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HomeMy WebLinkAbout19970574 Ver 1_Complete File_19970626State 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: Ag4:j 4111 E:) EHNF? August 1, 1997 Cleveland County WQC 401 Project #970574 TIP# B-2815 You have our approval, in accordance with the attached conditions, to fill in 0.07 acres of waters for the purpose of bridge replacement at Muddy Creek, as you described in your application dated 25 June 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. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. 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. 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). For this approval to be valid, you must follow the conditions listed in the attached 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. 27611- 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 Dorsey at 919-733-1786. Sincerely, stop 4wd,J r.P Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office Mr. John Dorsey Central Files 970574.1tr 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 Affirmadve Action Employer - 50% recycled/100% post consumer paper n M SUlf ww vov 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 June 25, 1997 U. S. Army Corps of Engineers Regulatory Field Office P. o. Box 1890 970574 ??tiT 6?sy? Wilmington, North Carolina 28402-1890 ••??,r Ilk" s ATTN.: Mr. Cliff Winefordner Chief, South Section Dear Sir: Subject: Cleveland County, Replacement of Bridge No. 35 over Muddy Creek on SR 1001, Federal Project No. BR7--1001(12), State Project No. 8.2801201, T.I.P. No. B-2815. Please find enclosed three copies of the project planning report for the above referenced project. Bridge No 35 will be replaced at the existing alignment with a new bridge 36 meters (118 feet) long and 9.2 meters (30 feet) wide. During construction, traffic will be detoured off-site on existing roads. No jurisdictional wetland communities will be affected. Up to 0.3 hectares (0.07 acres) of jurisdictional surface waters may be impacted. On March 21, 1997 a survey was made for the dwarf-flowered heartleaf (Hexastvlis naniflora). No individuals were found, resulting in a biological conclusion of No Effect. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" 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 in accordance with 33 CFR Appendix A (B-23). The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. We anticipate a 401 General Certification 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 Water Quality, for their review.g 1) If you have any questions or need additional information please call Ms. Alice N. Gordon at 733-7844 Ext. 307. Sincerely H. Franklin Vick, P.E., Manager Planning and Environmental Branch HFV/plr cc: w/attachment Mr. Steve Lund, Corps of Engineers, Asheville Field Office Mr. John Dorney, NCDEHNR, Division of Water Quality Mr. Kelly Barger, P.E. Program Development Branch Mr. Don Morton, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. William J. Rogers, P.E., Structure Design Unit Mr. Tom Shearin, P.E., Roadway Design Unit Mr. R. W. Spangler, P.E., Division 12 Engineer Mr. James A. Buck, P.E., P & E Project Planning Engineer .,' r ?lJ ; STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION 1A.MES B. HUNT R. v?wER;?ur, DIVISION OF HIGHWAYS P.O. BOX 25201. RALEIGH. N.L. 27611-5201 March 25, 1997 MEMORANDUM TO ATTENTION: FROtiL• SUBJECT: Gail Grimes. P.E.. Unit Head Consultant Unit GARLAND B. GARRETT )R. SECRETARY Jim Buck, P.E.. Project Planning Manager Tim Savidge. Protected Species Coordinator Environmental Unit Protected Species Survey Results Pertaining to TIP No. B-1'81 5, State Project No. 3.28012-01. The subject project was visited by NCDOT biologists Tim Savidge and Matt Smith on March 21. 1997 to investigate the presence-of the Federally Threatened dwarf-flowered heartleaf (Hexastylis naniflor-a). The potential impact zones were visually examined for the presence of Hexastylis species. If any plants were found, representative population samples were collected and identified to species level. using keys by Gaddy (1987) and Blomquist (1957). The little heartleaf (Hexastylis ininoi•) was found in the southeast quadrant of the project area. No dwarf-flowered heartleaf was found. Biological Conclusion: No Effect Given the survey results it is apparent that the dwarf-flowered heartleaf is not present in the project area. It can be concluded that project construction will not impact this species. cc: V. Charles Bruton, Ph.D., Unit Head, Environmental Unit File: Section 7 Issues File: B-?815 D Cleveland County SR 1001 Bridge No. 35 Over Muddy Creek Federal-Aid Project No. BRZ-1001(12) State Project No. 8.2801201 T.I.P. No. B-2815 CATEGORICAL EXCLUSION U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED. DA E H. ranklin Vick, P.E., Manager Planning and Environmental Branch, NCDOT za _ T DATE Nicholas L. Graf, P.E. Division Administrator, FHWA Cleveland County SR 1001 Bridge No. 35 Over Muddy Creek Federal-Aid Project No. BRZ-1001(12) State Project No. 8.2801201 T.I.P. No. B-2815 CATEGORICAL EXCLUSION NOVEMBER 1996 Document Prepared by Wang Engineering Company, Inc. ,? Jcx?ac_ L Pamela R. Williams Project Engineer James ang, Ph.D., P.E. Presi? nt For North Carolina Department of Transportation G L. ail ri es, P. E., U it Head Consults Engineeri Unit 001, /Y mes A. Buck, P. E. Project Planning Engineer SEAL r 7521 :,NGINE??:•'?a, s S. J. `NP?,• Cleveland County SR 1001 Bridge No. 35 Over Muddy Fork Creek Federal-Aid Project No. BRZ-1001(12) State Project No. 8.2801201 T.I.P. No. B-2815 Bridge No. 35 is included in the North Carolina Department of Transportation (NCDOT) 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 classified 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. Construction will be scheduled to include the summer months to minimize impacts on school bus traffic. 3. A survey for the presence of the dwarf-flowered heartleaf will be conducted during the next flowering season (March-June 1997), prior to right-of-way acquisition. 4. Location and installation of any required deck drains will be determined during final design phase. II. SUMMARY OF RECOMMENDATIONS Bridge No. 35 will be replaced on the existing alignment as shown in Figure 2. It will be replaced with a new bridge having a clear roadway width of 9.2 m (30 ft.) and a length of 36 m (118 ft.). The grade of the new structure will be approximately the same as the existing bridge grade. The proposed approach roadway will have a 7.2 m (24 ft.) travelway with 2.4 m (8 ft.) shoulders, including 0.6 m (2 ft.) paved shoulders, for approximately 152 m (500 ft.) west of the bridge and 152 m (500 ft.) east of the bridge. During construction, traffic will be detoured off-site on existing roads as shown in Figure 1. The estimated cost, based on current prices, is $772,700 including $47,700 for right-of-way and $725,000 for construction. The estimated cost of the project, as shown in the NCDOT 1997- 2003 Transportation Improvement Program, is $353,000 including $23,000 for right-of-way and $330,000 for construction. III. EXISTING CONDITIONS SR 1001 is classified as a rural minor collector route in the Statewide Functional Classification System. Land use is primarily forest land and agricultural in the immediate vicinity of the bridge. Bridge No. 35 is located approximately 3.4 km (2.1 mi.) upstream from the confluence of Muddy Fork and Buffalo Creek which is 1.8 km (1.1 mi.) downstream from the dam of Kings Mountain Reservoir. The existing bridge is located on a tangent alignment. The west approach of the bridge is tangent. East of the bridge, there is a 195 m (9 degree) horizontal curve with a design speed of approximately 70 kilometers per hour (km/h) (45 mph). The vertical alignment is moderately rolling. Near the bridge, SR 1001 has a 5.5 m (18 ft.) pavement width with 1.2 m (4 ft.) grass shoulders. The roadway is approximately 5.8 m (19 ft.) above the creek bed. The projected traffic volume is 2200 vehicles per day (vpd) for 1997 and 5900 vpd for the design year 2017. The volumes include one percent truck-tractor semi-trailer (TTST) and three percent dual-tired vehicles (DT) . The speed limit is not posted and assumed to be 90 km/h (55 mph) at the project site. The existing bridge was built in 1951 (Figure 3). The superstructure consists of a reinforced concrete deck with asphalt wearing surface on steel 1-beams. The substructure consists of timber caps and piles with cross bracing at interior bents and timber bulkheads. Additional timber bent piles have been placed adjacent to the existing interior piles for reinforcement. The overall length of the bridge is 32.2 m (105.6 ft.). The clear roadway width is 6.7 m (22.1 ft.). The posted weight limit is 13,620 kilograms (15 tons). Bridge No. 35 has a sufficiency rating of 17, compared to a rating of 100 for a new structure. Three accidents were reported near the bridge during the period from April 1, 1992 to March 31, 1995. All three accidents were single vehicle, traveling at approximately 90 km/h (55 mph). All accidents involved loss control of the vehicle Utility impacts are anticipated to be low. According to Cleveland County Planning Department, there are no sewer lines in the project area. A 6-inch water line and a 4-inch blow out valve exist within the project area. An overhead powertine parallels the south side of the existing bridge. Cleveland County school buses cross the bridge six times daily 2 IV. ALTERNATIVES No relocation alignments were considered for replacement of the existing bridge. Utilizing the existing roadway provides the best alignment, the lowest cost and the least impacts to the environment. The two alternatives studied for replacing Bridge No. 35 include a new bridge on the existing alignment that will accommodate a 7.2 m (24 ft.) travelway with 1.0 m (3 ft.) shoulders on each side. The approach roadway will consist of a 7.2 m (24 ft.) travelway with 2.4 m (8 ft.) shoulders, including 0.6 m (2 ft.) paved shoulders. The alternates studied are shown in Figure 2 and are as follows: Alternate A: involves replacing Bridge No. 35 on the existing alignment. Traffic will be maintained with a temporary on-site detour on the northeast side of the existing structure during construction. A design exception will be required due to the existing vertical sag curve. The approach work will extend approximately 152 m (500 ft.) east and west of the bridge. Alternate B (Recommended): involves replacing Bridge No. 35 on the existing alignment. Traffic will be maintained by an off-site detour along existing roads during construction. A design exception will be required due to the existing vertical sag curve. The approach work will extend approximately 152 m (500 ft.) east and west of the bridge. The "do-nothing" alternative would eventually necessitate closure of the bridge. This is not desirable due to the traffic service provided by SR 1001. 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 of the alternates studied, based on current prices, are as follow: Structure Removal (existing) Structure (proposed) Temp. Detour Structure and Approaches Roadway Approaches Miscellaneous and Mobilization Engineering and Contingencies ROW/Const. Easements/Utilities TOTAL Alternate A Alternate B (Recommended) $ 15,993 $ 15,993 253,920 253,920 158,470 ----- 210,018 210,018 186,599 150,069 125,000 95,000 54,100 47,700 $1,004,100 $ 772,700 VI. TRAFFIC DETOUR An eight month road closure period is anticipated. Traffic will be detoured on SR 2033 and SR 2044, an approximate distance of 4.8 kilometers (3 miles). The detour roadway and bridges are adequate to accommodate detoured traffic during the construction period. Construction will be scheduled to include the summer months to minimize impacts on school bus traffic. VII. RECOMMENDED IMPROVEMENTS Bridge No. 35 will be replaced on the existing alignment. A design exception will be required due to the existing vertical alignment. A 9.2 m (30 ft.) clear roadway width is recommended on the replacement structure in accordance with the current NCDOT Bridge Policy. This will provide a 7.2 m (24 ft.) travelway with 1 m (3 ft.) shoulders across the structure. A 7.2 m (24 ft.) travelway with 2.4 m (8 ft.) shoulders including 0.6 m (2 ft.) paved shoulders will be provided on the proposed approaches. The Division Engineer concurs in the recommendation of Alternate B. Based on a preliminary hydraulic analysis utilizing the 25 year design storm, the new structure is recommended to have a length of approximately 36 m (118 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. VIII. ANTICIPATED DESIGN EXCEPTION A vertical design exception for the design speed will be required due to the existing vertical alignment. The vertical design speed is approximately 70 km/h (45 mph), which is within the character of SR 1001. The speed limit is not posted but is assumed to be 90 km/h (55 mph) at the project site. An alternative to improve the design speed to 100 km/h (60 mph) was considered but would require raising the grade approximately 2.4m (8 ft.). This alternative was determined not justifiable due to the additional environmental impacts, right-of-way and construction costs. 4 IX. NATURAL RESOURCES The proposed project lies within the southwest portion of the Piedmont Physiographic Province in rural Cleveland County north of Oak Grove, North Carolina (Figure 1). Cleveland County is primarily agricultural but is rapidly becoming an industrial and urban county with close ties to the Charlotte metropolitan area. Methodology Informational sources used to prepare this report include: United States Geological Survey (USGS) quadrangle map (Waco, 1973); NCDOT aerial photographs of project area (1:1200); Soil Conservation Service (SCS) soil maps (1973); U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory Map (Waco, 1994); USFWS list of protected species and federal species of concern (1996); and North Carolina Natural Heritage Program (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 22, 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, scat, 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 and the width of the replacement structure, 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 (pile and/or 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 vicinity is characterized as rolling hills with steeper slopes along the major streams. Project area elevation is approximately 213.4 m (700.0 ft.). This portion of Cleveland County contains soils from the Grover-Madison-Wedowee association, which are characterized as being well drained mostly micaceous soils with sandy loam surfaces and moderately permeable subsoil on smooth ridge tops with strongly sloping and moderately steep sides. The field investigation confirms the soils as they are mapped. WATER RESOURCES This section describes each water resource and its relationship to major water systems. The proposed project lies within the Broad River drainage basin. Water Resource Characteristics Muddy Fork (stream index no. 9-53-6) is a perennial tributary within the Broad River basin. The stream banks are well defined, approximately 4.5 m (15.0 ft.) high, and vegetated with river birch, Japanese honeysuckle, and blackberry. The stream flows northeast to southwest through the project area with a width of 15.5 m (51.0 ft.). The depth of the stream was not determined due to the turbidity and the swift flow. Muddy Fork has a Class C rating from the North Carolina Department of Environmental Management (NCDEM), indicating the creek's suitability for aquatic life propagation and survival, fishing, wildlife, secondary recreation, agriculture, or other uses. The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map for Cleveland County (1991) indicates the project area lies in Zone AE, where base flood elevations have been determined. The base flood elevation at Bridge No. 35 is 214.3 m (703.0 ft,). The NCDEM maintains a benthic macroinvertebrate sampling station on Muddy Fork upstream from the project area. Benthic macroinvertebrates, 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 (EPT). Different criteria have been developed for different ecoregions (mountains, Piedmont, coastal) within North Carolina. Data from Muddy Fork at SR 2012 in July 1995 indicated an EPT taxa richness value of 23, which has 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. There is no NCIBI data for Muddy Fork. According to the North Carolina Wildlife Resources Commission, no current fish sampling data are available for Muddy Fork. Data collected in 1964 and reported by the Division of Inland Fisheries (Fish, 1968) indicate that, at the time, Muddy Fork's ecological classification was "E/C dace trickle", indicating the presence of dace and skiners. The Cleveland County Watershed Ordinance (1994) provides regulations to limit the exposure of watersheds in Cleveland County to pollution. The Critical Area is the area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The Balance of Watershed is the rest of the watershed where the regulations apply. The Watershed Protection Map indicates that the project area is not within a Critical Area. No waters classified by the NCDEM as High Quality Waters (HQW), Outstanding Resource Waters (ORW), or waters designated as WS-1 or WS-II 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. 6 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 the NCDOT 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 low mountain alluvial forest. Dominant faunal components associated with these terrestrial areas are 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, the field to the northeast of the bridge, and the field to the southeast of the bridge (Figure 2). Many plant species are adapted to these disturbed and regularly maintained areas. The road shoulders and the powerline easement are dominated by fescue (Festuca sp.), ryegrass (Lolium sp.), white clover (Trifolium repens), plantain (Plantago rugelii), wild onion (Allium canadense), Japanese honeysuckle (Lonicera japonica), blackberry (Rubus sp.), and dandelion (Taraxacum officinale). The field located southeast of the bridge is an agricultural field previously planted in soybeans (Glycine max). The field located northeast of the bridge contains ryegrass, fescue, broomsedge (Andropogen virginicus), dog fennel (Eupatorium capillifolium), and dandelion. The animal species present in these disturbed habitats are opportunistic and capable of surviving on a variety of resources, including vegetation (flowers, leaves, fruits, and seeds) and living and dead faunal components. Although only an American robin (Turdus migratodus) and gray squirrel (Sciurus carolinensis) were observed during the site visit, the Virginia opossum (Didelphis virginiana), deer mouse (Peromyscus maniculatus), Northern cardinal (Cardinalis cardinalis), and American crow (Corvus brachyrhynchos) are often attracted to these roadside habitats. Low Mountain Alluvial Community This forested community occurs on the moderate to steep slopes along Muddy Fork. The dominant canopy trees in this area include American sycamore (Platanus occidentalis), river birch (Betula nigra), tulip poplar (Liriodendron tulipifera), red maple (Acer rubrum), loblolly pine (Pinus taeda), southern red oak (Quercus falcata), post oak (Quercus stellata), white oak (Quercus albs), Eastern red cedar (Juniperus virginiana), and sweetgum (Liquidambar styraciflua). An understory of Eastern red cedar, ironwood (Carpinus caroliniana), red maple, and dogwood (Comus florida) are also found in this community. The shrub layer is dominated by mountain laurel (Kalmia latifolia), and the herbaceous layer consists mainly of Japanese honeysuckle, common greenbrier (Smilax rotundifolia), giant cane (Arundinaria gigantea), Christmas fern (Polystichum acrostichoides), and blackberry. Although not observed during the site visit, the animals previously listed may be found in this community along with the whitetail deer (Odocoileus virginianus), the raccoon (Procyon lotor), downy woodpecker (Picoides pubescens), and Eastern box turtle (Terrapene carolina carolina). Aquatic Communities The aquatic community in the project area exists within Muddy Fork. Within the project area Muddy Fork is approximately 15.5 m (51.0 ft.) wide. On the day of investigation the stream was turbid and flowing swiftly from rainfall (0.67 inch in Charlotte) during the week. The stream bottom was not visible. Animals such as the belted kingfisher (Megaceryle alcyon), the Northern water snake (Nerodia sipedon sipedon), and the Southern leopard frog (Rana utricularia) may reside along the waters edge. Fishes such as the bluegill (Lepomis macrochirus), creek chubs (Semotilus atromaculatus), and darters (Etheostoma sp.) likely inhabit the stream. Due to the large size and depth of Muddy Fork, macroi n vertebrates 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 are dominated by chironimid (midges) larvae and oligochaetes (segmented worms). No macroinvertebrates were observed during the site visit. 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. The NCDOT Best Management Practices for Protection of Surface Waters will be implemented, as applicable. 8 TABLE 1 ANTICIPATED IMPACTS TO TERRESTRIAL and AQUATIC COMMUNITIES HECTARE (ACRE) Bridge No. 35 Man- Low Mountain Aquatic Combined Total Replacement Dominated Alluvial Forest Community Impacts Community Community Alternate A 0.06 (0.14) 0.18 (0.44) 0.03 (0.07) 0.27 (0.65) Temporary 0.59(l.45) 0.04 (0.09) 0.04 (0.09) 0.67(l.63) Detour Alternative B 0.06 (0.14) 0.18 (0.44) 0.03 (0.07) 0.27 (0.65) Recommended Impacts to Terrestrial Communities Of the two terrestrial communities in the project area, the Low Mountain Alluvial Forest community will receive the greatest impact from construction, resulting in the loss of existing habitats and displacement and mortality of faunal species in residence. Impacts to Aquatic Communities The aquatic community in the study area exists within Muddy Fork. The proposed bridge replacement will result in the disturbance of up to 0.03 hectare (0.07 acre) of stream bottom. This is the "worst case" condition; actual disturbance should be considerably less. Construction of the bridge and approaches will likely increase sediment loads in the stream in the short term. Impacts to the stream community will not be confined to the 0.04 hectare (0.09 acre) impact zone. 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 the NCDOT Best Management Practices for Protection of Surface Waters, as applicable, and the use of erosion and sediment control measures as specified in the 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 9 Act (33 U.S.C. 1344) and are regulated by the United States Army Corps of Engineers (USACOE). Impacts to Wetlands and Surface Waters No wetlands will be impacted by the subject project as Muddy Fork 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 0.03 hectare (0.07 acre) of jurisdictional surface water impacts may occur due to the proposed replacement of Bridge No. 35. 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 (Appendix). These recommendations, as applicable, will be implemented in accordance with the NCDOT Best Management Practices for Protection of Surface Waters. A Section 401 General Water Quality Certification (WQC #2745) is required for any activity which may result in a discharge and for which a federal permit is required. Mitigation Since this project will not impact jurisdictional wetlands, compensatory mitigation will not be required. However, mitigation requirements on projects covered by Nationwide permits are left up to the discretion of the USACOE. 10 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 Cleveland County, and any likely impacts to these species as a result of the proposed project construction, are discussed in the following sections. 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 FWS lists one federally protected species for Cleveland County as of August 23, 1996, (see Table 2). TABLE 2 FEDERALLY-PROTECTED SPECIES FOR CLEVELAND 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 (1.6-2.4 in) 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. Habitat is present in the project area for the dwarf-flowered heartleaf. A survey for the presence of the dwarf-flowered heartleaf will be conducted during the next flowering season. Impacts will be ascertained once a survey for the dwarf flowered heartleaf is done during the flowering season (March-June 1997). BIOLOGICAL CONCLUSION: UNRESOLVED 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 or 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 11 listing. NCNHP database showed no recorded occurrences of any FSC within the project vicinity. Table 3 includes two FSC species listed for Cleveland County and their state classifications. TABLE 3 FEDERAL SPECIES OF CONCERN CLEVELAND COUNTY Scientific Name North Carolina Habitat Present (Common Name) Status Monotropsis odorata C Yes (Sweet pinesap) Saxifraga caroliniana C Yes (Carolina saxifrage) NOTE. C Denotes Candidate (species are considered by the State as being rare and needing population monitoring.) State Protected Species Plant and animal species which are listed by the NCNHP as Endangered (E), Threatened (T), or Special Concern (SC) are afforded limited state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. NCNHP database was reviewed and one state protected species, loggerhead shrike (Lanius ludovicianus ludovicianus), not list on the USFWS rare and protected species list for Cleveland County, is included. Habitat is present in the project area, but no individuals were observed during the investigation. A search of the NCNHP database showed no recorded occurrences of any state protected species within the project vicinity. X. 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, codified 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. 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 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. The SHPO, in a memorandum dated April 4, 1996, stated that there were no known archaeological sites within the proposed project area. Therefore, it was recommended that no archaeological investigation be conducted in connection with the project. A copy of the SHPO memorandum is included in the Appendix. 12 XI. 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 relocates 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. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impacts to prime and important farmland soils by all land acquisition and construction projects. Prime and important farmland soils are defined by the U.S. Soil Conservation Service (SCS). 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 in the regional emission analysis (if applicable) and a project level CO analysis is not required. The project is located in Cleveland 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 projects 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 air quality in compliance with 15 NAACO 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 13 North Carolina Department of Human Resources, Solid Waste Management Section revealed no underground storage tanks or hazardous waste sites in the project area. Although Cleveland County is not a participant in the National Flood Insurance Program (NFIP) detailed mapping has been done on Flood Insurance Rate Maps (FIRMs) in anticipation of future participation in the NFIP. The approximate 100 year floodplain in the project area is shown in Figure 4. The amount of floodplain area to be affected is not considered to be significant. 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. 14 REFERENCES Burt, W.H. and R.P. Grossenheider. 1952. A Field Guide to Mammals. Houghton Mifflin Publishing, Boston, Massachusetts. Cleveland County Watershed Ordinance. 1994. Conant, R., and J.T. Collins. 1958. A Field Guide to Reptiles and Amphibians of Eastern and Central 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 United States 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. United States Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. United States Army 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 Broad 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 North America. Western Publishing, Racine, Wisconsin. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina Third Approximation. North Carolina Natural Heritage Program, Raleigh, North Carolina. 15 Sutton, A. and M. Sutton. 1985. Eastern Forests. Alfred Knopf Publishing, New York, New York. United States Department of Agriculture, Soil Conservation Service. 1973. General Soil Map Cleveland County, North Carolina. United States Fish and Wildlife Service. 1992 (updated 1996). Endangered and Threatened Species of the Southeastern United States (The Red Book). United States Fish and Wildlife Service Southeastern Region, Atlanta, Georgia. United States Fish and Wildlife Service National Wetlands Inventory Map of Waco, 1994. United States Geological Survey Topographic map of Waco quadrangle, 1973. Whitaker, J.O., Jr. 1980. The Audubon Society Field Guide to North American Mammals. Alfred Knopf Publishing, New York, New York. 16 Z? dN Muddy r D U 0 z 5 J U W di 0 0 0 0 c 0 8. 0 L ? C ? m C E ? m a. N c (D g,2 ,=c .? 0 Uc? t •y •C 0.5 z 0 a. 40 QO N co w in ?g mw} ZOZ LU D T- o?v04 oW z gZ °'F- w T WoU U? gN IL Z wo 0 m CLEVELAND COUNTY BRIDGE NO. 35 B-2815 LOOKING NORTHWEST LOOKING SOUTHEAST LOOKING SOUTHWEST DOWNSTREAM FIGURE 3 SCALE 1:24000 0 1000 2000 meters FIGURE 4 North Carolina Department of Cultural Resources James B. Hum Jr.. G? \rmc! Betty Rai N1,:C':iir.. Sccretar% April 4, 1996 MEMORANDUM TO: H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highways Department of Transportation ? FROM: David Brook / If Deputy State 44isto'ric reservation Officer SUBJECT: Group IX Bridge Replacement Projects Bridge 35 on SR 1001 over Persimmon Creek, 8- 2815, Cleveland County, ER 96-8514 Division of Archives and History kffrey J. Crow. Director E?D 1 ,1 ?q?h app G rn G,,J? NON f.i?, ?/L?& EVGIRDN?. Thank you for your letter of March 1 1, 1996, concerning the above project. We are aware of no structures of historic or architectural importance within the general area of the project. 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 104 East Jones Street • Raleigh. ,'worth Carolina 27601-2807 ??? TIP n e, - 2a;:o Federal Aid # 1z? County 6Lz L „N1> CONCURRENCE FORM PROPERTIES NOT ELIGIBLE FOR THE NAOTIONAL REGISTER OF HISTORIC PLACES Brief Project Description R"PLAU-- ? ?.?, 3? or.1 l°°1 ova P£2St?nrvtoN Cosy On dW-4 it III(, , representatives of the North Carolina Department of Transportation (NCDOT) Federal Highway Administration (FHwA) ? North Carolina State Historic Preservation Office (SHPO) Other $ R4 Dfr{ G40U P 1% 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 effect. there are no properties less than nfry years old which are considered to meet Criterion Consideration G within the project's area of potential effect. there are properties over fifty years old (list attached) within the project's area of potential effect, but based on the historical information available and the photographs of each property, properties identified as considered not eligible for the National Register and no further evaluation of them is necessare ary. there are no National Register-listed properties within the project's area of potential effect. Signed - h n---_ Qn.??nn A-- __.- Ih L! V 1 FHwA, for the Division Admuustrator, or other Federal Agency ive, SHPO ? v is Preservation Officer ate S 1 96 ate If a survey report is prepared, a final copy of this form and the attached list will be included. r' i^ ? L QFn 5 1996 z Drvrs,Cv ?s OF 4' HIGH,, V4 North Carolina Wildlife Resources Commission 512 N. Salisburn- 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 ??-??-- 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 Socim. 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 creek chub striped jumprock redbreast sunfish bluegill Scientific Name Canostomus funduloides Nocomis leptocephalus Cyprinella chloristius Notropis hudsonius Notropis lutipinnis Notropis procne Notropis scepticus Semotilus atromaculatus Moxostoma rupiscartes Lepomis auritus 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 commersom 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 any 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 B-2941 - Catawba Cou Page 3 April 10, 1996 LMomis 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) redhorse Moxostoma anisurum striped jumprock Moxostoma rupiscartes channel catfish Jctalurus punctatus redbreast sunfish Lepomis auritus bluegill Lepomis macrochirus fantail darter Etheostomaflabellare 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) redha flat bullhead margined madtom rock bass redbreast sunfish fantail darter Cyprinella zamema Nocomis leptocephalus Notropis hypsinotus Cyprinella chlorisdus Notropis lutipinnis Semotilus atromaculatus Catostomus commersoni Moxostoma rupiscartes rse Moxostoma anisurum Ameiurus platycephalus Noturus insignis Ambloplites rupestris Lepomis auritus Etheostoma flabelk re 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 Semodlus 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: Common 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 Semodlus 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. Thank 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 704/6524257. cc: Ms. Katie Cirilis, Resource Southeast SENT OF ly p United States Department of the Interior N O ? a FISH AND WILDLIFE SERVICE '9CH 3-'bb. . Asheville Field Office 160 Zillicoa Street Asheville. North Carolina 28801 March 26, 1996 ?!G C E VSO Mr. H. Franklin Vick, P.E., Manager pl ann i nc and Environmental Branch ko!-tn Carolina Department of Transportation ?44?1RON Box 25201 ?r: korth Carol i na 27611-5201 ?? e a r M 1? i c k Su??ec:: ?roposed replacement of several bridges in Alleghany. Buncombe. Catawba. Cleveland. and McDowell Counties, North Carolina ?sc,o??our letter of March 11. 1996, to the U.S. Fish and Wildlife Service) Raleigh Field Office was forwarded to our office (we ??? ,ee on March 18. 1996). Our office handles project reviews and phis nature for the v,;este"n part of the state, including the - red couri- es . The fol c?,'?nc comments are provided in ca; !l ,stn the provisions of the Fish and wildlife Coordination Act. mended ;16 U.S.C. 661-667e). and Section 7 of the Endangered Species 19 as amended (16 U.S.C. 1531-1543) (,Act). dirt a the information provided in your letter, the following be replaced: Bridge Numbers 52 and 56 on SR 1172 over the (Alleghany County): Bridge Number 512 on SR 2435 over the giver (Buncombe County) : Bridge Number 82 on SR 1165 over Clark Cata?;ba County): Bridge Number 94 on SR 1722 over McLin Creek ;-.a?av;,ba ounty), Bridge Number 35 on SR 1001 over Persimmon Creek e??land CountyBridge Number 230 c,n SR 1908 over Buffalo Creek eveland County); Bridge Number 13 on NC 198 over Buffalo Creek 7eveland County): Bridge Number 65 on SR 1760 over Muddy Creek D??,elI County) : Bridge Number 41 on SR 1147 over the Second Broad (McDowell County): Bridge Number 317 on SR 1267 over Cove Creek: a c Bridge Number 60 on SR 1764 over South Muddy Creek. The Service is particularly concerned about: (1) the potential impacts „ proposed bridge replacement projects could have on federally listed e es anc on Federal species of concern and (2) the potential impacts _L-eam and wetland ecosystems within the project areas. -gave re", ; -,,red our f 1 es and be ; i ev e the envi ronmenta 1 document shout d aJate possible impacts to the following federally listed species gnu c2r Feder-al 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): Alleghany County Hellbender (Cryptobranchus alleganiensis) - 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 t.eretulus) - 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, G.- F-1-le downstream of the NC 18 bridge. Buncombe County Hellbender ('-ryptobranchus alleganiensis) - Federal species of concern. There s a record of this species in the Swannanoa River near Black i9nUn?ain. Spotfin chub (HvboDsis monacha) - Federally threatened. A species endemic to the Tennessee River drainage. The Little Tennessee River .,resently supports the only extant population in North Carolina: r??tie?er. there is a historical record from the Swannanoa River in she,, .lie. Appalachian elktoe (Alasmidonta raveneliana) - Federally endangered. his species is endemic to the upper Tennessee River. It generally occurs in the riffle areas of large rivers that have cobble and aravel substrates. There are only a few extant populations left in the Little Tennessee River. Toe P.iver. 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 Sa,-annah 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 acidwhiles, such as ericaceacous shrubs, hemlock, rhododendron, and mountain Laurel. 3 Butternut (Juglans 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 (S iraea 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. Tnis species has been found along several tributaries to the Henry Fork River. McDowell County Bennett's Mill Cave water slater (Caecidotea carolinensis) - Federal s,,)ecies of concern. This species is presently known from one lo_a-,,it;v 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 (Monotropsis 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. brevistyla) - 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. Addit-Tonally, 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 sting s ructure). (2) any special measures proposed to minimize sezc Tentation during construction: and (3) any measures that will be ;m?,Iemented to minimize impacts to fish and wildlife habitat (e.g., c ,, ec n riparian vegetation whenever possible). a p eciate the opportunity to provide these scoping comments and rat you keep us informed of the progress of these projects. In u:u-, correspondence concerning this project, please reference our 'JumU 4-2-96-057. Sin e Ply. Brian P. Cole Field Supervisor State of North Carolina Department of Environment, Health and Natural Resources AA1 Division of Environmental Management James B. Hunt, Jr_ Governor p E H N F 1 Jonathan B, Howes, Secretary A. Preston Howard, Jr., P.E„ Director April 19, 1996 MEMORANDUM To: Jim Buck From: Eric Galambc----( 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-consumer 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: MAY 1 7 1996 Dr'vis?C1? ? ,. L 4 II/GHI AYs n)A =VV( 50' 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 Huntington, 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 (USACE), 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 7177 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 constriction 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)] 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 Categcrical 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