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HomeMy WebLinkAbout19960841 Ver 1_COMPLETE FILE_19960828State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification and Mr. Will Sullivan Wayne County 224 E. Walnut Street 3rd Floor Goldsboro, NC 27530 Dear Mr. Sullivan: A LT.WYWA IT 0 ID FE " [*NJ F1 January 15, 1997 Wayne County DWQ Project # 960841 COE #199606884 ADDITIONAL CONDITIONS You have our approval to place fill material in 3.0 acres of wetlands or waters for the purpose of expanding an existing landfill at SR 1129, as you described in your application dated 28 August 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification as well as these additional conditions: A deed restriction or conservation easement shall be added to all remaining wetlands to prevent future fill. Surface flow shall be directed at nonerosive velocities into the remaining wetlands to maintain the present hydrology. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Aft. John Dorney Central Files Sin rely, r on Howard, Jr. P.E. 960841.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper .2. MTURE SUFAm FAX MEMO 01515 Lft° .? . N9es ? U.S. ARMY CORPS 4 . To F'°" 4co yo etas .... WILXMGTONI pha"# esq. cp Action Id. ?g bo996yf County GENRRAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Propertyowner U/& Me L' ? ?1n p'tr_ W0 Jf 6_1 Address Telephone No. Size and Location of project (water body, road uame/number, town, "fel 4C b, I oc{riles ' " -6014M `Al"',:AO'G,55 I I Aw-1 _b: Ow",//(? / S1-ftfe K a -t&k Description of Activity }s.C#._ ,.,.!we'4*-, Tb Applicable Law! Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: _ regional General Permit Number. .B/L, # Z& Nationwide Permit Number. Your work is authorized by this Regional Cieneral (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is ayNect to Section 404 (if Section 404 block above is checked work you must a`G ?' 401 water qu c 1cation from the N.C. Division of Environmental 733-1796. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919).733-2293. Please read and carefully comply with the attacWd conditions of the RGP or NWIs Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other regnired Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the. Conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date .. 101?126 Corps Regulatory Official I W4&.1 ,Telephone No. (qt al 79 t X 16 Expiration Date of Verification 1 1 l I igl 7 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. IF REQUIRED OR AVAILABLE. casAw+<oO51" rovhad duly INS 01113/1997 16:02 9196892995 WAYNE CO SOLID WASTE PAGE 02 GFM AL CONDITIONS 1. Xavigation. No activity may cause more than a minimal adverse of feat on navigation. 2. proper Xaintevancs. Any structure or fill authorized shall be properly :maintained, including maintenance to ensure public SaZety. 3. srosion and siltation controls. Appropriate erosion and. siltation coatrois must be used and maintained in effective operating condition during construction, and all exposed soil and other fills mush be permanently stabilized at the earliest practicable state. 4. Aquatic Llfa Rovements. No activity may substantially disrupt the movement of those species of aguatJ1.c life indiejenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. S. gquipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Regional and Cane-by-case Conditions. The activity must comply with any regional conditiana which may have been added by the Division Xngineer and any case specific conditions added by the corps. 7. Wild and Scenic Rivern. No activity may occur in a component of the aationai wild and scanio River s etemp or in a river officially designated by congress as a "study river" !or possible inclusion in the system, while the river is in an official study status. Information on mild and scenic 'Rivera may be obtained from the National Park service and the U.S. Forest Service. S. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality cowt#.fi.cation. In certain states, an individual state water quality certification must be obtained or waived. 10. Coastal Zone Managemnt. Ir, certair. states, or individual stato coastal zone management coneintanay concurrertes must be obtained or waived. ill Endangered Species. No activity is authorized under AAy NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for ouch designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permitteas shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be obtained from the U.S. Dish and Wildl.lfe Service and National Marize Fisheries Service. 01/1311997 16:02 9196892995 WAYNE CO SOLID WASTE PAGE 03 O, . . s 22. Hiatoric Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the Distract Engineer has complied with the provisions of 33 CFR 325, Appendix c. The prospective permittse must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittoo has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the state Historic Preservation Office and the National Register of Ni.storic Plecse..-.(see 33 CPR 330.4(8)). 13. Notification- a. Where required by the terms of the NWP, the prospective permittee must notify the District Enq?Aeer as early as possible and shall not begin the activity: (1) until notified by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) if notified by the District or Division Engineer that an individual permit is required; or (3) Unl®sa 30 days have passdd from the District Mugineerts reaeipt of the.notif ication and the prospective permittee has not received notice from the District or Division Engineer. 5ubsequeutly, the parmittee's right to proceed under the NWP may be modified, suspended or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2), b. The notification must be in writing and include the following information and any required feed: (1) Name, address and tmlophone number of the prospective parmittea; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse Qnvirarseerital affects the project would cause; any other NWP(s), regional general permit(s) or individual permit(s) used or intended to be used to authorize any part of the proposed project or related activity; (4) Where required by the terms of the MM, a delineations of affected special aquatic sites, including wetlands; and (5) A statement that the prospective permittee has contacted; (a) The QSFW9/NMFS regarding the Presence of any Federally listed (or proposed for listing) endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project; and any available information provided byrthose agencies. (The prospective permittee ? may contact Corps District Offices for USFWS/NMFS agency contacts and list of critical habitat.) * '0 (b) The SHPO regarding the presence of any historic properties in the permit area that may be affected by the proposed project; and the available infcrmaulon, if.any provided by that agency. 14. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is repair of the public water supply Intake Structures or adjacent bank stabilization. IS. Shellfish px'oduction. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit. A. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodioz, etc.) and material ? {;;,, ?I l?;r•{.?,1 t?,?}????°?`?'''??"r'?!?''?;'????'?E;r?i'?,????Neut?6?"l?i*?s"e2'?i?tt?Y?'4'r?le?'?"?`'???f??1G'+???k???? ? i ?+,wti ?r'`!?{y?ku: t??t??:' ?? ; ?r -, is 17. Ki.ti.gation. Discharges of, dredged or, fill material into waters of *he' United States must be midimized or avoided to the maximum extent practicable Lot,.. & #ftks roved t,r .anti , MrdA•n+ n?+?r Vyy^. ?C +r :i; i y w v 1a F IIe! +=krbrafj`d oie{'i'.+!!:, `ii,?-`l'ie)",'ialgso'°Cho`.Diotriagi' PP. a compensation mitigation plan for the specific regulated activity. is. Spawning arsaas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extant practicable. 19. ohstxactionn of Righ ?laws. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose at tho fill 5Ls to impound waters). 20. Ulvem" Impacts from Ia:p ts. If the discharge creates an impoundment of water, adverse impacts on the aquatic Qysten.caused by the accelerated passage of water and/or the restriotioss of its flow shall be minimized to the maximum extent practicable. 21. Waterfowl Bresding areas, bischarges into breeding areas for migratory waterfowl :gust be avoided' to the maximum- extent practicable. 22. Removal of Temporasy Fillet. Any twporary fills rust be removed Ia their entirety and the affected areas returned to their proexisting elevation. auras: 1. Qualification for and issuance df a nationwide permit does not relieve the applicant of the need to obtain any other required State or local permits. 2. Should all or part of a proposed activity be located within an Area of Envixonmental Concern (AEC) as designated by tba.North Carolina Coastal Rmsources Commission, a CAM permit is required from the North Carolina Division of Coastal, Management. Should an 4c*ivkty within or potentially affecting an AEC be proposed by a Federal agency, a consistency determination pursuant to 15 CPR 930 must be provided to the North Carolina Division of Coastal Management at la4xt 90 days before thst onsat of the proposed activity. • -t ta` REGIONAL CONDITIONS 4. All fill material authorized by this Permit must he ohtaa.ned from an upland source. 2. Use of this permit for livestock and domestic animal waste treatment facilities is not allowed. STATE CONSISTENCY CONDITIONS 1. All fill material authorised by thin permit must 129 obtained from an upland sourca. 2. Use of this nationwide permit for waste disposal facilities is not authorized. r wiolat}?o s: of the apprppriate turbidity. wat?q: gti}at].it lard (50 NTO' S (iA r streams and rivers not designated as trout waters-by the North Carolina Division of Environmental Management; 25 NTU'Z in all saltwater classes and all lakes and reservoirs and 10 NTV's in trout waters). :. .„ - 4., Proposed fill of greater than one acre in $A, trout, ORW, Ws-1 and Ws-2 NQw Waters'heds,, regdireb' public notice and"afi iddl.vidual' section 401 Water' 2uality certification from the North Carolina Division of Environmental Management. 5. For activities resulting in the loss of waters of the United states greater than 113 of an acre, the applicant must receive written concurrence from the North Carolina Division of Environmental. Hanagament that tho proposal is certified under the section 401 Water Quality Certification Program. 5. 19 the proposed activity is within the North Caxoli:na Coastal Area and the activity will result LA the Leas of waters of the United States greater than 1/3 of an acre, the applicant must receive written concurrence from the North Carolina Division of Coastal Management that the activity is consistent with the North Carolina Coastal Management Program. GENERAL CERTIFICATION CONDITIONS 1. Proposed fill or substantial, modification of greater than one-third of an acre of such waters, including wetlands, requires a written concurrence from the North Carolina Division of Environmental Management. 2. Proposed fill or substantial modification of equal to or lass than one- third of an acre of ouch waters, including wetlands, does not require written concurrence from the North Carolina oiviaion of Environmental Management. 3. Proposed fill of greater than one acre in $A, trout, HOW, ORW, WS-1 and Ws-II watersheds require public notice and an individual section 401 Water Quality certification from the North Carolina Division of Environmental Management. 4. Established sediment and erosion.cantrol. practices will be utilized to prevent violations of the appropriate turbidity water quality standard {50 BTU's in stream* and rivers not dAltgnated as trout waters by the North Carolina Diviaioft of Enviror mental Hanagement, 25 N"** in all saltwater classes and all lakes and reservoirs and 10 NTQ's in trout waters). -4. .• dG?? FM?iRpy 2 1996 960841?r ACTION ID- q4 s ' DEM ID: Nationwide Permit Requested (Provide Nationwide Permit #): NWP #26 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide.permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,' P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Box 29535 ATTN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 - ATTN. MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. -1. Owners Name- Wayne 2. Owners Address: 224 E Walnut St 3rd floor ('o1 dsharn ? Mr. 975- in 3. Owners Phone Number (Home): (Work): (914) 7"11-143-, 4. If Applicable: Agent's name or responsible corporate official, address, phone number. Mr. Will Sullivan 224 E Walnut Street Ind Floor Goldsboro, NC 27530 Phone (414) 7'A 1 _ 16'1x, 5. Location of work (MUST ATTACH MAP). County: Wayne Nearest Town or City: Goldsboro Specific Location (Include road numbers, landmarks,etc.): South West of Goldsboro off of SR 1129 6. Name of Closest Stream/River. Edwards Branch 7. River Basin: Neuse 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO F] 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO F ] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 18 acres 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 3 Drained: Flooded: Excavafed: Total Impacted: v mPR 22.1996 A Fr ,, .,, rl ?Dt4F . S PROTECTED SPECIES SURVEY AND WETLANDS`DE TION FOR THE PROPOSED WAYNE COUNTY LANDFILL EXPANSION, WAYNE COUNTY, NORTH CAROLINA O IDB V ? ? V ® r NHS GR?r '` , t y?ptE? 7 , I., 'T!?- GARROW & ASSOCIATES, INC. EXECUTIVE SUMMARY A protected species survey and wetland delineation were conducted in late February 1996 for the proposed Wayne County Landfillexpansion east of the intersection of U.S. Highway 13 and S.R. 1127, and southwest of Goldsboro in Wayne County, North Carolina. The project property, approximately 127 acres in size, contains three disturbed or young ecological communities (Disturbed Upland, Abandoned Agricultural/Field, and Disturbed Pine-Hardwood Forest0; and five relatively undisturbed mature ecological communities (Pine-Hardwood Forest, Pine Forest, Mixed Mesic Hardwood Forest, Bottomland Hardwood Forest, and Aquatic Habitat). The threedisturbed communities, Pine-Hardwood Forest, Pine Forest, and small amounts of Mixed Mesic Hardwood Forest occur in the potential impact area, while much of the Mixed Mesic Hardwood Forest, most of the Bottomland Hardwood Forest, and all of the Aquatic Habitat occur in the undisturbed buffer areas around the project. Wetland areas do occur in several drainages in Mixed Mesic Hardwood Forest communities in the proposed impact zone. Information on previous occurrences of protected species near the project area was obtained from the U.S. Fish and Wildlife Service and the North Carolina Natural Heritage Program at the time of the survey. The proposed impact zone in the project area and adjacent areas contains foraging habitat for one state and federally protected animal species, red-cockaded woodpecker, but does not contain suitable nesting habitat for this species. No evidence of any state or federally protected animal species was observed in the project area. No state or federally protected plant species are known from Wayne County. No state or federally protected plant species were observed in the project area. Potential red-cockaded woodpecker foraging habitat in the project area is isolated by disturbances, hardwood forests, and young pine plantations, and is not large enough to support a colony of red-cockaded woodpeckers. Habitat for the other state or federally protected animal species known from Wayne County does not exist n the impact zone; thus, it is highly unlikely that this project will impact any state or federally protected species. Most jurisdictional wetlands in the project area are hin the required undisturbed buffer zones, and will not be impacted by this project. However, small amounts of jurisdictional wetlands are present in several drainages in the proposed impact zone of the project area. Impacts to these wetlands may qualify for Nationwide Permit 26 for impacts to wetlands above headwaters if flow in the tributary to Edward's Branch is less than 5 cubic feet per second. PROTECTED SPECIES SURVEY AND WETLANDS DELINEATION FOR THE PROPOSED WAYNE COUNTY LANDFILL EXPANSION, WAYNE COUNTY, NORTH CAROLINA 1.0 INTRODUCTION Garrow & Associates, Inc., has performed a protected species survey and a jurisdictional wetlands delineation for the proposed Wayne County Landfill expansion, southwest of Goldsboro in Wayne County, North Carolina. The project property is approximately 115 acres east of the intersection of U.S. Highway 13 and S.R. 1127 (Figure 1, Appendix 1). This report describes ecological communities, determines the presence of protected species or their habitats, and locates jurisdictional wetlands and waters of the United States in and adjacent to the project property. Recommendations are made concerning impacts to potential protected species habitats, jurisdictional wetlands, and waters of the United States. Consideration of impacts to protected species and wetlands is required under the North Carolina Solid Waste Management Rules (15A NCAC 13B). Rare and protected species include species protected by state and federal laws, as well as rare species that, although not legally protected, are of concern to listing agencies and members of the scientific community. Legally protected species include animals listed as Endangered, Threatened, Special Concern, or Extirpated by the North Carolina Wildlife Resources Commission (NCWRC); plants listed as Endangered, Threatened, or Special Concern by the North Carolina Department of Agriculture (NCDA); and plants and animals listed as Endangered or Threatened by the U.S. Fish and Wildlife Service (FWS 1989, 1990a, 1990b). Rare species include Candidates for federal listing by FWS and those listed as Candidates or as Significantly Rare by the North Carolina Natural Heritage Program (NCNHP). Efforts to accommodate these species found on a project area are encouraged but not required; such efforts help preserve a rare species before it becomes critically imperiled and legally protected. Wetlands are defined by the U.S. Army Corps of Engineers (COE) and the U.S. Environmental Protection Agency as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (Environmental Laboratory 1987). Areas that do not meet the criteria for wetlands, but that hold impounded or running water during some or all of the year, are termed waters of the United States. This term applies to such features as lakes, ponds, rivers, and perennial and intermittent streams. 2.0 MATERIALS AND METHODS 2.1 Literature Review and Records Search -- A literature and map review was performed for the study area, consisting of an examination of soil survey maps (Goodwin et al. 1974), the U.S. Geological Survey 1 3.2 Description of Ecological Communities Eight ecological communities exist in and adjacent to the study area: Disturbed Upland, Abandoned Agricultural/Field, Disturbed Pine-Hardwood Forest, Pine-Hardwood Forest, Pine Forest, Mixed Mesic Hardwood Forest, and Bottomland Hardwood Forest. Additionally, aquatic habitat exists in streams and channels along the northern, western, and southern boundaries of the project area, but no aquatic habitat will be impacted by this project. The forested communities in the project property are mature, relatively undisturbed ecological communities. However, several communities have severe to moderate disturbance from grading, agriculture, and timber harvesting. The approximate boundaries of ecological communities are depicted in Figure 2. Scientific names of common plant and animal species in the project area are contained in Appendix 2. The Disturbed Upland community occurs around the edges of a recently abandoned agricultural field. Grading and soil borrowing have occurred in these areas. This type is mainly bare ground with only very little pioneer vegetation, including blackberry, broomsedge, dandelions, and loblolly pine seedlings (Figure 3). No animal species were observed in these areas. The Abandoned Agricultural/Field community occurs on a broad ridge in the center of the project area. This area is currently dominated by a young dense stand of loblolly pine (Figure 4). Animals observed in this community include white-throated sparrow and mourning dove. The Disturbed Pine-Hardwood Forest community occurs on slopes and a broad ridge in the eastern portion of the project area that have been recently harvested. Residual mature trees, including loblolly pine, white oak, southern red oak, pignut hickory, and sourwood, are scattered in this community (Figure 5). Pioneer ground layer vegetation includes broomsedge, blackberry, and wooly mullein. Residual understory species include American holly, bracken fern, catbrier, flowering dogwood, blueberry, deerberry, ebony spleenwort, Japanese honeysuckle, southern jasmine, and grape, with abundant regeneration of hardwoods and some loblolly pine. Animals observed in this community include bluejay, yellow-rumped warbler, Carolina chickadee, slate-gray junco, American crow, rufous-sided towhee, and white-throated sparrow. The Pine-Hardwood Forest community occurs on slopes and broad ridges throughout the project area. The canopy is predominantly loblolly pine, with white oak, southern red oak, pignut hickory, and sourwood (Figure b). Understory species include American holly, bracken fern, catbrier, flowering dogwood, blueberry, deerberry, ebony spleenwort, Japanese honeysuckle, pipsissewa, southern jasmine, and grape. Animals observed in this community include bluejay, yellow-shafted flicker, yellow-rumped warbler, Carolina chickadee, slate-gray junco, American crow, rufous-sided towhee, and white-throated sparrow. 3 3.3.1 Animals. The NCNHP (1996) and FWS (1996) rare and protected animal species lists serve as the basis for this protected animal study. One state and federally protected animal species and six state protected animal species potentially occur in Wayne County. Potential foraging habitat occurs in the project area for one state and federally protected animal species., No habitat was found in the project area for any other state or federally protected animal species known from Wayne County. No state or federally protected species were observed in the project area. Several protected animal species known from Wayne County are strictly aquatic. Aquatic habitat is either just within or outside of the property boundaries of the project area, and will not be impacted by this project. No evidence of protected aquatic species was observed in streams just within or adjacent to the project area. Pine Forest and Pine-Hardwood Forest communities in the project area contain suitable foraging habitat for the state and federally Endangered red-cockaded woodpecker (pines 2 30 years old). No suitable nest trees (pines >_ 60 years old) occur in the project area. Foraging habitat in the project area is isolated by hardwood forests, agricultural areas, and very young pine plantations, and is not extensive enough to support a colony of red-cockaded woodpeckers. One state Significantly Rare (legally unprotected) animal species, pine barrens treefrog, is known from Wayne County, but was not observed in the project area. No habitat for this species exists in the impact zone of the project area. 3.3.2 Plants. The NCNHP (1996) and FWS (1996) lists of rare or protected plant species potentially occurring in Wayne County serve as the basis for the protected plant study. No state or federally protected plant species are known to occur in Wayne County. Six federal Candidate and/or state Candidate or Significantly Rare plant species are known from Wayne County. No state or federally protected plant species were observed in the project area. Marginal habitat occurs in the required buffer zones of the project area for two state Significantly Rare or Candidate and/or federal Candidate plant species, pondspice and Florida bladderwort. Due to disturbances adjacent to the project area these species are not likely in the project area. Neither of these species was observed in the project area. 3.4 Jurisdictional Wetlands Assessment Soil survey maps (Goodwin et al. 1974) indicate a hydric soil, Bibb sandy loam, in floodplains and lower drainages in the project area. Additionally, Wagram loamy sands are known to have `hydric inclusions of Bibb soils in narrow drainages upstream of floodplain areas. The National Wetland Inventory map (FWS 1995) indicate palustrine forested wetland in the project property. Palustrine forested wetlands were found in the Edward's Branch floodplain and in several drainages in the: project area. Much of these wetlands are in Bottomland Hardwood Forest communities within the required undisturbed buffer zones; however, 5 species, and no protected animal or plant species were observed during our field investigations. Avoidance of ecological communities will be practicable where these communities occur within the legally required buffer zones around the proposed landfill expansion. We do not recommend further investigations for protected species in the proposed impact zone or in required buffer zones in the project area. We recommend avoiding impacts to the wetland and waters of the United States in the project property to the extent practicable. Avoidance will be practicable in the wetland and waters in the required buffer zones. Permits will be required from the COE under Section 404 of the Clean Water Act if fill is to be placed in any wetlands in the proposed impact zone of the project area. Also, sedimentation and erosion control measures must be taken to protect wetlands that are not directly impacted by construction. This project may qualify for a Nationwide'Permit because most wetlands in the project property are within the required undisturbed buffer zones, and wetland impacts will be minimal. A request should be submitted to the U.S. Army Corps of Engineers to verify wetland boundaries and proposed wetland impacts in the project area and to verify the eligibility of this project for a Nationwide Permit. 7 f North Carolina Natural Heritage Program.. 1996. Rare elements known to occur in Wayne County, N.C. Natural Heritage Program element occurrence list. NCNHP, Raleigh, North Carolina. Page, Lawrence M., and Brooks M. Burr. 1991. Field guide to freshwater fishes, north of Mexico. The Peterson Field Guide Series. Houghton Mifflin Company, Boston, Massachusetts. Radford, A. E., H. E. Ahles, and C. R. Bell. 1968. Manual of the vascular flora of the Carolinas. University of North Carolina Press, Chapel Hill, North Carolina. Reed, P. B., Jr. 1988. National list of plant species that occur in wetlands: Southeast (Region 2). U.S. Department of the Interior, Fish and Wildlife Service, Research and Development, Washington, D.C. Biological Report 88 (26.2). Scott, S. L., editor. 1988. Field guide to the birds of North America. 2nd ed. National Geographic Society, Washington, D.C. Soil Conservation Service (SCS). 1991. Hydric soils of the United States. In cooperation with the National Technical Committee for Hydric Soils. ' U.S. Department of Agriculture, Washington, D.C. U.S. Fish and Wildlife Service (FWS). 1989. 50 CFR Part 17: Endangered and threatened wildlife and plants; animal notice of review. U.S. Department of the Interior, Washington, D.C. U.S. Fish and Wildlife Service. 1990a. 50 CFR Part 17: Endangered and threatened wildlife and plants; review of plant taxa for listing as endangered or threatened species; notice of review. Washington, D.C. U.S. Fish and Wildlife Service. 1990b. 50 CFR Part 17.11 and 17.12: Endangered and threatened wildlife and plants. U.S. Department of the Interior, Washington, D.C. U.S. Fish and Wildlife Service. 1994. Endangered and threatened species of the southeastern United States. Notebook and update to Region 4. U.S. Department of the Interior, Washington, D.C. U.S. Fish and Wildlife Service. 1995. National Wetlands Inventory draft map, Southwest Goldsboro, North Carolina, quadrangle, 7.5 minute series. U.S. Department of the Interior, Washington, D.C. U.S. Fish and Wildlife Service. 1996. Listed species in Wayne County. Raleigh Field Office, Raleigh, North Carolina. U.S. Geological Survey. 1988. Southwest Goldsboro, North Carolina, quadrangle, 7.5 minute series. U.S. Department of the Interior, Washington, D.C. 9 APPENDIX 1. FIGURES 1. Project Location Map. 2. Ecological Communities and Jurisdictional Wetlands. 3. Disturbed Upland with Little or No Vegetation. 4. Abandoned Agricultural/Field Community with Loblolly Pine. 5. Disturbed Pine-Hardwood Forest Community. 6. Pine-Hardwood Forest Community. 7. Pine Forest Community. 8. Mixed Mesic Hardwood Forest. 9. American Holly. 10. Bottomland Hardwood Forest Community. 11. Pool in Bottomland Hardwood Forest Community. 12. Jurisdictional Wetland in Narrow Drainage. 13. Laurelbrier in Narrow Wetland Understory of Mixed Mesic Hardwood Forest. 14. Netted Chain Fem Fertile Frond in Wetland. 15. Low Chroma Soil from Wetland. 16. Evidence of Shallow Rooting in Wetland. _ _,?_ ?' / 1 ? \..' .. Watson' If 1 r 172 odes ) ',,` Kh -?j1? }1•\c?. ?- / ?... a / 1 Overman./ :I b •? / , 69 1127. SM ,-'%i 69 ILI 167 -f 1129 ?1 C f " ham` /? -• ? _ -,? ;? ? a r s f - 32 _ 1130 7 C ` ' %66 - 1 11P7 f f em.\, ° 1 r i/ contour interval = 5 feet 0 mile 1 0 feet 4000 North 0 kilometer 1 Map source: Southwest Goldsboro, N.C. PROJECT AREA Quadrangle, 7.5 minute 1974,1988 Figure 1. Project Location Map. r - oloo\ 1 `' .\` `\\ \\ \` Iri m ? of w •} m ?' ? ` z .. $a, 0 .Iy O O ti7 aC °o " O Q. 71 \ O _ C) r(nD r"D 71 (D f?. o C rt • ... - rt ? ?• rte-, z y rr Figure 4. Abandoned Agricultural/ Field Community with Loblolly Pine. Figure 5. Disturbed Pine-Hardwood Forest Community. Figure 6. Fine-Hardwood Forest Community. Figure 7. Pine Forest Community. Figure 8. Mixed Mesic Hardwood Forest. Figure 10. Bottomland Hardwood Forest Community. „'�.� 1f��.�; ae�t ;: �:}[l +� � ,� •. ;ti •� 331 't'ii.• ; �va ''' '� 1 cX.J•” �'��' �ter;=S'?y f • _ r:.! ��'I• ,�e�t�.` _ .,y � ,-,' �.�., � mss"•., �. ., _ t 1 h r Figure 12. Jurisdictional Wetland in Narrow Uramage. Hardwood Forest. Figure 13. Laurel Brier in Narrow Wetland Understory of Mixed Figure 14. Netted Chain Fern Fertile Frond in Wetland. Figure 15. Low Chroma Soil from Wetland. rrgure rb. tvraence or marrow xoonng in Wetland. APPENDIX 2. SCIENTIFIC NAMES OF COMMi FOUND PLANT AND ANIMAL SPECIES Common Name Scientific Name Plant species American holly Beggar-lice Blackberry Blueberry Bracken fern Broomsedge Catbrier Cinnamon fern Cranefly orchid Cross-vine Dandelions Deerberry Ebony spleenwort Flowering dogwood Giant cane Grape Green ash Japanese honeysuckle Laurelbrier Loblolly pine Musclewood Netted chain fern Northern red oak Partridgeberry Pignut hickory Pipsissewa Poison ivy Rattlesnake plantain Redbay Red maple St. John's-wort Sedges Soft rush Sourwood Southern jasmine Southern red oak Sphagnum moss Ilex opaca Desmodium sp. Rubus sp. Vaccinium sp. Pteridium aquilinum Andropogon spp. Smilax sp. Osmunda cinnamom Tipularia discolor Anisostichus capreol Taraxacum sp. Vaccineum arboreuml Asplenium platyneuri Cornus florida Arundinaria giganteu Vitis rotundifolia Fraxinus pennsylvan Lonicera Japonica Smilax laurifolia Pinus taeda Carpinus caroliniana Woodwardia virginic Quercus rubrum Mitchella repens Carya glabra Chimaphila maculata Toxicodendron radicr Goodyera pubescens Persea borbonia Acer rubrum Hypericum spp. Carex spp. and CypE Juncus effusus Oxydendron arboreu Gelsemium semperiv Quercus falcata Sphagnum sp. Y spp. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: IA1aYYIP .6,9r 1-arid-?i If F?u?ahslan Date:. -? - 6 Applicant/Owner: t' qg -' •ey4' County: Investigator: e S State: t . Do Normal Circumstances exist on the site? )v No Community ID: Is the site significantly disturbed (Atypical Situation)? Yes 6% Transect ID: Is the area a potential Problem Area? Yes Plot ID: We HaI 'It (If needed, explain on reverse.) Ire+Pac?' ZpA(, - Seea14 VEGETATION Dominant Plant Species Stratum Indicator 1. l ,l?ct ida?tw s?yyaci?/uQ clG 2. Ac' e r . vuhrul:s T S a? 3. L ? I" IOGI G? yn ?t fu I ?9i'Feea ?._ fdG ObI 5. h/Cdtr~'u/DY?ta A>l'?'n IQ ! ? „?_? 6.V;bu01 um pucluM Fa, u/ 7. 8. Percent of Dominant Species that are OBL, FACW or FAC -(excluding FAC-). Remarks: -Tht5 15 a Ve V ?1QV'l?Ou/ ?q an p ? ?.e?^ iS? fgee t'(_ c?w?B Dominant Plant Soecies Stratum Indicator 9. 10. 11. 12. 13. 14. 15. 16. N ?-5 Zg, HYDROLOGY -Recorded Data (Describe in Remarks): -Stream, Lake. or Tide Gauge _ Avia: Photographs _ Other J No Recorded Data Available Feld Observations: Depth of Surface Water: t2 (in.) Depth to Free Water in Pit: I ?-_ 15 (in.) Depth to Saturated Soil: 3-6 (in.) Wetland Hydrology Indicators: Primary Indicators: fh, n Aut k 1,1 A Inundated Saturated in Upper 12 Inches -Water Marks _ Drift Unes _ Sediment Deposits ?Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches _i?Water-Stained Leaves - ZLoeal Soil Survey Data _ FAC-Neutral Test _ Other (Explain in Remarks) Remarks: ve, marrow ha4 o ?d, v'afed Sol'( ji &Join eq f- fur?^ y I'10rlrou,/ wel(oloalneo< olrol,? ?G Grv'C?Z Sc?tiiewha`? l,fie? <epoage area. c DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) I. Pro'ec Site. W 3 J t/ a , FX m Date. - oZ - h Applicant/ Owner: ( r County:. l Investigator::_ , av?S 6Q??ea/4 S6G.. Stater ?? Do Normal Circumstances exist on the site? N Community 1D: Is the site significantly disturbed (Atypical Situation)? Is the area a l Probl m A t ti ? Y L 6, Transect (q: l D . po en a e rea No P ot I : we (If needed, explain on reverse.) t Ed iva>"Q S r'a?wc?l mood ,lei VEGETATION I j Dominant Plant Species Stratum Indicator 1. Ny.55a b; flo rya. _ ?-' Dominant Plant Species 9 rho o c Stranim Indicstor 5' - c u _ . ' 2. c rtQ T 5 L? 10. ? 3. G bet, P" 5 V 11. 4.t i r 1 o d e Ala n6iferA -r f`/ - 12. -} 1 5. V Qt 1 13. 6. w wd a. 14 ObI 14. _ 7.l MU 14da . / 1AY14,11) 1-t acw -- 1 s. 8. V' h"'ry1U M Wide sM S ?{ fd-t, _U/ 1 F. Percent of Dominant Species that are OBL, FACW or FAC ( l di F w QO ? (( exc u ng AC-). i Remarks: j I HYDROLOGY _ Recorded Data (Describe in Remarks): _ Stream, Lake. or Tide Gauge _ Aerial Photographs _ Other t/ No Recorded Data Available Field Observations: Depth of Surface Water: Vin.) Depth to Free Water in Pit: 3.-U (in.) Depth to Saturated Soil: (in.) Wetland. Hydrology Indi ators: Primary Indicators: Inundated ?aturated n Upper 12 Inc hes _?VW``ater Ma s Drift Line °diment eposits ?Drainage atterns in Wetlands Secondary Indicator (2 or more relquired): Z Oxidized oot Channels in upper 12 Inches ?Water-Sta ned Leaves_ _ Local Soi) urvey Data FAC-Neut a( Test _ Other (Ex lain in Remarkks) ? I Remarks: WPi+, F1tod ???? APPENDIX 6. RESUMES OF KEY PROJECT PERSONNEL William R. Nethery Senior Environmental Scientist Garrow & Associates, Inc. Education B.S. Forestry (Biology), College of Forest Resources, North Raleigh, North Carolina, 1987. M.S. Forestry (Wetland and Plant Ecology), College of Forest State University, Raleigh, North Carolina, 1991. Thesis: kinetin on coastal-source wax myrtle (Ml r? ica ceri era seed gerr Areas of Specialization Habitat Evaluations, Protected Species Surveys, Environmental Delineations, Environmentally Sensitive Property, Wetland and Pro! Planning, Environmental Regulations. Specialized Training and Certification Coastal Plain Wetland Delineation, UGA,1995. Shigo on Trees Workshop, 1995. Groundwater and Associated Environmental Concerns Seminar,1 Ninth Annual Forest Biology Symposium, 1990. P.C. SAS Basics Training Course, SAS Institute, 1989. Symposium on Barrier Island Ecology of the Atlantic Coast, 1989. Project Learning Tree Facilitator's Training, 1987. Qualified Consultant for Environmentally Sensitive Property Professional Experience 1993 to Present Environmental Scientist, Garrow & Associates, Responsible for protected species surveys, wetland, sf assessments, and habitat evaluations. Duties include preparation, project management, preliminary investigations, report preparation. 1990 to 1993 Senior Wetlands Scientist, Robert J. Goldstein & North Carolina Performed environmental assessments, wetland delineati( surveys, and hazardous waste surveys. Responsibi management, preliminary investigations, field investigations, ha State University, rces, North Carolina of gibberellIic acid and 1. sessments% Wetland ed Species (Mitigation Atlanta, Georgia ces, environmental )posal and budget d investigations, and kssociates, Inc.; Raleigh, is, endangered species ties included project ind report preparation. I Strawberry bush Sweetbay magnolia Sweetgum Tulip poplar Virginia creeper White oak Wild ginger Wild hydrangea Wooly mullein Animal species American crow Blue jay Carolina chickadee Mourning dove Red-bellied woodpecker Rufous-sided towhee Slate-gray junco Tufted titmouse White-tailed deer White-throated sparrow Yellow-rumped warbler Yellow-shafted flicker Euonymus americanus Magnolia virginiana Liquidambar styraciflua Liriodendron tulipifera Parthenocissus quinquefolia Quercus alba Hexastylis virginianum Hydrangea sp. Verbascum thapsus Corvus brachyrhynchos Cyanocitta cristata Parus carolinensis Zenaida macroura Melanerpes carolinus Pipilo erythropthalmus junco hyemalis Parus bicolor Odocoileus virginianus Zonotrichia albicollis Dendroica coronata Colaptes auratus APPENDIX 3. RARE AND PROTECTED ANIMAL SPECIES OF W. COMMON NAME Scientific Name Atlantic pigtoe Fusconaia masoni Carolina madtom Noturus furiosus Loggerhead shrike Lanius ludovicianus ludovicianus Neuse River waterdog Necturus lewisi Pine barrens treefrog Hyla andersor.ii Rafinesque's big-eared bat Corynorhinus rafinesquii Red-cockaded woodpecker Pieoides borealis Roanoke slabshell Elliptio roanokensis LEGAL HABITAT FC, NT High-quality lotic habitat streams and rivers SC Streams, rivers, Neuse Rivi drainage SC Open fields near forest edg hardwood forests SC Rivers and large streams, l and Tar River drainages SR Pocosins, bay forests, bogs SC Buildings, caves, near FE, NE Mature pine forests NT High quality lotic habitat *LEGAL STATUS: FE Listed as Endangered, FWS. FT Listed as Threatened, FWS. FC Candidate for federal listing [not legally protected]. NE Listed as Endangered by the North Carolina Wildlife Resources Cor NT Listed as Threatened by the North Carolina Wildlife Resources Cor. SC Listed as Special Concern by the North Carolina Wildlife Resources SR Significantly Rare. Species is listed by the North Carolina Natural f but is not legally protected. "SPECIES AND HABITAT STATUS ON STUDY AREA: HP Habitat present on study area. MP Marginal habitat present on study area NP Habitat not present on study area. SP Species present on study area. NO Species not observed on study area. NS Specialized sampling required to determine species presence; not i I I ? E COUNTY CIES AND T STATUS >Y AREA** NP: NP I, NP' Pi N MP, NO e Program during I i i ? i survey. f?0 APPENDDC 4. RARE AND PROTECTED PLANT SPECIES OF WAYNE COUNTY SPECIES AND COMMON NAME LEGAL HABITAT HABITAT STATUS Scientific Name STATUS* REQUIREMENTS ON STUDY AREA** Canby's bulrush SR Habitat information unavailable NO Schoenoplectus etubrculatus Not listed in Weakley (1993) Florida bladdewort SR Habitat information unavailable NO Utricularis floridana Not listed in Weakley (1993) Heartleaf sandmat NC Sandhills, sparse forests NP Chamaesyce cordifolia Pondspice NC Lime sinks, ponds' MP, NO Litsea aestivalis Soft milk-pea NC Sand hills NP Galactia mollis Wire sedge NC Sandhill forests NP Carex tenax *LEGAL STATUS: FE Listed as Endangered, FWS. FT Listed as Threatened, FWS. FC Candidate for federal listing [not legally protected]. NE Listed as Endangered by the North Carolina Department of Agriculture. NT Listed as Threatened by the North Carolina Department of Agriculture. SC Listed as Special Concern by the North Carolina Department of Agriculture. NC Candidate for listing by the North Carolina Natural Heritage Program but not legally protected. SR Significantly Rare. Species is listed by the North Carolina Natural Heritage Program but is not legally protected. "SPECIES AND HABITAT STATUS ON STUDY AREA: HP Habitat present on study area. W Marginal habitat present on study area NP Habitat not present on study area. SP Species present on study area. NO Species not observed on study area. NS Specialized sampling required to determine species presence; not conducted during this survey. 4 5. COE DATA SHEETS 1988 to 1990 Graduate Teaching Assistant in Forestry and Natural Resources, North Carolina State University, Raleigh, North Carolina 1988 to 1990 Research Technician, North Carolina State University, Raleigh, North Carolina Principal grant writer and author of project report to the Grant Committee of the NCSU Forest Biology Research Center: "Effects of Canopy Transmission of PAR Light on Cypripedium acaule in Schenck Forest." 1986 Research Technician, Clemson University, U.S. Forest Service Research Lab, Charleston, South Carolina Soil aeration study with steel rod indicators, gas exchange study of tissues from loblolly pine in inundated soils., rooted cutting culture of loblolly pine, and root growth study of loblolly pine in saturated soils. Selected Project Experience with Garrow & Associates, Inc. Wetlands and Protected Species Surveys and Environmental Assessments Highway 78 and Rockdale Circle Intersection Improvements, Gwinnett County, Georgia (for Gwinnett County DOT and Comumbia Engineering, Inc.) Fort Benning Historical Preservation Plan-Tree Inventory, Columbus, Georgia (for National Park Service). Effingham County Industrial Park, Effingham County, Georgia (for Effingham County Industrial Authority and EMC Engineering, Inc.). Includes Gopher Tortoise Relocation to Burke County, Georgia. AT&T Fiber Optic Line Corridor, Catoosa and Whitfield Counties, Georgia (for Byers Engineering Company). Barnesville Reservoir expansion, Lamar County, Georgia (for Stephenson and Palmer Engineering, Inc. and the City of Barnesville). Includes mitigation planning. ETNG to SONAT Interconnect Gas Pipeline, Catoosa County, Georgia (for East Tennessee Natural Gas). Paw Creek Pump Station expansion, Mecklenburg County, North Carolina (for Charlotte-Mecklenburg Utility Department and Jordan, Jones, and Goulding, Inc.). Maplewood Waste Disposal Facility wetlands mitigation monitoring, Amelia County, Virginia (for Chambers Development Corporation, Inc.) William R. Nethery Page - 2 Catawba River Pump Station and Raw Water Intake upgrade, North Carolina (for Metcalf & Eddy, Inc.). Cherokee County Landfill expansion, Cherokee County, Municipal Engineering Services, Inc.). George T. Bagby State Park golf course, Clay County, Georgia Recreation and Historic Sites Division). Suwanee Water Reclamation Facility, Ivey Creek Site, Gwinnett Metcalf & Eddy, Inc.). i i iburg County, Carolina ;(for i I ieorgial Parks, 7, Georgia,' (for Legacy Golf Course, Rockdale County, Georgia (for Rec$eation International Investment Group, Inc.). I U.S. 27 Improvements, Advanced Planning Report, Chattanooga, T Department of Transportation (for Parsons DeLeuw, Inc.). Sunset-Tallokas 46 kV transmission line, Colquitt County, Geo?gia (for Power Corporation). perties New Georgia Landfill expansion, Jefferson County, Alabama (fo Khafra Engineering Associates). i Chadwick Road Landfill expansion, Fulton County, Georgia (fo EMCON Southeast, Inc.). I Nashville Landport transportation facility, Nashville, Ten essee (for Parsons Brinckerhoff Quade & Douglas). Bear Creek Reservoir, Jackson County, Georgia (for the Upper O nee Basin Group). I 'i Selected Project Experience with Robert J. Goldstein & Associates, Ind. Long Creek sewerline and wastewater treatment plant, Cit of Gastonia, North Carolina (for J. N. Pease Associates, Engineers). i Environmental Compliance Assessment and Management Progr m, Seymour Johnson Air Force Base, Goldsboro, North Carolina (for the U.S. Air Force). I Sedimentation and Best Management Practices forestry co lting, Union Grove, North Carolina (for G & G Lumber Company). I Coastal Chemical site, Southampton County, Virginia (for Coast 1 Chemical Inc.). Walnut Creek Greenways cumulative wetland impact asses ment, Raleilgh North Carolina (for the City of Raleigh, Parks and Recreation Departm nt). j I William R. Nethery Page - 3 I i fit: , Ht:I' , F HLL LHKL Noah Carolina Wildhfe Resources Conunission f ' 12 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733,'33()l Charles R. Fullwood, Executive Director MT\1( ) \l ti ti.' FO John 1>orrie:N Division ot'Water Q11 'ty / (y 4 FROM: Owen 1? . Anderson, Pi ont Region Coordinator Habitat Conservation Program F)ATF tizptem(,cr.29. 11996 SUBJECT. 401 Watcr `'QUality Certification for Wayne County for a Municipal I andfill, Edwards Branch. Neuse River Basin, 960841 staff biologists with th" the subject application for 401 impacts on aquatic habitats. C; of the Fish and wildhic coo,,_! Section 401(b) of the Clean ++ o, Statutcs (G.S. 113-111 er sztl. j. Carolina Wildlife Resources Commission have reviewed itv Certification with respect to anticipated project nts are provided in accordance with certain provisions ,t (Star. 401, as amended, 16 13.S.C. 061 et. seq.), and Acs, ;,± 1977 (as amended), and North Carolina Genera] the applicant proposes to impact 3.0 acres of high quality botton land hardwood wetlands under- NW 26 for the construction of a municipal land fill. `C'here arc a lotal of"! 9,0 acres of ww,etlantis ort the site. We agree that placing the new landfill next to the existing landfill is logical and probably reduces overal I erivirotunental impacts. However, the lass of three acres of high-quality botton land hardwood wetlands is of concern, especially since the loss is in the nutrient sensitive Neuse River Basin. l'he Neuse Diver in its lower reaches is already so polluted that fish kills are becoming common, requiring issuance of health advisories and fishing moratoriums. the document states that there are some v=al pools lined with sphagnum moss along the Edward's Branch floodplain. It is not clear if these also occur along the narrow tributaries to be impacted. These pools are very significant for many amphibian species, which are declining, I-:fforts should be made to reduce the amount of wetlands to be impacted. [Unavoidable wetland impacts should he mitigated fur through restoration of converted wetlands. We request that the pen-nit be conditioned as follows: Place deed restrictions on the property to protect the remaining; wetlands anti prevent any Allure wetland destruction by current or future owners. I E L 1`_+-v?:- a,y ,_? Yep 5U tit, . ,. .w ?,. NC1j1R H(_ F FHL1_.. L_Hf`F T F I . ` 1 ` -;e f_ N0 . UU 1 F . U.5 Wayne. County Land-Fill ? September ?y, 1996 96t)S-+ I Suilicicirt water should be routed to wmaining wethinds to maintain hydrology. However, energy ShOUld be dissipated to prevent scouring of the wetlands. 3. RcclulrC mitigation through restoration Of prior converted hottontland hardwood wetlands at a rant) Of 3.1 (restored:destroyed). It would be preferable if the wetlands restored were headwater wetlands. If vernal pools are to be impacted, they should be mitigated at 2:1 (created:destroved) and be of similar size and depth and in proximity of similar thahitat as thosk, diGSlrovtd. Thank N o i for the opportunity to provide input into the review process. Tf wr c ;tn Iie of further assistance. please contact our officc tit (919) 528-9886. cc: kill I3iddlecome, Washington Office Corps of Fnvineers Johi1 Heti7cr, Stipcrvisinp Biologist, tiSFWS 1 141- 'w;0 r