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HomeMy WebLinkAbout20011513 Ver 1_Complete File_20011017pip DEC ETLANOS G PO STATE OF NORTH CAROLINA U?LITY SECTION- DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY November 25, 2002 Dll,:5--/3-boa Mr. John Hendrix, NCDOT Regulatory Project Manager US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Nationwide Permit 23 (Approved Categorical Exclusion) Modification Request USACOE Action ID No. 200230079 TIP No. B-3660, Bridge No. 204, SR 1334, Fines Creek and Unnamed Tributary Haywood County, Federal Aid Project No. BRSTP-1334(1) State Project No. 8.2941001 (DWQ Minor Permit Fee $200.00) Dear Mr. Hendrix: The U. S. Army Corps of Engineers (USACOE) has authorized the North Carolina Department of Transportation (NCDOT) to place fill in waters of the United States to construct the subject project. This Nationwide Permit 23 authorizes the replacement of the subject bridge structure with a 120-foot long by 32-foot wide structure on new location, approximately 90 feet upstream of the existing location, and fill 200 feet of intermittent stream channel along SR 1334, associated with the realignment of SR 1334. The intermittent stream channel was relocated adjacent to the new road alignment. The purpose of this letter is to request a modification to the existing Nationwide Permit 23 to allow the extension of a driveway pipe 20 linear feet in an unnamed (intermittent) tributary to Fines Creek (DWQ Class Q. The purpose of the extension is to provide an acceptable driveway to an adjacent landowner. Due to the realignment of SR 1334, the driveway at Sta. 12+50 was left with a steep grade and sharp turning radius, which could not be accessed by heavy trucks and farm equipment. NCDOT proposes to widen the driveway, which will greatly improve the turning radius and grade. This will require the extension of an existing 30" x 30' CMP by 20 linear feet on the outlet end. This driveway provides access to a residence, several farm buildings and agricultural land and will be used by cars, trucks, and farm equipment. I am attaching a PCN application, site plan, and a marked county map and USGS quad map for your information. NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Mr. Owen Anderson, Mountain Region Coordinator,` of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit . modification request... 4 B-3660 Permit Modification Page 2 November 25, 2002 Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). In addition, I am asking Mr. Anderson and Mr. Ed Ingle, (NCDOT) to comment directly to me concerning this permit request. Your earliest consideration for this request would be greatly appreciated. If you have any questions or need additional information, please contact me at (828) 586-2141 or Mr. Rick Styles, P.E., at (828) 497-7333. Sincerely, G9y???? ?.r v?l/ Mark S. Davis Division Environmental Officer Enclosures cc: Mr. R. G. Watson, P.E., Division Engineer, NCDOT, Sylva Mr. C. R. Styles, P.E., Resident Engineer, NCDOT, Whittier Mr. Owen Anderson, Mountain Region Coordinator, NCWRC, Waynesville Mr. John Dorney, DWQ, DENR, Raleigh (seven copies) Mr. Mike Parker, DWQ, DENR, Asheville Ms. LeiLani Paugh, Environmental Specialist, PDEA, NCDOT, Raleigh Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. 491/5_/3 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NW 23 Modification or NW 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? H. Applicant Information 1. Owner/Applicant Information Name: North Carolina Department of Transportation Mailing Address: 253 Webster Road Svlva, NC 28779 Attn: Mark S. Davis DEO Telephone Number: (828) 586-2141 Fax Number: (828) 586- 4043 E-mail Address: markdavisOdot.state.nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Replace Bridge No 204 on SR 1334 on New Alignment - NW 23 Modification - Extend driveway culvert - USACOE Action ID No. 200230079 2. T.I.P. Project Number or State Project Number (NCDOT Only): TIP No. B-3660 3. Property Identification Number (Tax PIN): 4. Location County: Haywood Nearest Town: Waynesville Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): I-40 West to Fines Creek Exit Take SR 1338 north 3.6 miles to Jct. of SR 1338 and SR 1334. Turn right onto SR 1334 go approximately 0.2 miles to driveway on left. 5. Site coordinates, if available (UTM or Lat/Long): 035 40'50.0" N. 082 57'01.0" W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Limited Residential - Agriculture (Row crops and pasture) 7. Property size (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): UT to Fines Creek (DWQ Class C) 9. River Basin: French Broad (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hqp://h2o.enr.state.nc.us/admin/maps/.) Page 2 of 8 10. Describe the purpose of the proposed work: Extend existing 30" x 30' CMP 20 linear feet to provide an acceptable driveway for the adjacent property owner. NCDOT proposes to improve the turning radius and grade of the driveway in order for large trucks and farm equipment to gain access to agricultural lands and out buildings (barns) 11. List the type of equipment to be used to construct the project: Excavator, bulldozer, and dump trucks. 12. Describe the land use in the vicinity of this project: Rural agriculture - limited residential IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. NW 23 (Approved Categorical Exclusion) USACOE Action ID No. 200230079 - Issued 1/15/02 DWO General Water Ouality Certification No. 3107 for NW 23 (Approved Categorical Exclusions) - Issued 1/29/02 (See Attached Permits) V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be Page 3 of 8 included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** N/A N/A N/A N/A N/A N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hgp://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please seci ) Site 1 Sta 12+50 CHIP Extension 20 UT to Fines Creek 1' I * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 20' Page 4 of 8 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) (if Name p Waterbody applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A N/A N/A N/A N/A t ist each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Due to the realiaunent of SR 1334, the driveway at Sta 12+50 was left with a steep grade and sharp turning radius, which could not be accessed by heavy trucks and farm equipment NCDOT needs to provide an acceptable driveway to the property owner, which will require the extension of an existing 30'x 30" CMP by 20 linear feet in order to improve the grade and turning radius of the driveway. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 5 of 8 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strrngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/mM/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 6 of 8 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total -v,,? , cxtvuub uut ov ieet perpenaicutar nom near bank or channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. N/A Page 7 of 8 XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Y-line driveway will be paved from edge of SR 1334 to NCDOT rit of way limits (approximately 45 linear feet) Existing driveway is a 10 foot wide gravel surface (pervious) and will be paved resulting in 450 square feet of impervious surface Stormwater will be diverted through settling basins or grass lined buffers prior to entering the stream XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction. dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 I O x' Z U LLJ W /n > cJ o m i <C/ II ' I O a \ '/'' .68?S I Q? Q. v/ FINES GR?E' f V /.?... a ? N ~ / ' w 11 \ / / O 3 13 W N w m O !1 (?-? a? / Aa2a' w z awe 4- °0_° O I ?I I tin NN Z J 0_0 -3 a ?, ,a ya 9 WQ E t--N Z I lt7 W i C7 \ <? rc 3 0 UN? a0 N1` 1 (p U. K ox, UWW Q O ?mM m WZr = Ldf-N O N N ct'Ld+a N a a a a = C, ?lX'?FF _ O D(.DIOQ N N N N m~m s V) Y Y \ LLJ o??0 m O o C3 0 a,W„o Q 26 \ 11 NUJJX3 WLUZ ((?r? R m \\ II X •\ r \\ `O Q mmJw o m I j?? ?? ,\ \\ \1 U\m Q? J ?3 \ ???o\\\ 3w, Q lll?l `?y? /MT. Fw lrJ I 1 ?! q < ww?o \ \\ ?? Q? I I coo k? aw \ \ \ w Z M k/ /' ' 03 X ILI V) LL, A? I q a // v O a CO -xv) q // ti0 ? P \ ?\ \ \ w ?I.. .F F /k Z o mM 1 lk-1ba 0. LN $a \ -cIddV / J u _j LLja- o J NaaW 0 1 O? `? Try` `? y -?" ? v I j k J rr00 ~O O J O 113_ <P in % C, Ith to 00 w f= _I J l? 'V' \\\ `\.', % \ ?j I I w LO 1 t k LLJ -8" 00 CF) r- WS + 5: -ii / ?i am to WWN k Cl, % / ti?i I\kq i i I O -lj in LQjj LLJ u -J \ \\ / FU- NWZ \\oaa??\\? \ O u>- Z \c?o s l \\F k A` z 4 SBW FENCE TEMPORARILY LOCATED ON TCE Q XO 0 -L- foo.00 E- IVIST. RI-VT 13.00' LT 40.00' LT 'ENCE h? )0 = 00.00 -L- f56 115.00' LT \k REVISE FILL SLOPE TO 4:1 STA. 14+50 TO 15+00 -L- LT k\ -L- fo0.00 • -. 55.26' LT TIE TO EXIST. FENCE ?? -L- 4/.64' LT " 66.77' LT _ -L : --F46.00 FALLOW r - r r SEXIST. R/W 40.00' LT e ' ' / 0 , 11.1 le -''4 SBW FENCE RESET FINALLY ' ON R/W ' ' R '?' P\N,?p\NF'0 i ' i - POT l0foooo 3 9NSTRUCTION ./ MPx `'R' ? pc i i i i I-P `? - . a.o• C HW I ?klll ?'l Ex, ?ej ob.z i',???•'70.00'RT C??h c? ROCK O 30.00' / -4?\ 9' -L- -f00.0o -i- / / F EX157 : R/W I3.00' RT 30.00' RT ?- X DETI TOE FRO (Not to Natural GrourW d d = 2,0 Ft. Type of Liner = CLt -L- STA 14+35 T, EST 72 TONS CL EST 193 SY FILT. °o V con C} '` M , CY) Aj6 .? - - C-• _ _ -?t5?? i 4 t7v J ? y:Sl C ?-. .y - LO `-- ? r? e :t CY) Y T IT I ! '•r ,= (? co/ 77 cy) F i t firth c 9 s' x ir' C^ CN r ? ?? std r 4 1 I?Q W .0 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200230079 County: Haywood GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: North Carolina Department of Transportation Address: Project Development and Environmental Analysis Branch, Attn: William. D. Gilmore, Manager, 1548 Mail Service Center, Raleigh, North Carolina 27699-1548 Telephone No.: (919)733-7844 Size and Location of project (water body, road name/number, town, etc.): Bridge No. 204, SR 1334, Fines Creek and unnamed tributary, TIP No. B-3660. Description of Activity: Replace Bridge No. 204 with a 120-foot-long by 32-foot-wide structure on new location, approximately 90 feet upstream of existing location, and fill 200 feet of intermittent stream channel along SR 1334, associated with associated realignment of SR 1334. SPECIAL CONDITIONS: All conditions of the attached NC Wildlife Resources Commission memoranda of May 24, 1999, and October 24, 2001, are hereby incorporated as special conditions of this permit. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: Regional General Permit Number. 23 Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date: January 15, 2002 Corps Regulatory Official: John W. Hendrix Telephone No.: (828) 271-7980, x-7 Expiration Date of Verification: February 11, 2002 CF: Mark Davis, Division 14 Environmental Officer, P.O. Drawer 37, Sylva, NC 28779 CFSAW Forth 591 Revised July 1995 RECEIVED OCT 2 9 2001 CESAW-CG-RA ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director TO: Mr. John Hendrix, USACOE Asheville Field Office FROM: Maryellen Haggard, DOT Permit C 'ordinat r Habitat Conservation Program. j? IJ" DATE: October 24, 2001 SUBJECT: NCDOT bridge replacement of No. 204 on SR 1334 over Fines Creek, Federal Aid Project No. BRSTP-1334(1), State Project No. 8.2941001, TIP No. B-3660, Haywood County The North Carolina Department of Transportation (NCDOT) is requesting a concurrence letter from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. Biologists on staff with the NCWRC have reviewed the proposed improvements and are familiar with habitat values of the project area. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the Clean Water Act of 1977 (33 U.S.C. 466 et seq.). NCDOT proposes to replace the existing bridge over Fines Creek with a new bridge . approximately 90 feet upstream of the existing structure. The bridge replacement will require the new alignment of both SR 1334 and SR 1338 to facilitate a new tie-in. We concur with the preferred alternative. Replacing the bridge with another bridge should have minimal impacts on aquatic resources. Provided that NCDOT adheres to the environmental commitments stated in the Categorical Exclusion document for bridge construction and bridge removal we do not object to the project as proposed. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at (336) 527-1549. Cc: Cynthia Van Der Wiele, NCDWQ LeiLani Paugh, NCDOT Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 9 Fax: (919) 715-7643 FWTFI Y1999 ® North Carolina. Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch, NCDOT FROM: Mark S. Davis, Mountain Region Coordinator Habitat Conservation Program DATE: May 24, 1999 SUBJECT. Comments on Group XV Bridge Replacement Projects in Haywood, Henderson, Jackson and Madison Counties. This memorandum responds to your request for our concerns regarding impacts on fish and wildlife resources resulting from the subject projects. The North Carolina Wildlife Resources Canunission (NCWRC) has reviewed the proposed projects, and our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661-667d). belo The proposed work involves 5 bridge replacement projects in western North Carolina (listed w). Construction impacts on wildlife and fisheries resources will depend on the extent of disturbance in the streambed and surrounding floodplain areas. We prefer bridge designs that do not alter the natural stream morphology or impede fish passage. Bridge designs should also include provisions for the deck drainage to flow through a vegetated upland buffer prior to reaching the subject surface waters. We are also concerned about impacts to designated Public Mountain Trout Waters ??) and environmental documentation for these projects should include descrition of any streanig or wetlands on the and surveys for any threatened or endangered species that may be affected by construction. project site B-2583 - Madison County, Bridge No. 328 on SR 1001 over French Broad River W We have not identified any special concerns associated with this project. B-3187 -Haywood County, Bridge No. 79 on SR 1112 over West Fork Pigeon'River The West Fork Pigeon River is designated Hatchery Supported PMTW. The river also supports a wild trout population in the project area. We would prefer that the existing bridge be replaced with another spanning structure. In reference to the Bridge Demolition Form, the moratorium required by NCWRC should read instrearn work should not be conducted between November I and April 15. Group XV Bridges page 2 May 24, 1999 Bridge No. 6 on SR 1338 over South Mills River B-3191 - Henderson County, the project site; however, the stream supports a The South Mills River is not-designated PMTW at with another sp anning wild trout population. We would prefer that the existing bridge be replaced u witb N another sp structure. In reference to the Bldg oDbe conducted between Nov ember 1 and April 15. should read instream work sho B-3196 - Jackson County, Bridge No. 193 on SR 1157 over Thorpe Dam Spillway - We have not identified any special concerns associated with this project. B-3660 - Haywood County, Bridge No.-204 on SR 1334 over Fines Creek pports a wild grated PMTW at the project site; however, the stream su trout Fines Creek is not desi bridge be replaced with another spanning structure- population. We would prefer that the existing iced by NCWRC should read instrearn In reference to work s hould not be conducted between November 1 and April 15. as "trout water counties" by the Corps of Because all of the above counties are recognized ? for the proposed Engineers (COE), the NCWRC will review any nationwide or general 404 permits projects. The following conditions are likely to be placid on the subject 404 Permits: sedimentation and erosion control measures must be implemented and ??? on 1. Adequate sedim c resources. Structures should be the project site to avoid impacts to downstream aquat? events. inspected and maintained regularly, especially following rainfall permanent herbaceous vegetation should be planted on all bare soil within 15 2. Temporary or Pe erosion control. days of ground disturbing activities to provide long-term . All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags, be usedwhere possible 3 rock berms, cofferdams, or other diversion structures should to prevent excavation in flowing water. work area must be maintained to prevent direct 4. If concrete is used during construction' a dry water concrete and stream water. Uncursd concrete affects contact between curing quality and is highly toxic to fish and other aquatic organisms. l?lling should be minimized, and tree and shrub growth should be retained if 5. Grading and bac of shoreline cover for gamefish and wildlife. possible to ensure long term availability 6. In trout waters, instream construction is prohibited during the trout spawnu?g period of November 1 to April 15 to avoid impacts on trout reproduction. to should be operated from the bank rather than other pollutants elf in order 7. Heavy equipment reduce the likelihood of introducing P minirnize sedimentation and 8 that all they should be designed so ! S. If multi-celled reinforced conc rete box culverts are utilized, during 1 flow conditions. This could water flows through a single cell (or two if necessary) 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. :: up XV Bridges Page 3 May 24, 1999 n< 9. Notched bales should be placed in reinforced concrete box culverts at 15 foot intervals to allow for the collection of sediments in the culvert, reduce flow velocities, and to provide resting places for fish moving through the structure. 10. Only clean, sediment-free rock should be used as temporary fill (causeways), and should be removed without excessive disturbance of the natural river bottom when construction is completed. 11. During subsurface investigations, equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. 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 (828) 452-2546. cc: Mr. Steven Lund, NCDOT Coordinator, COE, Asheville Ms. Stacy Baldwin, P.E., PD & EA Branch, NCDOT, Raleigh Mr. Kevin Austin, P.E., Barbara H. Mulkey Engineering, Inc., Raleigh w DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 REPLY TO ATTENTION OF: Permit Number: 200230079 Permit Type: NW 23 Name of County: Haywood Name of Permittee: NCDOT/SR1334/BR204 Date of Issuance: January 15, 2002 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Attention: CESAW-RG-A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date http://h2o.enr.state.nc.us/ncwetlands/files/CiENCEP,T.23 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 23 (APPROVED CATEGORICAL EXCLUSIONS) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (23). This Certification replaces Water Quality Certification Number 2670 issued on January 21, 1992 and Water Quality Certification Number 2734 issued on May l 1993. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permit 23 or when deemed appropriate by the Director of the DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Proposed fill or substantial modification of waters or wetlands for this General Certification requires written notification to the Division of Water Quality regarding the extent of impact to waters and wetlands; 2. Two copies shall be submitted to DWQ at the time of notification in accordance with 15A NCAC 2H .0501(a); 3. Fill or alteration of more than one acre (0.45 ha) of wetlands will require compensatory mitigation in accordance with 15A NCAC .0506 (h). Written DWQ approval is required for this mitigation plan which may utilize the state's Wetland Restoration Program; 4. Fill or alteration of more than 150 linear feet (45.7 meters) 1 of 3 01/29/2002 1:41 P1I s http://h2o.enr.state.nc.us/ncwetlands/files/GENCERT.23 or streams may require compensatory mitigation in accordance with 15A NCAC 2H .0506(h). Written DWQ approval is required for this mitigation plan which may utilize the state's Wetland Restoration Program; 5. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent edition of the "North Carolina Erosion and Sediment Control Planning and Design Manual" or "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices) are utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTUs in streams and rivers not designated as trout by DWQ; 25 NTUs in all saltwater classes, and all lakes and reservoirs; and 10 NTUs in trout waters); 6. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 7. If an environmental document is required, this Certification is not valid until a FONSI or ROD is issued by the State Clearinghouse; 8. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 9. If the project is not completed within three years from the date of the first notification to DWQ, then the applicant will again need to notify DWQ. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. 2 of3 01/29/2002 1:41 PM http://h2o.enr.state.nc.us/ncwetlands/f7,les/GENCEkT.23,,? Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 11 February 1997. DIVISION OF WATER QUALITY By A. Preston Howard, Jr. P.E., Director gencert.23 WQC # 3107 3 of 3 01/29/2002 1:41 PM 'Ab f 01151 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GoVERNOR U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, NC 28801-5006 September 26, 2001 LYNDO TIPPETT SECRETARY ATTENTION: Mr. John Hendrix V 115 1 NCDOT Coordinator Subject: NWP 23 request for the proposed replacement of Bridge No. 204 over Fines Creek on SR 1334, Haywood County, Federal Aid Project No. BRSTP-1334(1), State Project No. 8.2941001, TIP Project No. B-3660. Dear Sir: Please find enclosed three copies of the project planning report for the above referenced project. Bridge No. 204 will be relocated approximately 90 feet (27.5) upstream (east) of the existing structure. It will require new alignment of 1150 feet (351.7 meters) of SR 1334. The new bridge structure will be approximately 120 feet (36.7 meters) long and 32 feet (9.8 meters) wide with two 12-foot (3.6 -meter) lanes and 4-foot (1.2-meter) shoulders on each side. Approximately 425 feet (130 meters) of improvements to SR 1338 will be required to facilitate the new tie-in to SRI 334. No jurisdictional wetlands will be affected by the construction of the proposed project. A channel located to the east of the existing bridge was determined to be ephemeral or intermittent along its reach to the confluence with Fines Creek. The channel scored 10.5 and 14.25 on the DWQ stream classification forms. 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 Nationwide Permit 23 in accordance with the Federal Register of December 13, 1996, part VII, Volume 61, Number 241. 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 and Natural Resources, Division of Water Quality, for their review. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE. WWW.DOH.DOT.STATE.NC.US RALEIGH NC RALEIGH NC 27899-1548 .. We are also requesting a letter of concurrence from the N.C. Wildlife Resources Commission (NCWRC) during the project permitting process since Haywood County is a designated "trout" county. As requested in comments from NCWRC dated May 24, 1999 and stated in the environmental commitments of the planning document, an in-stream work moratorium will be observed from November 1 to April 15. If you have any questions of need additional information, please call Mrs. LeiLani Paugh at 733-1194. Sincerely, 1' William D. Gilmore, P.E., Manager Project Development & Environmental Analysis Branch cc: w/ attachment Mr. David Franklin, COE, Wilmington Mr. John Dorney, Division of Water Quality Ms. Marella Buncick, USFWS, Asheville Ms. MaryEllen Haggard, WRC, Elkin Mr. Tim Rountree, P.E., Structure Design Mr. John Alford, P.E., Roadway Design Mr. Calvin Leggett, P.E., Program Development Ms. Debbie Barbour, P.E., Highway Design Mr. Dave Henderson, P.E., Hydraulics Mr. R. G.Watson, P.E., Division 14 Engineer Mr. Mark Davis, Division 14 DEO Ms. Stacy Harris, Project Development and Environmental Analysis A V ttA? INTERMITTENT CHANNEL EVALUATION FORM ACTION ID APPLICANT NAME 111C-00 ' 3l U DATE PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.) ?G/o G 2 T/CW WATERBODY/RIVER BASIN (W% /ir[C,S Ut?GK //rCs?c?.?3?ozaC_ COUNTY/CITY ?i - If RECENT WEATHER CONDITIONS Does Channel Appear On A Quad Or Soils Map? Y Approx. Drainage Area: -304 r, eJ_ llll/lllll/l/ll/llll/lllllll/lllllllllllllll/l/l/Ill/l/ll/ll/lllllllll/Ill/lllllllllllllll/lllllllllll/lllll/l/l1/Ill/llll/llllllll/Ill/l/ll/l/llllll/llllllllllllllllll/lllll/l/Ill/lllllllll/11/l/ll/l!l/lllllllllllll//l/I! Determination: Perennial Channel (stop) Important Channel: LF PROJECT MGR. Initials _________ Intermittent Channel ' (proceed) Unimportant Channel: LF Ephemeral Channel (no jd) (attach map indicating location of important/unimportant channel) Ditch Through Upland (no jd) r Evaluator's Signature: (if other than C.O.E. project manager) P=Present SP=Stongly Present NP=Not Present 11/41 Jv w G?" t?(? GOB /?ISfiG???%/ Important To Domestic Water Supply? Y (N) / / 0-0 ! 1 ? U O ! I LLI ~ 0 j C + , - 1 l w (D ? = 1'n + + m c9 Z f-- Z 06- cr) ' a Q w F- -co V) 1 1 w ' N 1 1 1. V) , 1 l . S, F ? . F1 :.r +r` 444 't r t 7 141 s .. _ .. it f/ ' f z ? r. -Rove :*.-, .h,r V^.. 'mil ?_..? .-..•i.. ? ?fC? ! :? Ses - 3 Y e i F Name: FINES CREEK Location: 035° 40'55.0- N 082° 57'03.3" W Date: 9/26/2001 Caption: B-3660 - SR 1334 Scale: 1 inch equals 800 feet Haywood County Opyngnt (q , aptecn, inc. JWQ-Stream Classification Form 5,?? / ??.w ?t Utz>? %•? NKd?i Ay `???! ?ject Name: ,9-J1G0 River Basin: FieHC?,6io? County: fliywoW Evaluator: /ya//?c ,S ?avi s VQ Project Number: Nearest Named Stream: /nes C,s; Latitude: 03-r' W V/ "IV Signature: te: 9?- d 6 - 0 / USGS QUAD: Cree_A Longitude: DGa' S7' H W Location/Directions: Jc7. SRI-T 2r i 'LEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, theft use of this form is not necessary. SiQ ,o, if in the best professional judgement of the evaluator, the feature is a matt-made ditch and not a modified natural stream-this ing system should not be used* rimary Field Indicators: (Circle One Number Per Line) Geomor holo Absent Weak Moderate Stroi Is There A Riffle Pool Sequence? 0 1 2 3 Is The USDA Texture In Streambed Different From Surrounding Terrain? O 1 2 3 Are Natural Levees Present? 0 1 2 3 Is The Channel Sinuous? 0 1 2 3 Is There An Active (Or Relic) ood lain Present? 0 2 3 Is The Channel Braided? 0 2 3 Are Recent Alluvial Deposits Present? 1 2 3 \ i Is There A Bankfull Bench Present? 0 1 2 3 1 Is A Continuous Bed & Bank Present? 1 2 3 NOTE: I Bed do Bank Caused B Ditchin And WITHOUT Sinuosity 77ien Score=0* 0) Is A 2" Order Or Greater Channel (As Indicated On Tono Map And/Or In Field) Present? Yes-3 I No=O YINDICATOR POINTS: I Hydrology Absent Weak Moderate Strong ) Is There A Groundwater n -low/Discharge Present? 0 (1? 2 3 3RIMARYHYDROLOGY INDICATOR POINTS:--Z- f/ow fe- dra-ly- X16, 1A ri04--r Aq II Biology Absent ,) Are Fibrous Roots Present In Streambed? 3 t Are Rooted Plants Present In Streambed? 3 F) Is Perivhyton Present? 0 YBIOLOGYINDICATOR POINTS:--c-L_ Secondary Field Indicators: (Circle One Number Per Line) >48 Hrs. Since Ditch Indicated In #9 Above i During Dry Weak 2 2 1 XGeomor holo Absent Weak Moderate Strong t Is There A Head Cut Present In Channel? 0 .5 1 1.5 A Is There A Grade Control Point In Channel? 0 .5 1 1.5 A ge Way? 0 Y GEOMORPHOLOGY INDICA TO ,1.? Hydrology Is This Year's (Or Last's) Leaflitter Present In Streambed? ,t) Is Sediment On Plants (Or j) Are Wrack Lines Present? y) Is Water In Channel And ast Known Rain? (*NOTE: if S) Is There Water In Channe Conditions Or In Growing S POINTS: 0 2 3 2 3 1 1.5 Absent Weak Moderate Stro 1.5 1 .5 ., 0 0 1 1.5 0 .5 1 1.5 0 .5 1 1.5 :i This Ste And #S Below" n .5 1 1.5 Are H dric Soils Present In Sides Of Channel Or In Headcut 7 Yes ECONDARYHYDROLOGYINDICATOR POINTS: No=O sII. Biolo Absent Weak Moderate Strong / Are Fish Present? 0 .5 1 1.5 1 5 2Are Amphibians Present? .5 1 . . 0 5 1 1.5 3 Are A uaticTurtles Present? . .q Are Crayfish Present? 0 .5 1 1.5 1 5 f Are Macrobenthos Present? H.5 . . Are Iron Oxidizin Baceria/Fun us Present? 1 1.5 Is Filamentous Algae Present? Are Wetland Plants In Streambed? SAV Mostly OBL .5 Mostly FACW 1 Mostly„>AC 1.5 Mostly FACU Mostly UPL ' NOTE: If Total Absence OjAll Plants in Streambed 2 1 .75 55 0 0 s Noted Above Ski This Ste UNLESS SAV Present' . Gra SECONDARYBIOLOGYINDICATOR POINTS: Present? OTAL POINTS (Pritttary + Secondary)=/D. 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(.1117 aad aagiutW auO aprlO) :Siolvaipul piala luw! j( * pasn aq lou plnorls walsd's Sigi sl q7-urvaig lampm paJlpour n;ou pun ga)lP apn:U-uvui v q ainlnaf aip tiolnnlnna ay)fo luasuaSpnf lvuolssafoid /saq atp tq fr'osl /?£F/a'S) A££/NS 'A'iassaaau lorr Sl umof slip fo asn uaili !gaup apnui-nuui V .VI amlnaf ajp hill aaa9n aaumopuvl pun rolvnlvna ff :ajLom ?aSda'ia f f ° ray°S :suotlaall(j/uoileaOj i /.POeRa :apn)!2UO T S-7(,w :adnb s9sn /O-LC°,G :ales alnluu2is oti°S£o :opr4pu I )1,2 :WV04S Pawerl lsaleai.I :lagwnrl loafold bMi s?.?2? s ???,? :lolunleAg p wmM eff :,(IunoO ?zo1? Y-7vPY :ulsell JOAI-d Pv??' ?y :awerl laafoa, -2 4ZAIPA,J/? anoypl Z° taiJOA uODUMISSED Malls AA(?, Lluosoid gs1-q aly (/ ototg lu Haywood County Bridge No. 204 on SR 1334 over Fines Creek Federal Aid Project No. BRSTP-1334(1) State Project No. 8.2941001 T.I.P. No. B-3660 CATEGORICAL EXCLUSION 513 UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: -7/1-4/Do ATE Willi-11 D. Gilmge, P.E., Manager Project Development and Environmental Analysis Branch, NCDOT r? ?Z/ DATE tom, Nicholas L. G , P.E. Division Administrator, FHWA ,w Haywood County Bridge No. 204 on SR 1334 over Fines Creek Federal Aid Project No. BRSTP-1334(1) State Project No. 8.2941001 T.I.P. No. B-3660 CATEGORICAL EXCLUSION July 2000 Documentation Prepared by: Barbara H. Mulkey Engineering, Inc. it?q?415SI:1111'. • U 14; S•w q i ? ?C C..•? w e ?`L•L, _ ?i o - William T. Goodwin, Jr., P.E. Date c? 'k, Project Manager °'-` for the North Carolina Department of Transportation L*g44 6 4kttAt?' Stacy B. Hams, P.E. Project Manager Consultant Engineering Unit PROJECT COMMITMENTS Haywood County Bridge No. 204 on SR 1334 over Fines Creek Federal Aid Project No. BRSTP-1334(1) State Project No. 8.2941001 TIP. No. B-3660 In addition to the standard Nationwide Permit #23 Conditions, the General Nationwide Permit Conditions, Section 404 Only Conditio is, Regional Conditions, State Consistency Conditions, NCDOT's Guidelines for Best Management Practices for. Bridge Demolition and Removal, General Certification Conditions, and Section 401 Conditions of Certification, the following special commitments have been agreed to by NCDOT: Project Development and Environmental Analysis Branch, Resident Engineer and Roadway Design Unit A construction moratorium for in-stream work will be observed from November 1 to April 15 due to the presence of wild trout populations in the creek. The final bridge plans and hydraulic analysis of the effects of the replacement structure on the 100-year flood elevation will be forwarded to TVA for. approval. An approved copy of the Categorical Exclusion will be forwarded to TVA. Categorical Exclusion Green Sheet July 2000 Haywood County Bridge No. 204 on SR 1334 over Fines Creek Federal Aid Project No. BRSTP-1334(1) State Project No. 8.2941001 T.I.P. No. B-3660 INTRODUCTION: Bridge No. 204 is included in the 2000-2006 North Carolina Department of Transportation (NCDOT) Transportation Improvement Program and in the Federal-Aid Bridge Replacement Program. The location is shown in Figure 1. No substantial environmental impacts are anticipated. The project is classified as a Federal "Categorical Exclusion". 1. PURPOSE AND NEED STATEMENT Bridge Maintenance Unit records indicated the bridge has a sufficiency rating of 34.9 out of a possible 100 for a new structure. The bridge is considered functionally obsolete and structurally deficient. The replacement of this inadequate structure will result in safer traffic operations. II. EXISTING CONDITIONS The project is located in the northern part of Haywood County*at the intersection of SRI 334 and SR 1338. The project is located inside the Pisgah National Forest (see Figure 1). Land use in, the area is rural woodlands, agricultural fields and single family residential. SR 1334 is classified as a rural minor collector in the Statewide Functional Classification System and is not a Federal-Aid Highway. This route is not a designated bicycle route. In the vicinity of the bridge, SR 1334 is a two-lane roadway which has a 19-foot .(5.7-meter) pavement width with two-foot (0.6 meter) grass shoulders (see Figures 3 and 4). The roadway grade through the project area is rolling. The existing bridge is located on a tangent with a curve at the southern approach and the intersection with SR 1338 at the northern approach. The curve at the southern approach to the structure has a 25 miles (40 kilometers) per hour design speed. The roadway is situated approximately 10 feet (3.0 meters) above the creek. Bridge No. 204 is a two-span structure that consists of a timber deck with an asphalt wearing surface on steel beams. The substructure consists of timber abutments with one interior bent. The existing bridge (see Figure 3) was constructed in 1967. The overall length of the structure is 81 feet (24.8 meters). The clear roadway width is 24.3 feet (7.4 meters). The posted weight limit on this bridge is 20 tons for single vehicles and 20 tons for TTST's. The current traffic volume of 1,150 vehicles per day (VPD) is expected to increase to 2,300 VPD by the year 2025. The projected volume includes one percent truck-tractor semi-trailer (TTST) and two percent dual-tired vehicles (DT). No speed limit is posted in the project area; therefore it is assumed to be 55 miles (90 kilometers) per hour by statute. There are no utilities attached to the existing structure, but there are power and telephone lines overhead as they cross Fines Creek on the downstream side of the structure. Utility impacts are anticipated to be medium. One accident, resulting in property damage only, was reported in the vicinity of Bridge No. 204 during the period from September 1994 to August 1997. The accident occurred when a tractor- trailer struck the north end of the bridge while attempting to turn right onto SR 1334. The roadway was wet at the time of the accident. Two school buses cross the bridge daily on their morning and afternoon routes. III. ALTERNATIVES A. Project Description The replacement structure will be approximately 120 feet (36.7 meters) long and 32 feet (9.8 meters) wide with spill-through abutments on both end. The structure will provide two 12-foot (3.6-meter) lanes with 4-foot (1.2-meter) shoulders on each side (see Figure 5). The recommended bridge length is based on a preliminary hydraulics analysis. The length of the new structure may be increased or decreased as necessary to accommodate peak flows as determined by further hydrological studies. The final design of the bridge will be such that the backwater elevation will not encroach beyond the current 100-year floodplain limits. The grade of the new structure will be approximately 5 feet (1.5 meters) higher than the grade of the existing structure. SR 1334 and SR 1338 will be widened to a 24-foot (7.2-meter) pavement width to provide two 12-foot (3.6-meter) lanes with 8-foot (2.4-meter) shoulders on each side, in accordance with current NCDOT policy. Typical sections of the proposed approach roadway are included as Figure 4. B. Reasonable and Feasible Alternatives Two reasonable and feasible alternatives for replacing were considered. Alternative 1- Rev 1 (preferred) involves replacing Bridge No. 204 on new alignment approximately 90 feet (27.5 meters) upstream (east) of the existing structure. The existing bridge and roadway will be used to maintain traffic during construction. The new alignment will have a design speed of 30 miles (48 kilometers) per hour and will be approximately 1150 feet (351.7 meters) in length. Approximately 425 feet (130 meters) of improvements to SR 1338 will be required also to facilitate the new tie-in with SR 1334. The pavement at this intersection will be widened to facilitate turning movements. Geotechnical analysis of the hillside north of SR 1338 indicates that slopes as steep as 1:1 can be used in sections of the cut slopes. A design exception will be necessary for the horizontal and vertical curve design speeds. 2 Alternative 2 involves replacing Bridge No. 204 on new alignment approximately 180 feet (55.0 meters) upstream (east) of the existing structure. The existing bridge and roadway will be used to maintain traffic during construction. The new alignment would have a design speed of 40 miles (65 kilometers) per hour and would be approximately 1250 feet (382.3 meters) in length. Approximately 360 feet (110.1 meters) of improvements would be required to SR 1338 also to facilitate the new tie-in with SR 1334. A design exception would be necessary for the horizontal and vertical curve design speeds. This alternative is not recommended because of the adverse effects on a large flat farm field adjacent lo SR 1334 and SR 1338. Such flat farmable land is rare in Haywood County. C. Alternatives Eliminated From Further Study Alternative 1- Rev 2 involves replacing Bridge No. 204 on new alignment approximately 90 feet (27.5 meters) upstream (east) of the existing structure. The existing bridge would be used to maintain traffic during construction. The new alignment would have a design speed of 30 miles (50 kilometers) per hour and would be approximately 1150 feet (351.7 meters) in length. This alternative would require approximately 425 feet (130 meters) of improvements to SR 1338 also to facilitate the new tie-in with SR 1334. A design exception would be necessary for the horizontal and vertical curve design speeds. With this alternative, the north end of the proposed bridge is flared to accommodate turning truck traffic from SR 1338. This alternative is not recommended because of the difficulties of constructing a flared structure. Alternative 3 involves replacing Bridge No. 204 on new alignment approximately 70 feet (21.4 meters) upstream (east) of the existing structure. The existing bridge and roadway would be used to maintain traffic during construction. The new alignment would have a design speed of 25 miles (40 kilometers) per hour and would be approximately 650 feet (198.8 meters) in length. This alternative would require approximately 200 feet (61.2 meters) of improvements to SR 1338 also to facilitate the new tie-in with SR 1334. A design exception would be necessary for the horizontal and vertical curve design speeds. This alternative is not recommended because it changes the traffic flow pattern along SR 1334 and SR 1338. Alternative 4 involves replacing Bridge No. 204 on new alignment approximately 100 feet (30.6 meters) upstream (east) of the existing structure. The existing bridge and roadway would be used to maintain traffic during construction. The new alignment would have a design speed of 30 miles (50 kilometers) per hour and would be approximately 1375 feet (420.5 meters) in length. This alternative would require approximately 735 feet (224.8 meters) of improvements to SR 1338 also to facilitate the new tie-in with SR 1334. A design exception would be necessary for the horizontal and vertical curve design speeds. This alternative is not recommended because of the large amount of rock excavation required and the resulting increase in construction cost. Alternatives that replaced Bridge No. 204 in-place with a temporary on-site detour were not considered because of the need to improve the alignment of SR 1334 and raise the grade. An off- site detour is considered unacceptable due to the high road user cost of approximately $2,800,000 and the detour length of approximately 22 miles (35 kilometers) over mountainous terrain. Therefore, neither off-site nor temporary on-site traffic maintenance alternatives were considered reasonable or feasible. The "do-nothing" alternative will eventually necessitate closure of the bridge. This is not acceptable due to the traffic service provided by SR 1334. "Rehabilitation" of the old bridge is not feasible due to its age and deteriorated condition. D. Preferred Alternative Bridge No. 204 will be replaced on new alignment approximately 100 feet (30.6 meters) upstream (east) of the existing structure. Alternative 1- Rev 1 is recommended because it minimizes impacts to a flat farm field adjacent to SR 1334. The NCDOT Division 14 Engineer concurs with the recommendation of Alternative 1 - Rev 1 as the preferred alternative. IV. ESTIMATED COSTS The estimated costs for the two reasonable and feasible alternatives, based on current prices, are as follows: Alternative 1- Rev 1 Preferred Alternative 2 Structure $268,80 $251,20 Roadway Approaches $483,356 $420,018 Structure Removal $17,76 $17,76 Misc. & Mob. $362,00 $311,022 Eng. & Contingencies $1685,08 $150,00 Total Construction Cost $1,300,00 $1,150,00 Right-of-way Costs $47,50 $67,50 Total Project Cost $1,347,50 $1,217,50 The estimated cost of the project shown in the 2000-2006 NCDOT Transportation Improvement Program is $385,000, including $35,000 for right-of-way, and $350,000 for construction. V. NATURAL RESOURCES A biologist visited the project site on May 20, 1998 to verify documented information and gather field data for a thorough assessment of potential impacts that could be incurred by a proposed bridge replacement project. The investigation examined the vegetation surrounding the highway bridge in order to 1) search for State and federally protected plants and animal species; 2) identify unique or prime-quality communities; 3) describe the current vegetation and wildlife habitats; 4) identify wetlands; and 5) provide information to assess (and minimize adverse) environmental effects of the proposed bridge replacement. . 4 A. Methodology Information sources used to prepare this report include: USGS Fines Creek, NC 7.5 minute series topographic map (1976); Natural Resources Conservation Service (MRCS) Soil Survey of Haywood County Area, NC (1997); United States Fish and Wildlife Service (USFWS) National Wetlands Inventory map (Fines Creek, NC, 1995); the current USFWS Endangered, Threatened, and Candidate Species and Federal Species of Concern in North Carolina list; North Carolina Natural Heritage Program (NCNHP) computer database of rare species and unique habitats; and NCDOT aerial photography of the study area. Research using these resources was conducted prior to the field investigation. Plant communities and their associated wildlife were identified using a variety of observation techniques, including active searching, and identifying characteristic signs of wildlife such as sounds, tracks, scats, and burrows. Impact calculations were based on the worst case scenario using the full 60 feet (18.3 meters) wide right-of-way limits, 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 specific replacement structure design information (pier intrusions, etc.) the worst case was assumed for the impact calculations. B. Physiography and Soils The proposed project lies within the Mountain Physiographic Province, which includes all of North Carolina west of the Blue Ridge Escarpment. The topography of the project vicinity can be characterized as somewhat flat to very steeply sloped. The more level areas are located generally in the floodplain of Fines Creek. Elevation in the project vicinity ranges from approximately 2480 feet to 2800 feet (756 to 853 meters) above mean sea level (msl). Elevation in the project area ranges from about 2480 feet to 2520 feet (756 to 768 meters) above msl. Current land use in the project vicinity is mainly rural residential and agricultural. The Soil Survey of Haywood County (MRCS 1997) identifies the general soil classification found in the project area as Saunook. This is consistent with the field assessment. These soils are typically gently sloping to steep, very deep, well drained, and loamy: They are underlain by loamy alluvium and colluvium and are usually found in drainageways and coves. The predominant soil found in the project area is the Cullowhee-Nikwasi complex, 0 to 2 percent slopes, frequently flooded. It is located on both sides of the southern roadway approach to the bridge, north of Fines Creek Road just west of the intersection with SR 1334, and adjacent to the creek. Cullowhee soils are usually found closer to stream channels and higher on the landscape than the Nikwasi soils: Field conditions generally conform to the soil survey mapping in the project area. Cullowhee soils are somewhat poorly drained, and contain more than 35 percent by volume rock fragments. Nikwasi soils are poorly drained to very poorly drained, and contain more than 35 percent by volume gravel and cobbles. Nikwasi is listed as hydric (USDA, SCS 1991). Included within the Cullowhee-Nikwasi complex are small areas of Dellwood and Hemphill soils. Only the Hemphill soils are listed as hydric. These soils are very poorly drained. They are usually found where the mapping unit joins a low stream terrace. Fannin loam, 30 to 50 percent slopes, eroded, is located on the steep hillside north of Fines Creek Road where it intersects SR 1334. It is well drained and moderately permeable. Fannin loam is not listed as hydric and contains no hydric inclusions. A geotechnical analysis of the slopes of the hillside north of SR 1338 and west of SR 1334 was conducted to' determine the steepest slope that could be used in cut areas around the hill. The findings of the geotechnical report indicate that slopes steeper then 1.5:1 can be used in some areas. For this report all cut slopes were set to 1.5:1, therefore final impacts to the hillside will be less than those shown in this report. C. Water Resources 1. Stream Characteristics The proposed project falls within the French Broad River Basin, with a subbasin designation of FRB5 (04-03-05) and a federal hydrologic unit designation of French Broad-06010106. Fines Creek is a perennial tributary within the French Broad River basin. The creek flows westward through the proposed project area and is approximately 15 to 20 feet (4.5 to 6 meters) wide at Bridge No. 204. The depth of the creek was approximately 4 to 12 inches (10 to 30 centimeters) on the day of the investigation. Fines Creek has a Class C rating from the North Carolina Department of Environment and Natural Resources (NCDENR). A Class C designation indicates the creek's suitability for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. The Classification Date and Index for this portion of the creek is 7/1/73, 5-32. Point-source discharges located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. A search within the project vicinity, [0.5 miles (0.8 kilometers)] was conducted for NPDES permitted discharges and none were found in the area. Non-point source refers to runoff that enters surface waters through storm water flow or no defined point of discharge. In the project study area, storm water runoff from SR 1334 and the agricultural fields east of the road may contribute to water quality degradation. Benthic macroinvertebrates, or benthos, are organisms that live in and on the bottom substrates of rivers and streams. The North Carolina Division of Water Quality (DWQ) uses benthos data as a tool to monitor water quality as benthic macroinvertebrates are sensitive to subtle changes in water quality. Formerly, the DWQ used the Benthic Macroinvertebrate Ambient Network (BMAN) as a primary tool for water quality assessment but phased this method out approximately six years ago and has converted to a basf wide assessment sampling protocol. Each river basin in the state is sampled once every five years and the number of sampling stations has been increased within each basin. Each basin is sampled for biological, chemical and 6 physical data. The DWQ includes the North Carolina Index of Biotic Integrity (NCIBI), as another method to determine general water quality in the basinwide sampling. The NCIBI is a modification of the Index of Biotic Integrity initially proposed by Karr (1981) and Karr, et. al. (1986). The IBI method was developed for assessing a stream's biological integrity by examining the structure and health of its fish community. The Index incorporates information about species richness and composition, trophic composition, fish abundance, and fish condition. The NCIBI summarizes the effects of all classes of factors influencing aquatic faunal communities (water quality, energy source, habitat quality, flow regime, and biotic interactions). The DWQ has a sampling station located at SR 1355, approximately 2 miles (3 kilometers) downstream of the project study area on Fines Creek. This station was last sampled in July of 1997, with a DWQ sampling identification number of 7362. The NCIBI rating of Fines Creek at this location was determined to be Good-Fair. 2. Anticipated Impacts a. General Impacts Neither High Quality Waters (HQW), Water Supplies (WS-I: undeveloped watershed, or WS-II: predominately undeveloped watersheds) nor Outstanding Resource Waters (ORW) occur within one mile (1.6 kilometers) of project study area. Long term impacts to water quality are expected to be negligible. However, short term impacts to water quality could result from construction of the bridge and approaches, such as turbidity and sedimentation. The NCDOT's Best Management Practices for Protection of Surface Waters (BMPs) will be implemented, as applicable, to minimize long term and short term impacts to the water quality of Fines Creek. b. Impacts Related to Bridge Demolition and Removal In order to protect the water quality and aquatic life in the area affected by this project, the NCDOT will follow the NCDOT's Best Management Practices for Bridge Demolition and Removal. These BMPs are in addition to those implemented for the NCDOT's Best Management Practices for Protection of Surface Waters. Dropping any portion of the structure to be removed into "Waters of the United States" will be allowed only if no other practical method of removal is feasible. The existing bridge has a superstructure which consists of a timber deck on steel I-beams. The substructure consists of timber caps, piles, and bulkheads at both abutments. The superstructure and substructure for this bridge are such that it is anticipated the bridge will be removed by a method other than dropping it into "Waters of the United States". This project is classified as a Case 3 situation. Should in- water work be necessary, no special restrictions are required other than those outlined in the NCDOT's Best Management Practices for Protection of Surface Waters and Best Management Practices for Bridge Demolition and Removal. 7 D. Biotic Resources Living systems described in the following sections include communities of associated plants and animals in the project study area. These descriptions refer to the dominant flora and fauna in each community and the relationship of these biotic components. Classification of plant communities is based on the system used by the NCNHP (Schafale and Weakley, 1990). 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. Vascular plant names follow nomenclature found in Radford et al. (1968) unless more current information is available. Terrestrial and aquatic wildlife were determined through field observations, evaluation of habitat, and review of field guides and other documentation. 1. Terrestrial Communities The predominant terrestrial community found in the project study area is Man-Dominated. Dominant faunal components associated with this area will be discussed in the community description below. Man-Dominated Community - This highly modified community includes the road shoulders and embankments, a residential property, and two agricultural fields. Road shoulders vary in width from approximately 2 to 3 feet (0.6 to 0.9 meters) and include white clover (Trifolium repens), plantain (Plantago sp.), and planted grasses. The west side of the southern approach to the bridge consists of an ascending bank approximately 15 feet (4.6 meters) high which grades into pasture upslope. Embankment vegetation includes blackberry (Rubus argutus), wild rose (Rosa sp.), and sapling sized red maple (Acer rubrum) and black locust (Robinia pseudoacacia). There is a residential property at the southwest comer of the bridge. The east side of the southern approach slopes downward approximately 6 feet (1.8 meters) to a ditch which parallels the road. Vegetation is a mixture of the above mentioned species. Agricultural fields are adjacent to both sides of the creek east of SR 1344 and were plowed but not planted on the day of the site inspection. There is a steep hillside located north of Fines Creek Road at the intersection with SR 1344. The area within the right-of-way consists of species indicative of disturbance and includes wild rose, black locust, and red maple. Further upslope but out of the right-of-way, white oak (Quercus alba), yellow poplar (Liriodendron tulipifera) and additional red maple and black locust are present. Wildlife was actively searched for on the day of the site inspection but only a swallow (Hirundinidae family) was observed. Birds such as the loggerhead shrike (Lanius ludovicianus) and turkey vulture (Cathartes aura) may find this open habitat beneficial for food sources. The eastern garter snake (Thamnophis sirtalis) might be found near Fines Creek searching for earthworms and fish to eat and the black racer (Coluber constrictor) could utilize this community to search for insects and small mammals. 2. Aquatic Communities The aquatic community in the project study area exists within Fines Creek. Within the project study area of Bridge No. 204, Fines Creek flows westward and is approximately 15 to 20 feet (4.5 to 6.0 meters) wide. Fines Creek and SR 1334 cross at this location perpendicular to each other. On the day of the field investigation the creek had a moderate flow and a slight sediment load. The depth of the creek ranged from about 4 to 12 inches (10 to 30 centimeters). An area of riffle habitat lies to the west of the bridge -and a slightly deeper pool lies to the east. Substrate consists of sand and cobbles. A cursory search of the stream area was conducted for evidence of mussel and clam species. No evidence of mussels was found in the stream or on the shore. Additional stream investigation revealed dragonfly larvae under rocks in riffle areas and small snails attached to rocks near the edge of the water. The District 9 Biologist for the North Carolina Wildlife Resources Commission indicated that the following freshwater fish species are found within Fines Creek: brown bullhead (Ameiurus nebulosus), brown trout (Salmo trutta), rainbow trout (Oncorhynchus mykiss) and largemouth bass (Micropterus salmoides). He recommended a construction moratorium from November 1 to April 1 due to the presence of trout. 3. Anticipated Impacts to Biotic Communities Biotic community impacts resulting from project construction are addressed separately as terrestrial impacts and aquatic impacts. However, impacts to terrestrial communities, particularly in locations exhibiting slopes, can result in the aquatic community receiving heavy sediment loads as a consequence of erosion. a. Terrestrial Communities Alternate 1 will result in the least impact to terrestrial communities. Table 1 details the anticipated impacts to terrestrial and aquatic communities by habitat type. 9 TABLE 1 ANTICIPATED IMPACTS TO TERRESTRIAL AND AQUATIC COMMUNITIES Bridge #204 Man-Dominated Aquatic Total Replacement Community Community Impacts acres (ha) acres (ha) acres (ha) Alternate 1 1.83 (0.73) 0.02 (<0.01) 1.85 (0.74) Alternate 2 2.70(l.08) 0.02 (<0.01) 2.72(l.09) Alternate 3 2.15 (0.86) 0.02 (<0.01) 2.17 (0.87) Alternate 4 2.42 (0.98) 0.02 (<0.01) 2.44 (0.99) NOTES: • Impacts are based on 60 feet right-of-way width. • Existing roadways were not considered as part of the total impact where alternates overlapped the existing alignment. • Actual construction impacts may be less than those indicated above, calculations were based on the worse case scenario. b. Aquatic Communities The aquatic community in the study area exists within Fines Creek. The proposed bridge replacement will result in the disturbance of less than 0.02 acres (<0.01 ha) or 60 linear feet of stream bottom (this represents "worst case" conditions; actual disturbance may be less). The new replacement structure construction and approach work could increase sediment loads in the creek 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 use of the NCDOT's Best Management Practices for Protection of Surface Waters and the use of erosion and sediment control measures as specified in the State- approved Erosion and Sediment Control Program. E. Special Topics 1. "Waters of the United States": Jurisdictional Issues 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). "Waters of the United States" are regulated by the United States Army Corps of Engineers (USACE). Investigation into wetland occurrence in the project study area was conducted using methods of the 1987 USACE Wetland Delineation Manual. No wetland areas were found within the project study area. Project construction cannot be accomplished without infringing on jurisdictional surface waters. Anticipated surface water impacts fall under the jurisdiction of the USACE. Up to 60 feet (18.3 10 meters) or less than 0.02 acres (<0.01 ha) of jurisdictional surface waters impacts may occur due to the proposed replacement of Bridge No. 204. 2. Permits In accordance with provisions of Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344), a permit will be required from the USACE for the discharge of dredged or fill material into "Waters of the United States". Since no significant impacts are expected from this project, a Categorical Exclusion (CE) level study was initiated. Categorical Exclusions are subject to the provisions of Nationwide Permit 23. This permit authorizes any activities, work and discharges undertaken, assisted, authorized, regulated, funded or financed, in whole or in part, by another federal agency. It states that the activity 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 environment. The CE report is submitted to the USACE to document that the terms and conditions of the Nationwide Permit 23 are met. However, final permit decisions are left to the discretionary authority of the USACE. Since Haywood County is a North Carolina trout county, concurrence with the nationwide permit will be required from the North Carolina Wildlife Resources Commission. If wetlands or "Waters of the United States" will be impacted by filling from a proposed project, a Section 401 Water Quality Certification may be required from the North Carolina Division of Water Quality. North Carolina has developed General Certifications (GC) that will satisfy Section 401 of the CWA and correspond to the USACE's Nationwide Permits. An application must be made if there are any impacts to "Waters of the United States". A Section 6 Permit will be required for any foundation investigations which are necessary on this project. The investigation may include test borings in soil and/or rock for in-site testing and obtaining samples for laboratory testing. This may require test borings in streams and/or wetlands. 3. Mitigation Mitigation for impacts to surface waters of less than 150 feet (45.9 meters) is generally not required. However, a final determination regarding mitigation requirements rests with the USACE. F. Protected Species Some populations of plants and animals have been in or are in the process of decline either due to natural forces or to their inability to coexist with humans. Rare and protected species listed for Haywood County, and any likely impacts to these species as a result of the proposed project construction, are discussed in the following sections. 11 1. 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 United States Fish and Wildlife Service lists seven federally protected species for Haywood County as of the January 3, 2000 listing (Table 2). Information pertinent to these species and the possibility of impacts due to the proposed project are listed below. TABLE 2 FEDERALLY-PROTECTED SPECIES IN HAYWOOD COUNTY Scientific Name (Common Name) Status Alasmidonta raveneliana (Appalachian elktoe) Endangered Clemmys muhlenbergii (bog turtle) Threatened (S/A) Felis concolor cougar (Eastern cougar) Endangered Glaucomys sabrinus coloratus (Carolina northern flying squirrel) Endangered Gymnoderma lineare (rock gnome lichen) Endangered Haliaeetus leucocephalus (bald eagle) Threatened Isotria medeoloides (small-whorled pogonia) Threatened NOTES: Threatened A species that is likely to become endangered within the foreseeable future hroughout all or a significant portion of its range. Endangered A species that is in danger of extinction throughout all or a significant portion of its range. Threatened (S/A) These species are not biologically endangered or threatened and are not subject to Section 7 consultation. Species: Alasmidonta raveneliana (Appalachian elktoe) The Appalachian elktoe is a small mussel with a maximum length reaching up to three inches (8:0 centimeters). Its shell is thin although the shell is not fragile nor subovate (kidney-shaped). The periostracum (outer shell) of the adult Appalachian elktoe is dark brown in color, while juvenile have a yellowish-brown color. Known populations of the Appalachian elktoe exist in North Carolina in the Nolichucky River (including its tributaries of the. Cane River and the North Toe River), the Tuckaseegee River, the South Toe River, and the Little Tennessee River and its tributaries. The Appalachian elktoe has been reported from relatively shallow, medium-sized creeks and rivers with cool, well- oxygenated, moderate to fast flowing water. The Appalachian elktoe has been observed in gravelly substrates often mixed with cobble and boulders, in cracks of bedrock and in relatively silt-free, coarse, sandy substrates. 12 BIOLOGICAL CONCLUSION: . NO EFFECT A walking survey of the stream bottom and shoreline was conducted on the day of the site investigation for evidence of mussels. No species of mussels were observed anywhere within the project area. Agricultural fields are located adjacent to the project study area as well as upstream from the study site. Siltation was evident in the creek on the day of the site inspection even though a rain event had not occurred recently. The USFWS was consulted regarding the possibility of Appalachian elktoe being found in Fines Creek. Due to the poor condition of the creek, pollution levels in the area over several decades, and the isolation of the creek from other reaches that contain populations of mussels, it is unlikely that this species would be found at the project site. Additionally, the NCNHP has not reported any occurrence of the Appalachian elktoe in the project vicinity. This project will not effect the Appalachian elktoe. Species: Clemmys muhlenbergii (bog turtle) The bog turtle is a small reptile, 3.0 to 4.5 inches (7.5 to 11.5 centimeters), with a conspicuous yellow, orange, or reddish blotch on each side of its head. The carapace is light brown to mahogany in color, weakly keeled, and becomes rougher with age. A light brown or orange sunburst pattern may be present on large scutes. Bog turtles reach sexual maturity in 5 to 7 years. This species eats mostly insects, but will also consume worms, snails, amphibians, and seeds. Mountain habitat in North Carolina consists of sunlit marshy meadows, spring seepages, wet cow pastures, and bogs. Narrow, shallow, slow-moving rivulets are preferred. According to the May 14, 1998 USFWS rare species list, the northern population of the bog turtle, which includes New York south to Maryland, is listed as threatened. The southern population, which includes Virginia south to Georgia, is listed as threatened due to similarity of appearance. This bans the collection and trade of bog turtles from the southern population, but makes no special land management requirements upon private land owners in North Carolina. Since the southern population is not biologically threatened and is not subject to Section 7 consultation, a biological conclusion is not needed. Species: Felis concolor cougar (Eastern cougar) Cougars are tawny colored with the exception of the muzzle, the backs of the ears, and the tip of the tail, which are black. The eastern cougar is large, unspotted and possesses a long tail. In North Carolina, the cougar is thought to occur in only a few scattered areas, possibly including coastal swamps and the southern Appalachian mountain areas of the Great Smokey Mountain National Park and the Nantahala National Forest. The eastern cougar is found in large remote wilderness areas where there is an abundance of their primary food source, white-tailed deer. A cougar will usually occupy a range of 25 miles (40 kilometers), and is most active at night. BIOLOGICAL CONCLUSION: NO EFFECT No habitat exists in the project study area for the eastern cougar. The area is highly man- influenced and does not provide the remote type of habitat that cougars favor. 13 Additionally, the NCNHP has not reported any occurrence of the eastern cougar in the project vicinity. This project will not impact the Eastern cougar. Species: Glaucomys sabrinus coloratus (Carolina northern flying squirrel) The Carolina northern flying squirrel has a large well furred flap of skin along either side of its body. This furred flap of skin is connected at the wrist in the front and at the ankle in the rear forming an aerodynamic surface which is used for gliding from tree to tree. The Carolina flying squirrel is a nocturnal mammal which possesses a long, broad, flattened tail (80 percent of head and body length), prominent eyes and dense, silky fur. It can be distinguished from the southern flying squirrel by its larger size and gray base of its ventral hairs as opposed to a white base for the southern species. Several isolated populations of the northern flying squirrel have been found in the western part of North Carolina, in Haywood County, Yancey County and in the vicinity of Mt. Mitchell. Two other populations have been sited along the-eastern Tennessee mountains bordering North Carolina. This squirrel is found at elevations above 5000 feet (1524 meters) in the vegetation transition zone between the coniferous and northern hardwood forests. Both forest types are used in search of food, while the hardwood forests are needed for nesting sites. BIOLOGICAL CONCLUSION: NO EFFECT No habitat exists in the project study area for the Carolina northern flying squirrel. A search of the NCNHP database revealed no reported occurrences of the northern flying squirrel in the project vicinity. Since the project study area elevation averages approximately 2500 feet (762 meters) it can be concluded that the subject project will not impact this species. Species: Gymnoderma lineare (rock gnome lichen) The rock gnome lichen is a squamose lichen in the reindeer moss family. The lichen can be identified by its fruiting bodies, which are born singly or in clusters, black in color, and are found at the tips of the squamules. The fruiting season of the rock gnome lichen occurs from July through September and flowers are present from April to June. The rock gnome lichen is a narrow endemic, restricted to areas of high humidity. These high humidity environments occur on high elevation [5000 feet (1524 meters)] mountaintops and cliff faces which are frequently bathed in fog, or lower elevation [2500 feet (762 meters)] deep gorges in the Southern Appalachians. The rock gnome lichen primarily occurs on vertical rock faces where seepage water from forest soils above flows only at very wet times. The rock gnome lichen is almost always found growing with the moss Adreaea in these vertical intermittent seeps. The major threat of extinction to the rock gnome lichen relates directly to habitat alteration/loss of high elevation coniferous forests. These coniferous forests usually lie adjacent to the habitat occupied by the rock gnome lichen. 14 BIOLOGICAL CONCLUSION: NO EFFECT No habitat exists in the project study area for the rock gnome lichen. There are no high elevation communities in the project area and no deep gorges with high humidity. The NCNHP database revealed no reported occurrences of the rock gnome lichen in the project vicinity. This project will not affect the rock gnome lichen. Species: Haliaeetus leucocephalus (bald eagle) The bald eagle is a large bird, 32 to 43 inches (81 to 109 centimeters), with a wingspan of more than 6 feet (2 meters). Adults are dark brown with a white head and tail, and immatures are brown and irregularly marked with white until their fourth year. Bald eagles typically nest in the top of the tallest living tree in the area within one half mile with a clear view of a large body of water. Nest size may measure 6 feet (2 meters) across and up to 6 feet (2 meters) in depth. Bald eagles will frequently abandon nesting sites within sight of disturbance or man. The species may be seen around lakes and rivers throughout the inland portions of North Carolina, as well as along the coast. A large portion of the eagle's diet often consists of fish, but it also feeds on small mammals, reptiles and other birds. BIOLOGICAL CONCLUSION: NO EFFECT No bald eagles or their nests were observed in the project study area on the day of the site inspection and a search of the NCNHP records showed no reported occurrences of the species in the vicinity. Surrounding terrestrial communities may be able to provide an adequate supply of small mammals, birds and reptiles for the eagle, but good supplies of fish of adequate size are not likely. Additionally, growth of surrounding urban development and absence of large open bodies of water makes the presence of bald eagles unlikely. This project will not affect the bald eagle. Species: Isotria medeoloides (small-whorled pogonia) The, small-whorled pogonia is a perennial with long, pubescent roots. It has a smooth, hollow stem 4 to 10 inches (9.5 to 25 centimeters) tall, which terminates in a whorl of 5 or 6 light green, elliptical leaves that are somewhat pointed and measure up to 3.2 x 1.6 inches (8 x 4 centimeters). A flower, or occasionally two flowers, is produced at the top of the stem, however, individual plants may not flower every year. Extended dormancy, although not documented, is purported to occur under certain conditions. Twenty-three populations of the small-whorled pogonia are known to occur in the southeastern United States. These populations are known from North Carolina, South Carolina, Georgia, and Tennessee. Five populations occur in North Carolina. Most southeastern-populations number less than 25 plants. Habitat for the small-whorled pogonia usually occurs in open, dry deciduous woods with acid soils, however it has also been found in rich cove hardwoods. 15 BIOLOGICAL CONCLUSION: NO EFFECT There are no wooded areas within the project study area that could provide habitat for this species. A search of the NCNHP revealed no reported occurrences of the small-whorled pogonia in the project vicinity. This project will not affect the small-whorled pogonia. 2. 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. Some of these species are listed as Endangered, Threatened, or Special Concern by the NCNHP database of rare plant and animal species and are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. Table 3 provides the Federal Species of Concern in Haywood County and their state classifications. TABLE 3 NORTH CAROLINA STATUS OF FEDERAL SPECIES OF CONCERN IN HAYWOOD COUNTY Scientific Name (Common Name) North Carolina Habitat Status Present Abies fraseri (Fraser fir) ' Not Listed No Buckleya disticophylla (piratebush) Endangered No Cardamine clematitis (mountain bittercress) Candidate Yes Carex manhartii (Manhart's sedge) . Candidate No Contopus borealis (olive-sided flycatcher) Special Concern No Cryptobranchus alleganiensis (hellbender) Special Concern No Delphinium exaltatum (tall larkspur) Endangered - Special Concern No Dendroica cerulea (cerulean warbler) Significantly Rare No E'uphorbia purpurea (glade spurge) Candidate No Glyceria nubigena (Smoky Mountain manna grass) Threatened No Juglans cinerea (butternut) Not Listed No Lysimachia fraseri (Frasees loosestrife) Endangered No Microtus chrotorrhinus carolinensis (Southern rock vole) Special Concern No Neotoma floridana haematoreia (Southern Appalachian woodrat) Special Concern No Neotoma magister (Alleghany woodrat) Not Listed No Plagiochila sharpii (a liverwort) Candidate No Plagiochila sullivantii var. sullivantii (a liverwort) Candidate No Phyciodes batesii (tawny crescent butterfly) Significantly Rare No 16 TABLE 3 NORTH CAROLINA STATUS OF FEDERAL SPECIES OF CONCERN IN HAYWOOD COUNTY Scientific Name (Common Name) North Carolina Habitat Status Present Rugelia nudicaulis (Rugel's ragwort) Threatened No Saxiaga caroliniana (Carolina saxifrage) Candidate No Silene ovata (mountain catchfly) Candidate No Sorex palustris punctulatus (Southern water shrew) Special Concern No Speyeria diana (Diana fritillary butterfly) Significantly Rare No Sphenolobopsis pearsonii (a liverwort) Candidate No Sylvilagus obscurus (Appalachian cottontail) Significantly Rare No Thryomanes bewickii altus (Appalachn. Bewick's wren) Endangered No Trillium pusillum var. 1 (Alabama least trillium) Endangered No NOTES: Candidate Species which are considered by the State as being rare and needing population monitoring. Threatened Species which are afforded protection by state laws. Endangered Species which are afforded protection by state laws. Not Listed Species whose status is not listed at this time. Special Concern Species which are afforded protection by state laws. Significantly Rare Species for which population monitoring and conservation action is recommended. 3. Summary of Anticipated Impacts No habitat exists in the project area for any federally protected species known to occur in Haywood County. Habitat is present in the project area for one FSC species. No impacts to protected species will result from any of the proposed project alternatives. VI. CULTURAL RESOURCES A. Compliance Guidelines This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at Title 36 CFR Part 800. Section 106 requires Federal agencies to take into account the effect of their undertakings (federally funded, licensed, or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places and afford the Advisory Council a reasonable opportunity to comment on such undertakings. 17 B. Historic Architecture A field survey of the area of potential effect (APE) was conducted on December 18, 1997. All structures within the APE were photographed, and later these photos were reviewed by the State Historic Preservation Office (SHPO). In a memorandum dated October 6, 1998 the SHPO indicated that the Brown-Rathbone House was in the general project area. This house was later determined to be outside the project's APE. None of the properties photographed were considered to be eligible. In a concurrence form dated November 13, 1998 the SHPO concurred that there are no historic architectural resources either listed in or eligible for listing in the National Register of Historic places within the APE. A copy of the memorandum and the concurrence form are included in the Appendix. C. Archaeology The State Historic Preservation Office (SHPO), in a memorandum dated October 6, 1998 stated that "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." No archaeological investigation was conducted for this project. A copy of the SHPO memorandum is included in the Appendix. VIII. ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact. Replacement of an inadequate bridge will result in safer traffic operations. The project is considered to be a Federal "Categorical Exclusion" due to its limited scope and lack of substantial environmental consequences. The bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of the current North Carolina Department of Transportation standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulation. No change in land use is expected to result from the construction of the project. No adverse impact on families or communities is anticipated. Right-of-way acquisition will be limited. No relocatees are expected with implementation of the proposed alternative. No adverse effect on public facilities or services is expected. The project is not expected to adversely affect social, economic, or religious opportunities in the area. The area around Bridge No. 204 is within the boundaries of the Pisgah National Forest, however the US Forest Service has indicated that they own no land near Bridge No. 204. Therefore, the Forest Service has no comments on this project. 1s This project has been coordinated with the United States Natural Resources Conservation Service. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impact to prime farmland of all land acquisition and construction projects. There are no soils classified as prime, unique, or having state or local importance in the vicinity of the project. Therefore, the project will not involve the direct conversion of farmland acreage within these classifications. This project is an air quality "neutral" project, so it is not required to be included in the regional emissions analysis and a project level CO analysis is not required. 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 State Implementation Plan (SIP) for air quality in compliance with 15 NCAC 2D.0520. This evaluation completes the assessment requirements for highway traffic noise of Title 23, Code of Federal Regulation (CFR), Part 772 and for air quality (1990 Clean Air Act Amendments and the National Environmental Policy Act) and no additional reports are required. An examination of records at the North Carolina Department of Environment and Natural Resources, Division of Water Quality, Groundwater Section and the Solid Waste Management Section revealed one potential underground storage tank located south and west of Bridge No. 204. This site will not be affected by any of the project alternatives. No other hazardous waste sites were revealed in the project area. Haywood County is a participant in the National Flood Insurance Program. The project area is not in a Flood Hazard Area. Since the proposed bridge will be a structure similar in length and waterway opening size, it is not anticipated that this project will have an adverse affect on the existing floodplain. There are no practicable alternatives to crossing the floodplain area. Any shift in alignment will result in a crossing of about the same magnitude. All reasonable measures will be taken to minimize any possible harm. The project will not increase the level or extent of flood hazard. On the basis of the above discussion, it is concluded that no substantial adverse environmental impacts will result from implementation of the project. IX. AGENCY COMMENTS All comments from federal and state regulatory and resource agencies and local government are addressed elsewhere in this document. 19 Gt ?_ O 1336 \ 2 HAYNES KNOB 1379 W4 BETSEXS GAP p ELE?. 5.895 G 209 ` ;?... PISGAH` tIATIONA 1380 ? ,t _, _• __ ? ? tt ?? 1 6 co '?!N?•r „ Fines eek r HEBO MTN. FOREST _ r + ; ' C 1340 -d4 1', 134 I 1337 1343 g t1rn 1 0) lr' f'ai? 11342_ a y. ines Creek /t 8 a 1634 -777 lI ?t U 1338 1382 )1341 G? 5 500 r / \ . ?1\ r 11 t 1344 4 ,\ tt 1 Fi \ li 5 1 y ` _ { ` ? IS ??a) it - ?5 ,{?h \? _,y ,.., _i ? I ?` ? .. ,` •..I ? r 1 % I ., ? -, r /? N V --1 B-3 6 6 O CRABTREE .rBALD ..'t WAT RV LE r 1338;1351 i ELEV. 5.680 OAK MTN. I' Hepco LAKE 1353 1396 i a t t ?? r' 1338 ? :_",, ) ''J v / •.. J 1 1386 1346 ±v 11 .. a 1384 209 - 2 1338 1. 1354 1352 / 7//?• Mr SruLr ?l 5e11 (PARK .111, 1 Oe. dn - PI GAA`•. ?0 i ?ld n.m .z.. l tti 17 NAT ; North Carolina Department Of Transportation Project Development & Environmental Analysis HAYWOOD COUNTY BRIDGE NO. 204 ON SR 1334 OVER FINES CREEK B-3660 0 kilometers 1-6 kilometers 3.2 0 miles (.0 miles 2.0 FIGURE 1 ?? si s kr.. ?- :NU a ,?• ' D rn D O -D rn r rn T T m n a ,Pt ? e tom. Y i? ?. : i 37. .Ml ". i aj?g r rti I t HAYWOOD COUNTY BRIDGE NO. 204 ON SR 1334 OVER FINES CREEK B-3660 SIDE VIEW LOOKING WEST NORTH APPROACH LOOKING SOUTH SOUTH APPROACH LOOKING NORTH FIGURE 3 a co - W a q o + M E 0-4 ae ° p,6 ?:) z U N0a O 0 m W tD 0 A Z co ?O boo o w m zoa.w d W W > O O• o; ? N x A o Q •a m • a E _ N •p 0 E •- 3 0 o Z co N c c Z O 0 ... p E' W E • y to p. N p to N ?p E? N p .--. N O =U M C =W CT V CT a0 OH 0d NO ? V .. o ?O CL LO O Q O Q C? N Q C,4 'o M Z_ J V V O co v, o o N L U N + J J O _ m Co m ! E r V V ?' v • • N `C '0 O U- as y m ?- ai z h .? H O > 7 ? OC Q ? ? J W O Q CO O Z O N r r N O O ry ' Q cn NE V it II II O M LO N N N N V Z O V Z D ul m C W (? aTj 02 LU m m? Qa a E• M z w w v ?= . O am° o 93 o CO _ "= m aQ S A O to z Co N U 0 a „ 0 O 02 O O i G?, Cq E- z w > Zoww Q W W ° x? o A a E ? 3 * C4 ,q M W ' "Z J 0 H V W N W OG ao J V ra 0 F- U T J m m m G? O U " v C,4 0 U- 0 F O J J J C ID ID m Q 0 M W O O Z 0 j N ch r r N Q Q II II it U ? _ LL. N 0 CV) LO O O N c0 C N N N = C,4 U 0 Z to 0 F- U Z O U- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 July 12, 1999 IN REPLY REFER TO Planning Services Section Mr. William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Gilmore: This is in response to a letter from your office dated July 18, 1998, addressed to Mr. Steve Lund of our Asheville Regulatory Field Office, and faxed to Mr. Lund on May 13, 1999, requesting comments on six proposed bridge replacements in five western North Carolina counties. These counties and TIP Nos. are Madison - B-2583, Haywood - B-3187 and B-3660, Henderson - B-3191, Jackson - B-3196, and Rutherford - B-3238, (Regulatory Division Action ID Nos. 199930825, 199930826, 199930830, 199930827, 199930828, and 199930829, respectively). Our comments involve impacts to flood plains and jurisdictional resources that include waters, wetlands, and U.S. Army Corps of Engineers projects. Enclosed are our comments on these issues. We appreciate the opportunity to comment on these projects. If we can be of further assistance, please contact us. Sincerely, W. Coleman Long Chief, Technical Services Division Enclosure July 12, 1999 Page 1 of 3 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT, COMMENTS ON: Six Bridge Replacements in Five Western North Carolina Counties 1. FLOOD PLAINS: POC - Bobby L -Willis Planning Services Section, at (910) 251-4728 Henderson County does not participate in the National Flood Insurance Program (NFIP). However, we recommend that the proposed crossing improvement in that county be designed so as not to significantly increase upstream water surface elevations. The remaining four counties are participants in the NFIP. The crossing in Madison County is located within the jurisdictional limits of the town of Marshall, which is also a participant in the NFIP. Of these, the crossing of the West Fork Pigeon River in Haywood County and, possibly, the French Broad River crossing in the town of Marshall involve detailed study streams with 100-year flood elevations determined and floodways defined. The crossings of Fines Creek in Haywood County and West Fork Tuckasegee River in Jackson County are on approximately mapped streams, which do not have 100-year flood elevations shown. We do not have flood maps in our office that cover the French Broad River crossing in Marshall and the Second Broad River crossing in Rutherford County. We refer you to the community and county for possible flood ordinance requirements relative to these crossings. A summary of flood plain information that we have pertaining to the bridges in the NFIP participating counties is contained in the following table. This information was taken from the pertinent Flood Insurance Rate Map (FIRM). Bridge Route Study Date Of No. No. County Stream BFE* FIRM 328 SR 1001 Madison French Broad R. 5/78* 79 SR 1112 Haywood W. Fk. Pigeon R. 2687** 8/98 204 SR 1334 Haywood Fines Creek Approx. 7/84 193 SR 1157 Jackson W. Fk. Tuckasegee Approx. 5189 * Flood map not in our office. Refer to town of Marshall for ordinance requirements. ** Base (100-year) Flood Elevation in feet N.G.V.D. July 12, 1999 Page 2 of 3 1. FLOOD PLAINS: (Continued) For the detail study stream crossings, reference is made to the Federal Emergency Management Agency's (FEMA's) "Procedures for 'No Rise' Certification for Proposed Developments in Regulatory Floodways", copies of which have been furnished previously to your office. Improvements to the bridges should be designed to meet the requirements of the NFIP, administered by the FEMA, and be in compliance with all local ordinances. Specific questions pertaining to community flood plain regulations or developments should be referred to the local building official. Except for Rutherford County, all of the affected counties are within the planning jurisdiction of the USAED, Nashville District. The Nashville District does not currently have projects that would.be affected by the proposed bridge projects. Mr. Harry Blazek may be contacted at (615) 736-5948 for further information and comments from the Nashville District. 2. WATERS AND WETLANDS: POC - Steve Lund. Project Manager. Asheville Field Office. Regulatory Division. at (828) 271-4857 All work restricted to existing high ground will not require prior Federal permit authorization. However, U.S. Department of the Army (DA) 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. Specific permit requirements will depend on design of the projects, extent of fill work within waters of the United States, including wetlands (dimensions, fill amounts, etc.), construction methods, and other factors. Although these projects may qualify as a Categorical Exclusion, in order for the proposal to be considered for authorization under Nationwide Permit No.23, 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. Please be reminded that, prior to utilization of nationwide permits within any of the 25 designated mountain trout counties, the North Carolina Department of Transportation (NCDOT) should provide a letter of notification to the Asheville Regulatory Field Office and the appropriate North Carolina Wildlife Resources Commission office with reference to impacts to mountain trout water habitat. The mountain trout designation carries discretionary authority for the utilization of nationwide permits. July 12, 1999 Page 3 of 3 2. WATERS AND WETLANDS: (Continued) Our experience has shown that replacing bridges with culverts often results in sufficient adverse impacts to consider the work as having more than minimal impacts on the aquatic environment. Accordingly, the following items need to be addressed in the project 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. Offsite detours are always preferable to onsite (temporary) detours in wetlands. If an onsite detour is the recommended action, justification should be provided. c. Project commitments should include the removal of all temporary fills from waters and wetlands and "time-of-the-year" restrictions on in-stream work if recommended by the North Carolina Wildlife Resources Commission. In addition, if undercutting is necessary for temporary detours, the undercut material should be stockpiled to be used to restore the site. d. All restored areas should be planted with endemic vegetation, including trees, if appropriate. e. The report should provide an estimate of the linear feet of new impacts to streams resulting from construction of the project. f. If a bridge is proposed to be replaced with a culvert, NCDOT must demonstrate that the work will not result in more than minimal impacts on the aquatic environment, specifically addressing the passage of aquatic life, including anadromous fish. In addition, the report should address the impacts that the culvert would have on recreational navigation. g. In addition, to be considered for authorization, discharge of demolition material into waters and wetlands and associated impacts must be disclosed and discussed in the project planning report. . At this point in time, construction plans are 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 Division would appreciate the opportunity to review those plans for a project-specific determination of DA permit requirements. If you have questions or need further information, please contact Mr. Lund. R Lr Tennessee Valley Authority, 400 West Summit Hill Onve. Knoxville, Tennessee 37902-1499 October 22, 1998 'S<;?G?", j99 Mr. William D. Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Gilmore: GROUP XV BRIDGE REPLACEMENT PROJECTS, FRENCH BROAD RIVER, WEST FORK PIGEON RIVER, SOUTH MILLS RIVER, WEST FORK TUCKASEGEE RIVER, AND FINES CREEK, HAYWOOD, HENDERSON, JACKSON, AND MADISON COUNTIES, NORTH CAROLINA TVA has reviewed the scoping notice for the following proposed bridge replacements in western North Carolina: • B-2583, SR 1001 over French Broad River, Madison County • B-3187, SR 1112 over West Fork Pigeon River, Haywood County • B-3660, SR 1334 over Fines Creek, Haywood County • B-3191, SR 1338 over South Mills River, Henderson County • B-3196, SR 1157 over West Fork Tuckasegee River (Thorpe Dam Spillway), Jackson County The environmental document prepared for these projects should note that approvals. under Section 26a of the TVA Act would be required for the bridge replacements and structure modifications. TVA would hope to use the Federal Highway Administration Categorical Exclusion documents as support for its environmental review of the same actions. Therefore, the inclusion of information related to wetlands and potential mitigation, Floodplain Management Executive Order, National Historic Preservation Act compliance, and Endangered Species Act compliance would lower TVA's review costs and greatly facilitate TVA's eventual approval of the projects.'. Other issues to be discussed would- vary according to project location and impacts but may include, as appropriate, 5tatCiistCd spccics (biodiverstty impacts) and visual inract5. Please invite TVA to any interagency meetings, if any are found to be necessary. Please send a copy of the completed environmental documents to TVA. Should you have any questions, please contact I larold M. Draper at (423) 632-6889 or hmdraper@tva.gov. Sin rely, i Jon M. 1, e , Man `er l:nvironmcntal Management ?y OCT 0 8 1998 ? HrGNyt;A YS `? North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary October 6, 1998 MEMORANDUM TO: • William D. Gilmore, P.E., Manager Planning and. Environmental Branch Division of Highways Department of Trans ortation FROM: David Brook ????' D4-':Q eputy State 0(isto Ic Preservation O4icer S UBJECT: Bridge Group XV, Bridge 204 on SR 1334 over Fines Creek, Haywood County, B-3660, ER 99-7420 Division of Archives and History Jeffrey J. Crow, Director Thank you for your letter of July 17, 1998, concerning the above project. We apologize for the delay in responding. 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 the project: Brown-Rathbone House, east side of SR 1334, 0.5 mile north of junction with SR 1338. We look forward to meeting with an architectural historian from the North Carolina Department of Transportation to review the aerial and photographs of the project area so we can make our survey recommendation. 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 • Rakich, North Carolina 27601-2807 U_33 L?Ccd 5 ?P- I? {Ltd i I2 = r 7?fr?LC „u- l? CO`,Ci;RItE`CE FOR NI I FOR PROPERTIES 'NOT ELIGIBLE FOR THE NATIONAL RZ0.15 .R OF HISTORIC PLAC.ES Brcr Project Dcsc:intion IQG2 1? 1 ?? O?'1 S? 13 r ,?-- i rj5 f Y P_P !L ;? C-F(b uVW On NoY.G rcoresc,-,mtivcs or the v?vor:h Carolina Dcoar-unlc:lt oc Tmanspartaticn (NL CDO 1) Federal Hiah,,vav Administ,:.tion (FH,,vA) ?ivorth Carolina Scatc Historic Preservation Ofcc (SHPO) OChcr rcvic,.vcd the subjcc: proicct ac _,A scopine mcc::ng Historc arcaitcc:urai resources pllocc'_3,rapit rcvtc'v scsslonicoltsultaCioc Ot::cr .=,il oar:ics ;,resc:.t a arc nC ?-rC!,,=;CS oVC7 W=ars old wicilitl file projec_ S arc_ o pocc=Z., ? i;1C'C arc no ^urcoc-,ics Icss thart VCGrs old which arc caRSidcrcd CO Cr:CC: Gil CcnsldC -Clop C with m dlc oroiCC: S area or oomnual c.icc:=. ? t?.Crc arc orcccr'ics Ovcr rI?i: 'Cars oid (115. aaacClcd) Widlin the prblCCt S arc.:. Of 0OEC.^.tla: c.:;.CZS, ?tlt baSC? Cn ..C i1IS000:C: 1 1nL0[1::...:Cn a?'atICOIC aP.d t11C phaCO?raDRS Oi ..aCa 7CCDC.:?, pCCC :?:C_ idc CIr.c as C) rcpe-r arc considcrcd rot cii2ibi: ccr vabonai Rcl'SS- Ld ..C ;1?. C•.CluaCCn OL :; ?.^.. IS .^.CCCSSa:Z'. ? LiC:.. arc :lo National Rc_'szc- IlstcC ,,rcoc,lcs tctCtan Chc ppro1cc: S arc_ CC .,'.,OCc..t:al .. CC::. R ?prsc::cativc. ?+C?OT F; i%vA, = Cmc Division . dnlinistrtcr, or other Fcdc=1 Agc^c•: DaEC ? I l? t Rcorescricativc, SHP ate tatc'izistoric ?resc.- acion Otilc::• s:.r:c. rC::cir :i ::us :ist , MAY ? 1?9g ® North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch, NCDOT FROM: Mark S. Davis, Mountain Region Coordinator Habitat Conservation Program DATE: May 24, 1999 SUBJECT: Continents on Group XV Bridge Replacement Projects in Haywood, Henderson, Jackson and Madison Counties. This memorandum responds to your request for our concerns regarding impacts on fish and wildlife resources resulting from the subject projects. The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the proposed projects, and our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The proposed work involves 5 bridge replacement projects in western North Carolina (listed below). Construction impacts on wildlife and fisheries resources will depend on the extent of disturbance in the streambed and surrounding floodplain areas. We prefer bridge designs that do not alter the natural stream morphology or impede fish passage. Bridge designs should also include provisions for the deck drainage to flow through a vegetated upiand buffer prior to reaching the subject surface waters. We are also. concerned about impacts to designated Public Mountain Trout Waters (PMTW) and environmental documentation for these projects should include description of any streams or wetlands on the project site and surveys for any threatened or endangered species that. may be affected by construction. B-2583 - Madison County, Bridge No. 328 on SR 1001 over French Broad River ' x We have not identified any special concerns associated with this project. B-3187 - Haywood County, Bridge No. 79 on SR 1112 over West Fork Pigeon River The West Fork Pigeon River is designated Hatchery Supported PMTW. The river also supports a wild trout population in the project area. We would prefer that the existing bridge be replaced with another spanning structure. In reference to the Bridge Demolition Form; the moratorium required by NCWRC should read instream work should not be conducted between November 1 and April 15. Group XV Bridges Page 2 May 24, 1999 B-3191 - Henderson County, Bridge No. 6 on SR 1338 over South Mills River The South Mills River is not designated PMTW at the project site; however, the stream supports a wild trout population. We would prefer that the existing bridge be replaced with another spanning structure. In reference to the Bridge Demolition Form, the moratorium required by NCWRC should read instream work should not be conducted between November 1 and April 15. B-3196 - Jackson County, Bridge No. 193 on SR 1157 over Thorpe Dam Spillway We have not identified any special concerns associated with this project. B-3660 - Haywood County, B::dge No.-. 204 on SR 1334 over Fines Creek Fines Creek is not designated PMTW at the project site; however, the stream supports a wild trout population. We would prefer that the existing bridge be replaced with another spanning structure. In reference to the Bridge Demolition Form, the moratorium required by NCWRC should read instream work should not be conducted between November 1 and April 15. Because all of the above counties are recognized as "trout water counties" by the Corps of Engineers (COE), the NCWRC will review any nationwide or general 404 permits for the proposed projects. The following conditions are likely to be placed on the subject 404 permits: 1. Adequate sedimentation and erosion control measures must be implemented and maintained on the project site to avoid impacts to downstream aquatic resources. Structures should be inspected and maintained regularly, especially following rainfall events. 2. 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. 3. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags, rock berms, cofferdams, or other diversion structures should be used where possible to prevent excavation in flowing water. 4. If concrete is used during construction, a dry work area must be maintained to prevent direct contact between curing concrete and stream water. Uncured concrete affects water quality and is highly toxic to fish and other aquatic organisms. 5. Grading and backfilling should be minimized, and tree and shrub growth should be retained if possible to ensure long term availability of shoreline cover for gamefish and wildlife. 6. In trout waters, instream construction is prohibited during the trout spawning period of November 1 to April 15 to avoid impacts on trout reproduction. 7. 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. 8. If multi-celled reinforced concrete box culverts are utilized, they 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. Group XV Bridges Page 3 May 24, 1999 9. Notched baffles should be placed in reinforced concrete box culverts at 15 foot intervals to allow for the collection of sediments in the culvert, reduce flow velocities, and to provide resting places for fish moving through the structure. 10. Only clean, sediment-free rock should be used as temporary fill (causeways), and should be removed without excessive disturbance of the natural river bottom when construction is completed. 11. During subsurface investigations, equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. 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 (828) 452-2546. cc: Mr. Steven Lund, NCDOT Coordinator, COE, Asheville Ms. Stacy Baldwin, P.E., PD & EA Branch, NCDOT, Raleigh Mr. Kevin Austin, P.E., Barbara H. Mulkey Engineering, Inc., Raleigh qr HAYWOOD COUNTY SCHOOLS TRANSPORTATION DEPARTMENT 401 FARMVIEW DRIVE WAYNESVILLE, NC 28786 August 18, 1998 Barbara H. Mulkey Engineering, Inc. Department of Transportation PO BOX 25201 Raleigh, NC 27611-5201 Ms. Mulkey: r' 1?U? 2 i tR?$ This letter is in follow-up to your request for information concerning the number of bus ' crossing the bridges that attached. Bridge #79 has 6 buses crossing it twice a day and Bridge # 3??? has 4 buses crossing it twice a day. *2.04 Z I hope this information wM assist you in your planning process. If you have any other questions, please contact me at 828-456-2421. Sincerely, Rodne Bullock Transportation Director Haywood County Schools 15 i„Tor;?a 4' n 10 WAS ?IA A 18h ?nU?f?SA4' ? P n,3 ( 1(( uj )?l1 p Q Mr. A0 Y! 0,/ ea ! 110tk arl , ?lj)3%?e,