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HomeMy WebLinkAbout19970187 Ver 1_Complete File_19970227IL f 'wsa STATE OF Noimi CAROLINA QJ? DEPARTMENT OF TRANSPORTATION )Anlt:s B. HUNI JR. DIVISION OF HIGHWAYS GARLAND B. GARRFIT jR. Gow1kNoli P.O. BOX 25201. RALI:IGI 1• N.C. 27611-5201 SECRETARY January 31, 1997 RECEIVED U.S. Army Corps of Engineers FEB 2 71997 Regulatory Field Office 1'. O. Box 1890 ENVIRONMENTAL SCIENCES Wilmington. NC 28402-1890 AThN: Mr. Cliff Winefordner Chief, Southern Section Dear Sir: SUBJECT: Duplin County. Replacement of Bridge No. 14 over Limestone Creek and Bri4e No. 31 over Limestone Creek Overflow on NC I 11. TIP No. B- 2130, State Project No. 8.1241701. Federal Aid Project No. BRSTP- 111(2). Attached for your information is a copy of the categorical exclusion action classification form and the natural resources technical report for the subject project. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 C'IJR 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 (13-23) issued December 13, 1996, by the Corps of Engineers. The provisions of Section 330.4 and appendix A (C) of these regulations Will be followed in the construction project. We anticipate that 401 General Water Quality Certification No. ')745 (Categorical l;xcluslon) will apply to this project, and are providing a copy of le Cl., dOCLI111C tile North Carolina Department of I•.nvironment, 1 Icalth and Natural Resou?'ccs, Division of Water Quality, for their review. •z If you have any questions or need any additional information, please contact Mr. Michael Wood at (919) 733-7844 extension 306. Sincerel , 1-I. Franklin Vick, PE, Manager Planning and Environmental Branch cc: w/ attachment Mr. Scott McLendon, COE. NCDOT Coordinator Mr. John Dorney, Division of Water Quality Mr. William J. Rogers, P.E., Structure Design w/o attachments Mr. Tom Shearin, P.1., Roadway Design Mr. Kelly Barger, P.E., Program Development Mr. Don Morton. P.E.. I-Iigllway Design Mr. A. L. Hankins. P.E.. I lydraulics Mr. D. J. Bowers, P.E., Division 3 Engineer Ms. Jeff Ingham, Planning & Environmental CATEGORICAL EXCLUSION ACTION CLASSIFICA'T'ION FORM TIP Project No. B-2130 State Project No. 8.1241701 Federal-Aid Project No. BRSTP-111(2) A. Project Description : The purpose of this project is to replace Bridge No's. 14 and 31 on NC 1 11 over Limestone Creek and Overflow in Duplin County. The new structure to replace Bridge No. 14 will be a 3 @ 3.0 meter by 2.4 meter (10 foot by 8 foot) reinforced concrete box culvert (RCBC). The new structure to replace Bridge No. 31 will be a bridge approximately 37 meters (120 feet) in length and 9.1 meters (30 feet) in width. Both replacements will be located at approximately the same location and roadway elevations as the existing bridges. The travelway on the bridge will be two 3.7 meter (12 foot) lanes with 1 meter (3 foot) shoulders. Approach work will consist of resurfacing and widening the roadway to two 3.7 meter (12 foot) lanes with 2.4 meter (8 foot) shoulders, including 0.6 meter (2 foot) paved shoulders on each side, and installing guardrail where appropriate. This approach work will extend from approximately 91 meters (300 feet) south of Bridge No. 14 to approximately 122 meters (400 feet) north of Bridge No. 31. The total project length will be approximately 396 meters (1300 feet). Cars will be detoured along NC 241 and SR 1700 during construction. Due to weight restrictions on Bridge No. 155 on SR 1700, truck traffic will be detoured along NC 241 and NC 11. B. Purpose and Need: Bridge No. 31 has a sufficiency rating of 4 out of 100. The structure is a two lane bridge with 7.7 meters (25.4 feet) of bridge roadway width. Bridge No. 14 has a sufficiency rating of 46.7 out of 100. The structure is a two lane bridge with 7.7 meters (25.4 feet) of bridge roadway width. Modern design standards specify a bridge 9.1 meters (30 feet) in width. Neither bridge is currently posted with a weight restriction. The "Do-nothing" alternate is not practical, requiring the eventual closing of the road as the existing bridge completely deteriorates. Rehabilitation of the existing deteriorating bridge is neither practical nor economical. For these reasons, Bridge No's. 31 and 14 need to be replaced. 14 C: Proposed Improvements: The improvements which apply to the project are circled: Type I Improvements Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveways 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 c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/ or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit O Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation 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 O Replacing a bridge (structure and/ or fill) 4. Transportation corridor fringe parking facilities. 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. Approvals for changes in access control. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is consistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements ) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is consistent 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 will not limit the evaluation of alternatives, including shifts in alignment IOC planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NI--'PA process has been completed. 14 D. Special Project Information Environmental Commitments: All standard procedures and measures will be implemented to avoid or minimize environmental impacts. All practical Best Management Practices (BMP's) will be included and properly maintained during project construction. In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." North Carolina Division of Environmental Management (DEM) Section 401 Water Quality General Certification will be obtained prior to issue of the Army Corps of Engineers Nationwide Permit # 23. Estimated Costs: Construction $ 900,000 Right of Way $ 33,000 Total $ 933,000 Estimated Traffic: Current - 2,000 VPD Year 2018 - 4,100 VPD TTST - 2% DUAL - 3 % Proposed Typical Roadway Section: Travelway - two 3.7 meter (12 foot) lanes Shoulders - 2.4 meter (8 foot) shoulders including 0.6 meter (2 foot) paved shoulders Design Speed: 100 km/h (60 mph) Functional Classification: Rural Major Collector Division Office Comments: The Division 3 Engineer recommends replacing the bridges in place and detouring traffic along surrounding roads during construction. 4 E. Threshold Criteria If any Type II actions are involved in the project, the following evaluation must be completed. If the project consists n of Type I improvements, the following checklist does not need to be Completed. ECOLOGICAL YES NO (1) Will the project have a substantial impact on any - - unique on any unique or important natural resource'? 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? X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than x one-third (1/3) acre and have all practicable measures wetland to avoid and minimize takings been evaluated'? (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? X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters X (HQW)? (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties'? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? X 5 14 PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any N/A "Area of Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier Resources Act resources? X (12) Will a U. S. Coast Guard permit be required? X (13) Will the project result in the modification of any existing regulatory floodway? X (14) Will the project require any stream relocations or channel changes? X SOCIAL AND ECONOMIC YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? X (16) Will the project require the relocation of any family or business? X (17) If the project involves the acquisition of right of way, is the x amount of right of way acquisition considered minor'? (18) Will the project involve any changes in access control'? X (19) Will the project substantially alter the usefulness and/ or land use of any adjacent property'? X 6 r (20) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? X (21) Is the project included in an approved thoroughfare plan and/ or Transportation Improvement Program (and is, X therefore, in conformance with the Clean Air Act of 1990)? -- (22) Is the project anticipated to cause an increase in traffic volumes? X (23) Will traffic be maintained during construction using existing - roads, staged construction, or on-site detours? X (24) Is there substantial controversy on social, economic, or environmental grounds concerning the project? X (25) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the action? X CULTURAL RESOURCES YES NO (26) Will the project have an "effect" on properties eligible for or listed on the National Register of Historic Places'? X (27) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl X Section 4(f) of the U. S. Department of Transportation Act of 1966)? (28) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for X inclusion in the natural Wild and Scenic Rivers`? F. Additional Documentation Required for Unfavorable Responses in Part E Not Applicable 7 J G. CE ApDCOVaI TIP Project No. B-2130 State Project No. _ 8.12417.0.1 Federal-Aid Project No. _ BRSTP-111(2) Project Description: The purpose of this project is to replace Bridge No's. 14 and 31 on NC 111 over Limestone Creek and Overflow in Duplin County. The new structure to replace Bridge No. 14 will be a 3 @ 3.0 meter by 2.4 meter (10 foot by 8 foot) reinforced concrete box culvert (RCBC). The new structure to replace Bridge No. 31 will be a bridge approximately 37 meters (120 feet) in length and 9.1 meters (30 feet) in width. Both replacements will be located at approximately the same location and roadway elevations as the existing bridges. The travelway on the bridge will be two 3.7 meter (12 foot) lanes with 1 meter (3 foot) shoulders. Approach work will consist of resurfacing and widening the roadway to two 3.7 meter (12 foot) lanes with 2.4 meter (8 foot) shoulders, including 0.6 meter (2 foot) paved shoulders on each side, and installing guardrail where appropriate. This approach work will extend from approximately 91 meters (300 feet) south of Bridge No. 14 to approximately 122 meters (400 feet) north of Bridge No. 31. The total project length will be approximately 396 meters (1300 feet). Cars will be detoured along NC 241 and SR 1700 during construction. Due to weight restrictions on Bridge No. 155 on SR 1700, truck traffic will be detoured along NC 241 and NC 11. (See the attached location map.) Catcuorical Exclusion Action Classification: X TYPE II (A) TYPE II (B) Cam' Date Assistant Manager Planning & Environmental Branch Date Project Planning Unit Ilead Date Proje P fining Et}ncer 8 .0100 Studied Detour Route For Automobiles 9s 2.0 ? 09 v rv 1732 v ?1710 1.5 a I,??? N 35000' 1703 1733 17/1 o- .6 ? 1712 • N 1734 ?? ?? 1732 i 4 1 y'? y 1710 h ? a Jodup . 0 4 1728 ?qs 1 1732 1735 ? c? \ I i.? ?( a 1711 ?P 1702 ? i??? \\ b v ?O r i Cabin i •.7 1' 36 Potters tl 1710 Hill° Gum Yronch 1 717 I 1 716 1714 murch a o ry zit , 0 ? •`' - ti BRIDGE NO. 31 ?? 1700 ,C 9 1715 Cr 1700 . . eek ?- `L 1718 I 1719 BRIDGE NO. 14 ? ?, ?P5 q \ ?' 1719 1720 ` j 1727 S 1726 41 j 5 .S PAP f f^.,, rv \ 4- 17; 1739 .4 t•; ].p? 4 t•: .:.:?. _ BEULAVILLE 1715 nnc<tnne 12002 '6 POP. 1,060 1721 9 i o L _ ,•:: 0- 1962 2 1 19 b 1961 4`.y:;.•:•., .' F P 24 5 North Carolina Department Of Transportation 1963 Planning & Environmental Branch .9 DUPLIN COUNTY 9 1962 1724 0: '1802 1832 1801 REPLACE BRIDGE NO'S. 31 AND 14 1724 ,6 Q 6 ^ a ON NC 111 OVER LIMESTONE CREEK i1 AND OVERFLOW }1 1 1833 ; B-2130 4 1800 1 0 1801 0 kilometers 1.6 Idlometers 3.2 1964 Figure 1 0 miles 1 miles 2 Replacament of Bridge No.'s 31 and 14 on NC 111 Over Limestone Creek and Limestone Creek Overflow Duplin County TIP NO. B-2130 STATE PROJECT NO. 8.1241701 FEDERAL AID PROJECT NO. BRSTP-111(2) NATURAL RESOURCES TECHNICAL REPORT B-2130 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH ENVIRONMENTAL UNIT Matt K. Smit.?, Environmental Biologist 4 DECEMBER 1996 TABLE OF CONTENTS 1.0 Introduction .................................................................................................... 1 1.1 PROJECT DESCRIPTION .................................................................... .............. 1 1.2 METHODOLOGY .............................................................................. .............. 2 1.3 TERMINOLOGY AND DEFINITIONS ...................................................... .............. 3 1.4 QUALIFICATIONS OF PRINCIPAL INVESTIGATOR .................................. .............. 3 2.0 Physical Resources ....................................................................................... 3 2.1 REGIONAL CHARACTERISTICS ......................................................... ............... 4 2.2 SOILS ........................................................................................... ............... 4 2.3 WATER RESOURCES ..................................................................... ............... 4 2.3.1 Physical Characteristics of Surface Waters ................... ............... 4 2.3.2 Best Usage Classification ................................................ ............... 5 ........................................ 2.3.3 Water Quality ....... ............... 5 2.3.3.1 General Watershed Characteristics ........................ ............... 5 2.3.3.2 Benthic Macroinvertebrate Ambient Network ........ ............... 6 2.3.3.3 Point Source Dischargers ........................................ ............... 6 2.3.4 SUMMARY OF ANTICIPATED IMPACTS ............................................ ............... 6 3.0 Biotic Resources ............................................................................ ............... 7 3.1 TERRESTRIAL COMMUNITIES ........................................................... ............... 7 3.1.1 Disturbed Community ....................................................... ............... 8 3.1.2 Cypress-Gum Swamp .................................................... ... ...:'.....:.::.. 8 3.1.3 Coastal Plain Bottomland Hardwood forest ................... ............... 9 3.2 AQUATIC COMMUNITIES .................................................................. ............. 10 3.3 SUMMARY OF ANTICIPATED IMPACTS .............................................. .............. 10 3.3.1 Impacts to Terrestrial Communities ............................... .............. 10 3.3.2 Impacts to Aquatic Communities ................................... .............. 11 4.0 Jurisdictional Topics .................................................................... .............. 12 4.1 WATERS OF THE UNITED STATES ................................................... .............. 13 4.1.1 Characteristics of Wetlands and Surface Waters ......... .............. 13 4.1.2 Summary of Anticipated Impacts ................................... .............. 13 4.1.3 Permits .............................................................................. .............. 14 4.1.4 Avoidance, Minimization, Mitigation .............................. .............. 15 4.2 RARE AND PROTECTED SPECIES ................................................... .............. 16 4.2.1 Federally-Protected Species ........................................... .............. 16 4.2.2 Federal Species of Concern and State Listed Species .............. 18 5.0 REFERENCES .............................................................................................. 19 1.0 Introduction The following Natural Resources Technical Report is submitted to assist in the preparation of a Categorical Exclusion (CE) for the proposed project. The purpose of this document is to inventory and describe the natural resources which occur within the proposed right-of-way boundaries and which are likely to be impacted by the proposed action. Assessments of the nature and severity of probable impacts to these natural resources are provided, along with recommendations for measures which will minimize resource impacts. This report identifies areas of particular environmental concern which may affect the selection of a preferred alignment or may necessitate changes in design criteria. Such environmental concerns should be addressed during the preliminary planning stages of the proposed project in order to maintain environmental quality in the most efficient and effective manner. The analyses contained in this document are relevant only in the context of the existing preliminary project boundaries and design. If design parameters and criteria change, additional field investigations may be necessary. 1.1 PROJECT DESCRIPTION The proposed project calls for the replacement of Bridge No.'s 14 and 31 on NC 111 over Limestone Creek and Limestone Creek overflow. The project lies in Duplin County, 3.2 km (2 mi) north of Beulaville (Figure 1). The existing cross section is 7.7 m (25.4 ft) and the proposed cross section is 12.2 m (40 ft), no additional right-of-way will be required for the construction of the proposed project. Two alternatives are being considered: .Alternative 1 calls for the replacement of Bridge No. 14 with a 2.4 m (10 ft x 8 ft) reinforced concrete box culvert at the existing location and the replacement of Bridge No. 31 with a bridge 37 m in length at the existing location. Traffic will be rerouted onto secondary roads throughout project construction. Total project length is 274 m 900 ft). .Alternative 2 calls for the replacement of Bridge No. 14 with a 2.4 m (10 ft x 8 ft) reinforced concrete box culvert at the existing location and the replacement of Bridge No. 31 with a bridge 37 m (120 ft) in length at the existing location. The construction of an onsite detour located east of the existing roadway to maintain traffic flow. The onsite detour involves the construction of one temporary bridge and one temporary culvert. Total project length is 457 m (1500 ft). 5 _t '? o•.dena K. toy f. ??w.nKt II ? I S. V TTY ,Y, ] S' l ?? K,nana.a 1. % ron 117 Nall 1 1„I,?u D lP P L l' I I N ° I+,twli < 1 7{ II u In1 41' lnn,n 1 Am, Hilt \ '? 7 •,vin Call S """'f ( 41 T„ N I T, r, a"t _ v X09 ? r 2 v ?? I710 G.. C, N 1732 1.5 3.s'pp, 1 C. 1 1703 c 6 r? 1712 173A (' < =0 N Jocup ZI(O 1726 /-?-, SS 1732 _ 1735 ?.) ?w 1711 N G 1-70-211?I? ,., /• •. b CCDtn C1 _.5 • _ 170 ?c_ _ ?? 1 Hill e Gum yrcnch 171.7 1716` \ 1711 : (-Burch 1ti `l 1 700 17 c? ?` BRIDGE NO. 31 ? 4P - _ 9 _ 1715 1718 f / / a 1 1 1719 c, q BRIDGE NO. 14 1719 ? S 171727 .5 9J` 41 `-b t 12 66 •? ? -? n 17: .S FAP r.- rr /? S t ?';.•.. ,?' BEULAVILLE 1715 _ / 6 ? 7 POP. 1,060 1721 a ?c?tone?J" - 2002 '••.'""??.,,c •e. a c S 1 ; r: 1. 1962 4 FAp 24 ~% North Carolina Department Of 1961 ?'• ":: ':• .•.. r 6 - <? Transportation 9 f & >. ??;, Planning & Environmental Branch 1963 DUPL.L`t CObN, -N a , 1801 REPLACE BRIDGE NO'S. 31 AND 14 i 1962 172A ° 1802 -1 fl 6 t 3 _ a ON NC 111 OVER LMESTONE CREEK 172e .6 ?5 ^ AND OVrRFLOW B-2130 1 r +r 0 kilomctcrs 1.6 ilomctcrs 3.2 1800 b 180. l } - if Figure I tubs ' a c 1?1 _-- ..r...aeanvasnst? !S! 0 milts 1 miles 2 2 1.2 METHODOLOGY Research was conducted prior to field investigations. Published resource information pertaining to the project area was gathered and reviewed. Resources utilized in this preliminary investigation of the project area include: • Geological Survey (USGS) quadrangle maps (Beulaville) • Fish and Wildlife Service (FWS) National Wetland Inventory (NWI) Maps (Beulaville) NCDOT aerial photographs of the project area (1:1200) • Soil Conservation Service [now known as Natural Resource Conservation Service (NRCS)] Soil Survey of Duplin County, North Carolina (1954). NC Center for Geographic Information and Analysis Environmental Sensitivity Base Map of Duplin County (1995) Water resource information was obtained from publications of the Department of Environment, Health and Natural Resources (DEHNR, 1993). Information concerning the occurrence of federal and state protected species in the study area was obtained from the FWS list of protected and candidate species (23 August 1996) and from the N.C. Natural Heritage Program (NCNHP) database of rare species and unique habitats. NCNHP files were reviewed for documented sightings of state or federally listed species and locations of significant natural areas. General field surveys were conducted along the proposed alignment by NCDOT Environmental Biologists Matt Smith and Logan Williams on 4 Octobar 1996. Water resources were identified and their physical characteristics were recorded. Plant communities and their associated wildlife were also identified and described. Terrestrial community classifications generally follow Schafale and Weakley (1990) where possible, and plant taxonomy follows Radford, et al. (1968). Animal taxonomy follows Martof, et al. (1980), Menhenick (1991), Potter, et al. (1980), and Webster, et al. (1985). Vegetative communities were mapped utilizing aerial photography of the project site. Predictions regarding wildlife community composition involved general qualitative habitat assessment based on existing vegetative communities. Wildlife identification involved using a variety of observation techniques: qualitative habitat assessment based on vegetative communities, active searching, identifying characteristic signs of wildlife (sounds, scat, tracks and burrows). Cursory surveys of aquatic organisms were conducted using a hand held dip net; tactile searches for benthic organisms were administered as well. Organisms captured during these searches were identified and then released. Jurisdictional wetlands, if present, were identified and evaluated based on criteria established in the "Corps of Engineers Wetland Delineation Manual" (Environment Laboratory, 1987) and "Guidance for Rating the Values of Wetlands 3 in North Carolina" (Division of Environmental Management, 1995). Wetlands were classified based on the classification scheme of Cowardin, et al. (1979). 1.3 TERMINOLOGY AND DEFINITIONS For the purposes of this document, the following terms are used concerning the limits of natural resources investigations. "Project area" denotes the area bounded by the proposed right-of-way limits along the full length of the project alignment. "Project vicinity" is defined as an area extending 1.0 km (0.6 mi) on all sides of the project area, and "project region" denotes an area equivalent in size to the area represented by a 7.5 minute USGS quadrangle map, i.e. 163.3 sq km (61.8 sq mi). 1.4 QUALIFICATIONS OF PRINCIPAL INVESTIGATOR Investigator Matt K. Smith, Environmental Biologist Education: BS Marine Biology, University of North Carolina at Wilmington, 12/94. Certification: N.C. Certified Wastewater Treatment Plant Operator. Experience: Laboratory Technician, Takeda Chemical Products Lepidoptera researcher, USFS Expertise: Native Lepidoptera collection, field biological inventories, water quality testing 2.0 Physical Resources Soil and water resources which occur in the project area are discussed below with respect to possible environmental concerns. Soil properties and site topography significantly influence the potential for soil erosion and compaction, along with other possible construction limitations or management concerns. Water resources within the project area present important management limitations due to the need to regulate water movement and the increased potential for water quality degradation. Excessive soil disturbance resulting from construction activities can potentially alter both the flow and quality of water resources, limiting downstream uses. In addition, soil characteristics and the availability of water directly influence the composition and distribution of flora and fauna in biotic communities, thus affecting the characteristics of these resources. 4 2.1 REGIONAL CHARACTERISTICS Duplin County lies in the Coastal Plain physiographic province of North Carolina (Figure 2). The topography of Duplin County is characterized as generally flat with moderate slopes sometimes associated with rivers and streams. In the vicinity of the project area, topography is nearly level, with slopes of less than 5 percent. Project elevations range from 5 m (16 ft) to 6 m (20 ft) above mean sea level. Parent material for soils in Duplin County is interbedded and unconsolidated sands, silts, and clays comprising marine sediments in the uplands and materials washed from these formations, transported by water or gravity, and laid down as alluvial deposits in the valleys. A predominance of the land available in Duplin County is managed for agriculture or forestry. Areas not in agriculture or forestry are generally too wet for these uses. 2.2 SOILS Soils located in the project area are classified as swamp (Sd). Swamp is a miscellaneous soil type that consists of very poorly drained areas along most of the larger streams and some smaller streams. The parent material for this soil type is recent deposits of alluvium. Swamp occurs on 0-2% slopes, has a high water table, is subject to frequent overflow, and is covered by water much of the time. This soil type is not listed as a hydric soil, however, field surveys determined that soils in the project area exhibit characteristics of hydric soil. The predominant forest type associated with this soil type is cypress-gum swamp. 2.3 WATER RESOURCES This section contains information concerning surface water resources likely to be impacted by the proposed project. Water resource assessments include th.? physical characteristics, best usage standards, and water quality aspects of the water resources, along with their relationship to major regional drainage systems. Probable impacts to surface water resources are also discussed, as are means to minimize impacts. 2.3.1 Physical Characteristics of Surface Waters Water resources located within the study area are located in the Northeast Cape Fear subbasin of the Cape Fear River Drainage Basin. Two surface water resources will be impacted by the proposed project, Limestone Creek and Limestone Creek overflow. Limestone Creek originates north of the project area ._ :'i? ?' III%/ 1'• ,(I ? sp°?°? cem, ''•'•I. .?•. ? Ili /? I\• '-? •x•11 ,• I j/ ?Cem ;I \ 3173 '`? '• • 111 •' {r, ( ? -- ,., cem ' r ' I ISOl1U in • , I 1, CdNn Ch •' ?.' - 111 I• ,I • • ' , ?•'( \ ?? • ••1?.. I ' 3172 Ce ? I ? leaaa ti,Gum Onneh Ch 57'30" ;s I)Still-? lilt - - BRIDGE NO. 31 - P, ( uoc Tr:rl.r???r:?.i,'C73cr`'?tls r f .-?- '?-• `'. _ .- - ? eo: Park ,n \ BRIDGE NO. 1.3 ;Li'me Creek - _ _ • L- `? ::I:em Quarry •I. 1 -- ? ? _-1 /, .?// ? !M Tho H,eh Fh \ \ i ? - ?' % I•' ?.o i V NORTH CARCLINA DEPARTMENT OF TRANSPORTATION ?_ ',•_ -??/?? / Ig DIVISION OF HIGHWAYS • -1 - iL \? I , Stl -•, %? r '' ? •' ?? ?? .n ' il,' I \`t?,.o??1?,'r;?'/ PLANNING d. ENVIRONMENTAL BRANCH ? / ' ? •'1 DUPLIN COUNTY ( _? / IT21 '' Cem y III ``''? to REPLACE BRIDGE NO'S. 14 & 31 ON NC 111 II + \ OVER LIMESTONE CREEK &OVERFLOW .?? _ ? ' ?a,... •t: ? ^.?? 8-2130 r TrailcrlLy . _ I ® - f Park 'i SCALE 1:24000 FIGURE Two ZZ 6M ?.L.IThealer ; B - W :7.7 • e ,f`'' Beul,,Iville u.. •11• 'I' t 71 1 • 1 ?f• _..i ~.?l' -ILA 1 I ? (8M 26.71 _ '!? V II I :y•J' •,• •?• ??T•_.i?•,•'?. 'T'If n? .27 26 5 \ ICI - •,?^ \ I AIll /J ICem' 11 „? Ch;i%1 ??_ __1.1•/V _ I I. OM 27.0 ???120 5 in Limestone Swamp and flows south to its confluence with the Northeast Cape Fear river in Hallsville. The two crossings are similar in physical characteristics, except that the Limestone Creek crossing has a denser riparian canopy. In the project area streams are approximately 9 m (30 ft) wide and 1-2 m (5-6 ft) deep, with steep banks. This is a black water swamp system, with extremely low flow except during flood events and substrates are classified as muck with alluvial sand in the outer floodplain. The floodplain is seasonally to semi-permanently flooded. Aquatic and streamside vegetation is evident in the disturbed areas adjacent to crossings, vegetation may have been more common prior to the recent 100 year floods. 2.3.2 Best Usage Classification Streams have been assigned a best usage classification by the Division of EnvironmeWai h1anagernent (DEr,,1) which reflects water quality conditions and potential resource usage. Limestone Creek (DEM Index No. 18-74-23) and its overflow are classified as "C Sw" (1 July 1973). Class C waters are defined as suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Sw is a supplemental classification which indicates swamp waters, or waters which have low velocity. 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. 2.3.3 Water Quality This section describes the water quality of the water resources within the project area. Potential sediment loads and toxin cincentrations of these waters from both point sources and nonpoint sources are evaluated. Water quality assessments are made based on published resource information and existing general watershed characteristics. These data provide insight into the value of water resources within the project area to meet human needs and to provide habitat for aquatic organisms. 2.3.3.1 General Watershed Characteristics Nonpoint source runoff from agricultural areas is likely to be the primary source of water quality degradation to the water resources located in the project vicinity. Water quality throughout North Carolina is significantly influenced by nutrient loading and sedimentation from agricultural runoff. To a lesser extent, 6 inputs of nonpoint source pollution from residences within the project area are probably also significant. 2.3.3.2 Benthic Macroinvertebrate Ambient Network The Benthic Macroinvertebrate Ambient Network (BMAN), managed by DEM, is part of an on-going ambient water quality monitoring program which addresses long term trends in water quality. The program monitors ambient water quality by sampling at fixed sites for selected benthic macroinvertebrate organisms. Some macroinvertebrates are sensitive to subtle changes in water quality; thus , the species richness and overall biomass of these organisms are reflections of water quality. However, BMAN information for Limestone Creek is currently unavailable. 2.3.3.3 Point Source Dischargers Point source dischargers located throughout North Carolina are permitted through the National Polljtant Discharge Elimination System (NPDES) program administered by the DEM. All dischargers are required to register for a permit. The DEM NPDES report lists no permitted dischargers into the streams and water bodies within the project area. 2.3.4 Summary of Anticipated Impacts Aquatic communities are sensitive to any changes in the environment. Any action which affects water quality can have an adverse affect on aquatic organisms. Although these actions may be temporary during the construction phase of the project, environmental impacts from these processes may be long term or irreversible. Replacing an existing structure in the same location with a road closure is almost always the preferred environmental approach. Bridge replacement on a new location with a detour on existing location generally results in more severe impacts, therefore, alternate 1 is the prefered alignment. Physical impacts will be most severe at the point of bridge replacement. Project construction may result in the following impacts to surface water resources: Increased sedimentation and siltation from construction and/or erosion. Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. 7 • Alteration of water levels and flows due to interruptions and/or additions to surface and ground water flow from construction. • Changes in water temperature due to vegetation removal. • Increased nutrient loading during construction via runoff from exposed areas. • Increased concentration of toxic compounds from highway runoff, construction, and toxic spills. • Increased scouring of the existing channel due to increased water volumes which will result from the concentration of stormwater runoff associated with the curb and gutter roadway design. Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles. • Alteration of stream discharge due to silt loading and changes in surface and groundwater drainage patterns. In order to minimize potential impacts to water resources in the project area, NCDOT's Best Management Practices for the Protection of Surface Waters should be enforced during the construction phase of the project 3.0 Biotic Resources Biotic resources include terrestrial and aquatic communities. This section describes the biotic communities encountered in the project area, as well as the relationships between fauna and flora within these communities. The composition and distribution of biotic communities throughout the project area are reflective of topography, soils, hydrology, and past and present land uses. Descriptions of*ihe terrestrial systems are presented in the context of plant community classifications. These classifications follow Schafale and Weakley (1990) where possible. Representative animal species which are likely to occur in these habitats (based on published range distributions) are also cited. Scientific nomenclature and common names (when applicable) are provided for each animal and plant species described. Subsequent references to the same organism refer to the common name only. Fauna observed during the site visit are denoted in the text with an asterisk ("). 3.1 TERRESTRIAL COMMUNITIES Three distinct terrestrial communities were identified within the project area: Disturbed Community, Cypress-Gum Swamp, and Coastal Plain Bottomland Hardwood Forest. Community boundaries are frequently ill-defined due to disturbance; contiguous communities often merge without distinct boundaries between them. Thus, some areas may contain characteristics of two communities. 8 3.1.1 Disturbed Community The disturbed community occurs on the roadside shoulders in the study area. It is maintained in an early successional state through infrequent mowing and herbicide application. The immediate shoulders are dominated by grasses such as: foxtail grass (Alopecurus carolinianus), crabgrass (Digitaria spp.), and bead-grass (Paspalum spp.). On the outer slopes of the shoulders this community herbaceous plants become more common. Common species are goldenrod (Solidago altissima and S. rugosa), dog fennel (Eupatorium sp.), tickseed (Bidens sp.), dayflower (Commelina communis), sicklepod (Cassia obtusifolia), skullcap (Scutellaria sp.), richardia (Richardia brasiliensis), knoiweed (Polygonum persicaria) and wool grass (Scirpus cyperinus). Vines in this community include morning glory (Ipomoea sp.), poison ivy (Toxicodendron radican's), honey suckle (Lonicera japonica), and Virginia creeper (Partheocissus quinquefolia). This community provides foraging opportunities for permanent residents of other communities in the project vicinity. Foraging opportunities exist for species which feed on seeds, insects, and carrion. Larger predators which commonly feed on small animals will also find foraging opportunities along roadside shoulders. Large predators commonly found utilizing roadside habitats include.- red-shouldered hawk (Buteo lineatus)', turkey vulture (Cathartes aura)', and gray fox (Urocyon cinereoargenteus). Invertebrates commonly found utilizing roadside habitats include: northern pearl crescent (Phycoides selenis), fiery skipper (Hylephila phyleus)", and spring azure (Celastrina argiolus) butterflies, also present are various grasshoppers, flys, moths, beetles, and bees. These species form the prey base for such predators as, garden spider (Argiope aurantia)", southern short-tailed shrew (Blarina carolinensis), red bat (Lasiurus borealis), eastern kingbird (Tyrannus tyrannus), prothonotary warbler (Protonotaria citrea), and Fowler's toad (Bufo woodhousii). Opportunities also exist for species which feed on seeds and grasses. Common herbivores in this habitat include: eastern cottontail (Sylvilagus floridanus), white-tailed deer (Odocoileus virginianus), European starling (Sturnus vulgais), and American robin (Turdus migratorius). 3.1.2 Cypress-Gum Swamp The cypress-gum swamp community has experienced varying degrees of disturbance from logging and recent storms. Portions of this community have been clear-cut and up to 90 percent of the cypress has been logged out of the rest. The canopy in this community is dominated by red maple (Acer rubrum), 9 sweet gum (Liquidambar styraciflua), river birch (Betula nigra), laurel oak (Quercus laurifolia), and bald cypress (Taxodium distichum). The understory is composed of young seedlings of canopy species that have germinated in openings and small trees such as horse sugar (Symplocus tinctoria), red bay (Persea borbonia), sweet bay (Magnolia virginiana), and green ash (Fraxinus pennsylvanica). Alligator-weed (Alternanthera philoxeroides) lizards tail (Saururus cernuus), and knotweed can also be found along water courses. Habitats found within this community support a highly diverse association of fauna. Raptors such as red shouldered hawk and barred owl (Strix varia) roost in the canopy and hunt in the adjacent disturbed community. Impoundments along stream channels provide excellent breeding habitat for amphibians, such as, squirrel treefrog (Hyla squirella)' and southern dusky salamander (Desmognathus auri-culatus) which lay their eggs in the seasonally wet pools. Moths such as imperial moth (Eacles imperialis) and underwings (Catocala spp.) are aztive in flight on most warm nights. Larger vertebrates such as raccoon (Procyon lotor)" and many of the species that forage in the disturbed community seek shelter in this and other forested communities.,' 3.1.3 Coastal Plain Bottomland Hardwood forest The bottomland hardwood forest in the project area occurs upslope of the cypress-gum swamp and contains many of the same species. The canopy includes: overcup oak (Q. lyrata), swamp white oak (Q. michauxii), red maple, sweet gum, and loblolly pine (Pious taeda). This community has a dense' understory and shrub layer, dominant species include: red bay, horse sugar, red maple, wax myrtle (Myrica cerifera), and iron wood (Carpinus caroliniana). Vines such as poison ivy and greenbrier (Smilax rotundifolia) are also found in the understory. Groundcover consists aimost entirely of seedlings of canopy and understory species. The dense nature of this community provides excellent shelter and additional foraging opportunities for species found in adjacent communities. Habitat is also available for woodland species that prefer upland environments. Red-bellied woodpecker (Melanerpes carolinus)" can be found on canopy trees foraging for insects. Also, lepidoptera such as wood nymph (Cercyonis peoala)* and pink-spotted hawk moth (Agrius cingulatus) feed in the understory of this community. Many small vertebrates thrive in the dense vine layer and deep leaf litter found on the forest floor. Species such as salamanders (Plethodon spp.), southeastern shrew (Sorex longirostris), and various mice (Peromyscus spp.) tunnel in the leaf litter to forage. White-tailed deer and gray fox are common large vertebrates in these habitats. 10 3.2 AQUATIC COMMUNITIES Community composition of the aquatic communities is reflective of the physical characteristics of the water body and the condition of the water resource. Terrestrial communities adjacent to water resources also greatly influence aquatic community composition and structure. Limestone Creek and its overflow are a coastal plain black water swamp. This community is characterized by extremely low flow and low water clarity. Aquatic habitats found within this community are the stream channels, semi- permanent pools, and permanently inundated pools. An extensive riparian canopy exists throughout this community, canopy composition is described in section 3.1. Hydrophytic herbs can be found to a varying degree in pools and open areas along the stream bank. Common species include: knotweed, alligator weed, and wool grass. Fauna in this community generally utilize all habitats during some part of the year. Species adapted to,periodic flooding events are found in the highest numbers. Common piscine species include: redfin pickerel (Esox amenicanus), bluespotted sunfish (Emneacanthus gloriosus)+, and longnose gar (Lepisosteus osseus). Aquatic organisms commonly found in semipermanently flooded bottomlands include; bowfin (Amia calva), eastern mudminnow (Umbra pygmaea), eastern mosquito fish (Gambusia holbrooki), and crayfish (Procambarus spp.). This community also supports nonpiscine species such as snapping turtle (Chelydra serpentina) and brown water snake (Nerodia taxispiIota). Piscivorous birds such as belted kingfisher (Megaceryle alycon) perch on low hanging branches in the riparian canopy and prey on small fish. 3.3 SUMMARY OF ANTICIPATED IMPACTS/ Construction of the proposed project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. This section quantifies and qualifies potential impacts to the natural communities within the project area in terms of the area impacted and the organisms affected. Temporary and permanent impacts are considered here as well, along with recommendations to minimize or eliminate impacts. 3.3.1 Impacts to Terrestrial Communities 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. Table 1 summarizes potential losses to these communities, 11 resulting from project construction. Calculated impacts to terrestrial communities reflect the relative abundance of each community present in the study area. Estimated impacts are derived based on the project length for alternate one and two of 274 m (900 ft) and 457 m (1500 ft), respectively, and the entire proposed right-of-way width of 30 m (100 ft). However, project construction often does not require the entire right-of-way; therefore, actual impacts may be considerably less. Table 1. Estimated area impacts to terrestrial communities. 71, C:bmm n?ty `, < ,rV'"? elm acted A L-A h ac > > h .\; .>\ t oyJ\>Aa i`\2'liGtiG.v. :,. ;'•: em4lwe.j >r••wk ?.`i nv..t.r N.31: 4 .aV. wn .:.\ < ... ... .. .. Disturbed Community 0.2 (0.6) 0.3 (0.7) Cypress-Gum Swamp 0.5 (1.2) Disturbed Cypress-Gum Swamp 0.1 (0.2) 0.3 (0.7) Bottomland Hardwood 0.1 (0.3) Total Impacts 0.3 (0.8) 1.2 (2.9) Alternate 1 is the prefered alternative in order.to minimize impacts to terrestrial communities. This alternative will not result in additional habitat fragmentation or the loss of forested habitats. The projected loss of habitat reuslting from project construction will have a minimal impact on populations of naitve fauna and flora. Construction of the prefered alignment (alternative 1) will primarily. impact the disturbed community, which is already highly altered from its natural state. Plants and animals found in this community are generally common throughout North Carolina and are'well adapted to life in disturbed areas. Also, a similar roadside shoulder community will be re-established after construction. Animals temporarily displaced by construction activites should repopulate areas providing suitable habitat following project completion. In order to minimize the temporary effects of project construction, all cleared areas along the roadways should be revegetated soon after completion to reduce the loss of wildlife foraging habitat. Construction of an onsite detour (alternate 2) will result in increased impacts to terrestrial communities. This alternate also impacts forested communities in the project area. The loss of these communities will result in an overall decrease in biological diversity. The disturbed communites that are likely to be established after project completion will not provide suitable habitat for some interior species 3.3.2 Impacts to Aquatic Communities Alterations in the aquatic communities will result from the installation and/or extension of bridges, box culverts and pipes. Impacts often associated with 12 in-stream construction include loss of natural stream substrates, increased channelization of water flow, and scouring of stream channels. In-stream construction alters the stream substrate available to aquatic organisms, resulting in changes in aquatic community composition. In addition, water movement through these structures becomes direct, thus increasing the flow velocity. As a result, scouring zones may develop within the channel at culvert outflows. Extreme care must be exercised during these activities to minimize sedimentation and ensure that water flow will not become restricted or abrasive at either end of the proposed culvert. Decreases in dissolved oxygen and fluctuations in water temperatures result from the removal of streamside vegetation and placement of fill material at the construction site. The removal or burial of these plants lowers the dissolved oxygen level of the stream, as well as limiting food and shelter resources for aquatic organisms. The indirect loss of aquatic plants and animals will affect terrestrial fauna which feed upon these resources. Sedimentation and erosion also increase with the loss of streamside vegetation. Greater exposure to wind and direct sunlight correlates into greater fluctuations in water temperatures. It is anticipated that permanent and temporary impacts to aquatic communities will occur from increased sedimentation, increased light penetration and loss of habitat. Sedimentation covers benthic organisms, inhibiting their ability to feed and obtain oxygen. Filter feeders may be covered by excessive sedimentation, thus preventing their ability to feed. Increased sediment loads and suspended particulates in the water column can lead to the smothering of fish eggs, reduced depth of light penetration in the water column, reduction of. dissolved oxygen and alterations in water temperature. Increased light penetration from the removal of streamside vegetation may also increase water temperatures. In order to minimize impacts to'agautic communities in the project area it is recommended that alternative 1 be selected. 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 construction, impact analyses required to satisfy regulatory authority prior to project 13 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. 4.1.1 Characteristics of Wetlands and Surface Waters Criteria to delineate jurisdictional wetlands include evidence of hydric soils, hydrophytic vegetation and hydrology. Wetlands occur on both alternates for the proposed project. Wetlands impacted by alternate t have been impacted by corridor maintenance (mowing, herbicide application). Approximately fifty percent of the wetlands that occur on alternate 2 exist in their natural state. Those wetlands that are disturbed are either clear-cut or maintained. Wetland flora and soils are comparable with a greater density of herbaceous plants occurring in disturbed areas. The wetland site is located on the east side of NC 111 from south of bridge # 14 to north of bridge # 31 and adjacent to the two bridges on the west of NC 111. This wetland is located within the cypress-gum swamp community, soils are loamy and exhibit low chroma values with common distinct mottles. Other wetland characteristics include: oxidized rhizospheres, drainage patterns, watermarks on vegetation, and inundation at 250 mm (10 in). This wetland serves an important ecological function by filtering runoff from adjacent agricultural operations. The N.C. DEM has instituted a numerical rating system from 0-100 to gauge wetland quality. The fourth version of this rating system assesses wetlands on the basis of water storage, pollutant removal, bank/shoreline stabilization, and aquatic life value aspects of a wetland community. Other wetland attributes considered are wildlife habitat and recreational, educational, and economic value. The DEM rating for this wetland is 69. 4.1.2 Summary of Anticipated Impacts Highway construction impacts can severely affect the functions that wetlands perform in an ecosystem. Wetlands influence regional water flow regimes by intercepting and storing storm runoff which ultimately reduces the 14 danger of flooding in surrounding and downstream areas. Wetlands have been documented to remove organic and inorganic nutrients and toxic materials from water that flows across them. The presence of wetlands adjacent to roadways can act as filters to runoff pollutants and toxins. Approximate areas of jurisdictional wetlands in each alignment are tabulated in Table 2. Table 2: Anticipated impacts to wetlands. Disturbed 0.1 (0.2) 0.3 (0.6) Cypress-Gum Swamp 0.2 (0.5) Disturbed Cypress-Gum Swamp 0.1(0.2) 0.2 (0.5) Bottomland Hardwood 0.2 (0.5) Total Impacts: 0.2 (0.4) 0.9 (2.1) Note: Values cited are in hectares (acres). Anticipated wetland impacts were determined using the entire ROW width of 30 m (100 ft). Project construction generally does not require the entire right-of-way width, therefore, actual wetland impacts may be considerably less. These impact estimates include only wetland areas directly disturbed by construction within the ROW, additional wetland areas might be indirectly affected due to changes in water levels and siltation from construction activities. The replacement of bridges at existing location with traffic detoured off site (alternate 1) will result in the minimal amount of wetland impacts. Wetlands . impacted by alternate 1 currently exist in a disturbed state. The construction of the onsite detour (alternate 2) will impact a greater area of higher quality wetlands than alternate 1. In order to minimize/avoid impacts to wetlands in the project area alternate 1 is preferred. 4.1.3 Permits impacts to jurisdictional surface waters and wetlands are anticipated from the proposed project. As a result, construction activities will require permits and certifications from various regulatory agencies in charge of protecting the water quality of public water resources A Nationwide Permit 33 CFR 330.5(a) (23) is likely to be applicable for all impacts to Waters of the United States resulting from the proposed project. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in whole, or part, by another Federal agency or department where that agency or department has determined the pursuant to the council on 15 environmental quality regulation for implementing the procedural provisions of the National Environmental Policy Act: (1) that the activity, work, or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and; (2) that the office of the Chief of Engineers has been furnished notice of the agency' or department's application for the categorical exclusion and concurs with that determination. This project will also require a 401 Water Quality Certification from the DEM prior to the issuance of the Nationwide Permit. Section 401 of the Clean Water Act requires that the state issue or deny water certification for any federally permitted or licensed activity that may result in a discharge to Waters of the United States. Section 401 Certification allows surface waters to be temporarily impacted for the duration of the construction or other, land manipulation. The issuance of a 401 permit from the DEM is a prerequisite to issuance of a Section 404 permit. 4.1.4 Avoidance; Minimization, Mitigation The COE has adopted through the Council on Environmental Quality (CEQ) a wetland mitigation policy which embraces the concept of "no net'loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological and physical integrity of Waters of he United States, specifically wetlands. Mitigation of wetland impacts has been defined by the CEQ to include: avoiding impacts (to wetlands), minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20). Each of these three aspects (avoidance, minimization and compensatory mitigation) must be considered sequentially. Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States. According to a 1990 Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE, in determining "appropriate and practicable" measures to offset unavoidable impacts, such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost, existing technology and logistics in light of overall project purposes. Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts to Waters of the United States. Implementation of these steps will be required through project modifications and permit conditions. 16 Minimization typically focuses on decreasing the footprint of the proposed project through the reduction to median widths, ROW widths, fill slopes and/or road shoulder widths. Compensatory mitigation in not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible. It is recognized that "no net loss of wetlands" functions and values may not be achieved in each and every permit action. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts which remain after all appropriate and practicable minimization has been required. Compensatory actions often include restoration, creation and enhancement of Water of the United States, specifically wetlands. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site. Projects authorized under Nationwide permits usually do not require compensatory mitigation according to the 1989 Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE. However, final permit/mitigation decisions rest with the COE. 4.2 RARE AND 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 development. 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 United States Fish and Wildlife Service (FWS). Other species may receive additional protection under separate state laws. 4.2.1 Federally-Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of 23 August 1996, the FWS lists the following federally-protected species for Duplin County (Table 3). A brief description of the characteristics and habitat requirements of each along with a conclusion regarding potential project impacts follows. 17 Table 3: Federally Protected Species for Duplin County. Scisr?tif?G Name Common Name', Alligator mississippiens American alligator T (S/A) Picoides borealis red cockaded woodpecker E Note: "E" denotes endangered, a species in danger of extinction throughout all or a significant portion of its range. "T (S/A)" denotes Threatened due to Similarity of Appearance, a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. Alligator mississippiens (American alligator) Threatened (S/A) This listing is defined as a species which is threatened due to similarity of appearance with other rare species and are listed to protect these species. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. Potential habitat for the American alligator does exist in the project study area; however, no sightings of this animal occurred during field investigations. Picoides borealis (red-cockaded woodpecker) Endangered Family: Picidae Date Listed: 13 October 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 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. 18 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 Suitable habitat for the RCW does not occur in the project area. Forested portions of the study area are bottomland harwood forest and cypress-gum swamp. These communities are composed of significantly less than 50 % pine and are not contiguous with pine stands that provide suitable foraging or nesting habitat. A search of the NHP database of rare species and unique habitats found no occurrence of the RCW in the project vicinity. Therefore, no impacts to this species will result from project construction. 4.2.2 Federal Species of Concern and State Listed Species There are three federal species of concern (FSC) listed by the FWS for Duplin County (Table 4). Federal species of concern are not afforded federal protection 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. However, the status of these species is subject to change, and so should be included for consideration. Federal Species of Concern (FSC) are defined as a species which is under consideration for listing for which there is insufficient information to support listing. In addition, organisms which are listed as Endangered (E), Threatened (T), or Special Concern (SC) by the North Carolina Natural Heritage Program list of Rare Plant and Animal Species are afforded state protection under the NC State Endangered Species Act and the NC Plant Protection and Conservation Act of 1979. Table 4 lists federal species of concern, the state status of these species (if afforded state protection), and the potential for suitable habitat in the project area for each species. This species list is provided for information purposes as the protection status of these species may be upgraded in the future. 19 Table 4. Federal candidate and N.C. protected species for Duplin County. ;:Scisntiftc;.Narrte orrvi:Nacrit'; ;NC'Sttus; Na iEat Procambarus plumimanus Croatan crayfish No Dionaea muscipula venus flytrap C-SC No Oxypolis ternata savanna cowbane No NOTE: "" Species not afforded state protection but listed as Federal Candidate. Surveys for these species were not conducted during the site visit, nor were any of these species observed. A review of the NCNHP data base of rare species and unique habitats revealed no records of North Carolina rare and/or protected species in or near the project study area. 5.0 REFERENCES American Ornithologists' Union. 1983. Check-list of North American birds (6th ed.). Lawrence, Kansas, Allen Press, Inc. Amoroso, J.L. and A.S. Weakley. 1993. Natural Heritage Program list of the rare plant species of North Carolina. North Carolina Natural Heritage Program. Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Technical report Y-87-1, U.S.-Army Engineer Waterways Experiment Station, Vicksburg, Miss. Lee, D.S., J.B. Funderburg, Jr. and M.K. Clark. 1982. A distributional survey of North Carolina mammals. Raleigh, North Carolina Museum of Natural History. LeGrand, Jr., H.E. and S.P. Hall. 1995. animal species of North Carolina Program. Natural Heritage Program list of the rare North Carolina Natural Heritage 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. Menhenick, E.F. 1991. The freshwater fishes of North Carolina. North Carolina Wildlife Resources Commission, Raleigh. NCDEHNR-DEM. 1988. Benthic Macroinvertebrate Ambient Network (BMAN) Water Quality Review 1983-1986. 20 NCDEHNR-DEM. 1991. Biological assessment of water quality in North Carolina streams: benthic macro invertebrate data base and long term changes in water quality, 1983-1990. NCDEHNR-DEM. 1993. Classifications and water quality standards for North Carolina river basins. Raleigh, Department of Environment, Health and Natural Resources. NCWRC. 1990. Endangered wildlife of North Carolina. Raleigh, North Carolina Wildlife Resources Commission. NRCS. 1976. Soil survey of Forsyth County, North Carolina. US Department of Agriculture, Natural Resources Conservation Service. Plant Conservation Program. 1991. List of North Carolina's endangered, threatened and candidate plant species. Raleigh, North Carolina Department of Agriculture. 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. 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. Department of Agriculture, Natural Resource Conservation Service. North Carolina Agriculture Experiment Station. U.S.Fish and Wildlife Service. 1979. Classifications of wetlands and deepwater habitats of the United States., U.S. Government Printing Office, Washington D.C. Webster, W.D., J.F. Parnell and W.C. Biggs. 1985. Mammals of the Carolinas, Virginia and Maryland. Chapel Hill, The University of North Carolina Press.