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HomeMy WebLinkAbout19960867 Ver 1_Complete File_19960905State of North Carolina Department of Environment and Natural Resources Division of Water (duality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director / • F NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 10, 1998 Nash County DWQ Project 960867 APPROVAL of 401 Water Quality Certification Mr. David Robinson NC DOT PO Box 25201 Raleigh, NC 27611-5201 Dear Mr. Robinson: You have our approval, in accordance with the attached conditions and those listed below, for the purpose of repacing bridge # 11 in Nash County, as you described in your application dated July 2, 1998. After reviewing your application, we have decided that this impact is covered by General Water Quality Certification Number 3026. This Certification allows you to use Nationwide Permit Number 23 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 replaces the Certification issued on September 7, 1996. 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 for a new certification. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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. 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 conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. 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 Dorney at 919-733-1786. i er y, L re on Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Dorney Central Files 960867.1tr Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper STATE OF NORTH CAROLINA 401 iSSUEE DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH. N.C. 27611-5201 E. MORRIS TOLSON GOVERNOR SECRETARY June 26, 1998 U. S. Army Corps of Engineers Raleigh Field Office 6508 Falls of the Neuse Road, Suite 120 ?' ,1Y1 Raleigh, North Carolina 27615 9 7 ATTN: Mr. Eric Alsmeyer NCDOT Coordinator WETLANDS ^GROUPOM1! Dear Sir: SUBJECT:.. ' RENEWAL APPLICATION FOR NATIONWIDE PERMIT-23 FOR BRIDGE NO. 11 R SWIFT CREEK, NASH COUN, TIP B-3007. The Corps of Engineers-(C-OE) issueo)a Section 404 Nationwide Permit 23 for the subject project on April 29, 1996 Action 199605'This permit expired on December 31, 1997. The replacement of the Bridge 1310 is not scheduled to be let to construction until August 1998. Consequently, the North Carolina Department of Transportation (NCDOT) needs to renew authorization for this work. While the information regarding the project description has not changed since the distribution of the programmatic Categorical Exclusion and the Natural Resources Technical Report in a letter dated March 8, 1996, it can be clarified that no wetlands will be impacted and impacts to surface waters will be less then 0.10 acre. The bridge will be replaced on existing location. An off-site detour will be utilized during bridge replacement as traffic will be maintained along secondary roads. Swift Creek supports populations of Tar River spinymussel (Elliptio steinstansana), a federally listed endangered species. Construction procedures which will avoid adverse impacts to the mussel were discussed at a September 20, 1995 field meeting. Fourteen provisions were agreed upon and are attached. Provision 7 required NCDOT examine the feasibility of eliminating deck drainage directly above the creek. This was found to be feasible and no deck drains will discharge directly into surface waters. 14'$ 2 Provision 11 states a final survey for the Tar River spinymussel is to be conducted in the project footprint before construction begins and if any individuals of the species are found, the Federal Highway Administration (FHWA) will initiate Section 7 formal consultation with the United States Fish and Wildlife Service (USFWS). One survey was conducted on May 19 failed to identify any individuals. However, a second survey conducted on June 3 did reveal one individual of the species in the project footprint which was relocated by NCDOT biologists. The finding was reported to USFWS. The USFWS, in coordination with NCDOT, agreed that as long as one more survey is conducted immediately before construction, then the Section 7 obligations will be fulfilled. The NCDOT requests that the COE reauthorize this bridge replacement project in Johnston County under a Section 404 Nationwide Permit 23. Reissuance of 401 Water Quality Certification by the Division of Water Quality is also requested. If you have any questions or nee#*dditional information please call Mr. Michael Wood at 919-733-7844, Extension 306. Sincerely, c L David C. Robinson, Ph.D., P.E., Asst. Manager Planning and Environmental Branch DCR/hrs Attachment cc: Mr. David Franklin, COE, NCDOT Coordinator Mr. John Dorney, Division of Water Quality Mr. William J. Rogers, P.E., Structure Design Mr. Tom Shearin, P.E., Roadway Design Mr. Whit Webb, P.E., Program Development Mr. R. L. Hill, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Mr. D. R. Dupree, Division 4 Engineer Ms. Michele James, Planning & Environmental I U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 199605807 County: Nash GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Agent: North Carolina Department of Transportation/Bridge No. I 1/S.R. 1310/TIP No. B-3007/State Project No. 8.2321101, Federal Aid Project No. BRZ-1301(1) Addr s : ATTN: Mr. H. Franklin Vick, PE, Manager. Planning & Environmental Branch Post Office Box 25201, Raleigh, North Carolina 27611-5201 Telephone No.: (919) 733-3141 Size and Location of project (waterway, road name/number, town etc..l: Bridge No. 1 1 on S.R. 1310, approximately 1.0 mile northeast of llilliardston. North Carolina. The project is located adjacent to, and below the headwaters of, Swift Creek. Description of Activity " Filling activities associated with the replacement of the existing bridge with a new bridge on the present alignment. There will be no jurisdictional wetland impacts. Traffic will be detoured along existing roads. Please note that the 14 Environmental Commitments outlined in the letter to the United States Fish and Wildlife Service (Service) (fated October 13, 1995 from. your office must be implemented in their entirety to prevent any adverse impacts to the federally listed endangered species (Tar River Spinymussel). X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Section 404 and Section 10. 23 Nationwide Permit. Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General/Nationwide Permit verification does not relieve the undersigned permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. Regulatory Project Manager Signature ?-'-i ?` ` Date September 12, 1996 Expi ation. Da e December 311\99 v ?'nr sUR., Y STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR Mr. Nicholas L. Graf, P. E. Division Administrator Federal Highway Administration 310 New Bern Avenue Raleigh, North Carolina 27601 Attention: Vince Barone Dear Mr. Graf: October 13, 1995 SUBJECT: Section 7 Field Inspection for Federally Endangered Tar River Spinymussel; Bridge No. 11 over Swift Creek on SR 1310; Nash County; Federal Aid Project BRZ-1310(1); State Project 8.2321101; TIP No. B-3007 On September 20, 1995 a field inspection was conducted by representatives of NCDOT"and USFWS for the above referenced project. The purpose of this field review was to discuss provisions for protecting the Federally Endangered Tar River Spinymussel. A list of the attendees are shown below: Jim Wilder Dean Sarvis Ray Moore Abdul Rahmani H. L. Davis Ken Pace Byron Moore Owen Anderson Frank McBride Ken Graham James Hoskins Tim Savidge Bill Goodwin John Williams Michele James Construction Unit Roadway Design Structure Design Hydraulics Construction Roadside Environmental Roadside Environmental NCWRC NCWRC USFWS - Raleigh NCDOT - Division 4 Planning and Environmental Planning and Environmental Planning and Environmental Planning and Environmental NCDOT Project Engineer, Michele James, began the meeting with a description of the project and the need for the Section 7 consultation. NCDOT Biologist, Tim Savidge, elaborated on the Tar River Spinymussel, of which a known population exists in Swift Creek. DIVISION OF HIGHWAYS GARLAND B. GARRETi' JR. P.O. BOX 25201. RALEIGH. N.C 27611-5201 SECRETARY (9 October 13, 1995 F Page 2 Mr. Jim Wilder of the NCDOT Construction Unit began discussion of provisions to protect the Tar River Spinymussel. Several options to replace the bridge were discussed. The following provisions to protect the Tar River Spinymussel were agreed upon: 1. The replacement structure will not have bents in the creek (two-span or three-span bridge). 2. The grade will be raised on one end of the bridge which will require more approach work. 3. The bridge deck will be removed from the top. 4. The bridge deck drainage on both approach spans will have stone lining underneath. 5. Rip-rap will be placed on the slopes. 6. The existing timber piles will be cut with a pneumatic saw at the mudline and lifted out. 7. During the design phase of the project, the feasibility of eliminating deck drainage directly above the creek will be studied in detail and if possible, will be incorporated into the final plans. 8. Modification of stream flow will be avoided. 9. All disturbed areas will be revegetated. Fertilizers, herbicides, and pesticides will be used carefully and as little as possible. 10. Storm-water runoff will not be channeled directly into the stream. 11. A final survey for the Tar River Spinymussels will be conducted in the project footprint before construction begins. If the survey reveals the presence of any Federally-endangered Tar River Spinymussels, the Federal Highway Administration will need to initiate formal consultation with the Fish and Wildlife Service in accordance with Section 7 of the Endangered Species Act. The decision to relocate Federally-endangered mussels will be considered during the formal consultation process and will be dependent on specific biological factors relative to the geographic area of impact and the species in question. 12. The Fish and Wildlife Service will be sent a copy of the plans before construction begins. 13. The contractor will notify NCWRC, USFWS, and the NCDOT Environmental Unit, in writing, of the construction begin date. October Page 3 14. 13, 1995 High Quality Water Best Management Practices will be impleme ted. Sincerel , H. ranklin Vick, P. E., Manager Planning and Environmental Branch MJ/rfm cc: Ms. Candace Martino, U.S. Fish and Wildlife Service Mr. David Cox, N.C. Wildlife Resources Commission Mr. John Alderman, N.C. Wildlife Resources Commission Mr. Jim Wilder, P. E., State Bridge Construction Engineer Mr. Jimmy Lynch, P. E., State Traffic Engineer Mr. John Smith, P. E., Structure Design Unit Mr. Archie Hankins, Jr., Hydraulics Unit Mr. Tom Shearin, P. E., Roadway Design Unit Mr. Bill Moore, Geotechnical Unit Mr. Hal Bain, Environmental Unit Mr. Tim Savidge, Environmental Unit Mr. James Hoskins, P. E., Division 4 Construction Engineer .a STATEo STATE OF NORTH CAROLINA DEPARTMENT OF 1PANSPORTATION JAMES B. HUNT JR. GOVERNOR August 26, 1996 ji 401 ISSUED DIVISION OF HIGHWAYS P.O. BOX 25201, RALEIGH. N.C. 27611-5201 U. S. Army Corps of Engineers Regulatory Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 ATTN: Mr. Michael Smith Chief, Northern Section Dear Sir: GARLAND B. GARRETT JR. SECRETARY RECEIVED aLr 0 S IN 6*IR AE "RA N^AL SCIENMS SUBJECT: Nash County, Replacement of Bridge No. 11 over Swift Creek on SR 1310. TIP No. B-3007, State Project No. 8.2321101, Federal Aid Project No. BRZ-1301(1). Attached for your information are copies 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 programmatic "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit but propose to proceed under a Nationwide Permit in accordance with 33 CFR 330 Appendix A (B-23) issued November 22, 1991, by the Corps of Engineers. The provisions of Section 330.4 and appendix A (C) of these regulations will be followed in the construction project. We anticipate that 401 General Water Quality Certification o. 2745 (Categorical Exclusion) will apply to this project, and are providing one opy of the document to the North Carolina Department of Environment, Health and a_tural esources, Division of Water Quality, for their review. '?J 2 If you have any questions or need any additional information, please contact Mr. Michael Wood at (919) 733-3141, Extension 315. Sincerely, H. ranklin Vick, PE, Manager Planning and Environmental Branch HFV/plr cc: w/ attachment Mr. Eric Alsmeyer, 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.E., Roadway Design Mr. Kelly Barger, P.E., Program Development Mr. Don Morton, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Mr. D. R. Dupree, P.E., Division 4 Engineer Ms. Teresa Hart, P.E., Planning & Environmental 1 L . CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. B-3007 State Project No. 8.2321101 Federal-Aid Project No. BRZ-1301(1) A. Project Description: THE PROJECT IS LOCATED IN NASH COUNTY OVER SWIFT CREEK. BRIDGE NO. 11 ON SR 1310 (TAYLOR'S GIN ROAD) WILL BE REPLACED IN ITS EXISTING LOCATION WITH A BRIDGE APPROXIMATELY 60 METERS (197 FEET) LONG WITH A 8.6-METER (28-FOOT) CLEAR DECK WIDTH. THE STRUCTURE WILL PROVIDE A 6.6-METER (22-FOOT) TRAVELWAY PLUS 1.0-METER (3-FOOT) SHOULDERS ON EACH SIDE. THE BRIDGE ELEVATION WILL REMAIN THE SAME AS THE EXISTING BRIDGE WITH A MINIMUM GRADIENT OF 0.3% TO FACILITATE DECK DRAINAGE. A 6.6-METER (22-FOOT) ROADWAY WITH 1.2-METER (4-FOOT) TURF SHOULDERS WILL BE PROVIDED ON THE APPROACHES. DURING CONSTRUCTION, TRAFFIC WILL BE DETOURED ONTO EXISTING AREA ROADS. NOTE: Refer to Section D, "Special Project Information," for list of ENVIRONMENTAL COMMITMENTS. B. Purpose and Need: BRIDGE NO. 11 HAS A SUFFICIENCY RATING OF 18.7 OUT OF 100. THE BRIDGE IS POSTED FOR 12 TONS FOR SINGLE VEHICLES AND 16 TONS FOR TRUCK TRACTOR SEMI- TRAILER. BECAUSE OF THE DETERIORATED CONDITION, BRIDGE NO. 11 SHOULD BE REPLACED. C. Proposed Improvements: Circle one or more of the following improvements which apply to the project: 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than 1 t 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 to replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements O Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing f 2 t zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. D. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. Special Project Information: ALL STANDARD PROCEDURES AND MEASURES WILL BE IMPLEMENTED TO AVOID AND MINIMIZE ENVIRONMENTAL IMPACTS. NO HIGH QUALITY WATERS, WATER SUPPLIES (WS-I OR WS-II) OR OUTSTANDING WATER RESOURCES OCCUR WITHIN 1.6 KM (1.0 MI) OF THE PROJECT STUDY AREA. WETLANDS WILL NOT BE IMPACTED BY THE PROJECT. A SECTION 404 NATIONWIDE PERMIT WILL BE REQUIRED FOR THE PROPOSED PROJECT. THIS PROJECT WILL ALSO REQUIRE A 401 WATER QUALITY GENERAL CERTIFICATION FROM THE DIVISION OF ENVIRONMENTAL MANAGEMENT PRIOR TO THE ISSUANCE OF THE NATIONWIDE PERMIT. 3 . r ESTIMATED COSTS: CURRENT TIP * CONSTRUCTION - *$ 700,000 $ 700,000 RIGHT-OF-WAY - $ 22,000 $ 22,000 PRIOR COST $ -0- $ 90,000 ------- TOTAL $ -------- 722,000 $ 812,000 *COST INCLUDES 15% FOR ENGINEERING AND CONTINGENCIES TRAFFIC INFORMATION: CURRENT YEAR - 1996 -- 600 VPD DESIGN YEAR - 2020 --1300 VPD TTST - 1% DHV - 12% DUAL - 2% DIR - 60% THE DESIGN SPEED IS APPROXIMATELY 60 MPH (100 KM/H). SR 1310 IS CLASSIFIED AS A MINOR COLLECTOR. UNDERGROUND CABLES EXISTS ON BOTH SIDES OF THE ROADWAY WHICH ARE AERIAL ACROSS THE STREAM. A USGS STREAM GAGE IS ATTACHED TO THE SOUTH (DOWNSTREAM) SIDE OF THE BRIDGE. IMPACTS TO UTILITIES ARE EXPECTED TO BE LOW. THE DIVISION OFFICE CONCURS WITH THE PROPOSED BRIDGE REPLACEMENT PROJECT. THE SHPO RECOMMENDED THAT NO ARCHAEOLOGICAL INVESTIGATION OR ARCHITECTURAL SURVEY BE CONDUCTED IN CONNECTION WITH THIS PROJECT. FIVE SCHOOL BUSES CROSS BRIDGE NO. 11 TWICE DAILY FOR A TOTAL OF TEN CROSSINGS PER DAY. E. Threshold Criteria If any Type II actions are involved with the project, the following evaluation must be completed. If the project consists only of Type I improvements, the following checklist does not need to be completed. 4 0 ECOLOGICAL YES NO (1) Will the project have a substantial impact ? X on any unique or important natural resource? (2) Does the project involve habitat where federally listed endangered or threatened Fx I species may occur? - (3) Will the project affect anadromous fish? F X (4) If the project involves wetlands, is the amount of permanent and/or temporary ? wetland taking less than one-third x (1/3) of an acre AND have all practicable measures to avoid and minimize wetland takings been evaluated? (5) Will the project require the use of U. S. Forest Service lands? (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? ?x F-I x (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or ? X High Quality Waters (HQW)? (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? F-I x F-I x 5 PERMITS AND COORDINATION (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier Resources Act resources? (12) Will a U. S. Coast Guard permit be required? e YES NO F-1 X X F-1 X (13) Will the project result in the modification F X of any existing regulatory floodway? (14) Will the project require any stream ? X relocations or channel changes? SOCIAL AND ECONOMIC (15) Will the project induce substantial impacts ? X to planned growth or land use for the area? (16) Will the project require the relocation of ? X any family or business? (17) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? (18) Will the project involve any changes in access control? (19) Will the project substantially alter the usefulness and/or land use of adjacent property? X F? 1-1 X ?x 6 (20) Will the project have an adverse effect on ? (22) Is the project anticipated to cause an F X increase traffic volumes? permanent local traffic patterns or X community cohesiveness? YES NO (21) Is the project included in an approved thoroughfare plan and/or Transportation X Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)? (23) Will traffic be maintained during ? construction using existing roads, staged X construction, or on-site detours? (24) Is there substantial controversy on social, economic, or environmental grounds ? X concerning the project? (25) Is the project consistent with all Federal, ? State, and local laws relating to the X environmental aspects of the action? CULTURAL RESOURCES (26) Will the project have an "effect" on properties eligible for or listed on the ? X National Register of Historic Places? (27) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl X refuges, historic sites, or historic bridges, as defined in 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 ? X as a component of or proposed for inclusion 7 in the Natural System of Wild and Scenic Rivers? F. Additional Documentation Required for Unfavorable Responses in Part E RESPONSE TO QUESTION #2 AS OF MARCH 28, 1995 THE USFWS LISTS THREE FEDERALLY PROTECTED SPECIES FOR NASH COUNTY: THE DWARF WEDGE MUSSEL (Alasmidonta heterodon), TAR SPINYMUSSEL (Elliptio steinstansana), AND RED COCKADED WOODPECKER (Picoides borealis). SURVEYS FOR THE SPECIES HAVE BEEN CONDUCTED BY NCDOT BIOLOGISTS. THE DWARF WEDGE MUSSEL DOES NOT OCCUR IN SWIFT CREEK. A REVIEW OF THE NHP DATABASE FOR RARE SPECIES AND UNIQUE HABITATS WAS PERFORMED PRIOR TO THE SITE VISIT OF THE NCDOT BIOLOGIST. THIS SEARCH REVEALED NO DOCUMENTED OCCURRENCE OF THE DWARF WEDGE MUSSEL IN THE STUDY AREA. SURVEYS BY THE WILDLIFE RESOURCES COMMISSION FROM JUNE 1987 TO JULY 1992 REVEAL NO OCCURRENCE OF DWARF WEDGE MUSSEL IN SWIFT CREEK. THE PROPOSED PROJECT WILL NOT IMPACT UPON THE DWARF WEDGE MUSSEL. A REVIEW OF THE NHP DATABASE FOR RARE AND UNIQUE HABITATS REVEALED KNOWN POPULATIONS OF THE TAR SPINYMUSSEL DOWN- STREAM OF BRIDGE NO. 11. CONSTRUCTION PROCEDURES FOR REPLACING THIS BRIDGE WERE DISCUSSED DURING A SEPTEMBER 20, 1995 SECTION 7 CONSULTATION FIELD MEETING. BASED ON THE IMPLEMENTATION OF THE FOURTEEN ENVIRONMENTAL COMMITMENTS AGREED TO AT THE MEETING, THE U. S. FISH AND WILDLIFE SERVICE CONCURS THAT THIS PROJECT IS NOT LIKELY TO ADVERSELY AFFECT THE FEDERALLY ENDANGERED TAR SPINYMUSSEL AND THESE PROCEDURES WILL HELP TO PRESERVE THE HABITAT AND SPECIES. A COPY OF THE FOURTEEN ENVIRONMENTAL COMMITMENTS AND THE CONCURRENCE LETTER FROM THE U.S. FISH AND WILDLIFE SERVICE IS ATTACHED. THE PROJECT STUDY AREA DOES NOT PROVIDE HABITAT (PINE FORESTS) FOR THE RED-COCKADED WOODPECKER. A REVIEW OF THE NHP DATABASE FOR RARE AND UNIQUE HABITATS WAS PERFORMED PRIOR TO THE SITE VISIT BY THE NCDOT BIOLOGIST. THIS SEARCH REVEALED NO DOCUMENTED OCCURRENCE OF THE RED- COCKADED WOODPECKER IN THE STUDY AREA. NO IMPACT TO THE RED-COCKADED WOODPECKER WILL RESULT FROM PROJECT CONSTRUCTION. 8 f G. CE Approval TIP Project No. B-3007 State Project No. 8.2321101 Federal-Aid Project No. BRZ-1310(1) Project Description: THE PROJECT IS LOCATED IN NASH COUNTY OVER SWIFT CREEK. BRIDGE NO. 11 ON SR 1310 (TAYLOR'S GIN ROAD) WILL BE REPLACED IN ITS EXISTING LOCATION WITH A BRIDGE APPROXIMATELY 60 METERS (197 FEET) LONG WITH AN 8.6-METER (28-FOOT) CLEAR DECK WIDTH. THE STRUCTURE WILL PROVIDE A 6.6-METER (22-FOOT) TRAVELWAY PLUS 1.0-METER (3-FOOT) SHOULDERS ON EACH SIDE. THE BRIDGE ELEVATION WILL REMAIN THE SAME AS THE EXISTING BRIDGE WITH A MINIMUM GRADIENT OF 0.3% TO FACILITATE DECK DRAINAGE. A 6.6-METER (22-FOOT) ROADWAY WITH 1.2-METER (4-FOOT) TURF SHOULDERS WILL BE PROVIDED ON THE APPROACHES. DURING CONSTRUCTION, TRAFFIC WILL BE DETOURED ONTO EXISTING AREA ROADS. Categorical Exclusion Action Classification: (Check one) TYPE II(A) TYPE I I (B) Approved: -71219,47, at Manager Planning & Environmental Branch 7-c? - 96 21 Date Project Planning Unit Head z- Date ro ect Plan ing ineer For Type II(B) projects only: s 9C C _.' 4? Date ro.- D vision Administrator Federal Highway Administration 1 lA ??[ q 4 North Carolina Department of Cultural Resources James B. Hunt, Jr., Governor Division of Archives and History Betty Ray McCain, Secretary William S. Price, Jr., Director April 26, 1995 Jul ) Nicholas L. Graf ?G C E v? Division Administrator Q Federal Highway Administration Department of Transportation 310 New Bern Avenue 'APR 2 8 1995 Raleigh, N.C. 27601-1442 2 Re: Replace Bridge 11 on SR 1310 over Swift Creek, 2 DfVISICN OF Nash County, B-30 Federal Aid BRZ-1310(1), (f t4IGIgWAYS State Project 8. 21101, ER 95-8558 ? 1FION VV?P Dear Mr. Graf: On April 11, 1995, Debbie Bevin of our staff met with North Carolina Department of Transportation (NCDOT) staff for a meeting of the minds concerning the above project. We reported our available information on historic architectural and archaeological surveys and resources along with our recommendations. NCDOT provided project area photographs and aerial photographs at the meeting and for our use afterwards. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. The aerials and photographs show no structures in the vicinity of the bridge. Therefore, there are no historic structures located within the area of potential effect. We recommend that no historic architectural survey be conducted for this project. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our comments. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. 109 East Jones Street • Raleigh, North Carolina 27601-2807 . -A Nicholas L. Graf April 26, 1995, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, David Brook Deputy State Historic DB:slw cc: H. F. Vick B. Church T. Padgett d Preservation Officer STArt STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201. RALEIGH. N.C 27611-5201 October 13, 1995 Mr. Nicholas L. Graf, P. E. Division Administrator Federal Highway Administration 310 New Bern Avenue Raleigh, North Carolina 27601 Attention: Vince Barone Dear Mr. Graf: GARLAND B. GARRETT JR. SECRETARY SUBJECT: Section 7 Field Inspection for Federally Endangered Tar River Spinymussel; Bridge No. 11 over Swift Creek on SR 1310; Nash County; Federal Aid Project BRZ-1310(1); State Project 8.2321101; TIP No. B-3007 On September 20, 1995 a field inspection was conducted by representatives of NCDOT"and USFWS for the above referenced project. The purpose of this field review was to discuss provisions for protecting the Federally Endangered Tar River Spinymussel. A list of the attendees are shown below: Jim Wilder Dean Sarvis Ray Moore Abdul Rahmani H. L. Davis Ken Pace Byron Moore Owen Anderson Frank McBride Ken Graham James Hoskins Tim Savidge Bill Goodwin John Williams Michele James Construction Unit Roadway Design Structure Design Hydraulics Construction Roadside Environmental Roadside Environmental NCWRC NCWRC USFWS - Raleigh NCDOT - Division 4 Planning and Environmental Planning and Environmental Planning and Environmental Planning and Environmental NCDOT Project Engineer, Michele James, began the meeting with a description of the project and the need for the Section 7 consultation. NCDOT Biologist, Tim Savidge, elaborated on the Tar River Spinymussel, of which a known population exists in Swift Creek. m October 13, 1995 Page 2 Mr. Jim Wilder of the NCDOT Construction Unit began discussion of provisions to protect the Tar River Spinymussel. Several options to replace the bridge were discussed. The following provisions to protect the Tar River Spinymussel were agreed upon: 1. The replacement structure will not have bents in the creek (two-span or three-span bridge). 2. The grade will be raised on one end of the bridge which will require more approach work. 3. The bridge deck will be removed from the top. 4. The bridge deck drainage on both approach spans will have stone lining underneath. 5. Rip-rap will be placed on the slopes. 6. The existing timber piles will be cut with a pneumatic saw at the mudline and lifted out. 7. During the design phase of the project, the feasibility of eliminating deck drainage directly above the creek will be studied in detail and if possible, will be incorporated into the final plans. 8. Modification of stream flow will be avoided. 9. All disturbed areas will be revegetated. Fertilizers, herbicides, and pesticides will be used carefully and as little as possible. 10. Storm-water runoff will not be channeled directly into the stream. 11. A final survey for the Tar River Spinymussels will be conducted in the project footprint before construction begins. If the survey reveals the presence of any Federally-endangered Tar River Spinymussels, the Federal Highway Administration will need to initiate formal consultation with the Fish and Wildlife Service in accordance with Section 7 of the Endangered Species Act. The decision to relocate Federally-endangered mussels will be considered during the formal consultation process and will be dependent on specific biological factors relative to the geographic area of impact and the species in question. 12. The Fish and Wildlife Service will be sent a copy of the plans before construction begins. 13. The contractor will notify NCWRC, USFWS, and the NCDOT Environmental Unit, in writing, of the construction begin date. A 1 October 13, 1995 Page 3 14. High Quality Water Best Management Practices will be impleme ted. :;ncerel ranklin Vick, P. E., Manager MJ/rfm cc: Ms. Candace Martino, U.S. Fish and Wildlife Service Mr. David Cox, N.C. Wildlife Resources Commission Mr. John Alderman, N.C. Wildlife Resources Commission Mr. Jim Wilder, P. E., State Bridge Construction Engineer Mr. Jimmy Lynch, P. E., State Traffic Engineer Mr. John Smith, P. E., Structure Design Unit Mr. Archie Hankins, Jr., Hydraulics Unit Mr. Tom Shearin, P. E., Roadway Design Unit Mr. Bill Moore, Geotechnical Unit Mr. Hal Bain, Environmental Unit Mr. Tim Savidge, Environmental Unit Mr. James Hoskins, P. E., Division 4 Construction Engineer Planning and Environmental Branch o?PP?MENT OF Tye/ym + 9 N O X ACM ?b United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 November 9, 1995 H. Franklin Vick, P. E., Manager Planning and Environmental Branch North Carolina Department of Transportation PO Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: G h NIfVG & The U.S. Fish and Wildlife Service (Service) has reviewed your ?,-?.?r October 30, 1995 letter regarding the replacement of bridge No. 11 over Swift Creek, Nash County in North Carolina. Our comments are provided in accordance with Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531- 1543) (Act). Based on the implementation of the fourteen (14) environmental commitments, the Service concurs that this project is not likely to adversely affect the Federally-endangered Tar spinymussel (Elliptio Canthyria steinstansana) or any Federally-listed endangered and threatened species, their formally designated critical habitat, or species currently proposed for Federal listing under the Endangered Species Act, as amended. We believe that the requirements of Section 7 of the Act have been satisfied. We remind you that obligations under Section 7 consultation must be reconsidered if: 11) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; (3) a new species is listed or critical habitat determined that may be affected by the identified action. Thank you for your cooperation with our agency. Sincerely, Tom AugspuT_?er Acting Supervisor FWS/R4:CMartino:cm:11-9-95:919/856-4520:WP51\NCDOT\SWFT-NAS.NE ?i r .. su11 0 !S ~r a? v STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. P.O. BOX 25201. RALEIGH. NZ 27611-5201 SECRETARY GOVERNOR 22 November 1995 MEMORANDUM TO: Teresa Hart. Unit Head Project Planning FROM: Phillip Todd, Environmental Biologist Environmental Unit SUBJECT: Natural Resources investigation for proposed replacement of Bridge No. 11 on SR 1310 over Swift Creek, Nash County; TIP No. B-3007; State Project No. 3.2321101; Federal Project No. BRZ-(310(1). REFERENCE: (1) James' Section 7 Field Meeting Minutes, dated 13 October 1995. (2) Wildlife Resource Commission (WRC) Biological Inventory: Swift Creek; Alderman, et al., dated 01 March 1993. (3) Savidge's Section 7 Biological Conclusion for the Federally-Endangered Tar Spinymussel, dated 19 October 1995. ATTENTION: Michele James, Project Manager The following report is submitted to assist in the preparation of a Programmatic Categorical Exclusion (PCE). A completed Ecological Threshold checklist for Type II PCE is also included. This report contains information concerning water resources, biotic resources, Waters of the United States, permits, mitigation and federally-protected species. The proposed project,;involves replacing Bridge No. 11 over Swift Creek. The current bridge will be replaced on existing location, and SR 1310 will be closed to traffic during construction. METHODOLOGY Research was conducted prior to field investigations; these information sources include U.S. Geological Survey (USGS) quadrangle map (Red Oak), and Natural Resources Conservation Service (NRCS) soil maps of Nash County. Water 2 resource information was obtained from publications of the. Department of Environment, Health and Natural Resources (DEHNR, 1993) and from the Environmental Sensitivity Base Map of Nash County (N.C. Center for Geographic Information and Analysis, 1992). Information concerning the occurrence of federal and state protected species in the study area was gathered from the Fish and Wildlife Service (FWS) list of protected, and candidate species and the N.C. Natural Heritage Program (NHP) database of rare species and.unique habitats. _ General field surveys were conducted along the proposed alignment by NCDOT biologists Phillip Todd and Logan Williams on 08 November 1995.'•.Plant communities were identified and recorded. Jurisdictional wetland determinations were performed utilizing delineation criteria prescribed in the "Corps of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987). WATER RESOURCES Swift Creek (Figure 1) originates approximately 8 km (5 mi) upstream of the project study area at the confluence of Sandy Creek and an unnamed stream. These two streams merge east of the SR 1004 crossing of Sandy Creek. From the study area, Swift Creek flows southeasterly and empties into the Tar River north of Tarboro. During the site visit, Swift Creek had a width of 9.1 m (30 ft). Water Now was fast as the stream had overrun its banks due to precipitation the previous day. The Division of Environmental Management (DEM) assigns streams a best usage classification. Unnamed tributaries are attributed the classification of streams to which they are a tributary. Swift Creek, DEM Index No. 28-7S-(0.5), has a best usage classification of C NSW. "C" refers to Class C waters that are suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. NSW (Nutrient Sensitive Waters) is a supplemental classification and refers to waters requiring, limitations on nutrient inputs. Neither High Quality Waters (HQW), Water Supplies (WS-I or WS-II) nor Outstanding'Resource Waters (ORW) occur within 1.6 km (1.0 mi) of project study area. The Benthic Macroinvertebrate Ambient Network (BMAN) is managed by the DEM. This program assesses water quality by sampling for selected benthic macroinvertebrate organisms at fixed monitoring sites. A BMAN monitoring site is located at the SR 1310 crossing of Swift Creek. This site received a BMAN rating of GOOD during a July 1986 sampling. I// NW 21. ?\ ?? ? -/ •/• .,,? l?-'? -,rte ?,f1?`//,.1\J / .: .: 1 188• ? ? •I 41 ,xr2c?/ICU Hilliardston h&PA J ) \ 11v? O 1 ?? 2 O? I I ? ^ ?, I 11I ? . \`•`., ? r\.iI?• ' • /? it \i;?T?- ! ` - I I?V 18 r.ngtcin iCom? v J X/9t 213 239 y - -- J ' II ' "?1 1 I 227 ' ./ ?. o r 222 5 Swift- 1J4__ \v?' :4 Sch iiLook ut / I ?? • .?'? ??'? I -'?`-Tower •r?` \ ?.?... _? '?^_?, ===moo=?/•. ?.._ I I n i /q/,- Zoe. tI )ill ?." Figure 1. Project Study Area Water Resources Red Oak Quadrangle Not to Scale Swift Creek Bridge No. 1 1 T 3 Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. No dischargers are located upstream of the project study area. NCDOT High Quality Water Best Management Practices (BMPs) and sedimentation guidelines should be administered throughout the entire project to prevent degradation of Swift Creek which could effect aquatic fauna (see Aquatic-Community discussion). It is also recommended that the streamside embankment be vegetated immediately after construction. These measures will help in reducing the. wash of sediment and toxic compounds into hater resources. BIOTIC RESOURCES Biotic resources include aquatic and terrestrial ecosystems. This section briefly describes those ecosystems encountered in the study area. Descriptions of the terrestrial systems are presented in the context of plant community classifications. Dominant flora and fauna likely to occur in each community-are described and discussed. Fauna observed during the site visit are denoted with an asterisk (*). Scientific nomenclature and common names (when applicable) are provided for each animal and plant species described. Subsequent references to the same organism will include the common name only. TERRESTRIAL COMMUNITIES Two distinct terrestrial communities have been identified in the project study area: disturbed community and coastal plain levee forest. Many faunal species are highly adaptive and may populate the entire range of terrestrial communities discussed. DiST-URBED COMMUNITY The disturbed community includes those habitats frequently disrupted by human activities and can be divided into roadside shoulder and early successional habitat. Plant species growing in the roadside shoulder habitat are fescue (Festuca sp.), Japanese honeysuckle (Lonicera Japonica) and pokeberry (Phytolacca americana). Saplings of sweet-gum (Li4uidambar styraciflua) grow along the roadside embankments. Dog-fennel (Eupatorium capillifolium) dominates the early successional habitat. Turkey vulture* (Cathartes aura), red-tailed hawk* (Buteo iamaicensis) and bluebird* (Sialia sialis) are commpnly encountered in these habitats. 4 COASTAL PLAIN LEVEE FOREST Sycamore (Planatus occidentalis) and river birch (Betula ni$ra) dominate the canopy of this forest. Box elder (Acer negundo), green ash (Fraxinus pennsvlvanica), overcup.,oak (Ouercus lvrata), mulberry (Morus rubra) and American beech (Fagus grandifolia) are commonly found in the canopy.as well. Winged elm (Ulmus americana), dogwood (Cornus amomum), Chinese privet (Ligustrum sinese) and viburnum (Viburnum prunifolium) are common constituents of the understory. Vines found in this community type are grape (Vitis sp.), greenbrier (Smilax sp:), Japanese honeysuckle, poison ivy (Toxicodendron radicans) and trumpet vine (Campsis radicans). Herbaceous species found here are Japanese grass (Microstegium vimineum), Christmas fern (Polystichum acrostichoides), chickweed (Stellaria media), violet (Viola papilionacea) and pokeberry. Polygonum (Polygonum sp.) dominates areas under the bridge and along the stream. Spikegrass (Chasmanthium latifolum) grows commonly along the streamside as well. Animal species encountered in this forest include white-throated sparrow* (Zonotrichia albicollis), song sparrow* (Nielospiza melodia), Carolina wren* (Thrvothorus ludovicianus), beaver* (Castor canadensis) and southern cricket frog* (Acris gryllus). AQUATIC COMMUNITY Swift Creek is a perennial Coastal Plain Stream and is part of the Wildlife Resource Commission's (WRC) Proposed Critical Habitat for the Tar spinymussel. Swift Creek has a diverse assemblage of aquatic species. Fish species commonly encountered in Swift Creek are eastern mosquitofish* (Gambusia holbrooki), blue-ill (Lepomis macrochirus), pumpkinseed (L. gibbosus), creek chubsucker (Erimyzon oblongus), white shiner (Notropis albeolus), chain pickerel (Esox niger), American eel (Anguilla rostrata) and tessellated darter* (Etheostoma olmstedi). The NHP database of ra3-e species includes a 1994 element occurrence of the federally-Endangered Tar spinymussel (Elliptio steinstansana). Several populations of the Tar spinymussel are located downstream of project study area. Other mussel species found in Swift Creek include Atlantic pigtoe (Fusconia masoni), notched rainbow (Villosa constricta), triangle floater (Alasmidonta undulata), yellow lampmussel (Lampsilis cariosa), eastern lampmussel (L. radiata) and squawfoot (Strophitus undulatus). Atlantic pigtoe and yellow lampmussel are listed as federal candidate species (C2) but are not afforded federal protection under the Endangered Species Act (ESA) of 197,3. Atlantic pigtoe, triangle floater, yellow lampmussel and squawfoot are state listed Threatened species and eastern lampmussel is a state Special Concern (SC) species. Species listed as Endangered (E), Threatened (T), or Special Concern (SC) by the NHP list of Rare Plant and Animal species are afforded state protection under the State ESA and the North Carolina Plant Protection and Conservation Act of 1979. Aquatic species, especially mussels, are sensitive to even small changes in their environment. Strict administration of NCDOT High Quality Water BMPs and, sedimentation guidelines should be-enforced throughout the entire project (Reference 1). These measures will help in leducing the wash of sediment and toxic compounds Into Swift Creek and in protecting aquatic species. WATERS OF THE UNITED STATES Surface waters and wetlands fall under the broad category of "Waters of the United States." Criteria to delineate jurisdictional wetlands include evidence of hydric soils, hydrophytic vegetation and hydrology. No jurisdictional wetlands occur in the study area although surface waters will be impacted by the subject project. PERMITS Impacts to surface waters will occur from the proposed project. A permit will be required from the Corps of Engineers (COE) for the discharge of dredged or fill material into "Waters of the United States." A Section 404 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 is designated for projects classified as Categorical Exclusions. Final decisions concerning permit applicability rest with the COE. In addition, this project will also require a 401 Water Quality General Certification from the DEM prior to the issuance of a Section 404 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. MITIGATION The COE has adopted a wetland mitigation policy which embraces the concept of "no net loss of wetlands" and sequencing. Mitigation of wetland impacts has been defined and includes: avoiding impacts (to wetlands), minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impact. Each of these three aspects (avoidance, minimizatidn and compensatory mitigation) must be considered sequentially. 6 Encroachment into Waters.of the United States is unavoidable in order tc achieve the purpose and need of the project. Impacts to Waters of the United States can be minimized in several ways such as strict enforcement of sedimentation control BMPs, reduction of clearing and grubbing activity and reduction/elimination of direct discharge into streams. Compensatory mitigation is not usually required with projects authorized under a Sect.ion 404 Nationwide Permit according to the 1989 Memorandum-of Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE. Final decisions concerning compensatory mitigation rest with the COE. FEDERALLY-PROTECTED SPECIES Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the ESA of 1973, as amended. As of 28 March 1995, the FWS lists the following federally- protected species for Nash-County (Table 1). A brief description of these species characteristics and habitat follows. Table 1. Federally-Protected Species for Nash County SCIENTIFIC NAME COMMON NAME STATUS Alasmidonta heterodon dwarf wedge mussel E Elliptio steinstansana Tar spiny mussel E Picoides borealis red-cockaded woodpecker E "E" denotes Endangered (a species that is in danger of extinction throughout all or a significant portion of its range). Alasmidonta heterodon (dwarf wedge mussel) E The dwarf wedge mussel is a small mussel having a distinguishable shell noted by two lateral teeth on the right half and one on the left half. The periostracum (outer shell) is olive green to dark brown in color and the nacre (inner shell) is bluish to"silvery white. Known populations of the dwarf wedge mussel in North Carolina are found in,Middle Creek and the Little River of the Neuse River Basin and in the upper Tar River and Cedar, Crooked, and Stony Creeks of the Tar River system. This mussel is sensitive to agricultural, domestic, and industrial pollutants and requires a stable silt free streambed with well oxygenated water to survive. 7 BIOLOGICAL CONCLUSION: NO EFFECT The dwarf wedge does not occur in Swift Creek. A review of the NHP database for rare species and unique habitats was performed prior to site visit. This search revealed no documented occurrence of the dwarf wedge mussel in the study area. Surveys by the WRC from June 1987 to July 1992 reveal no occurrence of dwarf wedge mussel in Swift Creek (Reference The proposed project will have no impact upon'=the dwarf wedge mussel. - Elliptio steinstansana (Tar spinymussel) E The Tar spinymussel is endemic to the Tar River drainage basin, from Falkland in Pitt County to Spring Hope in Nash County. Populations of the Tar River spinymussel can be found in streams of the Tar River Drainage Basin and of the Swift Creek Drainage Sub-Basin. This mussel requires oxygenated, circumneutral of uncompacted gravel and relatively silt-free. It freshwater fish to act as larvae. a stream with fast flowing, well pH water. The bottom is composed coarse sand. The water needs to be is known to rely on a species of an intermediate host for its The Tar spinymussel is a very small mussel.. This mussel is named for its spines which project perpendicularly from the surface and curve slightly ventrally. As many as 12 spines can be found on the shell which is generally smooth in texture. The nacre is pinkish (anterior) and bluish-white (posterior). BIOLOGICAL CONCLUSION: NOT LIKELY TO ADVERSELY AFFECT A review of the NHP database for rare species and unique habitats revealed known populations of the Tar spinymussel downstream of Bridge No. 11. Construction procedures for replacing this bridge were discussed, during a 20 September 1995 field meeting, in order to preserve the habitat and species. A summary of these procedures can be found in Reference'1. Concurrence from the FWS has not been received since this biological conclusion has been rendered (Reference 3). Picoides borealis (red-cockaded woodpecker) E 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. 8 The RCN 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. 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 RCW lays its eggs in April, May, and June; the eggs hatch approximately 38 days later. BIOLOGICAL CONCLUSION: NO EFFECT The project study area does not provide habitat (pine forests) for the red-cockaded woodpecker. A review of the NHP database for rare species and unique habitats was performed prior to site visit. This search revealed no documented occurrence of the red-cockaded woodpecker in the study area. No impact to the red-cockaded woodpecker will result from project construction. c: V. Charles Bruton, Ph.D. Hal Bain, Environmental Supervisor File: B-3007 Date: 1/93 Revised: 1/94 E. Threshold Criteria If any Type II actions are involved with the project, the following evaluation must be completed. If the project consists onlv 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 or important natural resource? (2) Does the project involve habitat where federally listed endangered or threatened ,,.species may occur? (3) Will the project affect anadromous fish? (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3) of an acre AND have all practicable measures to avoid and minimize wetland takings been evaluated? (5) Will the project require the use of U. S. Forest Service lands? ?6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? F7 17 (7) Does the project involve waters classified a as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? (8) Will the project require fill in waters of i the United States in any of the designated ? mountain trout counties? (9) Does the project involve any known ? underground storage tanks (UST's) or hazardous materials sites? 4 16 300 - ' Date: 1/93 ! Revised: 1/94 PERMITS AND COORDINATION YES NO (10) If the project is located within a CAIMA county, will the project significantly affect the coastal zone a nd/or any "Area of Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier ? Resources Act resources? - (12) Will a U. S. Coast Guard permit be F 1 ? required? (13) Will the project result in the modification F-1 of any existing regulatory floodway? (14) Will the project require any stream ? relocations or channel changes? SOCIAL AND ECONOMIC (13) Will the project induce substantial impacts ? to planned growth or land use for the area? (16) Will the project require the relocation of ? any family .or business? t (17) If the project involves the acquisition of ? right of way, is the amount of right of way acquisition considered minor? (18) Will the project•involve any changes in ? access control? (19) Will the project substantially alter the usefulness and/or land use or adjacent ? property? (20) Will the project have an adverse effect on a permanent-local traffic patterns or community cohesiveness? Date: 1/93 Revised: 1/94 F. Additional Documentation Required for Unfavorable Responses in Part E (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached, as necessary.) Pc F'E?CRA-1?.? - CN?fvfaG?L-E-(? DEL I ? ? `t?-h.= ©F Tl-?, ?tf?^17(a - Ac OIACa?C?1 C_ CAN(,W -45+P r'j 'O(= W zt-v +r-e SE-¢a'' (E NHS ?-jar 6c F.. Si'= c ?. E? ?( Cf 6 .1. 7. ?nAT STATE OF NORTH CAROLINA DEPARTMENT OF TPANSPORTATION JAMES B. HUNT JR GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 October 19. 1995 IE\ IOR.- NDUN I TO: P. Wavne Elliott, Unit Head Bridge Unit ATTE\TI(')\: NlichAc James. Project Manager FRCS\I: Tun Sayidge, I nyironimntal Biologist Enviiromnental Unit R. SAMUEL HUNT III SECRETARY SUBJEC"I': Section 7 Biological Conclusion for the Federallv Endangered Tar spinymussel. relating to Proposed Replacement of Brid(e 11 Over Swift Creel:. Nash County. State Project 4.2321101. TIP-B-3007. REFERENCE: Section 7 Field Meeting Minutes. October 13 1995 prepared Michelle James The reference minutes summarizes the construction provisions discussed and agreed upon at the site meetings held on September 20. 1995. These enm.iromnental com-mitments will be adopted by \CDOT during the construction phase of this project. BIOLOGIC.U. CONCLUSION-: Not Likely to adversely.-Ufect If provisions mentioned in the referenced report are strictly adhered to, it can b concluded that construction of this project is not likely to impact the Tar spiny mussel population in Swift Creek. cc: V. Charles Bruton. Ph.D. Hal Bain; Enviromnental Supervisor He B-3007 File Section 7 Aquatic Issues i" , , ST Tr. STATE OF NORTH CAROLINA DEPARTMENT OF TP ANSPORTATION JAMES B. HUNT JR. GOVERNOR DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. P.O. BOX 25201. RALEIGH, N.C 27611-5201 SECRETARY October-13, 1995 Mr. Nicholas L. Graf, P. E. Division Administrator Federal Highway Administration 310 New Bern Avenue Raleigh, North Carolina 27601 Attention: Vince Barone Dear Mr. Graf: SUBJECT: Section 7 Field Inspection for Federally Endangered Tar River Spinymussel; Bridge No. 11 over Swift Creek on SR 1310; Nash County; Federal Aid Project BRZ-1310(1); State Project 8.2321101; TIP No. B-3007 On September 20, 1995 a field inspection was conducted by representatives of NCDOT"and USFWS for the above referenced project. The purpose of this field review was to discuss provisions for protecting the Federally Endangered Tar River Spinymussel. A list of the attendees are shown below: Jim Wilder Dean Sarvis Ray Moore Abdul Rahmani H. L. Davis Ken Pace Byron Moore Owen Anderson Frank McBride Ken Graham James Hoskins Tim Savidge Bill Goodwin John Williams Michele James Construction Unit Roadway Design Structure Design Hydraulics Construction Roadside Environmental Roadside Environmental NCWRC NCWRC USFWS - Raleigh NCDOT - Division 4 Planning and Environmental Planning and Environmental Planning and Environmental Planning and Environmental NCDOT Project Engineer, Michele James, began the meeting with a description of the project and the need for the Section 7 consultation. NCDOT Biologist, Tim Savidge, elaborated on the Tar River Spinymussel, of which a known population exists in Swift Creek. 0 , October 13, 1995 Page 2 Mr. Jim Wilder of the NCDOT Construction Unit began discussion of provisions to protect the Tar River Spinymussel. Several options to replace the bridge were discussed. The following provisions to protect the Tar River Spinymussel were agreed upon: 1. The replacement structure will not have bents in the creek (two-span or three-span bridge). 2. The grade will be raised on one end of the bridge which will require more approach work. 3. The bridge deck will be removed from the top. 4. The bridge deck drainage on both approach spans will have stone lining underneath. 5. Rip-rap will be placed on the slopes. 6. The existing timber piles will be cut with a pneumatic saw at the mudline and lifted out. 7. During the design phase of the project, the feasibility of ,. eliminating deck drainage directly above the creek will be studied in detail and if possible, will be incorporated into the final plans. 8. Modification of stream flow will be avoided. 9. All. disturbed areas will be revegetated. Fertilizers, herbicides, and pesticides will be used carefully and as little as possible. 10. Storm-water runoff will not be channeled directly into the stream. 11. A final survey for the Tar River Spinymussels will be conducted in the project footprint before construction begins. If the survey reveals the presence of any Federally-endangered Tar River Spinymussels, the Federal Highway Administration will need to initiate formal consultation with the Fish and Wildlife Service in accordance with Section 7 of the Endangered Species Act. The decision to relocate Federally-endangered mussels will be considered during the formal consultation process and will be dependent on specific biological factors relative to the geographic area of impact and the species in question. 12. The Fish and Wildlife Service will be sent a copy of the plans before construction begins. 13. The contractor will notify NCWRC, USFWS, and the NCDOT Environmental Unit, in writing, of the construction begin date. October 13, 1995 Page 3 14. High Quality Water Best Management Practices will be impleme ted. Sincerel , H. ranklin Vick, P. E., Manager Planning and Environmental Branch MJ/rfm cc: Ms. Candace Martino, U.S. Fish and Wildlife Service Mr. David Cox, N.C. Wildlife Resources Commission Mr. John Alderman, N.C. Wildlife Resources Commission Mr. Jim Wilder, P. E., State Bridge Construction Engineer Mr. Jimmy Lynch, P. E., State Traffic Engineer Mr. John Smith, P. E., Structure Design Unit Mr. Archie Hankins, Jr., Hydraulics Unit Mr. Tom Shearin, P. E., Roadway Design Unit Mr. Bill Moore, Geotechnical Unit Mr. Hal Bain, Environmental Unit Mr. Tim Savidge, Environmental Unit Mr. James Hoskins, P. E., Division 4 Construction Engineer N C. DEPARTMENT 'OF TRANSPORTATION! DATE TRANSMITTAL SLIP Imr. ode. 6m ROOM' ;S FROMt • REF. ?I*. on IqOOM.!4mc. E AC IbN ? NOTE AND FILE ? PER OUR CONVERSATION ? NOT[ AND RETURN TO ME ? PER YOUR REgU1ST• ? RETURN WITH MORE DETAILG ? FOR YOUR APPROVAL ??. ? NOTE AND 919 ME ABOUT THIS. ? FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS` ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? 'TAKE APPROPRIATE ACTION. - ? INVESTIGATE AND RR??RT COMMENTS: I I i .4w- • MR M? ?? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. R. SAMUEL HUNT I I I Govi.RNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SLCM:I'ARY June 14, 1995 RECEIVED JUN 1 91995 MEMORANDUM TO: Mr. Eric Galamb ENV/RONMENTA(g;,lEftCE, DEM - DEHNR, 6th Floor FROM: Michele L. James Project Planning Engineer SUBJECT: Replacement of Bridge No. 11 on SR 1310 over Swift Creek, Nash County, State Project 8.2321101, F. A. Project BRZ-1310(1); B-3007 A scoping meeting for the subject project was held on April 11, 1995 at 9:00 AM in Room 434 of the Planning and Environmental Branch. The following were in attendance: Jerry Snead Hydraulics Unit Dean Sarvis Roadway Design Tom Tarleton Location and Surveys Ray Moore Structure Design Olivia Farr Traffic Control Unit David B. Foster DEHNR-Hwy. Environ. Evaluation Betty C. Yancey Right-of-Way Debbie Bevin SHPO Darin Wilder Program Development James Hoskins Division 4 Michele James Planning & Environmental Branch Attached is the revised scoping sheet which includes additional information provided at the scoping meeting. David Foster of DEHNR commented that Swift Creek is classified as Class C. Implementation of high quality erosion control measures was suggested. Tom Tarleton of Location and Surveys reported that there were utilities on both sides of the bridge. Me) June 14, 1995 Page 2 The Hydraulics Unit recommends that the bridge be replaced with a bridge 60 m (197 ft.) in length at the same location and approximately the same elevation as the existing bridge with a minimum gradient of 0.3% to facilitate deck drainage. A USGS stream gage is attached to the south (downstream) side of the bridge. Debbie Bevins reported that no archaeological or architectural surveys were needed. James Hoskins of the Division Office commented that the road could be closed during construction. Information received from the NC Wildlife Resources Commission indicated the presence of the Tar Spiny mussel, an endangered mussel species, at the bridge site. A Section 7 Informal Consultation will be necessary. The alternatives to be studied are as follows: Alternate 1 - Replace the bridge on existing location. During construction, the road will be closed and traffic would be detoured along existing secondary roads. Alternate 1A - Replace the bridge on its existing location. Traffic would be maintained by a temporary on-site detour on the north side of the bridge. Based on available information, it appears that Alternate 1 is the preferred alternate. A preliminary cost estimate for the recommended replacement is $ 735,000. MJ/wp Attachment 406 BRIDGE PROJECT SCOPING SHEET TIP PROJECT: B-3007 DIVISION: FQj1B.__ F. A. PROJECT: BRZ-1310(1) COUNTY: _IA H STATE PROJECT: 8.2321101 ROUTE: __SR .La10 PROJECT PURPOSE: Replace Obsolete Bridge DESCRIPTION: Replace Bridge No. 11 on SR 1310 over Swift Creek in Nash County. PROJECT USGS QUAD SHEET(S): STATE CLASSIFICATION SYSTEM: TIP CONSTRUCTION COST COST ................................ $ 450,000 TIP RIGHT OF WAY COST ................................ $ 35,000 TIP TOTAL COST ....................................... $ 485,000 CURRENT ESTIMATED CONSTRUCTION COST ...................... $ 700,000 CURRENT ESTIMATED RIGHT OF WAY COST (T.I.P.) .............. $ 35,000 CURRENT TOTAL COST ESTIMATE ............................... $ 735,000 WILL THERE BE SPECIAL FUNDING PARTICIPATION BY MUNICIPALITY, DEVELOPERS, OR OTHERS? YES NO __X_ IF YES, BY WHOM AND WHAT AMOUNT: ($) (%) _ TRAFFIC: CURRENT UQ_ VPD; DESIGN YEAR -1 24 VPD TTST 1 % DT EXISTING STRUCTURE: LENGTH ?9y1_ Meters WIDTH ?.yl_ Meters Feet 20.0 Feet PROPOSED STRUCTURE: LENGTH _6U_ Meters WIDTH Meters _197__ Feet __28_ Feet COMMENTS: PREPARED BY: Michele James DATE 06/13/95 .a? N. C. DEPARTMENT OF TRANSPORTATION DA TRANSMITTAL SLIP TO- Emir Coal-amb REF. NO. ROOM, ILLLOG -lfA-lXmw FROM 1 R NO. OR ROOM, SLOG. m L" IldL I CL ACTION ? NOTE AND FILE PER OUR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR PEQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE ME ASOUT THIS ? FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? 'TARE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: 719 p,H STA7(,. STATE OF NORTI i CAROLI NA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT. III, DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201. RALFIGH, N.C. 27611-5201 March 6, 1995 MEMORANDUM TO: Mr. Eric Galamb DEM - DEHNR, 6th Floor RECEIVED M14R 091995 EWRONMENTAL SCIENCES RRd nIpW R. SAMUEL. HUNT II I SECRETARY FROM: H. Franklin Vick, P. E., Manager Planning and Environmental Branch SUBJECT: Review of Scoping Sheets for Bridge No. 11 on SR 1310 over Swift Creek, Nash County, B-3007 Attached for your review and comments are the scoping sheets for the subject project (See attached map for project location). The purpose of these sheets and the related review procedure is to have an early "meeting of the minds" as to the scope of work that should be performed and thereby enable us to better implement the project. A scoping meeting for this project is scheduled for April 11, 1995 at 9:00 A. M. in the Planning and Environmental Branch Conference Room (Room 434). You may provide us with your comments at the meeting or mail them to us prior to that date. Thank you for your assistance in this part of our planning process. If there are any questions about the meeting or the scoping sheets, please call Michele James, Project Planning Engineer, at 733-7842, Extension 233. C ? ?C, 2-- MJ/pl r Attachment 0v AJ lit V L m u ?? al b49 ? ?t- ? C ?4:1*41 BRIDGE PROJECT SCOPING SHEET TIP PROJECT: F. A. PROJECT: 3-3007 DIVISION: FOUR COUNTY: HASH STATE PROJECT: ROUTE: NC 43 PROJECT PURPOSE: Replace Obsolete Bridge DESCRIPTION: Replace Bridge No. 11 on SR 1310 over Swift Creek in Nash County. PROJECT USES QUAD SHEET(S): RQd STATE CLASSIFICATION SYSTEM: Minor. collector TIP CONSTRUCTION COST ................................ $ 450,000 TIP RIGHT OF WAY COST ................................ $ 35,000 PRIOR YEARS COST...................................... $ TIP TOTAL COST ........................................ $ 485,000 WILL THERE BE SPECIAL FUNDING PARTICIPATION BY MUNICIPALITY, DEVELOPERS, OR OTHERS? YES NO IF YES, BY WHOM AND WHAT AMOUNT: ($) , (%) TRAFFIC: CURRENT VPD; DESIGN YEAR VPD TTST % DT % EXISTING TYPICAL ROADWAY SECTION: EXISTING STRUCTURE: LENGTH 4;)-_)- Meters WIDTH 6 )-_1Meters I_ Feet Z0.0 Feet COMMENTS: F u ding ,mod tr'ef j,? j?_ oration P-r-QY-idf-d at a s c Q p i n °' IIl t.?I1.?_ _ PREPARED BY: Michele James DATE 03/02/95 (N) OF I [WAYS ENVIROtiNENTAL REPLACE BRIDGE NO. 11 OVER SWIFT CREEK ON SR 1310 NASH COUNTY I 0 mile 1 ? ? ? FIG. 1