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HomeMy WebLinkAbout20060309 Ver 1_Complete File_20060224 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ??e Cy MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY February 17, 2006 US Army Corps of Engineers Regulatory Field Office 6508 Falls of Neuse Road, Suite 120 Raleigh, NC 27615 ATTENTION: Mr. John T. Thomas, Jr. NCDOT Coordinator 060309 Dear Sir: Subject: Nationwide Permit 33 Application for the replacement of Bridge No. 28 on NC 801 over Withrow Creek, Rowan County. Federal Project No. BRSTP-0801(3), WBS No. 33597.1.1, State Project No. 8.1632201, T.I.P. No. B-4255: Division 9. Please see the enclosed copies of the Categorical Exclusion (CE), Pre-construction Notification (PCN), permit drawings, and design plans for the subject project. The North Carolina Department of Transportation (NCDOT) proposes to replace the 151-foot Bridge No. 28 over Withrow Creek with a new 3 span bridge approximately 165-feet in length. The new structure will be a 3-span box beam consisting of 1 span at 55-feet, 1 span at 75-feet, and 1 span at 35-feet. The bridge will be built utilizing top-down construction. A temporary causeway will provide access for construction of the center (75 foot) span section of the new bridge. A temporary onsite detour located east of the bridge will maintain traffic. IMPACTS TO WATERS OF THE UNITED STATES The project is located in the Yadkin River Basin (sub-basin 03-07-06) in Rowan County. This area is part of Hydrologic Cataloging Unit 03040102 of the South Atlantic-Gulf Coast Region. Withrow Creek is the only water resource in the project area. The project will result in temporary surface water impacts of 42 linear feet (0.008 acres) to Withrow Creek from the placement of a causeway. The causeway will be used to set the center span of 75 feet which spans the creek. There are no permanent impacts. Also, a temporary onsite detour will be located MAILING ADDRESS: LOCATION: NC DEPARTMENT OF TRANSPORTATION TELEPHONE: 919-715-1500 2728 CAPITAL BLVD. PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: 919-715-1501 PARKER LINCOLN BUILDING, SUITE 168 1598 MAIL SERVICE CENTER WEBSITE.' WWW.NCDOT.ORG RALEIGH NC 27604 RALEIGH NC 27699-1598 east of the bridge to maintain traffic during construction. The detour will span the creek and will not result in any jurisdictional impacts. Withrow Creek is a perennial stream, approximately 30 feet wide and 1 foot deep at NC 801. The substrate is composed primarily of sand. Withrow Creek has been assigned Stream Index Number 12-108-21-3 (8/1/98) by the N.C Division of Water Quality. Withrow Creek has a best usage classification of C. Best Management Practices for Protection of Surface Waters will be implemented. No designated Outstanding Resource Waters (ORW), High Quality Waters (HQW), Water Supply I (WS-1), or Water Supply (II), waters occur within 1.0 mile of the study corridor. Withrow Creek is not listed on the 2002 List of impaired waters [Section 303(d)] for the Yadkin Basin. Listed waters do not meet water quality standards or have impaired uses. Utility Impacts Portions of an existing 8" diameter water line, located near the bridge end bents on both sides of the creek, will be relocated. However, it will not be necessary to replace either the 16-inch diameter casing or the water line that crosses over the creek. There will be no jurisdictional impacts due to the relocation of portions of the water line. There will be power poles set temporarily within the construction easement on the eastern side of the bridge to allow for the construction of the new bridge. There will be no jurisdictional impacts due to the placement of the power poles. Bridge Demolition Existing Bridge No. 28 is a 4-span structure with an overall length of 151-feet. The average span length is 37.5-feet. Bridge No. 28 has a clear roadway width of 24-feet. The superstructure consists of a reinforced concrete deck with concrete rails on a substructure of timber piles with concrete caps and spill through abutments. There is potential that components of the bridge deck and rails may be dropped into waters of the United States during construction causing 56 cubic yards of fill to be temporarily placed into Waters of the United States. All guidelines for bridge demolition and removal will be followed in addition to Best Management Practices for the Protection of Surface Waters. Restoration Plan Following construction of Bridge No. 28, the onsite detour and all construction materials will be removed. The impact area associated with the bridge is expected to recover naturally, since the natural streambed and plant material will not be removed. NCDOT does not propose any additional planting in this area. Class 1 riprap and filter fabric will be used for bank stabilization. Pre-project elevations will be restored. NCDOT will restore the stream to its pre-project contours. Schedule: The project calls for letting of July 18, 2006 with a date of availability of August 29, 2006. It is expected that the contractor will choose to start construction in August. Removal and Disposal Plan: The contractor will be required to submit a reclamation for the removal of and disposal of all material off-site at an upland location. The contractor will use 2 excavation equipment for removal of any earthen material. Heavy-duty trucks, dozers, cranes, and various other pieces of mechanical equipment necessary for construction of roadways and bridges will be used on site. All material placed in the stream will be removed from the stream at that time. The contractor will have the option of reusing any of the materials that the engineer deems suitable in the construction of the project. After the erosion control devices are no longer needed, all temporary materials will become the property of the contractor. MITIGATION OPTIONS Despite the minimization strategies employed for the proposed project, the resulting temporary surface water impacts will be 42 linear feet (0.008 acres). Consequently, the project will not require compensatory mitigation, but avoidance and minimization practices will be implemented. AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION: The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining, unavoidable jurisdictional impacts. Avoidance measures were taken during the planning and NEPA compliance stages; minimization measures were incorporated as part of the project design. According to the Clean Water Act (CWA) §404(b)(1) guidelines, NCDOT must avoid, minimize, and mitigate, in sequential order, impacts to waters of the US. The following is a list of the project's jurisdictional stream avoidance/minimization activities proposed or completed by NCDOT: Avoidance/Minimization: • The proposed project includes complete bridging of Withrow Creek with no bents in the water, unlike the existing bridge. Reducing the number of bents in the water will allow for improved stream flow that will maintain the current water quality, aquatic habitat, and flow regime. • The new bridge will be built in the same location as the existing bridge. • No deck drains that would drain directly into Withrow Creek will be placed on the bridge. • Stormwater will be directed to grass lined ditches. • The design of the new bridge is such that backwater elevation will not encroach the current 100-year floodplain or modify flood characteristics. • Temporary construction impacts due to erosion and sedimentation will be minimized through implementation of stringent erosion control methods and use of Best Management Practices (BMPs). Mitigation: Based on the above considerations, it is determined that there is no practicable alternative to the proposed construction in jurisdictional waters of the US and that the proposed action includes all practicable methods to avoid and/or minimize jurisdictional stream impacts that may result from such use. Project impacts are temporary. There are no permanent impacts. Therefore, no mitigation is proposed. 3 FEDERALLY PROTECTED SPECIES Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of January 29, 2003, the United States Fish and Wildlife Service (USFWS) lists two federally protected species for Rowan County, the bald eagle (Haliaeetus leucocephalus) and Schweinitz's sunflower (Helianthus schweinitzii). Field surveys were conducted on September 19, 2005 for both species. Although appropriate habitat is present within the project right-of-way limits in the form of regularly maintained roadside shoulders, field or pasture edges, and utility easements, no individuals of Helianthus schweinitzii were observed during the September 2005 survey. A search of the North Carolina Natural Heritage Program, updated on March 31, 2005, revealed no occurrences of this species within 1 mile of the proposed project. Therefore, it can be concluded that the proposed project will have a Biological Conclusion of "No Effect" for Schweinitz's sunflower. The project area was also surveyed for bald eagle. No water bodies large enough to support this species occur within 1 mile of the project area. No nests or eagles were seen. Therefore, it can be concluded that the proposed project will have a Biological Conclusion of "No Effect" for bald eagle. Table 1. Species Under Federal Protection in Rowan Countv Common Name Scientific Name Federal Status Habitat Biological Conclusion Bald Eagle Haliaeetus leucoce halus T No No Effect Schweinitz's Helianthus schweinitzii E Yes No Effect Sunflower REGULATORY APPROVALS Section 404 Permit: Application is hereby made for the Department of Army Section 404 for the issuance of a Nationwide Permit 33 authorizing for the above-described activities and the use of a temporary causeway in the stream for bridge construction. Section 401 Permit: We also hereby request a 401 General Water Quality Certification (WQC) 3366. The NCDOT will adhere to all general conditions of these WQCs. Therefore, written concurrence from the NCDWQ is not required. In accordance with 15A NCAC 2H 0.0501(a) and 15A NCAC 2B 0.200 we are providing two copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as notification. 4 A copy of this permit application will be posted on the NCDOT Website at: http://www.nedot.or /g doh/preconstruct/pe/. If you have any questions or need additional information please call Ms. Deanna Riffey at (919) 715-1409. Sincerely, ?:'-Grego J. Thorpe, Ph.D. Environmental Management Director, PDEA w/attachment Mr. John Hennessy, NCDWQ (2 Copies) Ms. Marla Chambers, NCWRC Ms. Marella Buncick, USFWS Dr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Greg Perfetti, P.E., Structure Design Mr. S. P. Ivey, P.E., Division Engineer Ms. Diane Hampton, P.E., DEO w/o attachment Mr. Jay Bennett, P.E., Roadway Design Mr. Majed Alghandour, P. E., Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. Scott McLendon, USACE, Wilmington Mr. Elmo Vance, PDEA Project Planning Engineer Office Use Only: Form Version March 05 20 0 60 30 9 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Gregory J. Thorpe, Ph.D., Environmental Management Director Mailing Address: 1598 Mail Service Center Telephone Number: (919) 733-3141 Fax Number: (919) 733-9794 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: N/A Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Pagel of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Replacement of Bridge 28 on NC 801 over Withrow Creek 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-4255 3. Property Identification Number (Tax PIN): 4. Location County: Rowan Nearest Town: Salisbury Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From 70 travel south on NC 801 (Barber Junction Rd.) for approximately .75 miles 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.7078°N 80.6422°W 6. Property size (acres): 1.98 acres 7. Name of nearest receiving body of water: Withrow Creek 8. River Basin: Yadkin River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.ne.us/admin/inaps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The project area consists of a mixture forest, agriculture and private residences Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: Brid,ge No. 28 will be replaced on existing location. A temporary causeway will be constructed for use during construction of the bridge. Heavy duty excavation equipment will be used such as trucks dozers cranes and other various equipment necessary for roadway construction. An onsite detour will be used to maintain traffic. 11. Explain the purpose of the proposed work: The bridge is functionally obselete IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. NA V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. NA VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: see cover letter Page 3 of 9 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, se aratel list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream linear feet) Area of Impact (acres) NA Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0 acres 4. Individually list all intennittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Intermittent. Perennial Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact (acres) 1 Withrow Creek Temporary Perennial 30 42 (temp) .008 (temp) Total Stream Impact (by length and acreage) 42 .008 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma) Name pplicablle) Watee) (if applicable) Type of Impact Type of Waterbody (lake' pand estuary' sound bay' ocean, etc. Area of Impact (acres) NA Total Open Water Impact (acres) Page 4 of 9 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): .008 Wetland Impact (acres): 0 Open Water Impact (acres : 0 Total Impact to Waters of the U.S. (acres) .008 Total Stream Impact (linear feet): 42 (temp) 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Please refer to the cover letter Dace 3 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 5 of 9 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/newet]ands/stnn?l,,ide.htinl. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Compensatory mitigation is not needed. The project only has temporary impacts. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.cnr.state.nc.us/wm/indcx.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA Page 6 of 9 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ® No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 NA 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0244, or.0260. No mitigation is required Page 7 of 9 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. NA XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Page 8 of 9 XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). None 2v 16 t-, Applicant/Agent's Signature 'Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 1957 1959 B( ber . , . l0 3°ker M81 Rd ,? 7957 70 1958 1 ? ?? TO Cle I `1• l //?? ` , and i \,4n ?. 1741 Redmon Rd. P Y 1740 \ o- -Protect 0 Hill ° 8-4255 \ rt°?? Lt ao ' µ ithro+• W. Rowan ?i High Sch. Ebenezer Ch. VICINITY MAPS o \ ,1957 l 1526 NCDOT DIVISION OF HIGHWAYS ROWAN COUNTY PROJECT: 35597.1.1 (B-4255) BRIDGE NO. 28 OVER WITHROW CREEL: AND APPROACHES ON NC 801 SHEET I OF 10 418.rq 05 ,d Rd. 1739 (NOT TO SCALE) NORTH CAROLINA c Q Z Q g p o v W z W lJ.! J r O Z Z p b co W z "y ® O O z z z; U D U p r O «6'a'. A Z O J Q w @ \v Z O co I Z o r W F- N WITHROW CREEK A s? 4® Z? II -o w cd I I mCL. 11 ? \\y°GO\ \\O - E425'5" t ? / '1 ?, ?- ? ? :+'?, _ ? \;? `aim'`-??.`•?\/ - 63 2 tip. ? ;•,1 ??/ ii - ?, ?rr?= ' -`r_ Ll/ 1??' `$St3aCn X525 ' f -1 . ! ! i'• I+.... j- "T ??;_ .fit -_ _ ) / - ie, ? _Y- /?,_,, . NCD(O 1L DIVISION OF HIGHWAYS ROWAN COUNTY T ©P © MAP PROJECT: 33597.1.1 (B-4255) BRIDGE NO. 28 OVER SCALE: I" : 1500' WITHROW CREEP AND APPROACHES ON NC 801 JJ-i I • __ / ti r yo j t ?.. '774 ?? J-- t, L-'•Ct1-_ ? - ?'?. ? ?., - II III -I SHEET OF 10 4 / 8 / 05 Z m ? I? N 7N-? 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PROPERTY OWNERS NAMES AND ADDRESSES REFERENCE NO. NAMES ADDRESSES 1 John E. Gray & Wife 2 Earl W. RoonEz & Wife 2 Rebecca Jane Barber Floyd & Joyce Ann Barber 7655 NC Hwy 801 ME. Ulla, NC 28125 7285 NC Hwy 801 Salisbury, NC 28147 0 cn D -' o • r O Cl) W Cn r Q 1 p 1 30 + m o 0 ° + 1 J W U7 Cl) N m W a m 3 C1 x 0 ? (9 (D - 02 N G) v cn G D CL J 0 CD C O c CD w 1 112 T V O O O 0 6 Q. 21 CD C) CD 0 O 0 O O Q 7 O O O O T? N O O O O n 0 0 0 o P CL N m m o p o o z 0 ° 0 ° 0 ° 0 ° v v o o o o CL o N ? O O O O n 0 Cl) O O O O N (D = Z v O 0 0 0 0 0 0 ? 7 C -o Ua (D CL m 0 0 0 0 _ 0 O O n O 0 N ?. O O O O CL N to .D D .D n 0 o O O 1 `D /n C 0 0 0 0 n N 7 D 0 0 o O 3 c _ O 0 O C) O C:) O cn CD n N 3 ZT] w co 0 0 m D n m v > ? X D o = ? v :3 =3 > > (D n CD (0 ? .D i3 =r x C> o N o o 3 m>> -+ I I I I I I I l N CD O O O O CD C ?? i •n ?3°J 09/08/99 anvmm eaeae eu .oi.eass CONTRACT: 0201474 TIP PROJECT: B-4255 eu i ?e ¦ o F n =Y j? OY ¦r J ? N J p ¦¦? Y Z O ¦ rm O ?'O o? 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I I I ? tI, I i ! l l r { t < i < Ili X11 ?L L 1 Ij r . 1r ll ... . , I l ,, ? r ...,1 11 i LIE I r - I 7 1 ' i - 1 } , + I } I 1 1 I 1{ t ? ?? ?i- I r JI i I j r? l{ 1 jl l i 1 r N 0 1 w ho 111 ?_, i 1 i l I 1 1 ) { 1 1 'O t l 1 t 1:: ? l t 1. I? l ? 1 ( II 1+ II l I l l 1 l } l 1? l ? j . tl. 4.. 1 i ?1 ' r .i i I I I i 1 I r? ? I p 1-+ ? } L 1 ? .j ]l i I I I 1 I I? r 1 i , NC 801 (Bear Poplar Road) Bridge No. 28 Over Withrow Creek Rowan County Federal-Aid Project No. BRSTP-0801(3) State Project No. 8.1632201 T.I.P. No. B-4255 CATEGORICAL EXCLUSION AND PROGRAMMATIC SECTION 4(F) EVALUATION AND APPROVAL UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: ,3)10fbq ?q" ba0Wt,-,-) DATE Gregory J. orpe, Ph.D. Environmental Management Director Project Development & Environmental Analysis Branch, NCDOT 0- 3/10/0f ? DATE P'rJohn F. Sullivan, III Division Administrator Federal Highway Administration NC 801 (Bear Poplar Road) Bridge No. 28 Over Withrow Creek Rowan County Federal-Aid Project No. BRSTP-0801(3) State Project No. 8.1632201 T.I.P. No. B-4255 CATEGORICAL EXCLUSION AND PROGRAMMATIC SECTION 4(F) EVALUATION AND APPROVAL March 2004 Document Prepared by: Mulkey Engineers and Consultants Cary, North Carolina 27611 ???IotN u I I I I I,,,, ?N CAROZ ????0? ?ooeooooo /"9 eue° - ° ??OFESS/pN?: t? SEAL Date J. A. Bissett, Jr., PE = 14842 c Branch Manager % 1l NE%e: •' Q D 3 D Date all iams Project Manager For the North Carolina Department of Transportation Y Elmo Vance Project Manager Consultant Engineering Unit PROJECT COMMITMENTS NC 801 (Bear Poplar Road) Bridge No. 28 Over Withrow Creek Rowan County Federal-Aid Project No. BRSTP-0801(3) State Project No. 8.1632201 T.I.P. No. B-4255 In addition to the standard Nationwide Permit No. 23 Conditions, the General Nationwide Permit Conditions, Section 404 Only Conditions, Regional Conditions, State Consistency Conditions, NCDOT's Guidelines for Best Management Practices for the Protection of Surface Waters, Design Standards for Sensitive Watersheds, Best Management Practices for Bridge Demolition and Removal, General Certification Conditions, and Section 401 Conditions of Certification, the following special commitments have been agreed to byNCDOT: The following measures will be carried out for the replacement of Bridge No. 28: Structure Design Deck drainage will not be allowed to discharge directly into Withrow Creek. B4255 Rowan County, State Project Number 8.1632201, Federal Aid No. BRSTP-0801(3) February 2004 Green Sheet NC 801 (Bear Poplar Road) Bridge No. 28 Over Withrow Creek Rowan County Federal-Aid Project No. BRSTP-0801(3) State Project No. 8.1632201 T.I.P. No. B-4255 Introduction The replacement of Bridge No. 28 is included in the North Carolina Department of Transportation (NCDOT) 2004-2010 Transportation Improvement Program (TIP) and in the Federal-aid Bridge Replacement Program. The location of the bridge is shown in Figure 1. No substantial environmental impacts are anticipated. The project is classified as a federal "Categorical Exclusion." 1. Purpose and Need The NCDOT Bridge Maintenance Unit's records indicate that Bridge No. 28 has a sufficiency rating of 49.6 out of a possible 100 for a new structure. The bridge is considered functionally obsolete. The replacement of this inadequate structure will result in safer, more efficient traffic operations. H. Existing Conditions Bridge No. 28 is located on NC 801 (Bear Poplar Road) over Withrow Creek in Rowan County. The project is approximately 9 miles (14.5 kilometers) west of the town of Salisbury, 0.3 miles (0.48 kilometers) south of the junction of NC 801 and SR 1739. Barber Farm, a historic property listed on the National Register of Historic Places, is located on the northwest side of Bridge No. 28. The existing bridge is a four-span structure with an overall length of 151 feet (46 meters). The average span length is 37.5 feet (11.4 meters). Bridge No. 28 has a clear roadway width of 24 feet (7.2 meters). It was constructed in 1948. The bridge consists of a reinforced concrete superstructure with concrete rails on a substructure of timber piles with concrete caps and spill through abutments. Bridge No. 28 has a posted weight limit of 33 tons (29.9 metric tons) for single vehicles, and legal gross weight for truck- tractor semi-trailers (TTST). The approach roadway consists of two 10-foot (3.0-meter) travel lanes with 5-foot (1.5-meter) grass shoulders. No utilities are attached to Bridge No. 28. Aerial power lines and a natural gas pipeline run parallel to NC 801 on the west side. A 6-inch (15-centimeter) diameter wastewater treatment discharge pipe is located on the west side of NC 801, approximately 30 feet (9.2 meters) from the bridge. A buried fiber optics cable and an 8-inch (20.3-centimeter) water line are located parallel to the roadway on the cast side. It is anticipated that utility impacts will be low. NC 801 is a two-lane facility classified as a rural major collector in the statewide functional classification system. NC 801 has a posted speed limit of 55 miles per hour (90 kilometers per hour) in the vicinity of Bridge No. 28. Land use in the project area is generally agricultural and woodlands. West Rowan High School is located approximately 0.57 miles (0.92 kilometers) south of the project on NC 801. The 2004 estimated average daily traffic (ADT) is 5,200 vehicles per day (VPD). The projected ADT for design year 2030 is 11,200 VPD. The percentages of truck traffic are 6% duals and 3% truck-tractor semi-trailers. B-4255 Rowan County, State Project Number 8.1632201, Federal Aid No. BRSTP-0801(3) Page 1 C. Alternatives Eliminated from Further Study The "do-nothing" alternative will eventually necessitate removal of the existing structure and closure of NC 801. This is not desirable due to the service provided by NC 801. Investigation of the existing structure by the NCDOT Bridge Maintenance Unit indicates that the bridge cannot be rehabilitated due to the deteriorated condition. Replacement of the bridge at its existing location with an off-site detour along SR 1743, US 70, and NC 801; or NC 801, SR 1526, SR 1728, US 70, and NC 801, for a distance ranging from 8.0 to 9.3 miles (12.9 to 15 kilometers) was considered. This alternative is not desirable because of the increased time and expense that would be incurred by the Rowan County-Salisbury School System in rerouting the 30 daily bus trips crossing the bridge, and the increased response time for emergency medical services. D. Preferred Alternative Alternative B, replacing Bridge No. 28 at the existing location using a temporary on-site detour located just east of the bridge, is the preferred alternative. This alternative was selected because it minimizes impacts to a historic property in the project area and provides continuous service along NC 801. The Division Construction Engineer concurs with Alternative B as the preferred alternative. E. Anticipated Design Exceptions A design exception is not anticipated for this project. IV. Estimated Cost The estimated costs of the bridge replacement, based on current prices, are as follows: Table 1. Construction Cost Estimate Alternatives A B referred Structure Removal $ 35,330.00 $ 35,330.00 Proposed Structure 372,000.00 372,000.00 Temporary Detour Structure 134,550.00 134,550.00 Temporary Detour Approaches 67,880.00 83,000.00 Roadway Approaches 237,130.00 265,880.00 Traffic Control 13,600.00 13,600.00 Miscellaneous and Mobilization 224,660.00 244,400.00 Engineering Contingencies 164,850.00 201,240.00 -ROW/Const. Easements/Utilities 80,400.00 101,000.00 TOTAL $ 1,330,400.00 $ 1,451,000.00 The estimated cost of the project as shown in, the 2004-2010 Transportation Improvement Program is $1,190,000, including $90,000 for right-of-way; $900,000 for construction and $200,000 in prior years. B-4255 Rowan County, State Project Number 8.1632201, Federal Aid No. BRSTP-0801(3) Page 3 Chewacla loam, 0-2% slope (ChA) is a very deep, somewhat poorly drained hydric soil found on floodplains along streams and drainageways in the Piedmont region. Permeability is moderate with frequent flooding and depth to the seasonal high water table is 0.5 to 1.5 feet (0.15 to 0.45 meters) below the surface. Chewacla soils contain hydric inclusions. Enon fine sandy loam, 8-15% slope (EnC) is a very deep, well-drained soil found on narrow ridged and side slopes in the Piedmont. Bedrock depth is typically greater than 5 feet (1.5 meters). This soil has slow permeability and high shrink-swell potential. Poindexter-Mocksville complex, 15-25% slope (PxD) is an equally proportioned combination of the Poindexter and Mocksville series with steep slopes. Both soil series are found along very narrow ridges and side slopes in the Piedmont and are relatively well-drained and moderately permeable. Depth to the seasonal high water table is greater than 6 feet (1.8 meters) below the surface. The main limitations of this soil are related to steep slope and potential for erosion. Zion-Enon complex, 8-15% slope (ZeC) is a combination of the Zion and Enon series commonly found on narrow ridges and side slopes in Piedmont uplands. They are moderately to very deep, well-drained, and have slow to moderately slow permeability. Depth to the seasonal water table is greater than 6 feet (1.8 meters), with no flooding. The limitations of this soil are related to moderate slopes and slow permeability. C. Water Resources 1. Waters Impacted The project study area is located within sub-basin 03-07-06 of the Yadkin-Pee Dee River Basin (DWQ 2002) and is part of USGS Hydrologic Unit No. 03040102 (USGS 1974). Bridge No. 28 on NC 801 crosses Withrow Creek, a tributary to Second Creek, which drains into the South Yadkin River. Withrow Creek has been assigned Stream Index Number (SIN) 12-108-21-3 by the DWQ from its source to its confluence with Second Creek (DENR 1998). No other streams or tributaries occur within the project study area. No jurisdictional wetlands are located within the project study area. 2. Water Resource Characteristics Withrow Creek originates at its confluence with South Fork Withrow Creek and runs approximately 10 miles (16 kilometers) to its confluence with Second Creek, east of the project study area. The creek's drainage area is approximately 45.1 square miles (72.6 square kilometers). At NC 801, the creek is approximately 30 feet (9 meters) wide and one foot (0.3 meter) deep. The substrate is composed primarily of sand. A 6-inch (15 centimeter) wastewater treatment plant discharge pipe is located approximately 30 feet (9.1 meters) west (upstream) of the project. a. Benthic Macroinvertcb rate Monitoring System Rating -One method used by DWQ to monitor water quality is long-term monitoring of macroinvertebrates. The -- - - closest benthic monitoring station, B-30, on Withrow Creek is located on SR 1547 approximately 4.0 miles (6.4 kilometers) upstream of the project study area. This monitoring station received a bio- classification of Good-Fair in 1996 and 2001 (DWQ 2002). B-4255 Rowan County, State Project Number 8.1632201, Federal Aid No. BRSTP-0801(3) Page 5 include: the use of dikes, berms, silt basins, and other containment measures to control runoff and the elimination of construction staging areas in floodplains and adjacent waterways. Disturbed sites will be revegetated with herbaceous cover after any temporary construction impacts. If revegetation is required along stream banks, tall fescue (Festuca elatior var. arundinacea) would not be considered appropriate for use. The proposed bridge replacement will allow for continuation of pre-project flows in Withrow Creek, thereby protecting the integrity of the waterway. Long-term impacts to adjacent reaches resulting from construction are expected to be negligible. In order to minimize impacts to water resources, the NCDOT Best Management Practices for the Protection of Surface Waters will be strictly enforced during the life of the project. 6. Impacts Related to Bridge Demolition and Removal Section 402-2 of NCDOT's Standard Specifications for Roads and Structures is labeled "Removal of Existing Structure." This section outlines restrictions and Best Management Practices for Bridge Demolition and Removal (BMP-BDRs), as well as guidelines for calculating maximum potential fill in the creek resulting from demolition. The superstructure of Bridge No. 28 consists of reinforced concrete rails and deck. The substructure is composed of reinforced concrete caps on timber piles. The bridge consists of four spans totaling 151 feet (46.1 meters) in length, with a total width of 25.3 feet (7.7 meters). The potential exists for the concrete deck and caps to be dropped into Waters of the United States during demolition and removal. Although no fill is anticipated from removal, total maximum temporary fill associated with the removal of Bridge No. 28 is approximately 56 cubic yards (51.2 cubic meters). With respect to bridge demolition guidelines, this project would be classified as a Case 3. This requires no special restrictions for in-water work other than those outlined in Best Management Practices for Protection of Surface Waters. This conclusion is based upon agency comments, and classification of waters within the project area. D. Biotic Resources 1. Plant Communities Four distinct plant communities occur within the project study area: disturbed/maintained, floodplain forest, upland forest, and agriculture. Distribution and composition of plant communities throughout the project study area reflect landscape-level variations in topography, soils, hydrology, and past and present land use practices. When appropriate, the plant community names have been adopted and modified from the NBP classification system (Schafale and Weakley, 1990) and the descriptions written to reflect local variations within the project study area. The characteristics of each plant community are summarized below. B-4255 Rowan County, State Project Number 8.1632201, Federal Aid No. BRSrP-0801(3) Page 7 Table 2. Anticipated Impacts to Terrestrial and Aquatic Communities (acres/hectares) Disturbed/ Floodplain Upland Agriculture Aquatic Bridge No. 28 Maintained Forest Forest Community Alternatives acre/hcctare acre/hectare acre/hectare acre/hectare acrethectare A 0.84/0.34 0.20/0.08 0.34/0.14 0.19/.08 0.02/0.008 B 0.57/0.23 0.36/0.14 0.40/0.16 0.29/.12 0.02/0.008 - Terrestrial impacts were calculated to the pavement. - Aquatic impacts were calculated by using the length times the additional width of the proposed bridge over water. - Actual impacts may be less than those indicated. Calculations shown represent a worst-case scenario. 3. Terrestrial Wildlife The project study area was visually surveyed for signs of terrestrial and aquatic wildlife. Maintained/Disturbed communities adjacent to forested tracts provide rich ecotones for foraging, while the forests provide additional forage and cover. Common mammals and birds associated with the plant communities in the project area include least shrew (Cryptotis parva), southern short-tailed shrew (Blarina carolinensis), raccoon (Procyon lotor), gay squirrel (Sciurus carolinensis), white-tailed deer (Odocoileus virginianus), Virginia opossum (Didelphis virginiana), northern mockingbird (emus polyglottos), northern cardinal (Cardinalis cardinalis), Carolina chickadee (Poecile carolinensis), tufted titmouse (Baeolophus bicolor), European starling (Stun= vulgaris), and common grackle (Quiscalus quisula). The agricultural community provides habitat for mourning dove (Zenaida macroura) and bobwhite (Colinus virginianus). 4. Aquatic Wildlife Communities Withrow Creek, a jurisdictional stream channel, provides the only aquatic community in the study area. Limited surveys through visual observation of the aquatic habitat were conducted, but no aquatic species were observed. Dragonflies, damselflies, and snails (Elimia spp.) were observed in the project study area. 5. Anticipated Impacts to Biotic Communities a. Terrestrial Communities The replacement of Bridge No. 28 is expected to involve minor impacts to the terrestrial communities located within the project study area. Impacts resulting from bridge replacement are generally limited to narrow strips adjacent to the existing bridge structure and roadway approach segments. The use of on- site detours will result in temporary impacts to terrestrial communities adjacent to the Withrow Creek. The area of the plant communities within the project study area is presented in Table 2; however, actual impacts will be limited to the designed right-of-way and permitted construction limits. Due to the anticipated limited encroachment on natural communities, the proposed bridge replacement will not result in substantial loss or displacement of known terrestrial wildlife populations. Wildlife movement corridors will not be substantially impacted by the proposed project. Wildlife known to utilize the project study area are generally acclimated to fragmented landscapes. B4255 Rowan County, State Project Number 8.1632201, Federal Aid No. BRSTR0801(3) Page 9 2. Permits a. Section 404 of the Clean Water Act In accordance with provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the USACE for the discharge of dredged or fill material into "Waters of the United States." No jurisdictional wetlands will be impacted by the preferred alternative. Potential impacts to surface waters may be avoided if bridge demolition does not result in material falling into surface waters. The proposed project will be processed as a Categorical Exclusion (CE) under FHWA guidelines. Nationwide Permit (NWP) #23 (33 CFR 330.5(a)(23)) is typically issued by the USACE for CEs due to their expected minimal impacts. It is anticipated that this project will fall under NWP 23. b. Section 401 Water Quality Certification This project will require a Section 401 Water Quality General Certification from the DWQ. Section 401 of the Clean Water Act requires that the state issue or deny water quality certification for any federally permitted or licensed activity that may result in a discharge into Waters of the United States. Written concurrence from DWQ is not required unless one or more standard conditions of this certification cannot be met. C. Bridge Demolition and Removal If no practical alternative exists to remove the current bridge other than to drop it into the water, prior to removal of debris off-site, fill related to demolition procedures will need to be considered during the. permitting process. A worst-case scenario should be assumed with the understanding that if there is any other practical method available, the bridge will not be dropped into the water. Permitting should be coordinated such that any permit needed for bridge construction should also address issues related to bridge demolition. Since the deck and substructure are composed of concrete and steel, there is potential for components of the bridge to be dropped into "Waters of the United States" during bridge removal. 3. Mitigation No impacts to jurisdictional wetlands are anticipated as a result of the proposed bridge replacement project. Project construction cannot be accomplished without infringing upon jurisdictional surface waters. These impacts are expected to be temporary in nature, with no permanent placement of fill within the stream. No modifications to the stream channel are proposed. The preferred alternative, Alternative B, minimizes permanent impacts to Withrow Creek and its floodplain by replacing Bridge No. 28 at the existing location. Utilization of BMPs in the design and construction of the replacement bridge will also minimize impacts. An off-site detour to further minimize impacts was considered but not chosen due to hardship placed upon the Rowan County-Salisbury School System. Compensatory mitigation is not proposed for this project due to the limited nature of the anticipated project impacts. Temporary impacts to floodplains associated with construction activities will be mitigated by replanting disturbed areas with native species and through removal of temporary fill material upon project completion. Fill or alteration of more than 150 linear feet (45.8 linear meters) of stream channel or 0.10 acre (0.04 hectares) of wetlands may require compensatory mitigation in B-4255 Rowan County, State Project Number 8.1632201, Federal Aid No. BRSI?-Ml (3) Page 11 (5 to 17.8 centimeters) in width, lance-shaped and usually opposite, with upper leaves alternate. Leaves feel like felt on the underside and rough, like sandpaper, on the upper surface. Flowers are yellow composites, and generally smaller than other sunflowers in North America. Flowering and fruiting occur mid-September to frost. This plant grows in clearings and along the edges of upland woods, thickets, and pastures. It is also found along roadsides, power line clearings, old pastures, and woodland openings. It prefers full sunlight to partial shade. Biological Conclusion: May Affect - Not Likely to Adversely Affect Potential habitat for Schweinitz's sunflower occurs along roadsides, power line rights-of-way, and field edges throughout the project area. The project study area was evaluated for potential Schweinitz's sunflower habitat and extensive field surveys were performed in September 2001, which is during the flowering time for the species. No populations were found within the project study area. The NHP's database of rare species and unique habitats was reviewed on May 9, 2003. No populations of this species have been reported in the project area. Therefore, the proposed project is not expected to result in an adverse impact to this species. 2. Federal Species of Concern The February 25, 2003 USFWS list of federally-protected species includes a category of species designated as "Federal Species of Concern" (FSC). The FSC designation provides no federal protection under the ESA for the species listed. The presence of potential suitable habitat (Amoroso and Finnegan 2002, LeGrand, et al. 2001) within the project study area has been evaluated for the FSC listed for Rowan County. This data is summarized in Table 4. Table 4. Federal Species of Concern for Rowan County Common Name Scientific Name NC Status Habitat Present? Carolina Darter Etheostoma collis collis SC Yes Georgia aster Aster georgianus* T Yes Heller's trefoil Lotus helleri C Yes Robust redhorse Moxostoma robustum SR (PE) No Virginia quillwort Isoetes virginica C Yes Notes: *This is a federally listed C1 taxon, a taxon under consideration for official listing for which there is sufficient information to support listing. Threatened (T) - any native or once-native species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. Special Concern (SC) - any species which requires monitoring but may be collected and sold under specific regulations. Candidate (C) - any species which are likely to merit listing as E or T if present land use trends continue. Significantly Rare (SR) - species which are rare in NC but more common elsewhere. Proposed Endangered (PE) - species formally proposed for listing as Endangered. B-4255 Rowan County, State Project Number 8.1632201, Federal Aid No. BRSTP-0801(3) Page 13 VII. SECTION 4 (f) RESOURCES Section 4(f) of the Department of Transportation Act of 1966, as amended, states in part "The Secretary may approve a transportation project or program requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge, or land of a historic site of national, state, or local significance (as determined by the Federal, State or local officials having jurisdiction over the park, recreation area, refuge, or site) only if- (1) there is no prudent and feasible alternative to using that land; and (2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from such use." Since it is anticipated that the proposed project will require the use of property from a National Register eligible historic resource, the Barber Farm, a Programmatic Section 4(f) Evaluation is required. See Section XI for Programmatic Section 4(f) Evaluation. VIII. Environmental Effects The project is expected to have an overall positive impact. Replacement of an inadequate bridge will result in safer traffic operations. The project is a Federal "Categorical Exclusion" due to its limited scope and lack of substantial environmental consequences. The bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of current NCDOT standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulation. No change in land use is expected to result from construction of the project. No adverse impact on families or communities is anticipated. Right-of-way acquisition will be limited. No relocatees are expected with implementation of the proposed alternative. In compliance with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations) a field review was conducted to determine whether minority or low-income populations were receiving disproportionately high and adverse human health or environmental impacts as a result of this project. The investigation determined the project would not disproportionately impact any minority or low-income populations. No adverse effect on public facilities or services is anticipated. The project is not expected to adversely affect social, economic, or religious opportunities in the area. There are no publicly-owned recreational facilities or wildlife and waterfowl refuges of national, state, or local significance in the vicinity of the project. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impacts to prime and important farmland soils by all land acquisition and construction projects. B-4255 Rowan County, State Project Number 8.1632201, Federal Aid No. BRSTP-0801(3) Page 15 X. Agency Comments North Carolina Department of Environment and Natural Resources - Division of Water Quality Comments: "DWQ prefers that the bridge be replaced with a bridge, particularly if a Categorical Exclusion document is being used... Storm water should be directed to grass-lined ditches, vegetated buffers or other pre-treatment method before entering the stream." Response: The preferred alternative involves replacing the bridge with a new bridge in the existing location, using a temporary on-site detour during construction. Storm water will be directed to grass-lined ditches. No deck drains will be placed on the bridge which would drain directly into Withrow Creek. M. Programmatic Section 4(t) Evaluation Part 23 CFR 771.135 Section 4(f) (49 U.S.C. 303) states that "The Administrator may not approve the use of land from a significant publicly owned public park, recreation area, or wildlife and waterfowl refuge, or any significant historic site unless a determination is made that: (i) There is no feasible and prudent alternative to the use of land from the property; and (ii) The action includes all possible planning to minimize harm to the property resulting from such use." Three alternatives, which will avoid impact to the historical property, were evaluated in this document. The following alternatives, which avoid use of the historic site, have been fully evaluated: (1) do nothing; (2) improve the highway without using the adjacent historic site; (3) build the replacement structure on new location without using the historic site. These alternatives were not found to be feasible and prudent. No Build Alternative: The No Build or "Do-Nothing" alternative is not considered feasible and prudent because the bridge will eventually deteriorate beyond repair and necessitate closure of the bridge. This is not prudent due to the traffic service provided by NC 801. Rehabilitation of the Existing Bridge: This alternative is not considered to be feasible and prudent due to the age and deteriorated condition of the existing bridge. In addition, the existing bridge deck provides only 24 feet (7.2 meter) roadway clearance and is functionally obsolete. The NCDOT Bridge Policy requires a minimum clear roadway width of 32 feet (10.4 meter) based on the traffic volumes and design speed. Replacement of Bridge No. 28 on New Location: Replacing Bridge No. 28 downstream of the existing location will impact additional farmland, introduce additional curves in the alignment and increase cost. Therefore, this alternative is not considered feasible or prudent. In accordance with the criteria set forth in the Federal Register December 23, 1986, the following Programmatic Section 4(f) for Minor Involvements with Historic Sites evaluation was prepared: B4255 Rowan County, State Project Number 8.1632201, Federal Aid No. BRSTP-0801(3) Page 17 NORTH CAROLINA DIVISION FINAL NATIONWIDE SECTION 4(f) EVALUATION AND APPROVAL FOR FEDERALLY-AIDED HIGHWAY PROJECTS WITH MINOR INVOLVEMENTS WITH HISTORIC SITES F. A. Project BRSTP-0801(3) State Project 8.1632201 T. I. P. No. B-4255 DESCRIPTION: Replacement of Bridge No. 28 on NC 801 (Bear Poplar Road) over Withrow Creek in Rowan County. 1. Is the proposed project designed to improve the operational characteristics, safety, and/or physical condition of the existing highway facility on essentially the same alignment? 2. Is the project on new location? 3. Is the historic site adjacent to the existing highway? 4. Does the project require the removal or alteration of historic buildings, structures, or objects? 5. Does the project disturb or remove archaeological resources which are important to preserve in place rather than to recover for archaeological research? 6. a. Is the impact on the Section 4(f) site considered minor (i.e. no effect, no adverse effect)? b. If the project is determined to have "no adverse effect" on the historic site, does the Advisory Council on Historic Preservation object to the determination of "no adverse effect"? 7. . Has the SHPO agreed, in writing,.with the assessment of impacts and the proposed mitigation? 8. Does the project require the preparation of an EIS? YES NO -X-- X_ 1:1 X 1:1 F-1 F-1 -X B-4255 Rowan County, State Project Number 8.1632201, Federal Aid No. BRSTP-0801(3) Page 19 Yes No 3. Build an improved facility on new location without using the historic site. X (a) An alternate on new location would result in: (circle, as appropriate) (i) a project which does not solve the existing problems or (ii) substantial social, environmental, or economic impacts or a substantial increase in project cost or engineering difficulties and (iv such impacts, costs, or difficulties of truly unusual or unique or extraordinary magnitude MINIMIZATION OF HARM Yes No 1. The project includes all possible planning to minimize ? harm necessary to preserve the historic integrity of the X site. 2. Measures to minimize harm have been agreed to, in ? accordance with 36 CFR Part 800, by the FHWA, X the SHPO, and as appropriate, the ACBR 3. Specific measures to minimize harm are described as follows: Utilization of a temporary detour on the east side of Bridge No. 28. Note: Any response in a box requires additional information prior to approval. Consult Nationwide 4(f) evaluation. B-4255 Rowan County, State Project Number 8.1632201, Federal Aid No. BRSTP-0801(3) Page 21 J a au ? °? .t \ •a J• Barber /k i3? SO?Jh a a ern C F" 70 ! O y?l ? au 70 \ TO Clev r l 1 e and Q. Sralesvlle , 1?"e r=+, ?'\ . Blvd. i - tesvA\e ,I ' •Sta P v a j0 i ? ~. Sp n0 // O ? ." ? `?I ' AI J 39 B idge No 28 \ C MTHR GPEGS j ` ?- BOt High Sch- v so \ rE nezer Ch. ul a heRd\ • un ? SR 1526 801 i 'r Cool m?e• \ . R Tie W00 d1 al/ _ iLCl?vel d / S II 1 ?o \?' e 601 NC •__ , _, ? ]o f r,oorpo,roro? 70 • d5 _ 6? nluseumo? g 1 • _ S en + P t n Bear POPI y• ° Ea ds allibllfy:_. f a ' I Pence , '? un1Ul H ? ,c / LO AI?? _ IIDntlIIe 9 7. ?. iGranlte aN"ycra / , S G R O W { t 15 Nina row % Faith Crescent MrO: Jack$$bb` Rockwell 7lle s l Tuckrrfou?f 52 ie ?ndi? ? ? 9 ?5 L°ka ? chville of Go 6 Kill ' la v North Carolina Department of Transportation Project Development & Environmental Analysis ROWAN COUNTY BRIDGE NO. 28 ON NC 801 OVER WITHROW CREEK B-4255 FIGURE 1 J Q W Iwo > LN O l' O G sin:) 's0 1NIOd 3 NIH O (7j r ? -? O O --l N ', N co N O . N -,q T O Z O N N- O r o U Ln a -- - - 0 O C7+ - N E o a- a °- N Q" N r r O CL r Ln E N p W 0 o 00 N o (D - 0 o ce) W F- O ce O L] r M Oi .O {Y J 7 ? 0 D W E C7 M x E N ? N j O i 0 L C'l O o l E N r Z O_ t LL, N s w CD O -'- j:j D- 0 ce mce Qv Z U O CL CL W I (? Q 0 U Z u.. h- Y LU w U w O n h •'. f" LO Z Lo A w -? N 00W U co -S 41 o tl LLJ U> Z O nwq O Z Q Z rn?? . h o'a oo N LL O P ?00.W 0 Z W U' 0 w co U p 0 N N In O O O O O --'? N V) Ln _ Z I? II II O? Q UC4 Q Q Ln O cy) C) N C4 O N O N N o J B" Uw _ ?- Z0 O Z F-: Z N Z U J P: Uce O N w N Q o ?- Z a r- uu- M w V LL "s s $To c CQ m) 01 O Z N O 1= W N O ? r V? - 000 - 1 a O Z Q r O - a . w N (D - 0 0 r O l O P -- U - O O O ?' o r I 00 F, o 0 CO L W H O Z N 7 ;? C7 W E 0 M 0 O C) N ? O O N ? O O o ?i O Z O V W N g?- w:) O O \ ?w [n ? J I ? Z U ~ O CL C w D d (D Q ?I V M LL Y w W V O N 4 Z Lo b r O O N °a -t3 00W uj V m o d a ? Z0 Z O v q y ? Q Z C 0 co cV Q H ZOh~W C; Z w V O in V o 0 Q N O O O N O O LO N r= r Z O;? < U? Q " •j Q u. I C) L 0 0 N? 0 0 -71 O N N g UW } ^ pC O M J J >- Z O O O - N (D U 1 N Z N UJ J Q ZO W O a V, O r- ? Q Cl) w O LL s B-4255 h J I a? 1 I ? j r I l FIGURE 5 FLO. eru,cn J.,mb r s,;kbn Gorier 110" rdwuJ Berber 11owa oil 12 0 13 y r, X10 1 d4a 10 rws Oz ?7 n6 ?s C! 4 Icncc Pond (16) T CLCiCCd 1'ICi(15 _t A%p ?`o? (1? Chak Ualn dz GuBy a?aNa (16)Tczraccd Fidd? 9 Farm Road avl.44A (17) Chrtk Doan tz GUUY (15) Farm Landscape Bridge No. 28 NATIONAL REGISTER MUNDAS Wooer h? c ? rka U tiG y ?a r I: SER SYEELE TWP• MAP H0.75? Eli- G 311- O ? bl 11: FLAN Darbcr Farm 223 Re4=n Road ClcvclanJ vi;;., Rowan Count', NC. ?Cortribusiag Raourcz 13 Noncontributing Rcsaurce R=urcec arr keyed to iamnrcry Soi=c: Ronan Counry Tax 0lfica ticale 1'•480' 1. JxnAFr-Ahka ParbcrH=v Ia. Cmirt pii-s 2, Linn B.ua IL xbol J. Nmp Hcuar WcU 12. Edward Barba 4. SmokrMure fl=c 3., Wheat IlowwGraiury 17. Edward Barber Q Mad Grautiary WcU Hnnte 7. D--Nc Cnh Ina 6rm 14. NC bti,llaad 8. Stvnc Well 11aue Asiknad Riot•,+Way 9. Lc Crib 15. Form L:vdc:apc Ia Trrract* 17. Cbcck Dom -J SEL' MAP NO. Z70• I Figure 6 APPENDIX u r/10/eUUID Ie; Ob NU 1)L11 F'UtH -i? ytblly18 N0.299 D02 ? N G? t S 2 9ACN ? 10 United States Department of the Interior FISH AND WILDL YE SERVICE Asheville. Field Office 160 Tllicoa Street Asheville, North Carolina 28801 July 11, 2003 Mr. Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Ivfr. Thorpe: Subject: Endangered Species Concurrence for Three Bridge Replacements in North Carolina-B-4103, Bridge No. 416 on SR 2554 over Beaver Dam Creek, Davidson Caunty, S S ri ge l`io;: $.on: ?i? er w???r„1tlizo , r bk,Rol ui Cott !, and B4282, Bridge No. 54 on NC 66 over Pinch Gut Creek, Stokes County As requested by Mulkey Inc., engineers and cotlsultants for the North Carolina Department of Transportation, we have reviewed the natural resources information and biological conclusions for federally protected species for the subject projects. We provide the following comments in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act), and the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e). •? •. •• .B-4X03(Log Number 42-03-332) According to the information provided, three federally listed species in Davidson County were considered. These include the endangered Sehweinitz's sunflower (Helianfhus schweinilzit), the threatened bald eagle (Haliaeetus leucocephalus), and the threatened (due to similarity of appearance) bog turtle (Clemmys muhlenbergit). The report considered these species and concluded that there would be "no effect" on the bald eagle, Schweinitz's sunflower, or bog turtle. Given the results of the field survey, we concur with the conclusion of "no effect" for the Schweinitz's sunflower and bog turtle. In view of this, we believe the requirements under section 7(c) of the Act are fulfilled regarding this species, However, obligations under section 7 of the Act must be reconsidered if; (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this 07/16/2003 12:56 NC DOT PDEA 98511918. NO.299 904 ' spinymussel has beea found only in the main stem of the Dan River, other native freshwater mussels have been found in Big Creek. Given the difficulty of surveying for the James spiaymussel and the relative lack of surveys in Big Creek, we strongly recommend an additional mussel survey from the end of the previous survey downstream to Big Creek prior to project construction. Similarly, the small-anthered bittercress, while not located in surveys conducted in 2002, could have relocated to the project site from an upstream location during recent high flows. We also strongly recommend that a preconstruction survey (at the appropriate time of year) be conducted for this species. At this time we cannot concur with a conclusion of "no effect" for the James spinymussel or small-anthered bittereress and recommend further surveys as described above. If you have questions about these comments, please contact Ms: Marella Buncick of our staff at 8281258-3939, Ext. 237. In any future correspondence concerning these projects, please - reference the log numbers assigned with our comments about each of the three projects. ' Sincerely, Cku " Brian P. Cole State Supervisor Cc: . Mr. Eric Alsmeyer, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, 6508 Falls of the Neuse Road, Suite 120, Raleigh, NC 27615 Ms. Marla J. Chambers, Highway Projects Coordinator, North Carolina Wildlife Resources Commission, 12275 Swift Road, Oakboro, NC 28129 Ms. Cynthia Van Der Wicle, North Carolina Department of Environment and Natural Resources Division of Water Quality, Wetlands Section, 1621 Mail Service Center, Raleigh, NC 27699-1621 Bridge Number Project Number County No. 416 B - 4103 Davidson County No. 28 B - 4255 Rowan County No. 54 B.-4282 Stokes County Group 11 These- projects have the potential to affect fishery resources and their associated habitat for which NOAA Fisheries has stewardship responsibility: Bridge Number Project Number County No. 12 B - 1382 Sampson County No. 26, B - 1382 Sampson County No. 72 B - 4031 Brunswick County . No. 24 B - 4214 r Onslow County No. 21 B - 4223 Pender County Bridges 12, 26, 21 and 24.are located in the Cape Fear and New River basins and in areas which provide habitat. for anadromous fishery resources including American shad and river herrin,;. Bridges 72 and 24 are located in areas with brackish to saline waters that also support estuarine dependent fishery resources such as spot. Atlantic croaker, and blue crab. In addition, these project may affect Essential Fish Habitat for Federally managed species such as red drum and shrimp which-are managed by the South Atlantic Fishery Management Council, and summer flounder which is managed by the Mid-Atlantic Fishery Management Council. Accordingly, we recommend that an essential Fish Habitat Assessment be included in any environmental document for these projects. Spawning and nursery habitat for anadromous and estuarine fishes may be adversely impacted by these projects unless measures to avoid and minimize impacts to waters and wetlands are included in the project plans. Therefore, NOAA Fisheries may recommend against.IDepartment of the Army . authorization of these projects under Nationwide Permit 23 unless the following recommendations are incorporated:. 1. Following impact avoidance and minimization, unavoidable -wetland losses shall be otyset through implementation of a compensatory mitigation plan that has been approved by the Corps of Engineers and in consultation with NOAA.Fisheries. 2. All construction activities in waters and associated wetlands shall utilize techniques that avoid p and minimize adverse impacts to those systems and their associated flora and fauna U.S. Department commander 431 Crawford Street of Transportati0fl United States Coast Guard Portsmouth, Va. 23704-5004 • r Atlantic Area Staff Symbol: (Aowb) United States Phone: (757)39&6587 Coast Guard .16590 ?C 03 DEC 02 F? Mr. Gregory J. Thorpe, Ph. D. DEC x 0 North Carolina Department of Transportation 2DD2 1548 Mail Service Center 40, u.1'snN OF ?- Raleigh, North Carolina 27699-1548 °'?ov?? HIGHWAYS "jVEL0?1 S?5 L AN Dear Mr. Thorpe: This is in response to your letter dated October 24, 2002 requesting the Coast Guard to review the proposed projects to replace the following nine bridges: Black River Over Flow, Black River, Jenny's Branch, Beaver Dam Creek, New River, Stone Creek, N.E. Cape Fear River, = -and { , • and Pinch Gut Creek all located throughout North Carolina. The Coast Guard Authorization Act of 1982 exempts bridge projects from Coast Guard bridge permits when the bridge project crosses nontidal waters which are not used, susceptible to use in their natural condition, or susceptible to use by reasonable improvement as a means to transport. 'interstate commerce.. Such conditions for some of these waterways were confirmed in a telephone conversation on November 27,2002. Due to this, the bridge projects on Beaver Dam, ' l `'` and Pinch Gut Creeks and Black River Over Flow are exempt, Black River, Jenny's Branch, and Stone Creek are subject to tidal influence and thus considered legally navigable for Bridge Administration purposes. But these waterways also meet the criteria for advance approval waterways outlined in Title 33, Code of Federal Regulations, Section 115.70. Advance approval waterways are those that are navigable in law, but not actually navigated by other than small boats. The Commandant of the Coast Guard has given his advance approval to the construction of bridges across such waterways; therefore, an individual permit will not be required for these projects either. Further information is required to assess the bridge replacement projects over the New River and the North East Cape Fear River. Such information as, is the waterway affected by lunar tides? Is there any commercial navigationT What types and sizes of boats operate on the waterway? Bridge Permits may be required. based on the answers to these questions. If a permit is required, a higher level of environmental review will also be required. The fact that-Coast Guard permits are not required for some of these projects does not relieve you of the responsibility for compliance with the requirements of any other Federal, State, or i O?O? W AT ?RQG . MEMORANDUM November 25, 2002 TO: FROM: SUBJECT: John Wadsworth, P.E. NCDOT, Project Development & Environmental Analysis Cynthia F. Van Der Wiele, NCDOT Coordinator GuptW Scoping Comments for Bridge Replacement Projects: B-4103 Davidson Co., B-4255 Rowan Co., and B-4282 Stokes Co. This letter is in response to your request for comments on the above-referenced projects. The NC Division of Water Quality staff has the following recommendations: 1. B-4103 Bridge.No. 416 over Beaver Dam Creek on SR 2550 in Davidson County ¦ The bridge should be replaced with a bridge structure and designed as a single span with no piers in , the stream. • Storm water management should be designed as a closed system. Storm water shall be designed to be carried across the bridge (no deck drains over the stream) and diverted through grass-lined ditches, vegetated buffers or directed to a storm water collection device prior to entering North Fork New River. Use Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 4B .0124; see http://ncrules.state.nc.us/ncada inistrativ_/titlel5aenviron /ChapterO4sedime_/default.htm] prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. • NCDOT must comply with water supply watershed buffer requirements. ¦ Use BMPs for bridge demolition and removal, Case 1 (9-20-99 NCDOT policy; see http://www.ncdot.org/planning/pelbmp.pdf). 2. B4255 Bridge No. 28 over Withrow Creek on NC 801 in Rowan County ¦ DWQ prefers that the bridge be replaced with a bridge, particularly if a Categorical Exclusion document is being used (otherwise it should be processed as a FONSI under NEPA requirements). • Storm water should be directed to grass-lined ditches, vegetated buffers or other pre-treatment method before entering the stream 3. B4282 Bridge No. 54 over Pinch Gut Creek on NC 66 in Stokes County ¦ The bridge should be replaced with a bridge structure and designed as a single span with no piers in the stream • Storm water management should be designed as a closed system. Storm water shall be designed to be carried across the bridge (no deck drains over the stream) and diverted through grass-lined ditches, vegetated buffers or directed to a storm water collection device prior to entering North Fork New River. ¦ Use BMPs for bridge demolition and removal, Case 1 (9-20-99 NCDOT policy; see http://www.ncdot,org/planning/pe/bmp.pdf). 1' tl?(7lTtiB North Carolina Division of Water Quality; 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwettands/ Michael F. Easley, Governor William.G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality c,0` ...' `I? ?O G o -c MEMORANDUM TO: FROM: SUBJECT: William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Gregory J. Thorpe, Ph.D. -------------- NCDOT, Project Development & Environmental Analysis Cynthia F. Van Der Wiele, NCDOT Coordinator . C,,.)6 A) rG? ,-u Scoping Comments for Bridge Replacement Projects: B'4103 Davidson Co., B-4255 Rowan Co., and B4282 Stokes Co. This letter is in response to your request for comments on the above-referenced projects. The NC Division of Water Quality staff has the following recommendations: 1. B4103 Bridge No. 416 over Beaver Dam Creek on SR 2550 in Davidson County • The bridge should be replaced with a bridge structure and designed as a single span with no piers in the stream. ¦ Storm water management should be designed as a closed system. Storm water shall be designed to be carried across the bridge (no deck drains over the stream) and diverted through grass-lined ditches, vegetated buffers or directed to a storm water collection device prior to entering North Fork New River. ¦ Use Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 4B .0124; see http://ncrules.state.nc.us/ncadministrativ_/title15aenviron_/chapter04sedime_/defauIt.htm] prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. NCDOT must comply with water supply watershed buffer requirements. ¦ Use BMPs for bridge demolition and removal, Case 1 (9-20-99 NCDOT policy; see http://www.ncdot.org/planning/peibmp.pdf). 2. B-4255 Bridge No. 28 over Withrow Creek on.NC 801 in Rowan County ¦ DWQ prefers that the bridge be replaced with a bridge, particularly if a Categorical Exclusion document is being used (otherwise it should be processed as a FONSI under NEPA requirements). ¦ Storm water should be directed to grass-lined ditches, vegetated buffers or other pre-treatment method before entering the stream. 3., B4282 Bridge No. 54 over Pinch Gut Creek on NC 66 in Stokes County ¦ The bridge should.be replaced with a bridge structure and designed as a single span with no piers in the stream ¦ Storm water management should be designed as a closed system. Storm water shall be designed to be carried across the bridge (no deck drains over the stream) and diverted through grass-lined ditches., vegetated buffers or directed to a storm water collection-device prior to entering North Fork New River. Use BMPs for bridge demolition and removal, Case 1 (9-20-99 NCDOT policy; see, http://www.ncdot.org/planning/pelbmp.pdf). A -- 1 iNCDDA North Carolina Division of Water Quality, 401 Wetlands Certification. Unit, 1,650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) .919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetlands/ 4 .. - .... ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director MEMORANDUM TO: JohnWadsworth, P.E., Project Planning Engineer Project Development and Environmental Analysis Branch, NCDOT' FROM: Marla Chambers, Highway Projects Coordinator Habitat Conservation Program, NCWRC DATE: December 17, 2002 SUBJECT: North Carolina Department of Transportation (NCDOT) request for comments on Bridge Replacement Projects B-4103 (Davidson County), B-4255 (Rowan County) and B-4282 (Stokes County). North Carolina Department of Transportation (NCDOT) is requesting comments from the North Carolina Wildlife Resources Commission (NCWRC) on three bridge replacement projects. Staff biologists have reviewed the information provided and have the following preliminary. comments. Our comments are provided in accordance with certain provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). NCWRC has previously submitted scoping comments on these three bridge replacement projects. The comments, dated May 8, 2002, are attached and remain appropriate; however, we offer the following additional comments on the B-4103 project. Bridge No. 416 on SR 2550 (Badin Lake Road) in Davidson County crosses over Beaverdam Creek, at the headwaters of an arm of Badin Lake• which is managed by Yadkin, Inc. under a Federal Energy Regulatory Commission (FERC) permit. NCDOT should coordinate with Yadkin, Inc. to ensure compliance with their Shoreline Management Plan and Bald Eagle Management Plan. -Bald eagles (Haliaeetus leucocephalus) (Federal and State Threatened), are found along Badin Lake and other lakes on the Yadkin/Pee Dee River system, both upstream and downstream of the project area. The Beaverdam Creek/Grassy Fork Creek Significant Natural Heritage-Area is upstream of the project area, where a number of heartleaf plantain observations Mailing Address: Division of Inland Fisheries • 1721 Mail Set ice Center - RaleNC 27699-1721 Telephone: (919) 733-3633 ext. 281 - Fax: (919) 717-7643 1l V S5 ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina.27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director TO: William T. Goodwin, Jr., PE, Unit Head Bridge Replacement & Environmental Analysis Branch FROM: Ron Linville, Habitat Conservation Co trinator Habitat Conservation Program DATE: May 8, 2002 SUBJECT: NCDOT Bridge Replacements: Davidson County - Bridge No. 416, SR2550, Beaverd e.&-B-4103 Rowan County - Bridge No. 28, NC801, Withrow Cree Stokes County - Bridge No. 54, NC66, Pinchgut Creek, B-4282 Biologists with the N. C. Wildlife Resources Commission (NCWRC) have reviewed the information provided and have the following preliminary comments on the subject project. Our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Our standard recommendations for bridge replacement projects of this scope are as follows: 1. We generally prefer spanning structures. Spanning structures usually do not require work,within the stream and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridge deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. 4. If possible, bridge supports (bents) should not be placed in the stream. Bridge Memo May 8, 2002 If corrugated metal pipe arches, reinforced concrete pipes, or concrete box culverts are used: The culvert must be designed to allow for aquatic life and fish passage. Generally, the culvert or pipe invert should be' buried at least 1 foot below the natural streambed (measured from the natural thalweg depth). If multiple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream bankfull or floodplain bench elevation (similar to Lyonsfield design). These should be reconnected to floodplain benches as appropriate. This may be accomplished by utilizing sills on the upstream and downstream ends to restrict or divert flow to the base flow barrel(s). Silled barrels should be filled with sediment so as not to cause noxious or mosquito breeding conditions. Sufficient water depth should be provided in the base flow barrel(s) during low flows to accommodate fish movement. If culverts are longer than 40-50 linear feet, alternating or notched baffles should be installed in a manner that mimics existing stream pattern. This should enhance aquatic life passage: 1) by depositing sediments in the barrel, 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic organisms. In essence, base flow barrel(s) should provide a continuum of water depth and channel width without substantial modifications of velocity. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated along the existing channel alignment whenever possible to avoid channel realignment. Widening the stream channel must be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 4. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized, and installed. . In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. If the area reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be utilized as mitigation for the subject project or other projects in the watershed. Project specific comments: 1. Davidson County - Bridge No. 416, SR2550, Beaverdam Creek, B-4103 YELLOW/RED LIGHT. Biologists indicate that a bridge is preferred. Potential for wetland and stream impacts at this location due to width of stream. 09/08/2003 10:30 NC DOT PDEA 4 96511918 T Federal Aid # 8.1632201 TIP # B-4255 County. Rowan CONCURRENCE FORM FORASSESSMENT OF EFFECTS NO.522 D02 Project Description: Replace Bridge No. 28 on NC 801 over Withrow Creek On 9/2/2003, representatives of the 14 North Carolina Department of Transportation (NCDOT). E] ,_.,/ Federal Highway Administration (FHWA) b North Carolina State Hfstorie Preservation Office (HPO) F1 Other Reviewed the subject project and agreed (] There are no effects on the National Register-listed property/properties located within the project's area of potential effect and listed on the reverse. There are no effects on the National Register-eligible property/properties located within the project's area of potential effect and listed on the reverse. There is an effect on the National Register-listed property/properties located within the project's area of potential effect. The propertylproperties and the effect(s) are listed on the reverse. There is an effect on the National Register-eligible property/properties located within the project's area of potential effect. The property/properties and effect(s) are listed on the reverse. Signed: ?? A-t"?,? MWA; for the Di Representative, HPO ' State Historic Preservation Officer or other Federal Agency a .2 Date Date Date Date } 01i05/22004 09:23 NC DOT PDEA - 9'=511':4 NO.ID15 902 .u-+ -.4 tot or All P 0 *y ? z?i anti cQ ? m C7 jrc of Ate K0 0 North Carolina Department of Cultural Resour State Historic Preservation Office 9,y op `? David L. S. Droob, Adtniniotratar -f?r? S 8RA}l?? tfiichnet F. Eaaby. Governor Divieion cal Rcsourcea Liabeth C. Evan, Socrotary Jeffrey J. Crow, Deputy Sc=tAty OT= of Archivos and History Dmembet 19, 2003 MEMORANDUM TO: Greg Thorpe, Ph.D., Director Project Development and Environmental Analysis Branch NCDOT Division of Highways FROM: David Brooke SUBJECT: Replace Bridge No. Yon NC 801 over Withrow Creek, TIP No. B-4255, Rowan County, ER02-8576 Thank you for transmitting the archaeological survey report, in a letter of November 18, 2003. The letter and report state that no archaeological sites were discovered in the proposed project area. We concur with the recommendation that no additional archaeological work is needed. The above comments are made putsuant 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, please contact Renee Gledhill-Earley, environmtntai review coordinator, at 919/733-4763. In all fuwze communication concerning this project, please cite the above- referenced tracking number. cc FHWA Matt Wilkerson, NCDOT www.hDoAcr.statexems Latadon • btailia¢Addreu Tdtphoat/Fix ADMI USTRAT70N 507 N. Blount St, Releigb NC 4617 Mail Smyi= Ctnter. Mei) h NC 27699.6617 (919) 7334763 *733-9651 RESTORATION 515 N. Blount St. RsleighNC 4611 Mail Savica Center. Raleigh NC 276994617 (919) 733-SS47 *71S-4801 SURVEY' tit PLANNNG 515 N. Blount St. Raleigh NC 4617 Mail Scovim C=Icr. Raleigh NC 27649-4617 (919) 733 545 a 7154801 July 17, 2001 Mr. Davis Moore Project Development & Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service. Center Raleigh, NC 27699-1548 Dear Mr. Moore: Per your request for information regarding bus travel on Highway 801 near West Rowan High School, I submit to you the following information: • Buses cross this bridge approximately 30 times each school day (3 for Cleveland Elementary, 14 for West Rowan Middle, 9 for West Rowan High School and 4 EC buses). This figure does not include activity trips. • Rerouting to circumvent this bridge would have some buses detour to travel Bear Poplar Road and Redmon Road and others to detour to Barringer Road and Sherrills Ford Road. • For approximately '/Z the fleet to make this adjustment to travel Bear Poplar and Redmon Roads the mileage for round trip would be 141 miles per day with an additional 16-20 minutes for each bus route. and Sherrills Ford Rd the • For'/Z the fleet to make adjustments to travel Barringer an mileage for round trip would be 72 miles per day with an additional 8-10 minutes. • . The total round trip mileage for this adjustment would be 38,440 miles for 180 days of school. • Average of 15 minutes to re-route for 30 trips x 180 school days =1,350 hours additional pay to the drivers. As you can see to reroute the buses for 8-12 months around this bridge replacement . would be a significant burden to the Rowan-Salisbury Schools activity ltrips and Department. It would greatly affect the high sports trips. It would also affect the community in attendance of extra-curricular events at the high school. 2724 Old Concord Road, Salisbury, NC 28146 Withrow -?-7reek Bridge on NC-801 Subject: Withrow Creek Bridge on NC-801 Date: Mon, 11 Mar 2002 14:35:13 -0500 j From: Wayne Ashworth <ashworthw@co.rowan.nc.us> To: Dmoore@dot.state.nc.us Mr. Moore: This will confirm our phone conversation(s) regarding the replacement of Bridge 28 over NC-801 in Rowan County, Federal Aid Project No. BRSTP-0801(3), State Project No. 8.1632201, TIP No. B-4255. Rowan County Emergency Services ambulances will have additional difficulties of getting to locations in the area of the work and our response times will be slightly increased. These delays, we feel, are manageable, and we will be able to work with the construction project as proposed. Please advise me in advance of the road closing so that we may.inform all the emergency responders in this area and make alternate response plans. .Sincerely, Wayne- Wayne Ashworth, Director of Emergency Services Rowan County. North Carolina PO Box 2166, Salisbury, NC 28145 USA Telephone: 704,638.0911 X300 - FAX: 704.633.7503 ashworthw@co.rowan.nc.us [ICQ 3062057] http://www.co.rowan.nc.us/es/ of 1 3/11/02 2:50 PM ,i y,. svve a STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDo TIPPETT GOVERNOR SECRETARY October 24, 2002 Ms. Cynthia Van der Wiele DENR-Division of Water Quality/Wetland 2002 1621 Mail Service Center 4 Raleigh, North Carolina 27699 wrurras coup WATE UAUTY SECTIOIJ SUBJECT: Request for comments on Bridge Replacement Projects B-1382, B-4031, B-4103, B-4214, B-4215, B-4223, B-4255 and B-4282. Dear Ms. Van der Wiele: The North Carolina Department of Transportation (NCDOT) is preparing the planning and environmental studies (Categorical Exclusions) for the replacement of the subject bridges. These bridges are included in NCDOT's 2002-2008 Transportation Improvement Program (TIP). The purpose of this letter is to solicit your input concerning the potential impact of the proposed projects upon social, economic, demographic, land use or environmental conditions near the projects. Attached is the vicinity map and bridge demolition package for the following projects. J?? ¦ B-1382, Sampson County, Division 3, Replace Bridge No. 26 over the Black River Over Flow and Bridge No. 12 over the Black River on NC 41. J{-? B-4031, Brunswick County, Division 3, Replace Bridge No. 72 over Jinnys Branch a tributary of Saucepan Creek on NC 179 (Beach Drive). (?? B-4103, Davidson County, Division 9, Replace Bridge No. 416 over Beaver Dam.Creek on SR 2550 (Badin Lake Road). J 0 B-4214, Onslow County, Division 3, Replace Bridge No. 24 over the New River on US 17 (Marine Boulevard). B-4215, Onslow County, Division 3, Replace Bridge No. 19 over Stone Creek on NC 210. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919.733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE: www.NCDOT.ORG RALEIGH NC RALEIGH NC 27699-1548 J4 ¦ B-4223, Pender County, Division 3, Replace Bridge No. 21 over the North East Cape Fear River on NC 210. (,U ¦ B-4255, Rowan County, Division 9, Replace Bridge No. 28 over Withrow Creek on NC 801. , GV B-4282, Stokes County, Division 9, Replace Bridge No. 54 over Pinch Gut Creek on NC 66. Please note that there will be no formal interagency scoping meeting for these projects. This letter constitutes solicitation for scoping comments related to the projects. To allow us to fully evaluate the impacts of the proposed projects, please respond in writing by November 29, 2002 concerning any beneficial or adverse impacts of the proposed projects relating to the interest of your agency. If you have any questions or comments concerning these projects, please contact Mr. John Wadsworth, P.E. of this Branch at (919) 733--7844, ext. 209. Sincerely, Gregory J. Thorpe, Ph. D., Environmental Management Director, Project Development and Environmental Analysis Branch CLT/JCW Attachment o ? WA r?Rp? 7 DQWw ra.% December 4, 2002 MEMORANDUM TO: Gregory J. Thorpe, Ph.D. NCDOT, Project Development & Environmental Analysis FROM: Cynthia F. Van Der Wiele, NCDOT Coordinator eUdCA) SUBJECT: Scoping Comments for Bridge Replacement Projects: B-4103 Davidson Co., B-4255 Rowan Co., and B-4282 Stokes Co. This letter is in response to your request for comments on the above-referenced projects. The NC Division of Water Quality staff has the following recommendations: 1. B4103 Bridge No. 416 over Beaver Dam Creek on SR 2550 in Davidson County ¦ The bridge should be replaced with a bridge structure and designed as a single span with no piers in the stream. ¦ Storm water management should be designed as a closed system. Storm water shall be designed to be carried across the bridge (no deck drains over the stream) and diverted through grass-lined ditches, vegetated buffers or directed to a storm water collection device prior to entering North Fork New River. ¦ Use Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 413 .0124; see http://ncrules.state.nc.us/ncadministrativ_/titlel5aenviron_/chapterO4sedime_/default.htm] prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. ¦ NCDOT must comply with water supply watershed buffer requirements. ¦ Use BMPs for bridge demolition and removal, Case 1 (9-20-99 NCDOT policy; see http://www.ncdot.org/planning/pe/bmp.pdf). 2. B-4255 Bridge No. 28 over Withrow Creek on NC 801 in Rowan County ¦ DWQ prefers that the bridge be replaced with a bridge, particularly if a Categorical Exclusion document is being used (otherwise it should be processed as a FONSI under NEPA requirements). ¦ Storm water should be directed to grass-lined ditches, vegetated buffers or other pre-treatment method before entering the stream. B-4282 Bridge No. 54 over Pinch Gut Creek on NC 66 in Stokes County The bridge should be replaced with a bridge structure and designed as a single span with no piers in the stream. Storm water management should be designed as a closed system. Storm water shall be designed to be carried across the bridge (no deck drains over the stream) and diverted through grass-lined ditches, vegetated buffers or directed to a storm water collection device prior to entering North Fork New River. Use BMPs for bridge demolition and removal, Case 1 (9-20-99 NCDOT policy; see http://www.ncdot.org/planning/peibmp.pdf). AVM VA /YCDEh: North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Servico Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality + uu ` o? 9 a¢ Barber t ,r ?u Nay / k `?±ij '? ' OT 1 i? 70 To Clever o S1.31ngvillq ? _ ,fLy B?'d. t j S q 70 h ` ! To S Sv ?C of f _ -?• ' ? ? f 1 L'n ?_ 39 B idge No 28 O C1 a? J fi P??ch WfT}iR PEGS ' ?o ce +- W TVHROW 801 + W. Rowan High Sch- • ° -Eb nezer Ch. an • +? i a Fr heR??t a 801 SR 1526 ' ? LM ? Cool em e` r , R Woodl at 1?fl evel d / 5 1 a E-0I t _ J? a t' y,`,' l7^ '? Bear Pop,,_ y4 aliSllLr fx ,o ?Ea y./SPen .? I 10 l50 A, S 9 M Itbrndile IiGranlte Qy rr' \ `aYe R O N , G l52 hma 1 ro ,? Faith Crescent 1' i ?t5 i. 112 k.ell lack?d nc ilia ands; 9 5 51 Tudrrnn<-.(/`? L A ! { , u c , chvdle ' . ??? ^ ` .• _ of Gold Hill 111 • _ _ "? _ "• 'e i r on North Carolina Department of Transportat Project Development & Environmental Analysis ROWAN COUNTY BRIDGE NO. 28 ON NC 801 OVER WITHROW CREEK 8-4255 FIGURE 1 BRIDGE DEMOLITION FORM DATE: PROJECT T.I.P. NUMBER: STRUCTURE NUMBER: COUNTY: FACILITY NAME: BODY OF WATER CROSSED: DIVISION NO.: October 21, 2002 B-4255 790023 Rowan NC 301 Withrow Creek 9 STRUCTURE DESCRIPTION and POTENTIAL IMPACTS FROM BRIDGE DEMOLITION: Bridge No. 28 is located on NC 801 over the Withrow Creek in Rowan County. It was constructed in 1948 and has a sufficiency rating of 50.4. It has four spans totaling approximately 151 feet in length. The deck and railings of the superstructure are composed of reinforced concrete on steel I-beams. The substructure is composed of reinforced concrete abutments. The #1 & #3 bents are composed of reinforced concrete caps on timber piles piers cased in concrete and #2 bent is composed of reinforced concrete post and beam. The rails will be removed with out dropping them into Waters of the U. S. There is potential for components of the deck and substructure to be dropped into Waters of the U. S. during construction. MAXIMUM POTENTIAL FILL: CLASSIFICATION OF WATERS: MORATORIUM: SECTION 7: CAUSEWAY CONSTRUCTION: BMP-BDR RECOMMENDATION: 56 cubic yards C Probable Not Anticipated. Not Anticipated General Best Management Practices for Bridge Demolition and Removal should be followed for this project. t B80028 BRIDGE MAINTENANCE UNIT RUN DATE 12/12/00 DATA ON EXISTING STRUCTURE -- --------------------------------------------------------- COUNTY: DIV.: DIST.: STRUCTURE NUMBER: LENGTH: ROWAN 09 1 79 0028 151 FEET ------------------------------------------------------------------------------- ROUTE CARRIED: FEATURE INTERSECTED: NC801 WITHROW CREEK ------------------------------------------------------------------------------- LOCATED: BRIDGE NAME: 0.3 MI. S. JCT.-SR1739 ------------------------ --------------- ---------------------------------------------------------------- FUNC. CLASS: SYST-ON: SYST.UNDER: ADT & YR: RAIL TYPE: MAC FA ----- 3300 99 LT 181 RT 181 ------------------------------------------------------------------------------- BUILT: BY: PROD: FED.AID PROJ: DESIGN LOAD: 1948 SHPWC 6725 ------ H-15 ------------------------------------------------------------------------------- REHAB: BY: PROJ: ALIGNMENT: SKEW: LANES: ---- ----- --------- TAN 075 ON`02 UNDER 00 ---------------------------------------------------------------=--------------- NAVIGATION: HT.CRN.TO BED: MATER DEPTH: VC.___ FT HC ---- FT 21 -FT 1 FT ------------------------------------------------------------------------------- SUPERSTRUCTURE: REINFORCED CONCRETE DECK ON I-BEAMS ----------------------------------------------=-------------------------------- SUBSTRUCTURE: END & INT.BENTSI&3:RC CAP & TIM.PILES,INT.BT#2:RC POST&BEAM ------------------------------------------------------------------------------- SPANS: 1@37'9 ,2@37'6 ,1@37'9 ------------------------------------------------------------------------------- BEAMS OR GIRDERS: 4 LINES OF W27X94 I-BEAMS @ 619 CENTERS ------------------------------------------------------------------------------- FLOOR: ENCROACHMENTS--------------- DECK (OUT TO OUT): 5 3/4 RC,3 AWS 025.3 ------------------------------------------------------------------------------- CLEAR ROADWAY: BETWEEN RAILS: SIDEWALK OR CURB: 024.0 026 .0 LT 01.0 RT 01.0 ------------------------------------------------------------------------------- VERT.CL.OVER: VERT.CL.UNDER: HOR.CL.UNDER: SPECIAL PERMIT: 99 FT 99 IN 00 FT 00 IN 00.0 FT B 1 ---------------------------------------------------- ---------------------------- __INV.RTG.: OPE.RTG.: CONTR.MEMBER: POSTED: HS- 13 HS- 22 BEAM INT. SV 33 TTST LM DATE 12 19 1996 ------------------------------------------------------------------------------- SYSTEM: GREEN LINE ROUTE: 4 PRIMARY NO ------------------------------------------------------------------------------- 2ND OPENING: 3RD OPENING: 4TH OPENING: 5TH OPENING: ---- -------- ---- -------- ---- -------- ---- -------- - ---------------------------------------------------------------------------- REMARKS: ----------------------------------------------------------------- ----------------------------------------------------------------- ------------------------------------------------------------------------------- Revise C 12rm98 Bridge #: 790028 TYPICAL SECTION v t0 IBMCFlCROWS13 STRUCTURE DATA WORKSHEET County: ROWAN Date: 10/25/00 By: GDP 5' Unstable Looking: NORTH Unstable Rail TVPe: 181 12" L_ 26'-0" Between Rails I L 24'-0" Clear Roadway 8.. 3" W. S. 0 ? O ? o - v _ o _ s _ o •? o • a _ v . _ O O Q O O O 5 3/4" Deck 30 14' 4 LINES (a) 81" CTRS. 130 1/2" END BENTS: RC CAPS ON TIMBER PILES INTERIOR BENTS # 1 & 3: RC CAPS ON CONCRETE ENCASED TIMBER PILES INTERIOR BENT # 2: RC P3B BEAMS: 10"w X 27-h X 9/16"flange X 9/16"web co r Span Length Br g. To Br g. 1 37'-9" 36'-4" 2 37'-6" 36'-9" 1 37'-9" 36'-4" 20' 5' Page of s-•oCtl a `l Q L•Z141 i"N M Z•SL+o 2" Z I 0 f III L Ls;o e rQ g N v J +1 ?o pJ 0 Ica II r- ?l Cb all 1 ? n Ica G 0 o-*v 0 CALCULATION SHEET PAGE OF t7?/Jle' bd?bdil X MJl1l1 !X{ilNll XlNll IN( CLIENT SUBJECT r? n2 'DL EL) ( -COLI) -nnS Prepared By 2 1 Date Q L 's ,- PROJECT No. Reviewed By Date ?2z L)(-- o?? '-'rte=? H l 5 ?ZG C-a.p Na cu-Q - USit- PiLlvr,?, 2 r.s' z' E:l 1? c? j -;k cu3 Y, co pa le s = .3 ----------- C, ., - --121 C-Q II I I 1 OF 1 REPLACE BRIDGE NO. 28 ON NC 801 OVER WITHROW CREEK a ' a ROWAN COUNTY TIP NO. B-4255 STATE PROJECT NO. 8.1632201 FEDERAL AID PROJECT NO. BRSTP-0801(3) NATURAL RESOURCES TECHNICAL REPORT B-4255 OF 40 R'" h~ p 7 o °` z ?FNT OF TR A14SQO NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS .PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH January 2002 Prepared by: ?C 7 '"' 8000 Regency Parkway -fl Suite 200 ! Cary, North Carolina 27511 Phone: 919.463.5488 1 : k ! : ; Fax: 919.463.5490 www.buckengineering.com f. TABLE OF CONTENTS 1.0 INTRODUCTION ....................................................................................................1 1.1 Project Description .............................................................................................. 1 1.2 Methodology ....................................................................................................... 1 1.3 Terminology and Definitions .............................................................................. 2 1.4 Qualifications of Principal Investigator .............................................................. 2 2.0 PHYSICAL RESOURCES ...................................................................................... 5 2.1 Regional Characteristics ...................................................................................... 5 2.2 Soils ..................................................................................................................... 5 2.3 Water Resources .................................................................................................. 6 2.3.1 Best Usage Classification ....................................................................... 6 2.3.2 Physical Characteristics of Surface Waters ............................................ 7 2.3.3 Water Quality ......................................................................................... 7 2.3.3.1 Benthic Macroinvertebrate Ambient Network ........................ 7 2.3.3.2 Point and Non-point Source Dischargers ................................ 7 2.4 Summary of Anticipated Impacts ....................................................................... . 8 3.0 BIOTIC RESOURCES ........................................................................................... . 8 3.1 Biotic Communities ........................................................................................... . 9 3.1.1 Disturbed/Maintained Community ........................................................ . 9 3.1.2 Floodplain Forest ................................................................................... . 9 3.1.3 Upland Forest ........................................................................................ . 9 3.1.4 Agriculture ............................................................................................ 10 3.1.5 Aquatic Community ............................................................................. 10 3.1.6 Wildlife ................................................................................................. 10 3.2 Summary of Anticipated Impacts ...................................................................... 12 3.2.1 Terrestrial Impacts ................................................................................ 12 3.2.2 Aquatic Impacts .................................................................................... 12 4.0 JURISDICTIONAL TOPICS ............................................................................... 13 4.1 Waters of the United States ............................................................................... 13 4.1.1 Characteristics of Wetlands and Surface Waters ................................ 13 4.1.2 Permits ................................................................................................ 13 4.1.2.1 Bridge Demolition ................................................................. 14 4.1.3 Avoidance, Minimization, Mitigation .................................................. 14 4.2 Rare and Protected Species ............................................................................... 15 4.2.1 Federally Protected Species .................................................................. 15 4.2.2 Federal Species of Concern and State Listed Species .......................... 16 5.0 RE FE RENCES .......................................................................................................18 APPENDIX A ................................................................................................................ 20 TABLES Table 1. Estimated Areas of Impact to Terrestrial Communities .................................... 12 Table 2. Species Under Federal Protection in Rowan County ........................................16 Table 3. Federal Species of Concern for Rowan County ................................................ 16 FIGURES Figure 1. Vicinity Map ........................................................................................................ 4 Figure 2. Terrestrial Vegetation Communities Within Project Area .................................11 ii 1.0 INTRODUCTION . The following Natural Resources Technical Report is submitted to assist in the preparation of a Categorical Exclusion (CE) for the proposed project (Replacement of Bridge No. 28 on NC 801 over Withrow Creek, Rowan County). The purpose of this report is to inventory and describe the natural resources which occur within the proposed right-of-way boundaries and which are likely to be impacted by the proposed action. Assessments of the nature and severity of probable 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 and effective manner. The analyses contained in this document are relevant only in the context of the existing preliminary project boundaries and design. If design parameters and criteria change, additional field investigations may be necessary. 1.1 Project Description The proposed project crosses Withrow Creek (Figure 1). The project calls for the replacement of Bridge No. 28 on NC 801 over Withrow Creek in Rowan County. The project description will be added at a later date. 1.2 Methodology Research was conducted prior to field investigation. Published resource information pertaining to the project area was gathered and reviewed. Resources utilized in this preliminary investigation of the project area include: o Geological Survey (USGS) quadrangle maps (Cleveland) o United States Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) quadrangle map (Cleveland) o NCDOT aerial photograph of project area (1 in = 100 ft) USDA Natural Resource Conservation Service, formerly known as Soil Conservation Service, Soil Survey of Rowan County, North Carolina (1995) Water resource information was obtained from publications posted on the World Wide Web by NCDENR, Division of Water Quality (DWQ). Information concerning the occurrence of federally protected species in the study area was obtained from the USFWS list of protected and candidate species (February 26, 2001 list), and from the NC Natural Heritage Program (NCNHP) database of rare species and unique habitats. NCNHP files were reviewed for documented occurrences of state or federally listed species and locations of significant natural areas. 1 General natural resource surveys and federally protected species surveys were conducted along the proposed alignment by biologists from Buck Engineering PC on August 1, 2001 and September 11, 2001, respectively. Water resources were identified and their physical characteristics were recorded. Plant communities and their associated wildlife were also identified and described. Terrestrial community classifications generally follow Schafale and Weakley (1990) where possible, and plant taxonomy follows Radford et al. (1968). Vertebrate taxonomy follows Martof et al. (1980), Potter et al. (1980), and Webster et al. (1985). Predictions regarding wildlife community composition involved general qualitative habitat assessment based on existing vegetative communities. Wildlife identification involved using a variety of observation techniques. Techniques included qualitative habitat assessment based on vegetative communities, active searching, and identification of characteristic wildlife signs (sounds, scat, tracks, and burrows). Jurisdictional wetlands, if present, were delineated and evaluated based on criteria established in the U.S. Army Corps of Engineers Wetlands Delineation Manual (Environment Laboratory, 1987) and Guidance for Rating the Values of Wetlands in North Carolina (Division of Environment Management, 1995). Wetlands were classified based on the classification scheme of Cowardin et al. (1979). 1.3 Terminology and Definitions For the purposes of this document, the following terms are used concerning the limits of natural resources investigations. "Project area" denotes the area bounded by the proposed right-of-way limits along the full length of the project alignment. "Project vicinity" is defined as an area extending 0.6 mi (1.0 km) on all sides of the project area, and "Project region" denotes an area equivalent in size to the area represented by a 7.5 minute USGS quadrangle map, i.e. [61.8 sq. mi (163.3 sq. km)]. "Study area" denotes the area that was covered during the natural resource surveys. The study area limits are sh6wn in Figure 2, and were derived from aerial maps provided by NCDOT. 1.4 Qualifications of Principal Investigator Investigator: Gregory W. Price, Senior Biologist Education: MS, Biology, Appalachian State University, 1989 BA, Biology, Appalachian State University, 1985 Experience: Senior Biologist, Buck Engineering, Cary, NC, 2000 to present. Senior Engineering Technician, City of Durham, NC, 1997 to 2000. Biology Instructor, Wake Technical Community College, 1993 to 1997. Environmental Biologist, NC Division of Water Quality, 1991 to 1997. Environmental Technician, NC Division of Environmental Management, May 1990 to September 1991. Biology Lab Instructor/Research Assistant, Appalachian State University, August 1985 to May 1989. Summer Naturalist, Duke Power State Park, June 1985 to August 1985. 2 Expertise: NEPA investigations; Section 7 field investigations; wetland and stream delineation and mitigation; water quality/biological monitoring of streams and lakes, environmental education. 3 Figure 1. Vicinity Map of TIP No. B-4255, Rowan County 551. Ebenezer Ch. 801 '• i' ? 15Z6? ;.. N 1737 1733 '1773 -'? ?- -1790 177 .5 .5 1735 r i tJ 1771, 26 80 4 2.0 PHYSICAL RESOURCES Soil and water resources that occur in the project area are discussed below as they relate 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 concerns 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 Regional Characteristics Rowan County lies within Piedmont physiographic region in the west-central part of North Carolina. The county is characterized by broad, gently rolling to hilly landscapes that have moderately steep or steep slopes along rivers and major tributaries. Most areas of the county are drained directly into the South Yadkin and Yadkin Rivers by tributaries that flow generally northeastward. County elevations range from 1,100 ft (335 m) at Youngs Mountain in Barber to 560 ft (171 m), which is the water level of Tuckertown Reservoir. Project area elevations average 680 ft (207 m). 2.2 Soils There are 4 soil types located in the project area. A brief description of each soil is provided. o Chewacla loam, 0-2% slope (ChA) is a very deep, somewhat poorly drained soil found on floodplains along streams and drainageways in the Piedmont. Permeability is moderate with frequent flooding and depth to the seasonal high water table is 0.5 to 1.5 feet below the surface. The surface layer is typically an 8-inch thick brown loam. This soil has main limitations of wetness and flooding and is on the North Carolina Hydric Soil List (NRCS 1995) with a Capability Unit of IVw. o Enon fine sandy loam, 8-15% slope (EnC) is a very deep, well drained soil found on narrow ridges and side slopes in the Piedmont. It has a surface layer of 7-inch brown fine sandy loam. Bedrock depth in these areas is more than 60 inches. This soil has slow permeability and high shrink-swell potential. o Poindexter-Mocksville complex 15-25% slope (PxD) is an equally proportioned combination of the Poindexter and the Mocksville series with steep slopes. Both soil series are found along very narrow ridges and side slopes of the Piedmont and 5 are relatively well drained and moderately permeable. Depth to the seasonal high water table is greater than 6 feet below the surface with no flooding for both series. Poindexter soils are moderately deep to weathered bedrock with a surface layer consisting of about 9 inches of dark grayish brown loam. Mocksville soils are very deep to bedrock with a somewhat shallower surface layer consisting of dark grayish brown loam. The main limitations for this soil are related to the steep slope and the erosion potential with a Capability Unit of VIe. v Zion-Enon complex, 8-15% slope (ZeC) is a combination of the Zion and Enon series that is commonly found on narrow ridges and side slopes of the Piedmont uplands. They are moderately to very deep, well drained, and have slow to moderately slow permeability. Depth to the seasonal high water table is greater than 6 feet with no flooding and the surface layers for both series are relatively thin with about 3 inches of dark grayish brown loam. The main limitations for this soil are related to problems with moderate slope and slow permeability in the subsoil and the Capability Unit is IVe. 2.3 Water Resources This section contains information concerning water resources likely to be impacted by the proposed project. Water resources assessments include the physical characteristics likely to be impacted by the proposed project (determined by field survey), best usage classifications, and water quality aspects of the water resources. Probable impacts to surface waters are also discussed, as well as means to minimize impacts. 2.3.1 Best Usage Classification Water resources within the study area are located in the Yadkin River Drainage Basin. There is one water resource in the project study area. NC 801 crosses Withrow Creek, a tributary to Second Creek, which drains into the South Yadkin River. Streams have been assigned a best usage classification by the DWQ, which reflects water quality conditions and potential resource usage. The classification for Withrow Creek (DWQ Index No. 12-108-21-3, 8/1/98) is classified as C. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. No registered point source dischargers are located in or directly upstream from the project study area. No waters classified as High Quality Water (HQW), Water Supplies (WS-I or WS-II) or Outstanding Resource Waters (ORW) occur within 1.0 miles [mi] (1.6 kilometers [km]) of the project study area. 6 2.3.2 Physical Characteristics of Surface Waters Withrow Creek at NC 801 is approximately 30 ft (9 m) wide and is approximately 1 ft (0.3 m) deep. The creek has substrate composed primarily of sand. 2.3.3 Water Quality This section describes the quality of the water resources within the project area. Potential sediment loads and toxin concentrations of these waters from both point and non-point sources are evaluated. Water quality assessments are based upon published resource information and field study observations. 2.3.3.1 Benthic Macroinvertebrate Ambient Network The Basinwide Monitoring Program, managed by DWQ, 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 [Ephemeroptera, Plecoptera, Trichoptera (EPT)] and a taxa richness (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. The closest benthic macroinvertebrate monitoring is located on Withrow Creek off SR 1547 upstream of the project study area. That station received a Good-Fair bioclassification rating in 1996 (EPT taxa = 14) and in 2001 (EPT taxa = 18). 2.3.3.2 Point and Non-point Source Dischargers Point source discharge is defined as "a discharge that enters surface waters through a pipe, ditch or any other well-defined point of discharge. The term applies to wastewater and stormwater discharges from a variety of sources" (D)6'Q, 1998). Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. Any discharger is required to register for a permit. No registered point source dischargers are located in or directly upstream from the project study area. Non-point source discharge refers to runoff that enters surface waters through stormwater, snowmelt, or atmospheric deposition (DWQ, 1998). Many types of land-use activities serve as sources of non-point source pollution, which include land development, construction, crop production, animal feeding lots, failing septic systems, landfills, roads, and parking lots. Sediment and nutrients are major pollution-causing substances associated with non-point source pollution. Other sources of pollution include fecal 7 coliform bacteria, heavy metals, oil and grease, and any other substance that may be washed off the ground or removed from the atmosphere and carried into surface waters. The major non-point sources in the project study area appear to be from crop production and road runoff. 2.4 Summary of Anticipated Impacts Impacts to water resources in the project area are likely to result from activities associated with project construction, such as clearing and grubbing on streambanks, riparian canopy removal, instream construction, fertilizers and pesticides in revegetation, and pavement installation. The following impacts to surface water resources are likely to result from the above mentioned construction activities. • Increased sedimentation and siltation downstream of the crossing and increased erosion in the project area. • Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. • Alteration of water levels and flows due to interruptions and/or additions to surface and groundwater flow from construction. • Changes in and destabilization of water temperature due to vegetation removal. • Increased nutrient loading during construction via runoff from exposed areas. • Increased concentrations of toxic compounds in roadway runoff. • Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles. • Alteration of stream discharge due to silt loading and changes in surface and groundwater drainage patterns. In order to minimize potential impacts to water resources in the project area, NCDOT's Best Management Practices for the Protection of Surface Waters will be strictly enforced during the construction phase of the project. Impacts can be further reduced by limiting instream activities and revegetating stream banks immediately following the completion of grading. 3.0 BIOTIC RESOURCES Biotic resources include terrestrial and aquatic communities. This section describes the biotic communities encountered in the project area, as well as the relationships between fauna and flora within these communities. The composition and distribution of biotic communities throughout the project area are reflective of topography, soils, hydrology, and past and present land uses. Descriptions of the terrestrial systems are presented in the context of plant community classifications. These classifications follow Schafale and Weakley (1990) where possible. Representative animal species that are likely to occur in these habitats (based on published range distributions) are also cited. 8 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. Fauna observed during the site visit are denoted in the text with an asterisk (*). 3.1 Biotic Communities Biotic communities include terrestrial and aquatic elements. Much of the flora and fauna described within biotic communities utilize resources from adjacent communities, making boundaries between contiguous communities difficult to define. There are five communities located in the project area: disturbed/maintained, floodplain forest, upland forest, agriculture, and aquatic communities (Figure 2). 3.1.1 Disturbed/Maintained Community This community is located on the north and south side of the bridge and NC 801. and consists mostly of grasses, herbs, and vines including fescue (Festuca spp.), goldenrod (Solidago spp.), knotweed (Polygonum spp.), pokeweed (Phytolacca americana), ragweed (Ambrosia artenzisiifolia), Heal-all (Primella spp.), sunflowers (Helianthus spp.), Queen Anne's Lace (Daucus carota), Japanese honeysuckle (Lonicera japonica), poison ivy (Toxicodendron radicans), wild grape (Vitis spp.), morning glory Qpomoea spp.), trumpet creeper (Campsis radicans), and cross-vine (Bignonia capreolata). Staghorn sumac (Rhus typha), blackberry (Rubes spp.) and sweet gum (Liquidambar styraciflua) saplings were also present. Transitions of this community with other communities (upland forest and floodplain forest) also exist within the project area. 3.1.2 Floodplain Forest Dominant woody vegetation in the floodplain forest community include river birch (Betula nigra), sycamore (Platanus occidentalis), box elder, green ash (Fraxinus pennsylvanica), black walnut (Juglans nigra), American elm (Ulmits americana), silky dogwood (Comets antontunt), elderberry (Sambucus canadensis), pawpaw (Asimina triloba), Chinese privet (Ligustrumt sinense), and giant cane (Arundinaria gigantea). Vine species consist of poison ivy, trumpet creeper, Virginia creeper (Partheltocissus quinquefolia), green-brier, wild grape, honeysuckle, and cross-vine. The herb community is composed of microstegium (Microstegium vimineum), jewelweed (Impatiens capensis), panic grasses (Panicum spp.), false nettle (Boehmeria cylindrica), The floodplain forest community most closely represents a Piedmont Alluvial Forest as described in Schafale and Weakley (1990). 3.1.3 Upland Forest The upland forest community is located upslope of the floodplain community. This community includes a mixture of northern red oak (Quercus rubra), white oak 9 (Quercus alba), shagbark hickory (Carya ovata), box elder (Ater negundo), tulip poplar (Liriodendron ttdipifera), red maple (Ater ntbnan), winged elm (Ubnus alata), American elm, and sugarberry (Celtis laevigata). Understory and shrub species include flowering dogwood (Conttts florida), pawpaw, redbud (Cercis canadensis), sassafras (Sassafras albidum), tulip poplar saplings, American beech (Fagus grandifolia) saplings and blackberry (Rubles spp.). The upland forest community most closely resembles the Basic Mesic Forest (Piedmont subtype) community as described in Schafale and Weakley (1990). 3.1.4 Agriculture Croplands (corn) exist just east of NC 801 within the project area just south of Withrow Creek. Haylands exist just west of NC 801 within the project area just north of Withrow Creek. 3.1.5 Aquatic Community This community consists of Withrow Creek. The NCDWQ has an ambient benthic macroinvertebrate monitoring station on Withrow Creek near SR 1547, approximately four miles upstream of the project area. Species collected in August 2001 at that station, included 12 mayflies, 2 stoneflies, and 4 caddisflies. Dragonflies, damselflies, and snails (Elimia spp.) were also observed in that reach of Withrow Creek. That station received a Good-Fair overall rating by NCDWQ. 3.1.6 Wildlife Maintained/disturbed communities adjacent to forested tracts provide rich ecotones for foraging, while the forests provide forage and cover. Common mammals and birds associated with ecotones and upland forests are least shrew (Crypototis parva), southern short-tailed shrew (Blarina carolinensis), hispid cottonrat (Sigmodon hispidus), eastern cottontail rabbit (Sylvilagtts floridanus), raccoon (Procyon lotor), gray squirrel (Sciurus carolinensis), white-tailed deer (Odocoileus virginianus), Virginia opossum (Didelphis virginiana), Northern mockingbird (Mimes polyglottos), northern cardinal (Cardinalis cardinalis), Carolina chickadee (Poecile carolinensis), tufted titmouse (Baeolophus bicolor), European starling (Stunius vulgaris), and common grackle (Quiscalus quiscula). The agriculture community also provides good habitat for mourning dove (Zenaida macroura) and bobwhite (Colinus virginianus). Aquatic wildlife is addressed in Section 3.1.5. 10 4 j LEGEND Agriculture DOT Bridge W E Upland Forest Primary Roads Floodplain Forest Streams S ll Disturbed/Maintained Project Boundary r°?D m? r i 1 Bridgo #28 r Cr ,!y r i ! I r I i I I I E I II i I e I ? I I I 801 IRED =LL tk- ??? ROWA DAVIDSbN Figure Terrestrial Vegetation Communities Within Project Area SCALE 200 0 200 400 Feet 3.2 Summary of Anticipated Impacts Construction of the proposed project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. This section quantifies and qualifies potential impacts to the natural communities within the project area in terms of the area impacted and the organisms affected. Temporary and permanent impacts are considered here as well, along with recommendations to minimize or eliminate impacts. 3.2.1 Terrestrial Impacts Impacts to terrestrial communities will result from project construction due to the clearing and paving of portions of the project area, and thus the loss of community area. Table 1 summarizes potential losses to these communities, resulting from project construction. Calculated impacts terrestrial communities reflect the relative abundance of each community present in the study area. Estimated impacts are derived based on the project lengths described in Section 1.1 where they intersect with the natural communities, and the entire proposed right-of-way width of [ ] for the bridge replacement and another [ ] for the on-site detour. However, project construction often does not require the entire right-of-way; therefore, actual impacts may be considerably less. T:ihle 1. Estimated areas of impact to terrestrial communities Community Area of Impact acres (hectares) Disturbed/Maintained Flood lain Forest Upland Forest Agriculture Total Impact 3.2.2 Aquatic Impacts Impacts to the aquatic community of Withrow Creek will result from the replacement of Bridge No. 28. Impacts are likely to result from the physical disturbance of aquatic habitats (i.e. 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. i Inhibition of plant growth. o Algal blooms resulting from increased nutrient concentrations. • Loss of benthic macroinvertebrates through scouring resulting from an increased sediment load. 12 N Impacts to aquatic communities can be minimized by strict adherence to BMP's. 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 the Code of Federal Register (CFR) Part 328.3. Any action that proposes to dredge or place fill material into surface waters of wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). Surface waters include all standing or flowing waters which 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 to delineate jurisdictional wetlands include evidence of hydric soils, hydrophytic vegetation and hydrology. There are no wetlands in the project area. Physical aspects of surface waters are described in Section 2.3.2. Impacts to jurisdictional surface waters are calculated based on the linear feet of the stream that are located within the proposed right-of-way. A combined length of [ ] of Withrow Creek and [ ] of streambed may be permanently or temporarily impacted by the proposed bridge replacement. 4.1.2 Permits Impacts to jurisdictional surface waters are anticipated from 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 23 CFR 330.5(a)(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 regulation for implementing the procedural provisions of the National Environmental Policy Act: 13 (1) that the activity, work, or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and; (2) that the office of the Chief of Engineers has been furnished notice of the agency'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 DWQ prior to the issuance of the Nationwide Permit. Section 401 of the Clean Water Act requires that the state issue or deny water quality 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 permit from the DWQ is a prerequisite to issuance of a Section 404 permit. 4.1.2.1 Bridge Demolition Bridge No. 28 is located on NC 801 over Withrow Creek in Rowan County. 4.1.3 Avoidance, Minimization, Mitigation The COE has adopted through the Council of Environmental Quality (CEQ) 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: avoiding impacts (to wetlands), minimizing impacts, rectifying impacts, reducing impacts 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 Environmental Protection Agency (EPA) and the COE, 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. Minimization typically focuses on decreasing the footprint of the proposed project through the reduction to median widths, right-of-way widths, fill slopes and/or road shoulder widths. 14 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 adverse impacts that remain after all appropriate and practicable minimization has been required. Compensatory actions often include restoration, creation, and enhancement of Waters of the United States, specifically wetlands. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site. Compensatory mitigation is required for those projects authorized under Nationwide Permits that result in the fill or alteration of: o More than 1.0 ac (0.4 ha) of wetlands; o And/or more than 150 ft (45.7 m) of streams. The impacts from this project do not meet the minimum mitigation thresholds. Therefore, no mitigation requirement is anticipated. However, final permit/mitigation decisions rest with the COE. 4.2 Rare and Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human development. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally protected, be subject to review by the United States Fish and Wildlife Service (USFWS). Other species may receive additional protection under separate state laws. 4.2.1 Federally Protected Species Plants and animals with a federal classification of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of February 26, 2001, the USFWS lists two federally protected species for Rowan County. These species are listed in Table 2. Brief descriptions of the characteristics and habitat requirements for these species are included in Appendix A. Biological Conclusions of "No Effect" were found for both protected species. 15 A. Table 2. Federallv Protected Species for Rowan Common Name Scientific Name Status Bald eagle Haliaeetus leucocephalus Threatened-PD* Schweinitz's sunflower Helianthus schiveinitzii Endangered Note: • "Endangered" denotes a species in danger of extinction throughout all or a significant portion of its range. • "Threatened" denotes a species likely to become endangered in the foreseeable future throughout all or a significant portion of its range. • * "PD" - Proposed for delisting. A review of the NCNHP database of rare species and unique habitats shows no occurrence of federally protected species within 1.0 mile (1.6 km) of the project study area. 4.2.2 Federal Species of Concern and State Listed Species There are four federal species of concern listed by the USFWS for Rowan County (Table 3). Federal species of concern (FSC) are not afforded federal protection under the Endangered Species Act 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 so should be included for consideration. Federal Species of Concern are defined as species that are under consideration for listing for which there is insufficient information to support listing. In addition, organisms which are listed as Endangered (E), Threatened (T), or Special Concern (SC) by the North Carolina Natural Heritage Program (NCNHP) list of Rare Plant and Animal Species are afforded state protection under the NC State Endangered Species Act and the NC Plant Protection and Conservation Act of 1979. Table 3 lists the FSC, the state status of these species (if afforded state protection), and the potential for suitable habitat in the project area for each species. This species list is provided for information purposes as the protection status of these species may be upgraded in the future. Table 3. Federal Species of Concern for Rowan Common Name Scientific Name NC Status Habitat Present.. ? Carolina darter Georgia aster Heller's trefoil Etheostonia collis collis SC Yes Astergeorgianus* T Yes Lotus helleri C Yes Virginia quillwort Isoetes virginica C No Note: * This is a Federally listed Cl taxon, a taxon under consideration for official listing for which there is sufficient information to support listing. C A Candidate is any species which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction. 16 SC A Special Concern species is one which requires monitoring but may be taken or collected and sold under regulations adopted under the provisions of Article 25 of Chapter 113 of the General Statutes (animals) and the Plant Protection and Conservation Act (plants). Only propagated material may be sold of Special Concern plants that are also listed as Threatened or Endangered. T A Threatened species is any native or once native species which is likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act. A review of the NCNHP database of rare species and unique habitats shows no occurrence of FSC species within 1.0 mi (1.6 km) the project study area. 17 . 5.0 REFERENCES Amoroso, J.L., ed. 1997. Natural Heritage Program List of the Rare Plant Species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, North Carolina. 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 and Wildlife Service, Office of Biological Services, FWS/OBS-79/31. U.S. Department of the Interior, Washington, DC. Environmental Laboratory. 1987. U.S. Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. LeGrand, H.E., Jr. and S.P. Hall, eds. 1999. Natural Heritage Program List of the Rare Animal Species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, North Carolina Department of Environment and Natural Resources. Raleigh, North Carolina. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison, 111. 1980. Amphibians and Reptiles of the Carolinas and Virginia. University of North Carolina Press, Chapel Hill, North Carolina. NCDEHNR. 1995. Guidance for Rating the Values of Wetlands in North Carolina. Division of Environmental Management. NCDENR. 1998. Basin-Wide Assessment Report of the Yadkin-Pee Dee River Basin. Environmental Sciences Branch, Water Quality Section, Division of Water Quality, Raleigh, North Carolina. NCDENR. "Water Quality Stream Classifications for Streams in North Carolina. " Water Quality Section. http://h2o.enr.state.nc.us/wqhome.html (27 Jul 2000). Palmer, W.M., and A.L. Braswell. 1995. Reptiles of North Carolina. The University of North Carolina Press, Chapel Hill, North Carolina. Potter E.F., J.F. Parnell, and R.P. Teulings. 1980. Birds of the Carolinas. The University of North Carolina Press, Chapel Hill, North Carolina. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, North Carolina. United States Fish and Wildlife Service. "Endangered Species/ Section 7 Program in North Carolina." North Carolina Ecological Services. http://web.ral4.fws.gov (22 March 2001). 18 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, North Carolina. 19 APPENDIX A Descriptions of Federally Protected Species found in Rowan County, NC Haliaeetus leucocephalus (Bald eagle) Animal Family: Accipitridae Federally Listed: March 11, 1967 Threatened-Proposed for Delisting Adult bald eagles can be identified by their large white head and short white tail. The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can be identified by their flat wing soar. Eagle nests are found in close proximity to water (within a half mile) with a clear flight path to the water, in the largest living tree in an area, and having an open view of the surrounding land. Human disturbance can cause an eagle to abandon otherwise suitable habitat. The breeding season for the bald eagle begins in December or January. Fish are the major food source for bald eagles. Other sources include coots, herons, and wounded ducks. Food may be live or carrion. BIOLOGICAL CONCLUSION: NO E 1 CT The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on July 25, 2001. No populations of this species have been reported from the project vicinity and no birds or nests were observed during the site visits conducted on August 1, 2001 and September 11, 2001. Helianthus schweinitzii (Schweinitz's sunflower) Plant Family: Asteraceae Federally Listed: May 7, 1991 Endangered Schweinitz's sunflower, usually 3 to 6 feet tall, is a perennial herb with one to several fuzzy purple stems growing from a cluster of carrot-like tuberous roots. Leaves are 2 to 7 inches long, 0.4 to 0.8 inch wide, lance-shaped, and usually opposite, with upper leaves alternate. Leaves feel like felt on the underside and rough, like sandpaper, on the upper surface. The edges of the leaves tend to curl under. Flowers are yellow composites, and generally smaller than other sunflowers in North America. Flowering and fruiting occur mid-September to frost. This plant grows in clearings and along the edges of upland woods, thickets and pastures. It is also found along roadsides, powerline clearings, old pastures, and woodland openings. It prefers full sunlight or partial shade, but is intolerant of full shade. 20 k i dt, BIOLOGICAL CONCLUSION: NO EFFECT Potential habitat for Schweinitz's sunflower occurs along roadsides, power line right-of-ways, and field edges throughout the project area. The project study area was evaluated for potential Schweinitz's sunflower habitat and extensive field surveys were performed in September 2001. No populations were found within the area of potential impact. The NCNHP's database of rare species and unique habitats was checked on July 25, 2001. No populations of this species have been reported in the project area. Therefore, the proposed project is not anticipated to result in an adverse impact to this species. 21