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HomeMy WebLinkAbout19970417 Ver 1_Complete File_19970512State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director r ID EHNR June 24, 1997 Greene County DWQ Project # 970417 DOT TIP No. 13-2830 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Franklin Vick N.C. Dept. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: You have our approval, in accordance with the attached conditions and those listed below, to place temporary fill in 0.11 acres of wetlands or waters for the purpose of bridge replacement at Contentnea Creek, as you described in your application dated 10 June 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3107 and 3114. These certifications allow you to use Nationwide Permit Numbers 23 and 33 when it is issued by the Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. DOT shall follow guidance provided by DWQ in our 27 May 1997 letter for minimizing damage to aquatic resources until a final policy is developed in conjunction with DOT. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. in 7% es n Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Central Files 970417.1tr Division of Water Cluality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/l0% post consumer paper ?5EA -4 I` all STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GovFRNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 June 10, 1997 US Army Corps of Engineers Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 Attention: Michael D. Smith, P.W.S. Chief, North Section Dear Sir: GARLAND B. GARRETT JR. SECRETARY REC&IV6 J(J/V1,9199, ENV 1RON`j'NTq? SGl(-`NSF ` S Subject: Greene County, Replacement of Bridge No. 23 over Contentnea Creek on NC 123, Federal Aid Project No. BRSTP-123(1), State Aid Project No. 8.1180501, T.I.P. No. B-2830. Action I.D. 199600139. On October 6, 1995 the North Carolina Department of Transportation distributed a Categorical Exclusion document for the above referenced project proposing to proceed under a Nationwide Permit in accordance with 33 CFR Appendix A (B-23). On January 25, 1996, the Corps of Engineers verified the issue of a Nationwide 23 permit. On May 6, 1997 we submitted an application for a Nationwide 33 permit for the construction of a temporary causeway. This letter responds to your June 3, 1997 request for additional information regarding schedule and disposal. SCHEDULE: The contract for the project is scheduled to be let in July 1997 with a Date of Availability for the contractor of August 25, 1997. The construction of the temporary causeway should start in early September 1997. The structure will be in-place for 4 to 6 months. Therefore, we estimate that the structure should be completely removed before February 15, 1998 which is the start of the in-stream work moratorium. If unforeseen events such as hurricanes or equipment failure prevent us from keeping to this schedule, we will apply for a modification. DISPOSAL: The fill will be disposed of in non-jurisdictional, upland locations. The exact site and use of the material will be determined by the Resident Engineer and the Contractor. The material will not be side cast into the water. 2 If you have any questions or need additional information, please call Alice Gordon at 733-7844, ext. 307. Sincerel , F anklin Vick, PE, Manager Planning and Environmental Branch HFV/plr cc: w/attachment Mr. David Lekson, Corps of Engineers, Washington Field Office Mr. John Dorney, NCDEHNR, DWQ Mr. David Cox, NCWCR, Raleigh Mr. Michael Street, NCDMF, Morehead City Mr. John Hefner, USFWS, Raleigh Mr. Ron Sechler, NMFS, Beaufort Mr. Kelly Barger, PE, Program Development Branch Mr. Don Morton, PE, Highway Design Branch Mr. A. L. Hankins, PE, Hydraulics Unit Mr. William J. Rogers, PE, Structure Design Unit Mr. Tom Shearin, PE, Roadway Design Unit Mr. C. E. Lassiter, PE, Division 2 Engineer ?•?;,. SIAiF,?? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201 May 6, 1997 U. S. Army Corps of Engineers Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 Attention: Michael D. Smith, P.W.S. Chief, North Section Dear Sir: GARLAND B. GARRETT JP, SECRETARY ??o?1??fI?!9 Subject:. - ; Greene County, Replacement of Bridge No. 23 over Contentnea Creek on NC 123, Federal Aid Project No. BRSTP-123(1), State Aid Project No. 8.1180501, T.I.P. No. B-2830. Action I.D. 199600139. On October 6, 1995 the North Carolina Department of Transportation distributed a Categorical Exclusion document for the above referenced project proposing to proceed under a Nationwide Permit in accordance with 33 CFR Appendix A (B-23). On January 25, 1996, the Corps of Engineers verified the issue of a Nationwide 23 permit. The project now requires the construction ofa temporary causeway. The new bridge cannot be constructed without the placement of the temporary causeway to provide construction access to Contentnea Creek. Construction of the proposed causeway is depicted in the attached drawings (Sheet 1 to 6). The causeway construction will require 0.045 ha (0.11 ac.) of temporary fill in Waters of the United States. Prior to construction, reference elevations will be taken before the causeway is built. Following construction, all causeway material will be removed. The causeway will be in place for approximately 6 to 8 months. The temporary till area will subsequently be restored to its original contour and rough surface texture. The temporary impact area is expected to recover naturally, since the topsoil and seed source will not removed. The NCDOT does not propose any additional planting in this area. In accordance with the environmental commitments set forth in the Categorical Exclusion, the North Carolina Department of Transportation will,implement a construction moratorium associated with the bridge replacement from February 15 9104A( 0 I through May 3 In ?iddition, the NCDOT's Best Management Practices for the Protection of Surface Waters and Sediment Control will be strictly enforced during construction of the project. It is anticipated that the above mentioned activities will be authorized under Section 404 Nationwide Permit 33 (Temporary Constriction Access and Dewatering). We are, therefore, requesting the issuance of a nationwide permit authorizing construction of the causeway. In addition, we hereby request a 401 General Certification be issued by the NC Department of Water Quality for the proposed temporary construction access bridge. If you have any questions or need additional information, please call Alice Gordon at 733-7844, ext. 307. Sincerely, H. Franklin Vick, PE, Manager Planning and Environmental Branch HFV/plr,. cc: w/attachment , Mr. David Lekson, Corps of Engineers, Washington Field Office Mr. John Dorney, NCDEHNR, DWQ Mr. David Cox, NCWCR, Raleigh Mr. Michael Street, NCDMF, Morehead City Mr. John Hefner, USFWS, Raleigh Mr. Ron Sechler, NMFS, Beaufort Mr. Kelly Barger, PE, Program Development Branch Mr. Don Morton, PE, Highway Design Branch Mr. A. L. Hankins, PE, Hydraulics Unit Mr. William J. Rogers, PE, Structure Design Unit Mr. Tom Shearin, PE, Roadway Design Unit Mr. C. E. Lassiter, PE, Division 2 Engineer DEM ID: CORPS ACTION ID: 199600139 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): T.I.P. No. NWP 33 P'RE -CONSTRUCT = ON NOT = F 2 CAT = ON AP PL =CAT = ON FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: NC Dept. of Transportation; Planning & Environmental Branch 2. MAILING ADDRESS: Post Office Box 25201 CITY: Raleigh STATE: SUBDIVISION NAME: NC ZIP CODE: 27611 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME): (WORK): (919) 733-3141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: H. Franklin Vick, P.E., Manager 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Greene NEAREST TOWN OR CITY: Hookerton 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Southeastern Greene County 0.5 mile northeast of Hookerton. Bridge No. 23 over Contentnea Creek on NC 123 6. IMPACTED OR NEAREST STREAM/RIVER: Contentnea Creek RIVER BASIN: Neuse 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED,AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO [X] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [X] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER,OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): NWP 23 - Action ID No. 199600139 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 2 1 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0, only surface waters 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: DRAINAGE: OTHER: TOTAL ACRES TO BE IMPACTED: 0 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: FT -AFTER: WIDTH BEFORE (based on normal high water contours): WIDTH AFTER: FT FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: Temporary causeway for construction access. 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): See cover letter and attached drawings. FT 3 13. PURPOSE OF PROPOSED WORK: Temporary access for creek for construction of the bridge 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Project is bridge over surface waters. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAIr MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: See CE document (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: See CE document 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO [] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [X] NO [] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [X] NO [] 4 IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. See CE document - distributed October 6, 1995 QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Rural f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. O 'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) DATE VICINIT MAPS N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS GREENE COUNTY PROJECT: 8.1180501 (B-2830) BRIDGE NO. 23 ON NC 123 OVER CON'rENTNEA CREEK SHI:E'r ) OF ro II w II II i I I t 7 i W n_ I ?f?0+bl C) v W I J?? r v) WW Q Q m >-- m V) W a U LLJ zO A aWct? ' U \ a. U Y I W ? I LLJ z W / G Lfl ? W I WL~' W , r I om? ~ a. 0 a Fro z _z? a i- y' / J N w / In s? U W W -i z ED o z w / x a 0 E. ? / W z c-" Q r? w w u ,, r^y r ? ^ em / Q ? z W W w W 0 E-- W a \ I W i o o ) 0 W N ?W a W F U H ? zz W z a w U V) O ? I. u? 7 (? 7 1 I :> z C G C" Z 00 rdr7 F O r c r l_i_ ?=• ?--z ` ?4 Q Q i ? / .a L7 LL) o ?G) ?? ? ?? w z O Q o W W ] {I cn WE OQ ?W ` 'y. 0 U <Q O W U r I ? ?, cn I C U 1 w / o N I rJ I I z F. ?n W o z F- o U `C z ?' o z o C] H a w w w o ? .00 = .6 U ? z z z w c7 U z z w z o ? O s- o Z ? Z Clr? 's C a F U F d ?z a LJ! J Q U 0 Z PROPERTY OWNERS PHILLIP H. DAUGHTRY ROUTE 1 BOX 160 HOOKERTON, NC 28538 EUGENE G. PERKINS 400 GRIMMERSBURG ST. FARMVILLE, NC 27828 L. H. STOCKS ROUTE 1 BOX 160D HOOKERTON, NC 28538 KAY I. LEWIS BOX 4 FARMVILLE, NC 27828 1 SUMMARY SITE STATION STRUCTURE TEMPORARY FILL IN SURFACE WATERS 1 13 + 47.100 -L- TEMPORARY 0.045 ha CAUSEWAY N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS GREENE COUNTY PROJECT: 3.1180501 (B-2830) BRIDGE NO. 23 ON NC 123 OVER CONTENTNEA CREEK SHEET60F6 -ST T( STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR DIVISION OF HIGHWAYS P.O. BOX 25201, RALEIGH, N.C. 27611-5201 December 15, 1997 US Army Corps of Engineers Wilmington Regulatory Field Office P.O. Box 1890 Wilmington, North Carolina 28402-1890 ATTENTION: Mr. Michael D. Smith, P.W.S. Assistant Branch Chief Dear Sir: GARLAND B. GARRETT J R. SECRETARY 9 7?7 } { f, 6 r` Subject: Greene County, Replacement of Bridge No. 23 over Contentnea Creek on NC 123, Federal Aid Project No. BRSTP-123(1), State Aid Project No. 8.1180501, T.I.P. No. B-2830. Action I.D. 199600139. The Corps of Engineers (COE) issued a Section 404 Nationwide Permit 23 for the subject project on January 25, 1996. This permit expired on January 21, 1997. The replacement of Bridge No. 23 over Contentnea Creek on NC 123 is not scheduled to be let to construction until Egbnm?y 1998. Consequently, the Department of Transportation (DOT) needs to enew authoriza 'on r this work. Information regarding the project description has n since the distribution of the Categorical Exclusion in a letter dated October 6, 1995. The bridge will be replaced on existing location. Since issuance of the Section 404 Nationwide Permit 23, the US Fish and Wildlife Service (FWS) has added the red-cockaded woodpecker (Picoides borealis) to its listing for Greene County. The DOT has included with this letter a biological conclusion of "No Effect" for this project in regard to its review of the RCW issue. A copy of this permit reauthorization request is also being sent to the FWS. The DOT requests that the COE reauthorize this bridge replacement project in Greene County under a Section 404 Nationwide Permit 23. Reissuance of 401 Water Quality Certification by the Division of Water Quality is also requested. 30011 2 If you have any questions or need additional information please call Ms. Alice N. Gordon at 733-7844 Ext. 307. Sincerely, H. Franklin Vick, PE, Manager Planning and Environmental Branch HFV/pct cc: Mr. David Lekson, Corps of Engineers, Washington Field Office Mr. John Dorney, NCDEHNR, Division of Water Quality Mr. John Hefner, USFWS, Raleigh Mr. Whit Webb, P.E., Program Development Branch Mr. R. L. Hill, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. William J. Rogers, P.E., Structure Design Unit Mr. Tom Shearin, P.E., Roadway Design Unit Mr. C. E. Lassiter, P.E., Division 2 Engineer Ms. Stacy Y. Baldwin, P.E., P & E Project Planning . STATE,, STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY 3 December 1997 Memorandum To: Alice Gordon, Permit Specialist Permits, Mitigation, and Natural Resources Unit From: Matt " K. Smith, Environmental Biologist Permits, Mitigation, and Natural Resources Unit Subject: Red-cockaded woodpecker survey for the proposed replacement of bridge no. 23 on NC 123 over Contentea Creek in Greene County. TIP No. B-2830; State Project No. 8.1180501; Federal Aid No. BRSTP-123(1). The following memorandum contains information concerning the red-cockaded woodpecker as it relates to the subject project, a brief description and biological conclusion for the species is also included. A field investigation was conducted by NCDOT biologists Matt Smith and Logan Williams on 2 December 1997 to determine if suitable habitat is available for the red-cockaded woodpecker in the study area. Picoides borealis (red-cockaded woodpecker) Endangered Family: Picidae Date Listed: 13 October 1970 The red-cockaded woodpecker once occurred from New Jersey to southern Florida and west to eastern Texas. It occurred inland in Kentucky, Tennessee, Arkansas, Oklahoma, and Missouri. The red-cockaded woodpecker 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 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 red-cockaded woodpecker is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The red-cockaded woodpecker has a large white cheek patch surrounded by the black cap, nape, and throat. 0 The red-cockaded woodpecker 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 red-cockaded woodpecker. 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 red-cockaded woodpecker is up to 200 hectares (500 acres). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with the fungus that causes red-heart disease. Cavities are located in colonies from 3.6-30.3 m (12-100 ft) above the ground and average 9.1-15.7 m (30-50 ft) high. They can be identified by a large incrustation of running sap that surrounds the tree. The large incrustation of sap is believed to be used as a defense by the red-cockaded woodpecker against possible predators. A clan of woodpeckers usually consists of one breeding pair and the offspring from previous years. The red-cockaded woodpecker 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 red-cockaded woodpecker is not found in the study area. Forested stands that will be impacted by project construction are part of a Cypress-Gum Swamp community and do not include any species of pine. A search of the NHP database of rare species and unique habitats shows no colonies in the vicinity of the subject project. The construction of the proposed project will not result in any impacts to the red-cockaded woodpecker. cc: V. Charles Bruton, Ph.D., Unit Head Hal Bain, Natural Resources Supervisor Gordon Cashin, Permits Supervisor