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HomeMy WebLinkAbout19930150 Ver 1_Complete File_20100726State of North Carolina Department of Environment, "Av Health and Natural Resources A ?. Division of Environmental Management -?I James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N A. Preston Howard, Jr., P.E., Director April 5, 1994 Mr. H. C. Reed, Jr N.C. DOT P.O. Box 275 Marion, N.C. 28752 Dear Mr. Reed: Subject: Proposed fill in Wetlands or Waters Temporary access fill; Bridge No. 56, US 221A Rutherford County DEM Project #93150 We have reviewed your request for 401 Water Quality Certification to place fill material in 0.1 acres of wetlands or waters which are tributary to Second Broad River for temporary access located at Bridge 56, Us 221A in Rutherford County as described in your submittal dated 5 April 1994. Based on this review, we have determined that the proposed fill is covered by General Water Quality Certification No. 2727. A copy of the General Certification is attached. This Certification is necessary for coverage under Corps of Engineers' Nationwide Permit No. 33. This action completes DEM's review under Section 401 of the Clean Water Act. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be final and binding. If you have any questions, please contact John Dorney at 919-733-1786. Sincerely, A. Reston Howard, Jr. P.E. 93150.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Dorney Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper 0.1%05/94 09.35 'a704 652 1620 H.C. Reed. Jr. RESIDENT ENGINEER P. 0. BOX 275 MARION, N. C. 28752 IpJUU1 401 iss(jeD FAQ{ TRANSMITTAL COVER SHEET PLEASE DELIVER THE FOLLOWING ^ Z?_ PAGE$ TO: FAX#:_6LUIZZ?I1ZZf- zz? ---------- ------ FRO14: H_C. REED,,IR.,PE FAX# 704-652--1620 0 z 01/05.91 09:55 $701 653 1630 H.C. Reed, Jr. ?Ib w? rvl x ' ? a 6 0 N z Z1 N 6 lrqx wi uu? h7 Eb LA n A ? R o o ._ WIN a io -rft ? r 1 q ? N 1 ba. ? N? ? ? ! z 4 ! m -n cm o ? 1 4 m O ? 1 . ? X ?c - - ^rn?r ?o . 141 4 ti$ A b-. s F} 1 a? all 'Al ? k 0 1 \ v N b V ? ? ? N O v nl F `? ?; 'p I+ T Ci `N? N,b„ O nl 1'1 ?' ? ti? b p ppr ? /J? ?O O IjS p ? x? ! b ?i ?\ O ? ?U V _ ?h1 "I ?~1V ? w f? ti ? o t^'' G r? n Y u?i O nl 1 F r r±?? A. vl (h :b C T S? 1<w ?n e: f? ?rh< V IL O ? • UfV h U H x rn N -p v > L z ?' p Fri ? _ 1 ?' 2 f+ t DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch May 6, 1993 Action ID. 199302104 and Nationwide Permit No. 23 (Approved Categorical Exclusions) Mr. L. J. Ward Planning and Environmental Branch N.C. Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Ward: W1 T1 Thank you for your inquiry of February 17, 1993, regarding your plans to replace Bridge No. 56 over the Second Broad River on U.S. Highway 221A (State Project 8.1890201) near Henrietta, Rutherford County, North Carolina. 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 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. Your work is authorized by this NWP provided it is accomplished in strict accordance with the enclosed conditions. Please be reminded that temporary construction and access fills below the ordinary high water line of the river by the contractor will require additional authorization under other nationwide or regional general permits. This NWP does not relieve you of the responsibility to obtain any required State or local approval. You should contact Mr. John Dorney, N.C. Division of Environmental Management, at telephone (919) 733-1786 regarding state water quality certification for this work. This verification will be valid for 2 years from the date of this letter unless the NWP authorization is modified, reissued, or revoked. Also, this w rc +w Mill 1111M It -V 17 7F 77' verification will remain valid for the 2 years if, during that period, 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. Questions or comments may be addressed to Mr. Steven Lund, Asheville Field Office, Regulatory Branch, telephone (704) 259-0857. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post office Box 27687 Raleigh, North Carolina 27611-7687 Mt. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 ,rwu - Y s STATE OF Nom-i I C,AI (01.1 NA DEPARTMENT OF TRANSPORTATION InMI R. III NI IR DIVISION 01 11161 IWAYS SAM I IUNI (AWI RN(?R SI.CRI IAIIY P.O. ItiOX 25201, IiAI-f 1CIl I. N.C. )7h11-52(11 February 17, 1993 District Engineer 2 3 )93 Army Corps of Engineers P. 0. Box 1890 Wilmington, North Carolina 28402 WETLANDS GROUP WATER I ITY SECTION ATTENTION: Regulatory Branch j- Dear Sir: Subject: Rutherford County, US 221A, Bridge No. 56 over Second Broad River, State Project No. 8.1890201, Federal Aid No. BRS-8206(7), T.I.P. Number B-1377. Attached for your information is a copy 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 23 CFR 771.115(b). The Corps of Engineers authorized this project under this nationwide permit by letter dated December 16, 1992. This authorization was given with the concurrence of the N.C. Wildlife Resources Commission. 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. If you have any questions or need additional information, please call Gordon Cashin at 733-9770. Sine ly, B . Quinn ,./ Assistant Manager Planning and Environmental Branch BJO/gec Attachment cc: Mr. Steve Lund, COE, Asheville fir': John Dorney, P.E., DEHNR, DEM Mr. Kelly Barger, P.E., Program Development Branch Mr. Don Morton, P.E., State Highway Engineer-Design Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. John L. Smith, Jr, P.E., Structure Design Unit Mr. Tom Shearin, P.E., State Roadway Design Engineer Mr. W. D. Smart, Division 13 Engineer Mr. Davis Moore, Planning and Environmental Branch F US 221A, Rutherford County Bridge No. 56 over Second Broad River State Project No. 8.1890201 Federal-Aid Project BRS-8206(7) B-1377 i CATEGORICAL EXCLUSION U. S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N. C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 1 APPROVED: to Z.. P. E., Manager `'Planning and Environmental Branch, NCDOT ?3 Z G Date Nic o Gra , E. ,Fag Division Administrator US 221A, Rutherford County Bridge No. 56 over Second Broad River State Project No. 8.1890201 Federal-Aid Project BRS-8206(7) B-1377 CATEGORICAL EXCLUSION August, 1992 Documentation Prepared in Planning and Environmental Branch By: 61mj Z?. on?J? Angela H. S it Project Planning Engineer Linwood Stone Urban Pro'ect Planning Engineer, Unit Head H. ra in V1c , P. E. Assistant Manager of Planning and Environmental .•`??tH C %, NNLi% US 221A, Rutherford County Bridge No. 56 over Second Broad River State Project No. 8.1890201 Federal-Aid Project BRS-8206(7) B-1377 Bridge No. 56 has been included in the Federal-Aid Bridge Replacement Program. The location is shown in Figure 1. No significant environmental impacts are anticipated. The project has been classified as a Federal "categorical exclusion." I. SUMMARY OF RECOMMENDATIONS Bridge No. 56 should be replaced on new location approximately 40 feet north of the existing bridge as shown by Alternate 2 in Figure 2. A new bridge with a length of 365 feet and a width of 35 feet is recommended. This width will accommodate a 24-foot roadway with a 3-foot shoulder on the north side and an 8-foot shoulder on the south side to accommodate pedestrian and bicycle traffic served by the sidewalk on the existing bridge. Approximately 800 feet of approach work will be required (300 feet to the east and 500 feet to the west of the new bridge). The approach roadway will consist of a 24-foot pavement with 8-foot graded shoulders. A minor detour on the west approach will be necessary to maintain traffic on-site, since construction of the new bridge will require additional fill material on the existing approach roadway. Traffic will be maintained on the existing bridge during the construction period. The bridge will be removed upon completion of the project. Estimated cost of the project based on current prices is $ 1,499,000. The cost contained in the 1992-1998 Transportation Improvement Program is $ 1,367,000 ($ 20,000 is listed as prior years cost). Right o way acquisition is scheduled for fiscal year 1993 and construction for fiscal year 1994. All standard procedures and measures will be implemented to avoid and minimize environmental impacts. The approach roadbed to the existing bridge will be removed and graded to the surrounding ground elevation to promote regeneration of natural hydrologic conditions. Best management practices will be followed to minimize erosion, siltation, and runoff. II. EXISTING CONDITIONS The project is located in the town limits of Caroleen (see Figure 1). Development in the area is predominantly residential surrounding the Burlington Industries Plant located just east of the bridge. US 221A is classified as a rural major collector route in the Statewide Functional Classification System and is part of the Federal-Aid Secondary System (FAS-8206). In the studied area, US 221A is the only facility that crosses the Second Broad River (see Figure 1). The subject bridge is located in the suburban area of Caroleen. In the vicinity of the bridge, US 221A has a 22-foot pavement with variable width shoulders. Horizontal alignment is fair with curves varying from 1 to 8 degrees (the sharpest curve is located immediately west of the existing bridge). The west approach is on a steep downgrade toward the bridge while the east approach is slightly sloping. The roadway is situated about 50 feet above the river bed. The existing bridge (see Figure 3 for photographs), constructed in 1932, consists of reinforced concrete deck girders supported by a reinforced concrete substructure. The overall length of the existing structure is 345 feet with a clear roadway width of 20 feet. A 5-foot sidewalk is located along the south side of the bridge. At present the bridge is not posted but a "narrow bridge" warning sign is posted on the bridge approaches. Bridge #56 has a sufficiency rating of 33.9 compared to a rating of 100 for a new structure. This sufficiency rating is below the minimum criteria of 50.0 required for replacement with Federal-Aid Bridge Replacement funds. No utilities are attached to the existing structure. However, a 14-inch water line is located along the eastern bank of the Second Broad River and carries water from the dam to the Burlington Plant for fire protection. The water line has an approximate cover of 3 feet and manholes located 200 feet apart. The only other utilities in the area include aerial power and telephone lines located along both sides of the road. The current traffic volume of approximately 5500 vehicles per day (vpd) is expected to increase to approximately 10200 vpd by the year 2015. The projected volume includes 2% truck-tractor semi-trailers (TTST) and 6% dual-tired vehicles (DTT). The existing speed limit is 35 mph increasing to 45 mph upon crossing the bridge heading west. Two accidents were reported in the vicinity of bridge No. 56 from May 1986 thru April 1990. Between four and six school buses cross the studied bridge daily. III. ALTERNATIVES Two alternative alignments were studied for replacement of Bridge No. 56. Both alternates consist of a bridge 365 feet long and 35 feet wide. The structure width will accommodate two 12-foot lanes, one 3-foot shoulder on the north side, and one 8-foot shoulder on the south side. The approach roadway will consist shoulders on both sides. A typical roadway is shown by Figure 4. The shown in Figure 2 and are described of a 24-foot travelway with 8-foot section of the structure and approach alternative alignments studied are as follows: Alternate 1 involves replacement of the bridge along the existing roadwayarnment. This alternate calls for maintaining traffic during construction with a temporary detour bridge constructed immediately north of the existing bridge. The detour bridge would have a width of 30 feet and a length of approximately 365 feet. Alternate 2 (Recommended) provides a new bridge immediately north (approximate y 40 feet) of the existing bridge (see Figure 2) and requires approximately 300 feet of approaches to the east and 500 feet of approaches to the west of the new bridge. Traffic would be maintained on the existing bridge during construction. In addition to the studied alternative alignments, consideration was given to the "do-nothing" and the "rehabilitation" alternatives. The "do-nothing" alternative will eventually require closing the bridge. Closure is not feasible due to the traffic service provided by US 221A. "Rehabilitation" of the existing bridge is not feasible. Although the substructure appears to be in good condition, design loadings have increased since construction of the original structure. The substructure of the existing bridge may not provide adequate support. It would also be difficult to maintain traffic during the rehabilitation. The division engineer recommends that an on-site detour be provided during the construction period since no convenient detour routes are available. The division office also recommends that an 8-inch edge line be used (instead of the regular 4-inch) to mark the 8-foot pedestrian/ bicycle shoulder as it will be more visible to motorists. The Rutherford County School Bus Supervisor also indicates that maintenance of traffic on-site during construction of the replacement bridge is desirable. IV. ESTIMATED COSTS Estimated costs of the two studied alternatives are as follows: Alternative 1 ROADWAY APPROACHES STRUCTURES STRUCTURE REMOVAL TEMPORARY DETOUR APPROACHES DETOUR STRUCTURE ENGINEERING & CONTINGENCIES RIGHT OF WAY, UTILITIES TOTAL 79,000 723,000 55,000 162,000 263,000 192,000 80,000 1,5, 000 (Recommended) Alternative 2 $ 243,000 723,000 55,000 0 0 153,000 325 000 $ 1,4999000 4 V. DISCUSSION OF RECOMMENDED IMPROVEMENTS Bridge No. 56 should be replaced on new location immediately north of its present location, as shown by Alternate 2 in Figure 2. The recommended replacement structure is a bridge having a length of 365 feet and a width of 35 feet. This width will accommodate a 24-foot travelway with a 3-foot shoulder on the north side and an 8-foot shoulder on the south side to accommodate pedestrian and bicycle traffic served by the sidewalk on the existing bridge. Traffic will be maintained on the existing structure during the construction period. The recommended improvement will include approximately 300 feet of new approach roadway to the east and 500 feet of approach roadway to the west. A 24-foot pavement with 8-foot useable shoulders should be provided on the approaches. A 35-foot clear roadway width is recommended on the replacement structure. Both of the studied alternates provide the same design speed and level of traffic service. Alternate 2 (recommended) results in a cost savings of approximately $ 55,000 based on preliminary costs. The Hydrographics Unit recommends a structure with a length of approximately 365 feet. It is anticipated the elevation of the new bridge will be approximately equal to the floor elevation of the existing bridge on the east side, and approximately 8 feet above the existing bridge elevation on the west side. The length and height may be increased or decreased as necessary to accommodate peak flows as determined by further hydrologic studies. It will be necessary to acquire some additional right-of-way on the west approach to construct the new bridge. Additional preliminary studies indicate it may be possible to shorten the proposed bridge by approximately 60 feet. The shortened structure would provide a cost savings of approximately $66,000 (these estimates were provided by the Hydraulics Unit). In order to reduce the length of the proposed structure, the abandoned mill raceway would be backfilled. Filling the mill raceway may adversely affect maintenance and repair access to the 14-inch pipe that is located between the mill raceway and the channel. The pipe presently provides fire protection to the mill complex. The entire mill complex was evaluated for historic significance and determined to be ineligible for listing in the National Register of Historic Places by the SHPO (see letter dated June 18, 1992 in the Appendix). Although the mill building has been significantly altered, the mill raceway component has maintained its historical /archaeological integrity. The raceway is in excellent condition and although not eligible for the National Register, it is a prominent historic feature in the area. These factors should be considered before backfilling the mill raceway. A study has been completed on another bridge (Project B-1376) located just west of the proposed project. It is proposed to replace the existing bridge with a box culvert at the existing location. Construction is 5 scheduled to begin in 1995 according to the 1992-1998 Transportation Improvement Program. Projects B-1377 and B-1376 are of sc e u e or construction in 1995, and should be built concurrently to minimize construction costs and traffic disruption. VII. ENVIRONMENTAL EFFECTS The proposed bridge replacement project is not expected to have a significant adverse impact on the human or natural environment. Replace- ment of an inadequate bridge will result in safer traffic operations. Consequently, the project is considered to be a Federal "categorical exclusion". Social Environment No adverse impact on families or communities is anticipated. Right-of-way acquisition will be limited. No relocatees are anticipated as a result of the proposed project. 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. Land Use The project is not in conflict with any plan, existing land use, or zoning regulation. No significant change in land use is expected to result from construction of the project. Ecological Resources The northward shift of the proposed bridge approaches will impact segments of two highly modified forested slopes which can generically be described as Disturbed Mixed Hardwood Communities. One of these cut-slope communities is located immediately west of and above the river basin, bordering the north side of the existing approachway. The proposed western approach will result in regrading of this cut-slope. The second community is found on the east side of the river immediately above and below the old service road which parallels the east side of the river. Young to mid-age specimen of water oak (Quercus nigra), scarlet oak (Q. coccinea), white oak (Q. alba), willow oak (Q. phellos), hickory (Carya sp.) and sycamore (Platanus occidentalis) comprise the canopy stratum. Subcanopy components include sourwood (Oxydendron arboreum), black cherry (Prunus serotina), red maple (Acer rubrum), Virginia pine (Pinus virginiana) and redbud (Cercis canadensis). Chickasaw plum (Prunus angustifolia), privet (Ligustrum sinense) and multiflora rose (Rosa multiflora) constitute the shrub layer, while cross-vine (Anisostichus capreolata), wild grape (Vitis sp.), greenbriar (Smilax rotundifolia) and Japanese honeysuckle (Lonicera japonica) are vines which are found in the subject community. Joe-Pye weed (Eupatorium fistulosum), cudweed (Gnaphilium sp.), aster (Aster sp.), mullein (Verbascum thapsus), kudzu (Pueraria lobata), bear-grass (Yucca filamentosa), plaintan (Plantogo lanceolata), wild onion (Allium canadense), sorrel (Oxalis sp.), bermuda 6 grass (Cynodon dactylon) and fescue (Festuca sp.) ar groundcover/herbaceous flora herbaceous species occur in growing season, but only a mid-November. in these plant communities. Numerous other these areas during various portions of the relative few species are apparent in e among the The riparian community is comprised of the aggregate of plants which are concentrated in zones immediately adjacent to Second Broad River. This community is concentrated on the relatively narrow terraces above the river and on the slopes which rise immediately from the river's edge. These slopes are about 20 feet above the river and relatively steep (2:1). Concentrations of river birch (Betula nigra), sycamore, box elder (Acer negundo), ash (Fraxinus sp.), white walnut (Juglans cinerea), water oak and sweetgum (Liquidambar styraciflua) occur on both sides of the river. Japanese honeysuckle, kudzu, elderberry, thickets of privet, poison ivy (Toxicodendron radicans), clematis (Clematis sp.), raspberry (Rubus sp.), goldenrod (Solidago sp.) and ammomum dogwood (Cornus ammomum) are examples of the dominant species in this riparian zone. Anticipated impacts to plant communities are likely to be offset by opportunities to reestablish vegetation in areas occupied by existing approaches and abutment backfills. Table 1. Estimated Impacts to Plant Communities PLANT COMMUNITY ESTIMATED IMPACT Disturbed Mixed Hardwood 0.6 Disturbed Scrib-Shrub 0.4 Riparian Fringe 0.2 Total 1.2 Note: Values reported are in acres, based upon impact widths o 80 eet. The proposed action does not pose a significant threat to terrestrial fauna. These areas, considered highly modified and disturbed, are attractive to a range of opportunistic wildlife which experience increased fitness in these areas. Their adaptive behavior has enabled them to enjoy a relatively safe existence at the fringes of man's domain, often cohabiting the same structures (rodents, owls, barn swallows, lizards, etc.). Impacts to these habitat zones are not likely to be severe in terms of diminishing populations, etc. Some temporary fluctuation in populations of animal groups which utilize these areas is anticipated during the course of construction, but post-project levels are expected to return to normal after the existing bridge is removed and habitat zones are restored to normal. Slow-moving, burrowing and/or subterranean organisms will be directly impacted by construction activities, while mobile organisms will be displaced to adjacent communities. Competitive forces in these adoptive communities will result in a redefinition of population equilibria. The proposed action is likely to have substantial effects on the aquatic ecosystem unless strict enforcement of sedimentation control measures are observed. Demolition activities are likely to place sediment into the water column, as will pier/end bent installation activities. Sediment-loading of the stream channels by such activities can be harmful to local populations of aquatic organisms, trout and bream (or sunfish), as well as invertebrates such as molluscs, crustacea and insect larvae, important parts of the aquatic food chain. Wetlands No wetlands are expected to be affected by this project. Potential impacts to Second Broad River include: increased sedimentation from construction-related erosion; changes in ambient water temperature and incidence of light due to elimination of adjacent vegetation. Although these are viewed as temporary impacts, poorly managed application of sedimentation control policies can result in serious consequences to the aquatic environment. Best management practices and stringent sedimentation controls will be applied during construction of this facility. Surface Water and Water Quality The Second Broad River is characterized as having Class "C" suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, agriculture, and uses requiring waters of lower classification. Neither direct nor indirect impacts to Outstanding Resource Waters (ORW), High Quality Waters (HQW), or Water Supply Classifications WS-I/WS-II will occur as a result of the proposed action. In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C 1344), the U.S. Army Corps of Engineers (COE) has primary responsibility for reviewing actions which propose to place fill into "waters of the United States". Jurisdictional ly, surface waters and wetlands are subsets of "waters of the United States". The Division of Environmental Management (NCDEHNR) also has a jurisdictional role under Section 401 of the Clean Water Act. Section 401 Permits, when required, must be issued prior to authorization of any Section 404 Permit by the COE. In keeping with the 404(b)(1) guidelines of the Clean Water Act of 1977, the U.S. Environmental Protection Agency (EPA)/COE Memorandum of Agreement (MOA), effective February 1990, and aspects of Executive Order 11990, projects should be designed to avoid wetland encroachment wherever possible; to minimize wetland impacts when avoidance is not possible; and to mitigate wetland losses when necessary. Since the river within the study area lies in one of the 25 "trout" counties, the NCWRC has reviewed the proposed action and concurs under Section 404 of the Clean Water Act. 8 The COE's Discretionary Authority in Designated Trout Waters in NC was established on March 27, 1989 and amended on January 22, 1992. This policy has resulted in overriding certain Nationwide General Permits, including 33 CFR 330.5 (a)(23), the Categorical Exclusion Nationwide. It requires instead authorization under an Individual Permit or by a Regional General Permit. Either permit provides for the review of the proposal and for the identification of appropriate measures to preclude or minimize adverse impacts on trout waters. Although, as mentioned, the COE can require an Individual Permit for such actions, it is more likely that they will authorize the proposed action under Bridge Replacement General Permit SAWC082-N-000-0031. DOT has coordinated with the NCWRC and received approval. (See letter dated July 29, 1992 in Appendix). The only jurisdictional surface waters in the study area are the "waters of the U.S." represented by the bank-to-bank channel of Second Broad River. The area of involvement, a distance of approximately 100 feet, is subject to impacts, including placement of fill. No channel realignment is anticipated and no fill will be purposely placed in the stream during proposed construction and demolition activities. This surface water system is designated as Riverine-Upper Perennial- Unconsolidated Bottom-Cobble/Gravel- Permanently Flooded (R3UB1H) in "Classifications of Wetlands and Deepwater Habitats of the United States" (Cowardin et al, 1979). Since the proposed action is a bridge replacement, a water-dependent activity, and since no wetlands are likely to be impacted by the proposed action, the action is in keeping with the policies cited above. Since no reduction in wetlands will result from the proposed action, no compensatory mitigation will be required. Threatened and Endangered Species Federally Protected Species Under federal law, any action, which has the potential to result in a negative impact to federally-protected plants or animals, is subject to review by the USFWS (and/or the National Marine Fisheries Service), under one or more provisions of the Endangered Species Act (ESA) of 1973, as amended. The USFWS and other wildlife resource agencies also exercise jurisdiction in this resource area in accordance with the Fish and Wildlife Coordination Act of 1979 (50 CFR 410). North Carolina laws are also designed to protect certain plants and animals, which are endemic to North Carolina and/or whose populations are in severe decline. As of January 30, 1992, four federally protected species are listed by the USFWS for Rutherford County (Table 2). Table 2. Federally Protected Species in Rutherford County SCIENTIFIC NAME COMMON NAME STATUS *M otis sodalis Indiana bat E Falco ere nus peregrine falcon E S s rinc ium ichotomum white irisette E Hexasty is nani ora dwarf-flowered heartleaf T "E" and "T" denote Endangered (a taxon that is threatened with extinction throughout all or a significant portion of its range) and Threatened (a taxon that is likely to become endangered in the foreseeable future). * denotes that no specimens have been reported from Rutherford County for more than 20 years. Indiana Bat Federally Endangered E The Indiana bat is a member of the family Vespertilionidae, a taxonomic group which includes two other Endangered bats known to occur in North Carolina, the gray bat, M. griscecens, and the Virginiana big-eared bat, Plecotus townsendii virginianus. This rare species is confined to mountain habitat. Only a handful of verified records of this species occurring in N.C. are known. Its presence on the Tennessee side of the Great Smoky Mountains is well-known. Although this bat prefers caves for roosting, only one of the confirmed sightings of roosting bats in N.C. was in a cave. Based upon an absence of suitable habitat in the project area and based upon an absence of compelling evidence that this species is a permanent resident of North Carolina, the proposed action will not impact this organism. Peregrine Falcon Federally Endangered E The peregrine is a medium-sized hawk, slightly larger than a crow. The species is found throughout the U.S., whereas the Arctic anatum and ep alei subspecies are more restricted in their ranges. Two key a itat requirements of this bird are cliffs for nesting and open county for hunting. In North Carolina a small breeding population of this subspecies was known to nest in the mountains prior to the DDT era. The last known nest in the state was abandoned in 1957. However, birds of the anatum subspecies and peeal?ei and their interbred offspring that were later introduced are nk own to occur in North Carolina Nest sites located in Surry County, near Pilot Mountain. The NCWRC has begun a falcon release program in the state, which has released over 63 birds since 1984. Based upon what is known about suitable habitat for the bird, it is unlikely that the falcon will occupy or utilize any portion of the study area. No impacts to this species will result from project construction. 10 White Irisette Federally Endangered E The white irisette is a perennial herb and a member of the iris family (Iridaceae). Its dichotomously branching stems grow approximately 11 to 20 centimeters tall. The basal leaves, usually pale to bluish green, are from one - third to one-half the height of the plant. The tiny (7.5 millimeters long) white flowers appear from late May through July in clusters of four to six at the ends of winged stems. The fruit of this species is a round, pale to medium brown capsule containing three to six round or elliptical black seeds. Si s rinchi uumm di chotomum is endemic to the upper piedmont of North Carolina, where it is currently known from three locations in Polk, Rutherford, and Henderson Counties. It occurs on rich, basic soils probably weathered from amphibolite. It grows in clearings and the edges of upland woods, where the canopy is thin and often where down-slope runoff has removed most of the deep litter layer ordinarily found on these sites. Disturbance of some type is required to maintain the open quality of this species habitat. Artificial disturbances such as utility and highway right of way maintenance, are maintaining some of the openings that may have been provided historically by grazing animals and naturally occurring, periodic fires. Suitable habitat of this type exists in the study area. A field visit and survey for white irisette along the roadsides and exposed areas in the project site was conducted on July 1, 1992. No white irisette plants were found. It can be concluded that the project will not impact the white irisette. Dwarf-flowered Heartleaf Federally Threatened T A rare, low-growing herbaceous member of the birthwort family with heart-shaped, evergreen leaves. The plant flowers from March-June, producing small, jug-shaped, brownish flowers at the base of the petioles. The inflorescence usually is not seen until the overlying leaf litter layer is removed. Only 24 populations of this plant had been confirmed by 1988. In North Carolina, eleven populations are known in Cleveland, Catawba, Burke, Rutherford, and Lincoln Counties. This plant is best suited to acidic bluffs and adjacent slopes, in boggy areas next to streams and creekheads and along the slopes of nearby hills. Although suitable habitat for this species does occur in the study area of the project, methodical, plant-by-plant surveys in the study area and adjacent areas confirmed that no Hexastylis species occur there. No impacts to this species will occur. In addition to these protected species, the USFWS lists 8 other Candidate species (Table 3), which, although not currently protected by law, may be listed as protected in the near future. It is possible that one or more species may become listed as Endangered, Threatened or Proposed prior to the completion of the project. In this event, NCDOT 11 would be responsible for determining whether the proposed action has the potential for impacting the newly listed species. Table 3 lists these species and indicates whether suitable habitat for these species occurs in the study area. Table 3. Federal Candidate Species for Rutherford County SCIENTIFIC NAME COMMON NAME STATUS HABITAT M otis subulatus leibii eastern small-foot bat C2 No Den roica ceru ea cerulean warbler C2 No *Ane-ides aeneus green salamander C2 Yes Gymnodeerma lineare - rock gnome lichen C2 Yes *Nestronia umbeTTu Ta nestronia C2 Yes Sari raga carom ana Gray's saxafrage C2 Yes Se ud m usi um Puck's orpine C2 No Senicio mi a olium Gray's saxifrage C2 Yes C2 denotes a taxon for which there is some evidence of vulnerability, but for which there are not enough data to support listing as Endangered or threatened at this time. Listing is warranted but precluded by other pending proposals of higher priority; * denotes that no specimens have been reported from Rutherford County for more than 20 years. State Protected Species Plants or animals with state designations of Endangered, Threatened, or Special Concern (SC) are granted protection by the State Endangered Species Act (G.S. 113-331 to 113-337) and the State of NC Plant Protection and Conservation Act of 1979 (G.S. 196:106-202.12 to 106-202.19), administered and enforced by the NC Wildlife Resources Commission and the NC Department of Agriculture, respectively. Records at the NC Natural Heritage Program (NCNHP) were inspected but no recorded sightings of protected species have been made for the study area or vicinity. Of the species listed in Tables 2 and 3, the following are designated as protected by the state of North Carolina. 12 Table 4. State Protected Species in Rutherford County SCIENTIFIC NAME Myot s sodalis _M o?tiss_ s?us leibii Falco pereq us *Anei es aeneus Gvmno erm neare Hexast is naniflora Sedum usi l uUm Sen cioo molium Sis? yrinchium i3 c' hotomum COMMON NAME STATUS HABITAT Indiana bat E No eastern small-foot bat SC No peregrine falcon E No green salamander E No rock gnome lichen T No dwarf-flowered heartleaf E Yes Puck's orpine E No Gray's saxifrage T No white irisette E Yes "E", "T" and "SC" denote Endangered (any native or once-native species of plant or animal whose continued existence as a viable component of the State's fauna or flora is in jeopardy), Threatened (any native or once-native species of plant or animal which is likely to become an Endangered species in the foreseeable future) and Special Concern (any species of plant or animal which require population monitoring, but which may be collected and/or sold under specific regulations). * denotes that no specimens have been reported from Rutherford County for more than 20 years. Based upon the investigations conducted, only one species, among those listed by the USFWS, has any potential for occurring in the study area of the proposed action. Field surveys were conducted during the May-July flowering period, and it was determined that the project would not impact the white irisette. According to the Natural Heritage Program, the Santee chub H bo sis zanema has been found downstream from the proposed project near C i side. It can also be expected to occur closer to the project given the presence of suitable habitat in this vicinity. Although this species is not protected by any state or federal law, best management practices should be followed for the control of erosion, siltation, and runoff to minimize any adverse impacts resulting from earth moving and construction associated with the project. Cultural Resources The project does not involve any Section 4(f) properties. There are no publicly owned parks, historic sites, recreational facilities, or wildlife and waterfowl refuges of national, state, or local significance in the vicinity of the project. This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. Section 106 requires that 13 if a federally-funded, licensed, or permitted project has an effect on a property listed on or eligible for the National Register of Historic Places, the Advisory Council on Historic Preservation be given an opportunity to comment. Photographs, maps, and information about the area of potential effect (APE) were provided by DOT and reviewed with the State Historic Preservation Office (SHPO). SHPO requested more information and photos from DOT. After reviewing the additional information and photos, SHPO concurred with DOT that the mill complex in question is not eligible for the National Register and that there are no National Register listed or eligible properties located within the APE. (See correspondence dated June 18, 1992, included in the Appendix). There are no anticipated impacts to archaeological resources as a result of constructing this project. Since there are no properties either listed in or eligible for the National Register in the APE, no further compliance with Section 106 is required. Air Quality and Traffic Noise Analysis The project is located within the Eastern Mountain Air Quality Control Region. The ambient air quality for Rutherford County has been determined to be in compliance with the National Ambient Air Quality Standards. Since this project is located in an area where the State Implementation Plan (SIP) does not contain any transportation control measures, the conformity procedures of 23 CFR 770 do not apply to this project. The project will not substantially increase traffic volumes along the facility and no additional through travel lanes will be added. The 67 dBA contour is located inside of the right-of-way of the proposed project. Due to these factors, the proposed traffic characteristics and the location of the receptors, the project's impact on noise and air quality will be insignificant. If vegetation is disposed of by burning, all burning shall be done in accordance with applicable local laws and regulations of the North Carolina SIP for air quality in compliance with 15 NCAC 2D.0520. This evaluation completes the assessment requirements in Title 23 of the Code of Federal Regulations, Part 772 (highway traffic noise) and Part 770 (air quality) and no additional reports are required. Floodplain Involvement Rutherford County is a participant in the National Flood Insurance emergency program. The approximate 100-year floodplain in the project area is shown in Figure 5. The amount of floodplain area to be affected is not considered to be significant. 14 There are no practical alternatives t Any shift in alignment would result in a magnitude. The alignment of the project floodplain area. All reasonable measures possible harm. Farmland o crossing the floodplain area. crossing of about the same is perpendicular to the will be taken to minimize any This project has been coordinated with the U. S. Soil Conservation Service (SCS). The Farmland Protection Act requires all federal agencies or their representatives to consider the impact of construction and land acquisition projects on prime and important farmland soils as defined by the U. S. Soil Conservation Service. Information regarding the location of prime or important farmland soils was requested from the SCS for the project area. Since the modern soil survey for Rutherford County is currently underway, no soils information for the project area is currently available. Since the Farmland Conversion Impact Rating (Form AD 1006) cannot be completed, further consideration of the potential impact to prime farmland soils is not required under the Act. Contaminated Properties No sites were identified with the potential for hazardous materials involvement along the proposed alignment. On the basis of the above environmental evaluation, it is concluded that no serious adverse environmental effects will result from implementation of the subject project. AHS/plr 1988 1901 0 ? b 1998 2 w Co h 1p 3 Oy O 1935 1943 O r 14 OQ 12 bh 1937 2144 37 ?,3 OS ?> •O? 2003 1943 O j 1989 . 1942 S 2212 1942 1944 09 1944 1981 ? 2143 ?3 GU' 2004 939 1938 v' '1O ' 12 06 5 09 o 05 . . 23 2 .02 23 1981 .40 2027 9 1945 14 2005 2143 b?2026 OJECT °? °' `r 1940 O O •09 2141 1946 .03 3 1948 Caroleen 1941 .07 •13 1947 .09 .20 1949 1958 .55 1947 Nl - 2142 ?° a 1958 t 1920 o ® 02 1997 • 1954 1950 1954 - gvondale •35 ,=y I ry ? 0 b0 1960 19' 00 2138 ? 1920 _ - `- ? 07 HENRIETTA . 2138 •f (UNINC ) ; . 1960 - POP. 1,412 ;_ -- 1961 / Henrietta ,29 -•02 r p7 cv •04+ q O 21 35 > 1 .11 931 - M • 10 '2 ' 2134 0S 2131 ' _ cv ^ { n 1 2142 .30 2126 2129 .46 r c 2129 to -_ 2127 J 2128 4 .80 0 ?• c O ne - i NORTH CAROLINA DEPARTMENT OF TRANSPORTATION 9s DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH BR I DGE NO. 56 RUTHERFORD COUNTY T.I.P. PROJECT B- 1377 9/90 FIG. 1 In o 00 Z o U v , 4 po w 0 r i y x "r / dOZC7 0 Cr 7 Er w Go im N f 8? w a' 41 „?' S rf ?' ` . ?` C' 3 • l Cat' . • [c3 ? ' iew,.,, : h - ?: - ac- *VL / r , p 1t{{ , ??? app r j 9,.L. Ilk R i f p,,{/ 1 sn, r' ? ? ;gin... rr"1• ? ? \ 1? ?? ?•' ? ''!?.Fy 1??d ???^-R ? ? ? , 1 ? - ?`? `. "?ti. ? ? .. ?,, sue, - •:.?:' 1 94 WEST APPROACH SKETCH OF TYPICAL SECTIONS SR IDGc s' 1 12 , 1 2' 1 e' ROADWAY APPROACH FIGURE 4 s . ` Y f J" C. ? Y 1 C I LLJ J { . uj F: ' ? ,/p i ,? , ?- ? ,? a ? ? 1, I ,'. •. ./ '?. ? ?' ` '? = '? [ -__ - ? , ```?` •' ? HIV„ p •? ?. C-r LL. ) t Fl GURE 5 NORTH CAROLINA SiATL CLEARINGHUUSE A208 DEPARTMENT OF ADMINISTRATION 116 WEST JONES STREET RALEIGH NORTH CAROLINA 27611.,..,.,, 11-04-91 INTERGOVERNMENTAL REV IEW COMMENTS MAILED TO N.Z.. DEPT. OF TRANSPORTATION L.J. WARD PLANNING & ENV. BRANCH HIGHWAY BLDG. 1INTER-OFFICE PROJECT DESCRIPTION FROM MRS . CHRYS BAGGE t: ;y? DIRECTOR N C STATE CLEARINGHOUSE SCOP ING FOR. COMMENTS FOR PROPOSED REPLACEMENT OF BRIDGE 56 ON US 221A C VER SECOND B RCAD RIVER, RUTHERFORD COUNTY (TIP B-1377) SAI NC 92E42200162 PROGRAM TITLE - SCOPING THE ABCVE PROJECT HAS BEEN SUBMITTED TO THE NCRTH CAROLINA INTERGOVERNMENTAL REVIEW PROCESS. AS A RESULT OF THE REVIEW THE FCLLOWING IS SUBMITTED I ) NO COMMENTS WERE RECEIVED ( X ) COMMENTS ATTACHED SHOULD YOU HAVE ANY QUESTIONS, PLEASE CALL THIS OFFICE (919) 733-J499. C.C. REGION C a $TA r( 1? f State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary MEMORANDUM TO: FROM: RE: DATE: Chrys Baggett State Clearinghouse l t, Melba McGee Project Review Coordinator Douglas G. Lewis Director Planning and Assessment 92-0162 - Bridge Replacement over Second Broad River October 3, 1991 The Department of Environment, Health, and Natural Resources has reviewed the Department of Transportation's scoping notice regarding the replacement of bridge #56 on US 221A. The attached comments reflect specific concerns of our divisions that should be addressed and recognized in the environmental document. The Department of Transporation is encouraged to notify our reviewing divisions with any problems or questions they may have in addressing these concerns. t attachments PC) Rnr 17r?.,?7 P duwh North Carolina 27,11 7087 Telwhone 919.733-o376 DIVISION OF PARKS AND RECREATION September 25, 1991 Memorandum TO: Melba McGee c7_ THROUGH: Carol Tingley FROM: Stephen Hall, Natural Heritage Program V' SUBJECT: Scoping -- Improve Bridge over Second Broad River, Caroleen, Rutherford County REFERENCE: 92-0162 The Natural Heritage Program database contains records for a rare species of fish from the Second Broad River. The Santee chub (Hybopsis zanema), considered significantly rare in North Carolina, has been found downstream from the proposed project near Cliffside. It can also be expected to occur closer to the project, given the presence of suitable habitat in this vicinity. This species, and other aquatic organisms, could be adversely affected by any siltation or runoff of pollutants resulting from earth-moving and construction associated with the project. Best management practices should be followed for the control of erosion, siltation, and runoff. 3196 J; North Carolina Wildlife Resources Commission 9.- 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Melba McGee, Planning and Assessment Dept. of Environment, Health & Natural Resources FROM: Dennis Stewart, Manager Habitat Conservation Program DATE: September 25, 1991 SUBJECT: Replacement of Bridge #56 on US 221A over Second Broad River, Rutherford County, TIP B-1377, State Project 8.1890201, Federal Aid Project BRS-8206(7). This correspondence responds to a request from Mr. Ward of the North Carolina Department of Transportation (NCDOT) for our concerns regarding impacts on fish and wildlife resources resulting from the above referenced project. The NCDOT plans to build a bridge similar to, and just north of, the existing bridge. Biological field staff of the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the project proposal and made a site visit on September 24, 1991. Wildlife and fisheries habitat in the area are generally of poor quality. Upland and riparian habitat consists almost exclusively of kudzu. Stream habitat is poor because of water quality degradation from dye wastes and sedimentation. No threatened, endangered or rare animals are known to exist at this site. The NCWRC has no objection to this project provided that measures are taken to prevent the introduction of wet concrete into the water if concrete pier footings are to be placed in the river, thus avoiding the possibility of a fish kill. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), and the North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; 1 NCAC 25). Thank you for the opportunity to review and comment on this project. If we can provide further assistance, please call on us. DLS/lp cc: Mr. Chris Goudreau, District 8 Fisheries Biologist Mr. Jack Mason, District 8 Wildlife Biologist Ms. Stephanie Goudreau, Mountain Region Habitat Biologist State of North Carolina Revie' O ice: Department of Environment, Health, and Natural Resources w?,t INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS Project Number: i) Duebate: After review of this project it has been determined that the EHNR permit(s) indicated must be obtained in order for this project to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the form. All applications, information and guidelines relative to these plans and permits are available from the same Normal Process Regional Office. T,Te r- L f- L_ C C L_ C ? PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS (statutory time limit) Permit to construct & operate wastewater treatment Application 90 days before begin construction or award of 30 days facilities, sewer system extensions, & sewer construction contracts On-site inspection. Post-application systems not discharging into state surface waters. technical conference usual (90 days) NPDES - permit to discharge into surface water and/or Application 180 days before begin activity. On-site inspection. 90.120 days permit to operate and construct wastewater facilities Pre-application conference usual. Additionally, obtain permit to discharging into state surface waters. construct wastewater treatment facility-granted after NPDES. Reply (NIA time, 30 days after receipt of plans or issue of NPDES permit-whichever is later. 30 days Water Use Permit Pre-application technical conference usually necessary (N/A) 7 days Well Construction Permit NIA (15 days) Application copy must be served on each riparian property owner. 55 days Dredge and Fill Permit On-site inspection. Pre-application conference usual. Filling may require Easement to Fill from N.C. Department of (90 days) Administration and-Federal Dredge and Fill Permit. Permit to construct & operate Air Pollution Abatement 60 days facilities and/or Emission Sources (90 days) Any open burning associated with subject proposal o must be in compliance with 15 NCAC 2D.0520. ? - ?, ?,? .:•; ;,' .? =? l .? .J?1 ?, f v7 \ Demolition or renovations of structures containing ?., asbestos material must be in compliance with 60 days NCAC 2D.0525 which requires notification and removal NIA yl prior to demolition. O (90 days) Complex Source Permit required under 15 NCAC 2D.0800. The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentation control plan ill be required if one or more acres to be disturbed. Plan filed with proper Regional Office (Land Quality Sect.) at least 30 days before begin activity. The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referrenced Local Ordinance: *-site inspection usual. Surety bond filed with EHNR as shown: Any area mined greater than one acre must be permited. AFFECTED LAND AREA AMOUNT OF BOND 30 days Mining Permit Less than 5 acres $ 2,500 5 but less than 10 acres 5,000 10 but less than 25 acres 12,500 (60 days) 25 or more acres 5,000 North Carolina Burning permit On-site inspection by N.C. Division Forest Resources if permit 1 day exceeds 4 days (NIA) Special Ground Clearance Burning Permit • 22 On-site inspection by N.D. Division Forest Resources required "if more 1 day counties in coastal N.C. with organic soils than five acres of ground clearing activities are involved. Inspections (N/A) should be requested at least ten days before actual burn is planned." 90.120 days Oil Refining Facilities N/A (NIA) If permit required, application 60 days before begin construction. Applicant must hire N.C. qualified engineer to: prepare plans, 30 days Dam Safety Permit inspect construction, certify construction is according to EHNR approv- ed plans May also require permit under mosquito control program. An a (N/A) 404 permit from Corps of Engineers. Ps 105 Continued on reverse ? Ell u ? ? Normal Process Time (statutory time PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS limit) File surety bond of $5,000 with EHNR running to Slate of N.C. 10 days Permit to drill exploratory oil or gas well conditional that any well opened by drill operator shall, upon (NIA) abandonment, be plugged according to EHNR rules and regulations. Geophysical Exploration Permit Application filed with EHNR at least 10 days prior to issue of permit 10 days Application by letter. No standard application form. (NIA) State Lakes Construction Permit Application fee based on structure size is charged. Must include 15.20 days descriptions & drawings of structure & proof of ownership (NIA) of riparian property. 60 days 401 Water Quality Certification NIA (130 days) 55 days CAMA Permit for MAJOR development $10.00 fee must accompany application - (180 days) 22 days CAMA Permit for MINOR development $10.00 fee must accompany application 7 (60 days) Several geodetic monuments are located in or near the project area. If any monuments need to be moved or destroyed, please notify: N.C. Geodetic Survey, Box 27687, Raleigh, N.C. 27611 Abandonment of any wells, if required, must be in accordance with Title 15, Subchapter 2C.0100. Other comments (attach additional pages as necessary,, being certain to cite comment authority): i I i reviewer signature agency date REGIONAL OFFICES ? Asheville Regional Office 59 Woodfin Place Asheville, NC 28801 (704) 251.6208 ? Fayetteville Regional Office Suite 714 Wachovia Building Fayetteville, NC 28301 (919)486.1541 ? Moorseville Regional Office 919 North Main Street Mooresville, NC 28115 (704) 663.1699 ? Washington Regional Office 1424 Carolina Avenue Washington, NC 27889 (919) 946-6481 ? Raleigh Regional Office Box 27687 Raleigh, NC 27611.7687 (919) 733.2314 ? Wilmington Regional Office 7225 Wrightsville Avenue Wilmington, NC 28403 (919) 256-4161 ? Winston-Salem Regional Office 8003 Silas Creek Parkway Extension Winston-Salem, NC 27106 t -_y I State of North Carolina Department of Environment, Health, and Natural Resources .,' Division of Land Resources j James G. Marian, Govemor PROTECT REVIEW COl44ENTS Charles H. Gard her William W. Cobey, Jr., Secretary Director Project Number: r _ QlC'? a County: ????{-ht ? rC}rc? Project Name: Inf.!n(nrflPA-j-Gf ?C dcV, an u 1A SCCr?,'?„?&cX E"' S-4,v- PrC*t NO. g? 18'1CaU1 -,I P F? • l? 2'I `-ecier?l I? c? c5rcr ?25. L,(a??J Geodetic Survey This project will impact geodetic survey markers. N.C. Geodetic Survey should be contacted prior to construction at P.O. Box 27687, Raleigh, N.C. 27611 (919) 733-3836. Intentional destruction of a . / geodetic monument is a violation of N.C. General Statute 102-4. V This project will have no impact on geodetic survey markers. Other (comments attached) For or i ation ntact the Geodetic Survey office at (919) 733-3836. 'DZ viewer Date Erosion and Sedimentation Control No comment This project will require approval of an erosion and sedimentation control plan prior to beginning any land-disturbing activity if more ?thha one (1) acre will be disturbed. If an environmental document is required to satisfy Environmental Policy Act (SEPA) requirements, the document must be submitted as part of the erosion and sedimentation control plan. ?If any portion of the 13roject is located within a High Quality Water Zone (HQW), as classified by the Division of Environmental Management, increased design standards for sediment and erosion control will apply. The erosion and sedimentation control plan required for this project should be prepared by the Department of Transportation under the erosion control program delegation to the Division of Highways from the North Carolina Sedimentation Control Commission. Other (comments attached) For more formation con ct the Land Quality Section at (919) 733-4574. Reviewer / Date P.O. Box 27687 • Raleigh. N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer .i'..? SfArt,. c ?. -?71 North Carolina Department of Cultural Resourc r James G. Martin, Governor Division of rchives and History Patric Dorsey, Secretary William S. Price, Jr., Director October 9, 1991 MEMORANDUM TO: L. J. Ward, P.E., Manager Planning and Environmental Branch Division of High S Department of rans 7rtation FROM: David Brook Deputy State Histo 1c Preservation Officer SUBJECT: Replacement of Bridge #56 on US 221 A over Second Broad River, Rutherford County, B-1377, 8.1890201, CH 92-E-4220-0162 We have received information concerning the above project from the State Clearinghouse. We have conducted a search of our survey site files which do not identify any structures of historic or architectural importance within the general area of the project. However, at an early scoping meeting for this project, we discovered three structures--a house, a mill, and the bridge itself--over fifty years of age in the project vicinity. Please note that because the bridge is over fifty years of age and meets Criterion A (as a property associated with the transportation history of North Carolina), and Criterion C (as a good example of particular type), we feel that the bridge may be eligible for listing in the National Register of Historic Places. We have requested that the Federal Highway Administration and the North Carolina Department of Transportation conduct a comprehensive study of North Carolina concrete bridges so that we may better understand these resources. Overall, we recommend that the architectural historian on staff for the Department of Transportation examine these structures and report her findings to us. For each structure, please submit photographs, keyed to a map, along with a location description. Also include a brief statement about each structure's history and explain which National Register criteria it does or doe snot meet. Without this information, we are unable to determine if any National Register-eligible structures are located in the project area. 109 East Jones Screet • Raleigh, North Carolina 27601-2807 L. J. Ward October 9, 199 1, Page 2 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. 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. DB:slw cc: Mate Clearinghouse B. Church ?g 1011 j???, 991 R ,???°"*?, U.S. DEPARTMENT OF TRANSPORTATION _ S, FEDERAL HIGHWAY ADMINISTRATION REGION FOUR `t,?? ?yT 310 New Bern Avenue, Suite 410 o??v??u? Raleigh, North Carolina 27601 April 2, 1992 In Reply Refer To: HB-NC Dr. David Brook Deputy State Historic Preservation Officer Department of Cultural Resources 109 East Jones Street Raleigh, NC 27601 Dear Dr. Brook: Subject: Section 106 Consultation, US 221A Over Second Broad 8206(7), B-1377 Replacement of Bridge No. 56 on River, Rutherford County, BRS- In your October 9, 1991 letter to Mr. Jack Ward, P.E., of the North Carolina Department of Transportation (NCDOT), you requested additional information on three structures in the vicinity of the subject project. The North Carolina Department of Transportation (NCDOT) has responded to your request with a letter and attached photographs concerning the three properties which we are transmitting to you with this correspondence. The NCDOT has concluded that the mill, the house, and the subject bridge do not meet the requirements for eligibility for inclusion to the National Register. Also, the house and the mill lie outside of the area of potential effect. The Federal Highway Administration (FHWA) is in agreement with the findings made by the NCDOT and ask that you concur in them. If you have any questions, contact Mr. Brad Hibbs in your consideration in this or need additional information, please our office at 856-4350. Thank you for matter. Sincerely yours, Enclosures c. ?? - For Nicholas L. Graf, P.E. Division Administrator cc: Mr. L. J. Ward, P.E., NCDOH ' a SIA7[ ;" i? Ilk qw..? North Carolina Department of Cultural Resources James G. Martin, Governor Patric Dorsey, Secretary April 16, 1992 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Replace Bridge No. 56 on US 221-A over Second Broad River, Rutherford County, B-1377, BRS-8206(7), ER 92-8161 Dear Mr. Graf: Division of Ai William S. V? APR 201992 OIVI ICI OF sand HistoNl`` I Thank you for your letter of April 2, 1992, concerning the above project. We have reviewed the documentation submitted for the three structures over fifty years of age within the area of potential effect. We concur with the North Carolina Department of Transportation that the house is outside the area of potential effect and the bridge is not eligible for listing in the National Register of Historic Places since many other representatives of its type exist throughout the state. However, we cannot concur at this time that Caroleen Mill is located outside the area of potential effect. The mill raceway, which is an integral part of the historic mill, is still visible and runs north paralleling the river and crossing under Bridge No. 56. Moreover, we feel that the mill may be eligible for listing in the National Register. From the photographs submitted, the new structures do not appear to be attached or to compromise the integrity of the historic structure. New mechanical systems and bricked-in doors and windows do not necessarily preclude National Register-eligibility. Additional photographs which completely show the exterior of the historic structure and the new buildings, keyed to a map, and a brief history of the mill, are needed to determine if the mill retains its integrity. 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 EastJones Street 0 Raleigh, North Carolina 27601-2807 Nicholas L. Graf April 16, 1992, Page 2 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, IDavrd-Brook Deputy State Historic Preservation Officer DB:slw cc: ,)-L. J. Ward K. Houston V STATE North Carolina Department of Cultural Resources James G. Martin, Governor Patric Dorsey, Secretary June 18, 1992 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Replace Bridge No. 56 on US 221 A over Second Broad River, Rutherford County, B-1377, BRS-8206(7), 8.1890201, ER 92-8441 Dear Mr. Graf: Division of Archives and History William S. Price, Jr,, Director Thank you for your letter of June 3, 1992, concerning the above project. We have reviewed the additional photographs and historical background for Caroleen Mill. We concur with the North Carolina Department of Transportation's determination that the mill complex is not eligible for listing in the National Register of Historic Places due to the numerous character- altering changes that have taken place. Thus, no National Register-listed or eligible properties are located in the area of potential effect for this project. 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, Da rok Deputy State Historic Preservation Officer DB:slw cc: J. Ward K. Houston 109 EastJones Street • Raleigh, North Carolina 27601-2807 0 North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director July 29, 1992 Mr. Robert Johnson, Office Manager U.S. Army Corps of Engineers Regulatory Branch Room 75, Grove Arcade Building Asheville, North Carolina 28801 SUBJECT: Review of an application by NCDOT to replace Bridge #56 on US 221A over Second Broad River, Rutherford County, TIP B-1377, State Project 8.1890201, Federal Aid Project BRS-8206(7) Dear Mr. Johnson: The North Carolina Department of Transportation (NCDOT) is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and a site visit was conducted on September 24, 1991. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Based on the information provided by the applicant and our information on the range of trout in the project area, we do not believe this project will cause significant effects to waters supporting trout. Therefore, we do not object to the project as proposed. Thank you for the opportunity to review and comment on this project. If we can be of further assistance, please advise. Since ely, 4at? /44?? Dennis L. Stewart, Manager Habitat Conservation Program DLS/lp cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist Mr. Chris Goudreau, District 8 Fisheries Biologist ,Ms. Angela Smith, NCDOT la ...... ??`„+ STAif l North Carolina Department of Cultural Resources James G. Martin, Governor Division of Archives and History Patric Dorsey, Secretary William S. Price, Jr., Director June 18, 1992 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Replace Bridge No. 56 on US 221 A over Second Broad River, Rutherford County, B-1377, BRS-8206(7), 8.1890201, ER 92-8441 Dear Mr. Graf: Thank you for your letter of June 3, 1992, concerning the above project We have reviewed the additional photographs and historical background for Caroleen Mill. We concur with the North Carolina Department of Transportation's determination that the mill complex is not eligible for listing in the National Register of Historic Places due to the numerous character- altering changes that have taken place. Thus, no National Register-listed or eligible properties are located in the area of potential effect for this project. 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 concerning the above comment, please contact Renee environmental review coordinator, at 919/733-4763. §i.ncerely, Da r ok Deputy State Historic Preservation Officer DB:slw cc: L. J. Ward K. Houston you have questions Gledhill-Earley, 109 East Jones Street - Raleigh, North Carolina 27601-2807