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HomeMy WebLinkAbout20060848 Ver 1_Individual_20060522 1 1 1 1 1 1 1 1 0 1 1 1 1 1 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 ~ l5 ~ L5 Q ~:1 ~ () MAY 2 2 2006 u ~~ni+a e~trw~ ~ ~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 ~i 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 J 1 n 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. 3 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 4 0 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. 1 ' 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 1 1 1 1 1 1 1 1 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 1 I1 1 [] t 1 LJ L~ J 1 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 i~ J 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. u ~~ L _1 f] 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. i 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 ~7 L 1 l 1 u Supplemental Information Provided by the City of Winston-Salem nl r 1 [] 1 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. C C C I~ 1 u 1 1 1 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. 1 1 1 1 1 1 1 1 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. [i ~I 1 J i Figurel. Bowen Boulevard Study Area r,~y~ ~~~ u ~~ f • ~7 ~2,' `titi~~ `' I ~. ar ~`o '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 ~cvcnu ~ -.•j rerenmai Wetlands 17 Stream Numbers ,a°~°=„~ ~ Intermittent Nonsignificant ~•,j • Stormwater ~ Parcel Boundaries t" . 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I /•:~ ~~a i •/'~/ O W ~ I ~ /;,/ WJW ~~/ O ~ O 11 ~~~ ~ 1 ~o~ Z M M •.Y J Y II •• ~~V V d 0 / ~ "~ ~"U I ~ ++ ° ~ma ~o o °or I FQ ~ o O N ~y s 1 II W as ~ m~ m~ U r '¢ ~ o - ~> s~ o I I I yw Jo ~~ ~g~ °a \ \ dw m~ i~ \, 1 ~ ~ .,~ l~ 1 \ f \ ~ I 1 1 \• ` y 0,;..... \ \ ~\ O \\ \ Y\'~~ J\\\ \~ ~ G \ \\ ~ ~ o , \ \ \~ s'~ ox I \\ \ 3d /~ +°°5 \ ' / ~~ ~ ~ ~ \ - ~.~ Q ~ ~'' ~ ~~ \\ ~ _ \ °e° ~ ~~` 5 0~ o .~\\ \m ,~0 \\ \\ ~ ,~d, I f~ r 1 1 Photographs of Existing Site Conditions 1 t f] 1 1 1 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. 1 1 e ~J 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. 1 L' 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. 1 `1 u 1 1 1 1 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. I 1 1 1 i t 1 i~ 1 1 EEP Letter of Acceptance ii n L1 1 r~ VJ J ll~l l l 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 i~J it 1 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 u 1 1 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 1 1 1 1 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 ' . . . . ... . .. 3.0 JURISDICTIONAL TOPICS ............................. 7 ....... ...... ................. .......... : ..................................... : 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 1 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 1 1 ~~ ~1 i 0 0 1 Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793 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 1 1 u u fl ~1 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. 2 Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793 Three Winston-Salem Road Proiects January 13, 2004 2.0 PROTECTED SPECIES Species with the federal status Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under provisions of the Endangered Species Act. Any activity permitted, funded, or conducted by a federal agency that may affect a listed species or designated critical habitat requires a consultation with the US Fish and Wildlife Service (USFWS). The result of the consultation is a written biological opinion of whether the proposed action is likely to result in jeopardy to a listed species or adverse modification of designated critical habitat. Federal species of concern (FSC) is similar to a "watch" list and these species are not afforded protection until they are formally listed as threatened or endangered ' 2.1 Federally Threatened and Endangered Species 1 i. 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. u 1 i 0 f 1 Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793 Three Winston-Salem Road Proiects January 13, 2004 Bog turtle (Clemmys muhlenbergii), Threatened due to Similarity of Appearance The bog turtle is a small turtle growing only to approximately 4.5 inches in diameter. It can be identified by the bright orange spots on either side of the head. It prefers wet meadows, bogs, marshes, and other wetland environments where the ground is soft and light penetrates. Because these habitats tend to be early successional stage areas that are encroached over time by woody material, bog turtle habitat locations change over time. Bog turtles prefer a mosaic habitat including both dry and wet microhabitat such as a wetland area within a meadow (Bog Turtles Slipping Away website, http://sites.state.pa.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. 4 ii C 0 i ii Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793 Three Winston-Salem Road Projects January 13, 2004 Threats to the small-anthered bittercress include agricultural and residential development, impoundment, channelization, exotic weeds, and toxic chemical spills (USFWS website, http://nc-es.fws.gov/es/es.html). Brook Floater, (Alasmidonta varicosa), Federal Species of Concern The brook floater has a fairly small, thin, rhomboidal shaped shell that rarely exceeds 70 mm in length, 40 mm in height, and 30 mm in width. The conspicuous posterior slope is broad and flat to slightly concave, with numerous short, low corrugations radiating toward the posterior margin at right angles to the growth lines. The periostracum is yellowish or brownish with numerous dark green or black rays. The nacre is glossy, bluish white and grades into a pale orange in the umbo area. The hinge teeth are poorly developed. Each valve has one small thin, triangular pseudocardinal tooth and lateral teeth are lacking or vestigial. This species has a bright orange foot (http://www.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 5 1 1 1 Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793 Three Winston-Salem Road Projects January 13, 2004 the legal protection with respect to road location decisions afforded to federal Endangered or Threatened species. There are nine state listed species in Forsyth County. These species are shown in Table 2. Table 2 State Listed 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. 6 ' Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793 Three Winston-Salem Road Projects January 13, 2004 ' 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. 1 1 1 1 1 1 1 1 Threatened and Endangered Species Technical Report S&ME Job No. 1040-03-793 Three Winston-Salem Road Projects January 13.2004 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. 8 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. 1 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, i 1 u APPENDIX A -FIGURES i uu u i uu zuu reer • 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 ~