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HomeMy WebLinkAbout19991070 Ver 1_Complete File_19991004?}n ISMo i' N i STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR U.S. Army Corps of Engineers Regulatory Field Office 6508 Falls of the Neuse Road Raleigh, NC 27609 ATTN: Mr. Eric Alsmeyer NCDOT Coordinator Dear Sir: DAVID MCCOY SECRETARY October 6, 1999 h1Go', F k= " SUBJECT: Richmond County, Replacement of Bridge. No. 33 over North Falling Creek on SR 1124 (Caroline Street). Federal Aid Project No. BRSTP- 1124(2). State Project No. 8.2580901. TIP No. B-3365. Attached for your information is a copy of the Programmatic Categorical Exclusion Classification Form with attachments 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 December 13, 1996, by the Corps of Engineers. The provisions of Section 330.4 and appendix A (C) of these regulations will be followed during construction of the project. The new bridge will be approximately 105.0 ft in length and 30.5 ft wide and will span North Falling Creek. North Falling Creek [13-39-12-(10), 9/1/74] lies in the Yadkin-Pee Dee river basin (sub-basin 30716) and carries a NCDWQ Best Usage Classification of Class C. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. There will be no impacts to jurisdictional waters since the bridge will span the entire creek and there are no wetlands within the project area. Traffic will be detoured on existing roads during construction. A two-bar metal rail will be used on the new bridge as part of environmental commitments for Section 106 of the National Historic Preservation Act. It is anticipated that these activities will be authorized via a NWP 23 (Programmatic Categorical Exclusion). By copy of this application, request is made to the Division of Water Quality, for the appropriate 401 Water Quality Certifications. If you have any questions or need any additional information, please contact Mr. Chris Rivenbark at (919) 733-9513. Sincerely, I/ C. 4J,- William Gilmore, P.E., Branch Manager o Project Development and Environmental Analysis cc: w/ attachments Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. William J. Rogers, P.E., Structure Design w/o attachment Mr. John Alford, P.E., Roadway Design Mr. Calvin Leggett, P.E., Program Development Mr. Len Hill, P.E., Highway Design Mr. William J. Rogers, P.E., Structure Design Mr. A. L. Hankins, P.E.; Hydraulics Mr. W.F. Rosser. P.E., Division 8 Engineer Mr. Wayne Elliot, PD & EA CATEGORICAL EXCLUSION ACTION CLASSIFICATION FOD'-.,? TIP Project No.: B-3365 7C?? _7) ii State Project No.: 8.2580901 T,? - () T Federal-Aid Project No.: BRSTP-1124 2 ?, A. Project Description: NCDOT will replace Bridge No. 33 on SR 1124 over North Fork F - n ..Creek in Richmond County. The bridge will be replaced with a new bridge 105 feet i length -I- e bridge will be 30.5 feet wide. This width will provide for a 22 foot travelwa a Y foot offset on the west side and a 5.5 foot offset on the east side. The bridge will have 54 inch two bar metal rails. The new approach roadway will also have a 22-foot travelway with shoulder widths of at least 8 feet. Shoulder width will be increased to at least 11 feet where guardrail is warranted. Traffic will be detoured on existing roads during construction. B. Purpose and Need: Bridge No. 33 has a sufficiency rating of 29.1 out of 100. The deck of Bridge No. 33 is only 5.8 meters (19 feet) wide. Bridge No. 33 is posted at 6 tons for single vehicles and truck-tractor semi-trailers [TTST] are not allowed on the bridge. For these reasons Bridge No. 33 needs to be replaced. C: Proposed Improvements: Circle one or more of the following Type II improvements which apply to the project: 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 3. 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. 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 zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements ) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is 2 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. 3. 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. Estimated Costs: Construction $ 500,000 Right of Way $ 28,000 Total $ 528,000 Estimated Traffic: Current - 1530 VPD Year 2020 - 2200 VPD Proposed Typical Roadway Section: The approach roadway will have a 22 foot wide travelway with at least 8 foot shoulders. Shoulder width will be increased to at least 11 feet where guardrail is warranted. Design Speed: 40 mph Functional Classification: SR 1124 is classified as an Urban Minor Arterial Route in the Statewide Functional Classification system. Sidewalks Existing Bridge No. 33 has a wooden sidewalk on the east side. The wide offset proposed for that side of the new bridge is to serve the same function. Since the approach roadway does not have sidewalks or curbs, the ends of a sidewalk on the bridge would be exposed and would be a traffic hazard. 54 inch two bar metal rails will also be included on the bridge. Division Office Comments: The Division Engineer supports-the chosen alternate and proposed method for detouring traffic during construction. E. Threshold Criteria The following evaluation of threshold criteria must be completed for Type II actions. ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique or ? X important natural resource? (2) Does the project involve any habitat where federally listed - endangered or threatened species may occur? 1 X F (3) Will the project affect anadromous fish? F1 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? (5) Will the project require use of U. S. Forest Service lands ? X 4 (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 X Resources (OWR) and/or High Quality Waters (HQW) ? (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? X (9) Does the project involve any known underground storage tanks ' I F_ i X (UST s) or hazardous materials sites? 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 X Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier Resources Act resources? F X (12) Will a U. S. Coast Guard permit be required? j 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, ECONOMIC, AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or X Ell, land use for the area? (16) Will the project require the relocation of any family or business? X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population? L_I X (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? ? X (19) Will the project involve any changes in access control? C X 5 (20) Will the project substantially alter the usefulness and/or land use of any adjacent property? X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? X (22) 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)? (23) Is the project anticipated to cause an increase in traffic volumes? X (24) Will traffic be maintained during construction using existing X ? roads, staged construction, or on-site detours? (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the bridge X ? replacement project be contained on the existing facility? (26) Is there substantial controversy on social, economic, or ?j environmental grounds concerning the project? LJ X (27) Is the project consistent with all Federal, State, and local laws ? relating to the environmental aspects of the action? X (28) Will the project have an "effect" on properties eligible for or ? X listed on the National Register of Historic Places? (29) Will the project affect any archaeological remains which are important to history or pre-history ? X (30) 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 X U. S. Department of Transportation Act of 1966)? (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act of 1966, X as amended? (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in ? - the natural Wild and Scenic Rivers? X 6 F. Additional Documentation Required for Unfavorable Responses in Part E None. G. CE Approval TIP Project No.: B-3365 State Project No.: 8.2580901 Federal-Aid Project No.: BRSTP-1124(2) Project Description: NCDOT will replace Bridge No. 33 on SR 1124 over North Fork Falling Creek in Richmond County. The bridge will be replaced with a new bridge 105 feet in length. The bridge will be 30.5 feet wide. This width will provide for a 22 foot travelway and a 3 foot offset on the west side and a 5.5 foot offset on the east side. The bridge will have 54 inch two bar metal rails. The new approach roadway will also have a 22-foot travelway with shoulder widths of at least 8 feet. Shoulder width will be increased to at least 11 feet where guardrail is warranted. Traffic will be detoured on existing secondary roads during construction. Categorical Exclusion Action Classification: (Check one) X TYPE II (A) TYPE II (B) Approved: Date Assistant Manager, Project Development & Environmental Analysis Branch -/O-9 y W4 „ e n1'a7?L Date Project fanning Unit Head Date Project Planning Engineer For Type II (B) projects only: Not Required Date Division Administrator, Federal Highway Administration 7 N Studied Detour Route ?o? %MTh yo North Carolina Department of Transportation ''+F Division of Highways Planning & Environmental Branch OF Richmond County Replace Bridge No. 33 on SR 1124 Ove r North Fork Falling Creek B-3365 Figure One Federal Aid ;? aRSTP-1 I Zq Z) TIP T 6 33(Drj County I`i Chrr, CONCURRENCE FORM FOR ASSESSMENT OF EFFECTS On R pr i 15 _ I g q 9 representatives of the North Carolina Department of Transportation (NCDOT) ? Federal Highway Administration (FH`VA) ? North Carolina State Historic Preservation Office (SHPO) Othe- reviewed the subject project and agreed there are no erects on the National Register-listed property within the project's area of potential effect and listed on the reverse C rW l rer•)rr,entaA C0mrn,? Me.,rL}•5 there are no effects on the Nationai Register-eligibie properties locatea witntn tree project's area of potential effect and listed on the reverse. there is an effect on the National Register-listed property/properties within the projects area of potential effect. The property-properties and the effect(s) are listed on the reverse. there is an effect on the National Register-eligible property/properties within the project's area of potential effect. The property/ properties and effect(s) are listed on the reverse. Si¢ned: P Representative, NCDOT, Historic Architectural Resources Section A, for the Division Administrator, or other Federal Agency Representative, SHPO tate Historic Preservation Otfi 1 1s 1999 Date il?s/ Date 13 /s-9 (over) Brief Project Description r?uc??tt r„a T 14.1L-4-J TIP T 0.33405 County 1C}1rY1D Properties within area of potential effect for which there is no effect. Indicate if property is National Resister-listed (NR) or determined eligible (DE). IZOc??i Jim FZR S'0.. on 3 W p ,? 1?i 5 i ?DE) env i ron mejdoJ cDrnmil}t?r? Nc-Do7- W f I 1 use 01 Z- Isar rne i-CJ rCL.i 1 on new bridge ov e.r NorK-, Form Rdl l'lttl C.reeL Prooerties within area of potentiai effect for which there is an effect. Indicate property status (tiT. or DE) and describe effect. Reason(s) why effect is not adverse (if applicable). Initialed: NCDOT MP,?- FHWA SHPO 3 Y STATE ,V North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary March 17, 1999 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Historical Architectural Resources survey report, replace Bridge No. 33 on SR 1124 over North Fork Falling Creek, Richmond County, Federal Aid No. BRSTP-1124(2), State Project 8.258090 1, B-3365, ER 99-8488 Dear Mr. Graf: Division of Archives and History Jeffrey J. Crow, Director We have received copies of the above referenced report by Mary Pope Furr from the North Carolina Department of Transportation. For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur that the following property is eligible for the National Register of Historic Places under the criterion cited: Property #2-5, Rockingham Railroad Station and Warehouse Historic District, under Criterion A due to its association with transportation history in North Carolina and direct link to one of the state's earliest east-west rail lines, and Criterion C as an architecturally significant historic district that embodies the distinctive characteristic of mid and late nineteenth century building types, methods of construction, and design details. We concur that Bridge 33 is not eligible for listing in the National Register of Historic Places. The above comments are made pursuant to Section 106 of the National Historic Preservation Act 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 0?9 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, j ?David Brook Deputy State Historic Preservation Officer DB:slw cc: W. D. Gilmore B. Church North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary December 16, 1997 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Replace Bridge #33 on SR 1 124 over N. Fork Falling Creek, Richmond County, B-3365, Federal Aid Project BRSTP-1 124(2), State Project 8.2580901, ER 98-7695 Dear Mr. Graf: Division of Archives and History Jeffrey J. Crow, Director We regret staff was unable to attend the scoping meeting for the above project on November 4, 1997. However, Debbie Bevin met with Bill Goodwin of the North Carolina Department of Transportation (NCDOT) on December 2, 1997, 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, there are several structures over fifty years of age, including Bridge #33, within the general project area. We recommend that an architectural historian With NCDOT survey the project's area of potential effect and report the findings to us. 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 27601-2307 1?3 ?V Nicholas L. Graf December 16, 1997, 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 Preservation Officer DB:slw cc: F. Vick B. Church T. Padgett e d SU7(°? IoM STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION 1AMEs B. HUNT 1R. GOVERNOR MEMORANDUM TO: FROM: September 4, 1998 Wayne Elliot, Unit Head Bridge Unit DAVID MCCOY SECRETARY Chris Rivenbark, Environmental Biologistd- Natural Resources, Mitigation, and Permits Unit SUBJECT: Natural Resources Technical Report for the replacement of Bridge No. 347 on SR 1984 over Laurel Creek in Burke County. Federal Aid Project No. MABRZ-1984(2). State Project No. 8.2851901. TIP No. B-3312. ATTENTION: John Williams, P.E., Project Engineer Bridge Unit The attached Natural Resources Technical Report (NRTR) provides inventories and descriptions of natural resources within the project area to assist in the preparation of a Categorical Exclusion (CE). Estimations of impacts likely to occur to these resources as a result of project construction are provided as well. cc: V. Charles Bruton, Ph.D., Unit Head, Natural Resources, Mitigation, and Permits Unit File: B-3312 Replacement of Bridge No. 347 on SR 1984 over Laurel Creek Burke County Natural Resources Technical Report T.I.P. No. B-3312 State Project No. 8.2851901 Federal Aid Project No. MABRZ-1984(2) North Carolina Department of Transportation . Division of Highways Planning and Environmental Branch Natural Resources, Mitigation, Permits Unit Chris Rivenbark, Environmental Biologist 4 September, 1998 TABLE OF CONTENTS 1.0 INTRODUCTION ......................................................................................................1 1.1 PROJECT DESCRIPTION ............................................................................................. ..1 1.2 PURPOSE ................................................................................................................. ..1 1.3 TERMINOLOGY AND DEFINITIONS ................................................................................ ..1 1.4 METHODOLOGY ........................................................................................................ ..1 2.0 PHYSICAL RESOURCES ...................................................................................... ..2 2.1 WATER RESOURCES ................................................................................................. ..2 3.0 BIOTIC RESOURCES ............................................................................................ ..3 3.1 TERRESTRIAL COMMUNITIES ...................................................................................... .. 3 3.2 SUMMARY OF ANTICIPATED IMPACTS ........................................................................... ..4 3. 2.1 Anticipated Impacts to Terrestrial Communities ............................................... .. 4 3. 2.2 Anticipated Impacts to Water Resources ............................................ 4.0 JURISDICTIONAL TOPICS ................................................................................... ..5 4.1 WATERS OF THE UNITED STATES ............................................................................... .. 6 4. 1.1 Permits .............................................................................................................. ..6 4.2 FEDERALLY PROTECTED SPECIES ..............:............................................................... ..7 5.0 REFERENCES ....................................................................................................... 13 LIST OF TABLES TABLE 1. ESTIMATED IMPACTS TO TERRESTRIAL COMMUNITIES ............................................4 TABLE 2. FEDERALLY PROTECTED SPECIES FOR RICHMOND COUNTY ................................... 7 TABLE 3. FEDERAL SPECIES OF CONCERN FOR RICHMOND COUNTY ................................... 11 1.0 INTRODUCTION The following Natural Resources Technical Report is submitted to assist in preparation of a Programmatic Categorical Exclusion. 1.1 Project Description The proposed project calls for the replacement of bridge No. 33 over North Fork Falling Creek in Richmond County. The proposed right-of-way is 18.3 m (60 ft). The project length is approximately 76.2 m (250 ft). Traffic will be maintained on a temporary offsite detour during construction. 1.2 Purpose The purpose of this document is to describe and inventory the natural resources identified within the project vicinity and estimate potential impacts to these resources. Recommendations are made for measures which will minimize resource impacts. These descriptions and estimates are relevant only in the context of existing design concepts. If preliminary design parameters change, an additional field investigation may be necessary. 1.3 Terminology and Definitions For the purposes of this document, the following terms are used concerning the limits of natural resources investigated. Project study area (project area) denotes the area bounded by the proposed right-of-way limits. Project vicinity describes.an area extending 0.8 km (0.5 mi) on all sides of the project study area. Project region is equivalent to an area represented by a 7.5 minute USGS quadrangle map [163.3 sq km (61.8 sq mi)], with the project as the center point. 1.4 Methodology Prior to the site visit, published resource information pertaining to the project area was gathered and reviewed. Information sources include; U.S. Geological Survey (USGS) quadrangle maps (Rockingham), NCDOT aerial photographs of project area (1:1200), Fish and Wildlife Service (USFWS) list of protected species and N.C. Natural Heritage Program (NCNHP) database. of uncommon and protected species and unique habitats. A field survey for the project was conducted on August 24, 1998 by NCDOT biologists Chris Rivenbark and Dale Suiter. Plant communities were identified and recorded. Wildlife was identified using a number of observation techniques, including habitat evaluation, active searching and recording identifying signs of wildlife (sounds, tracks and burrows). 2.0 PHYSICAL RESOURCES Water and soil resources, which occur in the study area, are discussed below. The availability of water and soils directly influence composition and distribution of flora and fauna in any biotic community. 2.1 Water Resources One surface water is located within the project area. The Division of Water Quality (DWQ) has assigned index numbers for streams and tributaries in North Carolina. This stream, North Falling Creek [13-39-12-(10),9/1/74], lies in the Yadkin- Pee Dee river basin (sub-basin 30716). North Falling Creek carries a Best Usage Classification of Class C. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. The stream flow of North Falling Creek was moderate at the time of field visit. The stream was approximately 6.1 m (20.0 ft) in width with an average channel width of 7.6 m (25 ft). The stream ranged from approximately 7.6-25.4 cm ( 3.0-10.0 in.) deep. The substrate consisted of sand and cobble. The stream also had several pieces of trash including litter and tires. Point sources refers to discharges that enter surface water through a pipe, ditch, or other defined points of discharge. The term most commonly refers to discharges associated with wastewater treatment plants. Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. Any discharger is required to register for a permit. There is one NPDES site located within 1.6 km (1.0 mi) upstream of the project study area. TNS Mills, Inc.-Rockingham Plant discharges into Hitchcock Creek approximately 1559.0 m (5,116.0 ft) upstream of the project area. Permit No. NCG500070 was issued on 9/27/93 to this discharger. Non-point source refers to runoff that enters surface waters through stormwater flow or no defined point of discharge. There are many types of land use activities that can serve as sources of nonpoint source pollution including land development, construction, crop production, animal feeding lots, failing septic systems, landfills, roads, and parking lots. Sediment and nutrients are major pollution-causing substances associated with nonpoint source pollution. Others include fecal coliform bacteria, heavy metals, oil and grease, and any other substance that may be washed off the ground or removed from the atmosphere and carried into surface waters The Benthic Macroinvertebrate Ambient Network (BMAN) is managed by DWQ and is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program assesses water quality by sampling for selected benthic macro i nverteb rate organisms at fixed monitoring sites. Some macroi nve rteb rates are sensitive to very subtle changes in water quality; thus, the 2 species richness and overall biomass of these organisms are reflections of water quality. There are no BMAN sites within the project vicinity. 3.0 BIOTIC RESOURCES This section describes the ecosystems encountered and the relationships between vegetative and faunal components within terrestrial, and aquatic ecosystems. Descriptions of the terrestrial systems are presented in the context of plant community classifications (Schafale and Weakley, 1990). Representative animal species which are likely to occur in these habitats are cited. Animals observed during the site visit are denoted by (*) in the text. Sightings of spoor evidence are equated with sightings of individuals. Scientific nomenclature and common names (when applicable) are used for plant and animal species described. Subsequent references to the same organism will include the common name only. 3.1 Terrestrial Communities Two terrestrial communities, maintained roadside and riparian fringe, exist within the project area, and will be impacted by the subject project. The maintained roadside community consists of the highly maintained shoulders and some less intensively managed areas that grade into the surrounding natural communities. Significant soil disturbance and compaction, along with frequent mowing or herbicide application, keep this community in an early successional state. Dominant plants in the heavily maintained portions of the roadside community include fescue (Festuca sp.), and plantain (Plantago sp.). In the areas which receive lower levels of maintenance, more diverse communities can develop. This community was populated by Japanese honeysuckle (Lonicera japonica), goldenrods (Solidago spp.), bush clover (Lespedeza sp.), grape (Vitus sp.), ragweed (Ambrosia artemisiifolia), pokeweed (Phytolacca americana), giant reed (Arunda donax), spotted spruge (Euphorbia maculata), Virginia creeper (Parthenocissus quinquefolia), Brasilian richweed (Richardia brasiliensis), and horse nettle (Solanum carolininsis). The riparian fringe exists along the bank of North Fork Falling Creek. Dominant plants present in this community include white mullberry (Morus alba), box elder (Acer negundo), jewel weed (Impatiens capensis), elderberry (Sambucus canadensis), cardinal flower (Lobelia cardinalis), climbing hempweed (Mikania scandens), buttonbush (Cephalanthus occidentalis), false nettle (Bohmeria cylindrica), aster (Aster dumosus), Chinese privet (Ligustrum sinense), ragweed (Ambrosia artemisiifolia), morning glory (Ipomoea sp.), virgin's bower (Clematis virginiana), ryegrass (Lolium multiflorum), pokeweed, wild asparagus (Asparagus officinalis), and wild lettuce (Lactuca canandensis). 3 Wildlife found in these communities is limited and consists primarily of wide-ranging, adaptable species which are well suited to coexistence with human development. Mammals common to disturbed edge areas, such as eastern cottontail rabbit (Sylvilagus floridanus), Virginia opossum (Didelphis virginiana), raccoon (Procyon lotor), white-tailed deer (Odocoileus virginianus), and gray squirrel (Sciurus carolinensis) may inhabit forested fringes. The most common reptiles found in such habitats are eastern box turtle (Terrapene carolina) and predators such as black racer (Coluber constrictor), and eastern garter snake (Thamnophis sirtalis) are likely to be found searching for small mammals such as the southeastern shrew (Sorex longirostris), white footed mouse (Peromyscus leucopus) and hispid cotton rat (Sigmodon his idus) in these disturbed habitats. Birds likely to frequent such habitats include common crow* (Corvus brachyrhynchos), domestic pigeon* (Columbia livia), Carolina wren (Thryothorus ludovicianus), American robin (Turdus migratorius), mourning dove (Zenaida macroura), and European starling (Stumus vulgaris). Freshwater fishes likely to be found in creeks such as North Fork Falling Creek may include creek chub (Semotilus atromaculatus), white shiner (Notropis albeolus), bluehead chub (Hybopsis leptocephala), and rosyside dace (Clinostomus funduloides). 3.2 Summary of Anticipated Impacts Construction of the proposed project will have various impacts on the biotic resources described. This section quantifies and qualifies potential impacts to the natural communities within the project area in terms of the area impacted and the organisms affected. 3.2.1 Anticipated Impacts to Terrestrial Communities Impacts to terrestrial communities will result from project construction due to the clearing and paving of portions of the project area, and thus the loss of community area. Calculated quantitative impacts to terrestrial communities reflect the relative abundance of each community present in the study area (Table 1). Estimated impacts are derived based on the project length of 76.2 m (250 ft.). The entire right-of-way 18.3 m (60 ft) was used for this calculation. The entire right-of-way will probably not be impacted, therefore actual impacts to the communities may be considerably less. Table 1. Estimated Impacts to Terrestrial Communities. Community type Estimated' impacts ha (ac) Maintained roadside 0.09 (0.23) Riparian fringe 0.04 (0.11) Total 0.13 (0.34) Flora and fauna occurring in these communities are generally common throughout North Carolina because of their adaptability to wide ranging environmental 4 factors. Moreover, a similar roadside shoulder community will be re-established after construction. Animals temporarily displaced by construction activities should repopulate areas suitable for the species following project completion. As a result, it is unlikely that existing species will be displaced significantly from the project area following construction. However, to minimize the temporary effects of project construction, all cleared areas along the roadways should be revegetated promptly after project completion to minimize erosion and the loss of wildlife habitat. 3.2.2 Anticipated Impacts to Water Resources No waters classified as High Quality Waters (HQW), Outstanding Resource Waters (ORW) or Water Supplies (WS-I or WS-II) occur within 1.6 km (1.0 mi) of the project study area. Estimated impacts to North Fork Failing Creek were calculated using the right-of- way and the width of the stream (bank to bank). Approximately 18.3 linear m (60 linear ft.) of the stream will be impacted. An area of approximately 139.1 m2 (1500.0 ft2) may be temporarily impacted inside the stream bed. Aquatic communities are sensitive to any changes in the environment. Any action that affects water quality can have an adverse impact on aquatic organisms. Although most of the disturbance caused by project construction will be temporary, some environmental impacts caused by the proposed project will be long term or irreversible. Installation or modification of instream structures, such as replacement or extension of culverts, can permanently affect many physical stream parameters. Project construction may result in the following impacts to surface waters: - Increased silt loading and sedimentation from erosion of disturbed soils. - Changes in light incidence, water clarity and water temperature due to increased sediment load and riparian vegetation removal. - Alteration of stream discharge due to silt loading and changes in surface or ground water drainage patterns. - Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles. Precautions must be taken to minimize these and other impacts to water resources in the study area. NCDOT's Best Management Practices (BMP) for the Protection of Surface Waters must be strictly enforced throughout the construction stage of the project. 4.0 JURISDICTIONAL TOPICS This section provides inventories and impact analyses pertinent to two significant regulatory issues: Waters of the United States and rare and protected species. These 5 issues retain particular significance because of federal and state mandates which regulate their protection. This section deals specifically with the impact analyses required to satisfy regulatory authority prior to project construction. 4.1 Waters of the United States Surface waters and wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Register (CFR) Part 328.3. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). Surface waters are waters used in interstate or foreign commerce, waters subject to the ebb and flow of tides, all interstate waters including interstate wetlands, and all other waters such as intrastate lakes; rivers, and streams. Surface waters include all standing or flowing waters which have commercial or recreational value to the public. Approximately 18.3 linear m (60 linear ft.) of North Fork Falling Creek may be impacted. 4.1.1 Permits Impacts to jurisdictional surface waters are anticipated from the proposed project. As a result, construction activities will require permits and certifications from various regulatory agencies in charge of protecting the water quality of public waters resources. There are no jurisdictional wetlands present in the project area. A Nationwide Permit 23 CFR 330 Appendix A (B) (23) is likely to be applicable for the crossing of North Fork Falling Creek. This permit authorizes construction provided the following conditions are met: • the width of the fill is limited to the minimum necessary for the actual crossing; • the fill place in Waters of the United States is limited to a filled area of no more than 0.45 ha (1.0 ac); • no more than a total of 45.7 m (150.0 linear ft) of the fill for the roadway can occur in special aquatic sites, including wetlands; • the crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected high flows and tidal flows and movement of aquatic organisms, and; • the crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of Waters of the United States. This project will also require a 401 Water Quality Certification from the DWQ prior to the issuance of the Nationwide Permit. Section 401 of the Clean Water Act requires that the state issue or deny water certification for any federally permitted or licensed activity that may result in a discharge to Waters of the United States. Section 401 Certification allows surface waters to be temporarily impacted for the duration of 6 the construction or other land manipulation. The issuance of a 401 permit from the DWQ is a prerequisite to issuance of a Section 404 permit. 4.2 Federally 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). 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. An endangered species is considered to be a species that is in danger of becoming extinct throughout all or a significant portion of its range. A threatened species is considered to be a species that is likely to become an endangered species within the foreseeable'future throughout all or a significant portion of its range. As of 14 May 1998, the U.S. Fish and Wildlife Service (FWS) lists four federally protected species for Richmond (Table 2). Descriptions and biological conclusions for these species are provided below. Table 2. Federallv Protected Scecies for Richmond County Scientific,Name Common Name Status Picoides borealis red-cockaded woodpecker Endangered Acipenser brevirostrum shortnose sturgeon Endangered Lysimachia asperulaefolia rough-leaved loosestrife Endangered Rhus michauxii Michaux's sumac Endangered Note: "Endangered" denotes Endangered (a species that is threatened with extinction throughout all or a significant portion of its range). Picoides borealis (red-cockaded woodpecker) Endangered Animal Family: Picidae Date Listed: 10/13/70 . The red-cockaded woodpecker (RCW) once occurred from New Jersey to southern Florida and west to eastern Texas. It occurred inland in Kentucky, Tennessee, Arkansas, Oklahoma, and Missouri. The RCW is now found only in coastal states of its historic range and inland in southeastern Oklahoma and southern Arkansas. In North Carolina moderate populations occur in the sandhills and southern coastal plain. The few populations found in the piedmont and northern coastal plain are believed to be relics of former populations. 7 The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cap, nape, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are >60 years old and are contiguous with pine stands at least 30 years of age. The foraging range of the RCW is up to 200 hectares (500 acres). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with the fungus that causes red-heart disease. Cavities are located in colonies from 3.6-30.3 m (12-100 ft) above the ground and average 9.1-15.7 m (30-50 ft) high. They can be identified by a large incrustation of running sap that surrounds the tree. The large incrustation of sap is believed to be used as a defense by the RCW against possible predators. A clan of woodpeckers usually consists of one breeding pair and the offspring from previous years. The RCW lays its eggs in April, May, and June and hatch 38 days later. Clutch size ranges in number from 3-5 eggs. All members of the clan share in raising the young. Red-cockaded woodpeckers feed mainly on insects but may feed on seasonal wild fruits. Biological Conclusion: No Effect Suitable habitat in the form of pine trees that are >60 years old and are contiguous with pine stands at least 30 years of age is not present in the project area. In addition, a review of the North Carolina Natural Heritage Program (NCNHP) database on September 2, 1998 indicated that there is no known occurrence of the red-cockaded woodpecker within 1.6 km (1.0 mi) of the project area. Therefore, this project will not affect this species. Acipenserbrevirostrum (short-nosed sturgeon) Endangered Animal Family: Acipenseridae Date Listed: 3/11/67 The short-nosed sturgeon is a small (1 meter in length) species of fish which occurs in the lower sections of large rivers and in coastal marine habitats from the St. John River, Canada to the Indian River, Florida. It can be differentiated from the Atlantic sturgeon because of its shorter snout, wider mouth, and the pattern of its preanal shields (the short-nose having one row and the Atlantic which has two). 8 The short-nosed sturgeon prefers deep channels with a salinity less than sea water. It feeds benthicly on invertebrates and plant material and is most active at night. It is an anadromous species that spawns upstream in the spring and spends most of its life within close proximity of the rivers mouth. At least two entirely freshwater populations have been recorded, in South Carolina and Massachusetts. The short-nosed sturgeon requires large fresh water rivers that are unobstructed by dams or pollutants to reproduce successfully. Biological Conclusion: No Effect . Suitable habitat in the form of large fresh water rivers is not present in the project area. North Fork Falling Creek is approximately 7.6-25.4 cm ( 3.0-10.0 in.) deep. The stream also had several pieces of trash including litter and tires. In addition, a review of the NCNHP database on September 2, 1998 indicated that there is no known occurrence of the short-nosed sturgeon within 1.6 km (1.0 mi) of the project area. Therefore, this project will not affect this species. Lysimachia asperulaefolia (rough-leaved loosestrife) Endangered Plant Family: Primulaceae Federally Listed: June 12, 1987 Flowers Present: June Best Search Time: late spring through mid summer (late May - early June) Rough-leaved loosestrife is endemic to the Coastal Plain and Sandhills of North Carolina and South Carolina.Typical habitat for rough-leaved loosestrife is the ecotone between high pocosin and longleaf pine (or oak) savannas that contain sandy or peaty soils and full sunlight. Roughed-leaved loosestrife sometimes occurs in Low Pocosin openings where light is abundant at ground level. Other habitats where this species is found include ecotones of Stream-head Pocosins in the Sandhills and Sandhill Seeps where wet sands are underlain by clay, allowing water to seep to the surface along slopes. Rough-leaved loosestrife is a perennial herb growing from 30 - 60 cm tall. Its sessile leaves, in whorls of three to four, are broadest at the base and have three prominent veins. The leaves are entire, slightly revolute (rolled under along the margins), yellow-green or blue-green in color and lustrous. Rough-leaved loosestrife flowers from May to June. The yellow flowers are formed in a loose, cylindrical, terminal raceme that is 3-10 cm long. Each corolla is 1.5 cm across and contains five dotted or streaked petals. Fruits in the form of a capsule are formed by August but don't dehisce until October. Rough-leaved loosestrife depends on rhizomatous growth rather than sexual reproduction for short term survival. The leaves turn a reddish color 9 in fall and the plant over winters in a dormant stage. Stipitate glands are found on most parts of the plant. Urban development, conversion of land to agricultural and silvicultural practices and associated drainage and fire suppression allows growth of shrubs and trees that shade this species out. Plowing fire breaks along ecotones could also negatively impact rough-leaved loosestrife. Biological Conclusion: No Effect Suitable habitat in the form of ecotone between high pocosin and longleaf pine (or oak) savannas is not present in the project area. In addition, a review of the NCNHP database on September 2, 1998 indicated that there is no known occurrence of rough-leaved loosestrife within 1.6 km (1.0 mi) of the project area. Therefore, this project will not affect this species. Rhus michauxii (Michaux's sumac) Endangered Plant Family: Anacardiaceae Federally Listed: September 28, 1989 Flowers Present: June Michaux's sumac is endemic to the inner Coastal Plain and Piedmont physiographic provinces of Virginia, North Carolina, South Carolina and Georgia. Most populations occur in North Carolina. This species prefers sandy, rocky, open woods and roadsides. Its survival is dependent on disturbance (Mowing, clearing, fire) to maintain an open habitat.. It is often found with other members of its genus as well as with poison ivy (Toxicodendron radicans). There is no longer believed to be an association between this species and specific soil types. Michaux's sumac is a dioecious shrub growing to a height of 0.2 - 1.0 m (0.06 - 0.31 ft). Plants flower in June, producing a terminal, erect, dense cluster of 4-5 parted greenish-yellow to white flowers. Fruits, produced from August through September, are red, densely short-pubescent drupes, 5 - 6 mm (0.25 in) across. Most populations, however, are single sexed and reproduce only by rhizomes. The entire plant is densely pubescent. The deciduous leaves are composed of 9 - 13 sessile, oblong leaflets on a narrowly winged or wingless rachis. The acute to acuminate leaflets have rounded bases and are 4-9 cm (1.5 - 3.5 in) long and 2 - 5 cm (1.0 - 2.0 in) wide. They are simply or doubly serrate. This species is threatened by loss of habitat. Since its discovery, 50 percent of Michaux's sumac habitat has been lost due to its conversion to silvicultural and 10 agricultural purposes and development. Fire suppression and herbicide drift have also negatively impacted this species. Biological Conclusion: No Effect Suitable habitat in the form of sandy, rocky, and open woods is not present in the project area. However, roadsides are present in the project area. Michaux's sumac was not observed during the field investigation on August 24, 1998 by NCDOT biologists Chris Rivenbark and Dale Suiter. In addition, a review of the NCNHP database on September 2, 1998 indicated that there is no known occurrence of Michaux's sumac within 1.6 km (1.0 mi) of the project area. Therefore, this project will not affect this species. Federal Species of Concern and State Listed Species There are fifteen Federal Species of Concern (FSC) listed for Richmond County. Federal Species of Concern are not afforded federal protection under the ESA and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Federal Species of Concern are defined as those species which may or may not be listed in the future. These species were formally candidate species, or species under consideration for listing for which there was insufficient information to support a listing of Endangered, Threatened, Proposed Endangered and Proposed Threatened. Organisms which are listed as Endangered (E), Threatened (T), Significantly Rare (SR) or Special Concern (SC) by the North Carolina Natural Heritage Program (NCNHP) list of rare plant and animal species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. Table 3 lists Federal Species of Concern and State listed species, the species state status and the existence of suitable habitat for each species in the study area. This species list is provided for information purposes as the status of these species may be upgraded in the future. Table 3. Federal Species of Concern for Richmond Countv. Scientific Name Common Name Status Habitat Aimophila aestivalis Bachman's sparrow SC Yes Corynorhinus (=Plecotus) rafinesquii Rafinesque's big-eared bat SC No** Heterodon simus Southern hognose snake SR Yes* Moxostroma robustum robust redhorse SC No Pituophis melanoleucus melanoleucus northern pine snake SC Yes** Atrytone arogos arogos Arogos skipper SR No** 11 Amorpha georgiana var. georgiana Georgia leadplant E Yes Astragalus michauxii sandhills milkvetch C Yes Kalmia cuneata white wicky E-SC/PC Yes Lilum iridollae sandhills bog lily C/PT No* Lindera subcoriacea bog spicebush E No Potamogeton confervoides conferva pondweed C Yes Stylisma pickeringii var. pickeringii Pickering's dawnflower E Yes* Scientific Name Common. Name Status Habitat Tofieldia glabra smooth bog-asphodel C Yes Xyris scabrifolia roughleaf yellow-eyed grass C No* Note: *Historic record- the species was last observed in the county more than 50 years ago. **Obscure record- the date and/or location of observation is uncertain. E- endangered T- threatened SC-special concern C- candidate SR- significantly rare P-proposed Watch List: (1)-rare, but relatively secure (2)-rare, but taxonomically questionable Surveys for these species were not conducted during the site visit. A review of the N.C. Natural Heritage Program data base of the rare species and unique habitats on September 2, 1998 did not reveal any records of North Carolina rare and/or protected species in or near the project study area 12 5.0 REFERENCES Amoroso, J.L. 1997. Natural Heritage Program list of the rare plant species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Fish, F.F. 1969. A Catalog of the Inland Fishing Waters of North Carolina. North Carolina Wildlife Resources Commision. The Graphic Press, Inc. LeGrand, Jr., H.E. and S.P. Hall. 1997. Natural Heritage Program list of the rare animal species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. Chapel Hill, The University of North Carolina Press. Pennak, R.W. 1989. Fresh-water Invertebrates of the United States, 3rd ed. John Wiley and Sons, Inc. Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. Chapel Hill, The University of North Carolina Press. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. Chapel Hill, The University of North Carolina Press. Rohde, F.C.; R.G. Arndt, D.G. Lindquist, and J.F. Parnell. 1994. Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware. The University of North Carolina Press, Chapel Hill and London. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina. Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. U.S. Fish and Wildlife Service. 1997. Endangered, Threatened, and Candidate Species and Federal Species of Concern in North Carolina Webster, W.D., J.F. Parnell and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. Chapel Hill, The University of North Carolina Press. Chapel Hill and London. 13 .1 tiA C„/ Po 1 -o > Y' 0 h / r' ''aI , 1 EA?Pj U CO `ly' 7 .r_-' cooxatp ?HUR I Rdc ,po '. MILI Y R VA C /// xqP j / - ?t 'In 117Mr ddv_ _ ? l 1 M Farlarxi V ?x e f s. 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