19930754 Ver 1_Complete File_19931109

• w
t
DEPARTMENT OF THE ARMY no
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
November 4, 1993
NOV - 9 sw ;
Action ID. 199400007 and Nationwide Permit No. 23 (Approved Categorical
Exclusions)
Mr. Frank Vick
NC Department of Transportation
Division of Highways
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
Thank you for your inquiry of August 31, 1993, regarding your plans to
replace Bridge No. 169 over the Back Creek on SR 1166 (Robinson Church Road)
at Harrisburg, Cabarrus County, North Carolina with three 121x10' reinforced
concrete box culverts. The bridge would be replaced in its existing location.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for activities undertaken, assisted,
authorized, regulated, funded or financed, in whole or in part, by another
Federal agency or department where that agency or department has determined,
pursuant to the CEQ Regulation for the Implementing the Procedural Provisions
of the National Environmental Policy Act, that the activity, work or discharge
is categorically excluded from environmental documentation because it is
included within a category of actions which neither individually nor
cumulatively have a significant effect on the human environment, and the
Office of the Chief of Engineers has been furnished notice of the agency's or
department's application for the categorical exclusion and concurs with that
determination.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). You should contact Mr. John
Dorney, telephone [phone], regarding water quality certification. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
-2-
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Steven Lund, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
C py Furnished (without enclosure):
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is -to impound water.
S. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be. affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
CL7-GCWON
-2-
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements'of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
14. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
15. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
17. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
18. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
I
J
-3-
19. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.

. .
STATE CONSISTENCY CONDITIONS
a. If the proposed activity is within or has a potential to significantly
affect any land or water use or natural resource of the North Carolina coastal
area, a consistency determination pursuant to 15 CFR 930, Subpart C may be
required.
b. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a Coastal Area Management Act (CAM) permit is required
from the North Carolina Division of Coastal Management (NCDEM). Should an
activity within or potentially affecting an AEC be proposed by-a Federal
agency, a consistency determination pursuant to 15 CFR 930 must be provided to
the NCDEM at least 90 days before the onset of the proposed activity.
GENERAL CERTIFICATION CONDITIONS
a. Use of this nationwide permit requires written notice to the North
Carolina Division of Environmental Managment (NCDEM). Written concurrence
from the NCDEM is not required provided that there is compliance with all
conditions of this general certification.
b. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management (NCDEM); 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
c. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
C17-2.3
416
t
93 -7 6 y
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. JR DIVISION OF HIGHWAYS SAM HUNT
GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201 SECRETARY
August 31, 1993 -
District Engineer Engineer SEP _ 3 1093
Army Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28402 4 WETL4?1
ATTENTION: Regulatory Branch
Dear Sir:
SUBJECT: Cabarrus County, Bridge No. 169 on SR 1166 over
Black Creek; Federal Aid Project No. BRZ-1166(3);
State Project No. 8.2661501; TIP No. B-2008.
Attached for your information is a copy of the project
planning report for the subject 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 a Nationwide Permit in
accordance with 33 CFR 330 Appendix A (B-23) issued November
22, 1991, by the Corps of Engineers. The provisions of
Section 330.4 and Appendix A (C) of these regulations will be
followed in the construction of the project.
We anticipate that 401 General Certification No. 2734
(Categorical Exclusion) 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 Environmental Management, for their review.
If you have any questions or need additional information,
please call Robin Little at 733-9770.
Sincerely,
B. J. Oj'Quinn/
A-s-s-i-st'an t M an a g e r
Planning and Environmental Branch
?b?

BJO/rml
Attachment
cc: G. Wayne Wright, Chief Regulatory Branch
Steve Lund, Regulatory Field Office
John Dorney, NC DEHNR DEM
John Parker, NC DEHNR DCM/Permit Coord.
Kelly Barger, PE, Program Development Branch,
Don Morton, PE, State Highway Engineer- Design,
A.L. Hankins, PE, Hydraulics Unit,
John L. Smith, Jr., PE, Structure Design Unit,
Tom Shearin, PE, State Roadway Design Engineer,
J. D. Goins, Division 10 Engineer
Michelle James, Project Manager, P & E Branch
•
Cabarrus County, Bridge No. 169
on SR 1166 over Black Creek
Federal Aid Project No. BRZ-1166(3)
State Project No. 8.2661501
I. D. No. B-2008
CATEGORICAL EXCLUSION
U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
N. C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
APPROVED:
B l9 h.2-
/?
D e
Date
/ V. 4?'
L. J.ard, P. E., Manager
Planning and Environmental Branch, NCDOT
7
Nichblas L. Graf, P. E.
Division Administrator, FHWA
;-c.L L

Cabarrus County, Bridge No. 169
on SR 1166 over Black Creek
Federal Aid Project No. BRZ-1166(3)
State Project No. 8.2661501
I. D. No. B-2008
CATEGORICAL EXCLUSION
August, 1992
Documentation Prepared in Planning and Environmental Branch By:
is le James
Pro ect Pl ann g Engineer ???.•`??H CARp??''+.,•
+'? ?,?OFESSI
wq Y -0?
Wayne E iott
Project 1 anni ng eer, i ead J?-?' F Q,••:'
II F ??NNN•• G +'+. PgNk L N H. ranklin Vick, P. E. /9 ?ot
Assistant Manager of Planning and Environmental Branch

Cabarrus County, Bridge No. 169
on SR 1166 over Black Creek
Federal Aid Project No. BRZ-1166(3)
State Project No. 8.2661501
I. D. No. B-2008
Bridge No. 169 is included in the current Transportation Improvement
Program. The location is shown in Figures lA and 1B. No substantial
environmental impacts are anticipated. The project is classified as a
Federal "categorical exclusion".
I. SUMMARY OF RECOMMENDATIONS
Bridge No. 169 should be replaced at the existing location with a
precast reinforced concrete box culvert as shown by Alternate lA (see
Figure 2). Only minimum approach work is required to tie the culvert to
the existing approaches.
Preliminary hydrographic studies indicate that a triple 12' x 10' box
culvert should be provided. The length of the culvert should be adequate
to accommodate a 24-foot pavement with 8-foot graded shoulders.
Traffic will be detoured along existing roads during the 2 month
construction period.
Estimated cost, based on current prices, is $309,000.
The estimated cost of the project, as shown in the Transportation
Improvement Program, is $200,000.
II. ENVIRONMENTAL COMMITMENTS
All standard procedures and measures will be implemented to avoid or
minimize environmental impacts. No special or unique environmental
commitments are required for this project.
If the State Historic Preservation Officer determines that an
intensive archaeology survey is needed for this project, the survey will
be completed prior to construction.
Wetlands will not be disrupted by the project.
III. EXISTING CONDITIONS
SR 1166 is classified as a rural local route in the Statewide Func-
tional Classification System and is not a Federal Aid road.
In the vicinity of the bridge, SR 1166 has a 22-foot pavement that
tapers to 16-feet at each end of the bridge. The shoulders are 6-9 feet
(see Figure 2). Vertical alignment is generally flat. Slight curves
exist on both approaches.

2
The structure is situated 14 feet above the creek bed. The
approaches are on embankments ranging 5-6 feet above the natural ground.
The current traffic volume of 2800 VPD is expected to increase to
approximately 5900 VPD by the year 2012. The projected volume includes 1%
truck-tractor semi-trailer (TTST) and 2% dual-tired vehicles (DT). The
speed limit is 45 MPH.
The existing bridge (see Figure 3) was constructed in 1962. The
superstructure consists of a timber deck and a steel floor beam system.
The substructure is composed of timber caps and piles.
The one lane bridge has an overall length of 56 feet. Clear roadway
width is 17.3 feet. The bridge has posted weight limits of 18 tons for
single vehicles and 25 tons for trucks with trailers.
Bridge No. 169 has a sufficiency rating of 11.5 compared to a rating
of 100 for a new structure.
Three accidents were reported near Bridge No. 169 during the period
from July, 1988 to June, 1991.
Eight school buses cross the studied bridge daily.
IV. ALTERNATIVES
Two alternative methods of replacing Bridge No. 169 were studied.
The design speed is 50 mph for each alternate.
Alternate! woulu involve replacement of the bridge along the
existing roadway alignment with a cast-in-place reinforced concrete box
culvert (3 @ 12' x 10'). The road would be closed for approximately 6
months. Traffic would be maintained on existing local roads as shown in
Figures lA and 1B. This alternate would retain the present roadway
alignment.
Alternate lA (recommended) will involve replacement of the bridge
along the existing roadway alignment with a pre-cast reinforced concrete
box culvert (3 @ 12' x 10'). Road closure will be reduced to 2 months.
Traffic will be maintained on existing local roads as shown in Figures lA
and 1B. This alternate will retain the existing roadway alignment.
Alternate 2 is identical to Alternate l except traffic would be
maintained on-site with a temporary detour structure (3 @ 78" pipe)
located west of the existing structure.
The "do-nothing" alternative would eventually necessitate closure of
the bridge. This is not prudent due to the traffic service provided by
SR 1186.
"Rehabilitation" of the old bridge is not feasible due to its age and
deteriorated condition.

3
V. ESTIMATED COST
Estimated cost of the studied alternatives is as follows:
(Recommended)
Alternate 1 Alternate lA Alternate 2
Structure $120,000 $122,000 $120,000
Roadway Approaches 118,000 118,000 118,000
Detour Structures &
Approaches - - 90,000
Structure Removal 5,000 5,000 5,000
Engineering &
Contingencies 36,000 37,000 50,000
Right-of-Way, Utilities 27,000 27,000 31,000
Total $306,000 $309,000 $414,000
VI. TRAFFIC DETOUR
The detouring of traffic onto existing roads is recommended. Traffic
can be detoured during construction as shown in Figures lA and 1B.
Approximately 3.8 miles of additional travel will be necessary for the .
average vehicle affected by the 2 month road closure. Replacing Bridge
No. 169 with a precast box culvert (Alternate 1A) would cut the road
closure time to 2.0 months. Provision of the recommended precast culvert
will minimize closure time at an additional cost of only $3,000.
Provision of an on-site detour is not justifiable due to the
availability of a suitable detour route. Detour roadways and bridges are
adequate to accommodate affected traffic during the construction period.
The Division Office and the Cabarrus County School Transportation
Director have no objections if Bridge No. 169 is closed to traffic for
construction.
VII. RECOMMENDED IMPROVEMENTS
Bridge No. 169 should be replaced at its present location with a
precast reinforced concrete box culvert. According to a preliminary
hydrographic study, a triple 12' x 10' reinforced concrete box culvert
will accommodate the flow of Black Creek at this point. The structure
dimensions may be increased or decreased as necessary to accommodate peak
flows of Black Creek as determined by further hydrologic studies.
4
The recommended improvements will include about 200 feet of improved
roadway approaches. A 24-foot pavement with 8-foot graded shoulders
should be provided on the approaches. The elevation of the new crossing
is expected to be approximately the same as the elevation of the existing
bridge. The length of the culvert should be adequate to accommodate a
24-foot pavement with 8-foot graded shoulders. The design speed is 50
mph.
VIII. ENVIRONMENTAL IMPACTS
The project is expected to have an overall positive impact.
Replacement of an inadequate bridge will result in safer traffic
operations.
The project is considered to be a Federal "categorical exclusion" due
to its limited scope and insignificant environmental consequences.
The bridge replacement will not
the quality of the human or natural
NCDOT standards and specifications.
have a significant adverse effect on
environment with the use of current
The project is not in conflict with any plan, existing land use, or
zoning regulation. No significant change in land use is expected to
result from construction of the project.
No adverse impact on families or communities is anticipated.
Right-of-way acquisition will be limited.
No significant adverse effect on public facilities or services is
expected. The project is not expected to adversely affect social,
economic, or religious opportunities in the area.
The bridge is to be replaced at the existing location and is exempt
from the Farmland Protection Policy Act.
The project is located in Harrisburg, in southwestern Cabarrus County
in the Piedmont physiographic province. The topography of the area is
gently rolling hills with associated bottomland floodplains of rivers,
streams and creeks.
A pastured plant community borders the subject project area on the
north and south sides of Black Creek and on the east and west sides of the
study area.
The pasture community consists of a combination of herbaceous and
mixed-hardwood species including willow oak (uercus p hellos), sycamore
(Platanus occidentalis), willow (Salix sp.), hackberry (Celtis sp.),
boxelder (Acer nequndo), pecan (Carya illinoensis), privet (Ligustrum
sinense), elderberry (Sambucus canadensis), blackberry (Rubus sp.)
Japonese honeysuckle (Lonicera japonica), henbit (Lamium amplexicauli),
chickweed ( Stellaria sp.), wild geranium (Geranium carolinianum) and tall
fescue (Festuca sp.) which is the overwhelming predominant plant.
5
There are no wetlands located in the subject project area.
Anticipated impacts to the plant community are viewed as minor.
Alternate 1 and Alternate IA and Alternate IA construction will disturb
the immediate area associated with the existing structure, while Alternate
2 will destroy approximately 1.2 acres of the pasture community. This
community is maintained as a disturbed site by mowing and by cattle
grazing.
The subject project will primarily impact terrestrial wildlife, but
the location of Black Creek in the study area offers the potential for
impacts to this aquatic habitat as well.
The following inventory of fauna, likely to occur in the study area,
is merely a sample of vertebrates that are known to exist in Cabarrus
County.
Amphibians common in the vicinity of the project include red
salamander (Pseudotriton ruber), American toad (Bufo americanus), spring
peeper (H la crucifer), southern leopard frog (Rana sphenocephala),
bullfrog (Rana Catesbeiana) and upland chorus frog (Pseudacris
triseriata).
Reptiles likely to occur in the area include eastern box turtle
(Terrapene carolina), eastern fence lizard (Sceloporus undulatus),
broadhead skink (Eumeces laticeps), ground skink (Scincella lateralis),
corn snake (Elaphe uttata), rat snake (Elaphe obsoleta) and copperhead
(Agkistrodon contortrix).
Birds common in the vicinity of the project include Cooper's hawk
(Acipiter cooperii), American crow (Corvus brachyrhynchos), rufus-sided
towhee (Pi ilo erythrophtalmus), Carolina wren (Thryothorus ludovicianus),
tufted titmouse (Parus bicolor), white-throated sparrow (Zonotrichis
albicollis), eastern bluebird (Sialia sialis) and yellow-rumped warbler
(Dendroica coronata).
Mammals such as gray fox (Urocyon cinerioargenteus), raccoon (Procyon
lotor), gray squirrel (Sciurus carolinensis), eastern cottontail
(Sylvilagus floridanus) and white-footed mouse (Peromyscus leucopus) are
likely to be common inhabitants of the area.
The animals that were visually observed in the study area are as
follows:
COMMON NAME COMMON NAME
Cooper's hawk American crow
rufus-sided towhee * gray squirrel
carolina wren * raccoon
yellow-rumped warbler
tufted titmouse
American robin
eastern bluebird
"*" note: spoor evidence only.
6

Black Creek is the only aquatic community associated with this
project. The creek flows west-to-east and intersects the project
perpendicular to SR 1166.
Fish species likely to be found in Black Creek include largemouth
bass (Micropterus salmoides), bluegill (Le omis macrochirus), redbreast
sunfish (Lepomis auritus), flat bullhead (Ictalurus platycephalus),
satinfin shiner (Notropis analostanus), redlip shiner -(Notropis
chiliticus) and Carolina darter (Etheostoma collis). Upper-level
predators rely on inhabitants of Black Creek include reptiles, amphibians,
fish and invertebrates as a food supply. These predators include mammals
like raccoons and birds such as belted kingfisher (Megaceryle alcyon) and
great blue heron (Ardea herodias).
Destruction of pasture community along the project trajectory.will
result in the loss of foraging and breeding habitats for many of the
terrestrial species which utilize this area. Loss of these habitats will
result in a reduction and displacement of species found in the subject
project study zone.
The proposed action could have affects on the aquatic environment
which flows through the project boundaries. Strict enforcement of
sedimentation control measures and best management practices (BMPs) should
be observed. Sedimentation into this creek can be harmful to local
populations of invertebrates such as crustacea and insect larvae which are
important parts of the aquatic food chain. Fish populations found
downstream of the proposed action can also be harmed by sedimentation.
Black Creek is the only water resource associated with the subject
project area. This creek's headwaters originate in Mecklenburg County
near the intersection of SR 2828 and SR 2853 and flow east into Cabarrus
County, where it is a tributary of Rocky River. Water depth at the
project site measures from several inches in the shallows to
approximately 1 foot in deeper portions of the stream. The substrate is
sandy bottom and the channel width is from 10 to 12 feet. Black Creek is
part of the Yadkin-Pee Dee river basin.
The National Pollutant Discharge Elimination System (NPDES) does not
list any dischargers for the Black Creek study area.
Black Creek has a best usage classification of C. Class C waters are
suitable for aquatic life propagation and survival, fishing, wildlife,
secondary recreation and agriculture.
The Benthic Microinvertebrate Ambient Network (BMAN) addresses long
term trends in water quality at fixed monitoring sites by the sampling for
selected benthic macroinvertebrates. These organisms are sensitive to
very subtle changes in water quality. Good water quality is associated
with high taxa richness (the number of different types of organisms) and
the presence of many intolerant species. Water quality degradation
gradually eliminates the more sensitive species and leads to a community
structure quite different from that in an unstressed stream. Specific
7

data is not available for the immediate project area. However, data
received from an upstream biological sampling station (1988) gives the
upper section of Black Creek a good/fair bioclassification.
No waters classified as High Quality Waters (HQW), Outstanding
Resource Waters (ORW) or waters designated as WS-1 or WS-II will be
impacted by the proposed project, nor are these resources located within 1
mile of the subject area.
Potential impact to Black Creek will be increased sedimentation from
construction-related erosion. This is viewed as a temporary impact,
however, poorly managed application of sedimentation control policies can
result in serious damage to the aquatic environment. Sedimentation and
erosion control measures will be strictly enforced during the construction
stage of this project.
Wetlands and surface waters fall under the broad category of "Waters
of the United States" as defined in 33 CFR 328.3 and in accordance with
provisions of section 404 of the Clean Water Act (33 U.S.C 1344).
The bank-to-bank waters of the United States falls under the
jurisdiction of the U.S. Army Corps of Engineers (COE) and is likely to be
authorized by provisions of Nationwide permit 33 CFR 330.5 (A) 23. This
permit authorizes activities undertaken, assisted, authorized, regulated,
funded, or financed, in whole or in part, by another federal agency or
department where that agency or department has determined, pursuant to the
council on environmental quality regulation for implementing the
procedural provisions of the National Environmental Policy Act,.that the
activity, work, or discharge is categorically excluded from environmental
documentation because it is included within a category of actions which
neither individually nor cumulatively have a significant effect on the
human environment and the office of the chief of engineers has been
furnished notice of the agency's or department's application for the
categorical exclusion and concurs with that determination.
Federal law states that any action, which has the potential to result
in a negative impact to federally-protected plants or animals, is subject
to review by the USFWS (and/or the National Marine Fisheries Service),
under one or more provisions of the Endangered Species Act (ESA) of 1973,
as amended. The USFWS and other wildlife resource agencies also exercise
jurisdiction over protected species in accordance with the Fish and
Wildlife Coordination Act of 1979. Certain plants and animals, which are
endemic to North Carolina and/or whose populations are in severe decline,
are also protected by North Carolina law.
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.
The U.S. Fish and Wildlife Service (USFWS) lists Schweinitz's
sunflower (Helianthus schweinitzii) as federally protected (E) for
Cabarrus County as of March 16, 1992.
8

Plant-by-plant surveys for Schweinitz's sunflower were conducted on
June 3, 1992. No sunflower species (Helianthus spp.) were discovered at
the project site. It can be concluded that the subject project will not
impact the federally endangered Helianthus schweinitzii.
Two Candidate species may occur in the area. Candidate species are
species which are not legally protected under the Endangered Species Act
and are not subject to any of its provisions, including Section 7, until
they are formally proposed or listed as Threatened or Endangered. These
are as follows:
SCIENTIFIC NAME COMMON NAME HABITAT
Lotus helleri Heller's trefoil Yes
Nestronia umbellula nestronia Yes
Plants or animals with state designations of Endangered (E),
Threatened (T) or Special Concern (SC) are granted protection by the State
Endangered Species Act and the N.C. Plant Protection and Conservation Act
of 1979, administered and enforced by the North Carolina Wildlife
Resources Commission and the N.C. Department of Agriculture.
A search of the North Carolina Natural Heritage Programs data failed
to turn up any records of occurrence of state-protected species in the
study area.
This project is subject to compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended, 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.
Photographs, maps, and information about the area of potential effect
(APE) were provided by the Department of Transportation (DOT) and reviewed
with the State Historic Preservation Office (SHPO). SHPO provided DOT
with a USGS map showing properties that had been recorded in the general
project area. Since the bridge will be replaced in its existing location
without a shift in alignment, the road will be closed and there will not
be an on-site detour during construction. There are no properties within
the APE which are eligible for the National Register. SHPO and DOT have
discussed this matter.
Since there are no properties either listed in or eligible for the
National Register in the APE, no further compliance with Section 106 is
required.
The project is located within the Metropolitan-Charlotte Interstate
Air Quality Control Region. This project is in an air quality
nonattainment area which has transportation control measures in the State
Implementation Plan (SIP) which was approved by the Environmental
9
J
Protection Agency (EPA) on March 19, 1981. The Federal Highway
Administration (FHWA) has determined that both the Transportation Plan and
the Transportation Improvement Program (TIP) conform to the SIP. The FHWA
has determined that this project is included in the TIP for the Charlotte-
Metropolitan planning area. Therefore, pursuant to 23 CFR 770, this
project conforms to the SIP.
The project will not substantially increase traffic volumes.
Therefore, its impact on noise levels and air quality will be
insignificant. Noise levels could increase during construction but will
be temporary. If vegetation is disposed of by burning, all burning shall
be done in accordance with applicable local laws and regulations of the
North Carolina SIP for air quality in compliance with 15 NCAC 2D.0520.
This evaluation completes the assessment requirements of 23 CFR Part 772
(highway traffic noise) and 23 CFR Part 770 (air quality) and no
additional reports are required.
Cabarrus County is a participant in the National Flood Insurance
Regular Program in which a detail flood study for the downstream section
of Black Creek has been completed. However, the subject bridge is located
outside the limit of study. The approximate 100-year floodplain in the
project area is shown in Figure 4. The amount of floodplain area to be
affected is not considered to be significant.
There are no practical alternatives to crossing the floodplain area.
Any shift in alignment would result in a crossing of about the same
magnitude. The alignment of the project is perpendicular to the
floodplain area. All reasonable measures will be taken to minimize any
possible harm.
An individual permit will not be required from the Corps of Engineers
since the Nationwide Section 404 permit provisions are applicable, and the
provisions of 330.5(b) and 330.6 will be followed.
On the basis of the above discussion, it is concluded that no serious
adverse environmental effects will result from implementation of the
project.
MJ/rfm

-- Ip --i----? ??
' Is nom- 36
5 19 4 KannapoliS Misenhei e "
' 73 `3 36 12 1
0
i Ille a Jq ,? * 1 Moun P,'
\s , 29" ?C490111:0(u c
2 A 4 R U S,/'•
1
+ c-H, sburg ?;
1\ 'of l
/ 10 `
1110 !^/
1
/ I
1
I 0
I 0
li .a

1]W ,ti ?0
29 "-'
17W
' SO Go-0 \ l]O2 ?J V9?'k
35'2 BRIDGE NO. 169
FAr ? '- W
_10 O? IR .1
?HARI '., pVf11FRl
?.`....i 166
VA 0
n ?9
?? ?' 116)
Z \\\ ?1
1172 ?
c C>
O
0 (r,
,? 1 ^3
jXv
.4
.1
112 5
1 1238/
Y .1
\ I ^ 29 r
Roberta:' f .r?'3.. ?:[\
.o .:
AND
C7 ;?' 1
I ? ? ?? 1 LL 3r
1 13 1306 304 O] bF, 1153"
5 6 J _
.? 104 11 9
?11574.1]07 'i 1158
.:2800 / ^-] 12.5'
"
1,47] J 1' h 1159 121'.
• I ! , 1.2 1212~
?' 1160
e?
b I
0 1
113a
76 y ? `
11]2
IS71 T 7
135
5 Q
1132

LEGEND
STUDIED DETOUR ROUTE
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PLANNING AND ENVIRONMENTAL
BRANCH
SR 1166
BRIDGE NO. 169
BLACK CREEK
CABARRUS COUNTY
B-2008
0 miles 2
1 1 1 FIG. 1A

s
1
HARRISBURG
POP. 1,433
LEGEND
STUDIED DETOUR ROUTE
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PLANNING AND ENVIRONMENTAL
BRANCH
SR 1166
BRIDGE NO. 169
BLACK CREEK
CABARRUS COUNTY
B-2008
17 0 mile 1
1 1 1 FIG. 1B

f ? Y.
CABARRUS COUNTY
BRIDGE NO. 169
B-2008
LOOKING SOUTH
LOOKING NORTH
SIDE VIEW
F?QUP

\ \ SOUTHERN

I I
I I
?I
00
o.

11
II
I I
.I!
H
RAII WAY
BRIDGE NO. 169
ZONE A
\ lilg] sown of I i:?rrish(I r21
\ AREA NOT INCLUDED
I \ o li _
I ?
I \
ZONE A
1
?i cl?ek FIGURE 4