20041766 Ver 1_Complete File_20041102

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
November 15, 2004
Chatham County
DWQ Project No. 041766
Pipe Replacements on SR 1953 A (Chatham Church Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Tim Johnson, P.E., Division Engineer
NCDOT Division 8
P.O. Box 1067
Aberdeen, NC 28315
Dear Mr. Johnson:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 157 liner feet and to temporarily impact 45 linear feet of two unnamed tributaries of Rocky River,
class WS-III, to replace existing deficient pipes on SR 1953 A (Chatham Church Road) in Chatham
County. The project should be constructed in accordance with your application dated October 29, 2004
(received November 2, 2004). After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Nos. 3404 and 3366 corresponding to the U.S. Army Corps of
Engineers Nationwide Permit Numbers 14 and 33. 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 only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us, in writing, and send us 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 conditions. If total wetland fills for this project
(now or in the future) exceed one acre, or if stream impacts exceed 150 linear feet, compensatory
mitigation may be required as described in 15A NCAC 21-1.0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions
listed below.
1. NCDOT shall follow Best Management for the Protection of Surface Waters (March 1997) and
comply with the requirements for WS-III waters as specified in 15A NCAC 2B .0215.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
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Phone: [phone] / FAX [phone] / Internet: http:/fh2o.enr.state.nc.us/ncwctland
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NCDOT, SR 1953 A, Chatham Co., DWQ # 041766
Page 2
November 15, 2004
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. Any reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No wastes, spoil, solids, or fill of any kind shall occur inswetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the PreconstructZ Notice Application. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Quality has released the project.
5. Stormwater should be directed to vegetated buffer areas, grass-lined ditches or retention basins and
must not be routed directly into streams. Mowing of existing vegetated buffers is strongly
discouraged, so that they may be utilized for storm water diffuse flow.
6. Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
7. Culverts that are less than 48-inch diameter should be buried to a depth equal to or greater than 20%
of their size to allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be
buried at least 12 inches below the stream bottom to allow natural stream bottom material to become
established in the culvert following installation and to provide aquatic life passage during periods of
low flow. This may require increasing the size of the culvert to meet flow conveyance requirements.
If any of the existing pipes are perched, they shall be removed and replaced, and re-installed
correctly, unless demonstrated that this is topographically unfeasible.
8. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted
when practical. If rip-rap is necessary, it must be limited to the stream bank below the high water
mark, and vegetation must be used for stabilization above high water. Rip rap shall not be placed in
the stream bottom.
9. All work shall be performed during low flow (below bankfull) conditions.
10. Heavy equipment must be operated from the stream banks rather than in the stream channel in order
to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
NCDOT, SR 1953 A Chatham Co., DWQ # 041766
Page 3
November 15, 2004
11. All mechanized equipment operated near surface waters must be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.
12. Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the Transportation Permitting Unit of the NC Division of Water Quality
upon completion of the project. Please include photographs upstream and downstream of
the structure to document correct installation.
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.
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 telephone Ms. Beth Hai es Barnes at 919.715.8394.
5an ere ,
W. Klimek
Attachment
Pc: Wilmington District Corps of Engineers
Richard Spencer, USACE Wilmington Field Office
NCDWQ Raleigh Regional Office
Central Files
File Copy
U--,
STATE OF NORTH CAROLINA
Q?@®
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NO V 0 2 2004
DFNR -WATER QUALITY
WETLANDS AND STORMWATER BRANCH
DEPARTMENT OF TRANSPORTATION
NUCHAEL F. EAsZ.EY DIVISION OF HIGHWAYS LYNDo TIPPE IT
GOVERNOR - f'- e
S cR?gARw r G ;.
October 29, 2004 r
Richard K. Spencer cc: Mr. Rob Ridings
Regulatory Division NCDWQ
U.S. Army Corps of Engineers O 401 Wetlands Unit
P.O. Box 1890 1650 Mail Service Center
Wilmington, NC 28402-1890 Raleigh, NC 27699-1650
Subject: Nationwide Permit #14 & 33
SR-1953 A Chatham County
Project # 80.019034 (DWQ Permit Fee $200)
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Mr. Spencer.
The North Carolina Department of Transportation, Highway Division 8 is requesting Nationwide
Permit Numbers 14 & 33 for project # 8C.019034 on SR-1953 A (Chatham Church Rd.) in Chatham County. This
road is scheduled to be widened and paved at a future date. The proposed project will replace two existing deficient
crossing pipes as follows:
Site 1) Replace existing 24'x 18" RCP with one 44'x 24"RCP (with two 8' FES) total length = 60'
Site 2) Replace existing 2-36"x 34' RCP with one 8T'x 63"x 72' CMPA (with kneewall)
Equivalent compensatory mitigation for all permanent project impacts (74' net both sites) will be processed through
the North Carolina Ecosystem Enhancement Program (EEP) on a quarterly basis, as specified by prior agreement.
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 for sediment an erosion control.
The pipe replacements are located on two unnamed tributaries of the Rocky River; a class WS-111 streams in the
Cape Fear River Basin.
Due to the amount of anticipated flow, dewatering will be required at site 2. Construction
Will be done under dry conditions whenever possible. There were no wetlands, High Quality Waters or threatened
and endangered species observed within the project area during the required minimum criteria check. A survey for
the presence of the Cape Fear Shiner and it's habitat was conducted by NCDOT staff on October 14, 2004, with a
Biological Conclusion of "No Effect" (results are included in this package). All detours will be done off site using
local state roads.
If you require any additional information, please contact me.
Sinc ly,
Cc: J.L.Picklesimer PE C?
Tim Johnson PE Art C. King
Division Environmen cer
Highway Division 8
P.O. Box 1067, ABERDEEN NORTH CAROLINA 28315
PHONE [phone] FAX [phone]
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ite 2 downstream
site 1 downstream
site 1 upstream
site 2 upstream
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Office Use Only: .] Form Version October 2001
DENR - WATER QUALITY
USACE Action ID No. DWQ No. VrETLANDS AND STOivdWATER BRANCH
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 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, P.E., Division Engineer
Mailing Address: P. O. Box 1067
Aberdeen, NC 28315
Telephone Number: 910.944.2344 Fax Number: 910944.5623
E-mail Address: tiohnson n,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: Benny Sloan
Company Affiliation: Highway Maintenance Engineer
Mailing Address: 1404 East Raleigh St.
Siler City, NC 27344
Telephone Number: 919.742.3431 Fax Number: 919.742.3986
E-mail Address:_ bfsloanndot.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 1953 A (Chatham Church Road.)
2. T.I.P. Project Number or State Project Number (NCDOT Only): OC. 6190 3 V
3. Property Identification Number (Tax PIN):
4. Location
County: Chatham Nearest Town: Pittsboro
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From Pittsboro travel south on
US 15-501 for 3.66 miles to SR 1953 on right. Turn right on SR 1953 to unpaved section
5. Site coordinates, if available (UTM or Lat/Long): See attached shet"
(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:
Existing secondary road
7. Property size (acres): NA
8. Nearest body of water (stream/river/sound/ocean/lake): Rocky River
9. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://li2o.eiir.state.nc.us/,idiilln/maps/.)
Page 6 of 12
10. Describe the purpose of the proposed work: Grade and pave SR 1953 A in Chatham
Countv
11. List the type of equipment to be used to construct the project: motorgrader, trackhoe,
bulldozer, scraper, etc
12. Describe the land use in the vicinity of this project: residential/agricultural
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:
NA
VI. Proposed Impacts to Waters of the United Statcs/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***
None

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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 (FEMA) 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 http://www.fenui.ov.
*** 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:
Total area of wetland impact proposed:
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 I Perm. 60' UT of Rocky River 14' I
Site 2 Temp. 45 4-7' P
Pcrm.(pipe) 72' "
Rip Rap 25' "

* 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, ditching/straightcning, 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
w,vw.1im4s. ,ov. Several intcmet sites also allow direct download and printing of USGS maps (e.g., ww,v.topozone.coni
www.malJUest.coil), etc.). CJJl-7
Cumulative impacts (linear distance in feet) to all streams on site: Site 1 = 60' Site 2 .!?11?42
157
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 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, dredging,
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.
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.
IX.
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
http://112o.enr.state.nc.us/ncwetlands/stnil,-,ide.litnl1.
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.
NA
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.eiir.st ite.iic.tis/kvM/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):
Environmental Documentation (DWQ Only)
Page 10 of 12
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 [phone] 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
(Meuse), 15A NCAC 2B .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 1 extends out 3U feet perpendicular Irom near banK of channel; Lone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 11 of 12
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
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.
NA
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) 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).
NA

4
Applicant/Agent's Signature -bate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

MICHAEL F. EASLEY
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
LYNDo TIPPETT
SECRETARY
October 28, 2004
Memorandum To:
From:
Subject:
Art King, Division 8 Environmental Officer
Neil Medlin, Environmental Supervisor
Natural Environment Biological Survey Unit
Protected species survey for Cape Fear shiner associated
with the widening and paving of a section of SR 1953 A in
Chatham County.
The proposed project calls for the widening and paving of SR 1953 from the
intersection with SR 2157 at the northern end to the intersection with SR 2222 at the
southern end of the project. The primary catchment affected by this project is that of an
Unnamed Tributary (UT) to Rocky River. This memo addresses the Cape Fear shiner
(Nolropis mekistocholas), a federally protected species listed by the U.S. Fish and
Wildlife Service for Chatham County.
The Cape Fear shiner is a small, moderately stocky minnow. Its body is flushed
with a pale silvery yellow, and a black band runs along its sides (Snelson 1971). The fins
are yellowish and somewhat pointed. The upper lip is black and the lower lip has a black
bar along its margin.
Cape Fear shiner habitat occurs in streams with gravel, cobble, or boulder
substrates. It is most often observed inhabiting slow pools, riffles, and slow runs
associated with water willow beds. Juveniles can be found inhabiting slackwater, among
large rock outcrops and in flooded side channels and pools. The Cape Fear shiner is
thought to feed on bottom detritus, diatoms, and other periphytes. Captive specimens
feed readily on plant and animal material.
The Cape Fear shiner is limited to three populations in North Carolina. The
strongest population of the Cape Fear shiner is in Chatham and Lee Counties from the
Locksville dam upstream to the Rocky River and Bear Creek. Another population is
located above the Rocky River Hydroelectric Dam in Chatham County, and the third
population is found in the Deep River system in Randolph and Moore Counties.
FAAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENTAND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEDSITE. M"V.DOH.DOT. STATE. NC.US RALEIGH NC
A habitat and site evaluation was conducted along the length of the project by
NCDOT staff members N. Medlin, Anne Burroughs, Mike Sanderson, and Kathy Herring
on October 14, 2004. The only stream potentially affected by the construction of this
project is a UT to Rocky River and a secondary UT that confluences with the primary UT
to Rocky River. At the time of the site visit, the primary UT was estimated to be three
(3) feet wide with a mixed substrate consisting of silt, sand, gravel, and a trace of small
cobble. No portion of the stream appeared to. be more than six (6) inches deep with the
exception of areas above two (2) small beaver dams downstream of the road crossing.
The secondary UT was extremely small with a wet width of only about one (1)
foot with very little flow. This UT appeared to be borderline between a perennial and
intermittent stream.
In addition to the project crossings, the UT to Rocky River was also observed
downstream at the SR 2222 crossing. Another beaver dam was noted upstream of this
crossing.
Biological Conclusion:
No Effect
Based on the small size of the UT to Rocky River, the lack of appropriate habitat,
and the presence of numerous beaver dams downstream of SR 1953, the completion of
this project will not impact the Cape Fear shiner. Appropriate soil and erosion control
measures should be in place during the construction of this project to insure that no
additional sediment is added to the UT to Rocky River.
Qualifications of Principal Investigators
Investigator: Neil Medlin, Environmental Supervisor
Education: M.A. Biology, Appalachian State University
B.S. Biology, Appalachian State University
Experience: Environmental Specialist/Supervisor, NCDOT, January 2002 - present
Environmental Biologist, NC Division of Water Quality,
June 1990 - January 2002
Environmental Biologist, FL Department of Environmental Protection (formerly
Department of Environmental Regulation), August 1986 - June 1990
Expertise: Freshwater Gsh and benthic macro invertebrate collection and identification;
aquatic habitat evaluations and function; biocriteria and biotic indices
evaluations; endangered species (terrestrial/aquatic) surveys
Investigator: Anne Burroughs, Environmental Specialist
Education: B.S. Biological Sciences minor Environmental Science,
North Carolina State University / Raleigh 1992.
Experience: Biological Control technician - NC Dept of Agriculture May 2001-April 2003.
Environmental Specialist - NC Dept. of Transportation, May 2003-August
2003, January 2004-present.
Expertise: Endangered species (terrestriaUaquatic) surveys; benthic macro invertebmte
collection.
Investigator: Michael Sanderson, Environmental Specialist
Education: B.S. Fisheries and Wildlife Science, North Carolina State University
Experience: Environmental Specialist, NCDOT April 2004- present
Wildlife Research Biologist, Down to Earth Environ., February - June, 2003
Wildlife Research Technician, NC Cooperative Fish and Wildlife Research unit,
October, 1991-March 1999
Biological Science Tech., US Fish and Wildlife Service, April 1995-April 1997
Expertise: Bird surveys, behavioral analysis, habitat use/evaluation, Section 7 field
investigations, protected species (terrestriaUaquatic) surveys, Wetland
d e 1 in eat io n/de to rm int io n
Investigator: Kathy Herring, Environmental Supervisor
Education: B.S. Biology, University of South Carolina
Experience: Environmental Specialist/Supervisor, NCDOT, August 2004 - present
Environmental Biologist, NC Division of Water Quality, December 1992 - July
2004
Environmental Biologist Supervisor, Normandeau Associates, Aiken, SC
April 1988 to November 1992 and February 1982 to August 1985
Aquatic Biologist Chadwick and Associates, Inc. Denver, CO, November 1986 to March
1988
Project Manager - The Potential Effects of Flow Fluctuations on Establishing
a Balanced Biological Communes in Discharge Streams at the Savannah
River Plant, Aiken, SC. Academy of Natural Sciences of Philadelphia, September 1985 to
September 1986
Expertise: Freshwater fish and benthic macro invertebrate collection and identification;
aquatic habitat evaluations and function; biocriteria and biotic indices
evaluations; Endangered species (terrestrial/aquatic) surveys; data
analysis/report writing. Scuba diving certified.
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