20191527 Ver 1_U-5530LA PCE Checklist FINAL 5-17-16_20191105

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
U-5530LA Categorical Exclusion May 20161
TIP Project No.U-5530LA
WBS Element 44111.1.FD5
Federal Project No.STPDA-0406(7)
A.Project Description:
The proposed project involves installing a 10-foot wide asphalt greenway path
with 2-foot gravel shoulders and an 8.3-foot high by 12-foot wide concrete box
culvert for pedestrians and bicyclists under N. O’Neil Street in the Town of
Clayton. This proposed project will connect Phase I and Phase II of Sam’s
Branch Greenway. This pedestrian underpass project is funded through
Transportation Alternative Program (TAP) funds. The project area and proposed
design are shown in Figures 1 – 2.
A Transportation Improvement Feasibility & Impact Analysis (September 2012)
studied both at-grade and grade separation options for the proposed O’Neil Street
crossing. That study recommended holding the elevation of O’Neil Street and
grade separating the pedestrian culvert, which is consistent with the current
design. The Sam’s Branch Greenway (from Shotwell Road to the Neuse River) is
included on the 2040 Capital Area Metropolitan Planning Organization
(CAMPO) Metropolitan Transportation Plan (MTP). Phase I of the Sam’s
Branch Greenway (from the Neuse River to just east of O’Neil Street) is open for
use. Phase II (from just west of O’Neil Street to City Road) is in the planning and
design phase as Project U-5530LB. There is currently no project underway to
connect Sam’s Branch Greenway from City Road to Shotwell Road. The Town
of Clayton anticipates construction for U-5530LA to begin Summer 2017.
B.Purpose and Need:
The purpose of this project is to connect the Sam’s Branch Greenway, a major
pedestrian and cyclist user facility, across O’Neil Street. The Sam’s Branch
Greenway will ultimately connect the Neuse River and Mountains-to-Sea Trail
with Clemmons State Forest.
C.Proposed Improvements:
Circle one or more of the following Type I activities:
1.Non-construction activities (program activities).
2.Approval of utility installations along or across a transportation facility.
3.Construction of bicycle and pedestrian lanes, paths, and facilities.
4.Activities included in the State’s “highway safety plan” under 23 USC 402
(programs administered by the Division of Motor Vehicles).
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
U-5530LA Categorical Exclusion May 20162
5.Transfer of Federal lands pursuant to 23 USC 317 when the subsequent
action is not a FHWA action.
6.The installation of noise barriers or alterations to existing publicly owned
buildings to provide for noise reduction.
7.Landscaping.
8.Installation of fencing, signs, pavement markings, small passenger
shelters, traffic signals, and railroad warning devices.
9.Emergency repairs under 23 USC 125 (Governor Declared Emergency).
10.Acquisition of scenic easements.
11.Determination of payback under 23 CFR Part 480 for property previously
acquired with federal-aid participation.
12.Improvements to existing rest areas and truck weigh stations.
13.Ridesharing activities.
14.Bus and Rail car rehabilitation.
15.Alterations to facilities or vehicles in order to make them accessible for
elderly and handicapped persons.
16.Program administration, technical assistance activities, and operating
assistance to transit authorities to continue existing service or increase
service to meet changes in routine demand.
17.The purchase of vehicles by the applicant where the use of these vehicles
can be accommodated by existing facilities or by new facilities which
themselves are within a CE.
18.Track and rail bed maintenance and improvements when carried out
within the existing right of way.
19.Purchase and installation of operating or maintenance equipment to be
located within the transit facility and with no significant impacts off the
site.
20.Promulgation of rules, regulations and directives.
21.Replacement of guardrail.
Circle one or more of the following Type II activities:
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
U-5530LA Categorical Exclusion May 20163
1.Modernization of a highway by resurfacing, restoration, rehabilitation,
reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking,
weaving, turning, climbing).
a.Restoring, Resurfacing, Rehabilitating, and Reconstructing
pavement (3R and 4R improvements)
b.Widening roadway and shoulders without adding through lanes
c.Modernizing gore treatments
d.Constructing lane improvements (merge, auxiliary, and turn lanes)
e.Adding shoulder drains
f.Replacing and rehabilitating culverts, inlets, and drainage pipes,
including safety treatments
g.Providing driveway pipes
h.Performing minor bridge widening (less than one through lane)
i.Slide Stabilization
j.Structural BMP’s for water quality improvement
2.Highway safety or traffic operations improvement projects including the
installation of ramp metering control devices and lighting.
a.Installing ramp metering devices
b.Installing lights
c.Adding or upgrading guardrail
d.Installing safety barriers including Jersey type barriers and pier
protection
e.Installing or replacing impact attenuators
f.Upgrading medians including adding or upgrading median barriers
g.Improving intersections including relocation and/or realignment
h.Making minor roadway realignment
i.Channelizing traffic
j.Performing clear zone safety improvements including removing
hazards and flattening slopes
k.Implementing traffic aid systems, signals, and motorist aid
l.Installing bridge safety hardware including bridge rail retrofit
3.Bridge rehabilitation, reconstruction, or replacement or the construction of
grade separation to replace existing at-grade railroad crossings.
a.Rehabilitating, reconstructing, or replacing bridge approach slabs
b.Rehabilitating or replacing bridge decks
c.Rehabilitating bridges including painting (no red lead paint), scour
repair, fender systems, and minor structural improvements
d.Replacing a bridge (structure and/or fill)
4.Transportation corridor fringe parking facilities.
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
U-5530LA Categorical Exclusion May 20164
5.Construction of new truck weigh stations or rest areas.
6.Approvals for disposal of excess right-of-way or for joint or limited use of
right-of-way, where the proposed use does not have significant adverse
impacts.
7.Approvals for changes in access control.
8.Construction of new bus storage and maintenance facilities in areas used
predominantly for industrial or transportation purposes where such
construction is not inconsistent with existing zoning and located on or near
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.
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
U-5530LA Categorical Exclusion May 20165
D.Special Project Information:
Sam’s Branch flows under O’Neil Street in an existing 8.5-foot high x 14-foot
wide, 56-foot long corrugated aluminum arch culvert with concrete bottom and
headwalls. This culvert will remain in place. The new 8.3-foot high by 12-foot
wide culvert will be placed approximately 50 feet north of Sam's Branch and will
allow pedestrian movement under O'Neil Street.
The study area is within the Neuse River Basin, which has 50-foot riparian buffer
requirements that begin at the top of bank. The first 30 feet is Buffer Zone 1 and
the following 20 feet is Buffer Zone 2. There are no Outstanding Resource
Waters or High Quality Waters near the proposed project. The project is located
in a WS-IV Nutrient Sensitive Water (NSW) Water Supply Watershed.
No impacts to wetlands are anticipated as a result of this project. The National
Wetlands Inventory (NWI) shows wetlands within the project limits (Figure 2).
However, based on a field review by a Kimley-Horn Biologist, no wetlands are
anticipated to be impacted by the project. Wetland and stream delineations will
be conducted during final design, prior to construction. If necessary, appropriate
permit applications will be prepared.
Based on 60% design plans, the proposed pedestrian culvert is anticipated to be
approximately 68 feet long. The proposed project includes relocation of an
existing ditch east of O’Neil Street and a new ditch west of O’Neil Street, which
combined will result in approximately 625 square feet (sf) of work within the
stream banks, 1700 sf of work within Zone 1 of the buffer, and 2395 sf of work
within Zone 2 of the buffer.
The proposed project is within the Special Flood Hazard Area (SFHA) of Sam’s
Branch Creek. The project is also within the floodplain and floodway, as shown
in Figure 2. There is no regulatory floodway in this area of Sam’s Branch Creek.
The US Fish and Wildlife Service (USFWS) lists four endangered species for
Johnston County: dwarf wedgemussel, Michaux’s sumac, red-cockaded
woodpecker, and Tar River spinymussel. There are no recorded occurrences of
any federally listed species within the project area, according to the NC Natural
Heritage Program records (updated April 2015). A summary of the protected
species survey is in the appendix. Project specific effects are described below.
·Due to lack of suitable habitat and a lack of known occurrences in or near
the project vicinity for Michaux’s sumac and red-cockaded woodpecker, it
has been determined that the proposed project will have “No Effect” on
these two species.
·Suitable habitat is present for both the dwarf wedgemussel and Tar River
spinymussel within the study area, specifically within the stream channel
of Sam's Branch. However, due to the lack of known occurrences in or
near the project boundary and the fact that the project is avoiding impacts
to the stream channel, it has been determined, in coordination with the
NCDOT Biological Surveys Group, that the proposed project will have
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
U-5530LA Categorical Exclusion May 20166
“No Effect.” However, if impacts to the stream channel occur, additional
coordination with NCDOT and USFWS regarding possible impacts to
dwarf wedgemussel and the Tar River spinymussel will be required.
No residential or business relocations will be required. A total of 11 school buses
from the Johnston County School System travel the project area. The School
Transportation Department did not express concern over closing the road during
construction (see letter in the appendix).
According to a letter provided by the State Historic Preservation Office (SHPO)
on October 28, 2014, there are no resources listed on or eligible for the National
Register of Historic Places which would be affected by the project. There are no
other Section 4(f) resources in the study area. There are no Section 6(f) resources
in the study area. No further study is needed for these resources.
The estimated construction cost for the Sam’s Branch Multi-Use Path Grade
Separation is approximately $600,000.
A joint public meeting was held January 8, 2015 for the O’Neil Street crossing,
Phase II of the Sam’s Branch Greenway, and the Town’s Comprehensive Growth
Plan update. Approximately 60 citizens attended the meeting. There were no
concerns expressed about the crossing of O’Neil Street at the meeting and no
written comments were received.
A scoping letter was sent to federal, state, and local agencies on September 22,
2014. The following project specific comments were received in response to the
scoping letter:
North Carolina Division of Water Resources (NCDWR): NCDWR
recommends highly protective sediment and erosion control Best Management
Practices (BMPs) should be implemented to reduce the risk of nutrient runoff to
Williams Creek and its tributaries. Additionally, the NCDWR requests that road
design plans provide treatment of the storm water runoff through BMPs as
detailed in the most recent version of the NCDOT Stormwater BMPs Toolbox
manual. Riparian buffer impacts shall be avoided and minimized to the greatest
extent possible pursuant to 15A NCAC 2B.0233. New development activities
located in the protected 50-foot wide riparian areas within the basin shall be
limited to “uses” identified within and constructed in accordance with 15A NCAC
2B.0233. a buffer mitigation plan, including use of the NC Ecosystem
Enhancement Program, must be provided to the NCDWR prior to approval of the
Water Quality Certification.
Response: Sediment and erosion control BMPs will be implemented and
provided on road design plans. A buffer mitigation plan will be provided
to NCDWR and a Water Quality Certification will be acquired.
Division of Emergency Management:NCDOT Hydraulics Section and NC
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
U-5530LA Categorical Exclusion May 20167
Floodplain Mapping Program have a Memorandum Of Agreement (MOA) to
ensure NCDOT complies with the FHWA floodplain management requirements.
Please coordinate with Mr. David Chang, NCDOT Hydraulics, to determine if the
proposed greenway crossing is eligible to fall within the MOA.
Response:Project impacts are anticipated to meet the requirements
established in the MOA. The design engineer will confirm with David
Chang during final design.
US Environmental Protection Agency (USEPA): It would be advisable to
install LED lights with either motion-detection or a light-level sensor inside the
culvert as a safety measure. Wetland delineations will need to be performed and
verified by the US Army Corps of Engineers (USACE). Both 401 and 404
permits will be needed for this project. Engineering design should avoid and then
minimize impacts to the stream and wetland resources as well as provide positive
drainage on the walkway and inside the culvert to prevent standing water.
Response:The Town will install conduit, light receptacles, and power
through the pedestrian culvert to allow for future addition of lighting for
pedestrians. Wetlands will be delineated and verified by the USACE
during design and 401 and 404 permits will be obtained. Positive drainage
will be provided on the walkway.
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
U-5530LA Categorical Exclusion May 20168
E.Threshold Criteria
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?N/A
(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
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
U-5530LA Categorical Exclusion May 20169
(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
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?N/A
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
U-5530LA Categorical Exclusion May 201610
(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
(30) Will the project require the use of Section 4(f) resources
(public parks, 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
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM

U-5530LA Categorical Exclusion May 2016 i
Johnston County
Sam’s Branch Multi-Use Path Grade Separation
Federal Aid Project No. STPDA-0406(7)
WBS No. 44111.1.FD5
TIP Project No. U-5530LA

All standard procedures and measures, including North Carolina Department of Transportation’s
(NCDOT’s) Best Management Practices for Protection of Surface Waters, Guidelines for Best
Management Practices for Bridge Demolition and Removal, will be implemented, as applicable,
to avoid or minimize environmental impacts. The following special commitments have been
agreed to by NCDOT:

Commitments Developed through Project Development and Design

Natural Environment Section
The US Fish and Wildlife Service (USFWS) has developed a programmatic biological opinion
(PBO) in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of
Engineers (USACE), and NCDOT for the northern long-eared bat (NLEB) (Myotis
septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT program in
Divisions 1-8, including all NCDOT projects and activities. The programmatic determination for
NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The PBO provides
incidental take coverage for NLEB and will ensure compliance with Section 7 of the Endangered
Species Act for five years for all NCDOT projects with a federal nexus in Divisions 1-8, which
includes Johnston County, where U-5530LA is located. This level of incidental take is
authorized from the effective date of a final listing determination through April 30, 2020.

Project requirement for PBO compliance:
After project completion, the contract administrator for construction must submit the actual
amount of tree clearing reported in tenths of acres. This information should be submitted at:
https://connect.ncdot.gov/site/construction/biosurveys/Lists/Northern%20Long%20Eared%20Ba
t/Allitems.aspx

Please contact Cheryl Gregory ([e-mail]), Natural Environment Section –
Biological Surveys with any questions.

Natural Environmental Section
Streams and wetlands will be delineated during final design.

Roadway/Structure Design and Contractor
Impacts will be limited to the stream banks. Impacts to the stream channel will be avoided. If
impacts to the stream channel occur, additional coordination with NCDOT and USFWS
regarding possible impacts to dwarf wedgemussel and the Tar River spinymussel will be
required.
^_
Johnston County
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Figure 1Vicinity MapSam's Branch Multi-Use PathGrade SeparationTIP Project No. U-5530LAClayton, Johnston County
JohnstonCounty
Town ofClayton
^_Grade Separation Location
Sam's Branch Phase I
Sam's Branch Phase II
Mountain to Sea Trail
Town of Clayton
County Boundary
0 1 2Miles
Wake County
NO'NeilStreetS
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Sam's Branch Multi-Use Path
Phase I (Existing)
Sam's Branch Multi-Use Path
Phase II (U-5530 LB)
Sam's Branch Multi-Use Path
Grade Separation (U-5530 LA)
!I
0 150 300
Feet
Figure 2
Design and Environmental Features
Sam's Branch Multi-Use Path
Grade Separation
TIP Project No. U-5530LA
Clayton, Johnston County
Proposed Edge of Travel
U-5530LB Project Limits
U-5530LA Project Limits
Stream
NWI Wetland
100-Year Floodplain

North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory Office of Archives and History
Secretary Susan Kluttz Deputy Secretary Kevin Cherry
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

October 28, 2014

David DeYoung
Town of Clayton
PO Box 879
Clayton, NC 27528

Re: Sam’s Branch Multi-Use Path Grade Separation Under O’Neil Street, Clayton, U-5530 LA,
Johnston County, ER 14-2370
Dear Mr. DeYoung:
Thank you for your letter of October 14, 2014, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.

The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.

Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or
[e-mail]. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,

Ramona M. Bartos

1
From:Van Der Wiele, Cynthia <[e-mail]>
Sent:Thursday, October 30, 2014 2:44 PM
To:David DeYoung
Subject:NCDOT TIP U-5530LA Sam's Branch Multi-Use Path Grade Separation
Importance:High
Dear Mr. DeYoung:
The USEPA has reviewed the proposed Sam’s Branch Multi-use Path Grade Separation/Pedestrian Walkway Project
(NCDOT STIP Project U-5530LA). In the scoping letter, you indicated that an 8’ X 12’ box culvert would be installed for
bicycle and pedestrian access. However, you did not indicate the length of the culvert. It would be advisable to install
LED lights with either a motion-detection or light-level sensor to provide lighting inside the culvert as a safety measure.
I used NEPAssist to examine whether or not USEPA has any hazardous waste, TRI, TSCA, Superfund, etc. types of sites in
the project area. There appears to be FEMA flood areas along with wetlands within the project site; wetland
delineations will need to be performed and then verified by the US Army Corps of Engineers. You will need both 401
and 404 permits for the project. Engineering design should avoid and then minimize impacts to stream and wetland
resources as well as provide positive drainage on the walkway and inside the culvert to prevent standing water.
USEPA does not have any other particular concerns regarding this project. Generally, projects that support additional
modes of transportation (i.e., bicycle and pedestrian accommodations) are favored by USEPA as they have the potential
to reduce toxic air emissions through mobile sources (i.e., vehicles) and serve to provide critical linkages for a variety of
sociodemographic communities to various points of interest in the area.
Thank you for the opportunity to comment on this project.
Best,
Cynthia
Cynthia F. Van Der Wiele, Ph.D.
USEPA Region 4 NEPA Program Office
NCDOT 404/NEPA Interagency Team
Durham, NC
1
From:Debra Bridges <[e-mail]>
Sent:Monday, October 20, 2014 11:35 AM
To:David DeYoung
Subject:Sam Branch Trl Tunnel construction and O'Neil St closure
Hi Dave,
I left you a voice mail but am following up with an email.
We received a letter from the Town of Clayton Planning Dept regarding the project development for the
proposed Sam's Branch Multi-Use Patch Grade Separation under O'Neil St. This letter mentioned that O'Neil St
will be closed during construction (anticipated approximately 45 days).
I looked in our bus routing database and we currently have 11 buses that travel that section of O'Neil St. and
looks like it will be between a 3.0 - 3.5 mile detour for those buses.
I was wanting to get more detailed information on when this road closure would planned for so we would be
able to adequately re-route those buses and have someone contact the students who would be affected by the
change.
Thanks,
Debra Bridges
Growth & Planning Supv
Johnston County Schools Transportation Dept
Office: 919-934-8340 x130
Hours 6:00 AM - 3:00 PM
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolin a 27 636-37 26
October 20.2014
David DeYoung
Town of Clayton
P.O. Box 879
Clayton, North Carolina 27528
Dear Mr. DeYoung:
This letter is in response to your letter of October 14, 2014 regarding the proposed Sam's Branch
Multi-Use Path Grade Separation, a pedestrian walkway under O'Neil Street in Johnston County,
North Carolina (TIP No. U-5530LA). These comments provide information in accordance with
provisions of the National Environmental Policy Act (42 U.S.C. aT2Q)@)) and Section 7 of the
Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).
Given the limited scope of the project, we anticipate that impacts to fish and wildlife habitat will
be minimal. Based on the information submitted, it is unlikely that any federally threatened or
endangered species would occur within the project area. Therefore, we have no objections to
this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at
(el9) 8s6-4s20 (Ext. 32).
United States Department of the Interior
Sincerely,
M|\^ ru\VJ'"*
W Pete Benjamin' Field Supervisor

kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919-677-2000

MEMORANDUM
To: NCDOT Project Manager
From: Ross Sullivan
Date: May 10, 2016
Subject: Protected Species Summary for Sam’s Branch Multi-Use Path Grade Separation
(U-5530LA), Clayton, Johnston County, North Carolina

Methodology and Qualifications
Fieldwork was conducted on September 23, 2014. The principal personnel contributing to this
document were:
Investigator: Jason Hartshorn
Education: B.S. Environmental Technology and Management, 2011
Experience: Environmental Analyst, Kimley-Horn and Associates, Inc. 2011-Present
Responsibilities: Wetland and stream delineations, stream assessment, natural community
assessment, T/E species assessment, document preparation, GPS/GIS, quality
assurance and quality control for deliverables.

Investigator: Ross Sullivan
Education: Masters of Natural Resources (MNR), Assessment and Analysis Technical Option,
2014; Graduate Certificate in Geographic Information Systems, 2014; B.S. Social
Psychology, 2008
Experience: Environmental Analyst, Kimley-Horn and Associates, Inc. 2014-Present
Responsibilities: Wetland and stream delineations, stream assessment, natural community
assessment, T/E species assessment, document preparation, GPS/GIS, quality
assurance and quality control for deliverables.

Federally Threatened or Endangered Species
Federally protected species listed by the United States Fish and Wildlife Service (USFWS) for
Johnston County are shown in the table below per the most recent published listing (December 27,
2012). A brief description of each species’ habitat requirements follows, along with the Biological
Conclusion rendered based on survey results in the study area. Habitat requirements for each
species are based on the current best available information from referenced literature and/or USFWS.

Page 2
kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919-677-2000

Table 1. Federally protected species listed for Johnston County
Scientific Name Common Name Federal
Status
Habitat
Present
Biological
Conclusion
Picoides borealis Red-cockaded
woodpecker E No No effect
Alasmidonta heterodon Dwarf wedgemussel E Yes No Effect
Elliptio steinstansana Tar River spinymussel E Yes No Effect
Rhus michauxii Michaux’s sumac E No No effect
E - Endangered
Red-cockaded woodpecker
USFWS optimal survey window: Year round; November – early March (optimal)
Habitat Description: The red-cockaded woodpecker (RCW) typically occupies open, mature stands of
southern pines, particularly longleaf pine, for foraging and nesting/roosting habitat. The RCW
excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, and which are
contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of
the RCW is normally no more than 0.5 miles.

Biological Conclusion: No Effect
A review of NCNHP records, updated July 2015, indicates no known RCW occurrence within 1.0 mile
of the study area. The forest on Site consists of a bottomland hardwood forest that is dominated by a
dense canopy of oak and hickory species. No suitable foraging or nesting habitat was observed on
Site. Due to a lack of suitable habitat and a lack of known occurrences in or near the project vicinity, it
has been determined that the proposed project will have “No Effect” on this species.
Dwarf wedgemussel
USFWS optimal survey window: Year round
In North Carolina, the dwarf wedgemussel is known from the Neuse and Tar River drainages. The
mussel inhabits creek and river areas with a slow to moderate current and sand, gravel, or firm silt
bottoms. Water in these areas must be well oxygenated. Stream banks in these areas are generally
stable with extensive root systems holding soils in place.

Biological Conclusion: No Effect
Suitable habitat for dwarf wedgemussel is present within the study area in Sam’s Branch. However,
the proposed project will avoid impacts to the stream channel. A review of NCNHP records, updated
July 2015, indicates no known current dwarf wedgemussel occurrences within approximately 18.0
river miles of the study area. The nearest known current population is in Swift Creek. There is a
historical occurrence approximately12 river miles away from the study area in the Neuse River that
was last observed in 1951. However, due to the lack of known occurrences in or near the project
boundary and the fact that the project is avoiding impacts to the stream channel, it has been
determined that the proposed project will have “No Effect” on the dwarf wedgemussel.
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Tar River spinymussel
USFWS optimal survey window: Year round
The Tar spinymussel is endemic to the Tar and Neuse River drainage basins in North Carolina. This
mussel requires a stream with fast flowing, well-oxygenated, circumneutral pH water. The bottom
should be composed of unconsolidated gravel and coarse sand. The water needs to be relatively silt -
free, and stream banks should be stable, typically with many roots from adjacent riparian trees and
shrubs.

Biological Conclusion: No Effect
Suitable habitat for Tar River spinymussel is present within the study area in Sam’s Branch. However,
the proposed project will avoid impacts to the stream channel. A review of NCNHP records, updated
July 2015, indicates no known Tar River spinymussel occurrences within approximately 74.0 river
miles of the study area. The nearest known current population is in the Little River. However, due to
the lack of known occurrences in or near the project boundary and the fact that the project is avoiding
impacts to the stream channel, it has been determined that the proposed project will have “No Effect”
on the Tar River spinymussel.
Michaux’s sumac
USFWS optimal survey window: May-October
Michaux’s sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky,
open, upland woods on acidic or circumneutral, well-drained sands or sandy loam soils with low
cation exchange capacities. The species is also found on maintained railroad, roadside, power line,
and utility rights-of-way; areas where forest canopies have been opened up by blowdowns and/or
storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense
pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings
undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic
rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e.g. mowing,
clearing, grazing, and periodic fire) maintains its open habitat.

Biological Conclusion: No Effect
Suitable habitat for Michaux’s sumac does not exist in the Site along the roadside and maintained
forest edges. The areas along the roadside are blanketed by kudzu (Pueraria montana) and not
suitable for Michaux’s sumac, and the open grass areas are too frequently maintained through
mowing and herbicide application for Michaux’s sumac survival. Further, no sumac species were
observed within the project boundary during the Site visit. A review of NCNHP records, updated July
2015, indicates no known occurrence of Michaux’s sumac within one mile of the project boundary.
Due to a lack of suitable habitat and a lack of known occurrences in or near the project vicinity, it has
been determined that the proposed project will have “No Effect” on this species.

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Bald Eagle and Golden Eagle Protection Act
Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water
for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water.

A desktop-GIS assessment of the Site, as well as the area within a 1 mile radius of the project limits,
was performed on April 6, 2015 using 2014 color aerials.
A large pond (~15 acres) and the Neuse River are both within one mile of the project study area.
However, suitable nesting habitat was not located on the Site plus a 660 foot radius. A review of the
NCNHP database, updated July 2015, revealed no known occurrences of this species within 1.0 mile
of the project study area. Due to the lack of habitat, known occurrences, and the minimal impact
anticipated for this project, it has been determined that this project will not affect this species.
Northern long-eared bat
The US Fish and Wildlife Service (USFWS) has developed a programmatic biological opinion (PBO)
in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers
(USACE), and NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionalis) in eastern
North Carolina. The PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT
projects and activities. The programmatic determination for NLEB for the NCDOT program is May
Affect, Likely to Adversely Affect. The PBO provides incidental take coverage for NLEB and will
ensure compliance with Section 7 of the Endangered Species Act for five ye ars for all NCDOT
projects with a federal nexus in Divisions 1-8, which includes Johnston County, where U-5530LA is
located. This level of incidental take is authorized from the effective date of a final listing
determination through April 30, 2020.