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HomeMy WebLinkAbout20000101 Ver 1_Complete File_20000204 r, 61 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT 1R. GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 December 22, 1999 U. S. Army Corps of Engineers Wilmington Regulatory Field Office Post Office Box 1890 Wilmington, North Carolina 28402-1890 Attention: Mr. Dave Timpy 000101 DAVID MCCOY SECRETARY FEB NCDOT Coordinator Subject: Sampson County, SR 1007, Replace Bridge No. 58 over Black Creek; Federal Aid Project No. BRZ-1007(3); State Project No. 8.2281001; TIP No. B-2625. Dear Sir: The North Carolina Department of Transportation (NCODT) requests authorization from the U. S. Army Corps of Engineers (USACE) under a Section 404 Nationwide Permit 2ii to replace Bridge No. 58 over Black River on SR 1007. The NCDOT also requests authorization under a Section 404 Nationwide Permit -36 for temporary impacts associated with bridge removal. The project involves replacing Bridge No. 58 over Black Creek on existing location at approximately the same elevation. Traffic will be maintained utilizing an off- site detour. The project has been described in a Categorical Exclusion (CE) Action Classification Form signed by the Federal Highway Administration (FHWA) on February 28, 1997. A natural resource investigation was conducted by the NCDOT in June 1996. Both of these documents are attached to this letter. The project is being processed by the FHWA as a CE in accordance with 23 CFR 771.115(b). Therefore, the NCDOT does not anticipate requesting a Section 404 Individual Permit but proposes to proceed under a Section 404 Nationwide Permit 23 in accordance with 61 Federal Re ig ster 65874, 65916, issued December 13, 1996. 1 ' 2 NCDOT biologists delineated wetlands associated with the replacement of Bridge No. 58 over Black River on December 15, 1999. This delineation was performed in accordance with the 1987 Corps of Engineers Wetland Delineation Manual (Environmental Laboratory, 1987). Based on this delineation, there will be no fill in wetlands as the project construction limits are the existing toe of slope. There will be approximately 0.05 acre of impacts to wetlands from mechanized clearing, located within the permanent drainage easement. Plan view drawings of the bridge project are provided as well as a bridge survey report depicting the existing fill line and the additional fill needed. Bridge No. 58 has seventeen spans totaling 340 feet in length. The deck and bridge railings for the superstructure are composed of concrete. The entire substructure is composed of timber except for the caps on two (2) of the interior bents. Both the bridge rail and the timber substructure will be removed without dropping them into Waters of the U.S. There is potential for components of the deck to be dropped into Waters of the U.S. during construction. The resulting temporary fill associated with the concrete deck and the two concrete caps is approximately 55 yd . Therefore, the NCDOT anticipates that this impact can be authorized under a Section 404 Nationwide Permit 33. The NCDOT commits to implementing "Design Standards in Sensitive Watersheds" in addition to its Standard Best Management Practices. The NCDOT also commits to an in-stream construction moratorium from March to May due to the spring migration of anadromous fish. In summary, replacement of Bridge No. 58 will result in 0.05 acre of impacts to wetlands associated with mechanized clearing and 55 yd3 of temporary fill associated with the concrete deck and the two concrete caps. The NCDOT requests authorization of the work from the USACE under a Section 404 Nationwide Permit 23 and Section 404 Nationwide Permit 33. The N. C. Division of Water Quality (NCDWQ) is provided written notification of the proposed action by a copy of this Section 404 Nationwide Permit 23 permit application. Written concurrence from the NCDWQ is not required for authorization of the Section 404 Nationwide Permit 33 as long as NCDOT adheres to all conditions of this general certification. 3 If you have any questions or need any additional information concerning this project, please contact Mr. Phillip Todd of my staff at (919) 733-7844, extension 314. Sincerely, '?" C9 04-4?- ?m W. D. Gilmore, P. E., Manager Project Development and Environmental Analysis Branch WDG/pct cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. Tom McCartney, USFWS, Raleigh Mr. David Cox, NCWRC, Northside Mr. Tim Rountree, P. E., Structure Design Mr. Calvin Leggett, P. E., TIP and Programming Ms. Debbie Barbour, P. E., Highway Design Mr. A. L. Hankins, P. E., Hydraulics Unit Mr. John Alford, P. E., Roadway Design Mr. Randy Wise, P. E., Roadside Environmental Mr. D. J Bowers, P. E., Division 3 Engineer V# f TIP Project No. B-2625 State Project No. 8.2281001 Federal-Aid Project No. BRZ-1007(3) A. PrQ-ject Description: The purpose of this project is to replace Bridge No. 58 on SR 1007 over Black River in Sampson County. The new structure will be a bridge approximately 104 meters (340 feet) in length, at approximately the same elevation and location as the existing bridge. The travelway on the bridge will be two 3.3 meter (l l foot) lanes with 1 meter (3 foot) shoulders. Approach work will consist of resurfacing and widening the roadway to two 3.3 meter (1 l foot) lanes with 1.8 meter (6 foot) shoulders, and installing guardrail where appropriate. The project length will be approximately 164 meters (540 feet). Traffic will be detoured along SR 1119, NC 41, and SR 1118 during construction. B. Pose and Need: Bridge No. 58 has a sufficiency rating of 33.4 out of 100. The structure is a two lane bridge with 7.3 meters (24 feet) of bridge roadway width. Modern design standards specify a width of 8.5 meters (28 feet). The bridge is currently not posted. Rehabilitation of the existing bridge is neither practical nor economical. "Do nothing" is not a practical alternate because it would require the eventual closing of the-road as the existing bridge completely deteriorates. For these reasons, Bridge No. 58 needs to be replaced. C: Proposed Improvements: The improvements which apply to the project are circled: 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 t f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveways pipes h. - Performing minor bridge widening ( less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/ or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit O Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting ( no red lead paint), scour repair, fender systems, and minor structural improvements O Replacing a bridge (structure and/ or fill) 4. Transportation corridor fringe parking facilities. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 2 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is consistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements ) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is consistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3 (b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition will not limit the evaluation of alternatives, including shifts in alignment 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 procedures and measures will be implemented to avoid or minimize environmental impacts. All practical Best Management Practices (BMP's) for the protection of Surface Waters will be strictly enforced throughout the life of the project. High Quality Water (HQW) standards will be adhered to throughout the life of the project due to the presence of Outstanding Resource Waters (ORW) within the project area. Provisions to preclude contamination of ORW by toxic substances will also be strictly enforced. In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." North Carolina Division of Environmental Management (DEM) Section 401 Water Quality General Certification will be obtained prior to issue of the Army Corps of Engineers Nationwide Permit # 23. In stream activities will be avoided during the months of March, April, and May to avoid the spring migration period of anadromous fish. Estimated Costs: Construction $ 1,200,000 Right of Way $ 24,000 Total $ 1,224,000 Estimated Traffic: Current - 600 VPD Year 2018 - 1,400 VPD TTST - I % DUAL - 2% Proposed Typical Roadway Section: Travelway - two 3.3 meter (11 foot) lanes Shoulders - 1.0 meters (3 feet) wide on the bridge and 1.8 meters (6 feet) wide on the approaches Design Speed: Approximately 90 km/h (55 mph) Functional Classification: Rural Local Route Division Office Comments: The Division Engineer recommends replacing the bridge in place and detouring traffic along surrounding secondary roads. a E. Threshold Criteri If any Type II actions are involved in the project, the following evaluation must be completed. If. the project consists m]y of Type I improvements, the following checklist does not need to be Completed. 4 ECOLOGICAL. YES NO (1) Will the project have a substantial impact on any unique on any unique or important natural resource? X (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? X (3) Will the project affect anadromous fish? X (4) If the project involves wetlands, is the amopnt of permanent and/or temporary wetland taking less than x one-third (1/3) acre and have all practicable measures wetland to avoid and minimize takings been evaluated? (5) Will the project require use of U. S. Forest Service lands? X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters X (HQW)? (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? X 5 PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any N/A "Area of Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier Resources Act resources? X (12) Will a U. S. Coast Guard permit be required? X (13) Will the project result in the modification of any existing regulatory floodway? X (14) Will the project require any stream relocations or channel changes? X SOCIAL AND ECONOMIC YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? X (16) Will the project require the relocation of any family or business? X (17) If the project involves the acquisition of right of way, is the - amount of right of way acquisition considered minor? X (18) Will the project involve any changes in access control? X (19) Will the project substantially alter the usefulness and/ or land use of any adjacent property? X 6 (20) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? X (21) Is the project included in an approved thoroughfare plan and/ or Transportation Improvement Program (and is, X therefore, in conformance with the Clean Air Act of 1990)? (22) Is the project anticipated to cause an increase in traffic volumes? X (23) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? X (24) Is there substantial controversy on social, economic, or environmental grounds concerning the project? X (25) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the action? X 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 Section 4(f) of the U. S. Department of Transportation j X Act of 1966)? (28) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for X inclusion in the natural Wild and Scenic Rivers? 7 F. Additional Documentation Required for Unfavorable Responses in Part E In reference to question 3, because the Black River is anadromous fish spawning habitat, in stream activities will be avoided during the spring migration period of March, April, and May. In reference to question 7, because the Black River is classified as Outstanding Resource Water, High Quality Waters Soil and Erosion Control Measures will be adhered to throughout the life of the project. 8 G. CE Approval TIP Project No B-2625 State Project No. 8.2281001 Federal-Aid Project No. BRZ-1007(3) The purpose of this project is to replace Bridge No. 58 on SR 1007 over Black River in Sampson County. The new structure will be a bridge approximately 104 meters (340 feet) in length, at approximately the same elevation and location as the existing bridge. The travelway on, the bridge will be two 3.3 meter (11 foot) lanes with 1 meter (3 foot) shoulders. Approach work will consist of resurfacing and widening the roadway to two 3.3 meter (11 foot) lanes with 1.8 meter (6 foot) shoulders, and installing guardrail where appropriate. The project length will be approximately 164 meters (540 feet). Traffic will be detoured along SR 1119, NC 41, and SR 1118 during construction. (See the attached location map.) _ TYPE II (A) X TYPE II (B) 2- s -19 Date Assistant Manager Planning & Environmental Branch Date Projec Planning Unit Head 2-5"17 Date Pro' c 1 ng Eng' eer For Type II (B) projects only: -- Date D' sion Administrator F eral Highway Administration 9 woo ? p vwcon 1 Csnara p S ?.,!? ? X211 ? ® . I 7 ?inn Gram 4 IJ !Kaanar ® 3 jS A M P S10 tN 1 r 11 l 10 sal"buril r I AV lq T'Clin , _ Q ! / t I Elr t t arla ?wa0ero t ? % ' u. e ? a \ 7011 3 l0 Ir r u \1 ?`r V` In/d0 I Oal.ra ` y, ;1 ,Gar aM=??.?.. L? f( ?;1 ` \rn N `\ S i t t` a 19 f 1106 ? iam.n O .1 .' 255 j 1007 ' ` ? j' . % 117 c •' % .? 1107 ? j ? ? e • • / `?h 11 2 V 1? ' • 5 : t .3 1118 J 1Q-O 1107 • • ? ? .? • 11? ? N I).?p 11,63 N 41 BRIDGE NO. 58 11 41 ADZ llo 3.2 1119 . ? .2 1_ 1 A Ivanhoe 1119 i? ` o, Ila Ivanhoe 31 11,20 10,07 1162 •6 1105 s R 11 1C Kerr a 43 112 f r 20 1121 North Carolina Department Of 1121 Transportation rs' Phiming do Environmental Branch gq ? ° SAMPSON COUNTY REPLACE BRIDGE NO. 58 ON SR 1007 OVER BLACK RIVER B•2625 d Detour Route di St 0 Wlometers 1.6 kilometers 3.2 e u Figure 1 0 miles 1 miles 2 V ? V V North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary May 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 58 on S 1007 over Black River, Sampson County, B- Federal Aid Project BRZ-1007(3), ER 96-8726 Dear Mr. Graf: Division of Archives and History Jeffrey J. Crow, Director MAC 1 Q ?qq6 ;t 3 On May 8, 1996, Debbie Bevin of our staff met with North Carolina Department of Transportation (NCDOT) staff for a meeting of the minds concerning the above project. We reported our available information on historic architectural and archaeological surveys and resources along with our recommendations.. NCDOT provided project area photographs and aerial photographs at the meeting. 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 Strcet • Raleigh, North Carolina 27601-2807 13 -0 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:slwx cc: W H. F. Vick B. Church T. Padgett STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT J R, GOVERNOR P.O. BOX25201. RALEIGH. N.C. 27611-5201 03 February 1997 MEMORANDUM TO: FROM: Wayne Elliott, Unit Head Project Planning Unit GARLAND B. GARRETT JR. SECRETARY Mark Hartman, Environmental Biologist Environmental Unit SUBJECT: Natural Resources Investigation for proposed Replacement of Bridge No. 58 over Black River, SR 1007, Sampson County; TIP No. B-2625; State Project No. 8.2281001; Federal Aid No. BRZ-1007(3). ATTENTION: Jeff Ingham, Project Manager Project Planning Unit This document addresses four issues pertinent to the development of a Programmatic Categorical Exclusion (PCE) for the proposed project: water resources, biotic resources, wetlands, and federally protected species. The proposed project calls for the proposed replacement of Bridge No. 58 over Black River, SR 1007, Sampson County. There is only one alternate being considered for this project, That alternate consists of replacement, in place, with a new bridge, and an off-site detour. Project length is 168 m (550 ft), existing right- of-way (ROW) width is 18 m (60 ft) and proposed ROW is 24 m (80 ft). A field investigation was conducted on 21 June 1996 by NCDOT biologists Logan Williams and Dale Suiter to assess natural resources at the project site. Water resources were identified and described. Plant communities were surveyed, and wildlife populations were predicted using general qualitative habitat assessments. Water resource information was obtained from publications of the Department of Environment, Health, and Natural Resources (1993). Information concerning federally-protected species was obtained from the U.S. Fish and Wildlife Service (USFWS) list of protected species (23 August 1996) and N.C. Natural Heritage Program (NC-NHP) database of rare species and unique habitats.. Potential jurisdictional wetlands were identified and evaluated based on criteria established in ?fnl; the "Corps of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987). WATER RESOURCES One water resource, Black River, will be impacted by project construction. The Black River is in the Cape Fear River drainage. The project is located approximately 19 km (12 mi), upstream of the confluence with the South River. Within the project area the Black River is a typical coastal plain blackwater river. It is generally deep, wide and relatively slow flowing, and the water is stained with tannins, but is rarely turbid. In the project area, the Black River is approximately 15 m (50 ft) wide and 1.5-3 m (5-10 ft) deep. Because of its location and morphological characteristics, the Black River is considered by the NC Department of Environment Health and Natural Resources (DEHNR) to be anadromous fish spawning habitat. Streams have been assigned a best usage classification by the Division of Water Quality (DWQ)(formerly the Division of Environmental Management, or DEM). The Best Usage Classification for the Black River (DWQ index 18-68) is C with the supplemental classification of Sw, and ORW. 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 and includes waters which have low velocities and other natural characteristics which are different from adjacent streams. ORW (Outstanding Resource Waters) refers to waters which are unique and special waters of exceptional state or national recreational or ecological significance which require special protection to maintain existing uses. ORWs are present within the project area, necessitating the use of High Quality (HQW) Best Management Practices (BMPs). 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 invertebrate organisms at fixed monitoring sites. Macro invertebrates are sensitive to very subtle changes in water quality; thus, the species richness and overall biomass of these organisms are reflections of water quality. No BMAN sites occur within the project vicinity. Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. All dischargers are required to register for a permit. There are no NPDES permitted dischargers in the project vicinity. Potential impacts to water resources include increased sedimentation from accelerated soil erosion, decreased dissolved oxygen, and temperature instability. The latter two impacts are attributed to the removal of stream-side vegetation. Sedimentation and substrate disturbance occurring during bridge construction can significantly reduce water clarity. In order to minimize impacts to water resources in the project area, NCDOT's Best Management Practices (BMP) for the Protection of Surface Waters, .0024 NCAC Title 15A, Sedimentation Control Program, must be strictly enforced throughout the life of the project. High Quality Water (HQW) standards must be adhered to throughout the life of this project due to the presence of ORWs within the project area. Provisions to preclude contamination of ORWs by toxic substances should also be strictly enforced. BMP guidelines include: • reduction and elimination of direct and non-point discharges into the water bodies and minimization of activities conducted in streams. • installation of temporary silt fences, dikes, and earth berms to control runoff during construction. • placement of temporary ground cover or re-seeding of disturbed sites will reduce runoff and decrease sediment loads. elimination of construction staging areas in floodplains or adjacent to streams which would reduce the potential of accidental discharge of toxins into water bodies. Some degree of water quality degradation is probably inevitable from project construction due to the necessity of streambank and substrate disturbance. However, impacts can be minimized through adequate planning which emphasizes the reduction of disturbed surface area and by protecting exposed areas from the kinetic energy of falling and flowing waters. Use of BMPs will also help to ensure that impacts to water quality are temporary and localized rather than long-term and extensive. In addition, because the Black River is anadromous fish spawning habitat, instream activities should be avoided during the spring migration period. "Spring" in this case includes the months of March, April, and May. 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, along with brief descriptions of their respective "roles" within that community. 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. Terrestrial Communities There are two distinct terrestrial communities identified within the project area, maintained roadside and gum/cypress swamp. These two communities are separated by an extremely sharp gradient where the change from disturbed roadside to gum/cypress swamp is quite abrupt. Community composition is reflective of the physiography, topography and current and prior land uses of the area. All community types have had some degree of past, or continued human disturbance. As a result of disturbances, changes in vegetative dominance often occur within the community types. Numerous terrestrial species are highly adaptive and populate a variety of habitats, therefore many of the species mentioned may occur in any number of the different community types described. Other animals are tolerant of a narrow range of environmental conditions and may be limited to a particular habitat type. These species are the most vulnerable to habitat disturbance. Maintained Roadside Community The disturbed community consists of areas along roadways which have been heavily impacted and maintained by human development activities. Such areas extend out approximately 5 m (15 ft) on both sides of the existing roadway. Significant soil disturbance and compaction, along with frequent mowing or herbicide application, keep this community in an early successional state. Common species in the project area includes devil's walking stick (Aralia spinosa), crown grass (Paspa/um sp.), Johnson grass (Sorghum ha/epense), Virginia buttonweed (Diodia virginica), panic grass (Panicum sp. ), crab grass (Digitaria sp. ), bluet (Houstonia sp. ), grape (Vitis sp. ), blackberry (Rubus allegheniensis), rabbit tobacco (Gnapthalium obtusifolium), trumpet vine (Campsis radicans), Richardia (Richardia brasiliensis), Asiatic dayflower (Commelina communis), Japanese honeysuckle (Lonicera japonica), poison ivy (Toxicodendron radicans), greenbrier (Smilax rotundifolia), and bracken fern (Pteridium aquilinum). Wildlife found in this community type is limited and consists primarily of wide- ranging, adaptable species. Other animals may use this area as a corridor for travel between less disturbed habitats, or as a foraging area. Reptiles commonly found in disturbed habitats include the eastern garter snake (Thamnophis sirtalis) and black racer (Coluber constrictor). Birds potentially found in disturbed habitats include American robin (Turdus migratorius), Carolina chickadee (Parus carolinensis), mourning dove (Zenaida macroura), rufous-sided towhee (Pipilo erythrophtha/mus), European starling (Sturnus vulgaris), scarlet tanager (Piranga olivacea), yellow billed cuckoo (Coccyzus americanus), red-bellied woodpecker (Me/anerpes carolinus), bobwhite (Colinus virginianus), common crow (Corvus brachyrynchos), prairie warbler (Dendroica discolor), belted kingfisher (Megacery/e alcyon)*, and American kestrel (Falco sparverius). Mammalian species likely to frequent disturbed habitats include eastern cottontail (Sylvagus floridanus), white-footed mouse (Peromyscus leucopus), and hispid cotton rat (Sigmodon hispidus). Bottomland Hardwood Community The bottomland hardwood forest community contains plants such as bald cypress (Taxodium distichum), overcup oak (Quercus lyrata), black gum (Nyssa sylvatica), river birch (Betula nigra), red maple (Acerrubrum), American elm (Ulmus americana), sweetgum (Liquidambar styraciflua), ironwood (Carpinus caroliniana), water ash (Fraxinus caroliniana), laurel oak (Quercus laurifolia), American holly (Ilex opaca), possum haw (Ilex decidua), privet (Ligustrum sinense), rose mallow (Hibiscus moscheutos), lizard's tail (Saururus cernuus), greenbrier, partridgeberry (Mitchella repens), Virginia creeper (Parthenocissus quinquefolia), and sensitive fern (Onoc/ea sensibilis). Aquatic and amphibious species take advantage of the semi-permanent and shallow permanent waters associated with gum/cypress blackwater swamps. Many crayfish species (Decapoda) are able to occupy ditches and depressions that are seasonally de-watered by burrowing into moist soil near the temporary water source. These areas also support amphibian reproduction and are likely used by southern cricket frogs (Acris gryllus), and green tree frogs (Hyla cinerea). Some fish find suitable habitat in these areas, and may even find refugia in the form of pools in which to wait out low or no flow events. Piscine species such as the eastern mosquitofish (Gambusia holbrooki), and the eastern mudminnow (Umbra pygmaea) are able to survive the low oxygen conditions which accompany the warm, stagnant water which occur in these areas. Avian species can take advantage of cypress/gum swamps as both nesting and foraging habitat. Piscivores such as the belted kingfisher are likely to use habitats with access to deeper water. Other birds found in this community include prothonotary warbler (Protonotaria citrea)*, northern parula (Parula americana), golden- crowned kinglet (Regulus satrapa), and ruby-crowned kinglet (Regulus calendula). The cypress/gum swamp also provides habitat for many mammals such as marsh rabbit (Sylvagus palustris), southeastern shrew (Sorex longirostris), marsh rice rat (Oryzomys palustris), and muskrat (Ondatra zibethicus). Aquatic Communities The Black River is a coastal plain blackwater stream community which is characterized by a sandy, silty substrate and warm, clear, tannin stained water. Flow varies seasonally and with precipitation intensity. These streams are very low gradient and are generally slow flowing. Scattered woody debris occurs within the channel and along the shoreline. Dominant fauna found in these rivers or along the shoreline includes a variety of aquatic and semiaquatic species. No fish were observed during the site visit, but the river could provide habitat for resident species such as shiners (Notropis spp.), darters (Etheostoma spp.), redbreast sunfish (Lepomis auritus), bluegill (Lepomis macrochirus), pumpkinseed (Lepomis gibbosus), green sunfish (Lepomis cyanellus), yellow bullhead (Ameiurus nata/is), carp (Cyprinus carpio), and largemouth bass (Micropterus salmoides). Other piscine inhabitants include species less sensitive to low oxygen conditions such as longnose gar (Lepisosteus osseus), bowfin (Amia calva), redfin pickerel (Esox americanus), and chain pickerel (Esox niger). Amphibians and reptiles expected to occur in this community include dwarf mudpuppy (Necturus punctatus), lesser siren (Siren intermedia), greater siren (Siren lacertina), two-toed amphiuma (Amphiuma means), green frog (Rana clamitans), pickerel frog (Rana palustris), two-lined salamander (Eurycea bislineata), snapping turtle (Chelydra serpentaria), queen snake (Regina septemvittata), and northern water snake (Nerodia sipedon). Mammals known to use aquatic habitats include muskrat, beaver (Castor canadensis), and river otter (Lutra canadensis). Terrestrial Community Impacts Construction of the subject project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. This section quantifies and qualifies impacts to the natural resources in terms of area impacted and ecosystems affected. Temporary and permanent impacts are considered here as well. The plant communities found along the project alignment serve as shelter, nesting and foraging habitat for numerous species of wildlife. Loss of habitat initially displaces faunal organisms from the area, forcing them to concentrate into a smaller area, which causes over-utilization and degradation of the habitat. This ultimately lowers the carrying capacity of the remaining habitat and is manifested in some species as becoming more susceptible to disease, predation and starvation. Calculated impacts to terrestrial resources reflect the relative abundance of each community present in the study area. Project construction will result in clearing and degradation of portions of these communities. Estimated impacts are derived using the entire proposed ROW width of 24 m (80 ft), and a total project length of 168 m (550 ft). Often, project construction does not require the entire right of way; therefore, actual impacts may be considerably less. Approximately 0.17 ha (0.42 ac) of disturbed roadside and 0.27 ha (0.75 ac) of bottomland hardwood forest will be impacted by the subject project. The disturbed roadside community will be replaced by an equivalent community through re-vegetation at project completion. Aquatic Community Impacts The aquatic environment serves as a major food source for many terrestrial organisms such as raccoons, various species of snakes, birds, turtles and amphibians. It also serves as a means of predator avoidance for many animals. Benthic non-mobile organisms, such as filter and deposit feeders, and macro and micro alga, are particularly sensitive to construction activities such as dredging, filling, pile driving operations and slope stabilization. These construction activities physically disturb the substrate, resulting in loss of sessile benthic organisms. Many of these aquatic organisms are slow to recover, or repopulate an area, because they require a stabilized substrate for attachment. Substrate stability may take a long time to develop, therefore, changes in community composition will occur. Populations of photosynthetic species, the primary producers in the food chain, can be greatly effected by siltation. The increased amount of suspended particles in the water column reduces the photosynthetic ability, by absorbing available light. Clogging of feeding apparati of suspension feeders and burial of newly settled larvae of these organisms, are other effects of siltation. These species are often primary consumers in the food chain, and are a major step in the aquatic food web. Impacts to these organisms may directly effect organisms higher in the food chain, such as fish, amphibians, reptiles, birds and mammals. Mobile aquatic organisms may escape some of the effects of siltation, however gills of fish, crustaceans and larval amphibian and insect forms can become clogged and dysfunctional as a result of sedimentation. Spawning habitats for these mobile species may become filled with sediment, diminishing reproductive success and inevitably reducing populations. Habitat disturbance and sedimentation are extremely detrimental to aquatic ecosystems. Best Management Practices (BMP's) for protection of surface waters, and High Quality Water (HQW) standards must be strictly adhered to, to ensure the biological integrity of the water bodies impacted by this project. WETLANDS AND PERMITS 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. Wetlands, defined in 33 CFR 328.3, are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated conditions. Any action that proposes to place fill into these areas 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). Waters of the United States will be impacted by the subject project. Field surveys revealed that wetlands are present in the project area. Hydric soils and hydrophytic vegetation are present in the project area, and there was evidence of surface and subsurface saturated conditions. Indicators include obvious drainage patterns and water stained leaves. Hydric soils are indicated by a soil color of 10yr 4/1 from the surface down to 10 in. The Cowardin classifications for this wetland are PF01/2F and PF01/4A. The "P" indicates that this is a palustrine system. The FO class indicates that it is forested. The sub classes indicate that dominant vegetation is either broad-leaved deciduous and needle-leaved deciduous (1/2) or broad-leaved deciduous and needle-leaved evergreen (1/4). The water regime is either temporarily flooded (A), or semi-permanently flooded (F). Approximately 0.2 ha (0.4 ac) of bottomland hardwood wetland will be impacted by project construction. In addition, approximately 24 m (80 ft) of the Black River may be impacted by project construction, based on the project length and ROW. A North Carolina DWQ Section 401 Water Quality General Certification is also required. A DWQ Section 401 Water Quality General Certification is a prerequisite to issuance of a Section 404 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 into waters of the United States. 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. Rare and Protected Species Threatened or endangered species are species whose populations are in decline and which face probable extinction in the near future without strict conservation management. Federal law under the Endangered Species Act (ESA) of 1973, as amended, protects plant and animal species which have been classified as Endangered (E), Threatened (T), Proposed Endangered (PE), or Proposed Threatened (PT). Provisions of Section 7 and Section 9 of the ESA require that any action which is likely to adversely affect such federally classified species be subject to review by the U.S. Fish and Wildlife Service (FWS). Other potentially endangered species may receive additional protection under separate state laws. In North Carolina, protection of endangered species falls under the N.C. State Endangered Species Act and the N.C. Plant Protection and Conservation Act of 1979, administered and enforced by the N.C. Wildlife Resources Commission (WRC) and the N.C. Department of Agriculture, respectively. Federally-Protected Species As of 23 August, the FWS lists the following federally-protected species for Sampson County (Table 1). A brief description of the characteristics and habitat requirements of each species follows Table 1, along with a conclusion regarding potential project impacts. Table 1. Federally-Protected Species for Sampson County SCIENTIFIC NAME COMMON NAME STATUS Picoides borealis red-cockaded woodpecker E Lindera melissifolia pondberry E Alligator mississippiensis American alligator T(S/A) "E" Endangered species: a species that is in danger of extinction throughout all or a -significant portion of its range. "T" Threatened species: a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. Picoides borealis (red-cockaded woodpecker) ENDANGERED 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 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 nesting or foraging habitat, in the form of pine stands 30 years of age or older with sparse undergrowth, was present within the project. The only forested habitat potentially disturbed by this project is a gum/cypress blackwater swamp, and is not suitable habitat for red-cockaded woodpeckers. In addition, the NCNHP database of rare species and unique habitats was reviewed and revealed no records of red- cockaded woodpeckers occurring within 0.8 km (0.5 mi). Therefore the subject project will not affect this species. Lindera melissifolia (pondberry) ENDANGERED Family: Lauraceae Date Listed: 31 July 1986 Flowers Present: March - early April The pondberry is currently known from 19 populations in the southeastern United States. North Carolina is home to only one known population; this population occurs on private land in Bladen County. Pondberry is a deciduous, aromatic shrub that has a distinct sassafras-like odor. It grows approximately 2 meters tall and spreads through stolons. Leaves in the pondberry are six to sixteen centimeters long and two to six centimeters wide, arranged alternately, have rounded bases, and droop downward. It has small pale yellow flowers that appear in early spring before the leaves. The fruit which matures in August or September is a bright red drupe. This plant grows in lowland habitats with hydric soils. These sites are generally flooded at some time during the growing season. It is associated with the margins of sinks, ponds, and other like depressions. The soils present are sandy with a high peat content in the subsurface. Areas inhabited by this species show signs of past fire maintenance and now have shrubby conditions. The plants generally grow in shady areas but may also be found in areas that receive full sunlight. BIOLOGICAL CONCLUSION NO EFFECT A plant-by-plant survey was conducted of suitable habitat within the project area on 21 June 1996 by NCDOT biologists Dale Suiter and Logan Williams. No pondberry plants were observed during this survey. In addition, a search through the NCNHP database of rare species and unique habitats revealed no records of pondberry within the project area. The subject project will not affect this species. Alligator mississippiensis (American alligator) THREATENED (S/A) The alligator is not biologically endangered or threatened and is not subject to section 7 consultation. The similar species, the American crocodile, is not found in North Carolina 4.2.2 FEDERAL CANDIDATE AND STATE LISTED SPECIES Thirteen Federal Species of Concern (FSC) species are listed by the FWS for Sampson County as of 23 August 1996 (Table 2). Federal candidate species are not afforded federal protection under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or.listed as Threatened or Endangered. FSC species are defined as taxa for which there is some evidence of vulnerability, but for which there are not sufficient data to warrant a formal federal listing of Endangered, Threatened, Proposed Endangered or Proposed Threatened. However, the status of these species is subject to change, and so is included for consideration. In addition, organisms which are listed as Endangered (E), Threatened (T), or Special Concern (SC) by the North Carolina Natural Heritage Program list of Rare Plant and Animal Species are afforded limited state protection under the NC State Endangered Species Act and the NC Plant Protection and Conservation Act of 1979. Species listed under state laws may or may not be federally-protected. Species with state designations of Candidate (C), Significantly Rare (SR), and Watch List (W) are not protected under state laws; however, evidence suggests that populations of these species are also in decline. Table 2 lists federal candidate species, the state status of these species (if afforded state protection), and the potential for suitable habitat in the project area for each species. This species list is provided for information purposes as the protection status of these species may be upgraded in the future. Surveys for these species were not conducted during the site visit, nor were any of these species observed. A review of the NCNHP data base of rare species and unique habitats revealed no records of North Carolina rare and/or protected species in or near the project study area. Table 2. Federal Species of Concern, Sampson County SCIENTIFIC NAME COMMON NAME NC HABITAT STATUS Aimophila aestivalis Bachman's sparrow SC n Corynorhinus rafinesquii Rafinesque's big-eared bat SC n Heterodon simus southern hognose snake SR n Ophisaurus mimicus mimic glass lizard SC n Rana capito capito Carolina gopher frog SC y Dolania americans American sand burrowing mayfly SR y _ Dionaea muscipula Venus flytrap C-SC n Juglans cinerea butternut - n Kalmia cuneata white wicky E-SC n Litsea aestivalis pondspice C n Macbridea caroliniana Carolina bogmint C y Solidago verna spring-flowering goldenrod E/PT n Cylindrocolea andersonii a liverwort C y cc: V. Charles Bruton, Ph.D. Environmental Unit Head Hal Bain, Environmental Supervisor File B-2625 ? T _ SOIL / '11 'c m ? ? I Z I z?? G7 ?1 ? 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