS LINE -BZ - RIPARIAN BUFFER ZONE DRAINAGE INLET -BZi - RIPARIAN BUFFER ZONE 1 ROOTWAD 30 f t (9.2m) -BZ2- RIPARIAN BUFFER ZONE -2 RIP RAP 20 ft (6.1m) -? -? FLOW DIRECTION ADJACENT'PROPERTY OWNER B 5 OR PARCEL NUMBER ? TOP OF BANK IF AVAILABLE WE EDGE OF WATER - -C - PROP. LIMIT OF CUT D PREFORMED SCOUR HOLE (PSH) - -F - PROP. LIMIT OF FILL --AML- PROP. RIGHT OF WAY LEVEL SPREADER (LS) - - NG- - NATURAL GROUND - -'PL - PROPERTY LINE ? GRASS SWALE -TDE- TEMP. DRAINAGE I -- EASEMENT - EAR- EXIST. ENDANGERED \ ANIMAL BOUNDARY - EPB- EXIST. ENDANGERED PLANT BOUNDARY WATER SURFACE N. C. DEPT. OF TRANSPORTATION x x x DIVISION OF HIGHWAYS x xX 'x `.LIVE STAKES WARE COUNTY O BOULDER PROJECT: 8.2405001 (B-3057) CORE FIBER ROLLS BRIDGE NO. 480 OVER POWELL CREEK ON SR 2226 SHEET 4 OF 7 01 / 02 / 02 jN? \ O Z O C\i 1 ;LLliiAm _ w IW clj 4o> .10 °N d i W M O / Qi M V O I ?, a F 0 a P v I o C7 o . 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N W N LL. .7 J V m a- W a c!) z 0 0. x ? t O J O J \ y LL `D ? n O N ? y m y W W ? co w ? a v !n N F- ti . 0206 4. CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. B-3057 State Project No. 8.2405001 Federal Project No. BRZ-2226(1) A. Project Description: This project proposes to replace Bridge No. 480 over Powell Creek on SR 2226. The bridge will be replaced with a 62-foot (18.9 m) single- span cored slab bridge in approximately the same location and roadway elevation as the existing briJ e. The cross section of the new bridge includes two 12-foot (3.6-m) Panes with 3-foot (1-m) offsets. Approach work consists of resurfacing and tying in to the existing alignment. Guardrail will be installed where warranted. The total project length will be 0.145 miles (0.23 km). Traffic will be detoured along surrounding roads during construction. B. Purpose and Need: Bridge No. 480 has a sufficiency rating of 50.1 out of a possible 100. The deck and superstructure of this 40-year old Bridge are in poor condition. Therefore, the bridge needs to be replaced. C. Proposed Improvements: The following Type II improvements which apply to the project are circled: 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitatin , and Reconstructing pavement (3R and 4R improvementsf 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 gg 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 re pinment 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 O3 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, ender systems, and minor structural improvements O 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 ade uate capacity to handle anticipated bus and support vehicle tra Flic. 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 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 protects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. D. Special Project Information: Estimated Costs: Total Construction $ 474,000 Right of Way l $ 35,000 000 509 Tota , Estimated Traffic: Current - 1300 vpd Year 2025 - 2900 vpd TTST - 1 % Dual - 2% Proposed Typical Cross Section: The approach roadway cross section will include two 12-ft (3.6-m). lanes with 8-ft (2.4-m) grassed shoulders. Design Speed: 60 mph (96 km/h) Functional Classification: Rural Local Route Division Office Comments: The Division concurs with the recommendation of closing the road and detouring traffic along surrounding roads during construction. 3 Bridge Demolition: Bridge No. 480 is composed completely of timber and steel. Therefore, the bridge will be removed without dropping any of its components into Waters of the United States during construction. 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 habitat where federally listed endangered or threatened species may occur? ?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) of an acre and have all practicable measures to avoid and minimize wetland takings been ? evaluated? X (5) Will the project require the use of U. S. Forest Service lands? X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? ? X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? ? X. PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the F roject sig?uficantly affect the coastal zone and/or any ? Area of Environmental Concern" (AEC)? X 4 e (11) Does theroject involve Coastal Barrier Resources Act resources. X (12) Will a U. S. Coast Guard permit be required? ? X (13) Will the project result in the modification of any existing regulatory floodway? X (14) Will the roject 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 roject require the relocation of any family or b i X us ness. (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population? X (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? X (19) Will the project involve any changes in access control? ? 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 5 (25) If the project is a bride replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the bridge replacement project be ? contained on the existing facility? X (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? 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 important to history or pre-history? X (30) Will the project require the use of Section 4?f) resources (public parks, recreation lands, wildlife an waterfowl refuges, historic sites, or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? 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 of 1965, as amended? X (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 System of Wild and ? Scenic Rivers? X F. (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached, as necessary.) Item 2 - Habitat for Michaux's sumac (Rhus michauxii) in the form of open, disturbed areas on sandy soils does occur within the project limits. . However, no plants were found during the field survey conducted on August 6,1999. Additionally, the N. C. Natural Heritage Program database of rare species and unique habitats has no record for the presence of Michaux's sumac within the project vicinity. Therefore, no impact to Michaux's sumac will result from project construction. 6 G. CE Approval TIP Project No. State Project No. Federal-Aid Project No. Project Description: B-3057 8.2405001 BRZ-2226(1) This project proposes to replace Bridge No. 480 over Powell Creek on SR 2226. The bridge will be replaced with a 62-foot (18.9 m) single- span cored slab bridge in approximately the same location and roadway elevation as the existing bridge. The cross section of the new bridge includes two 12-foot (3.6-m) lanes with 3-foot (1-m) offsets. Approach work consists of resurfacing and tying in to the existing alignment. Guardrail will be installed where warranted. The total project length will be 0.145 miles (0.23 km). Traffic will be detoured along surrounding roads during construction. Categorical Exclusion Action Classification: TYPE II(A) X TYPE II(B) Approved: 3 ??, r-2-oa , 4 ?,, Date Lubin V. Prevatt, P. E., Assistant Manager Project Development & Environmental Analysis Branch 2_ 29-0 0 Wa7 k e- &7/,'of Date Wayne Elliott, Project Development Unit Head Project Development & Environmental Analysis Branch 'C-20-00 _ ,'i Date Kafen Ofthner, Project Development Engineer Project Development & Environmental Analysis Branch For Type II(B) projects only: 3-M,.-aaw Date 7 Federal Highway Administration 9 Korth Carolina Department of Transportation Diviston of Highways f Planning & Environmental Branch Wake County Replace Bridge No. 480 on SR 2226 Over Powell Creek B-3457 Figure 1 - ?.._.. -- ---- - 2051 923 ?: _ - - ?'. 2306 $ ~ - • r - - _ , i' 2305 401 4 2226 1003 -?. .. LLL , i 401 230 Cr. ss t ; L:P Ne ??25 '' -• Bridge No. 480 ?``.. _ 2049 ?I . ? •` _--? ? 2230 ? ? ? •'? t ` ` `•, •, 2318 ;' 2227 - -'. 2320 100 ,o ?? - . 2929 - ` - - - r - ? - '•, - ` A .2 _ _ •? ;' 2215 - - -'- ' ' Studied Detour Route STATE T• North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary January 20, 1999 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge 480 on SR 2226 over Powell Creek, B- waict Lo. 3057, ER 99-7697 Dear Mr. Graf: Division of Archives and History Jeffrey J. Crow, Director On December 15, 1998, Debbie Bevin of our staff met with North Carolina Department of Transportation (NCDOT) staff for a meeting of the minds concerning the above project. We reported our available information on historic architectural and archaeological surveys and resources along with our recommendations. NCDOT provided project area photographs and aerial photographs at the meeting. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms of historic architectural resources, we are aware of no historic structures located within the area of potential effect. We recommend that no historic architectural survey be conducted for this project. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our comments. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. 109 East Jones Street • Raleigh, North Carolina 27601-2807 g?? Nicholas L. Graf January 20, 1999, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, A,016 David Brook Deputy State Historic Preservation Officer DB:slw cc: W. D. Gilmore B. Church T. Padgett. bc: File Brov&evin Claggett/Hall County RF s. dd SUlE ? 1?Rn^ ?Q gY1M ?? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY GOVERNOR SECRETARY February 10, 2000 MEMORANDUM TO: Wayne Elliott, P.E., Unit Head Bridge Replacement Unit FROM: LeiLani Paugh, Natural Systems Specialist Natural Systems Unit SUBJECT: Replacement of Bridge No. 480 on SR 2226 over Powell Creek in Wake County, TIP No. B-3057, State Project No. 8.2405001. Federal Aid No. BRZ-2226(1). ATTENTION: Karen Orthner, Project Engineer Bridge Replacement Unit This document addresses four issues pertinent to the development of a Programmatic Categorical Exclusion (PCE) for the proposed project: water resources, biotic resources, jurisdictional issues such as waters of the United States, and federally protected species. A complete ecological threshold checklist for a PCE is also attached. Project Description The proposed project calls for the replacement of Bridge No. 480 on SR 2226 over Powell Creek in Wake County. The existing structure is a two-lane bridge with a 25.9-foot deck and 19-foot approach. The proposed structure is a two-lane bridge with a 24-foot travelway and-3 -foot offsets on each side. The existing right-of-way is assumed to be ditch line to ditch line. The proposed right-of-way is approximately 243' m (80.0 ft). Project length is approximately 235 m (770.0 ft). The existing 50-foot bridge will be replaced with a 62-foot bridge at approximately the same location and roadway elevation. Traffic will be detoured along surrounding roads during construction. Methodology Research was conducted prior to field investigations. Information sources used in this pre-field investigation of the study area include: U.S. Geological Survey (USGS) 2 quadrangle map (Rolesville), U.S. Fish and Wildlife Service (FWS) National Wetland Inventory Map (Rolesville), Department of Agriculture (Soil Conservation Service) soil maps (Wake County), and NCDOT aerial photographs of project area (1:1200). Water resource information was obtained from publications of the Department of Environment, Health and Natural Resources (DEHNR, 1993). Information concerning the occurrence of federal and state protected species in the study area was gathered from the United States Fish and Wildlife Service (USFWS) list of protected species and species of concern (December 1999), and the NC Natural Heritage Program (NCNHP) database of rare species and unique habitats. General field surveys were conducted along the proposed alignment by NCDOT biologists LeiLani Paugh and Karen Lynch on August 6, 1999. Plant communities and their associated wildlife were identified and recorded. Wildlife identification involved using one or more of the following observation techniques: active searching and capture, visual observations (binoculars), and identifying characteristic signs of wildlife (sounds, scat, tracks and burrows). Mussels and other aquatic life were surveyed by LeiLani Paugh and Sue Brady on July 16, 1999 using tactile and visual techniques. Jurisdictional wetland determinations were performed utilizing delineation criteria prescribed in the "Corps of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987). Qualifications of Investigator Investigator: LeiLani Y. Paugh, Natural Systems Biologist Education: BS Fisheries and Wildlife Science, North Carolina State University. MS Natural Resource Mngt/ Hydrology, North Carolina State University. Experience: Biological Technician, Carolina Power & Light Company, Biological Assessment Unit, June 1995- July 1996. Biological Technician, Fish and Wildlife Associates, February 1996 - September 1996 Biologist, NCDOT PD&EA Branch, Natural Systems Unit, June 1998- present Expertise: Wetland hydrology Definitions . Definitions for areal descriptions used in this report are as follows: Project Study Area denotes the area bounded by proposed construction limits; Project Vicinity describes an area extending 0.8 km (0.5 mi) on all sides of the project study area; and Project Region is equivalent to an area represented by a 7.5 minute USGS quadrangle map with the project occupying the central position. (, 4W WATER RESOURCES This section contains information concerning those water resources likely to be impacted by the project. Water resource information encompasses physical aspects of the resource, its relationship to major water systems, Best Usage Standards and water quality conditions. Probable impacts to these water bodies are also discussed, as are means to minimize impacts. Waters Impacted and Characteristics Powell Creek (also known as Harris Creek) will be the only surface water resource directly impacted by the proposed project (Figure 2). Powell Creek is located in sub-basin 030402 of the Neuse River Basin. Powell Creek is a tributary of the Neuse River, approximately 5 miles downstream of Falls Lake Dam. Powell Creek, at Bridge No. 480, is approximately 9 in (30.0 ft) wide, with 4 - 5 ft steep banks, and areas of riprap along the banks. The substrate is composed of unconsolidated sandy material overlain with a mucky organic layer. The waters of Powell Creek varied from 2 ft to 6 ft deep within the project limits and visibility was less than 0.3 m (1 ft). Best Usage Classification The Division of Water Quality (DWQ) has assigned streams a best usage classification. The classification of Powell Creek (DEM Index # 27-22) is C NSW. The C classification denotes waters protected for secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, agriculture and other uses. NSW classification denotes waters needing additional nutrient management due to their being subjected to excessive growth of microscopic and macroscopic vegetation. No Water Supplies (WS-I: undeveloped watersheds or WS-II: predominately undeveloped watersheds) or Outstanding Resource Waters (ORW) occur within 1.6 km (1.0 mile) of project study area. Water Quality The Division of Water Quality has initiated a basinwide approach to water quality management for the 17 river basins within the state. The basinwide approach allows for more intensive sampling of biological, chemical and physical data that can be used in basinwide assessment and planning. Likewise, benthic macroinvertebrates are intensively sampled for specific river basins. Benthic macroinvertebrates have proven to be a good indicator of water quality because they are sensitive to subtle changes in water quality, have a relatively long life cycle, are nonmobile (compared to fish) and are extremely.diverse. The overall species richness and presence of indicator organisms help 4 to assess the health of streams and rivers. River basins are reassessed every five years to detect changes in water quality and to facilitate National Pollutant Discharge Elimination System (NPDES) permit review. A benthic macroinvertebrate collection site is located on the Neuse River approximately 2.5 miles upstream of its confluence with Powell Creek. This station was sampled nine times from 1983 to 1995 and received a taxa richness rating from 55 to 75, a Biotic Index value of 2.75 to 2.91, and a bioclassification of good to fair (DWQ Web Page)- The Ambient Monitoring System (AMS) is a network of stream, lake and estuarine water quality monitoring stations strategically located for the collection of physical and chemical water quality data. The type of water quality data or parameters that are collected is determined by the waterbody's freshwater or saltwater classification and corresponding water quality standards (DWQ, 1992). Water quality use support rateings designate Powell Creek as Support-threatened (DWQ, 1993). There are no AMS stations on Powell Creek. The first AMS station on the Neuse River downstream of the city of Raleigh is at Hwy 42 near Clayton. A comparison of data collected just downstream of Falls Dam with data collected at the Clayton station reveal an overall decrease in water quality associated mainly with urbanization. (DWQ, 1993). Point source dischargers located throughout North Carolina are permitted through the NPDES Program. Any discharger is required to register for a permit. No point source dischargers are located within a 1.6 km (1.0 mi) radius of the project study area. BIOTIC RESOURCES Biotic resources include aquatic and terrestrial ecosystems. This section describes those ecosystems encountered in the study area, as well as the relationships between fauna and flora within these ecosystems. Composition and distribution of biotic communities throughout the project area are reflective of topography, hydrologic influences and past and present land uses in the study area. Descriptions of the terrestrial systems are presented in the context of plant community classifications and follow descriptions presented by Schafale and Weakley (1990) where possible. Dominant flora and fauna observed, or likely to occur, in each community are described and discussed. Scientific nomenclature and common names (when applicable) are provided for each animal and plant species described. Plant taxonomy generally follows Radford, et al. (1968). Animal taxonomy follows Martof, et al. (1980), Menhenick (1991), Potter, et al. (1980), and Webster, et al. (1985). Subsequent references to the same organism will include the common name only. Fauna observed during the site visit are denoted by an asterisk (*). Published range distributions and habitat analysis are used in estimating fauna expected to be present within the project area. Biotic Communities • 5 Three communities are identified in the project study area: Streamside freshwater marsh, Mesic Mixed Hardwood Forest, and maintained/disturbed. Community boundaries within the study area are well defined without a significant transition zone between them. Faunal species likely to occur within the study area will exploit all communities for shelter and foraging opportunities or as movement corridors, except those fauna restricted to the aquatic environment. Streamside Freshwater Marsh The freshwater marsh community is present on both sides of the project area, along the stream channel. This community consists mainly of herbaceous vegetation bordered by a few woody species. It is mainly found inside the channel and at low spots along banks within the project limits, abruptly grading into the Mesic Mixed Hardwood Forest. The herbaceous species in this community consist of jewelweed (Impatiens capensis), tearthumb (Polygonum sagittatum), dayflower (Commelina sp.), Japanese grass (Microstegium vimineum), lizard's tail (Saururus cernuus), arrow arum (Peltandra virginica), bulrush (Scirpus cyperinus), and lovegrass (Eragrostis sp.). The wood} species bordering this community consists of tag alder (Alnus serrulata), swamp dogwood (Corpus stricta), elderberry (Sambucus canadensis), button bush (Cephalanthus occidentalis), and river birch (Betula nigra). Mesic Mixed Hardwood Forest The Mesic Mixed Hardwood Forest community occurs on both sides of the project outside the channel banks and adjacent to the maintained/disturbed community. The woody species in this community consists of white oak (Quercus alba), tulip poplar (Liriodendron tulipifera), mockernut hickory (Carya tomentosa), ironwood (Carpinus caroliniana), swamp chestnut oak (Quercus michauxii), loblolly pine (Pinus taeda), sweetgum (Liquidambar styraciflua) and river birch. The shrub layer consists of possum haw (Ilex decidua), blueberry (Vaccinium sp.), smooth blackhaw (Viburnum prunifolium), sweet bay (Magnolia virginiana), Chinese privet (Ligustrum sinense) and black cherry (Prunus serotina). The herbaceous layer consists Virginia creeper vine (Parthenocissus quinquefolia), pokeweed (Phytolacca americana), japanese honeysuckle vine (Lonicera japonica), blackberry (Rubus sp.), rush (Juncus sp.), sedge (Carex sp.), St. John's-wort (Hypericum sp.), and multiflora rose (Rosa multiflora). Maintained/ Disturbed The maintained/disturbed community includes roadside shoulders and edges of agricultural fields. Flora within this periodically maintained community includes: fescue (Festuca sp.),.goldenrod (Solidago sp.), dock (Rumex sp.), paspalum (Paspalum sp.), blackberry, henbit (Lamium amplexicaule), wild geranium (Geranium maculatum), wild 6 onion (Allium stellatum), morning glory (Ipomoea purpurea), dog fennel (Eupatorium spp.), ragweed (Ambrosia artemisiifolia), queen anne's lace (Daucus carota), trumpet creeper (Campsis radicans), dandelion (Taraxacum officinale), plantain grass (Plantago lanceolata) , wild sensitive plant (Cassia nictitans), sericea (Lespedeza cuneata), St. John's wort (Hypericum gentianoides), prunella (Prunella vulgaris), rabbit tobacco (Gnaphalium obtusifolium), and winged sumac (Rhus copallina). Wildlife The physical characteristics of the terrestrial and aquatic communities in an area will affect the fauna that are present and use the area. This section addresses the fauna likely to be found in the project study area. Terrestrial Fauna Fauna associated with the communities in the project area includes the white tailed deer*, beaver, golden mouse (Ochrotomys nuttali), opossum* (Didelphis virginiana), raccoon (Procyon lotor), and gray squirrel (Sciurus carolinensis). Avian species utilizing these areas include the Carolina wren (Thryothorus ludovicianus), Carolina chickadee* (Parus carolinensis), turkey vulture* (Cathartes aura), American robin* (Turdus migratorius), American crow* (Corvus brachyrhynchos), yellow-throat warbler* (Dendroica dominica), red-shouldered hawk* (Buteo lineatus), red-tailed hawk* (Buteo jamaicensis), white eyed vireo* (Vireo griseus), Carolina wren* (Thryothorus ludovicianus), bobwhite quail* (Colinus virginianus), and tufted titmouse* (Parus bicolor). Aquatic Fauna Fauna associated with the aquatic community includes various invertebrate and vertebrate species. Fish such as' mosquitofish (Gambusia afnis) and redbreast (Lepomis auritus), and amphibians such as cricket frogs may use the shallow, fairly disturbed habitat present in the project area. Invertebrates that are likely present include crayfish (family Cambaridae), nymphal stages of dragonflies and damselflies (Order Odonata), and caddisfly larvae (Order Trichoptera). Other aquatic invertebrates identified during the survey include: Utterbackia imbeciles, Elliptio sp., Physella sp., and Camploma decisum. Summary of Anticipated Impacts Construction of the subject project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. This section quantifies and qualifies impacts to the natural resources in terms of area impacted and ecosystems affected, for each of the two project alternates. Temporary and permanent impacts are considered here as well. 7 Calculated impacts to terrestrial resources reflect the relative abundance of each community present within the study area. Project construction will result in clearing and degradation of portions of these communities. Table 1 summarizes potential quantitative losses to these biotic communities, resulting from project construction. Estimated impacts for each alternate are derived using the entire proposed right of way width. Usually, project construction does not require the entire right of way, therefore, actual impacts may be considerably less. Table 1. Anticipated Impacts to Biotic Communities Community type ;Impacts Freshwater marsh .04 (.10) Mesic Mixed Hardwood ' .21 (.52) Maintained/disturbed 16 (.40) Total .41 (1.02) Values cited are in hectares (acres). Plant communities found within the proposed project area serve as nesting and sheltering habitat for various wildlife. Replacing Bridge No. 480 and its associated improvements will reduce habitat for faunal species, thereby diminishing faunal numbers. However, due to the size and scope of this project, it is anticipated that impacts to fauna will be minimal. Areas modified by construction (but not paved) will become road shoulders and early successional habitat. Reduced habitat will displace some wildlife further from the roadway while attracting other wildlife by the creation of more early successional habitat. Animals temporarily displaced by construction activities should repopulate areas suitable for the species. Aquatic communities are sensitive to even small changes in their environment. Siltation, sedimentation and erosion from construction-related work will affect water quality and biological constituents. Although direct impacts may be temporary, indirect environmental impacts from these construction processes may result in long term or irreversible effects. Impacts often associated with in-stream construction include increased channelization and scouring of the streambed. In-stream construction alters the stream substrate and may remove streamside vegetation at the site. Disturbances to the substrate will produce siltation, which clogs the gills and/or feeding mechanisms of benthic organisms (sessile filter-feeders and deposit-feeders), fish and amphibian species. Benthic organisms can also be covered by excessive amounts of sediment. These organisms are slow to recover or repopulate a stream. 8 The removal of streamside vegetation and placement of fill material at the construction site alters the terrain. Alteration of the streambank enhances the likelihood of erosion and sedimentation. Revegetation stabilizes and holds the soil thus mitigating these processes. Erosion and sedimentation carry soils, toxic compounds and other materials into aquatic communities at the construction site. These processes magnify turbidity and can cause the formation of sandbars at the site and downstream, thereby altering water flow and the growth of vegetation. Streamside alterations also lead to more direct sunlight penetration and to elevations of water temperatures, which may impact many species. JURISDICTIONAL TOPICS This section provides descriptions, inventories and impact analysis pertinent to two important issues--Waters of the United States and rare and protected species. Waters of the United States 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). Characteristics of Wetlands and Surface Waters Potential wetland communities were investigated pursuant to the 1987 "Corps of Engineers Wetland Delineation Manual". The three-parameter approach is used, where hydric soils, hydrophytic vegetation and prescribed hydrologic characteristics must all be present for an area to be considered a wetland. Wetlands within the project limits are freshwater marsh areas associated with Powell Creek, along with low spots along the banks dominated by shrubby species. Soils along the creek have a sandy texture with an organic surface layer. Hydric soil indicators within 12 inches of the surface include soil saturation and low chroma (1 OYR 511). Soils in the low areas along the bank had a matrix color of 2.5YR 5/2 with mottles of 7.5 YR 5/8. Freshwater marsh areas are characterized by standing water throughout the year that limits tree establishment. Vegetation within the wetlands includes arrow arum, arrowhead, peltandra, tag alder, elderberry, and other herbaceous and woody species as described in previous sections of this report. 9 Powell Creek is a jurisdictional surface water under Section 404 of the Clean Water Act (33 U.S.C. 1344). Discussion of the biological, physical and water quality aspects of Powell Creek are presented in previous sections of this report. Summary of Anticipated Impacts Table 2 summarizes anticipated impacts to wetland and surface water areas in the project area for each alternate. Anticipated impacts to these areas are determined by using the entire project ROW width. Usually, project construction does not require the entire ROW; therefore, actual wetland and surface water impacts may be considerably less. Table 2. Anticipated Impacts to Wetland and Surface Water Areas Impacts Total Wetlands hectares (acres) .04 (.10) Permits Impacts to jurisdictional waters of the United States are anticipated. In accordance with provisions of section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the COE for the discharge of dredged or fill material into "Waters of the United States". The Clean Water Act §404 establishes a permit program to regulate the discharge of dredge or fill material into Waters of the United States. The USACE, which administers the permit program under CWA §404, established nationwide permits for minor activities, specialized activities, and activities regulated by other authorities. A nationwide permit (NWT) is a permit by rule. In other words, compliance with the NWP rules satisfies the statutory provision under section 404 of the Clean Water Act. Forty NWP's referenced by a number currently exist (Strand, 1997). Nationwide 23, entitled Approved Categorical Exclusions, covers certain activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or part, by another Federal agency or department. Nationwide 23 applies when another Federal agency or department determines that their activity, work, or discharge is categorically excluded from an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). The activity, work, or discharge becomes categorically excluded when its actions neither individually nor cumulatively have significant effect on the human environment. Also, the Office of the Chief of Engineers must receive notice of the agency or department's application for the categorical exclusion and concur with the categorical exclusion determination (61 FR 65874, 65916; December 13, 1996). The project's impacts on the Waters of the United States will likely require a NWP 23. A North Carolina DWQ Section 401 Water Quality General Certification is required prior to the issuance of the Section 404. Section 401 Certification allows surface waters 10 to be temporarily impacted for the duration of the construction or other land manipulations. Mitigation The COE has adopted, through the Council on Environmental Quality (CEQ), a wetland mitigation policy which embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological and physical integrity of Waters of the United States, specifically wetlands. Mitigation of wetland impacts has been defined by the CEQ to include: avoiding impacts (to wetlands), minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20). Each of these three aspects (avoidance, minimization and compensatory mitigation) must be considered sequentially. Avoidance Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States. A 1990 Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE states, that in determining "appropriate and practicable" measures to offset unavoidable impacts, such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost, existing technology and logistics in light of overall project purposes. Minimization Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts to Waters of the United States. Implementation of these steps will be required through project modifications and permit conditions. Minimization typically focuses on decreasing the footprint of the-proposed project through the reduction of median widths, ROW widths, fill slopes and/or road shoulder widths. Other practical mechanisms to minimize impacts to Waters of the United States crossed by the proposed project include: strict enforcement of sedimentation control BMP's for the protection of surface waters during the entire life of the project; reduction of clearing and grubbing activity; reduction/elimination of direct discharge into streams; reduction of runoff velocity; re-establishment of vegetation on exposed areas, judicious pesticide and herbicide usage; minimization of "in-stream" activity; and litter/debris control. Compensatory Mitigation Compensatory mitigation is not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible. It is recognized that "no net loss of wetlands" functions and values may not be achieved in each and every permit action. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts that remain after all appropriate and practicable minimization has been required. Compensatory actions often include II restoration, creation and enhancement of Waters of the United States. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site. Compensatory mitigation is not usually necessary with a Nationwide Permit # 23. Rare and Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human activities. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action likely to adversely affect a species classified as federally protected be subject to review by the Fish and Wildlife Service (FWS). Other species may receive additional protection under separate state laws. Federally-Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act (ESA) of 1973, as amended. As of 16 December 1999, the FWS lists the following federally protected species for Wake County (Table 3). A brief description of each species' characteristics and habitat follows. Table 3. Fei SCIENTIFIC NAME Alasmidonta heterodon Haliaeetus leucocephalus Picoides borealis Rhus michauxii lerally-Protected Species for Wake County COMMON NAME STATUS dwarf wedge mussel E bald eagle T red-cockaded woodpecker E Michaux's sumac E "E" denotes Endangered (a species that is in danger of extinction throughout all or a significant portion of its range). "T" denotes Threatened (a species that is likely to become an endangered species within the forseeable future throughout all or a significant portion of its range). Alasmidonta heterodon (dwarf wedge mussel) E Animal Family: Unionidae Date Listed: 3/14/90 The dwarf wedge mussel is a small mussel having a distinguishable shell noted by two lateral teeth on the right half and one on the left half. The periostracum (outer shell) is olive green to dark brown in color and the nacre (inner shell) is bluish to silvery white. Known populations of the dwarf wedge mussel in North Carolina are found in Middle Creek and the Little River of the Neuse River Basin and in the upper Tar River and Cedar, Crooked, and Stony Creeks of the Tar River system. This mussel is sensitive to 12 agricultural, domestic, and industrial pollutants and requires a stable silt free streambed with well oxygenated water to survive. BIOLOGICAL CONCLUSION NO EFFECT Powell Creek does not provide the proper habitat for the dwarf wedge mussel. The banks are covered with a thick mucky layer and riprap for most of the project limits. Flow in Powell Creek is sluggish and doesn't appear to be well oxygenated. A visual and tactile search was performed for approximately 2 man hours on Powell Creek from 100 ft upstream to 75 ft downstream of Bridge # 480. Two mussel species, Utterbackia imbeciles and Elliptio sp., were identified during this survey; however, no dwarf wedge mussels were found. In addition, NCNHP database, reviewed on July 14, 1999 does not contain any records of the dwarf wedge mussel within the study area. This project will not affect the dwarf wedge mussel. Haliaeetus leucocephalus (bald eagle) T Animal Family: Accipitridae Date Listed: 3/11/67 Adult bald eagles can be identified by their large white head and short white tail. The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can be identified by their flat wing soar. Eagle nests are found in close proximity to water (within a half mile) with a clear. flight path to the water, in the largest living tree in an area, and having an open view of the surrounding land. Human disturbance can cause an eagle to abandon otherwise suitable habitat. The breeding season for the bald eagle begins in December or January. Fish are the major food source for bald eagles. Other sources include coots, herons, and wounded ducks. Food may be live or carrion. BIOLOGICAL CONCLUSION NO -EFFECT The majority of the project study area consists of maintained/disturbed lands, including agricultural fields and roadside shoulders, bordered by mixed hardwood forest. Review of area maps show several small ponds within the project study area. However, these areas are highly subjected to human disturbance, with few large trees and fragmented forest communities. Habitat for the bald eagle in the form of open water (within a half mile) with a clear flight path is not found in the project study area. A review of the Natural Heritage Program database of rare species and unique habitats on July 14, 1999 revealed no records of bald eagles in the project study area. Therefore, the proposed project construction will have no effect on the bald eagle. Picoides borealis (red-cockaded woodpecker) E Animal Family: Picidae Date Listed: 10/13/70 The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the 13 RCW.is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cap, nape, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pine (Pinus alustris , for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are > 60 years old and are contiguous with pine stands at least 30 years of age. The foraging range of the RCW is up to 200.0 hectares (500.0 acres). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with the fungus that causes red-heart disease. Cavities are located in colonies from 3.6-30.3 in (12-100 ft) above the ground and average 9.1- 15.7 in (30-50 ft) high. They can be identified by a large incrustation of running sap that surrounds the tree. The RCW lays its eggs in April, May, and June; the eggs hatch approximately 38 days later. BIOLOGICAL CONCLUSION NO EFFECT Nesting and foraging habitat requirements in the form of open, large pine stands considered necessary for the RCW are not present within the project vicinity. Forested areas in the project vicinity consist of mixed hardwoods and generally have a dense understory of hardwood saplings and shrubs. The NC Natural Heritage Program database of rare species and unique habitats has no record for the presence of the RCW within the project vicinity. Therefore, no impact to the red-cockaded woodpecker will result from project construction. Rhus michauxii (Michaux's sumac) E Plant Family: Anacardiaceae Federally Listed: September 28, 1989 Flowers Present: June Michaux's sumac is a densely pubescent rhizomatous shrub. The bases of the leaves are rounded and their edges are simply or doubly serrate. The flowers of Michaux's sumac are greenish to white in color. Fruits, which develop from August to September on female plants, are a red densely short-pubescent drupe. This plant occurs in rocky or sandy open woods. Michaux's sumac is dependent on some sort of disturbance to maintain the openness of its habitat. It usually occurs on sand or sandy loams. Michaux's sumac grows only in open habitat where it can get full sunlight. Michaux's sumac does not compete well with other species, such as Japanese honeysuckle; with which it is often associated. BIOLOGICAL CONCLUSION NO EFFECT Habitat for Michaux's sumac in the form of open, disturbed areas on sandy soils does occur within the project limits. However, no plants of this species were found during the field survey conducted on August 6, 1999. Additionally, the NC Natural Heritage 14 Program database of rare species and unique habitats has no record for the presence of the Michaux's sumac within the project vicinity. Therefore, no impact to Michaux's sumac will result from project construction. Federal Species of Concern and State Listed Species , Table 4 lists Federal Species of Concern, the species state status (if afforded state protection) and the presence of suitable habitat for each species in the study area. This species list is provided for information purposes as the status of these species may be upgraded in the future. Table 4. Federal Species of Concern for Wake County. Scientific Name Common Name NC Status Habitat Aimophila aestivalis Bachman's sparrow SC No Etheostoma collis Carolina darter SC Yes lepidinion Heterodon simus Southern hognose SR/PSC Yes snake Lythrurus matutinus Pinewoods shiner SR Yes Myotis austroriparius Southeastern myotis SC Yes Elliptio lanceolata Yellow lance T/PE Yes Fusconaia masoni Atlantic pigtoe T/PE No Lasmigona subviridus Green floater E Yes Speyeria diana Diana fritillary SR* Yes butterfly Monotropsis odorata Sweet pinesap C No Trillium pusillum var. Carolina least E No pusillum trillium "E"--An Endangered species is one whose continued existence as a viable component of the State's flora is determined to be in jeopardy. "T"--A Threatened species is one which is likely to become endangered species within the foreseeable future throughout all or a significant portion of its range. "SC'--A Special Concern species is one which requires monitoring but may be taken or collected and sold under regulations adopted under the provisions of Article 25 of Chapter 113 of the General Statutes (animals) and the Plant Protection and Conservation Act (plants). Only propagated material may be sold of Special Concern plants that are also listed as Threatened or Endangered. Candidate species is one which is very rare in North Carolina. generally with 1-20 populations in the state. generally substantially reduced in numbers by habitat destruction. direct exploitation or disease. The species is also either rare throughout its range or disjunct in North Carolina from a main range in a different part of the country or the world. Significantly Rare species is one which is very rare in North Carolina. generally with 1-20 populations in the state. generally substantially reduced in numbers by habitat destruction. direct exploitation or disease. The species is generally more common elsewhere in its range. occurring peripherally in North Carolina. "/P_"--denotes a species which has been formally proposed for listing as Endangered. Threatened. or Special Concern. but has not yet completed the listing process. * -- Historic record - the species was last observed in the county more than 50 years ago. 15 Surveys for these species were not conducted during the site visit, nor were any of these species observed. A review of the NC Natural Heritage Program data base of rare species and unique habitats revealed no records of North Carolina rare and/or protected species in or near the project study area. Y 16 11 5.0 REFERENCES Amoroso, James L., 1997. "Natural Heritage Program List of the Rare Plant Species of North Carolina". North Carolina Natural Heritage Program. Cowardin, Lewis M., et al 1979. Classification of Wetlands and Deepwater Habitats of the United States, U.S. Fish and Wildlife Service, Washington, D.C. Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Lee, D.S., J.B., Funderburg, Jr. and M.K. Clark. 1982. A Distributional Survey of North Carolina Mammals. Raleigh, North Carolina Museum of Natural History. LeGrand, Jr., H.E., and S. P. Hall, 1997. "Natural Heritage Program List of the Rare Animal Species of North Carolina". North Carolina Natural Heritage Program. Martof, B.S., W.M. Palmer, J.R. Bailey and J.R. Harrison 111. 1980. Amphibians and Reptiles of the Carolinas and Vir inia. Chapel Hill, The University of North Carolina Press. Menhenick, E.F. 1991. The Freshwater Fishes of North Carolina. N.C. WRC, Raleigh. NCDEHNR-DEM. 1993. "Classifications and Water Quality Standards for North Carolina River Basins." Raleigh. NC Division of Environmental Management. 1993. "Basinwide Assessment Report Support Document: Neuse River Basin." Raleigh. NC Division of Water Quality. 1992. "Neuse River Basinwide Water Quality Management Plan." Raleigh. Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. Chapel Hill, The University of North Carolina Press. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. Chapel Hill, The University of North Carolina Press. Schafale, M.P. and A.S. Weakley. 1990. Classification of The Natural Communities of North Carolina. Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. 17 1 Strand, Margaret N. 1997. Wetlands Deskbook, 2"d Edition. Washington, D.C., Environmental Law Institute. U.S. Department of Agriculture. 1970. Soil Survey of Wake County. Soil Conservation Service, North Carolina Agriculture Experiment Station. U.S. Fish and Wildlife Service. 1979. "Classifications of Wetlands and Deepwater Habitats of the United States." U.S. Government Printing Office, Washington D.C. U.S. Fish and Wildlife Service. 1999. "Endangered, Threatened, and Candidate Species and Federal Species of Concern in North Carolina." Asheville. Webster,.W.D., J.F. Parnell and W.C. Biggs. 1985. Mammals of the Carolinas, Virginia and Maryland. Chapel Hill, The University of North Carolina Press.