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HomeMy WebLinkAbout19930473 Ver 1_Complete File_19940308i? : f C-, a cc o ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director R ??? ., ..... ,_.._. -, j LS Opo t_{ ,, s „ ?-+ ? k.+ y :...: t_• , i., ...: :..! :....: , ,_; .!. k ,;r_ :... i i?i• , .._ i_i ,..? .t.:... ..... " y% .t_' t .a+ i i .... , , t'..'::.',.: S. i C. i + ,- r-, 'a' .}.. i...i i .? k i::: _.. rW i:-: -.•t .?;', ?' ?'? f114!el.i . _ WATER < < . H .... _ _. ... i t .. :..: t..::... :., ,..., t..: .... , : .: ... : , :: cr ?? ... ,_3 "% t:! -! i ;? ? ?", .E ,. ''•_y r.; '::y: ! ' : +•..`,.... , {.: .• :_: i... ; •+?..: ; .. + i + 17 ._` Y P:, ?'-, ::.... , ?"..+. i is p- {•?k 1--' isi' ::! k ?..:t::ti {::- ....+. k ?i:i :: + {•.::' ,..? t..l ::.:...: .:... . ::..t •.-` .,. t::.`':: t, t::.` k !.+ ! ;... t.. : x... L"" 3' fi!''" -.:: .i. {.v ... is {.+ ,. 7...h f:' "I i .. is t ? 4_!k?': C t.! :.! 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I C: t:::::-:}.) ; :::.::':•,...:_: k!i::::++i. .....,_..'?-.,.....i{::j r:t :::li..'.?..I:1.i?•!•'.:j .... ,_.i:i_iY"' , r 4-- 1- cl .. : 't ..... .::, _ ...+ L I +...+ .. . _, j_ - .j_ _, `..., .!.. ...i !._ '` ... ,..+r..`i.! t:+: .t" +t:::: :..: ',•'y: t::ii_r 't ?..}?ic.::i: :}. .? }"._ ??, i k ..i.. , .. .. ... -i : t k c:!. , ; ?•.. i? ,_` :..: i .• ,. ,........ ..... . ' ici'''. .,. i?:.: . , ..., k-i {::i {:.. {"s {'}'t ri k {•si ?i" k '.. t .! .i ..! ? k :: !_, .... i. } .#. .!.:... i::1 `:::- {:•-, i::t ' i::{ 'U 01iginal signed by Joe.. OMY ;::!...( a.. ... { .+ .). e-. E"; A . a DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch June 16, 1993 S WETLANDS GR0 W WATER LIALITY SECTION Action ID. 199302696 and Nationwide Permit No. 23 (Approved Categorical Exclusions) Mr. L. J. Ward Planning & Environmental Branch N.C. Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611 Dear Mr. Ward: Reference is made to your letter of May 26, 1993, regarding your plans to discharge dredged/fill material into the waters/wetlands of the North Fork New River, associated with the replacement of Bridge No. 59, S.R. 1100, Creston, Ashe County, North Carolina, TIP No. B-2002. Plans included with your letter showed that you propose to replace the aforementioned bridge with a new bridge to the west of the existing bridge, and that the existing bridge will be removed when the new route is completed. Reference is also made to Mr. Stephanie Goudreau's letter of March 5, 1993, in which the North Carolina Wildlife Resources Commission expressed no objections to the planned road improvements provided that: a. No heavy equipment is operated in the live streams in order to minimize sedimentation and prevent introduction of other pollutants. b. Erosion control measures should be implemented where soil is disturbed and maintained until project completion. C. Construction must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. d. Temporary ground cover (e.g. hardwood mulch, straw, etc.) must be placed on all bare soil during construction. Permanent vegetation in these same areas must be established within 15 days of ground disturbing activities to provide long term erosion control. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits (NWP). Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for activities undertaken, assisted, authorized, regulated, funded or financed, in whole or -2- in part, by another Federal agency or department where that agency or department has determined, pursuant to the CEQ Regulation for the Implementing the Procedural Provisions of the National Environmental Policy Act, that the activity, work or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and the office of the Chief of Engineers has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. Special regional conditions of this NWP state that before discharging dredged or fill material into waters of the United States occurring within the twenty-five mountain counties of North Carolina that contain trout waters, the applicant will obtain a letter of approval from the North Carolina Wildlife Resource Commission. Review of the information you have provided, and the comments submitted by the North Carolina Wildlife Resources Commission, reveals that your proposed work, is authorized by NWP provided it is accomplished in strict accordance with the enclosed conditions and the recommendations set forth by the Wildlife Resources Commission. This NWP does not relieve you of the responsibility to obtain any required State or local approval. This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the 2 years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Thank you for your time and cooperation. If you have any questions, please contact Mr. John Thomas, Raleigh Regulatory Field Office, telephone (919) 876-8441. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -3- Copies Furnished (without enclosure): Dr. Charles Bruton North Carolina Department of Transportation Planning and Research Branch Post Office Box 25201 Raleigh, North Carolina 27611 Mr. Doug Miller Land Quality Section North Carolina Department of Environment, Health and Natural Resources 8025 North Point Boulevard Suite 100 Winston-Salem, North Carolina 27106 Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 ?a?John Dorney ater Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Regional Office Manager North Carolina Department of Environment, Health and Natural Resources 8025 North Point Boulevard Suite 100 Winston-Salem, North Carolina 27106 Ms. Stephanie Goudreau Habitat Conservation North Carolina Wildlife Resources Commission 512 North Salisbury Street Raleigh, North Carolina 27611 Mr. Joe Mickey, Jr. Division of Boating & Inland Fisheries Route 2, Box 278 State Road, North Carolina 28676 N. C. DEPARTMENT OF TRANSPORTATION TE TRANSMITTAL SLIP DATE 2 ® 0JL Mr. John Dorney Water Quality Planning DEM, DEHNR Room 625-D Archdale Building ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: J dd SVVFv r:. STATE- OF NORTH CAROLINA L- DEPARTMENT OF TRANSPORTATION JAMES B. HUNT. JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 May 26, 1993 110 District Engineer Army Corps of Engineers P. 0. Box 1890 Wilmington, North Carolina 28402 ATTENTION: Regulatory Branch Dear Sir: A JUN 1 093 SAM HUNT SECRETARY E JUN I - 1993 3 Subject: Ashe County, Replacement of Bridge No. 59 over the North Fork New River on SR 1100, Federal Aid Project BRZ-1100(4), State Project No. 8.2710401, TIP No. B-2002. Attached for your information are three copies of the project planning report for the subject project. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with CFR 771.115(b). Therefore, we do not anticipate requesti an 'ndividual permit but propose to proceed under a 'tionwi e Permit in accordance with 33 CFR 330 Appendix A (B-23) ' sued November 22, 1991, by the Corps of Engineers. he visions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. We anticipate that 401 General Certification No. 2734 (Categorical Exclusion) will apply to this project, and are providing one copy of the CE document to the North Carolina Department of Environment, Health and Natural Resources, Division of Environmental Management, for their review. We also anticipate that comments from the North Carolina Wildlife Resources Commission (NCWRC) will be required prior to authorization by the Corps of Engineers. By copy of this letter and attachment, NCDOT hereby requests NCWRC review. NCDOT requests that NCWRC forward their comments to the Corps of Engineers. If you have any questions or need additional information, please call Mr. Doug Huggett at 733-9770. Sincerely, . J. OQu' PE A nt Branch Manager r Planning and Environmental Branch BJO/dvh cc: w/attachment Mr. Ken Jolly, COE-Raleigh Ms. Stephanie Goudreau, WRC Mr. John Dorney, NCDEHNR, DEM Mr. John Parker, NCDEHNR, DCM. w/out attachment Mr. Kelly Barger, PE, Program Development Branch Mr. Don Morton, PE, Highway Design Branch Mr. A.L. Hankins, PE, Hydraulics Unit Mr. John L. Smith Jr., PE, Structure Design Unit Mr. Tom Shearin, PE, Roadway Design Unit Mr. W.E. Hoke, PE, Division 11 Engineer Mr. Wayne Fedora, Planning and Environmental Branch Mr. Davis Moore, Planning and Environmental Branch Ashe County Bridge No. 59 on SR 1100 Over North Fork New River Federal Project BRZ-1100(4) State Project 8.2710401 TIP# B-2002 CATEGORICAL EXCLUSION U. S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N. C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: Date L. J. Ward, P.E., Manager FP-,- Planning and Environmental Branch "ate Nic 67as L. Graf, P. E. Jm/tDivision Administrator, FHWA i. . Ashe County Bridge No. 59 on SR 1100 Over North Fork New River Federal Project BRZ-1100(4) State Project 8.2710401 TIP# B-2002 CATEGORICAL EXCLUSION MARCH 1993 Documentation Prepared in Planning and Environmental Branch By: W- `1 a an. R. W. Fedora Sr. Project Planning Engineer %01,1111111111", Oja Yq -h4 Wayne Elliott Bridge Project Planning Engineer, Unit Head SEAL 6916 ' Lubin V. Prevatt, P.E., Assistant Manager V. "0:,% Planning and Environmental Branch Ashe County Bridge No. 59 on SR 1100 Over North Fork New River Federal Project BRZ-1100(4) State Project 8.2710401 TIP# B-2002 I. SUMMARY OF PROJECT Bridge No. 59 is located over North Fork New River, in Ashe County. It is included in the 1993-1999. Transportation Improvement Program (TIP) as a bridge replacement project. The project has been classified as a Federal Categorical Exclusion. No substantial environmental impacts are expected. Bridge No. 59 will be replaced on a new, skewed alignment west of the existing bridge as shown by Alternate 1, Figure 2. The recommended replacement structure is a 300-foot long, 30-foot wide bridge. Approximately 800 feet of new approach roadway will improve the horizontal alignment, providing a 35 mph design speed. The new roadway will have a 24-foot wide travelway and six-foot graded shoulders at approximately the same grade as the existing roadway. Traffic will be maintained on the existing bridge during construction. The estimated cost of the project is $861,000. The estimated cost shown in the 1993-1999 TIP is $726,000. II. SUMMARY OF ENVIRONMENTAL COMMITMENTS All standard procedures and measures will be implemented to avoid or minimize environmental impacts. Less than 0.01 acre of wetlands will be disrupted by the project. Standard sedimentation and erosion control measures and best management practices will be used during construction. Wet concrete will not be allowed to contact stream water. Temporary ground cover (e.g. hardwood mulch, straw, etc.).will be placed on all bare soil during construction. Permanent vegetation will be established at these areas within 15 days of ground disturbing activities. After construction is completed, the existing roadway will be removed, graded to surrounding conditions, and planted with native vegetation. A Section 401 General Water Quality Certification is required. III. EXISTING CONDITIONS SR 1100 is classified as a rural minor collector route in the Statewide Functional Classification System. Near Bridge No. 59, SR 1100 has a 16-foot wide travelway plus four-foot grass shoulders. Vertical alignment is fair. Horizontal alignment is poor because of a near 90 degree turn at the southern end of the.bridge. Bridge grade is 17 feet above stream bottom. 2 Traffic volume is projected at 700' VPD for 1995 (the proposed construction year) and 1200 VPD for 2015. Truck percentages are 12-o truck-tractor semi_trailer (TTST) and 3% dual-tired vehicles. The existing bridge was built in 1930 and has a timber deck on I-beams, a low steel truss, and reinforced concrete (RC) abutments. Total length is 200 feet with a clear roadway width of 11 feet. Bridge No. 59 carries one lane of traffic and has posted load limits of 16 tons SV and 20 tons TTST. According to Bridge Maintenance Department records, the sufficiency rating is 11.6 of a possible 100 with an estimated remaining life of less than five years. Consultation with the Traffic Engineering Branch indicates no accidents occurred at the bridge between 1 February 1989 and 31 January 1992. The Transportation Director for Ashe County Schools indicated four school bus crossings daily (two busses crossing twice each). IV. ALTERNATIVES There are two alternatives for replacing Bridge No. 59. Alternate 1 (Recommended) is to replace the existing bridge with a skewed, 300-foot long, 30-foot wide bridge on new location west of the existing alignment. This alternate will improve the alignment and allow traffic to be maintained on the existing bridge during construction. Based on preliminary design, a design speed of 35 MPH will result. Alternate 2 is to replace the existing bridge with a 230-foot long bridge on new location nearly parallel to the existing alignment. The width of this bridge would vary from 30 feet to 36 feet to, provide for curve widening. Traffic would be maintained on the existing bridge during construction. Based on preliminary design, a design speed of 25 MPH would result. A design exception is required for either alternate. The "do-nothing" alternate is not practical, requiring the eventual closing of the road as the existing bridge deteriorates. 3 V. COST ESTIMATES Table 1 shows the estimated costs of each alternate. Table 1. Cost Estimates RECOMMENDED COMPONENT ALTERNATE 1 ALTERNATE 2 BRIDGE $432,000 BRIDGE REMOVAL 27,000 ROADWAY & APPROACHES 143,900 MOBILIZATION & MISCELLANEOUS 120,100 ENGINEERING & CONTINGENCIES 108,000 $403,300 27,000 162,200 118,500 107,000 TOTAL CONSTRUCTION $831,000 $818,000 RIGHT OF WAY $ 30,000 $ 33,000 TOTAL COST ESTIMATE $861,000 $851,000 VI. RECOMMENDED IMPROVEMENTS Bridge No. 59 should be replaced west of the existing alignment as shown in Alternate 1, Figure 2. Traffic should be maintained on the existing bridge during construction. The recommended replacement structure is a 300-foot long, 30-foot wide bridge. According to a preliminary hydraulics investigation, this size bridge should be adequate to handle flow from the North Fork New River. This size may change after further hydrologic studies. The roadway approaches should have a 24-foot wide travelway plus six-foot graded shoulders. A service road will be constructed to serve the fire department and church as shown in Figure 2. Alternate 1 is recommended because it provides a higher design speed than Alternate 2. Both alternates have approximately equal costs and environmental consequences. The NCDOT Division 11 Engineer recommends replacement on new location as no suitable detour exists to provide the Creston Volunteer Fire Department direct access to NC 88 north of the bridge. 4 ' 1 .1 VII. ENVIRONMENTAL CHARACTERISTICS AND EFFECTS A. Background The project is located in a rural setting east of Creston in Ashe County. It is in the Mountain Physiographic Province. The majority of the study area is used for pasture and agriculture. A narrow fringe of hardwood vegetation borders the North Fork New River. Topography in the area ranges from gently to moderately sloping. Elevation is approximately 2850 feet above mean sea level. B. Plant Communities The disturbed community is maintained and dominated by an herbaceous layer that contains Queen Anne's lace (Daucus carota), Joe-pye-weed (Eupatorium fistulosum), red clover (Trifolium pratense), various grasses and Asteraceous plants. Pasture dominated sites exist north of the river and agricultural dominated sites exist south of the river. The agricultural site is being used for growing Christmas trees (Abies sp.) and tobacco (Nicotiana tabacum). A narrow band of hardwood vegetation occurs on both sides of the river. The canopy is dominated by several hardwood species.such as buckeye (Aesculus octandra), sycamore (Platanus occidentalis), sugar maple (Acer saccharum), black willow (Salix nigra), black locust (Robinia pseudo-acacia), and sourwood (Oxydendrum arboreum). The shrub and herb is dominated by two touch-me-not species (Impatiens alp lids and I. capensis), Joe-pye-weed, sensitive fern (Onoclea sensibilis), and Christmas fern (Polystichum acrostichoides). The ground cover contains poison ivy (Toxicodendron radicans) and Virginia creeper (Parthenocissus quinquefolia). Adjacent to the banks of the North Fork of the New River is a Palustrine Fringe community. This community occurs in channels or depressions in narrow bands that receive periodic flooding. This community supports dogwood (Cornus amomum) and tag alder (Alnus serrulata). Plant community impacts are presented in Table 2. These estimates are preliminary and may change. Table 2. Summary of Anticipated Plant Community Impacts Plant Community AM Alt2 Disturbed 1.6 1.1 Mixed Hardwood 0.1 0.2 Palustrine Fringe 0.1 0.1 TOTALS 1.8 1.4 5 A direct result of construction is vegetation loss. The majority of the study area is dominated by the Disturbed plant community. A narrow fringe of Mixed Hardwood community will be impacted by construction. Construction of Alternate 1 will impact the most vegetation since it is proposed on new location at an angle to the existing bridge. Alternate 2 impacts less vegetation because it is proposed closer to the existing bridge. Efforts will be made to control erosion during construction. C. Wildlife Communities Mammals anticipated in the study area include deer mouse (Peromyscus maniculatus), eastern chipmunk (Tamias striatus), woodchuck (Marmota monax), and white-tailed deer (Odocoileus virginianus). Birds likely to inhabit the study area are house finch (Carpodacus mexicanus), starling (Sturnus vulgaris), red- tailed hawk (Buteo jamaicensis), American kestrel (Falco sparverius), bobwhite (Colinus virginianus), brown-headed cowbird (Molothrus ater), common crow (Corvus brachyrhynchos), common grackle (uiscalus quiscala), Coopoer's hawk (Accipiter cooperii), eastern meadowlark (Sturnella magna), field sparrow (Spizella usilla), mourning dove (Zenaida macroura), and turkey vulture (Cathartes aura). Likely amphibians in the study area include American toad (Bufo americanus), Fowler's toad (Bufo woodhousei), slimy salamander (Plethodon gluttinosus), and Jordon's salamander (Plethodon jordonii). Likely reptiles include eastern fence lizard (Sceloporus undulatus), timber rattlesnake (Crotalus horridus), rat snake (Elaphe obsoleta), brown snake (Storeria dekayi), redbelly snake (Storeria occipitomaculata), eastern garter snake (Thamnophis sirtalis) and eastern box turtle (Terrapene carolina). Fish in the project area include rainbow trout (Oncorhynchus mykiss), brook trout (Salvelinus fontinalis), central stoneroller (Campostoma anomalum), rosyside dace (Clinostomus funduloides), tonguetied minnow (Exoglossum laurae), bigmouth chub (Nocomis platyrhynchus), various shiners (Notropis spp.), Kanawha minnow (Phenacobius teretulus), blacknose dace (Rhinichthys atratulus), longnose dace (Rhinichthys cataractae), creek chub (Semotilus atromaculatus), white sucker (Catostomus commersoni), northern hog sucker (Hypentelium nigricans), rock bass (Ambloplites rupestris), smallmouth bass (Micropterus dolomieui), several darters (Etheostoma spp.), and mottle sculpin (Cottis bairdi). Efforts will be made to minimize erosion into the New River. Construction may impact filter feeders and non-mobile organisms by deposition of soil material and increased sedimentation. Construction equipment and fill placement may have an impact on non-mobile terrestrial organisms, especially on new location sections. After bridge construction is completed, the existing roadway will be removed, graded to surrounding conditions, and planted with native vegetation. This will create new wildlife habitat. 6 D. Soils . Soils information was obtained from the Ashe County Soil Survey (Soil Conservation Service, 1985). Two soil mapping units are located in the study area, Colvard fine sandy loam and Toxaway loam. Colvard fine sandy loam is classified as a soil unit with Hydric Inclusions and Toxaway loam is classified as being all Hydric. Colvard fine sandy loam formed in recent alluvium and is located on nearly level floodplains of major streams. This map unit is well drained. Toxaway loam formed in recent alluvium and is poorly drained. Toxaway loam is also found on floodplains of major streams. E. Water Quality The project is located in the New River Basin. The project crosses the North Fork of the New River. The North Fork New River is approximately 50'- 60' wide and several feet deep. The bottom is composed of gravel and boulder sized materials with lesser amounts of silt and cobble materials. The North Fork New River originates southwest of the study area and flows to the northeast where it joins the South Fork New River to become the New River. Best use classification of the North Fork New River is C (DEM, 1991). Best use recommendations for Class C waters include aquatic propagation and survival, fishing, wildlife, secondary recreation, and agriculture. No High Quality Waters, Outstanding Resource Waters,or waters classified WS-I and WS-II are located in the study area or one mile downstream. The Benthic Macroinvertebrate Ambient Network (BMAN) is part of an ongoing ambient water quality monitoring program. This network addresses long term trends in water quality by measuring the taxa richness and presence of intolerable organisms. These organisms are sensitive to very subtle changes in water quality. No BMAN surveys have been conducted in the North Fork New River in the project area. Sedimentation Control guidelines and Best Management Practices will be implemented prior to construction and maintained throughout the life of the project. Non-point sediment sources will be identified and efforts made to control sediment runoff. F. Waters of the U.S. The Corps of Engineers is responsible for regulating activities in "Waters of the US" based on the following laws: Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403), Section 404 of the Clean Water Act (33 USC 1344), and Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended (33 USC 1413). Any action that proposes to impact "Waters of the US" falls under the jurisdiction of the Corps of Engineers and a federal permit is required. Generally, "Waters of the US" is defined as navigable waters, their tributaries and associated wetlands and subdivided into "wetlands" and "surface waters". 7 Jurisdictional wetlands, as defined'by 33 CFR 328.3, are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated conditions. Criteria for wetland determinations are described in the "Corps of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987). Any action that proposes to place fill into these areas falls under the jurisdiction of the US Army Corps of Engineers under the Provisions of the Clean Water Act (33 USC 1344). Surface waters and wetlands are two subsets of "Waters of the US". Impacts to "Waters of the US" are anticipated from proposed construction. The proposed project will impact "surface waters" of the North Fork New River and a jurisdictional wetland plant community located in the study area. Jurisdictional wetland boundaries were determined from observations of vegetation, soils and hydrology. The vegetation is hydrophytic and the soil color is hydric. The site is located at a depression that drains into the North Fork New River. Table 3 summarizes impacts to Waters of the U.S. These estimates are preliminary and may change with project design. Table 3. Summary of Anticipated Impacts to Waters of the US JURISDICTIONAL WETLAND Site Community AM A1t2 1 Palustrine Fringe <0.01 acres <0.01 acres SURFACE WATERS North Fork New River 0.2 acres 0.1 acres G. Permits Since the project is classified as a Categorical Exclusion, a Nationwide Permit 33 CFR 330.5(a)(23) is likely to be applicable for proposed construction. This permit authorizes any activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another federal agency or department as determined pursuant to the Council on Environmental Quality regulation for implementing the procedural provisions of the National Environmental Policy Act, that the activity, work, or discharge is Categorically Excluded from environmental documentation because it is included within a category of actions which neither individually or cumulatively have a significant effect on the human environment and the Corps of Engineers' office of the Chief of Engineers has been furnished notice of the agency's or department's application for the CE and concurs with that determination. In addition, the project is located in a designated "trout" county. Final permit decision rests with the Corps of Engineers. Ashe County is located within a "Trout" county. The North Fork New River is classified as a Designated Public Mountain Trout Water (under Hatchery Supported 8 Trout Waters) in the study area. The North Carolina Wildlife Resources Commission will not object to the project provided the following conditions are implemented: 1) Construction is implemented so that wet concrete does not contact stream water. 2) Temporary ground cover such. as hardwood mulch or straw is placed on all bare soil during construction and permanent vegetation is established within 15 days of ground disturbing activities. A Section 401 General Water Quality Certification is required for any activity which may result in a discharge and for which a federal permit is required. State permits are administered through the Department of Environment, Health and Natural Resources (DEHNR). Construction is likely to be authorized under a Nationwide Permit. Generally, no mitigation is required according to the MOA between the Corps of Engineers and the Environmental Protection Agency (1989). The final decision rests with the Corps of Engineers. H. Protected Species The US Fish and Wildlife Service (USFWS) and the North Carolina Natural Heritage Program (NCNHP) were consulted to determine if any protected species are located in the study area. Four federally protected species are listed in Ashe County by the USFWS as of August 28, 1992. These are listed in Table 4. Table 4. Federally Protected Species Listed for Ashe County Common Name Scientific Name Status Spreading avens Geum radiatum E Roan Mountain bluet Hedyotis purpurea var. montana E Heller's blazing star Liatris helleri T Virginia spiraea Spiraea virginiana T E - Endangered T - Threatened Spreading avens occurs on scarps, bluffs, cliffs and escarpments on mountains, hills, and ridges. Habitat requirements for this species include full sunlight, high elevations, and shallow acidic soils. The spreading avens is found.in soils composed of sand, pebbles, sandy loam, clay loam, and humus. Most populations are pioneers on rocky outcrops. The study area does not support suitable habitat for spreading avens. No impacts to spreading avens will occur from proposed construction. J Roan Mountain bluet can be found on high elevation cliffs, outcrops, steep slopes, and in the gravelly talus associated with cliffs. It grows best in areas where it is exposed to full sunlight and in shallow acidic 9 soils composed of various igneous, metamorphic, and metasedimentary rocks. The study area does not support suitable habitat for Roan Mountain bluet. No impacts to Roan Mountain bluet will occur from proposed construction. Heller's blazing star is a high altitude early pioneer species and can be found growing on high elevation ledges of rock outcrops in grassy areas where it is exposed to full sunlight. It prefers shallow acid soils associated with granite rocks. The study area does not support suitable habitat for Heller's blazing star. No impacts to Heller's blazing star will occur from proposed construction. Virginia spiraea is found in a very narrow range of habitats consisting of scoured banks of high gradient streams, on meander scrolls, point bars,. natural levees, or braided features of lower reaches. The scour must be sufficient to prevent canopy closure, but not extreme enough to completely remove small, woody species. This species occurs in the maximum floodplain, usually at the water's edge with various other disturbance-dependent species. It is most successful in areas with full sunlight, but can survive in shaded areas until it is released from .competition. The study area supports suitable habitat for Virginia spiraea along the banks of the North Fork New River. Both north and south banks of the river were surveyed by walking in the water along the entire length of the project and downstream of the project. No Virginia spiraea was found. No impacts to Virginia spiraea will occur from proposed construction. Species identified as Threatened, Endangered or Special Concern are afforded state protection under the State Endangered and Threatened Wildlife Species of Special Concern (1987) and the North Carolina Plant Protection and Conservation Act of 1979. No occurrence records of state protected species occur in the project vicinity according to the NCNHP. Although all or some of these species may be present in the study area, no surveys are necessary. I. Farmland The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the impact of land acquisition and construction projects on prime and important farmland soils. These soils are defined by the US Soil Conservation Service (SCS) and are generally those soils which produce the highest crop yield with minimum input of energy and economic resources. The SCS has reviewed the proposed improvement and has determined that no prime or important farmland soils occur in the project area. Therefore, compliance with the act is complete. J. Historic and Archaeological Resources In terms of historic architectural resources, the SHPO reported no National Register-listed properties are located in the area of potential effect. No historic architectural survey was recommended for this 10 project. Creston United Methodist Church is located in the area of potential effect and may be eligible for listing in the National Register. Neither alternate would have an effect on this church. There are no known archaeological sites within the project area. A comprehensive survey was conducted by an experienced archaeologist to identify the presence and significance of archaeological remains. The survey determined that site 31AH28 will be impacted by the project. However, the site is considerably disturbed by modern activities and recovered artifacts lack context. This is the only site located in the project area, and no further archaeological work is necessary. WF/plr FIGURES NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH BRIDGE NO. 59 ON SR 1100 OVER NORTH FORK NEW RIVER ASHE COUNTY T. I. P. NO. B - 2002 0 m1 le FIG. 1 I # t p yt? c Wis. ?. .Coso ZONE X ZONE X Vorth Fork Net, River ZONE X-- North Fork- Nes - ;DB' PROJECT AREA 2861 2852 Cy 2855 co y9 2856 0 C _ `L RM22 k r4P ZONE X \ \\ 2858 ZONE 2857 Three Trip C ek 100-YEAR FLOODPLAIN i i 123. ZONE X - FIGURE 4 APPENDIX ® North Carolina Wildlife Resources Commission 9 512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Wayne Fedora, Planning & Environmental Branch North Carolina Department of Transportation FROM: Stephanie Goudreau, Mt. Region Coordinator Habitat Conservation Program DATE: March 5, 1993 SUBJECT: Scoping comments for replacement of Bridge #59 on SR 1100 over North Fork New River, Ashe County (Federal Project BRZ-1100(4), State Project 8.2710401, TIP #B- 2002) This correspondence responds to a request by you for our scoping comments regarding the replacement of Bridge #59 on SR 1100 over the North Fork New River in Ashe County. The proposed new structure is a 300-foot long bridge with a 30-foot wide travelway located west of the existing bridge. The North Fork New River is Hatchery Supported Designated Public Mountain Trout Water in the project area. The stream provides good habitat for trout. The North Carolina Wildlife Resources Commission (NCWRC) has no objection to this project, provided the following conditions are implemented: 1) Construction must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. 2) Temporary ground cover (e.g. hardwood mulch, straw, etc.) must be placed on all bare soil during construction. Permanent vegetation in these same areas must be established within 15 days of ground disturbing activities to provide long term erosion control. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 704/652-4257. cc: Mr. Joe Mickey, District 7 Fisheries Biologist .......... ..........b 'sTn4 W > 13 C ? \Z '4 ?oC 1% A;1 alb?? ? -? ,, ,. • `? ??? North Carolina Department of Cultural Resources James G. Martin, Governor Patric Dorsey, Secretary May 22, 1992 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Replacement of Bridge No. 59 on SR 1100 over North Fork New River, Ashe County, B-2002, GS 92-0086, 8.2710401, BRZ-1 100(4) Dear Mr. Graf: Division of Archives and History William S. Price, Jr., Director On April 15, 1992, Robin Stancil 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 and for our use afterwards. 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, no National Register-listed properties are located within the area of potential effect. We feel that the four structures over fifty years of age (Bridge No. 59, Site Nos. 4, 6, and 7) within the area of potential effect (as delineated by the North Carolina Department of Transportation) are not eligible for National Register-listing since they are not distinct representatives of their types. Thus, we recommend that no historic architectural survey be conducted for this project. Please note, we feel that Site No. 2, Creston United Methodist Church, is also located within the area of potential effect for this project and may be eligible for listing in the National Register. However, we feel that neither of the alternatives discussed at the scoping meeting would have an effect upon the church. There are no known recorded archaeological sites within the project boundaries. However, the project area has never been systematically surveyed to determine the location of significance of archaeological resources. 109 East ones Street • Raleigh, North Carolina 27601-2807 M Nicholas L. Graf May 22, 1992, Page 2 We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify the presence and significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources should be assessed prior to the initiation of construction activities. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our concerns. 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. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, AJ avid Brook v? Deputy State Historic Preservation Officer. DB:slw cc: . J. Ward B. Church T. Padgett ,f s . 'K DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 December 6, 1993 IN REPLY REFER TO Regulatory Branch Action ID No. 199302696 and Nationwide Permit No. D Mr. Frank Vick Planning & Environmental Branch N.C. Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611 Dear Mr. Vick: vities) J?s r= WET-- D° _a ,6 _ .. , ER UFiLITY ?EC;;'':r Reference is made to your letter of November 8, 1993, regarding your plans to discharge dredged/fill material into the waters/wetlands of the North Fork New River, associated with foundation test borings included with the replacement of Bridge No. 59, SR 1100, Creston, Ashe County, North Carolina, TIP No. B-2002. Reference is also made to Mr. Joe Mickey's letter of November 16, 1993, in which the North Carolina Wildlife Resources Commission expressed no objections to the aforementioned test borings. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits (NWP). Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for survey activities including core sampling, seismic exploratory operations and plugging of seismic shot holes and other exploratory-type bore holes. Special regional conditions of this NWP state that before discharging dredged or fill material into waters of the United States occurring within the twenty-five mountain counties of North Carolina that contain trout waters, the applicant will obtain a letter of approval from the North Carolina Wildlife Resource Commission. Review of the information you have provided, and the comments submitted by the North Carolina Wildlife Resources Commission, reveals that your proposed work, is authorized by NWP provided it is accomplished in strict accordance with the enclosed conditions and the recommendations set forth by the Wildlife Resources Commission. This NWP does not relieve you of the responsibility to obtain any required State or local approval. You should contact Mr. John Dorney at telephone (919) 733-5083 regarding water quality certification. This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Also, this verification will remain valid for the 2 years if, during that period, f Q -2- the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the NWP, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Thank you for your time and cooperation. If you have any questions, please contact Mr. John Thomas, Raleigh Regulatory Field Office, telephone (919) 876-8441. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -3- Copies Furnished (without enclosure): Dr. Charles Brouton North Carolina Department of Transportation Planning and Research Branch Post Office Box 25201 Raleigh, North Carolina 27611 Mr. Doug Miller Land Quality Section North Carolina Department of Environment, Health and Natural Resources 8025 North Point Boulevard Suite 100 Winston-Salem, North Carolina 27106 Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Kr . John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Regional Office Manager North Carolina Department of Environment, Health and Natural Resources 8025 North Point Boulevard Suite 100 Winston-Salem, North Carolina 27106 Mr. Stephanie Goudreau Habitat Conservation North Carolina Wildlife Resources Commission 512 North Salisbury Street Raleigh, North Carolina 27611 Mr. Joe Mickey, Jr. Division of Boating & Inland Fisheries Route 2, Box 278 State Road, North Carolina 28676 ® North Carolina Wildlife Resources Comntsio `rt "? 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director Original signed by Joe Mickey , ..::