20070339 Ver 1_Application_20070227

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MICHAEL F. EASLEY
GOVERNOR
U.S. Army Corps of Engineers
Regulatory Field Office
6508 Falls of Neuse Road
Suite 120
Raleigh, NC 27615
ATTENTION:
Dear Sir:
STATE OF NORTH CAROLINA
DEPARTN~NT OF TRANSPORTATIO
Mr. Andrew Williams
NCDOT Coordinator
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LYNDO TIPP~fT
SECRETARY
070339
Subject: Section 404 Nationwide Permit 23 and 33 Application for replacement of
Bridge No. 165 over Paw Paw Creek tributary on SR 1376 (Paw Paw Rd.) in
Rockingham County, Division 7. State Project No. 8.2511301, Federal Aid
Project No. BRZ-1376(1), TIP No. B-3900; WBS Element No. 33336.1.1.
References: NCDOT letter to USFWS, September 7, 2004.
USFWS letter to NCDOT, September 16, 2004.
Please see the enclosed Pre-Construction Notification (PCN), permit drawings, roadway design
plans, Programmatic Categorical Exclusion (PCE) and the Natural Resources Technical Report
(NRTR) for the subject project. The North Carolina Department of Transportation (NCDOT)
plans to replace the 36-foot length bridge with a double 11 foot x 9 foot x 59.5 foot reinforced
concrete box culvert (RCBC) using a diversion channel to maintain flow during construction.
The new RCBC will be constructed approximately 20 feet east of the existing alignment. Traffic
will be detoured offsite during construction. The roadway grade of the new structure will be
approximately nine feet above the existing roadway at this location. Roadwork for the shifted
alignment will begin approximately 300 feet to the south of the existing bridge and entl
approximately 320 feet north of the existing bridge. The existing roadway approaches will be
widened to provide a maximum 22 foot roadway width with two 11 foot lanes (the actual width
maybe three feet wider to accommodate vehicular movement). Four-foot (seven foot where
guardrail is required) grass shoulders will be provided on each side.
MAILING ADDRESS: LOCATION:
NC DEPARTMENT OF TRANSPORTATION TELEPHONE: [phone] S34 2728 CAPITAL BLVD.
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: [phone] SUITE 240
RALEIGH NC 27604
1598 MAIL SERVICE CENTER WEBSITE: yyWyy.NCDOT.ORG
RALEIGH NC 27699-1598
February 19, 2007

IMPACT TO WATERS OF THE UNITED STATES
General Description: The project is located in the Roanoke River basin (Sub-basin 03-02-02,
Hydrologic Unit 03010103). The jurisdictional resource in the project area is a perennial stream
that is an unnamed tributary (UT) to Paw Paw Creek. The Division of Water Quality stream
index number for Paw Paw Creek is 22-30-6(2). The channel of the UT to Paw Paw Creek is
approximately 8-10 feet wide and has an average depth of 3-4 feet. On the day of a site visit on
August 2, 2006, the average stream flow was slow and measured approximately 5-7 feet wide
and 4 inches to 1 foot deep. The substrate is composed of gravel, sand and silt. At this location,
the UT to Paw Paw Creek has a best usage classification of WS-IV.
No Outstanding Resource Waters (ORW), High Quality Waters (HQW), WS-I, or WS-II Waters
occur within 1.0 mile of the project study area. Paw Paw Creek is not listed on the 303(d) list for
North Carolina impaired waters (NCDENR-DWQ, 2004).
Permanent Impacts: There will be 91 feet of permanent surface water impacts associated with
this project. The permanent impacts are from construction of the new culvert (plus the wing-
walls) on an alignment 20 feet east of the existing alignment. Please see discussion of the
proposed culvert history in the Federally Protected Species section under James spinymussel. The
project will not impact wetlands.
Temporary Impacts: There will be 0.04 acres (122 feet) of surface water impacts due to
construction of a temporary diversion channel to maintain water flow during construction. No
temporary wetland impacts are associated with this project.
Bridge Demolition: The existing two span bridge was constructed in 1956 and is composed
entirely of a timber deck with asphalt wearing surface on timber girders. The substructure is
composed of timber caps and timber piles. The existing deck has a thickness of 1.7 feet and is
seven feet above the creek bed. The existing bridge is 36 feet long and 20 feet wide.
Bridge No. 165 will be removed without dropping components into Waters of the United States.
All guidelines for bridge demolition and removal will be followed in addition to Best
Management Practices for the Protection of Surface Waters. This project is classified as Case 3
in that there are no special restrictions other than those outlined in Best Management Practices
for the Protection of Surface Waters and Bridge Demolition and Removal.
Utility Impacts: No jurisdictional impacts will occur from the utility pole relocation. Energy
United EMC has an existing aerial single-phase line that crosses the bridge structure (left and
right of the L line). This line will be relocated near the right of way line (left of the L line) prior
to the date of availability. After the new line is put into service the existing line will be
dismantled and removed. There are no other utilities located within the project limits.
FEDERALLY PROTECTED SPECIES
Plants and animals with a federal classification of Endangered (E), Threatened (T), Proposed
Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and
Section 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife
Service (USFWS) lists 2federally-protected species, as of December 11, 2006 for Rockingham
2

County. The Endangered and Threatened species in North Carolina web-site was checked on
January 12, 2007 for any changes and the list remains the same. The species under federal
protection are listed in Table 1.
Table 1. Federally Protected S ecies for Rockin am Count
Common
Name Scientific Name Federal Status Habitat Present Biological
Conclusion
James Pleurobema Endangered Yes May Affect-
spinymussel collina Not likely to
adversely
affect
Smooth Echinacea Endangered Yes No Effect
Coneflower laevi ata
Pleurobema collina (James spinymussel)
Freshwater mussel surveys were conducted on March 27, 2003 by NCDOT biologists in areas
that possessed any suitable habitat. Survey limits were an estimated 1300 feet downstream to 330
feet upstream of the existing bridge. A total of 1.5 person-hours were spent during the survey.
No mussels of any kind were found. Given the survey results, it is probable that the James
spinymussel does not occur in the project footprint. However, because this stream is a tributary
of the Mayo River, in which the James spinymussel is known to occur (within a mile of the
confluence), the biological conclusion of May Affect, Not likely to Adversely Affect" is most
appropriate.
NCDOT requested concurrence for this project on October 29, 2003. A request from the USFWS
(November 25, 2003) was made that NCDOT investigate an alternative culvert design of an open
bottom culvert rather than the standard double barrel culvert. The NCDOT sent a letter to the
USFWS on September 7, 2004 requesting concurrence to construct a 8 foot x 6 foot double
barrel culvert after conducting the alternative analysis. The letter stated that the proposed 8 foot x
6 foot culvert would be constructed following all conservation methods and be buried as per
construction requirements to provide fish passage and have a sill placed in one of the barrels to
maintain normal flow conditions. Concurrence from the USFWS was requested for the proposed
culvert.
In a letter dated September 16, 2004 (enclosed) the USFWS concurred with the May Affect, Not
likely to Adversely Affect the James spiny mussel conclusion based on the proposed 8 foot x 6
foot culvert with a sill in one barrel.
The current permit drawings and roadway plans show an 11 foot x 9 foot double barrel culvert
with a sill. The rise in the roadway grade eliminated the potential for weir flow necessitating the
need for more conveyance (such as a larger culvert) through the transportation facility. The larger
culvert size is to keep from raising the water surface in a 100 year storm more than one foot
above the natural condition.
The USFWS was contacted by email (May 4, 2006) about the change in culvert size. Mr. Gary
Jordan (USFWS) responded in an email (May 8, 2006) that the previous concurrence is still valid
based on the new larger culvert size assuming that a sill is on one barrel.
3

Echinacea laevigata (Smooth coneflower)
Suitable habitat for the smooth coneflower is present within the road shoulders of the project
area. A plant by plant survey for smooth coneflower, within the road shoulders area, was
conducted on May 17, 2001, July 13, 2004 and August 2, 2006 by NCDOT biologists. No
smooth coneflower specimens were found during these surveys.
A review of the NC Natural Heritage Program database of rare species and unique habitats on
January 12, 2007 revealed that no known populations of smooth coneflower occur within 1.0
mile of the project study area. No impacts to the smooth coneflower are anticipated. Therefore,
the Biological Conclusion of No Effect remains valid from the NRTR document.
RESTORATION PLAN
Following construction of the bridge, all material used in the construction of the structure will be
removed. The impact area associated with the bridge is expected to recover naturally, since the
natural streambed and plant material will not be removed. NCDOT does not propose any
additional planting in this area. Class I riprap and filter fabric will be used for bank stabilization.
Pre-project elevations will be restored. NCDOT will restore stream to its pre-project contours.
Schedule: The project calls for a letting of July 17, 2007 with a date of availability of August 28,
2007. It is expected that contractor will choose to start construction in August 2007.
Removal and Disposal Plan: The contractor will be required to submit a reclamation plan for the
removal of and disposal of all material off-site at an upland location. The contractor will use
excavation equipment for removal of any earthen material. Heavy-duty trucks, dozers, cranes
and various other pieces of mechanical equipment necessary for construction of roadways and
bridges will be used on site. All material placed in the stream will be removed from the stream at
that time. The contractor will have the option of reusing any of the materials that the engineer
deems suitable in the construction of project. After the erosion control devices are no longer
needed, all temporary materials will become the property of the contractor.
AVOIDANCE, MINIMIZATION and MITIGATION
Avoidance and Minimization:
Avoidance examines all appropriate and practicable possibilities of averting impacts to "Waters
of the US". The NCDOT is committed to incorporating all reasonable and practicable design
features to avoid and minimize jurisdictional impacts and to minimize impacts as part of the
project design. Practical means to minimize impacts to surface waters temporarily impacted by
the project include:
Project Specific Measures-
• During construction a road closure is planned and traffic will be diverted to an off-site detour
• The culvert is to be constructed with a sill in one barrel and buried per construction
requirements to allow fish passage
• The existing bridge can be removed without any debris falling into the water.
4

Standard Measures-
• Best Management Practices will be followed for this project as outlined in "NCDOT's Best
Management Practices for Construction and Maintenance Activities"
Mitigation:
An acceptance letter dated February 13, 2007 from the Ecosystem Enhancement Program (EEP)
is attached. NCDOT has avoided and minimized impacts to jurisdictional resources to the
greatest extent possible as described above. Unavoidable, permanent impacts to 91 feet of
jurisdictional stream will be offset by compensatory mitigation provided by the EEP program.
The project will not impact wetlands.
REGULATORY APPROVALS
Section 404 Permit: It is anticipated that impacts from construction of the new culvert and
construction of a temporary diversion channel will be authorized under Section 404 Nationwide
Permit 23 and 33. We are therefore requesting the issuance of Nationwide Permits 23 and 33 for
the culvert construction and temporary diversion channel construction.
Section 401 Permit: We anticipate 401 General Certification number 3403 will be applicable to
this project. All general conditions of the Water Quality Certification will be met. Therefore, in
accordance with 15A NCAC 2H, Section .0500(a) and 15A NCAC 2B .0200 we are providing 2
copies of this application to the North Carolina Department of Environment and Natural
Resources, Division of Water Quality for their notification.
5

Thank you for your time and assistance with this project. A copy of this permit application will
be posted on the NCDOT website at http://www.ncdot.org/doh/preconstruct/pe/neu/permit.html.
Please contact Susan Thebert at [phone] or [e-mail] if you have any
questions or need any additional information.
Sincerely, -,
. _ ~~~
~`l'~ Gregory J. Thorpe, Ph.D
Environmental Management Director, PDEA
w/attachment
Mr. John Hennessy, NCDWQ (2 Copies)
Mr. Travis Wilson, NCWRC
Mr. Gary Jordan, USFWS
Dr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. J. M. Mills, P.E., Division 7 Engineer
Mr. Jerry Parker, Division 7 Environmental Officer
w/o attachment
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majid Alghandour, Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. John Williams, PDEA Project Planning Engineer
Mr. Scott McLendon, USACE, Wilmington
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Office Use Only: Form Version March OS
X 0 0 7 0 3 3 9
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: Nationwide 23 and 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. 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: [phone] Fax Number: [phone]
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:
E-mail Address:
Fax Number:
Page 1 of 9

r
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. 165 over Paw Paw Creek tributary on SR
1376 (Paw Paw Road)
2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3900
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Rockingham Nearest Town: Stoneville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): US 220 north ,exit on SR
1360~roceed west first right on SR 1376 proceed to bride No. 165.
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): °N
6. Property size (acres
7. Name of nearest receiving body of water: Paw Paw Creek
8. River Basin: Roanoke
(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/adinin/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: SR 1376 is gravel road in a rural setting. Land use is
forested in the study area.
attach a sheet that
°W
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10. Describe the overall project in detail, including the type of equipment to be used:
The bridge will be replaced by a 11 ft. x 9 ft. x 59.5 ft, double reinforced concrete box
culvert RCBC) using a diversion channel to maintain flow during construction. The new
RCBC will be constructed approximately 20 ft. east of the existing alignment. Traffic will be
detoured off-site during construction. The roadway grade of the new structure will be
approximately 9 ft. above the existing roadway. The alignment will be shifted beginning 300
ft. to the south and 320 ft. to the north of the existing bridge. The roadway approaches will be
widened to a maximum of 22 ft. and 4 ft. (7 ft. with Quardrail) grass shoulders are proposed.
11. Explain the purpose of the proposed work: The existing bridge is functionally obsolete.
Bridge replacement with a culvert will result in safer traffic operations.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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)
Page 3 of 9

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: Permanent surface water
impacts of 91 ft. due to culvert construction. Temporary surface water impacts of (122 ft )
0.04 acres are due to construction of the temporary diversion channel.
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.
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within

100-year
Floodplain
(yes/no) Distance to

Nearest
Stream
(linear feet Area of

Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
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
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
culvert UT to Paw Paw Cr. culvert placement perennial 10-20 ft. 91 0.03
diversion channel UT to Paw Paw Cr. temp div. channel perennial 10-20 ft. 122 0.04

Total Stream Impact (by length and acreage) 213 0.07
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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 excavatinn_ dred~ing_ flooding. drainase. bulkheads, etc.
----, ----
Open Water Impact
Site Number
(indicate on ma) _ . ------, --- - - o--o, -
Name of Waterbody
(if applicable)

Type of Impact
Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.)
Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative im act to all Waters of the U.S. resulting from the project:
Stream Im act (acres): 0.07
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0.07
Total Stream Impact (linear feet): 213
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
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.
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
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
Page 5 of 9

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.Culvert to be constructed with
one sill to maintain normal flow. Culvert to be buried per construction requirements to allow for
fish passage. Road closure and an off-site detoured are proposed. The existing bridge can be
removed without any debris falling in the water.
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.
USACE - 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.
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/ncwetl ands/stnn gide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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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
[phone] 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): 91
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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 [phone] to review current thresholds for environmental documentation.
Yes ® No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ® No ^
X. Proposed Impacts on Riparian and Watershed Buffers (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
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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.
* Impact Required
Zone i~~.:~_o F o,~ Multiplier
1 3 (2 for Catawba)
2 1.5
Total
* 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.
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.
XI. 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.
XII. 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.
N/A
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 an after-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
Page 8 of 9

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
htt~•//h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
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).
r {~ /
~•~
App cant/ gent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

o stem
~. ~ a ~e.
PROGRAM
February 13, 2007
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
R~~
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\~'~ENTI
B-3900, Replace Bridge Number 165 over Paw Paw Creek on SR
1376 (Paw Paw Road), Rockingham County
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory stream mitigation for the subject project.
Based on the information supplied by you in a letter dated February 8, 2007, the impacts
are located in CU 03010103 of the Roanoke River Basin in the Central Piedmont (CP)
Eco-Region, and are as follows:
Stream: 91 feet
During the review of this request, it was noted that the 2006 Impact Projection
Database listed no wetland or stream impacts for this project; however, EEP will provide
the requested stream mitigation. If additional stream mitigation in this cataloging unit is
required due to this previously unreported mitigation need, EEP will include it in the
2007-2008 biennial budget. EEP commits to implementing sufficient compensatory
wetland mitigation to offset the impacts associated with this project by the end of the
MOA Year in which this project is permitted, in accordance with Section X of the
Memorandum of Agreement between the North Carolina Department of Environment and
Natural Resources, the North Carolina Department of Transportation, and the U. S. Army
Corps of Engineers, signed on July 22, 2003. If the above referenced impact amounts are
revised, then this mitigation acceptance letter will no longer be valid and a new
mitigation acceptance letter will be required from EEP.
t~~~t7(''i~'/t,~... .~t~%,~~~:~/~~., ~f''U~~:; :.~~'c,~ -~,lfifi.`~ ~`G~,?- NCDENR
~,
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, Nf 27699-1652 / 919-115-0476 / www.nceep.net

If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
William D. Gilmore, P.E.
EEP Director
cc: Mr. Andy Williams, USACE -Raleigh
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-3900

._o ~~~~
....~.~, . a , ~ _ ~1 __ -~ .,
PROGRAM
February 13, 2007
Mr. Andy Williams
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Dear Mr. Williams:
Subject: EEP Mitigation Acceptance Letter:
B-3900, Replace Bridge Number 165 over Paw Paw Creek on SR 1376
(Paw Paw Road), Rockingham County; Roanoke River Basin
(Cataloging Unit 03010103); Central Piedmont (CP) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide the compensatory stream mitigation for the unavoidable impact associated
with the above referenced project. As indicated in the NCDOT's mitigation request letter dated
February 8, 2007, compensatory stream mitigation from EEP is required for approximately 91
feet of stream impacts.
Compensatory stream mitigation associated with this project will be provided in
accordance with Section X of the Memorandum of Agreement between the N. C. Department of
Environment and Natural Resources, the N. C. Department of Transportation, and the U. S. Army
Corps of Engineers signed on July 22, 2003 (Tri-Party MOA). EEP commits to implement
sufficient compensatory stream mitigation up to 182 stream credits to offset the impacts
associated with this project by the end of the MOA year in which this project is permitted. If the
above referenced impact amounts are revised, then this mitigation acceptance letter will no longer
be valid and a new mitigation acceptance letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
.~ ~~ ~
William D. Gilmore, P.E.
EEP Director
cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-3900
Nnrth farnlina Frncvctom Fnhanramant Frnaram 1/.S7 M~~I Co.~,~~a fe.,r~. R,h~rt1, Alf'17~~0 li,Cl / 010 71[ nAi[ / ....._.....__.. _..

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
September 7, 2004
Mr. Gary Jordan
US Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636
Dear Mr. Jordan:
LYNDO TIPPETT
SECRETARY
The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge
No. 165 on SR 1376 over an unnamed tributary to Pawpaw Creek which flows to the
Mayo River in Rockingham County; (TIP No. B-3900). Attached, please find a
memorandum dated May 7, 2003, discussing the biological conclusion for the federally
endangered James spinymussel (Pleurobema collina). The biological conclusion of "May
Affect -Not Likely to Adversely Affect" is considered appropriate for this species at this
location.
A request was made that NCDOT pursue the alternative analysis of an open bottom
culvert rather than the standard double barrel culvert. Cost examination indicates that the
standard culvert is approximately half of the bottomless and has afifty- percent longer
life span. In addition, the length of time required for construction will be lessened by a
third with the standard double barrel culvert.
This 8 foot X 6 foot double barrel culvert will be constructed following all conservation
methods, will be buried as per construction requirements to provide fish passage, and
have a sill placed in one of the barrels to maintain normal flow conditions. Concurrence
of the US Fish and Wildlife Service is requested for this conclusion.
If additional information is required to respond to this request, please contact Steve
Mitchell at 715-1549. Thank you for your assistance.
Sincerely,
,~ ~---~
~t Gregory .Thorpe, Ph.D.
`~' Environmental Management Director
Project Development and Environmental
Analysis Branch
Attachment
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1548

RECEIVED
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 2763fr3726
September 16, 2004
Gregory J. Thorpe, Ph.D.
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Dr. Thorpe:
SEP 17 2~4
DA-ISION OF HIGHWAYS
PDEA-0FFICE OF NANRAI ENVIRONMBV'f
This letter is in response to your letter of September 7, 2004 which provided the U.S. Fish and Wildlife
Service (Service) with the biological conclusion of the North Carolina Department of Transportation
(NCDOT) that the replacement of Bridge No. 165 on SR 1376 over an unnamed tributary to Paw Paw
Creek, Rockingham County (TIP No. B-3900) may affect, but is not likely to adversely affect the
federally endangered James spinymussel (Pleurobema collina). These comments are provided in
accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-
1543).
NCDOT previously requested concurrence for this project with a letter dated October 29, 2003. The
Service responded with a letter dated November 25, 2003 which stated our intention to defer our
concurrence decision until after NCDOT investigated an alternative culvert design which may reduce the
likelihood of potential effects to the James spinymussel. Subsequently, Mr. Steve Mitchell (NCDOT) and
Mr. Gary Jordan (Service biologist) discussed the results of that investigation during a telephone
conversation on September 7, 2004. Your current letter summarizes that discussion.
Based on previously submitted mussel survey results and other information provided, the Service concurs
with your determination that the proposed project may affect, but is not likely to adversely affect the
James spinymussel. We believe that the requirements of section 7(a)(2) of the ESA have been satisfied.
We remind you that obligations under section 7 consultation must be reconsidered if: (1) new information
reveals impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered in this review; (2) this action is subsequently modified in a manner that was not
considered in this review; or (3) a new species is listed or critical habitat determined that may be affected
by this identified action.
The Service appreciates the opportunity to review this project. If you have any questions regarding our
response, please contact Mr. Gary Jordan at [phone] (Ext. 32).
Sincerely,
John Hammond
Acting Ecological Services Supervisor
cc: John Thomas, USACE, Raleigh, NC
Beth Barnes, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC

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DIVISION OF HIGHWAYS
ROCgINGHAM COUNTY
PROJECT: 33336.1.1 (B-3900)
REPLACE BRG~165 OVER TRIB.
TO PAW PAW CREEg ON SR 1376
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PARCEL NO.
NAMES AND ADDRESSES
NAMES
ADDRESSES
3
2
ARTHUR W. COBB
RAY TWETEN
901 PAW PAW RD.
STONEVILLE, N.C. 27048
1311 GRENOBLE COURT
FREEHOLD, N.J. 07728
~~~®~
DIVISION OF HIGHWAYS
ROCgINGHAM COUNTY
PROJECT:33336.1.1 (B-3900)
REPLACE BRG~165 OVER TRIB.
TO PAW PAW CREEg ON SR 1376
L ~ SHEET 4 OF -~- ~

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CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
TIP Project No.
State Project No.
W.B.S. No.
Federal Project No
F~ ~ `'~u<
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F~E4•GFF~L~ yr i~ir" 4'~~;i ~Pi~3~G'Y~'t1+lT
A.
B.
C
Project Description:
B-3900
8.2511301
33336.1.1
BRZ-1376(1)
The purpose of this project is to replace Rockingham County Bridge No. 165 over
an unnamed creek. The replacement structure will consist of atwo-barrel (each
barrel 8x6 feet) reinforced concrete box culvert on an alignment shifted
approximately 20 feet east of the existing alignment. Traffic will be detoured
offsite during construction.
The roadway grade of the new structure will be approximately 9 feet above the
existing roadway at this location. Roadwork for the shifted alignment will begin
approximately 300 feet to the south of the existing bridge and approximately 320
feet north of the existing bridge. The existing roadway approaches will be
widened to provide a minimum 22-foot pavement width with two 11-foot lanes
(the actual width may be 3 feet wider to accommodate vehicular movement.)
Six-foot (nine-foot where guardrail is required) grass shoulders will be provided
on each side.
Purpose and Need:
Bridge Maintenance Unit records indicate the bridge has a sufficiency rating of
40.3 out of a possible 100 for a new structure. The bridge is considered
functionally obsolete with deck geometry rating of 3 out of 9 according to Federal
Highway Administration (FHWA) guidelines. The bridge is therefore eligible for
FHWA's Highway Bridge Replacement and Rehabilitation Program.
Bridge No. 165, built in 1956, is nearing the end of its useful life. The narrow
bridge deck (20 feet wide) aging timber bridge components, increasing
maintenance costs and a structure not designed to carry modern traffic loads
(posted 11 tons for single vehicles, 19 ton for truck-tractor semi-trailers) are the
reasons driving the need for replacement.
Proposed Improvements:
Circle one or more of the following Type II improvements which apply to the project:
Modernization of a highway by resurfacing, restoration, rehabilitation,
reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking,
weaving, turning, climbing).

r~
a street with adequate capacity to handle anticipated bus and support
vehicle traffic.
9. Rehabilitation or reconstruction of existing rail and bus buildings and
ancillary facilities where only minor amounts of additional land are
required and there is not a substantial increase in the number of users.
10. Construction of bus transfer facilities (an open azea consisting of
passenger shelters, boazding azeas, kiosks and related street
improvements) when located in a commercial azea or other high activity
center in which there is adequate street capacity for projected bus traffic.
11. Construction of rail storage and maintenance facilities in azeas used
predominantly for industnal or transportation purposes where such
construction is not inconsistent with existing zoning and where there is no
significant noise impact on the surrounding community.
12. Acquisition of land for hazdship or protective purposes, advance land
acquisition loans under section 3(b) of the UMT Act. Hardship and
protective buying will be permitted only for a particular parcel or a limited
number of 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. Special Project Information•
Estimated Costs:
Total Construction $ 475,000
Right of Way $ 37,000
Total $ 512,000
Estimated Traffic:
Current - 100
Yeaz 2025 - 200
TTST - 1%
Dual - 2%
Accidents: No accidents were recorded in a check of a recent three-yeaz period.
Design Speed & Design Exception: This roadway will be designed as a rural local route
with lane, shoulder and guazdrail meeting the criteria fora 60-mile per hour design speed.
The horizontal curvature meets a 30-mile per hour design speed and the vertical curvature
meets a 30-mile per hour design speed. Although the horizontal and vertical alignment
will be improved with the proposed design, a design exception will still be required. To

a street with adequate capacity to handle anticipated bus and support
vehicle traffic.
9. Rehabilitation or reconstruction of existing rail and bus buildings and
ancillary facilities where only minor amounts of additional land are
required and there is not a substantial increase in the number of users.
10. Construction of bus transfer facilities (an open area consisting of
passenger shelters, boarding areas, kiosks and related street
improvements) when located in a commercial area or other high activity
center in which there is adequate street capacity for projected bus traffic.
11. Construction of rail storage and maintenance facilities in areas used
predominantly for industrial or transportation purposes where such
construction is not inconsistent with existing zoning and where there is no
significant noise impact on the surrounding community.
12. Acquisition of land for hardship or protective purposes, advance land
acquisition loans under section 3(b) of the UMT Act. Hardship and
protective buying will be permitted only for a particular parcel or a limited
number of parcels. These types of land acquisition qualify for a CE only
where the acquisition will not limit the evaluation of alternatives,
including shifts in alignment for planned construction projects, which may
be required in the NEPA process. No project development on such land
may proceed until the NEPA process has been completed.
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. Special Project Information:
Estimated Costs:
Total Construction $ 475,000
Right of Way $ 37,000
Total $ 512,000
Estimated Traffic:
Current - 100
Year 2025 - 200
TTST - 1%
Dual - 2%
Accidents: No accidents were recorded in a check of a recent three-year period.
Design Speed & Design Exception: This roadway will be designed as a rural local route
with lane, shoulder and guardrail meeting the criteria fora 60-mile per hour design speed.
The horizontal curvature meets a 30-mile per hour design speed and the vertical curvature
meets a 30-mile per hour design speed. Although the horizontal and vertical alignment
will be improved with the proposed design, a design exception will still be required. To

r
improve beyond the proposed becomes impractical considering topographic and
environmental constraints and keeping cost in mind.
Functional Classification: Rural Local Route
School Busses: There are no school busses currently using this road.
Division Office Comments: The Division concurs with the proposed alternate.
Bridge Demolition: Bridge 165 is composed entirely timber. Timber can typically be
removed without any resulting debris falling into the water.
Studied Offsite Detour: There is an acceptable offsite detour present. The majority of
traffic near the bridge is local traffic. Traveling from the north end of SR 1376 back to
the intersection with SR 1360 takes a similar amount of time no matter which direction is
traveled. According to NCDOT Guidelines for Evaluation of Offsite Detours For Bride
Replacement Projects a project with a 9-month duration of road closure and an additional
travel time of less than 5 minutes is considered an acceptable delay in consideration that
there are no mitigating circumstances. Rockingham County Emergency Services and the
School Bus Transportation Director for Rockingham County have indicated that an
offsite detour is acceptable.
Floodplain Elevations: The design of the culvert is such that any impact on floodplain
elevations will be minor.
4

,', ,
E. Threshold Criteria
The following evaluation of threshold criteria must be completed for Type II actions
ECOLOGICAL YES NO
(1) Will the project have a substantial impact on any
unique or important natural resource? X

(2) Does the project involve habitat where federally
listed endangered or threatened species may occur? X

(3) Will the project affect anadromous fish?
X

(4) If the project involves wetlands, is the amount of
permanent and/or temporary wetland taking less than
one-tenth (1/10) of an acre and have all practicable measures
to avoid and minimize wetland takings been evaluated? X
(5) Will the project require the use of U. S. Forest Service lands? ^
X

(6) Will the quality of adjacent water resources be adversely
impacted by proposed construction activities? X
(7) Does the project involve waters classified as Outstanding Water
Resources (OWR) and/or High Quality Waters (HQW)? X
(8) Will the project require fill in waters of the United States
in any of the designated mountain trout counties? X
(9) Does the project involve any known underground storage
tanks (UST's) or hazardous materials sites? X
PERMITS AND COORDINATION YES NO
(10) If the project is located within a CAMA county, will the
project significantly affect the coastal zone and/or any ^
"Area of Environmental Concern" (AEC)? X
(11) Does the project involve Coastal Barrier Resources Act ^
resources? X
(12) Will a U. S. Coast Guard permit be required? ^
X

(13) Will the project result in the modification of any existing ^
regulatory floodway? X
(14) Will the project require any stream relocations or channel
changes? X
s

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/properties
eligible for or listed on the National Register of Historic Places? X
(29) Will the project affect any archaeological remains which are
important to history or pre-history? X
6

(30) Will the project require the use of Section 4(f) resources
(public pazks, recreation lands, wildlife and waterfowl refuges,
historic sites, or historic bridges, as defined in Section 4(f)
of the U. S. Department of Transportation Act of 1966)? X
(31) Will the project result in any conversion of assisted public
recreation sites or facilities to non-recreation uses, as defined
by Section 6(f) of the Land and Water Conservation Act
of 1965, as amended? X
(32) Will the project involve construction in, across, or adjacent
to a river designated as a component of or proposed for
inclusion in the National System of Wild and Scenic Rivers? X
F. Additional Documentation Required for Unfavorable Responses in Part E
Response to Question 2: Habitat exists for the James spiny mussel although no
freshwater mussels were found in a survey. Although the coordination has not
been completed yet, a finding of "May affect, not likely to adversely affect" is
very likely. There will be no special commitments associated with this issue
other than a commitment to follow through with concurrence which will be
verified in a construction consultation.
Response to Question 25: Bridge No. 165 is located in a tight curve. As
proposed, the replacement would yield a slight shift allowing for better
skew of the structure and improved curvature while still being considered
essentially the same alignment. It falls within the accepted use of a
Programmatic Categorical Exclusion.

t
G. CE Approval
TIP Project No.
State Project No.
W.B.S. No.
Federal Project No.
B-3900
8.2511301
33336.1.1
BRZ-1376(1)
Proiect Description:
The purpose of this project is to replace Rockingham County Bridge No. 165 over
an unnamed creek. The replacement structure will consist of atwo-barrel (each
barrel 8x6 feet) reinforced concrete box culvert on an alignment shifted
approximately 20 feet east of the existing alignment. Traffic will be detoured
offsite during construction
The roadway grade of the new structure will be approximately 9 feet above the
existing roadway at this location. Roadwork for the shifted alignment will begin
approximately 260 feet to the south of the existing bridge and approximately 470
feet north of the existing bridge. The existing roadway approaches will be
widened to provide a minimum 22-foot pavement width with two 11-foot lanes
(the actual width may be 2.5 feet wider to accommodate vehiculaz movement.)
Six-foot (nine-foot where guardrail is required) grass shoulders will be provided
on each side.
Cateeorical Exclusion Action Classification• (Check one)
TYPE II(A)
X TYPE II(B)
Approved:
3- -D
Date Assistant Man
~l-~/
Date roiect
Analysis Branch
& Environmental Analysis Branch
3-D ~'~
Date
Project Development & Environmental Analysis Branch
For Type II(B) proje^cts only:
~ _~

Date ~a John F. Sullivan, III, P.E., Divisi~
Federal Highway Administration

PROJECT COMMITMENTS:
Rockingham County
Bridge No. 165 on SR 1376
Over Tributary to Paw Paw Creek
Federal-Aid Project No. BRZ-1376(1)
State Project No. 8.2511301
W.B.S. No. 33336.1.1
T.I.P. No. B-3900
NCDOT will obtain concurrence from USFWS and report on this in the construction
consultation.
Programmatic Categorical Exclusion
Green Sheet
April 2005
Page1ofl

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NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
,~,~.
•
r PROJECT DEVELOPMENT &
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,yfi' ENVIRONMENTAL ANALYSIS BRANCH

ROCKINGHAM COUNTY
REPLACE BRIDGE 165 ON SR 1376
OVER TRIBUTARY TO PAW PAW CREEK
B-3900
Figure 1
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North Carolina Department of Cultural Resources
James B. Hunt, Jr., Governor
Betty Ray McCain, Secretary
January 3, 2000
MEMORANDUM
To: William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
From: David Brook ~` , i ~~,v~~~l._i
Deputy State Histo ~ Preservation Officer
Re: Replacement of Bridge No. 165 on SR 1376 over Creek,
TIP No. B-3900, Rockingham County, ER 01-7944

Division of Archives and History
William S. Price, Jr., Director
On November 28, 2000, April Montgomery of our staff met with North Carolina Department of
Transportation (NCDOT) staff for a meeting of the minds concerning the above project. She reported
our available information on historic architectural and archaeological surveys and resources along with our
recommendations. NCDOT provided project area photographs and aerial photographs at the meeting.
Based upon our review of the photographs and the information discussed at the meeting, we offer our
preliminary comments regarding this project.
In terms of historic architectural resources we are aware of no historic structures located within the area
of potential effect. We recommend that no historic architectural survey be conducted for this project.
There are no known archaeological sites within the proposed project area. Based on our present
knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion
in the National Register of Historic Places, will be affected by the project construction. We, therefore,
recommend that no archaeological investigation be conducted in connection with this project.
Having provided this information, we look forward to the receipt of either a Categorical Exclusion or
Environmental Assessment, which indicates how NCDOT addressed our comments.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act 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 any questions concerning the above
comment, contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919 733-4763.
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
December 5, 2001
MEMORANDUM TO: Joel Johnson
Project Planning Engineer
FROM: Lynn Smith, Natural Systems Specialist
Natural Systems Unit
LYNDO TIPPETT
SECRETARY
SUBJECT: Replacement of Bridge No. 165 over Paw Paw Creek Tributary in
Rockingham County. Federal Aid Project No. BRZ-1376(1), State
Project No. 8.2511301, TIP No. B-3900.
This report is submitted to assist in the preparation of a Programmatic Categorical
Exclusion (PCE) for the subject project. Water resources, biotic resources and jurisdictional
issues such as wetlands and federally protected species are included in this report.
This project is located in northern Rockingham County (Figure 1). The proposed project
consists of replacing Bridge No. 165 on SR 1376 over a tributary to Paw Paw Creek with a
double barrel 8-foot by 6-foot reinforced concrete box culvert at approximately the same location
and roadway elevation as the existing bridge. Minor roadway alignment changes may be
necessary as shown on Figure 2. Traffic will be maintained off-site on existing roads. The
existing right-of--way (R/W) is from ditch line to ditch line, and the proposed is 80.0 ft (24.4 m).
The existing cross-section is a two-lane bridge with a 19.0 ft (5.8 m) wide deck, 15.0 ft (4.6 m)
gravel approach roadway with grass shoulders. The proposed cross-section is a box culvert with
22.0 ft (6.7 m) travelway and 3 ft (0.9 m) gravel offsets on each side. The project length is
approximately 750.0 ft (228.6 m).
Environmental Commitments
Paw Paw Creek tributary is the only surface water present within the project area and
flows into the Mayo River approximately 1.5 mi (2.4 km) downstream of the project area. The
federally protected species, the James spinymussel does occupy the Mayo River. At this time,
there are no site specific environmental commitments. However, it is anticipated that the US
Fish and Wildlife Service (USFWS) and the NC Wildlife Resources Commission (NCWRC) will

be involved in future project discussions. The NCDOT should use appropriate sediment and
erosion control measures to prevent non-point source pollution. All standard guidelines and
recommendations apply at this time.
Purpose
The purpose of this technical report is to inventory, catalog and describe the various
natural resources likely to be impacted by the proposed action. This report also attempts to
identify and estimate the probable consequences of the anticipated impacts to these resources.
Recommendations are made for measures which will minimize resource impacts. These
descriptions and estimates are relevant only in the context of existing preliminary design
concepts. If design parameters and criteria change, additional field investigations will need
to be conducted.
Methodology
Research was conducted prior to field investigations. Information sources used in this
pre-field investigation of the study area include: U.S. Geological Survey (USGS) quadrangle
map for Rockingham County (Price, NC, 1964), Geographical Information Systems (NC Center
for Geographical Information & Analysis), USFWS, Natural Resources Conservation Service
(MRCS, formerly the Soil Conservation Service) soil maps and NCDOT aerial photographs of
project azea (1:1200). Water resource information was obtained from publications of the
Department of Environment and Natural Resources, DENR Internet Page 2001 and from the NC
Center for Geographic Information and Analysis (Environmental Sensitivity Base Map of
Rockingham County, 1995). Information concerning the occurrence of federal and state
protected species in the study area was gathered from the USFWS list of protected species
(February 26, 2001) and species of concern, and the NC Natural Heritage Program (NCNHP)
database of rare species and unique habitats.
General field surveys were conducted along the proposed alignment by NCDOT
biologists Lynn Smith and Karen M. Lynch on 17 May 2001. Plant communities and their
associated wildlife were identified and recorded. Wildlife identification involved using one or
more of the following observation techniques: active searching and capture, visual observations
(binoculazs), and identifying chazacteristic signs of wildlife (sounds, scat, tracks and burrows).
Jurisdictional wetland determinations were performed utilizing delineation criteria prescribed in
the "Corps of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987).
Jurisdictional surface water determinations were performed using guidance provided by NC
Division of Water Quality (DWQ),"Field Location of Streams, Ditches, and Ponding"
(NCDENR-DWQ, 1997).
Definitions
Definitions for aerial descriptions used in this report are as follows: Project Study Area
denotes the area bounded by proposed construction limits; Project Vicinity describes an area
extending 0.5 mi (0.8 km) on all sides of the project study azea; and Project Region is equivalent
to an area represented by a 7.5 minute USGS quadrangle map with the project occupying the
central position.
-2-

PHYSICAL RESOURCES
Soil and water resources, which occur in the study area, are discussed below. Soils and
availability of water directly influence composition and distribution of flora and fauna in any
biotic community.
The project study area ties within the Piedmont physiographic region in the north-central
part of North Carolina. The topography in this section of Rockingham County is gently rolling.
The study area is comprised mostly of forested area with few residential homes. Project
elevation is approximately 740.0 ft (225.6 m) above mean sea level (msl).
Soils
There are two soil map units, associated with the Madison Series, occurring within the
project boundaries. Table 1 lists physical descriptions of the individual soils.
Table 1. Soils within the Project Study Area
Soil ype' Slope ~iydric
Classification Hazard Description

MaE, Madison
15-35%
Non-hydric _
Erosion,
This is swell-drained soil on narrow side slopes.
sandy loam Runoff Surface runoff is rapid. Permeability and available
water capacity are moderate.
MaD, Madison 8-15% Non-hydric Erosion, This soil is found on convex side slopes and narrow
sandy loam Runoff ridges and has the same characteristics as MaE.
Water Resources
This section contains information concerning those water resources, if present, likely to
be impacted by the project. Water resource information encompasses physical aspects of the
resource, its relationship to major water systems, Best Usage Standards and water quality of the
resources. Probable impacts to these water bodies are also discussed, as aze means to minimize
impacts.
_ One stream, an unnamed tributary (Ut) to Paw Paw Creek, will be directly impacted by
the proposed project (Figure 2). This tributary to Paw Paw Creek is located in sub-basin 03-02-
02 of the Roanoke River Basin and flows into the Mayo River approximately 1.5 mi (2.4 km)
downstream of the project azea.
Within the project vicinity, the channel of this tributary is approximately 20.0 ft (6.1 m)
wide and has an average depth of 5.0 ft (1.5 m). On the day of the site visit, the streamflow was
swift and measured approximately 6.0 ft (1.8 m) wide and 3.0 ft (0.9 m) deep. The substrate is
composed of bedrock, cobble, sand and silt.
Streams are assigned a best usage classification by the DWQ. The classification of Paw
Paw Creek [Index no. 22-30-6-(2)] is WS-IV. Unnamed tributaries receive the same best usage
classification as the named streams into which they flow. Therefore, the classification of Paw
Paw Creek tributary at Bridge No. 165 is WS-IV. "WS-IV" classification denotes waters used
as sources of water supply for drinking, culinary, or food processing purposes for those users
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Department of Transportation
Division of Highvv~ays
Project Development &
Environmental Analysis Branch
a
ROCkIOg~latll COUnry
Replace Bridge No. 165 on SR 1376
Over Creek
B-3900
SCALE: l is = 1 mi Figure 1

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where a WS-I, II or III classification is not feasible. WS-IV waters are generally in moderately
to highly developed watersheds or protected areas. Point source dischargers of treated
wastewater are permitted pursuant to rules .0104 and .0211 of 15A NCAC 2B .0100; local
programs to control nonpoint source and stormwater discharge of pollution are required; suitable
for all Class C uses. The "C" classification denotes freshwaters suitable for aquatic life
propagation and survival, fishing, wildlife, secondary recreation and agriculture.
A Protected Water Supply Watershed lies approximately 0.4 mi (0.6 km) (stream channel
distance) downstream of Bridge No. 165. Protected areas are only located within WS-IV
watersheds. A protected area is defined as land within five miles and draining to the normal pool
elevation of water supplies, or within ten miles upstream and draining to a river intake. Neither
High Quality Waters (HQW), Water Supplies (WS-I: undeveloped watersheds or WS-II:
predominately undeveloped watersheds) nor Outstanding Resource Waters (ORW) occur
within 1.0 mile (1.6 km) of project study area.
The DWQ has initiated a whole basin approach to water quality management for the 17'
river basins within the state. The basinwide approach allows for more intensive sampling of
biological, chemical and physical data that can be used in basinwide assessment and planning.
Benthic macroinvertebrates are intensively sampled for specific river basins. Benthic
macroinvertebrates have proven to be a good indicator of water quality because they are sensitive
to subtle changes in water quality, have a relatively long life cycle, are nonmobile (compared to
fish) and are extremely diverse. The overall species richness and presence of indicator organisms
help to assess the health of streams and rivers. All basins are reassessed every five years to
detect changes in water quality and to facilitate National Pollution Discharge Elimination System
(NPDES) permit review. There are not any biological sampling sites located within 1.0 mi
(1.6 km) of Bridge No. 165.
One Basin Fish Community Assessment Site is located within 2.0 mi (3.2 km) of Bridge
No. 165. This site (F-1) is located at the intersection of Paw Paw Creek and SR 1360. Fish
tissue samples were last collected August 3, 1990 and received a North Carolina Index of Biotic
Integrity (NCIBI) rating of Good. The NCIBI incorporates information about species richness
and composition, trophic composition, fish abundance and fish condition and summarizes the
effects of all classes of factors influencing aquatic faunal communities. Paw Paw Creek had a
very diverse fish population with 26 species. This site had good habitat as evidenced by the
number of darter species and sunfish species. The percentage of omnivorous species was
elevated suggesting that there is some evidence of moderate nutrient enrichment at this site.
Point source dischargers located throughout North Carolina are permitted through the
NPDES Program. Any discharger is required to register for a permit. There are no permitted
dischargers located within 1.0 mi (1.6 km) of Bridge No. 165.
Nonpoint source discharge refers to runoff that enters surface waters through stormwater
or snowmelt. Agricultural activities may serve as a source for various forms of nonpoint source
pollutants. Land clearing and plowing disturb soils to a degree where they are susceptible to
erosion, which can lead to sedimentation in streams. Sediment is the most widespread cause of
-6-

nonpoint source pollution in North Carolina. Pesticides, chemical fertilizers, and land
application of animal wastes can be transported via runoff to receiving streams and potentially
elevate concentrations of toxic compounds and nutrients. Animal wastes can also be a source of
bacterial contamination and can elevate biochemical oxygen demand (BOD). Drainage ditches
on poorly drained soils enhance the transportation of stormwater into surface waters
(NCDEHNR-DEM, 1993).
BIOTIC RESOURCES
Biotic resources include aquatic and terrestrial ecosystems. This section describes those
ecosystems encountered in the study area, as well as, the relationships between fauna and flora
within these ecosystems. Composition and distribution of biotic communities throughout the
project area are reflective of topography, hydrologic influences and past and present land uses in
the study area. Descriptions of the terrestrial systems are presented in the context of plant
community classifications and follow descriptions presented by Schafale and Weakley (1990)
where possible. Dominant flora and fauna observed, or likely to occur, in each community are
described and discussed.
Scientific nomenclature and common names (when applicable) are provided for each
animal and plant species described. Plant taxonomy generally follows Radford, et al. (1968).
Animal taxonomy follows Martof, et al. (1980), Menhinick (1991), Potter, et al. (1980) and
Webster, et al. (1985). Subsequent references to the same organism will include the common
name only. Fauna observed during the site visit are denoted with an asterisk (*). Published
range distributions and habitat analysis are used in estimating fauna expected to be present within
the project area.
Three communities are found in the project study area: Maintained/Disturbed, Mixed
Pine/Hardwood Forest and Piedmont/Low Mountain Alluvial Forest. Community boundaries
within the study areas are well defined without a significant transition zone between them, and
terrestrial faunal species likely to occur within the study area will exploit all communities for
shelter and foraging opportunities or as movement corridors.
The maintained disturbed community occurs along the shoulder of SR 1376. Significant
soil disturbance and compaction, along with frequent mowing or herbicide application, keep this
community in an early successional state.
Road shoulders act as buffers between the roadway and surrounding communities by
filtering stormwater runoff and reducing runoff velocities. The width of the road shoulder is
approximately 15.0 ft (4.6 m). Vegetation occurring along the road shoulder and less maintained
areas adjacent to the road shoulder includes various grasses, wing stem (Verbesina occidentalis),
winged sumac (Rhus copallina), ragweed (Ambrosia sp.), sour grass (Rumex acetosella),
milkweed (Asclepias sp.), aster (Aster sp.), wild onion (Allium canadense), vetch (Vicia sp.),
wild geranium (Geranium carolinianum), panic grass (Dicanthelium sp.), Queen Anne's Lace
(Daucus carota), daisy (Chrysanthemum leucanthemum), Christmas fern (Polystichum
acrostichoides), green and gold (Chrysogonum virginianum), fire pink (Silene virginica),
reindeer moss (Cladonia evansii), grape (Vitis sp.), poison ivy (Toxicodendron radicans),
-7-

blackberry (Rubus sp.), Virginia creeper (Parthenocissusquipquefolia) and coral honeysuckle
(Lonicera sempervirens).
The Mixed Pine/Hardwood Forest occupies the four corners of the existing bridge. This
community is adjacent to the alluvial forest and proceeds upslope and is extensive along SR
1376. The canopy is composed primarily of American beech (Fagus grandifolia), ironwood
(Carpinus caroliniana), hickory (Carya sp.), Virginia pine (Pinus virginiana), red maple (Ater
rubrum), tulip tree (Liriodendron tulipifera ), eastern red cedar (Juniperus virginiana), black
gum (Nyssa sylvatica), black walnut (Juglans nigra) and sourwood (Oxydendrum arboreum).
The shrub layer consists of big leaf snowbell (Styrax grandifolia), black cherry (Prunus
serotina), hazelnut (Corylus americana), witch-hazel (Hamamelis virginiana), flowering
dogwood (Corpus jlorida), redbud (Cercis canadensis), spicebush (Lindera benzoin) and maple
leaf viburnum (Viburnum acerifolium). The herbaceous and vine layers consists of bellwort
(Uvularia sessifolia), bedstraw (Galium sp.), rattlesnake plantain (Goodyera pubescens),
rattlesnake fern (Botrychium virginianum), running cedar (Lycopodium jlabelliforme), wild yam
(Dioscorea villosa), Virginia creeper and Japanese honeysuckle (Lonicera japonica).
The Piedmont/Low Mountain Alluvial Forest (Piedmont) is present adjacent to the creek,
along the northeast, northwest and southwest corners of the existing bridge. This community is
more extensive along the west side of SR 1376. Within the southwest quadrant the alluvial forest
reaches down into the creek channel. The canopy and shrub layers are composed of ironwood,
red maple, flowering and silky dogwood (C. amomun), saplings of pine and red cedar, maple leaf
viburnum, blueberry (Vaccinium sp.) and black haw (Viburnum. prunifolium). The herbaceous
layer consists of Jack-in-the-pulpit (Arisaema triphyllum), rattlesnake fern, Christmas fern,
sensitive fern (Onoclea sensibilis), New York ironweed (Vernonia sp.), Joe-pye-weed
(Eupatorium fistulosum), lousewort (Pedicularis sp.), bedstraw, bellwort, mock strawberry
(Duchesnea indica), may-apple (Podophyllum peltatum), yellow root (Xanthorhiza
simplicissima), windflower (Anemone quinquefolia), skullcap (Scutellaria serrata), Japanese
grass (Microstegium vimineum), jewel-weed (Impatiens capensis), wild yam and Virginia
creeper.
Wildlife associated with the communities present within the project vicinity include:
white-tailed deer* (Odocoileus virginianus), eastem mole (Scalopus aquaticus), opossum
(Didelphis virginiana), muskrat (Ondatra zibethicus), gray squirrel (Sciurus carolinensis),
raccoon (Procyon lotor) and American toad* (Bufo americanus).
Avian species utilizing the project vicinity include: tufted titmouse* (Parus bicolor), red-
eyed vireo* (Vireo olivaceus), mourning dove* (Zenaida macroura), blue-gray gnatcatcher*
(Polioptila caerulea), ovenbird* (Seiurus aurocapillus) and Louisiana waterthrush* (Seiurus
motacilla).
Summary of Anticipated Impacts
Construction of the subject project will have various impacts on the biotic resources
described. Any construction related activities in or near these resources have the potential to
impact biological functions. This section quantifies and qualifies impacts to the natural
-8-

r
resources in terms of area impacted and ecosystems affected. Temporary and permanent impacts
are considered here as well.
Calculated impacts to terrestrial resources reflect the relative abundance of the
community present within the study area. Project construction will result in clearing and
degradation of portions of this community. The project lies in a rural area consisting of natural
forest communities and maintained/disturbed road shoulders. Table 2 summarizes potential
quantitative losses to biotic communities, resulting from project construction. Estimated impacts
are derived using the entire proposed R/W width of 80.0 ft (24.4 m). The gravel road has been
excluded from the impact calculations.
Table 2. Anticipated Impacts to Biotic Communities
COM1ViUNITY ALTERNATE 1
Maintained/Disturbed 0.53 (0.21)
Mixed Pine/Hardwood Forest 0.54 (0.22)
Piedmont Alluvial Forest 0.14 (0.06)
TOTAL: 1.21 (0.49)
ivote: values cited are in acres (hectares).
Plant communities found within the proposed project area serve as nesting and sheltering
habitat for various wildlife. However, due to the size and scope of this project, it is anticipated
that impacts to fauna will be minimal.
Areas modified by construction (but not paved) will become road shoulders and early
successional habitat. Reduced habitat will displace some wildlife further from the roadway while
attracting other wildlife by the creation of more eazly successional habitat. Animals temporarily
displaced by construction activities will repopulate areas suitable for the species.
Bridge Demolition
Bridge No. 165 is composed of a timber deck with asphalt wearing surface on timber
joist. The substructure is composed of timber caps and timber piles. Therefore, Bridge No. 165
will be removed without dropping components into Waters of the United States. This project
falls under Case 3 (Bridge Demolition and Removal Policy, dated 9-20-99) where there are no
special restrictions other than those outlined in Best Management Practices for Protection of
Surface Waters.
JURISDICTIONAL TOPICS
This section provides descriptions, inventories and impact analysis pertinent to two
important issues--Waters of the United States and rare and protected species.
Surface Waters and Wetlands
Surface waters and wetlands fall under the broad category of "Waters of the United
States," as defined in Section 33 of the Code of Federal Register (CFR) Part 328.3. Wetlands,
defined in 33 CFR 328.3, are those areas that are inundated or saturated by surface or ground
-9-

_ ~-
water at a frequency and duration sufficient to support, and under normal circumstances do
support, a prevalence of vegetation typically adapted to life in saturated conditions. Any action
that proposes to place fill into these areas falls under the jurisdiction of the U.S. Army Corps of
Engineers (USAGE) under Section 404 of the Clean Water Act (33 U.S.C. 1344).
Potential wetland communities were investigated pursuant to the 1987 "Corps of
Engineers Wetland Delineation Manual". The three parameter approach is used where hydric
soils, hydrophytic vegetation and prescribed hydrologic characteristics must all be present for an
area to be considered a wetland. Wetlands are not present within the project study area.
Paw Paw Creek tributary is the only jurisdictional surface water, under Section 404 of the
Clean Water Act (33 U.S.C. 1344), present within the project study area. Discussion of the
biological, physical and water quality aspects of these streams are presented in previous sections
of this report.
Permits
Impacts to jurisdictional surface waters are anticipated. In accordance with provisions of
section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the USAGE
for the discharge of dredged or fill material into "Waters of the United States".
A Section 404 Nationwide Permit 33 CFR 330.5(a) (23) is likely to be applicable for all
impacts to Waters of the United States from the proposed project. This permit authorizes
activities undertaken, assisted, authorized, regulated, funded or financed in whole, or part, by
another Federal agency or department where that agency or department has determined that
pursuant to the council on environmental quality regulation for implementing the procedural
provisions of the National Environmental Policy Act;
(1) that the activity, work, or discharge is categorically excluded from environmental
documentation because it is included within a category of actions which neither individually
nor cumulatively have a significant effect on the human environment, and;
(2) that the office of the Chief of Engineers has been furnished notice of the agency' or
department's application for the categorical exclusion and concurs with that determination.
A North Carolina Division of Water Quality (DWQ) Section 401 Water Quality
Certification is required prior to the issuance of the section 404 permit. Section 401 of the Clean
Water Act requires that the state issue or deny water certification for any federally permitted or
licensed activity that may result in a discharge to Waters of the U.S.
Federally-Protected Species
Some populations of fauna and flora have been in, or are in, the process of decline either
due to natural forces or their inability to coexist with human activities. Federal law (under the
provisions of the Endangered Species Act of 1973, as amended requires that any action, likely to
adversely affect a species classified as federally-protected, be subject to review by the USFWS.
Other species may receive additional protection under separate state laws.
-10-

Plants and animals with federal classifications of Endangered (E), Threatened (T),
Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of
Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of February 26,
2001, the USFWS lists two federally-protected species for Rockingham County.
Table 3. Federally-Protected Species for Rockingham County
Scient~r Name Common 1Vame Status
Pleurobema collina James spinymussel Endangered
Echinacea laevigata Smooth coneflower Endangered
Endangered - A taxon "which is in danger of extinction throughout all or a significant portion of its range"
(Endangered Species Act, Section 3).
Echinacea laevigata (smooth coneflower) Endangered
Plant Family: Asteraceae
Federally Listed: December 9, 1991 PE
Flowers Present: June -early July
Distribution in N.C.: Durham, Granville, Orange, Rockingham
Smooth coneflower is a perennial herb that grows from simple or branched rhizomes.
This herb has a smooth stem and few leaves. The basal leaves are the largest, and these leaves
are smooth to slightly rough, tapered to the base and elliptical to broadly lanceolate. Mid-stem
leaves have short or no petioles and are smaller than the basal leaves. Flowers are light pink to
purplish in color and solitary. The petal-like rays usually droop. Fruits are gray-brown, oblong-
prismatic and four-angled.
Habitat for the smooth coneflower is found in areas of meadows, open woodlands, glades,
cedar barrens, roadsides, power line rights-of--way, clearcuts, and dry limestone bluffs. Plants
usually grow in soil derived from calcareous parent material. North Carolina populations are
found in soils derived from Diabase, a circumneutral igneous rock. Optimal sites are in areas
with abundant sunlight and little competition from other herbaceous plants.
BIOLOGICAL CONCLUSION NO EFFECT
Suitable habitat for smooth coneflower is present within the road shoulder portions of the
project study area. A plant by plant survey for smooth coneflower, within the road shoulder area,
was conducted on 17 May 2001 by NCDOT biologists Karen M. Lynch and Lynn Smith. No
specimens were found during the survey. Furthermore, a review of the NC Natural Heritage
Program database of rare species and unique habitats on November 1, 2001 revealed that no
known occurrences of smooth coneflower occur within 1.0 mi (1.6 km) of the project study area.
Therefore, project construction will not affect smooth coneflower.
-11-

.. - y
Pleurobema collina (James spinymussel) Endangered
Animal Family: Unionidae
Date Listed: July 22, 1988
A description and biological conclusion for the James spinymussel is not available at
this time. As soon as this information is available, it will be provided in a separate
memorandum.
Federal Species of Concern and State Listed Species
There is one Federal Species of Concern (FSC) listed for Rockingham County. Federal
Species of Concern are not afforded federal protection under the ESA and are not subject to any
of its provisions, including Section 7, until they are formally proposed or listed as Threatened or
Endangered. Federal Species of Concern aze defined as those species which may or may not be
listed in the future. These species were formally candidate species, or species under
consideration for listing for which there was insufficient information to support a listing of
Endangered, Threatened, Proposed Endangered and Proposed Threatened. Organisms which are
listed as Endangered (E), Threatened (T), Significantly Rare (SR) or Special Concern (SC) by the
North Carolina Natural Heritage Program (NCNHP) list of rare plant and animal species are
afforded state protection under the State Endangered Species Act and the North Carolina Plant
Protection and Conservation Act of 1979.
Heller's trefoil (Lotus helleri) is the only Federal Candidate and State listed species listed
for Rockingham County. The species' state status is as "Candidate" species. Candidate species
are very rare in North Cazolina generally due to habitat destruction. These species are also either
rare throughout their ranges or disjunct in North Carolina from a main range in a different part of
the country or world. Also included are species which may have 20-50 populations in North
Carolina, but fewer than 50 populations rangewide. If present land use trends continue,
candidate species are likely to merit listing as Endangered or Threatened. Suitable habitat for
Heller_'s trefoil does exist in the study area. This data is provided for information purposes as the
status of this species may be upgraded in the future.
A review of the NCNHP database of rare species and unique habitats on November 1, 2001
revealed no records of North Carolina raze and/or protected species in or near the project study
area. A survey for this species was not conducted during the site visit, nor was the species
observed.
Please contact me at [phone] extension 286 if you have any further questions
regarding this project.
cc: Randy Turner, Natural Systems Unit Head
File B-3900
-12-

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