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HomeMy WebLinkAbout19991470 Ver 1_Complete File_20000221A State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor NCDENR Bill Holman, Secretary Kerr T. Stevens, Director Mr. William D. Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC, 27699-1548 July 7, 2000 Dear Mr. Gilmore: Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed NC 109 from south of I-85 Business to south of SR 1800 (Midway School Rd.). Federal Aid Project No. STP-109(1); State Project No. 8.1600901, TIP R-2568A. WQC Project No. 991470, COE ID 199700601 Davidson County Attached hereto is a copy of Certification No. 3296 issued to The North Carolina Department of Transportation dated July 7, 2000. If we can be of further assistance, do not hesitate to contact us. Attachments Pc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office DWQ Winston-Salem Regional Office File copy Central Files Sincerely, Stevens S M F f ?? Wetlands/401 Unit " 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper .. I NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. This certification authorizes the NCDOT to place fill material in 1.28 acres of jurisdictional wetlands, 0.07 acre of impacts to wetlands from mechanized clearing, 0.31 acre of fill in surface water, 2,682 linear feet of impact to streams (perennial and intermittent streams, including 197 feet of stream relocation) and 2,485 linear feet of stream loss in Davidson County. The project shall be constructed pursuant to the application filed on the 14th day of September 1999 to improve and relocate NC 109 in Davidson County from south of I-85 Business to south of SR 1800 (Midway School Road). Construction of a four-lane divided facility will be on new location and include a new interchange with I-85 Business. The application provides adequate assurance that the discharge of fill material into the waters of Hunt's Fork and its unnamed tributaries in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice. Should your project change, you are required to 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, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are. required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Certification: 1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices) shall be utilized to prevent exceedence of the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout waters); 2. All sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored after the Division of Land Resources has released the project; 3. If an environmental document is required, this Certification is not valid until a FONSI or ROD is issued by the State Clearinghouse; 4. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 5. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this certification without appropriate modification of this certification. 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. 6. Compensatory mitigation shall be performed for 1.35 acres of wetlands at a ratio of 2:1 and for 2,279 linear feet of jurisdictional stream impacts . We understand that you have chosen to complete off-site via the Shepherd's Tree Mitigation Site in eastern Iredell County. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUN,r JR. DAVID MCCOY GOVERNOR SECRE'rARY June 16, 2000 _? ?. . Department of Environment, and Natural Resources 2 6 ?000 Division of Water Quality-Wetlands _ 1621 Mail Service Center Raleigh, North Carolina 27699-1621,Aip?I.', Attention: Mr. John Dorney Wd2G 32_%o Subject: Davidson County, NC 109, from south of I-85 Business to south of SR 1800 (Midway School Road); Federal Aid No. STP-109(1); State Project No. 8.1600901; TIP No. R-2568 A; USACE Action Id No. 199700601; NCDWQ No. 991170. The North Carolina Department of Transportation (NCDOT) received a letter dated April 3, 2000 from the North Carolina Division of Water Quality (NCDWQ). This letter requested additional information regarding maps/permit drawing for impacts at Sites 4 and 7 as well as avoidance/minimization of waters of the United States. A permit drawing for Sites 4 and 7 have been attached to this letter. Avoidance/Minimization of Impacts to Waters of the United States Wetland and stream impacts would be avoided only if the project were not constructed; however, this is not practical. The existing I-85 (Business) interchange with NC 109 needs revision for capacity and structural reasons. The traffic handling capacity of the existing interchange is limited by the two-lane structure and approaches. Projected traffic volumes by not constructing the project will result in level of service F at the existing interchange. Level of service F refers to traffic volumes exceeding the handling capacity of NC 109 leading to increased congestion. In addition, the existing bridge carrying NC 109 over I-85 Business was built in 1950 and has a sufficiency rating of 39.5 out of a possible 100. The current vertical clearance below this bridge is 14'-3" which does not meet current design standards. A capacity analysis determined traffic operations on existing NC 109 currently operate at capacity (level of service E with 1999 traffic). Increasing traffic volumes will exceed the handling capacity of NC 109 leading to increased congestion (level of service F). Traffic volumes are projected to nearly double in the next 20 years. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX. 919-733-9794 TRANSPORTATION BUILDING 1548 MAIL SERVICE CENTER 1 SOUTH WILMINGTON STREET RALEIGH NC 27699-1548 WEBSITE: WWW.DOH.DOT.STATE. NC.US RALEIGH, NC With the proposed improvements to NC 109, the new interchange will operate at level of service B or better through the year 2020. An analysis of the NC 109 mainline shows the additional through-lanes will allow the NC 109 mainline to also operate at level of service B (stable flow of traffic) or better through the year 2020. Regarding alternatives, the new interchange is located to the east of the existing interchange location. To construct a functional interchange, a much wider footprint is required than is available at the existing location. Expanding or reconfiguring the existing interchange would avoid many of the project related impacts to waters of the United States; however, this option would cause severe impacts to adjoining development. Expanding or reconfiguring the existing interchange is further complicated because NCDOT needs to maintain traffic during construction. Additionally, the existing interchange location has poor conditions from a traffic operational standpoint because there are intersecting service roads and residential streets that interfere with the interchange's operations. Therefore, complete avoidance of impacts to wetland and stream is impractical. Regarding minimization, the new interchange is aligned as close to existing NC 109 as is practical considering the amount of development in the vicinity. If the new interchange were located further east of the proposed one, there would be greater stream impacts to Hunts Fork Creek (Site 3) and unnamed tributary to Hunts Fork Creek (Site 1). The NCDOT studied three different interchange designs as part of its documentation per National Environmental Policy Act. These interchange designs had different operational characteristics; however, each interchange design would impact the wetland and stream at Site 1, the largest and highest quality wetland. I hope this information addresses your concerns regarding avoidance/ minimization for this project. If you have any questions regarding this information, please contact Mr. Phillip Todd at (919) 733-7844, Extension 314. Sincerely, William D. Gilmore, P. E., Manager Project Development and Environmental Analysis Branch WDG/pct cc: Mr. David Franklin, USACE, Wilmington Mr. Eric Alsmeyer, USACE, Raleigh Mr. Rob Hanson, NCDOT PDEA TIP No. R-2568 A June 16, 2000 Respond NCDWQ Concern on Page 2 of 2 Avoidance/ Minimization ;I.- a lQJ I J ,z C U W N 9 w z °0 2 J a OI a A 3 z 3? ?/V ?\ ?r?I Spa r = I C) 00 U-) F- .00 Q I Q v! M r/ /h , ?O Lr m F- F ULL' `r Y" ,w ry) mow . 3aswww ' + " w / v o f/?n° 3 w c) N z CD a _ rr o a F CD Q -j M _j U LL. ?QF-- E (n[rMN it w o of .Q F- F- ?2 ! r- D o %F o O OLL-ww o c`; + ry-) o / r rn N / lI M ?? '? '- 7 M V M N OD LC) - I a; ?j ? E ul l? ?po,E ?N cc cr `n 00 / / ruw ° of p 0? C' u r o , , CL 0 0 , W O + of Z ll? ad + ` - m p Z w 1-- U + . of l / Qrr ` C.7 0 / LL- ?. lP 1 1 I/ LL C\j Z / / 1?? '? Q?OP IJ. 110 + + } - - W C? ?FOS • N p Z 000 0 O zw M E w o co Z Ln 06 w r- U J /0 V. co o u 'fY ui CC ? J r / U LL. o / 0 u 00 LO r? LL C\j a? Ln N A 0) ?Zy i A./r. /1, /11 - 1.2mX 1.2m SCOUR HOLE 0.5m DROP a INV. TO SCOUR HOLE FILL W/ CLASS 'Be RIP RAP W/ FILTER FABRIC LINER LAT. 'V' DITCH EST. 4.5 TONS W/ CLASS 'B' RIP RAP 5i-m EST. 11.7 m FABRIC & FILTER FABRIC LINER ,.MP No 9--ASbBA, EST. 40.2 TONS EST. 105.0 m DDE 0/1444 4 EST. 113.9 m2 FABRIC / (SEE DETAIL *12) IC LINER 3RIC +40.000 -L- 15.0 0 0 m (49.21') -L- + .466 ' ) 9.310M (30.55 +18.000 -L- 2 3.2 0 9 m (76.15') 9.279m (30.44) i '- I kKE LINE C +40.000 -L- 21.000m (68.90') +47.000 -L- I (.VUVIII kii. I I I i? 000, i i I TDE E sT. Riw ~ ? 1.2m P GRAU 350 N 5' 23' 05.7' W 10.8m-375 REMOVE EXIST. R LW .rL r r 1.2m P P.S. PROP. 66m--', DRIVEWAY __ + r _- r r r --------------- -- E r r i it x r r r r uJ +20.862 L- r' r i J ?r 8.99?m (29.511 i WI !, i x ISFD j rr of r r JX 1 / ?D n ;I 1 u? j r 1 1 V) r F 3.3m -- _ DATUR 150 mm PVC W/ ICE +52.040 -L- 11.708 (38.41) 8.970m (29.45') PROP. 6.Om? DRIVEWAY 9. i +48.9E 4 t STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR June 16, 2000 Department of Environment, and Natural Resources Division of Water Quality-Wetlands 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Attention: Mr. John Dorney DAVID MCCOY SECRETARY Subject: Davidson County, NC 109, from south of I-85 Business to south of SR 1800 (Midway School Road); Federal Aid No. STP-109(1); State Project No. 8.1600901; TIP No. R-2568 A; USACE Action Id No. 199700601; NCDWQ No. 991170. The North Carolina Department of Transportation (NCDOT) received a letter dated April 3, 2000 from the North Carolina Division of Water Quality (NCDWQ). This letter requested additional information regarding maps/permit drawing for impacts at Sites 4 and 7 as well as avoidance/minimization of waters of the United States. A permit drawing for Sites 4 and 7 have been attached to this letter. Avoid a nee/Minimization of Impacts to Waters of the United States Wetland and stream impacts would be avoided only if the project were not constructed; however, this is not practical. The existing I-85 (Business) interchange with NC 109 needs revision for capacity and structural reasons. The traffic handling capacity of the existing interchange is limited by the two-lane structure and approaches. Projected traffic volumes by not constructing the project will result in level of service F at the existing interchange. Level of service F refers to traffic volumes exceeding the handling capacity of NC 109 leading to increased congestion. In addition, the existing bridge carrying NC 109 over 1-85 Business was built in 1950 and has a sufficiency rating of 39.5 out of a possible 100. The current vertical clearance below this bridge is 14'-3" which does not meet current design standards. A capacity analysis determined traffic operations on existing NC 109 currently operate at capacity (level of service E with 1999 traffic). Increasing traffic volumes will exceed the handling capacity of NC 109 leading to increased congestion (level of service F). Traffic volumes are projected to nearly double in the next 20 years. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: 919-733-9794 TRANSPORTATION BUILDING 1548 MAIL SERVICE CENTER 1 SOUTH WILMINGTON STREET RALEIGH NC 27699-1548 WEBSITE: WWWDOH.DOT.STATE. NC.US RALEIGH, NC With the proposed improvements to NC 109, the new interchange will operate at level of service B or better through the year 2020. An analysis of the NC 109 mainline shows the additional through-lanes will allow the NC 109 mainline to also operate at level of service B (stable flow of traffic) or better through the year 2020. Regarding alternatives, the new interchange is located to the east of the existing interchange location. To construct a functional interchange, a much wider footprint is required than is available at the existing location. Expanding or reconfiguring the existing interchange would avoid many of the project related impacts to waters of the United States; however, this option would cause severe impacts to adjoining development. Expanding or reconfiguring the existing interchange is further complicated because NCDOT needs to maintain traffic during construction. Additionally, the existing interchange location has poor conditions from a traffic operational standpoint because there are intersecting service roads and residential streets that interfere with the interchange's operations. Therefore, complete avoidance of impacts to wetland and stream is impractical. Regarding minimization, the new interchange is aligned as close to existing NC 109 as is practical considering the amount of development in the vicinity. If the new interchange were located further east of the proposed one, there would be greater stream impacts to Hunts Fork Creek (Site 3) and unnamed tributary to Hunts Fork Creek (Site 1). The NCDOT studied three different interchange designs as part of its documentation per National Environmental Policy Act. These interchange designs had different operational characteristics; however, each interchange design would impact the wetland and stream at Site 1, the largest and highest quality wetland. I hope this information addresses your concerns regarding avoidance/ minimization for this project. If you have any questions regarding this information, please contact Mr. Phillip Todd at (919) 733-7844, Extension 314. Sincerely, x, oQ William D. Gilmore, P. E., Manager Project Development and Environmental Analysis Branch WDG/pct cc: Mr. David Franklin, USACE, Wilmington Mr. Eric Alsmeyer, USACE, Raleigh Mr. Rob Hanson, NCDOT PDEA TIP No. R-2568 A June 16, 2000 Respond NCDWQ Concern on Page 2 of 2 Avoidance/ Minimization LIJ a3 U-) CL 00 .00 F W CL Q 3dswww V) V) 0 Q? C / /,??//'yam N ^F + r 60 ? L r) w a: V) tS %? O O A Z cc < li a ? 03 o o !/! cr -< v i i uj cj V) LL. l j/ IN Ili Q:QHO-- E ` ?nC a / _o w(D_ / NW r V) V) w Lr) 0 7 F ?q ! d Z ,/? / // l r,3/ I O U L,.w O o + r) O . o° O rte, / Lf) N ? N l l l l 'ni \ \ ? ? ?r-, cr, N ap O 006 t a_o O w wr-U + 0z % <Q <Q 1 ?. o° /' E :? ` coo /LL LL / ?' 1 ti v N }O + : . z . / Q Q W Z / f ?dgSZ ?M N w i r-) Lri v s / of 6+ / 1 I E > > Ln Q E v J vi CL Q E > o OE U cri ? > v O o vii '? 0 ` C, ? ` co z LO as 5-< W (0 0 LL, / L? W / N / (9 O cc) 1.2mX 1.2m SCOUR HOLE . 0.5m DROP a INV. TO SCOUR HOLE FILL W/ CLASS 'B' RIP RAP W/ FILTER FABRIC LINER LAT. 'V' DITCH EST. 4.5 TONS W/ CLASS 'B' RIP RAP Si-rE EST. 11.7 m FABRIC & FILTER FABRIC LINER nP No. 9--aSbSA EST. 40.2 TONS EST. 105.0 m DDE ?? i?4 acc+o EST. 113.9 mZ FABRIC (SEE DETAIL 12) IC LINER 3RIC +40.000 -L- 4? 15.000m (49.21') -L + .466 ' ) 9.310m (30.55 +18.000 -L- 23.209m (76.15') ~ 9.279m (30.44) ?M EKE LINE N IE +40.000 -L- 21.000m (68.90') +47.000 -L- 17.000m (55.77) /, .000 i TOE E w F -C .-' E ST. R/W 6.420m _ GRAU 350 N T - ?-- N 5' 23' 05.7' W ` I0.8m-375 XP REMOVE ?N ? 0-0 ?00, i +48.9):. 0000 3.3m 3.3m --- -- ?1 5ATUR 150 mm P !C EXIST?R/W 1]' ` ' `'X PROP.! PROP. 6?m 1.2m P.S. DRIVEWAY _--- t +52.040 -L +20.862 L- ' it r tr ?r ?f 11.708 (38.41) 8.9m (29.51') ?!f 8.970m (29.45) 9 w? °?E "',f o! PROP. 6-Om x DRIVEWAY [SFD +.Y 1 j N ! i F W/ Ic L +i TAE ,[ / r-9. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary NCDENR Kerr T. Stevens, Director April 3, 2000 Mr. Bill Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation P.O. Box 25201 Raleigh, North Carolina, 27611-5201 Dear Mr. Gilmore: Re: Permit Application for Davidson County, NC 109, from south of I-85 Business to south of SR 1800 (Midway School Road); Federal Aid No. STP-109(1); State Project 8.16000901; DWQ No. 991470; T.I.P. No. R-2568A, The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the aforementioned project. Review of your application revealed it lacking necessary information required for making an informed permit decision. The permit application was deficient in the following areas: There are no maps presented for the impacts on Sites 4 and 7. There is no discussion on how the impacts were avoided or minimized. Therefore, pursuant to 15A NCAC 2h.0507(a)(4), we will have to place the permit application on hold until we are supplied the necessary information. Furthermore, until the information is received by the NC Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on hold. Hopefully, we can work together to expedite the processing of your permit application. If you have any questions or require additional information, please contact Cynthia F. Van Der Wiele at 919.733.5715. Sincerely, o 12. Dorney ,i Wf ter Quality C6rtification Program pc: Jennifer Frye, DWQ Regional Office Eric Alsmeyer, USACE Central Files Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-731-1736 FAX 733-9959 An Equal Opportunity Affirmative Action Emnlovcr 50`7x, recvc1ed/1017,, post consumer paper 1 ?Wio? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT 1R. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY GOVERNOR SECRETARY September 14, 1999 U. S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 PAYMcN I RECEIVED Attention: Mr. Eric Alsmeyer RECEIVED NCDOT Coordinator Subject: Davidson County, NC 109, from south of I-85 Business to south of SR 1800 (Midway School Road); Federal Aid No. STP-109(1); State Project No. 8.1600901; TIP No. R-2568 A; USACE Action Id No. 199700601 Dear Sir: The North Carolina Department of Transportation proposes to improve and relocate NC 109 in Davidson County from south of I-85 Business to south of SR 1800 (Midway School Road). Construction of a four-lane divided facility will be on new location and include a new interchange with I-85 Business. The project has a let date of October 2000. NEPA Documentation The proposed improvements and relocation of NC 109 have been described in two environmental documents. The environmental documents included studies for the proposed improvements from south of I-85 Business to north of SR 1798 (Old Greensboro Road). For construction purposes, the project has been divided into two sections. Table 1 summarizes project sections, let dates and termini. rr ble 1. Description of,Pro3ect Sections for C6ii truction Purposes ection Let`Date Trojee fermini' A October 2000 South of I-85 Business to south of SR 1800 B October 2003 South of SR 1800 to south of SR 1798 1 The Federal Highway Administration (FHWA) signed the Environmental Assessment for the project in November 1996. The FHWA approved the Finding of No Significant Impact (FONSI) in August 1997. These documents include studies that investigated impacts to natural systems and protected species. Copies of each document have been provided to regulatory agencies involved in the permit review process. If you do not have a copy of either document, please contact us and the pertinent document(s) will be forwarded to you. The NCDOT has reviewed the list of federally-protected species produced by the U. S. Fish and Wildlife Service (USFWS) for Davidson County. The only species listed for this county at the completion of the environmental documents was Schweinitz's sunflower (Helianthus schweinitzii). Plant by plant surveys during the flowering season in October 1996 revealed no populations of the plant, and a biological conclusion of "No Effect" was rendered. Since completion of the FONSI, no new species have been added for this county by the USFWS (as of the May 13, 1999 listing). It is the opinion of the NCDOT that the proposed improvement and relocation of NC 109, from south of 1-85 Business to south SR 1800 (Midway School Road), has independent utility from the remaining sections of the project. The NCDOT believes that this section can be considered independent of the remaining sections because it meets the following objects of "independent utility" as defined by the FHWA: • this section of the project connects logical termini since it ties into an existing alignment; • this section of the project is of sufficient length that environmental matters have been addressed on a broad scope (EA and FONSI); • this section of the project has independent significance such that it is usable and of reasonable expenditure even if no other improvements are made in the area; and, • this section of the project does not restrict consideration of alternatives for other reasonable forseeable transportation improvements. Impacts to Waters of the United States Impacts to waters of the United States cannot be avoided in order to construct the proposed project. Project impacts to surface waters result from stream relocation as well as culvert construction and extension. The project lies in the Yadkin River Basin (Hydrologic Catalog Unit 03040103). Road construction will result in 1.28 acres of fill in wetlands, 0.07 acre of impacts to wetlands from mechanized clearing, 0.31 acre of fill in surface water, 2682 feet of impact to streams (perennial and intermittent streams, including 197 feet of stream relocation) and 2485 feet of stream loss. Delineations for waters of the United States have been completed by NCDOT biologists. Wetland sites were delineated on February 12, 1998. Guidance provided in the 1987 Corps of Engineers Wetland Delineation Manual (Environmental Laboratory, 1987) was used for determining wetland boundaries. Wetland boundaries were verified 1 in February 1998 by Mr. Eric Alsmeyer of the U. S. Army Corps of Engineers (USAGE) Raleigh Field Office. Wetland evaluations for each wetland site were also conducted according to the Division of Environmental Management (DEM) Guidance for Rating the Values of Wetlands in North Carolina, Fourth Version. Table 1 summarizes impacts to wetlands that will result from project construction. Wetland impacts are summarized by Cowardin classification, DEM rating, fill in wetlands (acres) and mechanized clearing (acres). Cowardin classification refers to guidelines developed to classify wetlands and deepwater habitats as outlined in Classification of Wetlands and Deepwater Habitats of the United States by Cowardin et al. (1979). Table 1. Summary of Impacts Ito Wetlands from TIP No. R-2568A Site , Number Cowardin DEM Rating Fill in°.. Wetlands' Mech. Clearing in Wetlands' Total Impacts To W etlands la PFO 1 B 63 0.69 0.02 0.71 lb PFO 1 B 63 0.05 - 0.05 2 PFO 1 B 20 0.22 - 0.22 3 PFOIA 61 0.32 0.03 0.35 6 PFOIA 33 <0.01 0.02 0.02 Total Impacts to Wetlands 1.28 0.07 1.35 Note: Numbers are expressed in acres; "-" denotes no impact. "PFO1 B" denotes palustrine, deciduous vegetation that is saturated. "PFO 1 A" denotes palustrine, deciduous vegetation that is temporarily flooded. Jurisdictional stream delineations were performed for the project on June 8, 1999 and July 13, 1999 by NCDOT biologists. The stream delineation was performed using guidance provided by the Division of Water Quality (DWQ), "Field location of streams, ditches and ponding: Revision Number Six, Working Draft, dated February 10, 1997." The impacts to streams total 2682 feet. Of this total amount, there are 1361 feet of impact to perennial stream and 1321 feet of impact to intermittent streams. The NCDOT will mitigate for perennial streams that have more than minimal function. Table 2 summarizes impacts to streams by site number, stream types, surface water filled (acre), existing channel impacted (feet), relocated channel (feet) and channel loss (feet). 4 Table 2. Summary of Impacts to Sur.[ace Waters from TIP No. R-2568A Site Number Stream" Type Surface Water Filled (ac) Existing Channel Impacted (ft) Relocated Channel (ft) Channel Loss (ft) 1 a Perennial 0.07 918 - 918 1 b Intermittent 0.02 344 344 3 Perennial 0.10 295 - 295 4 Intermittent 0.01 187 - 187 5 Perennial 0.07 148 - 148 6 Intermittent <0.01 49 - 49 7 Intermittent 0.01 85 - 85 8 Intermittent 0.03 656 197 459 Total Impacts 0.31 2682 197 2485 "-" denotes no impact. It is the opinion of the NCDOT that stream impacts should have differing ratios based on functionality. The NCDOT believes that Site la should be mitigated for at a 2 ratio and that Sites 3 & 5 be mitigated for a 1:1 ratio. Therefore, there will be 2279 feet of stream compensatory mitigation required for this project. Compensatory Mitigation Compensatory mitigation will be required for the project impacts to waters of the United States. The NCDOT proposes to mitigate for impacts to wetland and streams using the Shepherd's Tree Mitigation Site in Iredell County. The planning document for this mitigation site is dated February 1, 1999. This mitigation site has sufficient mitigation credit to accommodate the compensatory requirements from this project. There are over 123 acres of wetland restoration, 8 acres of wetland enhancement, 8790 feet of stream restoration (perennial), 2550 feet of stream restoration (intermittent), and 2223 feet of stream enhancement (perennial). Two other TIP projects have been proposed to utilize credits at Shepherd's Tree Mitigation Site. TIP No R-2239 C has been proposed to utilize 3 acres of wetland restoration credit that is available at Shepherd's Tree (Action Id 199920833, permit application letter dated May 5, 1999). It has been proposed that TIP No. R-2530 A (Stanley County) utilize 738 feet of stream mitigation (Action Id 199600725, permit application letter dated June 21,1999). C 1 5 Summary of Project Impacts The NCDOT requests that the USACE authorize construction of the proposed project. The project involves construction of the improvement and relocation to NC 109 in Davidson County, from south of I-85 Business to south of SR 1800 (Midway School Road). This project will result in 1.28 acres of fill in wetlands, 0.07 acre of impacts to wetlands from mechanized clearing, 0.31 acre of fill in surface water, 2682 feet of impact to streams (perennial and intermittent streams including 197 feet of stream relocation) and 2485 feet of stream loss. The NCDOT proposes to mitigate for wetland impacts and for impacts to perennial streams at Shepherd's Tree Mitigation Site in Iredell County. Thank you for your assistance with the project. If you have any questions or need any additional information concerning this project, please contact Mr. Phillip Todd of my staff at (919) 733-7844, extension 314. Sincerely, /, / C - /I ?? William D. Gilmore, P. E., Manager Project Development and Environmental Analysis Branch WDG/pct cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. John Hefner, USFWS, Raleigh Mr. David Cox, NCWRC, Northside Mr. N. L. Graf, P. E., FHWA Mr. William Rogers, P. E., Structure Design Mr. Calvin Leggett, P. E., Programming and TIP Ms. Debbie Barbour, P. E., Highway Design Mr. A. L. Hankins, P. E., Hydraulics Unit Mr. John Alford, P. E., Roadway Design Mr. Randy Wise, P. E., Roadside Environmental Unit Mr. D. B. Waters, P. E., Division 9 Engineer APPLICATION FOR DEPARTMENT OMB APPROVAL NO. 0710-003 OF THE ARMY PERMIT Expires October 1996 (33 CFR 325) Public reporting burden for this collection of information Is estimated to average 5 hours per response, Including the time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding this burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities In, or affecting, navigable waters of the United States, the discharge or fill material Into waters of the United States, and the transportation of dredged material for the purpose of dumping It Into ocean waters. Routine Uses: Information provided on this form will be used In evaluating the application for a permit. Disclosure: Disclosure of requested information Is voluntary. If Information is not provided, however, the permit application cannot be processed nor can a permit be Issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that Is not completed In full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME North Carolina Department of Transportation 6. APPLICANTS ADDRESS P.O. Box 25201 Raleigh, North Carolina 27611 7. APPLICANTS PHONE Nos. W/AREA CODE a. Residence b. Business (919) 733-3141 11. STATEMENT OF AUTHORIZATION 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) Mr. William D. Gilmore, P. E. 9. AGENTS ADDRESS 10. AGENTS PHONE Nos. W/ AREA CODE a. Residence b. Business I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANTS SIGNATURE DATE 1 NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) NC 109 from south of 1-85 Business to south SR 1800 (Midway School Road) 13. NAME OF WATERBODY, IF KNOWN (if applicable) Hunt's Fork and its unnamed tributaries 15. LOCATION OF PROJECT Davidson County North Carolina COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) 17. DIRECTIONS TO THE SITE See vicinity map associated with permit drawings 18. Nature of Activity (Description of project, include all features) 14. PROJECT STREET ADDRESS (if applicable) Construction of a four-lane divided facility will be on new location and include a new interchange with 1-85 Business 19. Project Purpose (Describe the reason or purpose of the project, see instructions) See the Environmental Assessment (EA) and the Finding of No Significant Impact (FONSI) for the project, referenced in cover letter USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Roadway fill (in wetlands and surface waters), pipe/ culvert construction, stream relocation 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Roadway Fill 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Permanent Fill in Wetland Impact: 1.28 acres Excavation in Wetlands: n/a acres Temporary Fill in Wetland Impact: N/a acres Mechanized Clearing in Wetlands: 0.07 acre Surface Water Impact: 0.31 acre Stream Impacts: 2682 feet 23. Is Any Portion of the Work Already Complete? Yes X No _ IF YES, DESCRIBE THE COMPLETED WORK See Attached cover letter 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). See listing of property owners associated with permit drawings 1 25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED/ DENIED Would include but is not restricted to zoning, building, and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applica t. SIGNATURE OF APPLIC T DA SIGNATURE OF AGENT DATE lJ -75 . Gr The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. 1 VICINITY MAP VICINITY MAP SHOWING LOCATION OF STATE PROJECT 8.1600903 SITE SITE MAP SITE 7 SITE 6 END -- PROJECT j? SITE 4 1 -,? SITE I i' W I PD I NG CREEK GOLF COLR E SITE 2 .\ SRI I a ? X051 5? . ITY '- -- '?,,\?? ? ?- SITE 8 ? BEGIN N PROJECT i LCOCE CR. --?- SITE 5, I STTE3 J `\`,.MJYTS -^ / BUS I-85 l? y VICINITY MAP SHOWING LOCATION OF STATE PROJECT 8.1600903 1 PROPERTY OWNER NAME AND ADDRESS OWNER'S NAME ADDRESS E.K. Kennerly 619 N. Hwy 109 Thomasville, NC 27360 Lillie Mae Parsons 628 N. N.C. Hwy 109 Thomasville, NC 27360-2439 Andrew M. Haire 30 Maiden Park Drive Thomasville, NC 27360 Big R Food Stores P.O. Box 983 Thomasville, NC 27361-0983 A.M. Haire Body Co. Inc. 516 Pineywood Road Thomasville NC 27360-2763 City of Thomasville P.O. Box 368 Thomasville, NC 27360 Benny E. Bowers 938 Ball Park Road Thomasville, NC 27360 Joe D. Greeson 914 Robinhood Road Thomasville, NC 27360-2412 John T. Wilson 918 Robinhood Road Thomasville, NC 2360 Howard R. Counts 919 Robinhood Road Thomasville NC 27360-2411 N. C. DEPT. 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J li a U O V) E Ln { DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of Neuse Road, Suite 120 Raleigh, North Carolina 27615-6814 Action ID. 199700601 November 18, 1999 PUBLIC NOTICE THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, (NCDOT), POST OFFICE BOX 25201, RALEIGH, NORTH CAROLINA 27611- 5201, HAS APPLIED FOR A DEPARTMENT OF THE ARMY (DA) PERMIT TO AUTHORIZE THE PROPOSED DISCHARGE OF DREDGED AND FILL MATERIAL IMPACTING A TOTAL OF 1.66 ACRES OF WATERS OF THE UNITED STATES, CONSISTING OF 1.28 ACRES OF WETLANDS AND 2,682 LINEAR FEET OF STREAM, FOR CONSTRUCTION OF SECTION A OF THE IMPROVEMENTS TO NC 109 (T.I.P. No. R-2568A), CROSSING HUNTS FORK BRANCH, AND ITS UNNAMED TRIBUTARIES, AND ADJACENT WETLANDS, FROM EXISTING NC 109 WEST OF I-85 BUSINESS TO I- 85 BUSINESS, NORTHWEST OF THOMASVILLE, IN DAVIDSON COUNTY, NORTH CAROLINA. The following description of the work is taken from data provided by the applicant. Plans submitted with the application show the placement of fill material impacting a total of 1.66 acres of waters of the United States, including wetlands, in the Yadkin River basin, northwest of Thomasville, in Davidson County, North Carolina. These impacts are necessary for the construction of Section A of improvements to NC 109 (T.I.P. No. R-2568A). The proposed highway will extend from existing NC 109 south of SR 1800 (Midway School Road), to existing Salem Street, near James Avenue, with a new interchange at I-85 Business replacing the existing interchange. The Federal Highway Administration's Environmental Assessment for this project included an additional section, Section B, which will extend from the northern end of this project to south of SR 1798. NCDOT will apply for permits for construction of Section B at a later time. The project will involve fill impacts to 0.31 acre of unvegetated waters of the United States. These impacts to stream channels (2,682 linear feet) occur at 8 locations throughout the project. At stream crossings, culverts or pipes will be used to allow for adequate hydrological flow underneath the roadway and fills. The proposed construction will also impact 1.35 acres of vegetated wetlands by filling and mechanized clearing. The impacted wetlands include palustrine forested areas. 4 I 2 NCDOT is proposing use of portions of the Shepherds Tree Mitigation site, which will be tQ& construction in the future, and is located on Third Creek east of Statesville in Iredell unty, to provide compensatory mitigation for the wetland and stream impacts from this project. The purpose of the work is to upgrade the existing NC 109 corridor to improve safety and serve the future traffic demands for the growing areas of Davidson County. The applicant has considered several alternatives to the proposed project, including the no-build alternative, the transportation management alternative, the mass transit alternative, upgrading the existing highway, and two other interchange designs. In addition, the applicant has committed to investigating measures to avoid and minimize wetland and stream impacts, including reduction of clearing and grubbing activities, particularly in riparian areas, reduction or elimination direct discharges into streams, reduction of runoff velocities, and minimization of in-stream construction activities. Overall plans showing location of the proposed construction are included with this public notice. Additional detailed plans may be reviewed at the U.S. Army Corps of Engineers Regulatory Field Office at 6508 Falls of Neuse Road, Suite 120, Raleigh, North Carolina 27615-6846, or at the offices of the North Carolina Division of Water Quality at 4401 Reedy Creek Road, Raleigh, North Carolina. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Water Quality has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and the project does not impact any registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer. NCDOT has conducted surveys for architectural and archaeological resources, and has coordinated with the North Carolina State Historic Preservation Officer (SHPO). SHPO has concurred that the project as proposed will not have any effect on architectural or archaeological resource properties eligible for inclusion in the Register. The District Engineer is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by work under the requested permit. The District Engineer is not aware, based on available information, that the activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes, and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in preparation of an Environmental Assessment and/or Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. 4 Generally, the decision whether to issue this DA permit will not be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the DA permit serves as application to the NCDWQ for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Wetlands /401 Unit, North Carolina DENR, Division of Water Quality, 4401 Reedy Creek Road, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina DENR Division of Water Quality, Wetland/401 Unit, 1621 Mail Service Center, Raleigh, NC 27699-1621, on or before December 10, 1999, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Eric Alsmeyer, until 4:15 p.m., December 20, 1999, or telephone 919-876-8441, extension 23. VICINITY MAP SITE VICINITY MAP SHOWING LOCATION OF STATE PROJECT 8.1600903 s SITE MAP SITE 7 SITE 6 END PROJECT SITE 4 SITE I ?'- w I rD I t%G CREEK GCIF CCLRSE SITE 2 :\ SR1 I -f- SITE 5- I SITE 3 ? - ? ??V 111E sus .ti ? I-85 JAMES AVE. L 9? . ITY SUE8 BEGIN -f N PROJECT VICINITY MAP SHOWING LOCATION OF STATE PROJECT 8.1600903 m ? m E t v N O 001 N O ? n c W U E d c c E o t v m 0 m ? V ? o w m c c _ N C m E m O O n w N m O m .x t a N 0) N v N N m W U E O LL a u t E c m - F- ? o N c c t 0 - LL ?? N N U) m l0 N N c L p O O O O O O O lC ?. ? C C O (= i p O O O O p LL 00 = m c o no n m$ t m v o c 0 o 0 0 0 U 0 N c o O Q c a m xx w c ? o LL c as m E m N C C m N 0) N N - L N o O 0 O 0 h jL m 0 O C E ? m x E x - d u "- ` V a a a cwi LL d U> U U U N v E . .. E E E V m v m a ° w m v + + p Ed O t00 O ry O m E + + m + + o e ? Q Q N N q N N + LL v a a o o T 0 0 0 N N N O 0 N O ++ + N N M 7 l+0 1 0 N N N r N N N V) Q m N M ? 1A m n m m O J N Z O AAT[ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201 08 November 1996 MEMORANDUM TO: Rob Hanson, P.E., Unit Head Project Planning Unit ATTENTION: Michele Fishburne, P. E. Project Planning Unit FROM: Dale W. Suites vironmental Biologist Environmental Unit GARLAND B. GARRETT JR. SECRETARY SUBJECT: Additional water resources information and Schweinitz's sunflower survey results for Proposed widening of NC 109 from 1-85 Business in Thomasville to SR 1798, Davidson County. TIP No. R-2568A; State Project No. 8.1600901; Federal Project No. STP- 109(1). REFERENCES: 1. Natural Resources Technical Report by Mark Hartman (26 June 1996). The original Natural Resources Technical Report for this project (Reference 1) includes a species description for the federally endangered Helianthus schweinitzii (Schweinitz's sunflower) however left the Biological Conclusion for this species unresolved. On 24 October 1996, NCDOT biologists Lindsey Riddick and Matt Smith surveyed a large portion of this project for Schweinitz's sunflower. They surveyed areas of suitable habitat along the portions of existing NC 109 that will be widened. Due to lack of aerial photography they were unable to survey the portions of the project that lie on new location. Additionally, Tim Savidge surveyed suitable habitat for Schweinitz's sunflower along the existing NC 109 on 25 October *1995. On 29 October 1996, Dale Suiter and Bruce Ellis completed surveys for this species along portions of this project lying on new location. Areas of suitable habitat including roadsides, field edges, ecotones and open woods, were surveyed. No Schweinitz's sunflowers were found during any of these surveys. Known populations of Schweinitz's sunflower were visited prior to each survey in order for the biologists to become familiar with the plant in its current growing condition. In addition, the North Carolina Natural Heritage Program database of rare species and unique habitats did not indicate any populations of Schweinitz's sunflower within the project study area. BIOLOGICAL CONCLUSION: NO EFFECT (9 We also looked at the stream that you had questions about. In the area where the new road will cross, this unnamed tributary of Rich Fork is approximately 0.9 m (3.0 ft) wide and varies from 5 to 15 cm (2 to 6 in) deep. There is evidence that the stream carries a lot of water at times. The stream channel is heavily eroded as a result of development and agricultural practices upstream. The channel is from 1.9 to 3.7 m (6.0 to 12.0 ft) wide and 1.2 to 1.9 m (4.0 to 6.0 ft) deep. There are no wetlands associated with this stream. Since this tributary has not been assigned a Best Usage Classification by the Division of Water Quality, it assumes the best usage classification of its collector stream, Rich Fork. Rich Fork is listed as Class C. Class C waters are suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. Please contact me at (919) 733-7844 ext. 303 if you have any questions regarding this project. cc: V. Charles Bruton, Ph.D., Environmental Unit Head Hal Bain, Environmental Supervisor File R-2568A N WIDENING OF NC 109 FROM 1-85 BUSINESS TO SR 1798, DAVIDSON COUNTY TIP # R-2568A. STATE PROJECT NO. 8.1600901 FEDERAL AID PROJECT NO. STP-109(1) NATURAL RESOURCES TECHNICAL REPORT R-2568A NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH ENVIRONMENTAL UNIT MARK HARTMAN, ENVIRONMENTAL BIOLOGIST TIM SAVIDGE, ENVIRONMENTAL BIOLOGIST 26 June 1996 TABLE OF CONTENTS 1.0 INTRODUCTION .......................................................................................................1 1.1 PROJECT DESCRIPTION .................................................................................................................1 1.2 PURPOSE .....................................................................................................................................1 1.3 METHODOLOGY ............................................................................................................................1 1.4 TERMINOLOGY AND DEFINITIONS ......................................................................................................2 1.5 INVESTIGATORS CREDENTIALS ........................................................................................................2 2.1 PROJECTAREA ............................................................................................................................2 2.2 PHYSIOGRAPHY AND SOILS ............................................................................................................4 2.3 WATER RESOURCES .....................................................................................................................5 2.3.1 WATERS IMPACTED ...............................................................................................................5 2.3.2 BEST USAGE CLASSIFICATION ............................... 6 2.3.3 WATER QUALITY.......... ` ....................................................................................................7 2.3.4 ANTICIPATED IMPACTS: WATER RESOURCES ..........................................................................8 2.3.5 RECOMMENDATIONS ............................................................................................................9 3.0 BIOTIC RESOURCES ..............................................................................................9 3.1 TERRESTRIAL COMMUNITIES ........................................................................................................ 10 3.1.1 MAINTAINED COMMUNITIES .................................................................................................10 3.1.1.1 ROADSIDE SHOULDER ............................................................................................... 10 3.1.1.2 RESIDENTIAL LAWNS ................................................................................................. 1 1 3.1.1.3 AGRICULTURAL/FALLOW FIELD ................................................................................... 12 3.1.1.4 BUSINESS/INDUSTRIAL .............................................................................................. 12 3.1.2 DRY-MESIC-OAK-HICKORY FOREST ..................................................................................... 12 3.1.3 MESIC-OAK-HICKORY FOREST ............................................................................................ 14 3.1.4 BOTTOMLAND HARDWOOD FOREST .....................................................................................15 3.1.5 ALLUVIAL FOREST .............................................................................................................. 16 3.2 AQUATIC COMMUNITIES ...............................................................................................................16 3.2.1 PIEDMONT PERENNIAL STREAM ........................................................................................... 17 3.2.2 PIEDMONT INTERMITTENT STREAM ...................................................................................... 17 3.3 TERRESTRIAL COMMUNITY IMPACTS .............................................................................................. 18 3.3.1 RECOMMENDATIONS .......................................................................................................... 19 3.4 AQUATIC COMMUNITY IMPACTS ....................................................................................................20 4.0 SPECIAL TOPICS ..................................................................................................21 4.1 WATERS OF THE UNITED STATES .................................................................................................21 4.1.1 CHARACTERISTICS OF WETLANDS AND SURFACE WATERS ......................................................21 4.1.2 SUMMARY OF ANTICIPATED IMPACTS .....................................................................................22 4.1.3 PERMITS ............................................................................................................................22 4.1.4 WETLAND IMPACT AVOIDANCE .............................................................................................24 4.1.5 IMPACT MINIMIZATION ..........................................................................................................24 4.1.6 WETLAND MITIGATION .........................................................................................................25 4.2 PROTECTED SPECIES ...................................................................................................................25 4.2.1 FEDERALLY-PROTECTED SPECIES .......................................................................................25 4.2.2 FEDERAL SPECIES OF CONCERN AND STATE LISTED SPECIES .................................................26 5.0 REFERENCES ....................................................................................................... 28 LIST OF FIGURES Figure 1. Area Map ....................................................................................................3 LIST OF TABLES Table 1. Soils occurring in the project area .....................................................................4 Table 2. Streams crossed by R-2568A ........................................................................... 5 Table 3. NPDES Permitted Dischargers Within 4.2 km of the project ............................7 Table 4. Estimated Impacts to Terrestrial Communities ................................................18 Table 5. Federal Species of Concern, Davidson County .............................................. 27 1.0 INTRODUCTION The following Natural Resource Technical Report is submitted to assist in the preparation of a Federal Environmental Assessment (EA) for the subject project. This report describes the natural resources occurring within the project area, and identifies environmental; concerns which must be addressed during the planning stages of this project. An ecosystems approach to impact assessment was taken during this investigation. Estimations on the type and degree of impacts to the ecosystems within the project area are given, along with recommendations which will minimize impacts. 1.1 PROJECT DESCRIPTION The subject project involves the proposed widening of NC 109 from 1-85 business to SR 1798 in Davidson County. There are two proposed alternatives for the project. Alternate 1 involves widening a 5 km (3.1 mi) section of existing NC 109. Alternate 2 consists of approximately 3.1 km (1.9 mi) on new location and 1.3 km (0.83 mi) on existing location. Existing roadway consists of a two lane facility with 1.8 m (6 ft) shoulders and an approximate 12.2 m (40 ft) right-of-way (ROW). Any work on existing roadway will involve widening to a five lane cross section with a ROW of 36.6 m (120 ft). All new location will be 4 lane divided highway with a grassy median, and will have a ROW of 76.2 m (250 ft). In addition to the two roadway alternatives, there are three independent alternatives (A, B, and C) being considered for the interchange between NC 109 and 1-85 business. 1.2 PURPOSE The purpose of this document is to describe and inventory the natural resources identified within the project vicinity and estimate potential impacts to these resources. Recommendations are made for measures which will minimize resource impacts. These descriptions and estimates are relevant only in the context of existing design concepts. If preliminary design parameters change, additional field investigation may be necessary. 1.3 METHODOLOGY Prior to a site visit, published resource information pertaining to the project area was gathered and reviewed. Information sources include; U.S. Coast and Geological Survey (USGS) quadrangle maps (Midway, High Point West, Winston Salem East), National Wetlands Inventory Maps (NWI), NCDOT aerial photographs of project area (1:1200), Soil Conservation Service soil maps (Davidson County), Fish and Wildlife .. ......................................... -q - • - - W tllOwQ oint 9 8 ?a.ar 9 .? 5 Wtlcome + . 0,n Qt ; BUS ? 1 ;i I1i, Letmgto et V 1 D S O N COUNTY '`?'''•••..,. •••? / ?tl+Rock • M ? ••, Wn MJI• 5 mafic or intermediate crystalline rocks. These soils are on upland ridges and side slopes. Slope ranges from 2 to 45 percent. In exposed areas, surface water runoff causes a very severe erosion hazard. 2.3 WATER RESOURCES This section contains information concerning those water resources likely to be impacted by the project. Water resource information encompasses physical characteristics of the resource, its relationship to major water systems, Best Usage Standards and water quality aspects of the water resources present within the project area. Probable impacts to these water-bodies are also discussed, as are means to minimize impacts. - 2.3.1 WATERS IMPACTED This section describes the physical characteristics of the water bodies impacted by the proposed project. All of the water bodies impacted are within the Yadkin River basin. Table 2 lists the water resources within the project along with the index number and best usage classification assigned by the North Carolina Division of Environmental Management (DEM). Streams are listed from south to north along the project. None of the stream crossings are crossed by the new location portion of the project. All occur along the existing section of NC 109. All tributaries, except UT-3 will be affected by both roadway alternatives. UT-3 will only be affected by alternate 1. Table 2. Streams crossed by R-2568A. Stream Name Width Depth Dominant Flow DEM Index DEM m m Substrate* *** Class UT-1 ****, to Hunts Fork 1.5 <0.6 CSd, Bd 1 12-119-7-3 C UT-2, to Hunts Fork <1 <0.6 CSd, Bd 1 12-119-7-3 C Hunts Fork 4.6 <0.6 CSd, Bd P 12-119-7-3 C UT-3, to Kennedy Mill Cr. 1.5 <0.6 CSd, Bd 1 12-119-7-2 C Rich Fork Cr. 4.6 <1.5 CSd, Cl P 12-119-7 C UT-4, to Rich Fork Cr. 1.5 <0.6 CSd, Bd 1 12-119-7 C * CSd: coarse sand, Bd: bedrock, Cl: clay I: indicates Intermittent stream. P: indicates Perennial stream *** DEM Index number for the named body of water into which the unnamed tributary flows. UT: Unnamed Tributary Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. 7 tributary flows. This classification scheme allows for protection of waters downstream from unnamed and intermittent streams. The Best Usage Classification for all streams in the project is class C. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. No High Quality Waters (HQW), Water Supplies (WS-1 or WS-11), or Outstanding Resource Waters (ORW) occur within 1.6 km (1.0 mi) of the project area. 2.3.3 WATER QUALITY The. Benthic Macroinvertebrate Ambient Network (BMAN) is managed by DEM _ and is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program assesses water quality by sampling for selected benthic macro invertebrate organisms at fixed monitoring sites. Macro invertebrates are sensitive to very subtle changes in water quality; thus, the species richness and overall biomass of these organisms are reflections of water quality. No BMAN sites occur within the project area. Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. Any discharger is required to register for a permit. There are eight NPDES permitted dischargers within 4.2 km (2.6 mi) of the project. Of the eight permitted dischargers, six are located upstream of the project, and two are downstream of the project, but are on unnamed tributaries not crossed by the subject project. NPDES permitted dischargers are listed in Table 3. Table 3. NPDES Permitted Discharqers Within 4.2 km of the r)roiect. Permit Discharger Stream Type Discharge Number (mgd) NC0024228 High Point/West Side Rich Fork 01,53,31,49, 6.2 WWTP 56 NCG550248 Culler residence UT to Rich Fork 04 0.00036 NCG550362 Morgan residence Rich Fork 04 0.00036 NCG550187 O'Connor residence UT to Rich Fork 04 0.00036 NCG550320 Meekins residence Kennedy Mill Creek 04 0.00036 NC0041491 Paradise Motel UT to Hunts Fork 13 0.0024 NCG550297 Harvey residence UT to Hunts Fork 04 0.00036 Total 6.2042 Types areas follows: 01 Domestic, Municipal 04 Domestic, Single Family 13 Domestic, Hotels, motels, inns, guest houses etc. 31 Organic chemical manufacturing 49 Paint and ink formulation 9 volume. It is apparent that highway runoff can significantly degrade the quality of the receiving water bodies, which in turn significantly affects the ecosystems present. 2.3.5 RECOMMENDATIONS The following recommended methods to reduce sedimentation and/or pollutant loads have been shown to be efficient and cost effective, and should be implemented to protect aquatic resources. • Strict enforcement of sedimentation control Best Management Practices (BMP's) for the protection of surface wafers during the entire life of the project • Reduction of clearing and grubbing activity, particularly in riparian areas • Reduction/elimination of direct discharge into streams • Curb & gutter elimination • Reduction of runoff velocity • Re-establishment of vegetation on exposed areas, with judicious pesticide & herbicide management • Litter control. The use of any number of these methods will be effective in reducing water quality degradation resulting from project construction. Other structural methods which are effective at sedimentation/pollutant reduction which may be considered include: • Wet detention basins • Dry extended detention basins • Infiltration systems • Wetland creation. If stream channel relocation is required for any of the above mentioned crossings, and if the stream relocation is greater than 30 m (100 ft) or > 15 m (>50 ft) on one side, consultation with the NC Wildlife Resources Commission (WRC) will be required, per the Fish and Wildlife Coordination Act, as amended (16 USC 661-667d). Relocated streams will be designed to have similar characteristics (depth, width, meanders and substrate) as the original stream. This also includes re-establishment of streamside vegetation. 3.0 BIOTIC RESOURCES This section describes the ecosystems encountered and the relationships between vegetative and faunal components within terrestrial, and aquatic ecosystems. Descriptions of the terrestrial systems are presented in the context of plant community classifications. 11 vegetation occur at the edges of the cleared roadsides and forested communities, these species become more abundant in the wider areas. Common species found here include winged sumac (Rhus copallina), mimosa (Albizia julibrissin), pokeweed (Phytolacca americans), wild rose (Rosa spp.), milkweed (Asclepias sp.), Japanese honeysuckle (Lonicera 'a onica), blackberry (Rubus spp.), northern dewberry (R. his idus) and sericea (Lespedeza cuneata). Few animals reside along roadsides because of the limited size and complexity of the habitat, however numerous opportunistic animals use this area as a foraging zone, or as a passage-way between forested habitats. Species found here are able to adapt to the "edge" habitat created by human activity. This edge is actually an ecotone between communities. Various species of birds feed along roadsides on seeds, berries and insects. Some of these species include: the northern cardinal (Cardinalis cardinalis)*, American robin (Turdus migratorius)* and white-throated sparrow (Zonotrichia albicollis)*. Snakes such as the black racer (Coluber constrictor) and eastern garter snake (Thamnophis sirtalis) may venture into this habitat to feed on insects and small mammals. Virginia opossum (Didelphis virginiana)* and raccoon (Procyon lotor)*, frequently forage nocturnally in these habitats, or travel along roadways between habitats. These animals are often roadkill victims. Consequently roadkills attract a large number of scavenger species including turkey vulture (Carthartes aura)* and common crow (Corvus brachyrynchos), as well as domestic dogs and cats. 3.1.1.2 RESIDENTIAL LAWNS Residential grass lawns are populated with a variety of grasses, including fescues, winter ryes (Lolium spp.) and crabgrass (Di itaria spp.). Ornamental herbs, shrubs and trees are abundant landscaped species, and many lawns have large native trees such as white oak (Quercus alba), persimmon (Diospyros virginiana), maples (Acer spp.) and short-leaf pine (Pinus echinata) remaining from previous forested communities. Animals occurring in nearby forested areas often forage or even reside in lawn habitats. The presence of bird feeders attracts many birds to these environments. Some common species of lawn settings which were observed include Carolina chickadee (Parus carolinensis)*, tufted titmouse (P. bicolor), blue jay (Cyanocitta cristata)*, northern mockingbird (Mimus polygottos)*, Carolina wren (Thryothorus ludovicianus)*, American goldfinch (Carduelis tristis)* and house finch (Carpodacus mexicanus)*. Mammals such as gray squirrel (Sciurus carolinsis)* and eastern cottontail (Sylvilagus floridanus)* are commonly observed in lawn habitats, while others 13 species occur here. There is a lot of variation in vegetative composition within and between tracts. These variations are due to a large part by past disturbances. Canopy species typical of this community include; white oak, red oak (Quercus rubra), hickory (Carya sue.), short-leaf pine (Pinus echinata), Virginia pine (Pines virginiana), and yellow poplar (Liriodendron tulipifera). In some areas, pines constitute the majority of,the canopy along with sweet gum (Liquidambar stvraciflua) and red maple (Acer rubrum). These areas have likely had significant past disturbances (logging, clearing, wind storms etc.), and tend to have more xeric conditions than less disturbed areas. The overall canopy of this community type is moderately dense, with open patches or canopy gaps. Midstory is generally sparse, but varies from site to site. Sourwood (Oxydendrum arborem), wild cherry (Prunus serotina), red cedar (Juniperus virginiana), red maple, flowering dogwood (Corpus florida), American holly (Ilex opaca), and black gum (Nyssa sylvatica) are the most common species. Shrub species are moderately abundant and include arrowood (Viburnum rafinesquianum), sassafras (Sassafras albidum), blueberry (Vaccinium sp.), and strawberry bush (Euonymus americana). Vines such as grape (Vitis sp.), green brier (Smilax spp.), Virginia creeper (Parthenocissus quinguefolia) and poison ivy are prevalent particularly in the open gaps. Herbaceous species observed include crane-fly orchid (Tipularia discolor), ebony spleenwort (Asplenium platyneuron), beggar lice (Desmodium nudiflorum), heartleaf (Hexastylis airifolia), goat's rue (Tephrosia virginiana) and pipsissewa (Chimaphila maculata). Representative fauna from all the terrestrial vertebrate classes were observed in this community during field investigations. Birds (Aves) were the most abundant and conspicuous group of animals observed throughout the forested areas. The forest canopy attracts an abundance of wood- boring and defoliating insects, which provide forage for birds, such as downy woodpecker (Picoides pubescens)*, red- bellied woodpecker (Melanerpes carolinus)*, yellow-bellied sapsucker (Sphyrapicus varius)*, pileated woodpecker (Dryocopus ilp eatus)*, ruby-crowned kinglet (Regulus calendula), golden-crowned kinglet (R. satrapa)*, brown creeper (Certhia familiaris), blue-gray gnatcatcher (Polioptila caerulea), yellow-rumped warbler (Dendrocia coronata), and white-breasted nuthatch (Sitta carolinensis)*. Many of these species, along with tufted titmouse, solitary vireo, gray catbird, pine siskin (Carduleis inus)* and northern cardinal, will also consume a large amount of fruits, seeds and new shoots of trees, shrubs and vines. Other vertebrate species which utilize the canopy component of this community include: gray squirrel, Virginia opossum, and gray treefrog (Hula chrysoscelis, or H. versicolor)*. Bats are also important components of forested communities. The 15 the species are wide ranging and move between habitat types. All of the species observed in the former community type were observed here, as well as slimy salamander (Plethodon glutinosus)* and spring peeper (Hula crucifer)*. Fungal species observed include tree ear and sulphur bolete. The moist conditions and abundance of fallen logs in this community provide optimal conditions for fungal growth. . 3.1.4 BOTTOMLAND HARDWOOD FOREST This community, type occurs in broad floodplains of the larger water bodies in the project area like Rich Fork Creek .- Intermittent flooding is a major factor influencing floral and faunal species distribution. A large portion of these communities qualify as jurisdictional wetland communities (Sec. 4.1.1). Dominate canopy species include yellow poplar, green ash (Fraxinus pennsylvanica), hackberry (Celtis laevigata), American elm (Ulmus americana), shagbark hickory (Carya ovata), basket oak (Quercus michauxii) and sweetgum. Black walnut (Ju lans nigra) is present in some locations. Understory trees include ironwood (Carpinus caroliniana) and American holly as well as pawpaw and sarvis which occurred as shrubs in other community types. Shrubs occurring here include strawberry bush and painted buckeye (Aesculus sylvatica). The herbaceous component is lush in some areas and suppressed by Japanese grass (Microstegium vimineum) and Japanese honeysuckle in others. Species most commonly observed throughout this community type include false stinging nettle (Bohmeria cylindrica), orange jewelweed (Impatiens capensis), violet (Viola spp.), sedge (Carex spp.) and river oats (Chasmanthium latifolium). Other species including jack-in-the-pulpit (Arisaema triphyllum), honewort (Cryptotaenia canadensis) and trillium (Trillium catesbaei) are absent in some areas and abundant in others. Fauna associated with this community type are adapted to periodic flooded conditions. Certain groups of animals such as amphibians, which are water dependent, are more abundant here than in any other forested community throughout the project area. Ephemeral pools formed by floodplain depressions are utilized as breeding pools for species such as spotted salamander (Ambvstoma maculata), northern cricket frog (Acris crepitans)*, spring peeper (Hyla crucifer)* and many other species. Marbled salamanders (Ambvstoma o aca)* are also found in floodplain habitats, however they lay their eggs in damp soil rather than in pools. Populations of many of these species are in decline, due to habitat loss and degradation, as well as hydrological and climatological changes. 17 3.2.1 PIEDMONT PERENNIAL STREAM Research has shown that a large amount of food chain energy of stream communities is derived from allochthonous (produced outside of stream ecosystem) sources, in the form of terrestrial detritus. Rocks, fallen debris (logs, sticks etc.), and low velocity areas in the stream trap or retain detritus within the stream. The detritus is then decomposed by heterotrophic microorganisms, such as bacteria, and consumed by macroinver{abrates, such as aquatic insects, and snails. Decomposers and primary consumers are, in turn, consumed by larger organisms. The amount of allochthonous energy input within a stream varies seasonally. A large amount of organic matter and fallen trees was observed in the streams during the site visits. Autochthonous (produced within the stream ecosystem) energy sources include planktonic and benthic micro and macro algae as well as aquatic vascular vegetation. Algal growth is excessive in this stream, a sign of nutrient overload. Eutrophication can be very detrimental to aquatic systems, particularly during developmental stages of aquatic organisms, because of depleted oxygen levels, and toxins (produced by the algae). Slow flowing streams such as these are very susceptible to eutrophication. Aquatic invertebrates are a major component of stream ecosystems, as primary and secondary consumers, and as prey items for organisms higher in the food chain. Aquatic invertebrates, including crayfish (Cambaridae)* and insects were found in all the project area streams, but overall diversity and abundance appeared low. The introduced Asian clam (Corbicula fluminea)* is common in these streams. This exotic species can inhabit significantly degraded water bodies. For this and other reasons, this species is replacing native freshwater mussels (Unionidae) as the primary bivalve in many streams throughout the United States. No native mussels were observed in any of the project area streams. Game fish known to occur in Rich Fork and the larger unnamed tributaries include catfish (Ameiurus nebulosus), carp (Cyprinus carpio), redbreast sunfish (Lepomis auritus), and bluegill (LeDomiS macrochirus) (Fish, 1968). Other inhabitants could include various minnow (Notropis spp) and darter (Etheostoma spp.) species. 3.2.2 PIEDMONT INTERMITTENT STREAM Most of the intermittent streams occur in the less developed/disturbed sections of the project area, and thus have relatively undisturbed floodplains. Intermittent streams are streams which have interruption of flow during dry intervals, however most retain pools somewhere along their course. In the southeast United States, these dry periods are usually associated with summer months. Faunal composition of these streams is greatly influenced by climatological events, and can vary greatly from year to year. 19 Hickory Forest Bottomland 0.6 1.5 -- -- 0.8 Hardwood Forest Alluvial Forest 1.3 3.2 1.1 2.7 -- 1.9 0.8 1.9 1.0 2.4 Total 32.5 80.4 31.9 78.81 11.4 28.1 11.4 28.1 13.1 32.5 The plant communities found along the project alignment serve as shelter, nesting and foraging habitat for numerous species of wildlife. Loss of habitat initially displaces faunal organisms from the area, forcing them to concentrate into a smaller area, which causes over-utilization and degradation of the habitat. This ultimately lowers the carrying capacity of the remaining habitat and is manifested in some species as becoming more susceptible to disease, predation and starvation. Habitat fragmentation will also result from roadway construction on new location. The new roadway will dissect the existing forested tracts creating a barrier between the two separated parcels. Not only does this loss of habitat and fragmentation result in losses to faunal populations, but changes in community dynamics are also likely. In fragmenting the forest, more ecotone habitat is created. Species which thrive on community edges will increase, while species which require larger, undisturbed tracts will decrease, or disappear, as a result of competitive interactions, habitat reduction and other factors. The forested tracts within the proposed new location are already heavily fragmented by agriculture, and populations of highly adaptable species which take advantage of this type of disturbance are already well established. Studies have shown that populations of species such as wood thrush and blue jay are negatively impacted by road construction. Conversely, road construction has been shown to have a positive impact, or no effect on species such as northern cardinal, tufted titmouse, indigo bunting and field sparrow. Individual mortalities are likely to occur to animals closely associated with the ground (snakes, small mammals, etc.), from construction machinery used during clearing activities. Wildlife mortality caused by vehicles is a direct consequence of project construction, once the road is in operation. Because of their visibility, highway mortality.of game species such as deer and rabbit is well documented. However, reptiles and amphibians as well as birds and small mammals are very susceptible to roadkill. Although roadway mortality is generally not believed to significantly effect animal populations under normal conditions, if the population is experiencing other sources of stress (disease, habitat degradation/elimination etc.), then traffic-related mortality can be very significant to the populations demise. 3.3.1 RECOMMENDATIONS Roadway Alternates 21 Populations of photosynthetic species, the primary producers in the food chain, can be greatly effected by siltation. The increased amount. of suspended particles in the water column reduces the photosynthetic ability, by absorbing available light. Clogging of feeding apparati of suspension feeders and burial of newly settled larvae of these organisms, are other effects of siltation. These species are often primary consumers in the food chain, and are a major step in the aquatic food web. Impacts to these organisms may directly effect organisms higher in the food chain, such as fish, amphibians, reptiles, birds and mammals. Mobile aquatic organisms may escape some of the effects of siltation, however gills of fish, crustaceans and larval amphibian and insect forms can become clogged and dysfunctional as a result of-sedimentation. Spawning habitats for these mobile species may become filled with sediment, diminishing reproductive success and inevitably reducing populations. Habitat disturbance and sedimentation are extremely detrimental to aquatic ecosystems. Best Management Practices (BMP's) for protection of surface waters, must be strictly adhered to, to ensure the biological integrity of the water bodies impacted by this project. 4.0 SPECIAL TOPICS 4.1 WATERS OF THE UNITED STATES Wetlands and surface waters fall under the broad category of "Waters of the United States" as defined in 33 CFR 328.3, in accordance with provisions of Section 404 of the Clean Water Act (33 U.S. C. 1344). All wetlands within the project area will be affected by both alternates. Potential wetland communities were evaluated using the criteria specified in the 1987 "Corps of Engineers Wetlands Delineation Manual". For an area to be considered a "wetland", the following three specifications must be met; 1) presence of hydric soils (low soil chroma values), 2) presence of hydrophytic vegetation (Appendix A), and 3) evidence of hydrology, including; saturated soils, stained, oxidized rhizospheres, matted vegetation, high water marks on trees, buttressed tree bases and surface roots. 4. 1.1 CHARACTERISTICS OF WETLANDS AND SURFACE WATERS Three wetland areas will be disturbed by construction of either of the two alternates. There is no difference in wetland impact between the two alternates. With 23 (2) the fill placed in Water of the United States is limited to a filled area of no more than 0.1 hectares (1/3 acre); (3) no more than a total of 61 m (200 linear ft) of the fill for the roadway can occur in special aquatic sites, including wetlands; (4) the crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected high flows and tidal flows and movement of aquatic organisms, and; (5) the crossing, in all attendant features, both temporary and permanent, is part of a single and complete project for crossing of a Water of the United States. A Nationwide Permit 33 CFR 330.5(a) (26) is likely to be applicable for impacts to Rich Fork Creek resulting from the proposed project. This permit authorizes discharges of dredged or fill material into headwaters and isolated jurisdictional wetlands provided the following conditions are met: (1) the discharge does not cause the loss of more than 4 hectares (10 acres) of Waters of the United States; (2) the permittee notifies the District Engineer if the discharge would cause the loss of Waters of the United States greater than 0.4 hectare (1.0 acre) in accordance with the "Notification" general conditions (for discharges in special aquatic sites, including jurisdictional wetlands, the notification must also include a delineation of affected special aquatic sites, including jurisdictional wetlands), and; (3) the discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. A North Carolina DEM Section 401 Water Quality General Certification will also be required. Section 401 of the Clean Water Act requires that the state issue or deny water certification for any federally permitted or licensed activity that may result in a discharge into waters of the United States. The issuance of a 401 permit from DEM is a prerequisite to issuance of a Section 404 Permit. The COE District Engineer is required to determine whether any activity, covered by the General Permitting Process, will result in more than minimal adverse environmental effects. If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then the engineer will notify the prospective permittee either: 25 prudent pesticide and herbicide management; minimization of in-stream activity and litter and debris control. 4.1.6 WETLAND MITIGATION Compensatory mitigation is not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible. It is recognized that "no net loss of wetlands" functions and values may not be achieved in each and every permit action. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts which remain after all appropriate and practicable minimization has occurred. Compensatory actions often include restoration, creation and enhancement of Waters of the United States. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site. Projects authorized under Nationwide Permits usually do not require compensatory mitigation according to the 1989 Memorandum Agreement between the Environmental Protection Agency and the Department of the Army. The final decision on permit requirements will be made by the United States Army Corps of Engineers (USACE). 4.2 PROTECTED SPECIES Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human development. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally-protected, be subject to review by the United States Fish and Wildlife Service (FWS). Other species may receive additional protection under separate state laws. 4.2.1 FEDERALLY-PROTECTED SPECIES Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. The only federally-protected species found in Davidson County is Schweinitz's sunflower (Helianthus schweinitzii). This species is listed as endangered by the FWS (1 April 1996). A6 endangered species is defined as a species that is threatened with extinction throughout all or a significant portion of its range. A brief description of the Schweinitz's sunflower's characteristics and habitat follows. 27 although no sufficient data currently exist to warrant a listing of Endangered, Threatened, Proposed Endangered or Proposed Threatened. FSCs are species of concern which may or may not be listed in the future, but are not afforded federal protection under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Organisms which are listed as Endangered (E), Threatened (T), Special Concern (SC), or Candidate (C) by the North Carolina Heritage Program list of Rare Plant and Animal species are afforded state protection or monitored under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. This species list is provided for information purposes as the status of these species may be upgraded in the future. Table 5. Federal Species of Concern, Davidson County SCIENTIFIC NAME COMMON NAME NC STATUS HABITAT Aster Georgianus Georgia aster C Lotus Helleri Carolina birdfoot-trefoil C A review of the N.C. Natural Heritage Program data base of rare species and unique habitats revealed no records for the above listed species in the project study area. Surveys for these species were not conducted during the site visit, nor were any of these species observed. 29 Plant Conservation Program. 1991. List of North Carolina's endangered, threatened and candidate plant species. Raleigh, North Carolina Department of Agriculture. Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. Chapel Hill, The University of North Carolina Press. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the vascular flora of the Carolinas. Chapel Hill, The University of North Carolina Press. Schafale, M.P. and A.S. Weakley. 1990. Classification of the natural communities of North Carolina. Third Approximation. North Carolina Natural Heritage Program, Division of PaFks and Recreation, NCDEHNR. U.S. Department of Agriculture, Natural Resource Conservation Service. North Carolina Agriculture Experiment Station. U.S.Fish and Wildlife Service. 1979. Classifications of wetlands and deepwater habitats of the United States., U.S. Government Printing Office, Washington D. C. Webster, W.D., J.F. Parnell and W.C. Biggs. 1985. Mammals of the Carolinas, Virginia and Maryland. Chapel Hill, The University of North Carolina Press. (95" STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 February 16, 2000 U. S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of Neuse Road, Suite 120 Raleigh, North Carolina 27615-6814 Attention: Mr. Eric Alsmeyer NCDOT Coordinator DAVID MCCOY SECRETARY 1:0 U?35, AUTT 213P s. Z Subject: Davidson County, NC 109, from south of I-85 Business to south of SR 1800 (Midway School Road); Federal Aid No. STP-109(1); State Project No. 8.1600901; TIP No. R-2568 A; USACE Action Id No. 199700601. Dear Sir: As you are aware, the North Carolina Department of Transportation (NCDOT) proposes to improve and relocate NC 109 in Davidson County from south of I-85 Business to south of SR 1800 (Midway School Road). Construction of a four-lane median divided facility will be on new location and includes a new interchange with I-85 Business. The NCDOT applied for a Section 404 Individual Permit to construct this project in a letter dated September 14, 1999. The U. S. Army Corps of Engineers (USACE) issued a Public Notice on the permit application on November 18, 1999. In a letter dated January 10, 2000, the USACE requested that NCDOT respond to comments from Mr. Marsh Smith. Mr. Smith requested that the purpose and need of the project be addressed. The existing I-85 (Business) interchange with NC 109 needs revision for capacity and structural reasons. The two lane bridge structure and roadway approaches limit the traffic capacity of the existing interchange. Projected traffic volumes will result in level of service F at the existing interchange (F level of service is defined as a breakdown in traffic flow and the amount of traffic approaching a point exceeds the amount which can traverse the point). The existing bridge structure at the NC 109/ I-85 Business