20060912 Ver 2_Complete File_20060718

IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. Box 1890
Wilmington, North Carolina 28402-1890
July 18, 2006

Subject: Action ID No. SAW 2006-154214-172 and Nationwide Permit No. 23 (Approved
Categorical Exclusions)
Dr. Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Reference your Categorical Exclusion Document, approved on April 12, 2004, and your
subsequent correspondence dated June 5, 2006, for the replacement of Bridge No. 59 on NCSR
1304 over Sutton Creek, Federal Aid Project No. BRZ-1304 (7), State Project No. 8.2120401,
T.I.P. No. B-4228, Perquimans County, North Carolina. The project involves an off site detour
and will replace the existing structure in the same location with a 90-foot single span bridge
utilizing top-down construction adversely impacting 0.208 acres of riverine wetlands adjacent to
Sutton Creek.
For the purposes of the Corps of Engineers Regulatory Program, Title 33, Code of
Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991,
lists nationwide permits. Authorization pursuant to Section 10 of the Rivers and Harbors Act
of 1899 and Section 404 of the Clean Water Act, was provided for activities undertaken, assisted,
authorized, regulated, funded or financed, in whole or part, by another Federal agency or
department where that agency or department has determined, pursuant to the CEQ Regulation for
the Implementing the Procedural Provisions of the National Environmental Policy Act, that the
activity, work or discharge is categorically excluded from environmental documentation because
it is included within a category of actions which neither individually nor cumulatively have a
significant effect on the human environment, and the Office of the Chief of Engineers has been
furnished notice of the agency's or department's application for the categorical exclusion and
concurs with that determination.
Review of this project indicates that the construction of the new bridge will adversely
impact 0.208 acres of riverine wetlands consisting of 0.065 acres of permanent fill and 0.143
acres of mechanized land clearing in wetlands. The permanent wetland impacts are for the
widening of the approach fills which are needed for the replacement bridge.
r
Your work is authorized under Nationwide Permit 23, Categorical Exclusion, and
provided it is accomplished in strict accordance with the enclosed Nationwide Permit Conditions
and the following special conditions:
a. Compensatory mitigation for the unavoidable impacts to 0.208 acres of riparian
wetlands associated with the proposed project shall be provided by the Ecosystem Enhancement
Program (EEP), as outlined in the letter dated March 13, 2006, from William D. Gilmore, EEP
Director. Pursuant to the EEP Memorandum of Agreement (MCA) between the State of North
Carolina and the US Army Corps of Engineers signed on July 22, 2003, the EEP will provide
0.42 acres of restoration equivalent riparian wetlands in the Pasquotank River Basin (Hydrologic
Cataloging Unit 03010205) in accordance with Section X of the MOA. For wetlands, a
minimum of 1:1 (impact to mitigation) must be in the form of wetland restoration. The NCDOT
shall, within 30 days of the issue date of this permit, certify that sufficient finds have been
provided to EEP to complete the required mitigation, pursuant to Paragraph V. of the MOA.
b. To avoid adverse impacts to spawning populations of fish, anadromous and resident
species at the project site, NCDOT will follow the "Stream Crossing Guidelines for Anadromous
Fish Passage."
c. To avoid adverse impacts to spawning populations of fish, anadromous and resident
species at this project site, no in-water work will be conducted between February 15 and June 15.
For the purpose of this moratorium, in water is defined as those areas that are inundated at mean
high water.
d. All measures will be taken to avoid any temporary fill from entering into Sutton Creek
from bridge demolition. Bridge demolition shall follow NCDOT best management practices for
constriction and maintenance activities dated August 2003 and incorporate NCDOT policy
entitled "Bridge Demolition and Removal in Waters of the United States" dated September 20,
1999.
e. No bridge demolition debris or excavated or fill material will be placed at any time, in
any wetlands or surrounding waters, outside of the alignment of the fill area indicated on the
work plans.
f. All excavated materials will be confined above normal high water and landward of
regularly or irregularly flooded wetlands behind adequate dikes or retaining strictures to prevent
spillover of solids into any wetlands or surrounding waters.
2
g. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill, or mechanized land-clearing activities shall take place at any time in
the constriction or maintenance of this project, within waters or wetlands, or any activities that
cause the degradation of waters or wetlands, except as authorized by this permit, or any
modification to this permit. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside the permitted area.
There shall be no excavation from, waste disposal into, or degradation of, jurisdictional waters or
wetlands associated with this permit without appropriate modification of this permit, including
appropriate compensatory mitigation. This prohibition applies to all borrow and fill activities
connected with this project.
h. To ensure that all borrow and waste activities occur on high ground and do not result
in the degradation of adjacent wetlands and streams, except as authorized by this permit, the
permittcc shall require its contractors and/or agents to identify all areas to be used to borrow
material, or to dispose of dredged, fill, or waste material. The permittee shall provide the
USACE with appropriate maps indicating the locations of proposed borrow or waste sites as soon
as the permittee has that information. The permittee will coordinate with the USACE before
approving any borrow or waste sites that are within 400 feet of any streams or wetlands. The
permittee shall ensure that all such areas comply with condition (g) of this permit, and shall
require and maintain documentation of the location and characteristics of all borrow and disposal
sites associated with this project. This information will include data regarding soils, vegetation
and hydrology sufficient to clearly demonstrate compliance with the preceding condition (g). All
information will be available to the USACE upon request. NCDOT shall require its contractors
to complete and execute reclamation plans for each waste and borrow site and provide written
documentation that the reclamation plans have been implemented and all work is completed.
This documentation will be provided to the Corps of Engineers within 30 days of the completion
of the reclamation work.
i. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions and any Corps
approved modifications shall be available at the project site during construction and maintenance
of this project.
j. Any violation of these conditions or violations of Section 404 of the Clean Water Act
or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington
District, U.S. Army Corps of Engineers, within 24 hours of the violation.
3
k. Failure to institute and carry out the details of special conditions a. - j., above, may
result in a directive to cease all ongoing and permitted work within waters and/or wetlands
associated with TIP No. B-4228, or such other remedy as the District Engineer or his authorized
representatives may seek.
This nationwide permit does not relieve you of the responsibility to obtain any required
State or local approval. This permit is valid until the NWP is modified, reissued, or revoked. All
of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007.
It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public
notice when the NWPs are reissued. Furthermore, if you commence or are under contract to
commence this activity before the date that the relevant nationwide permit is modified or
revoked, you will have twelve (12) months from the date of the modification or revocation of the
NWP to complete the activity under the present terms and conditions of this nationwide permit.
If, prior to the expiration date of March 18, 2007, the nationwide permit authorization is reissued
and/or modified, this verification will remain valid until March 18, 2007, provided it complies
with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's
authorization under any NWP.
Thank you for your time and cooperation. If you have any questions, you may contact me
at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina,
27889, or telephone [phone], extension 26.
Sincerely,
/VA -
William Biddlecome
Project Manager
Copies Furnished:
Mr. Brian Wrenn
Water Quality Section
North Carolina Division of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
1142 I-85 Service Road
Creedmoor, North Carolina 27522
Mr. Gary Jordan
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island
Beaufort, North Carolina 28516
Mr. Chris Militscher
U.S. Enviromnental Protection Agency
CIO FHWA, Raleigh Office
310 New Bern Avenue, Room 206
Raleigh, North Carolina 27601
Kathy Matthews
3112 Avondale Court
Raleigh, North Carolina 27613
Mr. William D. Gilmore, P.E.
EEP Director
North Carolina Ecosystem Enhancement Pro-rain
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
5
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
February 22, 2006
Mr. William D. Gilmore, P.E., Director
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Sir:
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LYNDO TIPPETT
SECRETARY
Subject: Proposed replacement of Bridge No. 59 on SR 1304 over Sutton Creek in Perquimans
County. Federal Aid Project No. BRZ-1304 (7), State Project No. 8.2120401, TIP No.
B-4228.
The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program (EEP)
grant confirmation that you are willing to provide compensatory mitigation for the project in accordance
with the Memorandum of Agreement (MOA) signed July 22, 2003 by the USACE, the NCDENR and the
NCDOT.
NCDOT proposes to replace existing Bridge No. 59 over Sutton Creek [DWQ Index # 30-6-8-(1), Class
"C SW"], a warm water stream, on SR 1304 in Perquimans County. The project involves replacing the
bridge at the existing location using an off-site detour.
RESOURCES UNDER THE JURISDICTION OF SECTION 404 AND 401 OF THE
CLEAN WATER ACT.
We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible as
described in the permit application. The remaining impacts to jurisdictional resources will be
compensated for by mitigation provided by the EEP program. We estimate that permanent riverine
wetland impacts associated with the replacement bridge approach work will be 0.208-acre from road fill,
and clearing and grubbing activities.
The project is located in the Coastal Physiographic Province (Northern Outer Coastal Plain EEP
Ecoregion) in Perquimans County, in the Albemarle Sound Basin, Hydrological Cataloguing Unit
03010205. We propose to provide compensatory mitigation for the wetland impacts by using the EEP for
the 0.208-acre of impacts.
Please send the letter of confirmation to Mr. Bill Biddlecome (USACE Coordinator) at U. S. Army Corps
of Engineers Washington Regulatory Field Office, P.O. Box 1000, Washington, NC 27889-1000. Mr.
Wescott's FAX number is [phone]. The current let date for the project is December 19, 2006.
In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a
formal letter from EEP indicating their willingness and ability to provide the mitigation work requested
by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of
NCDWQ, with copies submitted to NCDOT.
Please respond to NCDOT in writing within 10 business days with an EEP acceptance letter for this
NCDOT project. If you have any questions or need additional information, please contact Mr. Tyler
Stanton at [e-mail] or [phone].
Sincerely,
Gregory J. Thorpe, Ph.D.,
Environmental Management. Director
Project Development & Environmental Analysis Branch
Cc:
Mr. John Hennessy, NCDWQ
Ms. Nicole Thompson, NCDWQ
Mr. Bill Biddlecome, USACE
Ms. Cathy Brittingham, NCDCM
Mr. Bill Arrington, NCDCM
Ms. Linda Fitzpatrick, NCDOT Natural Environment Unit
Mr. Majed Alghandour, P. E, NCDOT Project Management/Scheduling Unit
Mr. Todd Jones, NCDOT External Audit Branch

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
February 22, 2006
Mr. William D. Gilmore, P.E., Director
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Sir:
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LYNDO TIPPETT
SECRETARY
Subject: Proposed replacement of Bridge No. 59 on SR 1304 over Sutton Creek in Perquimans
County. Federal Aid Project No. BRZ-1304 (7), State Project No. 8.2120401, TIP No.
B-4228.
The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program (EEP)
grant confirmation that you are willing to provide compensatory mitigation for the project in accordance
with the Memorandum of Agreement (MOA) signed July 22, 2003 by the USACE, the NCDENR and the
NCDOT.
NCDOT proposes to replace existing Bridge No. 59 over Sutton Creek [DWQ Index # 30-6-8-(1), Class
"C SW"], a warm water stream, on SR 1304 in Perquimans County. The project involves replacing the
bridge at the existing location using an off-site detour.
RESOURCES UNDER THE.IURISDICTION OF SECTION 404 AND 401 OF THE
CLEAN WATER ACT.
We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible as
described in the permit application. The remaining impacts to jurisdictional resources will be
compensated for by mitigation provided by the EEP program. We estimate that permanent riverine
wetland impacts associated with the replacement bridge approach work will be 0.208-acre from road fill,
and clearing and grubbing activities.
The project is located in the Coastal Physiographic Province (Northern Outer Coastal Plain EEP
Ecoregion) in Perquimans County, in the Albemarle Sound Basin, Hydrological Cataloguing Unit
03010205. We propose to provide compensatory mitigation for the wetland impacts by using the EEP for
the 0.208-acre of impacts.
Please send the letter of confirmation to Mr. Bill Biddlecome (USACE Coordinator) at U. S. Army Corps
of Engineers Washington Regulatory Field Office, P.O. Box 1000, Washington, NC 27889-1000. Mr.
Wescott's FAX number is [phone]. The current let date for the project is December 19, 2006.
In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a
formal letter from EEP indicating their willingness and ability to provide the mitigation work requested
by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of
NCDWQ, with copies submitted to NCDOT.
Please respond to NCDOT in writing within 10 business days with an EEP acceptance letter for this
NCDOT project. If you have any questions or need additional information, please contact Mr. Tyler
Stanton at [e-mail] or [phone].
Sincerely,
Gregory J. Thorpe, Ph.D.,
Environmental Management. Director
Project Development & Environmental Analysis Branch
Cc:
Mr. John Hennessy, NCDWQ
Ms. Nicole Thompson, NCDWQ
Mr. Bill Biddlecome, USACE
Ms. Cathy Brittingham, NCDCM
Mr. Bill Arrington, NCDCM
Ms. Linda Fitzpatrick, NCDOT Natural Environment Unit
Mr. Majed Alghandour, P. E, NCDOT Project Management/Scheduling Unit
Mr. Todd Jones, NCDOT External Audit Branch

STATE OF NORTH CAROLINA
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rERe?'CH
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
June 5, 2006
U. S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, NC 27889-1000
Attention: Mr. William J. Biddlecome
NCDOT Coordinator
Dear Sir:
LYNDO TIPPETT
SECRETARY

Subject: Nationwide 23 Permit Application, for the proposed replacement of Bridge
No. 59 on SR 1304 over Sutton Creek in Perquimans County. Federal Aid
Project No. BRZ-1304 (7), State Project No. 8.2120401, TIP No. B-4228.
Please find enclosed the permit drawings, Categorical Exclusion (CE) Action Classification
Form, Natural Resource Technical Report (NRTR), and half-size plan sheets for the above
referenced project. The North Carolina Department of Transportation (NCDOT) proposes to
replace existing Bridge No. 59 on SR 1304 over Sutton Creek in Perquimans County. The
project involves replacement of the existing bridge structure with a 90-foot single span bridge at
approximately the same location and roadway elevation of the existing structure using top-down
construction. There will be 0.208-acre of permanent impacts to wetlands adjacent to Sutton
Creek. Traffic will be detoured off-site along surrounding roads, during construction.
Impacts to Waters of the United States
General Description: The project is located in the Albemarle Sound Basin (Hydrologic Unit
03010205). A best usage classification of "C SW" has been assigned to Sutton Creek [DWQ
Index # 30-6-8-(1)]. Neither High Quality Waters (HQW), Water Supplies (WS-I: undeveloped
watersheds or WS-II: predominately undeveloped watersheds), listed Section 303(d)
impairments, nor Outstanding Resource Waters (ORW) occur within 1.0 mile (1.6 km) of project
study area. Sutton Creek is not designated as a North Carolina Natural or Scenic River, or as a
national Wild and Scenic River. According to NCDCM, Sutton Creek does not fall under
CAMA Jurisdiction (see attached email, dated July 23, 2003).
Permanent Impacts: Wetlands adjacent to Sutton Creek will be impacted by the proposed project.
Construction of the proposed project will result in permanent impacts, including 0.065-acre of
fill and 0.143-acre of mechanized clearing (see permit drawings).
TemporaTy Impacts: No temporary impacts to jurisdictional resources will be necessary for the
construction of this project.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILkUNGTON STREET
1548 MAIL SERVICE CENTER WEBSITE. WWW.N000T.ORG RALEIGH NC
RALEIGH NC 27699-1543
Utility Impacts: No impacts to jurisdictional resources will occur due to relocation of utilities in
the project area. Existing utility lines are in conflict with the proposed project; however, all
utility work will be conducted in upland areas and existing road fill. Water lines will be replaced
using the directional bore method.
Bridge Demolition
The existing bridge consists of a reinforced concrete deck on timber joists with an asphalt-
wearing surface. The substructure is composed of timber end bents and interior bents consisting
of timber caps on timber piles. The bridge can be removed without dropping components into
Waters of the United States during construction. Best Management Practices for Bridge
Demolition and Removal will be followed to avoid any temporary fill from entering Waters of
the United States.
During project development, the NC Division of Marine Fisheries (DMF) recommended
restricting in-water work between February 15 and June 15. However, DMF suggested, if
turbidity curtains are utilized during construction, a moratorium is not necessary. Consequently,
NCDOT will use turbidity curtains as part of its erosion control practices.
Federally Protected Species
Prior to the completion of the CE on April 20, 2004, no federally protected species were listed
for Perquimans County. However, as of March 8, 2006 the US Fish and Wildlife Service
(USFWS) has listed bald eagle (Haliaeetus leucocephalus). A field survey on April 4, 2006
determined the Biological Conclusion for bald eagle is no effect, due to lack of suitable habitat.
Avoidance and Minimization
Avoidance examines all appropriate and practicable possibilities of averting impacts to "Waters
of the United States". Due to the presence of surface waters and wetlands within the project
study area, avoidance of all impacts is not possible. The NCDOT is committed to incorporating
all reasonable and practicable design features to avoid and minimize jurisdictional impacts.
Minimization measures were incorporated as part of the project design these included:
• Use of an off-site detour during construction.
• Use of turbidity curtains to control debris and protect aquatic life
• Construction of a 38-foot longer bridge
• The new structure will completely span Sutton Creek.
• Best Management Practices will also be utilized during demolition of the existing
bridge and construction of the new bridge.
Mitigation
The North Carolina Department of Environment and Natural Resources Ecosystem Enhancement
Program (EEP) will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the unavoidable impacts to 0.208 acre of wetlands. A
copy of the EEP Acceptance Letter, dated March 13, 2006, is attached.
NCDOT TIP B-4228 Page 2 of 3
Regulatory Approvals
Section 404 Permit: All aspects of this project are being processed by the Federal Highway
Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). The
NCDOT requests that these activities be authorized by a Nationwide Permit 23 (FR number 10,
pages 2020-2095, January 15, 2002).
Section 401 Certification: We anticipate 401 General Water Quality Certification number 3403
will apply to this project. All general conditions of the Water Quality Certifications will be met.
Therefore, in accordance with 15A NCAC 2H, Section .0500(a) and 15A NCAC 2B.0200, we are
providing copies of this application to the North Carolina Department of Environmental and
Natural Resources, Division of Water Quality for their review.
A copy of this application will be posted on the NCDOT website at:
http://www.doh.dot.state.nc.us/preconstruct/pe/neu/permit.html
Thank you for your time and assistance with this project. Please contact Tyler Stanton at
[e-mail] or [phone] if you have any questions or need additional
information.
Sincerely,
Gregory J. Thorpe, Ph.D.
11-C Environmental Management Director, PDEA
Cc W/attachment:
Mr. John Hennessy, NCDWQ (2 Copies)
Mr. Travis Wilson, NCWRC
Mr. Gary Jordan, USFWS
Mr. Ron Sechler, NMFS
Mr. Michael Street, NCDMF
Ms. Cathy Brittingham, NCDCM
Ms. Wanda Gooden, NCDCM
Dr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. Anthony Roper, P.E., Division 1 Engineer
Mr. Clay Willis, Division 1 Environmental Officer
Cc W/o attachment:
Mr. Scott McLendon, USACE, Wilmington
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P.E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Ms. Beth Harmon, EEP
Mr. Todd Jones, NCDOT External Audit Branch
Mr. Bill Goodwin, P.E., PDEA
NCDOT TIP B-4228 Page 3 of 3

o stem
E a event
PROGRAM
March 13, 2006
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
RE-C' I ED
MAR 16 2006
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pOEA OFF 4? r_? I'' " ' u' ;"' , .
??;r riirlr
B-4228, Bridge Number 59 over Sutton Creek on SR 1410, Perquimans
County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP)
will provide the compensatory riverine wetland mitigation for the subject project. Based on the
information supplied by you in a letter dated February 22, 2006, the impacts are located in CU
03010205 of the Pasquotank River Basin in the Northern Outer Coastal Plain (NOCP) Eco-Region,
and are as follows:
Riverine Wetlands: 0.208 acre
Mitigation for this project will be provided in accordance with the Memorandum of
Agreement between the N. C. Department of Environment and Natural Resources, the N. C.
Department of Transportation, and the U. S. Army Corps of Engineers. EEP will commit to
implementing sufficient compensatory riverine wetland mitigation to offset the impacts associated
with this project by the end of the MOA year in which this project is permitted. If the above
referenced impacts amounts are revised, then this mitigation acceptance letter will no longer be
valid and a new mitigation acceptance letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth Harmon
at 919-715-1929.
Sincerely,
am D. Gilmore, P.E.
EEP Director
cc: Mr. Bill Biddlecome, USACE-Washington
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-4228
R.est0rigg... E .. PrOt" Ou,Y State `' A
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1651 / 919-715-0416 / www.nceep.net
. , _.Eco stems
E-111,11 11 f iE?Mef
PROGRAM
March 13, 2006
Mr. Bill Biddlecome
U. S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
Dear Mr. Biddlecome:
Subject: EEP Mitigation Acceptance Letter:
B-4228, Bridge Number 59 over Sutton Creek on SR 1410, Perquimans
County; Pasquotank River Basin (Cataloging Unit 03010205); Northern
Outer Coastal Plain (NOCP) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide the compensatory riverine wetland mitigation for the unavoidable impact
associated with the above referenced project. As indicated in the NCDOT's mitigation request
letter dated February 22, 2006, the project will impact 0.208 acre of riverine wetlands.
Mitigation for this project will be provided in accordance with Section X of the
Memorandum of Agreement between the N. C. Department of Environment and Natural
Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers. EEP
commits to implement sufficient compensatory riverine wetland mitigation up to a 2:1 ratio to
offset the impacts associated with this project by the end of the MOA year in which this project is
permitted. If the impacts change from the above listed amount, then this mitigation strategy letter
will no longer be valid and a new mitigation strategy letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
& `f:Az1( &-
11111 D. Gilmore, P. E.
EEP Director
cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-4228
- _? > ..5?l• ?r .r .. .... -, .?l'v i.r,„i .. .-?`? - ,-.? _-i a ,_ ,.t., ??.? ?._ NtDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 21699-1652 / 919-115-0416 / www. nceep.nec
CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
A
TIP Project No.
State Project No.
WBS No.
Federal Project No
Project Description:
B-4228
8.2120401
33572.1.1
BRZ-1304(7)
RE'
GLiMAR UO U6
PM-OFFICE OF Ei ui 0ir' EV
B.
C
This project proposes to replace Bridge No. 59 on SR 1304 over Sutton Creek in
Perquimans County (See Figure 1). The bridge will be replaced with an 80-foot
long bridge in the same location and elevation as the existing bridge. The cross
section of the new bridge will include two 11-foot lanes with 3.0-foot minimum
shoulder offsets. Approach work will consist of resurfacing and tying into the
existing alignment for approximately 320 feet to the west and approximately 390
feet to the east of the existing bridge. Guardrail will be installed where
warranted. Traffic will be detoured along surrounding roads during construction
(See Figure 1 and Section D, Studied Detour Route.)
Purpose and Need:
Bridge Maintenance Unit records indicate the bridge has a sufficiency rating of
47.7 out of a possible 100 for a new structure. The existing bridge was
constructed in 1972. Bridge No. 59 has a timber substructure that has visible
signs of decay. The structural appraisal of the existing bridge is four out of a
possible nine. Therefore, the bridge is considered to be structurally deficient
according to FHWA standards and therefore eligible for FHWA's Highway
Bridge Replacement Program.
Proposed Improvements:
Circle one or more of the following Type II improvements which apply to the
project:
Modernization of a highway by resurfacing, restoration, rehabilitation,
reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking,
weaving, turning, climbing).
a. Restoring, Resurfacing, Rehabilitating, and Reconstructing
pavement (3R and 4R improvements)
b. Widening roadway and shoulders without adding through lanes
c. Modernizing gore treatments
d. Constructing lane improvements (merge, auxiliary, and turn lanes)
C. Adding shoulder drains
f. Replacing and rehabilitating culverts, inlets, and drainage pipes,
including safety treatments
g. Providing driveway pipes
h. Performing minor bridge widening (less than one through lane)
i. Slide Stabilization
j. Structural BMP's for water quality improvement
2. Highway safety or traffic operations improvement projects including the
installation of ramp metering control devices and lighting.
a. Installing ramp metering devices
b. Installing lights
c. Adding or upgrading guardrail
d. Installing safety barriers including Jersey type barriers and pier
protection
e. Installing or replacing impact attenuators
f. Upgrading medians including adding or upgrading median barriers
g. Improving intersections including relocation and/or realignment
h. Making minor roadway realignment
i. Channelizing traffic
j. Performing clear zone safety improvements including removing
hazards and flattening slopes
k. Implementing traffic aid systems, signals, and motorist aid
1. Installing bridge safety hardware including bridge rail retrofit
O3 Bridge rehabilitation; reconstruction, or replacement or the construction of
grade separation to.replace existing at-grade railroad crossings.
a. Rehabilitating, reconstructing, or replacing bridge approach slabs
b. Rehabilitating or replacing bridge decks
c. Rehabilitating bridges including painting (no red lead paint), scour
repair, fender systems, and minor structural improvements
Od Replacing a bridge (structure and/or fill)
4. Transportation corridor fringe parking facilities.
5. Construction of new truck weigh stations or rest areas.
6. Approvals for disposal of excess right-of-way or for joint or limited use of
right-of-way, where the proposed use does not have significant adverse
impacts.
7. Approvals for changes in access control.
8. Construction of new bus storage and maintenance facilities in areas used
predominantly for industrial or transportation purposes where such
construction is not inconsistent with existing zoning and located on or near
a street with adequate capacity to handle anticipated bus and support
vehicle traffic.
9. Rehabilitation or reconstruction of existing rail and bus buildings and
ancillary facilities where only minor amounts of additional land are
required and there is not a substantial increase in the number of users.
10. Construction of bus transfer facilities (an open area consisting of
passenger shelters, boarding areas, kiosks and related street
improvements) when located in a commercial area or other high activity
center in which there is adequate street capacity for projected bus traffic.
11. Construction of rail storage and maintenance facilities in areas used
predominantly for industrial or transportation purposes where such
D
construction is not inconsistent with existing zoning and where there is no
significant noise impact on the surrounding community.
12. Acquisition of land for hardship or protective purposes, advance land
acquisition loans under section 3(b) of the UMT Act. Hardship and
protective buying will be permitted only for a particular parcel or a limited
number of parcels. These types of land acquisition qualify for a CE only
where the acquisition will not limit the evaluation of alternatives,
including shifts in alignment for planned construction projects, which may
be required in the NEPA process. No project development on such land
may proceed until the NEPA process has been completed.
13. Acquisition and construction of wetland, stream and endangered species
mitigation sites.
14. Remedial activities involving the removal, treatment or monitoring of soil
or groundwater contamination pursuant to state or federal remediation
guidelines.
Special Project Information:
Estimated Costs:
Total Construction $ 475,000
Right of Way $ 60,000
Total $ 525,000
Estimated Traffic:
Current - 200 vpd
Year 2025 - 700 vpd
TTST - 1%
Dual - 2%
Proposed Typical Cross Section:
The existing roadway in the vicinity of the bridge will be widened to a 22-foot
pavement width to provide two 11-foot lanes with six-foot shoulders. The
shoulders will be widened out to nine feet where guardrail is required.
Design Speed:
60 mph
Design Exceptions:
A design exception will be required for horizontal sight distance.
Functional Classification:
Rural Local Route
Studied Detour Route:
The studied detour route utilizes SR 1303 and US 17. The total length of the
detour is approximately three miles long with an estimated time of delay of
approximately four minutes, which is acceptable based on the Draft NCDOT
Guidelines for Evaluation of Offsite Detours.
Division Office Comments:
Division 1 concurs with replacing Bridge No. 59 with a new bridge in the same
location and approximate roadway elevation as the existing structure. The
Division Construction Engineer agrees with detouring traffic on surrounding
roads during construction.
Bridge Demolition:
Bridge No. 59 is composed of a reinforced concrete deck on timber joists, and W-
beam guardrail. The substructure is composed entirely of timber. The overall
length of the structure is 52 feet. The clear roadway width is 27' 10". There is no
anticipated fill from Bridge Demolition into Sutton Creek.
Alternatives Discussion:
The no-build alternate for this project is not practical or feasible. The existing
bridge will continue to deteriorate necessitating eventual closure of the bridge.
This is unacceptable due to the traffic that SR 1304 serves.
Rehabilitation of the existing structure is not feasible. The substructure is
composed of timber, which is showing signs of decay. Therefore, it cannot be
rehabilitated.
Maintaining traffic onsite with a temporary structure is not feasible do to
environmental impacts. The expected delay on the detour route is four minutes.
Please reference the detour discussion under Section D, Studied Detour Route.
E. Threshold Criteria
The following evaluation of threshold criteria must be completed for Type II
actions
ECOLOGICAL YES NO
(1) Will the project have a substantial impact on any
unique or important natural resource? X
(2) Does the project involve habitat where federally
listed endangered or threatened species may occur? ? X
(3) Will the project affect anadromous fish?
(4) If the project involves wetlands, is the amount of
permanent and/or temporary wetland taking less than
one-tenth (1/10) of an acre and have all practicable measures

to avoid and minimize wetland takings been evaluated? ?
X
(5) Will the project require the use of U. S. Forest Service lands?
?
X
(6) Will the quality of adjacent water resources be adversely
impacted by proposed construction activities? X
(7) Does the project involve waters classified as Outstanding Water

Resources (OWR) and/or High Quality Waters (HQW)? ?
X
(8) Will the project require fill in waters of the United States
in any of the designated mountain trout counties? ? X
(9) Does the project involve any known underground storage
tanks (UST's) or hazardous materials sites? ? X
PERMITS AND COORDINATION YES NO
(10) If the project is located within a CAMA county, will the
project significantly affect the coastal zone and/or any

"Area of Environmental Concern" (AEC)? ?
X
(11) Does the project involve Coastal Barrier Resources Act

resources? ?
X
(12) Will a U. S. Coast Guard permit be required?
X

(13) Will the project result in the modification of any existing

regulatory floodway? ?
X
5
(14) Will the project require any stream relocations or channel ?
changes? X
SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO
(15) Will the project induce substantial impacts to planned

growth or land use for the area? ?
X
(16) Will the project require the relocation of any family or

business? ?
X
(17) Will the project have a disproportionately high and adverse
human health and environmental effect on any minority or

low-income population? ?
X
(18) If the project involves the acquisition of right of way, is the

amount of right of way acquisition considered minor? ?
X
(19) Will the project involve any changes in access control? ?
X

(20) Will the project substantially alter the usefulness

and/or land use of adjacent property? ?
X
(21) Will the project have an adverse effect on permanent
local traffic patterns or community cohesiveness? ? X
(22) Is the project included in an approved thoroughfare plan
and/or Transportation Improvement Program (and is,

therefore, in conformance with the Clean Air Act of 1990)? ?
X
(23) Is the project anticipated to cause an increase in traffic

volumes? ?
X
(24) Will traffic be maintained during construction using existing ?
roads, staged construction, or on-site detours? X
(25) If the project is a bridge replacement project, will the bridge
be replaced at its existing location (along the existing facility)
and will all construction proposed in association with the ?
bridge replacement project be contained on the existing facility? X
(26) Is there substantial controversy on social, economic, or
environmental grounds concerning the project? ? X
(27) Is the project consistent with all Federal, State, and local laws ?
relating to the environmental aspects of the project? X
(28) Will the project have an "effect" on structures/properties
eligible for or listed on the National Register of Historic Places? X
6
(29) Will the project affect any archaeological remains which are ?
important to history or pre-history? X
(30) Will the project require the use of Section 4(f) resources
(public parks, recreation lands, wildlife and waterfowl refuges,
historic sites, or historic bridges, as defined in Section 4(f)
of the U. S. Department of Transportation Act of 1966)? ? X
(31) Will the project result in any conversion of assisted public
recreation sites or facilities to non-recreation uses, as defined
by Section 6(f) of the Land and Water Conservation Act ?
of 1965, as amended? X
(32) Will the project involve construction in, across, or adjacent
to a river designated as a component of or proposed for
inclusion in the National System of Wild and Scenic Rivers? X
F. Additional Documentation Required for Unfavorable Responses in Part E
ITEM NO:
3. North Carolina Division of Marine Fisheries stated that anadromous fish are
found in this section of Sutton Creek. Therefore, an in-stream moratorium from
February 15 to June 15 will be in effect. If turbidity curtains can be used during
construction, the project may not be subject to the stated moratorium. NCDOT
will adhere to the "Stream Guidelines for Anadromous Fish Crossings."
4. The amount of wetland impact is estimated to be approximately 0.20 acre. This
estimate is based on preliminary plans and will be refined for the permit
application. All practical measures have been taken to avoid and minimize
impacts to the wetlands by replacing the existing bridge with a new bridge in the
same location and roadway elevation. The approach roadway typical section is
the minimium required for safety measures such as guardrail.
In accordance with provisions of Section 404 of the Clean Water Act, a permit
will be required from the US Army Corps of Engineers (USACOE) for discharge
of fill material into Waters of the United States. Due to the small amount of
estimated wetland impacts, a Section 404 Nationwide Permit is anticipated.
However, the type of permit will be determined during the final plan design stage.
G. CE Approval
TIP Project No.
State Project No.
WBS No.
Federal Project No
Project Description:
B-4228
8.2120401
33572.1.1
BRZ-1304(7)
This project proposes to replace Bridge No. 59 on SR 1304 over Sutton Creek in
Perquimans County. The bridge will be replaced with an 80-foot long bridge in
the same location and elevation as the existing bridge. The cross section of the
new bridge will include two 11-foot lanes with 3.0-foot minimum shoulder
offsets. Approach work will consist of resurfacing and tying into the existing
alignment for approximately 320 feet to the west and approximately 390 feet to
the east of the existing bridge. Guardrail will be installed where warranted.
Traffic will be detoured along surrounding roads during construction.
Categorical Exclusion Action Classification: (Check one)
TYPE II(A)
X TYPE II(B)
Approved:
dq
Date
?l0
Date
Date
I
Assistant Manager '
Project Development & Environmental Analysis Branch

Project Planning Unit Head J
Project Development & Environmental Analysis Branch
Project Planning Engineer
Project Development & Environmental Analysis Branch
For Type II(B) projects only:
V/M
Date
John F. Sullivan, III, Division Ac
Federal Highway Administration
PROJECT COMMITMENTS
Perquimans County
Bridge No. 59 on SR 1304 Over Sutton Creek
Federal Aid Project No. BRZ-1304(7)
State Project No. 8.2120401
WBS No. 33535.1.1
T.I.P. No. B4228
Division I Construction Engineer, Structure Design Unit
The proposed structure should be designed to facilitate top-down construction. If it is
determined that top-down construction cannot be used, then additional coordination with
the United States Army Corps of Engineers will be required.
No deck drains will be allowed to discharge directly into Sutton Creek.
Division 1 Construction Engineer, Structure Design Unit, Roadway Design Unit
This reach of Sutton Creek has potential as a travel corridor for anadromous fish.
Therefore, an in-stream moratorium will be in effect from February 15 to June 15. The
Stream Crossing Guidelines for Anadromous Fish Passage will be implemented, as
applicable. If turbidity curtains can be used during construction, the project may not be
subject to the stated moratorium.
Division I Construction Engineer, Project Development and Environmental Analysis
Branch, Roadway Design, Structure Design
The estimated impacts to wetlands is 0.20 acre, which exceeds 0.1 acre. Therefore,
mitigation for this project will be required. During the final design phase, every effort
will be made to continue to minimize impacts to the wetlands. A final estimate of
wetland impacts will be made during the final plan design phase.
Greensheet Sheet 1/1
Programmatic Categorical Exclusion,
PDEA
March 2004
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NeRiH` NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
j DIVISION OF HIGHWAYS
? =I
PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS BRANCH
?'?pF TR1•N`:4O
PERQUMIANS COUNTY
REPLACE BRIDGE NO. 59 ON SR 1304
OVER SUTTON CREEK
B-4228
Figure I
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North Carolina Department of Cultural Resourc
State Historic Preservation Office
David L. S. Brook, Administrator
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
April 29, 2003
MEMORANDUM
MAY 5 2003
?Mylr
ra?vEt4?'
Division of -`
sources
David J. Olson. Director
TO: Greg Thorpe, Manager
Project Development and Environmental Analysis Branch
NCDOT Division of Highways
FROM: David Brook SUBJECT: Replacement of Bridge No. 59 on SR 1304 over Sutton Creek, B-4228,
Perquimans County, ER03-0959
Thank you for your memorandum of April 7, 2003, concerning the above project.
We have conducted a review of the proposed undertaking and are aware of no historic
resources which would be affected by the project. Therefore, we have no comment on the
undertaking as proposed.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations for
Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the
above comment, contact Renee Gledhill-Earley, environmental review coordinator, at
919/733-4763. In all future communication concerning this project, please cite the above
referenced tracking number.
cc: Mary Pope Fun
www.hpo.dcr.state.nc.us
Location Mailing Addrn3 Telephone/Fax
ADMINISTRATION 507 N. Blount St., Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 [phone] • 733-8653
RESTORATION 515 N. Blount St., Raleigh NC 4613 Mail Scrvice Center, Raleigh NC 276 99-16 1 3 [phone] . 715-4801
SURVEY & PLANNING 515 N. Blount St., Raleigh NC 4618 Mail Service Center, Raleigh NC 2 7694-46 1 8 [phone] • 715-4801
NORTH CAROLINA
DEPARTMENT OF
TRANSPORTATION
P,0-7R-THC
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F TB
NATURAL RESOURCES
TECHNICAL REPORT
REPLACEMENT BRIDGE # 59
SR 1304 OVER SUTTON CREEK
PERQUIMANS COUNTY, NORTH CAROLINA
NCDOT TIP No. B-4228
March 2003
NORTH CAROLINA
DEPARTMENT OF
TRANSPORTATION
NATURAL RESOURCES
TECHNICAL REI'OlZ'lC
REPLACEMENT BRIDGE # 59
SR 1304 OVER SUTTON CREEK
PERQUIMANS COUNTY, NORTH CAROLINA
NCDOT TIP No. B-4228
March 2003
PREPARED BY:
HA87AT
ASSESS. r-NT ANO t?
RES fJRATION f '?(l
TABLE OF CONTENTS
Section Page
EXECUTIVE SUMMARY ..........................................................................ES-1
1.0 INTRODUCTION ...............................................................................................1
1.1 Project Description ....................................................................................1
1.2 Project Purpose .........................................................................................1
1.3 Methodology .............................................................................................2
1.4 Qualifications ............................................................................................3
1.5 Definitions .................................................................................................3
2.0 PHYSICAL RESOURCES ................................................................................4
2.1 Soils ..........................................................................................................4
2.2 Water Resources .......................................................................................5
2.2.1 Best Usage Classification ...............................................................5
2.2.2 Physical Characteristics of Surface Waters ....................................5
2.2.3 Water Quality ..................................................................................6
2.2.3.1 Benthic Macroinvertebrate Monitoring Network ............6
2.2.3.2 Water Quality Monitoring Data .......................................6
2.3 Summary of Anticipated Impacts .............................................................7
3.0 BIOTIC RESOURCES .......................................................................................7
3.1 Terrestrial Resources .............................................................................. ..8
3.2 Aquatic Resources .................................................................................. ..9
3.3 Summary of Anticipated Impacts ........................................................... 10
3.3.1 Terrestrial Impacts ........................................................................ 10
3.3.2 Aquatic Impacts ............................................................................ 10
4.0 JURISDICTIONAL TOPICS ..........................................................................11
4.1 Waters of the United States .....................................................................11
4. 1.1 Characteristics of Wetlands and Surface Waters ..........................11
4.2 Permit Issues ...........................................................................................12
4.2.1 Bridge Demolition ........................................................................13
4.2.2 Avoidance, Minimization, and Mitigation ....................................13
4.3 Protected Species ....................................................................................14
4.3.1 Federally Protected Species ..........................................................15
4.3.2 Federal Species of Concern and State Listed Species ..................15
5.0 CONCLUSIONS AND RECOMMENDATIONS ..........................................15
6.0 REFERENCES ..................................................................................................17
00166-118-018 1 March 2003
Natural Resources Technical Report - Bridge No. 59
FIGURES
Figure 1 - Project Location Map
Figure 2 - Study Area
Figure 3 - Terrestrial Communities
Figure 4 - NHP Occurrences
TABLES
Table 1 - Federal Species of Concern ...........................................................................15
APPENDICES
A Data Sheets
00166-t 18-018 it March 2003
Natural Resources Technical Report - Bridge No. 59
NATURAL RESOURCES TECHNICAL REPORT
BRIDGE NO. 59
SR 1304 OVER SUTTON CREEK
PERQUIMANS COUNTY, NORTH CAROLINA
NCDOT TIP NO. B-4228
1.0 INTRODUCTION
The North Carolina Department of Transportation (NCDOT) is planning to replace the above-
referenced bridge during Fiscal Year 2006. In support of this planned activity, HDR
Engineering, Inc. of the Carolinas (HDR) and Habitat Assessment and Restoration Program
(HARP) prepared the following Natural Resources Technical Report for the site.
1.1 Project Description
The proposed project is designed to replace Bridge No. 59 on SR 1304 over Sutton Creek
in Perquimans County (County), North Carolina (Figure 1). The current bridge structure
consists of concrete over steel with wood supports, spanning approximately 50 feet
[15.24 meters (m)] of stream. The current bridge is 28 feet (8.53 m) wide and 52 feet
(15.85 m) long.
The Study Area, depicted in Figure 2, is based on the project limits provided on the aerial
photograph in the October 28, 2002 Request for Environmental Input. This area includes
approximately 50 acres (0.20 km2) of land to the southeast and northwest of the existing
bridge. Land use within the Study Area is approximately 25 percent residential, 25
percent agricultural, and 50 percent forested.
1.2 Project Purpose
This report is submitted to assist in the preparation of a Categorical Exclusion (CE) for
the above-referenced project. The purpose of this report is to inventory and describe the
natural resources that occur within the proposed Study Area. Assessments of the nature
and severity of potential impacts to these natural resources are provided along with
recommendations for measures that will minimize resource impacts.
This report identifies areas of particular environmental concern that may affect the
selection of a preferred alignment or may necessitate changes in design criteria. Such
environmental concerns should be addressed during the preliminary planning stages of
the proposed project in order to maintain environmental quality in the most efficient
manner. The analyses contained in this document are relevant only in the context of the
existing preliminary Study Area. If the Study Area changes, additional field
investigations may be necessary.
00166-1 18-018 1 March 2003
Natural Resources Technical Report - Bridge No. 59

Some environmental effects could not be determined at this stage of the planning process
either due to the lack of design information or the season of the study. These effects are
identified in the appropriate section along with recommendations for future action.
1.3 Methodology
Natural resource information for the Study Area (Figure 2) was obtained from several
sources. Prior to an on-site evaluation of the Study Area, the Hertford 1:24,000
topographic quadrangle map from the United States Geological Survey (USGS) and the
Chowan and Perquimans Counties Soil Survey from the Natural Resource Conservation
Service (MRCS) were used to determine existing landscape and soil composition. Aerial
photography, supplied by NCDOT, was studied to identify hydrologic and environmental
features. The North Carolina Natural Heritage Program (NCNHP) database was used to
search for the presence of known populations of Federally threatened and endangered
species in the County and in the Hertford Quadrangle. In addition, the NCNHP database
was searched for Federal Species of Concern (FSC), as well as State listed species. The
United States Fish and Wildlife Service (USFWS) list of protected species for
Perquimans County was used to verify the NCNHP data and check for additional listed
species. North Carolina Division of Water Quality (NCDWQ) records were reviewed to
determine stream index number, classification, and National Pollution Discharge
Elimination System (NPDES) permits within the Project vicinity. The Pasquotank River
Basinwide Water Quality Plan was used to further characterize environmental resource
conditions at and around the project site (NCDENR, 1999). The North Carolina Wildlife
Resources Commission (NCWRC) Geographical Information System (GIS) database was
searched to identify proposed critical habitats for aquatic species.
Field investigations were conducted by HDR/HARP personnel (Section 1.4) on January
15, 2003. Water resources were identified, and their physical characteristics recorded on
field data sheets (Appendix A). Plant communities and their associated wildlife (or
potential wildlife habitat) were also identified and described. Terrestrial community
classifications generally follow Schafale and Weakley (1990) where applicable, and plant
taxonomy follows Radford, et al. (1968). Animal taxonomy follows Brigham et al.
(1982), Martof et al. (1980), Menhinick (1991), Potter et al. (1980), and Webster, et al.
(1985).
Vegetative communities were mapped based on aerial photography and field verified
during the site visit. Wildlife identification involved various techniques including
qualitative habitat assessment based on vegetative communities, active searching, and
identifying characteristic signs of wildlife (sounds, scat, tracks, burrows, etc.). Cursory
surveys of aquatic organisms were conducted and tactile searches for benthic organisms
were administered. Organisms captured during these searches were identified and
released.
Jurisdictional wetlands, if present, were identified and evaluated based on criteria
established in the U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual
00166-118-018 2 March 2003
Natural Resources Technical Report - Bridge No. 59
r
(USACE, 1987) and Guidance for Rating the Values of Wetlands in North Carolina
(NCDENR, 1995). Wetlands were classified using Cowardin, et al. (1979).
1.4 Qualifications
The following personnel performed and/or supervised the natural resource investigation
and preparation of this report. Each individual is listed with qualifications and areas of
involvement with the project.
Personnel: Responsibility:
Mr. Chris Matthews, M.S. Project Management
Section Manager Report QA/QC
HDR-Charlotte
Ms. Kerri Snyder, M.S. Preliminary Research
Environmental Scientist Field Inventory
HDR-Charlotte Report Preparation
Ms. Jaime Henkels, M.E.M. Preliminary Research
Environmental Scientist Field Inventory
HDR-Charlotte Report Preparation
Mr. Philip May Preliminary Research
Environmental Scientist Field Inventory
HDR-Raleigh Report Preparation
Mr. Joshua McSwain Preliminary Research
GIS Analyst Field Inventory
HDR-Charlotte Report Preparation
Dr. James F. Matthews, Ph.D. Field Inventory
Botanist Report Preparation
HARP-Charlotte
Mr. John T. Soule Field Inventory
Botanist/Surveyor Report Preparation
HARP-Charlotte
1.5 Definitions
For the purposes of this document, the following terms are used concerning the limits of
natural resource investigations. "Study Area" denotes the area bounded by the proposed
limits supplied by NCDOT on the aerial photograph (Figure 3). "Project Area" is
defined as the area within which the actual bridge reconstruction will eventually take
place.
00166-1 15-018 3
Natural Resources Technical Report - Bridge No. 59
March 2003
2.0 PHYSICAL RESOURCES
Soil and water resources that occur in the Study Area are discussed below with respect to
possible environmental concerns. Soil properties and site topography significantly influence the
potential for soil erosion and compaction, along with other possible construction limitations or
management concerns. Water resources within the Project Area present important management
limitations due to the need to regulate water movement and the increased potential for water
quality degradation. Excessive soil disturbance resulting from construction activities can
potentially alter both the flow and quality of water resources, limiting downstream uses. In
addition, soil characteristics and the availability of water directly influence the composition and
distribution of flora and fauna in biotic communities, thus affecting the characteristics of these
resources.
2.1 Soils
The County lies in the Outer Coastal Plain physiographic region of North Carolina. Flat
terrain, slow-moving streams and swamplands, and estuarine areas characterize the
landscape. Elevations in the project vicinity are less than 5 feet (1.5 m) above mean sea
level (msl).
Soil mapping units are based on the NRCS soil survey for the County (USDA, 1986).
The Study Area, located at the intersection of SR 1304 and Sutton Creek, is mapped as
Chowan silt loam (Thapto-Histic Fluvaquents), Chapanoke silt loam (Aerie
Ochraquults), and Perquimans silt loam (Typic Ochraquults). Chowan and Perquimans
soils are listed as hydric, while Chapanoke may contain inclusions of hydric soils.
One hydric soil type, Chowan, has been mapped within the Study Area. Chowan silt
loam soils consist of very poorly drained, nearly level acid soils on flood plains of small
streams that flow into the Albemarle Sound. The Chowan series is characterized by
moderately slow permeability. Most areas with these soils flood frequently for long
periods, and slopes in these areas range from 0 to 2 percent. Soils in this group generally
have a surface organic layer and contain inclusions of Dorovan muck.
Chapanoke silt loam soils consist of somewhat poorly drained, nearly level acid soils on
low flats along small streams that flow into the Albemarle Sound. Chapanoke soils are
characterized by having moderately slow permeability and a moderate water capacity.
This soil is frequently flooded for long periods and contains inclusions of hydric soils
Another hydric soil type, Perquimans, has been mapped within the Study Area. These
silt loam soils consist of poorly drained, nearly level soils on flats and depressions near
small streams that flow into the Albemarle Sound. This soil is characterized by having a
moderately slow permeability rate with the seasonal high water table at or near the
surface. Perquimans soils are very strongly acid or strongly acid.
00166-118-018 4 March 2003
Natural Resources Technical Report - Bridge No. 59
2.2 Water Resources
This section contains information concerning surface water resources likely to be
impacted by the proposed project. Water resource assessments include the physical
characteristics, best usage standards, and water quality aspects of the water resources,
along with their relationship to major regional drainage systems. Probable impacts to
surface water resources are also discussed, as are means to minimize impacts.
2.2.1 Best Usage Classification
Water resources within the Study Area are located in the Albemarle Sound Basin (USGS
Hydrologic Unit 03010205, NCDWQ Subbasin 03-01-52). There is one water resource
in the Study Area. SR 1304 crosses Sutton Creek, a third order tributary to Perquimans
River, which discharges into the Albemarle Sound. Sutton Creek is considered by
NCDWQ to be in the Pasquotank River Basin, as noted in Section 2.2.3.2.
Streams have been assigned a best usage classification by the NCDWQ that reflects water
quality conditions and potential resource usage. The classification for Sutton Creek
(NCDWQ Index No. 30-6-8-(1), 04/06/61) is Class C-Sw. This classification of waters is
protected for secondary recreation, fishing, wildlife, fish and aquatic life propagation and
survival, agriculture, and other uses suitable for Class C. Secondary recreation includes
those activities performed in an infrequent, unorganized, or incidental manner. Swamp
waters generally have a low pH, low dissolved oxygen, and very low velocities.
The North Carolina Coastal Resources Commission has recently adopted temporary
Coastal Shoreline Rules. These rules require a 30-foot setback from the normal high
water level of public trust waters and estuaries. This setback applies to all new
development, except water dependent uses. The proposed bridge replacement will not
require these setbacks.
2.2.2 Physical Characteristics of Surface Waters
Sutton Creek at SR 1304 has a channel width of approximately 50 feet (15.24 m) and a
water depth of up to approximately four feet (1.22 m). Bankfull width and height
measurements were not possible due to the coastal swamp nature of the stream. Sutton
Creek has a wide, forested flood plain swamp that has standing water for long periods.
Within the Study Area, Sutton Creek has a substrate composed of silt, organic material
and muck.
The Rosgen system of stream classification is not applicable to Sutton Creek in the
vicinity of the Study Area due to the coastal nature of the stream (1996). The forested
flood plain adjacent to the stream is frequently flooded for long periods by both rainfall
events, surface water flow, and groundwater input. In many areas, stream banks are not
defined. The stream has a very low-grade slope, which is characteristic of swampy areas
in the Coastal Plain.
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2.2.3 Water Quality
This section describes the quality of water resources within and downstream of the
Project Area. Potential sediment loads and toxin concentrations of these waters from
both point and nonpoint sources are evaluated. Water quality assessments are made
based on published resource information and existing general watershed characteristics.
These data provide insight into the value of water resources within the Project Area to
meet human needs and provide habitat for aquatic organisms.
2.2.3.1 Benthic Macroinvertebrate Ambient Network
The Basinwide Monitoring Program, managed by the NCDWQ, is part of an ongoing
ambient water quality monitoring program that addresses long-term trends in water
quality. The Program monitors ambient water quality by sampling at fixed sites for
selected benthic macroinvertebrate organisms, which are sensitive to water quality
conditions. Samples are evaluated on the number of taxa present of intolerant groups
[Ephemoptera, Plecoptera, Trichoptera (EPT)] and a taxa richness value (EPT S) is
calculated. A biotic index value is also calculated for the sample that summarizes
tolerance data for all species in each collection. The two rankings are given equal
weight in final site classification. The biotic index and taxa richness values primarily
reflect the effects of chemical pollution and are a poor measure of the effects of such
physical pollutants as sediment. There are no benthic monitoring stations on Sutton
Creek (NCDENR, 2002a).
2.2.3.2 Water Quality Monitoring
The Pasquotank River Basinwide Water Quality Plan does not rate Sutton Creek or
Perquimans River (NCDENR, 2002a). In addition, there are no NPDES facilities on
Sutton Creek. The nearest NPDES site to the Study Area is the Town of Hertford
Wastewater Treatment Plant (WWTP) on the Perquimans River (NCDENR, 2002b).
Land use within the Subbasin is approximately 32 percent forested/wetland, 28
percent surface water, 39 percent agriculture, and less than one percent urban
(NCDENR, 2002). Within the Sutton Creek watershed, a higher percentage of the
land usage is agriculture.
Non-point source discharges within the Study Area could occur from several sources.
The impervious roadway surface will discharge direct surface runoff during rainfall
events along with minimal amounts of potential pollutants present on the road
surface. Agricultural areas, forestry practices, and residential runoff through the
roadside drainage ditches may introduce nutrients, herbicides, or pesticides if used in
the area for lawn, timber, or crop management.
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2.3 Summary of Anticipated Impacts
Impacts to water resources in the Project Area are likely to result from activities
associated with project construction. Activities likely to result in impacts include
clearing and grubbing on stream banks, riparian canopy removal, in-stream construction,
fertilizers and pesticides used in revegetation, and pavement installation. The following
impacts to surface water resources are likely to result from the aforementioned
construction activities.
o Increased sedimentation and siltation downstream of the crossing and increased
erosion in the Project Area.
o Changes in light incidence and water clarity due to increased sedimentation and
vegetation removal.
o Alteration of water levels and flows due to interruptions and/or additions to surface
and ground water flow from construction.
o Changes in and destabilization of water temperature due to vegetation removal.
o Increased nutrient loading during construction via runoff from exposed areas.
o Increased concentrations of toxic compounds in roadway runoff.
o Potential increase of toxic compound releases, such as fuel and oil, from construction
equipment and other vehicles.
o Alteration of stream discharge due to silt loading and changes in surface and ground
water drainage patterns.
In order to minimize potential impacts to water resources in the Project Area, NCDOT's
Best Management Practices (BMPs) for the Protection of Surface Waters will be strictly
enforced during the construction phase of the project. In addition, NCDOT's Best
Management Practices for Bridge Demolition and Removal will be followed for Case 3
projects. Impacts can be further reduced by limiting in-stream activities and revegetating
stream banks immediately following completion of the grading. Uses of turbidity
curtains for this project were reviewed and investigated. If instream work is unavoidable,
the use of turbidity curtains in the stream should be evaluated by the project engineer.
The channel depth may allow the use of this device to prevent excessive siltation of the
downstream aquatic environment caused by disturbance to the stream substrate.
3.0 BIOTIC RESOURCES
Biotic resources include terrestrial and aquatic communities. This section describes the biotic
communities encountered in the Study Area, as well as the relationships between fauna and flora
within these communities. The composition and distribution of biotic communities throughout
the Study Area are reflective of topography, soils, hydrology, and past and present land usage.
Descriptions of the terrestrial systems are presented in the context of plant community
classifications. These classifications follow Schafale and Weakley (1990), where possible. In
addition to sitd-specific evidence of fauna, representative animal species that are likely to occur
in these habitats (based on published range distributions) are also listed.
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Scientific nomenclature and common names (when applicable) are provided for each animal and
plant species described. Subsequent references to the same organism refer to the common name
only, unless no common name is designated.
Biotic communities include terrestrial and aquatic elements. Much of the flora and fauna
described within biotic communities use resources from adjacent communities, making
boundaries between contiguous communities difficult to define.
3.1 Terrestrial Resources
There are four distinct terrestrial communities within the Study Area including residential
areas, swamp forest, disturbed upland forest, and loblolly pine farm. Each of these
communities is described below and shown in Figure 3. Ecotones or gradual changes
between communities are often present, but are not described separately unless large
enough to be considered a distinct area.
Residential Areas
Residential areas within the Study Area have few scattered trees. These are Loblolly pine
(Pinus taeda), Sycamore (Platanus occidentalis), Red maple (Ater rubrum), Atlantic
white cedar (Chamaecyparis thyoides), Sweet gum (Liquidambar styraciflua), and Hop
hornbeam (Ostrya virginiana). Fauna within this community are likely to be transient in
nature and reflect the faunal composition in adjacent communities.
Swamp Forest
A swamp forest is adjacent to Sutton Creek. This community may have historically been
a Coastal Plain Bottomland Hardwood or Cypress-Gum Swamp, but previous timber
harvesting has resulted in a mixed community with more rapidly colonizing wetland
species. This wetland is dominated by Red maple and Green ash (Fraxinus
pennsylvanica). Also present are Bald cypress (Taxodium distichum), American elm
(Ulmus americana), Sweet gum, and Yellow poplar (Liriodendron tulipifera). The
subcanopy contains Sweet gum, Pawpaw (Asimina triloba), Water ash (Fraxinus
caroliniana), Willow (Salix spp.), and Box elder maple (A. negundo). The shrub layer
contains Privet (Ligustrum sinense), Elderberry (Sambucus canadensis), Virginia willow
(Itea virginica), and Beautyberry (Callicarpa americana). The herb layer includes Giant
Cane (Arundinaria gigantea), Lizard's-tail (Saururus cernuus), Cottongrass bulrush
(Scirpus cyperinus), Ground ivy (Glecoma hederacea), and Violet (Viola spp.). Vines
present are Japanese honeysuckle (Lonicera japonica), Grape (Vitis spp.), Carolina
supplejack (Berchemia scandens), and Greenbrier (Smilax spp.). Within this community,
an abandoned roadbed exists to the north of the existing bridge. The banks of this area
are dominated by Sycamore, with Yellow poplar. In addition, portions of the area exhibit
signs of forestry activities such as stumps and ruts.
Fauna, or evidence of fauna, noted within this community included White-tailed deer
(Odocoileus virginianus), woodpeckers, and crayfish. Additional fauna likely to occur
within the community include Opossum (Didelphis virginiana), Marsh rabbit (Sylvilagus
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palustris), Muskrat (Ondatra zibethicus), and Raccoon (Procyon lotor). The long periods
of flooding limit the number of forage plants and makes permanent colonization of many
terrestrial mammal species unlikely, however, the woody debris and snags create shelter
opportunities for fauna, especially avian species. Wood ducks and other species of water
birds may inhabit this area, especially during the wet season.
Disturbed Upland Forest
A disturbed upland forest is also present to the west of the bridge at the edge of the
wetland area and along the road to the east of the bridge. The canopy in these areas is
composed of Sweet gum, Red maple, Southern red oak (Quercus falcata), Black cherry
(Prunus serotina), Black walnut (Juglans nigra), and Sycamore. The subcanopy contains
Atlantic white cedar, Green ash, Sweet gum, and Box elder maple. The shrub layer
includes Wax myrtle (Myrica cerifera), Pawpaw, Privet, Beautyberry, Spicebush
(Lindera benzoin) and Elderberry. Trumpetvine (Campsis radicans), Greenbrier, and
Japanese honeysuckle were also found. The herb layer includes Arrowleaf heartleaf
(Hexastylis arifolia) and Christmas fern (Polystichum acrostichoides).
Fauna likely to inhabit this area include Southeastern shrew (Sorex longirostris), Eastern
mole (Scalopus aquaticus), Red bat (Lasiurus borealis), Evening bat (Nycticeius
humeralis), Eastern cottontail (S. floridanus), Gray squirrel (Sciurus carolinensis),
Southern flying squirrel (Glaucomys volans), White-footed mouse (Peromyscus
leucopus), and Gray fox (Urocyon cinereoargenteus).
Loblolly Pine Farm
A Loblolly pine farm is present in the northeast portion of the Study Area. The trees are
young, with a dense growth of young hardwoods and shrubs. Present are Red maple,
Water oak, Sweet gum, Wax myrtle, Horse sugar (Symplocos tinctoria), Groundsel-tree
(Baccharis halimifolia), Greenbrier, Japanese honeysuckle, and Winged sumac (Rhus
copallina). Faunal community composition is likely to be similar to that of the disturbed
upland forest.
3.2 Aquatic Resources
There is one aquatic community, Sutton Creek, located in the Study Area. Physical
aspects of the aquatic community are described in Section 2.2. In addition, leaf litter and
woody debris are present in the stream channel. Algae are also common in the standing
water areas.
Macroinvertebrates found in this community include amphipods (Amphipoda). Mollusks
observed include clams (Sphaeriidae) and snails (Gastropoda). Crayfish (Decapoda)
were also found. Mussel survey data will be supplied by NCDOT.
Juvenile shiner were observed in the shallow areas of the swamp, but no adult fishes were
found within this community. The slow moving waters of Sutton Creek provide woody
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debris as habitat, however the stream exhibits low dissolved oxygen levels and a
relatively homogeneous substrate of silt and muck. Riffle/pool structure is lacking.
Overall, Sutton Creek within the Study Area is not likely to provide a diversity of fish
habitat. However, it may have potential as a spawning area for fish from the estuarine
areas downstream.
A review of the NCWRC database showed no occurrence of Significant Aquatic
Endangered Habitats within 1 mile (1.6 km) of the Study Area. There are no Essential
Fish Habitats or Anadromous Fish Spawning Areas within the Study Area. Construction
moratoria should be determined by consultation with the NCWRC and the National
Marine Fisheries Service.
3.3 Summary of Anticipated Impacts
Construction of the proposed project will have various impacts on the biotic resources
described in Sections 3.1 and 3.2. Any construction-related activities in or near these
resources have the potential to impact biological functions. This section describes
potential impacts to the natural communities within the Study Area in terms of the
communities and organisms affected. Estimates of impact areas are not included due to
the early stage of the planning process for this project. No estimates can be made until
the design and footprint of the bridge construction have been determined. However, the
natural community boundaries, shown in Figure 3, should be incorporated into the
development of alternatives and design of the replacement structure in order to minimize
impacts.
3.3.1 Terrestrial Impacts
Impacts to terrestrial communities will result from project construction due to the
widening, clearing, and paving of portions of the Project Area, and thus, the loss
of community area. The communities likely to be impacted by the Project include
disturbed residential areas, upland forest, and swamp forest. Loss of terrestrial
communities could minimally impact the habitat of local fauna. However, natural
communities occurring in the Study Area are shown in Figure 3 and may be used
during the development of alternatives and design of the replacement structure.
3.3.2 Aquatic Impacts
Impacts to the aquatic community of Sutton Creek will result from the
replacement of Bridge No. 59. Impacts are likely to result from the physical
disturbance of aquatic habitats (e.g., substrate and water quality). Disturbance of
aquatic habitats has a detrimental effect on aquatic community composition by
reducing species diversity and the overall quality of aquatic habitats. Physical
alterations to aquatic habitats can result in the following impacts to aquatic
communities. Overall, impacts will be temporary due to the short duration of
construction and expected stabilization activities.
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o Inhibition of plant growth.
o Clogging of feeding structures or filter feeding organisms and gills of fish.
o Burial of benthic organisms.
o Algal blooms resulting from increased nutrient concentrations, which deplete
dissolved oxygen supplies.
o Loss of benthic macroinvertebrates through scouring and deposition resulting
from an increased sediment load from storm water runoff from the road during
large storm events.
o Increased water temperatures due to removal of riparian canopy.
Impacts to aquatic communities can be minimized by strict adherence to the
BMPs for Protection of Surface Waters and for Bridge Demolition and Removal
and additional measures described in Section 2.3.
4.0 JURISDICTIONAL TOPICS
This section provides inventories and impact analyses pertinent to two significant regulatory
issues: Waters of the United States and rare and protected species. These issues retain particular
significance because of Federal and State mandates that regulate their protection. This section
deals specifically with the impact analyses required to satisfy regulatory authority prior to project
construction.
4.1 Waters of the United States
Surface waters and wetlands fall under the broad category of "Waters of the United
States", as defined in Section 33 of Code of Federal Regulations (CFR) Part 328.3. Any
action that proposes to dredge or place fill material into surface waters or wetlands falls
under the jurisdiction of the USACE under Section 404 of the Clean Water Act (33
U.S.C. 1344). Surface waters include all standing or flowing waters that have
commercial or recreational value to the public. Wetlands are identified based on the
presence of hydric soils, hydrophytic vegetation, and saturated or flooded conditions
during all or part of the growing season.
4. 1.1 Characteristics of Wetlands and Surface Waters
Criteria used to delineate jurisdictional wetlands include evidence of hydric soils,
hydrophytic vegetation, and hydrology. There are wetlands adjacent to Sutton
Creek within the Study Area. Physical descriptions of surface waters in the Study
Area are included in Section 2.2.
A ditch is present on the southeast side of the bridge. Due to the fact that it is
constructed within and adjacent to the wetland areas, this feature will likely be
considered jurisdictional. The ditch extends along the road and crosses the road at
the eastern extent of the Study Area. At this point it becomes non jurisdictional.
USACE and NCDWQ evaluation forms for this feature are included in Appendix
A.
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Wetlands are present both up- and downstream of the bridge and are adjacent to
the stream. This swamp forest area has predominately hydric organic soils and is
semi-permanently flooded. Butressed trees are present throughout the wetlands
along with other strongly hydrophytic vegetation listed in Section 3.1. The
swamp forest supplies several important functions including flood storage
capacity, water quality, and wildlife habitat. This resulted in a rating of 83 using
the NCDWQ Rating Form (Appendix A).
Impacts to jurisdictional surface waters are calculated based on the linear feet of
the stream that are located within the Study Area. Impacts to Waters of the
United States will likely include wetlands and stream channels.
4.2 Permit Issues
Unavoidable impacts to jurisdictional surface waters and wetlands are anticipated for the
proposed project. As a result, construction activities will require permits and
certifications from various regulatory agencies in charge of protecting the water quality
of public water resources.
A Nationwide Permit (NWP) 23 is likely to be applicable for all impacts to Waters of the
United States resulting from the proposed project. This permit authorizes activities
undertaken, assisted, authorized, regulated, funded or financed in whole, or part, by
another Federal agency or department where that agency or department has determined
that, pursuant to the Council on Environmental Quality (CEQ) regulation for
implementing the procedural provisions of the National Environmental Policy Act:
(1) the activity, work or discharge is categorically excluded from environmental
documentation because it is included within a category of actions which neither
individually nor cumulatively have a significant effect on the human environment;
and,
(2) the office of the Chief of Engineers has been furnished notice of the agency's or
department's application for the categorical exclusion and concurs with that
determination.
This project will also require a 401 Water Quality Certification from the NCDWQ prior
to the issuance of the NWP. Section 401 of the Clean Water Act requires that the State
issue or deny certification for any Federally permitted or licensed activity that may result
in a discharge to Waters of the United States. Section 401 Certification allows surface
waters to be temporarily impacted for the duration of the construction or other land
manipulation. The issuance of a 401 Certification from the NCDWQ is a prerequisite to
issuance of a Section 404 permit.
A NWP 33 may also be required if temporary construction measures are required. This
permit authorizes temporary access, dewatering, and construction activities for projects
already authorized by USACE or not requiring authorization. This permit does not
require notification to NCDWQ as long as all conditions of their certification are met.
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A Coastal Area Management Act (CAMA) permit may also be required by the North
Carolina Division of Coastal Management (NCDCM). Their jurisdiction, in this case,
could apply if Sutton Creek is considered a public trust water. Sutton Creek was
considered a public trust water 1.8 miles downstream during the permitting of the SR
1300 bridge replacement. NCDCM has been contacted and will determine their
jurisdiction on the site. This will be forwarded to NCDOT upon receipt.
4.2.1 Bridge Demolition
Bridge No. 59 is located on SR 1304 over Sutton Creek in the County. It is
constructed of wood, concrete, and steel. All efforts will be made to demolish the
bridge without dropping any materials into Waters of the United States.
However, there is some potential for materials to enter surface waters or wetlands
during construction. Compliance with the BMPs discussed previously will limit
these impacts to minimal levels. The NCDOT project engineer will complete
bridge materials and fill data at a later time
The B-4228 bridge replacement falls under Case 3 as described in the NCDOT
Best Management Practices for Bridge Demolition and Removal. Case 3 has no
special restrictions other than those outlined in Best Management Practices for
Protection of Surface Waters. There are no construction moratoria and no
evidence of protected species within the Project Area.
4.2.2 Avoidance, Minimization, and Mitigation
The USACE, through the CEQ, has adopted a wetland mitigation policy, which
embraces the concept of "no net loss of wetlands" and sequencing. The purpose
of this policy is to restore and maintain the chemical, biological, and physical
integrity of Waters of the United States; specifically, wetlands. Mitigation of
wetland impacts has been defined by the CEQ to include the following: avoiding,
minimizing, rectifying, reducing (over time), and compensating for impacts (40
CFR 1508.20). Each of these three aspects (avoidance, minimization, and
compensatory mitigation) must be considered sequentially.
Avoidance mitigation examines all appropriate and practicable possibilities of
averting impacts to Waters of the United States. According to a 1990
Memorandum of Agreement (MOA) between the U.S. Environmental Protection
Agency (EPA) and the USACE, in determining "appropriate and practicable"
measures to offset unavoidable impacts, such measures should be appropriate to
the scope and degree of those impacts and practicable in terms of cost, existing
technology, and logistics in light of overall project purposes.
Minimization includes the examination of appropriate and practicable steps to
reduce the adverse impacts to Waters of the United States. Implementation of
these steps will be required through project modifications and permit conditions.
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Natural Resources Technical Report - Bridge No. 59
Minimization typically focuses on decreasing the footprint of the proposed project
through the reduction to median widths, ROW widths, fill slopes, and/or road
shoulder widths.
Compensatory mitigation is not normally considered until anticipated impacts to
Waters of the United States have been avoided and minimized to the maximum
extent possible. It is recognized that "no net loss of wetlands" functions and
values may not be achieved in each and every permit action. Appropriate and
practicable compensatory mitigation is required for unavoidable impacts that
remain after all appropriate and practicable minimization has been required.
Compensatory actions often include restoration, creation, and enhancement of
Waters of the United States, specifically wetlands. Such actions should be
undertaken in areas adjacent or contiguous to the discharge site, if practicable.
Current NWP regulations require compensatory mitigation for those projects that
require notification to the USACE. In addition, NCDWQ requires mitigation for
impacts greater than 1.0 acres of wetlands and/or more than 150 linear feet (45.72
meters) of streams. For projects in or near streams or other open waters, a
common component of any compensatory mitigation plan is to establish and
maintain a vegetated buffer next to open waters within the Project vicinity.
Generally, the buffer is 25 to 50 feet wide on each side of the stream; however,
the District Engineer will determine whether or not the vegetated buffer is
required and, if necessary, the appropriate buffer width. The vegetated buffer
should consist of native species and cannot account for more than one third of
compensatory mitigation acreage.
The impacts from this project are anticipated to meet the minimum mitigation
thresholds; therefore, a mitigation requirement is anticipated. However, final
authority for the permit/mitigation decisions rests with the USACE.
Stream mitigation potential on-site is limited by the presence of the bridge, which
restricts the use of natural channel design. In addition, stream restoration of
swamp channels is not an established practice at this time.
Wetland mitigation opportunity should be evaluated for the removal of the old
roadbed materials and restoration of the swamp forest. However, this area is
removed from the immediate construction area and would need to be accessed
through two residences beyond the standard NCDOT Right-of-Way. This would
involve additional land acquisition.
4.3 Protected Species
Some populations of fauna and flora have been, or are, in the process of decline either
due to natural forces or their inability to co-exist with human development. Federal law
[under the provisions of the Endangered Species Act of 1973 (ESA), as amended]
requires that any action likely to adversely affect a species classified as Federally
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Natural Resources Technical Report - Bridge No. 59
protected, be subject to review by the U.S. Fish and Wildlife Service (USFWS). Other
species may receive limited additional protection under separate State laws.
4.3.1 Federally Protected Species
Plants and animals with Federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected
under the provisions of Sections 7 and 9 of the ESA, as amended. The USFWS
(last update: February 25, 2003) and NCNHP (last update: January 2003) list no
Federally protected species for the County.
A review of the NCNHP database of rare species and unique habitats shows no
occurrence of Federally protected species within 1 mile (1.6 km) of the Study
Area (NCDENR, 2002c).
4.3.2 Federal Species of Concern and State Listed Species
There is one FSC listed by the NCNHP for the County (Table 1). FSC are not
afforded Federal protection under the ESA and are not subject to any of its
provisions, including Section 7, until they are formally proposed or listed as
Threatened or Endangered. However, the status of these species is subject to
change and should be included for consideration. FSC are defined as species that
are under consideration for listing for which there is insufficient information to
support listing. In addition, organisms that are listed as Endangered (E),
Threatened (T), or Special Concern (SC) by the NCNHP list of Rare Plant and
Animal Species are afforded limited State protection under the North Carolina
State Endangered Species Act and the North Carolina Plant Protection and
Conservation Act of 1979.
Table 1 lists the FSC, the State status of each species (if afforded State
protection), and the potential for suitable habitat in the Project Area for each
species. A review of the NCNHP database of rare species and unique habitats
shows no occurrence within 1 mile (1.6 km) of the Study Area (NCDENR,
2002c). This species list is provided for information purposes as the protection
status of these species may be upgraded in the future.
TABLE 1
Federal Species of Concern
Common Name Scientific Name' State Potential
Status Habitat
LRafinesque's Big-eared Bat Corynorhinus rafinesquii T No
5.0 CONCLUSIONS AND RECOMMENDATIONS
Based on the natural resource investigation described in the preceding sections, the following
recommendations and considerations should be evaluated:
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Natural Resources Technical Report - Bridge No. 59
• BMPs should be implemented to assure minimal environmental degradation.
• Bridge replacement should occur on the north side of the existing structure, if possible,
due to the more extensive swamp forest on the south side of the road.
• Wetland impacts are anticipated and mitigation may be required by the USACE.
• USACE and NCDCM have been contacted to obtain concurrence regarding jurisdictional
wetlands and public trust waters. Responses will be forwarded to NCDOT upon receipt.
Permitting options should then be evaluated.
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Natural Resources Technical Report - Bridge No. 59
6.0 REFERENCES
Brigham, A.R., W.U. Brigham, and A. Gnilka. 1982. Aquatic Insects and Oligochaetes of North
and South Carolina. Midwest Aquatic Enterprises, Mahomet, IL.
Department of Defense. 2002. Federal Register. January 15, 2002. Issuance of Nationwide
Permits; Notice. National Archives and Records Administration. Washington DC.
Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and
Deepwater Habitats of the United States. U.S. Fish & Wildlife Service. Washington,
DC.
Lee, D.S., F.B. Funderburg, Jr., and M.K. Clark. 1982. A Distributional Survey of North
Carolina Mammals. Occasional Papers of the North Carolina Biological Survey 1982-
10.
Martof, B.S., W.M. Palmer, J.R. Bailey, J.R. Harrison, 111, and J. Dermid. 1980. Amphibians
and Reptiles of the Carolinas and Virginia. The University of North Carolina Press,
Chapel Hill, NC.
Menhinick, E.F. 1991. The Freshwater Fishes of North Carolina. North Carolina Wildlife
Resources Commission. Raleigh, NC.
North Carolina Department of the Environment and Natural Resources. 2002a. Pasquotank
River Basinwide Water Quality Plan. Division of Water Quality, Raleigh, NC.
2002b. List of Active NPDES Permits.
http://h2o.enr.state.nc.us/NPDES/permits.html#lists.
2002c. Natural Heritage Element Occurrences: Natura, 20020128. Division of Parks
and Recreation, Natural Heritage Program, Raleigh, NC.
1998. Anadromous Fish Spawning Areas. 19981201. Division of Marine Fisheries,
Raleigh, NC.
1995. Guidance for Rating the Values of Wetlands in North Carolina - Fourth Version.
Raleigh, NC.
Potter, E.F., J.F. Parnell, and R.P. Teulings. 1980. Birds of the Carolinas. The University of
North Carolina Press, Chapel Hill, NC.
Radford, A.E., H.E. Ahles, and C.R. Bell. 1968. Manual of the Vascular Flora of the
Carolinas. The University of North Carolina Press, Chapel Hill, NC.
Rosgen, D.L. 1994. A Classification of Natural Rivers, Catena 22 (1994): 169-199.
00166-118-018 17 March 2003
Natural Resources Technical Report - Bridge No. 59
Rosgen, D.L. 1996. Applied River Morphology. Wildland Hydrology Books, Pagosa Springs,
CO.
Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities' of North
Carolina - Third Approximation. North Carolina Natural Heritage Program. Raleigh,
NC.
United States Army Corps of Engineers. 1987. Corps of Engineers Wetland Delineation Manual
(Technical Report Y-87-1). Waterways Experiment Station, Vicksburg, MI.
United States Department of Agriculture, 1986. Soil Survey of Chowan and Perquimans
Counties, North Carolina. Natural Resource Conservation Service.
I
Webster, W.D., J.F. Parnell, and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia,
and Maryland. The University of North Carolina Press, Chapel Hill, NC.
00166-118-018 18 March 2003
Natural Resources Technical Report - Bridge No. 59
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Jubject: 2006 Bridge Projects
Date: Wed, 23 Rd 2003 14:37:10 -0400
From: Bill Arrington <BiII-Arrington(ancmail.net>
Organization: ivC DENR DCIM
To: "Goodwin, William" <bgoodwinLdot.state.nc.us>
CC: "Brittinvham, \"Cathy" <Cathy.BtittinRham(ancmail.net>
Hi Bill,
finally visited all the sites in the coastal counties.
The following are my comments for the proposed bridge replacement sites:
3-3811 - No DCM jurisdiction
3-4021 - No DCM jurisdiction
3-4022 - = have received no request or information
3-4023 - Public Trust Area (PTA) and Public Trust Shoreline (?TS) Areas
of Environmenta_ Concern (?.EC's) Yellow light project - access to the
farm road aoorosimatel_v 50' from the br-dge _n t'te north east quadrant
should be maintainec
3-4025 - ?TA and ?TS :?ZC's. yellow light project - Access to the roads
along the CreplC in the north east and north nest quadrants should be
maintained.
3-4027 - PTA and ?TS AEC's. Green 1-,ht project
3-4073 - PTA and PTS AEC's. Yellow light project - access to driveway
approximately 180 feet from the soul.": east corner of the bridge should
be maintained.
3-4085 - PTA and ?TS AEC's. Green __,ht project
' B-4088 - No DCM jurisdiction
3-4151 - No ACM jurisdiction
3-4224 - PTA and ?TS AEC's. Green light project
3-4
2
25 - No =4 ;ur-4i c::_ on
.
)
3-4225 - `1o JC.n_ ,ur_ZC_c-_on
5-4223 - 'to X:^ ;ur_sd_c:ion
3-4313 - 'to OC:n. jurisdiction
3-4420 - '.to 3(::! ,ulr_sd_ct_on
3-443' - Pmr d P-S
-4485 - ?T=. ac., _ ...
=C1aC .'1d'/?
.ne same
3n!1 :e.;11 :e .0n, _..?
_r?a c Lan c :Cr=- 3: . _ _ _ /G :. ?!-Q1n : •.id?1: . 'in i Lanes _ -
. :/,Y): . .: ,
.ietour br_uge o
r causew
general Per:?it a`-'', exeeedi^v
Or Pn5trllC?i.
tn,e the aliJw3ble
require y
n
coordination3Dpl1`ation rCr aqc. La br'dge on a new
al?d`ts `a Dujbu
-gnmernC
between COT a a-? w
p e
Co zd Ockm z oer-i1C as wei, aJ
rocess the oer:ait and addition amore
aopiicstion. al Came
Thank you
for explaini Q
app advance at? your er- ortstoyiisCo ? ,ss orthis years br-dce scooincs. r
oC the corunent 1. uta C 1e
S'nocth.LV.
?ne. _ !.Ls or Projects w
Bill e-d- b el _a?e nex year will work no re

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O DARYL TRUEBLOOD 183 CARTWRIGHT
SWAMP RD.
HERTFORD NC.27944
O EDNA MAE ARCHER 7205 KATIE LAUREL CT
FORT WASHINGTON MD.20744
O NIXON JR. V985 IRGINIA BEACH VA.23454
O JUNIOUS C. ARCHER 107 CARTWRIGHT
SWAMP RD.
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O LAURABELL C. PIERCE H714 ER BODY RD. 27944

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