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HomeMy WebLinkAbout20021258 Ver 1_Complete File_20020724?OF W A TE9p Michael F. Easley, Governor William G. Ross Jr., Secretary ?O G North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director y Division of Water Quality O r DWQ Project No.: 021 Z 5 b County: w 1? Applicant: _ A) c 001- Project Name: r , it 7-7 1 nye,- Z' +r1-e 91 C A 2,75-`( t3 - 305-B -Rd Date of Issuance of 401 Water Quality Certification: U O Ct 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 L -7. C, P CtAe 9- , 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 o orting materials. Signature: ?- Date: _4 e5- Agent's Certificati n I, , 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 Partial Final Date: 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 Registration No. Date Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893/ Internet hito://h2o.enr.state.nc.us/ncweti_ands An Equal Opportunity/Affirmative Action Employer - 50% Recycied/10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 June 13, 1996 MEMORANDUM TO: Mr. Eric Galamb DEM - DEHNR - Water Quality Lab RECEIVED JUN 1 91996 Ell RCW N AC SCIFN?FS 4 GARLAND B. GARRETT JR. SECRETARY FROM: H. Franklin Vick, P. E., Manager Planning and Environmental Branch SUBJECT: Review of Scoping Sheets for Wake County, SR 2754, Replacement of Bridge No. 279 over Little Black Creek, State Project 8.2404901, Federal Aid Project BRZ-2754(1), TIP Project B-3058 Attached for your review and comments are the scoping sheets for the subject project (See attached map for project location). The purpose of these sheets and the related review procedure is to have an early "meeting of the minds" as to the scope of work that should be performed and thereby enable us to better implement the project. A scoping meeting for this project is scheduled for July 17, 1996 at 2:00 pm in the Planning and Environmental Branch Conference Room (Room 434). You may provide us with your comments at the meeting or mail them to us prior to that date. Thank you for your assistance in this part of our planning process. If there are any questions about the meeting or the scoping sheets, please call Bill Goodwin, Project Planning Engineer, at 733-7844, Ext. 238. WTG/pl r 0,3,) 't d4? Attac ment c N16 7u f IO kr es o e Y. ? . a .? 70 ate'' IOeuse reshams caked ?I 55 s ' land L, Q? 1 . 5 1 ? 1 Rolesville I 4W3kefiel ? I 9 • 55 I'A(2770 ' POND ? Fuquay- a Angier Fiel 723 6 Kennebec 372 2 763 3728 CI) • \ (\ ` -- ?. r62 279_1 2 2754 h 6 3720 '_ . 2760 ?rl ?h SS ;1 2762) r Ur Willow Springs ?:, C PANTHER,. LAKE P?U 2778 , 4 2759 2760 1006 2761 2761 •4 b 2745 S0 42 N ? u I) x 2i .a' Mt. Pleasant Ch. 2740 b 2741 3737 ??OF NOFiH q North Carolina Department of Transportation .1 of Division of Highways 9''?F Qo?r Planning & Environmental Branch OF 7pPN5 Wake County Replace Bridge No. 279 on SR 2754 Over Little Black Creek B-3058 Figure One BRIDGE PROJECT SCOPING SHEET 6/13/96 TIP PROJECT: B-3058 DIVISION: Five F. A. PROJECT: BRZ-2754(1) STATE PROJECT: 8.2404901 COUNTY: Wake ROUTE: SR 2754 DESCRIPTION: Replace Bridge No. 279 on SR 2754 over Little Black Creek PROJECT PURPOSE: replace obsolete bridge PROJECT U.S.G.S. QUAD SHEET(S): Angier s? ROADWAY CLASSIFICATION: Rural Local Route f h TIP CONSTRUCTION COST ................................................................ $ 200.000 TIP RIGHT OF WAY COST ................................................................ $ 20.000 PRIOR YEARS COST ............................................................................ $ 0,000 TIP TOTAL COST ................................................................................. $ 220,000 TRAFFIC: CURRENT ? VPD; DESIGN YEAR (2020) 4? o VPD TTST % DUAL % EXISTING ROADWAY TYPICAL SECTION: Two lane shoulder section. 18 feet of pavement. grassed shoulders. ,,- yl 0 a{,fi ddt:- ?/ EXISTING STRUCTURE: LENGTH 35.4 METERS WIDTH 7.9 METERS 116 FEET 25.9 FEET a'?TEo D Two STATE OF NORTH CAROLINA DEPARTMENT OF TANSPORTATION JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY August 29, 1996 MEMO TO: Project File FROM: Bill Goodwin, P. E. ?'" Project Planning Engineer SUBJECT: Scoping Meeting for Replacement of Bridge No. 279 on SR 2754 over Little Black Creek, Wake County, Federal Aid Project No. BRZ-2754(1), State Project No. 8.2404901, TIP No. B-3058 A scoping meeting for the subject project was held on July 17, 1996. The following persons were in attendance: David Cox NC WRC Eric Galamb DEM - Water Quality Debbie Bevin SHPO Don Sellers Right of Way Sid Autry Location and Surveys Ray Moore Structure Design Charles Mullen Traffic Control Eric Rysdon Traffic Control Ray McIntyre Program Development Lanette Cook Program Development Jerry Snead Hydraulics Tony Houser Roadway Design Jason Moore Roadway Design Bill Goodwin Planning and Environmental The following is a summary of comments made at the scoping meeting and through correspondence prior to the meeting. The design speed will be 100 km/h (60 mph). Utility conflicts will be low for this project. There is overhead electrical service along the west side of SR 2754, and overhead telephone service along the east side of SR 2754. There is a waterline along SR 2754 that stops about 60 meters (200 feet) south of the existing bridge. ?? i .?? Mr. Eric Galamb of DEM indicated that Little Black Creek is classified as Class C, Nutrient Sensitive. Implementation of standard erosion control measures was suggested. As was replacing the existing bridge in-place with road closure during construction. Mr. David Cox of NC WRC indicated that Little Black Creek contains a number of fish species and a culvert should be installed with the bottom buried to allow fish passage. A low flow notch, or low flow barrel should be included. Mr. Cox also suggested replacing the existing bridge in-place with road closure during construction. Ms. Debbie Bevin of the State Historic Preservation Office (SHPO) indicated that there are no known architectural or archaeological sites in the immediate project area. No previously unknown sites are likely to be found therefore, no architectural or archaeological survey will be required. Mr. Jerry Snead of the Hydraulics Unit indicated that a new culvert will be required to replace the existing bridge. The new culvert should be a double barreled reinforced concrete box culvert; with each barrel measuring 2.4 meters (8 feet) by 2.4 meters (8 feet). The design speed will be 100 km/h (60 mph). The roadway approaches will have two 3.3 meter (11 ft) travel lanes and a shoulder width of at least 1.8 meters (6 ft).The shoulder will be 0.9 meters (3 feet) wider where guardrail is warranted. The Wake County School Bus Transportation Coordinator has indicated that 5 busses use this route twice each per day during the school year. Detouring traffic off-site would create some inconvenience, but would not cause major problems in school bus operations. The Traffic Forecasting Unit has indicated that near Bridge No. 279, SR 2756 carries 550 vehicles per day at present [1995]. This figure is expected to increase to 1200 vehicles per day by the year 2020. These traffic figures include 6% dual tired vehicles [DUAL], and 1 % truck-tractor semi-trailers [TTST]. The design hourly volume [DHV] is 10%. The Division Engineer has indicated that a local detour, using SR 2756 and SR 2762 would be preferred. SR 2756 is scheduled to be paved during the 1997 fiscal year. One alternate will be evaluated for replacing Bridge No. 279 over Little Black Creek. Alternate One - The existing bridge will be removed and replaced in-place. Traffic will be detoured along existing local roads. The TIP cost estimate for this project is $ 220,000 including, $ 200,000 for construction and $ 20,000 for right of way acquisition. Preliminary construction cost estimates are not available at this time. The current project schedule calls for right of way acquisition to begin in March 1998 and construction to begin in June 1999. WTG/ cc: Scoping Meeting Participants 1 Raesville I =? ? ? E Wakefiel 1 ? Lizard Li 64 ' ebu? O AO P CIR `? McCulley 401 `Z'gey 2770 land • i' ss? PARTIN \ POND Willow Springs S0 M N Triple W Air Park P- l 1006 3728 'r 62 • 7 Ct 2Z791 .2 PANTHER h ' 2754 3720 ' LAKE 270 ?t 1 76 R? 55 1 T'ti r 2778 2759 .10 2760 1006 2761 276.1 •4 y`?1 2745 Studied Detour Route s 42 r? Mt. Pleasant Ch. t\ 2740 b 2741 L17 S?OF NORTH .?q0 North Carolina Department of q Transportation ?q Division of Highways n?eo oFrn Planning & Environmental Branch Wake County Replace Bridge No. 279 on SR 2754 Over Little Black Creek B-3058 Figure One 0? WA TF9QG Co tP'- > =1 o ? October 9, 2002 DWQ No. 021258 Wake County Dr. Greg Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Re: Wake County, Replacement of Bridge No. 279 on SR 2754 over Little Black Creek Federal Aid Project No. BRZ-2754(1), State Project No. 8.2404901; TIP B-3058. Little Black Creek [27-45-3; C NSW] APPROVAL of NEUSE RIVER BUFFER RULES AUTHORIZATION CERTIFICATE with ADDITIONAL CONDITIONS Dear Mr. Thorpe, You have our approval, in accordance with the attached conditions, to impact 3834 square feet of protected riparian buffer for the purpose of replacing Bridge Number 279 over Little Black Creek on SR 2754. The project shall be constructed according to your application dated July 23, 2002 and any conditions listed below. This certification supercedes the original Buffer Certification for this project dated August 28, 2002. This approval shall act as your Authorization Certificate as required within the Neuse River Area Protection Rules (15A NCAC 2B .0233). In addition, you should get any other required federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control. This approval is only valid for the purpose and design that you described in your application dated July 23, 2002. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this authorization and approval letter and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed below. If you do not accept any of the conditions of this authorization, 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 authorization 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 the "No Practical Alternatives" determination required in 15A NCAC 2B .0233(8). If you have any questions, please contact John Hennessy at 919-733-5694. Sincerely, Alan W. Klimek, P.E. Director cc: US Army Corps of Engineers Raleigh Field Office DWQ Raleigh Regional Office File Copy Central Files C:\ncdot\TIP B-3058\wqc\021258 buffer authorizatiou1doc N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality , It, FE-A4 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources. Alan W. Klimek, P.E. Director Division of Water Quality August 28, 2002 DWQ No. 021258 Wake County Mr. V. Charles Bruton, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Re: Wake County, Replacement of Bridge No. 279 on SR 2754 over Little Black Creek Federal Aid Project No. BRZ-2754(1), State Project No. 8.2404901; TIP B-3058. Little Black Creek [27-45-3; C NSW] APPROVAL of NEUSE RIVER BUFFER RULES AUTHORIZATION CERTIFICATE with ADDITIONAL CONDITIONS Dear Mr. Bruton, You have our approval, in accordance with the attached conditions, to impact 2834 square feet of protected riparian buffer for the purpose of replacing Bridge Number 279 over Little Black Creek on SR 2754. The project shall be constructed according to your application dated July 23, 2002 and .any conditions listed below. This approval shall act as your Authorization Certificate as required within the Neuse River Area Protection Rules (15A NCAC 2B .0233). In addition, you should get any other required federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control This approval is only valid for the purpose and design that you described in your application dated July 23, 2002. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this authorization and approval letter and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed below. If you do not accept any of the conditions of this authorization, 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 authorization and its conditions are final and binding unless you ask fora hearing. This letter completes the review of the Division of Water Quality under the "No Practical Alternatives" determination required in 15A NCAC 2B .0233(87. If you have any questions, please contact John Hennessy at 919-733-5694. Sinceely, A 77 L LJ1) Alan W. Klimek, P.E. Director cc: US Army Corps of Engineers Raleigh Field Office DWQ Raleigh Regional Office File Copy Central Files C:\ncdot\TIP B-3058\wqc\021258 buffer authorization.doc E N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 C) ra-? 1 2-s-S STATE OF NORTH CAROLINA DEPARTNIENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR July 23, 2002 Raleigh Regulatory Field Office US Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27615-6845 ATTENTION: Mr. Eric Alsmeyer NCDOT Coordinator Dear Mr. Alsmeyer: LYNDO TIPPETT SECRETARY Subject: Wake County, Replacement of Bridge No. 279 over Little Black Creek on SR 2754, Federal Aid Project No. BRZ-2754 (1), State Project No. 8.2404901, TIP Project No. B-3058. Please find enclosed three copies of the project planning report, the Natural Resources Technical Report (NRTR), and permit drawings for the above referenced project. The NCDOT proposes to replace Bridge No. 279 on existing location with a 2 @ 12 ft x 8 ft reinforced concrete box culvert 36 feet in length. Traffic will be detoured on existing secondary roads during construction. Surface Water Impacts: Approximately 0.01 acres of wetlands will be impacted due to mechanized clearing and 0.03 acres of surface waters will be permanently filled by the proposed project (see sheet 4 of 9 of the permit drawings). Neuse River Riparian Buffer Impacts: 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 (2744.3 ft2) of allowable impacts within Zone 1 and 0.03 acre (1089.0 ft2) of allowable impacts within Zone 2 (see permit buffer drawings sheet 7 of 9). Threatened and Endangered Species: Plants and animals with federal classification of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened. (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of March 7, 2002, the U.S. Fish and Wildlife Service (FWS) lists four federally protected species for Wake County, the bald eagle (Haliaeetus leucocephalus), red-cockaded woodpecker (Picoides borealis), dwarf wedgemussel (Alasmidonta heterodon), and Michaux's sumac (Rhus michauxii). The NCDOT evaluation of these species resulted in Biological Conclusions of "No Effect" for all of these species. An additional review of the NC Natural Heritage Program database of rare species and unique habitats on May 5, 2002 revealed that no known occurrences of any federally protected species occur within one mile of the project area. Therefore, project construction will not affect these species. Bridge Demolition: Bridge No. 279 contains two spans totaling 36 feet. The bridge superstructure is composed of reinforced concrete deck and railings on timber joist. The bridge substructure consists of both timber and steel piles with timber caps. The rails and timber joist and steel and timber substructure will be removed without dropping any of their components into waters of the United States. There is potential for components of the deck to be dropped into waters of the United States during construction. The resulting temporary fill associated with the concrete deck is approximately 16 cubic yards. All measures will be taken to avoid any temporary fill from entering waters of the U.S. This 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 NWP 23 in accordance with the Federal Register of January 15, 2002 (Volume 67, Number 10, Pages 2019-2095). We anticipate a 401 General Certification will apply to this project, and are providing two copies of the project planning document and the NRTR to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. In addition to the Water Quality Certification, a letter of authorization from the DWQ will be required under Section 15A NCAC 213 .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, V. Charles Bruton, Ph.D., Manager Office of the Natural Environment cc: w/attachment Mr. John Dorney, Division of Water Quality (2 copies) 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. Jon Nance, P.E., Division Engineer Mr. Chris Murray, DEO Mr. Joel Johnson, Project Planning Engineer Y v z a O O 00 Ln co O N C N O w \ ~ > M J V ui ?Q I HLnN d 3 } a]_ ~ ~ \ S f v N O ZcJZO a O v w ? u O p O Z W N O QP Op Y Q ?? YztL W c ?3v N 0 cr W UJ Q -) ZUF- O W U C _ Z Q N co Y Z c O p -j O F Ln co N 11 N O W U7 c? I i N/l SG?j ?/I O3y r-1- p 0- :j C) LLJ V) 8 11' it ;; ~O QOZcl, LLJ . \ \ \I << < /i III , F-- N W \ ?\ \ t/13 ~ I ?/u i - i • U, '\`1 't \\ 1; i d Ups N U_ W U LL) . / `\ \` O O p Z c \ \ / co 1 ? 1 GI \ -I LUUJ j? /'- i• ------ 11 G 1. -'_/ E x, a to u( h d 3,0 w 1 ?. C <Da \ - y !• \ ?? u z _-?\` !?• '?I ?' `•It 77 17 `. " - - ? - ? • ?` /,.rte---=-??. I It, -)O ' II `- r•- 6 ??• ?. ?• f` ? ?'.? / - j • ?? 1 ter- •1• ?,? • i IfI?_l C'. WETLAND LEGEND -WLB WETLAND BOUNDARY PROPOSED BRIDGE WETLAND PROPOSED BOX CULVERT ® DENOTES FILL IN WETLAND PROPOSED PIPE CULVERT 12'-48' ® DENOTES FILL IN (DASHED LINES DENOTE PIPES SURFACE WATER EXISTNG STRUCTURES) 54" PIPES & ABOVE DENOTES FILL IN SURFACE WATER (POND) SINGLE TREE ® DENOTES TEMPORARY FILL IN WETLAND „ WOODS LINE ® DENOTES EXCAVATION IN WETLAND DRAINAGE INLET ® DENOTES TEMPORARY FILL IN SURFACE WATER ROOTWAD • DENOTES MECHANIZED - • • •• • • • CLEARING -? -3 FLOW DIRECTION RIP RAP TB - - TOP OF BANK WE ADJACENT PROPERTY OWNER - EDGE OF WATER O OR PARCEL NUMBER IF AVAILABLE - - - PROP. LIMIT OF CUT F ? PREFORMED SCOUR HOLE - - - PROP. LIMIT OF FILL -?- PROP. RIGHT OF WAY LEVEL SPREADER (LS) - - NG- - NATURAL GROUND - P'- - PROPERTY LINE DITCH - TDE - TEMP. DRAINAGE GRASS SWALE EASEMENT -PDE- PERMANENT DRAINAGE EASEMENT -EAB- EXIST. ENDANGERED ANIMAL BOUNDARY - EPB - EXIST. ENDANGERED PLANT BOUNDARY --------• WATER SURFACE x x x x x LIVE STAKES x x x N. C. DEPT. OF TRANSPORTATION BOULDER DIVISION OF HIGHWAYS -- CORE FIBER ROLLS WAKE COUNTY PROJECT: 8.24049011 .(B-3058) BRIDGE NO. 279 OVER LITTLE BLACK CREEK ON SR 2754 SHEET 3 OF q 10/29/01 Lu Z Q W U Q ILL. UJI N N Q Z V ? W ILL 1-4 9 -B- F a VMH r? ? J i? XI I 1 X I !ICI Q I N J I I I?ZI ? I III WI- UIII 3 I V x co U-1 a- D un vo N I 13 I jti _ X I .FU"'2 O ? 3 CD 0 (23 X I I ml 1I- of 0 ?0I co - X o - N - I I NI p0 f o o LLJ er,• = I I NI T L x O I w • ?/i 00 Y cS3 N p - _ 1 1 O 1 =W 644.70' S88°04'287E _ w= Y 0 ? C' wxI= Q? W 1, ?Ml J a ? r- ww= F-- L/) U aa? JC]O J N KD lx I Ld Zi 0 W J Q N N N Q Y U Z Q N u' m O a N O W N Y M J \ 0 CL3?mt m''\ V) u= Z O J N O z = O W N ~OWNOzo6- LL- F-N3I-NW w> wo?? 0 p 0 Z U W O W U n p N Z EE m cS3 -, LL I ??9 1 ??z°LL6 ,r\Q O M•0? 8S°6L1 `' I I l N I- o 1 0' i' a W CO U?Q W e W Cr ooQ zn? - Off=J n O F- a In v n N Z r CL Z Y O co W N o L) C) M V N_ Q m d= hr- U lA Z O J Z - D rn Co ' O Q LL U sf J F-O W NH LL CD C6 t: O Z J O Q F w W w W D O X O U a N Z Z W 0 m CL (i (D O N N (`7 N t M > U) O LL U) Z ? 0 ? E c m .O r. Z m 0 M _ O C ? r N U ? r a w o ? a O W ? C v H W U Q LL N C d m v u. > ? ? M O O 7 U C M p - N ? p Q Z LL ? C c o ? = N = O U p a ?, 0 p Q to ? :4 W C W o p a a y = Q J LL f p Z W ? N M H W o N c ° m v = c a U- w U m U X y ? ? N N C O t O .? O O LL + y O J O CD BUFFER LEGEND --WLB WETLAND BOUNDARY PROPOSED BRIDGE WETLAND L PROPOSED BOX CULVERT PROPOSED PIPE CULVERT PERMANENT IMPACTS ZONE 1 12'-48' PIPES (DASHED LINES DENOTE EXISTNG STRUCTURES) 54' PIPES ® PERMANENT IMPACTS ZONE 2 & ABOVE 0 SINGLE TREE -BZ RIPARIAN BUFFER ZONE - BZ1 - RIPARIAN BUFFER ZONE 1 30 ft (9.2m) WOODS LINE - BZ2 - RIPARIAN BUFFER ZONE 2 20 ft (6.1m) --30 -? FLOW DIRECTION TB TB TOP OF BANK ---WE --- EDGE OF WATER - C - PROP. LIMIT OF CUT F - PROP. LIMIT OF FILL --? PROP. RIGHT OF WAY - - NG - - NATURAL GROUND PL- - PROPERTY LINE -TDE- TEMP. DRAINAGE EASEMENT -POE- PERMANENT DRAINAGE EASEMENT -EAB- EXIST. ENDANGERED ANIMAL BOUNDARY -EPB- EXIST. ENDANGERED PLANT BOUNDARY ----------- WATER SURFACE x x x x x LIVE STAKES x x x C2D BOULDER --- CORE FIBER ROLLS DITCH / SWALE DRAINAGE INLET ROOTWAD UN, RIP RAP 5 ADJACENT PROPERTY OWNER OR PARCEL NUMBER IF AVAILABLE F-I PREFORMED SCOUR HOLE N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS WAKE COUNTY PROJECT: 8.2404901 (B-3058) BRIDGE NO. 279 OVER LI'T'TLE BLACK CREEK ON SR 2754 SHEET ?, OF 01 06/ 19/ 2002 XI I 1 I I ! I ' I LL 1- I-? ?Q O ?acy N J I N O Q N OmwN Mw0]\ vii I z \ I a ~-?-Z . Z I zYo a=5? S I I .i N I ?w°QwQ? ?m I ?l ?I w (D %, 0 I to Z?aoONp O Q m to u o N I ; ,1, I !I O NN~ ~N3 ? 1 U w • F- OD 'I Ow0w a I I g,eN U _ V) C13 Z EE w 0 COD ° - I? U 22 = 1 e ? X I I ml ? I N t\ I ?I oiI ,, _ z I 1 ?0I I F, -j - ?<I w U) N a 'tee = I NI "? ° ? Q N a o v) co I I ?I N ?, ? - \ - w T - O I //rr?}}•?? N n u n a p p F U) co - \ ° M I I \ I ??li? ? o LL , = ?I - - -- 644.70' S88°04'28°E wz 0 F w ? L - `D wx?- w Of wm - a i 11 I i ? N W 0 1 l w a - o . u, o a z N ? I 1 U J < wwi I ILL, 1 I N z r Q co J I- V) QQ`- j I Ol N 5 ??w y I' ? I . _ LLJ Ocna LV I I w 0 = U ? ?' I oCD V) O n Q uj V) Z 0 O ? w aU) o¢ ' CL a CO y NO UOfm NO LL Z LL OU 0 rnM L 0 O C4 C r W ?pW 00 Z v i F cn 3 U w w > > _ o a: v N Z O Z co O N O O c) z Q K1 o o s z to CL w a LL 0: U. L L - -A O Z W N W ., O - U N J W o Q O N m J O O r V r W J ° W n _ O O W .. Z r N Q N of ? m m r C.) U W J O Q co Q N O Of O CC J N J Q a M C W N G Z r v N N N J wr o ? o? W po x U m 0 N 0 LL O r Z O r Q r N ? C ? w N U m U W m ? fV r U N ? Q O 2 W A H o Z w °a= z g LL LL PROPERTY OWNERS NAMES AND ADDRESSES PARCEL NO. NAMES ADDRESSES 1 JOYCE D. & ELVIN C. HEDGEPETH 2 K. M. DUPREE, HEIRS C/O LILLIAN DUPREE 3 THELM F. & RONALD MCLEAN 9230 gENNEBEC ROAD WILLOW SPRINGS NC 27592-9526 9209 gENNEBEC ROAD WILLOW SPRINGS NC 27592-9410 9325 gENNEBEC ROAD WILLOW SPRINGS NC 27592-9412 11 CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No.: B-3058 State Project No. 8.2404901 Federal-Aid Project No.: BRZ-2754(1) A. Project Description : (include project scope and location) NCDOT will replace Bridge No. 279 on SR 2754 over Little Black Creek in Wake County. The bridge will be replaced with a double barreled reinforced concrete box culvert at the existing location. Each barrel will measure 2.4 meters (8 feet) by 2.4 meters (8 feet). The new approach roadway will be a 6.6 meter (22 foot) travelway with shoulder widths of at least 1.8 meters (6 ft.). Traffic will be detoured on existing secondary roads during construction. B. Purpose and Need: Bridge No. 279 has a sufficiency rating of 56.4 out of 100, due to recent reinforcement of the substructure. The deck of Bridge No. 104 is only 7.6 meters (25 feet) wide. For these reasons Bridge No. 104 needs to be replaced. C: Proposed Improvements: Circle one or more of the following improvements which apply to the project: Type II Improvements 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveways pipes h. Performing minor bridge widening ( less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail 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 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 d0 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. 2 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 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. D. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3 (b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. Special Project Information Environmental Commitments: 1. All standard measures will be implemented to avoid or minimize environmental impacts. 2. In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." A Corps of Engineers Nationwide Permit # 23 will be applicable for this project. 3. A North Carolina Division of Environmental Management (DEM) Section 401 Water Quality General Certification will be obtained prior to issue of the Corps of Engineers Nationwide Permit # 23. Estimated Costs: Construction Right of Way Total Estimated Traffic: Current Year 2018 $ 200,000 $ 23.000 $ 223,000 550 VPD 1200 VPD 3 Proposed Typical Roadway Section: . The approach roadway will be 6.6 meters (22 feet) wide with at least 1.8 meter (6 foot) shoulders. Shoulder width will be increased to at least 2.7 meters (9 feet) where guardrail is warranted. Design Speed: 100 km/h (60 mph) Functional Classification: SR 2754 is classified as a Rural Local Route in the Statewide Functional Classification system. Division Office Comments: The Division Engineer supports the chosen alternate and proposed detour route. E. Threshold Criteria If any Type II actions are involved in the project, the following evaluation must be completed. If the project consists only of Type I improvements, the following checklist does not need to be Completed. ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique or X important natural resource? 11 (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? r x (3) Will the project affect anadromous fish? 0 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 x takings been evaluated? (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? iX 4 (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? F11 X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? F1 X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? F-1 X PER MITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? X (11) Does the project 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 project require any stream relocations or channel ? changes? X SOCIAL AND ECONOMIC YES NO (15) Will the project induce substantial impacts to planned growth or ? X land use for the area? - (16) Will the project require the relocation of any family or business? X (17) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? X (18) Will the project involve any changes in access control? L, X 5 (19) Will the project substantially alter the usefulness and/or land use of any adjacent property? 17 (20) Will the project have an adverse effect on permanent local ? traffic patterns or community cohesiveness? .(21) 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 (22) Is the project anticipated to cause an increase in traffic volumes? 1-1 (23) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? (24) Is there substantial controversy on social, economic, or environmental grounds concerning the project? (25) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the action? (26) Will the project have an "effect" on properties eligible for or listed on the National Register of Historic Places? X F-1 X X X X F-1 X 1-1 YES NO ?X (27) 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 X U. S. Department of Transportation Act of 1966)? (28) 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? i? X F. Additional Documentation Required for Unfavorable Responses in Part E (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached as necessary.) None. 6 G. CE Approval TIP Project No.: B-3058 State Project No. 8.2404901 Federal-Aid Project No.: BRZ-2754(1) Project Description • (include project scope and location) NCDOT will replace Bridge No. 279 on SR 2754 over Little Black Creek in Wake County. The bridge will be replaced with a double barreled reinforced concrete box culvert at the existing location. Each barrel will measure 2.4 meters (8 feet) by 2.4 meters (8 feet). The new approach roadway will be a 6.6 meter (22 foot) travelway with shoulder widths of at least 1.8 meters (6 ft.). Traffic will be detoured on existing secondary roads during construction. Categorical Exclusion Action Classification: (Check one) X TYPE II (A) TYPE II (B) Approve: 3 -?-9 Date Assistant Manager Planning & Environmental Branch 3-7-y7 Date Project Planning Unit Head Date Project Planning Engineer t : -° . ... 0 For Type II (B) projects only: Date Division Administrator Federal Highway Administration 7 ror?fi 0 , ebW ., 648 _ s Studied Detour Route 0 -- I North Carolina Department of Transportation Division of Highways Planning & Environmental Branch Wake County Replace Bridge No. 279 on SR 2754 Over Little Black Creek B-3058 Figure One r y Ay North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary August 1, 1996 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 t Re: Bridge 279 on SR 2754 over Little Black Creek, Wake County, B-3058, Federal Aid Project BRZ- a 2754(2), State Project 8.2404901, ER 96-9162 Dear Mr. Graf: Division of Archives and History Jeffrey J. Crow, Director Q?? C E FQ AUG p ' 6 1996 Gvl-C,y OF LA'. G"WAYS On July 17, 1995, 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 13 OD, 3 Nicholas L. Graf 1 August, 1996, 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 9191733-4763. Sincerely, 'DavidBrook (?J k Deputy State Historic Preservation Officer DB:slw cc: H. F. Vick C. Bruton T. Padgett Wake County HPC SLArf e STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 06 March 1997 MEMORANDUM TO Wayne Elliot, Unit Head Bridge. Unit GARLAND B. GARRETT )R. SECRETARY FROM: Lindsey Riddick, Environmental Biologist 1-9 Environmental Unit SUBJECT: Natural Resources Technical Report for the proposed replacement of bridge No. 279 on SR 2754 over Little Black Creek, Wake County. TIP No. B-3058, State project No. 8.2404901, Federal aid project No. BRZ-2754 (1). ATTENTION: Bill Goodwin, P.E., Project Manager Project Planning Unit The following report is submitted to assist in the preparation of a Programmatic Categorical Exclusion (PCE) for the proposed project. This report contains information concerning water resources, biotic resources, Waters of the United States, permit requirements and federally protected species within the project area. The information contained in this report is relevant only in the context of existing preliminary design concepts. If design parameters and criteria change, additional field investigations may need to be conducted. The proposed project involves replacing the existing bridge on existing location with minimal approach work. Project length is approximately 91 m (300 ft) with a right- of-way of 24 m (80 ft). Traffic will be detoured off site. METHODOLOGY General field studies were conducted along the proposed project area by NCDOT biologists Mark A. Hartman and Lindsey Riddick on 20 August 1996 and again by NCDOT biologists Dale Suiter and Lindsey Riddick on 11 February 1997. Plant communities and their associated wildlife were identified and recorded. Wildlife identification involved using one or more of the following observation techniques: active e searching and capture, visual observations (binoculars), and identifying characteristic r signs of wildlife (sounds, scat, tracks and burrows). Faunal species observed during the site visit are denoted with an asterisk (*). Terrestrial community classifications generally follow Schafale and Weakley (1990) where possible, and plant taxonomy follows Radford, et al. (1968). Animal taxonomy follows Martof, et al. (1980), Menhenick (1991), Potter, et al. (1980), and Webster, et al. (1985). Wetland classifications follow Cowardin et. al. (1979). Predictions regarding wildlife community composition involved general qualitative habitat assessment based on existing vegetative communities. Jurisdictional wetland determinations were performed using delineation criteria prescribed in the "Corps of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987). Information concerning federal and state protected species in the study area was gathered from the North Carolina Natural Heritage Program (NCNHP) database of rare species and unique habitats along with the U.S. Fish and Wildlife Service (FWS) list of protected species and species of concern. WATER RESOURCES Water resources occur in the project area. These resources are in the form of Little Black Creek, a piedmont perennial stream. Little Black Creek at bridge No. 279 is approximately 2 m (6.5 ft) wide and approximately 0.5 m (1-2 ft) deep. Substrate consists of silt and sand with some areas of gravel. Streams have been assigned a best usage classification by the Division of Water Quality (DWQ), formerly the Division of Environmental Management (DEM). The best usage classification for the Little Black Creek (DWQ Index No. 27-45-3) is C NSW. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. NSW (Nutrient Sensitive Waters) refers to waters which require limitations on* nutrient inputs. No High Quality Waters or Outstanding Resouce Waters exist in the project area. NCDOT's Best Management Practices for the Protection of Surface Waters should be strictly enforced during the construction phase of the project. This would include: 1) installation of temporary silt fences to control runoff during construction 2) placement of temporary ground cover or re-seeding of disturbed sites to reduce runoff and decrease sediment loading 3) reduction of clearing along streams Terrestrial Communities There are two types of terrestrial communities currently existing in the project area, bottomland alluvial forest and maintained roadside shoulder. Bottomland Alluvial Forest Dominant canopy tree species noted were red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera), sweet gum (Liquidambar styraciflua), river birch (Betula nigra), loblolly pine (Pinus teada) and sycamore (Platanus occidentalis). Sub canopy layer species include saplings of red maple and tulip poplar as well as tag alder (Alnus serru/gta), black willow (Sa/ix nigra) and privet (Ligustrum sinense). Herbaceous species present in the area include giant cane (Arundinaria gigantea), Japanese honeysuckle (Lonicera japonica), jewel weed (Impatiens capensis), false nettle (Boehmeria cylindrica) and greenbriar (Smilax sp.). A portion of this community is considered jurisdictional wetland. Wildlife species that may be found in such areas may use this habitat for shelter and foraging and may also utilize the maintained/distubed areas to forage and as a travel corridor. Therfore, many of the species found in this habitat also have the potential to utilize the maintained/distuded community. Mammalian species likely to occur include raccoon (Procyon lotor), gray squirrel (Sciurus carolinensis), whitetail deer (Odecoileous virginiana), hispid cotton rat (Sigmodon hispidus), and Virginia oppossum (Didelphis virginiana). Avian species likely to be found in this community include Carolina chickadee (Parus carolinensis), mourning dove (Zenaida macrroura), -common grackle (Quisca/as quicu/a), European starling (Sturnus vulgaris), and common crow (Corvus brachyrhynchos). Reptiles likely to be found in these areas include black racer (Co/uber constrictor), five-lined skink (Eumeces fasciatus), and eastern fence lizard (Sceloporus undulatus). A spotted turtle* (Clemmys guttata) and bullfrogs* (Rana catesbeiana) were also noted along the stream bank during the initial site visit. Maintained Roadside Shoulder Maintained roadside shoulder community is also present in the project area. This community includes areas that are highly maintained in an early successional state. They are subject to frequent mowing and/or herbicide use. Having been subjected to some type and degree of disturbance in the past, many species found in this type of community are highly adaptive and have the ability to repopulate an area quickly after disturbance. Soil disturbance and compaction, along with frequent mowing and/or herbicide application, keep this community in an early successional stage. As a result, the vegetation in this community is predominantly grasses and herbs. These areas cover the majority of the area where construction will take place. Plant species that are common to maintained communities are fescue (Festuca sp.), wild onion (Allium canadense), broomsedge (Andropogon virginica), blackberry (Rubus argutus), Japanese honeysuckle (Lonicera japonica), goldenrod (Solidago sp.), 91 privet, Carolina geranium (Geranium carolinianum), wild carrot (Daucus carota), ground cherry (Physalis virginiana), dog fennel (Anthemis cotula), and giant cane. Wildlife resources in this community are limited by the high degree of maintenance that occurs on residential developments and roadside shoulder. Species found in these areas generally use the area for foraging and are highly adaptive species that adjust well to human development. Wildlife species that are common to such areas include raccoon, eastern harvest mouse (Reithrodontomys humulis), hispid cotton rat, eastern fence lizard, Carolina chickadee, mourning dove, common grackle, European starling, and black racer. JURISDICTIONAL TOPICS This section provides descriptions, inventories and impact analysis pertinent to two important issues--Waters of the United States, and rare and protected species. Waters of the United States Impacts to jurisdictional surface waters are anticipated. Jurisdictional surface waters are present in the form of a piedmont perennial stream. Impacts can be minimized with NCDOT Best Management Practices. In accordance with provisions of section 404 of the Clean Water Act (33 U,S.C. 1344), a permit will be required from the COE for the discharge of dredged or fill material into "Waters of the United States." Two small wetland sites occur within the proposed right-of-way for this project. In each case the area of impact will be less than 0.04 ha (0.1 ac). Wetland 1 lies on the north side of the existing bridge. The Cowardin classification for this wetland is PF01A. This wetland type is described as palustrine, forested, broad leaved deciduous, temporarily flooded. Wetland 2 lies on the south side of the existing bridge. The Cowardin classification for this wetland is PF01 C. This wetland type is described as palustrine, forested, broad leaved deciduous, seasonally flooded, well drained. Water Permits Nationwide 23 Permit A Nationwide Permit 33 CFR 330.5(a) (23) is likely to be applicable for all impacts to Waters of the United States resulting from the proposed project. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in whole, or part, by another Federal agency or department where that agency or department has determined the pursuant to the council on. environmental quality regulation for implementing the procedural provisions of the National Environmental Policy Act: (1) that the activity, work, or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and-, (2) that the office of the Chief of Engineers has been furnished notice of the agency' or department's application for the categorical exclusion and concurs with that determination. North Carolina Division of Water Quality (DWQ) Section 401 Water Quality General Certification is also required. Section 401 of the Clean Water Act requires that the state issue or deny water certification for any federally permitted or licensed activity that may result in a discharge into waters of the United States. The issuance of a 401 permit from DWQ is a prerequisite to issuance of a Section 404 Permit. Rare and Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human activities. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally-protected, be subject to review by the Fish and Wildlife Service (FWS). Other species may receive additional protection under separate state laws. Federally-Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of 23 August 1996, the FWS lists four federally-protected species for Wake County (Table 1). A complete description along with a biological conclusion for each species follows Table 1. Table 1 Federally Protected Species for Wake County. Scientific name Common name Status Picoides borealis red-cockaded woodpecker Endangered Rhus michauxii Michaux's sumac Endangered Haliaeetus leucocephalus bald eagle Threatened Alasmidonta heterodon dwarf wedge mussel Endangered I Picoides borealis (red-cockaded woodpecker) Endangered Animal Family: Picidae Date Listed: 13 October 1970 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 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 palustris), 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 hectares (500 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 m (12-100 ft) above the ground and average 9.1- 15.7 m (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 No habitat as described above exists for the RCW in the project area. The mixed pine hardwood stands do not contain greater than 50% pine trees and are not contiguous to pine stands 30 years of age. In addition, a search of the NCNHP database of rare species and unique habitats revealed no records of RCW in the project area. Therefore, it can be concluded that this project will not affect RCW. Rhus michauxii (Michaux's sumac) Endangered Plant Family: Anacardiaceae Federally Listed: 28 September 1989 Flowers Present: June - Michaux's sumac is a densely pubescent rhizomatous shrub. The bases of the leaves are rounded and their edges are simply or doubly serrate. The flowers of Michaux's sumac are greenish to white in color. Fruits, which develop from August to September on female plants, are a red densely short-pubescent drupe. r This plant occurs in rocky or sandy open woods. Michaux's sumac is dependent on some sort of disturbance to maintain the openness of its habitat. It usually grows in association with basic soils and occurs on sand or sandy loams. Michaux's sumac grows only in open habitat where it can get full sunlight. Michaux's sumac does not compete well with other species, such as Japanese honeysuckle, with which it is often associated. Biological Conclusion: No Effect During the two site visits the areas of open roadside shoulder habitat were seacrched for the presence of this plant. No specimens were found on either occasion. In addition, a search of the NCNHP database of rare species and unique habitats revealed no records of Michaux's sumac being present in the project area. Therefore, this project will not affect this species. Haliaeetus leucocephalus (bald eagle) Endangered Animal Family: Accipitridae Date Listed: 03 November 1967 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 No large open bodies of water exist in the project area. Little Black Creek is narrow and enclosed by tree canopy. This area does not provide the large, open bodies of water required by the bald eagle for foraging. In addition, a search of the NCNHP database of rare species and unique habitats revealed no records of thebald eagle being present in the project area. Therefore, the proposed project will not affect this species. r Alasmidonta, heterodon (dwarf wedge mussel) Endangered Animal Family: Unionidae Date Listed: 14 March 1990 The dwarf wedge mussel is a small mussel having a distinguishable shell noted by two lateral teeth on the right half and one on the left half. The periostracum (outer shell) is olive green to dark brown in color and the nacre (inner shell) is bluish to silvery white. Known populations of the dwarf wedge mussel in.North Carolina are found in 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 agricultural, domestic, and industrial pollutants and requires a stable silt free streambed with well oxygenated water to survive. Biological Conclusion: No Effect General mussel surveys were conducted 20.August 1996 by NCDOT biologists Mark Hartman and Lindsey Riddick. Little Black Creek was surveyed approximately 50 m (162 ft) on each side of bridge No. 279. No living mussels or relic shells of any kind were observed. In addition, a search of the NCNHP database of rare species and unique habitats revealed no records of the dwarf wedge mussel being present in the project area. Therefore, the proposed project will not affect this species. cc: V. Charles Bruton, Ph.D., Environmental Unit Head Hal C. Bain, Environmental Supervisor File: B-3058 J