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HomeMy WebLinkAbout20030715 Ver 1_Complete File_20030613s+?s? STATE OF NORTH CAROLINA DEPAR'IMENF OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR May 30, 2003 U.S. Army Corps of Engineers Regulatory Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 ATTN: Mr. John Thomas NCDOT Coordinator LYNDo TIPPETT SECRETARY Subject: Nationwide 23 and 33 application. Guilford County, Replacement of Bridge No. 172 Over North Buffalo Creek on SR 2770, Federal Aid Project No. BRZ- 2770(2), State Project No. 8.2495301, TIP Project No. B-3647. Please find enclosed three copies of the project planning report for the above referenced project. We plan to replace this bridge at the existing location, with traffic being maintained offsite. The recommended replacement structure is a new bridge structure 130 ft (40 m) long and 30 ft (9 m) wide. No wetlands will be impacted by this project. Bridge Demolition The existing bridge is composed of steel and concrete. There is potential for components of the deck and substructure to be dropped into waters of the United States. The resulting temporary fill associated with this bridge is 116 yd3 (89 m) . This project can be classified as Case 3, where there are no special restrictions beyond those outlined in Best Management Practices for Protection of Surface Waters and Best Management Practices for Bridge Demolition and Removal. Temporary Causeways There will be 0.051 ac temporary impacts from the construction of temporary rock causeways in North Buffalo Creek for the construction of Bridge No. 172. Temporary rock causeways will be required for construction of the interior bents in order to provide for construction access. The causeways will facilitate the construction of drilled shafts. The causeways will consist of plain Class II rip rap topped with a layer of Class B rip rap. The rip rap will be placed on top of filter fabric. Restoration Plan: No permanent fill will result from the subject activity. The materials used as temporary fill in the construction of the causeways will be removed. Schedule for Construction of Causeways: It is assumed that the Contractor will begin construction of the proposed causeways shortly after the date of availability for the project. The Production Let date is October 17, 2003 with a date of availability of November 20, 2003. Removal and Disposal: The causeways will be removed within 90 days of the completion of the deck slab for the structure. The temporary rock causeways will be removed by the Contractor using excavating equipment. All materials placed in the stream by the Contractor will be removed. The Class II rip rap that is removed may be used on end slopes where Class II rip rap is required at the discretion of the Engineer. All other materials removed by the Contractor will be disposed of at an off-site upland location. Federally-Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered, and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of January 29, 2003, the Fish and Wildlife Service (FWS) lists one federally protected species for Guilford County. The bald eagle (Haliaeetus leucocephalus) has a status of Threatened (proposed for delisting). Threatened species are likely to become endangered within the foreseeable future throughout all or a significant portion of its range. A Biological Conclusion of "No Effect" remains valid for this species. Regulatory Approvals Section 404 Permit: This project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit, but propose to proceed under Nationwide 23 and 33 as authorized by Nationwide Permits 23 and 33 (FR number 10, pages 2020-2095; January 15, 2002). Section 401 Permit: We anticipate 401 General Certification numbers 3361 and 3366 will apply to this project. In accordance with 15A NCAC 2H.0501 (a) we are providing two copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their records. If you have any questions or need additional information, please contact Matt Haney at (919) 715-1428. Sincerely, Gregory J. Thorpe, Ph.D., Environmental Management Director, Project Development and Environmental Analysis Branch w/attachment Mr. John Dorney, Division of Water Quality (2 copies) Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Mr. Greg Perfetti, P.E., Structure Design w/o attachment Mr. David Franklin, USACE, Wilmington Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TIP Ms. Debbie Barbour, P.E., Highway Design Mr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. J.M. Mills, P.E., Division 7 Engineer Mr. Jerry Parker, Division 7 Environmental Officer Ms. Robin Hancock, Planning Engineer i 2092 i I/ 37x0 2991 r L 1 2795 , Z3lDrlTLr 'C'.Trrz7 , L i x95• / 2820 i /? xeie i ? , .--? x5m 9z - 34. nss 21 ' `. '" McLeansville ?I ?,;•. l? i _ x555 N x595 / L VICINITY MAP -o-0T T- OFFSITE DETO UR IFOR B-3647 NCDOT DIVISION OF HIGHWAYS GUILFORD COUNTY VICINITY PROJECT: 8.2946301 (B-3617) MAPS BRIDGE NO. 172 ON 3R 2770 OVER NORTH BUFFALO CREEK SHEET OF 03 / 28 / 03 I NORTH CAROLINA 0 MCI h? ? F, ? °e? a w Of U N a H o?U a OO tll? a c r H O U z o LT. ?OD W?ls? a H H Q" ® z x 0 Q of F- w (n O Pn Q) N L a p U 0 T in O NO (Z; N N - w n - F- S`? C cr Q U) j ,-a Of _o Qx N CL u Y I w a. L) LLJO- wQ N N? O U- c O N F- w I Q N N ' UN W Q J N Lt') M? YQ U m ?U z O U- N M 11 O Q O p w >? -1 a w E N w' Li w +- O JI O ? wi J Q w (r vi l > CL 3 I z' I i z mE? O , ?. P N Z (? CC co cl Cf) a O E O U a U w 0 ?N 0 w LL z Oo6 I Q > E,? o o x WO ?t O w ? -- LL Q N - - - - - - - - - - Q a w D U) -D W U) C a ° Q n - U ii z C 7 U ? O v O - Z LL `- } Q N ? C ' O U L ? L f0 O N L) U ? H V a U) C N 70 °- C) > a m d co > o F- 7 g ? w c ? o w z a Q u' C: J w N f0 O w N C cC LL >O 7 ? a w j T Vr U ~ 2 a? ? ? m ? m O CO ? N } o ?5 LL E LL c o O O J ) Z c? N F O F - PROPERTY OWNERS NAMES AND ADDRESSES PARCEL NO. NAMES ADDRESSES 1 ROBERT COBB 2543 HUFFINE MILL RD McLEANSVILLE, NC 27301-9706 2 DORIS BRADY 2725 HUFFINE MILL DR GIBSONVILLE, NC 27249-8838 3 HELEN SUMMERS 6539 NC 61 NORTH GIBSONVILLE, NC 27249 4 FLOYD HAYES 332 SHADOWBROOK DR BURLINGTON, NC 27215-7723 5 GILMER FRYAR 2646 HUFFINE MILL RD McLEANSVILLE, NC 27301-9116 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit F-] Riparian or Watershed Buffer Rules Section 10 Permit F-1 Isolated Wctland Permit from DWQ ® 401 Water Quality Certification 2. Natiornwide, Regional or Gcncral Permit Number(s) Requested: NWI' 213 & 3 3 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: F] If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: Il. Applicant Information Owner/Applicant Information Name: North Carolina Department of Transportation Mailing Address:_ Project Development & Environmental Analysis Branch 1548 Mail Service Center Raleigh, NC 27699-1548 Telephone Number: 919-733-3141 Fax Number: 919-733-9794 E-mail Address: gthorpe(a dot.state.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until dccipllcrable maps are provided. 1. Name of project: Replacement of Bridge No. 172 on SR 2770 over North Buffalo Creek 2. T.I.P. Project Number or State Project Number (NCDOT Only): I3-3647 3. Property Identification Number (Tax PIN): 4. Location County: Guilford Nearest Town: McLeansville Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Bridge No. 172 over North Buffalo Creek on SR 2770. Approximately 1.5 miles north of McLeansville. Take SR 2819 north out of McLeansville. Turn left onto SR 2770. The project site will be your first bridge crossing. 5. Site coordinates, if available (UTM or Lat/Long): 36°07'30"/79°40'00" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 7. Nearest body of water (stream/river/sound/ocean/lake): North Buffalo Creek 8. River Basin: Cape Fear (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: rural Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: This project proposes to replace Bridge No. 172 on SR 2770 over North Buffalo Creek in Guilford Count}-. The bridge will be replaced with a ne«130-foot (61 m) lone brid?c at approximately the same location and roadway elevation as the existing bridge The roadway cross section of the new bridge will include two 12-foot (4 nn) lanes with 3-foot (1 nn) offsets Guardrail will be installed where warranted. Traffic will be maintained offsitc. 11. Explain the purpose of the proposed work: Replacement of existing bridge with two 12-foot lanes with 3-foot offsets. The new bridge will be 130 feet long. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.T.P. project, alone with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No VI. Proposed Impacts to Waters of the United States/Waters of the State Page 7 of 13 It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts arc proposed to thosc systems. `,1.'?t',an?' ;I:,, evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. [f additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: Approximatcly 0.051 ac of surface waters will be temporarily filllcd as a result of rocl: wort:pads. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1.1M cacu uuhaci acpa1aici)' auu weuuly temporary impacts. Impacts lllclu IC, out arc not Im11M.1 to: Incchanv.CLJ clcaril , :a,iul,. till, cxcavatitm. flooding. ditching/drainage, etc. For dams, separatcl? list impacts duc to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE, only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) Page 8 of 13 * List cacti impact separately and identify temporary impacts. Impacts include, but arc not limited to culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), ?1„1llVnlioll acltvIIICti lCCnl'nl vvall. rih fap. l'I'11i .v,Il? ';11„C? tr ?. 11tCl1InJ??'''I"'?l':"i l" ??' proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as U f (unnamed tributary) to the nearest downstream named stream into N0iich it flows. IISGS neaps are available through the USGS at 1-800-358-9616. or online at Sc%e1.a1 iuternet silt, also allo%\ direct donnload ;uul printing of USG" neap; www.mapquest.com. etc.). Cumulative impacts (linear distance in feet) to all streams on site: 4. LldiViduall}' list all oh_n Water impacts (including- lakes, bonds, cstuau-ics, suun,ls, Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on map) * Type of Impact Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) I Temporary fill 0.051 North I3uff110 Creck stream tSL each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed, po:-?c', should be described here and illustrated on any maps included with this al-plication. Pond to be created in (check all that apply): 0 uplands ? stream wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts Page 9 of 13 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Two alternates were evaluated for this project. Alternate 1 involves replacing the bridge in place with an offsite detour. Alternate 2 involves replacing the bridge in place with an on-site detour north of the existing bridge. No permanent stream or wetland impacts will occur as a result of this project. Only minimal temporary stream impacts will occur. VIII. Mitigation T-)NNIO - In accordance with 15A NC'nr ?Ti .0500. 11,itio11ion mat' he rcnuir?"1 il,c rrr Division of Water Quality for projects involving greater than or equal to one acre of' impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation Nvill he required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No proposed mitigation. Page 10 of 13 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding,, the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/indcx.htm. If use 01' the NCWRP is proposed. please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount oFRipariarn wetland miti«atioii rcquested (acres): O Amount of Non-riparian wetland mitigation requested (acres) Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ? 1f ves. h ?s the document review hecn Iinalized by the Statc ClcarinL_housc? ?f s(,. •,,ttach a copy of the NEPA or SEPA final approval letter. Yes ® No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Page 1 I of 13 Yes [:] No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * Gong Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total /.une i MCIRIs oui su ice[ pcrpenoicuiar from near Dank of channel; /.one 2 extends an additional 20 feet from the edge of Zone I . If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. Not reauired XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes E] No Is this an after-the-fact permit application? Yes ? No Page 12 of 13 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may imposc limits on work schedules (e.g., draw-down schedules for lakes, dates associated with FAidangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Sign ture Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM L , TIP Project No. B-3647 State Project No. 8.2495301 r l! i ?i Federal Project No. BRZ-2770 (2) A. Project Description: NCDOT will replace Bridge No. 172 on SR 2770 (Huffine Mill Road) over North Buffalo Creek in Guilford County. The bridge will be replaced at approximately the same location and roadway elevation. The new bridge will be approximately 130 feet (39.6 meters) in length and 30 feet (9.2 meters) in width. This width will provide for a 24-foot (7.2-meter) travelway and 3 foot (1-meter) offsets on each side of the bridge. The approach roadway will have a 24-foot (7.2-meter) travelway with 8-foot (2.4-meter) grassed shoulders. Shoulder width will be increased at least 3 feet (1 meter) where guardrail is warranted. Total project length is approximately 1000 feet (300 meters). Traffic will be detoured along surrounding roads during construction. B. Purpose and Need: Bridge No. 172 has a sufficiency rating of 43.1 out of 100. The clear deck width is only 20 feet (6 meters). For these reasons, Bridge No. 172 needs to be replaced. C. Proposed Improvements: The following Type II 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 (merges, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 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 re lacement th t i f , , p or e cons ruct on o grade separation to replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint) scour repair, fender systems, and minor structural improvements O Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 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 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 UNIT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in 2 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: Estimated Costs: Total Construction $ 850,000 Right of Way $ 29,000 Total $ 879,000 Estimated Traffic: Current - 1900 vpd Year 2025 - 3600 vpd TTST - 1% Dual - 3% Proposed Typical Cross Section: The new approach roadway will have a 24-foot (7.2-meter) travelway with 8-foot (2.4-meter) grassed shoulders. Shoulder width will be increased at least 3 feet (1 meter) where guardrail is warranted. Design Speed: 60 mph (100 kmh) Functional Classification: SR 2770 is classified as a Rural Minor Collector Route in the Statewide Functional Classification system. Division Office Comments: The Division 7 Construction Engineer supports the chosen alternate. Bridge Demolition: Bridge No. 172 is located on SR 2770 over North Buffalo Creek in Guilford County. The bridge is composed of steel and concrete. There is potential for components of the deck and substructure to be dropped into Waters of the United States. The resulting temporary fill associated with this bridge is 116 cubic yards (88.7 cubic meters). 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 ? important natural resource? X (2) Does the project involve 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 amount of permanent and/or temporary wetland taking less than one-tenth (1/10) of an acre and have all practicable measures to avoid and minimize wetland takings been evaluated? ? X (5) Will the project require the use of U. S. Forest Service lands? ? X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous material sites? X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? X (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 4 (14) Will the project require any stream relocations or channel ? changes? SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES (15) Will the project induce substantial impacts to planned ? growth or land use for the area? (16) Will the project require the relocation of any family or ? business? (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority ? or low-income population? (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? (19) Will the project involve any changes in access control? (20) Will the project substantially alter the usefulness and/or land use of adjacent property? (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? (22) Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)? (23) Is the project anticipated to cause an increase in traffic volumes? (24) Will traffic be maintained during construction using existing 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 replacement project be contained on the existing facility? (26) Is there substantial controversy on social, economic, or Environmental grounds concerning the project? (27) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the project? 0 0 0 v X NO X X 0 X X X X 0 5 (28) Will the project have an "effect" on structures/properties Eligible for or listed on the National Register of Historic ? Places? X (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 U. S. Department of Transportation Act of ? 1966)? X (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 1965, as amended? X (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 System of Wild and ? Scenic Rivers? X F. Additional Documentation Required for Unfavorable Responses in Part E (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached, as necessary.) 6 G. CE Approval TIP Project No. State Project No. Federal-Aid Project No. Project Description: NCDOT will replace Bridge No. 172 on SR 2770 (Huffine Mill Road) over North Buffalo Creek in Guilford County. The bridge will be replaced at approximately the same location and roadway elevation. The new bridge will be approximately 130 feet (39.6 meters) in length and 30 feet (9.2 meters) in width. This width will provide for a 24-foot (7.2-meter) travelway and 3 foot (1-meter) offsets on each side of the bridge. The approach roadway will have a 24-foot (7.2- meter) travelway with 8-foot (2.4-meter) grassed shoulders. Shoulder width will be increased at least 3 feet (1 meter) where guardrail is warranted. Total project length is approximately 1000 feet (300 meters). Traffic will be detoured along surrounding roads during construction. Categorical Exclusion Action Classification: X TYPE II(A) TYPE II(B) Approved: Date -"Z - v( Date 01-2z- o I Date B-3647 8.2495301 BRZ-2770 , -l/ Assistant Manager, Lubin Prevatt, PE Project Development & Environmental Analysis Branch 6 4 U);1 ' l/6d Project Planning Unit Head, Wayne Elliott Project Development & Environmental Analysis Branch R? C. Project Development Yngineer, Robin Young Project Development & Environmental Analysis Branch For Type II(B) projects only: Not Required Date Division Administrator. Nicholas Graf, PE Federal Highway Administration 7 1 I 0 Q 0 Bridge No. 172 o 2770 1 1 - f (110 1 1 i? I I a 2779 - 2779 2 r?2780 ;:,• o ' .I 2797 OF 19 ¦ MCLeansviIIe r-•- 1 I I •i i O ? 1 1 a Detour Route North Carolina Department of Transportation Division of Highways Project Development & Environmental Analysis Branch a Guilford County Replace Bridge No. 172 on SR 2770 Over North Buffalo Creek B-3647 SCALE: 1 in = 1 ml Figure 1 . STATE u pMM James B. Hunt Jr., Governor Betty Ray McCain, Secretary November 4, 1999 North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 `Div.ision of Archives and History ' Jeffrey J. Crow, Director f: r iy . Re: Replacement of Bridge No. 172 on SR 2770 over North Buffalo Creek, TIP No. B-3647, Guilford County, ER 00-7680 Dear Mr. Graf: On November 3, 1999, April Alperin 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 Street • Raleigh. North Carolina 27601-2807 Nicholas L. Graf ER 00-7680 November 5, 1999 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:ldb cc: W. D. Gilmore B. Church T. Padgett 6-3&47 ® North Carolina Wildlife Resources Commission® 312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Robin Young, Project Planning Engineer Project Development & Environmental Analysis Branch, NCDOT FROM: David Cox, Highway Project Coordinator Habitat Conservation Program Gti? DATE: December 6, 1999 SUBJECT: NCDOT Bridge Replacements in Caswell, Chatham, and Guilford counties. TIP Nos. B-3627, B-3629, B-3630, B-3631, B-3632, B-3633, B-3823, B-3462, B-3463, B-3646, B-3647, and B-3648. Biologists with the N. C. Wildlife Resources Commission (NCWRC) have reviewed the information provided and have the following preliminary comments on the subject project. Our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). On bridge replacement projects of this scope our standard recommendations are as follows: We generally prefer spanning structures. Spanning structures usually do not require work within the stream and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridge deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. 4. If possible, bridge supports (bents) should not be placed in the stream. Bridge Replacement Memo 2 December 6, 1999 5. If temporary access roads or detours are constructed, they should be removed back to original ground elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'x10'. If possible, when using temporary structures the area should be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact, allows the area to revegetate naturally and minimizes disturbed soil. 6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army Corps of Engineers nationwide and general `404' permits. We have the option of requesting additional measures to protect trout and trout habitat and we can recommend that the project require an individual `404' permit. 8. In streams that contain threatened or endangered species, NCDOT biologist Mr. Tim Savidge should be notified. Special measures to protect these sensitive species may be required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species Act as it relates to the project. 9. In streams that are used by anadromous fish, the NCDOT official policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997)" should be followed. 10. In areas with significant fisheries for sunfish, seasonal exclusions may also be recommended. If corrugated metal pipe arches or concrete box culverts are used: 1. The culvert must be designed to allow for fish passage. Generally, this means that the culvert or pipe invert is buried at least 1 foot below the natural stream bed. If multiple cells are required the second and/or third cells should be placed so that their bottoms are at stream bankful stage (similar to Lyonsfield design). This will allow sufficient water depth in the culvert or pipe during normal flows to accommodate fish movements. If culverts are long, baffle systems are required to trap gravel and provide resting areas for fish and other aquatic organisms. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated so that no channel realignment or widening is required. Widening of the stream channel at the inlet or outlet of structures usually causes a decrease in water velocity causing sediment deposition that will require future maintenance. 4. Riprap should not be placed on the stream bed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to Bridge Replacement Memo 3 December 6, 1999 avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. If the area that is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be used as wetland mitigation for the subject project or other projects in the watershed. Project specific comments: 1. B-3627 - Caswell County - Bridge No. 24 over (North) Hyco Creek. This bridge should be replaced with a bridge. There appears to be high quality wetlands on both sides of the bridge. If an on-site detour is necessary, we recommend the upstream side of the bridge. Standard recommendations apply. 2. B-3629 - Caswell County - Bridge No. 11 over Country Line Creek. We recommend replacing this bridge with a bridge. Standard recommendations apply. 3. B-3630 - Caswell County - Bridge No. 70 over Lynch Creek. We recommend replacing this bridge with a bridge. Standard recommendations apply. 4. B-3631 - Caswell County - Bridge No. 105 over a prong of County Line Creek. No specific comments. Standard recommendations apply. 5. B-3632 - Chatham County - Bridge No. 200 over Bear Creek. We would recommend replacing this bridge with a bridge. A significant fishery exists for sunfish and largemouth bass immediately downstream of this site. We recommend an in-water work moratorium from April 1 to June 15 to minimize impacts to spawning sunfish and largemouth bass. There are also records of the federally endangered Cape Fear shiner (Notropis mekistocholas) in the vicinity of this bridge. We recommend that NCDOT biologist, Tim Savidge, be notified and an on-site inspection be scheduled with NCWRC and USFWS biologists as soon as possible. 6. B-3633 - Chatham County - Bridge No. 247 over Little Brush Creek. We recommend replacing this bridge with a bridge. Standard recommendations apply. 7. B-3823 - Chatham County - Bridge No. 40 over Landrum Creek. We would recommend replacing this bridge with a bridge. A significant fishery exists for sunfish and largemouth bass of this site. We recommend an in-water work moratorium from April 1 to June 15 to minimize impacts to spawning sunfish and largemouth bass. There are also records of the federally endangered Cape Fear shiner (Notropis mekistocholas) in the vicinity of this bridge. We recommend that NCDOT biologist, Tim Savidge, be notified and an on-site inspection be scheduled with NCWRC and USFWS biologists as soon as possible. 8. B-3462 - Guilford County - Bridge No. 194 over Buffalo Creek. We recommend replacing this bridge with a bridge. Standard recommendations apply. 9. B-3463 - Guilford County - Bridge No. 171 over South Buffalo Creek. We recommend replacing this bridge with a bridge. Standard recommendations apply. 10. B-3646 - Guilford County - Bridge No. 185 over Haw Creek. Standard recommendations apply. Bridge Replacement Memo 4 December 6, 1999 11. B-3647 - Guilford County - Bridge No. 172 over North Buffalo Creek. We recommend replacing this bridge with a bridge. Standard recommendations apply. 12. B-3648 - Guilford County -Bridge No. 158 over North Buffalo Creek. We recommend replacing this bridge with a bridge. Standard recommendations apply. We request that NCDOT routinely minimize adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. The NCDOT should install and maintain sedimentation control measures throughout the life of the project and prevent wet concrete from contacting water in or entering into these streams. Replacement of bridges with spanning structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Spanning structures allow wildlife passage along streambanks, reducing habitat fragmentation and vehicle related mortality at highway crossings. If you need further assistance or information on NCWRC concerns regarding bridge replacements, please contact me at (919) 528-9886. Thank you for the opportunity to review and comment on these projects. PROJECT COMMITMENTS Guilford County Bridge No. 172 on SR 2770 Over North Buffalo Creek Federal Project BRZ-2770(2) State Project 8.2495301 TIP No. B-3647 Commitments Developed Through Project Development and Design Roadside Environmental Unit, Division 7 Construction, Structure Design Unit Bridge Demolition: Best Management Practices for Bridge Demolition & Removal will be implemented. The existing bridge is composed of steel and concrete. There is potential of components of the bridge to be dropped into Waters of the United States during construction. The resulting temporary fill associated with the bridge removal is approximately 116 cubic yards (88.7 cubic meters). Green Sheet Programmatic Categorical Exclusion Page 1 of 1 January 10, 2001 ar AA/E °? P STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY GOVERNOR SECRETARY May 11, 2000 MEMORANDUM TO: Robin Young Project Planning Engineer FROM: Sue Brady, Natural Systems Specialist '50' Natural Systems Unit SUBJECT: Natural Resources Technical Report for proposed replacement of Bridge No. 172 over North Buffalo Creek on SR 2770 in Guilford County, Federal Aid Project No. BRZ-2770(2), State Project No. 8.2495301, TIP No. B-3647. The attached Natural Resources Technical Report provides inventories and descriptions of natural resources within the project area, and estimates of impacts likely to occur to these resources as a result of project construction. Pertinent information on wetlands and federally protected species is also provided. Please contact me if you have any questions or need additional information. CC. David Schiller, Natural Systems Unit Head File: B-3647 Proposed Replacement of Bridge No. 172 over North Buffalo Creek on SR 2770 in Guilford County TIP No. B-3647 Federal Aid Project: BRZ-2770(2) State Project No. 8.2495301 Natural Resources Technical Report B-3647 North Carolina Department of Transportation Division of Transportation Project Development and Environmental Analysis Branch Natural Systems Unit May 11, 2000 TABLE OF CONTENTS 1.0 INTRODUCTION ..............................................................................1 1.1 Project Description .................................................................. ..1 1.2 Purpose ................................................................................ ..1 1.3 Methodology .......................................................................... ..1 1.4 Qualifications of Investigator ...................................................... ..2 1.5 Definitions ........................................................................... ..2 2.0 PHYSICAL RESOURCES ....................................................................2 2.1 Soils .................................................................................. ..2 2.2 Water Resources .................................................................... ..3 2.2.1 Waters Impacted and Characteristics ................................ ..3 2.2.2 Best Usage Classification ...............................................3 2.2.3 Water Quality ........................................................... ..4 2.2.4 Summary of Anticipated Impacts ......................................5 3.0 BIOTIC RESOURCES ........................................................................6 3.1 Biotic Communities ................................................................ ..6 3. 1.1 Piedmont/Low Mountain Alluvial Forest ............................ ..6 3.1.2 Maintained/Disturbed ................................................... ..7 3.1.3 Piedmont Perennial Stream ........................................... ..7 3.2 Wildlife ............................................................................... ..7 3.2.1 Terrestrial Fauna ....................................................... ..7 3.2.2 Aquatic Fauna .......................................................... ..8 3.3 Summary of Anticipated Impacts ................................................. ..8 4.0 JURISDICTIONAL TOPICS ................................................................9 4.1 Waters of the United States .........................................................9 4.1.1 Characteristics of Wetlands and Surface Waters ................... 10 4.1.2 Summary of Anticipated Impacts .................................... 10 4.1.3 Permits ................................................................... 10 4.1.4 Mitigation ............................................................... 11 4.1.4.1 Avoidance ...................................................... 11 4.1.4.2 Minimization ................................................... 1 1 4.1.4.3 Compensatory Mitigation .................................... 11 4.2 Rare and Protected Species ......................................................... 12 4.2.1 Federally-Protected Species ........................................... 12 4.2.2 Federal Species of Concern ............................................. 13 5.0 REFERENCES ................................................................................ 14 List of Figures Figure 1. Project Location in Guilford County Figure 2. Aerial Photograph of Project Location List of Tables Table 1. Soils found in the project study area. Table 2. Anticipated impacts to biotic communities. 1.0 INTRODUCTION The following Natural Resources Technical Report is submitted to assist in preparation of a Categorical Exclusion (CE) for the proposed project. The project is located in Guilford County (Figure 1). 1.1 Project Description The proposed project calls for replacement and improvement of Bridge No. 172 over North Buffalo Creek on Huffine Mill Road (SR 2770) (Figure 2). The existing cross section is a two-lane bridge, composed of steel and concrete, with a 23.2 ft (7.1 m) deck and a 20.0 ft (6.1 m) approach roadway. The proposed cross section is a two-lane bridge with a 24.0 ft (7.3 m) travelway and 3.0 ft (0.9 m) offsets on each side. The bridge will be replaced on approximately the same location and elevation as the existing bridge. The existing right-of-way is approximately 60 ft (18.3 m), and the proposed right-of-way is 100.0 ft (30.5 m). There are two project alternates: Alternate One routes traffic along an off-site detour during construction, and Alternate Two uses an on-site detour north of the existing bridge. The proposed corridor for the on-site detour is approximately 60.0 ft (18.3 m). Project length is approximately 750.0 ft (228.6 m). 1.2 Purpose The purpose of this technical report is to inventory, catalog and describe the various natural resources likely to be impacted by the proposed action. This report also attempts to identify and estimate the probable consequences of the anticipated impacts to these resources. Recommendations are made for measures that will minimize resource impacts. These descriptions and estimates are relevant only in the context of existing preliminary design concepts. If design parameters and criteria change, additional field investigations will need to be conducted. 1.3 Methodology Research was conducted prior to field investigations. Information sources used in this pre-field investigation of the study area include: U.S. Geological Survey (USGS) quadrangle maps (Browns Summit), Department of Agri culture/Soil Conservation Service soil survey (Guilford County), and NCDOT aerial photographs of project area (1:1200). Water resource information was obtained from publications of the Department of Environment and Natural Resources (DENR-DWQ, 1996), and from the Geographical Information Systems data (NC Center for Geographic Information and Analysis, January 2000). Information concerning the occurrence of federal and state protected species in the study area was gathered from the Fish and Wildlife Service (FWS) list of protected species and species of concern (December 20, 1999), and the N.C. Natural Heritage Program (NHP) database of rare species and unique habitats (checked April 4, 2000). General field surveys were conducted along the proposed alignment by NCDOT biologists Susan Brady and Chris Rivenbark on April 12, 2000. Plant communities and their associated wildlife were identified and recorded. Wildlife identification involved using one or more of the following observation techniques: active searching and capture, visual observations, and identifying characteristic signs of wildlife (sounds, scat, tracks and burrows). Jurisdictional wetland determinations were performed utilizing delineation criteria prescribed in the "Corps of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987). 1.4 Qualifications of Principle Investigator Investigator: Susan G. Brady, Natural Systems Biologist, NCDOT. Education: B.S. Environmental Studies, University of Maine at Machias. M.S. Marine Biology, University of North Carolina at Wilmington. Experience: Research Technician, UNC-Wilmington, Jan. 1995- Dec. 1995 Contract Biologist, NC Wildlife Resources Commission/ Nongame and Endangered Species Division, May 1998-Sept. 1998. NC Department of Transportation/ Project Planning and Environmental Analysis Branch, Oct. 1998-present. 1.5 Definitions Definitions for areal descriptions used in this report are as follows: Project Study Area denotes the area bounded by proposed construction 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 map with the project occupying the central position. 2.0 PHYSICAL RESOURCES Soil and water resources occurring in the study area are discussed below. Soils and availability of water directly influence composition and distribution of flora and fauna in any biotic community. The project study area lies within the Piedmont physiographic province. The topography in this section of Guilford County is characterized as rolling with moderately steep slopes along the drainageways. The project area is rolling, in the drainageway around North Buffalo Creek. Project elevation is approximately 660 ft (201 m) above mean sea level. 2.1 Soils There are four soil types found within the project boundaries: Cecil sandy loam (6-10% slopes), Congaree loam, Enon fine sandy loam (6-10% slopes), and Cecil sandy clay loam (6-10% slopes, eroded). These soils are all listed as non-hydric. The physical characteristics of these soils are shown in Table 1. 2 " - \ ;Q a i i• i' 2779 -;? 17 3 •3 2779 , \. - 2 Q 2780 r' Bridge No. 172 % •° .. .._ -i 2797 2770 -1 - ?.. - 2819 gJfO10 F i i ville r '- i \ i? i ? a \ I ?i \ I 9 is r 1 ? I? A. North Carolina Department of Transportation Division of Highways Project Development & Environmental Analysis Branch or rn? Guilford County Replace Bridge No. 172 on SR 2770 Over North Buffalo Creek I3-3647 SCALE: 1 in = I tni Figure 1 J? cv O J N F 110RT{j C4,, North Carolina S OY y` Department of'1'ranspor•tation Division of 1lighwavs Project Development & ?F -Orm Environmental Analysis Branch Guilford County Replace Bridge No. 172 on SR 2770 Over North Buffalo Creek 13-3647 Scale 1:1200 Figure Two t ? T I A. v, 1.,1 r .rA? t41 i 11. 1?6? ? 4 Table 1. Soils found in the project stud area. Soil Phase Location Drainage Permeability High Water Table Cecil sandy loam, Long narrow side slopes on good moderate >6 ft (>1.8 m) 6-10% slopes uplands Congaree loam Long, narrow, nearly level good moderate 2.5-4.0 ft (0.8-1.2 m), areas of flood lain frequently floods Enon fine sandy Long narrow side slopes on good slow 1-2 ft (0.3-0.6 m) loam 6-10% slopes uplands Cecil sandy clay Narrow side slopes good moderate >6 ft (>1.8 m) loam, 6-10% slopes, eroded Soil core samples taken within the project area revealed soils with a sandy loam texture. The soils did not exhibit reduced conditions, such as low chroma colors or oxidized rhizospheres. Therefore, hydric soil indicators, as defined in the "Corps of Engineers Wetland Delineation Manual", 1987, were not observed within the project study area. 2.2 Water Resources This section contains information concerning those water resources likely to be impacted by the project. Water resource information encompasses physical aspects of the resource, its relationship to major water systems, Best Usage Standards and water quality of the resources. Probable impacts to these water bodies are also discussed, as are means to minimize impacts. 2.2.1 Waters Impacted and Characteristics North Buffalo Creek (DWQ index no. 16-11-14-1) will be the only surface water directly affected by the proposed project. This creek lies within subbasin 030602 of the Cape Fear River Basin. North Buffalo Creek joins South Buffalo Creek immediately downstream of the subject project, to form Buffalo Creek. Buffalo Creek is a tributary to Reedy Fork, which joins the Haw River in Alamance County. At the time of the site visit, North Buffalo Creek had a width of 25 ft (7.6 m), a depth of 1-2 ft (0.3-0.6 m), and a substrate composed of silt, sand, cobble and boulders. 2.2.2 Best Usage Classification The Division of Water Quality (DWQ) has assigned streams a best usage classification. The classification of North Buffalo Creek (DWQ index no. 16-11-14-1) is C NSW. The C classification denotes waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. The supplemental classification of NSW denotes Nutrient Sensitive Waters, which are waters that require limitations on nutrient inputs. No High Quality Waters (HQW), Water Supplies (WS-I: undeveloped watersheds or WS-II: predominately undeveloped watersheds) or Outstanding Resource Waters (ORW) occur within 1.0 mile of project study area. 2.2.3 Water Quality The DWQ has initiated a basinwide approach to water quality management for the 17 river basins within the state. This approach allows for more intensive sampling of biological, chemical and physical data that can be used in basinwide assessment and planning. Likewise, benthic macroinvertebrates are intensively sampled for specific river basins. Benthic macroinvertebrates have proven to be a good indicator of water quality because they are sensitive to subtle changes in water quality, have a relatively long life cycle, are non-mobile (compared to fish) and are extremely diverse. The overall species richness and presence of indicator organisms help to assess the health of streams and rivers. River basins are reassessed every five years to detect changes in water quality and to facilitate National Pollutant Discharge Elimination System (NPDES) permit review. A benthic macroinvertebrate monitoring site on North Buffalo Creek at SR 2832 [approximately 4.25 mi (6.8 km) upstream of the proposed project] was sampled four times since 1985. This site received a rating of Poor all four times, although there was a slight improvement between 1988 and 1993. There was no change between 1993 and 1998. Fish community structure sampling was done in North Buffalo Creek at SR 2770 in 1993 and 1998. This site had low numbers of individuals and low species diversity; the pollution-tolerant redbreast and green sunfish were the predominant species found. This site received a rating of Poor for fish community structure. The Ambient Monitoring System (AMS) is a network of stream, lake and estuarine water quality monitoring stations strategically located for the collection of physical and chemical water quality data. The waterbody's freshwater or saltwater classification and corresponding water quality standards determine the types of water quality data that are collected. An ambient monitoring station on North Buffalo Creek at SR 2832 shows chronically bad water quality in North Buffalo Creek. Parameters with observations greater than the NC State Criteria include fecal coliform, turbidity, copper, iron, lead, and zinc. North Buffalo Creek is listed as non-supporting of its designated uses. 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. One NPDES discharger is located within 1.0 mi (1.6 km) of the project area. This discharger, the Quarterstone Farm Association Wastewater Treatment Plant (NPDES permit #0066966), is located approximately 1.0 mi (1.6 km) downstream of the project, and has a maximum allowed discharge of 0.2 million gallons/day into Buffalo Creek. There are also several dischargers into North Buffalo Creek upstream of the project location, including a City of Greensboro wastewater 4 treatment plant (NPDES permit #NC0024325, maximum discharge 16 million gallons/day). Non-point source pollution 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 non-point source pollution, including land development, construction, crop production, animal feeding lots, failing septic systems, landfills, roads, and parking lots. Sediments and nutrients are major pollution-causing substances associated with non-point source pollution. Others include fecal coliform bacteria, heavy metals, oil and grease, and any other substance that may be washed off the ground and carried into surface waters. The only non-point sources that could be identified during the site visit were road runoff and agricultural practices. 2.2.4 Summary of Anticipated Impacts Utilizing the entire proposed ROW width, the anticipated impact to North Buffalo Creek for Alternate One (off-site detour) will be 80 linear ft (24.4 linear m). The estimated impact for Alternate Two (temporary on-site detour) will be 140 linear ft (42.7 linear m). Usually, project construction does not require the entire right of way; therefore, actual impacts may be considerably less. Project construction may result in the following impacts to surface waters: Increased sedimentation and siltation from construction and/or erosion. 2. Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. 3. Alteration of water levels and flows due to interruptions and/additions to surface and ground water flow from construction. 4. Changes in water temperature due to streamside vegetation removal. Increased nutrient loading during construction via runoff from exposed areas. 6. Increased concentration of toxic compounds from highway runoff, construction, toxic spills and higher traffic volume. NCDOT's Best Management Practices for the Protection of Surface Waters and Sedimentation Control Guidelines in should be strictly enforced during the construction stage of the project. There is potential for components of the bridge to be dropped into Waters of the U.S. during construction. The resulting temporary fill associated with the bridge removal is approximately 116 yd3 (88.7 m3). NCDOT's Best Management Practices for Bridge Demolition and Removal (BMP-BDR) will be applied for the removal of this bridge. 3.0 BIOTIC RESOURCES Biotic resources include aquatic and terrestrial ecosystems. This section describes those ecosystems encountered in the study area, as well as the relationships between fauna and flora within these ecosystems. Composition and distribution of biotic communities throughout the project area are reflective of topography, hydrologic influences and past and present land uses in the study area. Descriptions of the terrestrial systems are presented in the context of plant community classifications and follow descriptions presented by Schafale and Weakley (1990) where possible. Dominant flora and fauna observed, or likely to occur, in each community are described and discussed. Scientific nomenclature and common names (when applicable) are provided for each animal and plant species described. Plant taxonomy generally follows Radford, et al. (1968). Animal taxonomy follows Martof, et al. (1980), Menhinick (1991), Potter, et al. (1980), and Webster, et al. (1985). Subsequent references to the same organism will include the common name only. 3.1 Biotic Communities Three communities are identified in the project study area: Piedmont/Low Mountain Alluvial Forest, Maintained/Disturbed, and Piedmont Perennial Stream. Community boundaries within the study area are fairly well defined without a significant transition zone between them, and terrestrial faunal species likely to occur within the study area may exploit all communities for shelter and foraging opportunities or as movement corridors. 3.1.1 Piedmont/Low Mountain Alluvial Forest A Piedmont/Low Mountain Alluvial Forest community dominates the landscape in the project study area. Canopy vegetation observed includes river birch (Betula nigra), sycamore (Platanus occidentalis), winged elm (Ulmus alata), ironwood (Carpinus caroliniana), sweetgum (Liquidambar styraciflua), and red maple (Acer rubrum). Understory vegetation includes flowering dogwood (Corpus florida), box elder (Acer negundo), pawpaw (Asiminia triloba), and saplings of the canopy species. The vine layer is comprised of crossvine (Bignonia capreolata), poison ivy (Toxicodendron radicans), Japanese honeysuckle (Lonicera japonica), and greenbrier (Smilax rotundifolia). The herb layer includes river oats (Chasmanthium latifolium), Virginia spring-beauty (Claytonia virginica), dogtooth violet (Erythronium americanum), Solomon's seal (Polygonatum biflorum), violet (Viola spp.), cleavers (Galium aparine), bellwort (Uvularia sessifolia), purple deadnettle (Lamium purpureum), and jewelweed (Impatiens capensis). 3.1.2 Maintained/Disturbed A maintained/disturbed community is present along the edge of the road and around the bridges. The regularly maintained community at the edge of the road includes 6 fescue (Festuca spp.), common plantain (Plantago major), vetch (Vicia spp.), curly dock (Rumex crispus), dandelion (Taraxacum officinale), red clover (Trifolium pratense), geranium (Geranium sp.), purple deadnettle, lyre-leaved sage (Salvia lyrata), and wild onion (Allium sp.). Less frequently maintained areas farther from the road support species such as goldenrod (Solidago spp.), cleavers, daylilies (Hemerocallis fulva), columbine (Aquilegia canadensis), buttercup (Ranunculus spp.), pokeweed (Phytolacca americana), morning-glory (Ipomoea purpurea), honeysuckle, and blackberries (Rubus spp.). 3.1.3 Piedmont Perennial Stream One aquatic community, a Piedmont Perennial Stream, is found within project boundaries. At this location, North Buffalo Creek shows evidence of increased sedimentation. The substrate is composed silt, sand, gravel, cobble, and boulders. The water is fairly fast flowing but somewhat turbid. Green algae was present on the stones in the water, but no other submerged aquatic vegetation was visible. 3.2 Wildlife The physical characteristics of the terrestrial and aquatic communities in an area will affect the fauna that are present and use the area. This section addresses the fauna likely to be found in the project study area. An asterisk (*) denotes fauna observed during the site visit. Published range distributions and habitat analysis are used in estimating fauna expected to be present within the project area. 3.2.1 Terrestrial Fauna Terrestrial fauna likely to occur in the forest community includes mammals such as Virginia opossum (Didelphis virginiana), gray squirrel* (Sciurus carolinensis), golden mouse (Ochrotomys nuttali), raccoon* (Procyon lotor), and white-tailed deer* (Odocoileus virginianus). Amphibians and reptiles such as slimy salamander (Plethodon glutinosus), spring peeper (Hyla crucifer), upland chorus frog (Pseudacris triseriata), eastern box turtle (Terrapene carolina), and rat snake (Elaphe obsoleta) may utilize the forest as well. Insects, including butterflies such as the eastern tiger swallowtail (Papilio glaucas), pearl crescent (Phyciodes tharos), and falcate orangetip (Anthocharis midea), as well as mosquitos* (Family Culicidae) and various other flies are found in the forest and weedy roadside community. Avian fauna likely to occur in this area includes white-throated sparrow (Zonotrichia albicollis), song sparrow (Melospiza melodia), blue-gray gnatcatcher (Polioptila caerulea), yellow-rumped warbler (Dendroica coronata), rufous-sided towhee (Pipilo eiythrophthalmus), Carolina chickadee* (Parris carolinensis), white-eyed vireo (Vireo griseus), ovenbird (Seiurus aurocapillus), northern parula (Parula americana), hooded warbler (Wilsonia citrina), northern cardinal* (Cardinalis cardinalis), tufted titmouse* (Pants bicolor), Carolina wren (Thrvothorus ludovicianus), eastern phoebe* (Savornis phoebe), and American crow (Corvus brachvrhvnchos). 3.2.2 Aquatic Fauna Aquatic fauna likely to occur in the project area includes various species of insects and their larvae, such as craneflies (Family Tipulidae), dragonflies/damselflies (Order Odonata), water striders* (Gerris sp.), and caddisflies* (Order Tricoptera). Crustaceans such as isopods* (Order Isopoda), amphipods (Order Amphipoda), and crayfish (Order Decapoda) may also be found here. Fish that may be present include tolerant species such as margined madtom (Noturis insignis), redbreast sunfish (Lepomis auritus), green sunfish (Lepomis cyanellus) and creek chub (Semotilus atromaculatus). Other aquatic fauna that may be present include Asian clam* (Corbicula fluminea), green frog (Rana clamitans), snapping turtle (Chelydra serpentina), and northern water snake (Nerodia sipedon). 3.3 Summary of Anticipated Impacts Construction of the proposed widening 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. Calculated impacts to terrestrial resources reflect the relative abundance of each community present within the study area. Project construction will result in clearing and degradation of portions of these communities. Table 2 summarizes potential quantitative losses to these biotic communities, resulting from project construction. Estimated impacts are derived using the entire proposed right of way width. Usually, project construction does not require the entire right of way, therefore, actual impacts may be considerably less. Table 2. Anticipated impacts to biotic communities. Community type Alternate One Alternate Two Piedmont/Low Mountain Alluvial Forest 0.17 (0.07) 0.20 (0.08) Maintained/Disturbed 0.31 (0.12) 0.66 (0.27) Total 0.48 (0.19) 0.86 (0.35) Note: Impacts measured in acres (hectares) Plant communities found within the proposed project area serve as nesting and sheltering habitat for various species of wildlife. Replacing Bridge No. 172 and its associated improvements will reduce habitat for faunal species, thereby diminishing faunal numbers. However, due to the size and scope of this project, it is anticipated that impacts to fauna will be minimal. Areas modified by construction (but not paved) will become road shoulders and early successional habitat. Reduced habitat will displace some wildlife further from the roadway while attracting other wildlife by the creation of more early successional habitat. 8 Animals temporarily displaced by construction activities will repopulate areas suitable for the species. Aquatic communities are sensitive to even small changes in their environment. Stream channelization, scouring, siltation, sedimentation and erosion from construction- related work will affect water quality and biological constituents. Although direct impacts may be temporary, environmental impacts from these construction processes may result in long term or irreversible effects. Impacts often associated with in-stream construction include increased channelization and scouring of the streamsed. In-stream construction alters the stream substrate and may remove streamside vegetation at the site. Disturbances to the substrate will produce siltation, which clogs the gills and/or feeding mechanisms of benthic organisms (sessile filter-feeders and deposit-feeders), fish and amphibian species. Benthic organisms can also be covered by excessive amounts of sediment. These organisms are slow to recover or repopulate a stream. The removal of streamside vegetation and placement of fill material at the construction site alters the terrain. Alteration of the streambank enhances the likelihood of erosion and sedimentation. Revegetation stabilizes and holds the soil thus mitigating these processes. Erosion and sedimentation carry soils, toxic compounds and other materials into aquatic communities at the construction site. These processes magnify turbidity and can cause the formation of sandbars at the site and downstream, thereby altering water flow and the growth of vegetation. Streamside alterations also lead to more direct sunlight penetration and to elevations of water temperatures, which may impact many species. 4.0 JURISDICTIONAL TOPICS This section provides descriptions, inventories and impact analysis pertinent to two important issues--Waters of the United States and rare and protected species. 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) section 328.3(x). Wetlands, defined in 33 CFR Section 328.3(b), 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). 9 4.1.1 Characteristics of Wetlands and Surface Waters Potential wetland communities were investigated pursuant to the 1987 "Corps of Engineers Wetland Delineation Manual". The three parameter approach is used where hydric soils, hydrophytic vegetation and prescribed hydrologic characteristics must all be present for an area to be considered a wetland. Based on these criteria, no jurisdictional wetlands are present within project boundaries. North Buffalo Creek is a jurisdictional surface water under Section 404 of the Clean Water Act (33 U.S.C. 1344). Discussion of the biological, physical and water quality aspects of this stream is presented in previous sections of this report. 4.1.2 Summary of Anticipated Impacts The anticipated impact to North Buffalo Creek for Alternate One is 80.0 ft (24.4 m). Anticipated impact to North Buffalo Creek for Alternate Two is 140.0 ft (42.7 m). The impact is determined by using the entire project ROW width for the bridge replacement and temporary detour. Usually, project construction does not require the entire ROW; therefore, actual surface water impacts may be considerably less. 4.1.3 Permits Impacts to jurisdictional surface waters are anticipated. In accordance with provisions of Section 404 of the Clean Water Act, a permit will be required from the COE for the discharge of dredged or fill material into "Waters of the United States." A Section 404 Nationwide Permit No. 23 is likely to be applicable for all impacts to Waters of the United States 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 that 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. A North Carolina Division of Water Quality (DWQ) Section 401 Water Quality General Certification is required prior to the issuance of the Section 404. Section 401 Certification allows surface waters to be temporarily impacted for the duration of the construction or other land manipulations. 10 4.1.4 Mitigation The COE has adopted, through the Council on Environmental Quality (CEQ), a wetland and stream mitigation policy which embraces the concept of "no net loss" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological and physical integrity of Waters of the United States. Mitigation has been defined by the CEQ to include: avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR Section 1508.20). Each of these three aspects (avoidance, minimization and compensatory mitigation) must be considered sequentially. 4.1.4.1 Avoidance Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States. A 1990 Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE states that in determining "appropriate and practicable" measures to offset unavoidable impacts, such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost, existing technology and logistics in light of overall project purposes. 4.1.4.2 Minimization Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts to Waters of the United States. Implementation of these steps will be required through project modifications and permit conditions. Minimization typically focuses on decreasing the footprint of the proposed project through the reduction of median widths, ROW widths, fill slopes and/or road shoulder widths. Other practical mechanisms to minimize impacts to Waters of the United States crossed by the proposed project include: strict enforcement of sedimentation control BMP's for the protection of surface waters during the entire life of the project; reduction of clearing and grubbing activity; reduction/elimination of direct discharge into streams; reduction of runoff velocity; re-establishment of vegetation on exposed areas, judicious pesticide and herbicide usage; minimization of "in-stream" activity; and litter/debris control. 4.1.4.3 Compensatory Mitigation Compensatory mitigation is not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible. It is recognized that "no net loss" of functions and values may not be achieved in each and every permit action. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts that remain after all appropriate and practicable minimization has been required. Compensatory actions often include restoration, creation and enhancement of Waters of the United States. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site. Compensatory mitigation is usually not required with a Nationwide Permit 23. 11 4.2 Rare and Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human activities. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action likely to adversely affect a species classified as federally protected be subject to review by the Fish and Wildlife (FWS). Other species may receive additional protection under separate state laws. 4.2.1 Federally-Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act (ESA) of 1973, as amended. As of December 20, 1999, the only federally protected species listed by the US Fish and Wildlife Service for Guilford County is the bald eagle. The bald eagle is listed as "Threatened", defined as a species likely to become endangered within the foreseeable future throughout all or a significant portion of its range. A brief description of this species' characteristics and habitat follows. Name: Bald eagle (Haliaeetus leucocephalus) Family: Acciptridae Status: Threatened Listed: March 11, 1967 Characteristics: The bald eagle is a large (from 27-37 inches in length) predatory raptor identified by the large white head in adults and short white tail. The body plumage is dark brown to chocolate-brown in color. Immatures are brown and irregularly marked with white until their fourth year. In flight bald eagles can be identified by their flat-winged soar. The wingspan of adult eagles is from 5.0-7.5 feet. Distribution and Habitat: This large predatory bird is found in North America from Florida to Alaska. It is a common breeder in southeastern coastal Alaska and is found in lesser numbers throughout Canada and the United States. Historically, the bald eagle was a common nesting species throughout the coastal plain of the southeast US, as well as along major lakes and rivers. Currently the only major nesting populations in the southeast occur in Florida; however, migrants and rare nesting pairs do occur in North Carolina. Eagles nest close (within 0.5 mile) to large expanses of water, usually in the largest tree of an old-growth stand. The nests may measure two meters (6 ft) across and often as deep. Nests are often used for many years and may increase in size as the birds continue to add to it. 12 In the southeast United States, nesting activity usually begins in early September, with breeding taking place in December or January. Usually two eggs are laid, which are incubated for 35 days. The young remain in the nest at least 10 weeks, although parental care may extend 4-6 weeks after fledging. Studies of post-fledging movements in the southeastern nesting eagles demonstrate extensive northward migration. Bald eagles consume a wide range of food items as prey or carrion. Fish is considered to be the major staple of bald eagles; however, prey selection is determined largely by availability. Bald eagle nesting density is dependent of prey availability, which is a function of habitat size. Bald eagles nesting in marine environs were more successful than those in lake and river sites. Birds nesting on smaller water bodies may require other lakes nearby for additional foraging areas. Threats to Species: Habitat alterations and hunting related to human encroachment from the time of European settlement of North America resulted in a slow eagle population decline. The most dramatic declines in eagle populations are attributed to environmental contaminants. Organo-chlorine compounds (DDT and its metabolites) inhibited calcium deposition, which resulted in eggshell thinning and reduced reproductive success. As a result of various conservation measures and increased public concern, mortality of eagles from shooting has steadily declined since the 1960's. After the use of DDT in the US was banned in 1972, a slow recovery of eagle productivity has occurred. The increase in human population in coastal areas, and the associated habitat alterations as well as disturbance, is currently the major threat to the recovery of the bald eagle. BIOLOGICAL CONCLUSION NO EFFECT Habitat in the form of large stands of trees within a half-mile of open water does not exist in the project area. Lake Townsend, the closest large body of water, is over 5 miles away. The NC Natural Heritage Program database of rare species and unique habitats has no records of bald eagle in the project vicinity. Therefore, no impact to the bald eagle will result from project construction. 4.2.2 Federal Species of Concern The Carolina darter (Etheostoma collis lepidinion) is the only Federal Species of Concern (FSC) listed for Guilford County as of December 20, 1999. 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 that may or may not be listed in the future. These species were formerly 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, Threatened, or Special Concern by the North Carolina Natural Heritage Program (NHP) list of rare plant and animal 13 species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. A survey for this species was not conducted during the site visit, nor were any individuals of this species observed. A review of the N.C. Natural Heritage Program (NHP) database of rare species and unique habitats revealed no records of Federal Species of Concern in or near the project study area. 5.0 REFERENCES Amoroso, J.L., 1999. "Natural Heritage Program List of the Rare Plant Species of North Carolina". North Carolina Natural Heritage Program. Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Lee, D.S., J.B., Funderburg, Jr. and M.K. Clark. 1982. A Distributional Survey of North Carolina Mammals. Raleigh, North Carolina Museum of Natural History. LeGrand, Jr., H.E., and S. P. Hall, 1999. "Natural Heritage Program List of the Rare Animal Species of North Carolina". North Carolina Natural Heritage Program. 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. Menhinick, E.F. 1991. The Freshwater Fishes of North Carolina. N.C. WRC, Raleigh. NCDENR-DWQ. 1996. "Cape Fear River Basinwide Assessment Report." Raleigh. 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. 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. Department of Agriculture and Soil Conservation Service. 1977. Soil Survey of Guilford County. U.S. Fish and Wildlife Service. 1979. "Classifications of Wetlands and Deepwater Habitats of the United States." U.S. Government Printing Office, Washington D.C. 14 IL . U.S. Fish and Wildlife Service. 1998. "Endangered, Threatened, and Candidate Species and Federal Species of Concern in North Carolina." Asheville. Webster, W.D., J.F. Parnell and W.C. Biggs. 1985. Mammals of the Carolinas, Vir 'nia and Maryland. Chapel Hill, The University of North Carolina Press. 15 ? ?y ? ? y ff II i I ?l Q < L .1 loll a t. 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