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HomeMy WebLinkAboutU-3630 „a $U7Fy d ?aay? Mwn STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. Box 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON GOVERNOR May 21, 1999 US Army Corps of Engineers Raleigh Field Office 6508 Falls of the Neuse Road, Suite 12( Raleigh, North Carolina 27615 ATTENTION: Mr. Eric C. Alsmever. NCDOT Coordinator Dear Sir: SECRETARY Subject: Chatham County, Resurface and Widen US 64 From SR 1943 (Gum Springs Church Road) to 0.1 mile East of SR 1572 (Eubanks Road), Federal Project No. STP- 64(39), State Project No. 8.152160 1, T.I.P. U-3630. Please find enclosed three copies of the project planning report for the above referenced project. The North Carolina Department of Transportation proposes to widen existing US 64 for a distance of approximately 0.6 miles. Approximately 0.001 hectares (0.01 acres) of jurisdictional wetlands may be affected by the construction of the proposed project. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit, but propose to proceed under Nationwide Permit 23 in accordance with the Federal Register of December 13, 1996, Part VII, Volume 61, Number 241. We anticipate a 401 General Certification will apply to this project, and are providing one copy of the CE document to the North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality, as a courtesy copy for their review. . + a If you have any questions or need additional information please call Ms. Alice N. Gordon at 733-7844 Ext. 307. Sincerely, Z9. L- William D. Gilmore, P.E., Manager Planning and Environmental Branch cc: w/attachment Mr. David Franklin, Corps of Engineers, Wilmington Field Office Mr. John Dorney, NCDENR, Division of Water Quality Mr. Whit Webb, P.E., Program Development Branch Mr. R. L. Hill, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. William J. Rogers, P.E., Structure Design Unit Mr. Tom Shearin, P.E., Roadway Design Unit Mr. J. G. Nance, P.E., Division 5 Engineer Ms. Cindy Sharer, P.E., P & E Project Planning Engineer Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 TIP Project No. U - 3630 State Project No. 8.1521601 Federal Project No. STP-64(39) A. Project Description: Resurface and widen US 64 to provide 0.6 in (foot) 12aved shoulders from SR 1943 (Gum Springs Church Road) to 0.1 mile east of SR 1572 (Bubanks Road) Chatham County (See Figure 1). B. Purpose and Need: To enhance safety along the subject MAjon of US 64. C. Proposed Improvements: Circle one or more of the following Type II improvements which apply to the project: 1Q. 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) 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 fQ. 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) 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 cQ. 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 Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 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 1. 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. 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 2 Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 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. D. Estimated Cost: Construction: $750,000 Right of Way: $200,000 Total: $950,000 Estimated Traffic: Current Year (1997): 4700 TTST = 7% Design Year (2017): 9400 DUALS=5% Proposed Typical Section: 2 - way, 2 - lane facility, 7.2 in (24 ft) with 1.8 in (6 ft) shoulders including 0.6 in (2 ft) paved shoulder. Design Speed: 100 Km/hr (62 miles/hr) POSTED: 90 Km/ hr (55 miles/hr) Functional Classification: Rural Arterial Wetland Impacts: 0.01 ha (0.1 ac) (See attached natural resources technical report and addendum to that report) No impacts to endangered or threatened species. (See attached natural resources technical report) No impacts to historic properties. (See attached historic architectural resources memo) E. The following evaluation of threshold criteria must be completed for Type II actions. Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 (1) Will the project have a substantial impact on any - unique or important natural resource? 1 X F (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? ?X (3) Will the project affect anadromous fish? F-1 X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3) acre and have all practicable measures to avoid and minimize wetland takings been evaluated? X F-1 (5) Will the project require use of U. S. Forest Service lands? X (6) Will the quality of adjacent water resources be adversely - impacted by proposed construction activities? 1 X F (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? F] X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? 5N/ N/A (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? F X PERMITS AND COORDINATION y (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)? N / N/A F (11) Does the project involve Coastal Barrier Resources Act resources? X (12) Will a U. S. Coast Guard permit be required? F-1 X (13) Will the project result in the modification of any existing - regulatory floodway? 1 X F 4 Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 (14) Will the project require any stream relocations or channel changes? F-1 X SOCIAL_ ECONOMIC, AND CULTURAL RESOURCES -) M L-Q (15) Will the project induce substantial impacts to planned growth or land use for the area? 1-1 X (16) Will the project require the relocation of any family or business? F? X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or F-1 X low-income population? (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? a X (19) Will the project involve any changes in access control? F-1 X (20) Will the project substantially alter the usefulness F-1 and/or land use of adjacent property? -2L (21) Will the project have an adverse effect on permanent - local traffic patterns or community cohesiveness? 1 X F (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? 1 X 1 (24) Will traffic be maintained during construction using existing FI 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) N/A N/ and will all construction proposed in association with the bridge replacement project be contained on the existing facility? (26) Is there substantial controversy on social, economic and environmental grounds concerning aspects of the action? El X 5 -..0'0? Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 (27) Is the project consistent with all Federal, State, and local laws - F-1 relating to the envirommnetal 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? F-1 X (29) Will the project affect any archaeological remains which are F-1 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)? F? 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 x of 1965, as amended? (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the natural Wild and Scenic Rivers? F] X F. Additional Documentation Required for Unfavorable ReMmes in Parr E As noted in the natural systems technical memorandum, there is habitat for the Cape Fear shiner, but the species was not evident possibly due to water quality degradation. Best Management Practices will be utililized to limit impact to water quality during construction. There was no habitat observed in the project vicinity for the three other federally listed protected species (see attached natural systems technical memorandum and addendum. 6 Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 G. CE Approval TIP Project No. U-3630 State Project No. 8.1521601 Federal-Aid Project No. STP-64(39) Project Description: Resurface and widen US 64 to provide 0.6 m (2 foot) paved shoulders from SR 1943 (Gum Springs Church Road) to 0.1 mile east of SR 1572 (Eubanks Road), Chatham County. Categorical Exclusion Action Classification: (Check one) TYPE II(A) X TYPE II(B) S -2?-98 Ct/, Date Assistant Manager Planning and Environmental Branch S-Z9'-9g > - ti, -7? Date PlLeg1/Planning Unit Head Planning and Environmental Branch 5-?i-9g ?;Q Awv.,,- Date Project Planning Engineer Planning and Environmental Branch For Type II(B) projects only: 'L' 'L, $ , 7?? '0--? Date hivision Administrator Federal Highway Administration 7 SCA1 1F: i. " NORTH CAROLINA DEPARTMENT OF TRANSPORTATION' DIVISION OF HIGHWAYS t PLANNING AND E\11RONMENTAL BRANCH Piftboro US 64 from SR 1943 (Gum Springs Church Road) to 0.1 miles east of SR 1572 (Eubanks Road) Chatham County, F. A. Project STP-64(39) State Project No. 8.1521601 TIP Project U-3630 I FIGURE 1 3 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HuNT JR. Govmm P.O. BOX 25201. RALEIGH. N.C 27611-5201 May 26, 1998 MEMORANDUM TO: FROM: Wilson Stroud, Unit Head Project Planning Unit E. Noms TOLSON SECRETARY Chris Rivenbark, Environmental Biologist C(- Permits, Mitigation, and Natural Resources Unit SUBJECT: Addendum to the Natural Resources Technical Report for proposed improvements to US 64 from SR 1943 to 0.1 mile east of SR 1572 in Pittsboro, Chatham County. TIP No. U-3630; State Project No. 8.1521601, F.A. Project STP-64(39) ATTENTION: Ed Lewis, Project Planning Engineer Project Planning Unit REFERENCE: Natural Resources Technical Report prepared by NCDOT Biologist Chris Rivenbark. December 1997. This'addendum to the previously submitted Natural Resources Technical Report (NRTR) provides an inventory and description of a jurisdictional wetland located within the project area to assist in preparation of a Programmatic Categorical Exclusion (PCE). One jurisdictional wetland is located within the project area. This wetland is located on the north side of SR 1572 adjacent to the box culvert and extends beyond the 30.5 m (100 ft ) right-of-way. Approximately 0.001 ha (0.01 ac) of the wetland lies within the project right-of-way and may be impacted as a result of project construction. The canopy is dominated by sweet gum (Liquidambar styraciflua) and American elm (Ulmus americana). The understory consisted of soft rush (Juncus effusus), spicebush (Lindera benzoin), trumpet creeper (Campsis radicans), Japanese honeysuckle (Lonicera japonica), Jack in the Pulpit (Arisaema hiphyUum), fowl mannagrass (Glyceria striata), and sedge (Carex sp.). Z] Hydrologic indicators include saturated soils, standing water, rack lines, and water-stained leaves. The soil matrix had a hue of 10, a value of 6, and a chroma of 2. Mottles were abundant, common with a hue of 10, a value of 5, and a chroma of 8. The Cowardin classification for this wetland is Palustrine Forested Broad-leaved Deciduous Permanently Flooded. cc: V. Charles Bruton, Ph.D., Unit Head, Permits, Mitigation, and Natural Resources Hal Bain, Natural Resources Supervisor File: U-3630 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMEs B. HUNT JR. GovEtwOR DIVISION OF HIGHWAYS P.O. BOX 25201. RALEIGH. N.C 27611-5201 December 10, 1997 MEMORANDUM TO: FROM: Wilson Stoud, Unit Head Project Planning Unit GAMAN C B. GARRE17 J R. SECRETARY Chris Rivenbark, Environmental Biologist C?- Permits, Mitigation, and Natural Resources Unit SUBJECT: Natural Resources Technical Report for the proposed improvements to US 64 from SR 1943 to 0.1 mile east of SR 1572 in Pittsboro, Chatham County. TIP No. U-3630; State Project No. 8.1521601 F.A. Project STP-64(39) ATTENTION: Ed Lewis, Project Planning Engineer Project Planning Unit The attached Natural Resources Technical Report (NRTR) provides inventories and descriptions of natural resources within the project area to assist in preparation of a Programmatic Categorical Exclusion (PCE). Estimations of impacts likely to occur to. these resources as a result of project construction are provided as well. Note: At the time of this document, final designs were not complete. Guardrails may be installed pending final designs. If guardrails are installed or existing culvert is extended, shoulders may be widened to compensate for the recommended 2:1 ratio. This extension of shoulders may impact surface waters and jurisdictional wetlands. Additional field investigations may be necessary. cc: V. Charles Bruton, Ph.D., Unit Head, Permits, Mitigation, and Natural Resources Hal Bain, Natural Resources Supervisor File: U-3630 W Improvements to US 64 from SR 1943 to 0.1 mile east of SR 1572 Pittsboro, Chatham County Natural Resources Technical Report T.I.P. No. U-3630 State Project No. 8.1521601 Federal Aid Project No. STP-64(39) North Carolina Department of Transportation Division of Highways Planning and Environmental Branch Permits, Mitigation, and Natural Resources Unit Chris Rivenbark, Environmental Biologist 10 December 1997 TABLE OF CONTENTS Table of Contents ...........................................................................................................I 1.0 INTRODUCTION ......................................................................................................1 1.1 PROJECT DESCRIPTION ...............................................................................................1 1.2 PURPOSE ..................................................................................................................1 1.3 TERMINOLOGY AND DEFINITIONS ..................................................................................1 1.4 METHODOLOGY ..........................................................................................................1 2.0 PHYSICAL RESOURCES ........................................................................................2 2.1 WATER RESOURCES ...................................................................................................2 2.2 ANTICIPATED IMPACTS TO WATER RESOURCES ............................................................. 3 3.0 BIOTIC RESOURCES ..............................................................................................3 3.1 TERRESTRIAL COMMUNITIES ........................................................................................4 3.2 AQUATIC COMMUNITIES .......................................................:....................................... 5 3.3 SUMMARY OF ANTICIPATED IMPACTS ............................................................................ 5 4.0 JURISDICTIONAL TOPICS .....................................................................................6 4.1 WATERS OF THE UNITED STATES ................................................................................. 6 4.1.1 Characteristics of Surface Waters and Jurisdictional Wetlands .......................... 7 4.1.2 Approximate Impacts to Surface Waters and Jurisdictional Wetlands ............... 7 4.1.3 Permits ...............................................................................................................7 4.2 FEDERALLY PROTECTED SPECIES ................................................................................ 8 4.3 FEDERAL SPECIES OF CONCERN AND STATE LISTED SPECIES ......................................12 5.0 REFERENCES .......................................................................................................14 List of Tables TABLE 1. ESTIMATED IMPACTS TO BIOTIC COMMUNITIES ...................................................... 5 TABLE 2. SURFACE WATERS AND JURISDICTIONAL WETLANDS WITHIN THE PROJECT AREA... 7 TABLE 3. FEDERALLY PROTECTED SPECIES FOR CHATHAM COUNTY .................................... 8 TABLE 4. FEDERAL CANDIDATE SPECIES FOR CHATHAM COUNTY ......................................12 1.0 INTRODUCTION The following Natural Resources Technical Report (NRTR) is submitted to assist in preparation of a Programmatic Categorical Exclusion (PCE). 1.1 Project Description The project consists of improvements to US 64 in Pittsboro, Chatham County from east of SR 1493 to east of SR 1572. The existing cross section is a 2-lane, 7.3 m (24.0 ft) pavement roadway with a right of way of is 30.5 m (100.0 ft). The proposed cross section is a 2-lane paved roadway with 1.8 m (6.0 ft) shoulders. The proposed right of way is 30.5 m (100.0 ft) with easements. The project length is. 0.97 km (0.60 mi). At the time of this document, final designs were not complete. Guardrails may be installed pending final designs. If guardrails are installed or existing culvert is extended, shoulders may be widened to compensate for the recommended 2:1 ratio. This extension of shoulders may impact surface waters and jurisdictional wetlands. Additional field investigations may be necessary. 1.2 Purpose The purpose of this document is to describe and inventory the natural resources identified within the project vicinity and estimate potential 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 design concepts. If preliminary design parameters change, an additional field investigation may be necessary. 1.3 Terminology and Definitions For the purposes of this document, the following terms are used concerning the limits of natural resources investigated. Project study area (project area) denotes the area bounded by the proposed right-of-way limits. Project vicinity describes an area extending 0.8 km (0.5 mi) on all sides of the project study area. Project region is equivalent to an area represented by a 7.5 minute USGS quadrangle map [163.3 sq km (61.8 sq mi)], with the project as the center point. 1.4 Methodology Prior to the site visit, published resource information pertaining to the project area was gathered and reviewed. Information sources include; U.S. Geological Survey (USGS) quadrangle maps (Pittsboro and Merry Oaks), NCDOT aerial photographs of project area (1:1200), Fish and Wildlife Service (USFWS) list of protected species and N.C. Natural Heritage Program (NCNHP) database of uncommon and protected species and unique habitats. Afield survey for the project was conducted on 29 August 1997 by NCDOT biologists Chris Rivenbark and Marc Recktenwald. Plant communities were identified and recorded. Wildlife was identified using a number of observation techniques, including habitat evaluation, active searching and recording identifying signs of wildlife (sounds, skat, tracks and burrows). 2.0 PHYSICAL RESOURCES 2.1 Water Resources Water resources, which occur in the study area, are discussed below. The availability of water and soils directly influence composition and distribution of flora and fauna in any biotic community. Field surveys revealed that jurisdictional wetlands exist within the project area. Surface waters also exist in the project area and may be impacted by the project. Streams have been assigned a Best Usage Classification which denotes water quality conditions and potential resource usage by the Division of Water Quality (DWQ). The proposed project crosses one unnamed tributary (UT) of Robeson Creek in the Cape Fear River basin. At time of visit, the width of UT varied from 1.5 m- 3.0 m (4.92 ft- 9.84 ft) and had a depth of 2.5 cm-7.6 cm (1 in- 3 in). Flow in the stream was slow. The substrate consisted of silt, cobble, and rock. The best usage classification of this UT is WS-IV NSW. Unnamed tributaries are given the same DWQ index number as the stream to which they flow into. The DWQ index number for the UT is 16-38-(3) [8/3/92]. Classifications WS-IV -denotes Water Supplies-IV (waters protected as water supplies which are generally in moderately to highly developed watersheds; local programs to control nonpoint source and stromwater discharge of pollution are required; suitable for all Class C uses; NSW -denotes Nutrient Sensistive Waters (waters which require limitations on nutrient inputs) C- denotes Class C (aquatic life propagation and survival, fishing, wildlife, and secondary recreation, and agriculture). No waters classified as High Quality Waters (HQW), Water Supplies (WS-I or WS-11), or Outstanding Resource Waters (ORW) occur within 1.6 km (1.0 mi) of project study area. The Benthic Macroinvertebrate Ambient Network (BMAN) is managed by DWQ and is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program assesses water quality by sampling for selected benthic macroinvertebrate organisms at fixed monitoring sites. Some 2 macroinvertebrates are sensitive to very subtle changes in water quality; thus, the species richness and overall biomass of these organisms are reflections of water quality. There is not a BMAN site within the project vicinity: Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. Any discharger is required to register for a permit. There is no permitted point source discharger within the project vicinity. 2.2 Anticipated Impacts to Water Resources Aquatic communities are sensitive to any changes in the environment. Any action that affects water quality can have an adverse impact on aquatic organisms. Although most of the disturbance caused by project construction will be temporary, some environmental impacts caused by the proposed project may be long term or irreversible. Installation or modification of instream structures, such as replacement or extension of culverts, can permanently affect many physical stream parameters. Project construction may result in the following impacts to surface waters: - Increased silt loading and sedimentation from erosion of disturbed soils. - Changes in light incidence, water clarity and water temperature due to increased sediment load and riparian vegetation removal. - Alteration of stream discharge due to silt loading and changes in surface or ground water drainage patterns. - Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles. Precautions must be taken to minimize these and other impacts to water resources in the study area. NCDOTs Best Management Practices (BMP) for the Protection of Surface Waters must be strictly enforced throughout the construction stage of the project. Provisions to preclude contamination by toxic substances should also be strictly enforced. 3.0 BIOTIC RESOURCES This section describes the ecosystems encountered and the relationships between vegetative and faunal components within terrestrial, and aquatic ecosystems. Descriptions of the terrestrial systems are presented in the context of plant community classifications (Schafale and Weakley 1990). Representative animal species which are likely to occur in these habitats are cited, along with brief descriptions of their respective "roles" within that community. Animals observed during the site visit are denoted by (') in the text. Sightings of spoor evidence are equated with sightings of individuals. Scientific nomenclature and 3 common names (when applicable) are used for plant and animal species described. Subsequent references to the same organism will include the common name only. 3.1 Terrestrial Communities Three terrestrial communities, maintained roadside, mixed pine/ hardwood, and residential, exist within the project area and are likely to be impacted by the subject project. The maintained roadside community runs the length of the project and consists of the highly maintained shoulders and some less intensively managed areas that grade into the surrounding natural communities. Significant soil disturbance and compaction, along with frequent mowing or herbicide application, keep this community in an early successional state. As a result, the vegetation of this community is dominated by grasses and herbs. Dominant plants in the maintained roadside community include fescue (Festuca sp.), clover (Trifolium spp.), Ozark tickseed-sunflower (Bidens aristosa), bush clover (Lespedeza sp.), goldenrod (Solidago sp.), curly dock (Rumex crispus), and plantain (Plantago sp.). In the areas which receive lower levels of maintenance, more diverse communities can develop. This community was populated by Japanese honeysuckle (Lonicera japonica), dog fennel (Eupatorium capillifolium), trumpet creeper (Campsis radicans), bush clover (Lespedeza sp.), muscadine (Vitus rotundifolia), winged sumac (Rhus copallina), and sensitive brier (Mimosa strigillosa). The maintained communities extend into a mixed pine/ hardwood community. Flora present in this community include those species described in the maintained communities as well as loblolly pine (Pious taeda), shortleaf pine (Pious echinata), Northern red oak (Quercus rubra), pignut hickory (Carya glabra), mockemut hickory (C. tomentosa), willow oak (Q. phellos), sassafras (Sassafras albidium), red maple (Acer rubrum), mockemut hickory (Carya tomentosa), black cherry (Prunus serotina), tulip poplar (Lidodendron tulipifera), sweet gum (Liquidambar styraciflua), and dogwood (Corpus florida). Residential communties exist along the western terminus of the proposed project. These communties a include a variety of different plant species. Flora present in this community include fescue, bead grass (Paspalum spp.), and Bermuda grass (Cynodon dactylon). Trees observed in this community include black walnut (Juglans nigra), willow oak, red maple, dogwood, black cherry, loblolly pine, pecan (Carya illinoensis), white oak (Quercus alba), azalea (Rhododendron sp.) and wax myrtle (Myrica cerifera). Wildlife found in these communities is limited and consists primarily of wide-ranging, adaptable species which are well suited to coexistence with human development. Mammals common to disturbed edge areas, such as eastern cottontail rabbit (Sy/vilagus floridanus), raccoon (Procyon lotor), white-tailed deer (Odocoileus virginianus), and gray squirrel (Sciurus carolinensis) may inhabit forested fringes. 4 Common reptiles found in such habitats include eastern box turtle (Terrapene carolina) and predators such as black racer (Coluber constrictor), and eastern garter snake (Thamnophis sirtalis). Birds likely to frequent such habitats include common crow (Corvus brachyrhynchos), American robin (Turdus migratorius), mourning dove (Zenaida. macroura), and European starling (Stumus vulgaris). 3.2 Aquatic Communities One aquatic community type, piedmont perennial stream, exists within the project area. Physical characteristics of the water body and condition of the water quiality influence floral and faunal composition of the aquatic communities. Terrestrial communities adjacent to a water resource also greatly affect aquatic communities. Freshwater fishes likely to be found in a stream of this size could include creek chub (Semotilus atromaculatus), darter (Percina sp. or Etheostoma sp.), redbreast sunfish (Lepomis auritus), golden shiner (Notemigonus crysoleucas), and green sunfish (Lepomis cyanellus). Amphibians and reptiles commonly observed in and adjacent to moderately sized piedmont perennial streams include northern dusky salamander (Desmognathus fuscus), Southern leopard frog (Rana sphenocephala), green frog (Rana clamitans), pickeral frog (R. palustris), and northern water snake (Nerodia sipedon). 3.3 Summary of Anticipated Impacts Construction of the proposed project will have various impacts on the biotic resources described. This section quantifies and qualifies potential impacts to the natural communities within the project area in terms of the area impacted and the organisms affected. Temporary versus permanent impacts are considered as well, along with recommendations to minimize or eliminate impacts. Impacts to terrestrial communities will result from project construction due to the clearing and paving of portions of the project area, and thus the loss of community area. Calculated quantitative impacts to terrestrial communities reflect the relative abundance of each community present in the study area (Table 1). Estimated impacts are derived based on the project length of 0.97 km (0.60 mi) and the entire right-of-way 30.5 m (100 ft). The entire right-of-way will probably not be impacted, therefore actual impacts to the disturbed communities may be considerably less. 1. Estimated Impacts to Biotic Communities. Maintained Roadside 2.88 ha (7.11 ac) Mixed Pine/ Hardwood 0.04 ha (0.09 ac) Residential 0.03 ha (0.09 ac) Total 2.95 ha (7.29 ac) 5 The projected loss of terrestrial habitat resulting from project construction will have minimal impact on populations of native flora and fauna. The project will only impact disturbed areas such as roadside shoulders, commercial or residential areas, and mixed pine/ hardwood communities, and thus will not have large-scale effects on the natural communities of the project region. The affected communities are already highly altered from their natural state, and residual species are well adapted to such disturbed conditions. Aquatic communities will be affected as a result of project construction. Increased sedimentation and siltation is often directly attributable to construction activities. The suspended particles will clog the feeding mechanisms of benthic organisms, fish, and amphibians. These impacts eventually are magnified throughout the food chain and ultimately affect organisms located in higher trophic levels. Strict erosion and sedimentation controls should be maintained during the entire life of the project. Flora and fauna occurring in these communities are generally common throughout North Carolina because of their adaptability to wide ranging environmental factors. Moreover, a similar roadside shoulder community will be re-established after construction. Animals temporarily displaced by construction activities should repopulate areas suitable for the species following project completion. As a result, it is unlikely that existing species will be displaced significantly from the project area following construction. However, to minimize the temporary effects of project construction, all cleared areas along the roadways should be revegetated promptly after project completion to minimize erosion and the loss of wildlife habitat. 4.0 JURISDICTIONAL TOPICS This section provides inventories and impact analyses pertinent to two significant regulatory issues: Waters of the United States and rare and protected species. These issues retain particular significance because of federal and state mandates which regulate their protection. This section deals specifically with the impact analyses required to satisfy regulatory authority prior to project construction. 4.1 Waters of the United States 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 (CRF) Part 328.3. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). Surface waters include all standing or flowing waters which have commercial or recreational value to the public. Wetlands are identified based on the presence of hydric soils, hydrophytic vegetation, and saturated or flooded conditions during all or part of the growing season. 6 "Waters of the United States" are present in the project area. One surface water and three jurisdictional wetlands are located near the western terminus of the project area. Quantitative impacts to "Waters of the United States' will depend on final project designs (guardrail installation or culvert extension). If project right-of-way remains 30.5 m (100 ft) and the culvert over the UT is not extended, impacts will not occur or will be less than 1 ha (1/3 acre) to wetland and less than 3.0 m (10 linear ft) to surface waters. Jurisdictional wetlands should be delineated during a future site visit. 4.1.1 Characteristics of Surface Waters and Jurisdictional Wetlands One surface water (see Section 2.1) and three jurisdictional wetlands are located within the project area. Wetland site one is located south of US 64, wetland sites 2 and 3 are located north of the highway. The three wetland sites are located within the floodplain of the UT crossed by the highway. Each of the wetlands are located in the mixed pine/ hardwood community. The Cowardin classification of these wetlands is Palustrine Forested Decidous. Hydrological indicators observed during the site visit include: waterstained leaves, soils saturated at the surface, water marks, and drainage patterns. 4.1.2 Approximate Impacts to Surface Waters and Jurisdictional Wetlands Approximate impacts for each of the wetlands and surface water are given in Table 2. Approximate impacts were calculated by using the entire right-of-way [30.5 m (100 ft)]. Often, project construction does not require the entire right-of-way; therefore actual impacts are likely to be less. Actual impacts will depend on final project designs. Table 2. Surface Waters and Area UT n/a 3.05 m (10.0 linear ft) Wetland site one 0.30 ha (0.75 ac) <0.01 ha (<0.01 ac) Wetland site two 0.30 ha (0.75 ac) <0.01 ha (<0.01 ac) Wetland site three 0.40 ha (1.0 ac) <0.01 ha (0.02 ac) 4.1.3 Permits Current plans do not involve the removal of stream bank vegetation, stream stabilization, or other mechanical activities that could result in the placement of fill into "Waters of the United States'. Therefore, no permits will be required. Should the scope of the project change to include placement of fill into or the construction of new crossings of "Waters of the United States', those activities will require a Section 404 Nationwide Permit (23). A Section 401 Water Quality Certification from the DWQ is required prior to the issuance of Section 404 Nationwide Permit (23). 7 4.2 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 U.S. Fish and Wildlife Service (FWS). Plants and animals with federal classifications of Endangered (E), Threatened M, 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 4 November 1997, the FWS lists four federally protected species for Chatham County (Table 3). Descriptions and biological conclusions for each species are given below. Table 3. Federally Protected for Chatham Haliaeetus leucocephalus bald eagle T Notropis meklstocholas Cape Fear shiner E Picoides borealis red-cockaded woodpecker E Ptilimnium nodosum harperella E Note: "E" - denotes Endangered (a species is in danger of extinction throughout all or a significant portion of its range). "T" - denotes Threatened (a species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act). Haliaeetus leucocephalus (bald eagle) Threatened Animal Family: Accipitridae Date Listed: March 3, 1967 Bald eagles are found in North America from Florida to Alaska. The only major nesting population in the southeast is in Florida, other nesting occurs in coastal areas of Louisiana, Mississippi, and South Carolina. Migrants and rare nesting pairs do occur elsewhere in the southeast. Adult bald eagles can be identified by their large white head and short white tail. The body plumage is dark-brown to chocolate- brown in color. Immature eagles lack the white head plumage; the body plumage has a uniform brownish to blackish color with blotchy white on the underside of the wings, belly, and tail. In flight bald eagles 8 can be identified by their flat wing soar. Adults range is length from 69-94 cm and have a wingspan ranging from 178-229 cm. There are several factors that affect an eagles selection of a nest site. Eagle nests are found in proximity to water (within a half mile) with a clear flight path to the water, in'the largest living tree in an area, and having an open view of the surrounding land. Human disturbance can cause an eagle to abandon otherwise suitable habitat. Eagle nests are approximately 3 meters across. The breeding season for the bald eagle begins in December or January. Fish are the major food source for bald eagles. Other sources include coots, herons, and wounded ducks. Food may be live or carrion. Biological Conclusion: No Effect Suitable nesting habitat in the form of proximity to open water (within a half mile) nor nests were not observed during a survey conducted on 29 September 1997 by NCDOT biologists Chris Rivenbark and Marc Recktenwald. However, the Haw River is located approximately 2.98 km (1.85 mi) east of the project and Jordan Lake is located approximately 3.83 km (2.38 mi) southeast of the project. Project construction is not expected to impact foraging opportunities within the project area. In addition, a review of North Carolina Natural Heritage Program (NCNHP) database on 14 August 1997 indicated that there is no known occurrence of the bald eagle within the project area. Therefore the proposed project will not affect this species. Notropis mekistocholas (Cape Fear shiner) Endangered . Animal Family: Cyprinidae Date Listed: September 26, 1987 The Cape Fear shiner is limited to three populations in North Carolina. The strongest population of the Cape Fear shiner is in Chatham and Lee counties from the Locksville dam upstream to Rocky River and Bear Creek. Another population is located above the Rocky River Hydroelectric Dam in Chatham County, and the third population is found in the Deep River system in Randolph and Moore counties. The Cape Fear shiner is a small, moderately stocky minnow that rarely exceeds 5 cm in length. Its body is flushed with a pale silvery yellow, and a black band runs along its sides (Snelson 1971). The fins are yellowish and somewhat pointed. The upperlip is black and the lower lip has a black bar along its margin. It is easily distinguished from other similar species by having an elongated digestive tract to accommodate its diet of plant material. Cape Fear shiner habitat occurs in streams with gravel, cobble, or boulder substrates. It is most often observed inhabiting slow pools, riffles, and slow runs 9 associated with water willow beds. Juveniles can be found inhabiting slackwater, among large rock outcrops and in flooded side channels and pools. The Cape Fear shiner is thought to feed on bottom detritus, diatoms, and other periphytes. Captive specimens feed readily on plant and animal material. No information is presently available on the breeding, fecundity, or longevity of the Cape Fear shiner. Biological Conclusion: No Effect Suitable habitat in the form of streams with gravel or cobble substrates was observed in the project area during a survey conducted on 29 September 1997 by NCDOT biologists Chris Rivenbark and Marc Recktenwald. Though Cape Fear shiner once existed in Robeson Creek, the population has been extirpated, possibly by water quality degradation (Pottem and Huish 1985). In addition, a review of North Carolina Natural Heritage Program (NCNHP) database on 14 August 1997 indicated that there is no known occurrence of the Cape Fear shiner within the project area. Though the proposed project is unlikely to affect this species, precautions must be taken to minimize impacts to water resources in the study area. NCDOTs Best Management Practices (BMP) for the Protection of Surface Waters must be strictly enforced throughout the construction stage of the project. Picoides borealis (red-cockaded woodpecker) Endangered Animal Family: Picidae Date Listed: October 13, 1970 The red-cockaded woodpecker (RCW) once occurred from New Jersey to southern Florida and west to eastern Texas. It occurred inland in Kentucky, Tennessee, Arkansas, Oklahoma, and Missouri. The RCW is now found only in coastal states of its historic range and inland in southeastern Oklahoma and southern Arkansas. In North Carolina moderate populations occur in the sandhills and southern coastal plain. The few populations found in the piedmont and northern coastal plain are believed to be relics of former populations. The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cap, nape, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are >60 10 years old and are contiguous with pine stands at least 30 years of age. The foraging range of the RCW is up to 200 hectares (500 acres). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with the fungus that causes red-heart disease. Cavities are located in colonies from 3.6-30.3 m (12-100 ft) above the ground and average 9.1-15.7 m (30-50 ft) high. They can be identified by a large incrustation of running sap that surrounds the tree. The large incrustation of sap is believed to be used as a defense by the RCW against possible predators. A clan of woodpeckers usually consists of one breeding pair and the offspring from previous years. The RCW lays its eggs in April, May, and June and hatch 38 days later. Clutch size ranges in number from 3-5 eggs. All members of the clan share in raising the young. Red-cockaded woodpeckers feed mainly on insects but may feed on seasonal wild fruits. Biological Conclusion: No Effect Though suitable habitat in the form of trees that are >60 years old that are contiguous with pine stands at least 30 years of age was not observed during a survey conducted on 29 September 1997 by NCDOT biologists Chris Rivenbark and Marc Recktenwald. In addition, a review of North Carolina Natural Heritage Program (NCNHP) database on 14 August 1997 indicated that there is no known occurrence of the red-cockaded woodpecker within the project area. Therefore, this project will not affect this species. Ptilimnium nodosum (harperella) Endangered Plant Family: Apiaceae Federally Listed: September 28, 1988 Flowers Present: late July - August The historic range of Ptilimnium nodosum included the states of Maryland, West Virginia, Kentucky, North Carolina, Alabama, and the coastal plains of Georgia and South Carolina. It is now known from only ten populations in its historic range and it has been eliminated from over half of its known range. North Carolina currently has two known populations of harperella, one in Granville and one in Chatham County. Harperella is an annual herb in the carrot family, with fibrous roots and erect to spreading stems. The stems are green and often have a purplish tinge at the base and they may branch above mid-stem. The leaves are hollow, cylindrical, and septate, with broadly clasping bases. Basal and lower leaves up to 30 cm long and decreasing upwards on the stem. Flowers are 5-15 compound umbels, each umbel subtended by an involucre of small lanceolate bracts 0.5 cm long. 11 This plant can be found in two types of habitat, rocky or gravel shoals in the margins of clear, swift flowing stream sections, and the edges of intermittent pineland ponds or low, wet savannah meadows in the coastal plain. It is always found in saturated substrates and tolerates periodic, moderate flooding. There is a preference for sunny areas and this species is abundant where it is sheltered from stream erosion, usually on the downstream side of large rocks or amidst thick clones of water willow. Biological Conclusion: No Effect Suitable habitat in the form of rocky or gravel shoals was not observed during a survey conducted on 29 September 1997 by NCDOT biologists Chris Rivenbark and Marc Reddenwald. At time of site visit, the UT in the project area had a slow current as opposed to the swift flowing current that harperella prefers. In addition, a review of North Carolina Natural Heritage Program (NCNHP) database on 14 August 1997 indicated that there is no known occurrence of harperella within the project area. Therefore, this project will not affect this species. 4:3 Federal Species of Concern and State Listed Species There are six Federal Species of Concern (FSC) listed for Chatham 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 are 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. However, the level of protection given to state listed species does not apply to NCDOT activities Table 4 lists Federal Species of Concern and State listed species, the species state status and the existence of suitable habitat for each species in the study area. This species list is provided for information purposes as the status of these species may be upgraded in the future. 12 Table 4. Federal Candidate for Chatham Aimophila aestivalis Bachman's sparrow No SC A/asmidonta varicosa Brook floater Yes T Fusconaia mason Atlantic pigtoe Yes T Gomphus septima Septima's clubtail dragonfly No SR Lampsilis cariosa yellow lampmussel No T lsoetes virginica Virginia Quillwort No C Note: "Historic record- the species was last observed in the county more than 50 years ago. "T" denotes Threatened (a species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act). "C" denotes Candidate (a species which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction. If these species are relocated in the state, or if present land use trends continue, they are likely to be listed as Endangered or Threatened). "SC" denotes Special Concern (a species of wild animal native or once-native to North Carolina which is determined by the Wildlife Resources. Commission to require monitoring but which may be taken under regulations adopted under the provisions of this Article). "SR" denotes Significantly Rare (a species which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction. This species is generally more common somewhere else in their ranges, occurring in North Carolina peripherally to their main ranges, mostly in habitats which are unusual in North Carolina. . Surveys for these species were not conducted during the site visit. A review of the N.C. Natural Heritage Program data base of the rare species and unique habitats on 14 August 1997 revealed no records of.North Carolina rare and/or protected species in or near the project study area. 13 5.0 REFERENCES Amoroso, J.L. 1997. Natural Heritage Program list of the rare plant species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. LeGrand, Jr., H.E. and S.P. Hall. 1997. Natural Heritage Program list of the rare animal species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison Ill. 1980. Amphibians and Reptiles of the Carolinas and Virginia. Chapel Hill, The University of North Carolina Press. Pennak, R.W. 1989. Fresh-water Invertebrates of the United States, 3rd ed. John Wiley and Sons, Inc. Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. Chapel Hill, The University of North Carolina Press. Radford, AE., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. Chapel Hill, The University of North Carolina Press. Rohde, F.C., R.G. Arndt, D.G. Lindquist, and J.F. Parnell. 1994. Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware. The University of North Carolina Press, Chapel Hill and London. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina. Third. Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. U.S. Fish and Wildlife Service. 1997. Endangered, Threatened, and Candidate Species and Federal Species of Concern in North Carolina Webster, W.D., J.F. Parnell and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. Chapel Hill, The University of North Carolina Press. Chapel Hill and London. 14 Memorandum TO: Ed Lewis Project Planning FROM: Jill Marie Lord 4? Historic Architecture Resources Section RE: CE statement for U-3630 HISTORIC ARCHITECTURAL RESOURCES This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's regulations for compliance with Section 106, codified at 36 CFR Part 800. Section 106 requires that if a federally funded, licensed, or permitted project has an effect on a property listed on or eligible for the National Register of Historic Places, the advisory Council on Historic Preservation be given an opportunity to comment. In her survey for the US 64/Pittsboro Bypass (TIP R-2219 A/B), Mary L. Reeb surveyed the area of potential effect (APE) for U-3630. She identified one property over fifty years of age within the APE of U-3630. The house was determined not eligible for listing in the National Register of Historic Places in the Architectural Resource Survey Report for US 64/Pittsboro Bypass (Reeb, 1990). On September 5, 1997, North Carolina Department of Transportation architectural historians surveyed the project area. They saw no additional properties over fifty years of age and no evidence to warrant reevaluation of the aforementioned property. Since there are no properties either listed on or eligible for the National Register of Historic Places within the APE, no further compliance with Section 106 is required. STATE a Z s S? ? OO S STATE OF NORTH CAROLINA DEPARTMENT OF Tk NSPORTATION JAMES B. HUNT JR- P.O. BOX 25201. RALEIGH. N.C. 27611-5201 GOVERNOR May 26, 1998 E. Noms TOLSON SECRETARY MEMORANDUM TO: Wilson Stroud, Unit Head Project Planning Unit FROM: Chris Rivenbark, Environmental Biologist CP- Permits, Mitigation, and Natural Resources Unit SUBJECT: Addendum to the Natural Resources Technical Report for proposed improvements to US 64 from SR 1943 to 0.1 mile east of SR 1572 in Pittsboro, Chatham County. TIP No. U-3630; State Project No. 8.1521601, F.A. Project STP-64(39) ATTENTION: Ed Lewis, Project Planning Engineer Project Planning Unit REFERENCE: Natural Resources Technical Report prepared by NCDOT Biologist Chris Rivenbark. December 1997. This addendum to the previously submitted Natural Resources Technical Report (NRTR) provides an inventory and description of a jurisdictional wetland located within the project area to assist in preparation of a Programmatic Categorical Exclusion (PCE). One jurisdictional wetland is located within the project area. This wetland is located on the north side of SR 1572 adjacent to the box culvert and extends beyond the 30.5 m (100 ft ) right-of-way. Approximately 0.001 ha (0.01 ac) of the wetland lies within the project right-of-way and may be impacted as a result of project construction. The canopy is dominated by sweet gum (Liquidambar styraciflua) and American elm (Ulmus americana). The understory consisted of soft rush (Juncus effusus), spicebush (Lindera benzoin), trumpet creeper (Campsis radicans), Japanese honeysuckle (Lonicera japonica), Jack in the Pulpit (Arisaema triphyllum), fowl mannagrass (Glyceria striata), and sedge (Carex sp. ). Hydrologic indicators include saturated soils, standing water, rack lines, and water-stained leaves. The soil matrix had a hue of 10, a value of 6, and a chroma of 2. Mottles were abundant, common with a hue of 10, a value of 5, and a chroma of 8. The Cowardin classification for this wetland is Palustrine Forested Broad-leaved Deciduous Permanently Flooded. cc: V. Charles Bruton, Ph.D., Unit Head, Permits, Mitigation, and Natural Resources Hal Bain, Natural Resources Supervisor File: U-3630 STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATIO JAMES B. HUNT JR. P.O. Box 25201, RALEIGH, N.C. 27611-5201 GovERNOR April 27, 1999 E. N MEMORANDUM TO: Mr. John Hennessy, Division of Water Quality Department of Environment and Natural Resource FROM: Cindy Sharer, P. E., Project Development and ` Environmental Analysis Branch SUBJECT: US 64 from west of SR 1943 in Pittsboro to east of SR 1943, Chatham County, TIP No. U-3630, Project No. 8.152160 1, Federal Aid No. STP-64(39) A review of projects on our 12-month let list indicates you need a copy of the environmental document for the subject project. I am enclosing the Programmatic Categorical Exclusion signed May 29, 1998. Please let me know if you need additional information. cc: David Robinson, P. E. a Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 TIP Project No. U - 3630 State Project No. 8.1521601 Federal Project No. STP-64(39) A. Project Description: Resurface and widen US 64 to provide 0.6 m (foot) paved shoulders from SR 1943 (Gum Springs Church Road) to 0.1 mile east of SR 1572 (Eubanks Road) Chatham County (See Figure 1). B. Purpose and Need: To enhance safety along the subject portion of US 64. C. Proposed Improvements: Circle one or more of the following Type II improvements which apply to the project: 1Q 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) 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 fO. 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) 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 cO. 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 Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 a 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 1. 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. 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 2 Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. D. 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. Estimated Cost: Construction: $750,000 Right of Way: $200,000 Total: $950,000 Estimated Traffic: Current Year (1997): 4700 TTST = 7% Design Year (2017): 9400 DUALS = 5% E. Proposed Typical Section: 2 - way, 2 - lane facility, 7.2 m (24 ft) with 1.8 m (6 ft) shoulders including 0.6 m (2 ft) paved shoulder. Design Speed: 100 Km/hr (62 miles/hr) POSTED: 90 Km/ hr (55 miles/hr) Functional Classification: Rural Arterial Wetland Impacts: 0.01 ha (0.1 ac) (See attached natural resources technical report and addendum to that report) No impacts to endangered or threatened species. (See attached natural resources technical report) No impacts to historic properties. (See attached historic architectural resources memo) The following evaluation of threshold criteria must be completed for Type II actions. Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 US NQ (1) Will the project have a substantial impact on any unique or important natural resource? F1 X (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? ?X (3) Will the project affect anadromous fish? F-1 X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3) acre and have all practicable measures to avoid and minimize wetland takings been evaluated? X F (5) Will the project require use of U. S. Forest Service lands? X (6) Will the quality of adjacent water resources be adversely F- impacted by proposed construction activities? 1 X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? F1 X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? FN/ l N/A (9) Does the project involve any known underground storage - tanks (UST's) or hazardous materials sites? F 1 X PERM ITS AND COORDINATION (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)? [N/ N/A (11) Does the project involve Coastal Barrier Resources Act resources? F] X (12) Will a U. S. Coast Guard permit be required? F-1 X (13) Will the project result in the modification of any existing - regulatory floodway? 1 1 X 4 ,. Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 (14) Will the project require any stream relocations or channel changes? F-1 X SOCIAL. ECONOMIC, AND CULTURAL RESOURCES (15) Will the project induce substantial impacts to planned growth or land use for the area? F-1 X (16) Will the project require the relocation of any family or business? F-1 X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or F1 X low-income population? (18) If the project involves the acquisition of right of way, is the F amount of right of way acquisition considered minor? X -1 (19) Will the project involve any changes in access control? F] X (20) Will the project substantially alter the usefulness a and/or land use of adjacent property? (21) Will the project have an adverse effect on permanent - local traffic patterns or community cohesiveness? 1 X F (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? 1 X 1 (24) Will traffic be maintained during construction using existing F-1 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) N/A N/ and will all construction proposed in association with the bridge replacement project be contained on the existing facility? (26) Is there substantial controversy on social, economic and environmental grounds concerning aspects of the action? X 5 Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 (27) Is the project consistent with all Federal, State, and local laws relating to the envirommnetal 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? F] X (29) Will the project affect any archaeological remains which are important to history or pre-history? 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 F-1 X of 1965, as amended? (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)? F-1 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 natural Wild and Scenic Rivers? F-1 X F. Additional Documentation Required for Unfavorable Responses in Part E As noted in the natural systems technical memorandum, there is habitat for the Cape Fear shiner, but the species was not evident possibly due to water quality degradation. Best Management Practices will be utililized to limit impact to water quality during construction. There was no habitat observed in the project vicinity for the three other federally listed protected species (see attached natural systems technical memorandum and addendum. 6 original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 G. CE Approval TIP Project No. U-3630 State Project No. 8.1521601 Federal-Aid Project No. STP-64(39) Project Description: Resurface and widen US 64 to provide 0.6 m (2 foot) paved shoulders from SR 1943 (Gum Springs Church Road) to 0.1 mile east of SR 1572 (Eubanks Road), Chatham County. Categorical Exclusion Action Classification: (Check one) TYPE II(A) X TYPE II(B) s -2a-q8 c7 01/, D Date Assistant Manager Planning and Environmental Branch -'r? .SIV -V > . GJ. Date Pl ie?lanning Unit Head Planning and Environmental Branch 5-7q-qo Date 3:W Awv;,- Project Planning Engineer Planning and Environmental Branch For Type II(B) projects only: 5/2 9 g8 ? Date ivision Administrator Federal Highway Administration 7 `,,'SIS,S....1•6"j1 ..14: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS (01 BRANCH G AND ENVIRONMENTAL ? ? ? M{E Pittsboro US 64 from SR 1943 (Gum Springs Church Road) to 0.1 miles east of SR 1572 (Eubanks Road) Chatham County, F. A. Project STP-64(39) State Project No. 8.1521601 TIP Project U-3630 FIGURE 1 y -i 2 ! STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMEs B. HUNT JR. GOVERNOR P.O. BOX 25201. RALEIGH. N.C 27611-5201 -May 26, 1998 MEMORANDUM TO: FROM: Wilson Stroud, Unit Head Project Planning Unit E. NoRRts ToLSON SECRETARY Chris Rivenbark, Environmental Biologist C(- Permits, Mitigation, and Natural Resources Unit SUBJECT: Addendum to the Natural Resources Technical Report for proposed improvements to US 64 from SR 1943 to 0.1 mile east of SR 1572 in Pittsboro, Chatham County. TIP No. U-3630; State Project No. S. 1521601, F.A. Project STP-64(39) ATTENTION: Ed Lewis, Project Planning Engineer Project Planning Unit REFERENCE: Natural Resources Technical Report prepared by NCDOT Biologist Chris Rivenbark. December 1997. This addendum to the previously submitted Natural Resources Technical Report (NRTR) provides an inventory and description of a jurisdictional wetland located within the project area to assist in preparation of a Programmatic Categorical Exclusion (PCE). One jurisdictional wetland is located within the project area. This wetland is located on the north side of SR 1572 adjacent to the box culvert and extends beyond the 30.5 m (100 ft ) right-of-way. Approximately 0.001 ha (0.01 ac) of the wetland lies within the project right-of-way and may be impacted as a result of project construction. The canopy is dominated by sweet gum (Liquidambar styraciflua) and American elm (Ulmus americana). The understory consisted of soft rush (Juncus effusus), spicebush (Lindera benzoin), trumpet creeper (Campsis radicans), Japanese honeysuckle (Lonicera japonica), Jack in the Pulpit (Arisaema triphyllum), fowl mannagrass (Glyceria striata), and sedge (Carex sp.). ?Qlt Hydrologic indicators include saturated soils, standing water, rack lines, and water-stained leaves. The soil matrix had a hue of 10, a value of 6, and a chroma of 2. Mottles were abundant, common with a hue of 10, a value of 5, and a chroma of 8. The Cowardin classification for this wetland is Palustrine Forested Broad-leaved Deciduous Permanently Flooded. cc: V. Charles Bruton, Ph.D., Unit Head, Permits, Mitigation, and Natural Resources Hal Bain, Natural Resources Supervisor File: U-3630 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR DIVISION OF HIGHWAYS P.O. BOX 25201. RALEIGH. N.C. 27611-5201 December 10, 1997 MEMORANDUM TO: FROM: Wilson Stoud, Unit Head Project Planning Unit GARLAND B. GARRm JR. SECRETARY Chris Rivenbark, Environmental Biologist tf- Permits, Mitigation, and Natural Resources Unit SUBJECT: Natural Resources Technical Report for the proposed improvements to US 64 from SR 1943 to 0.1 mile east of SR 1572 in Pittsboro, Chatham County. TIP No. U-3630; State Project No. 8.1521601 F.A. Project STP-64(39) ATTENTION: Ed Lewis, Project Planning Engineer Project Planning Unit The attached Natural Resources Technical Report (NRTR) provides inventories and descriptions of natural resources within the project area to assist in preparation of a Programmatic Categorical Exclusion (PCE). Estimations of impacts likely to occur to these resources as a result of project construction are provided as well. Note: At the time of this document, final designs were not complete. Guardrails may be installed pending final designs. If guardrails are installed or existing culvert is extended, shoulders may be widened to compensate for the recommended 2:1 ratio. This extension of shoulders may impact surface waters and jurisdictional wetlands. Additional field investigations may be necessary. cc: V. Charles Bruton, Ph.D., Unit Head, Permits, Mitigation, and Natural Resources Hal Bain, Natural Resources Supervisor File: U-3630 M Improvements to US 64 from SR 1943 to 0.1 mile east of SR 1572 Pittsboro, Chatham County Natural Resources Technical Report T.I.P. No. U-3630 State Project No. 8.1521601 Federal Aid Project No. STP-64(39) North Carolina Department of Transportation Division of Highways Planning and Environmental Branch Permits, Mitigation, and Natural Resources Unit Chris Rivenbark, Environmental Biologist 10 December 1997 TABLE OF CONTENTS Table of Contents ...........................................................................................................i 1.0 INTRODUCTION ......................................................................................................1 1.1 PROJECT DESCRIPTION ...............................................................................................1 1.2 PURPOSE ...................................................................................................................1 1.3 TERMINOLOGY AND DEFINITIONS ..................................................................................1 1.4 METHODOLOGY ..........................................................................................................1 2.0 PHYSICAL RESOURCES ........................................................................................2 2.1 WATER RESOURCES ................................................................................................... 2 2.2 ANTICIPATED IMPACTS TO WATER RESOURCES ............................................................. 3 3.0 BIOTIC RESOURCES ..............................................................................................3 3.1 TERRESTRIAL COMMUNITIES ........................................................................................4 3.2 AQUATIC COMMUNITIES ...............................................................................................5 3.3 SUMMARY OF ANTICIPATED IMPACTS ............................................................................ 5 4.0 JURISDICTIONAL TOPICS .....................................................................................6 4.1 WATERS OF THE UNITED STATES .................................................................................6 4. 1.1 Characteristics of Surface Waters and Jurisdictional Wetlands .......................... 7 4.1.2 Approximate Impacts to Surface Waters and Jurisdictional Wetlands ............... 7 4.1.3 Permits ..............................................................................................................7 4.2 FEDERALLY PROTECTED SPECIES ................................................................................ 8 4.3 FEDERAL SPECIES OF CONCERN AND STATE LISTED SPECIES ......................................12 5.0 REFERENCES .......................................................................................................14 List of Tables TABLE 1. ESTIMATED IMPACTS TO BIOTIC COMMUNITIES ...................................................... 5 TABLE 2. SURFACE WATERS AND JURISDICTIONAL WETLANDS WITHIN THE PROJECT AREA... 7 TABLE 3. FEDERALLY PROTECTED SPECIES FOR CHATHAM COUNTY .................................... 8 TABLE 4. FEDERAL CANDIDATE SPECIES FOR CHATHAM COUNTY ......................................12 1.0 INTRODUCTION The following Natural Resources Technical Report (NRTR) is submitted to assist in preparation of a Programmatic Categorical Exclusion (PCE). 1.1 Project Description The project consists of improvements to US 64 in Pittsboro, Chatham County from east of SR 1493 to east of SR 1572. The existing cross section is a 2-lane, 7.3 m (24.0 ft) pavement roadway with a right of way of is 30.5 m (100.0 ft). The proposed cross section is a 2-lane paved roadway with 1.8 m (6.0 ft) shoulders. The proposed right of way is 30.5 m (100.0 ft) with easements. The project length is 0.97 km (0.60 mi). At the time of this document, final designs were not complete. Guardrails may be installed pending final designs. If guardrails are installed or existing culvert is extended, shoulders may be widened to compensate for the recommended 2:1 ratio. This extension of shoulders may impact surface waters and jurisdictional wetlands. Additional field investigations may be necessary. 1.2 Purpose The purpose of this document is to describe and inventory the natural resources identified within the project vicinity and estimate potential 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 design concepts. If preliminary design parameters change, an additional field investigation may be necessary. 1.3 Terminology and Definitions For the purposes of this document, the following terms are used concerning the limits of natural resources investigated. Project study area (project area) denotes the area bounded by the proposed right-of-way limits. Project vicinity describes an area extending 0.8 km (0.5 mi) on all sides of the project study area. Project region is equivalent to an area represented by a 7.5 minute USGS quadrangle map [163.3 sq km (61.8 sq mi)], with the project as the center point. 1.4 Methodology Prior to the site visit, published resource information pertaining to the project area was gathered and reviewed. Information sources include; U.S. Geological Survey (USGS) quadrangle maps (Pittsboro and Merry Oaks), NCDOT aerial photographs of project area (1:1200), Fish and Wildlife Service (USFWS) list of protected species and N.C. Natural Heritage Program (NCNHP) database of uncommon and protected species and unique habitats. A field survey for the project was conducted on 29 August 1997 by NCDOT biologists Chris Rivenbark and Marc Recktenwald. Plant communities were identified and recorded. Wildlife was identified using a number of observation techniques, including habitat evaluation, active searching and recording identifying signs of wildlife (sounds, skat, tracks and burrows). 2.0 PHYSICAL RESOURCES 2.1 Water Resources Water resources, which occur in the study area, are discussed below. The availability of water and soils directly influence composition and distribution of flora and fauna in any biotic community. Field surveys revealed that jurisdictional wetlands exist within the project area. Surface waters also exist in the project area and may be impacted by the project. Streams have been assigned a Best Usage Classification which denotes water quality conditions and potential resource usage by the Division of Water Quality (DWQ). The proposed project crosses one unnamed tributary (UT) of Robeson Creek in the Cape Fear River basin. At time of visit, the width of UT varied from 1.5 m- 3.0 m (4.92 ft- 9.84 ft) and had a depth of 2.5 cm-7.6 cm (1 in- 3 in). Flow in the stream was slow. The substrate consisted of silt, cobble, and rock. The best usage classification of this UT is WS-IV NSW. Unnamed tributaries are given the same DWQ index number as the stream to which they flow into. The DWQ index number for the UT is 16-38-(3) [8/3/92]. Classifications WS-IV -denotes Water Supplies-IV (waters protected as water supplies which are generally in moderately to highly developed watersheds; local programs to control nonpoint source and stromwater discharge of pollution are required; suitable for all Class C uses; NSW -denotes Nutrient Sensistive Waters (waters which require limitations on nutrient inputs) C- denotes Class C (aquatic life propagation and survival, fishing, wildlife, and secondary recreation, and agriculture). No waters classified as High Quality Waters (HQW), Water Supplies (WS-I or WS-II), or Outstanding Resource Waters (ORW) occur within 1.6 km (1.0 mi) of project study area. The Benthic Macroinvertebrate Ambient Network (BMAN) is managed by DWQ and is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program assesses water quality by sampling for selected benthic macroinvertebrate organisms at fixed monitoring sites. Some 2 macroinvertebrates are sensitive to very subtle changes in water quality; thus, the species richness and overall biomass of these organisms are reflections of water quality. There is not a BMAN site within the project vicinity: Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. Any discharger is required to register for a permit. There is no permitted point source discharger within the project vicinity. 2.2 Anticipated Impacts to Water Resources Aquatic communities are sensitive to any changes in the environment. Any action that affects water quality can have an adverse impact on aquatic organisms. Although most of the disturbance caused by project construction will be temporary, some environmental impacts caused by the proposed project may be long term or irreversible. Installation or modification of instream structures, such as replacement or extension of culverts, can permanently affect many physical stream parameters. Project construction may result in the following impacts to surface waters: Increased silt loading and sedimentation from erosion of disturbed soils. Changes in light incidence, water clarity and water temperature due to increased sediment load and riparian vegetation removal. Alteration of stream discharge due to silt loading and changes in surface or ground water drainage patterns. Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles. Precautions must be taken to minimize these and other impacts to water resources in the study area. NCDOTs Best Management Practices (BMP) for the Protection of Surface Waters must be strictly enforced throughout the construction stage of the project. Provisions to preclude contamination by toxic substances should also be strictly enforced. 3.0 BIOTIC RESOURCES This section describes the ecosystems encountered and the relationships between vegetative and faunal components within terrestrial, and aquatic ecosystems. Descriptions of the terrestrial systems are presented in the context of plant community classifications (Schafale and Weakley 1990). Representative animal species which are likely to occur in these habitats are cited, along with brief descriptions of their respective "roles" within that community. Animals observed during the site visit are denoted by (") in the text. Sightings of spoor evidence are equated with sightings of individuals. Scientific nomenclature and 3 common names (when applicable) are used for plant and animal species described. Subsequent references to the same organism will include the common name only. 3.1 Terrestrial Communities Three terrestrial communities, maintained roadside, mixed pine/ hardwood, and residential, exist within the project area and are likely to be impacted by the subject project. The maintained roadside community runs the length of the project and consists of the highly maintained shoulders and some less intensively managed areas that grade into the surrounding natural communities. Significant soil disturbance and compaction, along with frequent mowing or herbicide application, keep this community in an early successional state. As a result, the vegetation of this community is dominated by grasses and herbs. Dominant plants in the maintained roadside community include fescue (Festuca sp.), clover (Trifolium spp.), Ozark tickseed-sunflower (Bidens aristosa), bush clover (Lespedeza sp.), goldenrod (Solidago sp.), curly dock (Rumex crispus), and plantain (P/antago sp.). In the areas which receive lower levels of maintenance, more diverse communities can develop. This community was populated by Japanese honeysuckle (Lonicera japonica), dog fennel (Eupatorium capillifolium), trumpet creeper (Campsis radicans), bush clover (Lespedeza sp.), muscadine (Vitus rotundifolia), winged sumac (Rhus copallina), and sensitive brier (Mimosa strigillosa). The maintained communities extend into a mixed pine/ hardwood community. Flora present in this community. include those species described in the maintained communities as well as loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), Northern red oak (Quercus rubra), pignut hickory (Carya glabra), mockernut hickory (C. tomentosa), willow oak (Q. phellos), sassafras (Sassafras albidium), red maple (Acer rubrum), mockernut hickory (Carya tomentosa), black cherry (Prunus serotina), tulip poplar (Liriodendron tulipifera), sweet gum (Liquidambar styraciflua), and dogwood (Cornus florida). Residential communties exist along the western terminus of the proposed project. These communties a include a variety of different plant species. Flora present in this community include fescue, bead grass (Paspalum spp.), and Bermuda grass (Cynodon dactylon). Trees observed in this community include black walnut (Juglans nigra), willow oak, red maple, dogwood, black cherry, loblolly pine, pecan (Carya illinoensis), white oak (Quercus alba), azalea (Rhododendron sp.) and wax myrtle (Myrica cerifera). . Wildlife found in these communities is limited and consists primarily of wide-ranging, adaptable species which are well suited to coexistence with human development. Mammals common to disturbed edge areas, such as eastern cottontail rabbit (Sylvilagus floridanus), raccoon (Procyon lotor), white-tailed deer (Odocoileus virginianus), and gray squirrel (Sciurus carolinensis) may inhabit forested fringes. 4 Common reptiles found in such habitats include eastern box turtle (Terrapene carolina) and predators such as black racer (Co/uber constrictor), and eastern garter snake (Thamnophis sirtalis). Birds likely to frequent such habitats include common crow (Corvus brachyrhynchos), American robin (Turdus migratorius), mourning dove (Zenaida macroura), and European starling (Sturnus vu/garis). 3.2 Aquatic Communities One aquatic community type, piedmont perennial stream, exists within the project area. Physical characteristics of the water body and condition of the water quiality influence floral and faunal composition of the aquatic communities. Terrestrial communities adjacent to a water resource also greatly affect aquatic communities. Freshwater fishes likely to be found in a stream of this size could include creek chub (Semotilus atromacu/atus), darter (Percina sp. or Etheostoma sp.), redbreast sunfish (Lepomis auritus), golden shiner (Notemigonus cryso/eucas), and green sunfish (Lepomis cyane/lus). Amphibians and reptiles commonly observed in and adjacent to moderately sized piedmont perennial streams include northern dusky salamander (Desmognathus fuscus), Southern leopard frog (Rana sphenocephala), green frog (Rana c/amitans), pickeral frog (R. palustris), and northern water snake (Nerodia sipedon). 3.3 Summary of Anticipated Impacts Construction of the proposed project will have various impacts on the biotic resources described. This section quantifies and qualifies potential impacts to the natural communities within the project area in terms of the area impacted and the organisms affected. Temporary versus permanent impacts are considered as well, along with recommendations to minimize or eliminate impacts. Impacts to terrestrial communities will result from project construction due to the clearing and paving of portions of the project area, and thus the loss of community area. Calculated quantitative impacts to terrestrial communities reflect the relative abundance of each community present in the study area (Table 1). Estimated impacts are derived based on the project length of 0.97 km (0.60 mi) and the entire right-of-way 30.5 m (100 ft). The entire right-of-way will probably not be impacted, therefore actual impacts to the disturbed communities may be considerably less. Table 1. Estimated Impacts to Biotic Communities. Maintained Roadside 2.88 ha (7.11 ac) Mixed Pine/ Hardwood 0.04 ha (0.09 ac) Residential 0.03 ha (0.09 ac) Total 2.95 ha (7.29 ac) 5 The projected loss of terrestrial habitat resulting from project construction will have minimal impact on populations of native flora and fauna. The project will only impact disturbed areas such as roadside shoulders, commercial or residential areas, and mixed pine/ hardwood communities, and thus will not have large-scale effects on the natural communities of the project region. The affected communities are already highly altered from their natural state, and residual species are well adapted to such disturbed conditions. Aquatic communities will be affected as a result of project construction. Increased sedimentation and siltation is often directly attributable to construction activities. The suspended particles will clog the feeding mechanisms of benthic organisms, fish, and amphibians. These impacts eventually are magnified throughout the food chain and ultimately affect organisms located in higher trophic levels. Strict erosion and sedimentation controls should be maintained during the entire life of the project. Flora and fauna occurring in these communities are generally common throughout North Carolina because of their adaptability to wide ranging environmental factors. Moreover, a similar roadside shoulder community will be re-established after construction. Animals temporarily displaced by construction activities should repopulate areas suitable for the species following project completion. As a result, it is unlikely that existing species will be displaced significantly from the project area following construction. However, to minimize the temporary effects of project construction, all cleared areas along the roadways should be revegetated promptly after project completion to minimize erosion and the loss of wildlife habitat. 4.0 JURISDICTIONAL TOPICS This section provides inventories and impact analyses pertinent to two significant regulatory issues: Waters of the United States and rare and protected species. These issues retain particular significance because of federal and state mandates which regulate their protection. This section deals specifically with the impact analyses required to satisfy regulatory authority prior to project construction. 4.1 Waters of the United States 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 (CRF) Part 328.3. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). Surface waters include all standing or flowing waters which have commercial or recreational value to the public. Wetlands are identified based on the presence of hydric soils, hydrophytic vegetation, and saturated or flooded conditions during all or part of the growing season. 6 "Waters of the United States" are present in the project area. One surface water and three jurisdictional wetlands are located near the western terminus of the project area. Quantitative impacts to "Waters of the United States" will depend on final project designs (guardrail installation or culvert extension). If project right-of-way remains 30.5 m (100 ft) and the culvert over the UT is not extended, impacts will not occur or will be less than 1 ha (1/3 acre) to wetland and less than 3.0 m (10 linear ft) to surface waters. Jurisdictional wetlands should be delineated during a future site visit. 4.1.1 Characteristics of Surface Waters and Jurisdictional Wetlands One surface water (see Section 2.1) and three jurisdictional wetlands are located within the project area. Wetland site one is located south of US 64, wetland sites 2 and 3 are located north of the highway. The three wetland sites are located within the floodplain of the UT crossed by the highway. Each of the wetlands are located in the mixed pine/ hardwood community. The Cowardin classification of these wetlands is Palustrine Forested Decidous. Hydrological indicators observed during the site visit include: waterstained leaves, soils saturated at the surface, water marks, and drainage patterns. 4.1.2 Approximate Impacts to Surface Waters and Jurisdictional Wetlands Approximate impacts for each of the wetlands and surface water are given in Table 2. Approximate impacts were calculated by using the entire right-of-way [30.5 m (100 ft)]. Often, project construction does not require the entire right-of-way; therefore actual impacts are likely to be less. Actual impacts will depend on final project designs. Table 2. Surface Waters and Jurisdictional Wetlands Within the Project Area UT n/a 3.05 m (10.0 linear ft) Wetland site one 0.30 ha (0.75 ac) <0.01 ha (<0.01 ac) Wetland site two 0.30 ha (0.75 ac) <0.01 ha (<0.01 ac) Wetland site three 0.40 ha 0.0 ac) <0.01 ha 0.02 ac 4.1.3 Permits Current plans do not involve the removal of stream bank vegetation, stream stabilization, or other mechanical activities that could result in the placement of fill into "Waters of the United States". Therefore, no permits will be required. Should the scope of the project change to include placement of fill into or the construction of new crossings of "Waters of the United States% those activities will require a Section 404 Nationwide Permit (23). A Section 401 Water Quality Certification from the DWQ is required prior to the issuance of Section 404 Nationwide Permit (23). 7 4.2 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 U.S. Fish and Wildlife Service (FWS). 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 4 November 1997, the FWS lists four federally protected species for Chatham County (Table 3). Descriptions and biological conclusions for each species are given below. Table 3. Federallv Protected Species for Chatham Haliaeetus leucocephalus bald eagle T Notropis mefi stocholas Cape Fear shiner E Picoides borealis red-cockaded woodpecker E Ptilimnium nodosum harperella E Note: "E" - denotes Endangered (a species is in danger of extinction throughout all or a significant portion of its range). ,,r - denotes Threatened (a species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act). Haliaeetus leucocephalus (bald eagle) Threatened Animal Family: Accipitridae Date Listed: March 3, 1967 Bald eagles are found in North America from Florida to Alaska. The only major nesting population in the southeast is in Florida, other nesting occurs in coastal areas of Louisiana, Mississippi, and South Carolina. Migrants and rare nesting pairs do occur elsewhere in the southeast. Adult bald eagles can be identified by their large white head and short white tail. The body plumage is dark-brown to chocolate- brown in color. Immature eagles lack the white head plumage; the body plumage has a uniform brownish to blackish color with blotchy white on the underside of the wings, belly, and tail. In flight bald eagles 8 can be identified by their flat wing soar. Adults range is length from 69-94 cm and have a wingspan ranging from 178-229 cm. There are several factors that affect an eagles selection of a nest site. Eagle nests are found in proximity to water (within a half mile) with a clear flight path to the water, in the largest living tree in an area, and having an open view of the surrounding land. Human disturbance can cause an eagle to abandon otherwise suitable habitat. Eagle nests are approximately 3 meters across. The breeding season for the bald eagle begins in December or January. Fish are the major food source for bald eagles. Other sources include coots, herons, and wounded ducks. Food may be live or carrion. Biological Conclusion: No Effect Suitable nesting habitat in the form of proximity to open water (within a half mile) nor nests were not observed during a survey conducted on 29 September 1997 by NCDOT biologists Chris Rivenbark and Marc Recktenwald. However, the Haw River is located approximately 2.98 km (1.85 mi) east of the project and Jordan Lake is located approximately 3.83 km (2.38 mi) southeast of the project. Project construction is not expected to impact foraging opportunities within the project area. In addition, a review of North Carolina Natural Heritage Program (NCNHP) database on 14 August 1997 indicated that there is no known occurrence of the bald eagle within the project area. Therefore the proposed project will not affect this species. Notropis mekistocho/as (Cape Fear shiner) Endangered . Animal Family: Cyprinidae Date Listed: September 26, 1987 The Cape Fear shiner is limited to three populations in North Carolina. The strongest population of the Cape Fear shiner is in Chatham and Lee counties from the Locksville dam upstream to Rocky River and Bear Creek. Another population is located above the Rocky River Hydroelectric Dam in Chatham County, and the third population is found in the Deep River system in Randolph and Moore counties. The Cape Fear shiner is a small, moderately stocky minnow that rarely exceeds 5 cm in length. Its body is flushed with a pale silvery yellow, and a black band runs along its sides (Snelson 1971). The fins are yellowish and somewhat pointed. The upperlip is black and the lower lip has a black bar along its margin. It is easily distinguished from other similar species by having an elongated digestive tract to accommodate its diet of plant material. Cape Fear shiner habitat occurs in streams with gravel, cobble, or boulder substrates. It is most often observed inhabiting slow pools, riffles, and slow nuns associated with water willow beds. Juveniles can be found inhabiting slackwater, among large rock outcrops and in flooded side channels and pools. The Cape Fear shiner is thought to feed on bottom detritus, diatoms, and other periphytes. Captive specimens feed readily on plant and animal material. No information is presently available on the breeding, fecundity, or longevity of the Cape Fear shiner. Biological Conclusion: No Effect Suitable habitat in the form of streams with gravel or cobble substrates was observed in the project area during a survey conducted on 29 September 1997 by NCDOT biologists Chris Rivenbark and Marc Recktenwald. Though Cape Fear shiner once existed in Robeson Creek, the population has been extirpated, possibly by water quality degradation (Pottern and Huish 1985). In addition, a review of North Carolina Natural Heritage Program (NCNHP) database on 14 August 1997 indicated that there is no known occurrence of the Cape Fear shiner within the project area. Though the proposed project is unlikely to affect this species, precautions must be taken to minimize impacts to water resources in the study area. NCDOTs Best Management Practices (BMP) for the Protection of Surface Waters must be strictly enforced throughout the construction stage of the project. Picoides borealis (red-cockaded woodpecker) Endangered Animal Family: Picidae Date Listed: October 13, 1970 The red-cockaded woodpecker (RCW) once occurred from New Jersey to southern Florida and west to eastern Texas. It occurred inland in Kentucky, Tennessee, Arkansas, Oklahoma, and Missouri. The RCW is now found only in coastal states of its historic range and inland in southeastern Oklahoma and southern Arkansas. In North Carolina moderate populations occur in the sandhills and southern coastal plain. The few populations found in the piedmont and northern coastal plain are believed to be relics of former populations. The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cap, nape, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pine (Anus palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are >60 10 years old and are contiguous with pine stands at least 30 years of age. The foraging range of the RCW is up to 200 hectares (500 acres). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with the fungus that causes red-heart disease. Cavities are located in colonies from 3.6-30.3 m (12-100 ft) above the ground and average 9.1-15.7 m (30-50 ft) high. They can be identified by a large incrustation of running sap that surrounds the tree. The large incrustation of sap is believed to be used as a defense by the RCW against possible predators. A clan of woodpeckers usually consists of one breeding pair and the offspring from previous years. The RCW lays its eggs in April, May, and June and hatch 38 days later. Clutch size ranges in number from 3-5 eggs. All members of the clan share in raising the young. Red-cockaded woodpeckers feed mainly on insects but may feed on seasonal wild fruits. Biological Conclusion: No Effect Though suitable habitat in the form of trees that are >60 years old that are contiguous with pine stands at least 30 years of age was not observed during a survey conducted on 29 September 1997 by NCDOT biologists Chris Rivenbark and Marc Recktenwald. In addition, a review of North Carolina Natural Heritage Program (NCNHP) database on 14 August 1997 indicated that there is no known occurrence of the red-cockaded woodpecker within the project area. Therefore, this project will not affect this species. Ptilimnium nodosum (harperella) Endangered Plant Family: Apiaceae Federally Listed: September 28, 1988 Flowers Present: late July - August The historic range of Ptilimnium nodosum included the states of Maryland, West Virginia, Kentucky, North Carolina, Alabama, and the coastal plains of Georgia and South Carolina. It is now known from only ten populations in its historic range and it has been eliminated from over half of its known range. North Carolina currently has two known populations of harperella, one in Granville and one in Chatham County. Harperella is an annual herb in the carrot family, with fibrous roots and erect to spreading stems. The stems are green and often have a purplish tinge at the base and they may branch above mid-stem. The leaves are hollow, cylindrical, and septate, with broadly clasping bases. Basal and lower leaves up to 30 cm long and decreasing upwards on the stem. Flowers are 5-15 compound umbels, each umbel subtended by an involucre of small lanceolate bracts 0.5 cm long. 11 This plant can be found in two types of habitat, rocky or gravel shoals in the margins of clear, swift flowing stream sections, and the edges of intermittent pineland ponds or low, wet savannah meadows in the coastal plain. It is always found in saturated substrates and tolerates periodic, moderate flooding. There is a preference for sunny areas and this species is abundant where it is sheltered from stream erosion, usually on the downstream side of large rocks or amidst thick clones of water willow. Biological Conclusion: No Effect Suitable habitat in the form of rocky or gravel shoals was not observed during a survey conducted on 29 September 1997 by NCDOT biologists Chris Rivenbark and Marc Recktenwald. At time of site visit, the UT in the project area had a slow current as opposed to the swift flowing current that harperella prefers. In addition, a review of North Carolina Natural Heritage Program (NCNHP) database on 14 August 1997 indicated that there is no known occurrence of harperella within the project area. Therefore, this project will not affect this species. 4.3 Federal Species of Concern and State Listed Species There are six Federal Species of Concern (FSC) listed for Chatham 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 are 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. However, the level of protection given to state listed species does not apply to NCDOT activities Table 4 lists Federal Species of Concern and State listed species, the species state status and the existence of suitable habitat for each species in the study area. This species list is provided for information purposes as the status of these species may be upgraded in the future. 12 Table 4. Federal Candidate Species for Chatham Aimophila aestivalis Bachman's sparrow No SC A/asmidonta varicosa Brook floater Yes T Fusconaia mason Atlantic pigtoe Yes T Gomphus septima Septima's clubtail dragonfly No SR Lampsilis cadosa yellow lampmussel No T Isoetes viminica Virainia ouillwort No C Note: "Historic record- the species was last observed in the county more than 50 years ago. °T" denotes Threatened (a species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act). °C" denotes Candidate (a species which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction. If these species are relocated in the state, or if present land use trends continue, they are likely to be listed as Endangered or Threatened). "SC" denotes Special Concern (a species of wild animal native or once-native to North Carolina which is determined by the Wildlife Resources Commission to require monitoring but which may be taken under regulations adopted under the provisions of this Article). "SR" denotes Significantly Rare (a species which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction. This species is generally more common somewhere else in their ranges, occurring in North Carolina peripherally to their main ranges, mostly in habitats which are unusual in North Carolina. Surveys for these species were not conducted during the site visit. A review of the N.C. Natural Heritage Program data base of the rare species and unique habitats on 14 August 1997 revealed no records of.North Carolina rare and/or protected species in or near the project study area. 13 5.0 REFERENCES Amoroso, J.L. 1997. Natural Heritage Program list of the rare plant species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. LeGrand, Jr., H.E. and S.P. Hall. 1997. Natural Heritage Program list of the rare animal species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. Chapel Hill, The University of North Carolina Press. Pennak, R.W. 1989. Fresh-water Invertebrates of the United States, 3rd ed. John Wiley and Sons, Inc. Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. Chapel Hill, The University of North Carolina Press. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. Chapel Hill, The University of North Carolina Press. Rohde, F.C., R.G. Arndt, D.G. Lindquist, and J.F. Parnell. 1994. Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware. The University of North Carolina Press, Chapel Hill and London. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina. Third. Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. U.S. Fish and Wildlife Service. 1997. Endangered, Threatened, and Candidate Species and Federal Species of Concern in North Carolina Webster, W.D., J.F. Parnell and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. Chapel Hill, The University of North Carolina Press. Chapel Hill and London. 14 Memorandum TO: Ed Lewis Project Planning FROM: Jill Marie Lord Historic Architecture Resources Section RE: CE statement for U-3630 HISTORIC ARCHITECTURAL RESOURCES This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's regulations for compliance with Section 106, codified at 36 CFR Part 800. Section 106 requires that if a federally funded, licensed, or permitted project has an effect on a property listed on or eligible for the National Register of Historic Places, the advisory Council on Historic Preservation be given an opportunity to comment. In her survey for the US 64/Pittsboro Bypass (TIP R-2219 AB), Mary L. Reeb surveyed the area of potential effect (APE) for U-3630. She identified one property over fifty years of age within the APE of U-3630. The house was determined not eligible for listing in the National Register of Historic Places in the Architectural Resource Survey Report for US 64/Pittsboro Bypass (Reeb, 1990). On September 5, 1997, North Carolina Department of Transportation architectural historians surveyed the project area. They saw no additional properties over fifty years of age and no evidence to warrant reevaluation of the aforementioned property. Since there are no properties either listed on or eligible for the National Register of Historic Places within the APE, no further compliance with Section 106 is required.