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HomeMy WebLinkAbout20010962 Ver 1_Complete File_20010530Kkl;Li VED NOV 1 0 1997 ?Ca2 ENVIRONMENTALSCIENcES' STATE OF NORTH CAROLINA DEPARTMENT OF 1PANSPORTATION JAMES B. HUNT JR. GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 GARLAND B. GARRETT JR. SECRETARY November 7, 1997 MEMORANDUM TO: FROM: SUBJECT: Ms. Cyndi Bell DWQ - DENR H. Franklin Vick, P. E., Manager Planning and Environmental Branch Review of Scoping Sheets for the following projects: Project T.I.P. County Bridge No. State Route Planning Engineer B-3305 Bladen No. 43 NC 53 Jeff Ingham B-3194 Iredell No. 67 US 64 Jeff Ingham B-3200 Lenoir No. 153 SR 1152 Bill Goodwin t? B-3204 Madison No. 25 US 25-70/NC 213 John Williams ? B-1303 Northampton No. 76 US 258 Bill Goodwin Attached for your review and comments are the scoping sheets and location maps for the subject projects. The purpose of this information and the related review procedure is to have an early "meeting of the minds" as to the scope of work that should be performed and thereby enable us to better implement the projects. Scoping meetings for these projects are scheduled for December 17, 1997 in the Planning and Environmental Branch Conference Room (Room 470). These scoping meetings will be held back to back beginning at 2:00 P. M. in the order shown above. These meetings typically last 10 to 15 minutes per project, so all attendees should plan to arrive at the beginning of the 2:00 P. M. session as applicable. You may provide us with your comments at the meeting, mail them to us prior to the meeting, or e-mail them to bgoodwin@dot.state.nc.us prior to the meeting. Thank you for your assistance in this part of our planning process. If there are any questions about the meetings or the scoping sheets, please call the indicated Project Planning Engineer, at 733-3141. HFV/bg Attachments N .pn ,.,a STATE v, ? s STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR 010962 LYNDo TIPPETT SECRETARY May 11, 2001 Regulatory Branch U.S. Army Corps of Engineers Wilmington Field Office P.O.-Box 1890 Wilmington, NC 28402-1890 ATTENTION: Mr. Dave Timpy Dear Sir: T S Ii k SUBJECT: Proposed replacement of Bridge No. 43 over Colly Creek on NC 53 in Bladen County. Federal Aid Project No. BRSTP-53(1), State Project No. 8.1420901, TIP No. B-3305 N34° 27.846' W78° 15.433' Attached for your information is a copy of the Categorical Exclusion Action Classification Form and the Natural Resources Technical Report for the subject project. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we propose to proceed under a Nationwide Permit in accordance with 33 CFR 330 Federal Register: March 9; 2000 (Volume 65, Number 47, Pages 12817-12899, by the Corps of Engineers. The provisions of Section 330.4 and appendix A (C) of these regulations will be followed during construction of the project. The existing bridge will be replaced by a new bridge 170.0 ft in length in approximately the same location. Project length is approximately 1000.0 ft. Traffic will be detoured offsite along NC 210 and NC 11 during construction. Jurisdictional Surface Waters. One perennial stream in the Cape Fear River Basin, Colly Creek [DWQ Index No. 18-68-17, (4/1/59)] is crossed by NC 53. This stream carries a Best Usage Classification of Class C Sw. Class C refers to waters suitable for aquatic life propagation 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 and survival, fishing, wildlife, secondary recreation, and agriculture. The supplemental classification Sw denotes swamp waters that have low velocities and other natural characteristics which are different from adjacent streams. The deck and bridge railings are composed of concrete. The substructure is composed of timber bents and concrete caps. Both the bridge rail and the bents will be removed without dropping components into Waters of the United States. There is potential for components of the deck to be dropped into Waters of the United States during construction. The resulting temporary fill associated with the concrete deck and caps is approximately 44.0 yd3. Jurisdictional Wetlands. Jurisdictional wetlands will be impacted due to project construction. The project will result in 0.25 ac of permanent fill in wetlands and 0.29 ac of mechanized clearing. Four rows of driven piles, will be used to support the new bridge. Permit drawings depicting this proposed work are attached. Threatened And Endangered Species. The following species are listed as threatened or endangered for Bladen County. A Biological Conclusion of No Effect has been reached for each of the following species. • Shortnose sturgeon (Acipenser brevirostrum) Endangered • American alligator (Alligator aestivalis) Threatened (Similarity of Appearance) • Red-cockaded woodpecker (Picoides borealis) Endangered • Southern spicebush (Lindera melissafolia) Endangered • Rough-leaved loosestrife (Lysimachia asperulaefolia) Endangered • American chaffseed (Schwalbea americana) Endangered Cultural Resources. No historic sites will be impacted by the proposed project. There are no known archaeological sites within the proposed project area and SHPO State Historic Preservation Office (SHPO) recommended no historic architectural or archaeological investigations be conducted (December 22, 1997). Minimization - Jurisdictional Wetlands. Original designs called for the use of a temporary causeway for construction resulting in the impact of an additional 0.25 ac of wetlands. However, top-down construction will be used for this project therefore reducing wetland impacts. . It is afiticipated that these activities will be authorized via a NWP 23 (Categorical Exclusion). By copy of this application, request is made to the Division of Water Quality, for the appropriate 401 Water Quality Certification. If you have any questions or need any additional information, please contact Mr. Chris Rivenbark at (919) 733-9513. Sincerely, .')&dCV' E ou" William Gilmore, P.E., Branch Manager Project Development and Environmental Analysis WDG/mcr cc: Mr. David Franklin, COE Mr. John Dorney, NCDWQ Mr. David Cox, NCWRC Mr. Garland Pardue, USFWS Mrs. Debbie Barbour, P.E., Design Services Mr. Calvin Leggett, P.E., Program Design Mr. John Alford, P.E., Roadway Design Mr. D.R. Henderson, P.E., Hydraulics Mr. Tim Rountree, P.E., Structure Design Mr. Byron Moore, P.E., Roadside Environmental Mr. H. Allen Pope, P.E., Division 3 Engineer Mrs. Karen Orthner, PD & EA VICE, ? j .1 543 1545 1539 / U.5. LOCK NQ l /• \KINGS BLUFF k; / , ro cuawE ? N. C. DEIST. iOF TRANSPORTATION DI'VISION OF HIGHWAYS BLADEN 00UNTY PR'OJEC'T': 8.1120901 (B-3305) i Yr Cl ;E3ET?? Et NC 210 AND (.' :l1 SIIEE!'' I OF 8 4/23®01 1 0 a NN G 0 a. W i Q N I 0 Z W J 1 O N N H co O a IL Z W J O t N N m ?\ Z / W + ? / 0 Q1 ? ?o + co / i / z Q N / W COLLY CREEK -1 W Q a w + Z ;2 Z m N i T - ? 1- ' uj o a n W Q N 4 H V. N Z Z W m J O O V F N M a N 1w ri W O d ?T Q Ic Z W m J 1 O O' F N LEGEND -WLB WETLAND BOUNDARY WETLAND --W,L?j DENOTES FILL IN WETLAND DENOTES FILL IN ® SURFACE WATER DENOTES FILL IN SURFACE WATER .(POND) DENOTES TEMPORARY FILL IN WETLAND IN DENOTES EXCAVATION IN WETLAND DENOTES TEMPORARY FILL IN SURFACE WATER * * * DENOTES MECHANIZED ** *` * * * CLEARING ?- FLOW DIRECTION TB TB- TOP OF BANK - - WE---- EDGE OF WATER ---? - PROP. LIMIT OF CUT --F; - PROP. LIMIT OF FILL = PROP. RIGHT OF WAY -- NG-- NATURAL GROUND -_PL - PROPERTY LINE TDE- TEMP. DRAINAGE EASEMENT -PDE- PERMANENT DRAINAGE EASEMENT - EAB-- EXIST. ENDANGERED ANIMAL BOUNDARY - EPB-- EXIST. ENDANGERED PLANT BOUNDARY - --==-------- WATER SURFACE LIVE STAKES E2D BOULDER -- COIR FIBER ROLLS 5 ADJACENT PROPERTY OWNER OR PARCEL NUMBER I PROPOSED BRIDGE. ?? PROPOSED BOX CULVERT ?? PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) SINGLE TREE WOODS LINE DRAINAGE INLET ROOTWAD t f f f E i!+ VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN k-z BUFFER ZONE BUFFER ZONE Vii. ,C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS BLADEN C:02? T ' PROJECT. 4.1420001 (8-3305) lit-7 DD BE IVEEN . NC 210 AND NC 11 SHEE'T' 3 OF 8 4/23,01 it il\'lJ1C° ' llRI' Y NAME AND OWNER'S NAME O W,IER ADDRESS ADDRESS CORBETT PACKAGE COMPANY 1200 CASTLE HAYNE RD. WILMINGTON, NC 28401 N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS BLADEN COUNTY PROJECT: 8.1420901 (B-3305) C, 17) 3 BETWEEN INC 210 AND NC 11 SHEET ;' OF 8 4/23/01_j ?? h c z ° Q w? r z C4 v w $_ ®z z W z LLJ ? t z Q LL? v d ?? z C3 O ? O ? ?i ? V N N O NN p O ;a ~ C W h ` c o p O ? O N N a 3 N ? O O ? O \ Lo 41 e o ???' 6- 0 0 N I I h I I I ,? h I t _• I o W? C) I + i >y ' m ,y ,y I ?>y I >y o I ?' O >y >y ?' C _ ------? \? >y -?? \ - COLD' CREEK I I 0 0 c? ?I >Y ?i >y I >y I i r-a >y >y i >y >y ra ' rf ?? b I >y >y >y i >y - i? - W _N Z Q o OZ W? W Q W W W -i J F 4_ , W 8 p F- 03 a. 6 3 W w 0 w . ,? li -'>y =>y O V 3NIl H3104 ?n N V 3NIl HO1dW ---- -- --- ---- r' ?° to -W I? z TO z? o? O C) ® z w Z z e x C> I' M ll? m ? W _ >y tO 'CA ?Pc, O Z N Z Q CD J r ?ZO Uz Z W LLj O W Q ww (nJ J F-3 WU I- O W Z O 3 W w o O w • ..a f • O O. N 9 z ? ? ? ? `z' y CJ oa C? Z Z 9 z x z M 2 >Y z >y >y Irv ? I ? ? N w >y >y z <E Lo z I ? I J O = l:Z w ? O ~' Q III/ Q W~ w fn J yj/ I J F- :R: w u o F- I I 3 w z 0 O J . ?. ?i Ii ---? - -- ------- --- ?i--- -- ?? o 9 3NIl HOIVV4 ??P°O N DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetiands Delineation Manual) Projet:JSite: - ? 3 ' .4 All . Dater _ 3 Applicant/Owner: t 03 County: % Investigator: Cln?? t Ju^baf t,,1? It !'?i?vQ i State: Do Normal Circumstances exist on the site? ciz Nn Community 10: 110. 4N Is the site significantly disturbed (Atypical Situation)? Yes Na? Transect 10: Is the area a potential Problem Area? Yes 14 Plot iD: (if needed, explain on reverse.) f Dominent Plant Specie, Strsturn Indicator Dorminent Flent Species Stratum Indicator oi Da em, f a. r e '+'_- 12. i z SS .... tRl. G' If ?l S. E, 14. 7. 15. • - !i 1 Percent.of Dominant Species that are OSL FACW or FAC (excluding FAC•). Remarks: v 4d'. 1 r `-' yl HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Strum. Laks. or Tide Gaups Printery Indicators: Aerial Photographs _ Inundated _ Other -Saturated in Upper 12 inches No Recorded Data Available Water Marks Drift Una* _ Sediment Deposits Field Observations: - _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depot of Surface Water. '- f+rsa -Oxidized Root Channels in Upper 12 inches Water-Stained Leaves Depth to Free Water in Fir. fln.) -Local Sall Survey Data . FAC-Neural Test Depot to Saturated Sod: -.Other (64slain in Rentarkcs) Remarirs: - - SOILS f I Mao Umt Narita /+ ,?, 1 (5 oW4 grsi P1a?si; • ' ? Orwnaa• Cass: ! Avid OOservaoana "??? ri ! ° t 3 Canhm+ Manived V9*? yet NCO Ta:onernv (Sueprauof: P~sAt• O?ttnoeowr - Tastws. Canennans. Oaottt Matns Color Motile Colors Memo tnen•*) Hori20n tMunlsU Matsrt (Mun+Hl ti AOuwdeneeOContrln Srrkrj" ITT. J i II i? ?L . Myane Sou iroiutor. !) _ 1tistosa !1 Aisne Ezroedon SWfidic Odef AQYie Mo amrs Regime Reducing Canctiaons , y _GleYad at La -Chronss Color: _ Conenaant Hign organic Content in Surface Laver in Sarwv Sole _ Organic Stnsang in SenaY.Soua II _tistad on Laeai Mvdne Saris List Listed on Naaon+r Mydrte Sods List li C)Osr (Ezmisn in Aernetsaf i1 Aements: ?' \ '? t li WETLAND OETERMINATION (Crdet ' HYdroarrvac Vegsteoon Prasantl Yes `Nel iC+ttisl Wedand MWrOiGgY Present) yen HYane Sais Praaentl Yes is utie Sarrroung Print Wits" s WedandJ Yes Ne Aarrtenta: Acaroved oY n DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 3- 3317 S C v. Date: 3- l ?- U 1 Applicant/Owner: NCDOr- County: _ 914-41- Investigator: Stater 10 C Do Normal Circumstances exist on the site? No Community ID: vJv_A &_4 Is the site significantly disturbed (Atypical. Situation)? Yes W:oD Transect 10: A- Is the area a potential Problem Area? Yes c plot 10: (if needed, explain on reverse.) VEGETATION Dominant Plant Species strsa.rm Indicator Dominant Flom Species Stratus ! Indicete I . t. r"Iron-- r?l,rv.. T S . FAC 9. ??. c?,narC!- a?r)r> ?! k- i IC?XQa, ie- ?-3• ?. Z ? 1 ? tQ. r)JO.i.'?S l C1J 'T91? o` l '' AJ ? ?4J ?? I . . ,.r.. . . . t _ A 5 r AA _T 4 5. ?4r l fo re ?--- a. 19,14l't 1,13 Ain 14 7 . . Percent of Dominant Species that are OSL FACW or FAC ?? p /p ff E ' (excluding FAC-) r- j Remo s: N ? HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gouge -Aerial Photographs _ Other No Recorded Data Available Said Observations: Depth of Surface Water. __ sine c Depth tc Free Water in Pir Wedand Hydrology Indicators:. Primary Indicators: Irsutdated ./Saturated in Upper 12 Inches - Water Marks Drift Lines _ Sradment Deposits _ Drainage patterns in Wetlands Secondary Indicators (2 or more required): _ Oiddaed Root Channels in Upper 12 Inch" _ Water-Stained .Loaves _ Local Sol Survey Data . _ FAC-Neutral Tast Depth to Saturated Soil: Other (6r?lain in Rerttarksl 1 Remarks: .. _ lk,d ( S:;li C i Mao Umt N s an+ C rra+naQe Carr. - (Sere- and r y, Ptlesal• r+MO Ottsonk .: T i -T?(`i? ley ( S "? ! t.? Camlirm Mandad ivae? Yoe No azono *rv ( uaQrouot: _ - P«10,10 DN GnOt10n• Concretions. ra ttt T Own . { n Matns Color Mdetlo Colors Memo ,ne'+e*? Stn,C•w," 'ITT Home IMuntte?l Mo,stt lMun+e•1 Mo,ttt at?nesncs?Crnt*sst a- 5` .5 t -A ct vim- --- f i . I l Hvanc Sad Inawtors: I ??? ? Canenaoro Hign pram- Content in Surface Laver in Sandv Sods Rime Eo,oodon _ Orgarac Strewng,n Sandy Sods Su(l9dic Ocar listad en Lad Hydnc Sails fist Aatsc Masters Aegirne Listed on Naaonat Hvdnc Sods List Reducing Candiaons _ l C I Ot."r (Ezzian in Xomemsi i , ors o woy or Low-Chorus A er++anc s: i1...i..', Sv) E WETLAND DE7ERMINAT10N ?r---? iCrdN HvdrDOhyae Vogstaman Prs+snt7 7-s No late-) Wedand Hydraiegy Presort? No Ns n tW Is tltis Srr+oGng Point V1Rt2tin s Wedartd7 Hvdna Sods Pnsmml 1 Aertmsr": 010962 CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. _B-3305 State Project No. 8.1420901 Federal Project No. BRSTP-53(l) P 0 A. Project Description: The project consists of replacing Bridge No. 43 on NC 53 over Colly Creek in Bladen County. The existing structure will be replaced with a new bridge approximately 170 feet in length at approximately the same location and elevation as the existing bridge. The cross section of the proposed bridge will consist of two 11-foot lanes with 3-foot offsets. Guardrail will be installed where warranted. The project length will be approximately 1000 feet. Traffic will be detoured along NC 210 and NC 11 during construction. B. Purpose and Need: Bridge No. 43 has a sufficiency rating of 48.2 out of 100. The deck and superstructure of this 52-year old bridge are in poor condition. For these reasons, Bridge No. 43 needs to be replaced. C. Proposed Improvements: The following Type II improvements which apply to the project are circled: 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit O3 Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements O Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. '-4 A 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying.will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. D. Special Project Information: Environmental Commitments: All standard procedures and measures will be implemented to avoid or minimize environmental impacts. All practical Best Management Practices (BMP's) will be included and properly maintained during project construction. In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." North Carolina Division of Environmental Management (DEM) Section 401 Water Quality General Certification will be obtained prior to issue of the Army Corps of Engineers Nationwide Permit #23. Estimated Costs: Construction $ 675,000 Right of Way $ 18,000 Total $ 693,000 Estimated Traffic: Current Year 2025 TTST DUAL 800 VPD 1300 VPD - 40% 6% Proposed Typical Roadway Section: The approach roadway cross section will consist of two 11-foot lanes with six- foot grassed shoulders on each side. Design Speed: 60 mph Functional Classification: Rural Major Collector Division Office Comments: The Division Six Office concurs with the recommendation to detour traffic along NC 210 and NC 11 during construction. Bridge Demolition Impacts: Bridge No. 43 has seven spans totaling 154 feet in length. The deck and bridge railings are composed of concrete. The substructure is composed of timber bents with concrete caps. Both the bridge rail and the bents will be removed without dropping components into Waters of the United States. There is potential for components of the deck and caps to be dropped into Waters of the United States during construction. The resulting temporary fill associated with the concrete deck and caps is approximately 44 yd3. 4 t 7 E. Threshold Criteria The following evaluation of threshold criteria must be completed for Type II actions. ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique on any unique or important natural resource? ? X (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? ? X (3) Will the project affect anadromous fish? X F1 (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3) acre and have all practicable measures to avoid and minimize wetland takings been evaluated? X (5) Will the project require use of U. S. Forest Service lands? D X (6) Will the quality of adjacent water resources be adversely - impacted by proposed construction activities? 1 X F (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? ? X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? ? X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? F-1 X (11) Does the project involve Coastal Barrier Resources Act resources? ? X 5 I< (12) Will a U. S. Coast Guard permit be required? X (13) Will the project result in the modification of any existing regulatory floodway? ? X (14) Will the project require any stream relocations or channel changes? ? X SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? ? X (16) Will the project require the relocation of any family or business? ? X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or ? X low-income population? (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? X ? (19) Will the project involve any changes in access control? ? X (20) Will the project substantially alter the usefulness d/ an or land use of adjacent property? F] X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? F? X (22) Is the project included in an approved thoroughfare plan and/ or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)? X ? (23) Is the project anticipated to cause an increase in traffic . volumes? F1 X (24) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? X 6 (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) X F] and will all construction proposed in association with the bridge replacement project be contained on the existing facility? (26) Is there substantial controversy on social, economic and environmental grounds concerning aspects of the action? F? X (27) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the project? X F-1 (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? F-1 X (29) Will the project affect any archaeological remains, which are important to history or pre-history? ? X (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? X (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act F-1 X of 1965, as amended? (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the natural Wild and Scenic Rivers? X F1 F. Additional Documentation Required for Unfavorable Responses in Part E (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached, as necessary.) None required. G. CE Approval TIP Project No. B-3305 State Project No. 8.1420901 Federal-Aid Project No. BRSTP-53(1) Project Description: The project consists of replacing Bridge No. 43 on NC 53 over Colly Creek in Bladen County. The existing structure will be replaced with a new bridge approximately 170 feet in length at approximately the same location and elevation as the existing bridge. The cross section of the proposed bridge will consist of two 11-foot lanes with 3-foot offsets. Guardrail will be installed where warranted. The project length will be approximately 1000 feet. Traffic will be detoured along NC 210 and NC 11 during construction. Categorical Exclusion Action Classification: X TYPE II(A) TYPE II(B) Approved: Date Lubin V. Prevatt, Assistant Manager Project Development and Environmental Analysis Branch G zg-y I lvqy,)Je- ac ?- Date Wayndf Elliott Project Development Unit Head - 2 549 Z fflo, 1 Date K en T. rthner Project Development Engineer 4 North Carolina Department Of Transportation Planning & Environmental Branch BLADEN COUNTY REPLACE BRIDGE NO. 43 O\ NC 53 OVER COLLY CREEK B-3305 0 kilometers 1.6 kilometers 3.2 Figure 1 0 miles 1.0 miles 2.0 N to 0 - \ ? 34 ° 30' 1 • ? ' 1 1 ---- ? 53 - y, 3.7 °.'ha ma 53 1547 10 1 COI ¦ ? , 3 . . 2 15,41 - ? a I 10 / 1540 ?i ?j f \ /• 1 ?? co c,?+ /. \ 1542 15 3 : 1`' 2 1552 > . 10 7p cumE---` -? 154 ? \ a h /• 45 1545 ?' - ? ' a I ryS: ?''p\\7na.v I Par r?. LuFv Gaka Hvrscsho! Ammon 11 13 a / 34. 25' a Wblte Oak LADE Y I O Vell LAKES 6 5 a % 41 i Wrote Opbnn ^gAE k'ye / 41 w-"T t tEl:abetntown * ?? EORES7 tl 8 ?S ' a d .my 11 ? A 87 , N Q 0 0 0 • Studied Detour Route ,t a M i North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Division of Archives and History Betty Ray McCain, Secretary Jeffrey J. Crow, Director December 22, 1997 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge #43 on NC 53 over Colly Creek, Bladen County, B-3305, Federal Aid Project BRSTP- 530 ), State Project 8.1420901, ER 98-7934 Dear Mr. Graf: On December 17, 1997, Debbie Bevin of our staff met with North Carolina Department of Transportation (NCDOT) staff for a meeting of the minds concerning the above project. We reported our available information on historic architectural and archaeological surveys and resources along with our recommendations. NCDOT provided project area photographs and aerial photographs at the meeting. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms of historic architectural resources, we are aware of no historic structures located within the area of potential effect. We recommend that no historic architectural survey be conducted for this project. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places. will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our comments. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. 109 East Jones Street • Raleigh, North Carolina 27601-2807 g?? Nicholas L. Graf December 22, 1997, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, Z4"L / David Brook Deputy State Historic Preservation Officer DB:slw cc: F. Vick B. Church T. Padgett or ,.a SnA7F v ?d Y' vq STATE OF NORTH CAROLINA DEPARTNIENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR June 25, 1999 MEMORANDUM TO: FROM: Wayne Elliot, P.E., Unit Head Bridge Replacement Unit LYNDO TIPPETT SECRETARY Chris Rivenbark, Natural Systems Specialist Natural Systems Unit SUBJECT: Natural Resources Technical Report for the proposed replacement of Bridge No. 43 over Colly Creek on NC 53 in Bladen County. Federal Aid Project No. BRSTP-53(1), State Project No. 8.1420901, TIP No. B-3305 ATTENTION: Karen Orthner, Project Planning Engineer Bridge Replacement Unit The attached Natural Resources Technical Report (NRTR) provides inventories and descriptions of natural resources within the project area to assist in preparation of a Programmatic Categorical Exclusion. Estimations of impacts likely to occur to these resources as a result of project construction are provided as well. If you have any questions, please contact me at 733-9513. cc:. Phil Harris, P.E., Unit Head, Natural Systems Unit File: B-3305 4 Replacement of Bridge No. 43 over Colly Creek on NC 53 in Bladen County Natural Resources Technical Report T.I.P. No. B-3305 State Project No. 8.1420901 F.A. Project No. BRSTP-53(1) North Carolina Department of Transportation Division of Highways Project Development and Environmental Analysis Branch Natural Systems Unit Chris Rivenbark, Natural Systems Specialist June 25, 1999 TABLE OF CONTENTS 1.0 INTRODUCTION ......................................................................................................1 1.1 PROJECT DESCRIPTION ...............................................................................................1 1.2 PURPOSE ................................................................................................................. .. 1 1.3 TERMINOLOGY AND DEFINITIONS ................................................................................ .. 1 1.4 QUALIFICATIONS OF INVESTIGATORS ........................................................................... ..1 1.5 METHODOLOGY ........................................................................................................ ..2 2.0 PHYSICAL RESOURCES ...................................................................................... ..2 2.1 WATER RESOURCES ................................................................................................. ..2 3.0 BIOTIC RESOURCES ............................................................................................ ..3 3.1 BIOTIC COMMUNITIES ................................................................................................ .. 3 3. 1.1 Maintained Roadside Community ..................................................................... ..3 3. 1.2 Coastal Plain Bottomland Hardwood Forest (Black Water Subtype) ............... .. 4 3. 1.3 Coastal Plain Perennial stream ........................................................................ .. 4 3. 1.4 Wildlife ............................................................................................................. .. 4 3.2 SUMMARY OF ANTICIPATED IMPACTS .......................................................................... .. 5 3. 2.1 Anticipated Impacts to Terrestrial Communities ............................................... .. 5 3. 2.2 Anticipated Impacts to Water Resources ......................................................... .. 5 4.0 JURISDICTIONAL TOPICS ................................................................................... ..6 4.1 WATERS OF THE UNITED STATES ............................................................................... .. 6 4. 1.1 Characteristics of Surface Waters .................................................................... .. 7 4. 1.2 Summary of Anticipated Impacts ..................................................................... .. 7 4.2 PERMITS .................................................................................................................. ..7 4.3 MITIGATION ............................................................................................................... ..8 4. 3.1 Avoidance ........................................................................................................ .. 8 4. 3.2 Minimization ..................................................................................................... .. 9 4. 3.3 Compensatory mitigation ................................................................................. .. 9 4.3 FEDERALLY PROTECTED SPECIES .............................................................................. .. 9 4.4 FEDERAL SPECIES OF CONCERN AND STATE LISTED SPECIES ...................................... 14 5.0 REFERENCES ....................................................................................................... 17 TABLE 1. ESTIMATED IMPACTS TO TERRESTRIAL COMMUNITIES .......................................... .. 5 TABLE 2. FEDERALLY PROTECTED SPECIES FOR BLADEN COUNTY ..................................... 10 TABLE 3. FEDERAL SPECIES OF CONCERN FOR BLADEN COUNTY .............:........................ 15 FIGURE 1. VICINITY MAP ................................................................................................... 18 1.0 INTRODUCTION The following Natural Resources Technical Report is submitted to assist in preparation of a Programmatic Categorical Exclusion. 1.1 Project Description The proposed project calls for the replacement of Bridge No. 43 over Colly Creek on NC 53. The bridge will be replaced at approximately the same location and elevation as the existing bridge. The proposed right-of-way will remain at the existing 24.4 m (80.0 ft). Project length is approximately 122.0 m (400.0 ft). Traffic will be detoured during construction along NC 210 and NC 11. 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, an additional field investigation may be necessary. 1.3 Terminology and Definitions For the purposes of this document, the following terms are used concerning the limits of natural resources investigated. Project study area denotes the area bounded by the proposed right-of-way limits. Project vicinity describes an area extending 0.8 km (0.5 mi) on all sides of the project study area. Project region is equivalent to an area represented by a 7.5 minute USGS quadrangle map [163.3 sq km (61.8 sq mi)], with the project as the center point. 1.4 Qualifications of Investigators Investigator: Chris Rivenbark, Natural Systems Specialist. Education: B.S. Natural Resources-Ecosystem Assessment North Carolina State University Experience: NCDOT Natural Systems Specialist, 1997-current Expertise: Natural resources investigations, wetland delineation, protected species surveys Investigator: Logan Williams Education: B.A. Philosophy, North Carolina State University A.A. Agricultural Pest Control, North Carolina State University M.S. Entomology, North Carolina State University Experience: NCDOT Natural Systems Specialist, 1995-current Expertise: Entomology, aquatic macroi nverteb rates, field botany, natural history 1.5 Methodology - Prior to the site visit, published resource information pertaining to the project vidinity was gathered and reviewed. Information sources include; U.S. Geological Survey (USGS) quadrangle maps (Kelly), NCDOT aerial photographs of project study area (1:1200), Geographic Information Systems information (N.C. Center for Geographic Information & Analysis), Fish and Wildlife Service (USFWS) list of protected species and N.C. Natural Heritage Program (NCNHP) database of uncommon and protected species and unique habitats. Field surveys for the project were conducted on June 14, 1998 by NCDOT Natural Systems Specialist Chris Rivenbark and on August 3, 1998 by Logan Williams and Chris Rivenbark. Plant communities were identified and recorded. Wildlife was identified using a number of observation techniques, including habitat evaluation, active searching and recording identifying signs of wildlife (sounds, tracks and burrows). 2.0 PHYSICAL RESOURCES Water resources which occur in the study area are discussed below. The availability of water and soils directly influence composition and distribution of flora and fauna in any biotic community. 2.1 Water Resources Field surveys revealed that one surface water is located within the project study area. The Division of Water Quality (DWQ) has assigned index numbers for streams and tributaries in North Carolina. One perennial stream in the Cape Fear River Basin, Colly Creek [DWQ Index No. 18-68-17, (4/1/59)] is crossed by NC 53. This stream carries a Best Usage Classification of Class C Sw. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. The supplemental classification Sw denotes swamp waters that have low velocities and other natural characteristics which are different from adjacent streams. No waters classified as High Quality Waters (HQW), Outstanding Resource Waters (ORW), or Water Supplies (WS-I or WS-II) occur within 1.6 km (1.0 mi) of project study area, however impacts will occur to Colly Creek. Point sources refers to discharges that enter surface water through a pipe, ditch, or other defined points of discharge. The term most commonly refers to discharges associated with wastewater treatment plants. 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 no permitted dischargers located within1.6 km (1.0 mi) upstream of the project study area. 2 Non-point source refers to runoff that enters surface waters through stormwater flow or no defined point of discharge. There are many types of land use activities that can serve as sources of nonpoint source pollution including land development, construction, crop production, animal feeding lots, failing septic systems, landfills, roads, and parking lots. Sediment and nutrients are major pollution-causing substances associated with nonpoint source pollution. Others include fecal coliform bacteria, heavy metals, oil and grease, and any other substance that may be washed off the ground or removed from the atmosphere and carried into surface waters The DWQ has initiated a whole basin approach to water quality management for the 17 river basins within the state. To accomplish this goal the DWQ collects biological, chemical and physical data that can be used in basinwide assessment and planning. All basins are reassessed every five years. Prior to the implementation of the basinwide approach to water quality management, the Benthic Macroi nve rteb rate Ambient Network (BMAN) assessed water quality by sampling for benthic macroi nverteb rate organisms at fixed monitoring sites throughout the state. There are no biological monitoring sites located within the project vicinity. 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 where applicable in the context of plant community classifications (Schafale and Weakley, 1990). Representative animal species which are likely to occur in these habitats are cited. Animals observed during the site visit are denoted by an asterisk (*).in the text. Sightings of spoor evidence are equated with sightings of individuals. Scientific nomenclature and common names (when applicable) are used for plant and animal species described. Subsequent references to the same organism will include the common name only. 3.1 Biotic Communities Three biotic communities, maintained roadside, Coastal Plain bottomland hardwood forest (black water subtype), and Coastal Plain Perennial stream exist within the project study area and will be impacted by the subject project. Each of these communities are described below. 3.1.1 Maintained Roadside Community The maintained roadside community consists of the highly maintained shoulders and some less intensively managed areas that grade into the surrounding natural communities. Significant soil disturbance and compaction, along with frequent mowing or herbicide application, keep this community in an early successional state. 3 Dominant plants in the heavily maintained portions of the maintained roadside community include fescue (Festuca sp.), and plantain (Plantago sp.). In the areas which receive lower levels of maintenance, more diverse communities can develop. This community was populated by clover (Lespedeza sp.), dog fennel (Eupatorium compositifolium), virginia creeper (Parthenocissus quinquefolia), sourweed (Rumex acetosella), muscadine grape (Vitis rotundifolia), poison ivy (Toxicodendron radicans), greenbrier (Smilax spp.) and red maple saplings (Acerrubrum). 3.1.2 Coastal Plain Bottomland Hardwood Forest (Black Water Subtype) The Coastal Plain bottomland hardwood forest (black water subtype community) included herb and vine species such as Japanese honeysuckle (Lonicera japonica), Japanese grass (Microstegium vimineum), poison ivy, greenbrier (Smilax sp.), and giant cane (Arundinaria gigantea). Trees and shrubs found in this area include black gum (Nyssa sylvatica), sweet gum (Liriodendron tulipifera), red maple, water oak (Quercus nigra), pepperbush (Clethra alnifolia), white oak (Quercus alba), laurel oak (Quercus laurifolia), sweetbay (Magnolia virginiana), and bald cypress (Taxodium distichum). 3.1.3 Coastal Plain Perennial stream At the time of the field visit, Colly Creek had an approximate depth of 0.6 m (2.0 ft). The flow was moderate and the water had dark brown color. The average channel width was approximately 6.1 m (20.0 ft). The substrate consisted of sand, silt, and cobble. 3.1.4 Wildlife Wildlife found in these communities is limited and consists primarily of wide-ranging, adaptable species which are well suited to coexistence with human development. Mammals common to disturbed edge areas, such as eastern cottontail rabbit (Sylvilagus floddanus), raccoon (Procyon lotor), white-tailed deer (Odocoileus virginianus), and gray squirrel (Sciurus carolinensis) may inhabit forested fringes. The most common reptiles found in such habitats are eastern box turtle (Terrapene carolina), predators such as black racer (Coluber constrictor), and eastern garter snake (Thamnophis sirtalis). Amphibians present in this community may include bullfrog (Rana catesbeiana), and pickerel frog (R. palustris). Birds likely to frequent such habitats include red-shouldered hawk *(Buteo lineatus), Northern cardinal* (Cardinalis cardinalis), yellow-throated warbler* (Dendroica dominica), red-eyed vireo* (Vireo olivaceus), Carolina wren* (Thryothorus ludovicianus), and prothonotary warbler* (Protonotaria citrea). Freshwater fishes likely to be found in creeks such as Colly Creek may include pirate perch (Aphredoderus sayanus), blue spotted sunfish (Enneacanthus gloriosus), eastern mud minnow (Umbra pygmaea), and tessellated darter (Etheostoma olmsted?). 4 Invertebrates that could be present may include: crayfish* (family Cambaridae) and nymphal stages of dragonflies and damselflies (Order Odonata). 3.2 Summary of Anticipated Impacts Construction of the proposed project will have various impacts on the biotic resources described. This section quantifies and qualifies potential impacts to the natural communities within the project study area in terms of the area impacted and the organisms affected. 3.2.1 Anticipated Impacts to Terrestrial Communities Impacts to terrestrial communities will result from project construction due to the clearing and paving of portions of the project study area, and thus the loss of community area. Calculated quantitative impacts to terrestrial communities reflect the relative abundance of each community present in the study area (Table 1). Estimated impacts are derived based on the project length of 122.0 m (400.0 ft.). The entire right- of-way [24.4 m (80.0 ft)] was used for this calculation. The entire right-of-way will probably not be impacted, therefore actual impacts to the communities may be considerably less. Table 1. Estimated impacts to terrestrial communities. Community type Estimated' impacts ha (ac) Maintained roadside 0.223 (0.551) Coastal Plain bottomland hardwood forest 0.074 (0.184) Total 0.297 (0.735) Flora and fauna occurring in these communities are generally common throughout North Carolina because of their adaptability to wide ranging environmental factors. Moreover, a similar roadside shoulder community will be re-established after construction. Animals temporarily displaced by construction activities should repopulate areas suitable for the species following project completion. As a result, it is unlikely that existing species will be displaced significantly from the project study area following construction. However, to minimize the temporary effects of project construction, all cleared areas along the roadways should be revegetated promptly after project completion to minimize erosion and the loss of wildlife habitat. 3.2.2 Anticipated Impacts to Water Resources Estimated impacts to Colly Creek will be approximately 0.02 ha (0.04 ac). Impacts are calculated by using the width of the stream channel [6.1 m (20.0 ft)] and the entire right-of-way 24.4 m (80.0 ft). The entire right-of-way will probably not be impacted, therefore actual impacts to the stream may be considerably less. Aquatic communities are sensitive to any changes in the environment. Any action that affects water quality can have an adverse impact on aquatic organisms. 5 Although most of the disturbance caused by project construction will be temporary, some environmental impacts caused by the proposed project will be long term or irreversible. Installation or modification of instream structures, such as replacement of bridges, can permanently affect many physical stream parameters. Project construction may result in the following impacts to surface waters: - Increased silt loading and sedimentation from erosion of disturbed soils. - Changes in light incidence, water clarity and water temperature due to increased sediment load and riparian vegetation removal. - Alteration of stream discharge due to silt loading and changes in surface or ground water drainage patterns. - Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles. Precautions must be taken to minimize these and other impacts to water resources in the study area. NCDOT's Best Management Practices (BMP) for the Protection of Surface Waters must be strictly enforced throughout the construction stage of the project. The deck and bridge railings are composed of concrete. The substructure is composed of timber bents and concrete caps. Both the bridge rail and the bents will be removed without dropping components into Waters of the United States. There is potential for components of the deck to be dropped into Waters of the United States during construction. The resulting temporary fill associated with the concrete deck and caps is approximately 33.6 m3 (44.0 yd 3). 4.0 JURISDICTIONAL TOPICS This section provides inventories and impact analyses pertinent to two significant regulatory issues: Waters of the United States and rare and protected species. These issues retain particular significance because of federal and state mandates which regulate their protection. This section deals specifically with the impact analyses required to satisfy regulatory authority prior to project construction. 4.1 Waters of the United States The U.S. Army Corps of Engineers (USACE) promulgated the definition of "waters of the United States" under 33 CFR §328.3(a). Waters of the United States include most interstate and intrastate surface waters, tributaries, and wetlands. Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions are considered "wetlands" under 33 CFR §328.3(b). Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands are identified based on the presence of hydric soils, 6 hydrophytic vegetation, and saturated or flooded conditions during all or part of the growing season. Any action that proposes to place dredged or fill materials into waters of the United states falls under the jurisdiction of the USACE, and must follow the statutory provisions under Section 404 of the Clean Water.Act (CWA) (33 U.S.C. 1344). 4.1.1 Characteristics of Surface Waters One surface water, Colly Creek, exists within the project study area and is considered a jurisdictional surface water under Section 404 of the Clean Water Act (33 U.S.C. 1344). Discussion of the biological and water quality aspects of this water resource are presented in previous sections of this report. 4.1.2 Summary of Anticipated Impacts Estimated impacts to Colly Creek will be approximately 0.02 ha (0.04 ac). Impacts are calculated by using the width of the stream channel [6.1 m (20.0 ft)] and the entire right-of-way 24.4 m (80.0 ft). The entire right-of-way will probably not be impacted, therefore actual impacts to the stream may be considerably less. No jurisdictional wetlands are located within the project study area. 4.2 Permits Clean Water Act §401 authorizes states to determine whether activities permitted by the federal government comply with state water quality standards: The DWQ may require a Section 401 Water Quality Certification if a project fills or substantially modifies waters or wetlands. The Section 401 Water Quality Certification allows surface waters to be temporarily impacted for the duration of the construction or other land manipulation. North Carolina developed General Certifications (GCs) that satisfy CWA §401 and correspond to the Corps of Engineers' NWPs (NCDENR, DWQ, Water Quality Section, Wetlands Water Quality Certification; undated Internet site). The issuance of a 401 permit from the DWQ is a prerequisite to issuance of a Section 404 permit. Water Quality Certification No. 3107, which corresponds to NWP 23, will likely be required for the project. Clean Water Act §404 establishes a permit program to regulate the discharge of dredged or fill materials into waters of the United States. The USACE, which administers the permit program under CWA §404, established nationwide permits for minor activities, specialized activities, and activities regulated by other authorities. A nationwide permit (NWP) is a permit by rule. In other words, compliance with the NWP rules satisfies the statutory provisions under Section 404 of the Clean Water Act. Forty NWPs referenced by a number currently exist (Strand, 1997). Nationwide 23, entitled Approved Categorical Exclusions, covers certain activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another Federal agency or department. Nationwide Permit 23 applies when another Federal agency or department determines that their activity, work, or discharge is categorically excluded from an environmental impact statement (EIS) under the National Environmental Policy 7 Act (NEPA). The activity, work, or discharge becomes categorically excluded when its actions neither individually nor cumulatively have a significant effect on the human environment. The Office of the Chief of Engineers must receive notice of the agency's or department's application for the categorical exclusion and concur with the categorical exclusion determination (61 FR 65874, 65916; December 13, 1996). A Nationwide Permit 23 CFR 330 Appendix A (B) (23) is likely to be applicable for the crossing of Colly Creek. This permit authorizes construction provided the following conditions are met: • the width of the fill is limited to the minimum necessary for the actual crossing; • the fill place in Waters of the United States is limited to a filled area of no more than 0.45 ha (1.0 ac); • no more than a total of 45.7 m (150 linear ft) of the fill for the roadway can occur in special aquatic sites, including wetlands; • 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; • the crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of Waters of the United States. 4.3 Mitigation The COE has adopted through the Council on Environmental Quality (CEQ) a wetland mitigation policy which embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological and physical integrity of Waters of he United States, specifically wetlands. Mitigation of wetland impacts has been defined by the CEQ to include: avoiding impacts (to wetlands), minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20). Each of these three aspects (avoidance, minimization and compensatory mitigation) must be considered sequentially. 4.3.1 Avoidance Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States. According to a 1990 Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE, in determining "appropriate and practicable" measures to offset unavoidable impacts, such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost, existing technology and logistics in light of overall project purposes. 8 4.3.2 Minimization Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts to Waters of the United States. Implementation of these steps will be required through project modifications and permit conditions. Minimization typically focuses on decreasing the footprint of the proposed project through the reduction to median widths, right-of-way widths, fill slopes and/or road shoulder widths. 4.3.3 Compensatory mitigation Compensatory mitigation in 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 been required. Compensatory actions often include restoration, creation and enhancement of Water of the United States, specifically wetlands. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site. Compensatory mitigation is required for those projects authorized under Nationwide Permits that result in the fill or alteration of: • More than 0.45 ha (1.0 ac) of wetlands; • And/or more than 45.7 m (150.0 linear ft) of streams. Written approval of the final mitigation plan is required from the DWQ prior to the issuance of a 401 Certification. Final permit/mitigation decisions rest with the COE and DWQ. Minimal impacts to jurisdictional surface waters may occur as result of the proposed project. If fill or dredging in surface waters occurs as a result of construction activities, permits and certifications will be required from various regulatory agencies in charge of protecting the water quality of public waters resources. 4.3 Federally Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human activities. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally protected, be subject to review by the U.S. Fish and Wildlife Service (FWS). 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 9 I amended. An endangered species is considered to be a species that is in danger of becoming extinct throughout all or a significant portion of its range. A threatened species is considered to be a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. As of May 13, 1999, the U.S. Fish and Wildlife Service (FWS) lists six federally protected species for Bladen County (see Table 2). A brief description and a biological conclusion is provided for each of these species below. Table 2. Federally protected species for Bladen County Scientific Name Common Name Status Acipenser brevirostrum Shortnose sturgeon Endangered Alligator aestivalis American alligator T(S/A) Picoides borealis Red-cockaded woodpecker Endangered Lindera melissafolia Southern spicebush Endangered Lysimachia asperulaefolia Rough-leaved loosestrife Endangered Schwalbea americana American chaffseed Endangered Note: Endangered- denotes a species is in danger of extinction throughout all or a significant portion of its range. T(S/A)-Threatened (Similarity/Appearance) denotes a species that is threatened due to similarity of appearance with another rare species and is listed for its protection. Acipenser brevirostrum (short-nosed sturgeon) Endangered Animal Family: Acipenseridae Date Listed: March 11, 1967 The short-nosed sturgeon is a small (1 meter in length) species of fish which occurs in the lower sections of large rivers and in coastal marine habitats from the St. John River, Canada to the Indian River, Florida. It can be differentiated from the Atlantic sturgeon because of its shorter snout, wider mouth, and the pattern of its preanal shields (the short-nose having one row and the Atlantic which has two). The short-nosed sturgeon prefers deep channels with a salinity less than sea water. It feeds on benthic invertebrates and plant material and is most active at night. It is an anadromous species that spawns upstream in the spring and spends most of its life within close proximity of the rivers mouth. At least two entirely freshwater populations have been recorded, in South Carolina and Massachusetts. The short-nosed sturgeon requires large fresh water rivers that are unobstructed by dams or pollutants to reproduce successfully. 10 Biological Conclusion: No Effect Suitable habitat in the form of large fresh water rivers is not present in the project area. In addition, a review of the North Carolina Natural Heritage Program (NCNHP) database on June 18, 1999 indicated that there is no known occurrence of short-nosed sturgeon within 1.6 km (1.0 mi) of the project area. Therefore, this project will not affect this species. Alligator mississippiensis (American alligator) T (S/A) Animal Order: Lorcata Date listed: April 2, 1997 Alligator mississippiensis range from 1.8 to 5.8 m (6 to 19 ft.) in length. This reptile has a broad snout, a short neck, a heavy body, and a laterally compressed tail. Adults are blackish or dark gray, but faint yellowish crossbands are sometimes evident. The young are black with conspicuous yellow crossbands. This species is similar to the Spectacled Caiman but has a small, curved bony ridge in front of the eyes. The American alligator inhabits fresh water swamps, marshes, abandoned rice fields, ponds, lakes, and backwaters of large rivers. Although its range once extended north in the coastal plain to the Dismal Swamp, the American alligator is now absent in the area north of the Albemarle Sound and in much of the upper coastal plain. In June, the female builds a large mound of leaves, mud, and debris about 60 cm high, 120 to 200 cm wide, and usually located in a shaded area a few meters from the water. She deposits about 30 eggs in a cavity atop the mound, remains nearby, and challenges all intruders, frequently including man. Hatchlings about 21 cm long emerge in late summer or early fall. Alligator mississippiensis is listed as Threatened due to similarity of appearance with other rare species that are listed for protection. This species is not biologically endangered or threatened and is not subject to Section 7 consultation. Picoides borealis (red-cockaded woodpecker) Endangered Animal Family: Picidae Date Listed: October 13, 1970 The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cap, nape, and throat. 11 The RCW uses open old growth stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contigu pus with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are > 60 years old and are contiguous with pine stands at least 30 years of age. The foraging range of the RCW is up to 200.0 hectares (500.0 acres). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with the fungus that causes red-heart disease. Cavities are located in colonies from 3.6-30.3 m (12-100 ft) above the ground and average 9.1- 15.7 m (30-50 ft) high. They can be identified by a large incrustation of running sap that surrounds the tree. The RCW lays its eggs in April, May, and June; the eggs hatch approximately 38 days later. Biological Conclusion: No Effect Suitable habitat in the form of pine trees that are > 60 years old and are contiguous with pine stands at least 30 years of age is not present in the project area. Neither red-cockaded woodpeckers nor cavity trees were observed during the field investigation. A review of the North Carolina Natural Heritage Program (NCNHP) database on June 18, 1999 indicated that there is one known occurrence of red- cockaded woodpeckers approximately 0.8 km (0.5 mi) west of the project area. Two cavity trees were observed in 1976 along NC 210, approximately 5.6 km (3.5 mi) east of Kelly in an open pond-pine shrub bog community. Replacement of bridge No.43 will not involve the removal of any pines that are contiguous with the pine stand in which these cavities are located. Therefore, this project will not affect this species. Lindera melissifolia (pondberry) Endangered Plant Family: Lauraceae Federally Listed: July 31, 1986 Flowers Present: March - early April Pondberry is a deciduous, aromatic shrub that has a distinct sassafras-like odor. Leaves in the pondberry are arranged alternately, have rounded bases, and droop downward. It has small pale yellow flowers that appear in early spring before the leaves. The fruit which matures in August or September is a bright red drupe. Pondberry grows in lowland habitats with hydric soils. These sites are generally flooded at some time during the growing season. It is associated with the margins of sinks, ponds, and other depressions. The soils present are sandy with a high peat content in the subsurface. Areas inhabited by this species show signs of past fire maintenance and now have shrubby conditions. The plants generally grow in shady areas but may also be found in areas that receive full sunlight. 12 Biological Conclusion: No Effect Suitable habitat in the form of lowland habitats exists within the project area. However, pondberry was not observed during the field investigation. In addition, a review of the North Carolina Natural Heritage Program (NCNHP) database on June 18, 1999 indicated that there is no known occurrence of pondberry within 1.6 km (1.0 mi) of the project area. Therefore, this project will not affect this species. Lysimachia asperulaefolia (rough-leaved loosestrife) Endangered Plant Family: Primulaceae Federally Listed: June 12, 1987 Flowers Present: June Rough-leaved loosestrife is a perennial herb having slender stems and whorled leaves. This herb has showy yellow flowers which usually occur in threes or fours. Fruits are present from July through October. Rough-leaved loosestrife is endemic to the coastal plain and sandhills of North and South Carolina. This species occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins (areas of dense shrub and vine growth usually on a wet, peat, poorly drained soil), on moist to seasonally saturated sands and on shallow organic soils overlaying sand. It has also been found to occur on deep peat in the low shrub community of large Carolina bays (shallow, elliptical, poorly drained depressions of unknown origins). The areas it occurs in are fire maintained. Rough-leaved loosestrife rarely occurs in association with hardwood stands and prefers acidic soils. Biological Conclusion: No Effect Suitable habitat in the form of ecotones or edges between longleaf pine uplands and pond pine pocosins is not present in the project area. Rough-leaved loosestrife was not observed during the field investigation. In addition, a review of the North Carolina Natural Heritage Program (NCNHP) database on June 18, 1999 indicated that there is no known occurrence of rough-leaved loosestrife within 1.6 km (1.0 mi) of the project area. Therefore, this project will not affect this species. Schwalbea americana (American chaffseed) Endangered Plant Family: Scrophulariaceae Federally Listed: September 29, 1992 Flowers Present: late May-early June 13 1? • American chaffseed is an erect herb whose stems branch only at the base (if at all). The entire plant is pubescent, with upwardly curving hairs. The narrow leaves are alternate, lance-shaped to elliptic and stalkless. The leaves are three veined and become progressively smaller towards the top. It bears solitary flowers in the axils of the upper most leaves. The purplish-yellow flowers are arranged into racemes. The fruits are long narrow capsules, enclosed in a loose-fitting sack-like structure. American chaffseed occurs in open, moist pine flatwoods, fire maintained savannas, and ecotonal areas between peat wetlands and open grass-sedge systems. Soils are generally sandy, acidic, and seasonally moist to dry. Fire is important in the maintenance of open habitat for the American chaffseed. Biological Conclusion: No Effect Suitable habitat for American chaffseed is not present in the project area. American chaffseed was not observed during the field investigation. In addition, a review of the North Carolina Natural Heritage Program (NCNHP) database on June 18, 1999 indicated that there is no known occurrence of American chaffseed within 1.6 km (1.0 mi) of the project area. Therefore, this project will not affect this species. 4.4 Federal Species of Concern and State Listed Species There are twenty-five Federal Species of Concern (FSC) listed for Bladen County. Federal Species of Concern are not afforded federal protection under the ESA and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Federal Species of Concern are defined as those species which may or may not be listed in the future. These species were formally candidate species, or species under consideration for listing for which there was insufficient information to support a listing of Endangered, Threatened, Proposed Endangered and Proposed Threatened. Organisms which are listed as Endangered (E), Threatened (T), Significantly Rare (SR) or Special Concern (SC) by the North Carolina Natural Heritage Program (NCNHP) list of rare plant and animal species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. However the level of protection given to state listed species does not apply to NCDOT activities. Table 3 lists Federal Species of Concern and, the species state status and the existence of suitable habitat for each species in the project study area. This species list is provided for information purposes as the status of these species may be upgraded in the future. 14 Table 3. Federal Species of Concern for Bladen County. Scientific name Common name NC Habitat Status Aimophila aestivalis Bachman's sparrow SC No Corynorhinus rafinesquii Rafinesque's big-eared SC No bat Heterodon simus Southern hognose snake SR* Yes Ophisaurus mimicus Mimic glass lizard SC Yes Rana capito capito Carolina gopher frog SC No Fusconaia masoni Atlantic pigtoe T Yes Hemipachnobia subporphyrea Venus flytrap cutworm SR No subporphyrea moth Lampsilis cariosa Yellow lampmussel T Yes Progomphus bellei Belle's sanddragon SR Yes Amorpha georgiana var. Savannah indigo-bush E No confusa Asplenium heteroresiliens Carolina spleenwort E No Astragalus michauxii Sandhills milkvetch C/PT No Carex chapmanii Chapman's sedge W1 Yes Dionaea muscipula Venus flytrap C-SC No Kalmia cuneata White wicky E-SC/PC No Litsea aestivalis Pondspice C No Lobelia boykinii Boykin's lobelia C No Macbridea caroliniana Carolina bogmint C/PT Yes Parnassia caroliniana Carolina grass-of- E No parnassus Parthenium radfordii Waveyleaf wild quinine W2 No Plantago sparsiflora Pineland plantain E. No Pteroglossaspis ecristata Spiked medusa E** No Rhexia aristosa Awned meadowbeauty T No Solidago verna Spring-flowering E/PT No goldenrod ' Tofieldia glabra Carolina asphodel C* No Note "E"--An Endangered species is one whose continued existence as a viable component of the State's flora is determined to be in jeopardy. "T"--A Threatened species is one which is likely to become endangered species within the foreseeable future throughout all or a significant portion of its range. "SC"--A Special Concern species is one which requires monitoring but may be taken or collected and sold under regulations adopted under the provisions of Article 25 of Chapter 113 of the General Statutes (animals) and the Plant Protection and Conservation Act (plants). Only propagated material may be sold of Special Concern plants that are also listed as Threatened or Endangered. F 15 "C"--A Candidate species is one which is very rare in North Carolina, generally with 1-20 ,populations in the state, generally substantially reduced in numbers by habitat destruction, direct exploitation or disease. The species is also either rare throughout its range or disjunct in North Carolina from a main range in a different part of the country or the world. "SR"--A Significantly Rare species is one which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction, direct exploitation or disease. The species is generally more common elsewhere in its range, occurring peripherally in North Carolina. "W1 "--A Watch Category 1 species is a rare species whose status in North Carolina is relatively well known and which appears to be relatively secure at this time. "W2"--A Watch Category 2 species is a rare to uncommon species in North Carolina, but is not necessarily declining or in trouble. VP_` denotes a species which has been formally proposed for listing as Endangered, Threatened, or Special Concern, but has not yet completed the listing process. "*"--No specimen found in Bladen County in fifty years. Obscure record (the date and/or location of observation is uncertain). Surveys for these species were not conducted during the site visit. A review of the N.C. Natural Heritage Program database of the rare species and unique habitats on June 18, 1999 did not reveal any records of North Carolina rare and/or protected species in or near the project study area. 16 0 5.0 REFERENCES Amoroso, J.L. 1997. Natural Heritage Program list of the rare plant species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Fish, F.F. 1969. A Catalog of the Inland Fishing Waters of North Carolina. North Carolina Wildlife Resources Commission. The Graphic Press, Inc. LeGrand, Jr., H.E. and S.P. Hall. 1997. Natural Heritage Program list of the rare animal species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. Chapel Hill, The University of North Carolina Press. Pennak, R.W. 1989. Fresh-water Invertebrates of the United States, 3rd ed. John Wiley and Sons, Inc. 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. Rohde, F.C., R.G. Arndt, D.G. Lindquist, and J.F. Parnell. 1994. Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware. The University of North Carolina Press, Chapel Hill and London. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina. Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. U.S. Fish and Wildlife Service. 1997. Endangered, Threatened, and Candidate Species and Federal Species of Concern in North Carolina Webster, W.D., J.F. Parnell and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. Chapel Hill, The University of North Carolina Press. Chapel Hill and London. 17