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HomeMy WebLinkAbout20051035 Ver 2_Application_20070718e , 4 y as SfNF°~ y d +/' ~ ~•@~,.~ STATE OF NORTH CAROLINA DEPARTIVIENI' OF TRANSPORTATION ~u/a'ER~~> ~,~,c MICHAEL F. EASLEY LYNDO TIPPETT~ GOVERNOR SECRETARY July 16, 2007 Mr. William Wescott U. S. Army Corps of Engineers Regulatory Field Office Post Office Box 1000 Washington, NC 27889-1000 Dear Sirs: ~+ ~~ ~~~~ l ~FT~wps ~~ ~c~ ~~f~s~ ~;;~, ~O~ j U,~° o,~~, wU~ 05~ b35 v. ti Mr. Stephen Lane Division of Coastal Management N. C. Dept. of Env. & Natural Resources 400 Commerce Avenue Morehead City, NC 28557 Subject: Nationwide 23 Permit Application, CAMA Major Development Permit Application, and Neuse Riparian Buffer Authorization Request for the Replacement of Bridge No. 212 over Bachelor Creek on SR 1005; Craven County; TIP Project B-4085; Federal Aid Project No. BRSTP-1005(7); State Project No.8.2171201; Debit $400.00 from WBS 33444.1.1. Please find enclosed the Preconstruction Notification (PCN), CAMA Major Permit (MP) forms, Adjacent Riparian Landowner return receipts, permit drawings, half-size plans, NRTR, and the Categorical Exclusion (CE) for the above-mentioned project. The North Carolina Department of Transportation proposes to replace existing Bridge No. 212 over Bachelor Creek on SR 1005 in Craven County. The project involves replacement of the existing functionally obsolete and structurally deficient bridge and approaches with a new 115-foot bridge and approaches. The new bridge will feature two 12-foot lanes with 4.5-foot offsets. The west approach will be approximately 330 feet long and the east approach will tae approximately 300 feet long. An offsite detour will be utilized. Proposed permanent impacts include 0.09 acre of riverine wetland impacts for fill. Additionally, there will be 0.09 acre of hand clearing in riverine wetlands. Impacts to Water of the United States General Description: Bachelor Creek is located in the 03020202 CU of the Neuse River Basin. The Division of Water Quality (DWQ) has assigned Bachelor Creek a Stream Index Number of 27-98. DWQ has assigned a best usage classification of C Sw NSW. Bachelor Creek is not designated as a North Carolina Natural or Scenic River, or as a national Wild and Scenic River. It is not listed as a 303(d) stream nor are there 303(d) waters within 1 mile of the study area. No designated Outstanding Resource Waters (ORW), High Quality Waters (HQW), Water Supply I (WS-I), or Water Supply II (WS-II) waters occur within 1 mile of the project study area. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MaL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC RALEIGH NC 27599-1548 ~ a ~ Permanent Impacts: As stated above, permanent impacts consist of fill in riverine wetlands. The total amount of proposed impacts is 0.09 acre. Temporary Impacts: There are no temporary impacts proposed for this project Utility Impacts: There will be no impacts to jurisdictional resources due to utilities. The electrical lines to the north of the project will remain in place. The buried, fiber optic phone line will be relocated using directional bore. Hand Clearing: There are 0.09 acre of hand clearing proposed for this project. Neuse Buffer Rules: This project lies within the Neuse River Basin; therefore, the regulations pertaining to the Neuse River Buffer Rules will apply. There are 2,386 square feet of impacts to Zone 1 and 2,260 square feet of impacts to Zone 2. Of these impacts, 2,129 square feet are considered allowable due to bridge construction and 2,517 square feet are allowable with mitigation due to roadway construction. Bridge Demolition The superstructure for Bridge No. 212 is a concrete deck on I-beams and will allow removal without dropping components into the water. Likewise, it should be possible to remove the timber piles and timber caps without dropping them into the water. Best Management Practices for Bridge Demolition and Removal will be implemented. Any component of the bridge dropped into the water shall be immediately removed. Avoidance and Minimization Avoidance examines all appropriate and practicable possibilities of averting impacts to "Waters of the United States". Due to the presence of surface waters and wetlands within the project study area, avoidance of all impacts is not possible. The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts. Minimization measures were incorporated as part of the project design. These included: • To avoid impacts, NCDOT is replacing Bridge No. 212 in place and utilizing anoff--site detour. • The bridge will be lengthened by 22 feet. • Top down construction will be utilized. • NCDOT is also minimizing impacts to surface waters by utilizing longer spans with fewer bents than the existing bridge. • NCDOT will observe an in-stream construction moratorium from February 15 to June 30 and utilize Stream Crossing Guidelines for Anadromous Fish Passage. • 3:1 slopes were used in jurisdictional areas. 2 f ~~ Mitigation The proposed project will have permanent impacts to wetlands totaling 0.09 acre due to fill. Due to the minimal amount of permanent impacts to jurisdictional wetlands, and impacts to riparian not exceeding the threshold requiring compensatory mitigation, NCDOT is not proposing mitigation. Access Due to safety concerns, increased costs, and not meeting the threshold of "undue interference", as it relates to NCDOT's "Guidelines for Recreational Access at Creeks and Rivers" (attached), NCDOT does not propose access for recreation for this project. Federally Protected Species As of June 28, 2007, the US Fish and Wildlife Service (USFWS) lists five federally protected species for Craven County. The following table lists these species. Common Name Scientific Name Status Habitat Conclusion Leatherback Sea Turtle Dermochel s coriacea E N No Effect American Alli ator Alli ator mississi iensis' T S/A Y N/A Red-cockaded Wood ecker Picoides borealis 1/ N No Effect West Indian Manatee Trichechus manatus E N No Effect Sensitive Joint-vetch Aesch nomene vir 'pica T N No Effect E - endangered; T -threatened; T(S/A) -threatened due to similarity of appearance The bald eagle was delisted as of June 28, 2007 and is no longer protected by the Endangered Species Act. The most recent survey found no individuals or nests. It is, however, protected under the Bald and Golden Eagle Act and the Migratory Bird Treaty Act. Project Schedule The project has a scheduled let of January 15, 2008 with a review date of December 4, 2007. Regulatory Approvals Section 404 Permit: This project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit but propose to proceed under a Nationwide 23 as authorized by a Nationwide Permit 23 (67 FR 2020; March 19, 2007). Section 401 Permit: We anticipate 401 General Certification number 3632 will apply to this project. In accordance with 15A NCAC 2H, Section .0500(a) we are providing two copies of this 3 ,r ,. application to the North Carolina Department of Environmental and Natural Resources, Division of Water Quality, for their review. Neuse River R~arian Buffer Authorization: NCDOT requests that the NC Division of Water Quality review this application and issue a written approval for a Neuse River Riparian Buffer Authorization. CAMA Permit: NCDOT requests that the proposed work be authorized under a Coastal Area Management Act Major Development Permit. The landowner receipts are attached. NCDOT has received a stormwater permit for this project. A copy of this permit application will be posted on the NCDOT website at: http://www.ncdot.or /g doh/preconstruct/pe/neu/permit.html. If you have any questions or need additional information, please contact Chris Underwood at (919) 715-1451. Sincerely, Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis W/attachment: Mr. John Hennessy, NCDWQ (2 copies) Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Mr. Ron Sechler, NMFS Mr. Michael Street, NCDMF Mr. Steve Sollod, NCDCM Dr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Victor Barbour, P.E., Project Services Unit Mr. Mark Staley, Roadside Environmental Mr. C. E. Lassiter, P.E., Division 2 Engineer Mr. Jay Johnson, Division 2 Environmental Officer W/o attachment Mr. Scott McLendon, USACE, Wilmington Mr. Jay Bennett, P.E., Roadway Design Mr. Majed Alghandour, P. E., Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. John Williams, P.E., Planning Engineer 4 1 ~r ACM MP-1 n~ruennoMror ~uK oe~oo~eM rormn (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicand Landowner Information Business Name Nc Department Of Transportation Project Name (it applicable)' B-4085 Applicant 1: First Name Gregory MI J. Last Name Thorpe Applicant 2: First Name MI Last Name If additional applicants, please atfach an additional page(s) with names listed. Mailing Address 1598 Mail Service Center PO Box City Raleigh State NC ZIP 27699 Country Phone No. 919 - 715 - 1334 ext. FAX No. 919 - 715 - 5501 Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name AgenU Contractor 2: First Name MI Last Name Mailing Address PO Box Ciry State ZIP Phone No. 1 - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (~f different from above) City State ZI P Email <Form continues on baclc> x52-80$-2808 :: 1-$88-4RCL9AST :: www.nccoastatmanagement.net r ,. Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacfs a. Will the project be for commercial, public, or private use? Commercial Public/Government ^Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. New bridge over Bachelor Creek. Used for conveying traffic. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Replace existing bridge using road construction equipment. d. List all development activities you propose. Bridge replacement e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? ^Sq.Ft or ^Acres g. Will the proposed project encroach on any public easement, public accessway or other area Yes No NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Surface runoff i. Will wastewater or stormwater be discharged into a wetland? ^Yes No NA If yes, will this discharged water be of the same salinity as the receiving water? ^Yes ^No ^NA j. Is there any mitigation proposed? Yes No ^NA If yes, attach a mitigation proposal. <Form continues on bacl~ 6. Additiona/Information In addition to this completed application form, (MP-1) the following ftems below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (fl are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. 252-808-2808 .. 1-888-4RCOAST :: www.nccoastalmanagement.net ' ~ ~ Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Craven Subdivision Name City State Zip Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Bachelor Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ^Manmade ^Unknown Neuse River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ^Yes ®No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) N/A c. Size of individual lot(s) d. Approximate elevation of tract above NHW (nomtal high water) or N/A, NWL (nom-al water level) (If many lotsizes, please attach additional page with a list) ^NHW or ^NWL e. Vegetation on tract Wetland vegetation, roadside grasses f. Man-made features and uses now on tract Bridge, railroad and bridge, & guardrail g. Identify and describe the existing land uses adjacent to the proposed project site. Forested wetland h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Rural services (Attach zoning compliance certificate,rf applicable) ®Yes ^No ^NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Yes No NA If yes, by whom? SHPO I. Is the proposed project located in a National Registered Historic District or does it involve a Yes No NA National Register listed or eligible property? <Form continues on next page> m. (i) Are there wetlands on the sfte? Yes No (ii) Are there coastal wetlands on the site? ^Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ^No (Attach documentation, if available) 252-8~8-2848 ;; 1-888-4RCOAST :: www.nccoa5tafmanagement.ne# ' r ~ Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name International Paper Company Phone No. Address 865 John L. Regel Road, Reigelwood, NC 28456 Name Monta Humphrey Betts Phone No. Address 8421 Two Courts Drive, Raleigh, NC 27613 Name James C. Humphrey Phone No. Address 607 West Wilson Creek Drive, New Bern, NC 28562 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name Signature Please indicate application attachments pertaining to your proposed project. ^DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts ^DCM MP-3 Upland Development ^DCM MP-4 Structures Information X52-8Cf8-28tt8 ,. 1-888-4RCQA5T .. www.nccoastalmanagemen4.net ,r ,~ BRI06ES and CULYERiS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES ^This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ^Commercial ®Public/Government ^Private/Community Bachelor Creek c. Type of bridge (construction material): 21 "cored slab d. Water depth at the proposed crossing at NLW or NWL: -9' e. (i) Will proposed bridge replace an existing bridge? ®Yes ^No If yes, (ii) Length of existing bridge: 83' (iii) Width of existing bridge: 32' (iv) Navigation clearance underneath existing bridge: -5.~' (v) Will all, or a part of, the existing bridge be removed? (Explain) All (new bridge will be longer) (i) Will proposed bridge replace an existing culvert? ^Yes ®No If yes, (ii) Length of existing culvert: (iii) Width of existing culvert: (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) 9• Length of proposed bridge: 120' h• Width of proposed bridge: 33' i. Will the proposed bridge affect existing water flow? ^Yes ®No j. Will the proposed bridge affect navigation by reducing or If yes, explain: increasing the existing navigable opening? Yes ®No If yes, explain: k• Navigation clearance underneath proposed bridge: -6.5' 1. Have you contacted the U.S. Coast Guam concerning their approval? ^Yes ®No If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: -6' waters? ^Yes ®No If yes, explain: 2. CULVERTS ®This section not applicable a. Number of culverts proposed: b. Water body in which the culvert is to be placed: < Form continues on back> c. Type of culvert (construction material): "r_'~::~W~t3~-~~gS .: 1-8~8-~t~d:C]A,~"t" v~rwv ~.:~z.,~stalrxa~~t~c„~~ene~st_n~i rev;ser#; °ff3J26tt3€s t ,i iF+r~rm C~iCIV! IVff~-~ ~i8ridges and Culverts, Page 2 of 4) d. (i) Will proposed culvert replace an existing bridge? ^Yes ^No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) e. (i) Will proposed culvert replace an existing culvert? ^Yes ^No If yes, (ii) Length of existing culvert(s): (iii) Width of existing culvert(s): (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) g. Width of proposed culvert: i. Depth of culvert to be buried below existing bottom contour. k. Will the proposed culvert affect existing water flow? ^Yes ^No If yes, explain: f. Length of proposed culvert: h. Height of the top of the proposed culvert above the NHW or NWL. j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? ^Yes ^No If yes, explain: 3. EXCAVATION and FILL ^This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any b. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ^Yes ®No excavation within coastal wetlands/marsh (CW); submerged If yes, aquatic vegetation (SAV), shell bottom (SB), or other wetlands (ii) Avg. length of area to be excavated: (WL)? If any boxes are checked, provide the number of square feet affected: (iii) Avg. width of area to be excavated: j]CW ^SAV ^SB (iv) Avg. depth of area to be excavated: ^WL ®None (v) Amount of material to be excavated in cubic yards: (ii) Describe the purpose of the excavation in these areas: c. (i) Will the placement of the proposed bridge or culvert require any high-ground excavation? ®Yes ^No If yes, (ii) Avg. length of area to be excavated: 70' (iii) Avg. width of area to be excavated: 30' (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: 1,~4 d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: To be determined by the contractor (ii) Dimensions of the spoil disposal area: (iii) Do you claim title to the disposal area? ^Yes ^No (If no, attach a lettergranting permission from the owner.) (iv) Will the disposal area be available for future maintenance? ^Yes ^No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ^CW ^SAV ^WL ^SB ®None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW or NWL? ? ^Yes ®No If yes, give dimensions 'rf different from (ii) above. 252-808-2808 s: 1-888-4I2COA,8T ,vww n~~oa~tafrnz ~ =~t~~~-a~,,t,rs~t revised: 1f,S-26tt3~ ~ ,s Form DCM MP-5 (Bridges and Culverts, Page 3 0# 4j e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ®Yes ^No If yes, (ii) Avg. length of area to be filled: see oermit drawings (iii) Avg. width of area to be filled: (iv) Purpose of fill: Piles driven. g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high-ground? ®Yes ^No If yes, (ii) Avg. length of area to be filled: -400' (iii) Avg. width of area to be filled: -12' (iv) Purpose of fill: Widen shoulders that approach bridges. 4. GENERAL a. Will the proposed project require the relocation of any existing utility lines? ®Yes ^No If yes, explain: Telephone line will be directionally bored. See attached Utility Plan sheet No. 4. f. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ^CW ^SAV ^SB ^WL ^None (ii) Describe the purpose of the excavation in these areas: b. Will the proposed project require the construction of any temporary detour structures? ^Yes ®No If yes, explain: If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or cert~cation. < Form continues on back> c. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion ^Yes ®No controlled? If yes, complete Form DCM-MP 2. Silt fence, NCDOT Type B silt basin, diversion ditches, and inlet protection. e. What type of construction equipment will be used (for example, f. Will wetlands be crossed in transporting equipment to project site? dragline, backhoe, or hydraulic dredge)? ^Yes ®No Bulldozer, backhoe, & crane. If yes, explain steps that will be taken to avoid or minimize environmental impacts. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ^Yes ®No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10/26/06 i dorm DCM MP-5 (Bridges and Culverts, Page ~ of 4) Date Project Name ap plicant Name ap plicant Signature 252-808-2808 :: 1-888-4RCOAST :: www_nccoastalmanagementnet revised: 1~12S1Q6 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 23 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information 1. Owner/Applicant Information Name: Gregory J. Thorpe, Ph.D., Environmental Management Director Mailing Address: 1598 Mail Service Center Telephone Number: (919) 733-3141 Fax Number: (9191733-9794 E-mail Address: 2. Agent/Consultant 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: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 8 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: Replacement of Bridge No. 212 on SR 1005 over Bachelor Creek 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-4085 3. Property Identification Number (Tax PIN): N/A 4. Location County: Craven Nearest Town: New Bern Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): Bridge 212 over Bachelor Creek on SR 1005 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.1494 °N 77.1739 °W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Neuse River 8. River Basin: Neuse (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/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Rural 10. Describe the overall project in detail, including the type of equipment to be used: Replacing a structurally deficient bridge using top-down construction. Standard road building equipment will be used. Page 2 of 8 11. Explain the purpose of the proposed work: To replace a structurally deficient bridue. 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. N/A 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. No. 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. 1. Provide a written description of the proposed impacts: 0. 09 acre of wetland impacts. 2. Individually list wetland impacts. Types of 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. Page 3 of 8 Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) es/no linear feet Bridge Fill Riverine Yes 0 0.09 Total Wetland Impact (acres) 0.09 3. List the total acreage (estimated) of all existing wetlands on the property: ~1 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Stream Width Length Impact indicate on ma Intermittent? Before Im act linear feet acres N/A Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres N/A Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act (acres Wetland Im act (acres): 0.09 O en Water Im act acres Total Irrt act to Waters of the U.S. (acres 0.09 Total Stream Im act (linear feet 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Page 4 of 8 Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. N/A 8. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A 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. Top-down construction. bride was lengthened, and minimum widths were used for structures and approaches 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. USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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. Page 5 of 8 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 NCEEP 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://h2o.enr.state.nc.us/ncwetlands/stnngide.html. 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. Due to the limited amount of area impacted, no miti ation is proposed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. 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 ^ 3. 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 ^ Page 6 of 8 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ^ 2. If "yes", 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 s uare feet Multiplier Required Miti ation 1 2,386 3 (2 for Catawba) None 2 2,260 1.5 None Total 4,646 None * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. XI. XII. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level.Impervious acreage will not appreciably increase as a result of the bridge construction. Sewage Disposal (required by DWQ) 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. No wastewater will be generated from the implementation of the proposed project. Page 7 of 8 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: N/A XV. 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). ~. ~ ~ ~~i.~ ~~ Z ApplicantlAgent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 GUIDELINES FOR RECREATIONAL ACCESS AT CREEKS AND RIVERS Public interest in recreational access along various creeks and rivers in North Carolina has been increasing in recent years. The North Carolina Department of Transportation (NCDOT) fully acknowledges the value of recreational access but has not been given the mission to fund, provide, or manage such facilities. The Department will lend support (as legal, design, and funding constraints allow) by coordinating with other agencies that have been charged with such a mission. 1n order to delineate more clearly how NCDOT will participate in providing recreational access, NCDOT has developed the guidelines to direct the decision making process. These guidelines should be used during the planning process. The decision regarding whether an access will be provided should be made before the final planning document is completed so the access can be addressed within the document. If there is an existin pgL ublicly owned formal facility managed for recreational access (fishing, canoeing, or otherwise), the Department will replace the facility as part of the project construction. This is in accordance with the Federal Highway Administration's (FHWA) Section 4(f) procedures. If there is an existingprivately owned formal facility managed for recreational access (fishing, canoeing, or otherwise) NCDOT will address any project impacts to the facility through the right of way acquisition process. NCDOT will not, however, replace impacted parts of the facility as part of the project construction. 1f formal access is desired where there is an informal recreational access (no formal facilities but site is used to access fishing, canoeing, and otherwise) or no existing access at all, NCDOT will include new access as part of the project construction under either of the following two conditions: 1) If, in the judgement of NCDOT, there is a strong transportation safety related need to include an access then NCDOT will improve the location as appropriate to resolve the safety concern. NCDOT will coordinate with local agencies on the long term management of the site. A separate government agency must agree to provide the long term maintenance and management of the site. 2) If al] of the following five criteria is met, then NCDOT will as part of planning, design and construction, include a recreational access facility: - If there is a separate funding source outside of the North Carolina Department of Transportation - If there is a partnering government agency willing to maintain, fund, and manage the site - If there is a willing seller or provider of land needed for the facility - If there are not unacceptable impacts associated with developing the new recreational access facility (wetland impacts for example) - if the adjacent property owners and the majority of the public comments favor the addition of the recreational access facility Any project constructed by NCDOT will be consistent with the Americans with Disabilities Act (ADA). Any exceptions to the guidelines will require the approval of the NCDOT State Highway Administrator and the FHWA Division Administrator. i~ 55 '~ 7243\ • 70 'fir ~ C7' ~ 4s v o05 N 'IF--'~ R T, SO~en~ R ~ ~ Hymans 1243 ~ i i 7005 ~ ~$~{ ~~ /Clarks ~ -~~ NOT TO SCALE ^ DETOUR ROUTE 1~~~~~ [ ;. i e DIVISION ~ OF HIGHWAYS-----~ ~, ,~ ; _, .._ --'. CRAVEN COUNTY '' t , REPLACEMENT OF.. BRII2.GsE ~2~2 ON SR 1005, OVER BP~CH$$q~~~ SHEET 1 OF 5 1/31A~05 Perms Drawing _ h NORTH CAROLWA r -WLB •WETLAND BOUNDARY PROPOSED BRIDGE WETLAND PROPOSED BOX CULVERT L ® DENOTES FILL IN J WETLAND "1 PROPOSED PIPE CULVERT ® DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ® DENOTES TEMPORARY FILL IN WETLAND ®DENOTES EXCAVATION IN WETLAND ® DENOTES TEMPORARY FILL IN SURFACE WATER * _ DENOTES MECHANIZED ^" __ *' » CLEARING --~ ~ FLOW DIRECTION ~.~ TOP OF BANK -•-• WE EDGE OF WATER _ - ~- - PROP. LIMIT OF CUT - - -F -PROP. LIMIT OF FILL ~- PROP. RIGHT OF WAY - - NG- - NATURAL GROUND - -P-j- - PROPERTY LINE 12'-48' (DASHED LINES DENOTE PIPES EXISTNG STRUCTURES) 54' PIPES & ABOVE SINGLE TREE .. .. .. .. WOODS LINE DRAINAGE INLET ROOTWAD RIP RAP 5 ADJACENT PROPERTY OWNER OR PARCEL NUMBER IF AVAILABLE PREFORMED SCOUR HOLE LEVEL SPREADER (L S) -TDE- TEMP. DRAINAGE EASEMENT - PDE - PERMANENT DRAINAGE ~ GRASS SWALE EASEMENT - EAB- • EXIST. ENDANGERED ANIMAL BOUNDARY - EPB- • EXIST. 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I< • -'~V.~ 005 Southe?i Rn,~ Hymans 55 7243\ +saz 1248 I 1 ~ ~Sg~~ / Clarks ~o ~ coos IN R NOT TO SCALE ^ ~ DETOUR ROUTE ~-~-+~+~ ~~ NEUSE RIVER BUFFER ~A~ll~~ ~~~®~ DIVISION OF HIGHWAYS CRAVEN COUNTY PROJECT:33~~~(.L1.2 8-085) REPLACEMENT OF BRIDGE X212 ON SR 1005 OVER BACHELOR CREEg SHEET 1 OF S 1 / 31 / 05 Buffer Drawing Suet _.~___ of 't,_ NORTH CAROLINA ~~F~~~ ~,E~~~v~ -WLB WETLAND BOUNDARY L WETLAND YYXX~/ ALLOWABLE IMPACTS ZONE I ~~. ~~~~~ ALLOWABLE IMPACTS ZONE 2 MITIGABLE IMPACTS ZONE I ® MITIGABLE IMPACTS ZONE 2 - BZ - RIPARIAN BUFFER ZONE -BZ1 - RIPARIAN BUFFER ZONE 1 30 ft (9.2m) - BZ2 - RIPARIAN BUFFER ZONE 2 20 ft (6.1m) -~• ~- FLOW DIRECTION TB ~- TOP OF BANK --•• WE EDGE OF WATER - -~ - PROP. LIMIT OF CUT - -F - PROP. LIMIT OF FILL -~ PROP. RIGHT OF WAY - - NG - - NATURAL GROUND - -P~ - PROPERTY LINE -TDE- TEMP. DRAINAGE EASEMENT - PDE - PERMANENT DRAINAGE EASEMENT - EAB- • EXIST. ENDANGERED ANIMAL BOUNDARY - EPB- • EXIST. ENDANGERED PLANT BOUNDARY - - -~ - - - WATER SURFACE Xx Xx X X LIVE STAKES O BOULDER --- COIR FIBER ROLLS PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT 12'-48' (DASHED LINES DENOTE PIPES EXISTNG STRUCTURES) 54' PIPES & ABOVE SINGLE TREE .. .. .. .. WOODS LINE ~ DRAINAGE INLET ~- ROOTWAD RIP RAP 5 ADJACENT PROPERTY OWNER OR PARCEL NUMBER IF AVAILABLE PREFORMED SCOUR HOLE (PSH) - LEVEL SPREADER (LS) ~R SS SWALE 1V ~~®~ DIVISION OF HIGHWAYS CRAVEN COUNTY PROJECT:33~~~.1.1.2 (B-085) REPLACEMENT OF BRIDGE X212 ON SR 1005 OVER BACHELOR CREEg SHEET Z OF 5 1/31/05 Buffer Or~wing cruet a of _~ N W Z ~ ~ .., W ~ W ~ Q m ~ W Z N O v J F ~ ~ N O ~ O N w J m o Q C7 W ~ O Z r. ~ v N v N N O ~ O ~ ~ ~ fh n N a J H r ~ N O ~ , O v _ N Q W N _ N J C G V m N O d Q ~ W Z `Y-' ~ N O (O Q O N N J o ~ Q Z "j. ~ M ` r ,, ~ ~ /~ N a J V J Q as Q~ ~ a W w "' a o x LL ~ m ~ ~ m oN op x ¢ ~ U 0 M aO o LL ~ ~ W N y W m ~ ~ ,v_ m . V Q H Z T Q F- ~ N Q ~~ ~~ 6~ Q CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM A. B C. TIP Project No. State Project No. W.B.S. No. Federal Project No. Project Description: B-4085 8.2171201 33444.1.1 BItSTP-1005 The purpose of this project is to replace Craven County Bridge No. 212 on SR 1005 over Bachelor Creek. The replacement structure will be a bridge 115 feet long and 30 feet wide. The cross section will include two 12-foot lanes and 3-foot offsets. The west approach will be approximately 330 feet and east approach will be approximately 300 feet long. The approach cross section will include two 12-foot lanes and 8-foot shoulders: Traffic will be detoured offsite during construction (see Figure 1). The roadway will be designed as a Major Collector with a 60 mile per hour design speed. Purpose and Need: Bridge Maintenance Records indicate the bridge has a sufficiency rating of 35.2 out of 100. The bridge's four- span superstructure is composed of a concrete deck on continuous I-beams. The substructure is composed of timber caps on timber piles. The bridge's deck width (32 feet wide) and low structural appraisal (2 out of 10) qualify the bridge as both functionally obsolete and structurally deficient and therefore eligible for FHWA's Highway Bridge Replacement Program. Proposed Improvements: Circle one or more of the following Type II improvements that apply to the project: 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. Modenuzing gore treatments d. Constructing lane unprovements (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 budge widening (less than one through lane) i. Slide Stabilization j. Structural BMP's for water quality improvement 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. 12. Acquisition of land for hazdship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hazdship and protective buying will be permitted only for a particulaz pazcel or a limited number of pazcels. 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. 13. Acquisition and construction of wetland, stream and endangered species mitigation sites. 14. Remedial activities involving the removal, treatment or monitoring of soil or groundwater contamination pursuant to state or federal remediation guidelines. D. S ecial Pro'ect Information: (Include Environmental Commitments and Permits equire .) Estimated Costs: Total Construction $ 700,000 Right of Way $ 50,000 Total $ 740,000 Estimated Traffic: Current - 3100 vpd Year 2025 - 5500 vpd TTST - 3% Dual - 3% Design Exceptions: There are no design exceptions anticipated for this project. Functional Classification: Rural Major Collector Bridge Demolition: There will be no appreciable fill associated with debris from demolition of the bridge. Alternatives Discussion: An offsite detour will be utilized during construction including SR 1244, NC 55, SR 1243 and back to SR 1005. The delay for the average road user would be approximately 4 minutes over 2.2 miles additional travel. The Division, the School Bus Transportation Director for Craven County, and the Emergency Services Coordinator for Craven County have no objection to an offsite detour at this location. The School Bus Duector did indicate that a turn-around would need to be provided and asked that NCDOT provide one prior to road closure. (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 low-income population? X (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 and/or land use of adjacent property? X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? 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? X (24) Will traffic be maintained during construction using existing ^ roads, staged construction, or on-site detours? X (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the ^ bridge replacement project be contained on the existing facility? X (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? X (27) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the project? X (28) Will the project have an "effect" on structures/properdes eligible for or listed on the National Register of Historic Places? X 5 G. CE Approval TIP Project No. State Project No. W.B.S. No. Federal Project No. Project Description: (Include project scope and location. Attach location map.) The purpose of this project is to replace Craven County Bridge No. 212 on SR 1005 over Bachelor Creek. The replacement structure will be a bridge 115 feet long and 30 feet wide. The cross section will include two 12-foot lanes and 3-foot offsets. The west approach will be approximately 330 feet and east approach will be approximately 300 feet long. The approach cross section will include two 12-foot lanes and 8-foot shoulders. Traffic will be detoured offsite during construction (see Figure 1). The roadway will be designed as a Major Collector with a 60 mile per hour design speed. Categorical Exclusion Action Classification: (Check one) TYPE II(A) X TYPE II(B) Approved: ,~-~-v~ Date 3~ 3 -Q Date 3-31fo Date ~.~uaet.- J~1 B-4085 8.2171201 33444.1.1 BRSTP-1005 Project Development & Environmental Analysis Branch ect Development & Environmental Analysis Branch For Type II(B) projects only: 3 31~- , Date John F. Sullivan, III, Division Ac deral Highway Administration 7 rro~ect i~evetopment ~ti t;nvironmentat Analysis tsrancn PROJECT COMMITMENTS: Craven County Bridge No. 212 on SR 1005 Over Bachelor Federal Aid Project No. BRZ-1179(1) State Project No. 8.2171201 W.B.S. No. 33444.1.1 T.I.P. No. B-4085 Hydraulics -Anadramous Fish NCDOT will implement Stream Crossing Guidelines for Anadramous Fish All Design Groups/ Division Resident Engineer -Anadramous Fish The North Carolina Division of Marine Fisheries has indicated that a moratorium on in-water construction will be in place. from February 15 to June 30 of any given year. To the extent practical, construction should be accomplished without the use of construction pads. To the extent practical, bridge demolition should occur without getting into the water. Office of Natural Environment -Bridge Demolition The entire bridge is constructed of timber and steel. Therefore, it is unlikely that there will be any temporary fill resulting from bridge demolition. Contract Specifications -Length of Construction In order to address specific requests from the Craven County Emergency Services Coordinator, NCDOT will set the. minimum reasonable contract time to reduce the period of road closure. Resident Engineer -School Bus Turnaround Prior to the Construction Letting, the Division will coordinate with school bus officials to establish a turnaround for busses during the period of construction. Categorical Exclusion Page 1 of 1 Green Sheet March 2004 ` +~~ {- ~ ~ ~ -~~ ~~ y 20~ `` , •tI~/ "1J ,~ Y ~1 21 : . - ~ I ~ __ r ~ ~~ ~ •\ ~ , % L .mot . , P96 a: . P39 ~~ ~ ~ ;.; ~ > >~ ~ ~ ~ , _ , . ~' ' • e ~ • 209 , "'~, .-' . ~ =' ' ~~ ~ ~ ,• i+~ •,:. ~.~~ r> ~ ,~ ~ ~ ~ 20~ ~, '~ ~~ e ~. ~ ~ ~f1 e A •~ 124 '' ~, - ~ . ; ~: ~ ~ .~"~ o. 0 P70 ,i '_ ~` _ _ ~ ~•• ~' 69 i •-~ ~ ~ ' '>eS „r,a~ P45 %% ~ 40 P193 ~ ,j ~ .r.e..o , ~, ~ T NT ~ ` C O U N T Y ~~ ~~,~ ~~ ~\ NORTH CAROLINA DEPARTMENT OF !~ , ' TRANSPORTATION I~ '~ DMSION OF HIGHWAYS ~' '~ PROJECT DEVELOPMEM & ENVIItONMENTAL ANALYSIS BRANCH ~ CRAVEN COUNTY REPLACE BRIDGE N0.212 ON SR 1005 OVER BACHELOR CREEK B-4085 Figure 1 L/. l,~I: 11 ~'ams North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary June 27, 2003 MEMORANDUM TO: Greg Thorpe, Manager i b Project Development and Environmental Analysis B ~t~'i NCDOT Division of Highways z~~ FROM: David Brook SUBJECT: Replacement of Bridge No. 212 on SR 1005 over Bachelor Craven County, ER03-0928 Division of Historical Resources David J. Olson. Director ' REC~~b ~O `~Gl ~' ~N L ~gySG~ ,n . Thank you for your memorandum of Apri17, 2003, concerning the above project There are no known azchaeological sites within the proposed project area. Based on our knowledge of the azea, it is unlikely that any archaeological resources that may be eligible for conclusion is the National Register of Historic Places will be affected by the project We, therefore, recommend that no archaeological investigation be conducted in connection with this project We have conducted a seazch of our maps and files and located the following structure of historical or azchitectural importance within the general azea of this project: Bridge No. 212 on SR 1005 over Bachelor Creek We recommend that a Department of Transportation azchitectural historian identify and evaluate any structures over fifty yeazs of age within the project azea and report the findings to us. The above comments aze made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Eazley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above referenced tracking number. cc: Mary Pope Fury, NCDOT Matt Wilkerson, NCDOT ~,M,~;,h Location ADMINISTRATION 507 N. Dlount St., Raleigh NC RESTORATION 515 N. 13tount St., Raleigh NC SURVEY & PLANNING 515 N. [Mount St., Raleigh NC o.dcrstate.nc.us Mailing Address Tekp6ooe/Ra: 4617 Mail Service Center, Raleigh NC 27699-4617 (919) 733763 •733-8653 4613 Mail Service Center, Raleigh NC 27699-4613 (919) 733-6547 •715-4801 4618 Mail Service Center. Raleigh NC 27699.461 R (919) 733.6545 •715-4801 AM SWjo~ y .,. ,~ ~~ w.d~ North Carolina Department of Cultural Resources State Historic Preservation Office Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Cmw, Deputy Secretary Office of Archives and History March 5, 2004 MEMORr1NDUM TO: Greg Thorpe, Ph.D., Director Project Development and Environmental Analysis Branch NCDOT Division of Highw~s FROM: David Brook !~ ~~ L•7'~'~S~"'~-1 v~.f, J SUBJECT: Replace Bridge No. 212 on SR 1005 over Bachelor Creek, B-4085, Craven County, ER03-0928 Thank you for your letter of December 30, 2003, concerning the above project. We have reviewed the additional research you provided•in your letter concerning the eligibility of Bridge No. 212 over Bachelor Creek. For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur that the following structure is not eligible for the National Register of Historic Places: Bridge No. 212 on SR 1005 over Bachelor Creek is not eligible for the National Register because it is not one among the state's technologically significant examples of the continuous stringer bridge tS-pes. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above referenced tracking number. cc: Mary Pope Ftur, NCDOT Matt Wilkerson, NCDOT w~v~v.hpodcrstate.ecns Division of Hist~ David L. S. V~ wR ~., ~~ ~,. ~Q` S O~ a f, F- .~a`5 F, loeatioa Mstllag Address Telep6one/Faz ADMINISTRATION 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 27699-4617 (919) 733-4763.733-8653 RESTORATION 515 N. Blount St, Raleigh, NC 4617 Mail Service Cenur, Raleigh, NC 27699-4617 (919)733-6547.715-4801 SURVEY 6c PLANNING 515 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 27699-4617 (919)733.4763.715-4801 J ~ ' - ~~~~ - ~~~. NCDENR North Caroiina Department of Environment and Natural Resources Division of Marine Fisheries tvticha~l F. casley: Governor G'Vitliam G. Ross. Jr., Secretary MEMORANDUM TO: William T. Goodwin, Jr., PE NCDOT Bridge Replacement Planning Unit FROM: Mike Street .. - " DATE: July 8, 2003 SUBJECT: Bridge Replacement for: # B-4168, # B-4088, # B-4085 Preston P. Pate, Jr., Director Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. . MS/sw ~Y~; ~,r~~;,,~;;'; S; . r=... ~~>. -n~~+.~~_~crehead City. North Carolina 28557' Fncre:.~SL-~ 2~-r ~? i . :~. ~'_-; 27-5?271 Internet: ~~~ ~ . nc~mf .net An equal Opporturiiy `. %;ffin'1?ii:~' ~cF•o~ ~mc~over - 5~'/o Recycled, l0% Post Consumer Paper '1 3 NATURAL SYSTEMS REPORT Replacement of Bridge No. 212 SR 1005 (Old US Highway 70 West) over Bachelor Creek Craven County, North Carolina (B-4085) (State Project No. 8.2171201) (Federal Aid No. BRSTP-1005[7]) Prepared for: The North Carolina Department of Transportation Raleigh, North Carolina March 2003 ~~ ' • 1 NATURAL SYSTEMS REPORT Replacement of Bridge No. 212 SR 1005 (Old US Highway 70 West) over Bachelor Creek Craven County, North Carolina (B-4085) (State Project No. 8.2171201) (Federal Aid No. BRSTP-1005[7]) Prepared for: The North Carolina Department of Transportation Raleigh, North Carolina Prepared by: -~ EcoScience EcoScience Corporation 1101 Haynes Street, Suite 101 Raleigh, North Carolina 27604 Tel (919) 828-3433 Fax (919) 828-3518 January 2003 '~f EXECUTIVE SUMMARY Proposed replacement of Bridge No. 212 at SR 1005 (Old US Highway 70 West) over- Bachelor Creek, Craven County, North Carolina, TIP No. B-4085. INTRODUCTION The project proposes replacement of Bridge No. 212 on SR 1005 (Old US Highway 70 West) over Bachelor Creek and associated floodplain. The project area is approximately 30.2 acres (12.2 hectares) in size, and includes the channel, banks, and associated floodplain swamps of Bachelor Creek. Land use consists of undeveloped forested .land, disturbed land, and sparse rural residential and commercial development. The project area is within the Lower Coastal Plain physiographic province, approximately 5.0 to 25.0 feet (1.5 to 7.6 meters) above mean sea level. Approximately 14.4 acres (5.8 hectares) (38 percent) of the project area is underlain by hydric soils, consisting of Masontown mucky fine sandy loam and Muckalee sandy loam, frequently flooded, and Tomotley fine sandy loam. PHYSICAL CHARACTERISTICS Water Resources The project area is located within sub-basin 03-04-08 of the Neuse River Basin (DWQ 2002a). This area is part of USGS Hydrologic Unit 03020202 of the South Atlantic/Gulf Region. The structure targeted for replacement spans Bachelor Creek and the Bachelor Creek floodplain. This section of Bachelor Creek has been assigned Stream Index Number 27-98 by the N.C. Division of Water Quality (DWQ 2002b). The Best Usage Classification for Bachelor Creek is C Sw NSW (DWQ 2002b). No Watershed Critical Areas or water resources classified as High Quality Waters, Water Supplies (WS-I or WS-II), or Outstanding Resource Waters are located within 1.0 mile (1.6 kilometers) of the project area. No §303(d) listed streams exist in or within 5 miles (8 kilometers) of the project area. Biotic Resources Five distinct plant communities were identified within the project area: Mesic Mixed Hardwood Forest (Coastal Plain Subtype), shrub/scrub assemblage, Coastal Plain Bottomland Hardwoods (Blackwater Subtype), disturbed/maintained land, and Cypress-Gum Swamp (Blackwater Subtype). A summary of plant community areas is presented in the following table. 1 y Y Plant community coverage within the project area. Coverage is given in acres, with hectares in parentheses. Plant Community Area Mesic Mixed Hardwood Forest (Coastal Plain Subtype) 8.2 (3.3) Shrub/scrub assemblage 5.8 (2.3) Coastal Plain Bottomland Hardwoods (Blackwater Subtype) 5.5 (2.2) Disturbed/maintained land 5.7 (2.3) rypra~c-Gum Swamp (Blackwater Subtype) 2.5 (1.0) JURISDICTIONAL TOPICS Surface Waters and Wetlands Bachelor Creek is considered jurisdictional surface waters under Section 404 of the Clean Water Act. The replacement bridge will span Bachelor Creek. No impacts to surface waters are anticipated. Based .on field investigations, the project area also contains jurisdictional wetlands. Areas of these systems within the project area are summarized in the following table. Coverage is given in acres, with hectares in parentheses. Cowardin Classification Area DWQ Rating PF01A (Coastal Plain Bottomland Hardwoods, Blackwater Subtype) 1.8 (0.7) 60 PF01 C (Coastal Plain Bottomland Hardwoods, Blackwater Subtype) 3.0 (1.2) 60 PF06C (Coastal Plain Bottomland Hardwoods, Blackwater Subtype) 1.3 (0.5) 60 PF06F (Cypress-Gum Swamp, Blackwater Subtype) 0.9 (0.4) 71 PSS1/3C (Scrub-shrub assemblage) 0.3 (0.1) 27 Total 8.3 (3.3) In addition to vegetated wetlands, there are 860 feet (262 meters) and 1.0 acre (0.4 hectare) of Neuse River riparian buffer within the project area. Of this acreage, 0.6 acre (0.2 hectare) is in Zone 1 and 0.4 acre (0.2 hectare) is in Zone 2. During project construction, Bridge No. 212 will be dismantled without dropping portions of the structure into Bachelor Creek. Therefore, no temporary fill from bridge demolition is expected to be placed in waters of the United States. As this reach of Bachelor Creek is in the Coastal Plain, and has potential as a travel corridor and breeding area for migratory fish, this project can be classified as Case 2, where in-water work will be avoided during moratorium periods (February 15 through June 15) associated with fish migration, spawning, and nursery areas. To minimize fishing and non-fishing activities that adversely affect marine fisheries, areas of Essential Fish Habitat (EFH) afford limited protection under the Magnuson-Stevens Act 2 i of 1996 (16 U.S.C. 1801 et seq.). EFH has been broadly defined by congress as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." Fishing and non-fishing related activities that can adversely affect fisheries include fishing gear, dredging, filling, agricultural and urban runoff, and point-source pollution discharge. No marine, estuarine, or tidally influenced waters are located within the project region. Based on the latest directive from the National Marine Fisheries Service (NMFS 2000), the nearest designated EFH is associated with tidal waters of the Neuse River, approximately 12.7 river miles (20.4 river kilometers) downstream of the project area. Permits The project area may contain Public Trust Waters AECs. If replacement of the bridge avoids impacts to AECs, the DCM will review the permit application for CAMA consistency. If an AEC is proposed to be impacted, a CAMA Major Permit or General Permit for bridge replacement (15A NCAC 07H.2300) may be applicable. This project may be processed as a Categorical Exclusion (CE) under Federal Highway Administration (FHWA) guidelines. The USACE has made available Nationwide Permit (NWP) No. 23 (67 FR 2020, 2082; January 15, 2002) for CEs due to minimal impacts to waters of the U.S. expected with bridge construction. DWQ has made available a General 401 Water duality Certification for NWP No. 23 (GC 3361). However, authorization for jurisdictional area impacts through use of this permit will require written notice to DWQ. If temporary construction is required that is not described in the CE, a NWP No. 33, for temporary construction, access, and dewatering (67 FR 2020, 2084; January 15, 2002) and associated DWG General Water Quality Certification (GC 3366) may required. In the event that NWP No. 23 will not suffice, impacts attributed to bridge replacement and associated approach improvements may qualify under General Bridge Permit (GP) 031 issued by the Wilmington USACE District. DWG has made available a General 401 Water Quality Certification for GP 031 (GP 3375). Notification to the USACE Wilmington district office is required if this general permit is utilized. The USACE may exert discretionary authority and require an Individual Permit if avoidance and minimization have not been adequately addressed, or if mitigation is inadequate (assuming mitigation may be required). The Neuse River Basin Rule applies to 50-foot (15-meter) wide riparian buffers directly adjacent to surface waters of the Neuse River Basin. Neuse Buffer Certification will be needed in addition to a USACE permit and DWQ Water Quality Certification. . Federally Protected Species Species with the federal classification of Endangered, Threatened, or officially Proposed for such listing are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). One federally protected species is listed for Craven County (May 31, 2002 FWS list), and is presented in the following table. 3 . , Common Name Scientific Name Status American alligator Alligator missisippiensis T(S/A)" Bald eagle Haliaeetus leucocephalus T Leatherback sea turtle Dermochelys coriacea E West Indian manatee Trichechus manatus E Red-cockaded woodpecker Picoides borealis E Sensitive iointvetch** Aeschynomene virginica T Threatened due to Similarity of Appearance: resembles in appearance a threatened species that enforcement personnel would have substantial difficulty in differentiating between the listed and unlisted species. The American alligator has this designation due to similarity of appearance to other rare crocodilians. "' Historic record -last seen within Craven County more than 20 years ago. Alligator missisippiensis (American alligator) T S/A species are not subject to Section 7 consultation and a biological conclusion is not required. However, this project is not expected to affect the American alligator. Haliaeetus leucocephalus (Bald eagle) BIOLOGICAL CONCLUSION: MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT Potential habitat for bald exists within the project area. The open water swamp of this section of Bachelor Creek contains numerous emergent bald cypress, gum and green ash suitable for perching. Areas of open water for foraging are also present. No bald eagles were observed during the site visit. The nearest NHP record of a bald eagle is approximately 9.0 miles (14.5 kilometers) southeast, at Brice Creek near the Trent River. No long-term impact to bald eagle is anticipated as a result of this project. Dermochelys coriacea (Leatherback sea turtle) BIOLOGICAL CONCLUSION: NO EFFECT Bachelor Creek, in the project area, is anon-tidal, freshwater stream. Therefore, no habitat for Leatherback sea turtle exists in or near the project area. No Leatherback sea turtles were observed during the site visit, and NHP documents no Leatherback sea turtle occurrences within 5.0 miles (8.0 kilometers) of the project area. Trichechus manatus (West Indian manatee) BIOLOGICAL CONCLUSION: NO EFFECT Potential habitat for West Indian manatee does not exist within or near the project area. The dimensions of the Bachelor Creek channel preclude access for an animal as large as a 4 ° ~ manatee. In these upstream reaches of the stream, obstacles such as beaver dams, logjams and point bars obstruct the movement of larger aquatic mammals. No West Indian manatees were observed during the site visit. The nearest NHP record of the West Indian manatee is approximately 8.0 miles (12.9 kilometers) southeast, at the mouth of the Trent River. Picoides borealis (Red-cockaded woodpecker) BIOLOGICAL CONCLUSION: MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT BIOLOGICAL CONCLUSION:A few mature loblolly pine trees exist within the project area and adjacent areas. However, the trees are widely spaced and occur in scattered locations. The clustered arrangement of pine trees preferred by the birds for nesting colonies is not provided in the project vicinity. In addition, dense shrub and understory layers occur under large areas of bottomland and mesic mixed forest. The use of scattered pines for foraging sites would depend on the birds' crossing large tracts (greater than 300 feet [91 meters] wide) of roadways, agricultural fields, and brushy woods. Therefore, the project area contains no suitable habitat for red-cockaded woodpecker nesting, roosting, or foraging. No occurrence of red-cockaded woodpecker is documented by the NHP within 5.0 miles (8.0 kilometers) of the project area. No red-cockaded woodpeckers were observed during the site visit. Aeschynomene virginica (Sensitive jointvetch) BIOLOGICAL CONCLUSION: NO EFFECT The project area is well upstream of any tidal influence. In addition, disturbed open areas with little herbaceous competition are not found within the project area. Most shoreline and open areas are colonized by tearthumb, marsh pennywort, and soft rush, as well as other grasses and rushes. Therefore, suitable habitat for sensitive jointvetch does not exist within the project area. The nearest NHP records for sensitive jointvetch are approximately 8.5 miles (13.7 kilometers) southeast, near James City. However, this species has not been recorded in Craven County in over 20 years. No individuals of sensitive jointvetch were observed during the site visit. CONCLUSIONS The project area contains 8.3~ acres (3.3 hectares) of jurisdictional areas that could potentially be impacted by the proposed project. Permits potentially be required for this project are a CAMA Major Permit or General Permit for bridge replacement (15A NCAC 07H.2300), NWP No. 23 and No. 33 along with their corresponding Section 401 Water Quality Certifications. Neuse Buffer Certification will also be needed in addition to a USACE permit and DWQ Water Quality Certification. 5 • t Cypress-Gum Swamp, a High Quality Resource, occurs within the project area. The National Marine Fisheries wilt be consulted as to the timing of construction activities to minimize impacts to fisheries resources. Construction of a replacement bridge within the footprint of the existing Bridge No. 212 is recommended to minimize impacts to wetlands, plant communities, and fisheries resources. 6 ~ t TABLE OF CONTENTS Page 1.0 INTRODUCTION ................................................................................................................. 1 1.1 Project Description ................................................................................................... 1 1.2 Purpose ....................................................................................................................1 1.4 Qualifications ............................................................................................................4 1.5 Definitions of Area Terminology ................................................................................ 5 2.0 PHYSICAL RESOURCES ................................................................................................... 5 2.1 Physiography and Soils ............................................................................................ 5 2.2 Water Resources ...................................................................................................... 6 3.0 BIOTIC RESOURCES ......................................................................................................... 9 3.1 Terrestrial Communities ............................................................................................ 9 3.1.1 Vegetation Communities ..................................................................................... 9 3.1.2 Faunal Communities ......................................................................................... 11 3.2 Aquatic Communities .............................................................................................. 12 3.3 Summary of Anticipated Impacts ............................................................................ 13 4.0 JURISDICTIONAL TOPICS ....................................'............:.............................................. 14 4.1 Waters of the United States ..............................~...................................................... 14 4.2 CAMA Areas of Environmental Concern ................................................................. 16 4.3 Permit Issues ..........................................................................................................16 4.3.1 Permits .............................................................................................................. 16 4.3.2 Mitigation ........................:.................................................................................. 16 4.4 Protected Species .................................................................................................. 18 5.0 REFERENCES ..................................................................................................................24 LIST OF TABLES Table 1: Plant community coverage within the project area ......................................................13 Table 2: Wetland areas within the project area ......................................................................... 15 Table 3. Federally Protected Species listed for Craven County ...............................................18 Table 4. Federal Species of Concern listed for Craven County ............................................... 23 LIST OF FIGURES Figure 1: Location ...................................................................................................................... 2 Figure 2: Plant Communities ...................................................................................................... 3 ,~ Replacement of Bridge No. 212 SR 1005 (Old US Highway 70 West) over Bachelor Creek Craven County, North Carolina (B-4085) 1.0 INTRODUCTION 1.1 Project Description The North Carolina Department of Transportation (NCDOT) proposes replacement of Bridge No. 212 on SR 1005 (Old US Highway 70 West) over Bachelor Creek and the associated floodplain (Figure 1). Bridge No. 212 spans Bachelor Creek and adjacent banks for a distance of approximately 82.0 feet (25.0 meters). The existing roadway is approximately 28.0 feet (8.5 meters) wide with a total, maintained right-of-way width of approximately 52.0 feet (15.8 meters) (Figure 2). The project area is located at the crossing of SR 1005 (Old US Highway 70 West) over Bachelor Creek approximately 7 miles (11 kilometers) northwest of downtown New Bern, NC (Figure 1). Included within the project area are Bachelor Creek, the associated floodplain, and adjacent terraces. Also included is a railroad track that parallels SR 1005 approximately 55 feet (16.8 meters) to the south. Bridge No. 212 was built in 1937 of timber piles and caps, with a superstructure of continuous (- beams. The NCDOT project engineer will complete bridge materials and fill data at a later time. During project construction, Bridge No. 212 will be dismantled without dropping portions of the structure into Bachelor Creek. Therefore, no temporary fill from bridge demolition is expected to be placed in waters of the United States. NCDOT will coordinate with various resource agencies during project planning to ensure that all concerns regarding bridge demolition are resolved. 1.2 Purpose The purpose of this study is to provide an evaluation of biological resources in the project area. Specific tasks performed for this study include 1) an assessment of biological features within the project area including descriptions of vegetation, wildlife, protected species, jurisdictional wetlands, and water quality, 2) a delineation of Section 404 jurisdictional areas and subsequent survey of jurisdictional boundaries (utilizing Trimble XRS Differential Global Positioning System technology), 3) an evaluation of plant communities and their areas within the project area, and 4) a preliminary determination of permit needs. 1 ,~ t ~ ~ ~ ,~ _ :u~- P39 .`; ` ~' , ay ~i L'' f 1lS4 Ll '~ .tlS! 19e _ _\__-_ _`- , ,. ..) G'~ ~ t ~..~! ~' •.1. c 0 ___. ,19 ..r~.r` 4~ .~ , r' ,, r~ I .~ s J i~ ` `~ .,. ~•f, • tA ~~..~ i U / ~ ~ ® Here gay. wi~ 'y PO- 7"!4 m.rr ati O i - ' ~ i .~ ' ~ ~ . • s ~M+.. ' `` " • v •~ ~ iea"T . ' ~ .. . ~ ! s~ i ~ 40 •' PI93 ~¢ '. 'ro ~ _ ..... i ~~ ' T Nr .. ~ ~ .` C O ~~ U N T Y %~ 4~ _. `• ~d ~~ j; NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DMSION OF HIGHWAYS PRO]ECT DEVELOPMENT Bt m-/ ENVIItONMENTAL ANALYSIS BRANCH CRAVEN COUNTY REPLACE BRIDGE N0.212 ON SR 1005 OVER BACI~LOR CREEK B-4085 Figure 1 ~y "~~. n Y x~ ~ s ~ 'v_ _.~ 'Sf ~ s .3. a« r, L~~~..m. ~ at.. ~`~ ~ r ~Sg ~ ~ ~`~,.- ~~ .L ,n ,v '. g ~ >} ~ ts~ 1Cy +~ x i ~~ .` :. ! .~~t~~ } _ ~j:. .#~ 3t 1 cif>Y •r ~~ 3 r n ` ~ ~ ~~ r ~ ri x „'i:' Jf i~ ~ ~~ .. L 'i1~C ,~ '1~ ~ ~ ~ CM ~ -~ ~~ a ~ f 'r/ j.~ir. p ''fir ' ~ ~ .~" ~ ~. Vie},. ~~ ~ v` ~.~ ~ r ~.. '. 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II ~ ~j o N Z cn °_ ~ N o -' w v O -I o W O 00 ~_ ~'. ~ ? w -n ~ o0 00 ~ ZN ~ ~'~ ~~ a~ ~ ~N ~ o ~ ~~ ° ° °z3 = < O ~ ~• N ~o ~~ ~ ~ mn ~ ~ i~ mm ~~ ~~ ~ ~ ~~' ~ `° ~~ ~~ ~ ~ o ~ . ~, ~•f 1:3 Metfiods Materials- and literature supporting this investigation have been derived from a number of sourcesincluding U.S. Geoiagical Survey (USGS) topographic mapping (Jasper, NC 7.5 minute quadrangle), U.S: F'tsh and Wildlife Service (FINS) National .Wetlands Inventory- (NWl) mapping (Jasper, NC 7.5 minute quadrangle); NC Division of Coastal Management (DCM)-wetlands mapping, Natural Resources Conservation Service (NRCS; .formerly the- Soils Conservation Service) soils mapping (SCS 1989), and- recent aerial photography (scale 1:200) furnished by NCDOT. The most.. current . FWS listing of federally protected species with ranges extending ,into Craven County. (February l l , 2003 FWS .list) was addressed in thin report: In addition, NHP records documenting the .presence of federally or state listed species were consulted before commencing field investigations.: Significant Aquatic Endangered Species Habitats proposed by the North Carolina Wildlife Resources Commission (WRC; June 13, 1995 listing) were consulted to determine the presence of Proposed Critical Habitats for aquatic species. Plant community descriptions are based on a classification system,. utilized by N.C. Natural Heritage: #~rogram (NHP) (Schafale and -Weakley 19:90).- Vlihen appropriate, community dassifi~cations inure modfieo to better Feflect field observations; Vascul$r ,plant names f~Uow nomenclature found. in Radford.'et aL. ~19i8) with adjustments for updated .norr~~cla~ture (Kartesz 1998). .Jurisdictional areas were. evaluated using the .three-parameter. approach following U.S. Army.. Corps of Engineers (USAGE) delineation guidelines (DOA; 1987). Jtuisdictionaf areas were characterized according to a class'~ication scheme :established ,bY Cowardin et al. (1979). Aquatic' and terrestrial wildlife habitat requirements and distributions were determined by supportive literature (Martof et al. 1980, Potter et al. 1980, Webster et al. 1986, Menhinick 1991, Hamel i 992,. Palmer and Braswell 189'5, and Rohde et al. 1994). Water quality information for area streams and tributaries was derived from avaijabie sources (DWG 2002x, 2002b). Quantitative sampling was not undertaken to support existing data. __ _ _ .__ The r 'eel area-was walked and visuail su P fl1 y r~reyed #or-significar#t-#eatures: For purposes of-this: --. _. evaluation, the. project area has=been delineated by the NCDOT (Figure 2), Special concerns evaluated in the field `include 1) potential. protected species habitat and 2) wetlands and water quality protection in Bachelor Creek. 1.4 Qualifications The field work for this .investigation.. was, conducted on December 18,.2002 by EcoScience Corporation biologists f=lizabe#h ~cl~ei'rer and. Sandy Smith. Ms. Scheirer: is a Project Scientist with 5 years. of experience in the environmental field. She holds an M.S. in forestry from North Carolina State University; with .minors in botany and ecology. Her research involved the restoration of fiarmed wetlands on the North Carolina Coastal :Plain, with emphasis on -the influence of microtopography on hydrology and plant cpmmur~ities. At Tall Timbers Research ;4 _. ~.' --. .. ..,-r. Station. in Tallahassee, FL, she designed. and iMp(ement~d 'a :study. of red-cockaded woodpecker habitats in the Apalac~isola -National Forest. " Rrofessional expertise includes wetland .and- jurisdictisanal -area delineations, .plant and wild{"rfe "ider~iFication and community mapping,., plant community parameter analysis, protected Species surveys;-..and environriaental document pre ration. Mr. Smith is a Senior Scientist with 14 years of experience in the environmental field. Mr. Smith has a bachelor's degree in biology #rom Davidson College and a master's .degree in marine%oastal biology from the University of North Carolina at Wilmington, He has conducted field- research and .species inventories involving seabirds;~ shorebirds, colonial waterbirds, songbirds, small mammals, reptiles, amphibians,. freshwater and estuarine fish, and benthic invertebrates. Professional expertise includes jurisdictronal area delineations, stream and riparian buffer determinations, ~ plant- and wildlife id~erttification and community mapping, " protected species surveys, environmental permitting, and-environmental document. preparation. 1.5 Definitions of Area Terminology The project area boundary (Figure 2) has been delineated by the NCDOT, and encompasses appraxirrFa#eiy 30.2 acres.~12;2 hectares).. The pfc~ject area is g®nerafly 4inear, and #ollo~rs SR z 1~5 alisrtg. a ~resL o~.t#t~ +~rie~tai~rri fora ~f `f~,ct ( .m~a~j. width ,of .~~~ area 5~ apprtely 400 fob-~~2L .)' l~ ~ irs "tMe ~si~a withfn l?.5 rniie (0.,8 kilomete>•) of the project area, and the; prgect region is the aces 'included in a 7.5 minute .USCS quadrangle map with the project area a's the center. . 2.0 PHYSICAL RESOURCES 2.1 Physiography and Soils The project ai`,ea is kxated within a Jevei'; wide #toodplain galley with a:gently sbping western valley wad and:a slighti~r stee~er__ea~em va11Qy wall. ~evn$ in tbe-project area ige~cOCn a _ . _ ..__ high-of approximately 25 feet (':6 meters) ~latia~ (3eode?tic V i~at~tm (NOD), ;ors the ends of .the project area .and along t#te roadvva~r, #o a low_o# approxirnatel~ 5 "feet` `(1.5 meters) htCVD -within the stir®am channel. ,:grid u~e~ withm and near the {~rx'~eot area u~nsists of woodlands, swamps, agricultural fiieids, atad raral tesiderttial a~ commercial lots.. The project :area is .underlain by the Lower Coastal. Plain ~Ifiir~o and Talbot System soil. .region in the.: I coastal. Klein: ph~rsiograpt~ic provide of ~ a..'r'he upland surfscee to , the Gower ~oastai Plain;have less- Ioca~I relief, are der;. a~r~I`~ha~ Ta~g~r~ ane~Is "af poorly d `very poorly ~dtained soils ~ than the Middle ;and UppQr Loastal. P#alrt. regicu~s. At the Lower " ~: Coastal Plain: hQUndary (thy Swiry scarp), .clay .miner e ~ f~ kaolinitip to a' ~tnixed aka hapges mineralogy; vwjth mare than t0 persertt expanding airy Marine secikri~rts sre 4 ,.. ` ~ dominant,.resulting in fine- and coarse-loamy, siliceous soils on the Wicomico and Talbot plains- (Daniels. et al. 1999). Based on soil mapping for Craven County (SCS 1989), the project aGea is underlain by three soil series:. Masontown mucky fine sandy loam and Muckalee sandy loam, frequently flooded (Cumulic Humaquepts and. Typic Fluvaquents), Tomotley fine sandy loam (Typic-Ochraquults), and Craven silt loam (Aquic hlapludu/ts). Within the project area, the Masontown and Muckalee series occurs. along-the river channel, Tomotley fine sandy loam is found on slopes and river terraces, and Craven -silt .loam is found on uplands. ,The Masontown ,and Muckalee and Tomotley series are considered hydric soils in Craven County by the NRCS (NRCS 1997). In total,, approximately 38 percent (14:4 acres. [5:8 hectares]) of the project area is underlain by hydric soils. The Masontown and. Muckalee series consists of poorly and very poorly drained, moderately to rapidly permeable :'soils on floodplains. The soils formed in moderately coarse textured alluvium, and slopes are nearly level (0 to 2 percent). The seasonal high water table is approximately 1.5-feet (0.5 meter) below the soil surface or higher.. These soils are subject to frequent flooding of long duration. Acidity ranges from alkaline to strongly acid. The Tomotley series cpnsists of poorly dratr~ed, moderately permeable soils oe broad flats ""mod in depressions in stream terraces. along the. `Meuse River and its larger tributari®s. This series formed in moderately fihe textured sediments. Slopes are nearly level, from 0 to 2 percent, and the seasonal high water table is at or near the -soil surface. Water ponds in the depressions for .brief periods. The soils are strongly to extremely acid. The Craven series consists of moderately well drained, nearly level soils on tow ridgesand side slopes on uplands near- drainageways: .The...soils are slowly permeable, and formed in fine textured sediments. Soil reactivity is strongly to extremely acid. The seasonal high .water table is 2 to 3 feet (06 to 0:9 meter] beneath the soil surface. " 2.2 - ater esources - ---- _. __ ____. The project area is located within sub-basin 03-04-08 of -the ftileuse River .Basin ,(DWQ 2002a).. This area is part of I~SGS Hydrologic Unit 03020202 of the South AtlantcJGulf Region. The structure targeted for repiacerr~ent" spans Bachelor Creek and Bachelor Creek floodplain. This. section of Bachelor Creek has,been assigned Stream index Number 27-98 by the N.~: Diuision of Water Quality (DWQ 2002b). At tMe project area, Bachelor Creek is a poorly-defined, fourtk~=prder, perennial .stream- with low #low Doer a silt substrate. During fi®ld .investigations, water. Level was .hig1~, frvFn apprroximately {8 inches (20 centimeters):;to 5 fast (i:5 rfleters) deep, and extensive areas•of the floodptain were irwndated: The :river had-.apparently overtopped its banks', end no clea~iy defined eh~nnel'was visible. At Bridge No. 212, Bacheku Creek is approximately 80 feet {24 meters): wide. The 6 ~ ~ 1 , - ~ - t floodplain of .Bachelor Creek slopes gently upwards from the water surface. V1later clarity was poor due to tannin twining, with visibility to 8 inches.(20 centimeters), and-flow veloc~'ty was low. Classifications are assigned to waters. of the State of iVorth Carolina based on the existing or contempiated: best usage of .sari©ps streams or segme~rtts' of streams in the- basin. A hest Usage Clas ifiioation of G .~ N5'w'has been assigned to this reach.. of Bachelor Creek. The designation -C denotes waters .are suitable- for aquatic .life. propagation and protection, - agricul#ure, and secondary recreation. Secondary recreation includes wading, ,boating, and. other uses. not involving human body .contact with waters on an organized or frequent basis. The supplemental classification Sw denotes waters. which have low velocities and other natural characteris#ics which are different from adjacent streams. The designation recognizes waters - that will naturally be more acidic (have lower, pH `values) anti .have lowerlevels of dissolved oxygen. NSW. denotes Nutrient Sensitive Waters which require limitations on nutrient inputs. All a+vaters in the Neuse River Basin have this supplementary dassfication. In general, management strategies for point and non-point source pollution control require no increase in nutrients over background levels. No designated High Quality Waters 4HG1W), Outstanding Resource Waters (ORW), Water Supply l (WS-I), or Water Supply II'(WS-11) waters occur within 1.0 mile {1.6 kilometers) of the project area (DWQ 2iJ02a). No .watershed Critical Area (CA) occurs within 1.O mile (0.6 kilometer) ~o# the project area. The Division of Water.- Quality (DWQ)' (prauiottshy,. known as the won of fnvironrnental Managenaetit, Water t~ualify Section [DEiiAj) -has t`nitiated a~ whole=basin approach to water. q~raliiy management for ..the 17 : river `basins within the state. Water gaality for tl~e proposed - pro1ect area is .summarized in the Neuse Basinavide tiVater Quality plain (DWQ 2d02a). Based on DWQ da#a,'Bachelor Creek is currently not given a UseSupport Rating .of its Best Usage Clsssi#catian. Although. DWQ maintains a F1sh Tssua Analysis station approximsteiy 4.0 miles (6.4 kilometers). downstream: an Bachelor I/reek, and an Ambient Monitoring Station- near the mouth of Etachelor Creek near Washington Forks, the river has ndt ~ beenassigned a bioclassfca~on based on this data. Biocrtteria are currently being develc~ed to assess swampy streams. such as Bachelor Creek. f#owever, afl waters In the `subbasin are considered - -aclvtsories- WQ-2EElg~} _ : _ _ _...._. -- ---- - -- --- . ---- -- imp8iced=on-~ evaluated t~asis because of f+sh` oorts~tmption .' (~ . .Sub-basin 03-04-08 of -the Neuse River Basin .,supports three hiationai' Rollu#ant Discfiarge `Elimina#ion :System permitted point source dischargen3. Total dischaggee is 3~~4 milaon gallons per day (122.6 million liters per day). One `major dfschatgsr (Weyerhauser New Berms Paant) accounts°#or a total of 32.0 million gallons per day (124,1 million liters per- day)..- This discharger is loEafed .ort the Neuse River approxim~tQly 4.~ stream ~ns (7.71kildrneters) ~ upstream of -the. rt~outh pt Bachelor Cr®ek: Ttvee'mirtor drsrg~rs ac~rtt #~ir,0.4 ri~n gatlb~s,per ~ejr (i:5 n~7lion liters par day). The mrrior d~sc~rth ~aub=sin ~®~~lot~ated Qn `Neusa River upstream of the rnmuth of Bachelor Creak, for one ~disoharger approttirnsely 0.3 stream _miie~ (0.5 ttlorneter) upstream of the_projsct area on l~chel©r Greek. 7 o .. ~ • .- Major non-point sources of pollution for Bachelor Creek and the lower Neuse River Basin include nutrient: inputs frorn agricul#ural areas, confined. animal operations, and urbanized areas. Aquatic habitat. degradation is also exacerbated by removal of rfa#ive riparian vegetation.. Sedimentation and nutrient inputs are major „problems associated with non-point.; source discharges and of#en result in atgal blooms-and .elevated levels of fecal coliforrn ~ bacteria. In add`~ion; oxygen-consuming wastes discharged into low- or' zero-flow streams, ,`.such as Bachelor, Creek, result in owered levels of dissolved oxygen and poor habitat for aquatic species. No part of Bachelor Creek is listed on the state's §303(d) list. Temporary construction impacts due to erosion and sedimentation will bs minimized through implementation of a stringent erosion control schedule and the- use of Best..llAanagement Practices (B~MPs). The contractor will follow contract specifications pertaining to erosion. control measures as outlined in 23 CFR 650 Subpart B and Article 107-13 entitled "Control of Erosion, Siltation, and Pollution° (NCDOT, Specifications for Roads and Structures). .These measures include the use of dikes, berms, silt basins, and other containment measures to control runoff; elimination of construction staging areas in floodplains. and adjacent to waterways; re-seeding of herbaceous cover on disturbed sites; management of chemicals (herbicides, pesticides, de-icing compounds) with potential negative impacts on water quality; and avoidance of direct discharges into steams by catch basins and roadside vegetation. Tall fescue is not suitable for erosion controls atopg stream bars. The proposed bridge replacement will allow fo[ continuation of pre-project stream :flows in Bachelor Creek, thereby protecting the integrity of this waterway. Long-term- impacts ,resulting. from construction are:: expected to be negligible.. In order to minimize impacts to .water resources, NCDOT Best 11Aanagecnent Practices (BMPs) for the Protection of Surface Waters will be strictly enforced during the- entire: li#e of the project. Due to the composition of Bachelor Creek streambed, sediment curtains should be utilized to minimize potential water .quality .degradation as a result of bridge replacement. During. project construction, Bridge No. 21.2 will be dismantled withcaut dropping portions of the _.._ __ _ _..,. _. stn~cturE-into Bachelor-Greek: -Therefore, rya-temporafy #111-from-bridge-demc~litts expect~cf..tQ_ __ be placed in waters of the. United States, NCDOT will coordinate. with various resource agencies during project planning to ensure that all concerns regarding bridge derr~olition are - resolved. Five distinct plant communities were identified within the project area.Mesic Mixed Hardwood Forest (Coastal Plain Subtype), shrub/scrub. assemblage, Coastal Plain Bottomland Hardwoods (Biackwater Subtype), disturbed/maintained land, and Cypress-Gum Swamp (Blackwater Subtype).- Plant community descriptions are based on a classification. system utilized by N.C. Natural Heritage Program (NHP) (Schafale and: Weakley 1990), ,where applicable. These communities are described below in order of their dominance within the project area. Mesic. Mixed Hardwood Forest (Coastal Plain Subtype) - Mesic Mined Hardwood Forest is found at the ends of the project area, in the upper edges of the Bachelor Creek floodplain, and also in divides between swampy .areas. According. to Schafale and Weaktey (1990), this community occurs on mesic upland areas protected from`. flret MQSt of the large stands of woodlands in the western half of the project area have been .logged within the previous 10 .years. In he~se areas, the canopy layer is fragmented ;and: the subcanopy acrd shrub #ayers are ;well-~veid~; jn tf~ rnat~e wu~otflands of tku~ t ,p~aH~`~aa, the-`may later is wail- developed aid the o#her .layers are less dominant. Ttiia pleuit nmunity is dominated by beech (Fagus gr8ndifora), and water oak (Quercus nigre) on the lower giopes, and grades into a larger proportion of loblolly .pine (Minus feeds) and hickory: ~8 sp.) on ridges. Tulip poplar . (Llriodendron #ulipifera) and sweetgum (Liquidambar stifles) are also common. The subcanopy and shrub layers contain flowering dogHrood (Comes ~sforida), American hotly (Ilex opaca), red maple (Acer rubrum); sweetleaf (Symplocaos tlrtcroria), and giant. cane. (Artindinaris gigantea). Vines include supplejack (Berchemia scandenS) greenbrier (5rbilax rotund~folis), and cross :pine .(Bignonia capreolaca). Herbs are scarce under the closed canopy, but partridge berry (]k~lital~ella repens) and cranefty orchid (T~ularia drscol©r? occur. __ _._. _ -Shrublscrub°assemblage =This plant community-occurs in $,,etrip between-SR #'t~5 and-tfie -_ .. railroaG! ,track approxima#ely 55 feet. (17 me#ers) to its souk, and also on the southern .edge of fhe railroad ~ right-of=way. nn this. south edge of SR,1 ~p5, t##~ss cornmur~##y forms $ boundary- . between disturbed/rnaintained =land an the roadway shodlt~er~ Arid the chore mature forested plant _ cvmrrlarfities: Shrub-scrub assemblage mad ba `described as .pan extension cif the. surrounding ptent cc~mrnuni~es, whictta .are in ate early stag@ flf succession A Iatge component.. of weedy: spies is also intct~diucyed into the comn~u~t At that. project area; .no oanQpy layer cxieurs ut ifie st~ubfscrub a,~sern~lage, but scat>~re,~d sr~s~N ir9>du~ls `ofi A~rraer~r~ etm .. (tllmers arneriman , lobip tne; red ~ le, and . ~ Ily p P ~ ~. ~>r~-s ace .fairy dwerse in he :absence of a canopy cover, ahd include. grval . (BscpJr~?is tralirnifmlrg),: wale: myrtle (Nocella; ceri~era), _gac~t cane, Mack' vaisr ,fir ( ~~ra), bWttonbws#t (Cepl~elarttltus ©c:cidenfaf~), and red efioke'berry (PMoticne 13X~ Th+a:e.€orr~tt~in~~txtes Japanese honeysuckle (Lonicera japonica), . Carolina jes~rrune (~~!fas~nl~rr-: seibpsnrirr~rrs), gr~nbrer, 9. ~ ~ ..~ Ail i~ ~~ ~ - ~ ~ - .. ~ ~ ,- ,. and cross vine. Herbs are also diverse, especially at the sunny ,edges bordering disturbed land, and include dog. fennel (Eupatorium capillifolium), ,frost aster (Aster pi/osus), Christmas- fem (Polystichum acrosticMoides); bushy bluestem (Andropogvn glomeratus}, verbena (Verbena bonariensis), goldenrod (Solidago sp.), and, Indian-hemp `(Apocynum car-nabinum). f^,oas#al Plain Botiomland Hardwoods (Blackwater Subtype] - This plant community is temporarily flooded, and- forms a border between Cypress-:Gum Swamp .and ,the.. adjacent uplands. Schafale and Weakley 01990) describe .this community. as flooded, at least occasionally, but seldom disturbed by flowing water. tt occurs at the center, of the. project area, and in small pockets. separated from the main stream channel and .adjoining wetlands.. As with the Mesie Mixed Hardwood Forest community,. the western sections of Coastal Plain Bottomland Hardwoods ha~re been logged within the last 10 years. In These sections, the shrub and subcanopy layers predominate, with. few canopy level trees present. Herbs .are present in gaps and- at edges. The mature forest to the east has a mature; well-developed canopy with fewer shrubs and herbs.. The canopy of this plant community includes swamp chestnut oak (Quercus michauxi-), water oak, laurel oak (Q. laurifolia), swee#gum, American elrn, sugar maple (Ater barbatum), red maple, greed ash (Fraxinus pennsy/vanica}, loblolly pine, and tulip poplar. The subcanopy and shrub layers contain American .holly, ironwood {Carpinus caroliniana), titi (Cyrilla ra~^emiflora), sweetleaf, highbush bluebeFry (Vaccinium coryrnbosum), nannyberry (i~bumum r9ddurrt), sweet bar (l~agriofia ,~irg~nrana), giant ,= berry (Rebus ~u~), groundsel, and wax myrtle. Herbs include royal fem (Osmunda regalis) and bamboo grass {©ichanthelium sceparium). Dtsturbed/maintained lend. - Disturbed<main#ained land oocurs `along the 14-foot {4:3-meter) wide shoulders of SR 1005; and.includes small areas of railroad mairYter~arace yard, residential lots,,and agricull:ural fields.. These areas contain planted and volunteer grass species, such as foxtail grass (~etaria geniculata) along .with -other:weedy. species such as plantain (P/antago laF-ceo/ata), chickweed (Stellaria media), pussytoes {Antennaria sp.), and wild onion {Allium canader~se). --- Cypress-Gum ~wamp-(Blackw$te~' Su>~type}-= fi h'rs~artt community-is describedt~ Schafale--- -_ _-... _ and Weakley (1.990) as occurring in b-ackswamps, sloughs, s~ale~, and fen#ureless #loodplains of blackwa#er rivers. They are seasonally. to serniparrhanently flooded,. with variable flow mimes. The water tends to be-very acidic, Iqw in mineral sedlrrien~s and nutrierrts, and ~oitored by tannins. Cypress-Gum Swamp extends through he e±enter `of the projeot area; in the channel . and looker floodplain of Bachelor Creek. South of SR 1005 ahd~east of the main channel, an additional pocket of the. stniarl~p area borders 'SR: 1t`I~5. This plant cgmtrtunity has an open ttvdodfand structure, witlt mature trees irtterspersed:witfi are~>v# open wa#et. S~ul`rs,are #ew, Arad kerbs occxtpy small islands arxi edges o~ eupc~sed soil:. T#te canopy is dominated by bald cypress (TaxQdium disticl~m) and gum {A~ysse aquatics), #~ut :been ` aslt alsfl ~ occurs. The shrub layer contains lfirginla ,wiltow (ltea virginioa)', red d~rcb®txy, inkberry {flax glabra) staiggerbush _(~.yonia fucida),'and swarr~p rose (Rota palustsj. V~irres inclt~e.~ra(~e {#%l~s`sp.), and catbrier (~rrRii~e. bor-a-nox). Thee herb layer:- is fairly diverse in open areas, including 10 t- ~~ ~ woolgrass bulrush (5cirpus cyperinus), plume .glass. (Erianthus gigantaus), cattail (Typha latitolia), -soft rush (Juncos effusus), . royal fern, . cinnamon ~ fern (Osmunda annamornea), tearthumb (Po/ygonum arifolium), and marsh pennywort (Hydrocotyle umbellate). The Cypress- Gum Swarnp plant community grades into Coastal Plain Bo#tomland Hardwoods (Bfackwater Subtype) at its upper edges, except at he western end of `the .project- area. in this area, Cypress-Gum Swamp`directly abuts-upland Mesie Mixed Hardwood commun~ies. 3.12 Faunal Communities No terrestrial mammals were observed during the site visit but physical signs, of three mammal species, white-tailed deer (Odocoileus virginianus), .marsh :rabbit (Sylvifegus palustris), and beaver (Castor canadensis) were observed in Bot#omland Hardwoods within the project area. Other mammal species. expected to utilize swamps and lowland forested habitats in the. project . area are southeastern shrew (5orex /ongirostris), star nosed mole (Condylura cristata), silver- . haired bat. (Lgsionycteris noctivagans), Rafinesque's big-eared bat (Pla~us refinesqui~, co#ton mouse (Peromyscus gossypinus), raccoon (Procyon lotor), and mink (A~ustela vision)... Fells and other disturbed areas might host eastern cottontail (Sy/vilagus floridanus), gray. squirrel. (Sciurus carolinensis), eastern harvest mouse (Reithrodontomys humulis}, .red #ox (Vutpes vu/pes), and Virginia, opossum (Dide/pfiis virgmians). birds observed foraging in swarrxp or hardwood areas w~Fiin or.adjacent to t#~® corrid+sr are red-; shouldered hawk (Buteo tineatus), red-bellied v~od~ecker (Me/enerpes : carolinus), .downy woodpecker (Picoides .pubescens), pileated woodpedcer~ ('Dryvrppus plle~tus), tufted titmouse (8aeol~ltus bicolor), Carolina chiekaclee ~Poeci/e carr~"nb~is), wft#e-breasted nuthatch (Sifts carolinensis), 4rown-headed nuthatch (pitta pusil/a),:gbfd~srx-cr~pwned king#et (R~gulus satraps), aa~d ruby-cro-ned kinglet (:Regulus calendula). Birds seen a~ heard In open fieir~s, disturbed areas, shrublscrub.areas, or over open--water are great blue heron (Ard~a heradias), ~d~taiied -hawk (Bcrteo , jamaicensisj, turkey vciture (Csfhartes eur~, Carobna wren f '~ryc~thorrls ludoviciands)~,northern mockingbird (Nfimus pvlygrlvttos), cedar waxing j8orr-6yc(lla ~droFCrm), northern ca~linal (Cardinelis cardinalis), dark-eyed funco (~Itaxav layemah's), wF~ite-throated row _ Zorietricha...aopis ,::.son __ arrow - M za !#car~. gok~invl~ - . spy' ~ ) g P E _ roelodra},-__ _ _ __ (Garduelis tristis), and corr~man crow (~onrus,;brachyrt-Fias). Other bird spacies.expeoted to be ;found in nsrei swamp arid boitanaland hard~o~d areas~are wood d~rck (Aix barred . ~. owl (Strix varia), v~rirrter wren (Trog~ddytes}tre>g/ody(`es', .9~ay c~tb~rd {punretella Garr~i~ertsis), wood thrush H oeichla -musteli~a , ;whit . ,: (_ yl ~ e-eYed v~re+a. E X+-rso 9rriseus), Prothonotary ~tar~bler (l~riotono#aria citrea), .northern paTUla.~ (Patina. errrerioerrs), and svvacr~ sparr~v (~±lelosp,~a gec~rgir~na): t ~ d N Y woodhouse~), green treefrog (Hyla cinerea), Brimley's chorus frog (Pseudacris brim/eye), rtngneck snake (Diadophis punctatus), rat snake (Elaphe obsolete), .rainbow snake (Farancia erytrogramma), rough green snake- (Opheodrys aestivus), and timber rattlesnake (Crota/us horridus). 3.2 Aquatic Communities. Observations of aquatic plant communities observed within the project area -were limited to duckweed (Lemna sp.) and mosquito fern (Azolla caroliniana). Emergent hardwood species .included baldcypress, green ash, and gum. Crawfish chimneys were .observed along waterways within the project area. .Limited investigations resulted in no observations of aquatic reptiles or amphibians. Aquatic or semi- aquatic reptiles and amphibians' expected to occur. within vegetated wetlands and open-waters in the project area include greater siren (Siren iacertina), eastern newt (Notophthalmus viridescens), two-toed amphiuma (Amphiuma means), southern leopard frog (Rana utricularia), eastern musk turtle (Stemotherus odoratus), painted turtle (Chrysemys pieta), spotted turtle (C/ernmys guttata), mud snake (Farancia abacus), redbelly water snake (Nerodia eryi`hrogaster), black .swamp .snake (Serninairix pygaea), and cottonmouth (Agkistrodon pracivovvs). No sampling' was undertaken in Bachelor Creek to determine fishery potential. Small, unidentified minnows-were- observed during the field survey. dish species adapted to slow, swampy,. acid waters. in the project. region include bowfin. (~1mia calve), eastern silvery minnow (Hybognathus regius), golden shiner (Notemigonus cryso/eucas); yellow bullhead (Amelurus natafis), redfin pickerel (Esox americanus), chain pickerel {Eso~tniger), eastern mudminnow {Umbra pygrnaea), pirate -perch (Aphredoden.-s seyat~us}, swampfish (Chologaeter comufa), eastern mosquitofish (Gantbusia hQ/brookvj, striped bass (Morons saxatilis), mud sunfish {Acantharchus pomotis}; blackbanded sunfish (Enneacanthus chae#odon), bluegill {Lepomis macrochirlis), black .crappie (Pornoxis nigromacu/afus), banded pygmy sunfish {Elassoma _ _zonaturn}, and swamp darter (Etheostoma; fusiforme) _: iIVFlC has: developed a Significant Aquatio Endangered- $peeies Habitat database to enhance. ptanning, siting,. and impact analysis in areas proposed by Wf~C as being .critical due: to the.. presence of endangered or threatened aquatic species. I~lo Significant Aquatic.: Endangered Species Habit~# `~oecurs within the project arse, or within Sub-basin 'b3-04-08, However, this reach. of Bachelor Creek .has po#eh~~t as a spar~ming eras for anadronlous t~sh {such as ~rnecican .shed' [Afosa sapidissir~zaj artd alewife [~losa ps~tdcharengusj) "and a travel corridor for' migratory ffs('r: ' Therefore, m water work duritrg `protect ce#ructian ~,y, npeci tee be ~vc~i~ed ,_ during.: moratorium periods (February 15 through. Jurie 15) asst~ciated -with ihsh rrngra#iah, spawning,. ar~d nursery areas. Future coprdirration wt#h~ fesource agent~~s may resuk in ' stn~ents to these r ' equrrements. 12 ,, n ~ To minimize fishing. and non-fishing activiitiees that adversely affect marine fisheries, areas of Essen#ial Fish Habitat. (~FH) afford limited. protection under the Magnuson-Stevens Act of 1996 (16 U.S:C, 1801 et seq.). EFH has been broadly defined by congress as "those- waters and substrate necessary. to fish for spawning, breeding, feed'mg, or growth to rnatunty." Fishing and non-fishing related activities that can adversely affect fisheries include .ttshing gear; dredging, :filling; agricultural and urban runoff, .and- point-source pollution- discharge, No marine,- estuarine, or tidally influenced waters are located within the project region. Based on the iatest directive from the .National. Marine Fisheries Service (NMFS 2000), the nearest designated EFH is .associated with tidal waters of the Neuse River, approximately 12.7 river miles (20.4 river kilometers) downstream of the project area. 3.3 Summary of Anticipated Impacts Plant communities within the project area were delinea#ed to determine approximate area and location of each within the project area. A summary- of plant community areas is presented in Table 1. No signfficant habitat fragmentation is expected as a result. of project activities since potential improvements will be restricted to adjoining roattside margins. Construction noise- and assoaated dis#uraances will: have short-.term.: irnpac~s° o~ av~a0t~a -'and mig~ wl>e rnoverrt perr~s. Table 3; Plant community coverage wtthin the project area. Areas are expressed in acres,. with hectares in parentheses. . Pi'an# Corntn~nit~l Mesic Mixed- Hardwood. Forest (Coastal .Plain .Subtype) 82 (3.3) Bhrub/scram assembta9e 5.8 (~.3) Coaster Riain Bottomiand Hardwoods (Blackwatar Subtype) 5.~ (22) Disturbed/maintained land _ : 5.7 {2.3) _ _.. _ _ .. .._ .. _ rest-Gt~rn awe ~_ -t?P (Blackvveter Sut~type) 2.5 (1.0) , ' i ~ Potential .down-stream impacts to aquatic habitat wilt be avoided by bridging the swamp system to maintain regular flow .and stream integrity. New bridge design parameters should seek to avoid placing bents in the stream channel, 'rf possible.. Short-term impacts associated with turbidity and- suspended sediments .will affect benthic populations. Temporary impacts to downstream habitat from increased sediment during construction: will be minimized- by. the 'rmplementation of stringent erosion control measures. 4.0 JURISDICTIONAL TOPICS 4.1 Waters of the United States Surface waters within the embankments of .Bachelor Creek are subject to jurisdictional consideration under Section 404 of the Clean Water Act as waters of the United States (33 CFR Section 328.3). The Bachelor. Creek channel and lower floodplain has been characterized by Cowardin et al. (1979) as palustrine, forested, broad.-leaved deciduous, seasonally flooded system (PF01 C). During the filed visit, an open channel .approximately 75 feet (23 meters) could be distinguished in Bachelor Creek.. Vege#ated wetlands are defined by the ;presence : of laree primary criteria: hydric soils, hydrophytic vege#ation, and evrde~ of hydrology. at or near the surface for a portion (#~2:5 percent) of the growing season (DOA 1.987)_ In addition to the channel grid lower floodplain swamps of ,Bachelor Creek, NWI mapping describes `-palustrine, forested, broad-leaved deciduous, `temporarily flooded (PF01A), -and palustrine, forested, deciduous, .seasonally flooded (PF06C) areas throughout the project area. During the field Visit, evidence was noted that the floodplain area may. be more persisteniiy flooded, including a beaver dam. upstream of the railroad bed, cypress knees, and water marks on trees. Bachelor Creek was found to be a poorly- defined, open :water swamp system -with numerous bald cypress trees along with emergent- hardwoods: Therefore, the Cowardin classification may be-more- accurately to#ed as a palustrine, forested, deciduous, sernrpermanently flooded: system (PF06F). This vegetated ___ wQtlan~ system is .generally aSSOCiated with the ..:Cypress-hum _ Ewa r-p plant .community __ _ ._ described in Section 31. The PF01 A and. PFO1 C wetlands correspond roughly. to the boundaries of Coastal Plain 3ottomland Hardwoods. The: PF~36C wetlands occupy- an area Of .Coastal Plain ~ottomland Hardwoods in the northeastern quadrant of the project area. The field visit verified the nature `and general placement ~of these ~veget$ted wetlands: In addition, palustrine scrub/shrub; broad~eaved ;decidpousJtifoad-leaved ev~rgr~een, eason~lly ffiooded wetlands (PSS1f3C) exist .within the scrub~s#irub assemblage p~n# cxraur~ities atongs'rde the railroad tracks. in ail; approximately 27 percent (8 ~,.a+c~es [3+4 F~ecEsres~) of the pro~st area csists of vegetated wetlands (Figure ~) T'attle 2 fists these ~wn>- t and, the{r extari#s within the project area: Or the whole; wetlands aVithiti the project area would be considered riv$ri0e by t #3WQ based orlaheirlocation within the Bachelor Creek floodpfei+~: 14 ~, ~ ~ ~ . Tabie 2: Wetlands within the project- area. Areas are expressed in -acres, with hectares in parentheses. Cowardin Classification Area DWQ Rating PP01 A (Coastal :Plain Bottomland Hardwoods, Bfack~rater :Subtype) 1.8 (0.7) BO PFOi C Coastal Plain 8ottomland Hardwoods, Blackwater Su ( b#ype) 3:0 (1:2) 60 PF06C .(Coastal Plain Bottomland Hardwoods, Blaclcwater Subtype) 1.3 (O.v~ 60 . PF06F (Cypress-Gum Swamp, Blackwater Subtype) 0.9~ (0.4) 71 PS51J3C (scrub-shrub assemblage) ~ 0.3 (0.1) 27 Total ~ 8.3'(3.3) The Nutrient Sensitive Waters Management Strategy for-the .Protection- and Maintenance of Riparian Buffers for the Neuse River.-Basin (15A NCAC 028..0233) .provides a .designation for uses that cause impacts to riparian buffers within the Neuse Basin. The Neuse :basin .Rule applies to 50-foot wide riparian buffers. (measured perpendicular to the s#ream) directly adjacent to surface waters in the Neuse River Basin. Changes in land use within the buffer area are considered to be buffer impacts. Land use changes within the riparian buffer are defined as being Exempt, Allowable, Allowable with Mltigatfon, or Prohibited.. `The Exempt designation .refers to uses allowed within. the- buffer: The. A1lowaible designation refers to uses that ~ prQr~ed- v~itttir~ thQ t~ian der :pra~ided a are r~© I afives, aid that written -euthori~ation`from the "D i~ .obta~ed r :t© pi~oyecE de~etp~rt~eht.- ~-lT€~t+a with Mitigation designa~on refers to uses that are allow~l, given there: "are no practical alternatives grid appropriate mitigation plans have been apprvued: The Prohlbl#ed designation refers to uses ha# are prohibited withcwt a variance. Exemptions to the riparian buffer rule . include-the footprint of existing uses that are p{es~ent-and ongoing., - The channel- of Bachelor Creep; as defined on :the Jasper, NC USES topogn~phic snapping is the basis for buffer length and area calculations: According to .this: source, the channel.. of Bachelor Creek within the project area is .430 feet (13fi meters) long.. Therefore,. there is approximately 1.11-acre (t).4 hectare) of riparian buffer within the project ar®a. Ofahis area, 0:6 acre _(0.2..hec#are)_,is .,w~thia done: _1, srtd 0_?~:._aEre_ (Q 2 _ hectare) _is within Zone 2 0# the :buffer _. area.- .The final" determination of the existence of I+Jeuse River buffer-end the issue ofi associated impacts-rests with DWQ. Durira : ro ect~.~nstruction, Grid. ~ e No. 212 ~U be oisred without- 9 P J B ~pP+n9 po-~tions of tl~e structure mto bachelor creek "Therefore, no terr~o~rary fill 'from. bridge derrtoii#on is expected to be~placed in waters of the United, Sates: if an off-sits dour ~rc~trss to b~ xnfeesiE~ie, a ~a~ be-s~tr~ to c:Qrrst~ct a iempor d~a#vur bridge, d~ditlg on results ;of a geoteciiosl_ gion ~# 'fie wetland subst~ate~~s consolidatien patert~iai. This vvouid be nece if i-ttpa-to t-q~sli~+ end rrlUrtt-qu~ty wetlands, due -to t~s .cost&tr~tion of a temper c~usec, are t1 to be intoli~fab~te ,.. ,_ and.. must be rrwntrnized. . 15 1 ~ ~ , ~ ~ , :.~ y 4.2 CAMA Areas of Environmental Concern The proposed project will occur in one (Craven) of the 20 -North Carolina coastal counties covered by the Coastal Area .Management Act (CAMA) (N.C.G.S. 113A-11.8). CAMA authorizes the N.C. Division of Coastal Management. (DCM) o manage development yin Areas of Environmental .Concern in the 20 counties: Estuarine waters, estuarine shorelines, coastal wetlands, and public trust areas are designated as AECs. Any activity involving construction, excavation, filling, or other land disturbance within an AEC is considered development and requires. authorization under LAMA. Because, the project area contains an ,open. water within a CAMA county, a DCM .representative will need #o verify the presence or absence of a Public Trust Water Area of Environmental Concern (AEC). 4.3 Permit Issues 4.3.1 Permits - The project-area may contain Public Trust Waters AECs. tf .replacement of the bridge avoids impacts to AECs, the DCM will review the permit application'for LAMA consistency. If an AEC is ;proposed to be impacted, a CAMA Major Permit or General- Permit for-bridge replacement {fi5A AICAC O7H.23Q0) maybe applicable: ' This project may be processed as a Categorical Exelualon (CE) under Federal .Highway Administration (fHV11A) guidelines. The USACE has made available ~[Vafionvwrtle Permit (NWP) Ne. 23 (67 FR 2020,.2082; January 15, 2002) for GEs des to ~ninimal impacts to waters of the U:.S: expected with bridge,construction. DWQ has made ava~able a<Genera1401 Water Quality Certification far NWP No. 23 (GC 3361). if ,temporary construction is .required that is no# described in the CE, ;a NWP Into. 33, for temporary cons#ruction, access, .and dews#ertn$ (fi7 FR 2U20, 2084; January 15, 2002},and associated DWQ General` Water Qus[ity Certification (GC 33fifi) cnay required. in the-event that-NWP No: 23 will not Suff. ice, impacts :attributed to bridge replacement and associated approach improvements may quat~y .under General Budge f}errnit (GPj 031._ issued by_the V16ilrnington USAC~_Distnot.; DWQ_has -made_rava~la~e-_a ~aer~t~l_4Q1----- _ _ ._- ..._ _._ __ Water Quality Certification for GP 031 (GP 33~~). No#ifieation ~t~ the l1~AGE W~lrr~ngton district office is required if this general permit is utilized:..' ° , The Neese Fri pr .Basin Ruls applies .to 50-~v~at (15.3-meter] wig: `riparian bu#fers ditectly adjacent to surface. arvaters~o#:the Neese River €3asin:.Neese t~u(#er Certification will be needed in addition to..a USACE permit-and t~V11Q W~a#;er Quality. Certifrcatdn: 4:x:2` M+tigatiQn The US~-CE has adopted through- ~e Courr~ri on ~ Enviror~merftal" Qua,t ;{GEQ) a ~vt3tlatt~! ~or~~,palicy-which .embraces tFie conceit o#'~o ± lass of ~etr" ~an~;se~iuericrrtg. 7`fie - p+~r~se:af thrs~policy is to, rector-e and marrrtaira the. cherrucal~, ~r~t, 'and ptaY intagrfty of Y6 'E waters of the United States, .and specifically wetlands. Mfigation 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 Section 1508.20). Each. of the three. major .aspects (avoidance, minimization, :and compensatory mitigation) .must be considered sequentially. :Avoidance entails an .examination of all appropriate and practicable possibilities of wetting impacts to waters of the United States. According to a 1.990 Memorandum of Agreement between the U.S. Environmental Protection Agency -and the USACE, 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. impacts to wetlands in the project area are expected to be temporary in nature, depending on-the ft~otprint of the final bridge. design.. Temporary impacts due to bridge construction--may be unavoidable during a replacement project. Minimization includes .the examination of appropriate and practicable steps to reduce adverse impacts to waters of the United. States. Implementation of these..steps will be required through project rnod~cations and permit conditions. N~nir~i~ation typi~tly f~us~s on ;decreasing the footp>nnt of tl9e ;presed pFO~ct throh tie n ~ -c~ ~ l sus a~nct~~r roadside shoulder widths: Len~t%ning of the brkfige to leese~t the of 'the approach. causeway is ,another method to minimize impacts .~ bridge `prctjeds. Ail ef#orts will be made to decrease impacts to surface waters. Compensatory mitigation is not normally .considered p~7 anticipated impacts to waters of the United States: have been avoided and minimized to the ut~ extent possible. It is recognized that "no net loss of wetlandsp functions erul values rrasy not be:achieved in :every: permi# action. In .accordance with 15A NCAC 2H .050~(h), [~NQ may require cxarr~p~ensafiory mitigation for projects. with greater than or aqua[. t© 'i.0 Bete (0~ #tectare) .ofi impacts ~to jurisdictional wetlands or greater thanror-equal to i50 lfiear feet (~ Iir;ear rn?aters);o€ total'. _..___- perennisi-stresnrimpacts;-_-ft~r~ermor~a;.in_aecordanc~wi#t`B'~'~F;--~(; X492-dar~raar~r~b,.....__... 2002, the USACf requires compensatory mitigation when na~essary, to ensure that, adverse effects tb he~aquatic environment ars minimal. The:,e stud type 01' proposed~projed.irttpact,. ,~ ~a species and removal of temporary fill material upon project completion. Fill or alteration of more than 150 linear feet (46 meters) of stream may require compensatory mitigation` in accordance with 15 NCAC 2H .0506(h). A final determination regarding mitigation rests with the USAGE and DWQ. The requirement for riparian buffer mitigation: will depend on the amount of potential impacts resulting from proposed bridge replacement and-the availability of practical.altematives. A final determination regarding practical alternatives rests with DWQ. If an on-site detour becomes .necessary; a bridge may be required for crossing project area wetlands, depending. on results of a geotechnical investigation of the wetland substrate's consolidation- potential. This would be necessary if impacts to high-quality arid. medium-quality wetlands in the project area, due to the construction.. of a temporary causeway, are determined to be intolerable -and must be minimized... The use of an on-site detour would be .further restricted by the presence of the railroad approximately 55 feet (17 meters) to the south. .Limited opportunities for mitigation exist within the project area. A culvert passes .under SR .1005 approximately 1200 feet (366 meters) east of.Bridge No. 212. Additional culverts to allow free-flow of Bachelor Creek. swamps under SR 1005- and the upstream railroad .bed =nay be beneficiaC: 4.4 Protected Species Species with .the federal classification of, Endangered (E), Threatened ('T), or officially Proposed (P) -for such listing are protected under the Endangered Species Act (FiSA) of 1973,- as amended {16 U.S.C. 1531 et seq.). The -term °Endangered Species" is defined as "and species which-is in danger of extinction 'throughout all or a:significant portion of its range," and fhe term "Threatened Species" is defined as "any species which is ikel~ to become an F-ndanger~d species within.:the foreseeable.: #uture throughout all or a significant: portion of .ltd range" (46 U.S.G: 1532): `A federally prvtecteci species listed for Craven .County (frebruary 11, 2003 FWS _._ _. _._.#st) is-preserrted-irr-Table 3: _ _ _..., ._ ._... .Table 3t Federaiily Protected Speciesfised for Craven County (Rebruary 11, X003 FWS lrst), Ct~nmon Narme ;~cl~nl~lic Name.: ` S#t,re' American allrga#or ~fiiliga~r nus~ippiensis ~ 7( A)' Bald eagle Hakaeefus /euocaicephaius T Leatherback ea turtle ` = Qerm cc~riacea E V1~est Indian manatee ~ ~'rChera~i~rtatus E Merl-eochad~d woodpecker PtCc~des b~rsatis ,. Sensitrve°;jointyetch*• ~sQhyr~one vir~inica ` T * 'ft-r.saterted date to Similanty~ of App~srance ~eser~,gtis~s ~n appear .~ tMae~r~ed ~ecies-that s~faielit personnel woWd have stiti`stsntra! dit~ci~ty ah d~fetie#raty. the:lid acrd ~rrrjsted speoles:: Ttae n~rlcan 1 ' ~, . ,, ,~ Alligator misslsipplensis (American alligator) Threatened due to $Iml arity of` Appearance Family: Alligatoridae Date Listed: March 11, 1967 Date. [delisted: June 04, 1987 American alligator is listed as threatened- based on the .similarity in appearanoe to other federally-listed crocodilians; however, there are- no other crocodilians within North Carolina. American alligators can be found in a variety of freshwater to estuarine aquatic habitats including swamp forests, marshes, large streams and canals,-and ponds and lakes. T SJA species -are not subject to Section T consultation and a biological conclusion is not required. ,However, this project .is not expected to affect the American alligator. Hallaeetus leucocepha/us (Bald eagle) Threatened Family: Accipitridae Date. Listed: March 1 t, 1.967 '1! he bald l~ is _a large ~ raptor w a ~&p~t greater #.>ttra ~ #~et .(21;3 try). aA~#t -batd eagles are dark btawn with a vvhlte `head -and -tail, lmmat~ure :eagles are bn'~wn with whitish mottling on the tail,:..4elly, .and wing finings. Saki .eagles typically. f®ed on fish but may also take birds and small mammals.:.ln the Carolinas, nesting season extends #rom December through. Iway (Potter=et al. 1980). Bald eagles ty~icady nest in t$i(, #ving, trees"m a conspicuous ktcation near open wa#er. Eagles forage over large bodies of vaster end ulilJze a~sceht trees fru perching (Ha#nel 1'992). Disturbance activities vaithin a priiry zone exter~irlg 750 to ,1500 feet (229 to 458' teeters) from a nest tree- are considered. to result in unacceptable. c:oraditicns for eagles (FVIJ~~; 1987), The FWS recommends avoiding disturbance activi#ies, including construction and tree-cu#ting within this primarjr zEU~te. Wl#hin a s~corry zone, emending from the primary one boundary out to a distance of 1;:0 nlfle (~ .B kilometers} -from a nest tree, construction and landrelearrng acbvTues should be restricted to the non-nesang. ,penod... ~fie_ , _ _ _ FWS also- recommends avoiding alteration of natural shcrelir vvher$ baiti e€rgles,,~orage, and avoiding sigr~ifJcant ~lar~d-cl~rirtg ao~ities vyithin 1 b00 feed {458 metersjo# >FCtown ro~tingsites. . ~~ -x Derrnochelys coriacea (Leatherback sea turtle) Endangered Family: Dermochelyidae Date Listed: June 02, 1970 The. leatherback turtle is distinguished by its large size (46- to 70-inch (120- to 180-cerrtlmeter] carapace,- 650 to 1,500 pounds. [295 to 682 kilograms]) -and ashen-of soft; leathery skin. This species. is primarily tropical in nature, but the range. may :extend to Nova Scotia and Newfoundland ..:(Palmer and Braswell 1995, Martof et al. 1980). -The leatherback is a powerful swimmer, often seen far from land; however, it sometimes moves into shallow bays, estuaries, and even river mouths. Its preferred food is jellyfish, althqugh the diet .includes other sea animals and seaweed. The leatherback generally nests on sandy, tropical beaches. BIOLOGICAL CONCLUSION: NO EFFECT Bachelor. Creek, in the project area,- is anon-tidal, freshwater stream. ,Therefore, no habitat for leatherback sea turtle exists in or near the project area. No leatherback sea turtles were observed during-the site visit, and NHP documents no leatherback sea turtle occurrences within 5.0 mites (8.0 kilometers.) of the project area. ! ~ `. ~ ." x Plco/des boresfls (Red-cockaded woodpecker) Endangered Family: Picidae Date Listed: October 13, 1970 This small woodpecker (7 to 8.5 inches [t 8 to 22 centimeters) long) has a. black head, prominent white cheek patches,- and ablack-and-white barred back.. Males often, have red markings (cockades) behind the eye, but the cockades may be absent or difficult to see (Potter et al. 1980). Primary habitat consists of mature to over-mature apothem pine fgrests dominated by loblolly,, long-leaf (Pious palustris), slash (P ellivttii), and pond (P sero~na) pines (Thompson and Baker 1971 j. Nest cavities are constructed in the heartwood of Going pines, .generally. older than 70 years,-that have-been infected with-red-heart disease: Nest cavity trees tend tq occur in clusters, which are referred fo as colonies (FW$~1985). -The woodpecker drills holes into the bark around the cavity entrance, resulting in a shiny, resinous buildup around the entrance-that allows for easy detection of active nest trees. Pine flatwoods or pine-dominated savannas which have been maintained by frequent. natural fires serve as ideal nesting and fgraging sites for this woodpecker. Develgpment of a thick understory may result in abandonment of cavity trees. ~iL4GtG;~L C~1sIGtt~SlGt~a~1: ~ `ffiF~4T A few mature loblolly pine trees exist within tfie project area and adjacent areas. However, the. . trees are widely spaced and occur in scattered k~catigns.~ rthe clustered arrangenuant of pine . trees preferred by file ,birds fqr nesting colonies i$ snotprovided in the= project .vicinity. In addition, der3ss shrub.. and und$rstory I~[yers occur under large areas of bottomland and tx~esic mixed faresL The use of scattered plods for fgra~ir~ sites wouki:de~pend =on the birds crossing large„tracts (greater #han 300 [91 meters] feet wide)of roadways,,,agricu!#ural fields, and. brushy wgods. Therefore, the project `area contains. no suitable.habits~t for red-cx~ckaded woodpecker nesting,roosting, of foraging. No occurrence of cgci-cockaded woodpecker is docurrrented by the NHP within S.O miles (8.0 kilometers) . of the` Project area. No red-cockaded. woodpeckers _ ....were obserrred drtriflg- he -sate visit.. ;- _ __ _ ~ '~ '' ~_ s :s y flowered racemes from July to October. The jointed .legume (loment) is about 2 inches (5 centimeters). tong, has 6 to 10 segments, and a 0.5 to 1.0 inch (1.3• to 2.5-centimeter) long stalk.. Sensitive jointvetch occurs in the intertidal-zone near the upper limit of .#idal fluctuation: It seems to- prefer sparsely-vegetated areas where annuals predominate (FV1lS 1995): Habitat for this species in: North Carolina consists of moist to wet coastal roadside ditches and moist'fietds that are nearly tidal (FWS 1994), esp+ecialty in full sun (Leonard 1985). Associated~prlaMs listed for this jointvetch in North. Carolina are all fresh water species: Sensitive jontvetch is not expected to be found in association with salt-tolerant species such as saltmarsh cordgrass or giant cordgrass (Rouse 1994). This species seems to favor microhabitats where-there is a reduction in competition from other plant species, and usually some form of soil disturbance (FWS 1995). BIOLOGICAL CONCLUSION: NO EFFECT The. project area is well upstream of any tidal influence. In addition, disturbed open areas with little herbaceous competition. are not- found within. the project area. Most shoreline and open areas are colonized by tearfhumb, marsh pennywort, and soft rush, as weW as -other grasses and rushes.. Therefore., suitable- habitat for sensitive jointvetch does not exist within the project area. The nearest NHP records for sensitive jointve#ch are approxirnatel~r a 5 rntles (13.7 I~~ers) sa~tfleast, near James City. Hernre~er, this sus has ~> tided in `~ra~ten ~oantjr in -over ~t3-years: Igo individuals of ser~i#itre rttvet~ wef® ~se~rved during tMe site ~risit: federal SpeEies of Concern -The February 11; 2003 FIt1f6 fist. also includes a .category of species designated as "Federal species of concern' (FSC). ~- species ~vi#ti this designation is one that rsay or may not be listed in the future (formerly: C2 candidate species or pe+eies under consideration for listing for which there is insufi#cient it~fo~ation to support lis#ic~g).. Ttie FCC designatron provides no federal protection under the ESA for the .species listed. f$C species listed forCrawen bounty are: presented in Table 4. - -A~#F-#ftQS fist-no- docu~er+tafiic~n-~flr- FSG species-vvithin-~5:ff' mites -(S:O icitometersj~of the p~aject Tabte 4: Federal Species of Concern listed for +Craven County {[r1NS list, February 11, 2~f3~j. Potential State Common Nam. a Scientific Name , Hafiitat Status** Bachrr~t~'s sparrow A-m~~Ua aesti~ralis " i~o SC Bieck rat! Later~us j~rraicensis ~ no SR Southern hognose snake Heterodon sim~s no - SC` Anointed sallow moth* Pyreferra carometica _ no SR Craatan crayfish Procambarus p/u-nimanus yes W3 Carolina asphodel* Tofie/dia glabra na W 1 Carolina spleenwort Asp/enium-lteteroresiliens no E Chapman's. sedge* Carex ~nii yes W1 Godfrey's andwort Ailinuartia gc~dhreyi no E .Loose wa#ermilfoil MyriophyNum !exam no T Pondspice Litsea aesfivalis no SR-T Savannah cowbane Oxypolis temata no 111!1 . Spring-flowering goldenrod &olidago Tema no SR-L Venus flytrap Dionaes muscipula no SR-L White wicky' Kalrpia ct~neet~s no SR-L Hietc~ric record - the epeces was last observed' in~it~a c~uunty mare hen 5t) ,yeats ,ago State ~tS&ts ~C = SCI Conce~, S€i~= ray Ftsos; T ~la~€j~trs~ut ':~arlge; SR-t Sigr~ificentiy Rare and.of-liin~ed rangy ~enderMc;or ngautc~o hlorBrQaia} Hitt=Watch List -rare, .but. relatively secure: M3 ~ Watch List - rer@, .but uncertain docunnentation E = Endangered; T =threatened; (Antc~roso 2002; LeGrand and Hail 2x01). . '~ ~~: ~3 •~ .' ~ ~ • 5.0 REFERENCES Amoroso, J.L. 2002. Natural. Heritage Program List of .the Rare Plant Species of -North Carolina: North Carolina. Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health and Natural Resources, Raleigh. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1.979. Classification of Wetlands. and Deepwater Habitats of the United States. FWS/OBS -79/31.. Fish and Wildlife Service, U.S. Department of the Interior, Washington, DC. 1.03: pp. . Daniels, R.B., S.W. Buol; H.J. Kleiss, and C.A, Ditzler. 1999.. Soil Systems in North Carolina. North Carolina State University Soil. Science Department: Raleigh, North: Carolina. 118 PPS Department of the Army (DOA). 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. US Army Engineer Waterways Experiment Station, Vicksburg, MS. 100 PP• Division of Water Quality (DWQ): 2002a. Neese River Basinwide Water. Quality -Plan. IUorth Garolirta Department of~ Environment and=~a~t~ural Resot~S, Rst~igtt. division - of Water Quality (DWQ). 2002b, Classificati©rts and Water Quality Standards Assigned to the Waters of .the Neese River. Basin. North Carolina Department of Environment and Natural Resources, Raleigh. Fsh and Wildlife .Service (f=1NS). 1985. Red-cockaded Wflodpectcer Recovery Plan. U.S. Department:of the Interior, Southeast Region, Atlanta, Georgia. 88 pp. Fish and Wilcllife.Service (FWS). 19'87. Habitat Management Guidelines for.the Bald Eagle in -the Southeast Region. U:S. Departrnent of the interior, Fish and Wildlife Service..8 pp. Fish and.Vllildli#~ $enrice (FWS): 1993. Vilest"ln~n Manatee. T'r~ct~ech~.s rrlanafr~s;[tir~naeus]. 1n: Endange'red `arid Threatened Species of the Southe steFn ;United States (tae Red Book) U.S. Department of the Interior, Fsh and Wildlife Service, Southeastern Reg+c~n, Atlanta; :GA: 6 PP• Fish and W~dlife Service {FWS). 1994: Sensitive. Joint-va~h Recovery Pin: Technical ~ Draft. September 1994; Frah ar~d Wil~lif_e Service (FWS~: 19.95. Endangered and Tf~rtened" Specie's of the Southeystem' l~nited States„ (The Red.'Bc~ok): Ser~s~we Jointvetch Sp~acies Account. t1.S. Dg~artment of the interior, FWS l~eg~t~rr 4. 24 Kartesz, J. 1-998. A Synonymized Checklist of the Vascular .Flora of the United States, Puerto Rico, and:the Virgin Islands. Biota of North America Prrogr~m.. LeGrand H.E. and-S.P. Hall. 2001. Natural. Heritage Prograrn Lls# of the- RareAnimal..:Species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources, Raleigh. Leonard, S. UN. 1985. Status report.. on Aeschvnornene virainica in North Carolina. Ur-pub4ished report to the Nature Conservancy, Boston, MA. 6+ pp. Martof, B.S., W:M. Palmer, J:R. Bailey, and J.R. Harrison ~i1. 980. Amphrbians and Reptiles of the Carolinas and Virginia. The: University of North Carolina- Press, Chapel Hi(I, -NC. 264 PP. Menhnick, E.F. 1.991. The. Freshwater Fishes of :Notch Carolina. North. Carolina Wildlife