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HomeMy WebLinkAbout19990034 Ver 1_Complete File_19990115.h State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director February 3, 1999 Harnett County WQC 401 Project # 990035 APPROVAL of 401 Water Quality Certification Bill Gilmore NC DOT PO Box 25201 Raleigh, NC 27611-5201 Dear Mr. Gilmore: You have our approval, in accordance with the attached conditions for replacing bridge 105 over the Black River on SR 1735, as you described in your application dated January 15, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3107. This Certification allows you to use Nationwide Permit Number 23 when the Corps of Engineers issues it. 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. Also 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. If you change your project, you must notify us and send us a new application. 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). 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 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. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office Mr. John Domey Central Files A 0 WA • 411'r NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Since rest Howard, Jr. E. 990035.Itr Division of Water Quality • 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/10% post consumer paper '49le-11 ?.w SUIZ.. Y' STATE OF NORTH CAROLINA DEPARTMENT OF TPANSPORTATION JAMES B. HUNT JR. P.O. 60X25201. RALEIGH, N.C. 27611-5201 GOVERNOR January 08, 1999 U.S. Army Corps of Engineers Regulatory Field Office P.0 Box 1890 Wilmington, NC 28402-1890 Attention: Mr. Dave Timpy NCDOT Coordinator E. NORRIS TOLSON SECRETARY L ? u ?f l f?fl ^?ti l• JAN 6 5 1999 f?pQS? i WATER ON iIYGSECTION Subject: Harnett County. Replacement of Bridge No. 105 over Black River on SR 1735; Federal Aid Project No. BRSTP-1735(3), State Project No. 8.2451001, TIP No. B-3183. Dear Sir: Attached for your information are copies of the programmatic categorical exclusion (CE) action classification form and the natural resources technical report for the subject project. The Department of Transportation (DOT) plans to replace Bridge No. 105 over Black River in Harnett County on existing location. Bridge approaches will also be improved. During bridge replacement, traffic will be maintained off-site detour along existing secondary roads, as depicted in the programmatic CE. Based on the natural resources technical report prepared for the DOT, the proposed bridge replacement will impact jurisdictional wetlands. The wetland acreage total, based on the entire right-of-way, is 0.10 acre and this area is part of the mixed pine hardwood community. The wetland type is described as Palustrine, forested, needle leaved evergreen, temporarily flooded. Mr. David Cox of the NC WRC indicated in a telephone conversation with Bill Goodwin the NCDOT Project Planning Engineer, that a moratorium on in-water construction would likely be required between April 1 and June 15 to protect fish spawning in the Black River during this time. This request has been implemented into the environmental commitments section of the referenced CE document which is attached for your reference. 9 The project is being processed by the Federal Highway Administration as a programmatic "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, the DOT does not anticipate requesting a Section 404 Individual Permit, but proposes to proceed under a Section 404 Nationwide Permit in accordance with 33 CFR 330 Appendix A (B-23) issued on December 13, 1996 by the Corps of Engineers. The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. It is anticipated that a 401 Water Quality Certification for a Categorical Exclusion will apply to this project. A copy of the CE and natural resources technical report are being provided to the CE document to the North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality (DWQ), for their review. The DOT requests a Section 404 Nationwide Permit 23 for impacts to waters of the United States from the proposed bridge replacement. Application for 401 Water Quality Certification from the DWQ is also made. If you have any questions or need any additional information, please contact Mr. Jared Gray at (919) 733-7844, extension 32". Sincerely, W. D. Gilmore, P.E., Manager Planning and Environmental Branch Wdg/jg cc: Mr. David Franklin, COE, Wilmington Field Office Mr. John Dorney, DWQ Mr. William Rogers, P.E., Structure Design Mr. Whit Webb, P.E., Program Development Branch Mr. Len Hill, P.E., Highway Design Mr. A. L. Hankins, Hydraulics Unit Mr. Tom Shearin, P.E., Roadway Design Engineer Mr. J. G. Nance, P.E., Division 6 Engineer Mr. Bill Goodwin, P.E., Project Planning Engineer CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No.: B-3183 State Project No. 8,2451001 Federal-Aid Project No.: BRSTP-1735(3) A. Project Description NCDOT will replace Bridge No. 105 on SR 1735 over the Black River in Harnett County. The bridge will be replaced with a new bridge measuring 31 meters (102 feet) in length and 9.0 meters (30 feet) in width. This will provide a 7.2 meter (24 foot) travelway and 1.0 meter (3 foot) offset on each side. The new approach roadway will be a 7.2 meter (24 foot) travelway with shoulder widths of at least 2.4 meters (8 feet). Traffic will be detoured on existing secondary roads during construction. B. Purpose and Need: Bridge No. 105 has a sufficiency rating of 27.6 out of 100. The deck of Bridge No. 49 is only 7.2 meters (24 feet) wide. The bridge is posted at 22 tons for single vehicles and at 30 tons for truck-tractor semi-trailers. For these reasons Bridge No. 105 needs to be replaced. C: Proposed Improvements: Circle one or more of the following improvements which apply to the project: Type It Improvements Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveways pipes h. Performing minor bridge widening ( less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/ or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting ( no red lead paint), scour repair, fender systems, and minor structural improvements 0 Replacing a bridge (structure and/ or fill) 4. Transportation corridor fringe parking facilities. Construction of new truck weigh stations or rest areas. Approvals for disposal of excess right-of-way or for joint or limited use of right- of-way, where the proposed use does not have significant adverse impacts. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 2 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 will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. D. Special Project Information Environmental Commitments: All standard measures will be implemented to avoid or minimize environmental impacts. 2. In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." A Corps of Engineers Nationwide Permit # 23 will be applicable for this project. A North Carolina Division of Environmental Management (DEM) Section 401 Water Quality General Certification will be obtained prior to issue of the Corps of Engineers Nationwide Permit # 23. 4. An in-water construction moratorium will be observed between April 1 and June 15 to protect fish spawning in the river. Estimated Costs: Construction $ 400,000 Right of Way $ 25.000 Total $ 425,000 Estimated Traffic: Current - 3700 VPD Year 2018 - 6800 VPD Proposed Typical Roadway Section: The approach roadway will be 7.2 meters (24 feet) wide with at least 2.4 meter (8 foot) shoulders. Shoulder width will be increased by at least 1.0 meter (3 feet) where guardrail is warranted. Design Speed: 100 km/h (60 mph) Functional Classification: SR 1735 is classified as a Rural Major Collector Route in the Statewide Functional Classification system. Division Office Comments: The Division Engineer supports the chosen alternate and proposed detour route. E. Threshold Criteria If any Type II actions are involved in the project, the following evaluation must be completed. If the project consists gil1X 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? x (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? 7 X (3) Will the project affect anadromous fish? X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3) acre and have all practicable measures to avoid and minimize X takings been evaluated? 4 i 1 1 (5) Will the project require use of U. S. Forest Service lands ? X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? X (9) Does the project involve any known underground storage tanks ' (UST s) or hazardous materials sites? ? - X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? F-1 X (11) Does the project involve Coastal Barrier Resources Act resources? F-1 X (12) Will a U. S. Coast Guard permit be required? X (13) Will the project result in the modification of any existing regulatory floodway? X (14) Will the project require any stream relocations or channel ? changes? X SOCIAL AND ECONOMIC YES NO (15) Will the project induce substantial impacts to planned growth or - land use for the area? F-1 X (16) Will the project require the relocation of any family or business? 7 X 5 r ? (17) If the project involves the acquisition of right of way, is the FI amount of right of way acquisition considered minor? X (18) Will the project involve any changes in access control? 1-1 X (19) Will the project substantially alter the usefulness and/or land use of any adjacent property? F1 X (20) Will the project have an adverse effect on permanent local ? X traffic patterns or community cohesiveness? (21) Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is, therefore, in X ? conformance with the Clean Air Act of 1990)? (22) Is the project anticipated to cause an increase in traffic volumes? F-1 X (23) Will traffic be maintained during construction using existing a roads, staged construction, or on-site detours? X (24) Is there substantial controversy on social, economic, or environmental grounds concerning the project? 0 X (25) Is the project consistent with all Federal, State, and local laws ? relating to the environmental aspects of the action? X CULTURAL. RESOURCES YES NO (26) Will the project have an "effect" on properties eligible for or ? listed on the National Register of Historic Places? X (27) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges , historic sites or historic bridges, as defined in Section 4(f) of the F-1 X U. S. Department of Transportation Act of 1966)? (28) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in a the natural Wild and Scenic Rivers? X F. (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached as necessary.) None. 6 G. CE Approval TIP Project No.: _ B-3183 State Project No. 8.2451001 Federal-Aid Project No.: BRSTP-1735(3) NCDOT will replace Bridge No. 105 on SR 1735 over the Black River in Hamett County. The bridge will be replaced with a new bridge measuring 31 meters (102 feet) in length and 9.0 meters (30 feet) in width. This will provide a 7.2 meter (24 foot) travelway and 1.0 meter (3 foot) offset on each side. The new approach roadway will be a 7.2 meter (24 foot) travelway with shoulder widths of at least 2.4 meters (8 feet). Traffic will be detoured on existing secondary roads during construction. Categorical Exclusion Action Classification: (Check one) X TYPE II (A) TYPE II (B) Approved 3-?-9? ' 9/ Date Assistant Manager Planning & Environmental Branch 3-7-17 W G y h e Zr-74' o iT Date Project lanning Unit Head k, 0 / . / A Date Project Planning Engineer olo, ,?. . For Type II (B) projects only: Date. Division Administrator Federal Highway Administration 7 11 d, eo.1??0.. roidwer s? •? Ma.ers Swann H A R 01-8 r 7 Pmeview ? .o v Johnsonville 1 ooul Sprints 1 ' -- - - oncan So-Is K?olm a new 1 \? ? W1 e oe\ Bwes fees i Coats intlon ?O• 11 ° \ \T ss aeon nrr O • AI e/ ? ? 11 1 1 1 1 1 55 •J 1 1 /i: ? ?'' ?4 171 1815 ::r'i::?;• ''l ?1: ;: .. .ti '? ?'' ' ' ?•. '''''' .36 O 19: ^ N 17 1740 1815 173 14 b o 17 ,•;.: . .42 f:':?::::• 1 1735 1740 ::. Ir.,; ,•; ::.:;,,; :;:. , . 1 IStudied Detour Route 0 0 --r N • ' North Carolina Department of 4t, Transportation Division of Highways Planning & Environmental Branch Harnett County Replace Bridge No. 105 on SR 1735 Over the Black River B-3183 re One Y '?, ; ?SfAT(?h ?. , z 3 North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary August 9, 1996 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Replace Bridge 105 on SR 1735 over Black River, Harnett County, B-3183, Federal Aid Project BRSTP-1735(3), State Project 8.2451001, ER 96-9200 Division of Archives and History Jeffrey J. Crow, Director Dear Mr. Graf: We regret staff was unable to attend the scoping meeting for the above project on July 25, 1996. However, Debbie Bevin met with Bill Goodwin of the North Carolina Department of Transportation (NCDOT) on August 7, 1996, to discuss the project and view the project photographs and aerial. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms of historic architectural resources, we are aware of 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 27601-2507 g0, Y 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 Preservation Officer DB:slw cc: H. F. Vick C. Bruton T. Padgett STATE OF NORTH CAROLINA DEPARTMENT OF TPANSPORTATION JAMES B. HUNT JR. GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 GARLAND B. GARRETT JR. SECRETARY 07 March 1997 MEMORANDUM TO FROM: Wayne Elliot, Unit Head Project Planning Unit Lindsey Riddick, Environmental Biologist Environmental Unit SUBJECT: Natural Resources Technical Report for the proposed replacement of bridge No. 109 on SR 1735 over Black River, Harnett County. TIP No. B-3183, State project No. 8.2451001, Federal aid project No. BRSTP-1735 (3). REFERENCE: Protected species survey prepared by NCDOT biologist Bruce 0. Ellis 28 June 1996. ATTENTION: Bill Goodwin, P.E., Project Manager Project Planning Unit The following report is submitted to assist in the preparation of a Programmatic Categorical Exclusion for the proposed project. This report contains information concerning water resources, biotic resources, Waters of the United States, permit requirements and federally protected species within the project area. The information contained in this report is relevant only in the context of existing preliminary design concepts. If design parameters and criteria change, additional field investigations may need to be conducted. The proposed project involves replacing the existing bridge on existing location with minimum approach work. Existing right-of-way (ROW) is 18 m (60 ft). Proposed ROW is 24 m (80 ft). Project length is approximately 46 m (350 ft). Traffic will be detoured off site. Not METHODOLOGY General field studies were conducted along the proposed project area by NCDOT biologists Dale Suiter and Lindsey Riddick on 20 February 1997. Plant communities and their associated wildlife were identified and recorded. Wildlife identification involved using one or more of the following observation techniques: active searching and capture, visual observations (binoculars), identifying characteristic signs of wildlife (sounds, scat, tracks and burrows). Faunal species observed during the site visit are denoted with an asterisk (''). Terrestrial community classifications generally follow Schafale and Weakley (1990) where possible, and plant taxonomy follows Radford, et al. (1968). Animal taxonomy follows Martof, et al. (1980), Menhenick (1991), Potter, et al. (1980), and Webster, et al. (1985). Wetland classifications follow Cowardin et. al. (1979). Predictions regarding wildlife community composition involved general qualitative habitat assessment based on existing vegetative communities. Jurisdictional wetland determinations were performed using delineation criteria prescribed in the "Corps of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987). Information concerning federal and state protected species in the study area was gathered from the North Carolina Natural Heritage Program (NCNHP) database of rare species and unique habitats along with the U.S. Fish and Wildlife Service (FWS) list of protected species and species of concern. WATER' RESOURCES Water resources occur in the project area. These resources are in the form of the Black River, a coastal plain perennial stream. The Black River at bridge No. 105 is approximately 17 ft (5.2 m) wide and approximately 3-4 ft (1 m) deep. Substrate consists of sand and gravel and water is stained by tannins. Streams have been assigned a best usage classification by the Division of Water Quality (DWQ), formerly the Division of Environmental Management. The best usage classification for the Black River (DWQ Index No. 18-68-12-1) is C Sw. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. Sw (Swamp water) is a supplemental water classification including waters which have low velocities and other natural characteristics which are different from adjacent streams. NCDOT's Best Management Practices for the Protection of Surface Waters should be strictly enforced during the construction phase of the project. This would include: 1) installation of temporary silt fences to control runoff during construction 2) placement of temporary ground cover or re-seeding of disturbed sites to reduce runoff and decrease sediment loading 3) reduction of clearing along streams Terrestrial Communities There are two types of terrestrial communities currently existing in the project area, mixed pine hardwood and maintained/ roadside shoulder. Mixed Pine Hardwood Dominant canopy tree species noted were red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera), sweet gum (Liquidambar styraciflua), river birch (Betula nigra), and loblolly pine (Pinus teada). Saplings of red maple and tulip poplar were also present. Herbaceous species spresent in the area include giant cane (Arundinaria gigantea) and Japanese honeysucle (Lonicera japonica). Wildlife species that may be found in such areas may use this habitat for shelter and foraging and may also utilize the maintained/distubed areas to forage and as a travel corridor. Therfore, many of the species found in this habitat also have the potential to utilize the maintained/distuded community. Mammalian species likely to occur include, raccoon (Procyon lotor), gray squirrel (Sciurus carolinensis),whitetail deer (Odecoileous virginiana) , hispid cotton rat (Sigmodon hispidus), and Virginia oppossum (Didelphis virginiana). Avian species likely to be found in this community include Carolina chickadee (Parus carolinensis), mourning dove (Zenaida macrroura), common grackle (Quiscalas quicula), European starling (Sturnus vulgaris), and Common crow* (Corvus brachyrhynchos). Reptiles likely to be found in these areas include black racer (Coluber constrictor), five-lined skink (Eumeces fasciatus), and eastern fence lizard (Sceloporus undulatus). Maintained/Disturbed Community Maintained/disturbed community is also present in the project area. This community includes areas that are highly maintained in an early successional state. They are subject to frequent mowing and/or herbicide use. Having been subjected to some type and degree of disturbance in the past, many species found in this type of habitat are highly adaptive and have the ability to repopulate an area quickly after disturbance. Soil disturbance and compaction, along with frequent mowing and/or herbicide application, keep this community in an early successional stage. As a result, the vegetation in this community is predominantly grasses and herbs. These areas include roadside shoulder and small areas of maintained residential yards. These areas cover the majority of the area where construction will take place. Plant species that are common to maintained communities are fescue (Festuca sp.), wild onion (Allium canadense), broomsedge (Andropogon virginica), blackberry (Rubus argutus), Japanese honeysuckle (Lonicera japonica), goldenrod (Salidago sp.), privet (Ligustrum sinense), Carolina geranium (Geranium carolinianum), wild carrot (Daucus carota), wood sorrel (Oxalis sp.), and giant cane. Wildlife resources in this community are limited by the high degree of maintenance that occurs on residential developments and roadside shoulder. Species found in these areas generally use the area for foraging and are highly adaptive species that adjust well to human development. Wildlife species that are common to such areas include raccoon, eastern harvest mouse (Reithrodontomys humulis), hispid cotton rat, eastern fence lizard, Carolina chickadee, mourning dove, common grackle, European starling, black racer. JURISDICTIONAL TOPICS This section provides descriptions, inventories and impact analysis pertinent to two important issues--rare and protected species, and Waters of the United States. Waters of the United States Impacts to jurisdictional surface waters are anticipated. Jurisdictional surface waters are present in the form of the Black River, a coastal plain perennial stream.. Impacts can be minimized with NCDOT Best Management Practices. A small wetland, less than .1 ac (.04 ha), will be impacted north of SR 1375 on the western terminus of the project. This area is part of the mixed pine hardwood community. The Cowardin classification for this wetland is PF04A. This wetland type is described as Palustrine, forested, needle leaved evergreen, temporarily flooded. In accordance with provisions of section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the COE for the discharge of dredged or fill material into "Waters of the United States." Water Permits Nationwide 23 Permit A Nationwide Permit 33 CFR 330.5(a) (23) is likely to be applicable for all impacts to Waters of the United States resulting from the proposed project. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in whole, or part, by another Federal agency or department where that agency or department has determined the pursuant to the council on environmental quality regulation for implementing the procedural provisions of the National Environmental Policy Act: (1) that the activity, work, or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and; (2) that the office of the Chief of Engineers has been furnished notice of the agency' or department's application for the categorical exclusion and concurs with that determination. North Carolina Division of water Quality (DWQ) Section 401 Water Quality General Certification is also required. 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 into waters of the United States. The issuance of a 401 permit from DWQ is a prerequisite to issuance of a Section 404 Permit. Rare and Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human activities. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally-protected, be subject to review by the Fish and Wildlife Service (FWS). Other species may receive additional protection under separate state laws. 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 Endangered Species Act of 1973, as amended. As of 23 August 1996, the FWS lists four federally-protected species for Harnett County (Table 1). A complete description along with a biological conclusion for each species follows Table 1. Table 1 Federally Protected Species for Harnett County. Scientific name Common name Status Noptropis mekistocholas Cape Fear Shiner Endangered Picoides borealis red-cockaded woodpecker Endangered Isotria medeoloides small-whorled pogonia Threatened* _Lysamachia asperulaefolia rough-leaved loosestrife Endangered " species was last observed in the county over twenty years ago. Notropis mekistocholas (Cape Fear shiner) Endangered Animal Family: Cyprinidae Date Listed: 26 September 1987 a The Cape Fear shiner is a small, moderately stocky minnow. Its body is flushed with a pale silvery yellow, and a black band runs along its sides (Snelson 1971). The fins are yellowish and somewhat pointed. The upperlip is black and the lower lip has a black bar along its margin. Cape Fear shiner habitat occurs in streams with gravel, cobble, or boulder substrates. It is most often observed inhabiting slow pools, riffles, and slow runs associated with water willow beds. Juveniles can be found inhabiting slackwater, among large rock outcrops and in flooded side channels and pools. The Cape Fear shiner is thought to feed on bottom detritus, diatoms, and other periphytes. Captive specimens feed readily on plant and animal material. The Cape Fear shiner is limited to three populations in North Carolina. The strongest population of the Cape Fear shiner is in Chatham and Lee counties from the Locksville dam upstream to Rocky River and Bear Creek. Another population is located above the Rocky River Hydroelectric Dam in Chatham County, and the third population is found in the Deep River system in Randolph and Moore counties. Biological Conclusion: No Effect No habitat occurs for the Cape Fear shiner in the project area. The substrate of the Black River is mostly sandy with a few areas of gravel. The rocky and boulder type substrate and associated beds of aquatic vegetation that the Cape Fear shiner prefers does not occur in the project area. In addition, a search of NCNHP database of rare species and unique habitats revealed no records of the Cape Fear shiner in the project area. Therefore, this project will not affect the Cape Fear shiner. Picoides borealis (red-cockaded woodpecker) Endangered Animal Family: Picidae Date Listed: 13 October 1970 The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cap, nape, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest 4 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 No habitat as described above exists for the RCW in the project area. The mixed pine hardwood stands contain significantly less than 50% pine trees and are not contiguous to pine stands 30 years of age. In addition, a search of the NCNHP database of rare species and unique habitats revealed no records of RCW in the project area. Therefore, it can be concluded that this project will not affect RCW. Isofria medeoloides (small-whorled pogonia) Endangered Plant Family: Orchidaceae Federally Listed: September 10, 1982 Flowers Present: mid May-mid June Small-whorled pogonia is a perennial orchid having long pubescent roots and a hollow stem. Stems terminate in a whorl of five or six light green, elliptical leaves that are somewhat pointed. One or two light green flowers are produced at the end of the stem. Flowers of small-whorled pogonia have short sepals. The small-whorled pogonia grows in "second growth deciduous" or ' deciduous-coniferous forests, with an open canopy, open shrub layer, and sparse herb layer. It prefers acidic soils. Flowering is inhibited in areas where there is relatively high shrub coverage or high sapling density. Biological Conclusion: No Effect As stated in the referenced document, a plant by plant survey was conducted for small-whorled pogonia by NCDOT biologists Bruce 0. Ellis and Mark A. Hartman on 13 June 1996. No specimens were observed and a biological Conclusion of No Effect was given for this species. In addition, the NCNHP database of rare species and unique habitats was reviewed on 17 February 1996. This search revealed no records of small- whorled pogonia within the project area. Therefore, the Biological Conclusion of No Effect rendered in the referenced document remains valid. Lysimachia asperulaefolia (rough-leaved loosestrife) Endangered Plant Family: Primulaceae Federally Listed: June 12, 1987 Flowers Present: June Rough-leaved loosestrife is a perennial herb having slender stems and whorled leaves. This herb has showy yellow flowers which usually occur in threes or fours. Fruits are present from July through October. Rough-leaved loosestrife is endemic to the coastal plain and sandhills of North and South Carolina. This species occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins (areas of dense shrub and vine growth usually on a wet, peat, poorly drained soil), on moist to seasonally saturated sands and on shallow organic soils overlaying sand. It has also been found to occur on deep peat in the low shrub community of large Carolina bays (shallow, elliptical, poorly drained depressions of unknown origins). The areas it occurs in are fire maintained. Rough-leaved loosestrife rarely occurs in association with hardwood stands and prefers acidic soils. Biological Conclusion: No Effect As stated in the referenced document, a plant by plant survey was conducted for rough-leaved" loosestrife by NCDOT biologists Bruce O. Ellis and Mark A. Hartman on 13 June 1996. No specimens were observed and a biological Conclusion of No Effect was given for this species. In addition, the NCNHP database of rare species and unique habitats was reviewed on 17 February 1996. This search revealed no records of rough-leaved loosestrife within the project area. Therefore, the Biological Conclusion of No Effect rendered in the referenced document remains valid. Please contact me at extension 282 if you have any questions regarding this report. cc: V. Charles Bruton, Ph.D., Environmental Unit Head Hal C. Bain, Environmental Supervisor File: B-3183