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HomeMy WebLinkAbout20040306 Ver 1_Complete File_20040309x .. .. ,,,~e~n ~~. ~= ~. a.. •~ w..~..N' ~.! STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION )~nnES B. HUNT J~. DIVISION OF HIGHWAYS GAELLAND B. GA~RF-n~ JR. GOVEIa~IOR P.O. BOX ~5~01. ~,~LEIGH, N.C. 27611-5201 SECRETARY December 16, 1997 MEMO TO: Project File FROM: Bill Goodwin, P. E. TC Project Planning Engineer SUBJECT: Scoping Meeting for Replacement of Bridge No. 61 on NC 133 over Town Creek in Brunswick County, Federal Aid Project No. BRSTP-133(1), State Project No. 8.1231401, TIP No. B-3115 A scoping meeting for the subject project was held on December 10. 1997. The following persons were in attendance: Debbie Bevin SHPO Ray Moore Structure Design Lanette Cook Program Development Jerry Snead Hydraulics Chris Howard Traffic Control Eddie Sasser Traffic Control Sue Flowers Roadway Design Lee McCrory Roadway Design Gary Foster Roadway Design Bill Goodwin Planning and Environmental Utility conflicts will be low for this project. There are underground phone cables on the both sides of NC 133 going aerial across the creek. There is also a fiber optic cable underground along the east side of NC 133. Along the east side of NC 133 there are overhead power lines that cross over to the west side just south of the bridge. Ms. Cyndi Bell of DWQ indicated, prior to the meeting, that Town Creek is classified as Class C - SW. Implementation of Standard Sedimentation and Erosion Control Measures will be acceptable. Surface water and wetland impacts should be avoided and minimized where ever possible. Mr. David Cox of NC WRC indicated by memo, that NCDOT should routinely minimize adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. NCDOT ^~ ~ .k should install and maintain sedimentation control measures throughout the life of the project and prevent wet concrete from contacting water in or entering into the stream. Replacement of bridges with spanning structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Spanning structures allow wildlife passage along streambanks, reducing habitat fragmentation and vehicle related mortality at highway crossings. Town Creek has high potential for anadromous fish usage and the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage" should be followed for this project. Ms. Debbie Bevin of the State Historic Preservation Office (SHPO) indicated that there are no known architectural or archaeological resources in the project area and no unknown resources are likely to be found. Therefore, no surveys will be required for this project. Mr. Jerry Snead of the Hydraulics Unit indicated that a new bridge will be required to replace the existing bridge. This bridge should be 91 meters (300 feet) in length. This new bridge should be placed at approximately the same roadway elevation as the existing bridge. An on-site detour structure should be a bridge 82 meters (270 feet) in length and could be placed approximately 1 meter (3 feet) lower than the existin~~ bridge. The detour structure should be located west of the existing bridge to minimize temporary wetland impacts. Brunswick County is one of the counties under the jurisdiction of the Coastal Area Management Act (CAMA). Therefore, a CAMA permit will be required for this project. A desired design speed of 100 km/h (60 mph) should be achieved on this project. The roadway approaches will have two 3.6 meter (12 ft) travel lanes, 1.2 meter (4 foot) paved shoulders, and a total shoulder width of at least 2.4 meters (8 ft). The shoulder will be 1.0 meters (3 feet) wider where guardrail is warranted. This section of NC 133 is classified as a Rural Major Collector Route in the Statewide Functional Classification System. The Brunswick County School Bus Transportation Coordinator indicated that two school busses cross this bridge twice per day during the school year. Closing the bridge during construction would cause significant delays for these busses. Any detour route would involve may miles of indirect travel; therefore, school bus traffic needs to be maintained on-site. The Traffic Forecasting Unit has indicated that near Bridge No. 61, NC 133 carries 5600 vehicles per day at present [1998]. This figure is expected to increase to 12,000 vehicles per day by the year 2020. These traffic figures include 3% dual tired vehicles [DUAL], and 2% truck- tractor semi-trailers [TTST]. The design hourly volume [DHV] is 10%. The Division Engineer has indicated that replacing the bridge in-place, with an on-site detour is important for this project. The traffic volume and length of indirect travel routes make an off-site detour unreasonable. Two alternates will be evaluated for replacing Bridge No. 61 over Town Creek. Alternate 1: Replace Bridge No. 61 in place with a new bridge. Traffic will be maintained on a temporary detour located west of the existing bridge during construction. ~ ~ y. Alternate 2: Replace Bride No. 61 on new alignment to the west of the e~istina bridge with a ne~v bridge. Traffic will be maintained on the e~cistina bridge during construction. The TIP cost estimate for this project is $ 1,400,000 including, $ 200,000 spent in prior years, $ 1,100,000 for construction and $ 100,000 for right of way acquisition. The current project schedule calls for right of way acquisition to begin in May 2000 and construction to begin in June 2001. BG/ ~...:•~: .~~ P~T, ,ti ~J: iyne.x ' n y T:Y nl.a fl.: ~': plu 'wwv ,n... '~~, B R U N S W L~%~,~~C ~~ i` 9 y: t' s ~~'- t~.~ a R ~ y. . ~- 1 Rr y t] nf. 11~ '- .r~~l l~~ j "I~ ~fry~ / ~ v ~ ~H tfi ^t' ~ // 1 „. ~* -.~ 1 .. ee. ~ aoe ~. ~f ~ Oc• ,~ leacn tir ~ u s . ~ •~ _~ ~~v ~~ ~ ~~~ I~ ,~' 1 ~ ~, `- 1 . ~ ~` ,, CAMPBELL ISLAND `'~ 1. ,~OF NORiN ~c~qo North Carolina Department of q \~ Transportation _! Division of Highways 9 ~~ ''~F_ _,oa`~~ Planning & Environmental Branch Brunswick County Replace Bridge No. 61 on NC 133 Over Town Creek B-3115 Figure One BRIDGE PROJECT SLOPING SHEET 11 /6/97 TIP PROJECT: _ B-3115 DIVISION: Three F. A. PROJECT: BRSTP - 133(11 STATE PROJECT: _8.1231401 COUNTY: Brunswick ROUTE: NC 133 DESCRIPTION: Reblacement of Bride No. 61 on NC 133 over Town reek PROJECT PURPOSE: replace obsolete bride PROJECT U.S.G.S. QUAD SHEET(S): Wilmin~on NC Ouad ROADWAY CLASSIFICATION: Rural Major Collector TIP CONSTRUCTION COST .......................................................................... $ 1,100,000 TIP RIGHT OF WAY COST .......................................................................... $ 100,000 PRIOR YEARS COST ...................................................................................... $ 200,000 TIP TOTAL COST ........................................................................................... $ 1,400,000 TRAFFIC: CURRENT 5300 VPD; DESIGN YEAR (2020) 12000 VPD TTST ~ % DUAL ~ EXISTING ROADWAY TYPICAL SECTION: Two lane shoulder ection 20 foot pavement gassed shoulder EXISTING STRUCTURE LENGTH 91.5 McTEas WIDTH 8.1 METERs 300 FEET 26.4 FEET COMMENTS: N ~~~ ~;~ I ~l 1 ~- _ ~ J ~ ~ J CAMPBELL ISLAND ~~. °F"°"r"~,~ North Carolina Department of ~~ qo\ y `~~,, Transportation .~ g ~! Division of Highways ~~ Q°~~ Planning & Environmental Branch ~OF TIIPH'~~ Brunswick County Replace Bridge No. 61 on lYC 133 Over Town Creek B-3115 Figure One NCDOT BRIDGE REPLACEMENT SLOPING MEETING DATE: T.LP. No.: Project Engineer: Project Description: Replace Existing bridge built 19_ Right of Way 19_ Posted limits: mph; dimensions existing: _ proposed: _ structure existing: Bridge No. over on Sufllciency Rating Let/Construction 20 Ibs cars lbs trucks -wide x long travel lanes -wide x long travel lanes in County Paved/Llnpaved Design Year 20_ elevation above stream elevation above stream proposed: school buses accidents current use v.p.d., anticipated use v.p.d. Design Year Classification: Division Engineer recommendations: Hydraulics recommendations: Detour type/rationale: Design constraints: Right-of-Way issues: WRC comments: Moratorium recommended - for Sediment and Erosion control recommended - DWQ comments: Utility conflicts: Historic properties: Anticipated wetland issues: Other cultural/natural resource issues: checklist: avoid wetlands, show alternatives in document maximize bridging (i.e. cost of mitigation vs. cost of extra bridging) replace with bridge if possible, aced rational for culvert discuss temporary impacts and restoration ~.,Q ti w "33 any geotechnical work'? prefer bridge to culvert anadromous fish any stream rechannelization or new wetland impac~ti (mitigation)'? hazardous spill basins erosion/side slope problems approach work impacts any associated highway projects'? Stream name: DWQ Index No. River Basin: DWQ Classitication: NWI Info: ~pQ~~EHT oFT"F~y~ United States Department of the Interior a a FISH AND WILDLIFE SERVICE Raleigh Field Office _' Post Office Box 39726 M4RCN ~ ~a°~ Raleigh, North Carolina 276583726 Apri126, 2004 Phillip Harris North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Mr. Harris: ~, ~n36 ~ This letter is in response to your letter of April 13, 2004 which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusions of the North Carolina Department of Transportation (NCDOT) for fourteen federally protected species for the proposed replacement of Bridge No. 61 on NC 133 over Town Creek in Brunswic_k_ County (TIP No. B-3115). The fourteen species are as follows: Common Name Scientific Name Biolo ical Conclusion Lo erhead sea turtle Caretta caretta No effect Green sea turtle Chelonia m das No effect Leatherback sea turtle Dermochel s coriacea No effect Kem 's ridle sea turtle Le idochelys kem ii No effect Pi in lover Charadrius melodus No effect Eastern cou ar Puma concolor cou ar No effect Seabeach amaranth Amaranthus umilus No effect Red-cockaded wood ecker Picoides borealis No effect Shortnose stur eon Aci enser brevirostrum MA-NLAA Bald ea le Haliaeetus leucoce halus MA-NLAA Wood stork M cteria americana MA-NLAA West Indian manatee Trichechus manatus MA-NLAA Rou h-leaved loosestrife L simachia as erulae olia MA-NLAA Coole 's meadowrue Thalictrum Goole i MA-NLAA *MA-NLAA =May affect, not likely to adversely affect These comments are provided in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). Due to the lack of habitat, the Service concurs with your conclusion that the proposed project will have no effect on the loggerhead sea turtle, green sea turtle, Leatherback sea turtle, Kemp's ridley sea turtle, piping plover, eastern cougar, seabeach amaranth and red-cockaded woodpecker. The Shortnose sturgeon is within the jurisdiction of NOAA Fisheries. We recommend that you consult them with your request for concurrence. Your letter states that a visual survey was conducted for bald eagles on April 6, 2004. However, the letter does not describe the extent of the survey area. Nevertheless, given that there is no large water body within one-half mile of the project area, and given that the project only involves replacing an existing bridge with another bridge on the same alignment, the Service concurs with your conclusion that the project may affect, but is not likely to adversely affect the bald eagle. Future eagle surveys must extend, at a minimum, outward in a one-half mile radius from the project limits where suitable habitat exists. This should be stated in the survey methodology section of your biological evaluation. Your letter states that the April 6, 2004 site visit did not reveal any wood storks or nests. The only known occurrences of nesting wood storks in North Carolina is a colony of birds ranging from 15-100 individuals that frequent Sunset Beach during early June through mid-September. This is the northernmost breeding range for this species. Due to the limited and localized nesting activity of this species in North Carolina, the Service concurs with your conclusion that the project may affect, but is not likely to adversely affect the wood stork. The Project Commitments "Green Sheet" in the 2002 Federal Categorical Exclusion document states that the Service's "Precautions for the general construction in areas which maybe used by the West Indian manatee in North Carolina" will be considered in all aspects of project construction. Please note that these precautions have been revised and can be found at the following website: http://nc-es.fws.gov/mammal/mammal.html. Please replace the old guidelines with the revised guidelines. Given that NCDOT commits to implement these guidelines, the Service concurs with your conclusion that the project may affect, but is not likely to adversely affect the West Indian manatee. Your letter states that a plant survey for rough-leaved loosestrife and Cooley's meadowrue was conducted on April 6, 2004. This survey date falls outside the appropriate survey window for both species. Appropriate survey windows for all federally listed plant species can be found at the following website: http://nc-es.fws.gov/plant/optimal survey windows for~lants html. Enclosed with your letter was a report for an earlier survey conducted for these two species on June 23, 1999. In that survey, no specimens of either species were observed. Due to a new policy of the Service's Raleigh field office, we will now, as a general rule, consider plant surveys valid for five years, unless there are extraordinary circumstances. This new policy will be stated on our website in the near future. Considering the results of the 1999 survey, the Service concurs that the project may affect, but is not likely to adversely affect rough-leaved loosestrife or Cooley's meadowrue. We believe that the requirements of section 7(a)(2) of the ESA have been satisfied. We remind you that obligations under section 7 consultation must be reconsidered i£ (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that maybe affected by this identified action. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). Sincerely, ~ ~ ~~ ~~ Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Dave Timpy, USACE, Wilmington, NC John Hennessy, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC O~PPSMENT OF lh~'yM 9o 7 3 ~.. -- as M4ACM 9 ~0 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 276363726 May 11, 2004 Gregory J. Thorpe, Ph.D. North Carolina Department of Transportation Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: This letter is in response to your letter of April 16, 2004 regarding the proposed Wilmington Bypass in Brunswick and New Hanover Counties (TIP No. R-2633A/B). Enclosed with your letter were the following two documents: "Wilmington Bypass, Addendum to Natural Systems Technical Memorandum" dated April 2004 (Addendum) and "Red-Cockaded Woodpecker Foraging Habitat Analysis for Brunswick County Cluster #1, Wilmington Bypass Project" dated September 5, 2003. Your letter and the two enclosed documents provided the U.S. Fish and Wildlife Service (Service) with the biological conclusions of the North Carolina Department of Transportation (NCDOT) for 14 federally protected species in Brunswick and New Hanover Counties. The 14 species are as follows: Common Name Scientific Name Biolo ical Conclusion Green sea turtle Chelonia m das None Kem 's ridle sea turtle Le idochel s kem ii None Leatherback sea turtle Dermochel s coriacea None Lo erhead sea turtle Caretta caretta None Pi in lover Charadrius melodus No effect Seabeach amaranth Amaranthus umilus No effect Eastern cou ar Puma concolor cou ar No effect Bald ea le Haliaeetus leucoce halus No effect Cooley's meadowrue Thalictrum Goole i No effect Shortnose stur eon Aci enser brevirostrum No effect Rough-leaved loosestrife Lysimachia as erulae olia MA-NLAA* Wood stork M cteria americans MA-NLAA* West Indian manatee Trichechus manatus MA-NLAA* Red-cockaded wood ecker Picoides borealis MA-NLAA* *May affect, not likely to adversely affect These comments are provided in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). NCDOT has not provided a biological conclusion for the four species of sea turtles. However, due to lack of habitat, the Service believes that the project will have no effect on the green sea turtle, Kemp's ridley sea turtle, leatherback sea turtle and loggerhead sea turtle. Also, due to lack of habitat, the Service concurs with your conclusion that the project will have no effect on the piping plover and seabeach amaranth. The eastern cougar is likely extirpated from eastern North Carolina; therefore, the Service concurs with your conclusion that the project will have no effect on the eastern cougar. NCDOT has rendered a "no effect" conclusion for the bald eagle. Potential habitat for this species does exist within the project area in the vicinity of the Cape Fear River. The Addendum states that no eagle nests were identified in rare species surveys. Although the addendum does not provide any information for these surveys, additional information submitted by NCDOT (May 6, 2004 email from Rachelle Beauregard with attached letter) stated that flight surveys were conducted in 2002 along the project corridor and one-half mile beyond for bald eagle nests. Given the results of the survey, the Service would concur with a "may affect, not likely to adversely affect" conclusion for the bald eagle. NCDOT has rendered a "no effect" conclusion for Cooley's meadowrue. Potential habitat for this species likely exists within the project area. The Addendum states that survey data have not identified this species within the project area. No information is provided for these surveys. In lieu of more specific information, the Service is unable to concur with your biological conclusion for Cooley's meadowrue. The Service would likely concur with a "may affect, not likely to adversely affect" conclusion if additional survey information was provided which demonstrated that an adequate survey revealed no specimens of the species within the project area. The shortnose sturgeon is under the purview of NOAA Fisheries. We recommend that you contact that agency with your request for concurrence. According to the information provided, a population ofrough-leaved loosestrife occurs within the project corridor, but outside the project right-of--way. The population is located approximately 2500-3000 feet west of the proposed road and approximately 500 feet north of the existing US 74. There will be no direct effects to this species. Indirect effects from secondary development are possible, but assigning the cause of the effects to the new road would be problematic given that the population is located much closer to the existing US 74 than the proposed new road. Based on the information provided and other available information, the Service concurs with your conclusion that the project may affect, but is not likely to adversely affect rough-leaved loosestrife. According to the information provided, potential roosting habitat exists in the project area for the wood stork. There is no mention of surveys for this species. However, the only known occurrence of nesting wood storks in North Carolina is a colony of birds ranging from 15-100 individuals that frequent Sunset Beach during early June through mid-September. This is the northernmost breeding range for this species. Due to the limited and localized nesting activity of this species in North Carolina, the Service concurs with your conclusion that the project may affect, but is not likely to adversely affect the wood stork. The Addendum states on page 17 that "USFWS Precautionary Guidelines for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina (USFWS 2003) should be adhered to during bridge construction..." Please note that these precautions have been revised and renamed and can be found at the following website: http://nc- es.fws.gov/mammal/mammal.html. Please replace the old guidelines with the revised guidelines. Given that NCDOT commits to implement these guidelines, the Service concurs with your conclusion that the project may affect, but is not likely to adversely affect the West Indian manatee. One active red-cockaded woodpecker (RCW) cluster occurs near the project. At the time that the "Red-Cockaded Woodpecker Foraging Habitat Analysis for Brunswick County Cluster #1, Wilmington Bypass Project" document was prepared, a maximum of 0.45 acres of potential foraging habitat for Cluster #1 would have been impacted by the project. However, subsequent avoidance and minimization efforts made during the NEPA/404 Merger process have reduced this impact to a maximum of 0.07 acres of potential foraging habitat. Based on the information provided and other available information, the Service concurs with your conclusion that the project may affect, but is not likely to adversely affect the red-cockaded woodpecker. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). Sincerely, L , ~a"""" ~~ ~~~~ Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Dave Timpy, USACE, Wilmington, NC John Hennessy, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC .,r• United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 May 11, 2004 Gregory J. Thorpe, Ph.D. North Carolina Department of Transportation Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: This letter is in response to your request for comments from the U.S. Fish and Wildlife Service (Service) on the potential environmental impacts of the proposed grade separation of the intersection of US 74 Bypass and SR 1435, Scotland County, North Carolina (TIP No. R-3334). These comments provide scoping information in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-667d) and section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). It appears that the proposed project does not involve any stream crossings. However, Shoe Heel Creek and associated wetlands are located immediately to the west of the project area. Due to the limited scope of the project, impacts to fish and wildlife resources should be minimal. The Service recommends the following general conservation measures to avoid or minimize environmental impacts to fish and wildlife resources: Wetland and forest impacts should be avoided and minimized to the maximum extent practical. Areas exhibiting high biodiversity or ecological value important to the watershed or region should be avoided. Highway shoulder and median widths should be reduced through wetland areas; 2. If unavoidable wetland impacts are proposed, every effort should be made to identify compensatory mitigation sites in advance. Project planning should include a detailed compensatory mitigation plan for offsetting unavoidable wetland impacts. Opportunities to protect mitigation areas in perpetuity via conservation easements, land trusts or by other means should be explored at the outset; 3. Best Management Practices (BMP) for Protection of Surface Waters should be implemented; and There are five federally endangered species listed for Scotland County: the red-cockaded woodpecker (Picoides bor°ealis), American chaffseed (Schwalbea americana), Canby's ~•' Dropwort (Oxypolis canbyi), Michaux's sumac (Rhus michauxii) and rough-leaved loosestrife (Lysimachia asperulaefolia). Although the North Carolina Natural Heritage Program (NCNHP) database does not indicate any known occurrences of these species near the project vicinity, use of the NCNHP data should not be substituted for actual field surveys if suitable habitat occurs near the project site. The NCNHP database only indicates the presence of known occurrences of federally protected species and does not necessarily mean that such species are not present. It may simply mean that the area has not been surveyed. Information about the habitats in which these species are often found is provided on our web site, http://endangered.fws.~,ov/ . If suitable habitat occurs within the project vicinity for any of the five species, surveys should be conducted to determine presence or absence of the species. All survey documentation must include survey methodologies and results. We reserve the right to review any federal permits that may be required for this project, at the public notice stage. Therefore, it is important that resource agency coordination occur early in the planning process in order to resolve any conflicts that may arise and minimize delays in project implementation. In addition to the above guidance, we recommend that the environmental documentation for this project include the following in sufficient detail to facilitate a thorough review of the action: 1. A clearly defined and detailed purpose and need for the proposed project, supported by tabular data, if available, and including a discussion of the project's independent utility; 2. A description of the proposed action with an analysis of all alternatives being considered, including a "no action" alternative; 3. A description of the fish and wildlife resources, and their habitats, within the project impact area that may be directly or indirectly affected; 4. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NWI). Wetland boundaries should be determined by using the 1987 Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers; 5. The anticipated environmental impacts, both temporary and permanent, that would be likely to occur as a direct result of the proposed project. The assessment should also include the extent to which the proposed project would result in secondary impacts to natural resources, and how this and similar projects contribute to cumulative adverse effects; 6. Design features and construction techniques which would be employed to avoid or minimize impacts to fish and wildlife resources, both direct and indirect, and including fragmentation and direct loss of habitat; 7. Design features, construction techniques, or any other mitigation measures which would be employed at wetland crossings and stream channel relocations to avoid or minimize impacts to waters of the US; and, 8. If unavoidable wetland or stream impacts are proposed, project planning should include a detailed compensatory mitigation plan for offsetting the unavoidable impacts. The Service appreciates the opportunity to comment on this project. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520, ext. 32. Sincerely, c "' ~%~ Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Richard Spencer, USACE, Wilmington, NC John Hennessy, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC yd .w°'~ M ~~ ~~ ^'\ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVF?RNOR U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28401-1890 Attention: Mr. Dave Timpy NCDOT Coordinator Dear Sir: Subject: Application for Nationwide Permit 23 and 33 for the proposed replacement of Bridge No. 61 on NC 133 over Town Creek in Brunswick County, NCDOT Division 3. Federal Project No. BRSTP-133(1), State Project No. 8.1231401, WBS Element: 32874.1.1, TIP No. B-3115 The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 61 over Tom Creek on NC 133. Bridge No. 61 will be replaced on the existing alignment with a new bridge approximately 300 feet in length and a with cleared roadway width of 32 feet. The approaches will include two 12 foot lanes with 8 foot shoulders. Permanent impacts to wetlands associated with the replacement of Bridge No. 61 will include 0.10 acre of permanent fill and 0.07 acre of mechanized clearing. The traffic will be detoured to NC 87 during bridge construction. Please find enclosed copies of the Categorical Exclusion (CE), PCN form, permit drawings, half size plans, a North Carolina Division of Water Quality Stormwater Exemption letter, Guidelines for Avoiding Impacts to the West Indian Manatee and an EEP Request Letter. March 12, 2004 LYNDO TIPPETT SECRETARY 1NETl.ANpS I A01 CROUP MAR, g 2004 1fd'F,4~Ei,':~iti~~L! i ~ ~ECTfU~I -~~Q363 According to Bridge Maintenance records, the sufficiency rating of the bridge is 27.9 out of a possible 100. The new bridge will provide wider road shoulders on either side of the structure which will increase the safety rating for the bridge. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 TELEPHONE: 919-715-1500 FAX: 919-715-1501 WEBSITE: WWW. NCDOT ORG LOCATION: 2728 CAPITAL BLVD PLB SUITE 188 RALEIGH NC 27604 2 Town Creek is located in the Cape Fear River Basin (Hydrological Cataloguing Unit 03030005) and classified by the Division of Water Quality as C-Sw. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. The Sw (swamp waters) sub-classification is a supplemental classification intended to recognize those waters having naturally occurring low velocities, low pH and low dissolved oxygen. Town Creek is also classified as an Anadromous Fish Stream. PROPOSED IMPACTS TO WATERS OF THE UNITED STATES Bride Demolition: Bridge No. 61 is 300 feet long and 26.4 feet wide. It has a reinforced concrete deck on steel I-beams with concrete caps on timber piles. Best Management Practices for Bridge Demolition and Removal, which dictates that all existing structures over water be removed by non-shattering methods, will be followed during demolition and construction. Bridge No. 61 will be removed with less than 5 cubic yards of temporary fill in the wetland or surface water. The bridge will be removed in pieces that remain in place on the caps until they are removed by the crane. If any portion of concrete drops in the water, every effort is made to remove these from the water. Turbidity curtains shall be installed along the banks of Town Creek to help prevent components of the existing bridge from entering the watercourse. NCDOT will adhere to a moratorium allowing no work in water during the period of February 1 through June 15 to protect the shortnose sturgeon and other anadromous fish. Permanent Impacts: The permit drawings report wetland impacts of 0.10 acre of permanent fill and 0.07 acre of mechanized clearing. The permanent fill is due to the piers for the proposed structure. The mechanized clearing is due to roadway embankment. There will be no marsh or coastal wetlands impacted There will be less than 0.01 acre of fill in surface water from the piers for the proposed bridge structure. Temporary Impacts: There will be less than 0.01 acre of fill in non-coastal wetlands due to the piles for the temporary work bridges. There will be less than 0.01 acre of fill in the surface water due to the piles from the temporary work bridges. Schedule for Construction: It is assumed that the Contractor will begin construction of the proposed temporary work bridge shortly after the date of availability for the project. The Let date is July 20, 2004 with a date of availability of August 25, 2004. . Restoration Plan: Following the construction of the temporary work bridge, the construction of the permanent bridge will be completed. Once the temporary work bridge is no longer needed, all material used in the construction of the temporary work bridge will be removed. The temporary impact area associated with the work bridge is expected to recover naturally. Restoration of the project area will take place immediately following project completion and prior to traffic flow to the new bridge. Removal and Disposal Plan: After the temporary work bridge is no longer needed, all temporary work bridge material will become the property of the contractor. The contractor will be required to submit a reclamation plan for the removal and disposal of all work bridge material and demolished bridge material to an off-site upland location. Utility Relocation: There are four utility lines located at the project site. NCDOT's Utility- Right-of--Way (Unit 3) has provided relocation plans for two utilities (Bell South and AT&T). Preliminary relocation plans were also provided for Brunswick EMC and Time Warner. At this time our data indicate that there will be no CAMA or Section 404 jurisdictional resources impacted. If final plans result in 404 and/or CAMA impacts, NCDOT will apply for a Nationwide l2 Permit. PROTECTED SPECIES Threatened and Endangered Species: Plants and animals with federal classification of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of January 29, 2003, the U.S. Fish and Wildlife Service (USFWS) lists 14 federally protected species for Brunswick County. In August 1999 a survey for the federally protected species found that habitat does exist for the endangered woodstork (Mycteria americana), roughed-leaved loosestrife (Lysimachia asperulaefolia), Cooley's Meadowrue (Thalictrun cooleyi) and the threatened bald eagle (Halieetus leucocephalus) species. Currently, these species receive biological conclusions of "Unresolved". However, another survey will be conducted for each of these species in May of 2004, prior to project construction. Biological conclusions of "No Effect" for each of the remaining species are valid and are presented in the attached CE. • West Indian Manatee: The U.S. Fish and Wildlife Service has developed a list of "Precautions for the general construction in areas which may be used by the West Indian manatee in North Carolina". These precautions will be considered in all aspects of project construction (see attached precaution instructions). • shortnose Sturgeon: To ensure the project will not adversely affect the endangered shortnose sturgeon, explosives will not be used in the bridge demolition. To protect the shortnose sturgeon and other anadromous fish, there will be no in-water or in-marsh activity during the months of February 1 through June 15. Essential Fish Habitat: The 1996 amendments to the Magnuson-Stevens Fishery Management and Conservation Act (MSFCMA) set forth a new mandate for the National Marine Fisheries Service (NMFS), regional fishery management councils (FMC) and other Federal agencies to identify and protect important marine and anadromous fish habitat. The 4 FMCS, with the assistance from NMFS, have delineated "essential fish habitat" (EFII) for managed species. In the South Atlantic region, waterbodies in Brunswick County are listed in which EFHs are found. Town Creek is not a listed waterbody for EFHs. Therefore the rules of the MSFCMA will not apply for this project MITIGATION OPTIONS AVOIDANCE AND MINIMIZATION: Specific avoidance and minimization measures for this project include using a maximum slope of 3:1 and replacing the existing bridge in its current location with anoff--site detour. The new bridge will span the entire width of Town Creek with none of the supporting structures installed in the water. The tidal freshwater marsh will not be impacted because the new bridge will span this community as well. Turbidity curtains shall be used to contain all bottom disturbing activities, including pile or casement installation, placement of rip/rap, excavation or filling within the watercourse of Town Creek. The NCDOT shall install turbidity curtains along the banks of Town creek to prevent sediment from the causeway restoration area from entering the watercourse. The turbidity curtains will be properly maintained and retained in the water until construction is complete and turbidity within the curtains reaches ambient levels. COMPENSATION: This project will permanently impact a total of 0.17 acre of non-coastal wetlands. Despite the minimization strategies employed for the proposed project, the resulting wetland impacts will be greater than 0.1 acre and will require mitigation. Based upon the agreements stipulated in the "Memorandum of Agreement Among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U.S. Army Corps of Engineers, Wilmington District (MOA)", it is understood that the North Carolina Department of Environment and Natural Resources Ecological Enhancement Program (EEP), will assume responsibility for satisfying the Section 404 compensatory mitigation requirements for NCDOT projects that are listed in Exhibit 1 of the subject MOA during the Ecological Enhancement Program (EEP) transition period which ends on July 1, 2005. Since the subject project is listed in Exhibit 1 the necessary compensatory mitigation to offset unavoidable impacts to waters that are jurisdictional under the federal Clean Water Act will be provided by the EEP (see attached letter to EEP). The offsetting mitigation will derive from an inventory of assets already in existence within the same Ecoregion and the same 8-digit cataloguing unit. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible as described above. The remaining unavoidable impacts to 0.17 acre of jurisdictional wetlands will be offset by compensatory mitigation provided by the EEP program. 5 REGULATORY APPROVALS It is anticipated that the temporary work bridge will be authorized under Section 404 Nationwide Permit 33. We are, therefore requesting the issuance of a Nationwide Permit 33 for these activities. All other aspects of this project are being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR§ 771.115(b). The NCDOT requests that these activities be authorized by a Nationwide Permit 23 (FR number 10, pages 2020-2095; January 15, 2002). We anticipate that 401 General Certification, numbers 3403 and 3366 will apply to this project. In accordance with 15A NCAC 2H .0501(a) we are providing two copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their records Thank you for your assistance with this project. If you have any questions or need additional information please call Carla Dagnino at (919) 715-1456. Sincerely ~---~- -- Grego J. Thorpe, Ph.D Environmental Management Director, PDEA w/attachment Mr. John Hennessy, Division of Water Quality (2 copies) Mr. Gary Jordan, USFWS Mr. Travis Wilson, NCWRC Ms. Cathy Brittingham, NCDCM Mr. Bill Arrington, NCDCM Mr. Greg Perfetti, P.E., Structure Design w/o attachment Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. John F. Sullivan, III, FHWA Mr. Allen Pope, Division 3 Engineer Mr. Mason Herndon, Division Environmental Officer Ms. Beverly Robinson, PDEA Project Planning Engineer) Mr. David Franklin, USACE, Wilmington (Cover Letter Only) Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. 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 2. Nationwide, Regional or General Permit Number(s) Requested: NW23, NW 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ^ 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: NC Department of Tran~ortation Mailing Address: 1548 Mail Service Center Raleigh NC 27699-1548 Telephone Number:~199)-733-3141 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: NA Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number:~919)-715-1501 Fax Number: Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate t1SGS 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 No. 61 on NC 133 over Town Creek 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3115 3. Property Identification Number (Tax PIN): 4. Location C ~~`~~~~ County: Brunswick Nearest Town: Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Brunswick County -take 133 off NC 17 and travel south until you reach 5. Site coordinates, if available (UTM or Lat/Long): N 34 8 12 & W 77 59 14.4 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 2.25 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Town Creek 8. River Basin: Cape Fear 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.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is located in a rural area of Brunswick County and zoned for some commercial and some residential. Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: "I'he project will consist of replacing bride No. 61 with a new bridge approximately 300 feet in length and with cleared roadway width of 32 feet. The approaches will include two foot lanes with 8 foot shoulders. The traffic will be detoured to NC 87 during bridge construction. Explain the purpose of the proposed work: The sufficiency rating of the existing bridge is 27.9 out of a possible 100. The new bridge will provide wider road shoulders on either side of the structure which will increase the safety for the bridge. 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. 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. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts 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. Page 7 of 13 Provide a written description of the proposed impacts: The proposed impacts include 0.10 acre of permanent fill and 0.07 acre of mechanized clearing; less that 0.01 acre temporary fill in wetland due to the piles for the temporary work bridges; less than 0.01 acre fill in surface water from the piers for the proposed bride structure and less than 0.01 acre fill in surface water from the piles of the temporary work bridges. 1. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on ma) (acres) es/no) (linear feet) (Site I) Fill from Permanent 0.10 Yes 10 Non Riparian bride iers (Site 1) Mechanized Permanent 0.07 Yes 10 Non Riparian Clearin (Site 1) Fill from Temporary <0.01 Yes 10 Non Riparian work brid e * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. •* 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:/hvww.fema.~v_. *•* List a wetland type that best describes wetland to be impacted (c.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: O.Sacre (non coastal wetlands) Total area of wetland impact proposed: 0.2 acre 2. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before [m act Perennial or Intermittent? leases eci ) (site I) Fill in SW Permanent <0.01 Town Creek 80 feet Perennial Fill in SW Temporary <0.01 Town Creek 80 feet Perennial • List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. •" Stream names can be found on USGS topographic maps. If a stream has no name, list as U"I' (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at ww~+.usgs.f;ov_. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.togozonc.com, www.mapuuest.com, etc.). Page 8 of 13 Cumulative impacts (linear distance in feet) to all streams on site: <0.01 acre 3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, ba ,ocean, etc.) NA List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dreaging, flooding, drainage, bulkheads, etc. 4. 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.): NA Size of watershed draining to pond: NA Expected pond surface area: NA 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. Specific avoidance and minimization measures for this project include usins? a maximum slope of 3.1 and r~lacing the existing bridge in its current location with anoff--site detour. The new bridge will span the entire width of Town Creek with none of the supportin>; structures in the water The tidal freshwater marsh will not be impacted because the new bride will span this community as well. Page 9 of 13 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 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation 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 NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http: //h2o.enr.state.nc. us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The NC DENR Ecological Enhancement Program (EEP) will assume responsibility for satisfying the Section 404 compensatory mitigation requirement for NCDOT projects that are listed in Exhibit 1 of the subject MOA during the EEP transition period with ends on July 1 2005. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of Page 10 of 13 the NCWRP is proposed, please check the appropriate box on page three 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 ofNon-riparian wetland mitigation requested (acres): 0.17 acre if onsite; 0.34 acre if offsite Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ^ If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ^ 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No ® If you answered "yes", provide the following information: Page I I of 13 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 (s uare feet) Multiplier Required Miti ation NA Total • Gone 1 extends out 30 tact perpendicular trom near bank of channel; "Lone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. NA XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. NA 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 anafter-the-fact permit application? Yes ^ No Page 12 of 13 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may 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). ~~ ~ ~ ~ o~ Ap licant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 ~,w.AAT[o,~ r ~~aw.d~ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR March 5, 2004 Mr. William D. Gilmore, P.E. „_, ..~ F~.,~ a EEP Transition Manager ~ ,,,~,,, ~s ~ ,M ~ ~;. ~,,,,, Ecosystem Enhancement Program 1652 Mail Service Center f~if„' ~' 2004 Raleigh, NC 27699-1652 [[ '' ~aa Dear Sir: ~t•,i,,s<i~:.:,~d~i~~'.; .'.;;±~~?f?AAM LYNDO TIPPETT SECRETARY Subject: Request for EEP Confirmation of Mitigation: Brunswick County. Bridge No. 61 on NC 133 over Town Creek. Federal Project No. BRSTP-133(1), -State Project No. 8.1231401, WBS Element: 32874.1.1, TIP No. B-3115. The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program (EEP) provide confirmation that the EEP is willing to provide compensatory mitigation for the project in accordance with the Memorandum of Agreement (MOA) signed July 22, 2003 by the USACE, the NCDENR and the NCDOT. The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 61 over Tom Creek on NC133. Bridge No. 61 will be replaced on the existing alignment with a new bridge approximately 300 feet in length and a cleared roadway width of 32 feet. The approaches will include two 12 foot lanes with 8 foot shoulders. During construction traffic will be detoured to NC 87. Impacts to wetlands associated with the replacement of Bridge No. 61 will include 0.10 acre of permanent fill and 0.07 acre of mechanized clearing. RESOURCES UNDER THE JURISDICTION OF SECTION 404 AND 401 OF THE CLEAN WATER ACT. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible as described in the permit application. A copy of the permit application can be found at http•//www ncdot org/planning/pe/naturalunit/Applications.html. The remaining impacts to jurisdictional resources will be compensated for by mitigation provided by the EEP program. We estimate that 0.17 acre of wetlands will be impacted. The project is located in the Southern Outer Coastal Plain in Brunswick County in the Cape Fear River basin in Hydrological Cataloguing Unit 03030005. The wetland impacts, summarized in Table 1, totals 0.17 acre of non-riverine bottomland wetlands. We propose to provide compensatory mitigation for the wetland impacts by using the EEP for the 0.17 acres of impacts. Table 1: Summary of Jurisdictional Impacts Section Permanent Wetlands ac Streams ft Riverine Non riverine R/W 13+70-L- To 16 + 70-L- 0.17 Please send the letter of confirmation to Dave Timpy (LJSACE Coordinator) at U. S. Army Corps of Engineers Division 3 Regulatory Field Office, (P.O. Box 1890, Wilmington, NC 28402-1890). Mr. Timpy's FAX number is (910) 251-4025. The current let date for the project is July 20, 2004 for which the let review date is (June 1, 2004). In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ (North Carolina Division of Water Quality) requires a formal letter from EEP indicating their willingness and ability to provide the mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of NCDWQ, with copies submitted to NCDOT. If you have any questions or need additional information please call Carla Dagnino at (919) 715-1456 Sincerely, Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development & Environmental Analysis Branch cc: Ms. Cathy Brittingham, NCDCM Mr. Dave Timpy, USACE, Wilmington Mr. John Hennessy, DWQ, Raleigh Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Mr. Ron Sechler, NMFS Mr. Mike Street, NCDMF Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. David Chang, P.E. ,Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. H. Allen Pope, PE; Division 3 Engineer Mr. Mason Herndon, DIV 3 DEO "` r Brunswick County Bridge No. 61 on NC 133 Over Town Creek Federal Project BRSTP-133 (1) State Project 8.123140] TIP No. B-3115 CATEGORICAL EXCLUSION U. S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N. C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: ~ t a z. ~ ~.~-- Date Robert P. Hanson, P. E., Assistant Manager r Project Development and Environmental Analysis Branch I~ ti l lC lC L ~, ,~ ~~ Date icholas Graf, P. E. Drvts~on Admmtstrator, FHWA Brunswick County Bridge No. 61 on NC 133 Over Town Creek Federal Project BRSTP-133 (1) State Project 8.1231401 TIP No. B-3115 CATEGORICAL EXCLUSION Documentation Prepared in Project Development and Environmental Analysis Branch By: 1 ~ U~ ~n ~~ a e Beverly G. R son Project Development Engineer 7/i/ot ~ i Date J mes A. McInnis Jr., P.E. Project Development, Unit Head . ~ Z a2 Dat Robert P. Hanson, P. E., Assistant Manager Project Development and Environmental Analysis Branch t~t~H CARO~jHq•~. ,mac o~ES o'~,t '', ~ gE Al l 1 207tI1 ~~Q ~~ N~~ E ••' S' ~, .,~ ~••..I N..• ~. '•., A. M ~N .,,,~~ ~.l.oz TABLE OF CONTENTS PROJECT COMMITMENTS I. SUMMARY OF RECOMMENDATIONS II. HISTORY OF PROPOSED PROJECT ......................................................... 2 III. ANTICIPATED DESIGN EXCEPTIONS .................................................... 2 IV. EXISTING CONDITIONS ............................................................................ 2 V. STUDIED ALTERNATIVES ........................................................................ 3 VI. RECOMMENDED IMPROVEMENTS ........................................................ 4 VII. ENVIRONMENTAL EFFECTS ................................................................... 4 A. General Project Information ............................................................... 4 B. Air and Noise ..................................................................................... 5 C. Land Use & Farmland Effects ............................................................ 5 D. Historical Effects & Archaeological Effects ...................................... 6 E. Natural Resources .............................................................................. 6 1. Soils ....................................................................................... 6 2. Water Resources .................................................................... 6 a. Best Usage Classification ........................................... 7 b. Stream Characteristics ............................................... 7 c. Water Quality ............................................................. 7 d. Benthic Macroinvertebrate Ambient Network........... 8 e. Summary of Anticipated Impacts ............................... 8 3. Biotic Resources .................................................................... 9 a. Terrestrial Communities ............................................ 9 b. Aquatic Community ................................................... 11 4. Wildlife .................................................................................. 11 a. Terrestrial Impacts ..................................................... 11 b. Aquatic Impacts ......................................................... 12 5. Jurisdictional Topics .............................................................. 12 a. Waters of the United States ........................................ 12 b. Characteristics of Wetlands and Surface Waters ....... 13 c. Permits ....................................................................... 13 d. Avoidance, Minimization, Mitigation ........................ 14 6. Bridge Demolition ................................................................. 14 7. Rare and Protected Species .................................................... 14 a. Federally-Protected Species ....................................... l4 b. Federal Species of Concern and State Listed Species 23 VIII. COMMENTS, COORDINATION AND PUBLIC INVOLVEMENT.......... 25 IX. CONCLUSION .............................................................................................. 26 TABLES Table 1 Estimated Impacts to Terrestrial Communities .................................. 12 Table 2 Federally Protected Species for Brunswick County ........................... 15 Table 3 Federal Species of Concern for Brunswick County ........................... 24 FIGURES Figure 1 Vicinity Map Figure 2 Aerial Mosaic Figure 3 Snapshots of Bridge Figure 4 Proposed Detour Route APPENDIX PROJECT COMMITMENTS TIP PROJECT B-3115, Brunswick County Bridge No. 61, on NC 133 Over Town Creek Federal Aid Project BRSTP-133(1) State Project 8.1231401 1. Structure Design Unit, Division 3: Bridge Demolition: Bridge No. 61 is 300 feet (91.4 meters) long and 26.4 feet (8.04 meters) wide. It has a reinforced concrete deck on steel I-beams with concrete caps on timber piles. Thus, there is a potential for components of the bridge to be dropped into Waters of the United States during construction. The resulting temporary fill associated with the bridge will be as much as approximately 158.9 cubic yards. This calculation was based on the entire length of the bridge extending over surface waters as• well as jurisdictional wetlands. All deposited components will be removed from the Waters of the U.S. as quickly as possible. During construction, Best Management Practices for Bridge Demolition and Removal will be followed. To ensure the project will not adversely affect the endangered shortnose sturgeon, explosives will not be used in the bridge demolition. 2. Hydraulics Unit, Structure Design Unit, Division 3: Stream Crossing Guidelines: NCDOT's "Stream Crossing Guidelines for Anadromous Fish Passage" will be followed in the design 8c construction phases. 3. Division 3: Construction Moratorium: There will be no in-water or in-marsh activity from February 1 thmugh June 15. This is considered the in-migration, spawning, and out- migration period for the endangered shortnose sturgeon and another anadromous fish. All measures should be taken to prevent sedimentation in Town Creek during construction. The U.S. Fish and Wildlife Service has developed a list of "Precautions for the general construction in areas which may be used by the West Indian manatee in North. Carolina." These precautions will be considered in all aspects of project construction; therefore, this project will not affect the West Indian manatee. NCDOT has agreed to delay closing NC 133 until after Labor Day. Categorical Exclusion Page 1 of 2 June 2002 4. Roadside Environmental Unit: DesigniStandards in Sensitive Watersheds: To ensure the project will not adversely affect the endangered shortnose sturgeon, Design Standards for Sensiti Watersheds (formerly High Quality Water Guidelines) will be used. S. Roadway Design Unit: Fill slope in wetland areas: To minimize wetland impacts and provide for s~ope stability, the maximum fill slope of 3:1 will be used in wetland areas. . 6. Project Development and Environmental Analysis Branch, Division 3: 1) NCDOT will investigate whether any necessary improvements are needed for to be used as a detour route, including the need for additional traffic signals at resurfacing.. 2) NCDOT will provide Carolina Power and Light Company and Brunswick Coy Emergency Management Officials with an estimate of the amount of time the of NC 133 will add to evacuation times for the Brunswick Nuclear Plant. 3) In response to local government requests, NCDOT will provide further public notification regarding this bridge replacement, road closure and detour route. will be coordinated with Brunswick County Emergency Management. 87 Categorical Exclusion June 2002 Page 2 of 2 Brunswick County Bridge No. 61 on NC 133 Over Town Creek Federal Project BRSTP-133 (1) State Project 8.1231401 TIP No. B-3115 Bridge No. 61 carries NC 133 over Town Creek in Brunswick County. TIP • Project B-3115 proposes to replace this bridge, and is programmed in the Draft 2004- 2010Transportation Improvement Program (TIP) as a bridge replacement project. NC 87 will be used as a detour route during the replacement of Bridge No. 61 and will be ' patched and resurfaced as a part of this project. This project is part of the Federal Highway Bridge Replacement and Rehabilitation Program (HBRRP) and has been classified as a "Categorical Exclusion". No substantial environmental impacts are expected. I. SUMMARY OF RECOMMENDATIONS Bridge No. 61 will be replaced in its existing location on NC 133 over Town Creek (see Figure 2). The new bridge will be approximately 300 feet (91 meters) in length and placed at approximately the same elevation as the existing bridge. Traffic will be detoured onto NC 87 (See Figure 4). The proposed bridge will have a clear roadway width of 32 feet (9.6 meters), which will provide two 12-foot (3.6-meter) lanes with 4-foot (1.2-meter) offsets. The approaches will include two 12-foot (3.6-meter) lanes and 8-foot (2.4 meter) shoulders with 4-foot (1.2 meter) full depth paved shoulders. Based on preliminary design, the design speed should be approximately 60 mph (100 km/h). NC 87 will be used as the detour route during the replacement of Bridge No. 61. NC 87 will be patched and resurfaced from the southern city limits of Boiling Spring Lakes to the northern city limits of Boiling Spring Lakes. The proposed project is included in the Draft 2004-2010 Transportation Improvement Program (TIP). The current schedule includes right of way acquisition in July 2003 and construction in July 2004. The estimated cost of the project is $1,905,000 including $1,400,000 in construction costs, $5,000 in right of way costs and $500,000 for patching and resurfacing NC 87. The estimated cost shown in the Draft 2004-2010 TIP is $1,935,000 which includes $235,000 for right of way acquisition and $1,700,000 for construction. II. HISTORY OF PROPOSED PROJECT A Categorical Exclusion was approved for this project on May 23, 2000 by NCDOT and the Federal Highway Administration. In the approved Categorical Exclusion, the recommended alternative would replace Bridge No. 61 on new location west of the existing bridge. The existing bridge would be utilized as a detour structure. After further investigation, it was determined the proposed horizontal alignment would be worse than the existing horizontal alignment. It was determined replacing the bridge on existing alignment with an offsite detour would be the best alternative for this project and reduce the project cost. Because this alternative was not discussed in the May 2000 categorical exclusion, this new document has been prepared. A second bridge project is located along NC 133 in the area. TIP Project B-3116 will replace Bridge Number 56 carrying NC 133 over Allen Creek. This bridge is located approximately 4.5 miles (7.24 kilometers) south of Bridge Number 61. NC 133 will be closed and NC 87 used as a detour for this project also. Right of way acquisition for Project B-3116 is scheduled for federal fiscal year 2002 and construction is scheduled for federal fiscal year 2003. III. ANTICIPATED DESIGN EXCEPTIONS NCDOT does not anticipate any design exceptions will be required. IV. EXISTING CONDITIONS NC 133 is classified as a Rural Major Collector in the Statewide Functional Classification System. Currently (2001) the traffic volume is 12,000 vehicles per day (VPD). By the year 2025, the traffic volume is projected to increase to 25,000 vpd. Single unit trucks and tractor-trailers make up three percent and two percent of these volumes, respectively. NC 133 has a speed limit of 55 miles per hour. The existing bridge was built in 1955. It has a reinforced concrete deck on steel I-beams and the substructure is concrete caps on timber piles. The deck is 300 feet (91 meters) long and 26 feet (7.8 meters) wide. There is approximately 26 feet (7.8 meters) of vertical clearance between the floorbeams of the bridge deck and the streambed. There are two lanes of traffic on the bridge. Presently the bridge is posted with weight restrictions of 35 tons (31751.5 kilograms) for single vehicles and the legal load limit for truck-tractor semi-trailers. The sufficiency rating is 27.9. This structure is functionally obsolete and the substructure is becoming structurally deficient. Vertical alignment is good with a slight upgrade on the north side of the bridge. There is a slight curve in the horizontal alignment, which begins approximately 150 feet (45.7 meters) from the north end of the bridge. The approach pavement width is 19 feet (5.8 meters) with acceptable width grass shoulders. The Traffic Engineering Branch indicates 14 accidents were reported between April 1998 through March 2001 from SR 1518 (Daws Creek Road) to SR 1555 (Mellaney Lane). Four school buses cross over the studied bridge with 2 trips per day. Utility conflicts will be low for this project. There are underground phone cables on both sides of NC 133 going aerial across the creek. There is also a fiber optic cable underground along the east side of NC 133. Also along the east side of NC 133, there are overhead power lines that cross over to the west side just south of the bridge. V. STUDIED ALTERNATIVES The four "build" options considered for this project are as follows: Alternate 1) Replace Bridge No. 61 in place with a temporary detour bridge located to the west during construction. The estimated cost for Alternate 1 is $2,110,000 to include $1,875,000 for construction and $235,000 for right of way acquisition. Alternate 2) Replace bridge No. 61 on new alignment to the west of the existing bridge. Traffic will be maintained on the existing bridge during construction. The estimated cost for Alternate 2 is $1,935,000 to include $1,700,000 for construction and $235,000 for right of way acquisition. Alternate 3) (Recommended) Replace Bridge No. 61 in place with a new bridge. Traffic will be detoured onto NC 87 during construction. The estimated cost for Alternate 3 is $1,405,000 to include $1,400,000 for construction and $5,000 for right of way acquisition. Alternate 4) Replace Bridge No. 61 on new alignment to the east of the existing bridge. Traffic will be maintained on the existing bridge during construction. The estimated cost for Alternate 4 is $3,425,000 to include $2,475,000 for construction and $950,000 for right of way acquisition. "Do-nothing" is not practical; requiring the eventual closing of the road as the existing bridge completely deteriorates. Rehabilitation of the existing deteriorating bridge is neither practical nor economical. Alternates 1 and 3 both replace the existing structure in the same location with a bridge approximately 300 feet (91 meters) in length and maintain a design speed of 60 mph (100 km/h). Alternate 3 is recommended because there is no onsite detour. Although Alternate 2 offers the same benefits; but, this alignment would require an on- site detour. Alternate 4 would increase the impacts to the project area. The Division concurs in the recommendation. VI. RECOMMENDED IMPROVEMENTS Bridge No. 61 will be replaced as recommended in Alternate 3 with a new bridge in the same location. The new bridge will be approximately 300 feet (91 meters) in length and placed at approximately the same elevation as the existing bridge. Traffic will be detoured onto NC 87 during construction (See Figure 4). NC 87 will be patched and resurfaced from the southern city limits of Boiling Spring Lakes to the northern city limits of Boiling Spring Lakes as a part of this project (see Figure 5 ). The proposed bridge will have a clear roadway width of 32 feet (9.6 meters), which will provide two 12-foot (3.6 meter) lanes with 4-foot (1.2 meter) offsets. The approaches will include two 12-foot (3.6-meter) lanes and 8-foot (2.4-meter) shoulders with 4-foot (1.2-meter) full depth paved shoulders. Approach work will extend approximately 600 feet (180 meters) to either side of the new bridge. Based on preliminary design, the design speed should be approximately 60 mph (100 km/h). NC 133 will be closed during replacement of Bridge No. 61. VII. ENVIRONMENTAL EFFECTS A. GENERAL PROJECT INFORMATION This project is expected to have an overall positive impact. Replacement of an inadequate bridge will result in safer traffic operations. This project is considered to be a "Categorical Exclusion" due to its limited scope and insignificant environmental consequences. This bridge replacement will not have a substantial adverse effect on the quality of the human or natural environment with implementation of the environmental commitments listed in the project commitments section of this document and use of current NCDOT standards and specifications. 4 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 this project. There are no known hazardous waste impacts. No significant adverse effects on families or communities are anticipated. Right- of-way acquisition will be very minimal. No significant adverse effect on public facilities or services is expected. The project is not expected to adversely affect social, economic, or religious opportunities in the area. Closing NC 133 to construct Bridge No. 61 will require 18.6 miles (29.9 kilometers) of additional travel for residents traveling from south of Bridge No. 61 to US 17. Road user cost for this additional travel will be approximately $300,000. Additional time will be required for school bus services and other public services. The public officials in charge of administering these services have been consulted and do not object to the recommended alternative. There are no publicly owned parks, recreational facilities, or wildlife and waterfowl refuges of national, state, or local significance in the vicinity of the project. This project will not impact any resource protected by Section 4(f) of the DOT act. The proposed bridge replacement project will not raise the existing flood levels or have any significant adverse effect on the existing floodplain. Utility impacts are considered to be low for the proposed project. B. AIR AND NOISE This project is an air quality "neutral" project, so it is not required to be included in the regional emissions analysis and a project level CO analysis is not required. The project is located in Brunswick County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR part 51 is not applicable, because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. The project will not substantially increase traffic volumes. Therefore, it will not have substantial impact on noise levels. Temporary noise increases may occur during construction. C. LAND USE & FARMLAND EFFECTS This project will impact no soils considered to be prime or important farmland. D. HISTORICAL EFFECTS & ARCHAEOLOGICAL EFFECTS Upon review of area photographs, aerial photographs, and cultural resources databases, the State Historic Preservation Office (SHPO) indicates they "are aware of no historic structures within the area of potential effect." Therefore, the SHPO recommended no historic architectural surveys be conducted (see appendix). The SHPO knows of no archaeological sites within the proposed project area. It is unlikely that any archaeological resources, which may be eligible for inclusion in the National Register of Historic Places, will be affected by the project construction. Therefore, the SHPO recommended that no archaeological investigations be conducted in connection with this project (see appendix). E. NATURAL RESOURCES 1. Soils There are two soil types located in the project area. A brief description of each soil type is provided. • Chowan silt loam (CHl is nearly level, poorly drained soil found on floodplains of the Cape Fear River and its tributaries. It has a surface layer of dark grayish-brown silt loam, underlain by grayish- brown silty clay loam. It has slow surface runoff, moderately slow permeability, and is flooded for six months of most years. The main limitations of this soil are wetness and flooding. The Capability Unit is VIIw. This soil is listed as hydric for Brunswick County. Bavmeade fine sand (BaB) is awell-drained soil found on low ridges and convex divides. The surface layer is dark gray fine sand, underlain with a light gray fine sand. Surface runoff is slow, permeability is moderately rapid, and the available water capacity is low. The seasonal high water table is four to five feet below the surface. The Capability Unit is IIIs. 2. Water Resources There is one water resource in the project study area. NC 133 crosses one perennial stream, Town Creek (also known as Rattlesnake Branch). a. Best Usage Classification Water resources located within the project study area lie in the Lower Cape Fear River, Coastal Watershed (Subbasin 03-06-17), and Hydrologic Unit 03030005 of the Cape Fear River Drainage Basin. Streams have been assigned a best usage classification by the Division of Water Quality (DWQ) which reflects water quality conditions and potential resource usage. Unnamed tributaries receive the same classification as the streams to which they flow. The classification for Town Creek [DEM Index No. 18-18, 9/1/74] is CSw. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. The Sw (Swamp Waters) subclassification is a supplemental classification intended to recognize those waters having naturally occurring low velocities, low pH, and low dissolved oxygen. Town Creek is also classified as an Anadromous Fish Stream. No waters classified as High Quality Waters (HQW), Water Supplies (WS-I or WS-II) or Outstanding Resource Waters (ORW) occur within 1.6 kilometers (1.0 mile) of the project study area. b. Stream Characteristics The headwaters of Town Creek are approximately 23.3 kilometers (14.5 miles) west-northwest of Bridge No. 61. The creek flows east southeastward under the project bridge and outfalls into the Cape Fear River approximately 3.1 kilometers (1.9 miles) east of the project study area. Town Creek, at NC 133, is approximately 80.0 feet (24.4 meter) wide and ranges in depth from 6.0 to 8.0 feet (1.8 to 2.4 meter). The substrate in the study area is most likely composed of organic muck. The creek is tidal, occasionally bringing brackish water into what would otherwise be a freshwater marsh. c. Water Quality Point sources refer to discharges that enter surface water through a pipe, ditch, or other defined points of discharge. 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. There are no NPDES sites located within 1.0 mile (1.6 kilometers) of the project study area. Non-point source refers to runoff that enters surface waters through stormwater flow or no defined point of discharge. Excluding road runoff, there were no identifiable non-point sources that could be observed during the site visit. Due to the potential of impacts from deck drains, every effort will be made not to discharge the bridge deck drains directly into the stream, if possible. d. Benthic Macroinvertebrate Ambient Network The DWQ has initiated a whole basin approach to water quality management for the 17 river basins within the state. To accomplish this goal the DWQ collects biological, chemical and physical data that can be used in basinwide assessment and planning. All basins are reassessed every S years. An assessment of water quality data indicates that the Lower Cape Fear River and Coastal Watershed generally has good to excellent water quality due largely to good tidal flushing (NCDEHNR 1995a). Prior to the implementation of the basinwide approach to water quality management, DWQ's Benthic Macroinvertebrate Ambient Network assessed water quality by sampling for benthic macroinvertebrate organisms at fixed monitoring sites throughout the state. There are no BMAN sampling stations in the project vicinity (NCDEHNR 1995a). e. 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 used 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 ground water 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. The short-nosed sturgeon may inhabit the project study area. Accordingly, Design Standards in Sensitive Watersheds (formerly High Quality Water Guidelines) will be enforced during the construction phase of the project. The project study area is located within the coastal plain and crosses a perennial stream. NCDOT Stream Crossing Guidelines for Anadromous Fish Passage (see Appendix) will be adhered to during the life of the project. To further insure water quality suitable for the shortnose sturgeon and other anadromous fish, a moratorium on in-stream work will be enforced from February 1 through June 15 All measures should be taken to prevent sedimentation in Town Creek during construction. 3. Biotic Resources Biotic resources include tenrestrial and aquatic communities. Descriptions of the terrestrial systems are presented in the context of plant community classifications. Fauna observed during the site visit are denoted in the text with an asterisk (*). a. Terrestrial Communities Much of the flora and fauna described from biotic communities utilize resources from different communities, making boundaries between contiguous communities difficult to define. There are four communities located in the project area to the west of NC 133 (impact area). While not lying within the project area boundaries, the adjacent cypress-gum swamps are nevertheless noteworthy. The communities contained within the project area are discussed below. Tidal Freshwater/ Brackish Marsh Tidal freshwater (brackish influenced) marsh, oligohaline variant, is found to the north and south of Town Creek. This variant occurs in areas with slight salt influence. Salt levels may be higher during rare high tide events. Although these marshes form upstream of the mouth of the creek, they are still tidally influenced. Tidal flooding brings in nutrients derived from seawater and varying amounts of sediment to the community. 9 Much of the tidal freshwater marsh community is unusual in appearing to have recently replaced tidal cypress-gum swamp. Numerous dead trees and some live trees remain in the marsh. It is uncertain what caused the shift. Possibilities include storm-driven salt-water intrusion or rising sea level. It is presumed to be a natural process. In contrast to brackish and saltwater marshes, tidal freshwater marshes are very diverse. The Town Creek site is dominated by common cattail, wax myrtle, black willow, Arrow arrum, and beakrush. Bottomland Hardwood Forest This community exists in what appears to be an old borrow pit, which originates from the southern edge of the marsh community and roughly parallels NC 133 to the southwest of the bridge. It was most likely formed when the road was constructed. It is approximately 30 feet (9.1 meters) wide and 5 feet (1.5 meters) deep. The soils here are composed of highly organic mucks and there is evidence of frequent flooding, presumably overflow from Town Creek. The overstory is dominated by bald cypress, swamp tupelo, red maple, and sweet gum. Dominant herbs and vine include: netted chain fern, arrow arum, catbrier, rush, royal fern, Virginia chain fern, and poison ivy. Upland Pine Forest This strip of woods borders the west side of the "borrow pit". Mature loblolly pine and sweet gum dominate this community. The understory consists primarily of red bay, water oak, southern magnolia, sassafras, and mockernut hickory. Other species present include muscadine, honeysuckle, wax myrtle, and poison ivy. Disturbed Roadside This upland community is located to the north and south of the marsh community on both sides of NC 133. It encompasses two types of habitats that have recently been or are currently impacted by human disturbance: maintained roadside shoulder and disturbed fringe. Because of mowing and the use of herbicides, this community is kept in a constant state of early succession. Roadside shoulder is a regularly maintained habitat that is kept in aloes-growing, early successional state. Herbs, grasses, and vines located here include: goldenrod, morning glory, pepper vine, ragweed, Japanese honeysuckle, common plantain, winged sumac, muscadine grape, and catbrier. Disturbed fringe is comprised of shrubs and sapling sized trees that exist in the roadside shoulder/ freshwater marsh ecotone. Species 10 observed here include: wax myrtle, red maple, sweet gum, and black willow. b. Aquatic Community The Natural Heritage Program lists the area east of Town Creek as a priority Aquatic Habitat and the area west of Town Creek as priority Tidal Wetlands. 4. 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 woodchuck, least shrew, southern short-tailed shrew, hispid cottonrat, eastern cottontail rabbits, ruby crowned kinglet, Carolina chickadee, bluebird, downy woodpecker and white-breasted nuthatch. The ground beetle and bessbug were also found in this community, feeding under logs. The adjacent cypress-gum swamp provides habitat for an assortment of birds and mammals. Birds often associated with swamp communities include red- winged blackbird, white-throated sparrow, song sparrow, and northern cardinal. Yellow-romped warblers and common yellow throat may also be found in this community. Yellow warbler, red-eyed vireo, Carolina wren and mourning dove may also frequent this area. Mammals that may frequent the swamp community include white-footed mouse and raccoon. In addition, white-tailed deer* and gray squirrel may also forage in or near this community. Amphibians and reptiles are likely to be locally abundant in the riparian edge. Spring peeper* and northern cricket frog* breed in semi- permanent pools during the spring. Rat snake, worm snake, ring-necked snake and queen snake may be found here as well. The box turtle may also be found in the swamp community. a. TerrestrialImpacts Impacts to terrestrial communities will result from project construction. Table 1 summarizes potential losses to these communities resulting from project conswction. Estimated impacts are derived based on a project length of 1,000 feet (304.8 meters), and the entire proposed right of way width of 60 feet (18.3 meters). However, project construction often does not require the entire right-of--way; therefore, actual impacts may be less. Table 1. Estimated Impacts to Terrestrial Communities Impacted Area ac (ha) Altenate 1 Alternate 2 Alternate 3 Alternate 4 Communi Existing ~ Location Pen~nanent Existing Permanent Realignment Location Realignment Tempo~Y West Road Closure East detour 1 tClal rreshwater Marsh (wetland) Bottomland Hardwood Forest (wetland) Pine Forest 0.16ac/o.12 ac 0.16 ac (0.07 ha)(o.os ha) (0.07 ha) 0.12ac/o.lo ac 0.12 ac (0.05 ha)(o.o4 ha) (0.05 ha) 0.29 aclo.21 ac 0.29 ac 0.16 ac 0.90 ac (0.07 ha) (0.36 ha) 0.12 ac 0.25 ac (0.05 ha) (0.10 ha) 0.29 ac 0.29 ac (upland) (0.12 ha)(o.09 ha) (0.12 ha) (0.12 ha) (0.12 ha) Disturbed Roadside 1.12 ac/o.83 ac 1.12 ac 1.12 ac 1.12 ac (upland) (0.44 ha)/(o.33 haJ (0.44 ha) (0 44 ha) (044 ha) Total Impacts 1.69 ac/1.26 ac 1.69 ac 1.69 ac 2.56 ac (0.68 ha)(o.sl ha) (0.68 ha) (0.68 ha) (1.02 ha) Note: Detour impacts are based on a right of way width of 80 feet ( 24.4 meters). Temporary detour impacts are shown in italics . b. Aquatic Impacts Impacts to the aquatic community of Town Creek will result from the replacement of Bridge No. 61. 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. • Inhibition of plant growth. • Algal blooms resulting from increased nutrient concentrations. • Loss of benthic macroinvertebrates through scouring resulting from an increased sediment load. 5. Jurisdictional Topics a. 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 Regulations (CFR) Part 328.3. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). 12 b. Characteristics of Wetlands and Surface Waters There are wetlands in the project area in the form of tidal freshwater marshes. Vegetation includes common cattail, wax myrtle, Arrow arrum, and beakrush. Permanent and temporary impacts are as follows: • Alternate 1 -Permanent wetland impacts for the replacement of the bridge on the same alignment are approximately 0.28 acres (0.12 hectares). Temporary impacts for the construction of a temporary detour to the west of the existing bridge are 0.22 acres (0.09 hectares). • Alternate 2 -Permanent wetland impacts for the replacement of the bridge to the west of the existing bridge with a new bridge are approximately 0.28 acres (0.12 hectares). • Alternate 3 -Permanent wetland impacts for the replacement of the bridge on the same alignment are approximately 0.28 acres (0.12 hectares). Alternate 4 -Permanent wetland impacts for the replacement of the bridge to the east of the existing bridge with a new bridge are approximately 1.15 acres (0.46 hectares). There will be no impacts to jurisdictional surface waters because the new bridge will span the entire width of Town Creek. c. Permits The subject project is located within a county that is under the jurisdiction of Coastal Area Management Act (CAMA). CAMA is administered by the N. C. Division of Coastal Management (NCDCM). CAMA directs the Coastal Resources Commission (CRC) to identify and designate Areas of Environmental Concern (AEC) in which uncontrolled development might cause irreversible damage to property, public health and natural environment. A CAMA penmit from the NCDCM is required if the project meets all of the following conditions: a) Located in one of the twenty counties covered by CAMA; b) Located in or affects an AEC designated by the CRC; c) Considered to be "development" under CAMA; and, d) Not qualify for an exemption as identified by CAMA or the CRC. 13 The project fulfills all of the above statements. More specifically, the project will require a CAMA major development permit. This project will also require a 401 Water Quality Certification from the DWQ prior to the issuance of the Section 404 Nationwide Permit. The issuance of a 401 permit from the DWQ is a prerequisite to issuance of a Section 404 permit or CAMA permit. The FHWA has determined a US Coast Guard permit will not be required for construction of this project. d. Avoidance, Minimization, Mitigation Specific avoidance and minimization measures for this project include: using a maximum slope of 3:1, and replacing the existing bridge in its current location with an off-site detour. Final design will reveal final impacts. However, final permit/mitigation decisions rest on the Corps of Engineers. 6. Bridge Demolition Bridge No. 61 is 300 feet (91 meters) long and 26.4 feet (8.04 meters) wide. It has a reinforced concrete deck on steel I-beams with concrete caps on timber piles. There is potential for some components of the bridge to be dropped into Waters of the U.S. during construction. The resulting temporary fill associated with the reinforced concrete floor would be a maximum of 158.9 cubic yards (121.5 cubic meters). This calculation was based on the entire length of the bridge extending over surface waters as well as jurisdictional wetlands. All deposited components will be removed from the Waters of the U.S. as quickly as possible. Bridge removal for this project is classified as Case 2 for bridge removal which allows no work at all in water through a moratorium period of February 1 through June 1 S. 7. Rare and Protected Species a. Federally-Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of March 7, 2002, the US Fish and Wildlife Service (FWS) lists fifteen federally protected species for Brunswick County. Biological Conclusions of "No Effect" 14 were found for all federally protected species, except the shortnose sturgeon. Although no populations of this species have been reported from the project vicinity, favorable habitat does exist for this species. Based on concurrence of the National Marine Fisheries Service, a biological conclusion of "Not Likely to Adversely Affect" has been determined for the shortnose sturgeon. A review of the NHP database of rare species and unique habitats shows two occurrences of federally protected species in the project study area. The American alligator and the red-cockaded woodpecker (last observed in 1973) have been observed within 1 mile (1.6 kilometer) of the project area. Table 2. Federally Protected Species for Brunswick Coun ---- moron Name Scientific Name ~ Status shortnose Sturgeon Acipenser brevirostrum Endangered American Alligator Alligator mississippiensis Threatened, due to similarity of appearance Loggerhead Sea Turtle Piping Plover Greet Sea Turtle Leatherback Sea Turtle Eastern Cougar Bald Eagle Kemp's Ridley Sea Turtle Wood Stork Red-Cockaded Woodpecker West Indian Manatee Seabeach Amaranth Caretta caretta Threatened Charadrius melodus Threatened Chelonia mydas Threatened Dermochelys coriacea Endangered Fells concolor couguar Endangered Halieetus leucocephalus Threatened Lepidochelys kempii Endangered Mvcteria americana Endangered Picoides borealis Endangered Trichechus manatus Endangered Amaranthus pumilus Threatened Rough-Leaved Loosestrife Lysimachia asperulaefolia Endangered Cooley's Meadowrue Thalictrum cooleyi Endangered Note: "Endangered" denotes a species in danger of extinction throughout ail 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. Descriptions of Federally Protected Species found in Brunswick County, NC Name: shortnose sturgeon Endangered BIOLOGICAL CONCLUSION: NOT LIKELY TO ADVERSELY AFFECT The short-nosed sturgeon is a small (1 meter in length) species of fish that occurs in the lower sections of large rivers and in coastal marine habitats from the St. John River, Canada to the Indian River, Florida. It can be differentiated from the Atlantic IS sturgeon because of its shorter snout, wider mouth, and the pattern of its preanal shields (the short-nose having one row and the Atlantic that has two). The short-nosed sturgeon prefers deep channels with salinity less than seawater. It feeds benthicly on invertebrates and plant material and is most active at night. It is an anadromous species that spawns upstream in the spring and spends most of its life within close proximity of the rivers mouth. At least two entirely freshwater populations have been recorded, in South Carolina and Massachusetts. The short-nosed sturgeon requires large fresh water rivers that are unobstructed by dams or pollutants to reproduce successfully. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. No populations of this species have been reported from the project vicinity. However, favorable habitat does exist for this species. Based on a conversation with the North Carolina Marine Fisheries Service on December 3, 1999, a moratorium is recommended to avoid in-water activity from February 1 through June 15. The National Marine Fisheries Services concurs with the recommendation of North Carolina Marine Fisheries, and has issued a finding of "Not likely to Adversely Affect" for the impacts of the shortnose sturgeon (see letter in Appendix). This is dependent on the commitments found on the Project Commitment Green Sheet. Name: American alligator Threatened Due to Similarity of Appearance BIOLOGICAL CONCLUSION: NO EFFECT This species is listed as Threatened Due to Similarity of Appearance, and is therefore not protected under Section 7 of the Endangered Species Act. However, in order to control the illegal trade of other protected crocodilians such as the American crocodile, federal regulations (such as hide tagging) are maintained on the commercial trade of alligators. No survey is required for this species. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. There has been a sighting of this species within 1.0 km (0.6 mile) of the project area. Name: Loggerhead sea turtle Threatened BIOLOGICAL CONCLUSION: NO EFFECT The loggerhead sea turtle is found in a wide variety of habitats, including the open ocean, bays, lagoons, salt marshes, creeks, ship channels, and large river mouths. Hatchlings are often seen in association with floating sargassum seaweed. The diet includes sponges, jellyfish, mollusks, crustaceans, and fish. Loggerheads often forage in coral reefs, rocky areas, and shipwrecks. 16 The North Carolina Natural Heritage Program's database of rare species end unique habitats was checked on September 12, 2001. No populations of this species have been reported from the project vicinity. There are no suitable beach or marine habitats located in the project study area. Additionally, the project study area does not exhibit the salinity necessary to support this species. Therefore, no effects to this species will occur from the construction of this project. Name: Piping plover Threatened BIOLOGICAL CONCLUSION: NO EFFECT The piping plover has a breeding range including the Great Lakes region and the Atlantic Coast between Newfoundland and Cape Lookout, NC. Populations in the Great Lakes region are listed as Endangered; populations elsewhere in the range are listed as Threatened. This species winters on the Atlantic and Gulf of Mexico coasts from North Carolina to Mexico, and the Bahamas and West Indies. Preferred habitat consists of large sandflats or mudflats for foraging in close proximity to a sandy beach for roosting and nesting. Piping plovers nest on sandy or gravelly beaches in sparsely vegetated areas that are slightly higher in elevation than the surrounding beach The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. No populations of this species have been reported from the project vicinity. Suitable habitat does not exist within the project vicinity for this species. Name: Green sea turtle Threatened BIOLOGICAL CONCLUSION: NO EFFECT The green sea turtle can be found in tropical and temperate waters from Massachusetts to Mexico on the east coast of North America, and British Columbia to Baja California on the west coast, as well as Puerto Rico and the U.S. Virgin Islands. Most nesting in the United States takes place on the eastern coast of Florida between Volusia and Dade Counties, though some nests have been observed in Puerto Rico and the U.S. Virgin Islands as well The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. 17 Name: Leatherback sea turtle BIOLOGICAL CONCLUSION: NO EFFECT The Leatherback sea turtle is the largest of the turtles, weighing 295-680 kg with a length of 1.2-1.8 m. This turtle is unique in that its carapace is not composed of hard scutes, but is rubbery with small bones embedded in it. Preferred nesting beaches are usually isolated, with close proximity to deep water, bordered by vegetation, and steep enough so that dry sand is not too far from the water. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. Name: Eastern cougar Endangered BIOLOGICAL CONCLUSION: NO EFFECT The eastern cougar is a large, unspotted, long-tailed cat weighing between 68 and 91 kg. The cougar's body and legs are a uniform tawny color, although the belly is a pale reddish color, and the backs of the ears, tip of the tail, and sides of the muzzle are black. Habitat requirements consist primarily of large tracts of wilderness and adequate prey, and this species can live in coastal swamps as well as mountainous regions. Cougars feed mainly on white-tailed deer, although they may also eat small mammals, wild turkeys, and occasionally domestic livestock. It is estimated that a female cougar can have a range of 5-20 square miles, and a male can have a range upwards of 25 square miles. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. Name: Bald eagle Endangered BIOLOGICAL CONCLUSION: NO EFFECT 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 Endangered is 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. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. No populations of this species have been reported from the project vicinity and no birds or nests were observed during the site visit. Name: Kemp's ridley sea turtle Endangered BIOLOGICAL CONCLUSION: NO EFFECT The Kemp's ridley sea turtle is the smallest of the sea turtles in our area, weighing 36-50 kg. This turtle is unique in that its broad, heart-shaped carapace is gray, and there is a secretory pore near the posterior edge of each scute forming the bridge between the carapace and plastron. The Kemp's ridley sea turtle is found in shallow water, usually near coastal forests of red mangrove (Rhizophora mangle). Nearly the entire population nests on approximately 24 km of beach in the state of Tamaulipas, Mexico. Prefenred nesting beaches are backed by large swamps or open water with nan ow ocean connections. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. Name: Wood stork Endangered BIOLOGICAL CONCLUSION: NO EFFECT Wood storks are large wading birds with long legs. They are approximately 1.27 m tall, with a wingspan of 1.52-1.65 m. Their plumage is mainly white, except for black primaries and secondaries and a short black tail. The head and neck are unfeathered, with dark gray skin; legs are dark, and the bill is black and slightly decurved. Juveniles are grayish and have a yellow bill. Nesting occurs in large colonies, primarily in cypress and mangrove swamps. Favored feeding habitat includes freshwater marshes, tidal creeks, and tide pools, especially pools in marshes or swamps where fish are concentrated by falling water 19 levels. The feeding grounds may be as far as 128 km from the nest location, as the storks use thermals to soar great distances. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does exist within the project vicinity for this species. However, only a few representatives of this species have reached southeastern North Carolina, residing primarily in coastal South Carolina, from near Georgetown southward (Potter 1980). There have been no populations of this species reported from the project vicinity. Name: Red-cockaded woodpecker Endangered BIOLOGICAL CONCLUSION: NO EFFECT The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cap, nape, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are _>60 years old and are contiguous with pine stands at least 30 years of age. The foraging range of the RCW is up to 500 acres (200 hectares). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with the fungus that causes red-heart disease. Cavities are located in colonies from 12-100 feet (3.6-30.3 meters) above the ground and average 30-50 feet (9.1- 15.7 meters) high. They can be identified by a large incrustation of running sap that surrounds the tree. The RCW lays its eggs in April, May, and June; the eggs hatch approximately 38 days later. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. The red-cockaded woodpecker was last observed from the project vicinity in 1973. However, habitat suitable for this species is no longer present in the project vicinity. 20 Name: West Indian Manatee BIOLOGICAL CONCLUSION: Endangered NO EFFECT The manatee is a large gray or brown aquatic mammal. Adults average about 10 feet (3 m) long and weighing around l 000 pounds. The body of the manatee is nearly hairless except for a muzzle covered with stiff "whiskers." The U.S. manatee population was probably twice as abundant in the 1700's and early 1800's as at present. Initial population decreases resulted from overharvesting for meat, oil, and leather. Today, heavy mortality is attributed to accidental collisions with boats and barges, along with loss of suitable habitat. Manatees inhabit both salt and freshwater habitats of sufficient depth (greater than 1.5 m). They may be encountered in canals, sluggish rivers, estuarine beaches, and salt water bays. Observations of salt water populations indicate that they may require freshwater for drinking purposes. Manatees also require warm water. When water temperatures drop below 20 C, they begin to move into warmer water, often forming large aggregations in natural springs and industrial outfalls during the winter. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. No populations of the West Indian Manatee have been reported from the project vicinity. This species typically inhabits more southern areas but has been observed on occasion in North Carolina's coastal waters near South Port. Nevertheless, manatees are not likely to swim as far north as the NC 133 crossing of Town Creek. The U.S. Fish and Wildlife Service has developed a list of "Precautions for the general construction in areas which may be used by the West Indian manatee in North Carolina." These precautions will be considered in all aspects of project construction; therefore, this project will not affect the West Indian manatee. Name: Seabeach Amaranth BIOLOGICAL CONCLUSION: Threatened NO EFFECT Seabeach amaranth is an annual legume that grows in clumps containing 5 to 20 branches and are often over a foot across. The trailing stems are fleshy and reddish-pink or reddish in color. Seabeach amaranth has thick, fleshy leaves that are small, ovate- spatulate, emarginate and rounded. The leaves are usually spinach green in color, cluster towards the end of a stem, and have winged petioles. Seabeach amaranth is endemic to the Atlantic Coastal Plain beaches. Habitat for Seabeach amaranth is found on barrier island beaches functioning in a relatively dynamic and natural manner. Seabeach amaranth grows well in overwash flats at the accreting ends 21 of islands and the lower foredunes and upper strands of noneroding beaches. Temporary populations often form in blowouts, sound-side beaches, dredge spoil, and beach replenishment. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. Name: Roughed-leaved Loosestrife BIOLOGICAL CONCLUSION: Endangered NO EFFECT Rough-leaved Loosestrife is endemic to the Coastal Plain and Sandhills of North Carolina and South Carolina. Typical habitat for rough-leaved Loosestrife is the ecotone between high pocosin and longleaf pine (or oak) savannas that contain sandy or peaty soils and full sunlight. Rough-leaved Loosestrife sometimes occurs in low pocosin openings where light is abundant at ground level. Other habitats where this species is found include ecotones of stream-head pocosins in the Sandhills and Sandhill Seeps where wet sands are underlain by clay, allowing water to seep to the surface along slopes. Two populations ofrough-leaved Loosestrife occur along NCDOT rights-of--way in Brunswick County. Rough-leaved Loosestrife is a perennial herb growing from 30 - 60 cm (12 - 24 in) tall. Its sessile leaves, in whorls of three to four, are broadest at the base and have three prominent veins. The leaves are entire, slightly revolute (rolled under along the margins), yellow-green or blue-green in color and lustrous. Rough-leaved Loosestrife flowers from May to June. Suitable habitat for this species does not occur in the project area. During a general survey of the area, the project area was also surveyed for this species by NCDOT biologists on June 23, 1999. No individuals of this species were located in the project area nor does the NCNHP database show in previous records of this species occurring in the project area. Thus, construction of this project will have no effect on this species. 22 Name: Coole~~'s meadowrue Endangered Best Search Time: mid June to early July BIOLOGICAL CONCLUSION: NO EFFECT Cooley's meadowrue occurs in wet pine savannas, grass-sedge bogs and savanna like areas, often at the border of intermittent drainages or swamp forests. This species is usually found in areas that contain some type of disturbance such as clearings, burned savanna edges, maintained roadsides and power line rights-of--ways. It is found on fine sandy loam, circumneutral soils that are seasonally (winter) moist or saturated and only slightly acidic (pH 5.8-6.6). Cooley's meadowrue is a tall herb growing to 1 m or more when in flower. Its slender stems are erect in sunny locations and lax or sprawling when shaded. Suitable habitat for this species does not occur in the project area. During a general survey of the area, the project area was also surveyed for this species by NCDOT biologists on June 23, 1999. No individuals of this species were located in the project area nor does the NCNHP database show in previous records of this species occurring in the project area. Thus, construction of this project will have no effect on this species. b. Federal Species of Concern and State Listed Species There are thirty-seven federal species of concern listed by the FWS for Brunswick County (Table 3). Federal species of concern 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. In addition, organisms which are listed as Endangered (E), Threatened (T), or Special Concern (SC) by the North Carolina Natural Heritage Program 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 federal species of concern, 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. A review of the NHP database of rare species and unique habitats shows one occurrence of FSC species in the project study area. The Northern pine snake has been observed within 1 mile (1.6 kilometers) of the project area. 23 Table 3. Federal species of concern for Brunswick County - Common Name Scientific Name NC Habitat Status Present Bachman's Sparrow Aimophila aestit.'alis SC No Henslow's Sparrow Ammodramus henslowii SR No Carolina Pygmy Sunfish Elassoma boehlkei T Yes Southern Hognose Snake Heterodon simus SR* No Mimic Glass Lizard Ophisaurus mimicus SC/PT No Eastern Painted Bunting Passerina ciris ciris SR Yes Northern Pine Snake Pituophis melano/eucus melanoleucus SC* Yes Carolina,Gopher.Frog__.._..._.______..._. __......_Rana capito capito___._..._......_. _. _ SC/PT No Buchholz's Dart Moth . Agrotis buchholzi SR No Arogos Skipper Atrytone arogos arogos 5R No Waccamaw Spike Elliptio waccamawensis T No Venus Flytrap Cutworm Moth Hemipachnobia subporphyrea subporphvrea SR No Greenfield rams-horn Helisoma eucosmium SR N~~ Magnificent Rams-hem Planorbel/a magnifica E No Rare Skipper Problema bulenta SR Yes .Cape Fear Threetooth ___ _ Triode sis soelneri T Yes Savanna Indigo-Bush Amorpha georgiana var conjusa T _ _ Yes Honeycomb Head Balduina atropurpurea C* No Chapman's Sedge Carex chapmanii W 1 * Yes Venus Flytrap Dionaea muscipula C-SC No Dwarf Burhead Echinodorus parvulus C Yes Harper's Fimbry Fimbristylis perpusil/a T Yes Pondspice Litsea aestivalis C No Carolina Bogmint Macbridea caroliniana T Yes Loose Watermilfoil Myriophyllum laxum T No Savanna Cowbane Oxypolis ternata W 1 No Carolina Grass-Of-Parnassus Parnassia caroliniana E No Pineland Plantain Plantago sparsiflora E No Awned Meadow-Beauty Rhezia aristosa T* No Swamp Forest Beaksedge Rhynchospora decurrens C Yes Theme's Beaksedge Rhvnchospora thornei E No Carolina Goldenrod Solidago pulchra E No Spring-Flowering Goldenrod Solidago verna T No Wireleaf Dropseed Sporobolus teretifolius sensus stricto T No Carolina Asphodel Tofieldia glabra C No Dune Bluecurls Trichostema sp 1 C No Savanna campylopus Campvlopus carolinae C No Note: C A Candidate is any species which is very rare in North Carolina, generally with I -20 populations in the state, genera lly substantially reduced in numbers by habitat destruction. E An Endangered species is one whose continued existence es a viable component of the State's flora is determined to be in jeopardy. 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 Conservat ion Act (plants). Only propagated material may be sold of Special Concern plants that are also listed as Threatened or Endangered. SR A Significantly Rere species is not listed as "E", "T", or "SC", but which exists in the state in small numbers and has been determined to need monitoring. T A Threatened species is any native or once native species which is likely to become an Endangered species within th e 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. W I A Watch Category 1 species is a rare species whose status in North Carolina is relatively well known and which appears to be relatively secure at this time. /P_ denotes a species which has been formally proposed for listing as Endangered (PE), Threatened (PT), or Special Concern (PSC), but has not yet completed the listing process. ' Historic record, the species was last observed prior to 1979. 24 VIII. COMMENTS, COORDINATION AND PUBLIC INVOLVEMENT On May 22, 2001 a citizens informational workshop was held in Brunswick County for both this project and TIP Project B-3116. This workshop was held to obtain comments and suggestions from the citizens in the project area. Approximately 25 persons attended this meeting. Most of the citizens in attendance opposed the road closure to replace the two bridges. Some of the concerns with closing the road included inconveniences to school buses, evacuation during hurricane season, emergency response time and increased travel cost due to high gas prices. Most citizens, however, agreed the bridge requires replacement. With the option of closing NC 133 being the proposed recommendation, NCDOT coordinated with Orton Plantation, a set of formal and informal gardens open to the public to determine how this would affect their business. A spokesperson from Orton Plantation was in favor of replacing the bridges and did not object to closing the road. The let date was adjusted to allow construction to begin after mid-September to accommodate Orton Plantation's schedule. This tourist attraction is open March through November. A meeting was held with natural resource agencies on June 14, 2001. The purpose of this meeting was to discuss alternatives for TIP Projects B-3115 and B-3116 and to obtain concurrence on the recommended alternative for both projects. The result of this meeting was a recommendation to replace Bridge No. 61 in its existing location with a 300-foot (91 meter) bridge. A meeting was held on July 9, 2001 with public officials in Brunswick County. Representatives from Carolina Power and Light Company's (CP&L) Brunswick Nuclear Plant and local emergency management officials had concerns with the road being closed during hurricane season. They agreed however, the replacement of Bridge No. 61 along with the adjacent bridge project were needed. CP&L and other officials did not object to closing the road; however, they asked that NC 133 not be closed until after Labor Day, in order to avoid the peak tourist season and reduce the amount of time the road will be closed during hurricane season. NCDOT agreed to delay closing NC 133 until after Labor Day. NCDOT will provide CP&L and the emergency management officials with an estimate of the amount of time the road closure will add to evacuation times for the plant. A meeting was held on January 31, 2002 with representatives from emergency : management and other local officials from Brunswick County, CP&L, citizens, State and • Federal Resource Agencies, and NCDOT representatives. The purpose of this meeting • was to discuss closing NC 133 to replace the two bridges. The meeting concluded with NCDOT agreeing to gather information on cost and impacts for replacing the bridge on new location to the east and making a decision after comparing all of the proposed alternatives. NCDOT also agreed to leave Bridge No. 56 open while Bridge No. 61 is being replaced. 25 A meeting was held on March 8, 2002 with NCDOT officials at the existing bridge location. After consideration with the Board of Transportation Member for Division 3 and the Division Construction Engineer it was decided to replace the bridge on existing location with road closure and an offsite detour. IX. CONCLUSION Based on the above discussion, NCDOT and FHWA conclude the project will cause no significant environmental impacts. Therefore, the project may be processed as a Categorical Exclusion. 26 FIGURES ` m~ ".. • 4•~: N ' ' l li« y~,'1~y . ~.~~:. • v. ~,......~;. _ B R U N S W 1: ~"" C ~~ y+r- .. 1M~i....: .: 4 i= ~_~ .~.... -- i..»;w. ::kn ~ k, k:,~, ~. ~~; . ~. ~, .», - .\ ~ `' ~ }~', `-.1."~ CAMPBELL ISLAND ` ~. ~a~"0"'" North Carolina Department of Transportation ., ~ Division of Highways ~, '''~ ~~ Planning & Environmental Branch Brunswick County Replace Bridge No. 61 on NC 133 Over Town Creek B-3115 Figure One ~;=. r. LOOKING NORTH FROM THE SOUTH END OF $RIDGE ~ FIGURE 3 .. LOOKING SOUTH FROM THE NORTH END OF BRIDGE • , . , I~ .I -, i /. t.. 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I \`~~~ a ~ °z ~ I III '~~__ I 'I I I " o I ~ ~ o I „ - --- --~~ .o I III ~\ I I i ~~ III ~ I I I ~~I---!-~---------------~ I ~ ~ ~I ry „ ~_ III o, , I ~ ~ I ~I ~ / I Il r--~; Q --------- ~'~ I III °~ + I - ~ ~ I III w~ I ; ; I ~-I ~ ~ ~' I Il f---r.., I ~ ~ I zl -~ ,~ I --, I ~ ,, .. I I ill---' oc "I I III ~ I L ~ I I 2.~ ~ I -a~ Nei f I a ~~~ ~ ~ I ~ i I I z F- N O X W O r O O N H a ~11~~~~~10 JL ~y ®V'V' ~~S ~11~,~ 1~'AMES AI~TD ADDRESSES PARCEL NO. NAMES ADDRESSES 2 T. F. HOLDINGS 1 ~ TOWN CRESS TIMBER COMPANY 3 ~ DAVID R. HARLESS ~ ~, J. CLARg HIPP \.. ~ `~ W.C. WARWICS,, III 1202 EASTWOOD RD. WILMINGTON, NC 2803 P.O. BOX ~Q886 WILMINGTON, NC 2&Q06 2765 RIVER RD.5E WINNABOW, NC 2879 50~ DOCg ST. WILMINGTON, NC 3801 9165 RIVER OAgS LANE SE WINNABOW, NC 28J79 r z O ~. _ N ~ N 44 (/~ " ~ Q m O ~ U~ ~ x U ~ ~' o O o O 3 m Hz w~ zH o ~~ ~w A ~~ ~O Q a W Q ~ U z W o ~- a~ w w ~ ~ ~ H U ~ ~ ~ Q o~ w w Q O LL ~ ~ a~ o w ' J Q O LL LL } ~ ~ W ~ t Q W ~ W O o W Z ~ Q ~ m Y N Z O H ~ ~ a ~ 3 3Z ~ QLL g lai LL 2 p ' d } ?R1 N Q W A ~ Z ~ ~ E LL LL ~ ~ ~ W z~a m d c Z (/) ~ i j i ~~ i ,I i I i l l ~ ~~ ! I ~ I i ~ i i ~! i ~ j I; R i o i ~ i I I I ~ yy~ C I i f ~ ~ I I~ ~ ~ ~ ~ i l I I I V C U ~ I I ! I I I I I I I I j I~ I~ I l I I I I I o U a w E i ~ ~ ~ i~ ~ I I I ~ i i~ i~ l ~ ~ ~ w _ iL3 - o V ~ i ! I ~ i ~ ~~ j I ~~ I I l ~ i i ~ i j w ~ ~ ~ I ~ ~ ~ , U I I I I ~ ~ ~^ I I v~ ~ ~ ~ O ~ ~~~ c ~ ~ ° o v I o ii ? ~ ~ '~ ~ ~ .. 0 0 0 0 N ~ ~ H V ~ ~ ~ ~ ~~~ o 4S ~ Z [i ~ ~ ~ ~ ~ ~ e o 3 ~~ 5 ~ 0 0 ,y ~ ~ ~ ' ' 0 0 u . H ~ [~ ~ _ d' m O O J J O ~ v O + } + f f0 Z ~ J ~ O ~F W A T En _~ >_ rvii~haei F. Easley, Governor G William G. Ross, Jr., Secretary ~ North Carolina Department of Em~ironment and Natural Resources "• Flan W. Klimek, P.E., Director `~ Division of Water Quality V~lilmington Regional Office August 6, ?002 Mr. Andrew Nottingham, P.E. North Carolina Department of Transportation Hydraulics Unit, 1590 Mail Service Center Raleigh NC 27699-1590 =:,;,_ Subject: Dear Mr. Nottingham: Management Permit Regulations NCDOT Project Number 8.1231401 (B-3115) Stormwater Project No. S W8 020803 Bridge No. 61 over Town Creek on NC 133 Brunswick County n c (~ ~ UG 0 u 2002 DIVi5(0~! OF HiGH6V, EXEMPTION from Stormwater HYG~~~IDS'UNI~ The Wilmington Regional Office received a copy of a Stormwater Management Permit Application Form for the NCDOT Public Road or Bridge project known as Bridge. No. 61 over Town Creek on NC 133. Staff of the Wilmington Regional Office have reviewed the application for the applicability of the Stormwater Management rules to the proposed activity at this project. Based on our review, the proposed development activity at this site is not subject to the stormwater requirements as provided for in 15A NCAC 2H.1000.~ Please be advised that other regulations may potentially apply to the proposed activities. If your project disturbs five acres or more and has a point source discharge of stormwater runoff, then it is subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. This exemption applies only to the Coastal Stormwater Management Permit for the currently proposed activity. If at any time in the future, development of any part of this site is planned, as defined in NCAC 2H.1000, or if the proposed activities differ in any manner from what is shown on the plans on file with the Division, you must submit the project for review of the .applicability of the stormwater management rules. If you have any questions concerning this matter, please do not hesitate to call me at (9~ 0) 395-3900. Sincerely, ~~~~ Rick Shiver Water Quality Regional Super<-isor RSS/arl: S:\WQS\STORMWAT\EXEMPT\020803.Aug cc: Delaney Aycock, Brunswick County Building Inspections Linda Lewts Wilmington Regional Office Central Files ~. ~~~~ w NCDEM1R u. urvision or vva~er uuaury ru ~arainai unve Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2003 Customer Service a00-623-774& ~.-n~tec ~tdtes I~e~3~I"tl:Ie~It 0f tic ~r~.te~-~~t- _~ 1u1S1{ .4!!D VVILllLIINE SER~'1C1; - italcigh [~icld OCfw Past Office Brix 33726 Kalciei~. North Caailint, 27636-i%2r~, GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in-water projects which do not reQUire blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water-related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report mus# be made to the U.S. Fish and Wildlife Service (ph. 919.$56.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels assoaated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallowwater during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project managerwill prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle° speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Caralina, one normally sees only a small part of the head when the manatee raises its nose to breathe. s.. w ~t__.~- r'-~ .. •- '. ~+ l +s'-----Y-- .. _ ~~ -~~ ~~ r~~ `~~' ,. ~ `~r Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rana Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. _;.~ ~ ~ ~ Q ~'' U -- ~ ~ •~--,~ - M ^ M ~~~ U ,~.. mmm o 'W ~ O a +a r r ~- N {'7 Y 'V' ~ ,. a _~; _ _ _ .. __ .____ ~Q ;;%' c ~~' ~; ~ U 1 ~ ~ ^'1~ r ~- ~~ ~ ~ 4 -•-1 C!i P ~a ~ , 1 t9 -1 r ~~:: p .: 1 Q1 1....1 :.J ~ Q ~ E~ w ~ ~_-! -1 1 ~ ~ II P'=1 rY~ ~ / ~-- ~ ~~ C _: ~ ~ ~r Ga~E~ r ,, ~ Q V~ ~ ~~~ \ r~ / ,r~ ~ ~ ~~ ~ .~ R '.'1 ~ \y~y r~!~a ~ ,~ --~ .~ _~ ~' ~ ~~ ~ - ~ ~ m J _i ra~a ~ o s~ ~_ z j ~ "'3' , raj r ~~ .. ~ °.. -a-~`~'~ ~'~`~ mac, ~ aq < ~ ; ' 1 $ v) ~ ~j , ,( 1 ~ ~ ~a, ~ 't~ ~ ~ ~ _ ''A`te : 11 ~ ,~ t' h; t ~ P ~ ~ ~ ~ ~' , ,~ ~, i i ,~ ~ ,~.- ~J j_, _ ~~ ~~ ~ a W ~ z a v ^ g o h "`r r~ ~ ~~ ~x ~ ~ 4 a °m ~ ~ N N M N A ~ J ~" ~ ~ n R ~ ~~ N ~ G p u u ~ u ~ ~ ~ ~ G {y~~!~ "7 W ~ H ~ O F F ~ a ~ 3 2 0 G o ~ ~ ~ ~ ~ o aR aR aR ~ ~ A M t~l ~ ~ of ~ C w, u u u u n u ~ R~ N N ~ q ~~ r r ~ ~ o h ~ V o ~ 0 «srr£-s ~s~aloua azs cssooz~ -s~r~xsxo~ •( i. i • IO N Ii ~~./eJ 1T. ~. ~. 1 b' . ~ a ,, C/ '~ ~ \' ,/ W \\ \~\\ ~. ~~ ~v I ~~4 u1° rn n~cn ^o "vvi ti~ o °~ -~ m N m m N x m rn 0 r -o a r m ~~~ ~ :~ ,_~ g~ r ~ '_ O y ~w~ a~ __ N 53'I11' OJ' F LO'pS ~ / R / i I ~f~ ~~~ i _ ~ ~~~^'~ ~ ~, i J~\ ~ A 5g~ ~~ ~ ~_ -=lco9_..... .. M.f ,.11 .2b `: ~A~` i `-~ ,~ .~ c, U ii r G. '`~ ,rl „ ;~~ 1~ l5 C`~O ~l~ 1~' C)) e~ ~" ~ ~ ~ ,, IS 'L ~ ~. ~ ~ ~ 1 . O~ t ;' u n d~ ^ '1 m p '~ ±^ m ~ o ~~ ~ jl,~ ~ ~ -~ ~ ~ r ~ ~ ~ ~~ ~~> V (A1 ri ~ ti Cl ~. ; I ~ I ~ o .r. A ~ ~ ~ r ~ ~ o ~ ~~~ + ~p f h ~ o Fs Fn in ~ I o ~ ~r :, ~_ -..... ~_ p * Bon .fA V ' ' " ~ ~ R ~ P z ~ > ? ~ {l _ ~ ~~„ iti n b 6 .. 1 N . o $+ ~j 1 l ~ ~nrJ m w ,~ y g~ O ~~ Cm ~~ ~ -.~ 1~ ° ~- 2; ---- ~ ~~_~ °' r "" ~. ; ob m ..wm ~ ~° m n ~ R, ~ p ~~ ht ~... r ,' i .~ ~~,,, '~ ~ ~~~o~~op ~ °~'° ~'h"pu' a " ui83° Q ~ ~~_ ~' `1\ \ ci \ f~ ~~ \ ri ~ n O n iii N y~ T ^ `~ i~ \ s ~/tl tl ~_ S _... .-..N.~0 ,14 _ ..._. .- M.1 -...M -... _.. .. - n ~y .,~ _~ r P ~_ ~ .~. . ~ ~~~~ ~.~,,: y ;~ h Cb j I ~n .~~ V 20\\~ Fk 11-20041 ~0 /:.15 ~~:WxA ~ t 1 _ x~ 1. R15~ 934 05 . . _ ~ . _ - - - _ , - -- - ~ - - - - - - - - - -- - - - - - - _ - . - - - - - - _ . - - - _. _ _ - _ _ . _ _ _ _ - - - _ - - - - - - - - - _ _ - - - - - - - - 1 _ _ _ ~ - - - _ _ - - _ _ _ _ _ _ . - _ __ _ _ .. _ _ - - - __ _ _ - - _ _ _ _ _ _ _ _ _ _ , f - - - ~ ~ ~~I _ .. - _ _ _ . _ _ - .- __ . _ . - -- - - -- - - ~.. - -- - - _ _ - - - - - - __ . I _ - - - - - - - - _. ~ _.. _ . . _ _ _. - -a - - - _ - - _. _ _ .. _ _ _ -- - - _ - - - ' W . - -_ - - - - _ - . W _ - _ .. .- - - _ _ - - Z - - .. .. - _.. .. .. C h m _ _ . __ _ . .. .. Z _ .. _ _ O _. _ ,. . . . ` ~ Z a ' ~ .. ~ I • , 20-F CD 7004 07:3h , fil\xsc V..xp~•~~~ll"'__ c,n t ~ ~~~ ~~~~~~ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Apri16, 2004 MEMORANDUM: TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Brunswick County: Bridge # 61, on NC 133 over Town Creek ~Np'5~4~~ CROUP A~p~ ~~ ~ ~~~~4 ~TERQI/q[l ~SEOT/ON Proposed Project: The applicant proposes to replace the existing 300' timber, concrete, and steel bridge over Town Creek with a 300' cored slab concrete bridge spanning Town Creek and the adjacent Coastal Wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by Apri127, 2004. If you have any questions regarding the proposed project, please contact Bill Arrington at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment~onithe~proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ' r~~~~DATE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement,net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper Development Type FEE DCM °/. (14300 1601 435100093 1625 62531 OWt] (24300 1602 435100095 2341) I. Private, non-commercial development that does not involve 5250 100% (5250) 0% (SO) the filling or excavation of any wetlands or open water areas: II. Public or commercial development ~~ that does not involve the filling or 8400 100% (5400) 0% (50) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). For Private, non-commercial i development, If General water Quality 5250 100% (5250) 0°6 (SO) Certification No.3301 (see attached) can be applied: III(B): For public or commercial development, if General water Quality 5.:00 100°6 (5400) 0°6 (SO) Certification No.3301 (see attached) can be applied: III(C). If General Water ~ualih/ Certification No. 3301 (see attached) could be applied, but DCM staff determined that additional review and 500 60% (5240) 40°0 (5160) written DWQ concurence is needed because of concerns related to water quality or aquatic life: III(D), ((General Water Quality Certification No. 3301 (see attached) 5400 60% (5240) 40 % (5160) can not be applied: IV. For development that involves the filling and/or excavation of more 5475 60% (5285) 40°6 (5190) than one acre of wetlands and/or open water areas: n "~ SfAtE e ~o~ ~~~ ~ ~ .~ ~~~. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL P. EASLEY GOVIIRNOR April 2, 2004 N.C. Department of Environment and Natural Resources Division of Coastal Management 151-B Hwy 24 Hestron Plaza II Morehead City, NC 28557 Attention: Mr. Bill Arrington District Manager Dear Sir: LYNDO TIPPETT SI'C'RI' I r\Rl' Subject: Amendment to Application for CAMA Major Development Permit for the proposed replacement of Bridge No. 61 on NC 133 over Town Creek in Brunswick County, NCDO'I' Division 3. Federal Project No. BRSTP-133(1), State Project No. 8.1231401, WBS Element: 32874.1.1,'I'IP No. B-3115 Please see the following amended items for the permit application sent March 12, 2004. Bridue Demolition (Page 2 The Final 1999 NCDOT's Best Management Practices for Bridge Demolition and Removal states that "If a CAMA permit is required, dropping any components ofa bridge into the water will not be acceptable unless it is proven that there is no feasible alternative. Such an activity would require coordination with and approval of CAMA." 'Therefore, language in the permit application for bridge demolition will charge to the following: Bridge Demolition: Bridge No. 61 is 300 feet long and 26.4 feet wide. It has a reinforced concrete deck on steel I-beams with concrete caps on timber piles. Best Management Practices for Bridge Demolition and Removal, which dictates that all existing structures over water be removed by non-shattering methods, will be followed during demolition and construction. Bridge Nn. GI wrl! be removed wit/rout dropping ar{v components into the stn,~uce tivntc~s. /f during cons'h•uction it is detcrminc~! that this is not feasrhk~, tltcn ern alternate hridge demolition plan will he coordinated with t{le Division o~~C'oastul Manage rrlent. ' ' , - a <' - s'~ ~ ~ *'~° ~ °+°r. Turbidity curtains shall be installed along the banks of Town Creek to help prevent components of the existing bridge from entering the watercourse. NCDO"C will adhere to a moratorium allowing no work in water during the MAILING ADDRESS: TELEPHONE: 919-715-1500 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-715-1501 2728 CAPITAL BLVD PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS PLB SuITe 168 1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC 27604 RA~eicN NC 27699-1598 2 period of February I through June 15 to protect the shorinose sturgeon and other anadromous fish. Piles and Bents (Include new information with PROPOSED IMPACTS `I'O WATERS Oh 'fHl? UNITED STATES section on page 2) Pile Installation The bridge will have pre-stressed concrete driven piles. Since the piles will not be jetted and therefore cannot be driven as deep, they will be in a braced A-frame form. The square piles will be 65 feet by 20 square feet. Subsequently, the bents are located in the water at four locations across the creek. Page 4. Mitigation Options. The statement concerning supporting structures will be removed. AVOIDANCE AND MINIMII_ATION: Specific avoidance and minimization measures for this project include using a maximum slope of 3: I and replacing the existing bridge in its CUrI'Cnt OCatloll wlth all o11-S1tC detclln•. ^ na, ii%~V v, iug~, r.. 1, :, 1, ~ ,1 ~ ..,:„.. ~,....,.,....,,,, ~,,.u,,,, . , ,1,,, . ,.,.,.- The tidal freshwater ~ i%%n vruu iwii% ~,~ ui marsh will not be impacted because the new bridge will span this conunupity as well. Thank you tilt your assistance with this project. If you have any questions or need additional information please call Carla Dagnino at (919) 715-1456. Sincerely Gregory J. Thorpe, Ph.D Environmental Management I)ircctor, PDL'A cc: Ms. Cathy Brittingham, NCDCM Mr. Dave "I'impy, USAC1~., Wilmington Mr. Bill Biddlecomb, USACE, Washington Mr. John I Icnnessy, DWQ, Raleigh Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Mr. Ron Sechler, NMhS Mr. Ari McMillan, P.I?., [lighway Design Mr. Mike Street, NCDMF Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and "1'll' Mr. David Chang, P.I~:., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. IL Allen Pope, PE; Division 3 I:ngincer Mr. Mason llerndon, DIV 3 DE.O B-31 I S Permit app Amendment Subject: B-3115 Permit app Amendment Date: Fri, 02 Apr 2004 10:18:55 -0500 From: "Carla S. Dagnino" <cdagnino~dot.state.nc.us> Organization: North Carolina Department of Transportation To: bill.arrington@ncmail.net Hi Bill, Please take a look at the attached amendment to the permit application. 1 checked with Joe Blair from the Division and he said that he would like to leave the .07 acre of Mech. clearing as is (permanent). He said that possibly it will be just mowing, but there may be some other clearing and he would rather be on the conservative side and not get a modification later. I addressed the other issues • Bridge demolition • Pile Installation • Bents in the water. Please let me now what you think and I will send out to the other agencies. Thanks. Carla Name: B-3l 15 LAMA Permit Atmmendment.doc ~~B-31 15 CAMA Permit Ammendment.doc Type: WINWORD File (application/msword) Encoding: base64 Download Status: Not downloaded with message .. ~~- DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina Department of Transportation 2. LOCATION OF PROJECT' SI"I'E: Bridge No. 61, on NC 133 over Town Creek in Brunswick County Photo Index - 2000: No Photo 1995: No Photo State Plane Coordinates: x: 2306425 y: 142276 GPS: Rover File # X032917A 3. INVESTIGATION TYPE: LAMA/D&F 4. INVESTIGATIVE PROCEDtRE: Dates cif Site Visit - 12/8/03 & 3/29/2004 Was Agent Present -Yes on 12/8/03 5. PROCESSING PROCEDURE: Application Received as Complete- 4/2/2004 Office -Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Brunswick County Land Classification from Lt1P -Rural & Conservation (B) AEC(s) Involved: CW, PTA and PTS (C) Water Dependent: Yes ~~ (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - NC 133 and 300-t<~ot long by 27-toot wide bridge Planned - NC 133 and 300-fioot long by 36-toot wide bridge (G) Estimated Annual Rate of Erosion: N/A Source: N/A 7. HABITAT DESCRIPTION: [AREA] F,xcavated Filled Other - _ (A) 404 Type Wetlands __ 0.10 acres (Permanent) 0.07 acres Mechanized <0.01 acres (Temp.) Clearing (B) Coastal Wetlands (C) Public Trust Area -Shallow is any 2 ~ ~tn~nal 10 sq. ft. Bottom Shading 2070 sd. ft. (D)Other -High Ground 0.85 acres (In roadway and shoulders) (D) Total LAMA AEC Disturbed: approx. 0.27 acres Shading anti Buffer Impacts (E) Total area disturbed by project: 2.5 acres (F) Primary Nursery Area: No (G) Water Classification: C-SW (H) Open for Shellfishing: No 8. PROJECT SUMMARY: The N.C. Department of Transportation is proposing to replace the existing 300-foot long timber, concrete and steel hridge over Town Creek with a 300-foot long cored slab concrete hridge spanning Town Creek and the adjacent Coastal Wetlands. FIELD INVESTIGATION REPORT NC DOT - B-3115, Bridge No. 61 over Town Creek, Brunswick Count~~ PAGE 2 9. PROJECT DESCRIPTION The site of this proposal is Bridge No. 6I on NC 133, 1.1 miles north of Pinelevel at the crossing of Town Creek, in Brunswick County. The general purpose of the project is to replace the deteriorated 300-toot long by 27-toot wide timber, steel and concrete bridge with an 300- toot long by 36-foot wide concrete cored slab bridge Spanning Town Creek and the adjacent Coastal Wetlands to allow safer driving conditions for the traveling public. Bridge No. 61 crosses Town Creek 2 miles west of its confluence with the Cape Fear River. 1'he bridge crossing Town Creek is tlanked with Coastal Wetlands and 404 type wetlands. Creek width at the crossing is approximately 120 feet. Bridge No. 61 crosses 't'own Creek at approximately a 45-degree angle. Vertical clearance between the water and bridge bottom is approximately 6 feet. An approximately 500-foot long by 60-foot wide causeway was constructed through wetlands on Chowan silt loam soils when the bridge was constructed. The Coastal Wetland area exists immediately adjacent to Town Creek and consists of Cladium and Spartina cynosuroi des. 1'he 404 type wetlands between the coastal wetlands and the high ground is vegetated with Red Cedar and Baccaris halimifolia, Pine, Maple, Gum, Honeysuckle, Myrtle, Cypress and Carex. Soils on this site are mainly Chowan silt loam with Baymeade tine sand and Blanton tine sand in the upper elevations farthest from the bridge, as classified by the NC Soil Conservation Service. Approximate elevations on the site range between 0 feet and 10 feet above Normal Iligh Water (NHW). No evidence of SAV beds was noted. The North Carolina Division of Water Quality classifies waters of Town Creek as C-SW at the project site. 'Town Creek is not classified as Primary Nursery Area, as designated by the North Carolina Division of Marine Fisheries, at this site. The project area is within LAMA Areas of Environmental Concern and is designated as Rural and Conservation by the Brunswick County Land Use Plan. The proposal is to replace the existing 300-foot long by 27-foot wide timber, steel and concrete bridge with a 300-toot long by 36-toot wide cored slab concrete bridge on the existing alignment. The proposed bridge would have a vertical clearance ±_ 2 feet greater than the existing bridge (approximately 8 feet). The bridge is being widened from 27 feet to 36 feet to more c lonely correspond to the 12 foot paved travel lanes and 8 foot grassed shoulders of NC 133. At each end bent, a work platform approximately 39-feet wide by 60-feet long will be installed from high- ground, upland of the end bent, towards the first bent water-ward of the end bent. An additional 20-foot wide work platform will he installed in the northwest quadrant from the high -ground behind the north end bent to approximately 20 feet into the water o1'Town Creek. NC DOT Best Management Practices would he used for Bridge Demolition and Design Standards for Sensitive Watersheds would be used for Erosion control. NC DOT has committed to no in -water work from February 1 through June 15 of each year, due to the Shorhx>se Sturgeon and anadromous fish moratoriums. FIELD INVESTIGATION REPORT NC DOT - B-3115, Bridge No. 61 over Town Creek, Brunswick Count~~ PAGE 3 10. ANTICIPATED IMPACTS: As proposed, the constn~ction of the bridge approaches with 3:1 slopes would require the tilling of approximately 0.10 acres of 404 type wetlands and approximately 2 acres of impacts to high ground. To allow room for installation of erosion control measures, approximately 0.07 acres (10 feet outside construction limits) of 404 type Wetlands would be disturbed adjacent to the road shoulders. Installation of the pilings for the three work platforms would temporarily fill less than 0.01 acres of 404 type wetlands and open water. The additional width of the bridge would cause approximately 2070 square feet of additional shading impacts to Public Trust Waters AEC. A minimal disturbance of the creek bottom is expected when driving the pre-stressed concrete piles for the 4 bents in the stream. _ NC DOT has reduced the fill in wetlands that would have occurred in raising the c auseway and widening the bridge by using 3: l approach shoulder slopes. NC DOT has committed to dropping no materials from the bridge demolition in the water and to using top down construction and an off-site detour to minimize impacts. Due to the presence of Shortnose Sturgeon and anadromous fish in Town Creek, NC DOT has committed to an in-water work moratorium from February 1 to June 15. The NC DOT has proposed to use Design Standards for Sensitive Watersheds BMP's to minimize the impacts of erosion. NC DOT would be impacting approximately 0.17 acres of 404 type wetlands caused by the permanent bridge in this proposal and requests to debit the EEP to offset these impacts. No mitigation is proposed for the < 0.01 acres of temporary impacts that may he caused during the installation of the work platform pilings. The collective disturbance area for the project is 2.5 acres. Bill Arrington April 5, 2004 Morehead City ~~~d~ z~,~ ~-~' 3 ~ ~, .~~~. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY March 12, 2004 N.C. Department of Environment and Natural Resources Division of Coastal Management 151-B Hwy 24 Hestron Plaza II Morehead City, NC 28557 Attention: Mr. Bill Arrington District Manager Dear Sir: Subject: Application for CAMA Major Development Permit for the proposed replacement of Bridge No. 61 on NC 133 over Town Creek in Brunswick County, NCDOT Division 3. Federal Project No. BRSTP-133(1), State Project No. 8.1231401, WBS Element: 32874.1.1, TIP No. B-3115 The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 61 over Town Creek on NC133. Bridge No. 61 will be replaced on the existing alignment with a new bridge approximately 300 feet in length and a with cleared roadway width of 32 feet. The approaches will include two 12 foot lanes with 8 foot shoulders. Permanent impacts to non coastal wetlands associated with the replacement of Bridge No. 61 will include 0.10 acre of permanent fill and 0.07 acre of mechanized clearing. The traffic will be detoured to NC 87 during bridge construction. Please find enclosed copies of the Coastal Area Management Act (CAMA) permit application (MP1 and MPS), Categorical Exclusion (CE), permit drawings, half size plans, a North Carolina Division of Water Quality Stormwater Exemption letter, Guidelines for Avoiding Impacts to the West Indian Manatee, an EEP Request Letter, green cards from the Adjacent Riparian Land Owners and a method of debiting $400 to be submitted to the DCM for processing the CAMA permit. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER TELEPHONE: 919-715-1$00 FAX: 919-715-1501 WEBSITE: WWW.NCDOT.ORG LOCATION: 2728 CAPITAL BLVD PLB SUITE 188 RALEIGH NC 27604 3 Schedule for Construction: construction of the proposed availability for the project. availability of August 25, 2004 It is assumed that the Contractor will begin temporary work bridge shortly after the date of The Let date is July 20, 2004 with a date of Restoration Plan: Following the construction of the temporary work bridge, the construction of the permanent bridge will be completed. Once the temporary work bridge is no longer needed, all material used in the construction of the temporary work bridge will be removed. The temporary impact area associated with the work bridge is expected to recover naturally. Restoration of the project area will take place immediately following project completion and prior to traffic flow to the new bridge. Removal and Disposal Plan: After the temporary work bridge is no longer needed, all temporary work bridge material will become the property of the contractor. The contractor will be required to submit a reclamation;plan for the removal and disposal of all work bridge material and demolished bridge material to an off-site upland location. Utility Relocation: There are four utility lines located at the project site. NCDOT's Utility- Right-of--Way (Unit 3) has provided relocation plans for two utilities (Bell South and AT&T). Preliminary relocation plans were also provided for Brunswick EMC and Time Warner. At this time our data indicate that there will be no CAMA or Section 404 jurisdictional resources impacted. If final plans result in 404 and/or CAMA impacts, NCDOT will apply for a Nationwide 12 Permit. PROTECTED SPECIES Threatened and Endangered Species: Plants and animals with federal classification of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of January 29, 2003, the U.S. Fish and Wildlife Service (USFWS) lists 14 federally protected species for Brunswick County. In August 1999 a survey for the federally protected species found that habitat does exist for the endangered woodstork (Mycteria americana), roughed-leaved loosestrife (Lysimachia asperulaefolia), Cooley's Meadowrue (Thalictrun cooleyi) and the threatened bald eagle (Halieetus leucocephalus) species. Currently these species receive biological conclusions of "Unresolved". However, another survey will be conducted for each of these species in May of 2004, prior to construction. Biological conclusions of "No Effect" for each of the remaining species are valid and are presented in the attached CE. • West Indian Manatee: The U.S. Fish and Wildlife Service has developed a list of "Precautions for the general construction in areas which may be used by the Section 404 compensatory mitigation requirements for NCDOT projects that are listed in Exhibit 1 of the subject MOA during the Ecological Enhancement Program (EEP) transition period which ends on July 1, 2005. Since the subject project is listed in Exhibit 1 the necessary compensatory mitigation to offset unavoidable impacts to waters that are jurisdictional under the federal Clean Water Act will be provided by the EEP (see attached letter to EEP). The offsetting mitigation will derive from an inventory of assets already in existence within the same Ecoregion and the same 8-digit cataloguing unit. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible as described above. The remaining, unavoidable impacts to 0.17 acre of jurisdictional wetlands will be offset by compensatory mitigation provided by the EEP program. REGULATORY APPROVALS NCDOT requests that the proposed work be authorized under a Coastal Area Iv~anagement Act Major Development Permit. NCDOT will also be applying for issuance of ~ United States Army Corps of Engineers NWP 23 and NWP 33 and a section 401 Water Quality Certification from the North Carolina Division of Water Quality under a separate cover. Thank you for your assistance with this project. If you have any questions or need additional information please call Carla Dagnino at (919) 715-1456. Sincerely ~_-- Gregory J. Thorpe, Ph.D Environmental Management Director, PDEA cc: Ms. Cathy Brittingham, NCDCM Mr. Bill Biddlecomb, USACE, Washington Mr. Travis Wilson, NCWRC Mr. Ron Sechler, NMFS Mr. Mike Street, NCDMF Mr. Omar Sultan, Programming and TIP Mr. Greg Perfetti, P.E., Structure Design Mr. H. Allen Pope, PE; Division 3 Engineer Mr. Dave Timpy, USACE, Wilmington Mr. John Hennessy, DWQ, Raleigh Mr. Gary Jordan, USFWS Mr. Art McMillan, P.E., Highway Design Mr. Jay Bennett, P.E., Roadway Design Mr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Mason Herndon, DIV 3 DEO Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 2.5 acres b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL. 0 = 10 feet d. Soil type(s) and texture(s) of tract Chowan silt loam (ch); Baymeade Fine Sand ~BaB) e. Vegetation on tract: Tidal FreshwaterBrackish Marsh; Bottomland Hardwood Forest; Upland Pine Forest f. Man-made features now on tract existing bride, roadway, and utilities g. What is the CAMA Land Use Plan land classification of the Site? (Consult the focal land use plan.) Conservation Transitional Developed Community X Rural Other h. How is the tract zoned by local government? Zoned for some commercial, some residential, see Tax maQ#86 i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, ijapplicable) j. Has a professional archaeological assessment been done for the tract? Yes X No -f yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes _ No Coastal (marsh) X Other X If yes, has a delineation been conducted? YES (Attach documentation, if available) m. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial efFluent, "wash down" and residential discharges.) surface runoff o. Describe existing drinking water supply source. N/A 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) o other instrument under which the applicant claims titl to the affected properties. If the applicant is nc claiming to be the owner of said property, then forwar a copy of the deed or other instrument under which th owner claims title, plus written permission from th owner to carry out the project. • An accurate, dated work plat (including plan vies and cross-sectional drawings) drawn to scale in blac ink on an 8 1/2" by 11" white paper. (Refer to Coast. Resources Commission Rule 7J.0203 for a detaile description.) Please note that original drawings are preferred ar only high quality copies will be accepted. Blue-lir prints or other larger plats are acceptable only if adequate number of quality copies are provided I applicant. (Contact the U.S. Army Corps of Enginee regarding that agency's use of larger drawings.) A si or location map is a part of plat requirements and must be sufficiently detailed to guide agency personn unfamiliar with the area to the site. Include highway secondary road (SR) numbers, landmarks, and the like Form DCM-MP-_5 BRIDGES AND CULVERTS Attach this form to Joint Application for LAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. BRIDGES a. Public X Private g. Length of proposed bridge 300 ft h. Width of proposed bridge 36 ft i. Height of proposed bridge 8bove wetlands 10 ft b. Type of bridge (construction material) concrete -cored slab c. Water body to be crossed by bridge Town Creek d. Water depth at the proposed crossing at ML,W or NWL 30 Feet e. Will proposed bridge replace an existing bridge? X Yes No Ifyes, (1) Length of existing bridge 300 ft (2) Width of existing bridge 24.0 ft (3) Navigation clearance underneath existing bridge 6.0 ft (4) Will all, or a part of, the existing bridge be removed? (Explain) all of the existing bridge will be removed. f. Will proposed bridge replace an existing culvert(s)? Yes X No Ifyes, (1) Length of existing culvert N/A (2) Width of existing culvert N/A (3) Height of the top of the existing culvert above the MHW or NWL N/A (4) Will all, or a part of, the existing culvert be removed? (Explain) N/A j. Will the proposed bridge affect existing water tlow? X Yes No Ifyes, explain The low chord on the proposed bridge is 2 ft +/- higher than that of the existing structure. Therefore there is more flow area under the bride k. Navigation clearance underneath proposed bridge 8,0_ f_t____ Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? X Yes _No Ifyes, explain The low chord on the proposed bridge is 2 ft +/-higher than that of the existing structure. Therefore there is more area to navigate under the bridge m. Will the proposed bridge cross wetlands containing no navigable waters? Yes X No if yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? Yes X No Ifyes, please provide record of their action. Revised 03/95 Form DCM-Ml'-5 (6) Does the disposal area include any area below the MtIW orNWL? Yes X No If yes, give dimension if different from No. 2 above. e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? _ Yes X No ' Ifyes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill f. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: _ Coastal Wetlands _ SAVs X Other Wetlands Ifyes, (1) Length of area to be filled 320 ft (2) Width of area to be filled 15 ft (avg.) _ (3) Purpose of fill roadway embankment g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? X Yes No Ifyes, (1) Length of area to be filled 930 ft +/- (2) Width of area to be filled 70 ft +/- (3) Purpose of fill roadway embankment 4. GENERAL a. Will the proposed project involve any mitigation? X Yes No Ifyes, explain in detail For 0.17 acres impact in wetland b. Will the proposed project require the relocation of any existing utility lines? Yes No Ifyes, explain in detail d. Will the proposed project require any work channels? Yes X No Ifyes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? Design Standards for Sensitive Watersheds will be used. f. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? Standard bride and roadway construction equipment. g. Will wetlands be crossed tin transporting equipment to project site? X Yes No If yes, explain steps that will be taken to lessen environmental impacts. Work bridges will be used to minimize impacts h. Will the placement of the proposed bridge or culven require any shoreline stabilization? Yes X No Ifyes, explain in detail A plicant or Project Name ~ ~ Signat-ur~ zj5 ~ b`~ Date c. Will the proposed project require the construction of any temporary detour structures? Yes X No Ifyes, explain in detail Revised 03/95 } The project is located in the Southern Outer Coastal Plain in Brunswick County in the Cape Fear River basin in Hydrological Cataloguing Unit 03030005. The wetland impacts, summarized in Table 1, totals 0.17 acre ofnon-riverine bottomland wetlands. We propose to provide compensatory mitigation for the wetland impacts by using the EEP for the 0.17 acres of impacts. ' Table 1: Summ of Jurisdictional Im acts Section Permanent Wetlands ac Streams ft Riverine Non riverine R/W 13+70-L- To 16 + 70-L- 0.17 Please send the letter of confirmation to Dave Timpy (USAGE Coordinator) at U. S. Army Corps of Engineers Division 3 Regulatory Field Office, (P.O. Box 1890, Wilmington, NC 28402-1890). Mr. Timpy's FAX number is (910) 251-4025. The current let date fbr the project is July 20, 2004 for which the let review date is (June 1, 2004). In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ (North Carolina Division of Water Quality) requires a formal letter from EEP indicating their willingness and ability to provide the mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of NCDWQ, with copies submitted to NCDOT. If you have any questions or need additional information please call Carla Dagnino at (919) 715-1456 Sincerely, ~~ ~~~ Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development & Environmental Analysis Branch cc: Ms. Cathy Brittingham, NCDCM Mr. John Hennessy, DWQ, Raleigh Mr. Gary Jordan, USFWS Mr. Mike Street, NCDMF Mr. Omar Sultan, Programming and TIP Mr. David Chang, P.E. ,Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Mason Herndon, DIV 3 DEO Mr. Dave Timpy, USAGE, Wilmington Mr. Travis Wilson, NCWRC Mr. Ron Sechler, NMFS Mr. Jay Bennett, P.E., Roadway Design Mr. Art McMillan, P.E., Highway Design Mr. Greg Perfetti, P.E., Structure Design Mr. H. Allen Pope, PE; Division 3 Engineer ~~~~ ~~~ O O ~OQ+ .~ = O r..-- - „ ~~ ~~ J ~--~ n- W > O O O m~ N '- j .J p I J F-- ~ U I ~o~ ~ N ~ ~ . ~ ~ 00~ ~ ~ ~-- a v, NW ~ 1 p = O ~ ~ ~ ~ ~c ~ + ~ ` ' ~ W z ~ ~ 1 i O r p O 1 1 O ~ 1 tl. ~~I ` ~ ~n a I W ~ ~-- O , , I ,~ \~ a~ °~ I ,~ I - ~ ~ I I I i \ ~ I ~~ I I ~ o I - -- -~ - o iii ~ ~ r I I I ~~I \ ~ I I !II -~-o----- I ---- ------ \ I ~I ry I III o I ml °~ ~ .~~ I ~;-,---- Ilr-- _ O ---- -- I I I ~~ o ~ I I I ~' ~` 0 ~ : i , --- Il -- -~ i w ~ I I I I I W. i I .. I of ~ ~~ I ~ I l r ~ ~-.''7 O O M I Q O m a p tD w .r, ~ v 0 O N v i p J ~p O ~ ~o N _ ~ O Ln ~ Z N . ~ ~ ~ Q W In W F-- J ~G N W Ln N o o "' o~o~ N-~.0~ + N N p LI') u n t J (~ ~ W l w 0 a C.7 W N O d. O O ~-- III .. I III ,~ I I I~ I p a C~ I z 1- x W N 2~ -~~ ~~i N ~ JAI U tY ~ I I I O I O 1 O N O O + ~' O A~ t-`i ~~~~~~~ 11 ®~l~l ~~~ NAMES AND ADDRESSES PARCEL NO. NAMES ADDRESSES 2 ~ ~ T. F. HOLDINGS 1202 EASTWOOD RD. WILMINGTON, NC 28~d03 1 ~,~ TOWN CREEg P.O. BOX 4886 TIMBER COMPANY WILMINGTON, NC 2806 3 ~' DAVID R. HARLESS 2765 RIVER RD. SE WINNABOW, NC 28(79 ~ J. CLARg HIPP 50~ DOCg ST. WILMINGTON, NC 38~(Ol t ~ ~ W.C. WARWICS,, III 9165 RIVER OAg5 LANE SE WINNABOW, NC 2879 ,~,'' ,. ~tau~~j ~yyD`y~~'(`~~ S7.A~,C~.r'Y~~ `:'1.'ft~''~".~tl.{ J z i i ~ ~ I O m E o rn ~ ~' I i I F" ~ ~ 1 Z fn ~ ~~ W ~ "~ N ri a¢ F~ ~ ~ ~ x ~ ; I ~ z ~~~ ^ - ~ o d C7 ." o ~ c m w a m o..~ I U R: '~ O F x U w U E I x~ C ~. U~ .' a Op ~ = I , ~,z 3m ~ ~ Q a~ ~ o ~I ° zo o ~~ ~U ~~- v ~~ ~ W ~ ~O () ~ Q F ~ ~ ~ ~ ~ cn ~ ~ o o m I o O U .a ' z LL ~ j ~ j O O O p Z V Il ~.. Q .~~` C C 'C ~ p ^ ~ O ~ L d .'C.. ~ ` O p O ~ ~U~ N ~ w ~ U ~ v o c D F=- Z O ~ ~ U > ~ ~ ~ Q w w _ ~ a ~ ~ v ? o ~ ~ - U ~ ~ 0 ~ ~ z a ~ w Q LL N av~ ° ~ Q ~~ 5 ~ d ~ v ° ~ W ~_ ~a W ~' O - ~ a ~ c ~ _ ~o ~ o o '- w N _ ? O u. LL } W Q d' a O w a W ~, w ~ H w f- ~ ~ Q ~ fl [ m ¢ (~ ~ m Q N Y ~ '' ~ z O g W ~ Q w ~ ~ ~ ' ~ w _ O I ? U ~ C ~ ~ ~ ~ J - O ~ LL 11 ~ ~ } ~ :~ O O^ + N ~ W N ~ M ~ ? ~ H J ~ ~ J LL O J Q W ~ ~ W ~z ~ J z z -a - Brunswick County Bridge No. 61 on NC 133 Over Town Creek Federal Project BRSTP-133 (1) State Project 8.1231401 TIP No. B-3115 CATEGORICAL EXCLUSION U. S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N. C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: ~ t G L ~ ~- Date Robert P. Hanson, P. E., Assistant Manager Project Development and Environmental Analysis Branch _ , Date ~icholas Graf, P. E. Dwtston Admmtstrator, FHWA Brunswick County Bridge No. 6 ] on NC 133 Over Town Creek Federal Project BRSTP-133 (1) State Project 8.1231401 TIP No. B-31 15 CATEGORICAL EXCLUSION Documentation Prepared in Project Development and Environmental Analysis Branch By: ~1 ~ o~ - ~-n ~U~- a e Beverly G. R son Project Development Engineer ~/i/oz ~- Date J mes A. McInnis Jr., P.E. Project Development, Unit Head . ~l Z Q 2 Dat Robert P. Hanson, P. E., Assistant Manager Project Development and Environmental Analysis Branch ~~ ~ ~ CAROB( j"''•,•. '~~ f~~ESS1pNq'~ ~'• ~a~ g~a1. l~ ' 2C7t~1 .~ ~~ • ~ ~~ h'G'I NE .•••c~• '•. A. M 1N ~.l.oZ TABLE OF CONTENTS PROJECT COMMITMENTS I. SUMMARY OF RECOMMENDATIONS ................................................... 1 II. HISTORY OF PROPOSED PROJECT ......................................................... 2 III. ANTICIPATED DESIGN EXCEPTIONS .................................................... 2 IV. EXISTING CONDITIONS ... ... . 2 . ... ................................................................. V. STUDIED ALTERNATIVES ........................................................................ 3 VI. RECOMMENDED IMPROVEMENTS ........................................................ 4 VII. ENVIRONMENTAL EFFECTS ............ .. 4 .. ................................................... A. General Project Information ............................................................... 4 B. Air and Noise ..................................................................................... 5 C. Land Use & Farmland Effects ............................................................ 5 D. Historical Effects & Archaeological Effects ...................................... 6 E. Natural Resources .............................................................................. 6 1. Soils ....................................................................................... 6 2. Water Resources .................................................................... 6 a. Best Usage Classification ........................................... 7 ,~ b. Stream Characteristics ............................................... 7 c. Water Quality ............................................................. 7 d. Benthic Macroinvertebrate Ambient Network........... 8 e. Summary of Anticipated Impacts ............................... 8 3. Biotic Resources .................................................................... 9 a. Terrestrial Communities ............................................ 9 b. Aquatic Community ................................................... 1 ] 4. Wildlife .................................................................................. i 1 a. Terrestrial Impacts ..................................................... 11 b. Aquatic Impacts ......................................................... 12 5. Jurisdictional Topics .............................................................. 12 a. Waters of the United States ........................................ 12 b. Characteristics of Wetlands and Surface Waters ....... 13 c. Permits ....................................................................... 13 d. Avoidance, Minimization, Mitigation ........................ 14 6. Bridge Demolition ................................................................. 14 7. Rare and Protected Species .................................................... 14 a. Federally-Protected Species ....................................... 14 b. Federal Species of Concern and State Listed Species 23 VIII. COMMENTS, COORDINATION AND PUBLIC INVOLVEMENT.......... 25 IX. CONCLUSION .............................................................................................. 26 TABLES Table 1 Estimated Impacts to Terrestrial Communities .................................. 12 Table 2 Federally Protected Species for Brunswick County ........................... I S Table 3 Federal Species of Concern for Brunswick County ........................... 24 FIGURES Figure 1 Vicinity Map Figure 2 Aerial Mosaic Figure 3 Snapshots of Bridge Figure 4 Proposed Detour Route APPENDIX PROJECT COMMITMENTS ~ ~ - ~ _ r; ~ ~ , TIP PROJECT B-3115, Brunswick County Bridge No. 61, on NC 133 Over Town Creek Federal Aid Project BRSTP-133(1) State Project 8.1231401 1. Structure Design Unit, Division 3: Bridge Demolition: Bridge No. 61 is 300 feet (91.4 meters) long and 26.4 feet (8.04 meters) wide. It has a reinforced concrete deck on steel I-beams with concrete caps on timber piles. Thus, there is a potential for components of the bridge to be dropped into Waters of the United States during construction. The resulting temporary fill associated with the bridge will be as much as approximately 158.9 cubic yards. This calculation was based on the entire length of the bridge extending over surface waters as well as jurisdictional wetlands. All deposited components will be removed from the Waters of the U.S. as quickly as possible. During construction, Best Management Practices for Bridge Demolition and Removal will be followed. To ensure the project will not adversely affect the endangered shortnose sturgeon, explosives will not be used in the bridge demolition. 2. Hydraulics Unit, Structure Design Unit, Division 3: Stream Crossing Guidelines: NCDOT's "Stream Crossing Guidelines. for Anadromous Fish Passage" will be followed in the design & construction phases. 3. Division 3: `1 Construction Moratorium: There will be no in-water or in-marsh activity from Febnruary 1 through June 15. This is considered the in-migration, spawning, and out- migration period for the endangered shortnose sturgeon and another anadromous fish. All measures should be taken to prevent sedimentation in Town Creek during ' construction. The U.S. Fish and Wildlife Service has developed a list of "Precautions for the general construction in areas which may be used by the West Indian manatee in North. Carolina." These precautions will be considered in all aspects of project construction; therefore, this project will not affect the West Indian manatee. NCDOT has agreed to delay closing NC 133 until after Labor Day. Categorical Exclusion Page 1 of 2 June 2002 4. Roadside Environmental Unit: Design Standazds in Sensitive Watersheds: To ensure the project will not adversely affect the endangered shortnose sturgeon, Design Standards for Sensitive Watersheds (formerly High Quality Water Guidelines) will be used. 5. Roadway Design Unit: Fill slope in wetland areas: To minimize wetland impacts and provide for slope stability, the maximum fill slope of 3:1 will be used in wetland areas. 6. Project Development and Environmental Analysis Branch, Division 3: 1) NCDOT will investigate whether any necessary improvements aze needed for NC 87 to be used as a detour route, including the need for additional traffic signals and resurfacing. 2) NCDOT will provide Cazolina Power and Light Company and Brunswick County Emergency Management Officials with an estimate of the amount of time the closure of NC 133 will add to evacuation times for the Brunswick Nuclear Plant. 3) In response to local government requests, NCDOT will provide further public notification regarding this bridge replacement, road closure and detour route. This will be coordinated with Brunswick County Emergency Management. .~ Categorical Exclusion Page 2 of 2 June 2002 Brunswick County Bridge No. 61 on NC 133 Over Town Creek Federal Project BRSTP-133 (1) State Project 8.1231401 TIP No. B-3115 Bridge No. 61 carries NC 133 over Town Creek in Brunswick County. TIP Project B-3115 proposes to replace this bridge, and is programmed in the Draft 2004- 2010Transportation Improvement Program (TIP) as a bridge replacement project. NC 87 will be used as a detour route during the replacement of Bridge No. 61 and will be patched and resurfaced as a part of this project. This project is part of the Federal Highway Bridge Replacement and Rehabilitation Program (HBRRP) and has been classified as a "Categorical Exclusion". No substantial environmental impacts are expected. I. SUMMARY OF RECOMMENDATIONS Bridge No. 61 will be replaced in its existing location on NC 133 over Town Creek (see Figure 2). The new bridge will be approximately 300 feet (91 meters) in length and placed at approximately the same elevation as the existing bridge. Traffic will be detoured onto NC 87 (See Figure 4). The proposed bridge will have a clear roadway width of 32 feet (9.6 meters), which will provide two 12-foot (3.6-meter) lanes with 4-foot (1.2-meter) offsets. The approaches will include two 12-foot (3.6-meter) lanes and 8-foot (2.4 meter) shoulders with 4-foot (1.2 meter) full depth paved shoulders. Based on preliminary design, the design speed should be approximately 60 mph (100 km/h). NC 87 will be used as the detour route during the replacement of Bridge No. 61. NC 87 will be patched and resurfaced from the southern city limits of Boiling Spring Lakes to the northern city limits of Boiling Spring Lakes. The proposed project is included in the Draft 2004-2010 Transportation Improvement Program (TIP). The current schedule includes right of way acquisition in July 2003 and construction in July 2004. The estimated cost of the project is $1,905,000 including $1,400,000 in construction costs, $5,000 in right of way costs and $500,000 for patching and resurfacing NC 87. The estimated cost shown in the Draft 2004-2010 TIP is $1,935,000 which includes $235,000 for right of way acquisition and $1,700,000 for construction. II. HISTORY OF PROPOSED PROJECT A Categorical Exclusion was approved for this project on May 23, 2000 by NCDOT and the Federal Highway Administration. In the approved Categorical Exclusion, the recommended alternative would replace Bridge No. 61 on new location west of the existing bridge. The existing bridge would be utilized as a detour structure. After further investigation, it was determined the proposed horizontal alignment would be worse than the existing horizontal alignment. It was determined replacing the bridge on existing alignment with an offsite detour would be the best alternative for this project and reduce the project cost. Because this alternative was not discussed in the May 2000 categorical exclusion, this new document has been prepared. A second bridge project is located along NC 133 in the area. TIP Project B-3116 will replace Bridge Number 56 carrying NC 133 over Allen Creek. This bridge is located approximately 4.5 miles (7.24 kilometers) south of Bridge Number 61. NC 133 will be closed and NC 87 used as a detour for this project also. Right of way acquisition for Project B-3116 is scheduled for federal fiscal year 2002 and construction is scheduled for federal fiscal year 2003. III. ANTICIPATED DESIGN EXCEPTIONS NCDOT does not anticipate any design exceptions will be required. IV. EXISTING CONDITIONS NC 133 is classified as a Rural Major Collector in the Statewide Functional Classification System. Currently (2001) the traffic volume is 12,000 vehicles per day (VPD). By the year 2025, the traffic volume is projected to increase to 25,000 vpd. Single unit trucks and tractor-trailers make up three percent and two percent of these volumes, respectively. NC 133 has a speed limit of 55 miles per hour. The existing bridge was built in 1955. It has a reinforced concrete deck on steel I-beams and the substructure is concrete caps on timber piles. The deck is 300 feet (91 meters) long and 26 feet (7.8 meters) wide. There is approximately 26 feet (7.8 meters) of vertical clearance between the floorbeams of the bridge deck and the streambed. There are two lanes of traffic on the bridge. Presently the bridge is posted with weight restrictions of 35 tons (31751.5 kilograms) for single vehicles and the legal load limit for truck-tractor semi-trailers. The sufficiency rating is 27.9. This structure is functionally obsolete and the substructure is becoming structurally deficient. Vertical alignment is good with a slight upgrade on the north side of the bridge. There is a slight curve in the horizontal alignment, which begins approximately 150 feet (45.7 meters) from the north end of the bridge. The approach pavement width is 19 feet (5.8 meters) with acceptable width grass shoulders. The Traffic Engineering Branch indicates l4 accidents were reported between April 1998 through March 2001 from SR 1518 (Daws Creek Road) to SR 1555 (Mellaney Lane). Four school buses cross over the studied bridge with 2 trips per day. Utility conflicts will be low for this project. There are underground phone cables on both sides of NC 133 going aerial across the creek. There is also a fiber optic cable underground along the east side of NC 133. Also along the east side of NC 133, there are overhead power lines that cross over to the west side just south of the bridge. V. STUDIED ALTERNATIVES The four "build" options considered for this project are as follows: Alternate 1) Replace Bridge No. 61 in place with a temporary detour bridge located to the west during construction. The estimated cost for Alternate 1 is $2,110,000 to include $1,875,000 for construction and $235,000 for right of way acquisition. Alternate 2) Replace bridge No. 61 on new alignment to the west of the existing bridge. Traffic will be maintained on the existing bridge during construction. The estimated cost for Alternate 2 is $1,935,000 to include $1,700,000 for construction and $235,000 for right of way acquisition. Alternate 3) (Recommended) Replace Bridge No. 61 in place with a new bridge. Traffic will be detoured onto NC 87 during construction. The estimated cost for Alternate 3 is $1,405,000 to include $1,400,000 for construction and $5,000 for right of way acquisition. Alternate 4) Replace Bridge No. 61 on new alignment to the east of the existing bridge. Traffic will be maintained on the existing bridge during construction. The estimated cost for Alternate 4 is $3,425,000 to include $2,475,000 for construction and $950,000 for right of way acquisition. "Do-nothing" is not practical; requiring the eventual closing of the road as the existing bridge completely deteriorates. Rehabilitation of the existing deteriorating bridge is neither practical nor economical. 3 Alternates 1 and 3 both replace the existing structure in the same location with a bridge approximately 300 feet (91 meters) in length and maintain a design speed of 60 mph (100 km/h). Alternate 3 is recommended because there i~- no onsite detour. Although Alternate 2 offers the same benefits; but, this alignment would require an on- site detour. Alternate 4 would increase the impacts to the project area. The Division concurs in the recommendation. VI. RECOMMENDED IMPROVEMENTS Bridge No. 61 will be replaced as recommended in Alternate 3 with a new bridge in the same location. The new bridge will be approximately 300 feet (91 meters) in length and placed at approximately the same elevation as the existing bridge. Traffic will be detoured onto NC 87 during construction (See Figure 4). NC 87 will be patched and resurfaced from the southern city limits of Boiling Spring Lakes to the northern city limits of Boiling Spring Lakes as a part of this project (see Figure 5). The proposed bridge will have a clear roadway width of 32 feet (9.6 meters), which will provide two 12-foot (3.6 meter) lanes with 4-foot (1.2 meter) offsets. The approaches will include two 12-foot (3.6-meter) lanes and 8-foot (2.4-meter) shoulders with 4-foot (1.2-meter) full depth paved shoulders. Approach work will extend approximately 600 feet (180 meters) to either side of the new bridge. Based on preliminary design, the design speed should be approximately 60 mph (100 km/h). NC 133 will be closed during replacement of Bridge No. 61. VII. ENVIRONMENTAL EFFECTS A. GENERAL PROJECT INFORMATION This project is expected to have an overall positive impact. Replacement of an inadequate bridge will result in safer traffic operations. This project is considered to be a "Categorical Exclusion" due to its limited scope and insignificant environmental consequences. This bridge replacement will not have a substantial adverse effect on the quality of the human or natural environment with implementation of the environmental commitments listed in the project commitments section of this document and 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 this project. There are no known hazardous waste impacts. No significant adverse effects on families or communities are anticipated. Right- of-way acquisition will be very minimal. No significant adverse effect on public facilities or services is expected. The project is not expected to adversely affect social, economic, or religious opportunities in the area. Closing NC 133 to construct Bridge No. 61 will require 18.6 miles (29.9 kilometers) of additional travel for residents traveling from south of Bridge No. 61 to US 17. Road user cost for this additional travel will be approximately $300,000. Additional time will be required for school bus services and other public services. The public officials in charge of administering these services have been consulted and do not object to the recommended alternative. There are no publicly owned parks, recreational facilities, or wildlife and waterfowl refuges of national, state, or local significance in the vicinity of the project. This project will not impact any resource protected by Section 4(f) of the DOT act. The proposed bridge replacement project will not raise the existing flood levels or have any significant adverse effect on the existing floodplain. Utility impacts are considered to be low for the proposed project. B. AIR AND NOISE This project is an air quality "neutral" project, so it is not required to be included in the regional emissions analysis and a project level CO analysis is not required. The project is located in Brunswick County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR part 51 is not applicable, because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. The project will not substantially increase traffic volumes. Therefore, it will not have substantial impact on noise levels. Temporary noise increases may occur during construction. C. LAND USE & FARMLAND EFFECTS This project will impact no soils considered to be prime or important farmland. D. HISTORICAL EFFECTS & ARCHAEOLOGICAL EFFECTS Upon review of area photographs, aerial photographs, and cultural resources databases, the State Historic Preservation Office (SHPO) indicates they "are aware of no historic structures within the area of potential effect." Therefore, the SHPO recommended no historic architectural surveys be conducted (see appendix). The SHPO knows of no archaeological sites within the proposed project area. It is unlikely that any archaeological resources, which may be eligible for inclusion in the National Register of Historic Places, will be affected by the project construction. Therefore, the SHPO recommended that no archaeological investigations be conducted in connection with this project (see appendix). E. NATURAL RESOURCES Soils There are two soil types located in the project area. A brief description of each soil type is provided. Chowan silt loam (CHI is nearly level, poorly drained soil found on floodplains of the Cape Fear River and its tributaries. It has a surface layer of dark grayish-brown silt loam, underlain by grayish- brown silty clay loam. It has slow surface runoff, moderately slow permeability, and is flooded for six months of most years. The main limitations of this soil are wetness and flooding. The Capability Unit is VIIw. This soil is listed as hydric for Brunswick County. ,! ~ Bavmeade fine sand (BaBI is awell-drained soil found on low ridges and convex divides. The surface layer is dark gray fine sand, underlain with a light gray fine sand. Surface runoff is slow, permeability is moderately rapid, and the available water capacity is low. The seasonal high water table is four to five feet below the surface. The Capability Unit is IIIs. 2. Water Resources There is one water resource in the project study area. NC 133 crosses one perennial stream, Town Creek (also known as Rattlesnake Branch). a. Best Usage Classification Water resources located within the project study area lie in the Lower Cape Fear River, Coastal Watershed (Subbasin 03-06-17), and Hydrologic Unit 03030005 of the Cape Fear River Drainage Basin. Streams have been assigned a best usage classification by the Division of Water Quality (DWQ) which reflects water quality conditions and potential resource usage. Unnamed tributaries receive the same classification as the streams to which they flow. The classification for Town Creek [DEM Index No. 18-18, 9/1/74] is CSw. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. The Sw (Swamp Waters) subclassification is a supplemental classification intended to recognize those waters having naturally occurring low velocities, low pH, and low dissolved oxygen. Town Creek is also classified as an Anadromous Fish Stream. No waters classified as High Quality Waters (HQW), Water Supplies (WS-I or WS-II) or Outstanding Resource Waters (ORW) occur within 1.6 kilometers (1.0 mile) of the project study area. b. Stream Characteristics The headwaters of Town Creek are approximately 23.3 kilometers (14.5 miles) west-northwest of Bridge No. 61. The creek flows east southeastward under the project bridge and outfalls into the Cape Fear River approximately 3.1 kilometers (1.9 miles) east of the project study area. Town Creek, at NC 133, is approximately 80.0 feet (24.4 meter) wide and ranges in depth from 6.0 to 8.0 feet (1.8 to 2.4 meter). The substrate in the study area is most likely composed of organic muck. The creek is tidal, occasionally bringing brackish water into what would otherwise be a freshwater marsh. c. Water Quality Point sources refer to discharges that enter surface water through a pipe, ditch, or other defined points of discharge. 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. There are no NPDES sites located within 1.0 mile (1.6 kilometers) of the project study area. Non-point source refers to runoff that enters surface waters through stormwater flow or no defined point of discharge. Excluding road runoff, there were no identifiable non-point sources that could be observed during the site visit. Due to the potential of impacts from deck drains, every effort will be made not to discharge the bridge deck drains directly into the stream, if possible. d. Benthic Macroinvertebrate Ambient Network The DWQ has initiated a whole basin approach to water quality management for the 17 river basins within the state. To accomplish this goal the DWQ collects biological, chemical and physical data that can be used in basinwide assessment and planning. All basins are reassessed every 5 years. An assessment of water quality data indicates that the Lower Cape Fear River and Coastal Watershed generally has good to excellent water quality due largely to good tidal flushing (NCDEHNR 1995a). Prior to the implementation of the basinwide approach to water quality management, DWQ's Benthic Macroinvertebrate Ambient Network assessed water quality by sampling for Benthic macroinvertebrate organisms at fixed monitoring sites throughout the state. There are no BMAN sampling stations in the project vicinity (NCDEHNR 1995a). e. 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 used in revegetation, and pavement installation. Th~ 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 ground water 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. The short-nosed sturgeon may inhabit the project study area. Accordingly, Design Standards in Sensitive Watersheds (formerly High Quality Water Guidelines) will be enforced during the construction phase of the project. The project study area is located within the coastal plain and crosses a perennial stream. NCDOT Stream Crossing Guidelines for Anadromous Fish Passage (see Appendix) will be adhered to during the life of the project. To further insure water quality suitable for the shortnose sturgeon and other anadromous fish, a moratorium on in-stream work will be enforced from February 1 through June 15 All measures should be taken to prevent sedimentation in Town Creek during construction. 3. Biotic Resources Biotic resources include terrestrial and aquatic communities. Descriptions of the terrestrial systems are presented in the context of plant community classifications. Fauna observed during the site visit are denoted in the text with an asterisk (*). a. Terrestrial Communities `I Much of the flora and fauna described from biotic communities utilize resources from different communities, making boundaries between contiguous communities difficult to define. There are four communities located in the project area to the west of NC 133 (impact area). While not lying within the project area boundaries, the adjacent cypress-gum swamps are nevertheless noteworthy. The communities contained within the project area are discussed below. Tidal Freshwater/ Brackish Marsh Tidal freshwater (brackish influenced) marsh, oligohaline variant, is found to the north and south of Town Creek. This variant occurs in areas with slight salt influence. Salt levels may be higher during rare high tide events. Although these marshes form upstream of the mouth of the creek, they are still tidally influenced. Tidal flooding brings in nutrients derived from seawater and varying amounts of sediment to the community. Much of the tidal freshwater marsh community is unusual in appearing to have recently replaced tidal cypress-gum swamp. Numerous dead trees and some live trees remain in the marsh. It is uncertain what caused the shift. Possibilities include storm-driven salt-water intrusion or rising sea level. It is presumed to be a natural process. In contrast to brackish and saltwater marshes, tidal freshwater marshes are very diverse. The Town Creek site is dominated by common cattail, wax myrtle, black willow, Arrow arrum, and beakrush. Bottomland Hardwood Forest This community exists in what appears to bean old borrow pit, which originates from the southern edge of the marsh community and roughly parallels NC 133 to the southwest of the bridge. It was most likely formed when the road was constructed. It is approximately 30 feet (9.1 meters) wide and 5 feet (1.5 meters) deep. The soils here are composed of highly organic mucks and there is evidence of frequent flooding, presumably overflow from Town Creek. The overstory is dominated by bald cypress, swamp tupelo, red maple, and sweet gum. Dominant herbs and vine include: netted chain fern, arrow arum, catbrier, rush, royal fern, Virginia chain fern, and poison ivy. Upland Pine Forest This strip of woods borders the west side of the "borrow pit". Mature loblolly pine and sweet gum dominate this community. The understory consists primarily of red bay, water oak, southern magnolia, sassafras, and mockernut hickory. Other species present include muscadine, honeysuckle, wax myrtle, and poison ivy. Disturbed Roadside This upland community is located to the north and south of the marsh community on both sides of NC 133. It encompasses two types of habitats that have recently been or are currently impacted by human disturbance: maintained roadside shoulder and disturbed fringe. Because of mowing and the use of herbicides, this community is kept in a constant state of early succession. Roadside shoulder is a regularly maintained habitat that is kept in aloes-growing, early successional state. Herbs, grasses, and vines located here include: goldenrod, morning glory, pepper vine, ragweed, Japanese honeysuckle, common plantain, winged sumac, muscadine grape, and catbrier. Disturbed fringe is comprised of shrubs and sapling sized trees that exist in the roadside shoulder/ freshwater marsh ecotone. Species ~o observed here include: wax myrtle, red maple, sweet gum, and black will~~w. b. Aquatic Community The Natural Heritage Program lists the area east of Town Creek as a priority Aquatic Habitat and the area west of Town Creek as priority Tidal Wetlands. 4. 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 woodchuck, least shrew, southern short-tailed shrew, hispid cottonrat, eastern cottontail rabbits, ruby crowned kinglet, Carolina chickadee, bluebird, downy woodpecker and white-breasted nuthatch. The ground beetle and bessbug were also found in this community, feeding under logs. The adjacent cypress-gum swamp provides habitat for an assortment of birds and mammals. Birds often associated with swamp communities include red- winged blackbird, white-throated sparrow, song sparrow, and northern cardinal. Yellow-rumped warblers and common yellow throat may also be found in this community. Yellow warbler, red-eyed vireo, Carolina wren and mourning dove may also frequent this area. Mammals that may frequent the swamp community include white-footed mouse and raccoon. In addition, white-tailed deer* and gray squirrel may also forage in or near this community. Amphibians and reptiles are likely to be locally abundant in the riparian edge. Spring peeper* and northern cricket frog* breed in semi- permanent pools during the spring. Rat snake, worm snake, ring-necked snake and queen snake may be found here as well. The box turtle may also be found in the swamp community. a. TerrestrialImpacts Impacts to terrestrial communities will result from project construction. Table 1 summarizes potential losses to these communities resulting from project construction. Estimated impacts are derived based on a project length of 1,000 feet (304.8 meters), and the entire proposed right of way width of 60 feet (18.3 meters). However, project construction often does not require the entire right-of--way; therefore, actual impacts may be less. Table 1. Estimated Impacts to Terrestrial Communities. Impacted Area ac (ha) Alternate 1 Alternate 2 Alternate 3 Alternate 4 Communi ty Existing Location Permanent Existing Permanent TemPo~Y Realignment Location Realignment detour West Road Closure East Tidal Freshwater Marsh 0.16ac/o./2 ac 0.16 ac 0.16 ac 0.90 ac (wetland) (0.07 ha)(o.os ha) (0.07 ha) (0.07 ha) (0.36 ha) Bottomland Hardwood Forest 0.12ac/o.1 o ac 0.12 ac 0.12 ac 0.25 ac (wetland) (0.05 ha)(o.o4 ha) (0.05 ha) (0.05 ha) (0.10 ha) Pine Forest 0.29 ac/o.21 ac 0.29 ac 0.29 ac 0.29 ac (upland) (0.12 ha)(o.o9 ha) (0.12 ha) (0.12 ha) (0.12 ha) Disturbed Roadside 1.12 ac/o.83 ac 1.12 ac 1.12 ac 1.12 ac (upland) (0.44 ha)/(o.33 ha) (0.44 ha) (0.44 ha) (0.44 ha) Total Impacts 1.69 ac/1.26 ac 1.69 ac 1.69 ac 2.56 ac (0.68 ha)(o.S1 ha) (0.68 ha) (0.68 ha) (1.02 ha) Note: Detour impacts are based on a right of way width of 80 feet ( 24.4 meters). Temporary detour impacts are shown in italics. b. Aquatic Impacts Impacts to the aquatic community of Town Creek will result from the replacement of Bridge No. 61. 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. • ~ Inhibition of plant growth. • Algal blooms resulting from increased nutrient concentrations. • Loss of benthic macroinvertebrates through scouring resulting from an increased sediment load. 5. Jurisdictional Topics a. 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 Regulations (CFR) Part 328.3. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). 12 b. Characteristics of Wetlands and Surface Waters There are wetlands in the project area in the form of tidal freshwater marshes. Vegetation includes common cattail, wax myrtle, Arrow arrum, and beakrush. Permanent and temporary impacts are as follows: Alternate 1 -Permanent wetland impacts for the replacement of the bridge on the same alignment are approximately 0.28 acres (0.12 hectares). Temporary impacts for the construction of a temporary detour to the west of the existing bridge are 0.22 acres (0.09 hectares). Alternate 2 -Permanent wetland impacts for the replacement of the bridge to the west of the existing bridge with a new bridge are approximately 0.28 acres (0.12 hectares). Alternate 3 -Permanent wetland impacts for the replacement of the bridge on the same alignment are approximately 0.28 acres (0.12 hectares). Alternate 4 -Permanent wetland impacts for the replacement of the bridge to the east of the existing bridge with a new bridge are approximately 1.15 acres (0.46 hectares). There will be no impacts to jurisdictional surface waters because the new bridge will span the entire width of Town Creek. c. Permits The subject project is located within a county that is under the jurisdiction of Coastal Area Management Act (CAMA). CAMA is administered by the N. C. Division of Coastal Management (NCDCM). CAMA directs the Coastal Resources Commission (CRC) to identify and designate Areas of Environmental Concern (AEC) in which uncontrolled development might cause irreversible damage to property, public health and natural environment. A CAMA permit from the NCDCM is required if the project meets all of the following conditions: a) Located in one of the twenty counties covered by CAMA; b) Located in or affects an AEC designated by the CRC; c) Considered to be "development" under CAMA; and, d) Not qualify for an exemption as identified by CAMA or the CRC. 13 The project fulfills all of the above statements. More specifically, the project will require a CAMA major development permit. This project will also require a 401 Water Quality Certification from the DWQ prior to the issuance of the Section 404 Nationwide Permit. The issuance of a 401 permit from the DWQ is a prerequisite to issuance of a Section 404 permit or LAMA permit. The FHWA has determined a US Coast Guard permit will not be required for construction of this project. d. Avoidance, Minimization, Mitigation Specific avoidance and minimization measures for this project include: using a maximum slope of 3:1, and replacing the existing bridge in its current location with an off-site detour. Final design will reveal final impacts. However, final permit/mitigation decisions rest on the Corps of Engineers. 6. Bridge Demolition Bridge No. 61 is 300 feet (91 meters) long and 26.4 feet (8.04 meters) wide. It has a reinforced concrete deck on steel I-beams with concrete caps on timber piles. There is potential for some components of the bridge to be dropped into Waters of the U.S. during construction. The resulting temporary fill associated with the reinforced concrete floor would be a maximum of 158.9 cubic yards (121.5 cubic meters). This calculation was based on the entire length of the bridge extending over surface waters as well as jurisdictional wetlands. All deposited components will be removed from the Waters of the U.S. as quickly as possible. , Bridge removal for this project is classified as Case 2 for bridge removal which allows no work at all in water through a moratorium period of February 1 through June 15. 7. Rare and Protected Species a. Federally-Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of March 7, 2002, the US Fish and Wildlife Service (FWS) lists fifteen federally protected species for Brunswick County. Biological Conclusions of "No Effect" 14 were found for all federally protected species, except the shortnose sturgeon. Although no populations of this species have been reported from the project vicinity, favorable habitat does exist for this species. Based on concurrence of the National Marine Fisheries Service, a biological conclusion of "Not Likely to Adversely Affect" has been determined for the shortnose sturgeon. A review of the NHP database of rare species and unique habitats shows two occurrences of federally protected species in the project study area. The American alligator and the red-cockaded woodpecker (last observed in 1973) have been observed within 1 mile (1.6 kilometer) of the project area. Table 2. Federally Protected Species for Brunswick County. Common Name. - ;: ' ~, .:'Scientific Name ~ Status° ` shortnose Sturgeon Acipenser brevirostrum Endangered American Alligator Loggerhead Sea Turtle Piping Plover Greet Sea Turtle Leatherback Sea Turtle Eastern Cougar Alligator mississippiensis Caretta caretta Charadrius melodus Chelonia mydas Dermochelys coriacea Fells concolor couguar Halieetus leucocephalus Lepidochelys kempii Mvcteria americans Picoides borealis Trichechus manatus Amaranthus pumilus Threatened, due to similarity of appearance Threatened Threatened Bald Eagle Kemp's Ridley Sea Turtle Wood Stork Red-Cockaded Woodpecker West Indian Manatee Seabeach Amaranth Threatened Endangered Endangered Threatened Endangered Endangered Endangered Endangered Threatened Rough-Leaved Loosestrife Lysimachia asperulaefolia Endangered Cooley's Meadowrue Thalictrum cooleyi 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. Descriptions of Federally Protected Species found in Brunswick County, NC Name: Shortnose sturgeon Endangered BIOLOGICAL CONCLUSION: NOT LIKELY TO ADVERSELY AFFECT The short-nosed sturgeon is a small (1 meter in length) species offish that occurs in the lower sections of large rivers and in coastal marine habitats from the St. John River, Canada to the Indian River, Florida. It can be differentiated from the Atlantic 15 sturgeon because of its shorter snout, wider mouth, and the pattern of its preanal shields (the short-nose having one row and the Atlantic that has two). The short-nosed sturgeon prefers deep channels with salinity less than seawater. It feeds benthicly on invertebrates and plant material and is most active at night. It is an anadrornous species that spawns upstream in the spring and spends most of its life within close proximity of the rivers mouth. At least two entirely freshwater populations have been recorded, in South Carolina and Massachusetts. The short-nosed sturgeon requires large fresh water rivers that are unobstructed by dams or pollutants to reproduce successfully. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. No populations of this species have been reported from the project vicinity. However, favorable habitat does exist for this species. Based on a conversation with the North Carolina Marine Fisheries Service on December 3, 1999, a moratorium is recommended to avoid in-water activity from February 1 through June 15. The National Marine Fisheries Services concurs with the recommendation of North Carolina Marine Fisheries, and has issued a finding of "Not likely to Adversely Affect" for the impacts of the shortnose sturgeon (see letter in Appendix). This is dependent on the commitments found on the Project Commitment Green Sheet. Name: American alligator Threatened Due to Similarity of Appearance BIOLOGICAL CONCLUSION: NO EFFECT This species is listed as Threatened Due to Similarity of Appearance, and is therefore not protected under Section 7 of the Endangered Species Act. However, in order to control the illegal trade of other protected crocodilians such as the American crocodile, federal tlegulations (such as hide tagging) are maintained on the commercial trade of alligators. No survey is required for this species. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. There has been a sighting of this species within 1.0 km (0.6 milel ~f the project area. Name: Loggerhead sea turtle BIOLOGICAL CONCLUSION: Threatened NO EFFECT The loggerhead sea turtle is found in a wide variety of habitats, including the open ocean, bays, lagoons, salt marshes, creeks, ship channels, and large river mouths. Hatchlings are often seen in association with floating sargassum seaweed. The diet includes sponges, jellyfish, mollusks, crustaceans, and fish. Loggerheads often forage in coral reefs, rocky areas, and shipwrecks. 16 ' The North Carolina Natural Heritage Program's database of rare species end unique habitats was checked on September 12, 2001. No populations of this species have been reported from the project vicinity. There are no suitable beach or marine habitats located in the project study area. Additionally, the project study area does not exhibit the salinity necessary to support this species. Therefore, no effects to this species will occur from the construction of this project. Name: Piping plover Threatened BIOLOGICAL CONCLUSION: NO EFFECT The piping plover has a breeding range including the Great Lakes region and the Atlantic Coast between Newfoundland and Cape Lookout, NC. Populations in the Great Lakes region are listed as Endangered; populations elsewhere in the range are listed as Threatened. This species winters on the Atlantic and Gulf of Mexico coasts from North Carolina to Mexico, and the Bahamas and West Indies. Preferred habitat consists of large sandflats or mudflats for foraging in close proximity to a sandy beach for roosting and nesting. Piping plovers nest on sandy or gravelly beaches in sparsely vegetated areas that are slightly higher in elevation than the surrounding beach The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. No populations of this species have been reported from the project vicinity. Suitable habitat does not exist within the project vicinity for this species. Name: Green sea turtle Threatened BIOLOGICAL CONCLUSION: NO EFFECT The green sea turtle can be found in tropical and temperate waters from Massachusetts to Mexico on the east coast of North America, and British Columbia to Baja California on the west coast, as well as Puerto Rico and the U.S. Virgin Islands. Most nesting in the United States takes place on the eastern coast of Florida between Volusia and Dade Counties, though some nests have been observed in Puerto Rico and the U.S. Virgin Islands as well The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. 17 Name: Leatherback sea turtle BIOLOGICAL CONCLUSION: NO EFFECT The leatherback sea turtle is the largest of the turtles, weighing 295-680 kg with a length of 1.2-1.8 m. This turtle is unique in that its carapace is not composed of hard scutes, but is rubbery with small bones embedded in it. Preferred nesting beaches are usually isolated, with close proximity to deep water, bordered by vegetation, and steep enough so that dry sand is not too far from the water. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. Name: Eastern cougar Endangered BIOLOGICAL CONCLUSION: NO EFFECT The eastern cougar is a large, unspotted, long-tailed cat weighing between 68 and 91 kg. The cougar's body and legs are a uniform tawny color, although the belly is a pale reddish color, and the backs of the ears, tip of the tail, and sides of the muzzle are black. Habitat requirements consist primarily of large tracts of wilderness and adequate prey, and this species can live in coastal swamps as well as mountainous regions. Cougars feed mainly on white-tailed deer, although they may also eat small mammals, wild turkeys, and occasionally domestic livestock. It is estimated that a female cougar can have a range of 5-20 square miles, and a male can have a range upwards of 25 square miles. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. Name: Bald eagle Endangered BIOLOGICAL CONCLUSION: NO EFFECT 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 Endangered ~s 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. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. No populations of this species have been reported from the project vicinity and no birds or nests were observed during the site visit. Name: Kernp 's ridlev sea turtle Endangered BIOLOGICAL CONCLUSION: NO EFFECT The Kemp's ridley sea turtle is the smallest of the sea turtles in our area, weighing 36-50 kg. This turtle is unique in that its broad, heart-shaped carapace is gray, and there is a secretory pore near the posterior edge of each scute forming the bridge between the carapace and plastron. The Kemp's ridley sea turtle is found in shallow water, usually near coastal forests of red mangrove (Rhizophora mangle). Nearly the entire population nests on approximately 24 km of beach in the state of Tamaulipas, Mexico. Preferred nesting beaches are backed by large swamps or open water with narrow ocean connections. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. Name: Wood stork Endangered BIOLOGICAL CONCLUSION: NO EFFECT Wood storks are large wading birds with long legs. They are approximately 1.27 m tall, with a wingspan of 1.52-1.65 m. Their plumage is mainly white, except for black primaries and secondaries and a short black tail. The head and neck are unfeathered, with dark gray skin; legs are dark, and the bill is black and slightly decurved. Juveniles are grayish and have a yellow bill. Nesting occurs in large colonies, primarily in cypress and mangrove swamps. Favored feeding habitat includes freshwater marshes, tidal creeks, and tide pools, especially pools in marshes or swamps where fish are concentrated by falling water 19 levels. The feeding grounds may be as far as 128 km from the nest location, as the storks use thermals to soar great distances. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does exist within the project vicinity for this species. However, only a few representatives of this species have reached southeastern North Carolina, residing primarily in coastal South Carolina, from near Georgetown southward (Potter 1980). There have been no populations of this species reported from the project vicinity. Name: Red-cockaded woodpecker Endangered BIOLOGICAL CONCLUSION: NO EFFECT The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cap, nape, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are >60 years old and are contiguous with pine stands at least 30 years of age. The foraging range of the RCW is up to 500 acres (200 hectares). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with tl~e fungus that causes red-heart disease. Cavities are located in colonies from 12-100 feet (3.6-30.3 meters) above the ground and average 30-50 feet (9.1- 15.7 meters) high. They can be identified by a large incrustation of running sap that surrounds the tree. The RCW lays its eggs in April, May, and June; the eggs hatch approximately 38 days later. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. The red-cockaded woodpecker was last observed from the project vicinity in 1973. However, habitat suitable for this species is no longer present in the project vicinity. zo Na~•me: West Indian Manatee BIOLOGICAL CONCLUSION: Endangered NO EFFECT The manatee is a large gray or brown aquatic mammal. Adults average about 10 feet (3 m) long and weighing around 1000 pounds. The body of the manatee is nearly hairless except for a muzzle covered with stiff "whiskers." The U.S. manatee population was probably twice as abundant in the 1700's and early 1800's as at present. Initial population decreases resulted from overharvesting for meat, oil, and leather. Today, heavy mortality is attributed to accidental collisions with boats and barges, along with loss of suitable habitat. Manatees inhabit both salt and freshwater habitats of sufficient depth (greater than l .5 m). They may be encountered in canals, sluggish rivers, estuarine beaches, and salt water bays. Observations of salt water populations indicate that they may require freshwater for drinking purposes. Manatees also require warm water. When water temperatures drop below 20 C, they begin to move into warmer water, often forming large aggregations in natural springs and industrial outfalls during the winter. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. No populations of the West Indian Manatee have been reported from the project vicinity. This species typically inhabits more southern areas but has been observed on occasion in North Carolina's coastal waters near South Port. Nevertheless, manatees are not likely to swim as far north as the NC 133 crossing of Town Creek. The U.S. Fish and Wildlife Service has developed a list of "Precautions for the general construction in areas which may be used by the West Indian manatee in North Carolina." These precautions will be considered in all aspects of project construction; therefore, this project will not affect the West Indian manatee. Name: Seabeach Amaranth BIOLOGICAL CONCLUSION: Threatened NO EFFECT Seabeach amaranth is an annual legume that grows in clumps containing 5 to 20 branches and are often over a foot across. The trailing stems are fleshy and reddish-pink or reddish in color. Seabeach amaranth has thick, fleshy leaves that are small, ovate- spatulate, emarginate and rounded. The leaves are usually spinach green in color, cluster towards the end of a stem, and have winged petioles. Seabeach amaranth is endemic to the Atlantic Coastal Plain beaches. Habitat for Seabeach amaranth is found on barrier island beaches functioning in a relatively dynamic and natural manner. Seabeach amaranth grows well in overwash flats at the accreting ends 21 of islands and the lower foredunes and upper strands of noneroding beaches. Temporary populations often form in blowouts, sound-side beaches, dredge spoil, and beach replenishment. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. Name: Roughed-leaved Loosestrife BIOLOGICAL CONCLUSION: Endangered NO EFFECT Rough-leaved Loosestrife is endemic to the Coastal Plain and Sandhills of North Carolina and South Carolina. Typical habitat for rough-leaved Loosestrife is the ecotone between high pocosin and longleaf pine (or oak) savannas that contain sandy or peaty soils and full sunlight. Rough-leaved Loosestrife sometimes occurs in low pocosin openings where light is abundant at ground level. Other habitats where this species is found include ecotones of stream-head pocosins in the Sandhills and Sandhill Seeps where wet sands are underlain by clay, allowing water to seep to the surface along slopes. Two populations of rough-leaved Loosestrife occur along NCDOT rights-of--way in Brunswick County. Rough-leaved Loosestrife is a perennial herb growing from 30 - 60 cm (12 - 24 in) tall. Its sessile leaves, in whorls of three to four, are broadest at the base and have three prominent veins. The leaves are entire, slightly revolute (rolled under along the margins), yellow-green or blue-green in color and lustrous. Rough-leaved Loosestrife flowers from May to June. ' Suitable habitat for this species does not occur in the project area. During a general survey of the area, the project area was also surveyed for this species by NCDOT biologists on June 23, 1999. No individuals of this species were located in the project area nor does the NCNHP database show in previous records of this species occurring in the project area. Thus, construction of this project will have no effect on this species. 22 Name: Coole~~'s meadox~rue Endangered _ Best Search Time: mid June to early July BIOLOGICAL CONCLUSION: NO EFFECT Cooley's meadowrue occurs in wet pine savannas, grass-sedge bogs and savanna like areas, often at the border of intermittent drainages or swamp forests. This species is usually found in areas that contain some type of disturbance such as clearings, burned savanna edges, maintained roadsides and power line rights-of--ways. It is found on fine sandy loam, circumneutral soils that are seasonally (winter) moist or saturated and only slightly acidic (pH 5.8-6.6). Cooley's meadowrue is a tall herb growing to 1 m or more when in flower. Its slender stems are erect in sunny locations and lax or sprawling when shaded. Suitable habitat for this species does not occur in the project area. During a general survey of the area, the project area was also surveyed for this species by NCDOT biologists on June 23, 1999. No individuals of this species were located in the project area nor does the NCNHP database show in previous records of this species occurring in the project area. Thus, construction of this project will have no effect on this species. b. Federal Species of Concern and State Listed Species There are thirty-seven federal species of concern listed by the FWS for Brunswick County (Table 3). Federal species of concern 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. In addition, organisms which are listed as Endangered (E), Threatened (T), or Special Concern (S~) by the North Carolina Natural Heritage Program 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 federal species of concern, 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. A review of the NHP database of rare species and unique habitats shows one occurrence of FSC species in the project study area. The Northern pine snake has been observed within 1 mile (1.6 kilometers) of the project area. 23 Table 3. Federal species of concern for Brunswick Countv Common Name Scientific Name NC Habitat Bachman's Sparrow Aimophila aestivalis Status SC Present No Henslow's Spatrow Ammodramus hertslotvii SR No Carolina Pygmy Sunfish Elassoma boeltlkei T Yes Southern Hognose Snake Heterodon simus SR* No Mimic Glass Lizard Ophisaurus minticus SC/PT No Eastern Painted Bunting Passerina ciris ciris SR Yes Northern Pine Snake Pituophis melanoleucus melanoleucus SC* Yes Carolina Gopher Frog__ ____ __Rana c~ito capito SC/PT No Buchholz's Dart Moth _.._ .._ Agrotis uchholzi _..._._ SR ............... _. - ---..._. No Arogos Skipper Atrytorte arogos arogos SR No Waccamaw Spike Elliptio waccamawensis T No Venus Flytrap Cutworm Moth Nemipachnobia subporphyrea subporPhyrea SR No Greenfield rams-horn Helisoma eucosmium SR No Magnificent Rams-hom Planorbella magnifica E No Rare Skipper Problema bulenta SR Yes _Cape Fear Threetooth _~ Triodopsis soelneri _ T Yes Savanna Indigo-Bush Amorpha georgiana var confusa T Yes Honeycomb Head Balduina atropurpurea C* No Chapman's Sedge Carex chapmanii W 1 * Yes Venus Flytrap Dionaea muscipula C-SC No Dwarf Burhead Echinodorus parvulus C Yes Harper's Fimbry Fimbristylis perpusilla T Yes Pondspice Litsea aestivalis C No Carolina Bogmint Macbridea caroliniana T Yes Loose Watetmilfoil Myriophyllum laxum T No Savanna Cowbane Ozypolis ternata W 1 No Carolina Grass-Of-Parnassus Parnassia caroliniana E No Pineland Plantain Plantago sparsiflora E No Awned Meadow-Beauty Rhexia aristosa T* No Swamp Forest Beaksedge Rhynchospora decurrens C Yes Thorne's Beaksedge Rhvnchospora thornei E . No Carolina Goldenrod Solidago pulchra E No Spring-Flowering Goldenrod Solidago verna T No' Wireleaf Dropseed Sporobolus teretifolius sensus stricto T No Carolina Asphodel Tofieldia glabra C No Dune Bluecurls Trichostema sp 1 C No Savanna campylopus Campvlopus carolinae C No Note: C A Candidate is any species which is very rare in North Carolina, generally with I-20 populations in the state, generally substantially reduced in numbers by habitat des truction. E An Endangered species is one whose continued existence as a viable component of the State's flora is det ermined to be in jeopardy. SC A Special Concem species is one which requires monitoring but may be taken or wllected and sold under regulations adopted under the provisions of Article 25 of Chapter 113 of the General Statutes (animals) and the Plant Protection end Conservation Act (plants). Only propagated material may be sold of Special Concern plants that are also listed as Threatened or Endangered. SR A Significantly Rare species is not listed as "E", "T", or "SC", but which exists in the state in small numbers and has been determined to need monitoring. T A Threatened specics 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. W I A Watch Category I specics is a ra re species whose status in North Carolina is relatively well known and which appears to be relatively secure at this time. /P_ denotes a species which has been formally proposed for listing as Endangered (PEI, Threatened (PT), or S pecial Conc ern (PSC), but has not yet completed the listing process. Historic record, the species was last observed prior to 1979. 24 VIII. COMMENTS, COORDINATION AND PUBLIC INVOLVEMENT On May 22, 2001 a citizens informational workshop was held in Brunswick County for both this project and TIP Project B-3116. This workshop was held to obtain comments and suggestions from the citizens in the project area. Approximately 25 persons attended this meeting. Most of the citizens in attendance opposed the road closure to replace the two bridges. Some of the concerns with closing the road included inconveniences to school buses, evacuation during hurricane season, emergency response time and increased travel cost due to high gas prices. Most citizens, however, agreed the bridge requires replacement. With the option of closing NC 133 being the proposed recommendation, NCDOT coordinated with Orton Plantation, a set of formal and informal gardens open to the public to determine how this would affect their business. A spokesperson from Orton Plantation was in favor of replacing the bridges and did not object to closing the road. The let date was adjusted to allow construction to begin after mid-September to accommodate Orton Plantation's schedule. This tourist attraction is open March through November. A meeting was held with natural resource agencies on June 14, 2001. The purpose of this meeting was to discuss alternatives for TIP Projects B-3115 and B-3116 and to obtain concurrence on the recommended alternative for both projects. The result of this meeting was a recommendation to replace Bridge No. 61 in its existing location with a 300-foot (91 meter) bridge. A meeting was held on July 9, 2001 with public officials in Brunswick County. Representatives from Carolina Power and Light Company's (CP&L) Brunswick Nuclear Plant and local emergency management officials had concerns with the road being closed during hurricane season. They agreed however, the replacement of Bridge No. 61 along with the adjacent bridge project were needed. CP&L and other officials did not object to closing the road; however, they asked that NC 133 not be closed until after Labor Day, in order to avoid the peak tourist season and reduce the amount of time the road will be closed during hurricane season. NCDOT agreed to delay closing NC 133 until after Labor Day. NCDOT will provide CP&L and the emergency management officials with an estimate of the amount of time the road closure will add to evacuation times for the plant. A meeting was held on January 31, 2002 with representatives from emergency management and other local officials from Brunswick County, CP&L, citizens, State and Federal Resource Agencies, and NCDOT representatives. The purpose of this meeting was to discuss closing NC 133 to replace the two bridges. The meeting concluded with NCDOT agreeing to gather information on cost and impacts for replacing the bridge on new location to the east and making a decision after comparing all of the proposed alternatives. NCDOT also agreed to leave Bridge No. 56 open while Bridge No. 61 is being replaced. 25 A meeting was held on March 8, 2002 with NCDOT officials at the existing bridge location. After consideration with the Board of Transportation Member for Division 3 and the Division Construction Engineer it was decided to replace the bridge on existing location with road closure and an offsite detour. IX. CONCLUSION Based on the above discussion, NCDOT and FHWA conclude the project will cause no significant environmental impacts. Therefore, the project may be processed as a Categorical Exclusion. 26 FIGURES N ~ •, ' ~ N J: N '' ~ Id:~~~ .~~ r. . ~~ ,,., ~,,. B R U N S W I:L~C y, ~ rr ~ 1. 'W i•l '~•'"5'~ ~~.i ' w -~. -- .\ r ~I ~~ 1 ~ J ~ }~1 .; J CAMPBELL ISLAND ~ ~. ~~a~ "°"'"~,,; North Carolina Department of 4+~ Transportation ,. ~, ~; Division of Highways ~~~ ,df~~ Planning & Environmental Branch Brunswick County Replace Bridge No. 61 on NC 133 Over Town Creek B-3115 Fi~,ure Onr __'~__ Nort_h_ Carolina Wildlife Resources Commission i 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Bill Goodwin, Project Planning Engineer Planning & Environmental Branch , NCDOT FROM: David Cox, Highway Project C m for - /~ / Habitat Conservation Progr DATE: December 5, 1997 SUBJECT: NCDOT Bridge Replacements, Brunswick, Onslow, Wayne, Cumberland, Richmond, Wilson, Lenoir, and Northampton counties, North Carolina, TIP Nos. B-3115, B-3116, B-3358, B-3379, B-3322, B-3365, B-2110, B- 3267, B-3200, B-1303. Biologists with the N. C. Wildlife Resources Commission (NCWRC) have conducted site visits as need and have the following preliminary comments on the subject projects. Our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). On bridge replacement projects of this scope our standard recommendations are as follows: '~ 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 Replacement Memo 2 December 5, 1997 5. If temporary access roads or detours are constructed, they should be removed back to original ground elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'x10'. If possible, when using temporary structures the area should be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact, allows the area to revegetate naturally and minimizes disturbed soil. 6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army Corps of Engineers nationwide and general `404' permits. We have the option of requesting additional measures to protect trout and trout habitat and we can recommend that the project require an individual `404' permit. 8. In streams that contain threatened or endangered species, NCDOT biologist Mr. Tim Savidge should be notified. Special measures to protect these sensitive species may be required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species Act as it relates to the project. 9. In streams that are used by anadromous fish, the NCDOT official policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997)" should be followed. 10. In areas with significant fisheries for sunfish, seasonal exclusions may also be recommended. If corrugated metal pipe arches or concrete box culverts are used: 1. The culvert must be designed to allow for fish passage. Generally, this means that the culvert or pipe invert is buried at least 1 foot below the natural stream bed. $f multiple cells are required the second and/or third cells should be placed so that their bottoms are at stream bankful stage (similar to Lyonsfield design). This will allow sufficient water depth in the culvert or pipe during normal flows to accommodate fish movements. If culverts are long, baffle systems are required to trap gravel and provide resting areas for fish and other aquatic organisms. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated so that no channel realignment or widening is required. Widening of the stream channel at the inlet or outlet of structures usually causes a decrease in water velocity causing sediment deposition that will require future maintenance. 4. Riprap should not be placed on the stream bed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be Bridge Replacement Memo 3 December 5, 1997 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 that is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be used as wetland mitigation for the subject project or other projects in the watershed. Project specific comments: 1. B-3115 -The potential ins high for anadromous fish usage at this site. Therefore, the guidelines apply (See Item 9 above). 2. B-3116 -The potential is high for anadromous fish usage at this site. Therefore, the guidelines apply (See Item 9 above). 3. B-3358 -This bridge is surrounded by swamp. We request that NCDOT minimize wetland impacts. 4. B-3379 -This site has a high potential for wetlands adjacent to the bridge. This are is classified as nutrient sensitive waters so we request that sedimentation and erosion controls for high quality waters be followed. 5. B-3322 - No specific concerns. 6. B-3365 - No specific concerns. 7. B-2110 -High potential for wetland impacts. NCDOT should minimize wetland impacts. 8. B-3267 - No specific concerns. 9. B-3200 - Anadromous fish are known to us this area so the guidelines apply (See Item 9 above). There is a high potential for wetland involvement. 10. B-1303 - Anadromous fish are known to use this area so the guidelines apply (See Item 9 above). We request that NCDOT routinely _~,inimize adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. The NCDOT should install and maintain sedimentation control measures throughout the life of the project and prevent wet concrete from contacting water in or entering into these streams. Replacement of bridges with spanning structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Spanning structures allow wildltfe passage along streambanks, reducing habitat fragmentation and vehicle related mortality at highway crossings. If you need further assistance or information on NCWRC concerns regarding bridge replacements, please contact me at (919) 528-9886. Thank you for the opportunity to review and comment on these projects. STREAM CROSSING GUIDELINES FOR ANADROMOUS FISH PASSAGE Anadromous Fish are a valuable resource and their migration must not be adversely impacted. The purpose of this document is to provide guidance to the North Carolina Department of Transportation to ensure that replacement of existing and new highway stream crossing structures will not impede the movement of Anadromous Fish. Applicable When: o Project is in the coastal plain defined by the "Fall Line" as the approximate western limit (see attached figure). o For perennial and intermittent streams delineated on most recent USGS 7.5 minute quadrangle maps. General Guidelines: o Design and scheduling of projects should avoid the necessity of instream activities during the spring migration period. For the purposes of these guidelines "Spring" is considered to fall between February 15 and June 15. (In areas where the shortnose sturgeon may be present, .the Cape Fear, Brunswick and Waccamaw Rivers, spring shall be defined as February 1 to June 15). oridges and other channel spanning structures are preferred where practical. Technical Guidelines: o In all cases, the width, height and gradient of the proposed opening shall be such as to pass the average historical spring flow without adversely altering flow velocity. Spring flow should be determined from gage data if available. In the absence of this data, bankfull flow can be used as a comparative level. (Reference, "Fisheries Handbook of Engineering Requirements and Biological Criteria", Bell 1973, for fish swimming limitations.) o The invert of culverts shall be set at least one foot below the natural stream bed. Stream Crossing Guidelines for Anadromous Fish Passage Page -2- o Crossings of perennial streams serving watersheds greater than one square mile shall provide a minimum of four (4) feet of additional opening width (measured at spring flow elevation) to allow for terrestrial wildlife passage. o In stream footings for bridges will be set one foot below the natural stream bed when practical. For crossing sites which require permit review the following information will be provided as a minimum to facilitate resource agency review. o Plan and profile views showing the existing and proposed crossing structures in relation to the stream bank and bed. o Average historical spring flow (or bankfull flow) for the site. o How the proposed structure will affect the velocity and stage of the spring flow (bankfull). o Justification for any variance from the guideline recommendations. a .--_.- - UNITED STATES DEPARTMENT OF COMN ~`-T- National Oceanic and Atmospheric Adminis °_• - -- -_ .,~, °~'' S~~utl~cast Rc~~ional Ofl ice `^ 9 ~ ~ I Executive Center Drip c 1\'orth St. P~tursbur~,. F1. 3371 ~ (7~~) 370-531'; Fax X70-~>17 A?A ~ ~ i:J:'~ F'SER3:JLL qtr. Gregon~ Blakeney Project Development and Em•ironmental Analysis Branch North Carolina Department of Transportation P.O. Box 2201 Raleigh, NC 27611-5201 Dear Ivlr. Blakeney: This letter responds to your March 31, ?000 letter regarding nyo proposed bridge replacement projects in Bruns~yick Count,•. Both bridges to be demolished are made out of concrete and will be replaced ~yitl~ reinforced concrete and steel or concrete Birders. Bridge No. 61 on NC 133 over Toa•n Creek (State Project No.8.1231401, TIP No. B-3110 is approximately 300 feet long and 26 feet ~yide and ~yill be replaced ~yitlt a bridge 300 feet lone and 32 feet wide. Bridge No. 56 on NC 133 Dyer Allen Creek (Sate Project No. 8.1231501, TIP NO. B-3116) is approximately 61 feet long and 2~ feet ~yide and ~yill be replaced with an 80 feet long and 32 feet wide bridle. Explosives will not be used in the demolitions. Allen Creek and Town Creek are tributaries to the lower Cape Fear River. Shortnose sturgeon, protected under the Endangered Species Act (ESA), are rare but do occur in tl~e Cape Fear River. There are no known occurrences of the shortnose sturgeon within these creeks, but potential Habitat is present. No in- stream construction in Town Creek or Allen Creek will occur during the months of January, February, IVtarch, or April, when shortnose sturgeon could potentially be present. The NCDOT will abide by tl~e Best Management Practices For Bridge Demolition and Removal policy. Higlt Qualitt• Waters (HQW) Erosion Control Guidelines will also be adhered to throughout construction. Based on this information, the National Marine Fisheries Service (NMFS) concurs with your conclusion that the proposed projects are not likely to adversely affect the shortnose sturgeon. This concludes the consultation responsibilities under section 7 of tl~e ESA for the proposed action for Federally-listed species, and their critical habitat, under NMFS purview. Consultation should be reinitiated if new information reveals impacts of the proposed action that may affect listed species or their critical habitat, a ne~v species is listed, the identified action is subsequently modified, or critical habitat determined that may be affected by the proposed activity. if you have any questions, please call Jennifer Lee, Fishery Biologist, of my Protected Resources staff. Sincerely, • ~ ~~. ~~~ William T. Hogarth, Ph. D. Regional AdminisU'ator cr. F/PR3 1514-?? L ~® ti ~.r ~ yTA rte(' .y'# t.Sr,t-J~ Z.- :~ A~ ~`'~ '~ ;;r~j North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary December 16, 1997 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge #61 on NC 133 over Town Creek, Brunswick County, B-31 15, Federal Aid Project BRSTP-133(1), State Project 8.1231401, ER 98- 7931 Dear Mr. Graf: Division of Archives and History kffrcy 1. Crow, Director On December 10, 1997, Debbie Bevin of our staff met with North Carolina Department of Transportation (NCDOT) staff for a meeting of the minds concerning the above project. We reported our available information on historic architectural and archaeological surveys and resources along with our recommendations. NCDOT provided project area photographs and aerial photographs at the meeting. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms of historic architectural resources, we are aware of no historic structures located within the area of potential effect. We recommend that no historic architectural survey be conducted for this project. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our comments. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with- Section 106, codified at 36 CFR Part 800. 109 East Jones Street • Raleigh, North Carolina ?7601-2807 ']~ Nicholas L. Graf December 16, 1997, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environr review coordinator, at 919/733-4763. Sincerely, David Brook Deputy State Historic Preservation Officer DB:slw cc: H. F. Vick B. Church T. Padgett ~~ ,, OF TR ~.~ ~S'~°9, U.S. DEPARTMENT OF TRANSPORTATION ~~ ~ FEDERAL HIGH\\'A 1' AD~IINISTR.4TION Q 310 New Bern A~~enue. Suite 410 `~ ~R~ Raleigh, Nor[h Carolo a ?7601 '~grES ~ Ma~~ 5, ?00 Mr. William Gilmore, P.E. Manager of Planning and Environmental Branch Division of Highways Raleigh, North Carolina IN REPLY REFER TO HO-NC Subject: Federal-aid Project BRSTP-133(1), State No. 8.1231401, B- 3115, Brunswick County Determination of Need-for a Coast Guard Permit Dear Mr. Gilmore: As requested by Mr. Gregory Blakeney, the Federal Highway Administration (FHWR) has reviewed the information submitted on the subject project relative to the type and size of vessels that utilize Town Creek in the vicinity of the proposed project. In accordance with 23 CFR 650.805(b), the FHWA has determined that the proposed project is over water that is not used or is not susceptible to use in its natural condition or by reasonable improvement as a means to transport interstate or foreign commerce. Although this waterway is tidal, the only vessels that use the stream are recreational, fishing or other small boats less than 6.4 meters (21 feet) in length. Accordingly, a US Coast Guard permit is not required for construction of this project. Sincerely yours, C F Nicholas L. Graf, P.E. Division Administrator ~O~ ~~ O U` . `'v ^QG V ~ r V ~ Michael F, Easley, C Norlh Carolina Department of Environmlllen and Natur IrRe; •-- ~ Alan W. Klimek, P.E., Division of Water N/ilmington Region --=.._ August 6, 2002 Mr. Andrew Nottingham, P.E. North Carolina Department of Transportation Hydraulics Unit, 1590 Mail Service Center Raleigh NC 27699-1590 ;_r oivis Subject: EXEMPTION from Stormwater HYI Management Permit Regulations NCDOT Project Number 8.1231401 (B-3115' Stormwater Project No. SW8 020803 Bridge No. 61 over Town Creek on NC 133 Brunswick County Dear Mr. Nottingham: "the Wilmington Regional Office received a copy of a Stormwater Management Per Application Form for the NCDOT Public Road or Bridge project known as Bridge No. 61 c Town Creek on NC 133. Staff of the Wilmington Regional Office have reviewed the applic for the applicability of the Stormwater Management rules to the proposed activity at this pr. Based on our review, the proposed development activity at this site is not subject to the stormwater requirements as provided for in 1 SA NCAC 2H.1000. Please be advised that otl regulations may potentially apply to the proposed activities. If your project disturbs five acres or more and has a point source discharge of storm runoff, then it is subject to the National Pollutant Discharge Elimination System (NPDES) storn~vvater discharge requirements. You are required to have an NPDES permit for stormw discharge from projects meeting these criteria. This exemption applies only to the Coastal Stormwater Management Permit for the currently proposed activity. If at any time in the future, development of any part of this site i planned, as defined in NCAC 2I-i.lOt)U, or if the proposed activities differ in any manner fro what is shown on the plans on file with the Division, you must submit the project for review the .applicability of the stormvvater management rules. If yott have any questions conceminQ matter, please do not hesitate to call me at (9I 0) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supen~i~ RSS/arl: S:\1VQS\STORM~~':~T\E\Eit~IPT\020803.Au~ ce: Delaney Aycock, Brunswick Count Buildin~> Linda Lewis y ~ Inspections Wllnlington Regional Office Central Files N C. Division of Water Cluality 127 Cardinal Dm:e Extension Wilmington, N.L. 23-105 (910)395-3900 Fax (910)350.2003 Cr '~Q~`"~~'~;,; ;raFZ United States Department of the Interior ~ FISIi AND WILDLIFE SERVICE Raleigh Field Offioc Yost OtTicc Box 33726 'M'ARCH s.'D~9 Raleigh, Notch Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in-water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Speaes Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water-related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which a protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredgii operation or vessel movement, all appropriate precautions will be implemented to ensu protection of the manatee. These precautions will include the immediate shutdown moving equipment if a manatee comes within 50 feet of the operational area of tl equipment. Activities will not resume until the manatee has departed the project area ~ its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The reps must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), tl National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildll Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels assocated with the project where it is clearly visit to the vessel operator. The sign should state: CAUTION: The endangered manatee may occurin these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries manatees during project activities. Upon completion of the action, the project managerv~ prepare a report which summarizes all information on manatees encountered and subn the report to the Service's Raleigh Field Office. ~, 7. All vessels associated with the construction project will operate at "no wake/idle" spee~ at all times while in water where the draft of the vessel provides less than a four fc clearance from the bottom. All vessels will follow routes of deep water whenever possibl 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made material in which manatees cannot become entangled; (b) secured in a manner that the cannot break free and entangle manatees; and, (c) regularly monitored to ensure th manatees have not become entangled. Barriers will be placed in a manner to allc manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-0520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. bra '} Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: T. F. Holdings 1202 Eastwood Roati Wilmington, NC 284(13 A. Signature ~ ~~ op B. Received by Pri ed Name) C. D e o ~f'ica ~ ~ 9 D. Is delivery address different from item 17 ^ ti If YES, enter delivery address below: ^ ~ 3. Se ice lj~pe Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Mei ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ ~ 2. Article Number (transfer /rom service label) ~OVO `~'~D D ~ ~ Z~gV 85Cio~ PS Form 3811, August 2001 Domestic Return Receipt X0259 ^ Complete items 1, 2, and 3. Also complete A. Signature item 4 If Restricted Delivery is desired. X ^ Pint your name and address on the reverse so that we can return the card to you. eived ^ Attach this card to the back of the mailpiece, or on the frontrf space permits. 1. Article Addressed to: Mr. David R. Harless 2765 Rivcr Road, SE Winnabow, NC 28479 ^ Ag ~ ^ Ad C. Date of I 7.7~ D. Is delivery address different from kem 17 ^ Ye: If YES, enter delivery address below: ^ No 3. erv a Type rtified Mail ^ Express Mall ^ egistered ^ Return Receipt for Mercl ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Feel ^ Yes 2. Article Number /~~ ~-j~ J~ (transfer from service IabeQ ~~ ~~ 1 ~~O 003 2~ S~ u~iV PS Form 3811, August 2001 Domestic Retum Receipt 102595-( Q. 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J O L~ tI) F- W W 2 N W W N W H b J Z s a'te' ~;'a~ 3 Wm m i ¢~jZ x ~, \ \~ ~1 -~'. ~ ">d~ ~. ~~ [I~tA ~3J-~~ vC~~o huu~97~~n; S£~LU 6UCi~-N3J GZ `,~ Michael F. Easley, Governor William G, Ross Jr., Secretary May 19, 2004 Mr. David Timpy US Army Corps of Engineers Wilmington Regulatory Field Office Post Office Box 1890 Wilmington, North Carolina 28403 Dear Mr. Timpy: e~ ~~~ NCDENR North Carolina Department of Environment and Natural Resources Division of Ecosystem Enhancement Project: DOT ID #: County: WET~ANQS 1401 CROl.1P Plt;/1, ~ ;~ /U(I~i Bridge Replacement over Town Creek, NC 133 B-3115 Brunswick Co., Southern Inner Coastal Plain Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide wetland mitigation for the 0.17 acres of unavoidable non-riverine wetland impacts associated with the above referenced project. The subject project is listed in Exhibit 2 of the Memorandum of Agreement among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July 22, 2003; however, EEP intends to provide non-riverine wetland restoration mitigation. If you have any questions or need additional information, please contact Ms. Beth Harmon at (919) 715-1929. Sincerely, William D. Gilmore, P.E. Transition Manager cc: Phil Harris, P.E., Office of Natural Environment, NCDOT John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-3115 1652 Mail Service Center, Raleigh, North Carolina 27699-1652 Phone: 919-715-14131 FAX: 919-715-2219 An Equal Opportunity \ Affirmative Action Employer ti ~~ ~~~~~ NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary May 19, 2004 Mr. Gregory J. Thorpe, Ph.D., Manager, Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Dr. Thorpe: Subject: Project: Bridge 61 over Town Creek, NC 133 TIP Number: B-3115, Brunswick County The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide compensation for the subject project. Based on the information supplied by you in a letter dated March 5, 2004, the impacts are located in CU 03030005 of the Cape Fear River Basin in the Southern Outer Coastal Plain Eco-Region, and are as follows: Wetland Impacts: 0.17 acre As stated in your letter, the subject project is listed in Exhibit 2 of the Memorandum of Agreement among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July 22, 2003. The ecosystem enhancement for the subject project will be provided in accordance with this agreement If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely CL: , ,.~~ C~<c- ~~ William D. Gilmore, P.E. Transition Manager cc: David Timpy, USACE-Raleigh John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-3115 NC DENR Ecosystem Enhancement Program One 1652 Mail Service Center, Raleigh, North Carolina 27699-1652 NO hCa1'o/l/ina Phone: 919-715-14131 FAX: 919-715-22191 Internet: h2o.enr,state.nc.us/wrp/ atura[`~ ~I n,~ ~ ~ ~,~~~. STATE OF NORTH CAROLINA DEPARTMENT OF T~ZANSPORTATION JAMES B. HUNT J R. GOVERNOR P.O. BOX 25201. RALEIGH, N.C. 276]1-5201 November 7, 1997 MEMORANDUM TO FROM: SUBJECT: Ms. Cyndi Bell DWQ - DENR H. Franklin Vick, P. E., Manager Planning and Environmental Branch F?EG'EIVF(~ NOi~` r u' 1997 ~NVIRONA,t~NrAL SCIENCES GARLAND B. ~GARRETT JR. SECRETARY Review of Scoping Sheets for the following projects: Project T.LP. County Bridge No. State~Route Planning Engineer B-3112 Bladen No. 59 NC 11 Jeff Ingham,/ B-3115 Brunswick No. 61 NC 133 Bill Goodwinl/ B-3116 Brunswick No. 56 NC 133 Bill Goodwin,/~ B-3312 Burke No. 347 SR 1984 John Williams Attached for your review and comments are the scoping sheets and location maps for the subject projects. The purpose of this information and the related review procedure is to have an early "meeting of the minds" as to the scope of work that should be performed and thereby enable us to better implement the projects. Scoping meetings for these projects are scheduled for December 10, 1997 in the Planning and Environmental Branch Conference Room (Room 470). These scoping meetings will be held back to back beginning at 2:00 P. M. in the order shown above. These meetings typically last 10 to 15 minutes per project, so all attendees should plan to arrive at the beginning of the 2:00 P. M. session as applicable. You may provide us with your comments at the meeting, mail them to us prior to the meeting, or e-mail them to bgoodwin@dot.state.nc.us prior to the meeting. Thank you for your assistance in this part of our planning process. If there are any questions about the meetings or the scoping sheets, please call the indicated Project Planning Engineer, at 733-3141. HFV/bg Attachments