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HomeMy WebLinkAbout20050848 Ver 1_Complete File_20051202r-tr f*tWs /w N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP mATL TO: _ S REP. N d O? Rr ROOM, BLDG. ;„ W Q PROM: REP. NO. OR ROOM, BLDG. D(V S •e CTION ? NOTE AND FILE ? PLR OUR CONVERSATION ? NOTE AND RETURN TO ML ? PER YOUR REQUEST - ? RETURN WITH MORE DETAILS ?FOR YOUR APPROVAL ? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION -.? PLEASE ANSWER ?FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ?-.SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT - COMMENTS: C?'RhJI { ;S?1G09 7C of ' ? ? ???No. 0508' :'i -2 y L ?V 1 (? l X ?D w 0 W x MATCH LINE Sta.53+-OO- I I I I I I I 1 J 1 J 1 5 U W \ 1 1 a 1 I Z J 11 N 1 W 1 a 1 H s 1 w ~ 1 IL3 1 wg 1 ? I LU; 1 H a 1 (? H 1 z z I N I W I 80 I V I co -j w w J O So Q Z ?Y < ii.i t. ?L: a a :.•? !? nl \s E > W W ' •? •'` V B I J _'^ Q? Q? Q Q "II w' cl 'i c7 c7 a ° w C\j 0O (x z 9I H M N / a u'-J6 9 LLJ + 2 Z D U 1 \ ?' 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S cg I to?=-J I Z F- Z W W a a LL 0 w LU w 0 w co °a o It CL LL N N r` a? t0 N W Z O N J J H LL h- U 0 W 0 IL m 0 .?• ? o • ? ? vi o * " \ H 00 ;; - 00 W W J J . ..? ? ? ' ?? y Z 1 g p t O ? oQ H M WZ °Q W •I m ?Vwi° _ p LLJ _ U 01 z CM 1 J \ \ Z Z W W LLJ 1 W \ F- N N O N r 1 O \ 0) 0) ° 1 Z Z LL. 1 1 -- II 1 m II ' ?, / (a II p I /\ J I 9 W I c II ow ¢ 0 / m N 11 . wr, 1 w I >a I (9 = Z S r 1 I X N(D \ \ W W N . I w \ I M W 0) . ° t X N 10 ?a'o V O ?N w x MAT HC LINE STA. 34+50 -o Q T? CO o a: oz OOw i i g wa ^\ w 3 ==te aO a; \ I M = O V 0 - ; 0 \ \ 4J Y4 r U- ONF- H ° :2 0 u x rn ® O LL N = v / LL N O CID O LL N -v n R W J Z d c7 U Z ? r. P X N w W w a O = c M ~ ? W ZUO? f-?w oz, , XN?13 W ? W J O U O w Q Q W J F- pJatiO w O xxox o > w ct O a w ? a ri w w °z d U a J OSf I f 'dls ?I 3AIR H?lb'{N imap://nicole.thomson%40dwq.denr.ncmai l.net @ cros.ncmai1.net:143/f... Subject: SR 1609 Ed Harris Rd - Granville County /, V9 t b4 From: Heather W. Montague <hwmontague@dot.state.nc.us> dp Date: Fri, 02 Dec 2005 16:08:35 -0500 'v To: Nikki Thomson <nicole.thomson@ncmail.net>, Christina Breen <christina.breen@ncmail.net> CC: Eric Alsmeyer <Eric.C.Alsmeyer@saw02.usace.army.mil>, Chris Murray <cmurray@dot.state. nc.us> DWQ Project No. 050848 USACE AID. 200520903 Nikki and/or Christina- This project is currently under construction. Work in the area of STA. 50+00 revealed conditions different than those anticipated during the design. Road maintenance supervisors have advised that there is actually no low spot here in the ditch line and therefore no need for an 18-inch cross line pipe as depicted on Sheet 2 of 16 of the permit drawings. NCDOT proposes to omit this pipe as well as the preformed scow- hole designed at the outlet. This revision does not affect jurisdictional areas or any other information presented in the May 12, 2005 application. Do we need a permit modification for this revision or can we just send you a revised drawing for your records'? Please advise. Thanks -Heather w O V3 MATCH UNE Sta.53+00 I I I I ( 1 1 h J LL a W 41 1 d H M ). UJ 1 N ;y1 1 `1 H W U, t 17 ? ? 1 t. ? , U \, f F? 41, ?S r? 9 I of 2 12/20/2005 1:22 PM imap:Hnicole.thomson%40dwq.denr.ncmai1.net@cms.ncmai[.net 2of2 1 J ? ? •. d I • M F ? I «r'. t s w x W ti w M LL { W M f tC to W ¢ ?. ca ? . ? l G i W ~n ? n H i ; I ASV l ? i / 4C 8 V1 ?5 .J I 1 ?".. r r I ? r 1r5 12/20/2005 1 imap://nicole.thomson%40dwq.denr.ncmai].net@cros.ncmai1.net:143/f... Subject: STA 50+00 Ed Harris Road - Granville County From: "Heather W. Montague" <hwmontague@dot.state. nc.us> Date: Tue, 20 Dec 2005 12:44:09 -0500 To: Nikki Thomson <nicole.thomson@ncmail.net> CC: Eric Alsmeyer <Eric.C.Alsmeyer@saw02.usace.army.mil>, Chris Murray <cmurray @ dot.state.nc. us> Nikki- I revisited Ed Harris Road to take a few additional field measurements concerning the elimination of the cross line and preformed scour hole at STA 50+00. We would not be losing any diffuse flow/storm water treatment from the roadway by getting rid of these structures. There is simply no low spot in the roadway for a pipe at 50+00 and therefore there will be no concentrated flow to diffuse. As far as treatment of stormwater surrounding this site, the roadway has an existing dry cross line 150 ft up station of 50+00 by which storm water is outleted into upland woods 400 ft away from riparian buffers. Down station of 50+00 and south of the new alignment, the old gravel roadbed has been removed and seeded with herbaceous vegetation. This is contributing to the 450 ft of vegetated treatment prior to entering the riparian buffers at the Site 2 stream crossing. As I mentioned in my email a couple of weeks ago, this revision does not affect jurisdictional areas or any other information presented in the May 12, 2005 application. We'd like to provide this email as documentation of this revision and can send you a revised drawing for your files. Thanks -Heather Merry Christmas to you and your family I of 1 12/20/2005 1:22 PM United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 May 12, 2005 Heather Montague North Carolina Department of Transportation Division 5 2612 N. Duke Street Durham, North Carolina 27704 Dear Ms. Montague: This letter is in response to your letter of May 4, 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 improvements to SR 1609 (Ed Harris Road) in Granville County may affect, but are not likely to adversely affect the federally endangered dwarf wedgemussel (Alasmidonta heterodon). 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 the information provided, SR 1609 will be graded and paved, and three pipe culverts will be extended or replaced. It is understood that the existing bridge over Tabbs Creek will not be replaced; however, there is a statement to the contrary in the attached mussel survey report from the Catena Group. The three culvert extensions/replacement are on small tributaries to Tabbs Creek. The tributaries are too small to support mussel fauna. According to the information provided, a mussel survey was conducted in Tabbs Creek on September 30, 2003. The survey extended 400 meters downstream of the existing SR 1609 bridge crossing and 100 meters upstream of the crossing. No dwarf wedgemussels were observed during the survey. Based on the information provided and other information available, and given the fact that no work will occur in Tabbs Creek, the Service concurs with your determination that the proposed project may affect, but is not likely to adversely affect the dwarf wedgemussel. 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 (919) 856-4520 (Ext. 32). ne r Pete e0amin Ecological Services Supervisor cc: Eric Alsmeyer, USAGE, Raleigh, NC Nicole Thomson/Christina Breen, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA. Raleic*h. NC O?O? \ NA T ?9QG May 26, 2005 Granville County DWQ Project No. 050848 APPROVAL of 401 Water Quality Certification and TAR-PAMLICO RIVER RIPARIAN BUFFER AUTHORIZATION Mr. Jon G. Nance, P.E. Division Engineer NCDOT, Division 5 2612 N. Duke Street Durham, NC 27704 Dear Mr. Nance: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of pipe replacements and secondary road improvements on SR 1609 (Ed Harris Road) in Granville County. Impact Stream Impacts - Concurrent Stream Wetland Impacts - Riparian Buffer Impacts Locations Permanent Fill Impacts - Temporary Perrtaanent Fill (Square Feet) (Linear Feet) Dewatering- (Acres) (Linear Feet) Site 1 N/A N/A .02 N/A Site 2 44 44 N/A 8,312 (4,892 Zone 1 + 3,420 Zone 2) Site 3 32 32 N/A 1,117 (447 Zone 1 + 670 Zone 2) Site 4 32 32 N/A 18,895 (2, 470 Zone 1 + 16,425 Zone 2) The project shall be constructed in accordance with your application dated received May 16, 2005. After reviewing your application, we have decided that the stream impacts and riparian buffer impacts described are covered by General Water Quality Certification Numbers 3404 and 3366. This certification corresponds to the Nationwide Permit 14 and the Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid for the Tar- Pamlico River Buffer Rules (15A NCAC 2B .0259). 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 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. IVOne Caro na Transportation Permitting Unit d va ura,, 1/ 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: httr)://h2o.enr.state.nc.us/ncwetlands 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 n.. C-..1 n....-...:-1A=...,...&:.... A...:.... V.....i....... cm/ o........i..AIIAOI o..,.. n .............. 0-- 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.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. 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.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. 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.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 9.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 10.) 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. 11.) Pursuant to NCACI5A 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar-Pamlico River Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 12.) 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. 13.) 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. 14.) If the above condition (#13) is unable to be met, due to bedrock or other limiting features, encountered during construction, please discontinue activities and contact the NCDWQ for directions on how to proceed. 15.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 16.) 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. 17.) All work shall be performed during low or normal now conditions. 18.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. 19.) 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. 20.) For the 44 linear feet of stream at Site 2, 32 linear feet of stream at Site 3, and 32 linear feet of stream at Site 4, being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with native vegetation. 21.) Mitigation for impacts to 2, 470 square feet of protected riparian buffers in Zone 1 and 16,425 square feet of protected riparian buffers in Zone 2 will be mitigated for as described below: Zone of Impact Impacts (S ware Feet) Replacement ' Ratio Total Square Feet of Mitigation Required Zone 1 2,470 3:1 7,410 Zone 2 16,425 1.5:1 24,637.5 Total 18,895 32 047.5 We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. Mitigation for unavoidable impacts to Tar-Pamlico Riparian Buffers shall be provided in the Tar-Pamlico River Basin and done in accordance with 15A NCAC 2B .0295 at a cost of $0.96 per square foot for 32,047.5 square feet of buffer impact. Therefore, a total payment of $30,765.60 shall be submitted to the EEP to offset the project impacts. The payment to EEP, and the required riparian buffer mitigation shall be implemented in accordance with all the Memorandum's of Agreement signed between the North Carolina Department of Environment and Natural Resources and the NC Department of Transportation that govern the practice and function of the EEP. 22.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated with native woody species upon completion of the project construction. A post-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days after the project is closed out by the Department of Transportation. t 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 Christina Breen at 919-733-9604. incerel , G ?yam ? .Yr an W. Klimek, P.E. .y_. ,.. JEH/cmb Attachment cc: Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704 NC DWQ Raleigh Regional Office Central Files File Copy c:\Correspondence\20050therProjects\D W Q050848\052605 wgc.doc . Cc (r" #* F ..STFr. t STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY May 12, 2005 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 0 5 0 8 4 8 Attention: Mr. Eric Alsmeyer, NCDOT Coordinator Subject: Secondary road improvements to SR 1609 (Ed Harris Road) from SR 1611 (Dorsey Road) to the Vance County line in Granville County. WBS element 5C.039019. The North Carolina Department of Transportation (NCDOT) proposes to upgrade and pave SR 1609 (Ed Harris Road) from SR 1611 (Dorsey Road) to the Vance County line in Granville County (Figures 1-2 and Permit Drawings Sheets 1-16). Total project length is 1.47 miles. Transportation and highway laws of North Carolina (G.S. 136-44.6, 136- 44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to develop annual work programs for construction and maintenance of secondary roads. These general statutes specifically set forth requirements for annual construction and paving of existing unpaved roads. Paving of these roads is performed in priority order as established by the NCDOT for each unpaved road within a given county. This number is based on characteristics of each road, including number of homes, schools, churches, businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and value as a thoroughfare. SR 1609 is scheduled to be paved as part of the 04-05 Secondary Roads Construction Program. Impacts to Waters of the United States Site 1 (STA 32+90) - fill in wetlands Construction at this site will impact a drainageway wetland (Sheet 1 of 16). This wetland is positioned along the roadside ditch then continues across SR 1609 at a 24-inch reinforced concrete pipe (rcp) that is 30 feet long (see Appendix One for Photographs I and 2). The existing pipe at this site will be replaced with a 24-inch rcp that is 40 feet long. Permanent impacts at the site associated with the longer pipe, grading, reworking of ditches, and use of rip rap will include a total of 876 ft'- (0.02 ac of fill) in wetlands (see Appendix Two for USACE Wetland Delineation forms/DWQ rating sheets). No surface water impacts are proposed at this site. 6' . ?ycy Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 2 Site 2 (STA 55+00) - surface water fill to UT 1 Construction at this site will impact an unnamed intermittent tributary to Tabbs Creek [NCDENR-DWQ Index No. 28-17-(0.5), Best Usage Classification C NSW; HUC 03020101] in the Tar-Pamlico River Basin (Sheet 3 of 16). The existing structure conveying the creek is a 24-inch rep (see Appendix One for Photographs 3 and 4). This pipe will be extended 12 feet on the inlet end and 12 feet on the outlet end. Permanent impacts at the site associated with the pipe extensions total 24 linear feet of fill in surface water in addition to a total of 20 feet of rip rap along the stream banks. The work zone at this site will be temporarily dewatered for approximately 2 days. This will involve the temporary placement of sandbags upstream and downstream of construction. Once the stream has been dewatered, the extensions will be set. To maintain water flow during construction, water upstream of construction will be temporarily pumped out and conveyed around downstream of the construction. Temporary concurrent impacts to the stream from this activity will result in dewatering 44 linear feet of stream. The sandbags used for dewatering will be removed after construction. Site (STA 56+75) - surface water fill to UT 2 Construction at this site will impact an unnamed perennial tributary to Tabbs Creek (Sheet 4 of 16). The existing structure conveying the creek is a 36-inch rep (see Appendix One for Photographs 5 and 6). This pipe will be extended 4 feet on the inlet end and 8 feet on the outlet end. Permanent impacts at the site associated with the pipe extensions total 12 linear feet of fill in surface water in addition to a total of 20 feet of rip rap along the stream banks. The work zone at this site will be temporarily dewatered for approximately 2 days. This will involve the temporary placement of either sandbags or sheet piling upstream and downstream of construction. Once the stream has been dewatered, the extensions will be set. To maintain water flow during construction, water upstream of construction will be temporarily pumped out and conveyed around downstream of the construction. Temporary concurrent impacts to the stream from this activity will result in dewatering 32 linear feet of stream. The materials used for dewatering will be removed after construction. Site 4 (STA 73+40) - surface water fill to UT 3 Construction at this site will impact an unnamed intermittent tributary to Tabbs Creek (Sheet 9 of 16). The existing structure conveying the creek is an 18-inch rep that is 48 feet long (see Appendix One for Photographs 7 and 8). This pipe will be replaced with a 24-inch reinforced concrete pipe that is 60 feet long. Permanent impacts at the site associated with the longer pipe total 12 linear feet of fill in surface water in addition to a total of 20 feet of rip rap along the stream banks. The work zone at this site will be temporarily dewatered for approximately 3 days. This will involve the temporary placement of sandbags upstream and downstream of construction. Once the stream has been dewatered, the old pipe will be removed and the new pipe will be installed. To maintain water flow during construction, water upstream of construction will be temporarily pumped out and conveyed around downstream of the construction. Temporary concurrent impacts to the stream from this activity will result in dewatering 32 linear feet of stream. The sandbags used for dewatering will be removed after construction. 4 JA w Riparian Buffer Impacts Site 2 (STA 51+85 through STA 58+70) - method II clearing in buffers and construction The Site 2 buffer impacts include construction related activities associated with method II clearing within the slope stake limits, roadway construction, and the pipe extension activities at UT 1 and UT 2 (Sheets 2-4 of 16). Both unnamed tributaries are subject to the Tar-Pamlico Riparian Buffer Rule. These unnamed tributaries to Tabbs Creek are not depicted on the most recent version of the Oxford (1981/1984) topographic quadrangle (Figure 1) but are present on the Soil Survey of Granville County (USDA-SCS, 1992) (Figure 2). Erosion and sediment control devices along the project are comprised of temporary rock silt checks, temporary silt basins, temporary silt fence, a performed scour hole at STA 55+00, and grassed swales. The NCDOT proposes to install temporary erosion and sediment control devices in Zone 1 and Zone 2 of the riparian buffer. The temporary structures will be removed once the vegetation has been established and then seeded with a seed mixture of fescue and bahia grass. Please note that the placement of these structures and their associated impacts are included within the site total of 4,892 ft'- in Zone 1 and 3,420 ftz in Zone 2. Based on the impacts to the riparian buffer at this site, these crossings are ALLOWABLE. Site 3 (STA 59+40 through STA 60+60) - method 11 clearing in buffers and construction The Site 3 buffer impacts include construction related activities associated with method 11 clearing and roadway construction within the slope stake limits surrounding the bridge crossing of Tabbs Creek (Sheet 5 of 16). Tabbs Creek is subject to the Tar-Pamlico Riparian Buffer Rule. This creek is depicted on the most recent version of the Oxford (1981/1984) topographic quadrangle (Figure 1) as well as the Soil Survey of Granville County (USDA-SCS, 1992) (Figure 2). Riparian buffer impacts at this site total 447 ft' in Zone 1 and 670 ft'` in Zone 2. Based on the impacts to the riparian buffer at this site, this crossing is ALLOWABLE. Site 4 (STA 61+70 through STA 88+60) - method II clearing in buffers and construction The Site 4 buffer impacts include construction related activities associated with method II clearing and roadway construction within the slope stake limits (Sheets 6-14 of 16). The buffer impacts at this site are along an unnamed tributary which runs East to West and parallels the road project to the South of SR 1609. This unnamed tributary is depicted on the most recent version of the Oxford (1981/1984) topographic quadrangle (Figure 1) as well as on the Soil Survey of Granville County (USDA-SCS, 1992) (Figure 2). Erosion and sediment control devices along the project are comprised of temporary rock silt checks, temporary silt basins, temporary silt fence, and grassed swales. The NCDOT proposes to install temporary erosion and sediment control devices in Zone 1 and Zone 2 of the riparian buffer. The temporary structures will be removed once the vegetation has been established and then seeded with a seed mixture of fescue and bahia grass. Please note that the placement of these structures and their associated impacts are included within the site total of 2,470 ft- in Zone I and 16,425 ft' in Zone 2. Based on the impacts to the riparian buffer at this site, these crossings are ALLOWABLE with MITIGATION. W01 A Waters of the U.S./Riparian Buffer Mitigation Avoidance/Minimization - Waters of the U.S.: All wetlands and surface waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters or outside of the permitted riparian buffer impacts. The side slopes have been steepened to the extent possible at jurisdictional sites. Strict enforcement of sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Officer during construction to minimize impacts to these sites. Avoidance/Minimization - Riparian Buffers: SR 1609 is a roadway that has three buffer crossings: two perpendicular buffer crossings of tributaries to Tabbs Creek and one perpendicular crossing of Tabbs Creek at the existing bridge. Additionally, there are parallel impacts (for approximately 0.5 miles) to the buffer of an another tributary to Tabbs Creek. Construction of this roadway project will have significant amounts of riparian buffer impacts as much of the existing roadway is within the riparian buffer. The NCDOT has met several times with NCDENR-DWQ over the past two years to discuss the project and various attempts to minimize impacts to the riparian buffer. These are addressed below: May 28, 2003 - NCDOT Division 5 personnel met on-site with Bob Zarzeki and Steve Mitchell to discuss construction limitations at the site. Specifically, portions of the existing roadway are located within the riparian buffer and the existing roadway is also adjacent to a very high cut section. Attempts to shift the roadway away from the riparian buffer would have resulted in blasting and heavy grading through the cut section which would have been difficult to stabilize. Additionally, the proposed alignment is controlled by the existing bridge over Tabbs Creek and numerous sharp curves in the existing roadway alignment. Division 5 personnel presented some preliminary designs to personnel from the NCDENR- DWQ. August 12, 2003 - NCDOT Division 5 personnel meet on-site with John Hennessy and Steve Mitchell to further discuss preliminary designs for the roadway project. Two preliminary designs were discussed at the meeting. NCDENR-DWQ personnel indicated that the preferred design would keep the proposed roadway near the existing footprint of the roadway and shift impacts away from the riparian buffer where possible. The exact location of the existing transportation facility was identified during this meeting. The NCDOT committed to removing the existing gravel roadbed in the riparian buffer where possible and stabilizing with herbaceous vegetation. July 7, 2004 - NCDOT personnel Mike Kneis and Chris Murray met with John Hennessy and Nikki Thomson at the NCDENR-DWQ office to discuss the final design. John Hennessy approved the avoidance and minimization efforts undertaken on the roadway project. Additionally, the stormwater design was approved at the meeting. It was determined to separate the buffer impacts along the roadway project into three separate sites. Site 2 and Site 3 would be considered allowable and Site 4 would be considered allowable with mitigation. f Ot 5 Compensatory Mitigation: For unavoidable impacts to wetlands, streams, and riparian buffers, NCDOT proposes to meet mitigation requirements by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Compensatory mitigation requirements will be assimilated on a quarterly basis and provided to the EEP for their acceptance with a copy provided to the USACE for verification and accounting purposes. NCDOT requests the following amounts of for mitigation: 96 ft streams, 32,047.5 ft' buffers, and 0.02 acre wetlands. Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act. As of January 29, 2003, the dwarf wedgemussel (Alasmidonta heterodon), bald eagle (Haliaeetus leucocephalus), smooth coneflower (Echinacea laevigata), and harperella (Ptilimnium nodosum) are listed as federally protected species in Granville County. Tabbs Creek and the unnamed tributaries to Tabbs Creek crossing this road project do not provide suitable habitat for harperella. Ed Harris Road is not adjacent to nor is it surrounded by open water suitable of supporting foraging habitat for the bald eagle. The roadway shoulders along Ed Harris Road are regularly maintained from the gravel to the woods line, eliminating the possibility for smooth coneflower to exist in this area. Smooth coneflower was not observed during the site visit on July 20, 2004. Additionally, a review of the Natural Heritage Program database (last updated April 2005) revealed no occurrences of protected species within the project area. Therefore, based on lack of suitable habitat observed during the site visit and the NHP database review, biological conclusions of No Effect have been rendered for each of these species. This roadway project crosses Tabbs Creek by a bridge as well as piped sections of three unnamed tributaries. No known occurrences of dwarf wedgemussel are on record for this project site. However, Tabbs Creek does empty into the Tar River where known populations of dwarf wedgemussel exist. Tabbs Creek was surveyed by biologists from the Catena Group on September 30, 2003. Please note that the mussel survey was conducted within Tabbs Creek itself since the UTs to Tabbs Creek are small. The subsequent survey report indicated the presence of a viable mussel population and that rare species (Elliptio spp. and Strophitus undulatus) are present within the project area. However since the dwarf wedgemussel was not found during this survey, it was concluded that project construction is "Not Likely to Adversely Affect" the dwarf wedgemussel. NCDOT has obtained concurrence from the U.S. Fish and Wildlife Service on the findings of this report (see Appendix Three for mussel survey report and concurrence letter). Historical Compliance This project has been screened by all pertinent parties to ensure historic compliance. 6 Summary NCDOT proposes to upgrade and pave SR 1609 (Ed Harris Road) in Granville County. Impacts to one wetland site, three stream crossings, and three buffer sites are proposed. Compensatory mitigation requirements for unavoidable impacts will be fulfilled by payment through EEP. Application is hereby made for a Department of the Army Section 404 Nationwide Pen-nit (NWP) 14, NWP 33, and NCDENR-DWQ Section 401 Water Quality Certification (WQC) No. 3404, WQC No. 3366, and riparian buffer authorization for above-described activities. An automated payment procedure has been implemented between the NCDOT and NCDWQ. This procedure will enable the Division to apply for the 401 WQC without submitting a check for this permit application. This procedure will provide payment to the NCDWQ by charging the permit application fee of $200.00 directly to the appropriate NCDOT WBS element 5C.039019. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact Ms. Heather Montague at (919)560-6081. Sincerely, ? __):? - Ae? on G. Nance, P.E. Division Engineer cc: Ms. Nicole Thomson, NCDWQ Mr. Battle Whitley, P.E., NCDOT Mr. Mike Harris, NCDOT Ms. Katie Simmons, NCDOT ,%b 't ? lie eX fC4 W. Begin Project i4l J`",t t? !r r 46 ? I t Site 14O S t ` ite 2 s ' 'Site 4 _ End Project Wetland UT I ) F1 I UT 3 Site 2 w•• ?` - 4 »iJ?4 F. 74, k ?`. \. , ?P 1 °'• Site 2 Site C' Buffers Buffers 1 ' ??'? ', `?,• - Site 3 -= '? ??, S~b `',,;,;?•. i' : 'i r`- 14 , Buffers , i t P 409. 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' o d y w m Va8 oe ?GyVaC; tla Site 4 r. 2 r nt.; C B` , Y e i o Va C r 1 w Buffers u: CaB i1 C t p ?J z} a C A n 6i 1 ?: Y.; F. , 161J ?:T n' Oar VaB z.. 1600 Va6 Site 2 Buffers Buffers w .. IC. ? ? r v v B L.J •RW? ?m •3` ? „ ?a Paf * ;,a - ? ? ? .- ? WeB •S,' WeC ?. ,• ti ?'• P '? " WeB CaB± , FAN v CC f d 0 Pad `' r h s ' h7s nC ° 'a '`:t,• ? N CaB CCBG' °e.a? lL 9 J , , a ? . w N r?• ? WeB e? `a f t ? ?gx ? . t?J a ` } f) ,?. U at. !WCC _ {'... t '..c. AB xa. I w S. T 4 •,a Office Use Only: 050848 1 r,», x;011 M` 9 USACE Action ID No. DWQ No. r ?G f?U' Q ?? (If any particular item is not applicable to this project, please enter "Not Applicable" or _ ".) Processing 1. 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and NWP 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. I1" your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? Applicant Information 11. 1. Owner/Applicant Information Name: NCDOT Division 5 Jon G. Nance Mailing Address: 2612 N. Duke St. Durham NC 27704 Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: JNance ci)dot.state.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Proposed pine extension of two structures and the replacement of one structure conveying, unnamed tributaries to Tabbs Creek in association with upgrading and paving SR 1609 (Ed Harris Rd) in Granville County. 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Granville Nearest Town: Oxford Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Oxford at the 1-85/Hwy 96 junction travel South on Hwy 96 for approximately 1 mile and turn left onto Fairport Road Travel on Fairport Rd for approximately 1.5 miles and make a left onto Dorsey Road Stay with Dorsey Road and travel 1.5 miles then make a right onto SR 1609 (Ed Harris Road). 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists th e coordinates for each cross ing of a distinct waterbody.) Decimal Degrees (6 digits minimum): Site 1 Wetlands: 36.2658 ON 78.5284 °W Site 2 Buffers: 36.2649 ON 78.5225 °W through 36.2644 ON 78.5204 " W Site 2, UT 1: 36.2648 ON 78.5215 "W Site 2, UT 2: 36.2645 ON 78.5209 °W Site 3 Buffers: 36.2644 ON 78.5199 "W Site 4 Buffers: 36.2643 ON 78.5194 °W through 36.2662 ON 78.5114 " W Site 4, UT 3: 36.2653 ON 78.5162 °W 6. Property size (acres): 10 7 acre (1.47 7 acre 47 mi) Page 2 of 9 7. Namc of nearest receiving body of water: Tabbs Creek 8. River Basin: Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site is surrounded by wooded areas and agricultural land. 10. Describe the overall project in detail, including the type of equipment to be used: Grade, drain pave and erosion control at SR 1609 (Ed Harris Road). The NCDOT will also dewater the UT work sites during construction. Equipment may include excavator, backhoe, bulldozer, gEader, and crane 11. Explain the purpose of the proposed work: The project is part of the 2004-2005 secondary road paving program. The existing gravel roadway will be paved with asphalt. 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 selnnents 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. 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) Page 3 of 9 w should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: See cover letter for a thorough description of the proposed impacts at each site. The NCDOT will also dewater the UT work sites during construction. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For darns, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 00-year 1 Floodplain Nearest Stream Impact (acres) on map) herbaceous, bog, etc.) (yes/no) es/no) (linear feet) Site I Fill in Wetland Drainageway Wetland No 1,100 ft 0.02 Total Wetland Impact (acres) 0.02 3. List the total acreage (estimated) of all existing wetlands on the property: 0.02 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multi 1 length X width, then divide by 43,560. Stream Impact Perennial Average Impact Area of Number Stream Name Type of Impact Intermittent' Intermittent'? Stream Width Length Impact (indicate on ma) . Before Impact linear feet) (acres) Site 2 UT I, Tabbs Creek Fill (piped length) Intermittent I ft 24 0.0006 Rip rap armoring 20 N/A along stream bank Temporary 44 N/A dewatering concurrent 4 ft Site 2 UT 2, Tabbs Creek Fill (piped length) Perennial 12 0.001 Rip rap armoring 20 N/A along stream bank Temporary 32 N/A dewatering concurrent 1 ft Site 4 UT 3, Tabbs Creek Fill (piped length) Intermittent 12 0.0003 Rip rap armoring 20 N/A along stream bank Temporary 32 N/A dewatering concurrent Total Stream Impact (by length and acreage) 108 0.002 Page 4 of 9 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on map) ocean, etc.) (acres) N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.002 Wetland Impact (acres): 0.02 Open Water Impact (acres): NONE Total Impact to Waters of the U.S. (acres) 0.022 Total Stream Impact (linear feet): 108 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. 8. 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.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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 Page 5 of 9 techniques to be followed during construction to reduce impacts. See cover letter for a thoroup*h discussion of avoidance and minimization for this project VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Drag Technical Guide for Stream Work in North Carolina, available at littp://Ii1)o.enr.state.nc.us/ncwetlands/stn-ngide.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. NCDOT proposes to meet mitigation requirements by payment into the North Carolina Ecosystem Enhancement Program (NCEEP) Compensatory mitigation requirements will be assimilated on a -quarterly basis and provided to the EEP for their acceptance with a copy provided to the USACE for verification and accounting purposes 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP Page 6 of 9 website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 96 ft Amount of buffer mitigation requested (square feet): 32,047.5 ft' Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): 0.02 acre Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? Page 7 of 9 2. If "yes", 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. Site 2 Zone* Impact (square feet) Multiplier Required Mitigation 1 4,892 3 (2 for Catawba) N/A 2 3,420 1.5 N/A Total 8,312 N/A * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Site 3 Zone* Impact (square feet) Multiplier Required Mitigation 1 447 3 (2 for Catawba) N/A 2 670 1.5 N/A Total 1,111 N/A * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Site 4 Zone* Impact (square feet) Multiplier Required Mitigation 1 2,470 3 (2 for Catawba) 7,410 2 16,425 1.5 24,637.5 Total 18,895 32,047.5 * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. A total of 32,047.5 R2 of mitigation will be for the miti rt proposes to provide mitigation by paMent into the North Carolina Ecosystem Enhancement Program (NCEEP) at a cost of $0.96 per square foot. XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Existing: 3.2 acre impervious surface (avg 18 foot wide gavel road) of 10.7 acre (1.47 mi) total proiect size. Proposed: 3.6 acre impervious surface (proposed 20 foot wide asphalt paved road) of 10.7 acre (1.47 mi) total project size. Erosion and sediment control devices along the project are comprised of temporary rock silt Page 8 of 9 checks, temporary silt basins, temporary silt fence, a performed scour hole at STA 50+00, and grassed swales. The NCDOT proposes to install temporary erosion and sediment control devices in Zone 1 and Zone 2 of the riparian buffer. The temporary structures will be removed once the vegetation has been established and then seeded with a seed mixture of fescue and bahia grass. Please note that the placement of these structures and their associated impacts are included within the site totals listed above. XII. Sewage Disposal (required by DWQ) 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. This project will not generate wastewater. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Upgrading SR 1609 will not result in additional development. XV. 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). _,? • P I I L•45 _e; 113! 0,5 4plicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 O w V , MAT HC LINE STA. 34 +50 0 0 a ; Z 3 Z J Y J ? W x V) ? t j \ ~ 3 U QC3 W . \ 1 1' W _ U x o \ \ H y uj = j w \ C H LL LLJ Q) ? _ e O H ON`- o a boo a LL U) 0 L9 co rn LO LL n N D RC I .? r U L R ? to V X N LLI lal p_ CQ LL zaO? XNl/l- w .r 3 QQW-1 J S ? "- l?l O ¢ S O 1- r- O W r- ? > W K O R ul W LQ R ? W W H d O Q U a 05f /? d1S d \I 3N/7 HOlb'lN 1?1 O W (S? a MATCH LINE Sta.53+00 \ (? •:) o q o. co co ¢ N Q Q N OCD a_. ._ I N? 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O m 0 u -? + + + + + + + + + + " Ln rO r` a_ LI ?c L n LLn Ln N C L) l0 lD C9 r- co CO Ln D D - O Q Q Q Q Q Q Q Q Q a U L f- I- F - I- f - F- I- Z CD U) (n Ln N (n V) (n (/) Cn Cn i I J ! + 0 I `o nl _I vl NI 0 ( D O V Ln o g i 00 Q ?? 00 N oc a r0 O?- L S z u C w J LLJ V5X -9, °«y a s J LL) ?S p Ln 5: 7i 0 z 3F "t;, w J Cg mhi N? ? m ! ?? Sal w 3 ° o ? o w ? u r °9 I^ C mm c?? oy ni w oo a b`? ?c? "? ?v 0 ?L W O Z Li, O ?y W r? V J J J O p V1 N LL ? \ Q? m < V ? LL ? N N r N O iD O v M - II W O II ,I it II O N 1- V1 Q N " N O O O O Q O S J V I O O + Q N O j > H 2 O S J O + ? LL LL U N LL ti Q J N M Q U ?- LL O ? O ? P ? 1- O M N Q N O VI _ _ II I II W „ O N 11 O 1 V/ G V N O O O Q O S J ? j O O > U , O O ll'I Q VI S m J O Vt W P + VI LL ? V1 \ ? LL U ? ? F- H LL LL J Q Q LL m N N O O LL m O m 10 N I I o N W O u u n _ " p " o ut ?' an N ? 0 O a ? J a o O N > > O O O M u'I Q V1 LL W J J O V N + V a? Q U r LL LL O r` LL O N ? P M M N F- '? V? O M _ N M O O M N m N II O W O II N ? II ,I N 'I O 'I O N O O N O _ O O_ > O J cr u j o 0 M Q N W J O n ? + W + ? N LL \ ' O Q m U Q ? U N V I- LL LL 3 0 N lO ?`' pm P O O VI O m O lD lD M O - O N II w O II - ti II II _ II II VI '- O O Vi J Q O N N N O > O O O_ O > S U O O t- Q V, N H LL W J J O ? O V1 ? ? , W + N \ LL H Q? UQ U ? ? U LL LL ? Q ? LL V1 ? lp Vt N p• m O ?: M II O II - (\j II II O w O II ,I II N ?- Vl Q N II N O_ O O Q I O O N ? O S J > > U ' O M ?D Q N W J J O V1 M Ut N \ + U1 4 W ,n LL ? F- U I- LL 3?? Q O " LL P O P N Q 00 P lD _ V1 lD O 10 M N II ? II - u II n w o II „ - o r- v. Q N No 0 o 0 Q I O p j O > c J O P ID l Q N F- W J J O V1 ? N \ r- + W V) V LL I- LL P Q V {n Q W U \ I- ?y U LL O Q N ? LL O V1 ? O M I +1 N P N O V/ II _ ,I II W O Q J p N O N > O O O O O O 0 N ID Q r N l u J J O N t,'1 N V) \ ? LL 9 G U F- LL i G O N ip W a0 P N r Vl .- O m p N P t?'1 ? Vl lD - tp 11 '1 N II W O '? , u J II O ? •- N N II N p O O Q I ? O j O O > J O O m N l.. J N V) W m lNi m ? ?' LL U ~ W J m Q V Q U r W D LL P 3 Q O n N - N ~ O O i Vl ul I+i N II O N L' P 1- I II W 0 „ II I II o N r- N Q N II N O O O Q O O N > O O j S J U I O m r Appendix One (Photographs 1-8) U u 70? A. ? s•!? `F.- 'fir} ris t-..o? : b-i a •?t/ ????? ? ? 11 '-• " a<teTA; .?? Jig-?: , ?t ?.'r, ` ' ?5: a?j` <{ ?? °r'ff• ; ??•`1 i< i Photograph 1. Wetland at Site 1 to lip a? Photograph 2. Wetland at Site 1 look STA 32+90, SR ? y ll. llfl l Photograph 3. View of UT 1 inlet at Site 2. Photograph 6. View of UT 2 outlet at Site 2. STA 56+75, SR 1609 (Ed Harris Road) - Granville County Photograph 5. View of UT 2 inlet at Site 2. Photograph 7. View of UT 3 inlet at Site 4. Photograph 8. View of UT 3 outlet STA 73+40, Appendix Two (USAGE Wetland Delineation forms/ DWQ rating sheets) DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project l Site: Date: 2 ! o Applicant / Owner: A !V 5, County: Investigator: State: A c Do normal circumstances exist on the site? Yes No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No Transect ID: Is the area a potential problem area? Yes No iZ Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species r m Indicator Dominant Plant Species Stratum Indicator 1. ,/u ne li E !f NS?ls N 'If " 9. 4. '7` I I C 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are/are not Classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was taken... HYDROLOGY - Recorded Data (Describe In Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gauge Aerial Photographs Prima Indicators: Other Inundated _ 1-Saturated in Upper 12" No Recorded Data Available - Water Marks _ Drift Lines Field Observations: _ Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: ) Water-Stained Leaves _ Local Soil Survey Data Depth to Saturated Soil: - (in.) _ FAC-Neutral Test _ Other (Explain in Remarks) Remarks: 1 SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colon - Mottle Colors Mottle Texture, Concretions, (Inches) Horizon L ll Moist) (Munsell Moist) Abundance/C t t . on ras Structure. etc. - ..- ?` lrw. I ?U? ???? L Hydric Soil indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content In Surface Layer In Sandy Soils _ Sulfidic Odor Organic Streaking In Sandy Soils - Aquic Moisture Regime Listed On Local Hydric Soils List - Reducing Conditions Listed on National Hydric Soils List L,- Gleyed or Low-Chroma Colors _ Other (Explain In Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No Is the Sampling Point Wetland Hydrology Present? Yes 'No Within a Wetland? Yes II/NO- Hydric Soils Present? Yes ? No Remarks: Location (describe) Is/is not classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. DATA FORM ROUTINE WETLAND DETERMINATION { ?o (1987 COE Wetlands Determination Manual) Project I Site: - s / Date: Applicant/Owner: County: C Investigator. N ?? r State: Do normal circumstances exist on the site? Yes No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No_1?-L Transect ID: Is the area a potential problem area? Yes No Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 2. 10. 3. 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are/are not Classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was taken... f- HYDROLOGY _ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: Other _ Inundated -Saturated In Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits _ Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: (?. Water-Stained Leaves _ Local Soil Survey Data Depth to Saturated Soil: (in.) _ FAC-Neutral Test _ Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors - Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist). Abundance/Contrast Structure, etc. ° l0 Hydric Soil" Indicators: - Histosol _ Concretions Histlc Epipedon High Organic Content In Surface Layer In Sandy Soils _ Suifldlc Odor Organic Streaking In Sandy Soils _ Aqulc Moisture Regime Listed On Local Hydric Soils List _ Reducing Conditions Listed on National Hydric Soils List - Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No Is the Sampling Point / Wetland Hydrology Present? Yes No Within a Wetland? Yes_ No Hydric Soils Present? Yes No Remarks: Location (describe) is/is not classified as a wetland based upon the criteria set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. ?.. ? 9 ! i ?. wfci '?L c y :: aY '• " L Y1 r ? - y f ., j < ''. a yYL i 'f`y fi Qi ?. ??.: y . i S, ,.?:.,i? , ?.E:.. 'S . -L`4?y ... ,.sv?i.???.. 'ifi.?il>? , )y}t, t? ertf4( •,`•.L"ii. <ty 4'A13Wy' y5 y .; :k< t ? .. .: <+5.... Li3.3?rM>/. <.• ?.:. :::.t / Project Name Nearest Road _ S? <' ?/n .' ??? County 'Wetland Area ac{es Wetland Width feet Name of evaluator ?i•: ; r i ' `? chi 1, 17 r/ _--- Date -,? 0S- Wetland Location on pond or lake on perennial stream on intermittent stream within interstream divide ?other Soil series predominantly organic - humus, muck, or peat predominantly mineral - non-sandy predominantly sandy Hydraulic factors steep topogr aphl ditched or channelized total wetland width 2100 feet Adjacent land use (within 1/2 mile upstream, up-slope, or radius) _' forested/natural vegetation 61° % agriculture, urban/suburSan I % ? impervious surface 5 % Dominant vegetation (2) (3) Flooding and wetness _ semipermanently to permanently flooded or inundated seasonally flooded or immdated -"'Intermittanly flooded or temporary surface water no evidence of flooding or surface water Wetland type (select one)* Bottomland hardwood forest Pine savanna Headwater forest Freshwater marsh Swamp forest Bog/fen Wet flat Ephemeral wetland Pocosin _ Carolina Bay Bog forest - L-father %'i ' *the rating system cannot be applied to salt or brackish marshes or stream charnels R A T I N G Water storage 2 x 4.00 = Bank/Shoreline stabilization x 4.00 = Pollutant removal * x 5.00 = Wildlife habitat x 2.00 = Aquatic life value x 4.00 = Recreation/Education x 1.00 = weight ?- Wetland *Add 1 point if in sensitive watershed and >10% nonpoint disturbance within 112 mile upstream, -----upsloMe_ or radius----------------------------------------------------------------------------------------- Appendix Three (Catena mussel survey report/ USFWS concurrence letter) The Catena Group 4146 Mllsbone Drive Fillsbmuoi, NC 27278 (919) 732-1300 Freshwater Mussel Survey SR 1609 over Tabbs Creek Granville County North Carolina Prepared For: Earth Tech 701 Corporate Center, Suite 475 Raleigh, NC 27607 Prepared By: The Catena Group Hillsborough, North Carolina January 12, 2004 N" 9n lz,5;() ?p(L Timothy W. Savidge INTRODUCTION The North Carolina Department of Transportation proposes to replace the bridge over Tabbs Creek on SR 1609 (Ed Hicks Road) in eastern Granville County, North Carolina (Figure 1). Tabbs Creek occurs within the Tar River Basin. The federally endangered dwarf-wedge mussel (Alasmidonta heterodon) is listed by the US Fish and Wildlife Service (USFWS) as occurring in Granville County, and is known to occur in Tabbs Creek downstream of the project crossing. In addition to the dwarf-wedge mussel, there are several other rare freshwater mussel species known to occur in upper Tar River basin. These include the Atlantic pigtoe (Fusconaia masoni), yellow lance (Elliptio lanceolata), yellow lampmussel (Lampsilis cariosa), the green floater (Lasmigona subviridis), triangle floater (Alasmidonta undulata), creeper (Strophitus undulatus), eastern lampmussel (Lampsilis radiata), and the notched rainbow (Villosa constricta). The Atlantic pigtoe, yellow lance, yellow lampmussel, and green floater are Federal Species of Concern and are considered Endangered in North Carolina. The triangle floater, creeper, and eastern lampmussel are considered Threatened in North Carolina and the notched rainbow is considered Special Concern. WATERS IMPACTED: Tabbs Creek The proposed project will impact Tabbs Creek, which arises approximately 6 miles upstream of the crossing and flows into the mainstem of the Tar River approximately 11 river miles downstream of the project crossing south of Kittrell, NC. There were two distinct aquatic environments in the survey reach at the time of the September 30, 2003 survey. From 400 meters downstream to 10 meters downstream of the project crossing, the creek was approximately 6 meters (18 feet) in width with 3.5 meter (10.5 feet) high banks. The creek was deeply incised below the bridge. The substrate in this environment was mostly sand, with occasional gravel and clay banks. The depth ranged between 6 inches to 1 foot deep in this stretch. From 10 meters downstream to 100 meters upstream of the project crossing, the creek has been impounded by beavers. The depth within the impounded area ranged from 3-4 feet in depth. The substrate within the impounded area showed a significantly greater sediment accumulation. SPECIES DESCRIPTION Alasmidonta heterodon (dwarf-wedge mussel) Status: Endangered Family: Unionidae Listed: March-14-1990 Characteristics The dwarf-wedge mussel (Alasmidonta heterodon) (DWM) was originally described as Unio heterodon (Lea 1829). Simpson (1914) subsequently placed it in the TCG-Freshwater Mussel Survey SR 1609 over Tabbs Creek, Granville County, NC 1A N A • t ? N i G R `N V I L E ` /.. `J l K• :;IJ •:?__ <J?. `tea ? . '?'?H I 56 ' 4 9 Project Location ?`, ?? i1? :• ? ',- ? _ ' 413 - • ? • I 0 0.25 0.5 1 ` . r Miles Date: Figure 46- The December 2003 t Location Pro Catena jec Scale: Group SR 1609 over Tabbs Creek As Shown Granville County, North Carolina Job No.: -,__ 3019 genus Alasmidonta. Ortmann (1914) placed it in a monotypic subgenus Prolasmidonta, based on the unique soft-tissue anatomy and conchology. Fuller (1977) believed the characters of Prolasmidonta warranted elevation to full generic rank and renamed the species Prolasmidonta heterodon. Clarke (1981) retained the genus name Alasmidonta and considered Prolasmidonta to be a subjective synonym of the subgenus Pressodonta (Simpson 1900). The specific epithet heterodon, refers to the chief distinguishing characteristic of this species, which is the only North American freshwater mussel that consistently has two lateral teeth on the right valve and only one on the left (Fuller 1977). All other laterally dentate freshwater mussels in North America normally have two lateral teeth on the left valve and one on the right. The DWM is generally small, with a shell length ranging between 25 mm and 38 mm. The largest specimen ever recorded was 56.5 mm long, taken from the Ashuelot River in New Hampshire (Clarke 1981). The periostracum is generally olive green to dark brown; nacre bluish to silvery white, turning to cream or salmon colored towards the umbonal cavities. Sexual dimorphism occurs in DWM, with the females having a swollen region on the posterior slope, and the males are generally flattened. Clarke (1981) provides a detailed description of the species. Little is known about the reproductive biology of the DWM; however nearly all freshwater mussel species have similar reproductive strategies, which involves a larval stage (glochidium), that becomes a temporary obligatory parasite on a fish. Many mussel species have specific fish hosts, which must be present to complete their life cycle. Based upon laboratory infestation experiments, Michaelson (1993) determined that potential fish hosts for the DWM in North Carolina include the tesselated darter (Etheostoma olmstedi) and the Johnny darter (E. nigrum). McMahon and Bogan (2001) and Pennak (1989) should be consulted for a general overview of freshwater mussel reproductive biology. Distribution and Habitat Requirements The historic range of the DWM was confined to Atlantic slope drainages from the Peticodiac River in New Brunswick, Canada, south to the Neuse River, North Carolina. Occurrence records exist from at least 70 locations, encompassing 15 major drainages, in 11 states and 1 Canadian Province (USFWS 1993). It is currently believed to have been extirpated from all but 36 localities, 14 of them in North Carolina (USFWS 1993). Strayer et al. (1996) conducted range-wide assessments of remaining DWM populations, and assigned a population status, to each of the populations. The status rating is based on range size, number of individuals and evidence of reproduction. Seven of the 20 populations assessed are considered "poor", and two others are considered "poor to fair" and "fair to poor" respectively. In North Carolina populations are found in portions of the Neuse and Tar River basins. In Granville County this species has been recorded only in the Tar/Pamlico River Basin TCG-Freshwater Mussel Survey SR 1609 over Tabbs Creek, Granville County, NC The DWM inhabits creeks and rivers of varying sizes (down to approximately 2 meters wide), with slow to moderate flow. A variety of preferred substrates have been described that range from coarse sand, to firm muddy sand to gravel (USFWS 1993). In North Carolina they often occur within submerged root mats along stable streambanks. The wide range of substrate types used by this species suggests that the stability of the substrate is likely as important as the composition. Threats to Species The cumulative effects of several factors, including sedimentation, point and non- point discharge, stream modifications (impoundments, channelization etc.) have contributed to the decline of this species throughout its range. With the exception of the Neversink River population in New York, which has an estimated population of over 80,000 mussels, all of the other populations are generally small in numbers and restricted to short reaches of isolated streams. The low numbers of individuals and the restricted range of most of the surviving populations make them extremely vulnerable to extirpation from a single catastrophic event or activity (Strayer et al. 1996). Catastrophic events may consist of natural events such as flooding or drought, as well as human influenced events such as toxic spills associated with highways or railroads. Siltation resulting from improper erosion control of various land usage, including agricultural, forestry and development activities has been recognized as a major contributing factor to degradation of mussel populations (USFWS 1996). Siltation has been documented to be extremely detrimental to mussel populations by degrading substrate and water quality, increasing potential exposure to other pollutants, and by direct smothering of mussels (Ellis 1936, Marking and Bills 1979). Sediment accumulations of less than one inch have been shown to cause high mortality in most mussel species (Ellis 1936). In Massachusetts, a bridge construction project decimated a population of DWM, because of accelerated sedimentation and erosion (Smith 1981). Sewage treatment effluent has been documented to significantly affect the diversity and abundance of mussel fauna (Goudreau et al. 1988). Goudreau et al. (1988) found that recovery of mussel populations may not occur for up to two miles below points of chlorinated sewage effluent. The impact of impoundments on freshwater mussels has been well-documented (USFWS 1992a, Neves 1993). Construction of dams transforms lotic habitats into lentic habitats, which results in changes with aquatic community composition. The changes associated with inundation adversely affect both adult and juvenile mussels as well as fish community structure, which could eliminate possible fish hosts for glochidia. Muscle Shoals on the Tennessee River in northern Alabama, once the richest site for naiads (mussels) in the world, is now at the bottom of Wilson Reservoir and covered with 19 feet of muck (USFWS 1992b). Large portions of all of the river basins within the DWM's range have been impounded and this is believed to be a major factor contributing to the species decline (Master 1986, USFWS 1993). TCG-Freshwater Mussel Survey 4 SR 1609 over Tabbs Creek, Granville County, NC The introduction of exotic species such as the Asiatic clam (Corbicula fluminea) and zebra mussel (Dreissena polymorpha) has also been shown to pose significant threats to native freshwater mussels. The Asiatic clam is now established in most of the major river systems in the United States (Fuller and Powell 1973), including those streams still supporting surviving populations of the DWM. Concern has been raised over competitive interactions for space, food and oxygen with this species and native mussels, possibly at the juvenile stages (Neves and Widlak 1987, Alderman 1997). The zebra mussel, native to the drainage basins of the Black, Caspian and Aral Seas, is an exotic freshwater mussel that was introduced into the Great Lakes in the 1980s and has rapidly expanded its range into the surrounding river basins, including those of the South Atlantic slope (O'Neill and MacNeill 1991). This species competes for food resources and space with native mussels, and is expected to contribute to the extinction of at least 20 freshwater mussel species if it becomes established throughout most of the eastern United States (USFWS 1992 b). The zebra mussel is not currently known from any river supporting DWM populations (USFWS 1993). SURVEY EFFORTS Tabbs Creek is a perennial stream that is known to provide habitat for the dwarf wedgemussel, thus surveys for this and other freshwater mussel species were conducted for NCDOT. Pre- survey Investigation Prior to conducting in-stream surveys, a review of survey work previously conducted in the Sandy Creek drainage was performed. Sources consulted include the North Carolina Natural Heritage Program (NHP) systematic inventory (database) of rare plant and animal species, and the North Carolina Wildlife Resources Commission. The pre-survey searches revealed no records of rare freshwater mussel species within one mile of the SR 1609 crossing of Tabbs Creek. However, the dwarf-wedge mussel has been recorded in Tabbs Creek downstream of the project crossing. Mussel Surveys for this Project Tim Savidge and Shannon Simpson of The Catena Group, Inc., and Ron Johnson of Earth Tech, Inc. visited Tabbs Creek on September 30, 2003. Mussel surveys were conducted from a point approximately 400 meters downstream of the project crossing to a point approximately 100 meters upstream. Methodology and Results Visual (using batiscopes, mask/snorkel) and tactile methods were used to survey for mussels. Water levels were less than one foot deep below the beaver impoundment and ranged from 3 to 4 feet deep in the beaver impounded area. Timed searches were conducted for 3.5 hours (10.5 person/hours) during the September 30, 2003 survey. Mussels were identified, counted and returned to the substrate. Data points were taken at the starting point 400 meters downstream and at the ending point of the survey, 100 TCG-Freshwater Mussel Survey SR 1609 over Tabbs Creek, Granville County, NC meters upstream of Tabbs Creek. Within the survey reach, two freshwater mussel species were found, the creeper (Strophitus undulatus), and Elliptio species (Table 1). The introduced Asian clam was present, but patchy throughout the survey reach. The dwarf- wedge mussel was not found during the survey efforts. Table 1. CPUE for Freshwater Mussels in Tabbs Creek Scientific Name Common Name Number CPUE #/person hr Elli dos . Elli do mussels 412 39.24 Stro hitus undulatus creeper 8 0.76 Discussion The survey results indicate that a viable (multiple age classes observed) mussel population occurs in Tabbs Creek throughout the survey reach and that rare species are present within the project area. Due to the presence of the state Threatened creeper and potential presence of federally protected species, measures should be taken to avoid/minimize impacts to the mussel populations occurring in Tabbs Creek. Since the dwarf-wedge mussel was not found during the September 30, 2003 surveys, it can be concluded that project construction is "Not Likely to Adversely Affect" the dwarf- wedge mussel. It is recommended that NCDOT receive concurrence with this biological conclusion from the U. S. Fish and Wildlife Service, due to the known populations of protected mussel species that occur in Tabbs Creek. LITERATURE CITED Alderman, J.M. 1997. Monitoring the Swift Creek freshwater mussel community. Pages 98-107 in K.S. Cummings, A.C. Buchanan, C.A. Mayer, and T.J. Naimo, eds. 1997. Conservation and Management of Freshwater Mussels II Initiatives for the future. Proceedings of a UMRCC symposium, 16-18 October 1995, St. Louis, Missouri. Upper Mississippi River Conservation Committee, Rock Island Ilinois. 293 pp. Clarke, A.H. 1983. Status survey of the Tar spiny mussel. Final report to U.S. Fish and Wildlife Service with supplement. 63 pp. Clarke, A.H. 1981. The tribe Alasmidontini (Unionidae: Anodontinae), Part I: Pegias, Alasmidonta, and Arcidens. Smithsonian Contributions to Zoology, (326), 101 PP. Ellis, M.M. 1936. Erosion silt as a factor in aquatic environments. Ecology. 17:29-42. TCG-Freshwater Mussel Survey 6 SR 1609 over Tabbs Creek, Granville County, NC Fuller, S.L.H. 1977. Freshwater and Terrestrial Mollusks. In: J.E. Copper et al., (eds.), Endangered and Threatened Plants and Animals of North Carolina. NC State Museum of Natural History, Raleigh, NC. pp. 143-194. Fuller, S.L.H., and C.E. Powell. 1973. Range extensions of Corbicula manilensis (Philippi) in the Atlantic drainage of the United States. Natilus. 87(2):59. Goudreau, S.E., R.J. Neves, and R.J. Sheehan. 1988. Effects of sewage treatment effluents on mollusks and fish of the Clinch River in Tazewell County, Virginia. Final Rep., U.S. Fish and Wildl. Serv. 128 pp. Lea, I. 1829. Description of new genus of the family of Naiades (etc.). Transactions of the American Philosophical Society, new series. 3:403-456. Marking, L.L., and T.D. Bills. 1979. Acute effects of silt and sand sedimentation on freshwater mussels. Pp. 204-211 in J.L. Rasmussen, ed. Proc. of the UMRCC symposium on the Upper Mississippi River bivalve mollusks. UMRCC. Rock Island IL. 270 pp. McMahon, R.F. and A.E. Bogan. 2001. Mollusca: Bivalva. Pp. 331-429. In: J.H. Thorpe and A.P. Covich. Ecology and Classification of North American freshwater invertabrates. 2" d edition. Academic Press. Master, L. 1986. Alasmidonta heterodon: results of a global status survey and proposal to list as an endangered species. A report submitted to Region 5 of the U.S. Fish and Wildlife Service. 10 pp. and appendices. Michaelson, D.L. 1993. Life history of the endangered dwarf-wedge mussel, Alasmidonta heterodon (Lea 1830) (Pelecypoda: Unionidae), in the Tar River, North Carolina and Aquia Creek, Virginia. MS Thesis, Virginia Polytechnic Institute and State University, Blacksburg, Virginia. 122 pp. Neves, R.J. 1993. A state of the Unionids address. Pp. 1-10 in K.S. Cummings, A.C. Buchanan, and L.M. Kooch, eds. Proc. of the UMRCC symposium on the Conservation and Management of Freshwater Mussels. UMRCC. Rock Island IL. 189 pp. Neves, R.J., and J.C. Widlak. 1987. Habitat ecology of juvenile freshwater mussels (Bivalvia: Unionidae) in a headwater stream in Virginia. Amer. Malacol. Bull. 1(5):1-7. O'Neill, C.R., Jr., and D.B. MacNeill. 1991. The zebra mussel (Dreissena polymorpha): an unwelcome North American invader. Sea Grant, Coastal Resources Fact Sheet. New York Sea Grant Extension. 12 pp. TCG-Freshwater Mussel Survey 7 SR 1609 over Tabbs Creek, Granville County, NC Ortmann, A.E. 1914. Studies in najades. Nautilus 28:41-47. Pennak, R.W. 1989. Fresh-water invertebrates of the United States, protozoa to Mollusca Third Edition, John Wiley & Sons, Inc. New York, 628 pp. Simpson, C.T. 1914. A descriptive catalogue of the naiades or pearly freshwater mussels, Vol. 1-3. Bryant Walker, Detroit. Simpson, C.T. 1900. Synopsis of the naiads, or pearly freshwater mussels, Proc. U. S. Natl. Mus., 22: 501-1044. Smith, D. 1981. Selected freshwater invertebrates proposed for special concern status in Massachussetts (Mollusca, Annelida, Arthropoda). MA Dept. of Env. Qual. Engineering, Div. of Water Pollution Control. 26 pp. Strayer, D.L., S.J. Sprague and S. Claypool, 1996. A range-wide assessment of populations of Alasmidonta heterodon, an endangered freshwater mussel (Bivalva:Unionidae). J.N. Am. Benthol. Soc., 15(3):308-317. U.S. Fish and Wildlife Service. 1996. Revised Technical/Agency Draft Carolina Heelsplitter Recovery Plan. Atlanta GA. 47 pp. - U.S. Fish and Wildlife Service. 1993. Dwarf-wedge Mussel (Alasmidonta heterodon) Recovery Plan. Hadley, Massachusetts. 527 pp. U.S. Fish and Wildlife Service. 1992a. Special report on the status of freshwater mussels. U.S. Fish and Wildlife Service. 1992b. Endangered and Threatened species of the southeast United States (The red book). Prepared by Ecological Services, Div. of Endangered Species, Southeast Region. Government Printing Office, Wash. D.C. 1,070 pp. U.S. Fish and Wildlife Service. 1992c. Tar spinymussel (Elliptio (Cathyria) steinstansana) Recovery Plan. Atlanta, Georgia. 34 pp. f TCG-Freshwater Mussel Survey 8 SR 1609 over Tabbs Creek, Granville County, NC APPENDIX A: Photographs of Mussel TCG-Freshwater Mussel Survey SR 1609 over Tabbs Creek, Granville County, NC Elliptio spp. In Tabbs Creek SR 1609 1 l 5 TCG-Freshwater Mussel Survey SR 1609 over Tabbs Creek, Granville County, NC I ? United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 May 12, 2005 Heather Montague North Carolina Department of Transportation Division 5 2612 N. Duke Street Durham, North Carolina 27704 Dear Ms. Montague: This letter is in response to your letter of May 4, 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 improvements to SR 1609 (Ed Harris Road) in Granville County may affect, but are not likely to adversely affect the federally endangered dwarf wedgemussel (Alasmidonta heterodon). 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 the information provided, SR 1609 will be graded and paved, and three pipe culverts will be extended or replaced. It is understood that the existing bridge over Tabbs Creek will not be replaced; however, there is a statement to the contrary in the attached mussel survey report from the Catena Group. The three culvert extensions/replacement are on small tributaries to Tabbs Creek. The tributaries are too small to support mussel fauna. According to the information provided, a mussel survey was conducted in Tabbs Creek on September 30, 2003. The survey extended 400 meters downstream of the existing SR 1609 bridge crossing and 100 meters upstream of the crossing. No dwarf wedgemussels were observed during the survey. Based on the information provided and other information available, and given the fact that no work will occur in Tabbs Creek, the Service concurs with your determination that the proposed project may affect, but is not likely to adversely affect the dwarf wedgemussel. 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 (919) 856-4520 (Ext. 32). nc re y, Pete ?jamin? Ecological Services Supervisor cc: Eric Alsmeyer, USACE, Raleigh, NC Nicole Thomson/Christina Breen, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC