HomeMy WebLinkAbout20060848 Ver 1_Individual_20060522
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U.S. ARMY CORPS OF ENGINEERS, SECTION 404
INDIVIDUAL PERMIT APPLICATION
BOWEN BOULEVARD REALIGNMENT PROJECT
S&ME PROJECT NO. 1588-06-034
Prepared For:
City of Winston-Salem
P.O. BOX 2511
Winston-Salem, NC 27102
Prepared By:
S&ME, Inc.
3718 Old Battleground Road
Greensboro, NC 27410
May 19, 2006
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MAY 2 2 2006 u
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~ ~S&ME
May 19, 2006
U.S. Army Corps of Engineers
' Raleigh Regulatory Field Office
6508 Falls of the Neuse Road
Suite 120
' Raleigh, North Carolina 27615
Attention: Mr. John Thomas
1
North Carolina Division of Water Quality
401/Wetlands Unit
1 2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Attention: Ms. Cyndi Karoly
' Reference: Section 404 Individual Permit
Bowen Boulevard Realignment
Bowen Boulevard & New Walkertown Road (US 311)
Winston-Salem, North Carolina
S&ME Project No. 1588-06-034
' Dear Mr. Thomas and Ms. Karoly:
S&ME would like to submit on behalf of the City of Winston-Salem a request for an Individual
Permit (IP) associated with proposed impacts to waters of the U.S. and wetlands on the above-
referenced property. Approximately 489.5 linear feet of impacts to waters and approximately 0.12
acre of impacts to wetlands are proposed. Please find the following materials enclosed:
1) A completed ENG 4345 Form; Letter of Authorization to Act as Agent
L 2) Figures: Bowen Boulevard Study Area (Figure 1); USGS Topography Map (Figure 2);
Aerial with Proposed Impacts (Figure 3); and Wetland Survey with Site Plan (Figure 4)
3) Photographs of Existing Site Conditions
4) Mitigation Options Analysis
5) EEP Letter of Acceptance
6) Threatened and Endangered Species Report
' S&I\/IE, INC. / 3718 Old Battleground Road / Greensaoro, NC 27410 / p 336.288.7180 f 336.288.8980 / www.smeinc.com
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Section 404 Individual Permit S&ME Project No. 1588-06-034
Bowen Boulevard Realignment -Winston-Salem NC Ma~l9 2006
Back round Informa i
g ton
The proposed realignment of Bowen Boulevard at its New Walkertown Road (US 311)
intersection will create a signalized intersection between Bowen Boulevard and New Walkertown
Road at Overlook Drive. The project will consist of utilizing a portion of an approximately 8.31
acre tract identified as Forsyth County Tax Parcel Number 6846-24-9338, along with portions of
Forsyth County Tax Parcel Numbers 6846-34-0793, 6846-34-2805, and 6846-34-2574. The
proposed project area is located southwest of the existing intersection of Bowen Boulevard and
New Walkertown Road (US 311) in Winston-Salem (Forsyth County), North Carolina (36.1201
N, 80.2089 W). The approximate location of the project area is depicted by the attached figures:
Bowen Boulevard Study Area (Figure 1), USGS Topography Map (Figure 2), Aerial with
Proposed Impacts (Figure 3), and Wetland Survey with Site Plan (Figure 4).
Purpose and Need/Avoidance and Minimization
A u ose and need stat
p rp ement, discussion of avoidance and minimization strategies, along with an
1 alternatives analysis is provided by the City of Winston Salem Public Works Department in the
permit application section titled "Supplemental Information provided by the City of Winston-
Salem".
Existing Site Conditions
General land use in the vicinity of the project consists of highly developed residential
neighborhoods and several commercial businesses. The project impact area is bordered to the
1 north by a commercial business, bordered to the east by New Walkertown Road (US 311),
bordered to the south by single family apartments, and bordered to the west by an area controlled
by the Forsyth County Airport Commission. Vegetation within the proposed impact area is
mostly forested with red maple (Ater rubrunz) and sweet gum (Liquidambar styraciflua) and
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Section 404 Individual Permit S&ME Project No. 1588-06-034
Bowen Boulevard Reali~mnent - Winston-Salem, NC May 19, 2006
understory vegetation consists of Chinese privet (Ligustrum sinense) and multiflora rose (Rosa
multiflora).
Two jurisdictional streams are present within the property's boundaries, both unnamed tributaries
to Brushy Fork Creek. Both features appear to have been degraded by the surrounding urban land
use. Household trash was observed within greatly incised stream channels. Photographs of these
streams are included in the permit application section titled "Photographs of Existing Site
Conditions."
An approximately 0.12 acre riparian wetland is present within glow-lying area between the two
jurisdictional stream reaches. The vegetation within the wetland was predominately shrub and
herbaceous species including Japanese honeysuckle (Lonicera japonica), multiflora rose (Rosa
multiflora), and knotweed (Polygonum, spp.).
S&ME conducted a jurisdictional wetlands and waters of the U.S. delineation of the on-site
wetlands in June 2003. During an August 21, 2003 onsite meeting between Eric Galamb with
S&ME, and USAGE representative Todd Tugwell, the onsite features were verified with USAGE
Action ID # 200420611. An additional onsite meeting between Melanie McKinney with S&ME,
and USAGE representative John Thomas took place on March 1, 2006 for discussions of
permitting options.
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Section 404 Individual Permit S&ME Project No. 1588-06-034
Bowen Boulevard Realignment - Winston-Salem, NC May 19, 2006
Proposed Jurisdictional Wetland Impacts
Approximately 0.12 acre of wetland is proposed to be impacted by placement of fill material for
the construction of the realigned road and its adjacent sidewalk. Table 1 further identifies the
proposed impacts.
Table 1: Proposed Jurisdictional Wetland Impacts
Wetland Impact ID Type of Impact Proposed Impact
acre
Proposed Wetland Impact Fill 0.12
Site 1
Total Impacts to Jurisdictional Wetlands: 0.12 acre
Proposed Waters of the U.S. Impacts
Approximately 334 linear feet of waters of the U.S. are proposed to be impacted by placement of
a culvert, and approximately 155.5 linear feet of waters of the U.S. are proposed to be relocated as
required to complete the Bowen Boulevard project.
Table 2: Proposed Waters of the U.S. Impacts
Wetland Impact ID Type of Impact Proposed Impact
linear feet
Proposed Stream Impact 1 Culvert 334
Proposed Stream Impact 2 Relocation 155.5
Total Impacts to Waters of the U.S.: 489.5 linear feet
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Section 404 Individual Permit S&ME Project No. 1588-06-034
Bowen Boulevard Reali>;mnent - Winston-Salem, NC May 19, 2006
Protected Species
S&ME reviewed the U.S. Fish and Wildlife Service webpage and the North Carolina Natural
Heritage Program website for information concerning the occurrence of federal and state protected
species in Forsyth County. Afield survey was conducted to observe the presence or absence of
suitable habitat for the federally protected species listed below.
Table 3: Protected Species Summary
Scientific and Common Federal Status State Status
Names
Clemmys muhlenbergii
Bog Turtle T T
Picoides borealis
Red-cockaded Woodpecker E E
Alasmidonta varicosa
Brook Floater FSC E
Cardamine micranthera
Small-anthered Bittercress E E
E: Listed Endangered - A taxon in danger of extinction through all of a significant portion of its range
T: Listed Threatened - A taxon in danger of becoming endangered in the foreseeable future
FSC: Species of Concern - A taxon that may or may not be listed in the future
' During the field survey no protected species were observed. Based on information obtained from
data review and field survey, it is unlikely that the proposed project will impact Forsyth County's
' state and federal protected species. A copy of the Threatened and Endangered Species Technical
Report is attached with this permit application.
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' Section 404 Individual Permit S&ME Project No. 1588-06-034
Bowen Boulevard Reali~nsnent -Winston-Salem NC May 19, 2006
Cumulative Impacts Analysis
Based on past and reasonably foreseeable future impacts, the Bowen Boulevard Realignment project
i is not anticipated to result in cumulative impacts to nearby downstream water quality. The proposed
project is located within an area that is already extensively developed and minimal impervious
' surface will be added as a result of this project.
Compensatory Mitigation
Payment into the North Carolina Ecosystem Enhancement Program (NCEEP) fund is proposed for
compensatory mitigation of unavoidable impacts to 0.12 acre of jurisdictional wetlands and 489.5
1 linear feet of stream. An EEP Acceptance Letter dated March 3, 2006. Tables 4 and 5 depict
proposed mitigation ratios for each feature.
Table 4: Proposed Stream Mitigation
Stream Impact ID Mitigation Mitigation Anticipated Mitigation
Type Amount Mitigation Ratio Credit
Linear Feet
Proposed Stream EEP Payment 334 1:1 334
Im act 1
Proposed Stream EEP Payment 155.5 1:1 155.5
Im act 2
Total Mitigation Credit: 489.5
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Section 404 Individual Permit S&ME Project No. 1588-06-034
Bowen Boulevard Realignment -Winston-Salem NC May 19, 2006
Table 5: Proposed Wetland Mitigation
Wetland Impact Mitigation Mitigation Anticipated Mitigation
ID Type Amount Mitigation Ratio Credit
Acre
Proposed Wetland EEP Payment 0.12 l:l 0.12
Im act 1
Total Mitigation Credit: 0.12
Closing
Your review of this application is greatly appreciated. If you have questions in regards to the permit
application or require additional information please feel free to call us at (800) 849-2985.
Sincerely,
S&ME, Inc.
~,~~~_ ~~
Melanie McKinney
Natural Resources Professional
~n Davis, L.S.S.
Senior Project Manager
Attachments: ENG 4345 Form, and Letter of Authorization to Act as Agent
Figures
Photographs of Existing Site Conditions
Mitigation Options Analysis
EEP Letter of Acceptance
Threatened and Endangered Species Report
cc: Mr. Alan Temple, City of Winston-Salem
7
ENG Form 4345, Supplemental Information, and Letter of
' Authorization to Act as Agent
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APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
(33 CFR 3251
"5 _
OMB APPROVAL NO. 0710-0003
Expires December 31, 2004
The Public burden for this collection of information is sestimated to average 10 hours pel,~response, although the majority of applications should require
5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-00031, Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
rto person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection ,Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose; Information provided on this form will be used in evaluating the application for s
permit. Routine Uses: This information may be sharod with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
1. APPLICATION NO
2. FIELD OFFICE CODE ~ 3. DATE RECEIVED ~ 4. DATE APPLICATION COMPLETED
rrrcuc ncinui rn oc curcn nv wren, .n ...~.,
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE !an spent is not reauiredl
City of Winston-Salem - Alan Temple S&ME, Inc. - Melanie McKinney
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
P.O. Box 2511 3718 Old Battleground Road
Winston-Salem, NC 27102 Greensboro, NC 27410
7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. WlAREA CODE
a. Residence NSA a. Residence NSA
b. Business (3 3 6) 7 4 7- 6 8 4 4 ~ b. Business
(336)288-7180
• STATEMENT OF AUTHORIZATION
.. ~.
I hereby authorize, SEE AGENT AUTHORIZATION LETTER to act in my behalf as my agent in the processing of fhis ap¢licatibri and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE lsee instructions:
Bowen Boulevard Realignment
13. NAME OF WATERBODY. IF KNOWN m.,~.ai~„nrF~ i 14. PROJECT STREET ADDRESS Irt npp~iceble!
Closest named waterbody:Brushy Fork Creek
15. LOCATION OF PROJECT
Forsyth NC
COUNTY STATE 1
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, lseeinsv~ctionsl
Center of Project Location: 36.1201 N, 80.2089 W
17. DIRECTIONS TO THE SITE
From Raleigh: Take I-40 W to I-40 Business (Exit 206) near Kernersville, Take the MLK Jr.
Drive Exit, Turn Right onto New Walkertown Road (US 311), then left onto Bowen Blvd.
NG F RM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW~OR)
18. Nature of ACYIVIty (DescriptiunoJproject,includeadfesturos)
See Supplemental Information
1 9. Pr ojeCt~ PUfpOSe (Describe the rcyson or purpose of the pojecr, see instruclionsl
' See Supplemental Information provided by City of Winston-Salem
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge ~_~~
See Supplemental Information
' 21 . Type(s) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards
See Supplemental Information
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22. Surface Area in Acres of Wetlands or Other Waters Filled Iseeinsrruaionsl
See Supplemental Information
23. Is Any Portion of the Work Already Complete? Yes ~~ No " IF YES. DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
See Supplemental Information
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL" IDENTIFICATION NUMBER GATE APPLIED DATE APPROVED DATE DENIED
Vould include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
appiication is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT D_1~
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may a signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C, Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than S 10,000 or imprisoned not more than five years or both.
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Supplemental Information
ENG Form 4345
Bowen Boulevard Extension
Block 18. Nature of Activity
The City of Winston-Salem., is pursuing realignment of the existing Bowen Boulevard
and New Walkertown Road (US 311) intersection to allow for a signalized intersection at
Bowen Boulevard, New Walkertown Road, and Overlook Drive. The proposed
realigrunent is necessary to reduce both vehicular collisions and pedestrian accidents. A
bulldozer, backhoe, and other heavy equipment shall be used to build the realigned road
and an adjacent sidewalk. A traffic signal will be installed with a pedestrian push button
for a safer crossing.
Block 19. Proposed Project Purpose
See Supplemental Information provided by the City of Winston-Salem
Block 20. Reason for Discharge
The proposed discharge to jurisdictional wetlands is necessary to facilitate construction
of the realigned road and its adjacent sidewalk.
Block 21. Type(s) of Material Being Discharged and the Amount of Each Type in
Cubic Yards
Jurisdictional Wetland Impacts (0.12 Acre): 1,543 cubic yards earthen fill material
Block 22. Surface Area in Acres of Wetlands or other Waters Filled
0.12 acre riparian wetland
' Block 24. Names and Addresses of Adjoining Property Owners, Lessees, etc.
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Name Address
NCP Food Stores Hamlet WS, LLC P.O. Box 1929
Easle , SC 29641
Joseph and Sandra Owens 2332 Coliseum Drive
Winston-Salem, NC 27106
John R. Oliver, Jr. 3961 Pomeroy Drive
Winston-Salem, NC 27105
Carros Investments, LLC 826 Goodwood Road
Winston-Salem, NC 27106
' *Mailing Labels are attached for your convenience
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Supplemental Information
Provided by the City of Winston-Salem
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Purpose & Need:
Bowen Boulevard Realignment
New Walkertown Road (US 311) is afive-lane undivided facility which runs from Martin
Luther King, Jr. Drive in Winston-Salem to Walkertown, NC. It has a posted 45 miles
per hour speed limit, but operating traffic speeds on the roadway often exceed 55 miles
per hour. The adjacent land use is primarily residential and light business. The area is
shown on the attached Figure 1. Fifty percent (50%) of the traffic on southbound New
Walkertown Road originates from Carver School Road and the remaining 50% originates
from north of the Carver School Road intersection. The intersection of New Walkertown
Road and Carver School Road is only 750 feet north of the intersection of New
Walkertown Road and Bowen Boulevard. The geometry of the New Walkertown Road
and Carver School Road intersection also creates a significant weaving zone problem
between the two intersections. There have been a number of serious traffic accidents on
this roadway in the last 10 years including several fatalities. Also, the speeding problem,
close proximity of the intersections, the traffic volumes and roadway width make
pedestrian crossing difficult.
The City of Winston-Salem intends to realign Bowen Boulevard south of its current
location as a solution to these transportation issues. Realigning Bowen Boulevard south
of its current location would increase the distance between the New Walkertown Road
and Carver School Road intersection and New Walkertown Road and Bowen Boulevard
intersection, eliminating the weaving problem associated with the current spacing of the
intersections. In addition to realigning Bowen Boulevard, the New Walkertown Road,
Carver School Road intersection and New Walkertown Road, Bowen Boulevard
intersection will both be signalized and pedestrian signal heads with push buttons will be
installed. The addition of signals would have many benefits: allow traffic to safely enter
New Walkertown Road under protection, reducing the likelihood of an angular collision,
allow pedestrians safer crossings and reduce traffic speed due to the occasional stops for
side traffic entering New Walkertown Road.
Alternative selection process:
' The City of Winston-Salem investigated several options to resolve the safety issues.
These options included relocating Bowen Boulevard to intersect New Walkertown Road
at Waterworks Road, East Dnve, Overlook Dnve, Spaulding Dnve and mid points
' between these roadways. Most of the options were eliminated because they either had
significant environmental impacts or because they did not serve the safety needs of the
community as well as the proposed project.
The realigrunent options that brought Bowen Boulevard to an intersection with New
Walkertown Road at Waterworks Road or at East Drive both had significant impacts to
' wetlands and the City's Greenway which runs along the Bushy Fork Creek. In addition,
the East Drive option would have required the demolition of 3 or 4 apartment buildings
and acquisition of property that is controlled by the Forsyth County Airport Commission.
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This property is in the glide path of airplanes landing on runway 33 of Smith Reynolds
Airport and previous discussions with the airport indicates that a road constructed parallel
to the runway glide path would not be acceptable to the airport.
The option of realigning Bowen Boulevard to the existing intersection of New
Walkertown Road and Spalding Drive was rejected because it did not provide for
convenient pedestrian crossing and because it would increase cut through traffic on a low
volume residential street (Spaulding Drive).
The mid point options were rejected because, while it would provide the benefits
associated with a signalized intersection, it would create weave problems due to poor
alignment with existing streets. Instead of improving an existing three leg intersection by
creating a safer four leg intersection, it would add yet another side street to an already
congested roadway.
The option to realign Bowen Boulevard to Overlook Drive is the preferred alternative.
Overlook Drive is 2,400 feet from the New Walkertown Road, Carver School Road
intersection, thus eliminating any weaving problems. While the proposed alignment does
have some environmental impacts and right-of--way impacts, they are significantly less
than the Waterworks Road and East Drive alternatives. The proposed realignment
crosses the Smith Reynolds Airport glide path at an almost perpendicular angle, which
the airport authorities prefer. Overlook Drive is also one of three entrances to the
Lakeside Apartments, a 45 acre apartment complex. A signalized intersection at
Overlook Drive would be very beneficial for pedestrians crossing New Walkertown
Road.
In summary, the City of Winston-Salem believes that a realignment of Bowen Boulevard
to the Overlook Drive, New Walkertown Road intersection will solve many of the
transportation issues along New Walkertown Road. These improvements should make
vehicular traffic and pedestrian traffic safer along their busy corridor.
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LETTER OF AUTHORIZATIOI~T
TO ACT A..S AGEh1T
Date: 5/16/06
Project Information
S&ME Project Name: Bowen Boulevard Realignment
Type of Project: Stream & Wetland Permitting
Location: Southwest intersection of Bowen Blvd. and New Walkertown Rd.
(Hwy 311 , City of Winston-Salem, Forsyth County, North Carolina
per®~~~~~ ®~r~~dt~~~e~~~~raf~giv~ Inf®rrnation
Business Name: City of Winston -Salem
Mailing Address: P.O. Box 2511
City, State, Zip Code: Winston-Salem, NC 27102
Telephone No. 336-747-6844
Contact: Alan Temple, Project Engineer
~~~~~~ duvf®a~e~rn~~a®e~
Business Name: S&IV1E, Inc.
Street Address: 3718 Old Battleground Road
City, State, Zip Code: Greensboro, NC 2741.0
?~clcphone Tdo. (336) 288-7180
Contact: 1Vlela.nie McKinney
Authorization:
I _ on behalf of
(Contact Signatu e)
City of Winston-Salem hereby authorize
(Name of Landowner or Representative)
S&ME, Inc, to act as agent for the above-mentioned project.
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Figurel. Bowen Boulevard Study Area
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'c"'~" NTS Bowen Boullevard Extension F~cuae No
~~cxEn av. ~~p ~~~~ Bowen Boulevard & New Walkerton Road
'xnwrrsv. NtLNt =_-_= Winston-Salem, North Carolina 2
7ATE~. 5~16~2006 eNw~o~iMEN7n~ sEFwcES • ENGWEEFIN(; • 7rariNC JOB No. 1588-06-034
100 0 100 200 Feet
Bowen Boulevard
City of
Winston Salem
w~nsu~n~a~~m Figure
3
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. " Not Evaluated
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Photographs of Existing Site Conditions
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1. View from onsite stream facing northwest towards existing Bowen Boulevard: Photo
taken by Melanie McKinney on March 1, 2006
2. View of corridor between stream reaches: Photo taken by Melanie McKinney on
March 1, 2006, from northern stream reach facing south.
3. View of site conditions northeast of Proposed Stream Impact #2: Photo taken by
Melanie McKinney on March 1, 2006, facing northhwest.
4. View of light tower located southeast of Proposed Stream Impact #1: Photo taken by
Melanie McKinney on March 1, 2006, facing north.
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5. View of northeast reach of Proposed Stream Impact #1: Photo taken by Melanie
McKinney on March 1, 2006, facing northeast.
6. View of stream south of Proposed Stream Impact #l : Photo taken by Melanie
McKinney on March 1, 2006, southeast of existing Bowen Blvd.
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7. View of stream reach identified as Proposed Stream Impact #2: Photo taken by
Melanie McKinney on March 1, 2006, facing northwest.
8. View of 0.12 acre onsite wetland to be impacted by Bowen Blvd. extension: Photo
taken by Melanie McKinney on September 20, 2005, facing northwest.
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Mitigation Options Analysis
1
' A
s a recommendation from the US Army Corp of Engineers, we have evaluated the
possibility of using the realignment of the existing stream as a possible mitigation to
' offset the impacts of the road. However, we determined the concerns that we have with
this site outweighed the benefits we would receive from using this as mitigation. Some
of the concerns we have are:
'
1. Grades along the proposed ditch are in excess of 10%.
2. Excessive grading to flatten the ditch grades to manageable slopes, included
impacts to a light tower in the light path of Smith-Reynolds Airport.
3. Monitoring and maintenance of a ditch with steep grades for 5 years would
exceed the costs associated with payment to the Ecosystem Enhancement
' Program.
In lieu of these concerns and since we are already asking the Ecosystem Enhancement
Program to accept payment for the other stream impacts, we do not feel that the stream
realignment should be used as a mitigation site.
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EEP Letter of Acceptance
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PROGRAM
March 3, 2006
Alan Temple
City of Winston-Salem
P O Box 2511
Winston-Salem, NC 27102
Project: Bowen Boulevazd
County: Forsyth
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following [able.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Ri arian Non-Ri arian Coastal Marsh Cold Cool Wazm
Yadklin 0.12 0 0 0 0 490 0 0
03040101
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact David Robinson at (919) 715-2228.
Sincerel
~~~
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
John Thomas, USACE-Raleigh
Daryl Lamb, DWQ Regional Office-Winston-Salem
File
' R,P~StO{~I,GL! ... ~ ~ ... P{''OtP.G~GGL9 OGff'' .~tG{,tP~
~!.'~~,
l~CDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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Threatened and Endangered Species Report
---
January 16, 2004
' Mr. Alan Temple, P.E.
City of Winston-Salem
' Public Works/Engineering Division
P.O. Box 2511
Winston-Sa1cm, NC 27102
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77rree ~e~crdes ... T{r.ree Reosorrs
We listen. TI'e rnsporrd. We solve.
Subject: Threatened and Endangered Species Report for Bowen Boulevard
Realignment, Carver School Extension, and West Clemmonsville Road
Extension
Winston-Salem, North Carolina
S&ME Project No. 1040-03-793
Dear Mr. Temple:
Enclosed are two (2) copies of the Threatened and Endangered Species Report for Bowen
Boulevard realignment, Carver School extension, and West Clemmonsville Road
extension. Please advise when the designs for the three projects are completed and ready
for permitting. S&ME will complete the permit applications at that time.
S&ME appreciates the opportunity to serve you, and we hope that this information meets
your needs. If you have any questions, please call us at (919) 872-26fiU.
Sincerely,
S&MF,, Inc.
~-=~
Eric Galamb, PWS
Senior Scientist
Cc: David Bass, I'.E., PBS&J
SB~ME, Inc.
3118 Spring Forest Rood
Raleigh, North Carolina 27616
3~~
Samuel P. Watts, P.G.
Manager, Earth Resources Dept
Mailing address: 1919) 872-2660
P.O. Box 58069 ' 1919) 790-9827 fax
Raleigh, North Carolina 27658-8069
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THREATENED and ENDANGERED SPECIES
TECHNICAL REPORT
Bowen Boulevard Realignment
Carver School Road Extension
West Clemmonsville Road Extension
Forsyth County, North Carolina
Prepazed for:
l'
t4~nnsmnSalem
Public Works DepaztmentlEngineering Division
P.O. Box 2511
Winston-Salem, North Carolina 27102
Prepared by:
ENGINEERING ~ TESTING
ENVIRONMENTAL SERVICES
3118 Spring Forest Road
Raleigh, North Carolina, 27616
January 2004
Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793
Three Winston-Salem Road Projects January 13.2004
' TABLE OF CONTENTS
' Section Pia e
1.0 INTRODUCTION ........................................................................................................................................ 1
' 1.1 PROJECT DESCRIPTION ............................................................................................................................... 1
1.2 PURPOSE OF THIS STUDY ............................................................................................................................ 1
1.3 DATA REVIEW ............................................................................................................................................ 1
' 1.4 FIELD SURVEYS ..........................................................................................................................................
1.5 INVESTIGATOR ........................................................................................................................................... 1
2
1.6 DEFINITIONS ............................................................................................................................................... 2
' 2.0 PROTECTED SPECIES ..............................................................................................................................
2.1 Federally Threatened and Endangered Species .................................................................................... 3
3
2.2 State Listed Species ............................................................................................................................... S
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3.0 JURISDICTIONAL TOPICS ............................. 7
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:
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:
3.1 RARE AND PROTECTED SPECIES .......................... • ~
3.1.1 Federally Threatened and Endangered Species .................................................................................... 7
3.1.2 State Listed Species ...............................................................................................................................
4.0 REFERENCES ............................................................................................................................................. 8
9
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LIST OF TABLES
Table 1 Federal Listed Species in Forsyth County
Table 2 State Listed Species in Forsyth County
APPENDIX -LIST OF FIGURES
Figure 1 Bowen Boulevard Realignment
Figure 2 Carver School Road Extension
Figure 3 West Clemmonsville Road Extension
' 1.1 Project Description
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Three Winston-Salem Road Projects January 13, 2004
1.4 INTRODUCTION
The city of Winston-Salem, North Carolina proposes to realign Bowen Boulevard to tie into the
intersection of New Walkertown Road and Overlook Drive (city project number 01012). Figure
1, located in the Appendix, shows the location of the Bowen Boulevard re-alignment. The city
also proposes to extend Carver School Road from Motor Road to the intersection of Old
Waikertown Road and Carver School Road (city project number 20030). Figure 2 presents the
proposed Carver School Road extension. West Clemmonsville Road extension, city project
number 95007, would begin at the intersection of Old Salisbury Road and West Clemmonsville
Road and continue east to connect at Peters Creek Parkway (NC 150). Figure 3 shows the
location of the proposed West Clemmonsville Road alternative.
1.2 Purpose of this Study
For this report, the proposed road projects were surveyed for threatened and endangered species.
The purpose of this technical report is to inventory, catalog, and describe the various threatened
and endangered species for the three projects. This report also describes the anticipated impacts
to these resources and recommends measures that will minimize impacts. The conclusions and
recommendations contained in this report are relevant only in the context of existing design
concepts. If design parameters and criteria change, additional field investigations may
need to be conducted.
1.3 Data Review
Information concerning the occurrence of federal and state protected species in the study area
was gathered from the following sources:
• US Fish and Wildlife Service (USFWS) list of Forsyth County Endangered
Species, Threatened Species, and Federal Species of Concern website (http://nc-
es.fws.gov/es/countyfr.html)
• NC Natural Heritage Program (NCNHP) database of rare species and unique
habitats.
1.4 Field Surveys
Pedestrian field surveys were conducted on May 26 and 27, 2003 for the federally listed
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Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793
Three Winston-Salem Road Projects Januar~+ 13, 2004
threatened and endangered species. Special attention was given to mature pine stands,
streambanks, and wetlands as they are the primary habitats for the threatened and endangered
species listed for the project vicinity.
1.5 Investigator
Mr. Eric Galamb, who performed the fieldwork and reporting for this project, received a B.S. in
Environmental Management, and .Biogeography from University of Toronto, and has been
working as a professional in the environmental sciences for fifteen years. He has specialized in
project management; regulatory agency coordination; wetland and stream permitting; wetland
and stream mitigation; wetland and stream mitigation monitoring; wetland determinations and
delineations utilizing U.S. Army Corps of Engineer (LJSACE) methodology; stream assessments
utilizing USACE and N.C. Division of Water Quality (DWQ) methodologies; linear corridor
studies; environmental constraints mapping; NEPA/SEPA environmental assessments; wildlife
surveys; and protected species surveys. He is a Professional Wetland Scientist.
1.6 Definitions
Definitions of area descriptions used in this report are as follows: Project Study Area denotes the
area bounded by proposed right-of--way limits; Project Vicinity describes an area extending 0.5
miles on all sides of the project study area; and Project Region is equivalent to an area
represented by a 7.5 minute USGS quadrangle maps with the project occupying the central
position.
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2.0 PROTECTED SPECIES
Species with the federal status Endangered (E), Threatened (T), Proposed Endangered (PE), and
Proposed Threatened (PT) are protected under provisions of the Endangered Species Act. Any
activity permitted, funded, or conducted by a federal agency that may affect a listed species or
designated critical habitat requires a consultation with the US Fish and Wildlife Service
(USFWS). The result of the consultation is a written biological opinion of whether the proposed
action is likely to result in jeopardy to a listed species or adverse modification of designated
critical habitat. Federal species of concern (FSC) is similar to a "watch" list and these species
are not afforded protection until they are formally listed as threatened or endangered
' 2.1 Federally Threatened and Endangered Species
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There are three federally listed species in Forsyth County and one listed as a species of concern.
These are shown in Table 1. A description of the species follows. The results of the threatened
and endangered species surveys conducted are discussed in Section 3.
Table 1
Federal i,icted Cneciec in Fnrsvth County
Common Name Scientific Name Federal Status
Vertebrates
Bo Turtle Clemm s muhlenber ii T SfA
Red-cockaded Wood ecker Picoides borealis E
Invertebrates
Brook Floater Alasmidonta varicosa FSC
Vascular Plants
Small-anthered Bittercress Cardamine micranthera E
Protection Status
E: Listed Endangered - A taxon in danger of extinction through all of a significant portion of its range.
T: Listed Threatened - A taxon likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range.
TL/A): Threatened due to Similarity of Appearance -- A taxon not threatened or endangered itself, but
listed due to its similarity to a species that is listed.
FSC: Federal Species of Concern - A species that may or may not be listed in the future (formerly C2
candidate species or species under consideration for listing for which there is insufficient information to
s rt listin
Source: USFWS Website, Accessed January 6, 2004. http://nc-es,jws.govles/es.htmt.
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Bog turtle (Clemmys muhlenbergii), Threatened due to Similarity of Appearance
The bog turtle is a small turtle growing only to approximately 4.5 inches in diameter. It can be
identified by the bright orange spots on either side of the head. It prefers wet meadows, bogs,
marshes, and other wetland environments where the ground is soft and light penetrates. Because
these habitats tend to be early successional stage areas that are encroached over time by woody
material, bog turtle habitat locations change over time. Bog turtles prefer a mosaic habitat
including both dry and wet microhabitat such as a wetland area within a meadow (Bog Turtles
Slipping Away website, http://sites.state.pa.uslPA_Exec/Fish Boat/sepoct98/bogturtl.htm).
The species is threatened from collection for the pet trade, as well as from alteration of the
wetland habitat the species requires (iJSFWS website, http://nc-es.fws.gov/ es/es.html).
The southern population of bog turtle is not threatened, but the species is listed because of the
difficulty of differentiating between the northern and southern populations.
Red-Cockaded Woodpecker (Picoides borealis), Endangered
The red-cockaded woodpecker lives in open stands of southern pines with a minimum age of 80
to 120 years. They most commonly nest in longleaf pine (Pinus palustris), but will also use
other southern pine species. The birds lay eggs from April through June, with 38 days from egg
laying to fledging and several additional weeks before the young become independent. Red-
cockaded woodpeckers feed primarily on insects, supplemented by seasonal wild fruit (USFWS
website, http://nc-es.fws.gov/es/es.html).
The species' decline is attributed to the loss of pine forests with trees 80 years old or older. Fire
suppression has led to the intrusion of hardwood species, further reducing the specialized habitat
the species requires (USFWS Endangered Species Program Website, http:!/endangered.fws.gov).
Small-Anthered Bittercress, (Cardamine micranthera), Endangered
The small-anthered bittercress is a small plant 8-16 inches tall, with small white flowers that
bloom in April to May. The leaves are almost square and non-clasping. The plant lives in
seepages, wet rock crevices, streambanks, sandbars, and wet woods along small streams.
Historically it is known in the Dan River drainage in the northern Roanoke River Basin.
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Threats to the small-anthered bittercress include agricultural and residential development,
impoundment, channelization, exotic weeds, and toxic chemical spills (USFWS website,
http://nc-es.fws.gov/es/es.html).
Brook Floater, (Alasmidonta varicosa), Federal Species of Concern
The brook floater has a fairly small, thin, rhomboidal shaped shell that rarely exceeds 70 mm in
length, 40 mm in height, and 30 mm in width. The conspicuous posterior slope is broad and flat
to slightly concave, with numerous short, low corrugations radiating toward the posterior margin
at right angles to the growth lines. The periostracum is yellowish or brownish with numerous
dark green or black rays. The nacre is glossy, bluish white and grades into a pale orange in the
umbo area. The hinge teeth are poorly developed. Each valve has one small thin, triangular
pseudocardinal tooth and lateral teeth are lacking or vestigial. This species has a bright orange
foot (http://www.ncwildlife.org/pg07_WildlifeSpeciesCon/pg7blal_8.htm).
This species inhabits medium size streams and rivers. It prefers clean, swift waters with stable
gravel, or sand and gravel substrates. However, individuals found near the mouth of the Linville
River in North Carolina were observed in sandy/silty substrate in cracks between boulders along
a steep bank, in 1 to 3 feet of water and relatively slow current.
The brook floater is found in Atlantic Slope river basins from the Savannah River Basin in South
Carolina north to the St Lawrence River Basin in Canada. It has also been found in the
Greenbrier River (Ohio River Basin) of West Virginia. It is considered more common in the
northern part of its range. Distribution by County: Catawba River Basin: Burke Co. (Linville
River, Warrior Fork, and Johns River subbasins); Pee Dee River Basin: Surry Co. (Mitchell
River Subbasin), Randolph Co. (Caraway Cr. and Little River subbasins), Montgomery Co.
(Little River and Barnes Cr. Subbasins); Cape Fear River Basin: Moore Co. (Deep River),
Chatham Co. (Rocky River Subbasin); Neuse River Basin: Orange Co. (Eno River Subbasin).
2.2 State Listed Species
' Species with state designations Endangered, Threatened, or Special Concern are granted
' protection by the State Endangered Species Act and the State of North Carolina Plant Protection
and Conservation Act of 1979. Legal protection under North Carolina state law regulates the
possession, propagation, or sale of protected species. North Carolina listed species do not have
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Three Winston-Salem Road Projects January 13, 2004
the legal protection with respect to road location decisions afforded to federal Endangered or
Threatened species.
There are nine state listed species in Forsyth County. These species are shown in Table 2.
Table 2
State Listed Snecie~c in Fnrcvth Cnunty
Common Name Scientific Name State Status
ivertebrates
Bo Turtle Clemm s muhlenber 'i T
Red-cockaded Wood esker Picoides borealis E
Lo erhead Shrike Lanius ludovicianus ludovicianus SC
Bi e e Jum rock Scartom on ariommus T
Invertebrates
Brook Floater Alasmidonta varicosa E
Vascular Plants
Small-anthered Bittercress Cardamine micranthera E
Bo rose Arethusa bulbosa E
Yellow Frin Bless Orchid Platanthera rote ra T
Small's Poriulaca Portulaca smallii T
State Protection Status
E: Endangered - A taxon in danger of extinction through all of a significant portion of its range.
T: Listed Threatened - A taxon likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range.
SC: Special Concern - A taxon which requires monitoring, but which, if not threatened or endangered, may
be collected or sold from wild populations under the provision of the Plant Protection and Conservation Act
(GS 19B 106:202.12). If the species is threatened or endangered, propagated individuals may be traded or
sold under ific re lations.
Source: NCNNP website. Accessed January 6, 2004. http://www.nesparks.net/nhp/county.html.
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' 3.0 JURISDICTIONAL TOPICS
3.1 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 US Fish
' and Wildlife Service (IJSFWS). Other species may receive additional protection under separate
state laws.
' 3.1.1 Federally Threatened and Endangered Species
' Surveys were performed on May 26 and 27, 2003 along the proposed road projects for threatened
and endangered species listed in the county. The biological conclusion for each of the species is
provided below.
' BOG TURTLE (Clemmys muhlenbergii)
' BIOLOGICAL CONCLUSION NO EFFECT
' No areas with suitable habitat were located for any of the three road projects. Therefore, the
proposed projects would not impact the bog turtle.
RED-COCKADED WOODPECKER (Picoides borealis)
' BIOLOGICAL CONCLUSION
NO EFFECT
' Surveys were conducted according to the Guidelines for Preparation of Biological Assessments
and Evaluations for the Red-cockaded Woodpecker (Henry, 1989). No suitable nesting habitat in
the form of large pine tree stands 80 years or older is present within the project vicinity.
Therefore, construction of the three proposed roads is not likely to affect the red-cockaded
woodpecker.
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Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793
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SMALL-ANTHERED BITTERCRESS (Cardamine micranthera)
BIOLOGICAL CONCLUSION NO EFFECT
Surveys for the small-anthered bittercress were conducted, but no individuals were observed.
No individuals have been observed in Forsyth County more than 40 years. Additionally, since
the three projects are exclusively in the Yadkin River Basin, a basin in which the small-anthered
bittercress is not known to occur, it is unlikely that populations of the plant occur along the
proposed project corridors.
3.1.2 State Listed Species
Formal surveys for state listed species were not conducted nor were individuals of these species
observed.
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Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793
Three Winston-Salem Road Projects January 13 2004
' 4.0 REFERENCES
Anonymous. Bog Turtles Slipping Away Website. Accessed April 22, 2002.
' http://sites.state.pa.us! PA Exec/Fish Boat/sepoct98/bogturtl.htm.
Henry, V.G. 1989. Guidelines or Preparation of Biolol;ical Assessments and Evaluations for
the Red-cockaded Woodpecker. US Fish and Wildlife Service, Southeast Region. Atlanta,
' GA.
' Nemuras, K. 1967. Notes on the natural history of Clemmys mahlenbergi. Bulletin Maryland
Herpetological Society 3(4): 80-96.
North Carolina Division of Water Quality (NCDWQ). June 2002. Basinwide Assessment
' Report.•Yadkin River.
North Carolina Division of Water Quality (NCDWQ) Website. January 6, 2004.
' http://h2o.enr.state.nc.us/.
North Carolina Natural Heritage Program (NCNHP) Database of Rare Species and Unique
' Habitats. January 6, 2004. 512 North Salisbury St., Raleigh, NC 27604-1184.
http://www.ncsparks.net/nhp/search.html.
' North Carolina Wildlife Resources Commission (WRC) Website. January 12, 2004.
http://www.ncwildlife.org/pg07_WildlifeSpeciesCon/pg7b 1 a 1_8.htm
' United States Department of Agriculture (USDA). 1976. Soil Survey of Forsyth County.
USDA-Soil Conservation Service.
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United States Fish and Wildlife Service (IJSFWS) Website, Accessed January 6, 2004. http://nc-
es.fws.gov/es/es.html.
United States Geological Service (USGS) Quadrangle Maps. 1994
Clemmons and Winston Salem West. Reston, VA 22092.
Rural Hall, Vienna,
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• Bowen Boulevard
city of
lMnston Salem
Figure
II~ASOfIR~;iiF'1'` 1
' """"""' wetlands Y) ~veam Numoers
Intermittent Nonsignificant
Edge of Pavement
~~•°°•• Stormwater ParcelBOUndaries
Construction Limits
Not Evaluated ~