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
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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
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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
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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
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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-
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r)JO.i.'?S l C1J 'T91? o` l
'' AJ ? ?4J
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,.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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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"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.
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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.
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