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HomeMy WebLinkAbout19970117 Ver 1_Complete File_19970220State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Franklin Vick N.C. Dept. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: AT.RMAI AMI 0 - ED EHNR March 4, 1997 Catawba County WQC 401 Project #970117 You have our approval, in accordance with the attached conditions, to place fill material in waters for the purpose of replacing bridge #94 at SR 1722 over McLin Creek, as you described in your application dated 20 February 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3107. This Certification allows you to use Nationwide Permit Number 23 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. Applicant is reminded that HQW Best Management Practices for Sediment and Erosion Control shall be used. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Si erely, k4Pron How r. P Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office Mr. John Dorney Central Files 970117.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper ?R? . ..,. 0 7 0 1 1 7 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 February 14, 1997 U. S. Army Corps of Engineers Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 ATTN: Mr. Cliff Winefordner Chief, Southern Section Dear Sir: GARLAND B. GARRETT JR. SECRETARY SUBJECT: Catawba County, Replacement of Bridge No. 94 over McLin Creek on SR 1722; Federal Aid Project No. BRZ-1722(1); State Project No. 8.2791601; TIP No. B-2941. Attached for your information is a copy of the project planning document for the subject project prepared by the North Carolina Department of Transportation (DOT) and signed by the Federal Highway Administration (FHWA) on October 31, 1996. The project involves replacing Bridge No. 94 over McLin Creek on SR 1722. The new bridge will be placed on existing alignment. During project construction, traffic will be maintained using an on-site detour located south of the existing structure. No jurisdictional wetlands will be impacted by the subject project. The project is being processed by the FHWA as a "Categorical Exclusion" (CE) in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit but propose to proceed under a Nationwide Permit 23 in accordance with 33 CFR 330 Appendix A (B-23) issued December 13, 1996, by the Corps of Engineers (COE). The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. The DOT anticipates that 401 Ggn?ra)Hth r Quality Certification for an approved CE will apply to this project. A copy of oe ument has also been provided to the North Carolina Department of Environm 1lt, and Natur al Resources, Division of Water Quality, for their review.- 0 • 2 If you have any questions or need any additional information, please contact Mr. Phillip Todd at (919) 733-7844 extension 314. Sincerel , H. Franklin Vick, PE, Manager Planning and Environmental Branch HFV/plr cc: w/ attachments Mr. Bob Johnson, COE, Asheville Mr. John Dorney, NCDEHNR, Division of Water Quality Mr. William Rogers, P.E., Structure Design w/o attachments Mr. Kelly Barger, P.E., Program Development Mr. Don Morton, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. Tom Shearin, P.E., Roadway Design Mr. R. W. Spangler, P.E., Division 12 Engineer Mr. Jim Buck, P.E., Planning & Environmental br Catawba County SR 1722 Bridge No. 94 Over McLin Creek Federal-Aid Project No. BRZ-1722(1) State Project No. 8.2791601 T.I.P. No. B-2941 CATEGORICAL EXCLUSION U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: ? r 03 . D TE H. Franklin Vick, P. E., anager Planning and Environmental Branch, NCDOT DATE 4iNicholas L. Graf, P.E. Division Administrator, FHWA Catawba County SR 1722 Bridge No. 94 Over McLin Creek Federal-Aid Project No. BRZ-1722(1) State Project No. 8.2791601 T.I.P. No. B-2941 CATEGORICAL EXCLUSION OCTOBER 1996 Document Prepared by Wang Engineering Company, Inc. , ' k L"' U3 ?aa??umnin?na,,,? CA '- Pamela R. Williams ?•?pEESS?p •••? Project Engineer SQL •: 7521 6117 mes Wang, Ph.D., P.E. n, ??o`r?°• ?''''vuu i President ??? u For North Carolina Department of Transportation 1L . ai GrigEngineering E., Unit Head Co It ant Unit z?4? /? 4t-?? mes A. Buck, P. E. Project Planning Engineer V SR 1722 Bridge No. 94 Over McLin Creek Catawba County Federal-Aid Project No. BRZ-1722(1) State Project No. 8.2791601 T.I.P. No. B-2941 Bridge No. 94 is included in the North Carolina Department of Transportation 1997-2003 Transportation Improvement Program. The location is shown in Figure 1. No substantial impacts are anticipated as a result of this action. The project is classed as a Federal "Categorical Exclusion." 1. SUMMARY OF ENVIRONMENTAL COMMITMENTS 1. All Standard procedures and measures, including NCDOT's Best Management Practices for Protection of Surface Waters, will be implemented, as applicable, to avoid or minimize environmental impacts. 2. The temporary detour approach fills will be removed to pre-construction contour and revegetated. 3. Location and installation of any required deck drains will be determined during final design phase II. SUMMARY OF RECOMMENDATIONS Bridge No. 94 will be replaced on existing alignment with a new bridge 44 meters (145 ft) in length and 9.2 meters (30 ft) in width (Figure 2). The resulting roadway surface on the bridge will accommodate a 7.2 meter (24 ft) travelway with 1.0 meter (3 ft) shoulders on each side. The roadway grade at the bridge will be approximately the same elevation as the existing structure. Traffic will be maintained on-site with a temporary detour on the south side during the construction period. The estimated cost, based on current prices, is $915,500 including $40,500 for right-of-way and $875,000 for construction. The estimated cost of the project, as shown in the 1997-2003 Transportation Improvement Program, is $325,000 including $25,000 for right-of-way and $300,000 for construction. 1 III. EXISTING CONDITIONS SR 1722 is functionally classified as a rural minor collector. Land use in the project area is predominantly residential and agricultural. Bridge No. 94 is located within the City Limits of the small town of Catawba, 0.2 miles west of the junction with SR 1968. Near the bridge, SR 1722 has a 5.5 meter (18 ft) paved travel width with 2.1 meter (7 ft) shoulders. The bridge is approximately 60 m. (200 ft.) east of a 350 m. (5 degree) radius curve and approximately 215 m (700 ft.) west of a 295 m. (6 degree) radius curve. The roadway is approximately 5.2 meters (17 ft.) above the creek bed. The projected traffic volume is 1700 vehicles per day (vpd) for 1997 and 3200 vpd for the design year 2017. The volumes include one percent truck-tractor semi-trailer (TTST) and two percent dual-tired vehicles (DT). The speed limit is posted 70 km/h (45 mph) at the project site. The existing bridge was built in 1956 (Figure 3). The superstructure consists of three spans of reinforced concrete deck with steel 1-beams on reinforced concrete abutments. The overall length of the bridge is 31.3 meters (103 ft), consisting of three spans: 1 @ 8.5 meters (28 ft), 1 @ 14.3 meters (47 ft), and 1 @ 8,5 meters (28 ft). The clear roadway width is 7.6 meters (25 ft). The posted weight limit is 10.89 metric tons (12 tons) for single vehicles and 13.62 metric tons (15 tons) for truck tractor semi-trailers. Bridge No. 94 has a sufficiency rating of 20.4, compared to a rating of 100 for a new structure. This low rating warrants replacement of the bridge. Southern Railroad's arched bridge is approximately 22.9 meters (75 ft) north of Bridge No. 94. According to the Catawba County Planning Department, there is a 12 inch water line on the north side of the bridge below existing grade. A 15 inch sewer line was observed downstream from the bridge on the north side of the railroad tracks during the investigation. Overhead powerlines are on the north and south side of the bridge. The powerline on the north side of the bridge crosses SR 1722 east of the bridge. An overhead telephone line is on the south side of the bridge. Utility impacts are anticipated to be low. Six accidents were reported in the vicinity of the bridge during the period from April 1, 1992 to March 31, 1995. Three accidents occurred in the curve east of the bridge and two accidents occurred in the curve west of the bridge. The one accident that occurred on the bridge was due to icy conditions. Ten Catawba County school busses cross Bridge No. 94 daily. 2 IV. ALTERNATIVES No relocation alignments were considered for replacement of the existing bridge. As shown by the plan review (Figure 2), the existing roadway provides the best alignment possible. Bridge No. 94 will be replaced with a new bridge 44 meters (145 ft) in length and 9.2 meters (30 ft) in width. The resulting roadway surface on the bridge will accommodate a 7.2 meter (24 ft) travelway with 1.0 meter (3 ft) shoulders on each side. Traffic will be maintained by constructing a temporary on-site detour south of the existing bridge. The temporary detour bridge will be approximately 32 meters (105 ft) in length. Due to the relatively high volume of traffic generated by industry to the east of Bridge No. 94, the 12.9 kilometer (8 mi.) off-site detour route is not economically feasible. Utilizing an off-site detour will create hardships for school buses using SR 1722. The "do-nothing" alternative would eventually necessitate closure of the bridge. This is not desirable due to the traffic service provided by SR 1722. Investigation of the existing structure by the Bridge Maintenance Unit indicates the rehabilitation of the old bridge is not feasible due to its age and deteriorated condition. V. ESTIMATED COST The estimated costs, based on current prices, are as follows: (Recommended) Structure Removal (existing) $ 15,810 Structure (proposed) 283,360 Roadway approaches 96,630 Temp. Detour Structure and Approaches 183,500 Miscellaneous and Mobilization 170,700 Engineering and Contingencies 125,000 ROW/Const. Easements/Utilities 40,500 TOTAL $915,500 VI. RECOMMENDED IMPROVEMENTS Bridge No. 94 over McLin Creek will be replaced on existing location. Traffic will be maintain by a temporary on-site detour south of the existing bridge (Figure 2). The proposed roadway over the bridge will provide a 7.2 meter (24 ft) travel way with 1.0 meter (3 ft) shoulders. The Division Engineer concurs in the recommendation that the bridge be replaced at the existing location with a temporary on-site detour on the southern side. Based on a preliminary hydraulic analysis utilizing the 25 year design storm, the new structure is recommended to have a length of approximately 44 meters (145 ft.). The elevation of the new structure will be approximately the same as the existing bridge. The replacement structure will maintain a minimum 0.3% grade to facilitate deck drainage. The length and height may be increased or decreased as necessary to accommodate peak flows as determined by further hydrologic studies. VII. NATURAL RESOURCES The proposed project lies in Catawba County (Figure 1) in a rural area west of Catawba, North Carolina within the Piedmont Physiographic Province. Catawba County is primarily agricultural but is rapidly becoming an industrial and urban county. Methodology Informational sources used to prepare this report include: United States Geological Survey (USGS) quadrangle map (Catawba, 1970); NCDOT aerial photographs of project area (1:1200); Soil Conservation Service (SCS) soil maps (1975); Fish and Wildlife Service (FWS) National Wetlands Inventory Map (Catawba, 1994); FWS list of protected species and federal species of concern (1996); and North Carolina Natural Heritage Programs (NCNHP) database of uncommon species and unique habitats. Research using these resources was conducted prior to the field investigation. A general field survey was conducted along the proposed project corridor on March 20, 1996. Plant communities and their associated wildlife were identified using a variety of observation techniques, including active searching, visual observations with binoculars, and identifying characteristic signs of wildlife (sounds, tracks, scats, and burrows). Quantitative impact calculations were based on the worst case scenario using the full 24.4 m (80.0 ft) wide right-of-way limits, the width of the stream for aquatic impacts, and the length of the project approaches. The actual construction impacts should be less, but without speck replacement structure design information (culvert, pier intrusions, etc.) the worst case was assumed for the impact calculations. Definitions for area descriptions used in this report are as follows: "project study area", "project area", and "project corridor" denote the area being directly impacted by each alternative. "Project vicinity" denotes the area within a 1.6 km (1.0 mi.) radius of the project area. Topography and Soils The topography of the project area is characterized as rolling hills with steeper slopes along the major streams. Project area elevation is approximately 237.7 m (780.0 ft). This portion of Catawba County contains soils from the Hiwassee-Cecil association, which are characterized as being gently sloping to moderately steep soils that have a subsoil that is dominantly dark-red or red, firm clay found on broad ridgetops and short side slopes. The field investigation confirms the soils as they are mapped. 4 WATER RESOURCES This section describes each water resource and its relationship to major water systems. The proposed project lies within the Catawba River drainage basin. Water Resource Characteristics McLin Creek is a perennial tributary within the Catawba River basin. The stream banks are well defined, approximately 3.0 m (10.0 ft) high, and vegetated with river birch, greenbrier, and Japanese honeysuckle. Within the project area McLin Creek is approximately 15.8 m (52.0 ft) wide. The stream flows southwest to northeast through the proposed project area with a width at the bridge of 18.0 m (60.0 ft). The stream was approximately four to five feet deep on the day of the investigation. The stream was turbid and the bottom was not visible. McLin Creek has a Class WS-IV rating and stream index no. 11-76-5(3) from the North Carolina Division of Environmental Management (NCDEM). This best usage classification is generally assigned to surface waters used as sources of water supply for drinking, culinary or food processing purposes. These waters are suitable for all Class C uses. Class C uses include aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. The set of more stringent erosion control rules under the NC Sedimentation Pollution Control Act that apply within WS I and WS II watershed do not apply to land disturbing activities in WS IV watersheds. The Federal Emergency Management Agency (FEMA) Flood Boundary and Floodway Map for Catawba County (1980) indicates the project area lies in Zone A7 where base flood elevations and flood hazard factors have been determined. The base flood elevation at Bridge No. 94 is 238.4 m (782.0 ft). The NCDEM does not maintain a fish or macroi nverteb rate sampling station on McLin Creek within or near the project area; however, McLin Creek flows into Lyle Creek which does have a sampling station. Benthic macro-invertebrates, or benthos, are organisms that live in and on the bottom substrates of rivers and streams. The use of benthos data has proven to be a reliable tool as some benthic macroinvertebrates are sensitive to subtle changes in water quality. Criteria have been developed to assign bioclassifications ranging from "Poor" to "Excellent" to each benthic sample based on the number of taxa present in the intolerant groups Ephemeroptera, Plecoptera and Trichoptera 8 (EPT). Different criteria have been developed for different ecoregions (mountains, piedmont, coastal) within North Carolina. Data from Lyle Creek at US 64/70 in August 1992 indicated an EPT taxa richness value of 22 which is a bioclassification of "Good". The NCDEM also uses the North Carolina Index of Biotic Integrity (NCIBI) as another method to determine general water quality. The method was developed for assessing a stream's biological integrity by examining the structure and health of its fish communities. The scores derived from the index are a measure of the ecological health of the waterbody and may not necessarily directly correlate to water quality. Data from Lyle Creek at US 64170 in November 1993 indicated a NCIBI score of 52, which was an integrity class of "Good". The Catawba County Watershed Protection District Ordinance (1993) provides regulations to limit the exposure of watersheds in Catawba County to pollution. The Critical Area is defined as being one-half mile from a lake or where water is taken from a river. The critical area is the area closest to a drinking water source. Therefore, the regulations restrict development in this area. 5 The Protected Area is the remainder of the watershed where the regulations apply. The Watershed Protection District Map indicates that the project area is not within a Critical Area. No waters classed by NCDEM as High Quality Waters (HQW), Outstanding Resource Waters (ORW), or waters designated as WS-1 or WS-11 are located within 1.6 km (1.0 mile) of the project study area. No impacts to sensitive water resources of any kind will take place as a result of the project construction. Anticipated Impacts to Water Resources Short-term impacts to water quality can be anticipated from construction-related activities, which may increase sedimentation and turbidity. Short-term impacts will be minimized by the implementation of NCDOT's Best Management Practices for Protection of Surface Waters, as applicable. Long-term impacts to water resources are not expected as a result of proposed improvements. BIOTIC RESOURCES Living systems described in the following sections include communities of associated plants and animals. These descriptions refer to the dominant flora and fauna in each community and the relationship of these biotic components. Scientific nomenclature and common names (when applicable) are used for the plant and animal species described. Subsequent references to the same species include the common name only. Terrestrial Communities The predominant terrestrial communities found in the project study area are man-dominated and successional mixed hardwood forest. Dominant faunal components associated with these terrestrial areas will be discussed under the community description. Many species are adapted to the entire range of habitats found along the project alignment, but may not be mentioned separately in each community description. Man-Dominated Community This highly disturbed community includes the road shoulders, the powerline easement, and the area adjacent to the railroad (Figure 2). Many plant species are adapted to these disturbed and regularly maintained areas. The roadsides are dominated by fescue (Festuca sp.), ryegrass (Lolium sp.), wild onion (Allium canadense), birdfoot violet (Viola pedata), henbit (Lamium amplexicaule), vetch (Vicia sp.), and dandelion (Taraxacum officinale). The area along the railroad and the powerline easement are dominated by the above species as well as kudzu (Pueraria lobata), blackberry (Rubus sp.), Japanese honeysuckle (Lonicera japonica), tree-of- heaven (Ailanthus altissima), and some river birch (Betula nigra) saplings. The animal species present in these disturbed habitats are opportunistic and capable of surviving on a variety of resources, ranging from vegetation (flowers, leaves, fruits, and seeds) to both living and dead faunal components. Although not observed during the site visit, the Virginia opossum (Didelphis virginiana), several species of mice (Peromyscus sp.), Northern cardinal (Cardinalis cardinalis), American crow (Corvus brachyrhynchos), and the American robin (Turdus migratodus) are often attracted to these roadside and disturbed habitats. 6 Successional Mixed Hardwood Community This forested community occurs along McLin Creek upstream from the bridge. The dominant canopy trees on the east side of the creek include river birch, tulip poplar (Liriodendron tulipifera), American sycamore (Platanus occidentalis), and sweetgum (Liquidambar styraciflua). An understory of ironwood (Carpinus caroliniana) and willow oak (Quencus phellos) are also found in this community. The shrub layer is dominated by privet (Ligustrum sinense), and the herbaceous layer consists mainly of Japanese honeysuckle, bedstraw (Galium sp.), common greenbrier (Smilax rotundifolia), poison ivy (Toxicodendron radicans), and kudzu. The west side of the creek is dominated by river birch, tulip poplar, kudzu, Japanese honeysuckle, and greenbrier as well as a planted pine (pinus sp.) area. Although only a downy woodpecker (Picoides pubescens), a Carolina wren (Thryothorus ludovicianus), and a gray squirrel (Sciurus carolinensis) were observed during the site visit, other animals previously listed may be found in this community along with the raccoon (Procyon lotor), the mourning dove (Zenaida macroura), and the Eastern box turtle (Terrapene carolina carolina). Aquatic Communities The aquatic community in the project area exists within McLin Creek. On the day of investigation the stream was turbid and the bottom was not visible. Animals such as the belted kingfisher (Megaceryle alcyon), the bullfrog (Rana catesbeiana), and the snapping turtle (Chelydra serpentina) may reside along the waters edge. Due to the large size and depth of McLin Creek, macroinvertebrates such as mayfly (Ephemeroptera), stonefly (Plecoptera), and caddisfly (Trichoptera) larvae are confined to the shallow rocky areas and snag habitats along the creek banks. The macroinvertebrate fauna within the channel would be dominated by chironimid larvae (midges) and oligochaetes (segmented worms). According to the North Carolina Wildlife Resources Commission, in a memorandum dated April 10, 1996, (see appendix) the following fish species were collected in McLin Creek in 1991: common carp (Cyprinus carpio), rosyside dace (Clinostomus funduloides), bluehead chub (Nocomis leptocephalus), greenhead shiner (Notropis chlorocephalus), creek chub (Semotilus atromaculatus), white sucker (Catostomus commersoni), silver (v-lip) redhorse (Moxostoma anisurum), striped jumprock (Moxostoma rupiscartes), channel catfish (Ictalurus punctatus), redbreast sunfish (Lepomis auritus), bluegill (Lepomis macrochirus), fantail darter (Etheostoma flabellare), and tessellated darter (Etheostoma olmstedi). Anticipated Impacts to Biotic Communities Biotic community impacts resulting from project construction are addressed separately as terrestrial impacts and aquatic impacts. Table 1 details the anticipated impacts to terrestrial and aquatic communities by habitat type. However, impacts to terrestrial communities, particularly in locations exhibiting steep slopes, can result in the aquatic community receiving heavy sediment loads as a consequence of erosion. Efforts will be made to ensure that no sediment leaves the construction site. 7 TABLE 1 ANTICIPATED IMPACTS TO TERRESTRIAL and AQUATIC COMMUNITIES HECTARES(ACRES) Bridge No.94 Man- Mixed Aquatic Combined Total Replacement Dominated Hardwood & Community Impacts Community Planted Pine Community Alternative A 0.48(l.19) 0.01 (0.03) 0.04 (0.10) 0.53(l.32) Temporary 0.12 (0.29) 0.10 (0.24) 0.03 (0.08) 0.25 (0.61) Detour Terrestrial Communities Of the two terrestrial communities in the project area, the man-dominated community will receive the greatest impact from construction, resulting in the loss of existing habitats and displacement and mortality of faunal species in residence. Aquatic Communities The aquatic community in the study area exists within McLin Creek. The proposed bridge replacement may result in the disturbance of up to 0.04 hectare (0.10 acre) of stream bottom. This represents "worst case" condition; actual area of disturbance should be considerably less. Construction of the bridge and roadway approaches will likely increase sediment loads in the stream in the short term. Construction related sedimentation can be harmful to local populations of invertebrates which are an important part of the aquatic food chain. Potential adverse effects will be minimized through the implementation of NCDOTs Best Management Practices for Protection of Surface Waters, as applicable, and the use of erosion and sediment control measures as specified in NCDOT Erosion and Sedimentation Control Guidelines for Contract Construction (January 1995)'. SPECIAL TOPICS Jurisdictional Issues Waters of the United States Wetlands and surface waters fall under the broad category of "Waters of the United States" as defined in 33 CFR 328.3 and in accordance with provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344) and are regulated by the United States Army Corps of Engineers (USACOE). 8 Impacts to Wetlands and Surface Waters No wetlands will be impacted by the subject project as McLin Creek has well defined banks within the bridge replacement corridor. Investigation into wetland occurrence in the project area was conducted using methods of the 1987 Wetland Delineation Manual. Project construction cannot be accomplished without infringing on jurisdictional surface waters. Anticipated surface water impacts fall under the jurisdiction of the USACOE. Up to 0.04 hectare (0.10 acre) of jurisdictional surface water impacts may occur due to the proposed replacement of Bridge No. 94. Permits A Nationwide Permit No. 33 CFR 330.5(a)(23) is likely to be applicable for all impacts to Waters of the United States 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: 1) 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; 2) 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; 3) that the office of the Chief of Engineers has been furnished notice to the agency's or department's application for the categorical exclusion and concurs with that determination. The NCWRC made several potential recommendations pertaining to the permit application for this project in an April 10, 1996 memorandum (see Appendix). These recommendations, as applicable, will be implemented in accordance with the NCDOT's Best Management Practices for Protection of Surface Waters. Mitigation Compensatory mitigation is not proposed due to the limited nature of this project's impact, however, mitigation requirements on projects covered by Nationwide permits remains at the discretion of the USACOE. Rare and Protected Species Some populations of plants and animals are in the process of decline either due to natural forces or due to their inability to coexist with man. Rare and protected species listed for Catawba County, and any likely impacts to these species as a result of the proposed project construction, are discussed in the following sections. 9 Federally Protected Species Plants and animals with federal classification of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. The USFWS lists one federally protected species for Catawba County as of August 23, 1996, (see Table 2). TABLE 2 FEDERALLY-PROTECTED SPECIES FOR CATAWBA COUNTY Scientific Name Status (Common Name) Hexastylis naniflora T (Dwarf-flowered heartleaf) NOTE: T Denotes Threatened (a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range). The dwarf-flowered heartleaf is a perennial, evergreen herbaceous plant having the aroma of ginger. The leaves of the dwarf-flowered heartleaf are variegated, cordate to orbicular-cordate and approximately 4.0 to 6.0 cm (1.6 to 2.4 inches) long and wide. The flowers have a cylindrical calyx tube with an apical flare which is wider than the calyx tube is long. The flowers are present between late March and June. The dwarf-flowered heartleaf is often found in mature, deciduous forests on acidic, sandy loam soils of north facing bluffs and ravines. It is frequently associated with mountain laurel, and with Pacolet sandy loam soil of the Piedmont physiographic province. No habitat exists for the dwarf-flowered deciduous forests on north facing slopes. will not impact this threatened species. heartleaf as the are does not contain mature, It can be concluded that the proposed project BIOLOGICAL CONCLUSION: NO EFFECT Federal Species of Concern Federal Species of Concern (FSC) are not legally protected under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened of Endangered. Species designated as FSC are defined as taxa which may or may not be listed in the future. These species were formerly Candidate 2 (C2) species, or species under consideration for listing for which there is insufficient information to support listing. NCNHP database showed no recorded occurrences of state protected species within the project vicinity. 10 Table 3 includes FSC species listed for Catawba County and their state classifications. TABLE 3 FEDERAL SPECIES OF CONCERN CATAWBA COUNTY Scientific Name North Carolina Habitat (Common Name) Status Present Dactyloctythere isabelae N/L No (Catawba crayfish ostracod) Monotropsis odorata C Yes (Sweet pinesap) NOTES: C Denotes Candidate species which are considered by the State as being rare and needing population monitoring. N/L Denotes species for which the state status is not listed at this time. State Protected Species Plant and animals which are listed as Endangered (E), Threatened (T), or Special Concern (SC) by the NCNHP list of Rare Plant and Animal species are afforded limited state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. The NCNHP records indicated two state-listed Special Concern species, highfin carpsucker (Carpiodes velifer and loggerhead shrike (Lanius ludovicianus ludovicianus). A search of the NCNHP database showed no recorded occurrences of state protected species within the project vicinity and no individuals were observed during the investigation. VIII. CULTURAL RESOURCES This project is subject to compliance with Section 106 of the National Historical Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, coded at 36 CFR Part 800. Section 106 requires that for federally funded, licensed, or permitted projects having an effect on properties listed in or eligible for the National Register of Historic Places, the Advisory Council on Historic Preservation be given the opportunity to comment. The SHPO, in a memorandum dated April 4, 1996, stated that there are no known archaeological sites in the area and it is unlikely that any archaeological resources eligible for inclusion in the National Register of Historic Places will be affected by the project construction and therefore recommends that "no archeological investigation be conducted in connection with this project. A copy of the SHPO memorandum is included in the Appendix. In a concurrence form dated April 11, 1996, the State Historic Preservation Officer (SHPO) concurred that there are no historic architectural resources either listed in or eligible for listing in 11 the National Register of Historic Places located in the project's area of potential effect. A copy of the concurrence form is included in the Appendix. IX. ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact. Replacement of an inadequate bridge will result in safer traffic operations. The bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of current NCDOT standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulation. No significant change in land use is expected to result from construction of the project. No adverse impact on families or communities is anticipated. No relocatees are expected with implementation of the proposed alternatives. No adverse effect on public facilities or services is anticipated. The project is not expected to adversely affect social, economic, or religious opportunities in the area. There are no publicly owned parks, recreational facilities, or wildlife and waterfowl refuges of national, state, or local significance in the vicinity of the project. No geodetic survey markers will be impacted. Since the bridge will be replaced at its existing location the Farmland Protection Policy Act does not apply. This project is an air quality "neutral" project, so it is not required to be included the regional emission analysis (if applicable) and a project level CO analysis is not required. This project is located in Catawba County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR Part 51 is not applicable, because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. The traffic volumes will not increase or decrease because of this project. There are no receptors located in the immediate project area. The project's impact on noise and air quality will not be significant. Noise levels could increase during construction but will be temporary. 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 for highway traffic noise (23 CFR Part 772) and for air quality (1990 CAAA and NEPA) and no additional reports are required. An examination of records at the North Carolina Department of Environment, Health and Natural Resources, Division of Environmental Management, Groundwater Section and the 12 North Carolina Department of Human Resources, Solid Waste Management Section revealed no underground storage tanks or hazardous waste sites in the project area. Catawba County is a participant in the National Flood Insurance Regular Program. This site on McLin Creek is included in a detailed F.E.M.A. study. Attached is a copy of the Flood Insurance Rate Map, Figure 4, on which are shown the approximate limits of the 100-year flood plain in the vicinity of the project. On the basis of the above discussion, it is concluded that no significant adverse environmental effects will result from implementation of the project. The project is a Federal "Categorical Exclusion" due to its limited scope and lack of significant environmental consequences. 13 REFERENCES Burt, W.H. and R.P. Grossenheider. 1952. A Field Guide to Mammals. Houghton Mifflin Publishing, Boston, Massachusetts. Catawba County Watershed Protection District Ordinance. 1993. Conant, R., and J.T. Collins. 1958. A Field Guide to Reptiles and Amphibians of Eastern andCentral North America. Houghton Mifflin Publishing, Boston, Massachusetts. Cowardin, L.M., V. Carter, F.C. Golet and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. Prepared for the U.S. Fish and Wildlife Service, United States Department of the Interior, Washington DC. Delorit, R.J. 1970. An Illustrated Taxonomy Manual of Weed Seeds. Agronomy Publications, River Falls, Wisconsin. Environmental Laboratory. 1987. U.S. Army Corps of Engineers. Wetlands Delineation Manual, Technical Report Y-87-1. United States rmy Engineer Waterways Experiment Station, Vicksburg, Mississippi. Farrand, J., Jr. 1993. Audubon Society Guide to Animal Tracks of North America. Chanticleer Press, New York, New York. Natural Heritage Program List of Rare Species of North Carolina. February 1996. North Carolina Natural Heritage Program, Raleigh, North Carolina. Newcomb, L. 1977. Newcomb's Wildflower Guide. Little, Brown and Company, Boston, Massachusetts. North Carolina Department of Environment, Health, and Natural Resources. 1993 Classifications and Water Quality Standards Assigned to The Waters of the Catawba River Basin. Division of Environmental Management, Raleigh, North Carolina. Preston, R.J. and V.G. Wright. Identification of Southeastern Trees in Winter North Carolina Cooperative Extension Service, Raleigh, North Carolina. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, North Carolina. Robbins, C.S., B. Bruun and H.S. Zim. 1966. A Guide to Field Identification of Birds of NorthAmerica. Western Publishing, Racine, Wisconsin. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of NorthCarolina Third Approximation. North Carolina Natural Heritage Program, Raleigh, North Carolina. Sutton, A. and M. Sutton. 1985. Eastern Forests. Alfred Knopf Publishing, New York, New York. 14 9L 'NJoA nnaN 'VOA nnaN '6u!ys!Ignd ldou}j p2iliy slewwelry ueouawy WON of ap!nO piald Ala!ooS uognpny ayl '096 L 'Jr "O'f 'J8? eNM OL6L al6uejpenb egmeleo to dew o!ydei6odol AanmS leol6oloaO salelS pal!un V661 egmeleO 10 deyy tioluanul spuel)QM leuo!leN aowaS aPIPIM pue ys!d salelS Pal!un sa!oadS paJa6uepu3 pue paualeajyl jo Is!-1 '966L '£Z isn6ny 'ao!tiaS aplpl!M pue ys!:i salelS pal!un 'e ftoaO 'ejuelly 'uo!69N walseaylnoS aovuaS aj!lpl!M pue ys!d salelS papl!un '(Moog paN ayl) salelS pal!un ujalseaylnoS ayl to sa!oodS paualeajyl pue paja6uepu3 1966L palepdn) Z66L aoimaS apIPI!M pue ys!d salelS pal!un 'eu!laeo ylJON 'Alunoo egmeleo jo AanjnS IpS '9M6 'aolNaS uo!lenuasuoo IpS 'ain4nou6y jo luaw)jedaa sams Pavun kll 17 E W V r_ Gi t ? r. E Minou LNV3211SNMOG H1bON ONINOOI 1S3M ONIAOOI 1Sd3 ONNOOI 1176Z-8 IV6 'ON 39CINg AiNn00 eemvivo b 3Nnoizi s.ae*ew oooi oos o oOOZI =I 31VOS MZ-9 AUNnoo HBMdldo i I ?I Ark -,. 3?1 t " y FD c` ? d1 North Carolina Department of Cultural Resources James B. Hunt Jr., Govemor Betty Ray McCain, Secretary April 4, 1996 MEMORANDUM TO: H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highways Department o7istoric sport?atiioon FROM: David Brook G?'v Deputy State Preservation Officer SUBJECT: Group IX Bridge Replacement Projects Bridge 94 on SR 1722 over McLin Creek, B-2941, Catawba County, ER 96-8519 Division of Archives and History Jeffrey J. Crow, Director 000 VEp G ., ?' ? ?qqb 1 cc of aoF co ?;? O\J G?va????z Thank you for your letter of March 11, 1996, concerning the above project. We have conducted a search of our maps and files and have located the following structure of historical or architectural importance within the general area of this project: 1930s concrete railroad bridge, adjacent to Bridge 94 We recommend that an architectural historian on your staff identify and evaluate any structures over fifty years of age within the project area, and report the findings to us. 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 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: N. Graf B. Church T. Padgett 109 East Jones Street • Raleigh, North Carolina 27601-2507 g?? Federal Aid # lKlz - 111..2 ? TIP # 6 2841 County 4ATAti b.A CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Brief Project Description l 4f%.-A,E wf-?otr. 4a. '14 o+.! 4f- 1'122 ovgq- Ma. yA 6ft4zc. (M oGE 64+4P 10 On A fFiL. &t 1111fi , representatives of the .? North Carolina Department of Transportation (NCDOT) Federal Highway Administration (FHwA) ? North Carolina State Historic Preservation Office (SHPO) Other reviewed the subject project at A scoping meeting ? Historic architectural resources photograph review session/consultation Other All parties present agreed ? there are no properties over fifty years old within the project's area of potential effects. ? there are no properties less than fifty years old which arc considered to meet Criterion Consideration G within the project's area of potential effects. there arc properties over fif , years old (list attached) within the project's area of potential effects, but based on the historical information available and the photographs of each property, properties identified as are considered not eligible for National Register and no further evaluation of them is necessary. ? there arc no National Register-listed properties within the project's area of potential effects. Signed: 4/n /Ry 0. Uj n FHwA, for the Division Administrator, or other Federal Agency Date 4I1llg4 Representative, S-HPO Date S State istoric Preservation Officer ate If a survey report is prepared, a final copy of this fonn and the aunched list %Nill be included. P 0. Box 000 • Newton, North Corolhna 28658. 704.464-8333 ., c E ?F March 15, 1996 Mr. H. Franklin Vick, P. E., Manager Planning and Environmental Branch Division of Highways Department of Transportation PO Box 25201 Raleigh, NC 27611-5201 hi 4P ?spec Dear Mr. Vick: In reference to Bridges Nos. 82 and 94 on SR 1165 and 1722 for bus travel. We have three buses crossing bridge no. 82 which will cause very little mileage increase by detouring. Bridge no. 94 over Mclin Creek will cause me an increase in mileage. The five buses will add 96 miles per day. The large number of students at Catawba that we transport to Claremont is my problem. Sincerely, 1 i -Tony Eagre Transportation Director (?A 1996HI'v/, OF North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: H. Franklin Vick, P.E., Manager Planning and Environmental Branch, NCDOT FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program s DATE: April 10, 1996 SUBJECT: Comments on Group IX Bridge Replacements, Alleghany, Cleveland, McDowell, Buncombe, and Catawba Counties. This correspondence responds to a request by you for our review and comments regarding eleven proposed bridge replacements in western North Carolina. Biological field staff of the North Carolina Wildlife Resources Commission (WRC) have reviewed the information in your letter dated 11 March 1996 and have examined our records fish sampling data. Our comments on these projects are listed below. All species and common names follow "Common and Scientific Names of Fishes from the United States and Canada" by Robins et al. 1991 (American Fisheries Society Special Publication 20). Species listed in bold print are considered to be intolerant to stream degradation under the North Carolina Index of Biotic Integrity used by the North Carolina Division of Environmental Management to assess the biological integrity of streams. B-2803 - Alleghany County, Bridge No. 52 over Little River, Bridge No. 56 over Pine Swamp Creek Both the Little River and Pine Swamp Creek are designated Hatchery Supported Public Mountain Trout Waters (PMTW) in the project area. We recently provided you with a memorandum dated 12 July 1995 with our scoping comments on this project (see attached). B-2815 - Cleveland County, Bridge No. 35 on SR 1001 over Persimmon Creek No fish data are available for Persimmon Creek, nor have we identified any special concerns associated with this project. B-2816 - Cleveland County, Bridge No. 230 on SR 1908 over Buffalo Creek We have not identified any special concerns associated with this project. According to WRC district files, the following fish species were collected in Buffalo Creek in 1980: Group IX Page 2 April 10, 1996 Common Name rosyside dace bluehead chub greenfin shiner spottail shiner yellowfin shiner swallowtail shiner sandbar shiner Scientific Name Canostomus funduloides Nocomis leptocephalus Cyprinella chlorisdus Notropis hudsonius Notropis lutipinnis Notropis procne Notropis scepticus creek chub Semodlus atromaculatus striped jumprock Moxostoma rupiscartes redbreast sunfish Lepomis auritus bluegill Lepomis macrochirus Other species collected by Messer et al. of the WRC in 1964: gizzard shad Dorosoma cepedianum rainbow trout Oncorhynchus mykiss fieryblack shiner Cyprinella pyrrhomelas highback chub Notropis hypsinotus white sucker Catostomus commersoni redhorse Moxostoma sp. bullhead Ameiurus sp. pumpkinseed Lepomis gibbosus warmouth Lepomis gulosus largemouth bass Micropterus salmoides B-2847 - McDowell County, Bridge No. 65 on SR 1760 over Muddy Creek We have not identified an special concerns associated with this project. No fish sampling data is available for Muddy Creek, but we would expect the species assemblage to be similar to that of South Muddy Creek (see B-3002 below). B-2931 - Buncombe County, Bridge No. 512 on SR 2435 over Swannanoa River The Swannanoa River is designated Hatchery Supported PMTW at the project site. The river also supports some wild trout. We would prefer that the existing bridge be replaced with another spanning structure. B-2940 - Catawba County, Bridge No. 82 on SR 1165 over Clark Creek We have not identified any special concerns associated with this project. Schneider of the North Carolina Division of Environmental Management (DEM) collected the following fish species in Clark Creek in 1993: Common Name Scientific Name bluehead chub Nocomis leptocephalus white sucker Catostomus commersoni flat bullhead Ameiurus platycephalus Group IX redbreast sunfish pumpkinseed bluegill largemouth bass 8-2941 - Catawba Cou Page 3 April 10, 1996 Lepomis auritus Lepomis gibbosus Lepomis macrochirus Micropterus salmoides nty, Bridge No. 94 on SR 1722 over McLin Creek We have not identified any special concerns associated with this project. Menhinick of the University of North Carolina at Charlotte collected the following species in 1991: Common Name Scientific Name common carp Cyprinus carpio rosyside dace Chnostomus funduloides bluehead chub Nocomis leptocephalus greenhead shiner Notropis chlorocephalus creek chub Semotilus atromaculatus white sucker Catostomus commersoni silver (v-lip) redhor se Moxostoma anisurum striped jumprock Moxostoma rupiscartes channel catfish Ictalurus punctatus redbreast sunfish Lepomis auritus bluegill Lepomis macrochirus fantail darter Etheostoma flabellare tessellated darter Etheostoma olmstedi B-2998 - McDowell County, Bridge No. 41 on SR 1147 over Second Broad River We have not identified any special concerns associated with this project. Schneider of the DEM collected the following fish species in the Second Broad River in 1988: Common Name Scientific Name fieryblack shiner Cyprinella pyrrhomelas Santee chub bluehead chub highback chub greenfin shiner yellowfin shiner creek chub white sucker striped jumprock silver (v-lip) redhc flat bullhead margined madtom rock bass redbreast sunfish fantail darter Cyprinella zamema Nocomis leptocephalus Notropis hypsinotus Cyprinella chloristius Notropis lutipinnis Semotilus atromaculatus Catostomus commersoni Moxostoma rupiscartes rse Moxostoma anisurum Ameiurus platycephalus Noturus iw4nis Ambloplites rupestris Lepomis auritus Etheostoma flabellare Group IX Page 4 April 10, 1996 B-2999 - McDowell County, Bridge No. 317 on SR 1267 over Cove Creek We have not identified any special concerns associated with this project. The following fish data were collected by Messer et al. of the WRC in 1964: Common Name thicklip chub fieryblack shiner bluehead chub yellowfin shiner creek chub redhorse margined madtom redbreast sunfish Scientific Name Cyprinella labrosa Cyprinella pyrrhomelas Nocomis leptocephalus Notropis lutipinnis Semotilus atromaculatus Moxostoma sp. Noturus insignis Lepomis auritus bluegill Lepomis macrochirus smallmouth bass Micropterus dolomieu largemouth bass Micropterus salmoides Piedmont darter Percina crassa seagreen darter Etheostoma thalassinum B-3002 - McDowell County, Bridge No. 60 on SR 1764 over South Muddy Creek We have not identified any special concerns associated with this project. Schneider of the DEM collected the following fish species in South Muddy Creek in 1993: mmon Name Scientific Name rosyside dace Chnostomus funduloides bluehead chub Nocomis leptocephalus greenhead shiner Notropis chlorocephalus striped jumprock Moxostoma rupiscartes margined madtom Noturus insignis redbreast sunfish Lepomis auritus bluegill Lepomis macrochirus fantail darter Etheostoma flabellare tessellated darter Etheostoma olmstedi Piedmont darter Percina crassa Other species collected by Louder (1963) include: central stoneroller Campostoma anomalum creek chub Semotilus atromaculatus yellow perch Perca flavescens B-3140 - Cleveland County, Bridge No. 13 on NC 198 over Buffalo Creek We have not identified any special concerns associated with this project. Fish sampling data for Buffalo Creek are listed above under B-2816. Group IX Page 5 April 10, 1996 Although we do not have any special concerns regarding several of these bridge replacements, we recommend that the NCDOT incorporate the following measures into all bridge replacement projects to minimize impacts to aquatic organisms: 1) Erosion controls should be installed where soil is disturbed and maintained until project completion. 2) If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering water chemistry and causing a fish kill. 3) Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. 4) Multi-celled reinforced concrete box culverts should be designed so that all water flows through a single cell (or two if necessary) during low flow conditions. This could be accomplished by constructing a low sill on the upstream end of the other cells that will divert low flows to another cell. This will facilitate fish passage at low flows. 5) Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. 'T'hank you for the opportunity to review and comment during the early stages of these projects. If you have any questions regarding these comments, please contact me at 704/652-4257. cc: Ms. Katie Cirilis, Resource Southeast United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 March 26, 1996 Mr. H. Franklin Vick. P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation P.O. Box 25201 Raleigh. North Carolina 27611-5201 Dear Mr. Vick: MAO 2 9 10,96 T ?4`?IRONtJ?E?? Subject: Proposed replacement of several bridges in Alleghany, Buncombe, Catawba, Cleveland, and McDowell Counties, North Carolina A copy of your letter of March 11. 1996, to the U.S. Fish and Wildlife Service's (Service) Raleigh Field Office was forwarded to our office (we received it on March 18. 1996). Our office handles project reviews and requests of this nature for the western part of the state, including the above-mentioned counties. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information provided in your letter, the following bridges will be replaced: Bridge Numbers 52 and 56 on SR 1172 over the Little River (Alleghany County): Bridge Number 512 on SR 2435 over the Swannanoa River (Buncombe County): Bridge Number 82 on SR 1165 over Clark Creek (Catawba County): Bridge Number 94 on SR 1722 over McLin Creek (Catawba County): Bridge Number 35 on SR 1001 over Persimmon Creek (Cleveland County): Bridge Number 230 on SR 1908 over Buffalo Creek (Cleveland County): Bridge Number 13 on NC 198 over Buffalo Creek (Cleveland County): Bridge Number 65 on SR 1760 over Muddy Creek (McDowell County): Bridge Number 41 on SR 1147 over the Second Broad River (McDowell County): Bridge Number 317 on SR 1267 over Cove Creek; and Bridge Number 60 on SR 1764 over South Muddy Creek. The Service is particularly concerned about: (1) the potential impacts the proposed bridge replacement projects could have on federally listed species and on Federal species of concern and (2) the potential impacts to stream and wetland ecosystems within the project areas. We have reviewed our files and believe the environmental document should evaluate possible impacts to the following federally listed species and/or Federal species of concern (these include aquatic animal species 2 known from a particular stream system for one of the proposed bridge projects and plant species that may occur along the banks of streams/rivers): Alleghanv County Hellbender (Crvptobranchus alleQaniensis) - Federal species of concern. This species generally is found beneath large flat stones or logs in shallow clear-running streams and rivers. It is presently known from at least one location in the Little River, 7 miles east of Sparta. Kanawha minnow (Phenocobius teretulus) - Federal species of concern. This species is endemic to large clear streams within the New River drainage of North Carolina, Virginia, and West Virginia. It is presently known from at least one location in the Little River, 0.5 mile downstream of the NC 18 bridge. Buncombe County Hellbender (Crvptobranchus alleQaniensis) - Federal species of concern. There is a record of this species in the Swannanoa River near Black Mountain. , Spotfin chub (Hvbopsis monacha) - Federally threatened. A species endemic to the Tennessee River drainage. The Little Tennessee River presently supports the only extant population in North Carolina: however, there is a historical record from the Swannanoa River in Asheville. Appalachian elktoe (Alasmidonta raveneliana) - Federally endangered. This species is endemic to the upper Tennessee River. It generally occurs in the riffle areas of large rivers that have cobble and gravel substrates. There are only a few extant populations left in the Little Tennessee River. Toe River, Cane River, and Nolichucky River systems. There is a historical record from the Swannanoa River. French Broad crayfish (Cambarus reburrus) - Federal species of concern. This species is endemic to North Carolina and is known from the headwater portions of the French Broad River and one stream in the Savannah River drainage. It was once found in the Swannanoa River near Black Mountain. French Broad heartleaf (Hexastvlis rhombiformis) - Federal species of concern. This species is generally found in association with other acidophiles, such as ericaceacous shrubs, hemlock, rhododendron, and mountain Laurel. 3 Butternut (Ju lans cinerea) - Federal species of concern. This species is generally found in cove forests and rich woods, including floodplain forests. Sweet pinesap (Monotropsis odorata) - Federal species of concern. This species is generally found in dry forests and on river bluffs. Virginia spiraea (Sipiraea virginiana) - Federally threatened. This species occurs within the scour zone on the banks of high-gradient streams or on braided features such as point bars, natural levees, or meander scrolls of the lower reaches.of streams. It may occur within the floodplain, but it is most often found at the water's edge. There is a historical record of this species along Hominy Creek near Asheville. Catawba County Dwarf-flowered heartleaf (Hexastvlis naniflora) - Federally threatened. This species has been found along several creeks in the county, including Brushy Creek. Sandy Run, and Poundingmill Creek. Cleveland County Dwarf-flowered heartleaf (Hexastvlis naniflora) - Federally threatened. This species has been found along several tributaries to the Henry Fork River. McDowell County Bennett's Mill Cave water slater (Caecidotea carolinensis) - Federal species of concern. This species is presently known from one locality in North Carolina at a cave located on the banks of Muddy Creek east of Marion. Butternut (Juglans cinerea) - Federal species of concern. This species is generally found in cove forests and rich woods, including floodplain forests. Sweet pinesap (Monotroosis odorata) - Federal species of concern. This species is generally found in dry forests and on river bluffs. There is one known population located along the banks of South Muddy Creek in the headwaters area. Northern oconee-bells (Shortia galacifolia var. brevistvla) - Federal species of concern. This species grows in various habitats, from rocks near water falls, in sand at the edge of running water, in shady deep moist loam soils, and on dry hillsides. It favors cool, damp, shady stream banks with fertile, moderately acid, soils. 4 The presence or absence of the above-mentioned species in the project impact areas should be addressed in any environmental document prepared for these projects. Please note that the legal responsibilities of a Federal agency or their designated non-Federal representative with regard to federally listed endangered and threatened species under Section 7 of the Act are on file with the Federal Highway Administration. Also, please note that Federal species of concern are not legally protected under the Act and are not subject to any of its provisions, including Section 7, unless they are formally proposed or listed as endangered or threatened. We are including these species in our response in order to give you advance notification and to request your assistance in protecting them. Additionally, the Service believes the environmental document(s) for the proposed projects should address the following issues: (1) an evaluation of the various bridge replacement alternatives and structures (e.g., replacement at the existing location versus upstream or downstream of the existing structure), (2) any special measures proposed to minimize sedimentation during construction; and (3) any measures that will be implemented to minimize impacts to fish and wildlife habitat (e.g.. protecting riparian vegetation whenever possible). We appreciate the opportunity to provide these scoping comments and request that you keep us informed of the progress of these projects. In any future correspondence concerning this project, please reference our Log Number 4-2-96-057. Vely, Brian P. Cole Field Supervisor State of North Carolina Department of Environment, Health and Natural Resources 10 0 Division of Environmental Management '?/ James B, Hunt, Jr., Governor p E H N FR Jonathan B. Howes, , Secretary A, Preston Howard, Jr., P.E., Director April 19, 1996 MEMORANDUM To: Jim Buck From: Eric Galamb4 Subject: Water Quality Checklist for Group IX Bridge Replacement Projects The Water Quality Section of the Division of Environmental Management requests that DOT consider the following generic environmental commitments for bridge replacements: A. DEM requests that DOT strictly adhere to North Carolina regulations entitled, "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction for this project in the area that drains to streams having WS (water supply), ORW (outstanding resource water), HQW (high quality water), B (body contact), SA (shellfish water) or Tr (trout water) classifications to protect existing uses. B. DEM requests that bridges be replaced in existing location with road closure. If an on-site detour or road realignment is necessary, the approach fills should be removed to pre-construction contour and revegetated with native tree species at 320 stems per acre. C. DEM requests that weep holes not be installed in the replacement bridges in order to prevent sediment and other pollutants from entering the body of water. If this is not completely possible, weep holes should not be installed directly over water. D. Wetland impacts should be avoided (including sediment and erosion control structures/measures). If this is not possible, alternatives that minimize wetland impacts should be chosen. Mitigation for unavoidable impacts may be required. E. Borrow/waste areas should avoid wetlands. It is likely that compensatory mitigation will be required if wetlands are impacted by waste or borrow. Please be aware that 401 Certification may be denied if wetland or water impacts have not been avoided and minimized to the maximum extent practicable. cc: Monica Swihart Melba McGee bridges.sco 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-conaimer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF May 14, 1996 Special Studies and Flood Plain Services Section Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch North Carolina Division of Highways Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: FO MA Y 1 7 1995 DrvrSiC, , ?`. ¢?I„I GH?'AYS Rt'1r, ?. ,?crt? P? 50° 1 .win u o This is in response to your letter of March 11, 1996 subject: "Request for Comments for Group IX Bridge Replace Projects." The bridge replacement projects are located in various Western North Carolina counties. Our comments are enclosed. We appreciate the opportunity to comment on these projects. If we can be of further assistance, please contact us. Sincerely, E. Shuford, Jr., P.E. Acting Chief, Engineering and Planning Division Enclosure Copies Furnished (with enclosure and incoming correspondence): Mr. Nicholas L. Graf Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, North Carolina 27601-1442 Mr. David Cox North Carolina Wildlife Resources Commission Post Office Box 118 Northside, North Carolina 27564-0118 -2- Copies Furnished (with enclosure and incoming correspondence): continued Ms. Barbara Miller Chief, Flood Risk Reduction Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, Tennessee 37902-1499 Mr. Jamie James (CEORN-EP-H-M) U.S. Army Engineer District, Nashville Post Office Box 1070 Nashville, Tennessee 37202-1070 Mr. Larry Workman (CEORH-PD-S) U.S. Army Engineer District, Huntington 502 Eighth Street Hu,ntington, West Virginia 25701-2070 May 13, 1996 Page 1 of 4 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Request for Comments for Group IX Bridge Replace Projects" in various Western North Carolina counties 1. FLOOD PLAINS: POC - Bobby L. Willis, Special Studies and Flood Plain Services Section, at (910) 251-4728 All of the bridges, except for Alleghany and Buncombe Counties, are within the planning jurisdiction of the U.S. Army Corps of Engineers (USAGE), Wilmington District. With the exception of Alleghany and Cleveland Counties, these bridges are located within counties which participate in the National Flood Insurance Program (NFIP). Alleghany County has flood hazard areas identified on Flood Hazard Boundary Maps, but has not had detailed mapping done and does not participate in the program. Cleveland County has mapping done on Flood Insurance Rate Maps (FIRMs) in anticipation of future participation in the NFIP, but does not currently participate in the program. From the various FIRMs, it appears that both approximate study and detail study streams are involved. (Detail study streams are those with 100-year flood elevations determined and a floodway defined.) A summary of flood plain information pertaining to these bridges is contained in the following table. The FIRMs are from the county flood insurance study unless otherwise noted. Bridge Route Study Date Of No. No. County Stream Type Firm 52/56 SR 1172 Alleghany Little River Approx 7/77 35 SR 1001 Cleveland Persimmon Ck.** Detail 7/91 230 SR 1908 Cleveland Buffalo Ck. Approx 7/91 65 SR 1760 McDowell N. Muddy Ck. Approx 7/88 512 SR 2435 Buncombe Swannanoa R. Detail 8/80 82 SR 1165 Catawba Clarks Ck. Detail 8/94 94 SR 1722 Catawba McLin Ck. Detail 9/80 41 SR 1147 McDowell Second Broad R. Approx 7/88 317 SR 1267 McDowell Cove Ck. Approx 7/88 60 SR 1764 McDowell S. Muddy Ck. Approx 7/88 13 NC 198 Cleveland Buffalo Ck. Detail 7/91 *** County is not a participant in NFIP. Map is a Flood Hazard Boundary Map. ** Stream is shown as Muddy Fork on the FIRM. ""' County is not a participant in NFIP. May 13, 1996 Page 2 of 4 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Request for Comments for Group X Bridge Replace Projects" in various Western North Carolina counties 1. FLOOD PLAINS: (Continued) Enclosed, for your information on the detail study streams, is a copy of the Federal Emergency Management Agency's "Procedures for 'No Rise' Certification for Proposed Developments in Regulatory Floodways°. In addition, we suggest coordination with the respective counties or communities for compliance with their flood plain ordinances and any changes, if required, to their flood insurance maps and reports. Buncombe County is within the planning jurisdiction of the USACE, Nashville District, and the Tennessee Valley Authority (TVA) with respect to any construction or development involving the flood plains. The Nashville District does not currently have projects that would be affected by this proposed project. Mr. Jamie James may be contacted at (615) 736-5948 for further information and comments from the Nashville District. Flood plain concerns are normally addressed within the TVA Section 26a permitting process. A 26a permit is required for all construction or development involving streams or flood plains in the Tennessee River drainage basin. Mr. Roger Milstead at (615) 632-6115 should be contacted for information on the TVA 26a permitting process. The project should be designed to meet the requirements of the National Flood Insurance Program (NFIP), administered by the Federal Emergency Management Agency (FEMA), and be in compliance with all local ordinances. The engineering point of contact for the NFIP in this FEMA region is Ms. Bel Marquez, who may be reached at (404) 853-4436. Specific questions pertaining to community flood plain regulations or developments should be referred to the local building official. Alleghany County is within the planning jurisdiction of the USACE, Huntington District. The Huntington District does not currently have projects that would be affected by the proposed project. Mr. Larry Workman may be contacted at (304) 529-5644 for further information and comments from the Huntington District. 2. WATERS AND WETLANDS: POC - Raleigh and Asheville Field Offices, Regulatory Branch (Individual POC's are listed following the comments.) All work restricted to existing high ground will not require prior Federal permit authorization. However, Department of the Army permit authorization pursuant to Section 404 of the Clean Water Act of 1977, as amended, will be required for the discharge of excavated or fill material in waters of the United States or any adjacent and/or isolated wetlands in conjunction with your proposed bridge replacements, including disposal of construction debris. May 13, 1996 Page 3 of 4 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Request for Comments for Group IX Bridge Replace Projects" in various Western North Carolina counties 2. WATERS AND WETLANDS: (Continued) The replacement of these bridges may be eligible for nationwide permit authorization [33 CFR 330.5(a)(23)J as a Categorical Exclusion, depending upon the amount of jurisdictional wetlands to be impacted by a project and the construction techniques utilized. Please be reminded that prior to utilization of nationwide permits within any of the 25 designated mountain trout counties, you must obtain a letter with recommendation(s) from the North Carolina Wildlife Resources Commission and a letter of concurrence from the U.S. Army Corps of Engineers, Wilmington District Engineer. The mountain trout designation carries discretionary authority for the utilization of nationwide permits. In addition, any jurisdictional impacts associated with temporary access roads or detours, cofferdams, or other dewatering structures should be addressed in the Categorical Exclusion documentation in order to be authorized by Nationwide Permit No. 23 (NWP 23). If such information is not contained within the Categorical Exclusion documentation, then other DA permits may be required prior to construction activities. Although these projects may qualify for NWP 23 as a categorical exclusion, the project planning report should contain sufficient information to document that the proposed activity does not have more than a minimal individual or cumulative impact on the aquatic environment. Accordingly, we offer the following comments and recommendations to be addressed in the planning report: a. The report should contain the amount of permanent and temporary impacts to waters and wetlands as well as a description of the type of habitat that will be affected. b. Off-site detours are always preferable to on-site (temporary) detours in wetlands. If an on-site detour is the recommended action, justification should be provided. c. Project commitments should include the removal of all temporary fills from waters and wetlands. In addition, if undercutting is necessary for temporary detours, the undercut material should be stockpiled to be used to restore the site. d. The report should address impacts to recreational navigation (if any) if a bridge span will be replaced with a box culvert. e. The report should address potential impacts to anadromous fish passage if a bridge span will be replaced with culverts. May 13, 1996 Page 4 of 4 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Request for Comments for Group IX Bridge Replace Projects" in various Western North Carolina counties 2. WATERS AND WETLANDS: (Continued) At this point in time, construction plans were not available for review. When final plans are complete, including the extent and location of any work within waters of the United States and wetlands, our Regulatory Branch would appreciate the opportunity to review those plans for a project-specific determination of DA permit requirements. For additional information, please contact the following individuals: Raleigh Field Office - John Thomas at (919) 876-8441, Extension 25, for Alleghany County Asheville Field Office - Steve Lund at (704) 271-4857 for Buncombe County Steve Chapin at (704) 271-4014 for Cleveland, McDowell, and Catawba Counties z Federal Emergency Management Agency Region IV 1371 Peachtree Street, NE, Suite 700 Atlanta, GA 30309 R-4 1192 PROCEDURES FOR "NO-RISE" CERTIFICATION PROPOSED DEVELOPMENTS IN REGULATORY FLOC Section 60.3 (d) (3) of the National Flood Insurance Program (NFIP) regulations states that a community shall "prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base (100- year) flood discharge." Prior to issuing any building grading or development permits involving activities in a regulatory floodway, the community must obtain a certification stating the proposed development will not impact the pre-project base flood elevations, floodway elevations, or floodway data widths. The certification should be obtained from the permittee and be signed and sealed by a professional engineer. The engineering or "no-rise" certification must be supported by technical data. The supporting technical data should be based upon the standard step-backwater computer model utilized to develop the 100-year floodway shown on. the community's effective Flood Insurance Rate Map or Flood Boundary and Floodway Map (FBFM) and the results tabulated in the community's Flood Insurance Study (FIS). Although communities are required to review and approve the "no- rise" submittals, they may request technical assistance and review from the FEMA regional office. However, if this alternative is chosen, the community must review the technical submittal package and verify that all supporting data, listed in the following paragraphs, are included in the package before forwarding to FEMA. -2- To support a "no-rise" certification for proposed developments encroaching into the regulatory floodway, a community will require that the following procedures be followed: Currently Effective Model 1. Furnish a written request for the step- backwater computer model for the specified stream and community, identifying the limits of the requested data. A fee will be assessed for providing the data. Send data requests to: Federal Emergency Management Agency 1371 Peachtree Street N.E., Suite 735 Atlanta, Georgia 30309 or to: FIS Information Specialist Dewberry & Davis 8401 Arlington Boulevard Fairfax, Virginia 22031-4666 Duplicate Effective Model 2. Upon receipt of the.step-backwater computer model, the engineer should run the original step-backwater model-to duplicate the data in the effective FIS. Existing Conditions Model 3. Revise the original step-backwater model to reflect site specific existing conditions by adding new cross-sections (two or more), in the vicinity of the proposed development, without the proposed development in place. Floodway limits should be manually. set at the new cross-section locations by measuring from the effective FIRM or FBFM. The cumulative reach lengths of the stream should also .remain unchanged. The results of these analyses will indicate the 100-year floodway elevations for revised existing conditions at the proposed project site. -3- Proposed Conditions Model 4. Modify the revised existing conditions model to reflect the proposed development at the new cross-sections, while retaining the currently adopted floodway widths. The overbank roughness coefficients should remain the same unless a reasonable explanation of how the proposed development will impact Manning's "n" values should be included with the supporting data. The results of this floodway run will indicate the 100-year floodway elevations for proposed conditions at the project site. These results must indicate NO impact on the 100-year flood elevations, floodway elevations, or floodway widths shown in the Duplicate `Effective Model or in the Existing Conditions Model. The original FIS model, the duplicate effective FIS model, the revised existing conditions model, and the proposed conditions model should all produce the same exact results. The "no-rise" supporting data and -a copy of the engineering certification must be submitted to and reviewed by the appropriate community official prior to issuing a permit: The "no-rise" supporting data should include, but may not be limited to: a. Duplicate of the original FIS step-backwater model printout or floppy disk. b. -Revised existing conditions.step-backwater model. C. Proposed conditions step-backwater model. d. FIRM and topographic map, showing floodplain and floodway, the additional cross-sections, the site location with the proposed topographic modification superimposed onto the maps, and a photocopy of the effective FIRM or FBFM showing the current regulatory floodway. e. Documentation clearly stating analysis procedures. 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