20051123 Ver 1_Complete File_20050718

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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
July 18, 2005
Randolph County
DWQ Project No. 05-1123
SR 2876B (Pleasant Grove'Church
Road)
APPROVAL of 401 Water Quality Certification
Mr. Timothy Johnson, P.E., Division Engineer
North Carolina Department of Transportation, Division 8
PO Box 1067
Aberdeen, North Carolina, 28315
Dear Mr. Johnson:
You have our approval, in accordance with the attached conditions and those listed below, to place
permanent fill material, culverts, and piping in 50 linear feet of streams with 80 linear feet of temporary
impacts (130 linear feet total) for the purpose of widening SR 1,$76B (Pleasant Grove Church Road) in
Randolph County. The stream impacts are approved as presented in the tables below.
Stream Impacts in the Cane Fear River Basin
Site Station No. Stream Name Type Stream
Classification/
Index No. Impact
Type Impacts
(Linear Feet)
1 -L- 20+35 UT to Flat Creek Perennial Class C/1.7-24 Permanent 20
Temporary 40
2 -L- 23+80 UT to Flat Creek Intermittent Class C/17-24 Permanent 30
Temporary 40
Total 130
The project shall be constructed in accordance with your application dated June 22, 2005 (received June
23, 2005). After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 3404. This certification corresponds to the Nationwide Permit 14 issued by
the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before
you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- -
Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying
404 permit, unless otherwise specified in the Water Quality Certification.
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 211.0506 (h) (6) and (7). For this
approval to remain valid, you must adhere to the conditions listed below and in the attached certification.
Nose Carolina
Transportation Permitting Unit N`turQ11l?
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httr)://h2o.enr.state.nc.us/ncwetlands
Mr. Johnson
July 18, 2005
1. 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.
2. Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
3. During the construction of the project, no staging of equipment of any kind is permitted in waters
of the U.S., or protected riparian buffers.
4. The dimension, pattern and profile of the stream above t nd below the crossing should not be
modified. Disturbed floodplains and streams should be restored to natural geomorphic
conditions.
5. Any riprap used must not interfere with thalweg performance and aquatic life passage during low
flow conditions.
6. Heavy equipment must be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
7. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials.
8. The presence of equipment in the channels must be minimized. Under no circumstances must
rock, sand or other materials be dredged from the wetted stream channel under authorization of
this permit, except in the immediate vicinity of the culverts.
9. All work shall be performed during low or normal flow conditions.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
4
11. A copy of this Water Quality Certification shall be posted on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be
maintained with the Division Engineer and the on-site project manager.
Mr. Johnson
July 18, 2005
12. The outside buffer, wetland or water boundary located within the construction corridor approved
by this authorization shall be clearly marked by orange fabric fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorize&by this
certification.
13. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this permit without appropriate modification of this permit. Should waste or
borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is
a direct impact from road construction activities.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 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 Brian Wrenn \at 919-733-5715 or John Hennessy at 919-
733-5694.
Sincerely'
Alan W. Klimek, P.E.
Attachment
cc: Richard Spencer, Amy Corps of Engineers Wilmington Regulatory Field Office
Sue Homewood, DWQ Winston-Salem Regional Office
File Copy
Central Files
STATE OF NORTH CAROLINA9?a
DEPARTMENT OF TRANSPORTATION`
MICHAEL F. EASLEY
GOVERNOR
Mr. Rob Ridings
NCDWQ
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Subject:
Mr. Ridings:
DIVISION OF HIGHWAYS
June 22, 2005
Nationwide Permit #14 D5 11
SR-2876B Randolph County
Project # 8C.076057 (DWQ Permit Fee $200)

LYNDO TIPPETr
SECRETARY

The North Carolina Department of Transportation, Highway Division 8 is requesting Nationwide
Permit Number 14 for project 8C.076057 on SR-2876B (Pleasant Grove Church Rd.) in Randolph County.
The proposed project will replace two existing deficient crossing pipes as follows:
Site 1) Replace existing one line of 48"x 60' RCP with one line of 59"x 81"x 80' CMPA with kneewall.
Site 2) Replace existing 24"x 30' RCP with the one line of 60"x46"x60' CMPA with kneewall.
The pipes are being replaced in preparation for widening and paving of this road. The total percentage of
impervious surface within the project area will remain at less than 30%. All erosion control devices will be
appropriate to the location and in compliance with the current version of the NCDOT Best Management Practices
manual. There are no wetlands; HQW or OWR located within the project areas. A survey for the presence of the
Cape Fear Shiner and its' habitat was conducted by Neil Medlin and other members of the NCDOT ONE staff on
April 18, 2005. A Biological Conclusion of May Affect-Not Likely to Adversely Affect, was recorded. We
received Concurrence with this opinion from USF&W Service in a letter dated June 17, 2005. Both documents are
included in this package. There were no additional threatened or endangered species observed within the project
area during the required Minimum Criteria check.
The pipe replacements are located on UT of Flat Creek, a class C stream in the Cape Fear River Basin.
If dewatering is required at this site, it will be done with the use of a movable structure (sheet metal piles or pre-
cast concrete barriers). Construction will be done under dry conditions whenever possible. All detours will be done
off site using local state roads.
If you require any additional information, please contact me.
Since ,
Art C. King
Division Environmental Officer
Highway Division 8
cc: Tim Johnson, PE cc. Reuben E. Blakley
P.O. BOX 1067, ABERDEEN NORTH CAROLINA 28315
PHONE [phone] FAX [phone]
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Use Only:
USACE Action ID No.
DWQ \N*
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Version October 2001
W'Orm
If any particular item is not applicable to this project, please enter "N
leaving the space blank.
4e" (? N/A" rather than
I. Processing
1. Check all of the approval(s) requested for this project: _
X Section 404 Permit
? Section 10 Permit C'c. NO.
X 401 Water Quality Certification DATE -
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP # 14
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: ?
H. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: Timothy Johnson, P E Division Engineer
North Carolina Department of Transportation. Division 8
P.O. Box 1067
Aberdeen. North Carolina 28315
Telephone Number: 910-944-2344 Fax Number: (910) 9445623
E-mail Address: TJohnsonadot.state nc us
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: Reuben E. Blaklev
Company Affiliation: NC Department of Transportation
Mailing Address: 126 DOT Drive
Asheboro N.C.27205
Telephone Number: 336-625-2078 Fax Number: 336-625-0146
E-mail Address:_ rblakley(@dot.state.nc.us
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M. 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: SR 2876B (Pleasant Grove Church Rd)
2. T.I.P. Project Number or State Project Number (NCDOT Only): 8C.076057
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Randolph Nearest Town: Asheboro
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From Asheboro take NC 42 East
13.20 miles to NC 22, turn riaht continue on 22/42 South 4.40 miles to SR 2876 on right
right travel to end of pavement-project begins at end of pavement
5. Site coordinates, if available (UTM or Lat/Long): See Attached Sheet
(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:
Unpaved Secondary Road Pipe Crossing
7. Property size (acres): N/A Stream Crossing
8. Nearest body of water (stream/river/sound/ocean/lake):. Flat Creek
9. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hUp://h2o.enr.state.nc.us/admin/mapst.)
-6-
10. Describe the purpose of the proposed work: Pine Replacement and upgrade in conjunction
with Secondary Road Improvement Project
11. List the type of equipment to be used to construct the project: Trackhoe. Dozer Pan,
Baakhoe. Compactor and Motor Grader
12. Describe the land use in the vicinity of this project: farm land, forest land. private homes
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 future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All we 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.
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1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
None

List eacn impact separateiy and identity temporary impacts. impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/dminage, 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
(FU M), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httpJ/www.femagov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog eta)
List the total acreage (estimated) of existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
#1 Perm pipe 20 ft UT of Flat Creek 3-5 ft Perennial
Temp 40 ft
#2 Perm pipe 30 ft. UT of Flat Creek 24 ft. Intermittent
Temp 40 ft

List each impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, eta), 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.1m.¢ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone_com.
www.mapquest.com. eta).
Cumulative impacts (linear distance in feet) to all streams on site: site 1-60ft site 2-70ft
-8-
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 ma *
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
None

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging
flooding drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): 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.
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.
-9-
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 hunk/h2o.enr.state.nc.us/wrnrmdex.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
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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 X
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 [phone] to review current thresholds for environmental documentation.
Yes ? No X
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 ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project.. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No X If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone' Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
Gone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
-11-
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.
Neither the current jmpM ous cover nor the new proposed impervious cover (asphalt pavement)
will exceed 30% of the total site area. Erosion control devices appropnate to the site will be
utilized on this project which may include silt fences check dams and storm water retaining
basins.
XU. 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.
111.
XIM Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
.Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
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).
l.?l
Applicant/Agent's S(gnature Dat
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
-12-
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
June 17, 2005
Gregory J. Thorpe, Ph.D.
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Dr. Thorpe:
This letter is in response to your letter of May 31, 2005 which provided the U.S. Fish and Wildlife
Service (Service) with the biological determination of the North Carolina Department of Transportation
that the proposed replacement of two culvert pipes on SR 2876 on UT Flat Creek and unnamed
intermittent tributary to UT Flat Creek in Randolph County may affect, but is not likely to adversely
affect the federally endangered Cape Fear shiner (Notropis mekistocholas). These comments are provided
in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-
1543).
According to information provided, a fish survey was conducted approximately 0.5 miles downstream of
the project location on April 18, 2005. No survey was conducted at the actual project site due to low
water conditions. The length of stream surveyed was 500 meters. Though several species of fish were
observed, no Cape Fear shiners were observed.
Based on the information provided and other information available, the Service concurs with your
determination that the proposed project may affect, but is not likely to adversely affect the Cape Fear
shiner. We believe that the requirements of section 7(a)(2) of the ESA have been satisfied for this
species. We remind you that obligations under section 7 consultation must be reconsidered if. (1) new
information reveals impacts of this identified action that may affect listed species or critical habitat in a
manner not previously considered in this review; (2) this action is subsequently modified in a manner that
was not considered in this review; or (3) a new species is listed or critical habitat determined that may be
affected by this identified action.
The Service appreciates the opportunity to review this project. If you have any questions regarding our
response, please contact Mr. Gary Jordan at [phone] (Ext. 32).
Sincerely,
John Ellis
Acting Ecological Services Supervisor
cc: Art King, NCDOT, Aberdeen, NC
Richard Spencer, USACE, Wilmington, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
May 31, 2005
Memorandum To: Art King, Division Environmental Officer
NCDOT Highway Division 8
From Neil Medlinr Environmental Supervisor
Natural Environment Biological Survey Group
LYNDO TTPETT
SECRETARY
Subject: Survey for the Cape Fear shiner in association with improvements
of SR 2876 B, Randolph County.
Background
The proposed project calls for the replacement of a culvert pipe on an unnamed
tn`butary to Flat Creek (UT Flat Creek) and an intermittent stream whose channel merges
with the UT Flat Creek. These pipe replacements are in anticipation of widening and
paving of this section of SR 2876. This memo addresses the Cape Fear shiner (Notropis
mekistocholas) which is Federally Endangered and listed by the U.S. Fish and Wildlife
Service (USFWS) for Randolph County. The Cape Fear shiner is a small, moderately
stocky minnow. Its body is flushed with a pale silvery yellow, and a black band runs along
its sides (Snelson 1971). The fins are yellowish and somewhat pointed. The upper lip is
black and the lower lip has a black bar along its margin.
Cape Fear shiner habitat occurs in streams with gravel, cobble, or boulder
substrates. It is most often observed inhabiting slow pools, riffles, and slow runs
associated with water willow beds. Juveniles can be found inhabiting slackwater, among
large rock outcrops and in flooded side channels and pools. The Cape Fear shiner is
thought to feed on bottom detritus, diatoms, and other periphytes. Captive specimens
feed readily on plant and animal material.
The Cape Fear shiner is limited to three populations in North Carolina. The
strongest population of the Cape Fear shiner is in Chatham and Lee Counties from the
Locksville dam upstream to the Rocky River and Bear Creek. Another population is
located above the Rocky River Hydroelectric Dam in Chatham County, and the third
population is found in the Deep River system in Randolph and Moore Counties.
MAILING ADDRESS: TELS*ME 919-733-3141 LOCATION:
NCDEPARTmENTOFTRANSPORTATION FAK 919-7339794 TRANsvoRTATToNBUILDING
PROJECT DEvELopmENT AND ENv RoNMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WFR irF• wwui nnw nnr crAnr Arr. im, RALEIGH NC
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Survey Methods and Results
A habitat evaluation and fisheries survey was conducted for the project on April
18, 2005 by NCDOT staff members N. Medlin, Jared Gray, Anne Burroughs, Steve
Mitchell, and Jay Mays. At the SR 2876 road crossing, the intermittent channel that
flows into UT Flat Creek was dry on the day of the evaluation. UT Flat Creek at the road
crossing was approximately 1.5 meters wide and shallow with only a few pool areas
greater than 0.1 meters deep. The substrate was mixed with some bedrock, cobble, and
gravel, but also contained large amounts of sand and some silt. Significant bank erosion
was noted above and below the road and livestock appeared to have free access to the
stream above SR 2876. Heavy algal growth on the rocks indicated that the stream was
enriched. Due to the very small size of the stream and the degraded habitat,. no fish
survey was conducted on UT Flat Creek at SR 2876.
SR 2876 crosses UT Flat Creek roughly 0.25 miles above its confluence with Flat
Creek. The fisheries survey was conducted on Flat Creek at SR 2886, approximately 0.25
miles below-the UT's confluence. The survey location is 0.4 miles above Flat Creek's
confluence with the Deep River. Flat Creek in the area surveyed had a mixed substrate
consisting of bedrock, boulder, cobble, gravel, and sand. Gravel and small cobue were
the most abundant substratetypes. Average stream width was estimated to be five (5)
meters. No Cape Fear shiners were collected during the. survey. The fish specit: s- that
were collected are summari ted below in Table 1.
The collection meth:,d for the survey was to pull a minnow seine through. the
water in pool and slower run..habitats. Riffle areas were sampled by disturbing ,,.Re
substrate (kicking) down to-.cseine held in place at the downstream end of the rule.. The
riffles were also sampled b using two Smith-Root model LR-24 backpack elecrrofishing
units to shock downstream to the stationary seine. All fish not collected in the seine were
collected with dip nets and temporarily placed in 5-gallon buckets. The electrofishing
units were also used to sample the bank habitat in run and pool areas. All the fish
collected were identified and released onsite. The electrofishing units were set to provide
an output consistent with the nonlethal levels established by Holliman et. al., 20,03. The
survey area for Flat Creek extended for approximately 500 meters above the road
crossing.
Table 1. Fish Species and Relative Abundance, Flat Creek at SR 2886, Randolph
County. April 18, 2005
Species Relative Abundance
Bluehead chub, Nocomis leptocephalus Common
Highfin shiner, Notropis altipinnis Abundant
Swallowtail shiner, Notropis procne Rare
Spottail shiner, Notropis hudsonius Abundant
Table 1 (cont.). Fish Species and Relative Abundance, Flat Creek at SR 2886, Randolph
County. April 18, 2005
White shiner, Luxilus albeolus Abundant
Creek chub sucker, Erimyzon oblongus Abundant
Yellow bullhead, Ameiurus natalis Rare
Flat bullhead, Ameiurus platycephalus Rare
Pirate perch, Aphredoderus sayanus Rare
Eastern mosquitofish, Gambusia holbrooki Rare
Green sunfish, Lepomis cyanellus Common
Pumpkinseed, Lepomis gibbosus Rare
Bluegill, Lepomis macrochirus Abundant
Large mouth bass, Micropterus salmoides Common
Tessellated darter, Etheostoma olmstedi Common
Piedmont darter, Percina crassa Abundant
Biological Conclusion: May Affect - Not Likely to Adversely Affect
The confluence of Flat Creek with the Deep River is approximately 3 stream miles
above federally designated Critical Habitat for the Cape Fear shiner. The total distance of
the project from the Critical Habitat is nearly 4 stream miles. Given the results of the fish
survey on Flat Creek below the UT potentially affected by the project and that standard
BMPs will be utilized to prevent additional sediment from entering the UT, completion of
this project is not likely to adversely affect the Cape Fear shiner.
Qualifications of Principal Investigators
Investigator: Neil Medlin, Environmental Supervisor
Education: M.A. Biology, Appalachian State University
B.S. Biology, Appalachian State University
Experience: Environmental Specialist/Supervisor, NCDOT, January 2002 - present
Environmental Biologist, NC Division of Water Quality,
June 1990 - January 2002
Environmental Biologist, FL Department of Environmental Protection
(formerly Department of Environmental Regulation), August 1986 - June 1990
Expertise: Freshwater fish and benthic macroinvertebrate collection and identification;
aquatic habitat evaluations and function; biocriteria and biotic indices
evaluations; endangered species (terrestrial/aquatic) surveys; wetland
determination/delineation
Investigator: Anne Burroughs, Environmental Specialist
Education: B.S. Biological Sciences minor Environmental Science, NCSU, Raleigh 1992.
Experience: Biological Control technician - NC Dept of Agricultare May 2001-April2003.
Environmental Specialist - NC Dept. of Transportation, May 2003-July
2003, January 2004-present.
Expertise: Endangered species (terrestrial/aquatic) surveys; benthic macroinvertebrate
collection.
Investigator: Jared Gray, Environmental Specialist
Education: B.S. Environmental Science, Morehead State University
Experience: Environmental Biologist, Enviro-Pro, October 1994 -May 1997
Environmental Technician, Appian Consulting Engineers, P.A., October 1997
- May 1998
Environmental Specialist, NCDOT, October 1998-present
Expertise: Endangered species (terrestrial/aquatic) surveys; beNhic macroinvertebrate
collection, wetland delineation; soils, water quality analysis, and 404/401
permitting.
Investigator: Steve Mitchell, Environmental Supervisor
Education: B.S. Biology, East Carolina University
Experience: Environmental Specialist/Supervisor, NCDOT, August 2004 - present
Environmental Scientist, NC Division of Water Quality,
Department of Environment and Natural Resources
September 20, 1978 to August 2004
Expertise: Phytoplankton, submersed aquatic vegetation, freshwater fish, and benthic
macroinvertebrate collection and identification; aquatic habitat evaluations and
function; biocriteria and biotic indices evaluations; Surface water origination
determination; Endangered species (terrestnal/aquatie) surveys; Wetland
determination/delineations; 404/401 permit approval.
Investigator: Jason Mays
Education: B.S. Biological Sciences minor Chemistry, UNC Chapel Hill 2002
Experience: Environmental Specialist, NCDOT, March 2004-present NCWRC Field
Biologist May 2002-October 2003
Expertise: Section 7 field investigations, protected species (terrestrial/aquatic) surveys,
404/401 permitting, wetland delineation/ determination, GIS studies
References:
Holliman, F.M., J.B. Reynolds, and T.J. Kwak. 2003. A predictive risk model for
electroshock-induced mortality of the endangered Cape Fear shiner. North
American Journal of Fisheries Management 23:905-912.
Snelson, F.F. 1971. Notropis mekistocholas, anew cyprinid fish endemic to the Cape
Fear River basin, North Carolina. Copeia 1971: 449462.
STREAM CROSSING LOCATION SUMMARY
SR 2876B (PLEASANT GROVE CHURCH RD)
Site #1- 35 33'7.33"N 79 34'32.31"W
STA. 20+35
Replace 60 ft. of 66" x 51"CMPA with 80ft. of 81" x 59" CMPA
Site #2- 35 33' 11.19" N 79 34' 31.93" W
STA 23+80
Replace 30' Double Line of 24" CP with 60 ft. of 60" x 46" CMPA
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