19960802 Ver 1_Complete File_19960823

401 !SSUED
:.' 96080 2
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY
August 22, 1996
RECEIVED
AUG 2 3 1996
U. S. Army Corps of Engineers
Regulatory Field Office ENVIRONMENTAL SCIENCES
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION: Mr. Cliff Winefordner
Chief, Southern Section
Dear Sir:
SUBJECT: Cleveland County - Replacement of Bridge No. 179 on SR 1530 over the
First Broad River; State Project No. 8.2801101; T.I.P. No. B-2946
AttUheproje ormation is a copy of the project planning report for the
subject projis being processed by the Federal Highway Administration as
a "Categori accordance with 23 CFR 771.115(b). Therefore, we do not
anticipate r idual Permit but propose to proceed under a Nationwide
Permit in aCFR 330 Appendix A (B-23) issued November 22, 1991, by
the Corps of Engineers. The provisions 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. 2745 (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.

2
If you have any questions, please call Cyndi Bell at [phone], Ext. 306.
Sincerely,
H. Franklin Vick, P. E., Manager
Planning and Environmental Branch
HFV/mlt
Attachment
cc: Mr. Steve Lund, COE, NCDOT Coordinator
Mr. John Dorney, DWQ
Mr. Kelly Barger, P. E., Program Development Branch
Mr. Don Morton, P. E., Highway Design
Mr. A. L. Hankins, P. E., Hydraulics
Mr. William Rogers, P. E., Structure Design
Mr. Tom Shearin, P. E., Roadway Design
Mr. R. W. Spangler, P. E., Division 12 Engineer
Ms. Tracy Turner, Planning & Environmental Branch
F __
I
Date: 1/93
Revised: 1/94
CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
TIP Project No. -2946
State Project No. 8.2801101
Federal-Aid Project No. BRZ-1530(2)
A. Project Description :
NCDOT will replace Bridge No. 179 on SR 1530 over the First Broad River in
Cleveland County. The bridge will be replaced at the existing location with a new bridge
approximately 50 meters (185 feet) in length. The bridge will be 7.6 meters (25 feet) wide.
This will allow for a 6 meter (20 foot) travelway and a 0.8 meter (2.5 foot) offset on each
side. The approach roadway pavement width will be 6.3 meters (21 feet) plus shoulder widths
of at least 0.6 meters (2 feet). Shoulders will be increased to at least 2.1 meters (7 feet) where
guardrail is warranted. Traffic will be detoured on existing secondary roads during
construction. (See Figure 1).
B. Purpose and Need:
Bridge No. 179 consists of a double timber deck on steel I-beams and exterior
channels. The existing structure only has a clear roadway width of 3.4 meters (11.1 feet).
The bridge was built in 1958 and has a sufficiency rating of 35 out of 100. The bridge weight
limits are posted at 10 tons for single vehicles and 14 tons for Truck-tractor Semi-trailers.
Due to its structural condition and design, the existing bridge needs to be replaced.
C: Proposed Improvements:
Circle one or more of the following improvements which apply to the project:
Type II Improvements
1. Modernization of a highway by resurfacing, restoration, rehabilitation,
reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking
weaving, turning, climbing).
a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement
(3R and 4R improvements)
b. Widening roadway and shoulders without adding through lanes
c. Modernizing gore treatments
d. Constructing lane improvements (merge, auxiliary, and turn lanes )
e. Adding shoulder drains
f. Replacing and rehabilitating culverts, inlets, and drainage pipes,
including safety treatments
g. Providing driveways pipes
h. Performing minor bridge widening ( less than one through lane)

Date: 1/93
Revised: 1/94
2. Highway safety or traffic operations improvement projects including the
installation of ramp metering control devices and lighting.
a. Installing ramp metering devices
b. Installing lights
c. Adding or upgrading guardrail
d. Installing safety barriers including Jersey type barriers and pier
protection
e. Installing or replacing impact attenuators
£ Upgrading medians including adding or upgrading median barriers
g. Improving intersections including relocation and/ or realignment
h. Making minor roadway realignment
i. Channelizing traffic
j. Performing clear zone safety improvements including removing hazards
and flattening slopes
k. Implementing traffic aid systems, signals, and motorist aid
1. Installing bridge safety hardware including bridge rail retrofit
3. Bridge rehabilitation, reconstruction, or replacement or the construction of
grade separation replace existing at-grade railroad crossings.
a. Rehabilitating, reconstructing, or replacing bridge approach slabs
b. Rehabilitating or replacing bridge decks
c. Rehabilitating bridges including painting ( no red lead paint), scour
repair, fender systems, and minor structural improvements
Q Replacing a bridge (structure and/ or fill)
4. Transportation corridor fringe parking facilities.
5. Construction of new truck weigh stations or rest areas.
6. Approvals for disposal of excess right-of-way or for joint or limited use of
right-of-way, where the proposed use does not have significant adverse
impacts.
7. Approvals for changes in access control.
8. Construction of new bus storage and maintenance facilities in areas used
predominantly for industrial or transportation purposes where such
construction is not inconsistent with existing zoning and located on or near a
street with adequate capacity to handle anticipated bus and support vehicle
traffic.
9. Rehabilitation or reconstruction of existing rail and bus buildings and
ancillary facilities where only minor amounts of additional land are required and
2
I
Date: 1/93
Revised: 1/94
there is not a substantial increase in the number of users.
10. Construction of bus transfer facilities (an open area consisting of passenger
shelters, boarding areas, kiosks and related street improvements ) when
located in a commercial area or other high activity center in which there is
adequate street capacity for projected bus traffic.
11. Construction of rail storage and maintenance facilities in areas used
predominantly for industrial or transportation purposes where such
construction is not inconsistent with existing zoning and where there is no
significant noise impact on the surrounding community.
12. Acquisition of land for hardship or protective purposes, advance land acquisition
loans under section 3 (b) of the UMT Act. Hardship and protective buying will
be permitted only for a particular parcel or a limited number of parcels. These
types of land acquisition will not limit the evaluation of alternatives, including
shifts in alignment for planned construction projects, which may be required in the
NEPA process. No project development on such land may proceed until the
NEPA process has been completed.
D. Special Project Information
Environmental Commitments:
1. All standard measures will be implemented to avoid or minimize environmental
impacts.
2. In accordance with the provisions of Section 404 of the Clean Water Act
(33 U.S.C. 1344), a permit will be required from the Corps of Engineers for the
discharge of dredged or fill material into "Waters of the United States." A Corps
of Engineers Nationwide Permit # 23 is expected to be applicable for this project.
3. A North Carolina Division of Environmental Management (DEM) Section 401
Water Quality General Certification will be obtained prior to issue of the Corps of
Engineers Nationwide Permit # 23.
Estimated Costs:
Construction $ 950,000
Right of Way 46,500
Total $ 996,500
Date: 1/93
Revised: 1/94
Estimated Traffic:
Year Vehicles per Day (VPD)
1995 120
2020 400
Proposed Typical Roadway Section:
The approach roadway pavement width will be 6.3 meters (21 feet) plus shoulder
widths of at least 0.6 meters (2 feet). Shoulders will be increased to at least 2.1 meters
(7 feet) where guardrail is warranted.
Design Speed:
Based on initial design, it appears that the design speed will be approximately
40 km/h (25 mph). A design exception may be required due to the low design speed.
Proposed Bridge Design:
The existing bridge will be replaced with a new bridge approximately 50 meters
(185 feet) in length. The bridge will be approximately 7.6 meters (25 feet) wide. This
will allow for a 6 meter (20 foot) travelway and a 0.8 meter (2.5 foot) offset on each
side. Final structure width will be determined during final design.
Design Alternatives:
Two alternatives were evaluated for the replacement structure. Alternative One
involves replacing the structure at the existing location. Due to a sharp curve located
on the eastern end of the existing structure, the design speed for this alternative would
be 15 km/h (10 mph). Due to the low design speed for Alternative One a second
alternative was studied and selected. Alternative Two involves skewing the bridge on
the eastern end and building a curved structure in order to improve the alignment and
to eliminate the sharp curve. This alternative would provide a design speed of 40
km/h (25 mph). Alternative Two was selected because of the improved safety and
design speed.
Functional Classification:
SR 1152 is classified as a Rural Local Route in the Statewide Functional
Classification System.
Division Office Comments:
The Division Office recommends that SR 1152 be closed during construction and
traffic be detoured off-site.
4
Date: 1/93
Revised: 1/94
E. Threshold Criteria
If any Type II actions are involved in the project, the following evaluation must
be completed. If the project consists only of Type I improvements, the following
checklist does not need to be completed.
ECOLOGICAL YES NO
(1) Will the project have a substantial impact on any ? X
unique on any unique or important natural resource?
(2) Does the project involve any habitat where federally
listed endangered or threatened species may occur? X
(3) Will the project affect anadromous fish?
11 X
(4) If the project involves wetlands, is the amount of ?
permanent and/or temporary wetland taking less than x
one-third (1 /3) acre and have all practicable measures
wetland to avoid and minimize takings been evaluated?
(5) Will the project require use of U. S. Forest Service lands? ?
X
(6) Will the quality of adjacent water resources be adversely ?
impacted by proposed construction activities? X
(7) Does the project involve waters classified as Outstanding
Water Resources (OWR) and/or High Quality Waters X
(HQW)?
(8) Will the project require fill in waters of the United States
in any of the designated mountain trout counties? 1-1 X
(9) Does the project involve any known underground storage
tanks (UST's) or hazardous materials sites? F-1 X
5
Date: 1/93
Revised: 1/94
PERMITS AND COORDINATION
(10) If the project is located within a CAMA county, will the
project significantly affect the coastal zone and/or any
"Area of Environmental Concern" (AEC)?
(11) Does the project involve Coastal Barrier Resources Act
resources?
(12) Will a U. S. Coast Guard permit be required?
(13) Will the project result in the modification of any existing
regulatory floodway?
(14) Will the project require any stream relocations or channel
changes?
SOCIAL AND ECONOMIC
(15) Will the project induce substantial impacts to planned
growth or land use for the area?
(16) Will the project require the relocation of any family or
business?
(17) If the project involves the acquisition of right of way, is the
amount of right of way acquisition considered minor?
(18) Will the project involve any changes in access control?
[ _---] x

F1 x
ri x
1-1 x
YES NO
1-1 x
i_ J
x11
1-1 x
(19) Will the project substantially alter the usefulness and/ or land
use of any adjacent property? E X
6
I
Date: 1/93
Revised: 1/94
(20) Will the project have an adverse effect on permanent local
traffic patterns or community cohesiveness? X
(21) Is the project included in an approved thoroughfare plan
and/ or Transportation Improvement Program (and is, X
therefore, in conformance with the Clean Air Act of 1990)?
(22) Is the project anticipated to cause an increase in traffic ?
volumes? X
(23) Will traffic be maintained during construction using existing ?
roads, staged construction, or on-site detours? X
(24) Is there substantial controversy on social, economic, or
environmental grounds concerning the project? X
(25) Is the project consistent with all Federal, State, and local ?
laws relating to the environmental aspects of the action? X
CULTURAL RESOURCES YES NO
(26) Will the project have an "effect" on properties eligible for
or listed on the National Register of Historic Places? 1-1 X
(27) Will the project require the use of Section 4(f) resources
(public parks, recreation lands, wildlife and waterfowl X
refuges, historic sites or historic bridges, as defined in
Section 4(f) of the U. S. Department of Transportation
Act of 1966)?
(28) Will the project involve construction in, across, or adjacent
to a river designated as a component of or proposed for X
inclusion in the natural Wild and Scenic Rivers?
7
Date: 1/93 '
Revised: 1/94
F. Additional Documentation Required for Unfavorable Responses in Part E
(Discussion regarding all unfavorable responses in Part E should be provided
below. Additional supporting documentation may be attached as necessary.)
Not Applicable
Date: 1/93
Revised: 1/94
G. CE Approval
TIP Project No. B-2946
State Project No. 8,2801101 Federal-Aid Project No. BRZ-1530(2)Project Description :

NCDOT will replace Bridge No. 179 on SR 1530 over the First Broad River in
Cleveland County. The bridge will be replaced at the existing location with a new bridge
approximately 50 meters (185 feet) in length. The bridge will be 7.6 meters (25 feet) wide.
This will allow for a 6 meter (20 foot) travelway and a 0.8 meter (2.5 foot) offset on each
side. The approach roadway pavement width will be 6.3 meters (21 feet) plus shoulder widths
of at least 0.6 meters (2 feet). Shoulders will be increased to at least 2.1 meters (7 feet) where
guardrail is warranted. Traffic will be detoured on existing secondary roads during
construction. (See Figure 1).
Categorical Exclusion Action Classification:
X TYPE II (A)
TYPE II (B)
Approved:
5-27-9` °?, V.
Date Assistant Manager
Planning & Environmental Branch
?Ly9ly
lei H
Date Project Planning Unit Head
C
Date P EFor Type II (B) projects only:

Date Division Administrator
Federal Highway Administration
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NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
PLANNING AND ENVIRONMENTAL
BRANCH
REPLACEMENT OF BRIDGE NO. 179 OVER
FIRST BROAD RIVER AND IMPROVEMENTS
TO BRIDGE APPROACHES ON SR 1530.
CLEVELAND COUNTY
T.I.P. NO. B-2946
FIGA

STATE OF NORTH CAROLINA
DEPARTMENT OF 1PANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH. N.C. 27611-5201
29 March 1996
MEMORANDUM TO:
FROM:
SUBJECT:
ATTENTION:
Rob Hanson, P.E. Unit Head
Project Planning Unit
Mark Hartman, Environmental Biologist
Environmental Unit
GARLAND B. GARRETT JR.
SECRETARY

Natural Resources Technical Report for Proposed
Replacement of Bridge No. 179 on SR-1530 over First
Broad River, Cleveland County; TIP No. B-2946; State
Project No. 8.2801101; Federal Aid No. BRZ-1530(2).
Tracy Turner, Project Planning Engineer
Project Planning Unit
The attached report addresses four issues pertinent to the development of a
Programmatic Categorical Exclusion (PCE) for the proposed project: aquatic recourses,
terrestrial resources, wetlands, and federally-protected species. A completed
Ecological Threshold Checklist for a Type II PCE is also included. The proposed
project calls for the replacement of Bridge Number 179 over First Broad River, SR
1530, in Cleveland County. The project right-of-way (ROW) is 18.3 m (60 ft), and
project length is approximately 152.4 m (500 ft.). The descriptions and estimates
herein are relevant only in the context of existing preliminary design concepts. If
design parameters and criteria change, additional field investigations may need to be
conducted.
A field investigation was conducted on 19 December 1995 by NCDOT biologists
Mark Hartman and Jim Hauser to assess natural resources at the project site.
Vegitative communities were investigated and faunal composition was predicted based
on habitats observed. Information concerning federally-protected species was obtained
from the U.S. Fish and Wildlife Service (March 28, 1995), and the North Carolina
Natural Heritage Program (NHP).
a
2
AQUATIC RESOURCES
The First Broad River is the only body of water within the project area. It is a
small, high gradient piedmont stream approximately 15 m (49 ft) wide and up to 1 m
(3.3 ft) deep. Substrate is dominated by bedrock, cobble and boulder, with a few gravel
and sand bars present. Flow is 10% pool, 90% run/riffle.
Fish populations in the First Broad River were not surveyed, but species
potentially found in small streams in the Broad River Drainage include rainbow trout
(Oncorynchus mykiss), central stoneroller (Campostoma anomalum), rosyside dace
(Clinostomus funduloides), bigeye chub (Hybopsis amblops), bluehead chub (Nocomis
leotocephalus), fieryblack shiner (Cyprinella pyrrhomelas), spottail shiner (Notropis
hudsonius), yellowfin shiner (Notro is lutipinnis), white sucker (Catostomus
commersoni), margined madtom (Noturus insi nis), redbreast sunfish (Lepomis
auritus), bluegill (Lepomis macrochirus), largemouth bass (Micropterus salmoides),
fantail darter (Etheostoma flabellare), and tesselated darter (Etheostoma olmstedi).
Many of these species rely on sight for locating food items and are sensitive to
increases in turbidity.
Streams have been assigned a best usage classification by the Division of
Environmental Management (DEM). The First Broad River, upstream of the project
(DEM index number 9-50-(7.5)) is classified as WS-IV with the supplemental
classification of Tr. Downstream of the project (index 9-50-11) the First Broad River is
classified as WS-IV also, but without the Tr classification. The subject bridge is the
dividing line between between Tr and non-Tr classified waters. WS-IV (Water Supplies
IV) refers to those waters protected as water supplies which are generally in
moderately to highly developed watersheds, and are suitable for all Class C uses.
Class C refers to waters suitable for aquatic life propagation and survival, fishing,
wildlife, secondary recreation and agriculture. Tr (Trout water) is a supplemental water
classification which includes waters suitable for natural trout propagation and
maintenance of stocked trout. This DEM classification intended to protect water quality
is different than the NC WRC's Designated Public Mountain Trout Waters, which does
not apply in this case.
The Benthic Macro invertebrate Ambient Network (BMAN) is managed by the
DEM and is part of an ongoing ambient water quality monitoring program which
addresses long term trends in water quality. The program assesses water quality by
sampling for selected benthic macro invertebrate organisms at fixed monitoring sites.
Some macro invertebrates are sensitive to very subtle changes in water quality; thus,
the species richness and overall biomass of these organisms are reflections of water
quality. There is a BMAN sampling site within the project area, just upstream of the
bridge. The BMAN rating for this site varies between "good" (7/86, 7/89) and
"excellent" (7/88)
3
Point source dischargers located throughout North Carolina are permitted
through the National Pollutant Discharge Elimination System (NPDES) program. Any
discharger is required to register for a permit. There are no NPDES permitted
dischargers in the project vicinity on the First Broad River.
Aquatic communities are sensitive to any changes in the environment. Any
action which affects water quality can have an adverse impact on aquatic organisms.
Although these actions may be temporary during the construction phase of the project,
environmental impacts from these processes may be long term or irreversible.
Replacing an existing structure in the same location with a road closure during
construction, the only alternative presented, is almost always the preferred
environmental approach.
Project construction may result in the following impacts to surface waters:
- Increased silt loading and sedimentation from erosion of disturbed soils.
Changes in light incidence, water clarity and water temperature due to increased
sediment load and riparian vegetation removal.
Alteration of stream discharge due to silt loading and changes in surface or
ground water drainage patterns.
Increased potential for release of toxic compounds such as fuel and oil from
construction equipment and other vehicles.
Precautions must be taken to minimize these and other impacts to water resources in
the study area.
NCDOT's Water Supply Watershed Best Management Practices (BMP) for
the Protection of Surface Waters should be strictly enforced during the
construction stage of the project. Provisions to preclude unnecessary
contamination by toxic substances should also be strictly enforced.
TERRESTRIAL RESOURCES
There are four terrestrial community types present in the study area; disturbed,
early successional pine forest, mesic pine/hardwood forest, and piedmont/low mountain
alluvial forest. The northeastern portion of the project is dominated by a cutover, to the
east of which is a relatively undisturbed pine/hardwood area. This pine/hardwood
forest continues into the southeast quadrant, and on into the the southwest quadrant,
stopping at the road. This section of forest is bisected by the river, and a small 3 m (10
ft) wide strip of piedmont/low mountain alluvial forest habitat.
Dominant flora and fauna observed, or likely to occur in each community are
described and discussed. Scientific nomenclature and common names (when
applicable) are provided for each plant and animal species mentioned. Subsequent
4
references to the same organism will include the common name only. Many species
are highly adaptive and may populate the entire range of terrestrial communities and
may not be mentioned in each community description.
The disturbed community in the project area consists of a cutover produced by
timber harvesting activity. Dominant plants in the cutover area include white oak
(Quercus alba), broomsedge (Andropogon virginicus), Japanese honeysuckle
(Lonicera japonica), goldenrod (Solidago spp.), and shortleaf pine (Pinus echinata).
Wildlife found in this community type is limited and consists primarily of wide-ranging,
adaptable species. Other animals may use this area as a corridor for travel between
less disturbed habitats, or as a foraging area. Reptiles commonly found in disturbed
habitats include the eastern garter snake (Thamnophis sirtalis) and black racer
(Coluber constrictor). Birds potentially found in disturbed habitats include American
robin (Turdus migratorius), Carolina chickadee (Parus carolinensis), common crow
(Corvus brachyrynchos), mourning dove (Zenaida macroura), rufous-sided towhee
(Pipilo erythrophthalmus), European starling (Sturnus vul aris) and American kestrel
(Falco sparverius). Mammalian species likely to frequent disturbed habitats include
woodchuck (Marmota monax), eastern cottontail (Sylvagus floridans), white-footed
mouse (Peromyscus leucopus), and hispid cotton rat (Sigmcdon hispidus).
An early successional community dominated by Virginia pine (Pings virginiana)
abuts the disturbed community to the southwest. Other plants present in this
community include dogwood (Cornus florida), American holly (Ilex opaca), and
mountain laurel (Kalmia latifolia). Wildlife found in this community type is similar to
what would be found in the disturbed communities; however, there may also be some
recolonization by species which were present prior to the disturbance. Birds
potentially found in early successional habitats include Carolina chickadee, eastern
bluebird (Sialia sialis), rufous-sided towhee, red-tailed hawk (Buteo iamaicensis), and
cardinal (Cardinalis cardinalis). Mammalian species likely to frequent this community
include, eastern cottontail, Virginia opossum (Didelphis virginiana), and white-tailed
deer (Odocoileus virginianus).
The mesic pine/hardwood forest can be divided into two areas. South and east
of the road, hardwoods are dominant, and west of the road, Virginia pine is dominant.
Overstory plants present in these areas include tulip poplar (Liriodendron tulipifera),
white ash(Fraxinus americana), red maple (Aces rubrum), beech (Fa us grandifolia),
eastern hemlock (Tsuoa canadensis), and bitternut hickory (Carva cordiformis).
Understory plants include dogwood, ironwood (Carpinus caroliniana), American holly,
greenbrier (Smilax rotundifolia), grape (Vitis spp.), Christmas fern (Polystichum
acrostichoides), crane-fly orchid (Tioularia discolor) and heartleaf (Hexastylis spp.).
Fauna likely to occur in this community includes slimy salamander (Plethodon
glutinosis), Fowler's toad (Bufo woodhousei), copperhead (Agkistrodon contortrix), pine
warbler (Dendroica ip nus) short-tailed shrew (Blaring carolinensis), and gray squirrel
(Sciurus carolinensis).
5
The piedmont/low mountain alluvial forest land forest is dominated by plants
such as river birch (Betula nigra), sycamore (Platanus occidentalis), red maple, eastern
hemlock, and tulip poplar. Understory species include mountain laurel, rhododendron
(Rhododendron maximum) and Christmas fern. Piedmont low mountain alluvial forest
harbor a diverse fauna which may include many species which are semi-aquatic, in
addition to exclusively terrestrial species. Amphibians and reptiles likely to be found in
this area include upland chorus frog (Pseudacris triseriata), three-lined salamander
(Eurycea guttolineata), American toad (Bufo americanus), green frog (Rana clamitans),
eastern box turtle (Terrapene caroling), black rat snake (Elaphe obsoleta), rough green
snake (Opheodrys aestivus), and northern water snake (Nerodia sipedon). Avian
species often found in this habitat type include tufted titmouse (Parus bicolor), downy
woodpecker (Picoides pubescens), barred owl (Strix varia), yellow-bellied sapsucker*
(Sphyrapicus varius), rufous-sided towhee, turkey vulture (Cathartes aura), great blue
heron (Ardea herodias), and belted kingfisher (Mergacervie alcyon). Mammalian
species likely to frequent this area include raccoon (Procyon lotor), Virginia opossum,
white-tailed deer, eastern cottontail, hispid cotton rat, and muskrat (Ondatra
zibethicus).
Construction of the subject project will have various impacts on the biotic
resources described. Any construction related activities in or near these resources
have the potential to impact biological functions. This section quantifies and qualifies
impacts to the natural resources in terms of area impacted and ecosystems affected.
Temporary and permanent impacts are considered here as well.
Calculated impacts to terrestrial resources reflect the relative abundance of each
community present in the study area. Project construction will result in clearing and
degradation of portions of these communities. Table 1 summarizes potential
quantitative losses to these biotic communities, resulting from project construction.
Estimated impacts are derived using the entire proposed ROW width of 18.3 m (60 ft)
and a project length of 152.4 m (500 ft). Often, project construction does not require
the entire ROW; therefore, actual impacts may be considerably less.
Table 1 Anticipated Impacts to Biotic Communities.
Community Impact ha (ac)
disturbed 0.02 (0.06)
early successional community 0.05 (0.13)
mesic pine/hardwood forest 0.19 (0.46)
piedmont/low mountain alluvial forest 0.03 (0.08)
TOTAL 0.29 (0.73)
Terrestrial communities found in the study area serve as nesting, feeding, and
sheltering habitat for various species of wildlife. Habitat reduction resulting from road
construction concentrates wildlife into smaller refuge areas, thus changing competition
6
between species and causing increased starvation, predation and susceptibility to
disease.
WETLANDS AND PERMITS
Surface waters and wetlands fall under the broad category of "Waters of the
United States," as defined in Section 33 of the Code of Federal Register (CFR) Part
328.3. Wetlands, defined in 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 under normal circumstances do support, a prevalence of vegetation typically
adapted to life in saturated conditions. Any action that proposes to place fill into these
areas falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under
Section 404 of the Clean Water Act (33 U.S.C. 1344).
Field surveys revealed that no wetlands are present in the project area.
Hydric soils and hydrophytic vegetation are not present in the project area, and
there was no evidence of surface or subsurface saturated conditions. However,
the project will impact surface waters of the United States.
A Section 404 Nationwide Permit 33 CFR 330.5(a) (23) is likely to be applicable
for all impacts to Waters of the United States resulting from the proposed project. This
permit authorizes activities undertaken, assisted, authorized, regulated, funded or
financed in whole, or part, by another Federal agency or department where that agency
or department has determined the pursuant to the council on environmental quality
regulation for implementing the procedural provisions of the National Environmental
Policy Act:
(1) that the activity, work, or discharge is categorically excluded from environmental
documentation because it is included within a category of actions which neither
individually nor cumulatively have a significant effect on the human environment,
and;
(2) that the office of the Chief of Engineers has been furnished notice of the agency'
or department's application for the categorical exclusion and concurs with that
determination.
A North Carolina DEM Section 401 Water Quality General Certification is also
required. Section 401 of the Clean Water Act requires that the state issue or deny
water certification for any federally permitted or licensed activity that may result in a
discharge into waters of the United States. The issuance of a 401 permit from DEM is
a prerequisite to the issuance of a Section 404 permit.
Since the proposed project is not located in a designated "Trout" county, the
authorization of a nationwide permit by the COE is not conditioned upon the
7
concurrence of the Wildlife Resource Commission (WRC). However the area upstream
of the project is designated by the DEM as trout waters.
PROTECTED SPECIES
Some populations of fauna and flora have been in, or are in, the process of
decline either due to natural forces or their inability to coexist with human activities.
Federal law (under the provisions of the Endangered Species Act of 1973, as
amended) requires that any action, likely to adversely affect a species classified as
federally-protected, be subject to review by the Fish and Wildlife Service (FWS).
Plants and animals with federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under
provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as
amended. A threatened species is considered to be a species that is likely to become
an endangered species within the foreseeable future throughout all or a significant
portion of its range. As of March 28, 1995, the FWS lists the dwarf-flowered heartleaf
(Hexastylis naniflora) as the only federally-protected threatened species for Cleveland
County. A brief description of the characteristics and habitat of this species follows.
Hexastylis naniflora (dwarf-flowered heartleaf) Threatened
Plant Family: Aristolochiaceae
Federally Listed: April 14, 1989
Flowers Present: mid March - mid May
Distribution in N.C.: Burke, Catawba, Cleveland, Lincoln, Rutherford.
The dwarf-flowered heartleaf has heart-shaped leaves, supported by long thin
petioles that grow from a subsurface rhizome. The leaves are dark green in color,
evergreen, and leathery. Flowers are small, inconspicuous, jugshaped, and dark brown
in color. They are found near the base of the petioles. Fruits mature from mid-May to
early July.
Dwarf-flowered heartleaf populations are found along bluffs and their adjacent
slopes, in boggy areas next to streams and creekheads, and along the slopes of nearby
hillsides and ravines. It grows in acidic soils in regions with a cool moist climate.
Regional vegetation is described as upper piedmont oak-pine forest and as part of the
southeastern mixed forest.
BIOLOGICAL CONCLUSION NO EFFECT
A plant-by-plant survey of the project study area was conducted by NCDOT
biologists Logan Williams and Bruce Ellis on 21 March 1995 (B. Ellis, 1996). Prior to
the site survey, a known population of the dwarf-flowered heartleaf was visited to insure
accurate identification of key characteristics. The results of the survey revealed a few
8
individual plants of H9 stylis virginica. No Hexastylus naniflora was observed within
the project area. A review of the North Carolina Natural Heritage Program data base of
rare species and unique habitats revealed no listing of dwarf-flowered heartleaf within
1.6 km (1.0 mi) of the project area. Therefore, project construction will not effect the
dwarf-flowered heartleaf.
c: V. Charles Bruton, Ph.D.
Cyndi Bell, Acting Permits Supervisor
Hal Bain, Environmental Supervisor
File: B-2946
J a STATE
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
June 6, 1995
MEMORANDUM TO: Mr. Eric Galamb
DEM - DEHNR, 6th Floor
FROM: H. Franklin Vick, P. E., Manager
Planning and Environmental Branch
SUBJECT: Review of Scoping
179 over the First
bridge approaches
No. B-2946
R. SAMUEL HUNT I II
SECRE I'ARY
Sheets for Replacement of Bridge No.
Broad River and improvements to the
on SR 1530, Cleveland County, T.I.P.
Attached for your review and comments are the scoping sheets for the
subject project (See attached map for project location). The purpose of
these sheets and the related review procedure is to have an early "meeting
of the minds" as to the scope of work that should be performed and thereby
enable us to better implement the project. A scoping meeting for this
project is scheduled for July 19, 1995 at 10:30 A. M. in the Planning and
Environmental Branch Conference Room (Room 434). You may provide us with
your comments at the meeting or mail them to us prior to that date.
Thank you for your assistance in this part of our planning process.
If there are any questions about the meeting or the scoping sheets, please
call Ted Devens, P. E., Project Planning Engineer, at 733-7842.
TD/plr o m o?
Attachment wl? ?'
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To W
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BRIDGE PROJECT SCOPING SHEET
6/ 1 /95
TIP PROJECT: B-2946 DIVISION: 12
F. A. PROJECT: BRZ-1530(2) COUNTY: Cleveland
STATE PROJECT: 8.2801101 ROUTE: SR 1530
DESCRIPTION: Replacement of Bridge No. 179 over First Broad River and
improvements to bridge approaches on SR 1530.
PROJECT PURPOSE: Replace aging one-lane structure with a new two-lane structure.
PROJECT U.S.G.S. QUAD SHEET(S): Polkville, Benn Knob
ROADWAY CLASSIFICATION: Rural Local
CONSTRUCTION COST (INCLUDING ENGINEERING AND CONTENGENCIES) ........................ $ 0
RIGHT OF WAY COST (INCLUDING RELOCATION, UTILITIES, AND ACQUISITION) .............. $ 0
TOTAL COST ................................................................................................................... $ 0
TIP CONSTRUCTION COST ............................................................................................ $ 425,000
TIP RIGHT OF WAY COST ............................................................................................ $ 30,000
PRIOR YEARS COST ........................................................................................................ $ 0
TIP TOTAL COST ........................................................................................................... $ 455,000
WILL THERE BE SPECIAL FUNDING PARTICIPATION BY MUNICIPALITY, DEVELOPERS,
OR OTHERS? NO
IF YES, BY WHOM'?
WHAT AMOUNT? $ OR %
TRAFFIC: CURRENT 100 VPD: DESIGN YEAR 200 VPD
TTST 7 % DUAL ? %
EXISTING ROADWAY TYPICAL SECTION: 2-Lane dirt road with shoulders
PROPOSED ROADWAY TYPICAL SECTION: 2-Lane dirt road with shoulders
METHOD OF REPLACEMENT:
1. EXISTING LOCATION - ROAD CLOSURE --------------------------------------
2. EXISTING LOCATION - ON-SITE DETOUR ------------------------------------ ?
3. RELOCATION OF STRUCTURE ----------------------=------------------------------ ?
4. OTHER ------------------------------------------------------------------------------------- ?
EXISTING STRUCTURE: LENGTH 46 METERS WIDTH 3.7 METERS
151 FEET 12.2 FEET
PROPOSED STRUCTURE: LENGTH 46 METERS WIDTH 7.3 METERS
151 FEET 24 FEET

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NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
PLANNING AND ENVIRONMENTAL
BRANCH
REPLACEMENT OF BRIDGE NO. 179 OVER
FIRST BROAD RIVER AND IMPROVEMENTS
TO BRIDGE APPROACHES ON SR 1530.
CLEVELAND COUNTY
T.I.P. NO. B-2946
I FIG.1 I
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Project B-2946 Scoping Meeting
July 19, 1995
Agenda
Self-Introductions
Protect Description
Replace Bridge No. 179 over the First Broad River and improve approaches on SR
1530. Cleveland County. Federal Project BRZ-1530(2). State Project 8.2801101.
TIP Project B-2946.
Bridge No. 179 is a that carries SR 1530 over the First Broad
River. SR 1530 is located m northern Cleveland County. Closure of the bridge (hence SR
1.530) is feasible, because a detour is available in the immediate vicinity.
Bridge No. 179 consists of a double timber deck on steel I-beams and exterior
channels. The structure has a clear roadway width of 11.1 feet and a length of 151 feet.
The bridge was built in 1958 and has a sufficiency rating of 35. Guard rails appear
inadequate. The bridge weight limits are posted at 10 tons for single vehicles and 14 tons
for truck tractor semitrailers.
Video Presentation of project
Purpose and Need
The purpose of this project is to provide improved safety on SR 1530 by replacing
an aging and deteriorated structure.
Existing Facility
SR 1530 connects NC 226 (Polkville Road) with SR 1533, or with SR 1529 (via SR
1531). SR 1530 is a gravel/dirt road with a 20-foot traveled way and minimal grass
shoulders. Speed is limited by steep grades and several sharp curves. In the vicinity of
Bridge 179, speed is limited to 15 mph.
Detour Description
Depending on travel direction, a detour is available that causes travel distance to
increase from 1.3 to 2.1 miles longer than simply traveling on SR 1530. Starting at NC
226, the best detour appears to follow SR 1529 northward until its intersection with SR
1533. From there, a vehicle can travel on SR 1533 to the intersection with SR 1530. This
detour route crosses two structures:
Bridge No. 262 carries SR 1529 over the First Broad River. The structure consists
of a timber deck supported by steel caps on steel piles. The structure has a clear roadway
width of 17.0 feet and a length of 121 feet. The bridge was built in 1975 and has a
sufficiency rating of 51. The only railing evident is a timber "bump" rail. The bridge weight
limits are posted at 24 tons for single vehicles and 27 tons for truck tractor semitrailers.
Structure No. 429 is an arched pipe with no weight limits posted. The pipe carries
North Business Creek tinder SR 1533.
Potentially! Historic Architecture or Archaeological Sites:
Only one structure is in the project vicinity. It does not appear historically
significant or older than 50 years.
Ms. Debbie Bevin of SHPO cannot attend the scoping meeting.
Comments by Environmental Agencies:
Ms. Stephanie Goudreau of the N.C. Wildlife Resources Commission has
commented in the form of a letter reply to the scoping sheets. In her reply, Ms. Goudreau
wrote that "Biological Staff of the NCWRC have reviewed the scoping sheets for the
subject project and have not identified any special concerns regarding this project."
Initial screening of GIS reveals two concerns:
1. First Broad River may be a trout stream.
2. First Broad River in the project vicinity is classified as WS-IV.
Parks
None.
Hazardous Materials
None known. GIS revealed none.
Noise Impacts
The detour route will temporarily experience more traffic, thus more frequent noise,
than normally experienced.
Traffic Counts
The NCDOT Traffic Forecasting Unit has provided the following traffic count
information:
1995 ADT: 120 Dual %: 3
2020 ADT: 400 TTST%: I
DHV: 12
DIR%: 60
Accidents
No accidents were reported on the bridge from April 1992 - April 1995.
Railroad Crossings
None.
Structural Recommendations and Realignment of Bridle Approaches
Approaches to Bridge No. 179 are very poor. Both horizontal and vertical
alignment cause very slow approach conditions.
Comments from Lee McCrory, Roadway Design Engineer:
Speed Limits
Utilities
Gage station (?)
Right-of-Way Required
Other Comments
Schedule
Currently scheduled as a Federal CE:
CE JUN 96
Right-of-Way DCTP 17ec 9,6
Let Date OCX-97? A., 9S
Funding
The project is federally funded.
TIP Estimate
R/W 30,000
Construction 425,000
Total 455,000
Establish Interim Schedules
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NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
PLANNING AND ENVIRONMENTAL
BRANCH
REPI-ACEMENT OF BRIDGE NO. 179 OVER
FIRST BROAD RIVER AND IMPROVEMENTS
TO BRIDGE API'ROACIII.S ON SR 1530.
CLEVLLAND COl1N1 Y
T.I.P. NO. I1-2946
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MEMORANDUM
FROM: Ted Devens, P.E., Project Engineer
SUBJECT: Minutes of Scoping Meeting for TIP Project B-2946
DATE: July 20, 1995
At 10:30 am on July 19, 1995, a scoping meeting was held for the subject project in
the Planning and Environmental Branch conference room. In attendance were:
Ted Devens Planning and Environmental
Tracy Turner Planning and Environmental
Michael Rutkowski Statewide Planning
Jerry Snead Hydraulics
Eric Galamb Division of Environmental Management
Darin Wilder Program Development Branch
Tony Davis Structure Design
Ray Moore Structure Design
Sue Flowers Roadway Design
Lee McCrory Roadway Design
Stephanie Briggs Planning and Environmental Branch
Betty Yancey Right-of-Way
Don Wilson Location & Surveys
Kevin Bisby Traffic Control
Theresa Ellerby Program Development
These minutes are augmented by the agenda sheet provided to attendees of the scoping
meeting. Copies of these minutes will be distributed to all attendees and to the FHWA.
Summary of Meeting:
The federally-funded CE will study replacement of Bridge No. 179 over the First
Broad River and improvement to approaches on SR 1530. Cleveland County. Federal
Project BRZ-1530(2). State Project 8.2801101. TIP Project B-2946.
Two courses of action were decided upon:
1. Evaluate the possibility of permanent closure of the bridge, due to low traffic
volumes, availability of adjacent detour sites, and high cost of bridge replacement.
2. Evaluate replacement of Bridge No. 179 using the least expensive means.
Proceedings of Scoping Meeting:
The project was introduced as the replacement of Bridge No. 179 over the First
Broad River.
Bridge No. 179 is a one-lane structure that carries SR 1530 over the First Broad
River. SR 1530 is located in northern Cleveland County. Closure of the bridge (hence SR
1530) is feasible, because a detour is available in the immediate vicinity.
Bridge No. 179 consists of a double timber deck on steel I-beams and exterior
channels. The structure has a clear roadway width of 11.1 feet and a length of 151 feet.
The bridge was built in 1958 and has a sufficiency rating of 35. Guard rails appear
inadequate. The bridge weight limits are posted at 10 tons for single vehicles and 14 tons
for truck tractor semitrailers.
A video presentation of the project site and detour was given.
The purpose of this project is to provide improved safety on SR 1530 by replacing
an aging and deteriorated structure. SR 1530 connects NC 226 (Pollcville Road) with SR
1533, or with SR 1529 (via SR 1531). SR 1530 is a gravel/dirt road with a 20-foot traveled
way and minimal grass shoulders. Speed is limited by steep grades and several sharp
curves. In the vicinity of Bridge 179, speed is limited to 15 mph.
Depending on travel direction, a detour is available that causes travel distance to
increase from 1.3 to.2.1 miles longer than simply traveling on SR 1530. The detour is
paved for 80% of its length. Starting at NC 226, the best detour appears to follow SR 1529
northward until its intersection with SR 1533. From there, a vehicle can travel on SR 1533
to the intersection with SR 1530. This detour route crosses two structures:
Bridge No. 262 carries SR 1529 over the First Broad River. The structure consists
of a timber deck supported by steel caps on steel piles. The structure has a clear roadway
width of 17.0 feet and a length of 121 feet. The bridge was built in 1975 and has a
sufficiency rating of 51. The only railing evident is a timber "bump" rail. The bridge weight
limits are posted at 24 tons for single vehicles and 27 tons for truck tractor semitrailers.
Structure No. 429 is an arched pipe with no weight limits posted. The pipe carries
North Business Creek under SR 1533.
There is no need for bicycle accommodations.
Only one structure is in the project vicinity. It does not appear historically
significant or older than 50 years. Therefore, there does not appear to be a need for any
historic architecture survey. SHPO must be consulted in this matter, and also as to whether
an archaeological survey is warranted. Ms. Debbie Bevin of SHPO could not attend the
scoping meeting, but will be consulted.
Comments from Environmental agencies were then discussed. Ms. Stephanie
Goudreau of the N.C. Wildlife Resources Commission has commented in the form of a
letter reply to the scoping sheets. In her reply, Ms. Goudreau wrote that "Biological Staff
of the NCWRC have reviewed the scoping sheets for the subject project and have not
identified any special concerns regarding this project."
Initial screening of GIS reveals two concerns:
1: First Broad River may be a trout stream.
2. First Broad River in the project vicinity is classified as WS-IV.
Mr. Eric Galamb of DEM noted that the First Broad River in this vicinity is NOT a
trout stream He agreed with the WS-IV classification. Mr. Galamb requested that the
replacement structure be a bridge, have weep holes that do not drain directly into the river,
and have bents placed outside of the stream cross-section. He also requested high quality
soil and erosion control measures - due to the WS-IV classification. At this time, it is not
known where the closest water supply intake is. That needs to be determined.
No parks or hazardous material sites are known to be in the vicinity.
The detour route will temporarily experience more traffic, thus more frequent noise,
than normally experienced.
The NCDOT Traffic Forecasting Unit has provided the following traffic count
information:
1995 ADT: 120 Dual %: 3
2020 ADT: 400 TTST%: 1
DHV: 12
DIR%: 60
No accidents were reported on the bridge from April 1992 - April 1995.
Considerable discussion was held about approach recommendations and the bridge
replacement itself. Two study alternatives evolved:
First, inquiry will be made into the possible permanent closure of the bridge.
However, this may entail transferring funds to replace Bridge No. 262 over the First Broad
River, which is on the detour route. Bridge No. 262 also has a low sufficiency rating,
substandard railing, and poor approach alignment.
Second, studies will be made to obtain the LEAST EXPENSIVE replacement
bridge alternative to replace the old structure. Given the very poor alignment of SR 1530,
all agreed it does not make sense to build an expensive, high design speed replacement
bridge, when just up the road speeds are limited to 15 mph by sharp curves. Mr. Lee
McCrory requested that alternative designs be kept to a minimum two or three.
Mr. Jerry Snead of Hydraulics indicated that the existing structure is very high and
has a drainage area of around 60 square miles. Therefore, he does not anticipate that a
culvert will be feasible.
Mr. Devens spoke to FHWA the day following the scoping meeting to explain the
situation. Mr. Dan Hinton, the FHWA Area Engineer, agreed that a low design speed
should be adequate. He pointed out that DOT must first determine its own recommended
design exceptions, and then approach FHWA.
Traffic control was discussed. There are two options:
1. Traffic could be maintained on the existing bridge if the replacement bridge is
adjacently built.
2. Traffic could be detoured as discussed above. However, Bridge No. 262 would
require a guardrail upgrade at the minimum, before more traffic is routed onto the detour.
A gage station might be located adjacent to Bridge No. 179, and should thus be
spared any disturbance, if possible.
Minimum right-of-way will be required. Ms. Betty Yancey relayed that the 1-year
period currently scheduled for acquisition should be adequate.
The project schedule was discussed briefly. Currently this project is scheduled as a
Federal Categorical Exclusion, due in June 1996. Roadway design bar charts currently
reflect a January 1997 R/W date and a January 1998 let date.
After the meeting, Mr. Devens called the Division Construction Engineer.
Currently, the division has no plans to pave SR 1530.
ST" 7Z,
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1
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201. RALEIGH, N.C. 2761 1-5201 E. NORRIS TOLSON
GOVERNOR SECRETARY
April 15, 1998
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
ATTN: Mr. Steve Lund
NCDOT Coordinator
Dear Sir:
N
MAY
WHLOUS W-?G!
SUBJECT: APPLICATION FOR A NATIONWIDE PERMIT 23 RENEWAL FOR
REPLACEMENT OF BRIDGE NO. 179 OVER FIRST BROAD RIVER
ON SR 1530, CLEVELAND COUNTY. TIP B-2946.
On October 7, 1996, the North Carolina Department of Transportation received
the Nationwide Permit (NWP) No. 23, Action ID. 199604323, for the referenced project.
This permit expired on January 21, 1997. The replacement of the Bridge No. 179 is
scheduled to be let to construction in August 1998. Consequently, NCDOT needs to
renew authorization for this work.
The information regarding the project description has not changed since the
distribution of the Categorical Exclusion planning document in a letter dated August 22,
1996. There will be no wetland impacts and less than 0.05 acres of impacts to surface
waters. The bridge will be replaced on existing location while traffic is routed to an off-
site detour.
The DOT requests a renewal of the NWP 23 permit. By copy of this letter, it is
also requested that a General Water Quality Certification be renewed by the North
Carolina Division of Water Quality.
2
If you have any questions or need any additional information, please contact
Michael Wood at [phone] Extension 306.
SincerelyAC.Robinson, Dav Ph.D., P.E., Asst. Manager
Planning and Environmental Branch
DCR:hrs
cc: Mr. David Franklin, ACOE
Mr. John Dorney, Division of Water Quality
Mr. William J. Rogers, P.E., Structure Design
Mr. Tom Shearin, P.E., Roadway Design
Mr. Whit Webb, P.E., Program Development
Mr. R. L. Hill, P.E., Highway Design
Mr. A. L. Hankins, P.E., Hydraulics
Mr. R. W. Spangler, P.E., Division 12 Engineer
Ms. Beverly Robinson, P.E., Planning & Environmental

REPLY TO
ATTENTION OF
Regulatory Branch

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 7, 1996
,r
Action ID No. 199604323 and Nationwide Permit No. 23 (Approved Categorical
Exclusions); TIP No. B-2946
Mr. Frank Vick
State of North Carolina
Department of Transportation
Post office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
S OCT 1 n 19oG
L
t
?ONhgEN ?'?
Reference your August 22, 1996 application for Department of the Army
(DA) authorization to replace Bridge 4179 over the First Broad River, on
SR 1530, north of Polkville, in Cleveland County, North Carolina. Bridge 4179
will be replaced on existing location with a new structure approximately
185 feet in length and 25 feet wide. Traffic will be detoured on existing
secondary roads during construction. It is anticipated that there will be
minimal adverse impact co cne waters of she First Broad River as a result of
the project. No wetlands will be impacted.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section
404 of the Clean Water Act, was provided for activities undertaken, assisted,
authorized, regulated, funded or financed, in whole or 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 nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). You should contact
Mr. John Dorney, telephone [phone], regarding water quality
certification. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approval.
l?
i
2
This verification will be valid until the nationwide permit is modified,
reissued or revoked. All the nationwide permits are scheduled to be modified,
reissued or revoked prior to 21 January 1997. It is incumbent upon you to
remain informed of changes to the nationwide permits. we will issue a public
notice announcing the changes when they occur. Furthermore, if you commence
or are under contract to commence this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide permit.
Questions or comments may be addressed to Mr. Steve Chapin in our
Asheville Regulatory Field Office at [phone].
Sincerely,

Robert W. Johnson
Office Manager
Asheville Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
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