20091120 Ver 1_More Info Received_20100125

January 15, 2010
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Public Works Department
Engineering Division
North Carolina Division of Water Quality
Transportation Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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RE: Response to request for additional information
Application for Section 404 Nationwide Permit 14 and Section 401 Water Quality
Certification for the Extension of Motor Road from Old Rural Hall Road (SR 2207) to
Old Walkertown Road (SR 2456)
Forsyth County, North Carolina. City Project No. 200303.
Dear Mrs. Sullins:
In response to your request for more information, please find the attached revised permit drawing
1 showing the pipe outlet shifted away from the culvert and a written analysis of the cumulative
impact of this project.
If you have any questions or need additional information, please call me at 747-6833.
Sincerely,
ENGINEERING DIVISION
c?ao¢d aCo+^P
Todd Love, P.E.
Project Engineer
CUMULATIVE IMPACTS ANALYSIS
The 401 Water Quality Certification Program requires that NCDWQ determine that a
project "does not result in cumulative impacts, based upon past or reasonably anticipated
future impacts, that cause or will cause a violation of downstream water quality
standards" (15A NCAC 2H). Based on the location of the proposed Motor Road
Extension project through lightly developed areas, it is likely that this project will trigger
development of land adjacent to the new road extension and therefore a cumulative
impact analysis is necessary. Future growth within the project study area could
potentially have negative environmental impacts, including but not limited to, increased
traffic, noise, air quality and run-off from impervious surfaces.
Downstream Water Quality
The principal surface water features in the project study area are Fivemile Branch, and
Unnamed Tributaries to Fivemile Branch. Fivemile Branch is a perennial stream that
flows south to north just outside the proposed project boundaries. An online search of
NCDWQ's Basinwide Information Management System (BIMS) lists the water quality
classification for Fivemile Branch and its tributaries as Class C waters. Class C water is
beast utilized by aquatic life, wildlife, and for secondary recreation such as fishing and
agriculture. No High Quality Waters (HQW), ORW (Outstanding Resource Waters),
Impaired Waters (303 (d) listed), SA (Commercial Shellfishing), or Trout Waters are
located in the project study area. Mill Creek, a water source used for water supply, is
located approximately 9000 feet (1.70 miles) downstream from the confluence of
Unnamed Tributaries and Fivemile Branch.
Aquatic Endangered Species
According to the U.S. Fish and Wildlife Service's online database, there are no federally
endangered aquatic species listed in Forsyth County, North Carolina. The Bog Turtle is
the only listed threatened species for Forsyth County and it has a historic record status.
Th'e database search listed the Brook Floater as a federal species of concern for Forsyth
County, North Carolina.
i
A Threatened and Endangered Species Technical Report was completed for this project
in January of 2004. The report concluded based on its records review and pedestrian
field survey that suitable habitat was not observed for the federally threatened and
endangered species and, therefore, the project should not have an effect on federally
threatened and endangered species.
Stormwater Management
The City of Winston-Salem has satisfied NPDES Phase II stormwater requirements and
adopted a Post Construction Stormwater Management Ordinance on September 19Th
2008. Since this project study area is located within the City limits, any additional
development or redevelopment adjacent to this road corridor will require compliance
.\ r
with the ordinance before a stormwater management permit can be issued. The ordinance
also requires a undisturbed 30 foot buffer for all intermittent and perennial streams.
Land Use Planning
The City-County Planning Board maintains growth management plans for development
within Forsyth County. The project study area is located within the Northeast Suburban
Planning area. The area plan is a community level plan for managed growth in this area.
These plans maintain guidelines and recommendations regarding land use, economic
development, historic preservation, and natural resoures in the area. Through these
planning efforts, the City is taking a proactive approach in managing development and
growth while minimizing potential impacts within the City and project study area.
The areas surrounding the Motor Road widening are zoned as single family residential
and highway business. The vacant parcels surrounding the Motor Road extension are
zoned single family residential and a small pocket of light industrial. Although there are
undeveloped parcels, the new road design does not promote the construction of driveway
connections to the proposed road because of the severe slopes in the topography and
other environmental constraints. Significant grading would be required for the
development of residential parcels adjacent to the proposed roadway.
Cumulative Impact Conclusion
Potential impacts to the Fivemile Branch watershed resulting from development activities
will be limited by erosion and sediment control rules, stormwater management rules,
flobdplain management rules and land use policies implemented by the City of Winston-
Salem. Since any additional proposed development would be subject to numerous City
regulations and policies, it is concluded that the Motor Road Extension and Widening
project would not significantly contribute to indirect and cumulative impacts.
Bal ed on the review of stream classifications and recently adopted stormwater
management rules, it is unlikely that the project or any future development will result in
impacts to Outstanding Resource Waters, Impaired waters, Trout waters or water supply
waters in Forsyth County.
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Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-79S
Three Winston-Salem Road Projects January 13, 2004
1.0 INTRODUCTION
1.1 Project Description
The city of Winston-Salem, North Carolina proposes to realign Bowen Boulevard to tie into the
intersection of New Walkertown Road and Overlook Drive (city project number 01012). Figure
1, located in the Appendix, shows the location of the Bowen Boulevard re-alignment. The city
also proposes to extend Carver School Road from Motor Road to the intersection of Old
Walkertown Road and Carver School Road (city project number 20030). Figure 2 presents the
proposed Carver School Road extension. West Clemmonsville Road extension, city project
number 95007, would begin at the intersection of Old Salisbury Road and West Clemmonsville
Road and continue east to connect at Peters Creek Parkway (NC 150). Figure 3 shows the
location of the proposed West Clemmonsville Road alternative.
1.2 Purpose of this Study
For this report, the proposed road projects were surveyed for threatened and endangered species.
The purpose of this technical report is to inventory, catalog, and describe the various threatened
and endangered species for the three projects. This report also describes the anticipated impacts
to these resources and recommends measures that will minimize impacts. The conclusions and
recommendations contained in this report are relevant only in the context of existing design
concepts. If design parameters and criteria change, additional field investigations may
need to be conducted.
1.3 Data Review
Information concerning the occurrence of federal and state protected species in the study area
was gathered from the following sources:
• US Fish and Wildlife Service (USFWS) list of Forsyth County Endangered
Species, Threatened Species, and Federal Species of Concern website (http://nc-
es.fws.gov/es/countyfr.html)
NC Natural Heritage Program (NCNHP) database of rare species and unique
habitats.
1.4 Field Surveys
Pedestrian field surveys were conducted on May 26 and 27, 2003 for the federally listed
1

CUMULATIVE IMPACTS ANALYSIS
TL 401 Water Quality Certification Program requires that NCDWQ determine that a
project "does not result in cumulative impacts, based upon past or reasonably anticipated
future impacts, that cause or will cause a violation of downstream water quality
standards" (15A NCAC 2H). Based on the location of the proposed Motor Road
Extension project through lightly developed areas, it is likely that this project will trigger
development of land adjacent to the new road extension and therefore a cumulative
impact analysis is necessary. Future growth within the project study area could
potentially have negative environmental impacts, including but not limited to, increased
traffic, noise, air quality and run-off from impervious surfaces.
Downstream Water Quality
The principal surface water features in the project study area are Fivemile Branch, and
Unnamed Tributaries to Fivemile Branch. Fivemile Branch is a perennial stream that
flows south to north just outside the proposed project boundaries. An online search of
NCDWQ's Basinwide Information Management System (BIMS) lists the water quality
classification for Fivemile Branch and its tributaries as Class C waters. Class C water is
best utilized by aquatic life, wildlife, and for secondary recreation such as fishing and
agriculture. No High Quality Waters (HQW), ORW (Outstanding Resource Waters),
Impaired Waters (303 (d) listed), SA (Commercial Shellfishing), or Trout Waters are
located in the project study area. Mill Creek, a water source used for water supply, is
located approximately 9000 feet (1.70 miles) downstream from the confluence of
Unnamed Tributaries and Fivemile Branch.
Aquatic Endangered Species
According to the U.S. Fish and Wildlife Service's online database, there are no federally
endangered aquatic species listed in Forsyth County, North Carolina. The Bog Turtle is
the only listed threatened species for Forsyth County and it has a historic record status.
The database search listed the Brook Floater as a federal species of concern for Forsyth
County, North Carolina.
i
A Threatened and Endangered Species Technical Report was completed for this project
in January of 2004. The report concluded based on its records review and pedestrian
field survey that suitable habitat was not observed for the federally threatened and
endangered species and, therefore, the project should not have an effect on federally
threatened and endangered species.
Stormwater Management
The City of Winston-Salem has satisfied NPDES Phase II stormwater requirements and
adopted a Post Construction Stormwater Management Ordinance on September 19'h,
2008. Since this project study area is located within the City limits, any additional
development or redevelopment adjacent to this road corridor will require compliance

with the ordinance before a stormwater management permit can be issued. The ordinance
also requires a undisturbed 30 foot buffer for all intermittent and perennial streams.
Land Use Planning
The City-County Planning Board maintains growth management plans for development
within Forsyth County. The project study area is located within the Northeast Suburban
Planning area. The area plan is a community level plan for managed growth in this area.
These plans maintain guidelines and recommendations regarding land use, economic
development, historic preservation, and natural resoures in the area. Through these
planning efforts, the City is taking a proactive approach in managing development and
growth while minimizing potential impacts within the City and project study area.
The areas surrounding the Motor Road widening are zoned as single family residential
and highway business. The vacant parcels surrounding the Motor Road extension are
zoned single family residential and a small pocket of light industrial. Although there are
undeveloped parcels, the new road design does not promote the construction of driveway
connections to the proposed road because of the severe slopes in the topography and
other environmental constraints. Significant grading would be required for the
development of residential parcels adjacent to the proposed roadway.
Cumulative Impact Conclusion
Potential impacts to the Fivemile Branch watershed resulting from development activities
will be limited by erosion and sediment control rules, stormwater management rules,
floodplain management rules and land use policies implemented by the City of Winston-
Salem. Since any additional proposed development would be subject to numerous City
regulations and policies, it is concluded that the Motor Road Extension and Widening
project would not significantly contribute to indirect and cumulative impacts.
Bas ed on the review of stream classifications and recently adopted stormwater
management rules, it is unlikely that the project or any future development will result in
impacts to Outstanding Resource Waters, Impaired waters, Trout waters or water supply
waters in Forsyth County.
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Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793
Three Winston-Salem Road Proiects January 13, 2004
threatened and endangered species. Special attention was given to mature pine stands,
streambanks, and wetlands as they are the primary habitats for the threatened and endangered
species listed for the project vicinity.
1.5 Investigator
Mr. Eric Galamb, who performed the fieldwork and reporting for this project, received a B.S. in
Environmental Management, and Biogeography from University of Toronto, and has been
working as a professional in the environmental sciences for fifteen years. He has specialized in
project management; regulatory agency coordination; wetland and stream permitting; wetland
and stream mitigation; wetland and stream mitigation monitoring; wetland determinations and
delineations utilizing U.S. Army Corps of Engineer (USACE) methodology; stream assessments
utilizing USACE and N.C. Division of Water Quality (DWQ) methodologies; linear corridor
studies; environmental constraints mapping; NEPA/SEPA environmental assessments; wildlife
surveys; and protected species surveys. He is a Professional Wetland Scientist.
1.6 Definitions
Definitions of area descriptions used in this report are as follows: Project Study Area denotes the
area bounded by proposed right-of-way limits; Project Vicinity describes an area extending 0.5
miles on all sides of the project study area; and Project Region is equivalent to an area
represented by a 7.5 minute USGS quadrangle maps with the project occupying the central
position.
2
Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793
Three Winston-Salem Road Projects January 13, 2004
Bog turtle (Clemmys muhlenbergii), Threatened due to Similarity of Appearance
The bog turtle is a small turtle growing only to approximately 4.5 inches in diameter. It can be
identified by the bright orange spots on either side of the head. It prefers wet meadows, bogs,
marshes, and other wetland environments where the ground is soft and light penetrates. Because
these habitats tend to be early successional stage areas that are encroached over time by woody
material, bog turtle habitat locations change over time. Bog turtles prefer a mosaic habitat
including both dry and wet microhabitat such as a wetland area within a meadow (Bog Turtles
Slipping Away website, http://sites.state.pa.us/PA_Exec/Fish-Boat/sepoct98/bogturtl.htm).
The species is threatened from collection for the pet trade, as well as from alteration of the
wetland habitat the species requires (USFWS website, http://nc-es.fws.gov/ es/es.html).
The southern population of bog turtle is not threatened, but the species is listed because of the
difficulty of differentiating between the northern and southern populations.
Red-Cockaded Woodpecker (Picoides borealis), Endangered
The red-cockaded woodpecker lives in open stands of southern pines with a minimum age of 80
to 120 years. They most commonly nest in longleaf pine (Pinus palustris), but will also use
other southern pine species. The birds lay eggs from April through June, with 38 days from egg
laying to fledging and several additional weeks before the young become independent. Red-
cockaded woodpeckers feed primarily on insects, supplemented by seasonal wild fruit (USFWS
website, http://ne-es.fws.gov/es/es.html).
The species' decline is attributed to the loss of pine forests with trees 80 years old or older. Fire
suppression has led to the intrusion of hardwood species, further reducing the specialized habitat
the species requires (USFWS Endangered Species Program Website, http://endangered.fws.gov).
Small-Anthered Bittercress, (Cardamine micranthera), Endangered
The small-anthered bittercress is a small plant 8-16 inches tall, with small white flowers that
bloom in April to May. The leaves are almost square and non-clasping. The plant lives in
seepages, wet rock crevices, streambanks, sandbars, and wet woods along small streams.
Historically it is known in the Dan River drainage in the northern Roanoke River Basin.
4
Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793
Three Winston-Salem Road Projects January 13, 2004
the legal protection with respect to road location decisions afforded to federal Endangered or
Threatened species.
There are nine state listed species in Forsyth County. These species are shown in Table 2.
Table 2
State Listed Species in Forsyth County
Common Name Scientific Name State Status
Vertebrates
Bo Turtle Clemm s muhlenber ii T
Red-cockaded Woodpecker Picoides borealis E
Loggerhead Shrike Lanius ludovicianus ludovicianus SC
Bi e e Jum rock Scartom on ariornmus T
Invertebrates
Brook Floater Alasmidonta varicosa E
Vascular Plants
Small-anthered Bittercress Cardamine micranthera E
Bo rose Arethusa bulbosa E
Yellow Fringeless Orchid Platanthera irate ra T
Small's Portulaca Portulaca sntallii T
State Protection Status
E: Endangered - A taxon in danger of extinction through all of a significant portion of its range.
T: Listed Threatened - A taxon likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range.
SC Special Concern - A taxon which requires monitoring, but which, if not threatened or endangered, may
be collected or sold from wild populations under the provision of the Plant Protection and Conservation Act
(GS 19B 106:202.12). If the species is threatened or endangered, propagated individuals may be traded or
sold under specific regulations.
Source: NCN11Pwebsile. Accessed January 6, 2004. hilp:llwww.ncsparks.netlnhplcounty.html.
6
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p Carver School Road
City of
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A10slIMS11FI)1 Figure
2000 Aerial Photograph (Forsyth County) 2
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water -Approximate Corridor '®
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Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793'
Three Winston-Salem Road Projects January 13, 2004
2.0 PROTECTED SPECIES
Species with the federal status Endangered (E), Threatened (T), Proposed Endangered (PE), and
Proposed Threatened (PT) are protected under provisions of the Endangered Species Act. Any
activity permitted, funded, or conducted by a federal agency that may affect a listed species or
designated critical habitat requires a consultation with the US Fish and Wildlife Service
(USFWS). The result of the consultation is a written biological opinion of whether the proposed
action is likely to result in jeopardy to a listed species or adverse modification of designated
critical habitat. Federal species of concern (FSC) is similar to a "watch" list and these species
are not afforded protection until they are formally listed as threatened or endangered
2,1 Federally Threatened and Endangered Species
There are three federally listed species in Forsyth County and one listed as a species of concern.
These are shown in Table 1. A description of the species follows. The results of the threatened
and endangered species surveys conducted are discussed in Section 3.
Table 1
Federal Listed Species in Forsvth Countv
Common Name Scientific Name Federal Status
Vertebrates
Bo Turtle Clemm s ntuhlenber ii T S/A
Red-cockaded Woodpecker Picoides borealis E
Invertebrates:
Brook Floater Alasmidonta varicoro FSC
Vascular Plants
Small-anthered Bittercress Cordamine micranthero E
Protection Status
E: Listed Endaneered - A taxon in danger of extinction through all of a significant portion of its range.
T: Listed Threatened - A [axon likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range.
T(S/A): Threatened due to Similarity of Appearance - A taxon not threatened or endangered itself, but
listed due to its similarity to a species that is listed.
FSC: Federal Snecies of Concern - A species that mayor may not be listed in the future (formerly C2
candidate species or species under consideration for listing for which there is insufficient information to
support listing).
Source: USFWS Website, Accessed January 6, 2004. hap://nc-es.fws.govles/es.lrtmi.
3
Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793
Three Winston-Salem Road Projects January 13, 2004
Threats to the small-anthered bittercress include agricultural and residential development,
impoundment, channelization, exotic weeds, and toxic chemical spills (USFWS website,
http://nc-es.fws.gov/es/es.html).
Brook Floater, (Alasmidonta varicosa), Federal Species of Concern
The brook floater has a fairly small, thin, rhomboidal shaped shell that rarely exceeds 70 mm in
length, 40 mm in height, and 30 mm in width. The conspicuous posterior slope is broad and flat
to slightly concave, with numerous short, low corrugations radiating toward the posterior margin
at right angles to the growth lines. The periostracum is yellowish or brownish with numerous
dark green or black rays. The nacre is glossy, bluish white and grades into a pale orange in the
umbo area. The hinge teeth are poorly developed. Each valve has one small thin, triangular
pseudocardinal tooth and lateral teeth are lacking or vestigial. This species has a bright orange
foot (http://www.newildlife.org/pg07_WildlifeSpeciesCon/pg7blal_8.htm).
This species inhabits medium size streams and rivers. It prefers clean, swift waters with stable
gravel, or sand and gravel substrates. However, individuals found near the mouth of the Linville
River in North Carolina were observed in sandy/silty substrate in cracks between boulders along
a steep bank, in 1 to 3 feet of water and relatively slow current.
The brook floater is found in Atlantic Slope river basins from the Savannah River Basin in South
Carolina north to the St Lawrence River Basin in Canada. It has also been found in the
Greenbrier River (Ohio River Basin) of West Virginia. It is considered more common in the
northern part of its range. Distribution by County: Catawba River Basin: Burke Co. (Linville
River, Warrior Fork, and Johns River subbasins); Pee Dee River Basin: Surry Co. (Mitchell
River Subbasin), Randolph Co. (Caraway Cr. and Little River subbasins), Montgomery Co.
(Little River and Barnes Cr. Subbasins); Cape Fear River Basin: Moore Co. (Deep River),
Chatham Co. (Rocky River Subbasin); Neuse River Basin: Orange Co. (Eno River Subbasin).
2.2 State Listed Species
Species with state designations Endangered, Threatened, or Special Concern are granted
protection by the State Endangered Species Act and the State of North Carolina Plant Protection
and Conservation Act of 1979. Legal protection under North Carolina state law regulates the
possession, propagation, or sale of protected species. North Carolina listed species do not have
5
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