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HomeMy WebLinkAbout20041961 Ver 1_Complete File_20041209Q? ? t NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor APPROVAL of 401 Water Quality Certification Mr. Timothy Johnson, P.E., Division Engineer North Carolina Department of Transportation, Div. 8 P.O. Box 1067 Aberdeen, North Carolina 28315 Dear Mr. Johnson: William G. Ross, Jr., Secretary Alan Klimek, P.E., Director Coleen Sullins, Deputy Director Division of Water Quality February 7, 2005 Scotland County DWQ Project No. 04-1961 DOT Project No.36969 You have our approval, in accordance with the attached conditions and those listed below, to place fill material in a total of 27 linear feet of stream and .006 acre of wetland for the purpose of replacing three deficient pipe culverts as part of the improvements to Lauchwood Drive, SR 1674, in Scotland County. The project shall be constructed in accordance with your application dated 7 December 2004 (received 9 December 2004). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3404, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetiands. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. p P-7 3 J7 R 7? s FE H r 'i?05 INEX4ND?Aj -1 t si^,y Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541/FAX: 910-486-0707\ Internet: www.enr.state.ne.us/ENR An Final nnnnrtitnity 1 Affirmative Action Fmnlnvar -50% RarvrlPr11 10% Pnst Cnnsttmar Paner I Mr. Timothy Johnson February 7, 2005 Page 2 Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 1. NCDOT shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may re-evaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify NCDOT and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be provided to the US Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 2. Supporting information for this project, submitted January 12, 2005, indicates that greater than 42% of the project area will be impervious surface. In accordance with condition #6 of WQC 3404, a site-specific storm water management plan must be developed and implemented that will result in an 85% reduction in total suspended solids. Plans for these measures must be approved and the measures installed prior to completion of this project. 3. A silt bag is to be used in lieu of a settling basin, as indicated in the January 12, 2005 submittal. Placement of the silt bag shall not result in excavation or fill of jurisdictional wetlands, although temporary work mats are acceptable in these areas. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. f Mr. Timothy Johnson Page 3 February 7, 2005 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Ken Averitte at 910-486-1541. ext 722. Sin?c]erelyj, 1 Alan W. Klimek, P.E. Attachments cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville Regional Office, DWQ Rob Ridings, 401 Wetlands Unit Central Files Art King, DEO, Div. 8, NCDOT Scot.sr1674.doc FE.-D) << DLNR - Uur WETLANDS OJVG ?;,,, y r? .?.,.. 0 419 61 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY October 14, 2004 Richard K. Spencer D LS @ IN u V IM R: Rob Ridings Regulatory Division NCDWQ U.S. Army Corps of Engineers DEC 0 9 2004 401 Wetlands Unit P.O. Box 1890 1650 Mail Service Center Wilmington, NC 28402-1890 DENR-WATER QUAUTY Raleigh, NC 27699-1650 Subject: Nationwide Permit #14 & 33 WETLANDS AND STOWWATER BRANCH SR-1674 Scotland County Project # 36969 (DWQ Permit Fee $200) Mr. Spencer: The North Carolina Department of Transportation, Highway Division 8 is requesting Nationwide Permit Number(s) 14 & 33 for project 36969 on SR 1674 (L,auchwood Dr.) in Scotland County. The proposed project will replace an existing deficient crossing pipe as follows: Site 2- Replace existing 3-54"x 77' RCP's with a 3 chambers of 8'x 5'x 104' Reinforced Concrete Box Culvert. *Note: Site-1 is a non jurisdictional pipe crossing. The total percentage of impervious surface within the project area will remain at less than 30%. All erosion control devices will be appropriate to the location and in compliance with the current version of the NCDOT Best Management Practices manual. There will be .006 acres of Non-Riverine Wetland impacts associated with this project, along with 27 ft. (net) of linear stream impacts. Equivalent compensatory mitigation for all permanent project impacts will be processed through the North Carolina Ecosystem Enhancement Program (EEP) on a quarterly basis, as specified by prior agreement. This project is located on Big Branch Creek, a class C; Sw stream within the Lumber River basin. Due to the amount of anticipated flow, dewatering will be required at this site. Construction will be done under dry conditions whenever possible. There were no threatened or endangered species observed within the project area during the required minimum criteria check. Phased construction of the replacement culvert will limit the need for detours on this project. If detours are required they will be done off site using local state roads. If you require any additional information, please contact me. S' 1Y, C. King Division Environmen O cer I ?`?^,r Highway Division 8 cc: Tim Johnson, PE C' Alison Whitesell, PE P.O. Box 1067, ABERDEEN NORTH CAROLIN-A 28315 PHONE (910) 944-2344 FAX (910) 944-5623 Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing D L? l? r= O V 1. Check all of the approval(s) requested for this project: D ® Section 404 Permit DEC 0 9 2004 ? Section 10 Permit ® 401 Water Quality Certification DENR - WATER QUALITY ? Riparian or Watershed Buffer Rules WETLM AND STORMWATER WNCH 2. Nationwide, Regional or General Permit Number(s) Requested: 14 & 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Tim Johnson PE Division Engineer NCDOT Highway Division 8 Mailing Address: PO Box 1067 Aberdeen NC 28315 Telephone Number: 910-944-2344 Fax Number: 910-944-5623 E-mail Address: tjohnson@a dot state.nc us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Alison Whitesell, PE Company Affiliation: NCDOT Highway Div. 8 Mailing Address: PO Box 1067 Aberdeen, NC 28315 Telephone Number: 910-944-2344 Fax Number: 910-944-5623 E-mail Address: awhiteselKNot state.nc.us Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: SR-1674 (Lauchwood Dr.) 2. T.I.P. Project Number or State Project Number (NCDOT Only): 36969 3. Property Identification Number (Tax PIN): NA 4. Location County: Scotland Nearest Town: Laurinburg? Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): Connection between Business US 15-401 and Caledonia Rd in Laurinburg 5. Site coordinates, if available (UTM or Lat/Long):Lat: N34° 45.064' Longs W79° 27.926' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Urban, Commercial 7. Property size (acres): N 8. Nearest body of water (stream/river/sound/ocean/lake): Big Branch Creek 9. River Basin: Lumber (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/adniin/maps/.) Page 6 of 12 10. Describe the purpose of the proposed work: Replace the existing 3 -54"x 77' RCP's with a 3 chambers of - 8'x 5'x 104' Reinforced concrete Box Culvert 11. List the type of equipment to be used to construct the project: Track Excavator, Dump Truck 12. Describe the land use in the vicinity of this project: Urban Commercial IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Wetland Impacts Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** es/no Distance to Nearest Stream (linear feet) Type of Wetland*** Site 2 Perm .006 yes Non-riverine * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FF,MA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httn://wwNv.feina.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property:.006 Total area of wetland impact proposed: .006 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) Site 2 Perm. culvert 104' Big Branch Creek 20-25' P « Temp. dewatering 100, .? * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.us,s. Gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.te?pozonc.com, www.mapLluest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site:.104' Page 8 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) None " List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredgmg, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. NA VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at littp://li2o.enr.state.nc.us/ncwetiands/strmt;ide.litml. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. FEP quarterly 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http:/ih2o.enr.state.nc.us/w!M/index.litm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page I 1 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or.0260. NA XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Neither the current impervious cover nor the new proposed impervious cover (gravel road bed or asphalt pavement) will exceed 30% of the total site area Erosion control devices appropriate to the site will be utilized on this project which may include silt fences check dams and storm water retaining basins -- XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). l Applicant/Agent's Sigr0ature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 PROJECT NARRATIVE WIDENING OF LAUCHWOOD DRIVE (SR 1674) SCOTLAND COUNTY, NORTH CAROLINA OCTOBER 2004 Proiect Description: The North Carolina Department of Transportation (NCDOT) is proposing improvements along 1.5 miles of Lauchwood Drive (SR 1674) in Scotland County (hereafter referred to as "the study corridor", Sheet 1 of 8 of the permit drawings). Included in these improvements are plans to widen the existing two-lane segment of Lauchwood Drive to a three-lane curb and gutter roadway, and to replace the three barrel pipe culvert at the Big Branch stream crossing. NEPA: Planning for this improvement project is being addressed in a Categorical Exclusion report being prepared by I-INTB Corporation. Traffic Maintenance Durin1l Construction: During construction of Lauchwood Drive improvements, traffic will be maintained on-site. In addition, the three barrel pipe culvert will be installed in phases so that traffic can be maintained on-site by shifting the traffic pattern according to the phase/step of installation (Sheets 4 to 7 of 8 of the permit drawings). Jurisdictional Areas: Jurisdictional areas within the study corridor were delineated by EcoScience Corporation (ESC) personnel during February and March 2004. One jurisdictional stream system, Big Branch, and two jurisdictional wetland systems are located within the study corridor. Site 1 is a wetland depression which occurs at the confluence of two stormwater conveyances near the western end of the corridor and south of Lauchwood Drive (Sheet 3 of 8 of the permit drawings). Site 2 consists of Big Branch and adjacent wetlands located south of Lauchwood Drive on the western bank of Big Branch (Sheets 4 to 8 of 8 of the permit drawings). A completed United States Army Corps of Engineers stream quality data form for Big Branch and routine wetland determination data forms are attached. The following table summarizes all jurisdictional area impacts associated with this project. Table 1: Summary of Impacts to Jurisdictional Areas Area Permanent Fill in Wetlands (acres) Permanent Fill in Stream (acres) Site 1 0 0 Site 2 0.006 0.03 Totals 0.006 0.03 1 Protected Species: The following list of federally protected species for Scotland County was obtained from the USFWS (2003). Table 2: Federally Protected Species for Scotland County Common Name Scientific Name Status* Habitat Present Biological Conclusion Red-cockaded woodpecker Picoides borealis E Yes May Affect, Not Likely to Adversely Affect American alligator Alligator mississippiensis T(S/A) No NA American chaffseed Schtvalbea antericana E No No Effect Rough-leaved loosestrife Lysintachia asperulaefolia E No No Effect Canby's dropwort Oxypolis canbyi E No No Effect Michaux's sumac Rlues michauxii E Yes Unresolved *Federal Status: E--Endangered; a taxon "in danger of extinction throughout all or a significant portion of its range;" T--Threatcned; a taxon "likely to become Endangered within the foreseeable future throughout all or a significant portion of its range;" T (S/A) - Threatcned, due to similarity of appearance. The study corridor was examined for habitat that meets the requirements for each federally listed species. Habitat for two federally protected species, red-cockaded woodpecker and Michaux's sumac, is present within the study corridor; therefore, detailed surveys for these species were undertaken. No habitat exists within the study corridor for American alligator, American chaffseed, rough-leaved loosestrife, and Canby's dropwort. North Carolina Natural Heritage Program records document no known occurrences of any federally protected species within the vicinity of the study corridor. There is no suitable nesting or roosting habitat in the study corridor (trees 60 years of age or older) for red-cockaded woodpeckers. However, a small stand of pines (less than 2 acres in size) at the western end of the corridor, across from McAlpine Lane, provides potential foraging habitat opportunities red- cockaded woodpecker. Following FWS guidelines (Henry 1989), a driving survey was undertaken within a 0.5-mile radius of the study corridor in an effort to identify suitable nesting habitat for red-cockaded woodpeckers and, subsequently, utilize potential foraging areas in or near Lauchwood Drive. No suitable sites were found. In addition, no individuals were observed during the site visit (based on the results of systematic surveys undertaken in this tract) and North Carolina Natural Heritage Program records indicate the nearest red-cockaded woodpecker occurrence to be 3 miles southwest of the study corridor. Due to the small size of the pine stand within the study corridor, its position in a highly urbanized environment, and the lack of connectivity with other large habitat areas, no adverse impacts to red-cockaded woodpeckers are anticipated as a result of this project. Therefore, based on available information, the proposed project "May Affect, but is not Likely to Adversely Affect" red-cockaded woodpeckers. Habitat for Michaux's sumac may exist within the study corridor in successionaUdisturbed areas, canopy openings, and roadside margins; therefore, plant-by-plant surveys were completed on September 15, 2004 during the optimal survey window. The systematic survey was conducted within suitable habitat by walking overlapping transects to insure complete visual coverage. No specimens of Michaux's sumac were found during surveys. Based on available information, the proposed project will have "No Effect" on Michaux's sumac. 2 Avoidance and Minimization: The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize wetland impacts, and to provide full compensatory mitigation of all remaining, unavoidable jurisdictional impacts. Avoidance measures were taken during the planning, and minimization measures were incorporated as part of the project design. Avoidance techniques implemented include the following. 1. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. 2. Careful containment of toxic or hazardous materials near creeks and tributaries, and employment of strict erosion and sediment control procedures will be practiced to avoid additional impacts to jurisdictional areas. 3. The project was designed to avoid disturbance to aquatic life movements. 4. All wetland areas not affected by the project will be protected from unnecessary encroachment. Minimization includes the examination of appropriate and practicable steps to reduce adverse impacts. Minimization techniques implemented include the following. 1. Protection of Surface Waters BMP: In order to minimize potential impacts to water resources in the project area NCDOT's BMPs for the Protection of Surface Waters will be strictly enforced during the construction phase of the project. 2. Ditching: It is the policy of NCDOT to eliminate lateral ditching in wetlands as much as possible, thus preserving the hydrology of adjacent wetlands. 3. Stream/Wetland Crossings: Fill slopes, canopy removal in or near floodplain systems, and median widths will be reduced at stream/wetland crossings to reduce jurisdictional area loss. 4. "In-Stream" Construction: "In-stream" construction will be minimized. 5. Fill slopes will be maintained at a minimum in wetlands. 6. A median will not be constructed. 7. Shoulder widths and right-of-way widths will be kept to a minimum. iVlitip_ation: Due to the limited nature of the impacts (less than 0.04 acre to jurisdictional areas), mitigation is restricted to avoidance and minimization. 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