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HomeMy WebLinkAbout20011578 Ver 1_Complete File_20011029~~~~ ~~ f yr ~ ~~ 6' ~ .'!r ~j~. •. 1. '~,..,,,.+' ~9,~~ ~'~~' h STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR October 30, 2006 Mr. David Baker, NCDOT Regulatory Project Manager U. S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: NW 23 Permit Application -B-4349 Bridge Number 36 on SR 1388 over Dicks Creek Jackson County State Project: B-4349 (DWQ Notification Only) Dear Mr. Baker: LYNDO TIPPETT SECRETARY (711578 u. ~ The North Carolina Department of Transportation (NCDOT) is proposing to replace Bridge Number 36 on SR 1388 over Dicks Creek (C, Tr) in Jackson County.. A permit was issued previously for this project on January 15, 2002, Action Id. 200230107; however, that permit has expired. NCDOT proposes to replace this structure at the existing location. Traffic will be detoured by employing a staged construction process allowing traffic on half of the bridge during construction. The new bridge is designed to minimize impacts by implementing longer spans and increasing hydraulic capacity. The removal of the existing structure shall be performed by sawing and/or non-shattering methods such that debris will not fall into the water. All work will be performed in a dry environment. Sandbag cofferdams will be used if necessary to ensure a clean, dry work area, and to minimize impacts to aquatic habitats. I am attaching the Categorical Exclusion document and a marked county map. The USGS map location is in the CE document. The North Carolina Natural Heritage Database was checked for records of threatened and endangered species. There are no records of threatened and endangered species for the entire Dicks Creek watershed. However, the Tuckasegee River is occupied critical habitat for the Appalachian elktoe (Alasmidonta raveneliana) and is approximately one mile from the project. The U. S. Fish and Wildlife Service consulted on this project and requested a mussel survey of the B-4349 on SR 1388 Page 2 October 17, 2 stream reach between the confluence of Dicks Creek with the Tuckasegee River to 100 meter: above bridge 36. A mussel survey was completed on July 16, 2003. No native mussels were found during this survey. This bridge will be replaced with another spanning structure that wil minimize long term impacts and will result in only very minimal impact during construction. T U.S. Fish and Wildlife Service concurred with a conclusion of "not likely to adversely affect' for the Appalachian elktoe provided measures on the attached Project Green Sheets are adhere to. The Office of State Archaeology determined that this project is unlikely to affect significant archaeological resources since it is being constructed on existing location. The State Historic Preservation Office has reviewed this project and found one property, Dicks Creek Baptist Church, eligible for listing on the National Register. It was determined that this National Register-eligible property would not be affected. Impacts,to Waters of the United States Dicks Creek' is at least a 4~` order stream at the project site with awell-defined channel and is shown on the USGS topographic maps as a blue line stream. The stream supports fish, includ trout, and other aquatic organisms. The stream channel is composed of boulder, cobble and gravel and lacks vegetation. For these reasons, we believe that Dicks Creek is under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct the project, it will be necessary to impact waters of the T:Jnited States in the Little Tennessee River Basin. Specific NCDOT is requesting to replace Jackson County Bridge No. 36 with a cored slab structure. Listed below is a summary of the proposed impacts. Site No. Station Existing Condition Proposed Condition Net Impact: Site 1 Western Existing End Structure Removal and Replace 0' Bent and Associated Rip with Class II Rip Rap (50 LF) Rap Fills (50 LF) Site 2 Eastern Existing End Structure Removal and Replace 0' Bent and Associated Rip with Class II Rip Rap (50 LF) Rap Fills (50 LF) Total net impact from new structure = 0 Sq. Since the existing bank stabilization and end bent removal of SO linear feet is equal to the placement of 50 linear feet of rip rap associated with the new bridge, there will be no net imp Therefore, there will be no mitigation required for this project. The best management practices will be used to minimize and control sedimentation and erosi this project. The construction foreman will review all erosion control measures daily to ensu sedimentation and erosion is being effectively controlled. If the planned devices are not B-4349 on SR 1388 Page 3 October 17, 2006 functioning as intended, they will be immediately replaced with better devices. All commitments on the Project Green Sheets will be adhered to. Permits Requested 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 Ms. Marla Chambers, Highway Projects Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Additionally, I am asking Ms. Chambers and Mr. Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact me at (828) 497-7953. Your early review and consideration will be greatly appreciated. Sincerely, C.D. Lee, EI Division 14 Bridge Maintenance Engineer cc: VMr. John Hennessy, DWQ, DENR Raleigh (1 Courtesy Copy) Mr. Mike Parker, DWQ, Asheville Regional Office (1 Courtesy Copy) nom. Marla Chambers, Highway Projects Coordinator, NCWRC Mr. Joel Setzer, P.E., Division Engineer, NCDOT, Sylva Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT i ~, 6 I - , PROJECT COMlO7ITMENTS 5R 1388 Bridge No. 36 over Dicks Creek Jackson' County Federal-aid Project No. PFH-1388(2) State Project No. 8.2961501 (WBS PE 33679.1.1) T.LP. No: B-4349- In addition to the standard Nationwide Permit No. 23 Conditions, the General Nationwide .Permit Conditions, Section 404, Only Conditions; Regional Conditions, State Consistency Conditions; NCDOT's Guidelines for Best Management Practices for the Protection. of Surface tiVaters; Design .Standards for Sensitive Watersheds, Erosion'. and Sediment Control Guidelines for Contract .Construction, ,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: Division 14 , - Best Management Practices for Protection of Surface Waters will be strictly adhered to. . Sediment and erosion. control .measures should adhere to design standards for sensitive watersheds. , The NCWRC has identified prohibitions against in-stream activities for-the project. area due to the presence of several aquatic species currently, protected under state. and federal 'laws as well as for protection- of rainbow trout (Oncorhynchus mykiss). In-stream activities and land disturbance within the 25-foot (7.6-meter) trout buffer are prohibited from January 1; through April 15 in order to prevent sedimentation from impacting fish eggs and fry downstream of the project site:: ~ . ,. Erosion and Sediment Control: The conditions described below are reiterated on the erosion and sedimentation control plans, but are stated here for~eniphasis. Sandbags filled with washed; small. stone will be `placed in the strearr~ around the :entire construction area to filter any sediment that~may enter the stream due to land disturbance during construction. The sandbag. fabric'willbe specified to ensure that the tightest ':available weave is used. Stones are preferred:over sand to prevent the-accidental or • ~ incidental introduction of sand into the stream:` The stone willbe specified. to ensure that it is washed at the quarry and is the appropriate size for filtration., The sandbags will be ,installed at the beginning of construction and left in place until construction is complete: They will riot, form a weir or other obstruction that would significantly impede , downstream flow. Once the existing bridge decks are removed, silt fencing will, be installed on top of the existing concrete vertical abutments and wing walls to prevent material excavated .from Green Sheet Green Sheet f CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. B-4349 State Project No. 8.2961501 (WBS PE 33679.1.1) Federal Project No. PFH-1388(2) A. Project Description: This project replaces Bridge No. 36 on SR 1388 over Dicks Creek in Jackson County. The existing 26-foot, single-span bridge will be replaced with a single-span bridge 50 feet in length and approximately 30 feet wide. The new bridge will be stage constructed in order to maintain traffic on-site during construction. B. Purpose and Need: North Carolina Department of Transportation (NCDOT) Bridge Maintenance Unit records indicate that Bridge No. 36 has a sufficiency rating of 10.3 and is structurally deficient. The clear roadway width is 19.2 feet. The bridge superstructure is comprised of a timber deck supported by steel I-beams. The substructure consists of timber end bents. The timber sills are partially encased. The timber posts of the end bents display evidence of decay and moderate levels of rust appears on the I-beams. The edge of the stream flows into and along abutment No. 1. Replacement of the bridge is necessary due to its deteriorating condition. C. Proposed Improvements: The following Type II improvements which apply to the project are circled: Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening .roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators £ Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realigrunent h. Making minor roadway realignment i. Channelizing traffic j . Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit 3O. Bridge rehabilitation, reconstruction or replacement or the construction of grade separation to replace existing at-grade railroad crossings. O Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements O Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest area. 6. Approvals for disposal of excess right-of--way or for joint or limited use of right-of--way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such 2 construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. D 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and .related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic: 11. Construction of rail storage an maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. Special Project Information: Estimated Costs: Total Construction $ 210,000 Right-of--Way $ 0 Total $ 210,000 Estimated Traffic: Current 2003 Year 2030 TTST Dual - 300 vehicles per day - 700 vehicles per day - 2% - 1% Accidents: According to crash records for the three-year period from 12/01/1999 to 11/30/2002, no crashes were reported in the vicinity of the bridge. 3 Design Speed: 50 miles per hour Functional Classification: Rural Local Route School Buses: Two school buses cross Bridge No. 36 on SR 1388 each day. Division Office Comments: Road closure is not possible on this project, as no detour route is available. The new bridge should be stage constructed to maintain traffic on-site during construction. One lane of traffic is acceptable during the construction period. Bridge Demolition: In order to protect the water quality and aquatic life in the area affected by this project, the NCDOT and all potential contractors should follow appropriate guidelines for bridge demolition and removal. These guidelines are presented in three NCDOT documents entitled Pre-Construction Guidelines for Bridge Demolition and Removal, Policy: Bridge Demolition and Removal in Waters of the United States, and Best Management Practices for Bridge Demolition and Removal (BMPs-BDR) (all documents dated 9/20/99). Guidelines followed for bridge demolition and removal are in addition to those implemented for Best Management Practices for the Protection of Surface Waters ($MPs-PSW). The proposed project is a Case 2 category as defined in the NCDOT's BMPs - BDR. The Case 2 category allows no work at all in the water during moratorium periods associated with fish migration, spawning, and larval recruitment into nursery areas. The NCWRC has identified prohibitions against in--stream,. activities for the project area due to the presence of several aquatic species currently protected under state and federal laws as well as for protection of rainbow trout (Oncorhynchus rnykiss). In-stream activities and land disturbance within the 25-foot (7.6-meter) trout buffer are prohibited from January 1 through April 15 in order to prevent sedimentation from impacting fish eggs and fry downstream of the project site. Offsite Detour: Because SR 1388 is a dead-end road an on-site detour is required. The bridge will be stage-constructed so that traffic can be maintained throughout the construction period. E. Threshold Criteria: The following evaluation of threshold criteria must be completed for Type II actions. ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique or important natural resource? X 4 (2) Does the project involve habitat where federally listed endangered or threatened species may occur? (3) Will the project affect anadromous fish? ^ X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than n one-third ('1/3) of an acre and have all practicable X ~J measures to avoid and minimize wetland takings been evaluated? (S) Will the project require the use of U.S. Forest Service D lands? X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any X "Area of Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier Resources Act resources? X (12) Will a U.S. Coast Guard permit be required? ^ X (13) Will the project result in the modification of any existing regulatory floodway? X 5 (14) Will the project require any stream relocations or channel ^ changes? X SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? X (16) Will the project require the relocation of any family or business? ~ X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population? X (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? D X (19) Will the project involve any changes in access control? a X (20) Will the project substantially alter the usefulness and/or land use of adjacent property? X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? ~ X (22) Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of X 1990)? (23) Is the project anticipated to cause an increase in traffic volumes? X (24) Will traffic be maintained during construction using ^ existing roads, staged construction or on-site detours? X (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the ^ existing facility) and will all construction proposed in X association with the bridge replacement project be contained on the existing facility? 6 (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? (27) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the project? (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? (29) Will the project affect any archaeological remains, which are important to history or pre-history? r~ x -~ ^x (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites, or historic bridges, as defined in X Section 4(f) of the U.S. Department of Transportation Act of 1966)? (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as X defined by Section 6(f) of the Land and Water Conservation Act of 1965, as amended? (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the Natural System of Wild and X Scenic Rivers? F. Additional Documentation Required for Unfavorable Responses in Part E (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached, as necessary.) (2) Habitat is present in the project area for the Appalachian elkioe (Alasmidonta raveneliana), which is listed as Endangered by the U.S. Fish and Wildlife Service. Surveys were conducted by qualified mussel specialists and no specimens of this species were located. According to the mussel survey report, the proposed bridge replacement drains to habitat outside the project area occupied by this species. Efforts will be taken to avoid any downstream impacts that could result from project construction. Additional information is provided in Appendix B. (2) Habitat for the small-whorled pogonia (Isotria medeoloides) is available in large portions of the general project vicinity. At the project site, suitable habitat potentially exists in the cove forest adjacent to Dicks Creek. However, 7 frequent disturbance due to yard waste dumping on the south side of the road, and heavy foot traffic near the pedestrian access on the north side of the road would inhibit the growth of small-whorled pogonia. Appropriate habitat for small-whorled pogonia does not exist in the right-of-way areas adjacent to Dicks Creek Road. A search for small-whorled pogonia was conducted during site visits on April 2, 2003 and July 29, 2003. Even though this was not the expected bloom period of mid-May to mid-June, no plants with the vegetative characteristics of small-whorled pogonia were observed in the search corridor. Agency letters in response to the project scoping letters are provided in Appendix A. Additional supporting documentation is provided for informational purposes in Appendix B. An addendum to the Historic Architectural Resources Survey Report is included in Appendix B. The addendum is for Dick's Creek .Baptist Church, which is located in the project vicinity. The church is eligible for listing in the National Register of Historic Places. The addendum notes that the church property is approximately one acre in size. Additional research of the property deed revealed that it is 0.52 acre. A revised figure showing the correct boundary is included in Appendix B. A concurrence form stating that the project will not affect the property is provided in Appendix A. 8 CE Approval TIP Project No. B-4349 State Project No. 8.2961501 Federal-aid Project No. PFH-13882) Project Description: This project replaces Bridge No. 36 on SR 1388 over Dicks Creek in Jackson County. The existing bridge will be replaced with asingle-span bridge 50 feet in length and approximately 30 feet wide. The new bridge will be stage constructed in order to maintain traffic on-site during construction. Categorical Exclusion Action Classification: Approved: 12.'11.(b5 Date TYPE II (A) TYPE II (B) ra/131bs Date P ject Manager, NCDOT Bridge Maintenance Unit For Type II (B) projects only: Date Division Administrator Federal Highway Administration 9 DEC-06-2005 15 40 NCDOT OHE-ONE 919 715 15D1 P.02i03 F'ederul Aid ~ PFII-1388(Z) TIP # B-4349 County: Jaclsan C:UNCURRENCE FUKM ~'OR ASSESSMENT OF ;/FFECTS Project Uescriplion: Replace Bridle No. 36 on 5R 1388 vver Dick's Creek On Dcc;ember G, 2005, r~~prvscntatives of the [~ North Carolina Depart.m~nt of Transportation (NC170T) [~ Federal IIighway Administration (FHWA) North Carolina St<~tc Historic Preservation C)ffice: (HPQ) ^ Qther Kcviewed the subject project atta agreed ^ "fhcrc are no effects on the National Register-listed property/properties located within the :project's area of potential eff~cl an<t listed nn the reverse. There are no effects on the National ReI;*istcr-eligible property/properties located vVithin the project's area of potential effect and listed vn, the reverse. ^ There is an effect nn the National K.e~ster-listed property/properties located within the project's area of potential effc;ct. The property/properties and the effect(s) are listed on the: revcrsC. ^ There is an effc;c;t art the Nation~ll Register-eligible property/properties located within the project's areit of pvtcnl.ial effect. The property/properties and effect(s) are listed on the reverse. Sil,~r-cd: 1~ 12 (~ 20 .~u..rnoar~f oti N~' ~~7~ DBtC ~ Z -(0-~5 FIIWA, for thy. Dt ision Administrator, or vthor Focleral Agency Date 1 ~ ~ c~~ Representative, Hl'4 Date State F•Iistoric Preservatiotl Officer Date DEC-06-2005 15 41 NCDOT OHE-ONE ~eder~il did # FFII-138$(2) 919 715 1501 P.03i03 TIP # 5-4349 County: 3ackson Properties within the area of potc:r-tial effect for which there is na effect. Indicate if property 'ts Naticr~I Register-listed (NR) or dcterrnined eligible {llE). ~ ~ c-I~. ~ Cx.~~~- ~ ~is~- C.c,~ C ~ Yrnpez-tics within the are<~ of potential cCI'c:ct far which these is an cff:ECt. Indicate property status (NR or Ill ) and describe the effect. Reason(s) why the effect is not ac{vcrsc (i F applicable). Initialed: NC17OT~ PIIWA ~1~4 HPO~~~ TOTAL P.03 ~,~a.:~.• CEP i 6 ~on5 STATE OF NORTH CAROLINA~~ ~~~~~~~ Oi TRAN~~`ORT~~TT.GN DEPARTN~r OF TRANSPORTATI~'f~al P ridge h~ as nt. MICHAEL F. EASLEY LYNDO TIPPETT GvVERNUR SECRETARY September 13, 2005 Mr. Peter B. Sandbeck Deputy State Historic Preservation Officer North Carolina Department of Cultural Resources 4617 Mail Service Center Raleigh, North Carolina 27699-4617 Dear Mr. Sandbeck: RE: B-4349, Replace Bridge No. 36 on SR 1388 over Dick's Creek, Jackson County, State Project # 8.2961501, FA # PFH-1388(2) Thank you for your letter of May 3, 2005 providing comments on the survey report for this project. In that letter you did not concur with our finding of ineligibility for Dick's Creek Baptist Church. Instead, you stated that the church, despite the alterations, is significant under Criterion A for its association with the development of a small rural community. We concur with the eligibility finding and include with this letter the historic boundary description, boundary justification, and map for the church. Please review the attached documentation and provide your comments. If you have any questions concerning the accompanying information, please contact me at 715-1620. Sincerely, Mary Pope urr Historic Architecture Section Attachment Cc (w/ attachment): Mike Summers, Bridge Maintenance, NCDOT John Sullivan III, P.E., Adminstrator, FHWA MAILING ADDRESS: TELEPHONE: 919-715-1500 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-715-1522 PARKER LINCOLN BUILDING OFFICE OF HUMAN EI`IVIRONMENT 2726 CAPRAL BOULEVARD, SUITE 166 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 September 13, 2004 Mr. Mike Summers, Project Manager , Bridge Maintenance Unit North Carolina Department of Transportation 1565 Mail Service Center Raleigh, North Carolina 27699-1565 Dear Mr. Summers: Subject: Endangered Species Concurrence for Bridge Replacements (B-4348, Bridge No. 156 on SR 1388, and B-4349, Bridge No. 36 on SR 1388) over Dicks Creek, Jackson County, North Carolina As requested by Mullcey, Inc., for the North Carolina Department of Transportation, we have reviewed the project enviromnental commmitments, natural resources information, and biological conclusions for federally protected species for the subject projects. The following comments are provided in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information provided, the federally endangered Appalachian ellctoe (Alasrrtidonta raveneliana) occurs approximately 1 mile downstream of.the project sites in the Tuckasegee River. Due to the close proximity to occupied habitat, a mussel survey was conducted in Dicks Creels from its confluence with the Tuckasegee River to 100 meters upstream of the project area. No native freshwater mussels were located during this survey. Although no mussels were found during survey, we were concerned about potential direct and indirect effects from the demolition of the existing structures and the design and construction of the replacement structures. We have reviewed plans for erosion control and demolition of the existing structures. Provided the "green sheet" commitments are implemented and strictly adhered to, we concur-with your conclusion of "not likely to adversely affect" for the Appalachian ellctoe for the subject projects. - V~e-beiieve the requirements under-sections{c) of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that maybe affected by the identified action. If you have questions about these comments, please contact Ms. Marella Buncick of our staff at 828/258-3939, Ext. 237. In any future correspondence concerning these pzojects, please reference our Log Numbers 4-2-03-346 (B-4348) and 4-2-03-347 (B-4349). Sincerely, ,~ - P ~~ Brian P. Cole Field Supervisor United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa St~•eet Asheville, North Carolina 28801 September 18, 2003 Gregory J. Thorpe, Ph.D., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Centel Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: Subject: Endangered Species Concurarence for Two Bridge Replacements--B-4348, Bridge No. 156 on SR 1388, and B-4349, Bridge No. 36 on SR 1388--over Dicks Creek, Jackson County, North Carolina As requested by Mulkey, Inc. (for the North Carolina Department of Transportation), we have reviewed the natural resources information and biological conclusions for federally protected species for the subject projects. The following comments are provided in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information provided, the federally endangered Appalachian elktoe . (Alasmidonta raveneliana) occurs approximately 1 miledownstream of the project sites in Dicks Creek, a tributary to the Tuckasegee River. Due to the close proximity of the sites to occupied habitat, a mussel survey was conducted in Dicks Creek from its confluence with the Tuckasegee River to 100 meters upstream of the project area. No native freshwater mussels were located during this survey. Although no mussels were found during the survey, there is still the potential for direct and indirect effects from the demolition of the existing structures and the design and construction of the replacement structures. As such, we cannot concur with a "not likely to adversely affect" determination at this time. When information regarding the actions associated with these two • projects becomes available, we will provide further comments. If you have questions about these comments, please contact Ms. Marella Buncick of our staff at 828/258-3939, Ext. 237. In any future,correspondence concerning these projects, please reference our Log Numbers 4-2-03-346 (B-4348) and 4-2-03-347 (B-4349). Sincerely, J Brian P. Cole Field Supervisor cc: Mr. Steve Lund, U.S. Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 Ms. Marla J. Chambers, Highway Projects Coordinator, North Carolina Wildlife Resources Commission, 12275 Swift Road, Oakboro, NC 28129 Ms. Cynthia Van Der Wiele, North Carolina Department of Environment and Natural Resources, Division of Water Quality, Wetlands Section, 1621 Mail Service Center, Raleigh, NC 27699-1621 Mr. Mike Summers; Project Manager, Bridge, Maintenance Unit, North,,Carolina Department of Transportation;' 1565 ~Mai1 Service Center, Raleigh, NC 27698-1565 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 July 25; 2003 Mr. Mike Summers Project Manager Bridge Maintenance Unit North Carolina Department of Transportation 1565 Mail Service Center Raleigh, North Carolina 27699-1565 Dear Mr. Summers: Subject: Proposed Bridge Replacement Projects in Cherokee, Jackson, Transylvania, and Haywood Counties, North Carolina As requested in your letter of May 1, 2003, we have reviewed the subject projects and provide the following comments in accordance with the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). The maps included with your letter frequently did not contain adequate landmarks to be able to easily find the project locations., Future maps or project descriptions should portxay or reference notable landmarks to enable the projects to be easily located: Additionally, there was reference to demolition information in your cover letter, but it was not enclosed with our package. The information we received for these eight projects does not include descriptions of the structures that will replace the existing bridges nor does it include any environmental information regarding the streams or whether habitat assessments or surveys for rare. species have been ' conducted for any of these projects. Therefore, our comments are limited primarily to the known locations of listed species and federal species of concern. When the categorical exclusions are prepared and more information is available regazding environmental effects, we can offer more substantive comments. Enclosed is a species list for the four counties included in this package. This list provides the names of species on the Federal List of Endangered and Threatened Wildlife and Plants as well as federal species of concern. Federal species of concern are not legally protected under the Act and are not subject to any of its provisions, including section 7, unless they are formally proposed or listed as endangered or threatened. We are including these species in our response to give you advance notification and to request your assistance in protecting them if any are found in the vicinity~of your projects. Our records indicate the following: Cherokee County: In general, while there are no known locations of the Indiana bat in the vicinity of these projects, if trees will be cleared for these projects, habitat should be assessed for this species; if suitable habitat is present, further surveys maybe required. Project B-3430 (Log No. 4-2-03-343) =Our records indicate known occurrences of the sicklefin redhorse (Moxostoma sp.l) in Hanging Dog Creek. Although the sicklefin redhorse currently is a federal species of concern, its status is under ' review. This species maybe elevated to candidate status for federal listing. We recommend surveying the project area for this species prior to any further planning or on-the-ground activities. We also strongly recommend that this bridge be replaced with another spanning structure. Proiect B-3431 (Log No. 4-2-03-344) -Our records indicate no known locations of listed species in the project area. However, we recommend conducting habitat assessments and surveying any suitable habitat in the project area for these species prior to any further planning or on-the-ground activities to ensure that no adverse impacts occur. Jackson County: Proiect B-4347 (Log No. 4-2-03-345) -Our records indicate that there are known locations of the gc•een salamander (Aneides aeneus), a federal species of concern., near the proposed project. ' We recommend conducting habitat assessments and surveying any suitable habitat in the project area for this species prior to any further planning or on-the-ground activities to ensure that no adverse impacts occur. Project B-4348 (Log No. 4-2-03-346) and Proiect B-4349 (Log No. 4-2-03-347) - Dick's Creek is a tributary to the Little Tennessee River, and it flows into occupied habitat and designated critical habitat for the endangered Appalachian elktoe (Alasmidonta raveniliana). Given the proximity of these projects to the Little Tennessee River, we recommend surveying for listed mussels in Dick's Creek prior to any on-the-ground activities. If mussels are located, additional consultation will be required. Transylvania and Haywood Counties: Proiect B-4690 (Log No. 4-2-03-348), Project B-4691 (Log No. 4-2-03-349), and Project B-4692 (Log No. 4-2-03-350} -Our records indicate no known locations of listed species in the project areas. However, we recommend conducting habitat assessments and surveying any suitable habitat in the project areas for these species prior to any further planning or on-the-ground activities to ensure that no adverse impacts occur. We are interested in the types of structures that will replace these existing bridges and would recommend spanning structures, preferably bridges, in all cases. In addition, off-site detours are preferable to temporary on-site crossings in order to reduce stream-bank disturbance. We look forward to reviewing the completed categorical exclusion documents. If you have questions about these comments, please contact Ivls. Marella Bunciclc of our staff at 828/258-3939, Ext. 237. In any future correspondence concerning these projects, please reference the log numbers assigned with our comments about each of them. Sincerely, Brian P. Cole State Supervisor Enclosure cc: Mr. Steve Lund, U.S..~xmy Corps of Engineers, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 Ms. Marla J. Chambers, Highway Projects Coordinator, North Carolina Wildlife Resources Commission, 12275 Swift Road, Oakboro, NC 28129. . Ms. Cynthia Van Der Wiele, North Carolina Department of Environment and Natural Resources Division of Water Quality, Wetlands Section, 1621 Mail Service Center, Raleigh, NC 27699-1621 ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL SPECIES OF CONCERN, CHEROKEE, JACKSON, TRANSYLVANIA., AND HAYWOOD COUNTIES, NORTH CAROLINA This list was adapted from the North Carolina Natural Heritage Program's County Species List. It is a listing, for Cherokee, Jackson, Transylvania, and Haywood Counties, of North Carolina's federally listed and proposed endangered, threatened, and candidate species and Federal species of concern (for a complete list of rare species in the state, please contact the North Carolina Natural Heritage Program). The information in this list is compiled from a variety of sources, including field surveys, museums and herbaria, literature, and personal communications. The North Carolina Natural Heritage Program's database is dynamic, with new records being added and old records being revised as new information is received. Please note that this list cannot be considered a definitive record of listed species and Federal species of concern, and it should not be considered a substitute for field surveys. Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated or proposed. Aquatic species: Fishes and aquatic uivertebrates are noted for counties where they are known to occur. However, projects may have effects on downstream aquatic systems in adjacent counties. COMMON NAME SCIENTIFIC NAME STATUS CHEROKEE COUNTY Vertebrates Bog turtle Clemmys muhlenbergii T(S/A)' Rafinesque's big-eared bat Corynorhinus-rafinesquii FSC Hellbender Cryptobranchus alleganiensis FSC Blotched chub Erimystax insignis FSC Jarzaluska salamander Eurycea junaluska FSC "Sicklefin" redhorse Moxostoma sp. 1 FSC Indiana bat Myotis sodalis Endangered (summer habitat) Olive darter Percina squansata FSG Northern pine snake Pituophis melanoleucus melanoleucus FSC* Invertebrates Hiwassee crayfish Canxbarus hiwasseensis FSC Parrish crayfish Cambarus parrishi FSC Tan riffleshell Epioblasma florentina walkeri FSC** Tennessee heelsplitter Lasmigona holstonia FSC* Knotty rocksnail Lithasia christyi FSC Littlewing pearlymussel Pegias fabula Endangered** Tennessee clubshell Pleurobema oviforme FSC Diana fritillary butterfly Speyeria Jana FSC Cumberland bean Villosa trabalis Endangered Vascular Plants Small whorled pogonia Isotria medeoloides Threatened White fringeless orchid Platanthera integrilabia C1* January 29, 2003 Page 1 of 6 COMMON NAME SCIENTIFIC NAME STATUS Mountain catchfly Silene ovata FSC Hairy blueberry Yaccinium hirsutum FSC JACKSON COUNTY Critical I3abitat Designation: Appalachian elktoe, Alasmidonta raveneliana -The main stem of the Tuckasegee River (Little Tennessee River system), from the N.C. State Route 1002 Bridge in Cullowhee, Jackson County, North Carolina, downstream to the N.C. Highway 19 Bridge, north of Bryson City, Swain County, North Carolina. Within these areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean water; (ii) Geomorphically stable stream channels and banks; (iii) Pool, riffle, . and run sequences within the channel; (iv) Stable sand, gravel, cobble, boulder, and bedrock substrates with no more than low amounts of fine sediment; (v) Moderate to high stream gradient; (vi) Periodic natural flooding; and (vii) Fish hosts, with adequate living, foraging, and spawning areas for them. Vertebrates Southern Appalachian saw-whet owl Green salamander Rosyside dace Hellbender Wounded darter Carolina northern flying squirrel Southern Appalachian red crossbill "Sicklefin" redhorse Indiana bat Southern Appalachian woodrat Southern Appalachian black-capped chickadee Olive darter Northern pine snake Southern Appalachian yellow-bellied sapsucker Appalachian Bewick's wren Invertebrates ` Appalachian elktoe French Broad crayfish Whitewater crayfish ostracod Tawny crescent butterfly .Diana fritillary butterfly Vascular Plants Fraser fir Mountain bittercress Radford's sedge Cuthbert's turtlehead Aegolius acadicus FSC Aneides aeneus FSC Clinostonzusfunduloides ssp. 1 FSC Cryptobranchus alleganiensis FSC Etheostoma vulneratum FSC Glaucomys sabrinus coloratus Endangered Loxia curvirostra FSC Moxostoma sp. 1 FSC Myotis sodalis Endangered (winter records) Neotoma floridana haematoreia FSC Poecile atricapillus practicus. FSC Percina squamata FSC Pituophis.melanoleucus melanoleucus FSC Sphyrapicus varius appalaciensis FSC Thryomanes bewickii altos FSC Alasmidonta raveneliana Endangered Cambarus reburrus FSC Dactyloctythere prinsi FSC Phycoides batesii maconensis FSC Speyeria diana ~ FSC Abies fraseri FSC Cardamine clematitis FSC Carex radfordii FSC Chelone cuthbertii FSC January 29, 2003 Page 2 of 6 COMMON NAME SCIENTIFIC NAME STATUS Tall larkspur Glade spurge Swamp pink Gorge filtJny fern Small whorled pogonia Butternut Fraser's loosestrife Sweet pinesap Torrey's mountain-mint Carolina saxifrage Divided-leaf ragwort . . Mountain catchfly Granite dome goldenrod Mountain thaspium Lobed barren-strawberry Delphinium exaltatum Euphorbia purpurea Helonias bullata Hymenophyllum tayloriae Isotria medeoloides Juglans cinerea Lysimachia fraseri Monotropsis odorata Pycnanthemum torrei Sax~aga caroliniana Senecio millefolium Silene oyata Solidago simulans Thaspium pinnatifidum Waldsteinia lobata FSC FSC Threatened FSC. Tlueatened FSC FSC FSC F5C* FSC FSC FSC FSC FSC* FSC* Nonvascular Plants Gorge moss Rock gnome lichen A liverwort A liverwort A liverwort A liverwort TRANSYLVANIA COUNTY Bryocrumia vivicolor Gymnodernsa lineare Plagiochila sullivantii var. spinigera Plagiochila sullivantii var. sullivantii Plagiochila virginica var. caroliniana Sphenolobopsis pearsonii FSC Endangered FSC FSC FSC FSC Critical Habitat Designation: Appalachian elktoe, AlasmidoKta raveneliana -The main stem of the Little River (French Broad River system), from the Cascade Lake Power Plant, downstream to its confluence with the French Broad River. Within these areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean water; (ii) Geomorphically stable stream channels and banks; (iii) Pool, riffle, and run sequences within the channel; (iv) Stable sand, gravel, cobble, boulder, and bedrock substrates with no more than low amounts of fine sediment; (v) Moderate to high stream gradient; (vi) Periodic natural flooding; and (vii) Fish hosts, with adequate living, foraging, and spawning areas for them. Vertebrates . Southern Appalachian saw-whet owl Green salamander Bog turtle Rafinesque's big-eared bat Hellbender Carolina northern flying squirrel Southern Appalachian red crossbill Southern Appalachian woodrat Southern Appalachian black-capped chickadee Aegolius acadicus FSC Aneides aeneus FSC Clemmys muhlenbergii T(S/A)1 Corynorhinus rafinesquii FSC* Cryptobranchus alleganiensis FSC Glaucomys sabrinus coloratus Endangered Loxia curvirostra FSC' Neotomafloridana haematoreia FSC* Poecile atricapillus practices FSC January 29, 2003 Page 3 of 6 .COMMON NAME SCIENTIFIC NAME STATUS Southern Appalachian yellow-bellied Sphyrapicus varius appalaciensis FSC sapsucker Appalachian cottontail Sylvilagus obscurus FSC Appalachian Bewick's wren Thryomanes bewickii altus FSC* Invertebrates Appalachian elktoe Alasmidonta raveneliana Endangered French Broad crayfish Canzbarus reburrus FSC Oconee crayfish ostracod Cynzocythere clavata FSC Oyster mussel Epioblasma capsaeformis Endangered Margarita River skimmer Macromia margarita FSC Diana fritillary butterfly Speyeria Jana . . FSC* Transylvania crayfish ostracod Walto~zcythere acuta FSC Vascular Plants Fraser fir Abies fraseri FSC Alexander's rock aster Aster avitus FSC Cuthbert's turtlehead Chelone cuthbertii FSC Spreading avens Geum radiatum Endangered Smoky Mountain mannagrass Glyceria nubigena FSC Swamp pink Helonias bullata Threatened French Broad heartleaf Hexastylis rhombifornzis FSC Small whorled pogonia Isotria medeoloides Threatened Butternut Juglans cinerea FSC Fraser's loosestrife Lysimachia fraseri FSC Sweet pinesap Monotropsis odorata FSC Flatrock panic grass Panicum lithophilum FSC* Mountain sweet pitcher plant Sarracenia jonesii Endangered Southern oconee-bells Shortia galacifolia var. galacifolia FSC Lobed barren-strawberry Waldsteinia lobata FSC Nonvascular Plants Gorge moss Bryocrumia vivicolor FSC Rock gnome lichen Gymnoderma Zineare Endangered A liverwort Plagiochila sharpii FSC A liverwort Plagiochila sullivantii var. sullivantii FSC A liverwort Plagiochila virginica var. ccn•oliniana FSC HAYWOOD COUNTY Critical Habitat Designation: Spruce-fir moss spider, Microl:exura montivaga - Critical habitat designated (see the July 6, 2001, Federal Register, 66:35547-35566). Critical Habitat Designation: Appalachian elktoe, Alasmidonta raveneliana -The main stem of the West Fork Pigeon River .(French Broad River system), from the confluence of the Little East Fork Pigeon River, downstream to the confluence of the East Fork Pigeon River, and the main stem of the Pigeon River, from the confluence of the West Fork Pigeon River and the East Fork Pigeon River, downstream to the N.C. Highway 215 Bridge crossing, south of Canton, North Carolina. January 29, 2003 Page 4 of 6 COMMON NAME SCIENTIFIC NAME STATUS Within these areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean water; (ii) Geomorphically stable stream channels and banks; (iii) Pool, riffle, and run sequences within the channel; (iv) Stable sand, gravel, cobble, boulder, and bedrock substrates with no more than. low amounts of fine sediment; (v) Moderate to high stream gradient; (vi) Periodic natural flooding; and (vii) Fish hosts, with adequate living, foraging, and spawning areas for them. Vertebrates Southern Appalachian saw-whet owl Aegolius acadicus FSC Bog turtle Clemn:ys muhlenbergii T(S/A)1 Olive-sided flycatcher Contopus borealis FSC Hellbender Cryptobranchus alleganiensis FSC Cerulean warbler Dendroica cerulea FSC Carolina northern flying squirrel Glaucomys sabrinus coloratus Endangered Bald eagle Haliaeetus leucocephalus Threatened Southern Appalachian red.crossbill ~ Loxia curvirostra (proposed for delisting) FSC Southern rock vole Microtus chrotorrhinus carolinensis FSC Gray bat Myotis grisescens Endangered Southern Appalachian woodrat Neotomafloridana haematoi~eia FSC Alleghany woodrat Neotoma magister FSC Southern Appalachian black-capped Poecile atricapillus practicus FSC chickadee Eastern cougar Puma concolor couguar Endangered* Southern water shrew Sorex palustris punctulatus FSC Southern Appalachian yellow-bellied Sphyrapicus varius appalaciensis FSC sapsucker Appalachian cottontr-.zi Sy1VZlagZlS ObSCtll•us FSC Appalachian Bewick's wren Thryomanes bewickii altc.~s FSC Invertebrates Appalachian elktoe Alasmidonta raveneliana Endangered Spruce-fir moss spider Microhexura montivaga Endangered Tawny crescent butterfly Phyciodes batesii maconensis FSC* Diana fritillary butterfly Speyer•ia Jana FSC Vascular Plants Fraser fir Abies fraseri FSC Piratebush Buckleya disticophylla ~ FSC Mountain bittercress Cardamine clematitis FSC Tall larkspur Delphinium exaltatum FSC* Glade spurge Euphorbia purpurea FSC Smoky Mountain mannagrass Glyceria nubigena FSC Small whorled pogonia Isotria medeoloides Threatened Butternut Juglans cinerea FSC Fraser's loosestrife Lysimachia fraseri FSC Torrey's mountain-mint Pycnanthemum torrei FSC* Rugel's ragwort Rugelia nudicaulis . FSC Carolina saxifrage Sax~aga caroliniana FSC January 29, 2003 Page 5 of 6 COMMON NAME SCIENTIFIC NAME STATUS Mountain catchfly Silene ovata FSC Alabama least trillium Trillium pusillum var. 1 FSC Nonvascular Plants Rock gnome lichen Gymnoderma lineare Endangered A liverwort Plagiochila sharpii FSC A liverwort Plagiochila sullivantii var. sullivantii FSC A liverwort Sphenolobopsis pearsonii FSC KEY: Status Definition Endangered A taxon "in danger of extinction throughout all or a significant portion of its range." Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." Cl A taxon under consideration for official listing for which there is sufficient information to support listing. , FSC A Federal species of concern--a species that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). T(S/A) Threatened due to similarity of appearance (e.g., American alligator )--a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. Species with 1, 2, 3, or 4 asterisks behind them indicate historic, obscure, or incidental records. *Historic record -the species was last observed in the county more than 50 years ago. **Obscure record -the date and/or location of observation is uncertain. ***IncidentaUmigrant record -the species was observed outside of its normal range or habitat. ****Historic record -obscure and incidental record. 'In the November 4, 1997, Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land-management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. January 29, 2003 Page 6 of 6 t Tennessee Valley Authority, 400 West Summit HIII Drive, Knoxville, Tennessee 37902-1499 September 9; 2003 Mr. Mike Sununers . Bridge Maintenance Unit ~ North Carolina Department of Transportation 1565 Mail Service Center • Raleigh, North Carolina 27699-1565. . ' Dear Mr. Summers: ' REQUEST FOR COMMENTS ON BRIDGE REPLACEMENT PROJECTS; B-3430 I and B-3431 IN CHEROKEE COUNTY; B-4348 AND B-4349 ]N JACKSON COUNTY; B-4690 AND B-4691 IN TRANSYLVANIA COUNTY, AND B-4692 IN HAYWOOD 4 ~ COUNTY, NORTH CAROLINA ~ ;.. • TVA has reviewed the elevation and plan drawings provided in your letter of July 8, 2003, on the proposed bridge replacements: Based on the plans provided, the following bridges would not require Section 26a approval because they do not create a new obstruction and ~ are within the same alignment::.. B-3430, SR 1331 (Beaver Dam Road) over Hanging Dog Creek, tributary to 0 .' ' Hiwassee Reservoir, Cherokee County " B-3431, SR 1331 (Beaver Dam Road) over Cook Creek, tributary to Hiwassee j j Reservoir, Cherokee. County ! B-4348 and B-4349,. SR 1388 (Dicks Creek Road) over Dicks Creek, Tuckasegee River tributary; Tackson County I B-4692, SR 1334 (Max Patch Road). over Wesley Creek, Pigeon River tributary, Haywood County , j~ The following .projects would.substantially widen the existing bndge by addition of lanes I and would still appear to require Section 26a approval: . B-4690 .and B-4691, SR 1324,(Tanasee Gap Road) over Tucker; Creek, French Broad Rivet tributary, Tr ylvania County Mr. Mike Summers Page 2 . September 9, 2003 We will confirm these determinations when we review the Categorical Exclusion documents and the final selected alternative during our permit review. Tf merger teams are established for any of the projects; please include TVA in the coordination for the project. In addition, if an environmental assessment into be prepared for any'project, please contact TVA foi• consideration as a cooperating agency in the, project. Should you have any questions, please contact Harold M. Draper at (865) 632-6889 or hrndraper@tva. gov. Sincerely, //. f /~ Jon M: ney,~~er i NEPA Administration.. Environmental Policy and Planning. cc: Mr. John Sullivan, Division Administrator ~ ~ Federal Highway Administration , • 310 New Bern Avenue, Suite 410. . Raleigh, North Carolina X7601. , ~• .. i ~. -: • 4 j • ;~ Tennessee Valley Authority, 400 West Summit Hill Drrva, Knoxville, Tennessee 37902-1499 i May 23, 2003 . Mr. Mike Summers Bridge Maintenance Unit North Carolina Department of Transportation 1565 Mail Service Center .Raleigh, North Carolina 27699-1565 Dear Mr. Summers: ~. t i c t 3 E { REQUEST FOR COMMENTS ON BRIDGE REPLACEMENT PROJECTS, TENNESSEE RIVER WATERSHED, `CHEROKEE, HAYWOOD, JACKSON, AND.. TRANSYLVANIA COUNTIES, NORTH CAROLINA TVA has reviewed the maps provided in your letter of May 1., 2003, on the proposed bridge replacements at 8 sites: , •. *B-3430, SR 1331 (Beaver Dam Road) over Hanging Dog Creek, tributary to Hiwassee Reservoir, Cherokee County • *B-3431, SR 1331 (Beaver Dam Road) over Beaver Dam Creek, tributary to Hiwassee .Reservoir, Cherokee County B-4347, SR 1107 .(Whiteside Cove Road) over Norton Miil Creek, Jackson " County.. No TVA approval is needed for. this action 'iri the. Chattooga River (Savannah .River) watershed. • *B-4348 and *8-4349, SR 1388 (Dicks Creek Road) over Dicks Creek, ~, Tuckasegee River tributary,' Jackson County •: *B-4690 and *B-4691, SR 1324, (Tanasee Gap Road) over Tucker Creek, .French Broad River tributary, Transylvania County' , ` :. " ' *B-4692; SR 1334 (Max patch Road) over Wesley Creek, Pigeon River tributary,'Haywood County, *Depending on final design and alignment, TVA approval may be needed.: Based on the infermafieri provided, we are riot aware of any unique environmental . features at the bridge replacement sites. The categorical exclusion documents .prepared for these projects should note that an approval under Section 26a of the TVA Act may be needed for bridge construction (except, for the B-4347 project): If merger teams are established for any of the projects, please include TVA in the coordination Mr. Mike Summers Page 2 May 23, 2003 Enclosure Typical Interactions During .Project Development • Send scoping notice to NEPA Administration. TVA will reply to scoping . notices and indicate that a Section 26a approval is needed, there is other potential TVA involvement iri the project, or explain that there is no TVA . involvement. ' • Include TVA as a member of Section 404 Merger Teams for the Tennessee River. Watershed. • Include TVA NEPA Administration on invitation List for monthly . Interagency Coordination meetings.. , • Send monthly 13-month let list to NEPA Administration • Include TVA as a "cooperating agency" in NEPA and SEPA documents that require TVA permits or land use approvals ~„ ~... • Send a copy of the preliminary draft of the EA or EIS to TVA NEPA. Administration for comment prior.to public release and approval.. TVA will . reply within the specified time frame,, generally within three weeks. • TVA will reply to merger team correspondence'and environmental ..documents with comments or„reply. that all. the. environmental, issues are addressed and that it has no commehts. Send a copy of the publicly released EA or EIS to TVA. .. • TVA may comment: If no comments are received.during the review period, NCDOT will assume that TVA has no further comments. •, Include TVA in Section~7 Endangered Species Act consultations. Notify TVA if formal consultation is undertaken, including a Biological Assessment and Biological Opinion... This will allow TVA to ensure that the incidental take permit is issued in the name of TVA as well as FHWA.. • Include. TVA in consultations under Section 106 of the. National Historic: Preservation Act. If a Memorandum of Agreement is prepared; provide TVA an opportunity to be a signatory: , • Send a copy of the CE, FONSI; FEIS or'ROD to TVA when completed. ~~ ~j (' L~Taze-th aC~rali2x~.. ~+~~a~rn~axx-~ o~~'. Exx.-sri.x~azxi~re.~xa~t ao.xac~L ~'~.~~-,~1 ~~,~c~~~~ce~; #f~x~~xax~ erg' ~a~. a.xx~l.`'"~.-~:~~ +Caxx~ex-^~za-~Ya~. ,-~--~..-~~ •~-~..~..... ,.s..~... Michael F. Easley, Governor ~~~~~~ ~~4'illiam G. Ross Jr„ Secretary • David S. Vogel, Director i 1!'IE11'IORANDUN[: May 19, 2003 • TO: Melba•McGee :: FROM:.:. David Harrison ,~%?~'~ i : -. ! SUBJECT: ; NCDOT Bridge Replacement Projects ~ . ~ ~ The NG Department of•Transportation is pzeparing the p~anning'and environmental studies for T6 bridge replacement projects in ,Buncombe, Burke, Cherokee, Haywood,' Jackson, i McDowell; Rutherford, Stanly, Surry, Transylvania and Yadkin Counties. ~~ i . If construction is restricted to existing right-of-ways, there should be.no impact to Prime or' Statewide. Important Farmland. Any acquisition of additional right=of-wa}~s far increase size, j :. ~ capacity or changes in approach could affect Prime or Statewide Important Farmland:. In. that ~ case, t17e environmental assessment would include.information on adverse impacts. . ,. :.The definition of Prime or Statewide Important Farmland is based on the soil series' and I ~ not on its ;current land use.: Areas that are;developed or are within munici al boundaries are' i exempt from consideration as Prime.or Important Farmland. p -' For additional information, contact the soils specialists with the Natural Resources I ~ Conservation Service, USDA, Raleigh, NC at (919)' 873-21.4.1. ~ .. ,. Ce: ~ .Mike. Summers, NCDOT _ . . ~~ . 2.62g Mail Sez-srice Center, Raley, North Carol~E.rts 27G99~-161g 13hone: 919 -733-23p2 \ Fg~g: 9Z9 -- i"'ZS.-~'355g Zaterziet: ~izsr.ezzr.atecta.z~c.v..c/L~'NR/z]S~C/ A1~T Fe~-Vt T . O eT~'I?OR'P"C.T~'ZT'Y \ AF'F'=RM.di.TZ'Y'E ACTICS]nT ]EM2?LOYER ~ . ~O°6 R,ECYCL7ED / 10°.6 ROST CONSLTh2ER pAp~R W A r~ Michael F, Easley, Govauo `O~~ 9pG William G. Ross Jr., Secretar North Carolina Department of Environment and Natural Resource ,; . ~ r , Alan W. Klimek, P.E., Directe j.r~ -i Division of Water Qualit p -~ Coleen H. Sullins, Deputy Dircctc Division of Watcr Qualit July 10, 2003 '. MEMORANDUM T0: Mike Summers, Project Manager NCDOT. Bridge Maintenance Unit q l FROM: Cynthia F. Van Der Wiele, NCDOT Coordinator ~iV Cl~/ SUBJECT: Scoping Review of NCDOT's proposed bridge replacement projects: B-3430, B-3431, B-4347, B-4348, B=4.349, B-4690, B-4691,:and B-4692 in Cherokee, Jackson, Transylvania and Haywoe Counties. In reply to your correspondence dated May 1, 2003 (received June 19, 2002) in which you requested comments for the referenced projects, the NC Division of Water Quality has the following comments: L General Comments ReQardinry Bride Replacement Proiects ~ . 1. If corrugated metal pipe arches; reinforced concrete pipes, or concrete box culverts are used to replace 1 bridge, then DWQ recommends'the use of Nationwide Permit No. 14 rather than Nationwide Permit 23. 2.: Bridge demolition should be performed using Best Management Practices"developed by NCDOT. . 3. DWQ prefers spanning structures.. Spanning structures usually do not require work~within the stream and d ..not require stream channel realignment. The horizontal. and vertical clearances provided by bridges allows .... human and wildlife passage beneath the structure, does not block fish passage, and.does not block navigatic canoeists, and boaters. 4. Bridge deck drains should not discharge directly into the stream; stormwater shouJ,d be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre.-formed. scour holes, vegetated buffers, etc.) before entering the stream. Please refer to NCDOT Best Management Practices for the . Protection of Surface Waters. 5.. Live concrete should not be allowed to contact the water in or entering into the stream. Concrete is mostly made up of lime (calcium carbonate) and when in a dry or wet state (not hazdened) calcium carbonate is vE soluble in .water and has a pH of approximately 12. In an unhardened state concrete or cement will changf ' pH of fresh water to very. basic and will cause, fish and other macroinvertebrate kills. , 6: If possible; abridge supports (bents) should not be placed in the stream. 7.. If temporary access roads or detours aze constructed, they should be removed back to original ground elevations immediately upon the completion of the project...Disturbed areas should be seeded or mulched stabilize the soil and native tree species should be planted with a spacing of not more than 10'x10' . If .possible, .when using temporary structures the area should be cleared but not grubbed. Clearing the azea chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat into . allows the area to re=vegetate naturally and minimizes disturbed soil: ~ , 8.. A clear bank (rip rap-free) azea of at least 10 feet should remain on each side of the steam underneath the bridge. ~ ~ . ~ . N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mai] Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (L.ocation) (919) 733-1786 (phone), 919-733-6893 (fax), (httQ:l/h2o.etarstate.nc.us/ncwetlands) f f 9.' Sedimentation and erosion control measures sufficient to protect water resources must be implemented prior to any ground disturbing activities. Structures should be maintained regularly, especially following rainfall events. 10. Bare soil should be stabilized through vegetation or other means as quickly as feasible to prevent sedimentation of water resources. 11. A11 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. 12.; Heavy equipmeint should, be operated from the bankrather than in strearri channels in order to muiimize sedimentation and reduce the likelihood of introducing other pollutantsinto streams. This equipment should : be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, .lubricants, hydraulic fluids; or other toxic materials.. , .. II. General Comments if Renlacin~ the Brul~e with a Culvert 1...The culvert must be designed to allow for aquatic life and fish passage. Generally;~the culvert or pipe invert ` should be buried at least 1 foot below the natural streambed (measured from. the natural thalweg depth): ~.If multiple barrels are required; barrels other than the base flow barrel(s) should be placed on or near stre:am~ . bax-kfull or floodplain bench elevation (similar to Lyonsfield design). These should be reconnected to"+~:. ~ ~ . floodplain benches, as appropriate. This may be accomplished by utilizing sills on the upstream end to'Testrict or. divert flow. to the base flow barrel(s). Silled barrels should be filled with sedimenf so as'not to cause noxious or mosquito breeding conditions. Sufficient water depth should be provided in the base flow barrel during low flows to accommodate fish movement. If culverts are longer than 40-501inear feet, alternating or notched ` baffles should be installed in a manner that mimics existing stream pattern. This should enhance aquatic life ~ :. passage: 1) by, depositing sediments in the barrel, 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic organisms. In essence, the base flow barrel(s) should provide a contim~-:.m of water depth and,channel .width without, substantial modifications of velocity.. r; 4 _~,, ; ;~,:;'Z, : Tf multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal ,~ t ~ _ ,:.'..flows to allow for wildlife: passage. `.. ~. << _ ., 3. Culverts or pipes should be situated along the existing channel alignment whenever.possible to avoid channel ~ ~ . , t. realignment:. Widening the stream channel must be avoided. Stream channel widening ~t thie inlet or outlet ,end of structures typically de;-:reases water velocity causing sediment deposition that requires increased ~- - maintenance and disrupts aquatic life passage., ~ . ~' j . 4.' Riprap should riot be placed ixi the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, i ~ .sized, and installed... . ~ . ' ~.. In most cases; we prefer the replacement of the existing structure at.the same location with road closure. Tf road closure is not.feasible; a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid.destabilizing stream banks. If the structure will. be on a new alignment, the old M structure should be removed and the approach f lls removed from the 100-year floodplain. Approach fills should ? be removed down to the natural.ground elevati:on:~ The area should be stabilized with grass and planted with native tree species. Tall fescue should not be used in riparian areas. If the area that is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be used as wetland mitigation ' for the subject project or other projects in the watershed. III. Project-Specific Comments B-3430 Bride 43 over Han~in~ Doi Creek; Cherokee Co.' Although this stream is listed as Class C, there are significant aquatic resources (Federal and State listed species of concern). DWQ would prefer this bridge to be replaced with a bridge and the use of BMPs (particularly for sediment and erosion control) to be maximized. B-3431 Bride No. 45 over Beaver Dam Creek, Cherokee Co. This stream contains several significant aquatic resources (Federal and State listed species of concem, threatened and endangered species). DWQ would prefer this bridge to be replaced with a bridge and the use of BMPs (particularly for sediment and erosion control) to be maximized. . Bailey Fork Creek is listed as WS-1V. There are 30-foot vegetated buffer requirements in WS waters in addition - to the requirements to minimize storm water runoff and maximize use.of BMPs. Refer to 15A NCAC 2B .0216(3)(b)(i)(F) and (G).. , 8-4347 Bride No. 3 over Norton Mill Creek, aekson Co. . Norton Mill Creek is classified as C Tr +. The + sign indicates that this drains to Outstanding Resource Waters, Since ORWs represent the.State's ).ighest water quality classification, DWQ would hope that a spanning. structu is planned for this crossing. In addition; there are numerous Federal and State listed species in the project vicinity. Finally, we would stress that NCDOT should use the highest possible BMPs for protecting this resour~ 8-4348 Bride No. 156 and B-4349 Bride No. 36 over Dicks Creek ackson Co '• DWQ is aware that there may be mussel populations on this site as well as Federal and State listed species of concern. , We recommend, a spanning structure and maximizing the use of BMPs to minimize damage to these aquatic resources. If NCDOT is replacing these structures with culverts, you should be aware that this involves two impacts to the same stream-impacts must be added together and mitigation may be required. B-4690 Bride No. 55 and B-4691 Bride No. 59 over Tucker Creek Translyvania Co • If NCDOT is replacing these structures with culverts, .you should be aware that this involves two impacts to the same stream-impacts must be added together, and .mitigation may be required. B-4692 Bride 283 over Weslevs Creek; Haywood Co.` DWQ does not have any special concerns: Please refer to general recommendations listed above. :Thank you £or'requesting our input at this time; The DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met anc `designated uses. are not degraded or lost. Tf you have any questions or require additional information, please ' contact Cynthia Van Der Wiele at (919), 733.5715. pc: John Hendrix, USACE Asheville Field Office .'Chris Militscher, USEPA Marla Chambers, NCWRC File Copy ®North Carolina~ildlife Resources Commission Charles R Fullwood, Executive Director TO: Mike Summers; Project Manager .Bridge Maintenance. Unit, NCDOT . o FROM: Marla Chambers, Highway Projects Coordinator .7~ ~~~~ Habitat Conservation Program, NCWRC i - DATE: June 26, 2003 SUBJECT: Scoping review of NCDOT's proposed bridge replacement projects B-3430, B- i 3431; B-4347, B-4348; B=43:49, B-4690, B-4691, B-4692 in Cherokee, Jackson, ~i; 'Transylvania and Haywood Counties. ~, ~ ' North Carolina Department of Transportation (NCDOT) has requested comments from the North Carolina Wildlife Resources Commission,(NCWRC) regarding impacts to fish and i E wildlife resources resulting from the subject project.' Staff biologists have reviewed the information provided and have the following preliminary comments. These comments are ~ provided in accordance with the 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. ~ 661-66'7d). ~t . Our standard recommendations for. bridge replacement projects of this scope are, as ~ follows: 1: We generally,prefer.spanning structures., Spanning structures usually do not require work ~ within-the. stream and do not require stream channel realignment.. The horizontal and vertical clearances provided by bridges allows for human and wildlife`passageheneath the structure,'does not block fish passage, and does not block navigation by canoeists and ~ ~ boaters.: i 2. Bridge, deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. i 4. if possible, bridge supports (bents) should not be placed in the stream. Bridge Scopings . 2 Cherokee, Jackson, Transylvania; Haywood.Co.'s . June 26, 2003 5. If temporary access roads or detours are constructed, they, should be removed back to original ground elevations immediately upon the completion of the project. Disturbed areas. should be seeded or mulched to stabilize the soil and native tree species should be planted with.a spacing of not more than 10'x10'. If possible, when using temporary structures the area should be cleared but not grubbed: Clearing the area with chain saws, mowers,. bush-hogs, or other mechanized equipment and leaving the stumps and root mat ~ intact; allows the area to revegetate naturally and rninimi~es disturbed soil. ~. .:. 6. A clear bank (riprap free) axea of at least 10 feet should remain on each side of the steam underneath the bridge.. k 7. - In trout waters, the N.C: Wildlife Resources Commission reviews all U.S: Army. Corps of ~ Engineers nationwide and general `404' permits. We have the option of requesting ,. ~ additional measures to protect trout and trout habitat and we can recommend that the project require an individual `404' permit.. M .. 8. In streams that contaux threatened or endangered, species; Mr. Hai.Bain with the NCDOT -ONE should be notified. Special measures to protect these sensitive species may be ' required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species, Act as it relates to the project: 9. In streams that are used by anadromous fish, the NCDOT official policy entitled."Stream . Crossyng Guidelines for Anadromous Fish Passage (May 12, 1997) should be followed. .. ~ , 10:. ; ~ In areas with significant fisheries for sunfish, seasonal exclusions may also be . 1. , .recommended:.. - .. ~ .. . , . i 1 1. ~. .. Sedimentation and erosion control measures sufficient to protect aquatic resources must be implementedpriorto any ground disturbing activities. Structures should be; i maintained regularly, especially following rainfall events. 12. Temporary: or permanent herbaceous vegetation should be planted on all bare soil within, j ~ ; ~' ~.ys of ~ c~~n~l ~?~sh~r'oi~lg activit.~s to p{ovide long-*erm. erosion control. ~ 13 All work iri or adjacefit to stream waters should be conducted in a dry work area. ~ ~~Sandbags, rock berms, cofferdams, or other diversion structures should be used where ~ ~ ,. "possible fo prevent excavation in flowing water.: . 14.: ~ 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:: - , . ~ 15.' - .. '. Only clean; sediment-free rock should be used as temporary fill (causeways); and should be zemoved without excessive disturbance of the natural stream bottom when i 1 construction is completed. . ~. Bridge Scopings 3 Cherokee, Jackson, Transylvania, Haywood Co.'s , : June 26, 2003 16. 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... If corrugated metal pipe arches, reinforced concrete pipes, or concrete box culverts are used: 1. The culvert must be designed to allow for aquatic life and fish passage. Generally,, the culvert or pipe invert should be buried at least 1 foot below the natural streambed ' (measured, from the natural thalweg depth). If multiple barrels are required, barrels other ~ _ than the base flow barrel(s) should be placed on or near stream bankfull or floodplain 1 bench elevation (similar. to Lyonsfield design): These should be reconnected to, floodplain benches as appropriate. This may be accomplished by utilizing sills on the upstream end to restrict or divert flow to the base flow barrel(s). Silled barrels should be ~ filled with sediment so as not to cause noxiousor mosquito breeding conditions: Sufficient water depth should be provided in the base flow barrel during law flows to accommodate fish movement. If culverts are longer than 40-50 linear feet, alternating or ', notched.baLfles should be installed in a manner that mimics existing stream pattern. This should enhance aquatic life passage: 1} by depositing sediments in the barrel; 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic organisms,. In essence, the base flow barrel(s) should provide a continuum of water depth and. channel width without substantial modifications of velocity. 2. ° If multiplepipes or cells are used, at least one pipe or box should be designed to remain 'dry during normal flows to allow for wildlife passage: i i~ I! j ~ t ._ i ' 3. ~ Culverts or pipes. should be situated along the existing ,channel alignment whenever possible to avoid channel realignment: Widening the stream channel must be avoided.: > Stream channel widening at the inleti or outlet end of structures typically decreases water. :. velocity causing sediment deposition that requires increased maintenance and disrupts ;. ~ aquatic life passage. 4.. . ~ Riprap should not be placed in the actiYe;. thalweg channel or placed in the .streambed in a :. 'manner that precludes aquatic life passage. ~ Bioengineering boulders or structures should be professionally designed,sized; and installed :Inmost cases, we prefer the replacement of the existing structure at the same location with road closure. Yf road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimise the need for clearing and to avoid destabilizing stream banks: if the. structure will be on a new alignment, the, old structure should be removed and the approach fills removed from the ,100-year floodplain. Approach fills should be removed down to the natural ground elevation: The :area should be stabilized with grass and planted with native tree species. Tall-fescue should not be used in riparian areas. If the area that is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be used as wetland mitigation for the subject project or other projects in the watershed. Bridge Scopings . 4 - Cherokee; Jackson, Transylvania, Haywood Co.'s June 26, 2003 Project specific comments: - 1. B-3430, Cherokee Co., Bridge No. 43 over Hanging Dog Creek on SR 1331 (Beaver Dam Road). Hanging Dog Creek is classified as C.and is listed as significant aquatic habitat.. The hellbender (Cryptobranchus alleganiensis), federal species of concern and state special concern, has been observed downstream of the project area. A moratorium prohibiting in- stream work and land disturbance within the 25-foot trout buffer is recommended from January 1 to Apri115 to protect the egg' and fiy stages of rainbow trout. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. 2: B-3431, Cherokee Co.; Bridge No. 45 over Beaver'Dam Creek on SR' 1331 (Beaver Dam Road). Beaver Dam Creek is classified as C-Tr. The Hiwassee headwaters crayfish . (Cambarus parrishi), federal species of concern, is potentially present in the project area. j . .The knotty elimia (Elimia interrupta); .state endangered, is potentially present downstream. A moratorium prohibiting in-stream work and land disturbance within the 25-foot trout E buffer is recommended from January~l to April 1S to protect the egg and fiy stages of i ; rainbow trout. Sedimenf and erosion control measures should adhere to the design standards for sensitive watersheds. .. ,: ~ ~ 3. B-4347, Jackson Co., Bridge No. 3 over Norton Mill Creek on SR 1107 (VJbiteside Cove , Road).. Norton Mill Creek is classified as C-Tr +, Numerous federal and state listed plant . and animal species have been found in the vicinity of the project. Coordination with the ~ ~ resource agencies is expected. A moratorium prohibiting in-stream work and land i 'disturbance within the 25-fdot trout buffer is recommended from'January 1 to April 15 to , . protect the eg; and fiy stages of rainbow trout: Sediment and erosion control measures should ac; sere 'to the design standards for sensitive watersheds. .: ~ ~. . 4.. B-4.348; Jackson Co., Bridge No. 156 over Dicks Creek on SR 1388 (Dicks Creek Road). j Dicks Creek, classified as C-:Tr, flows to. the Tuckasegee River: Potentially present in the '' ~ ro ect area are the smo dace ClinQStomus unduloides ,states ecial concer and the p j k3' ( .f ) P Little Tennessee River crayfish'(Cambarus georgi¢e); state significantly rare:; The olive :darter (1'ercina squatnata), federal species of concern and state special concern, has been ~ I - . observed near the mouth of picks. Creek:.Present in the Tucke~egee River. are~the ... . .~ ~ Appalachian elktoe (Alasmidonta~ravenel iana), federal and state endangered; wavy-rayed lampmussel (Lampsilis fasciola), state special concern;. and wounded darter (Etheostoma : . i vulneratum), state special concern.. A moratorium prohibiting in=stream work and land - disturbance within the 25-foot trout buffer is recommended from January 1 to .Apri1.15 to ~ ~ protect`the egg ~.nd .fiy~ stages of rainbow trotit: Sedirrierit and erosion control rrieasures ' should adhere to the design standards. for sensitive watersheds: 5. B-4349, Jackson Co., Bridge No. 36 over Dicks Creekon SR 1388 (Dicks Creek Road): Same as B-4348 above. i b. .B-4690, Transylvania Co., Bridge No: 55 over Tucker Creek on SR 1324 (Tanasee Gap Road). A moratorium prohibiting in-stream work and land .disturbance within the 25-foot ' Bridge Scopirigs 5, _ . Cherokee, Jackson, Transylvania; Haywood Co:'s ~ ~ June 26, 2003 trout buffer is recommended from October 15 to April 15 to protect the egg and fry stages of rainbow and brown trout. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. 7. B-469.1, Transylvania Co., Bridge No. 59 over Tucker Creek on SR 1324,(Tanasee Gap Road). Same, as B-4690.above. 8. B-4692; Haywood Co., Bridge No: 283 over Wesleys Creek on SR 1334. No special concerns indicated. Standard requirements should apply. ' We request that. NCDOT routinely minimize adveise impacts to fish and wildlife . ' `resources in the viciiuty of bridge replacements.. The NCDOT should install and maintain sedimentation control measures throughout the life of the project. and prevent wet concrete from ' contacting water in or entering into these streams. Replacement of bridges with spanning . structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Spanning structures allow wildlife passage along streambanks, :educing habitat.fragmentation I and vehicle related mortality at highway crossings. If you need further assistance or information on NCWRC concerns regarding bridge .replacements, please; contact me at (704).485-2384. Thank you for the opportunity to review and comment on these projects: cc:.. Cynthia Van Der Wiele, DWQ Marella Buncick, USFWS ~ Sarah Kopp]in;.NHP REPLY TO ATTENTION OF; DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS . 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROL]NA 28801-5006 Regulatory Division' June 10, 2003 Asheville Regulatory Field Office Mr: Mike Summers, Project Manager Bridge Maintenance Unit North Carolina Department of Transportation . 1565 Mail Service Center Raleigh; N.C. 27699-1565 Subject: ; Scoping comments for proposed Division 14 bridge replacement projects ,~ •DearMr: Summers; Reference your letter of May 1, 2003 regarding our scoping review and comments on the following proposed bridge replacement projects: 1. ~ .TIP Project No.'B-3430, Bridge No. 43 on SR 1.331. over Hanging Dog Creek, Cherokee County. ~ ` ''...TIP ProjectNo. B-3431, Bridge Na. 45 on SR 1331 over Beaver Dam Creek, ~;herokee County. 3. '.TIP Project No: B-4347, Bridge No. 3, on SR 1107 over Norton Mill Road, .., Jackson Coun ~'•_ . , 4: TIP Project No. B=4348, Bridge No. 156 on SR 1388 over Dicks Creek, Jackson County... 5. TIP Project No. B-4:549, Fsriuge No: 36 on SR 1388 over Dicks Creek, Jackson . . ... .,._ County. ~ ~ . - ~ . 6. TIP Project No: B-4690, Bridge No. 55 on SR 1324 over Tucker Creek, . Transylvania County. 7. .TII'.Project No. B-4691, Bridge No: 59.ori SR 1324 over Tucker Creek, . ~: Transylvania County.: ... . 8: ~ TIP Project No. B-4692; Bridge No. 283 on SR 1334 over Wesleys Creek, :Haywood County. Pursuant to Section 404 of the Clean Water Act of 1977, as amended, Department of the Army (DA) permit authorization will be required for the discharge of excavated or fill material in waters (and wetlands, if applicable) of the United States, including disposal of construction debris. Specific permit requirements will depend on design of the projects, -2- extent of fill work within the waters of the United States, construction methods; and other factors. Although these projects may qualify as a Categorical Exclusion, to qualify for nationwide permit authorization under Nationwide Permit #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. All activities, including temporary construction, access, and' dewatering activities, .should be included in the project planning report. 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..Accordirigly, the following items . need to be considered and addressed iri the planning and environmental studies for the subject. projects: a.. The studies/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 by the proposed .project. . b. Off-site detours are generally preferable to on=site (temporary) detours which impact waters or wetlands: If an on-site detour is.the recommended action,. justification, should be provided that demonstrates that alternatives with lesser . impacts are not practicable., .Please note that an onsite detour constructed on a spanning structure can potentially avoid permanent impacts to waters or. i wetlands and should be considered whenever anon-site detour is the. reconimended;action.. For projects where a spanning structure is not feasible; t ~ the NCDOT should investigate the existence of previous onsite detours at the site that were used in previous construction activities. These areas should be utilized for onsite detours whenever..possible to.muumize impacts.. For .proposed 4 projects and .assaciated onsite detours that cause minimal losses. of waters or . . wetlands, ari ~approved.restoration and monitoring plan will be required prior to'' issuance of a DA nationwide. or Regional 'general:permit.. For proposed projects . and assaciated on-site detours that cause more than minimal lasses of waters or wetlands, an individual DA pemait and a compensatory. mitigation proposal. for the unavoidable impacts may berequired. ~ : ~ ~ - c. Protect commitments should.include the removal of all temporary fills from- waters and wetlands and "time-of-year" restrictions on in-stream work if ' recommended by the NC Wildlife Resources Commission., ~. d. All restored areas should be planted with endemic vegetation including trees, if -3- appropriate. For projects proposing a temporary onsite detour, the entire detour area, including any previous detour from past construction, should be removed in its entirety. r E {Y F e i i- i i s `.. e. The report should, provide an estimate of the linear feet o£ new impacts to streams and. wetlands, or other waters 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 to the aquatic .environment, specifically addressing the passage of aquatic life including ; fish. The work must also not alter the stream hydraulics and create.... :, flooding of adjacent properties or result in unstable stream banks: g. The report should discuss and recommend bridge demolition methods and shall include the impacts of bridge demolition and debris removal in addition to the impacts of constructuxg the bridge; The report should also incorporate the :.bridge demolition policy recornzriendations pursuant to the NCDOT policy entitled "Bridge Demolition and Removal in Waters of the United States" .dated September 20, 1999, . h. Lengthening existing bridges can often benefit the ecological and .hydrological fixnctions of the associated wetlands and streams. In some cases bridge ,~;f17r..u~i;+s :;xti co±~~a.e:~twM'. to Fay°then.causeways that ware built over wetlands and streams. ,Replacing these causeways with longer bridges would, allow . previously impacted waters, wetlands and floodplains to be restoredr In.an effort to encourage this type of work, mitigation credit for wetland restoration ` . activities can be provided to offset the added costs of lengthening ari existing L•`R~r-a V .. i..:; Projects should 6e"screened to determine possible effects on federally protected species, .or cultural and historic resources known to .occur in proximity to or within counties of the. project areas, and appropriate consultation/coordination ,initiated .with the U. S. Fish and. Wildlife Service (Endangered Species Act) or . the. State Historic Preservation Officer (Historic Preservation .Act) o comply with the provisions of those regulations. i , i ~ U.S. Department of Gommander. Homeland Security ' ~' United States Coast Guard Fifth Coast Guard District M ~.. E United States Coast Guard _ 431 Crawford Street Portsmouth, Va. 23704-5004 Staff Symbol: Oan-b Phone: (757) 396-6227 Fax: (757) 396-6334 Email: LBonenberger@LANTD5.USCG.mil 16591. 29 May 03 Mr. Mike Summers Bridge Maintenance Unit North Carolina Department of Transportation _~_ 1565' Mail Service Center Raleigh, North Carolina 27699-1565 ..Dear Mr. Summers: This is in response to your letter,dated May 6, 2003, regarding eight bridge replacenctent projects in North Carolina:. ~ . The Coast Guard's main concern with proposed bridge projects is the impact they may have on navigation and whether the projects will require a bridge permit. In order for us to determine if a . bridge permit is required for each proposed bridge replacement, please provide the following information: . a. .Tidal influence of each waterway. I; b. Navigational use of each waterway. . .. . ~. c: The' depth of water and width of each waterway. ~. r1 list of adjacent property owners at each waterway. . Upon receipt of this information; w,e will inform you on the status of each bridge project: If you ` , contact Mrs. Linda Bonenber er, Bridge should have any questions regarding this matter, please g e Management Specialist, at (7.57) 398-6227. . SircPrel}', . .. I ~ ' i WAVERLY W. ,GORY; JR. 'Y! Chief, Bridge Administration Section J By direction of the Commander Fifth Coast Guard District s p14 1 North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator ivlichael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary Division of Historical Resource; David J. Olson, Director August 6, 2003 MEMORANDUM ' TO:. Mike Summers, Project Manager . ~ Bridge Maintenance Unit N.C. Department of Transportation FROM: David Brook ~ ~ ~~(~~- SUBJECT: Replace Bridge No. 36 over Dicks Creek on SR 1388 (Dicks Creek Road), neat Dillsboro 8-4349, Jackson County, ER03-1338 Thank you for your letter of May 1, 2003, concerning the above project. There are no recorded archaeological sites within the proposed project area. If the replacement is to be located along the existing alignment and there is no on-site detour, it is unlikely that significant archaeological resources will be affected and no investigation is recommended. If, however, the replacement is to be in a new location, or an on-site detour is proposed, an archaeological survey is recommended. ~. j We recommend that a Department of Transportation architectural historian identify and evaluate. any structures over fifty years of age within the project area, and report the findings to us. 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 fox your cooperation and consideration. If you have questions concerning the above comment; contact Renee Gledhill-Earley, environmental review coordinator, at :..919/733-4763. In all future communication concerning this project, please cite the above: . referenced tracking number. F ~ - DB:bj s ~~ '_ ! www.hpo.dcrstate.nc.us '~ Location. Mailing Address Telephone/Fnz . ADhiiNISTRATION 507 N. [ilount St, Raleigh NC. 4617 Mail Service Center, Raleigh NC 27699-4617 (9l9) 733-4763 •7 RESTORATION 5 15 N. [3lount St., Raleigh NC 4613 Mail Service Center, Raleigh NC 27699-4613. (919) 733-6547 •7 ,~ac~so~. ~o»nt~ ~>~x'bXic ~c~oo~s 398 Hospital Road ~sp° co,, c ~' ~ 4 Sylva, NC 28779 `~ .~. b~!~ ~~ a ~ (,L '! , i J ~ 4 ~ C.E. McCary III, Ed.D. ~'~..-~:»'`o b~ ° Superintendent ~c 5~~ May 23, 2003 Mike Summers NC Departiilent cf Transportaticn Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Mr. Summers: (828) 631-3331 Fax (828) 631-1956 Cell Phone 507-4054 Winston C. Reed Transportation Director Drtver's Ed. Instructor Bus Transportation will not be affected by Bridge # 3 on SR 1007; however, Bridge # 156 and # 36 would affect two school bus routes by cutting them short and leave us without access to the community. We understand and appreciate the work toward improving our bridges and roads and will work with you any way we can to accomplish these projects. Sincerely, Winston Reed Transportation I~isector ?~~.~ son County Schools Education is a Commitment: each child, each day, some way. APPENDIh B W LL Z ~ O ~ Z i w j ,~ r '• c~ rn ~,~~, r 0 N ~ ~~ ~ s~'~~ n ~~ w ~~ O ~~ Z ~ ~ y w w w cc~' c ~~ .. ~.~. m~ z c~ z~ m A ~r n~ D Z a~ C -rl ~~ ADDENDUM Historic Architectural Resources Survey Report Replacement of Bridge #36 on SR 1388 (Dic>~'s Creek Road) Over Dick's Creek Jackson County TIP NO. B-4349 Evaluation of National Register Eligibility Following review of the I~istoric Architectural Resources Survey Report for B-4349, the HPO determined that Dick's Creek Baptist Church appears eligible for the National Register under Criteria Consideration A: Religious properties and Criterion A for its historical importance as the Dick's Creek community center, school, and church. for over one hundred years, and that it is significant for its association with the development of a small rural community in Jackson County. The HPO found that most. of the alterations to the building are evidence of its community functions, and that it conveys integrity of design, setting, workmanship, feeling, and association. In a memorandum to NCDOT dated May 3, 2005, the HPO requested a National Register boundary description, justification and map for Dick's Creek Baptist Church (Appendix B). Boundary Description aad Justification The National Register-eligible boundary for Dick's Creek Baptist Church coincides with the property lines of the one-acre parcel on which the church sits. This boundary provides. an appropriate setting for the church.. The church faces northwest and sits approximately twenty feet from Dick's Creek Road (SR 1388), which constitutes the northwest boundary of the property. The land slopes steeply upward immediately behind the building. Most of the parcel is paved .for parking. The parcel lacks significant landscaping such as decorative trees and shrubs,.wallsr or paths. An open metal picnic shelter is located adjacent to the parking lot on the northeast side of the building. No outbuildings are present on the site. No grave markers~or burial sites were noted at the. site. Boundary Map The boundaries are shown on the attached map. _--t,.+ci [~i:tori_ :ar4:ilitc::Utrc. ~nni;.; Rclx;r; \t)~:lci~;h.tm Circa. ],ic...;,u~c ?f,tl; .~~:~' -N{y~b~•~°,~' '~i $ 'fit t6'. t` 3 ~4 .. `{. .'s ,u ~. k~r. ~5. .. L. ffi~~ r~'ri dry ~~' ... ~,_~ ~t ' '.4 ~ i H.a7 P ~Ur + it'" Z.ti - i'.... x%'1 . H: _ i~' ,~i. :.141 '_~,, >'r _ ry ~, $~'' dS ' } 'S ~ ~i.°• ^r.` .Y ~' li• ~,n.. f ~,,~ .,, . t ~~- ~. .T?:.. ~~. ~MY.r: ,~ ` ,fir, .~.. ~ •• ~ '.:y;,:,' ~~,; ~~, .i ... ~. ~. 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'.~~544:1."~ r, X41 tom... - r-. - _ „r,,.: ~~.,?`' K: '.•~..,,.,.d~.~ '.;~fk..t r•~ ..;'U ;t~sw' ~ ~}1'S.,a ~..• ,~,,.~. ;~ ~,~. .'" d'' y: t~ ° ,~ a'~'..''.^4''+..c:'•~'q e! ,(~~+jq': ~'' is'~. ..Tr.. r~~, uA~ 4~•r.;:" f !°~.:i ii 1'.t. ~ ~7}7 !C:. ":51~' ~.r . J17.; A,yT•. :..:... ,'r _",'nr. • '.,. u0,., ` y~ ry.:, ~rve • r 'h..~~yy 'Q~ ~. '.Jyk~.,h ~yru ~'. :.Y.' 4 Tim. x -'4Z`. / ,~j '~' •~°5. .~ ~ ',~' ,~.. s_4~ '~~`• .. _ '..~v i~ .K- :!~'k" .'t•~a:. 1~'4r=, ~'4 ~'' .YN"5'N..ti~>i. ``j, 4~..~.~~;,~ ,.~ :' ~ Y •. M._'. Wit . 5.. ' ,~.~.,( ~~ :'~.a f. ~~' ~.y~. ,.; ~,{ „'. -n~.~4 -fi; F trs. •,~~. :t'&";~J.;..,•_r.-'S'~,Yr,. ~. '.`s,s5_'R_ .'~°.r'~ ;Q.,,y,S J 1 '° ~'. ~ d~ :; ^'W _ j. ~ ~•h' 1 • WI' :.H:,. ~12 ~y ,~v~!!'~ y 1 ~~, _ (h , 'i'.-^ .:~s. 1F ti k'`~V~" :}•:~ ~U`s,'st!}.c`1 ~ ~,~,.~.k'_ ..e' '~R'3rf-i ~.'~' ~ 3L ,t, I~- ~ ..--5~ ':, .<y e . e ,r •: ~.. ..~~p. ~ a`.:' t.r~''~' °~?~e'z~"r.. ,,a,'p~ .~: >~: T` ~~~- ~su~'. ~• ',:. '° r,. . ... :,.4;~Lt•'r ~S:r. @' - ~`• ''~>~"..x',.,.', ~~`'~•~•, A.'u.,'~~~:~ `t. .'K;,:r ..sti; ~_~;t.!-'~` ..n;i_ ;r:.,. ,A'.=:. ~~~u,`~~~~~.~. •7} ~ • °. •'~' ~ 1,~~ L .9p w~'_'•~~''' .,1 d~'t 4}.' r f.~R;i. 4., z: 'd.~TB .,,~ .;'1"'• t`.. ~ ~ ~ ,~h.µ'FS~;. ~ i~'.~.11,4.• _ 3 n..-Y,,.. .i.u ..,~~...ti.~E,!;r'~'~ '•5: •. •:S°c~~g .. ~~.. ~~. !' Y1 Tty~,. ~_ yL~i.~`F'7~~.-a~''~•Y-~~ .t y~,~ * i31L~'+3 ,. yr ,,`{,-~•r• S~ i NATIONAL REGISTER BOUNDARY • ,; ~ ~ B-4349 i=ic~urs Nc _ _ Bridge No. 36 over Dick's Creek on SR 1388 ' ' - ' ~ - - '~ ` ' ' - ~ - ~_Jackson Courity, North Carolina Prepared For: 4•y }'`o,.> II ~ ~ 0 75 150 300, 450 600eet Natural Resources Technical Report T.i.P. B-4349 Replace Bridge No. 36 on SR 1388 over Dicks Creek Jackson County, North Carolina State Project No. 8.2961501 (WBS PE No. 33679.1.1) . Federal-aid Project No. PHF-1388(2) Prepared For: North Carolina Department o£ Transportation o~' ~~ ~~. ~ ~ ~ c~R°L a A ,~O ~,f,~ ¢~Q ~rFMTOf ~AN~Qo September 2003 Project No. 2002290.01 ~J~ahle o£ Contents 1. Xntroduction ............................................................................................1 1.1 Project Description.............. 1 ....................................................................................... 2 1.2 Purpose ............................. ........................................................................................................ 1.3 Methodology ...................... 1.4 Qualifications of Principal Investigators ............................................................................. 4 2. Physical Resources .............................................................. ................... 5 2.1 Soils ..................................... .........6 . ....................................................................................... 2.2 Water Resources .................................... ................................ 9 ................................................. 2.3 Physical Resource Impacts .......................... ~ .......12 ................................................................. 2.4 Aesthetic Values ............................................ ........13 3. Biotic Resources .......................... .......14 3.1 Vegetation and Plant Communities. ...................................... ~ ............. 14 .. ...........:.............................16 3.2. Terrestrial Wildlife .....................:. ......................................................................................... 3.3 Aquatic Habitats and Wildlife ....................:. ,,,,....,,._.,,...._,.. 17 3.4 Biotic Resource Impacts ...................:................................................................. . ................18 4. Waters o£ the United States ................................ ..........................:...... 20 .1 Surface Waters ............................... ., 20 4.2 Jurisdictional Wetlands ........................ .......................... 20 ...................................................... 4.3 Impacts to Waters .......................... ............................. 21 4.4 Permit Requirements ..................... ...... 21 ...................................:.............................................. 4.5 Mitigation ............................... ................................. 22 ............................................................... 5. Rare and Protected Species .............:....................:........................,......24 5.1 Federally Protected Species .................... .................. 24 . ........................................................... 5.1.1 Appalachian elktoe (Alaamidonta raveneliana) ............. ......................... 24 5.1.2 Carolina northern flying squirrel (Glaucomy.r sabrinur coloratu.r) ............................. 25 5.1.3 Indiana bat (Myotirsodalis) .:..:...:.................:... ......26 ..................................................... `x.1.4 Rock gnome lichen (Gymnodernza lineage)..........:. 5.1.5 Swamp pink. (Heloniar bullata) ...:..................:...... ........:..................... ................. 27 ... ............................:....... 28 5.1.6 Small-whorled pogonia (lrotria medeoloide.r) .........:.............:... .,.,,,,;,,,,,,,,,, 29 6. Conclusions .............:................................ ............................................ 31 7. References .............................................................................................32 Figures 1. Project Vicinity Map 2a. Bridge.Construction Plan 2b. Terrestrial Communities 3. Soil Units 4. Area o£ Impacts Tables 1. Existing Soils 2. .Protected Species Listed £or Jackson County Photographs 1, ;[~troduct:iota Mulkey Engineers & Consultants, Inc. (MULKEY) has been retained by the North Carolina Division of Txansportation (NCDOT) to prepaxe a Natural Resources Technical Report for the. proposed replacement of Bridge No. 36 on Dicks Creek Road (SR 1388) over Dicks Creek in Jackson County, North Carolina: The following report is submitted to assist in the consideration of alternative designs for the proposed project. 1.1 Project Description The proposed- project, identified as TIP No. B-4349, will replace Bridge No. 36 over Dicks Creek at its existing location on existing grade in Jackson County, North Carolina (Figure 1). The existing bridge has a timber floor on steel I-beams with concrete abutments and has one span for a total length of 25.6 £eet (7.8 meters). The clear roadway approach is approximately 20 feet (6.1 meters) while the section of road over the bridge is 19.2 feet (5.9 meters) wide. The bridge, built in 1974, is currently in poor condition and is classified as functionally obsolete. The existing road right-of--way is assumed to be 30 feet (9.1 meters) on the centerline. Rehabilitation of the existing structure is not a feasible option due to its age and deteriorating condition. The new bridge will be approximately 50 feet (15.2 meters) in length, and 30 feet (9.1 meters) wide and consist of concrete on concrete superstructure with vertical abutments. The existing centerline will be shifted 6 feet (1.8 meters) upstream. The ^.pr.•':~:.f:':~ ~o~~lway is appro::_i.-r~,.<*~'~,. '.`~ fee!- (10 m.erers), This rPplacernectr_ will reslalt: in. ~. safer structure, consistent with federal and state bridge design standards. A "No Build" alternative is not feasible given the poor condition of the bridge. The only design alternative is to replace the bridge on existing location and have one lane open at all times for traffic flow. Discussions o£ the "No Build" altemative are not included in this report since there are no impacts to natural resources from its implementation. This report describes the natural systems associated with the project's study area as defined below. Natural resource investigations were completed using a study corridor approximately Page 1 of 35 250 feet (76.2 meters) long, as measured from each end of the bridge, and 50 feet (15.2 meters) wide, as measured from the centerline of the roadway (Figure 2). The project study area denotes the area bounded by the proposed construction limits. The project vicinity describes a larger area that extends approximately 0.5 miles (0.2 kilometers) on all sides of the study area. The project region is the area represented on a standard 7.5-minute U.S. Geological Survey (USGS) topographic quadrangle map. 1.2 Purpose The purpose of this technical report is to inventory, catalog, and describe the natural systems within the study area. Impacts resultvng from the proposed action are identified and estimated based a conceptual design and construction occurring within the stady corridor as described above. Actual impacts may be less depending on final design requirerrxents for cut and fill slopes and roadway approaches to the bridge. The NCDOT currently owns existing right-o£-way along this road. Recommendations are included in this report for measures which will m;n;m;7e resource impacts. These descriptions and estimates are relevant only in the context of existing preliminary design concepts. If parameters and criteria change, additional field investigations will be conducted. 1.3 Methodology Field investigations along the project area were conducted by qualified biologists from MULKEY between April and July 2003. Field surveys were undertaken to detel7ntne natural resource conditions and to document natural communities, wildlife, and the presence of protected species or their habitats. Published information regarding the project area and region was derived from a number of resources including: USGS 7.5-minute topographical quadrangle maps (DUhittier and Sylva North, North Carolina), U.S. Fish and Wildlife Service (USFWS), National Wetlands Inventory (NWI) maps, USGS aerial photomosaics of the project area (1"=100, and Natural Resources Conservation Service (MRCS) soil survey maps of Jackson County. Water resources information was obtained from publications of the North Carolina Division D....~. 7 ..F '2 K of. Water Quality (NCDWQ), Infoi-~~xation conceraiclg the occurrence of f'edexal and state protected species within the project area and vicinity was gathered from the USFWS list o£ protected species and the North Carolina Natural Heritage Program (NCNHP) database of rare species and unique habitats. Dominant plant species were identified throughout each strata for all natural communities encountered. Plant community descriptions are based on those classified in Schafale and Weakley (1990), where applicable. Names and descriptions of plant species generally follow Radford et al. (1968), unless more current information is available. Animal names and descriptions follow North Carolina Wildlife Resource Commission (NCWRC, 2003), Conant and Collins (1998), Lee et al. (1980 et seq.), Rohde (1994), Stokes (1996), and Webster et al. (1985). Scientific nomenclature and common names (when applicable) are provided for each plant and animal species listed. Subsequent references to the same organism include the common name only. During field surveys, wildlife identification involved a variety of observation techniques, which have included active searching and capture, visual observations (both with and without the use of binoculars), and observing tkie characteristic signs of wildlife (sounds, scats, tracks, and burrows), Any organisms that may have been captured during these searches were identified and released without injury. Quantitative water sampling was not undertaken to support existing data. T;~yg~?.'.Ct',c~~?•,;1 w't'=.; :x ~l"tertPal21?,t'<•~:.~., ,.(':~., ~ ~ ..~' ~ 1 ~ . .e,_ o -m.ed u.sirg tie three-p~,.r>m.:-.~.~~: approacl-. --.s prescribed in the Corps of Engineers Wetlands Delineation Marra~al (Environmental Laboratory 1987). Supplementary technical literature describing the parameters of hydrophytic vegetation, hydric soils, and hydrological indicators were also utilized. Wetland functions were evaluated according to the NCDWQ's rating system; 4`E` version (1995). Surface waters in the project area were evaluated and classified based on a preponderance of.perennial stream characteristics as defined in NCDWQ's Strum Cla.rr~cation Method, 2°d version (1999). Page 3 of 35 1.4 Qualifications of Principal Investigators Investigator: Julie R. Gibson, Scientist Education: BS Earth and Environmental Science, Lehigh University .MNR (Natural Resources -Restoration Ecology), North Carolina State University Experience: Mulkey Engineers & Consultants, June 2003 to present Naturalist, Moms County Park Commission, January 2000 to August 2001 Expertise: NEPA investigations, Section 7 field investigations, wetland determinations, and habitat assessments Investigator: Cindy S. Carr, Scientist Education: BS Natural Resources (Ecosystem Assessment Concentration), North Carolina State University ASBA Business Administration, Calhoun State College Experience: Mulkey Engineers & Consultants, November 2002 to present Biologist, ARCADIS, May 2000 to Novembex 2002 Sample Manager, CH2M HLLL, October 1989 to June 1996 Certifications: Wetland Professional-In-Training, Society of Wetland Scientists Stream ID and Buffer Rule Applications Program, NCDWQ Benthic Collection Protocols for Stream Restoration, NCDWQ Expertise: NEPA investigations, Section 7,field investigations, wetland determination and delineation, stream determination and delineation, stream and wetland restoration, habitat assessments, Rosgen stream assessment acid classification, and HAZWOPER. 2. l'~z~yszcal Resources The .project site encompasses an area in Jackson County about 3.5 miles (5.6 kilometers) north of Dillsboro and about 4 miles (6.4 kilometers) northwest of Sylva. Jackson County is situated in the southwestern part of the state and shares a border with Swain, Macon, Haywood, and Transylvania Counties and with South Carolina. The site is located in the Blue Ridge physiographic province. The geography of Jackson County ranges from relatively Ilat basins and narrow valleys to rolling hills and very steep mountains (She~ill, 1997). The majority of the county area is located in the Tuckasegee River watershed, which drains toward the nortlx. Small portions of the county in the southeast and southwest comers are drained by the Whitewater River and Chattooga River, respectively. Elevations in the project,axea range from approximately 2,000 feet (610 meters) above Mean Sea Level (msl) near Dillsboro to approximately 3,960 feet (1,207 meters) in the Nantahala National Forest gamelands, northwest of the project site. The geology underlying the project area is part of the Alligator Back Formation in the Blue Ridge Belt. As part of the Coweeta Group, it consists of intexlayered enigmatic rock that is gradational with biotite- garnetgneiss and amphibolite. Quartz and alumino silicates. are locally abundant (NCDLR 1985). The project area is a part of the low and intermediate mountain systems,. where foienation of soil syster`-~s is affected more by parent r~~aterial trick, aspect, and landscape position than by elevation (NCSU, 1999). "I'he project site is located widen multiple flood hazard zones as defined by the National Flood Insurance Program (FIRM) o£ the Federal Emergency lYlanagement Agency.. The narrow valley sui~ounding Dicks Creek, including the project site, is located within Zone A. The majority of the surrounding area is located within Zone X. The zone designations within the project area axe shown on FIRM panel 370282 0050C fox Uzuncorpoxated Jackson County, effective May 17, 1989. Zone A is the flood insurance rate zone that corresponds to t}-~e 100-year floodplains that are determined ire the Flood Insurance Shady by approximate methods. No Base Flood Page 5 of 35 Elevations (BFE) or depths are shown within this zone because detailed hydraulic analyses are not performed for such areas. Mandatory purchase of flood insurance requirements apply to this flood zone. Zone Y is the flood insurance rate zone that corresponds to areas outside the 100-year floodplains, to areas of 100-year sheet flow flooding where average depths are less than 1 foot, to areas of 100-year stream flooding where the contributing .drainage area is less than 1 square mile, or to areas protected from the 100-year flood by levees. No BFEs or depths are shown within this zone (FEMA, 1989). 2.1 Soils The process of soil development depends on both biotic and abiotic influences. These influences include past geologic activities, nature of parent materials, environmental and human influences, plant and animal activity, time, climate, and topographical position. Soil associations axe defined as landscapes that exhibit distinctive proportional patterns of soils consisting of one or more major soils and at least one minor soil. The soils within an association generally vary in slope, depth, stoniness, drainage, and other characteristics (Sherrill, 1997). The Soco-Stecoah-Cheoah association occurs in the project area. The Soco-Stecoah-Cheoah association map unit makes up about four percent o£ Jackson County. It is found on rugged, dissected mountains that have long side slopes and very narrow, winding ridgetops and drainageways. Slopes range from 15 to 95 percent. Drainageways join and become creeks, which join the rivers. Approximately 32 percent of this association is made up of Soco soils, 25 percent of Stecoah soils, 22 percent of soils, and 21 of other minor soil'units. These minor soil units include Spivey and Santeetlah soils in coves and along toe slopes, and Cullowhee, Nikwasi, and Reddies on narrow floodplams. Small areas of rock outcrop are also included in this map unit.. Soils mapped in the project area are the Cheoah unit and the Junaluska-Tsali and Spivey-Santeetlah complexes, as described below (Sherrill, 1997). These soil units are summarized in Table 1 and shown in Figure 3. Hydric soils are defined as soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration or riydroihytic vegetation (Cowardin et al., 197~J. A growing season is the portion of a year when the soil temperature measured 20 inches below the soil surface is above 41 °F (Environmental Laboratory, 1987). Based oz~ data available from the NRCS National Weather and Climate Center station located at Cullowee, I`TC, the growing season for the area of Jackson County that includes the project site generally occurs between late March and late.October (NRCS, 2002). Soils referred to as "hydric A" are completely hydric throughout the mapped soil uxut. "Hydric B" soils are non-hydric soils that contain inclusions of hydric soils, usually in depxessional areas or along the bolder with other soil units. Based on the Jackson County soil survey, no hydric soils occur in the project area (Sherrill, 1997): Cheoah (ChF) soils are very steep, well drained soils that develop on north to east facing or shaded side slopes o£ intermediate mountains. Permeability is moderately rapid and depth to bedrock is more than 5 feet (1.5 meters). Surface runoff is slow in undisturbed areas but rapid in disturbed areas or where forest leaf litter has been removed. The soil may be frozen for long periods during the winter and may take longer than other soils to warm up in the spring. Underlying bedrock maybe susceptible to landslides, especially during periods of intensive rainfall and heavy traffic. Rock seams bearing large quantities of sulfur may be exposed during construction. If this sulfur is washed into nearby streams i.t can harm or kill aquatic life by increasing the acidity of the water (Shexrt11,1997). Junaluska-Tsali complex QtF) is composed of moderately deep, well drained Junaluska soil -. ... -.. .. ,_!. '~. _3;°tl, SC',. F( LCD Cti"iJ,,~..<.ci i'. side slopes irz the low mountains. Individual areas are irregular in shape. Junaluska soils foamed in saprolite weathered from metasedimentary socks; such as phyllite or metasandstone, and make up 60 to 70 percent o£ the complex. Tsali soils formed in saprolite weathered from metasedimentary rocks, especially phyllite, and make up 20 to 30 percent. Junaluska soil surface layer is typically dark brawn channery fine sandy loam, and subsoil is strong brown channery oam and yellowish red channery clay loam. Tsali soil surface layer is dark brown channery fine sandy loam, and subsoil is brown and yellowish red. channery fine sandy loam. This soil complex has a moderate permeability and slow surface runoff rate in undisturbed areas. However, disturbed areas have a rapid runoff rate. Depth Pale 7 of 35 to high water table is greater than 6 feet (1.8 meters) from the surface for the entire complex. Depth to bedrock is roughly 20 to 40 inches (51 to 101 centimeters) in the Junaluska soil and 10 to 20 inches (25 to 51 centimeters) in the Tsali soil (Sherrill, 199. The Spivey-Santeetlah complex (SrD) and (SrE) is composed of moderately steep, very deep, well drained Spivey and Santeetlah soils. This unit is Found on benches, toe slopes, and along drainageways in intermediate mountain coves. Spivey soils are formed in colluvium and local alluvium from soils underlain by metamorphosed sedimentary rocks that~have moved downslope. They make up 45 to 55 percent of the complex. Santeetlah soils are formed in colluvium from weathered metasedimentary rocks and make up 25 to 35 percent of the complex. This soil complex has a moderately rapid permeability and slow surface runoff xate in undisturbed areas. However, disturbed areas have a medium to rapid runoff rate. Depth to bedrock is more than 5 feet (1.5 meters). The seasonal high water table is more than 6 feet (1.8 meters) from the surface. A commonly applied indirect measure of the quality of a site for potential use in forestry production is the site index. The site index reflects the relationship of average tree height of dominant and codominant trees in a stand to the age of the stand, usually an even-aged stand of 50 years (Avery and Burkhart 1983). County soil surveys typically include site index information for selected species for each soil map unit. The site index ranges for the map units found at the project site are provided below. °p;, .,;:.. ; ;~ ~•~ ~ ~ • • • _ ;Y _•~=~,: `:":.~ .:~; ;...:~.,~~~:~~'' ; • ~~ ~ ~~ i `: ' ` ~ " :Site •tide Rari'e ~ ~ 7~ V'~u~'~;.y~+nr'• ~' ~"~'i g,;, ; ;., :F , • ~, r . y;~• ' .::~:, ro • h"~i,`i: 1G~ , ~. a ^ J . ~''~ . . •:. ~,,.;..; g ~ , ~W:k rl:, ._ iii:' - p :: ..ta'yeN:v:~.C.;="2,Li•~i:,; ,:`SK4. 'd, 1 :11.~~~i vtr: ~;~:..~~~,:,A• }r~t.: .~~ ChF Black cherry (Prunus rerotina) American beech (Fagtrr americana) 74 to 103 . Northern red oak (Quercur rubra) Yellow poplar (Liriodendron tulipifera) JtF Eastern white pine. (Pintrr rtrobur) Virginia pine (Pinar virgirtiana) 52 to 86 Scarlet oak (Querct~r caccinea) ' SrE Eastern white pine. (Pinar rtrober) Northern red oak (Qtrercur rubra) 80 to 100 ~. Yellow poplar (Liriadendron tulipifera) ' SrD Northern zed oak (,Quercur rubra) Eastern white pine (Pinar rtrnber) 80 to 100 Shortleaf pine (Pinar echinata) 2.2 Water Resources The project site is located within the Tuckasegee River `watershed of the Little Tennessee :ta-ver k'~asin. 'Ibis aavex basics 'rlegins in northeastern ~eo:~gia and flows northeastward through seven large, unique mountain ranges before joining the Tennessee River in eastern 'Tennessee (NCDWQ, 2002). The Little Tenness~°e R.ivex is crirical habitat for three £edexally listed endangered species: a fish, the spotfizz chub (Cyprinella monacha), and two mussels, the Appalachian elktoe (Alasmiilonta raveneliana) and the little-wing pearly mussel (Pegiar fabula). Dicks Creek converges with the Tuckasegee River about 2.5 miles (4 kilometers) downstream from the project site. Approximately 660 feet (201 meters) north of the project area, the East Fork Dicks Creek and the West Foxk Dicks Creek converge to form Dicks Creek. Several smaller tributaries drain into the West Foxk Dicks Creek upstream of the project site. Page ,9 of 35 . Dicks Creek is located within Little Tennessee River Subbasin 04-04-02, which includes. Fontana Lake and the Tuskasegee River. The.NCDWQ stream izidex number for Dicks Creek is 2-79-42 and the USGS 8-digit hydrologic unit is OG010203.. The NCDWQ classifies surface waters of the state based on their intended best uses. The North Carolina Administrative Code.provides a working definition for perennial, intermittent, and ephemeral streams (NCAC; 1999). Perennial streams have water flowing in a well defined channel for a majority of the year (greater than 90 percent of.the time). Dicks Creelfi is a perennial stream that accounts for the surface waters in the project area. and are designated as Class "C" Tr waters: The class C designation denotes freshwaters protected for secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, and bthers uses. A Tr designation indicates freshwaters that are protected for natural trout propagation and . survival'of stocked trout species (NCD.WQ, 2002): . The stream channel associated with Dicks ,Creek averages approximately 8 feet (2.4 meters) wide in the project area; and 1 foot (0.3 meters) deep, with a substrate of cobble and bedrock. Bankf„11 width averages 17 feet (5.2 meters) and bank height averages 2.5 feet (0.7 . meters). Riffle and run sequences are established with deep pools present. Dave Rosgen of ' ~ Wildland Hydrology, Inc.. has established a classification system for stream channels based. . on fluvial geomorphologic principles and landscape position. Based on this classification method and field observations during the site visit, the stream appears to be a Type Bc; a high energy, cascading, with step/pool sequences, very stable with bedrock and cobble dominated channel. ~ Section 303 d of the Clean Water Act re utter states to develo aast'of waters not meetin r • • water quality standards or which have impaired uses: ~ Waters maybe excluded from the list if existing control sttategies•for point.and nonpoint source pollution will• achieve the . j standards .or uses (NCD~7V.Q 1999).;: North Carolina's 303(d) list is a. comprehensive public ' accounting of all impaired waterbodies in the state. A review of the 303(d) found that none of the streams located in. •the project vicinity, including Dicks Creek, were included on the t current 303(d) list (NCDWQ, 2003a). ~ ~ . Page 1 n ~f 35 7 rie Ambient Mo:aitoxing System (AMS) is a network of stream, lake, and estuarine water- quality monitoring stations strategically located for the collection of physical and chemical water-quality data. The type of water-quality data or parameters collected is determined by the waterbody's classification and corresponding water quality standards: The AMS :. deterniines the "use support" status of waterbodies, meaning how well a waterbody supports its designated uses. The only AMS monitoring station in Jackson County is.located iri Bryson City. There axe no AMS monitoring stations along Dicks Creek (NCDWQ, 2003b). However, the NCDWQ has classified Dicks Creek as fully supporting (FS) its uses.' A fully i supporting rating is given to waterbodies that fully support their designated uses and ~ generally have good or excellent water quality (CGLA; 2003). 'I The nearest benthic macroinvertebrate sampling.site to the.project area.is located approximately 5 miles (8 kilometers) downstream on the Tuckasegee River at SR 1377 ~(IVlacktown Road), west of Sylva: This site was last saxnpled in`1999 and was given a E ~. bioclassification rating of good (NCDWQ, 2002). The North Carolina Index.of Biotic - Integrity (NCIB~ is used to assess the biological integrity of streams by examining the structure and health of the, fish community. The index incorporates information. about species richness and,compositi.on, trophic composition; fish abundance and fish cozidition. . No NCIBI ratings are currently available for the project area (NCDWQ, 2003c). 1 i i. i. t' . :. ... !. • i i .: Point source dischargers throughout North Carolina :are regulated through the National. Pollutant Discharge Elimination System (NPDES) program. Dischargers are required by 1<:-,v t:o :aegis te.r for a permit: Acccr_ding to NCDWQ (2002), there ar;~ 1 ° 1-?er~~.~itt:~u Ni'DES •~ • dischargers witlvn die,04~04=02 subbasin. The two lazgest dischargers aze the waste ~rateie . treatment plants (WWTP) operated; by the Tuckasegee Water and Sewer~Authority. Two of :. the WWTPs discharge. to Tuckasegee River'and Scotts Creek downstream from the project 'area.:. No significant coinpliance`or toxicity problems, Have been'reported for any. facility` operating in this subbasin during recent years (NCDWQ, 2002).- The pritnaty sources of water quality degradation in urban~~areas are non-point sources 'of discharge, which include surface water runoff and construction activities: Short-term impacts to water quality from construction-related activities include increased sedimentation Page 11 of 35 1 and turbidity. Long-term construction related impacts to water resources include substrate destabilization, bank erosion, increased turbidity, altered flow rates, and possible temperature fluctuations within the channel due to removal of streamside vegetation. Precautions should be taken to'rnin;mi~e impacts to water resources from runoff and erosion in the project area. Jackson. County.has locally-delegated erosion and sediment control programs that require erosion and sediment control plans for activities disturbing more than one acre (0.4 hectare) of land. F I R • 1 2.3 Physical Resource Impacts Project construction for road widening or new roadway location will impact soils and topography within the project area. The primary sources, ofdater-quality degradation in: rural areas are agriculture and construction. Precautions should be taken fo irLnirni~e impacts to water resources in the •project area. Construction related impacts to water . resources include loss of aesthetic values, substrate destabilization; bank erosion, increased turbidity,'altered flow rates, and possible temperature fluctuations within the stream channel .caused by removal of stream-side vegetation. Short-term impacts to water quality from . , c~nstrizction-related activities are related to increased sedimentatioxl and• turbidity. Aquatic oxganisrns are very sensitive to the discharges and inputs resulting from . construction..Appropriate measures must be taken. to:avoid spillage and control.ninoff. . Such measures should include an erosion and sedimentation control plan; provisions for . waste materials and storage, stormwater management measures,` and appropriate road 'maintenance measures. NCDQT's Bert Management Practices for ProteFtion of Surface.. i~aterr:, (BMPs = PS~ and Sedimentation Control guidelines. should be strictly enforced during the construction stages of the project. Long-term impacts to water resources may,include permanent changes to the stream Banks and temperature increases caused by the removal of • ~ stream-side vegetation. Bridge demolition activities to remove the existing bridge are included as part of the build alternatives. The bridge demolition activities associated with this replacement will strictly follow NCDOT's Bert Management Practicer for Bridge Demolition and Bemova! (BMP-BDR). As per the BMPs -BDR, all methods of demolition shall be considered and implemented where practical,.othex than dropping the bridge in the water. The proposed project is a Case 2 category as defined in the NCDOT's BMPs -BDR. The Case 2 category allows no work at all. in the water during moratorium periods associated with fish migration, spawning, and larval recruitment into nursery areas. The NCWRC has . identified pro}ubitions against in-stream activities fox the project area due to the presence o£ several aquatic species currently protected under state.and federal laws as well as for protection of rainbow trout (Oncorhynchzr.r myki.rr) (NCWRC, 2003c).. In-stream activities and land disturbance within the 25-foot (7.6-meter) trout buffer are prohibited from January 1 through Apri115 in order to prevent sedimentation from impacting fish eggs and fry., . downstream of the project site. ,. :2.4 Aesthetic Values .. . ,Aquatic ecosystems provide a sense of aesthetic values to many people. The discharge of dredged ox fill materials into an aquatic ecosystem can adversely affect the characteristics ox water quality,tvhich rriake the area valuable to the public and property, owners. ~ when these systems are impacted by discharge of dredged or fill material it. can xnas the natural beauty enjoyed by the public and private property owners as well as degrade water'quality,.cxeate distracting disposal sites, lead to inappropriate development, provide unplanned or . . . incompatible public access, darn.age the~visual distinctiveness of an area, 'or reduce biotic diversi4a. , . . J ~ .. .. ~. ~,...,- , ~. .. ~ .. . ~ Page 13 of 35 ..~ 3. Biotic Resources This section describes the existing vegetation. and associated wildlife that occur within the project area. The project area is composed of different vegetative communities based on ' topography, soils, hydrology, and level of disturbance. These systems are interrelated and in many aspects interdependent. Potential impacts affecting these communities are also discussed. Scientific nomenclature and common name (when applicable) are provided for i each plant and animal species listed. Subsequent references to the same organism include only the common name. 4 .. ` 3.1 Vegetation and Punt Communities The MULKEY field survey team observed three plant communities in the project study area: rich cove forest, montane alluvial forest, and man-dominated. The locations o£ these communities are presented in Figure 4 and photographs of the site ate included in the Appendix. ~. A narrow riparian forest community is situated along. the stream banks and adjacent floodplain surrounding the project site. This forested community is best classified as a ',i I' ~~ t I i i variation of Schafale and Weakley's (1990) Montane Alluvial forest. This community type occurs along'stream and river floociplains at moderate to high elevations and is typically dominated in the canopy by Canadian hemlock (Tsuga canadensi.r), yellow birch (Betula alleghaniensis), and sweet birch (B. lenta). Frequently, the understory is a dense ericaceous shrub layer of rhododendron (khododendron maximum) ox doghobble (L.eucothoe fontanesdana) (Schafale. and Weakley,1990).~, Thee;domirian~t species.found.in this community in the project. area included yellow birch,. Canadian hemlock, red maple (Acer nrbrum); tu]ip poplar . _. (L.iriodendron tul{pifera), hickory (Carya spp.), and sycamore (I'latanus occidentalis)~in the matvxe `canopy.: UnderStory. trees and.shrubs in the narrow riparian.buf£ex included rhododendron,.: tag alder (.Alnus serrulata), and yellow-root (Xanthorhi~a simplicirsima), doghobble, and buckeye (A.esculus rylvatica). A diverse herbaceous layer occurs in the understoxy of the surrounding 'slopes, wliich included jewelweed (Impatiens capensis), poison ivy(Toxicodendron radicans), bean/pea herbs (family Fabaceae), Japanese stilt grass (Microstegium vimirreum), and various grasses (family Poaceae). .. ;. Surrounding the narrow valley is a densely forested steep slope. This forested community is best classified as a variation of a Rich Cove Forest (Schafale and Weakley, 1990). This community is found at low to moderate elevations in moist sheltered coves and low slopes. The canopy can be vexy diverse, often, dominated by tulip poplar, yellow buckeye (Aesculus flava), basswood (Tilia americana), sweet birch, Northern red oak (,Quercus rubra), Canadian . hemlock, American beech, and Southern sugar maple (Acersaccharum). At the project site, this forest is found primarily upstream, of the bridge on the eastern slope above the stream bank, and downstream of the bridge on the western slope above the stream bank and the eastern slope above the road. This community is dominated by Canadian hemlock, white pine (Pinxs strobus), Northern red ;oak, black locust (kobinia pseudoacacia), and American beech, red maple (Acer rubrum), yellow bixch, and sweet birch in the mature canopy. The shrub and . woody vine understoryis dominated by'rhododendron, sourwood (Oxydenclron arbozreum), Virginia creeper (Partherioczsrus quinquefolia), .and. various oyerstory tree saplings. A :diverse herbaceous layer occurs in the, understory including may apple (Podophyllum spp.), trilliums (Trillium spp.), Christmas fern (Poystichum acrostichoides), rattlesnake. orchid (Goodyera tesselata), foamflower (Tiarella spp.), and. bellwort (Uvularia spp.).. Man-dominated communities represent areas that are periodically maintained by human influences, such as roadside and powex line rights-of--way, regularly mowed lawns, and open areas..Species include dock (Barmex'spp) plantain (Plantagd spp);`violets. (Viola spp.); . rnustaxd (Brassica spp.), clover (Trifolium spp:), poison ivy, Queen Anne's lace (Daucus carota), ar;.d various grasses (famiJ.y Poaceae). NCDOT maintains a 30=£oot (9.1-meter) right-of-way along Dicks Creek Road. A residential home is located.east.of Bridge No: 36 and north of , the road:: Acidic cove forest is located on a slope which steeply rises approximately 50 feet . . (15.2 meters) south from the road. Agarden lies between the home and riparian axes next to :Dicks. Creek: To the west:of.Bridge N:o.36 lies a church with paved parking lot south of the road, and forest with a footpath noxth of the road: ~ ; ~. Page 15, of 35 3.2 Terrestrial Wildlife The alluvial forest, cove forest, and man-dominated communities offer a high diversity o£ foraging, nesting, and cover habitat for many species of amphibians, reptiles, birds, and mammals. Species that may be associated with these types of communities are described below.. An asterisk (*) indicates the species that were directly observed or that evidence was noted during field reconnaissance. ` The project area likely has a small amphibian population which'may include salamanders and frogs. Salamanders forage on insects, both aquatic and terrestrial, crustaceans, worins, and . other organisms in forest floodplains and vernal pools. Salamanders can be.found in a t variety of habitats, although most are associated with small streams, vernal pools, and seepages: They can also be Found along strearr~s where stones, large branches,~and~othcr wood debris offer shelter fox both the salamander and their food. Thep axe active mostly at i . night, but can be found by ove~~+-~+ng logs and stones in wet areas along stream banks., While no' salamanders were observed, species such as the Eastern newt (Notophthalmus viridescens), spotted salamander (Ambystoma maculatum), blackbelly salamander (Desmagnathus quadramaculatus), and mountain dusky salamander (Desmognathus .ochmphaeus) are commonly found in mountain areas. Spring peepers (Hyla crucifer), pickerel frogs (Kona palustri.r), and green frogs (R clamitans) are likely to be present in the project area. Spring peepers mainly . inhabit woodlands, while pickerel frogs are found along shaded streams and wet areas. ~. .:, Green frogs live along streams, ponds, and lakes throughout North Carolina. Reptile species associated with the project area may include the Eastern box turtle (Terrapene carolirta); five-lined skink (Eumeces fasciatu.r), rough green. snake (Opheodays aestivus), and Eastern ` garter snake (Thamnophis sirlalis): Eastern box turtles eat a wide variety of plants and small ,animals, including poisonous mushrooms.: Five-lined skinks feed on spiders, crickets, ~~ grasshoppers, beetles, and other insects. Rough green snakes forage: on spiders, moth and butterfly larvae; crickets; and grasshoppers and will often.forage among visxes or shrubs . ... ~ along stream banks. The Eastern garter snake forages for earthworms, fish; and.amphibians in moist Forested environments near streams, marshes, and pools. j i Ivlany bird species may inhabit ox migxate through the project area. Inhabitants may include red-bellied woodpecker (Melanerpes carolinus), hairy woodpecker (Picoides villossrs); downy woodpecker~(P. pubescens), blue jay (Cyanocitta cristata), Carolina chickadee (Parais carolinen:ris), tufted titmouse (P. bicolor), white-breasted nuthatch (Siita carolinensis), American robin (Turdus mi$ratorius), northern cardinal (Cardinalis cardinalis), northern mockingbird (Mimes:polyglottos), wood thrush (Hylocichla mustelina), house finch (Carpodacus mexicanus), and Carolina wren (Thryothorzrs ludovicianus). Predatory species may include red-tailed hawk (Buteo jamaicensis), ..~ eastern screech owl (Otus asio), and barred owl (Stria varia). .. . A wide variety of mammals are expected to inhabit the project area and. surrounding la.ndstape. Virginia opossum ~(Dide phis virginiana), gray squixxel (Sciurfrs carolinensis), raccoon . i j ~ (Procyon lator); eastern spotted skunk (Spilogale putorius), and white-tailed deer (Oc~ocoileus virginianus) are species mostly likely to be found. These mammals have adapted to survival,in axeas where human impacts have, modified. the landscape.:; In addition, bats such.as the little brown inyotis (Myotis lucifugus), Eastern xed (Lasrurus borealis), and big brown bat (Eptesiczrs fuscus) may also be.present in the project study area. The big brown and little brown bats typically use man-made structures such as attics, barns, sheds, and bridges for sutnrner roosts.. They forage neax water and along streams; eating insects suck as beetles, flies, ' mayflies; stonefli.es, and mosquitoes.. The Eastern red bat often hangs in leafy tree tops near the edge of a clearing during sut<imer months. This bat species Forages near, street or outside . ~ ~ lights and eats mosquitoes, flies,true bugs; beetles; and other insects. ~No habitat ' appropriate for bats was found in the project area. . .. 3.3 Aquatic Habitats. and Wildlife ... :. .The aquatic habitat in the Dicks Creek drainage. area is expected to be diverse based on the stable fluvial georxiorphological conditionof the stream channel observed at. the time of the field visit: ~ Dicks Creek has a stream bed consisting of sand,'gravel; cobble; and bedrock ;. ' _ beneficial to macroberithic invertebrates including mussels. ~ Evidence o£ crayfish was. found :.. , .. .. at the :site visit. ~addisfly and snayfly.larvae.were found iii the.stream bed: ~ . . ~. Page 17 of 35 L .~ ~ _ .. ' Fish species associated with the project area may include fantail darter (Etheostoma flabellare), redline darter (Etheostoma vulneratum), Swannanoa darter (Etheostoma swannanoa), brook trout (Salvelinus fontinalis), rainbow trout (Oncorhynchur mykisr), brown trout (Salmo trutta), Northern hog sucker (Hypentelium nigricans), creek chub (Semotilus atromaculatus), saffron .shiner (Natropis rubricroceus); silvex.shiner (Notcopisphotogenis), warpaint shiner (Luxilus.albeolus),whitetail,shiner (Cyprinella galactura), and mountain brook lamprey (Ichthyomy~on greeleye). ,Several small fish averaging approximately 2 inches (5 centimeters) long were seen in the stream. The olive ~ darter Percirra s uamata. federal s ecies of concern and states ecial concern has Been observed rieas the mouth of Dicks!Creek according to NCWRC.. The Appalachian elktoe . (Alasmidonta raveneliana), federal and state endangered; wavy-rayed lampmussel (Lampsilis fasciola), state special concern; and wounded darter (Etheostoma vulneratum), state special E concern have also been noted in the Tuckasegee River. 4 ~ .. .. 3.4 Biotic Resource Impacts _ .., ._ _ ~ , . The proposed construction may impact nearly 0.8 acres (0.3 hectares) of terrestrial biotic coxnrriunities in ;the project study area, as summarized below. Impacts to terrestrial biotic communities are estimated based on preliminary conceptual designs .for replacing the existing bridge in place and are sumrr,ari~.ed below and shown in Figure 4..These impacts consist of ~ a roximatel . 0.4 acxes 0.1 hectares 'of alluvial foxes 0.2 acxes 0.1 hectares of cove foxes ~ and.0.3 aczes 0.1 hectares of man-dominated areas..The im acts are .based on a stud .. ' ( ) ,. ,..... y~ I comdor approximately 250 feet (76.2~meters) long, as measured from each end of the bridge, and 50 feet (15.2 meters) wide, as measured from the centerline of the roadway. Temporary impacts were, riot calculated because all roadway..construction should occur well within the . . , .... . . permanent right-of vvay boundaries. ~ . ... %`~g•:T +•.,^`.IS i:C~:• ;::.y.;, «~«;.?,;;.,•yY~4{{t`.•~~r"r. ~• °T ~l~l acts }.:.w:~9'~~~ :..•Comrriunity Description's'''. :4:-. ~' .Ages. (Hectares)' ~' • . Allu~rial Forest ~. 0:4 (0.1) .. ~ :: -Cove Forest ~ 0.2 (0.1) ' Man-Dominated Areas 0.3 (0.1) T'---'~o _r~r Temporary fluctuation in populations of animal species which utilize terrestrial areas is anticipated doting the course of construction. Slow-moving, buxrowirxg, and/or subterranean organisms will be directly impacted by construction activities, while mobile organisms will be displaced to adjacent communities. Competitive forces in the adapted . , communities will likely result in a redefinition of population equilibria. ~. ~ . Aquatic communities are acutely sensitive to changes in their er~vironm~nt and ~ - >.. environmental impacts from construction .activities may result in long-term or irxeversible effects. Impacts. usually associated with iii-stream construction include increased. . channelization and scouring.of the streambed. In.=stream construction alters the substrate and impacts adjacent.stream-side vegetation: Such disturbances within the substrate lead to . increased siltation, which can clog the gills and/or feeding mechanisms of bcnthic organisms, fish, .and amphibian, species.. Siltation may also, cover benthos' with excessive . amounts of sediments that inhibit their ability to obtain oxygen. These organisms are slow ,~ to recover and usually do not,.once the stream has been severely impacted. The removal of strearn~side vegetation and placement of fill material during construction :contributes to erosion and possible sedimentation..Quick revegetation of these ax~as helps to.reduce the impacts by.supporting,the underlying soils..Erosion and sedimentation may `carry soils; toxic cgriipounds, trash; and other materials into the aquatic communities at the : . construction site.. As a result, sediment bars may b.e formed both at the site and .. G.ow.~stream. Increased light penetration f.~~ria the renao~ s..t o~ ~,~~-ez .s ~ ~;.,.u.•~egetation rx~ay, 1 ~:~ .. .:.. .: ...... ,. ~ increase water teniperatures,~. Warmer water contains less~oxygen, thus reducing aquatic life ~ . that depends on high oxygen concentrations. • ~. .. . • :. } ~.. ~ • . ... .. ~ . Page 19 of 35 4. Waters o£ the United States Section 404 of the Clean Water Act requires regulation of discharges into "Waters o£ the. United States." ~ The U.S. Environmental Protection Agency (CJSEPA) is the principal administrative agency of the Clean Water Act; however, the U.S. Army Corps of Engineers ~LJSACE) has the responsibility for implerrientation, permitting, and enforcement of the provisions of the Act. The USACE regulatory progrann is defined in 33 CFR 320-330. ~ Water bodies, including lakes; rivers; and streams, are. subject to jurisdictional consideration under the Section 404 program. Wetlands are also identified as "Waters of the United ' States." Wetlands, defined in 33 CFR 328.3, axe those areas that are inundated or saturated ' by surface water or groundwater at a frequency and duration sufficient to ,support, and under normal circumstances. do support, a prevalence of vegetation typically adapted fox life in - ' saturated soil conditions. Any action that proposes to place fill into these areas falls under t the jurisdiction of the USACE under Section 404 of the Clean Water Act (33 U.S.C: 1344). 4.1 Surface Waters The.NCDWQ defines a perennial stream as a clearly defined channel that contains water for ' the majority of the year. These channels usually have some or all of the following characteristics:. distinctive stream bed and bank; aquatic life, and groundwater flow or discharge. Dicks Creek is.the only'pexennial stream'identified in the; project vicinity. ~. . . Detailed stream characteristics, including .specific water quality designations, are presented in Section 2.2 Water Resources. . r 4.2 Jurisdictional Wetlands ~ ~ . .. Wetlands have been defined;by the USACE as those areas that ate inundated or saturated by surface or groundwater long enough and frequent enough under noz~nal conditions to support a prevalence of vegetation adapted for life in saturated soil conditions ~ ' .. . ~ (Environmental Laboratory 1989). Based on this definition, delineation of jurisdictional ~ wetlands is based on the presence of three diagnostic indicators:.hydxophytic.vegetation, . _ hydric soils, and hydrology. Wetland determinations were completed as part of the . ' 1vIULI{EY field investigations. No wetland areas were identified in the project area. 3 { r i t 4.3 Impacts to Waters The proposed project is to replace the existing Bridge No, 36 in place. Traffic will follow an on-site detour using staged construction. Preliminary conceptual designs call for spanning ,the stream with a new badge and end bents. Bents should,be placed above the normal high water level in ordex to avoid impacts to jurisdictional surface waters. Removal of the existing bridge and construction of the replacement bridge may temporarily impact the Mitchell River. Increased erosion and sedimentation may result fxom roadside construction. Removal of vegetation may result in temporary increase in watex temperature. Quick . revegetation of these areas will help seduce the impacts by supporting the underlying soils and shading the stream. 4.4 Permit Requirements I Impacts to "Waters of the United States" come under the jurisdiction of the USACE. Permits are required for roadway encroachment into jurisdictional wetlands and surface. ~ ~ waters. The USACE Wilmington District uses Nationwide Permit 14 fox linear . txansportation crossings when ixnpacts~ to jurisdictional resources from dxedge or fill material are less than 0.5 acres (0.2 hectares) in non-tidal waters. As o£May 17, 2002, projects with no more than 300 total .linear feet (91.4 meters) o£ impacts to perennial or intermittent streams are eligible for a nationwide permit under the Wilinington.iDistrict Regional Conditions:. These regional conditions also require compliance with Nationwide General ! Condition 13 for projects with greater than 150 total linear feet (45.7 meters) of impacts az~.d ! projects that occur in mountain trout waters of the 25 designated counties; which includes `• Jackson County: General Condition 13 addresses requirements concerning notification and coordination with the USACE for permit applications. Notification to the USACE District ~ ` ,Engineer is made by submitting the PxeConstruction Notification £orm to the applicable. . ' regulatory field office. .. In addition; a Section 401 General Water Quality Certification (WQC #3404) is' also xequixed for any activity which map result in a discharge into "Waters of the United States" or for which an issuance of a fedexal Nationwide 14 permit or license is issued. Certifications are t n__: n~ _r~e ., ~ , ' . administered through the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality. • 4.5 Mitigation The USACE has adopted, through the Council on Environmental Quality (CEQ), a mitigation policy which embraces the concepts of "no net loss of wetlands" and sequencing. The purpose of fhis policy is to restore and maintain the chemical, biological, and physical integrity of:Waters of the United States, ~~specifically wetlands. ~ Mitigation~of:wetland impacts has .been defined by the CEQ to include: avoidance of impacts (to wetlands), minimizing impacts, rectifying impacts, reducuig impacts over .time, and compensating fox. impacts (40 CFR,1508.20): Each of these. three, aspects (avoidance, mnimization, and compensatory . mitigation) must be considered in sequential order. ~ Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters 'of the United States.. According to a 1990, Memorandum of Agreement (MOA) . between the USEPA and the USACE, in determining "appropriate and practicable". ', measures to offset unavoidable impacts, such measures should be appropriate to the slope . and degree, of those impacts~and. practicable in terms of cost, existing technology, and ' ,~ logistics,in light.of overall project purposes. MnnimiZaton includes the. examination of appropriate and practicable steps to reduce .the . '~ ~ adverse impacts to Waters of the United States. Implementation o£ these steps will be i ,. required through project modifications and permit conditions. Minimization typically ,focuses on decreasing~the foptpriiit of;the proposed project through the.reduGtion of. median widths, right-of--way widths, fill slopes, and/or road shoulder widths. Tlie following methods are suggested to minimize adverse impacts to Waters of the United States:` j .. ~.. ~ . . . ,. • Strictly enforce Best Management Practices (BMPs) to control sedimentatiozi during project construction.. ,. • Clearing and grubbing activity should be rn;nimized. • Decrease ox eliminate discharges into Dicks Creek and its tributaries. r • r_ nn _rnr '~ ~ Reestablishment of vegetation on exposed areas with judicious pesticide and herbicide management. ~ Minimization of "in-stream" activity. Use responsible litter control practices. Mitigation includes restoration, enhancement; or creation for wetland and stream functions and values that are lost when these systems are converted to other uses. Compensatory mitigation is not uo;emall~,considered until.anticipated.irnpacts to Waters of the United States have been avoided and minirni~ed to the maximum extent possible. It is recognized that "no net loss of wetland'.' functions and values may not be achieved in. each and every i permit action. Appropriate. and practicable compensatory mitigation, is required for , . i ' unavoidable adverse impacts which remain after all appropriate and practicable minimisation ~~ ' has been required. _. .. 4 ~ It is the decision of the USAGE and N'CDWQ to require mitigation fox irnpacts associated with project construction. The USAGE usually requires compensatory mitigation fox, activities authorized undei: Section 404 of the Clean Water Act when unavoidable impacts ;. total more. than 0.10 aczes (0:04 hectares) of wetlands or 150 ii:nea~ feet (45..7 linear rrieters) of perennial ox intermittent streams. The NCDWQ may require compensatory mitigation for activities authorized under Section 401 of the Clean Water Act for r~rnavoidable impacts . to more than 1 acre (0.45 hectares) of wetlands or.150 .linear feet (45.7 linear meters) of perennial streams. .. .,. ~ ~ .. . . :: i.. ,. • ~ .. ~ . . .. • .... i . ,. Page 23 of 35 5. Rare and Protected Species I i i Some populations of fauna and flora have. been, or are; in the process of decline due to either natural forces or their inability to coexist with humans. Federal law (under the provisions of Section 7 of the Endangered Species Act of 1973, as amended) requires that any action likely to adversely affecf a species, classified as Federally-protected be subject to review by the USFWS. Other species may receive additional protection under separate laws. As of the 24 February 2003,, Jackson County species list,, the,LJSFWS identifies four Endangered (E) species, two Threatened (T) species, and 39 Federal Species of Concern (FSC) as potentially occurring in the county. The Endangered and Threatened species include Appalachian, elktoe (Ala.rmidonta raveneliana), Carolina x~orthexn flying squirrel (Glaucomyr .rabrinu.r coloratu.r), Indiana bat (Myotia ,codali.r), rock gnome lichen (Gymnoderma ~ . lineare), swamp pink (Helonia.r bullata), small-whorled pogonia (Lrotria medeoloider), respectively. The NCNHP lists of January 2003 included these 45 species and identified 14.additional . ' species receiving-protection under state laws: The Jackson County FSC and the state protected species, their status, and the existence of suitable habitat within the project area 'are shown in Table 2. . Natural Heritage Program maps were reviewed on July 3, 2003 to determine if any protected, species have been identified near the project area: This map review confirmed that no protected species are located within a 1-mile (1.6-kilometers) radius of the liroject site. The . closest mapped population'are two FSC species, olive,datter (Percina squamata) and wounded darter (Etheortoma, varlneratsrm), which are located more than 1.5. miles. (0,8 kilometers): downstream from the project site, where Dicks Creek enters the. Tuckasegee River. 5.1 Federally Protected Species , ~ ; 5.1.1 Appalachian elktoe (Alasmidonta taveneltana) , . Federal Status: Endangered State Status: Endangered The Appalachian elktoe is a small mussel with a rxiastimun~ length reaching up to 3 inches (8" cm). 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 juveniles have ayellowish-brown color: Known populations of the Appalachian elktoe exist " in North Carolina in the. N'olichucky River (including its~tributaries. of the Cane River, North ' Toe River and South .Toe River); the Tuckasegee River, the Little Tennessee River and tributaries of the French .Broad River Basin including; the West and East Fork Pigeon Rivers and the Little River.. 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. Biological Conclusion: No Effect i c ~. !' ;. i -' S i t I Appropriate habitat for.Appalachian elktoe is likely present at the project site;, however field surveys were completed by Cateria Group; Inc. did not reveal any evidence of mussels in the project study area. This survey. was, completed on July 16, 2003. Mussel surveys were conducted, from the confluence with the Tuckasegee River upstream to a point approximately 328 £eet (100 meters) upstream of Bridge No. 36. No mussels were observed. A review of NCNHP reaps on July 3, 2003 shows that no known populations occur within a 2 mile (3.2 kilometer) radius of the project site. The replacement of Bridge No. 36 will not impact the Appalachian elktoe: ' ..•. _.~. .. ~.:i.~~.: ....:.....: ..~J2.,...l. L:~i-i i.ife~~~ ::: L~ 1.. ~,...,'`.. '. ~. '..... i?~.: i. C~'a: ~ ~... .........'.n .. ~':~~:`Z l.i-T.L Fedexal Status: Endangered `. .. . • •. . ..; .., .... .. ... . . ~ State Status:. Endangered . . The. Carolina northern flying squirrel has a~ large well-furred flap o£ skin along either side of . its body. This £urced 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 fxoin tree to tree: The Carolina flying squirrel is a noct<xrnaI mammal which .possesses along, broad, flattened tail (80 percent of head and body length), prominent eyes; and :dense, silky fur. It can be . ~ Page 25 of.35 a ~, 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. i i {~ i ! i c i " Several isolated populations o£ the northern flying squirrel have been found in the western part of North Carolina, in Haywood County, Yancey County, Jackson County and in the vicinity of Mt. Mitchell. Two other populations have been sited along the eastern Teruiessee mountains bordering North Carolina. This squirrel is found at elevations above 1,524 meters (5,000 feet) in the vegetation transition zone between the coniferous and northern hardwood forests: Both forest types ate used in search of food, while the hardwood forests . are needed for nesting sites. Biological Conclusion: No Effect Elevations in the project area are well .below the range in which the Carolina northern flying squirrel is found. A review of NCNHP snaps on July 3, 2003 shows that no known populations occur within a 2-mile (3.2-kilometer) radius of the project site. Since the bridge is to be replaced on existing location, it is anticipated that construction will occur well. within existing tight-of:way boundaries. Therefore replacement of Btidge.No. 36 will have no. effect on the Carolina northern flying squirrel. . 5.1.3 Indiana bat (Myotis sodalis) , Federal Status: Endangered State, Status: Endangered .. . The Indiana bat is a. medium-sized myotis, closely resembling the little brown bat (Myotz.r . lucifugur) but differing in coloration. -Its fur is a, dull grayish chestnut with the basal portion of the hairs of the back a dull lead color... This bat's underparts are pinkish to cinnamori;~ the heels of its feet are strongly keeled and its hind feet ate smaller and more delicate than in the M. lucifugur. The Indiana bat occurs in the Midwest and eastern United States as far south as northern Florida. In summer it is. apparently.absent south of Tennessee. Limestone caves with an D~.,e 7~ ..~ 2G average, ternpexatuxe of 3 7 to 43 degrees Fahrenheit (2.8 to 6.1 degrees Centigrade) in midwinter and average relative humidity of 87 percent are preferred fox winter hibernation. Summer foraging by females and juveniles is limited to riparian and floodplain areas, with creeks riot being used if riparian trees have been removed. Males forage over floodpLain ridges and hillside forests and usually roost in caves. Biological Conclusion: No E.f#ecc No caves or floodplavis exist within the project area. Suitable summer roosting habitat is . not available at the project site. The minimal riparian buffer along Dicks Creek would provide minimal foraging habitat. A review of NCNHP maps on July 3, 2003 shows that no .known populations occur within, a 2=Hole (3.2-kilometer) radius of the project site. Since the bridge is to be replaced on existing location, it is anticipated that construction will occur well within existing right-of--way boundaries.. 'T'herefore replacement of B.ti.dge No. 36 will have no effect on Indiana bat. ~ .. . 5.1.4 . Rock gnome lichen (G,yYnnoderma litteare) .Federal Status: Endangered State Status: 'Threatened Rock gnome lichen occurs in dense colonies o£ squamules (narrow strap-like lobes). The ends of the individual squamules are.blue-gray above and shiny-white below, grading to' C ,l ag tD i.,.c. ' base, and approximately 0.4 to 0.8 inches, (1 to 2. ceritirrieters) long.. Squamules grow parallel to "the rock surface and curl away at the tips. Fruiting bodies are black, borne singly ox in clusters; and are located at tree tips (and rarely at the sides) o£ the squamules:, They are ..:cylindrical, radially symmetrical, and can be eitheraessile or supported Eby short podetia (<0.08.inch/2 mm.in length)., This species appears to propagate primarily asexually. ~T'he rock gnome lichen is a ziarrow endemic, restricted to areas of high hurrudity. These high' humidity environments occur on high elevation (4000 ft/ 1220 m) rxiountaintops and cliff faces which are frequently bathed in fog. or lower elevation (2500 ft/762 xn) deep gorges Page 27 of 35 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. The high elevation habitat occurs in the counties of Ashe, Avery, Buncombe, Graham, Haywood, Mitchell, Swain, and Yancey. The lower, elevation.habitat of the rock gnome lichen can be found in. ~. .. the counties of Jackson, Rutherford and Transylvania. , ~ .. ~ : ~. . Biological Conclusion: No Effect ~E 6 Appropriate habitat for rock gnome lichen does not exist at the project site. A review of . NCNHP maps on July 3, 2003 shows that no known populations occur within a 2-mile (3.2- kilometer) radius of the project site.. Since the bridge is to be replaced on the existing. location, it is anticipated that construction will occur well within existing right-of--way boundaries.. Therefore, it is anticipated that replacement of Bridge No. 36 will have no effect on rock gnome lichen. 5.1.5 Swamp pink (Helonias bu1lata) Federal Status: Threatened . ~ " State Status: Threatened -Special Concern " ~ Swamp pink is .a perennial which is one of the first wildflowers to bloom. in the spiing. It . ~. possesses, fragzant, .pink flowers .that occur iri clusters of .30 to 50. Its dark evergreen; lance- shaped, ,and parallel-veined leaves form a basal rosette which arises from. a stout; stem which .can extend to a height of 8 to 35. inches (20, to 90 centimeters) during,floweririg.. This :plant .. . tends to reproduce by clonal root growth and tends to grow in~ clumps, close to~ the parent . plants. Due to this, plant populations`can be extremely dense with some populations in the " southern Appalachians having plant densities of.56 plants pet square meter (3.3 plants per square foot). Flowers 'are present from March to May. Pa~~ 28 of 35 In North Carolina, the largest populations of swamp p:u~lc ::_.-e fcu~~~. in the S'isgah National Forest in the "Pink Beds" area. Seven other populations occur in Jackson, Henderson.and Transylvania counties. Swamp pink occurs in numerous wetland habitats including Atlantic . white-cedar swamps, Blue Ridge swamps, swampy forested wetlands which border small streams, meadows and spring seepage areas. The species requires habitat which is saturated with.water, but not flooded. Swamp pink ranges over'seven states, 'and is often associated with evergreen, trees such as Atlantic white-cedar, pitch pine, American larch and black .spruce. Swamp pink is somewhat shade tolerant and needs enough canopy to minimise. . ~ , ', competition with other more aggressive species. Biological Conclusions No Effect ~ , No habitat exists in tike project study area for the swamp pink due to a lack of wetlands in . the area. A review. of N.CNHP .maps, on July 3, 2003'shows that no known populations :. ' .. occur within a.2-rriile (3:2-kilometer) radius of the project site. Since the bridge is to be replaced, on existing location,. it is anticipated that construction will occur well within existing ~ right-of way boundaries.. Therefore, it is anticipated that replacement of.Bridge No. 36 will have no effect on swamp.pink. ~ ~ ~. 1 3 i t `5.1.6 Szinall-whorled pogonia (Isotrza rxzedeoXoides)' Federal Status: Threatened ~ _ . State Status: Endarigered The ~sriiall-whorled pogonia is a perennial with long; .pubescent roots. Th'e stem is smooth . and hollow; measuring. 3.7 ,Eo 9.8 inches (9.5 to 25.0 centimeters) iui, height and tertiiinating iii a whorl of five or suc light green, elliptical leaves Ghat are somewhat pointed and measure up . ~ '.~~ to 3.2~x 1.G.indhes (8 ~ 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 scientificallydocumented, is purported to.occur under certain conditions: Flowers are present from mid-Map to mid June. .. Page 29 of 35 1 1 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. Biological Conclusion: No Effect r i . . Habitat for this species is available iri large regions of the project vicinity. At the project site, suitable habitat potentially exists :in the cave forest adjacent to Dicks Creek. However, frequent disturbance due to yardwaste dumping on the south side of the road, and heavy foot traffic near the pedestrian access on the north side of the road would inhibit the growth of small-whorled pogonia. Appropriate habitat for small-whorled pogonia does not exist in ', ~ the right-of--way areas adjacent to Dicks Creek Road. A search for small-whorled pogonia ~~ was conducted during a site visit on April 2, 2003 and on July 29, 2003. Even though this '~ . was not during the expected bloom period of mid-May to mid June, no plants with the vegetative 'characteristics of small-whorled pogonia were observed in the search corridor. Since the bridge is to be replaced on existing location, it is anticipated that construction will . occur well within existing right-of--way boundaries. Therefore, it is anticipated that replacement of Bridge No. 36 will have rio`ef£ect,on small-whorled pogoiua. A review of i'• NCNHP maps on July 3, 2003 shows that no known populations occur within a 2-mile (3.2- kilometer) radius of the project site. .. ~~ j . :. E ~. Page 30 of 35 1~ ~. ~O~iJ.C~.US1ot15 The proposed project, which is located about 3.5 miles north of Dillsboro in Jackson County, North Carolina, will replace Bridge No. 3G on SR 1388 (Dicks .Creek Road) over Dicks Creek on existing location. Existing right-of--way is assumed to be 30 feet (9.1 meters) ' $ozri the roadway centerline. Water resources ~ the, area include Dicks Creek: Diclt's Creek is classified as a Class "C" water, and also assigned as a TR. Dicks Creek is a perennial stream and therefore subject to USACE and NCDWQ jurisdiction under Section 404 and Section 401 of the Clean Water Act. No wetland areas were identified in the project area. Three plant communities were identified in the project study area: alluvial Forest, cove ~ forest, and man-dominated areas. Terrestrial: community impacts due. to construction are based on the permanent right-o£ wap boundaries and include approximately 0.4 acres (0.1 hectares) of alluvial forest, 0.2 acres.(0.1 hectares) of cove forest, and 0.3 acres (0.1 hectares) .. of man-dominated areas. Dicks Creek is a perennial stream and therefore subject to USACE i ' and NCDWQ jurisdiction under Section 404 and Section 401.of.the Clean Water Act. ~ . .. .. ;. ~ .. .. .. j .., , .~ 7. References ,Avery, Thomas E. and Harold E. Burkhart, 1983. Forest Measurements, Third Edition. McGraw-Hill Book Company, New Yoxk, NY. Conant R., and J: T. Collins, 1998. A Field Guide to Reptiles and Amphibians of Eastern and Central North America. Third Edition, Expanded. Peterson Field Guides. Houghton Mifflin Publishers, New York, NY. Cowaxdin, L. M., V. Carter, F. C. Golet and E. T. LaRoe, 1979. Classification of Wetlands .and Deepwater Habitat of .the United States. Fish and Wildlife Service, United States Department of the Interior. US Government Printing Office, Washington, DC. Environmental Laboratory, 1987. Corps of Engineers Wetlands Delineation Manual; E Technical Report Y-87-1. United States Army Engineer Wateirways Experiment . Station, Vicksburg; MS: Federal Emergency Management Agency (FEMA), 1989. Flood Insurance Rate. Maps, Map Service Centex., World Wide Web: : w b1.m c.fema. ov ~vebapp /commerce/command/EYecMacro/MAC' /ma~rn~ /c-arrl~p ~ ~ .ti, /rPpO1t?m sc_ tiTodtype=P~tcrosc media=SCANLcrosc state=130408crosc ctX-14912&msc co mxn=28495. Accessed on July 1, 2003: ~~ I~ I ~- R 1 Frideh, Jobe A., 1993. Final Rule, Endangered and Threatened Wildlife and Plants; La;rinigona decorata (Carolina Heelsplitter) Detei:iniried to be Endangered. '50 CFR ' Part 17, RIN.1018=AB75, published June 30, 1993: Department of The Interior, . LJ.S. Fish And Wildlife Service, Division Of Endangered Species. Lee; D. S., C. R. Gilbert, C. H. Hocutt; R. E:Jenkins, D. E. McAllister, and J: R: Stauffer, Jr., .. .. .. 1980 et seq. Atlas of North American.Freshwater Fishes: Noxtli Carolina Museum of Natural History; North Carolina Department of Agriculture; Raleigh; NC. North Carolina Biological Survey #1980=12. . T_ __ n n _ C n c Natural Resources Conservation Service (MRCS), 2002. Climate Information for. Jackson County, WETS Station NC2200 Cullowee. National Water and Climate Center. United States Department of Agriculture. World Wide Web: ~vcww.wcc.nres.usda.gov/cLmate/wetlands-},tml. Accessed on July 30; 2003. NatureServe, 2003. NatureServe Explorer: An online encyclopedia of life [web application]. ~ ~ Version 1.8. NatureSerye, Arlington, Virginia. World Wide Web: http://www.natureserve.org/explores. Accessed on July 7, 2003. .. .North Carolina Administrative Code (NCAC), 1999. Subchapter 1I -,Forest Practice i. Guidelines Related to Water Quality, Section .0100. 15A NCAC 1I.0102. Raleigh,' ' NC. i , North Carolina Division of Land Resources (NCDLR); 1985. Geologic Map of Nortli Carolina: North Carolina Geological Survey, Raleigh, NC. • North Carolina Division of Water Quality (NCDWQ), 2002....NC Water Quality Assessment and Impaired Waters List ,(2002 Integrated. 305(6) and 303(d) Report), Public Review Dxaft; June 2002. Modeling_and TMDL Unit; Raleigh, NC. World Wide Web: ://h2o.enr state nc us/tnndl/PDFs/nc2k li ~pdf; Accessed on July 3, 2003.. •, - .. .. .. _ ., >« _.. _.: ~'i (y .~.:. ..._... ~1 _.. 'i:' Cf YJa}.,__ ~LI..~'1_• ''" ~r`f zT; r.\ ^n~7. •,7~ i~ r i; • ~ ~ ;. .. .,~;, : ~.. ~ ....•~..~~aWater: Qualitj ~, Assessment.and Impaired Waters Li'st_(2002 Integrated 3d5(b):and 303(4) Report)., NC Department of Envirorunent and Natural Resources, Water Quality Section. Raleigh; North Carolina.. . '. ~ .. ~. .. ... ~ .. North Carolina Division of Water Quality .(NCDWQ), 20036. Ambient Monito:cing . ..... :. Network Department of Environment and Natural Resources, Water Quality . ~.... :. .. Section, Environmental Sciences Branch. World Wide Web. ~ Accessed on June 19,' . ~ 2003. ~~://w~vtv.esb.erir.state nc us/stations/ams htm ... .. Page 33 of 35 ~, North Carolina Division of Water Quality (NCDWQ), 2003c. NCDWQ's Fish Community Database - NCIBI Scores and Ratings, Little Tennessee River Basin. NC Department of Environment and Natural Resources; Water Quality Section, Environmental Sciences Branch: World ~Iide Web. Accessed on June 19, 2003. http:/ /www.esb.e:nr.state.nc.us/IBIrate.htm North Carolina Division of Water Quality (NCDWQ), 1999.. Internal Guidance Manual, Stream Classification Method, 2"d version. North Carolina Department o£ Environment and Natural Resources, Division of Environmental Management; Raleigh, NC. North Carolina Division of Water Quality (NCDW~, 1995, Guidance for Rating the Values of Wetlands in North,Carolina - 4~' Version. North Carolina Department of Environment and Natural Resources, Division of Environmental,Management; ... Raleigh, NC. - , North Carolina State University (NCSU),1999. Soil Systems. in North Carolina. Technical Bulletin 314. Soil Science Department, Raleigh, NC'.' . ~; . North. Carolina Wildlife Resources Commission (N.CWRC), 2003. North Carolina Atlas of Freshwater Mussels and Endangered Fish. Wildlife Species and Conservation. World Wide Web: http: / /www.ncwildlife.orgLpg07 Wil'dlifeSpeciesCon/ . pgZbl.httn. Accessed on January 27, 2003. Radford, A. E., H. E. Ahles, and. C. R.~Bell, 1968: Manual of the Vascular Flora of the Carolinas. University of North Carolina Press, Chapel Hill, NC. Rohde, Fred C., Rudolf G. Arndt, David G. Lindquist, and James. F. Parnell; 1994. Freshwater Fishes of the Carolinas, Virginia, .Maryland, and Delaware. University of NorthCarolina Press, Chapel Hill, NC. a D..,~„ '2A ..F 2S Schafale, M. P. and A. S. Weakley, 1990. Classificaticin of the Natural Communities of ~. North Carolina; A Third Approximation. North Carolina Natural Heritage Program, Division~of Parks and Recreation, Department of Environment, Health and Natural Resources, Raleigh, NC. ~ , .Sherrill, Michael L., 1997. Soil Survey of Jackson County. Soil Conservation Service, United . States Department of Agriculture Stokes, Donald and Lillian, 1996: Stokes Field Guide to Birds, Eastern Region. Little, Brown, and Company, New York, NY. j U.S. Fish and Wildlife Service (USFWS), 1992. Endangered and Threatened Species of the Southeastern United States (I'he Red Book), Regiotl ~. Schweinitz's Sunflower ... .. (Helianthx.r~chrveinit~iz): Department of the Interior, Division of Endangered Species. .. U.S. Geological. Survey (USGS), 2003. NWISWeb Data. fox North Carolina. , World Wide Wf~}l' }~tth• ~ ~~nofar~el-n „ar.~ .~.... /., .. /.-........ /... ~_. _.v __ / -.. ~--." r .- ,. .,` ~~~. ~/~ -~;~(_/~ ~iJ ~ES~ ,•v~~~ r j•~.J 'fir i h~ /J~' Ir ' `'/-~ f y J '~ ~ ~~,I ~ SSSS~ r~ ~Q, l ~~ry~ ,~ ~ ' ' `\` ~'\`' 1 r-~ %"'! '' ;``del 1 (,J i ~) { ) l ~ ;' • ~~ ~ ~ }; Vii`. J `~ I, •~( rte-/~i,%y;r~ ~ ~ tti ,J~~~ l~) 1 `~ • -'~~-•~ flg%, ~ •: = , ~~t 1 ~~ `~ ' ''. tit ~ ? i ;~~r~ . ~~.~1,, ~- , ~•': S % ~ ~ '~ ~• ..~ -.~ ., ~r, N ~ ~l\~ l ~~ ~1~~`~ --r. t Project Location , ~-,~'t), ~~•~•~, 1~'' ,_, .; \;y;(t=_ ~.; • I~ , • ,~', ` r;, ~so.y 1•y ..~..A ~` `~ ri1~~T~ - \,' ,~l ~,~ ,~~i~` ~ /~{~t t1~`' ~'qh ~,~/ 1~ ~ t,l ~~1 f-V` :` ^'t.i ~~ i ~~'•~~~_~~~~lf J~~ ~(1~/~i (I `J' ~ ~f ~ r'~ rrr f N~~~~~`ti`J ~;, y { 7 , / ~~( I ,~, i~t~ .) ~ ~~c '1/ (~~ SL ~L!%:l~kt~J r '', JI'~~\s '~~~~.1'~ i~' t ~~ ~•~1~~..~~ i /~.//~~ `//fir ( `t ~l~ t -~jf.{ ~ ~ _~f ~ 1. ~j, 11 ~f ~lr ij~. ~~ f ~( ~•-( ~r~ f+;' , ~^. ~ ~l'• `:\~, \O ~ ~ ~,~-,_~'.~~f ~~ ~'-='-e (~1 t~ ~.~~ y~ • l ;~ r ~` ' jr ~/~.r. i°' (~~„'~~ 1 ~~ ~4 \ `jl' ~~ ~ 1 ~`1'. ~-`..~! /`'~ ~~~r~:~ .._ ~ V' \~~ ~j\~~~I \`~} ~ '3~ `'`J/r'/t'~' i 1~ ('\\.~ + y~r~ ~; \~.'"r r~• r ,' \J~t~•~i~ "~1~~' _: G-;~~• ~1 () C~{?'. \1 ~i~`l'.~\ ~ ~~r 41~.\~~/1-~ ~\`..~~~ ``~ ~i (~y/~l•~`}~~.~./ `.(,~'l~~r r ( •Ir~ Melers USGS 7.5-Minute ~w~ o ~2s 2so soo • Aso ~,ooo Topographic Quadrangle Fi~~~~ ~®° E hl L' I N E E R 9 a CON 9 V L i ?. hl :~ FeBI Whittier, North Carolina o aso Aso ~,seo z,aao a,i2o Contour Interval 40 Feet Prepared For: ?~ PRO,l1=CT ViCI~IITV /:: ~/ fB-4349 l\; Bridge ido. 36 0~ Dicks Creek Rd. (SR 1388) over Dicks Creek -- ~ r,2YJ~ 0 a~ ' ~ a% . M r N C_ p O W ..J ~ a V ~ Ut ~~ ~~ O a~ cn v ~~? N II ~ 'o u r,,,_ ~ ~~„~ O J ~ a O ~ Q m t/7 '~ ' .. tC2 ii -•, N ~ L ~ a ,~ ~2 7 Z ~J m W Z ~ u c ~u NNmZ_ .V~p~ J ~pZ~.~ ~ fi ~'a'a CTCtk ~U IL~~~S ~ N ~ ~ ~ ~ ~ N ~ W o m O ~ ~ ° ~ c ~c as Q ~ Z O V ~ ~ ~~~ O 0 II r- w Q V Z ~~ J 7. _ ~Z ^ iu 0 • ~ u P ~ g d NNO Z_ N ~PPW ~q 10 Y W ~Z~~~ Z n mm2 ~ • PP~ W ~ P P; ss~ ChF~/-\ rE 1`_-'~oF~ / \\ SoF JtF JtF ChF ChF Project . Location JtF JQF ChF JtF Si tF ChF SoF SrD A ~ ~ SrE ~~ SoF SrD I l Jt~E SoF /~_ .----' SoF ChF SoF ChF SaF ~ SoE SoF SoF ~I JtF ~--~ ~~ ~-' JtF SrE t JtF ~ r ChF JtD SoF DfA SoF Legend ChF - Cheoah channery loam, 50 - 95 % slopes --~-- Streams JtF - Junaluska-Tsali complex, 50 - 95 % slopes -- Road9 SrD -Spivey-Santeetlah complex, 15 - 30 % slopes, stony Feel .:-.'~. 1 ~' ~ ~ ~. ~ ~ ~. o zes s3o ,.oso ,.590 2.,20 s„ ~ y pR,n o~o~~ Figure N®. Ehd GIM EER6 d ce~~EU LTAN7 0 7s 150 Mtlen SSURGO Data aoo Aso soo 1995 Prepared For. SOIL MAPPING UNITS ~'°p ~~'~ B-4349 Bridge No. 36 over Dicks Creek on SR 1388 Table 1. Existing Soils - Bridge Maintenance, Jackson Co. Notes; W = Well drained Available Water High Shrink- Site Taxonomy Slope Hydric Draihage Capacity Water swell Index Symbol Series (Subgroup) (%) Permeability Class. Class. (in) Table Potential Productivity ChF Cheoah Typic 50-95 moderately rapid - W .moderate >6 ft Low 74-103 channery Haplumbrept loam JtF Junaluska- Typic Hapludult 50-95 moderate - W moderate >6ft Low 52-86 Tsall - complex SrD Spivey- Typic 15-30 moderately rapid - W moderate >6ft Low BO-100 Santeetlah Haplumbrept complex SrE Spivey- Typic ~ 30-50 moderately rapid ~ - W low tc >6ft . Low 80-100 $anteetlah Haplumbrept moderate complex Yable 2. Protected Species Listed for Jackson County, North Carolina Habitat Federal State Preferred Available in Common Name Scientific Name Status Status Habitat Study Area Vertebrates Appalachian Bewick's Thryomanes FSC E Woodland borders or openings, Yes wren bewickii altus farmlands or brushy fields, at high elevations [breeding season only] Brown Creeper Certhia americana - SC Mountain high elevation forests, favoring No spruce-fir mixed with hardwoods. Peregrine Falcon Falco peregrinus - E Nests in high mountain cliffs. No Timber rattlesnake Crotalus horridus - SC Rocky, upland forests. No Green salamander Aneides aeneus FSC . E Damp, shaded crevices of cliffs or rock No outcrops in deciduous forests (southern mountains) Hellbender Cryptobranchus FSC SC Large and clear fast-flowing streams Yes afleganiensis Northern pine snake Pituophis FSC _ Sandhills with pines and scrub oaks, and No melanofeucus sandy flatwoods Olive darter Percina squamata ~ FSC SC Tennessee drainages Yes Wounded Darter Etheostoma - SC Streams of Little Tennessee system; Yes vulneratum perhaps extirpated from French Broad system. Rosyside dace Clinostomus FSC SC Little Tennessee drainage Yes . funduloides sp. 1 "Sicklefin" redhorse Moxostama sp. FSC SR (PT) Little Tennessee,and Hiwassee Rivers No Yellowfin Shiner Notropis lutipinnis - SC Savannah, Little Tennessee, and Broad Yes drainages in NC [only the Savannah and Little Tennessee drainages are listed as ~~tr i~ Yy-~ ~ 5'~~i''~~11~~1 y ~~ ~r '.?~~ ~' Southern Appalachian . Poecile atricapillus FSC SC High elevation forests mainly spruce-fir .. No black-capped chickadee practicus [breeding season only] Southern Appalachian. Loxia curvirostra red crossbill Southern Appalachian Aegolius acadicus saw-whet owl Southern Appalachian Sphyrapicus varius yellow-bellied sapsucker appalaciensis Southern Appalachian Neotoma floridana woodrat haematoreia FSC SC Coniferous forests, preferably spruce-fir No FSC T Spruce-fir forests or mixed No hardwood/spruceforwts (for nesting) [breeding season only) FSC SC Mature, open hardwoods with scattered dead trees [breeding season only] FSC SC Rocky places in deciduous or mixed forests, in southern mountains and adjacent Piedmont Yes Yes 1 Wounded darter Etheostoma FSC SC Streams of Little Tennessee system; Yes vulneratum perhaps extirpated from French'Broad .• system Southern rock vole Microtus FSC SC Rocky areas at high elevations, forests No chrotorrhinus or fields carolinensis Invertebrates Engraved Covert Fumonelix Orestes - T Plott Balsam mountains (endemic to this No area). Smoky Mountain Covert Inflectarius ferrissi - T'" Great Smoky Mountains and Plott No Balsams (endemic to these ranges). Wavy-rayed lampmussel Lampsilis fasciola - SC French Broad, Pigeon, and Little No • Tennessee Rivers; currently known only in the Little Tennessee River. Black mantleslug Pallifera hemphilli - SC" High elevation forests, mainly spruce-fir. No Dwarf proud globe Patera clarki - SC"' Southwestern NC mountains, west of the Yes foot of the Blue Ridge Escarpment. Rainbow 'Villosa iris - SC French Broad, Hiwassee, and Little No . Tennessee Rivers; currently only known in the state from the Little Tennessee River. Oconee stream crayfish Cambarus - SC Streams in the Savannah drainage No chaugaensia (endemic to northwest SC and adjacent NC, GA) Little Tennessee River Cambarus - SC Streams in the Little Tennesee River ~ Yes crayfish georgiae drainage. Diana fritillary butterfly Speyeria diana FSC SR Rich woods and adjacent edges and Yes openings; believed extirpated from the lower Piedmont; host plants -- violets (Viola ) r=renci-~ Broad crayfish Cambarus FSC - Nloderately'flowing streams in No reburrus headwaters Tawny crescent butterfly Phyciodes batesii FSC' SR Rocky ridges, woodland openings, at No maconensis higher elevations; host plants -- asters, mainly Aster undulates Whitewater crayfish Dactyloctythere FSC SR Cold streams of Savannah drainage in No ostracod prinsi Jackson County (endemic to NC, but possible iri adjacent SC and GA) Vascular Plants Butternut Juglans cinerea FSC - Prefers rich, moist soils, along stream Yes courses, also on rocky hills. Carolina saxifrage Saxifraga FSC SR-T high to middle elevation moist cliffs and No caroliniana rock outcrops 2 Cuthbert's turtlehead Chelone cuthbertii FSC SR-L Found in bogs No Divided-leaf ragwort Senecio FSC T Found on granitic domes and other No millefolium outcrops Fraser fir Abies fraseri FSC - High elevation peaks (>4921 ft) in the No southern Appalachians, Often occurs with red spruce (Picea rubens), but the • relative dominance of fir increases above 6234 ft, and A. fraseri occurs in almost pure stands on exposed summits and ridges. Eraser's loosestrife Lysimachia fraseri FSC E Found in forests, on roadsides Yes Glade spurge Euphorbia FSC SR-T Forests, especially over mafic rock No purpurea Gorge filmy fern Hymenophyllum FSC - • Restricted to deeply sheltered, No tayloriae continuously moist habitats in the southern Applachians. Only a few,. extremely small sites have been found. Granite dome goldenrod Solidago simulans FSC - Endemic to granitic domes ih the vicinity No of the NC-SC-GA tristate boundary. Occurs at only a few sites, only one of which is protected. Lobed barren-strawberry Waldsteinia lobata FSC` - High steep slopes, terraces above No watercourses with constant high humidity and shade. Often part of the shallow mantle of moss and duff that covers boulders or river bluff ledges; characterized by stands of Rhododendron spp. and mountain laurel (Kalmla latifolia). Mountain bittercress Cardamine FSC SR-T Moss or moist soil in or along rocky No clematitis stream banks or seeps within spruce and spruce-fir-hardwood forests at elevations above 1370 m Mountain catchfly Silene ovata FSC SR-T Rich slopes, cove forests, montane oak- Yes hickory forests Mountain thaspium Thaspium FSC' - Occurs in forests and woodlands with No pinnatifidum calcareous bedrock Radford's sedge Carex radfordii FSC - Calcareous, often rocky, well-drained No soils of mesic cove forests and woodlands; most known sites are on very nutrient-rich, alkaline or neutral soils from weathered rocks of the Brevard or Chauga Belt. Southern Oconee bells Shortia galacifolia FSC E-SC Streambanks, slopes, and outcrops in No var. galacifolia humid gorges. Sweet pinesap Monotropsis FSC - SR-T Found in dry forests and on bluffs Yes odorata 3 Tall larkspur Ctioldenseal Delphinium exaltatum Hydrastis canadensis Prairie dropseed Sporobolus heferolepis Appalachian filmy-fern Trichomanes boschianum Dwarf filmy-fern Trichomanes petersii Mottled trillium Trillium discolor Torrey's mountian-mint Pycnanthemum torrei Non-Vascular Plants A liverwort A liverwort Highlands moss Amrnons's tortula A liverwort Plagiochila suliivantii var. spinigera Plagiochila caduciloba Schlotheimia lancifolia Tortula ammonsiana Plagiochila suliivantii var. suliivantii A liverwort A liverwort A liverwort A liverwort Gorge moss Pagiochila sharpii Plagiochila virginica var. caroliniana Spenolobopsis pearsonii Chiloscyphus appalachianus Bryoorumia vivicolor FSC E-SC Grassy baids, glades, woodlands, mostly over mafic rock - E-SC Cove forests, other rich deciduous forests in mountain and piedmont regions. - E Olivine barrens in mountain regions. - T Mountain regions; spray zone of waterfalls, seeps over rock. - T Moist rocks in mountain gorges. - T Rich mountain region coves in the Savannah River drainage. FSC` SR-T Found in dry upland forests and woodlands, over mafic rocks FSC SR-L On moist rocks in spray zones of waterfalls - E Rocks and streambanks in humid gorges, spray zone of waterfalls. - T' In mountains, found on bark of hardwoods in cove forests. - E Shaded rock faces, probably with nutrient-rich seepage. FSC - - FSC SR-L. Damp rockfaces in humid gorges, high elevation rocky summits FSC SR-L Rockfaces in spray zone of waterfalls, other moist rockfaces FSC PE On bark of Fraser Firs in spruce-fir forests FSC SR-T On rock faces in spray zone of waterfalls FSC E Rocks and streambanks in humid gorges, spray zones of waterfalls No Yes No No No No No No No Yes No No No No No No Notes: E Endangered A taxon "in danger of extinction throughout all or a significant portion of its range." T Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." FSC Federal Species A species that may or may not be listed in the future (formerly C2 candidate species or species of Concern under consideration for listing for which there is insufficient information to support listing.) PE Proposed A species that has been formally proposed for listing as Endangered but has Endangered not yet completed the legally mandated listing process. 4 . ~. PT Proposed A species that has been formally proposed for listing as Threatened but has Threatened not yet completed the legally mandated listing process. , SC Special Concern Any species of wild animal native or once-native to North Carolina which is determined by the N.C. Wildlife Resources Commission to require monitoring but which may betaken under certain regulations. SR Significantly Rare Any species which has not been listed by the N.C. Wildlife Resources Commission as Endangered, Threatened, or Special Concem species, but which exists in the state in small numbers and has been determined by the N.C. Natural Heritage Program to need monitoring. C Candidatla Species which are very rare in North Carolina and are substantially reduced in numbers by habitat destruction. They are also rare throughout their ranges and their fate depends on conservation in NC. These species are likely to merit listing as Endangered or Threatened if habitat destruction continues. -C Limited The range of the species is limited to NC and adjacent states (endemic or near endemic). These are specleS which may have 20 to 50 populations in NC, but fewer than 50 populations rangewide. -T Throughout .These species are rare throughout their ranges (fewer than 100 populations total) Historic Record .The species was last observed in the county more than 50 years ago. Obscure Record The date the element was last observed in the county or quad is uncertain. Page 1 of 5 ~I Page 3 of 5 B-4349 Bridge No. 36 over Dicks Creek on SR 1388 Jackson County 6. Looking east along Dick's Creek Rd. from Bridge No. 36. Page 2 of 5 B-4349 Bridge No. 3b over Dick$ Creek on SR 1388 Jackson County .. ` Page 4 of 5 7. Looking east at stream south of the bridge. Page 5 of 5 d.w STATFu O V ~-- ~, ~~ F~~ 0~ ~ ~ ~r oFN ~ © ~~ '~~,,.~• ~a'yoSq k, 4v lpp., NoS~~R~,v~q b Mkq (i~Y STATE of NORTH CAROLINA ~RB~ti DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR LYNDO TIPPETT SECRETARY February 7, 2006 Mr. Steve Lund, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers Q ` I ~ ~g v '~ 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: NW 23 Permit Application Bridge Number 36 on SR 1388 over Dicks Creek Jackson County State Project: B-4349 (DWQ Notification Only) Dear Mr. Steve Lund: The North Carolina Department of Transportation (NCDOT) is proposing to replace Bridge Number 36 on SR 1388 over Dicks Creek (C, Tr) in Jackson County.. A permit was issued previously for this project on January 15, 2002, Action Id. 200230107; however, that permit has expired. NCDOT proposes to replace this structure at the existing location. Traffic will be detoured by employing a staged construction process allowing traffic on half of the bridge during construction. The new bridge is designed to minimize impacts by implementing longer spans and increasing hydraulic capacity. The removal of the existing structure shall be performed by sawing and/or non-shattering methods such that debris will not fall into the water. All work will be performed in a dry environment. Sandbag cofferdams will be used if necessary to ensure a clean, dry work area, and to minimize impacts to aquatic habitats. I am attaching the Categorical Exclusion document and a marked county map. The USGS map location is in the CE document. The North Carolina Natural Heritage Database was checked for records of threatened and endangered species. There are no records of threatened and endangered species for the entire Dicks Creek watershed. However, the Tuckasegee River is occupied critical habitat for the Appalachian elktoe (Alasmidonta raveneliana) and is approximately one mile from the project. The U.S. Fish and Wildlife Service consulted on this project and requested a mussel survey of B-4349 on SR 1388 Page 2 February 6, 2006 the stream reach between the confluence of Dicks Creek with the Tuckasegee River to 100 meters above bridge 36. A mussel survey was completed on July 16, 2003. No native mussels were found during this survey. This bridge will be replaced with another spanning structure that will minimize long term impacts and will result in only very minimal impact during construction. The U.S. Fish and Wildlife Service concurred with a conclusion of `knot likely to adversely affect" for the Appalachian elktoe provided measures on the attached Project Green Sheets are adhered to. The Office of State Archaeology determined that this project is unlikely to affect significant archaeological resources since it is being constructed on existing location. The State Historic Preservation Office has reviewed this project and found one property, Dicks Creek Baptist Church, eligible for listing on the National Register. It was determined that this National Register; eligible property would not be affected. 'Impacts to Waters of the United States Dicks Creek is at least a 4th order stream at the project site with awell-defined channel and is shown on the USGS topographic maps as a blue line stream. The stream supports fish, including trout, and other aquatic organisms. The stream channel is composed of boulder, cobble and gravel and lacks vegetation. For these reasons, we believe that Dicks Creek is under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct the project, it will be necessary to impact waters of the United States in the Little Tennessee River Basin. Specifically, NCDOT is requesting to replace Jackson County Bridge No. 36 with a cored slab structure. Listed below is a summary of the proposed impacts. Site No. Station Existing Condition Proposed Condition Net Impacts Site 1 Western Existing End Structure Removal and Replace 0' Bent and Associated Rip with Class II Rip Rap (50 LF) Rap Fills (50 LF) Site 2 Eastern Existing End Structure Removal and Replace 0' Bent and Associated Rip with Class II Rip Rap (50 LF) Rap Fills (50 LF) Total net impact from new structure = 0 Sq. Ft. Since the existing bank stabilization and end bent removal of 50 linear feet is equal to the placement of SO linear feet of rip rap associated with the new bridge, there will be no net impact. Therefore, there will be no mitigation required for this project. The best management practices will be used to minimize and control sedimentation and erosion on this project. The construction foreman will review all erosion control measures daily to ensure sedimentation and erosion is being effectively controlled. If the planned devices are not B-4349 on SR 1388 Page 3 February 6, 2006 functioning as intended, they will be immediately replaced with better devices. All commitments on the Project Green Sheets will be adhered to. Permits Requested 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 Ms. Marla Chambers, Highway Projects Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Additionally, I am asking Ms. Chambers and Mr. Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact me at (828) 497-7953. Your early review and consideration will be greatly appreciated. Sincerely, ~_ ~_ C.D. Lee, EI Division 14 Bridge Maintenance Engineer cc: ~,~Ir. John Hennessy, DWQ, DENR Raleigh (2 Courtesy Copies) Ms. Marla Chambers, Highway Projects Coordinator, NCWRC Mr. Joel Setzer, P.E., Division Engineer, NCDOT, Sylva Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT . SFr ~ s ~ ~~ PROJECT COMNIITMENTS 'y~os ~;F, ~ ~ <~ gQ~rw ~~6' SR 13 8 8 ~~9jk~'~• Bridge No. 36 over Dicks Creek 'Qiy~ Jackson County y Federal-aid Project No. PFH-1388(2) State Project No. 8.2961501 (WBS PE 33679.1.1) T.LP. No. B-4349 In addition to the standard Nationwide Permit No. 23 Conditions, the General Nationwide Permit Conditions, Section 404 Only Conditions, Regional Conditions, State Consistency Conditions, NCDOT's Guidelines for Best Management Practices for the Protection of Surface Waters, Design Standards for Sensitive Watersheds, Erosion and Sediment Control Guidelines for Contract Construction, 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: Division 14 Best Management Practices for Protection of Surface Waters will be strictly adhered to. Sediment and erosion control measures should adhere to design standards for sensitive watersheds. . The NCWRC has identified prohibitions against in-stream activities for the project area due to the presence of several aquatic species currently, protected under state and federal laws as well as for protection of rainbow trout (Oncorhynchus mykiss). In-stream activities and land disturbance within the 25-foot (7.6-meter) trout buffer are prohibited from January 1 through April 15 in order to prevent sedimentation from impacting fish eggs and fry downstream of the project site. Erosion and Sediment Control: The conditions described below are reiterated on the erosion and sedimentation control plans, but are stated here for emphasis. Sandbags filled with washed, small stone will be placed in the stream around the entire construction area to filter any sediment that may enter the stream due to land disturbance during construction. The sandbag. fabric will be specified to ensure that the tightest available weave is used. Stones are preferred over sand to prevent the accidental or incidental introduction of sand into the stream: The stone will be specified to ensure that it is washed at the quarry and is the appropriate size for filtration. The sandbags will be installed at the beginning of construction and left in place until construction is complete. They will not form a weir or other obstruction that would significantly impede downstream flow. Once the existing bridge decks are removed, silt fencing will be installed on top of the existing concrete vertical abutments and wing walls to prevent material excavated from Green Sheet ' f, behind the existing abutments from entering the stream. After excavation, the existing abutments will be cut down to a level sufficient only to allow clearance for the new cored slab to be installed. The remaining portions of the old abutments will be left in place to minimize sedimentation and maintain the bank profile at the bridge. The old abutments will-remain higher than the normal water level. By leaving the existing abutments in place, disturbance to the stream bank and stream bed are minimized and the probably of long term erosion is substantially improved. The existing bridge superstructures (decks) .will be removed from the top, piece by piece, to prevent introduction of the bridge material into the stream. The use of rip rap will be limited to the ends of the new wing walls and the excavated area between the old and new vertical abutments..Filterfabric will be installed under the rip rap. No rip rap will be placed in the stream. Silt fencing will be installed at the tops of banks where appropriate to minimize overall sedimentation. Green Sheet CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. B-4349 State Project No. 8.2961501 (WBS PE 33679.1.1) Federal Project No. PFH-1388(2) A. Project Description: This project replaces Bridge No. 36 on SR 1388 over Dicks Creek in Jackson County. The existing 26-foot, single-span bridge will be replaced with a single-span bridge 50 feet in length and approximately 30 feet wide. The new bridge will be stage constructed in order to maintain traffic on-site during construction. B. Purpose and Need: North Carolina Department of Transportation (NCDOT) Bridge Maintenance Unit records indicate that Bridge No. 36 has a sufficiency rating of 10.3 and is structurally deficient. The clear roadway width is 19.2 feet. The bridge superstructure is comprised of a timber deck supported by steel I-beams. The substructure consists of timber end bents. The timber sills are partially encased. The timber posts of the end bents display evidence of decay and moderate levels of rust appears on the I-beams. The edge of the stream flows into and along abutment No. 1. Replacement of the bridge is necessary due to its deteriorating condition. C. Proposed Improvements.: The following Type II improvements which apply to the project are circled.: 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. 1`/Iodernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit O Bridge rehabilitation, rcconstniction or replacement or the construction of grade separation to replace existing at-grade railroad crossings. Oa. Rehabilitating, reconstructing, or replacing bridge approach 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest area. 6. Approvals for disposal of excess right-of--way or for joint or limited use of right-of--way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements Od. Replacing a bridge (structure and/or fill) 2 r construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Constriction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage an maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. D. Special Project Information: Estimated Costs: Total Construction $ 210,000 Right-of--Way $ 0 Total $ 2 i 0,000 Estimated ')i'raffic: Current 2003 - 300 vehicles per day Year 2030 - 700 vehicles per day TTST - 2% Dual - 1 Accidents: According to crash records for the three-year period froth 12/01/1999 to 11/30/2002, no crashes were reported in the vicinity of the bridge. 3 r Design Speed: 50 miles per hour Functional Classification: Rural Local Route School Buses: Two school buses cross Bridge No. 36 on SR 1388 each day. Division Office Comments: Road closure is not possible on this project, as no detour route is available. The new bridge should be stage constructed to maintain traffic on-site during construction. One lane of traffic is acceptable during the construction period. Bridge Demolition: In order to protect the water quality and aquatic life in the area affected by this project, the NCDOT and all potential contractors should follow appropriate guidelines for bridge demolition and removal. These guidelines are presented in three NCDOT documents entitled Pre-Construction Guidelines for Bridge Demolition and Removal, Policy: Bridge Demolition and Removal in Waters of the United States, and Best Management Practices for Bridge Demolition and Removal (BMPs-BDR) (all documents dated 9/20/99). Guidelines followed for bridge demolition and removal are in addition to those implemented for Best Management Practices for the Protection of Surface Waters (BMPs-PSW). The proposed project is a Case 2 category as defined in the NCDOT's BMPs - BDR. The Case 2 category allows no work at all in the water. during moratorium periods associated with fish migration, spawning, and larval recruitment into nursery areas. The NCWRC has identified prohibitions against in-stream activities for the project area due to the presence of several aquatic species currently protected under state and federal laws as well as for protection of rainbow trout (Oncorhynchus mykiss). In-stream activities and land disturbance within the 25-foot (7.6-meter) trout buffer are prohibited from January 1 through April 15 in order to prevent sedimentation from impacting fish eggs and fry downstream of the project site. Offsite Detour: Because SR 1388 is a dead-end road an on-site detour is required. The bridge will be stage-constructed so that traffic can be maintained throughout the construction period. E. Threshold Criteria: The following evaluation of threshold criteria must be completed for Type II actions. ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique or important natural resource? X 4 (2) Does the project involve habitat where federally listed endangered or threatened species may occur? a (3) Will the project affect anadromous fish? ^ X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3) of an acre and have all practicable X ~l L~l measures to avoid and minimize wetland takings been evaluated? (5) Will the project require the use of U.S. Forest Service ^ lands? X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters ^ (IdQW)? X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any X "Area of Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier Resources Act ^ resources? X (12) Will a U.S. Coast Guard permit be required? ~ X (13) Will the project result in the modification of any existing ^ regulatory floodway? X 5 1 (14) Will the project require any stream relocations or channel changes? X SOCIAL ECONOMIC AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to plamled growth or land use for the area? X (16) Will the project require the relocation of any family or business? X (17) Will the project have a disproportionately high and adverse human health and envirorunental effect on any minority or low-income population? X (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? X (19) Will the project involve any changes in access control? ~ X (20) Will the project substantially alter the usefulness and/or land use of adj acent property? X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? a X (22) Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of X 1990)? (23) Is the project anticipated to cause an increase in traffic volumes? X (24) Will traffic be maintained during construction using ^ existing roads, staged construction or on-site detours? X (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the ^ existing facility) and will all construction proposed in X association with the bridge replacement project be contained on the existing facility? 6 f (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? (27) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the project? (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? (29) Will the project affect any archaeological remains, which are important to history or pre-history? ~, t^ '~~ ~ ~_ (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites, or historic bridges, as defined in X Section 4(f) of the U.S. Department of Transportation Act of 1966)? (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as X defined by Section 6(f) of the Land and Water Conservation Act of 1965, as amended? (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the Natural System of Wild and X Scenic Rivers? F. Additional Documentation Required for Unfavorable Responses in Part E (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached, as necessary.) (2) Habitat is present in the project area for the Appalachian elktoe (Alasmidonta ~•aveneliana), which is listed as Endangered by the U.S. Fish and Wildlife Service. Surveys were conducted by qualified mussel specialists and no specimens of this species were located. According to the mussel survey report, the proposed bridge replacement drains to habitat outside the project area occupied by this species. Efforts will be taken to avoid any downstream impacts that could result from project construction. Additional information is provided in Appendix B. (2) Habitat for the small-whorled pogonia (Isotria medeoloides) is available in large portions of the general project vicinity. At the project site, suitable habitat potentially exists in the cove forest adjacent to Dicks Creek. However, 7 frequent disturbance due to yard waste dumping on the south side of the road, and heavy foot traffic near the pedestrian access on the north side of the road would inhibit the growth of small-whorled pogonia. Appropriate habitat for small-whorled pogonia does not exist in the right-of--way areas adjacent to Dicks Creek Road. A search for small-whorled pogonia was conducted during site visits on April 2, 2003 and July 29, 2003. Even though this was not the expected bloom period of mid-May to inid-June, no plants with the vegetative characteristics ofsmall-whorled pogonia were observed in the search corridor. Agency letters in response to the project scoping letters are provided in Appendix A. Additional supporting documentation is provided for informational purposes in Appendix B. An addendum to the Iistoric Architectural Resources Survey Report is included in Appendix B. The addendum is for Dick's Creek Baptist Church, which is located in the project vicinity. The church is eligible for listing in the National Register of Historic Places. The addendum notes that the church property is approximately one acre in size. Additional research of the property deed revealed that it is 0.52 acre. A revised figure showing the correct boundary is included in Appendix B. A concurrence form stating that the project will not affect the property is provided in Appendix A. 8 r CE Approval 1'IP Project No. I3-4349 State Project No. 8.2961501 Federal-aid Project No. PFH-1388(2) Project Description: This project replaces Bridge No. 36 on SR 1388 over Dicks Creek in .Tackson County. The existing bridge will be replaced with asingle-span bridge 50 feet in length and approximately 30 feet wide. The new bridge will be stage constructed in order to maintain traffic on-site during construction. Categorical Exclusion Action Classification: TYPE II (A) TYPE II (B) Approved: 12 1~ b5 Date tall~lbs Date P ject For Type II (B) projects only: Engineers and NCDOT Bridge Maintenance Unit Date Division Administrator Federal Highway Administration 9 1 APPENDIX A DEC-06-2005 1540 fJCDOT OHE-ONE 919 715 1501 P.02i03 f F'ederul Aid # PF[I-1388(Z) TIP # B-4349 Gourtty: Jaclson C'UNCURRENCE FUKM F'UR ,ASSESSMENT OF IFFF,CTS Project Description: Replace Brid~;c No. 36 on 5K 1388 over Dick's Creek Un Dec:ember G, 2005, representatives of the North Carolina Department pf Transportation (NCDOT) [~ Federal IIighway Administration (FHWA) [~ North Carolina State Historic Preservation Office (HPO) (~ .Other Kcviewed the subject project araa agreed Q "Chcrc are no effects on the National Register-listed property/properties located within the ,project's area of potential effect and listed on the reverse. There are no effects on the National Reb*istc;r-eligible property/properties located within the project's ue:a of potential effect and listed on. the reverse. There is an effe<;t nn the National Rcgislcr-listed property/properties locatca within the project's area of potential effect. 1~'hc property/properties and the effect(s) are listed on the re:vcrsc. There is an effua on the Nationaal Register-cli~ble property/properties located within the project's area of potential effect. The property/properties and effect(s) are listed on the reverse. Si~mca: ~- 12 (~ ZD Kc~preseatati NC UT Date FHWA, for the Division-Administrator, or other Federal Agency Date Representative, Hl'U Date State l;Iistoric Preservation Officer Date DEC-06-2005 15 41 NCDOT OHE-OIJE 919 715 1501 P.03i03 1 !~'edera! /(id # PFII-1388(2) TIP # B-4349 Curtnty: 3ackson Properties within the area of potential effect for which there is no eft'ect. Indicate if property is National R,e~;ister-listed (NR) or de:termitted eligible (llB). i ~ c.'s Gr-.~~.~ ~ ~ s-~ C~unc.~ C ~ ~D 1 ~ I'ropertics within the Area of potential t;ffc:ct for which there is an effect. Indicate property stator; (NR or hl r) and describe the effect. Reason(s) why the effect is not advrr~c (i (' applicable). Initialed: NC170T ~`~ PIIWA _ ~l-~ HPQ.~~ TOTAL P.03 f .~r J~ •~.~,~.• SEP i 6 ~0~5 STATE OF NORTH CAROLINA~'~, T~=,i'~1~ ~~ ~~ ?~AN;~,~GRT`~T1C~N DEPARTT~r OF TRANSPORTATt~3~'~ ~;r'dge ~~~``~"`~ MICHAEL F. EASLEY GU V ERNUit September 13, 2005 Mr. Peter B. Sandbeck Deputy State Historic Preservation Officer North Carolina Department of Cultural Resources 4617 Mail Service Center Raleigh, North Carolina 27699-4617 Dear Mr. Sandbeck: LYNDO TIPPETT SECRETARY RE: B-4349, Replace Bridge No. 36 on SR 1388 over Dick's Creek, Jackson County, State Project # 8.2961501, FA # PFH-1388(2) Thank you for your letter of May 3, 2005 providing comments on the survey report for this project. In that letter you did not concur with our finding of ineligibility for Dick's Creek Baptist Church. Instead, you stated that the church, despite the alterations, is significant under Criterion A for its association with the development of a small rural community. We concur with the eligibility finding and include with this letter the historic boundary description, boundary justification, and map for the church. Please review the attached documentation and provide your comments. If you have any questions concerning the accompanying information, please contact me at 715-1620. Sincerely, Mary Pope utr Historic Architecture Section Attachment Cc (w/ attachment): Mike Summers, Bridge Maintenance, NCDOT John Sullivan III, P.E., Adminstrator, FHWA MAILING ADDRESS: TELEPHONE: 919-715-1500 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-715-1522 PARKER LINCOLN BUILDING OFFICE OF HUMAN ENVIRONMENT 2728 CAPITAL BOULEVARD, SUITE 168 1583 MAIL SERVICE CENTER WEBSITE: WWW.NCDDT.ORG RALEIGH, NC 27604 RALEIGH NC 27699-1583 f t United States Department of the Interior FISH AND WII.DLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 September 13, 2004 Mr. Mike Summers, Project Manager Bridge Maintenance Unit North Carolina Department of Transportation 1565 Mail Service Center Raleigh, North Carolina 27699-1565 Dear Mr. Summers: Subject: Endangered Species Concurrence for Bridge Replacements (B-4348, Bridge No. 156 on SR 1388, and B-4349, Bridge No. 36 on SR 1388) over Dicks Creek, Jackson County, North Carolina As requested by Mulkey, Inc., for the North Carolina Department of Transportation, we have reviewed the project enviroiunental commitments, natural resources information, and biological conclusions for federally protected species for the subject projects. The following comments are provided in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information provided, the federally endangered Appalachian elktoe (Alasmidonta rave~leliana) occurs approximately 1 mile downstream of the project sites in the Tuckasegee River. Due to the close proximity to occupied habitat, a mussel survey was conducted in Dicks Creels from its confluence with the Tuckasegee River to 100 meters upstream of the project area. No native freshwater mussels were located during this survey. Although no mussels were found during survey, we were concerned about potential direct and indirect effects from the demolition of the existing structures and the design and construction of the replacement structures. We have reviewed plans for erosion control and demolition of the existing structures. Provided the "green sheet" commitments are implemented and strictly adhered to, we concur with your conclusion of "not likely to adversely affect" for the Appalacluan elktoe for the subject projects. We believe the requirements under section 7(c) of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this 1 review, or (3) a new species is listed or critical habitat is determined that maybe affected by the identified action. If you have questions about these comments, please contact Ms. Marella Buncick of our staff at 828/258-3939, Ext. 237. In any future correspondence concerning these projects, please reference our Log Numbers 4-2-03-346 (B-4348) aizd 4-2-03-347 (B-4349). Sincerely, -P ~~ Brian P. Cole Field Supervisor f /~~~e /~ United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 September 18, 2003 Gregory J. Thorpe, Ph.D., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: Subject: Endangered Species Concurrence for Two Bridge Replacements--B-4348, Bridge No. 156 on SR 1388, and B-4349, Bridge No. 36 on SR 1388--over Dicks Creek, Jackson County, North Carolina As requested by Mulkey, Inc. (for the North Carolina Department of Transportation), we have reviewed the natural resources information and biological conclusions for federally protected species for the subject projects. The following comments are provided in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information provided, the federally endangered Appalachian elktoe (Alasmidonta raveneliana) occurs approximately 1 mile downstream of the project sites in Dicks Creek, a tributary to the Tuckasegee River. Due to the close proximity of the sites to occupied habitat, a mussel surve}~ was conducted in Dicks Creek from its confluence with the Tuckasegee River to 100 meters upstream of the project area. No native freshwater mussels were located during this survey. Although no mussels were found during the survey, there is still the potential for direct and indirect effects from the demolition of the existing structures and the design and construction of the replacement structures. As such, we cannot concur with a "not likely to adversely affect" determination at this time. When information regarding the actions associated with these two projects becomes available, we will provide further comments. t If you have questions about these comments, please contact Ms. Marella Buncick of our staff at 828/258-3939, Ext. 237. In any future correspondence concerning these projects, please reference our Log Numbers 4-2-03-346 (B-4348) and 4-2-03-347 (B-4349). Sincerely, J Lynx--- Brian P. Cole Field Supervisor cc: Mr. Steve Lund, U.S. Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 Ms. Marla J. Chambers, Highway Projects Coordinator, North Carolina Wildlife Resources Commission, 12275 Swift Road, Oakboro, NC 28129 Ms. Cynthia Van Der Wiele, North Carolina Department of Environment and Natural Resources, Division of Water Quality, Wetlands Section, 1621 Mail Service Center, Raleigh, NC 27699-1621 Mr. Mike Summers, Project Manager, Bridge Maintenance Unit, North Carolina Department of Transportation, 1565 Mail Service Center, Raleigh, NC 27699-1565 f United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 July 25, 2003 Mr. Mike Summers Project Manager Bridge Maintenance Unit North Carolina Department of Transportation 1565 Mail Service Center Raleigh, North Carolina 27699-1565 Dear Mr. Summers: Subject: Proposed Bridge Replacement Projects in Cherokee, Jackson, Transylvania, and Haywood Counties, North Carolina As requested in your letter of May 1, 2003, we have reviewed the subject projects and provide the following comments in accordance with the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). The maps included with your letter frequently did not contain adequate landmarks to be able to easily fmd the project locations., Future maps or project descriptions should portray or reference notable landmarks to enable the projects to be easily located. Additionally, there was reference to demolition information in your cover letter, but it was not enclosed with our package. The information we received for these eight projects does not include descriptions of the structures that will replace the existing bridges nor does it include any environmental information regarding the streams or whether habitat assessments or surveys for rare species have been conducted for any of these projects. Therefore, our comments are limited primarily to the known locations of listed species and federal species of concern. When the categorical exclusions are prepared and more information is available regarding environmental effects, we can offer more substantive comments. Enclosed is a species list for the four counties included in this package. This list provides the names of species on the Federal List of Endangered and Threatened Wildlife and Plants as well as federal species of concern. Federal species of concern are not legally protected under the Act t and are not subject to any of its provisions, including section 7, unless they are formally proposed or listed as endangered or threatened. We are including these species in our response to give you advance notification and to request your assistance in protecting them if any are found in the vicinity of your projects. Our records indicate the following: Cherokee County: In general, while there are no known locations of the Indiana bat in the vicinity of these projects, if trees will be cleared for these projects, habitat should be assessed for this species; if suitable habitat is present, further surveys may be required. Project B-3430 (Log No. 4-2-03-343) -Our records indicate known occurrences of the sicklefin redhorse (Moxostoma sp.l) in Hanging Dog Creek. Although the sicklefm redhorse currently is a federal species of concern, its status is under review. This species maybe elevated to candidate status for federal listing. We recommend surveying the project area for this species prior to any further planning or on-the-ground activities. We also strongly recommend that this bridge be replaced with another spanning stricture. Pr~ect B-3431 (Log No. 4-2-03-344) -Our records indicate no known locations of listed species in the project area. However, we recommend conducting habitat assessments and sw-veying any suitable habitat in the project area for these species prior to any further planning or on-the-ground activities to ensure that no adverse impacts occur. Jackson County: ~:'i~oiect 8-4347 (Log No. 4-2-03-345) -Our records indicate that there are known locations of the green salamander (Aneides aeneus), a federal species of concern, near the proposed project. We recommend conducting habitat assessments and surveying any suitable habitat in the project area for this species prior to any fiirther nla.nning or on-the-~routul activities to ensure that no adverse impacts occur. Project B-4348 (Log No. 4-2-03-346) and Project 8-4349 (Log No. 4-2-03-347) - Dick's Creek is a tributary to the Little Tennessee River, and it flows into occupied habitat and designated critical habitat for the endangered Appalachian elktoe (Alasmidonta raveniliana). Given the proximity of these projects to the Little Tennessee River, we recommend surveying for listed mussels in Dick's Creek prior to any on-the-ground activities. If mussels are located, additional consultation will be required. f i Transylvania and Haywood Counties: Proiect B-4690 (Log No. 4-2-03-348), Project B-4691 (Log No. 4-2-03-349), and Project B-4692 (Log No. 4-2-03-350) -Our records indicate no known locations of listed species in the project areas. However, we recommend conducting habitat assessments and surveying any suitable habitat in the project areas for these species prior to any further planning or on-the-ground activities to ensure that no adverse impacts occur. We are interested in the types of structures that will replace these existing bridges and would recommend spamung structures, preferably bridges, in all cases. In addition, off-site detours are preferable to temporary on-site crossings in order to reduce stream-bank disturbance. We look forward to reviewing the completed categorical exclusion documents. If you have questions about these comments, please contact Ms. Marella Buncick of our staff at 828/258-3939, Ext. 237. In any fixture correspondence concerning these projects, please reference the log numbers assigned with our comments about each of thorn. Sincerely, ~. Brian P. Cole State Supervisor Enclosure cc: Mr. Steve Lund, U.S. Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 Ms. Marla J. Chambers, Highway Projects Coordinator, North Carolina Wildlife Resources Commission, 12275 Swift Road, Oakboro, NC 28129 Ms. Cynthia Van Der Wiele, North Carolina Department of Environment and Natural Resources Division of Water Quality, Wetlands Section, 1621 Mail Service Center, Raleigh, NC 27699-1621 1 ~:N.D~-tNGI+~RTD, TIIREA'TENEll, ANll CANDIDATE SPECIES AND FEDERAL SPECIES OF CONCERN, CHEROKE +,, JACKSON, TI2.ANSYLVANIA, AND HAYWOOD COUNTIES, NORTH CAROLINA This list was adapted from the North Carolina Natural Heritage Program's County Species List. It is a listing, for Cherokee, Jackson, Transylvania, and Haywood Counties, of North Carolina's federally listed and proposed endangered, threatened, and candidate species and Federal species of concern (for a complete list of rare species in the state, please contact the North Carolina Natural Heritage Program). The information in this list is compiled from a variety of sources, including field surveys, museums and herbaria, literature, and personal communications. The North Carolina Natural Heritage Program's database is dynamic, with new records being added and old records being revised as new information is received. Please note that this list cannot be considered a definitive record of listed species and Federal species of concern, and it should not be considered a substitute for field surveys. Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated or proposed. Aquatic species: Fishes and aquatic uivertebrates are noted for counties where they are known to occur. However, projects may have effects on downstream aquatic systems in adjacent counties. COMMON NAME SCIENTIFIC NAME STATUS CHEROKEE COUNTY Vertebrates Bog turtle Clemmys muhlenbergii T(S/A)' Rafuiesque's big-eared bat Corynorhinus rafinesquii FSC Hellbender Cryptobranchus alleganiensis FSC Elotched chub F.,rim}~st~zx insisn~is FSC ~.~~~ ~ ~;. s~~~lamaiid~r Err; ~~-~~~~r<<junala~s/ca I~SC ~icniei~n" redhorse Moxostoma sp. 1 FSC Indiana bat Myotis sodalis Endangered (summer habitat) Olive darter Percina squamata FSC Northern pine snake Pituophis melanoleucus melanoleucus FSC* Invertebrates Hiwassee crayfish Cambarus hiwasseensis FSC Parrish crayfish Cambarus parrishi FSC Tan riffleshell Epioblasma florentina walkeri FSC** 'hemlessee heelsplitter Lasmigona holstonia FSC* Knotty rocksnail Lithasia christyi FSC Littlewing pearlymussel Pegias fabula Endangered** Tennessee clubshell Pleurobema oviforme FSC Diana fritillary butterfly Speyeria Jana FSC Cumberland bean Villosa trabalis Endangered Vascular Plants Small whorled pogonia I.sotr•ia medeoloides Threatened White fringeless orchid Platanthera integrilabia C 1 ~~ Januury 29, 2003 Page 1 of 6 f COMMON NAME SCIENTIFIC NAME STATUS Mountain catchfly Silene ovata FSC Hairy blueberry Vaccinium lzirsutum FSC JACKSON COUNTY Critical habitat Designation: Appalachian elktoe, Alasmidonta raveneliana -The main stem of the Tuckasegee River (Little Tennessee River system), from the N.C. State Route 1002 Bridge in Cullowhee, Jackson County, North Carolina, downstream to the N.C. Highway 19 Bridge, north of Bryson City, Swain County, North Carolina. Within these areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean water; (ii) Geomorphically stable stream channels and banks; (iii) Pool, riffle, and run sequences within the channel; (iv) Stable sand, gravel, cobble, boulder, and bedrock substrates with no more than low amounts of fine sediment; (v) Moderate to high stream gradient; (vi) Periodic natural flooding; and (vii) Fish hosts, with adequate living, foraging, and spawning areas for them. Vertebrates Southern Appalachian saw-whet owl Green salamander Rosyside dace Hellbender Wounded darter Carolina northern flying squirrel Southern Appalachian red crossbill "Sicklefin" redhorse Indiana bat Southern Appalachian woodrat Southern Appalachian black-capped chickadee Olive darter Northern pine snake Southern Appalachian yellow-bellied sapsucker Appalachian Bewick's wren Aegolius acadicus FSC Aneides aerleus FSC Clinostonsus funduloides ssp. 1 FSC Cryptobr•anchus alleganiensis FSC Etheostoma vulneratum FSC Glaucomys sabrinus coloratus Endangered Loxia curvirostr•a FSC Moxostoma sp. 1 FSC Myotis sodalis Endangered (winter records) Neotoma floridana haematoreia FSC Poecile atricapillus practicus, FSC Percina squamata FSC Pituophis melanoleucus melanoleucus FSC Sphyrapicus varius appalaciensis FSC Thryomanes bewickii altus FSC Invertebrates Appalachian elktoe French Broad crayfish Whitewater crayfish ostracod Tawny crescent butterfly Diana fritillary butterfly Vascular Plants Fraser fir Mountain bittercress Radford's sedge Cuthbert's turtlehead Alasmidonta raveneliana Endangered Cambarus reburrus FSC Dacryloctythere prinsi FSC Phycoides batesii maconensis FSC Speyeria diana FSC Abies fraseri FSC Cardamine clematitis FSC Carex radfor•dii FSC Chelone euthbertii FSC January 29, 2003 Page 2 of 6 f COMMON NAIVIE SCI2/NTTFIC NAME STATUS Tall larkspur Glade spurge Swamp pink Gorge filmy fern Small whorled pogonia Butternut Fraser's loosestrife Sweet pinesap Torrey's mountain-mint Carolina saxifrage Divided-leaf ragwort Mountain catchfly Granite dome goldenrod Mountain thaspium Lobed barren-strawberry Nonvascular Plants Gorge moss Rock gnome lichen A liverwort A liverwort A liverwort A liverwort TR.ANSYLVANIA. COUNTY Delphinium exaltatum FSC Euphorbia purpurea FSC Helonias bullata Threatened Hymenophyllum tayloriae FSC Isotria nledeoloides Threatened Juglans cinerea FSC LySInlaChla fraS2r1 FSC Monotropsis odorata FSC Pycnanthemum torrei FSC* Sax~~aga caroliniana FSC Senecio millefolium FSC Silene ovata FSC Solidago simulans FSC Thaspium pinlzat~dunl FSC* Waldsteinia lobate FSC* Bryocrumia vivicolor Gymnoderma lilieare Plagiochila sullivantii var. spinigera Plagiochila sullivantii var. sullivantii Plagiochila virginica var. carolinialza Sphenolobopsis pearsonii FSC Endangered FSC Fsc FSC FSC Critical Habitat Designation: Appalachian elktoe, Alasn:idonta raveneliana -The main stem of the Little River (French Broad River system), from the Cascade Lake ''r_~~x~~.r Pl.~r!t, do~~~~n~.;.reax:~~ to its confl~~ence. with th~:; Frrnclz Broad River. Within these areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean water; (ii) Geomorphically stable stream channels and banks; (iii) Pool, riffle, and run sequences within the channel; (iv) Stable sand, gravel, cobble, boulder, and bedrock substrates with no more than low amounts of fine sediment; (v) Moderate to hinh stream gradient; (vi) Periodic nah~ral floodinn; and (vii) Fish hosts, with adequate living, foraging, and spawning areas for them. Vertebrates Southern Appalachian saw-whet owl Green salamander Bog turtle Rafinesque's big-eared bat Hellbender Carolina northern flying squirrel Southern Appalachian red crossbill Southern Appalachian woodrat Southern Appalachian black-capped chickadee Aegolius acadicus FSC Aneides aeneus FSC Clemmys muhlenbergii T(S/A)1 Corynorhinus rafinesquii FSC* Cryptobranchus alleganiensis FSC Glaucomys sabrinus coloratus Endangered Loxia curvirostra FSC Neotoma floridana haematoreia FSC* Poecile atricapillus practices FSC January 29, 2003 ~ • Page 3 of 6 r COMMON NAME SCIENTIFIC NAME STATUS Southern Appalachian yellow-bellied Sphyrapicus varius appalaciensis FSC sapsucker Appalachian cottontail Sylvilagus obscurus FSC Appalachian Bewick's wren Thryomanes bewickii altus FSC* Invertebrates Appalachian elktoe Alasmidonta raveneliana Endangered French Broad crayfish Cambarus reburrus FSC Oconee crayfish ostracod Cymocythere clavata FSC Oyster mussel Epioblasma capsaeformis Endangered Margarita River skimmer Macronsia margarita FSC Diana fritillary butterfly Speyeria dia~ia FSC* Transylvania crayfish ostracod Waltoncythere acuta FSC Vascular Plants Fraser fir Abies fraseri FSC Alexander's rock aster Aster avitus FSC Cuthbert's turtlehead Chelone cuthbertii FSC Spreading avens Geum radiatum Endangered Smoky Mountain mannagrass Glyceria nubigena FSC Swamp pink Helonias bullata Threatened French Broad heartleaf Hexastylis rhombiformis FSC Small whorled pogonia Isotria medeoloides Threatened Butternut Juglans cinerea FSC Fraser's loosestrife Lysimachia fraseri FSC Sweet pinesap Monotropsis odorata FSC Flatrock panic grass Panicum lithophilum FSC* Mountain sweet pitcher plant Sarracenia jonesii Endangered Southern oconee-bells Shortia galacifolia var, galacifolia FSC Lobed barren-strawberry Waldsteinia lobata FSC Nonvascular Plants Gorge moss Bryocrumia vivicolor FSC Rock gnome lichen Gymnoderma lineage Endangered A liverwort Plagiochila sharpii rSC A liverwort Plagiochila sullivantii var. sullivantii FSC A liverwort Plagiochila virginica var. caroliniana FSC HAYWOOD COUNTY Critical Habitat Designation: Spruce-fir moss spider, Microl:exura montivaga - Critical habitat designated (see the July 6, 2001, Federal Register, 66:35547-35566). Critical Habitat Designation: Appalachian elktoe, Alasmidonta raveneliana -The main stem of the West Fork Pigeon River (French Broad River system), from the confluence of the Little East Fork Pigeon River, downstream to the confluence of the East Fork Pigeon River, and the main stem of the Pigeon River, from the confluence of the West Fork Pigeon River and the East Fork Pigeon River, downstream to the N.C. Highway 2] 5 Bridge crossing, south of Canton, North Carolina. January 29, 2003 Page 4 of 6 C011vYION N:~NJl SCIENTII'IC NAMl+, STATUS Within these areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean water; (ii) Geomorphically stable stream channels and banks; (iii) Pool, riffle, and run sequences within the channel; (iv) Stable sand, gravel, cobble, boulder, and bedrock substrates with no more than ]ow amounts of fine sediment; (v) Moderate to high stream gradient; (vi) Periodic natural flooding; and (vii) Fish hosts, with adequate living, foraging, and spawning areas for them. Vertebrates Southern Appalachian saw-whet owl Aegolius acadicus FSC Bog turtle Clemnrys mulzlenbergii T(S/A)' Olive-sided flycatcher Contopus borealis FSC Hellbender Cryptobranchus alleganiensis FSC Cerulean warbler Dendroica cerulea FSC Carolina northern flying squirrel Glaucomys sabrinus coloratus Endangered Bald eagle Haliaeetus leucocephalus Threatened (proposed for delisting) Southern Appalachian red crossbill Lnxia curvirostra FSC Southern rock vole Microtus chrotorrhinus carolinensis FSC Gray bat Myotis grisescens Endangered Southern Appalachian woodrat Neotoma floridana haematoreia FSC Allegheny woodrat Neotoma magister FSC Southern Appalachian black-capped Poecile atricapillus practicus FSC chickadee Eastern cougar Puma concolor couguar Endangered* Southern water shrew Sorex palustris punctulatus FSC Southern Appalachian yellow-bellied Sphyrapicus varius appalaciensis FSC sapsucker Appal.~.clai~.n cc~~toralil Sylvil ,,~, .-'~srirrtrs FSC •-~~-~ ' .~i~~iaa 1ewick's wren ~ ,~~.~;r.anes vewickii altus FSC Invertebrates Appalachian elktoe Alasmidonta raveneliana Endangered Spruce-fir moss spider Microhexura naontivaga Endangered Tawny crescent butterfly Phyciode,r batesii maconen,sis FSC* .. I,y 5;~~,: ; ::...';~aaa FSC Vascular Plants Fraser fir Abies,fraseri FSC Piratebush 13uckleya disticophylla FSC Mountain bittercress Cardamine clematitis FSC Tall larkspur Delphinium exaltatunt FSC* Glade spurge Euphorbia purpurea FSC Smoky Mountain mannagrass Glyceria nubigena FSC Small whorled pogonia Isotria medeoloides Threatened Butternut Juglans cinerea FSC Fraser's loosestrife Lysimachia fraseri FSC Torrey's mountain-mint Pycnanthemum torrei FSC* IZugel's ragwort Rugelia nudicaulis FSC Carolina saxifrage Sax~aga caroliniana FSC January 29, 2003 Page S of 6 COMMON NAME SCIENTIFIC NAME STATUS Mountain catchfly Silene ovata FSC Alabama least trillium Trillium pusillum var. 1 FSC Nonvascular Plants Rock gnome lichen Gymnoderma lineare Endangered A liverwort Plagiochila sharpii FSC A liverwort Plagiochila sullivantii var. sullivantii FSC A liverwort Sphenolobopsis pearsonii FSC KEY: Status Definition Endangered A taxon "in danger of extinction throughout all or a significant portion of its range." Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C1 A taxon under consideration for official listing for which there is sufficient information to support listing. FSC A Federal species of concern--a species that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient uiformation to support listing). T(S/A) Threatened due to similarity of appearance (e.g., American alligator )--a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. Species with 1, 2, 3, or 4 asterisks behind them indicate historic, obscure, or incidental records. *Historic record -the species was last observed in the county more than 50 years ago. **Obscure record -the date and/or location of observation is uncertain. ***Incidental/miexant record -the species was observed outside of its normal range or habitat. ****Ilistoric record -obscure and incidental record. 'In the November 4, 1997, Federal .Register (55822.55825), the northern population of the bog turtle (from Ncw York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land-management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. January 29, 2003 Page 6 of 6 f 111A Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, Tennessee 37902-1499 September 9, 2003 Mr. Mike Summers Bridge Maintenance Unit North Carolina Department of Transportation 1565 Mail Service Center Raleigh, North Carolina 27699-1565 Dear Mr. Summers: REQUEST FOR COMMENTS ON BRIDGE REPLACEMENT PROJECTS, B-3430 and B-3431 IN CHEROKEE COUNTY; B-4348 AND B-4349 IN JACKSON COUNTY; B-4690 AND B-4691 IN TR.ANSYLVANIA COUNTY, AND B-4692 IN HAYWOOD COUNTY, NORTH CAROLINA TVA has reviewed the elevation and plan drawings provided in your letter of July 8, 2003, on the proposed bridge replacements. Based on the plans provided, the following bridges would not require Section 26a approval because they do not create a new obstruction and are within the same alignment: B-3430, SR 1331 (Beaver Dam Road) over Hanging Dog Creek, tributary to Hiwassee Reservoir, Cherokee County B-3431, SR 1331 (Beaver Dam Road) over Cook Creek, tributary to Hiwassee Reservoir, Cherokee County B-4348 and B-4349, SR 1388 (Dicks Creek Road) over Dicks Creek, Tuckasegee River tributary, Jackson County B-4692, SR 1334 (Max Patch Road) over Wesley Creek, Pigeon River tributary, Haywood County The following projects would substantially widen the existing bridge by addition of lanes and would still appear to require Section 26a approval: B-4690 and B-4691, SR 1324,(Tanasee Gap Road) over Tucker Creek, French Broad River tributarynsylvania County 1 Mr. Mike Summers Page 2 September 9, 2003 We will confirm these determinations when we review the Categorical Exclusion documents and the final selected alternative during our permit review. If merger teams are established for any of the projects, please include TVA in the coordination for the project. In addition, if an envu-onmental assessment is to be prepared for any project, please contact TVA for consideration as a cooperating agency in the project. Should you have any questions, please contact Harold M. Draper at (865) 632-6889 or hmdraper@tva..gov. Sincerely, /~ ~ Jon M. ney,gvl~anager NEPA Administration Environmental Policy and Planning cc: Mr. John Sullivan, Division Administrator Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleig'.a, North Carolina 27601 ~. NA Tennessee Valley Authority, 400 West Summlt Hill Drive, Knoxville, Tennessee 37902-1499 May 23, 2003 Mr. Mike Summers Bridge Maintenance Unit North Carolina Department of Transportation 1565 Mail Service Center Raleigh, North Carolina 27699-1565 Dear Mr. Summers: REQUEST FOR COMMENTS ON BRIDGE REPLACEMENT PROJECTS, TENNESSEE RIVER WATERSHED, CHEROKEE, HAYWOOD, JACKSON, AND TRANSYLVANIA COUNTIES, NORTH CAROLINA TVA has reviewed the maps provided in your letter of May 1, 2003, on the proposed bridge replacements at 8 sites: , • *B-3430, SR 1331 (Beaver Dam Road) over Hanging Dog Creek, tributary to Hiwassee Reservoir, Cherokee County • *B-3431, SR 1331 (Beaver Dam Road) over Beaver Dam Creek, tributary to Hiwassee Reservoir, Cherokee County • B-4347, SR 1107 (Whiteside Cove Road) over Norton Mill Creek, Jackson County. No TVA approval is needed for this action in the Chattooga River (Savannah River) watershed. • *B-4348 and *B-4349, SR 1388 (Dicks Creek Road) over Dicks Creek, Tuckasegee River tributary, Jackson County • *B-4690 and *B-4691, SR 1324 (Tanasee Gap Road) over Tucker Creek, French Broad River tributary, Transylvania County • *B-4692, SR 1334 (Max Patch Road) over Wesley Creek, Pigeon River tributary, Haywood County *Depending on final design and alignment, TVA approval may be needed. Based on the information provided, we are not aware of any unique environmental features at the bridge replacement sites. The categorical exclusion documents prepared for these projects should note that an approval under Section 26a of the TVA Act may be needed for bridge construction (except for the B-4347 project). If merger teams are established for any of the projects, please include TVA in the coordination 1 .. Mr. Mike Summers Page 2 May 23, 2003 for the project. In addition, if an environmental assessment is to be prepared for any project, please contact TVA for consideration as a cooperating agency in the project. Should you have any questions, please contact Harold M. Draper at (865) 632-6889 or hmdraperC~tva.gov. Sincerely, ~ ~''`9 Jon M. L ey, Manager NEPA Administration j Environmental Policy and Planning Enclosure cc: Mr. John Sullivan, Division Administrator Federal Highway Administration 310 .New Bern Avenue, Suite 410 Palei!~h, I`Jc~rth CarolinZ 27F~1 Enclosure Typical Interactions During Project Development • Send scoping notice to NEPA Administration. TVA will reply to scoping . notices and indicate that a Section 26a approval is needed, there is other potential TVA involvement in the project, or explain that there is no TVA involvement. • Include TVA as a member of Section 404 Merger Teams for the Tennessee River Watershed. • Include TVA NEPA Administration on invitation list for monthly Interagency Coordination meetings. • Send monthly 13-month let list to NEPA Administration • Include TVA as a "cooperating agency" in NEPA and SEPA documents that require TVA permits or land use approvals • Send a copy of the preliminary draft of the EA or EIS to TVA NEPA Administration for comment prior to public release and approval. TVA will reply within the specified time frame, generally within three weeks. • TVA will reply to merger team correspondence and environmental documents with comments or reply that all the environmental issues are addressed and that it has no comments. • Send a copy of the publicly released EA or EIS to TVA. ® TVA may comment. If no comments are received during the review period, NCDOT will assume that TVA has no further comments. • Include TVA in Section 7 Endangered Species Act consultations. Notify TVA if formal consultation is undertaken, including a Biological Assessment and Biological Opinion. This will allow TVA to ensure that the incidental take permit is issued in the name of TVA as well as FHWA. • Include TVA in consultations under Section 106 of the National Historic Preservation Act. If u Memorandum of Agreement is prepared, provide TVA an opportunity to be a signatory. • Send a copy of the CE, FONSI, FEIS or ROD to TVA when completed. C\To~:~:.--tl~_ 4'_:tst.x-c~;~:7C~~. ;~:y~~~~,~~,~--~x~~xx.t o~"c" C xx~sz air o z~x. ~x~ ~ ~-x~t ~.~.x ~ I`T a-~txx~~.~. ~. ~ ~. c~-c.a_ x:',._. ~; ~~r _ _ _ _ Y ..~ I'~. l~^~ mow„ 074_ ~~X.l R"~_ ~~ ~.,"~ ._~r.:' '~~_~~ x_ Fem. ~ x: ":~. '~:' ~. ~~}~:5; AZichael F. Easle}~, Governor ~'4'illiam G. Ross Jr., Secretary David S. ~~ogel, Director ME)\~ORANDUM: May 19, 2003 TO: Melba McGee FROM: David Harrison ~%?~~-z'` SUBJECT: NCDOT Bridge keplacement Projects The NC Department of Transportation is preparing the planning and environmental studies for 16 bridge replacement projects in Buncombe, Burke, Cherokee, Haywood, Jackson, TvlcDow~~11, Rutherford, Stanl}', Surry, Transylvania and Yadkin Counties. If construction is restricted to existing right-of--ways, there should be no impact to Prime or Statewide Important Farmland. Any acquisition of additional right-of--ways for increase size, capacity or changes in approach could affect Prime or Statewide Important Farmland. In that case, the environmental assessment should include information on adverse impacts. 1: ~_ l'.~~' .. i r±: '. ~:i:; ;.:r)i)ii .:,'' .FalSill~i?Ji1 1:; tJ.~.:~Cl C%i. ii1S; 5011 Ser]eS and not on its current land use. Areas that are developed or are within municipal boundaries are exempt from consideration as Prime or Important Farmland. `~ l ur additional information, eons.:;.. ~:,~ ~,,;1; ,y~:cialists wi~il ui:; itiatural kesources Conservation Service, USDA, Raleigh, NC at (919) 873-2141. Cc: Mike Summers, NCDOT 16I4 Mail Sersrice Ceater, Raleig~i, Nortfa. Carol3aac 2?699-16~4~ Phone: 93L9 -733-232 \ F,~?~: 9Z9 -'T.E ~" 559 Zriterrtet: irru~usr_enr.rtate_rac.u~/~hTR/Zy5'ShrC/ A.'h .,"'G~UA_L. C1F-pO RT',_S2~T22"S' \ A.F'.z"2RhL F TS'Y~ Fa C,"~ ZON EZKPLO YER ^:O% 2~cECYCL~Z, / 1tS°.6 QGST CON6UM~F. PA.pER 1 o~~~ W A r~9pL ~ ~ ~ _ v _~. -i Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality July 10, 2003 MEMORANDUM TO: Mike Summers, Project Manager NCDOT Bridge Maintenance Unit FROM: Cynthia F. Van Der Wiele, NCDOT Coordinator (~V C1~ SUBJECT: Scoping Review of NCDOT's proposed bridge replacement projects: B-3430, B-3431, B-4347, B-4348, B-4349, B-4690, B-4691, and B-4692 in Cherokee, Jackson, Transylvania and Haywood Counties. In reply to your correspondence dated May 1, 2003 (received June 19, 2002) in which you requested comments for the referenced projects, the NC Division of Water Quality has the following comments: I. General Comments Re~ardin~ Bride Replacement Proiects 1. If corrugated metal pipe arches; reinforced concrete pipes, or concrete box culverts are used to replace the bridge, then DWQ recommends the use of Nationwide Permit No. 14 rather than Nationwide Permit 23. 2. Bridge demolition should be performed using Best Management Practices developed by NCDOT. 3. DWQ prefers spanning structures. Spanning structures usually do not require work within the stream and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation t canoeists and boaters. 4. Bridge deck drains should not discharge directly into the stream; stormwater should be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to NCDOT Best Management Practices for the Protection of Surface Waters 5. Live concrete should not be allowed to contact the water in or entering into the stream. Concrete is mostly made up of lime (calcium carbonate) and when in a dry or wet state (not hardened) calcium cazbonate is very soluble in water and has a pH of approximately 12. In an unhazdened state concrete or cement will change the pH of fresh water to very basic and will cause fish and other macroinvertebrate kills. 6. If possible, bridge supports (bents) should not be placed in the stream. 7. If temporary access roads or detours are constructed, they should be removed back to original ground elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'x10'. If possible, when using temporary structures the area should be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact, allows the area to re-vegetate naturally and minimizes disturbed soil. 8. A clear bank (rip rap-free) area of at least 10 feet should remain on each side of the steam underneath the bridge. tits N. C. Division of Water Quality, 401 Wetlands Certiiwation Uut, ] 650 Mai] Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6693 (fax), (h~://hlo.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 r 9. Sedimentation and erosion control measures sufficient to protect water resources must be implemented prior to any ground disturbing activities. Structures should be maintained regularly, especially following rainfall events. 10. Bare soil should be stabilized through vegetation or other means as quickly as feasible to prevent sedimentation of water. resources. 11. 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. 12. 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 uito streams. This equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. IL General Comments if Renlacin~ the Bridge with a Culvert 1. The culvert must be designed to allow for aquatic life and fish passage. Generally; the culvert or pipe invert . should be buried at least 1 foot below the natural streambed (measured from the natural thalweg depth)::.If ~ • multiple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream ?` ~' bankfiill or floodplain bench elevation (similar to Lyonsfield design). These should be reconnected to~'!~~'. floodplain benches as appropriate. This may be accomplished by utilizing sills on the upstream end to"'restrict or divert flow to the base flow barrel(s). Silled barrels should be filled with sediment so as'not to cause noxious or mosquito breeding conditions. Sufficient water depth should be provided in the base flow barrel during low flows to accommodate fish movement. If culverts are longer than 40-50 linear feet, alternating or notched baffles should be installed in a manner that mimics existing stream pattern. This should enhance aquatic life passage: 1) by depositing sediments in the barrel, 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic organisms. In essence, the base flow barrel(s) should provide a continuum of wafer depth and charmel wi:'.th without substantial modifications of velocity. ,:~:. ....,.~~;;2, If multiple pipes ox cells are used, at least one pipe or box should be designed to remain dry during normal . flows to allow for wildlife passage. 3. Culverts or pipes should be situated along the existing channel alignment whenever possible to avoid channel ~..: realignment. Widening the stream channel must be avoided. Stream channel widening at the inlet or outlet end of. structures t,/nic~tll~~ r.'~~:cr~~ases water ~~c'ocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 4. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized, and installed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. Tall fescue should not be used in riparian areas. If the area that is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be used as wetland mitigation for the subject project or other projects in the watershed. 1 III. Project-Specific Comments B-3430 Bride 43 over Han~in~ Doi Creek; Cherokee Co. Although this stream is listed as Class C, there are significant aquatic resources (Federal and State listed species of concern). DWQ would prefer this bridge to be replaced with a bridge and the use of BMPs (particularly for sediment and erosion control) to be maximized. B-3431 Bride No. 45 over Beaver Dam Creek, Cherokee Co. This stream contains several significant aquatic resources (Federal and State listed species of concern, threatened and endangered species). DWQ would prefer this bridge to be replaced with a bridge and the use of BMPs (particularly for sediment and erosion control) to be maximized. Bailey Fork Creek is listed as WS-IV. There are 30-foot vegetated buffer requirements in WS waters in addition to the requirements to minimize storm water runoff and maximize use of BMPs. Refer to 15A NCAC 2B .0216(3)(b)(i)(F) and (G). B-4347 Bride No. 3 over Norton Mill Creek, Jackson Co, Norton Mill Creek is classified as C Tr +. The + sign indicates that this drains to Outstanding Resource Waters. Since ORWs represent the State's highest water quality classification, DWQ would hope that a spanning structure is planned for this crossing. In addition, there are numerous Federal and State listed species in the project vicinity. Finally, we would stress that NCDOT should use the highest possible BMPs for protecting this resource. B-4348 Bride No. 15G and B-4349 Bridge No. 3G over Dicks Creek, Jackson Co. DWQ is aware that there may be mussel populations on this site as well as Federal and State listed species of concern. We recommend a spanning structure and maximizing the use of BMPs to minimize damage to these aquatic resources. If NCDOT is replacing these structures with culverts, you should be awaze that this involves two impacts to the same stream-impacts must be added together and mitigation may be required. B-4G90 Bridge No. 55 and B-4G91 Bridge No. 59 over Tucker Creek, Translyvarzia Co. If NCDOT is replacing these structures with culverts, .you should be aware that this involves two impacts to the same stream-impacts must be added together and mitigation may be required. B-4G92 Bridge 283 over Wesleys Creek, Haywood Co. DWQ does not have any special concerns. Please refer to general recommendations listed above. Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses aze not degraded or lost. If you have any questions or require additional information, please contact Cynthia Van Der Wiele at (919) 733.5715. pc: John Hendrix, USACE Asheville Field Office Chris Militscher, USEPA Marla Chambers, NCWRC File Copy f s ® North CarolinaWildlife Resources Commission ~ Charles R Fullwood, Executive Director TO: Mike Summers, Project Manager Bridge Maintenance Unit, NCDOT FROM: Marla Chambers, Highway Projects Coordinator 7~ ~~~e~r~-- Habitat Conservation Program, NCWRC DATE: June 26, 2003 SUBJECT: Scoping review of NCDOT's proposed bridge replacement projects B-3430, B- 3431, B-4347, B-4348, B-4349, B-4690, B-4691, B-4692 in Cherokee, Jackson, Transylvania and Haywood Counties. North Carolina Department of Transportation (NCDOT) has requested comments from the North Carolina Wildlife Resources Conunission (NCWRC) regarding impacts to fish and wildlife resources resulting from the subject project. Staff biologists have reviewed the information provided and have the following preliminary comments. These comments are provided in accordance with the 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). Our standard recommendations for bridge replacement projects of this scope are as follows: 1. We generally prefer spanning structures. Spanning structures usually do not require work within the stream and do not require streani channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridge deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. 4. If possible, bridge supports (bents) should not be placed in the stream. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 T le..l.,,.. e. /0101 717 1L27 e.,« 741 • ~.. e. /Q1Q1 71 ~.7LA7 Bridge Scopings Cherokee, Jackson, Transylvania., I=laywood Co.'s June 26, 2003 5. I:ftemporary access roads or detours are constructed, they should be removed back to original ground elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'x10'. If possible, when using temporary structures the area should be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact, allows the area to revegetate naturally and minimizes disturbed soil. 6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army Corps of Engineers nationwide and general `404' permits. We have the option of requesting additional measures to protect trout and trout habitat and we can recommend that the project require an individual `404' permit. 8. In streams that contain threatened or endangered species, Mr. Hal Bain with the NCDOT - ONE should be notified. Special measures to protect these sensitive species may be required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species Act as it relates to the project. 9. In streams that are used by anadromous fish, the NCDOT official policy entitled "Stream. Crossing Guidelines for Anadromous Fish Passage (May 12, 1997)" should be followed. 10. In areas with significant fisheries for sunfish, seasonal exclusions may also be recommended. i ] . ,~~_:~a1~;z~iai:.,,.; r:,r~d erosion; a>ntrol z~:eaures sullicient to protect aquatic resources must be implemented prior to any ground disturbing activities. Structures should be maintained regularly, especially following rainfall events. 12. Temporary or permanent herbaceous vegetation should be planted on all bare soil within ' ~ a~~,~~. ;~f .,.,~~~~d dist:ua~iz~g ac±i.;'~'. ,. t~~ provide long-term erosion control. 13. 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. 14. 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. e 15. Only clean, sediment-free rock should be used as temporary fill (causeways), and should be removed without excessive disturbance of the natural stream bottom when construction is completed. • ~- r~ Bridge Scopings 3 Cherokee, Jackson, Transylvania, Haywood Co.'s June 26, 2003 16. 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. If corrugated metal pipe arches, reinforced concrete pipes, or concrete box culverts are used: 1. The culvert must be designed to allow for aquatic life and fish passage. Generally, the culvert or pipe invert should be buried at least 1 foot below the natural streambed (measured from the natural thalweg depth). If multiple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream bankfull or floodplain bench elevation (similar to Lyonsfield design). These should be reconnected to floodplain benches as appropriate. This may be accomplished by utilizing sills on the upstream end to restrict or divert flow to the base flow barrel(s). Silled barrels should be filled with sediment so as not to cause noxious or mosquito breeding conditions. Suff.cient water depth should be provided in the base flow ban•el during low flows to accommodate fish movement. If culverts are longer than 40-50 linear feet, alternating or notched baffles should be installed in a manner that mimics existing stream pattern. This should enhance aquatic life passage: 1) by depositing sediments in the barrel, 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic organisms. In essence, the base flow barrel(s) should provide a continuum of water depth and channel width without substantial modifications of velocity. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated along the existing channel alignment whenever possible to avoid channel realignment. Widening the stream channel must be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 4. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized, and installed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-yeaz floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. Tall fescue should not be used in riparian areas. If the area that is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be used as wetland mitigation for the subject project or other projects in the watershed. Bridge Scopings 4 Cherokee, Jackson, Trans~~lvania, Haywood Co.'s June 26, 2003 Project specific comments: 1. B-3430, Cherokee Co., Bridge No. 43 over Hanging Dog Creek on SR 1331 (Beaver Dam Road). Hanging Dog Creek is classified as C and is listed as significant aquatic habitat. The hellbender (Cryptobranchus alleganiensis), federal species of concern and state special concern, has been observed downstream of the project area. A moratorium prohibiting ui- streamwork and land disturbance within the 25-foot trout buffer is recommended from January 1 to April 15 to protect the egg and fiy stages of rainbow trout. Sediment and erosion control measures should adhere to the. design standards for sensitive watersheds. 2. B-3431, Cherokee Co., Bridge No. 45 over Beaver Dam Creek on SR 1331 (Beaver Dam Road). Beaver Dam Creek is classified as C-Tr. The Hiwassee headwaters crayfish (Cambarus parrishi), federal species of concern, is potentially present in the project area. The knotty elimia (Elimia interrupta), state endangered, is potentially present downstream. A moratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer is recommended from January 1 to April 15 to protect the egg and fry stages of rainbow trout. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. 3. B-4347, Jackson Co., Bridge No. 3 over Norton Mill Creek on SR 1107 (Whiteside Cove I:.oad). Norton. Mill Creek is classified as C-Tr -~-. Ni.~merous federal and slate listed plant and animal species have been found in the vicinity of the project. Coordination with the resource agencies is expected. A moratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer is recommended from January 1 to April 15 to protect the egg and fry stages of rainbow trout. Sediment and erosion control measures ~.~.'_;l adhere to it,,, dsi~n ~~t~,--;dards fox sensitiv~~: , rshec',~. 4. B-4348, Jackson Co., Bridge No. 156 over Dicks Creek on SR 1388 (Dicks Creek Road). Dicks Creek, classified as C-Tr, flows to the Tuckasegee River. Potentially present in the project area are the smoky dace (Clinostomus funduloides), state special concern, and the Little Tennessee River crayfish (Cambarus georgiae), state significantly rare. The olive ciarlc ~ ". ,~~iaw~ . , i : _ ~-. ~ ~_~ ~ : , .corn and ,t ~' e.:,p:ecial concr~a~za, has been observed near the mouth of Dicks Creek. Present in the Tuckesegee River are the Appalachian elktoe (Alasmidonta raveneliana), federal and state endangered; wavy-rayed lampmussel (Lampsilis fasciola), state special concern; and wounded darter (Etheostoma vulneratum), state special concern. A moratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer is recommended from January 1 to April 15 to protect the egg and fry stages of rainbow trout. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. 5. B-4349, Jackson Co., Bridge No. 36 over Dicks Creek on SR 1388 (Dicks Creek Road). Same as B-4348 above. F~ 6. 8-4690, Transylvania Co., Bridge No. 55 over Tucker Creek on SR 1324 (Tanasee Gap Road). A moratorium prohibiting in-stream work and land disturbance within the 25-foot Bridge Scopings 5 Cherokee, Jackson, Transylvania, Haywood Co.'s June 26, 2003 trout buffer is recommended from October 15 to April 15 to protect the egg and fry stages of rainbow and brown trout. Sedunent and erosion control measures should adhere to the design standards for sensitive watersheds. 7. B-4691, Transylvania Co., Bridge No. 59 over Tucker Creek on SR 1324 (Tanasee Gap Road). Same as B-4690 above. 8. B-4692, Haywood Co., Bridge No. 283 over Wesleys Creek on SR 1334. No special concerns indicated. Standard requirements should apply. We request that NCDOT routinely minimize adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. The NCDOT should install and maintain sedimentation control measures throughout the life of the project and prevent wet concrete from contacting water in or entering into these streams. Replacement of bridges with spanning structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Spanning structures allow wildlife passage along streambanks, reducing habitat fragmentation and vehicle related mortality at highway crossings. If you need fiu-ther assistance or information on NCWRC concerns regarding bridge replacements, please contact me at (704) 485-2384. Thank you for the opportunity to review and comment on these projects. cc: Cynthia Van Der Wiele, DWQ Marella Buncick, USFWS Sarah Kopplin, NHP REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY VViI.MINGTON DISTRT.C:T, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 Regulatory Division June 10, 2003 Asheville Regulatory Field Office Mi-. Mike Summers, Project Manager Bridge Maintenance Unit North Carolina Department of Transportation 1565 Mail Service Center Raleigh, N.C. 27699-1565 Subject: Scoping comments for proposed Division 14 bridge replacement projects Dear Mr. Summers: Reference your letter of May 1, 2003 regarding our scoping review and comments on the following proposed bridge replacement projects: 1. TIP Project No. B-3430, Bridge No. 43 on SR 1331 over Hanging Dog Creek, Cherokee County. '+ , ' ~';:oject r?n. :-?~>~:' a ~ S,T' 1331 over B°avcr Dam Creek L _, T>rid_,e No. 45 n;, . , Cherokee Cou~ity. 3. TIl' Project No. B-4347, Bridge No. 3 an SR 1107 over Norton Mill Road, Jackson County. 4. TL' Project No. B-4348, Bridge No. 156 on SR 1388 over Dicks Creek, Jackson County. _.. ..~ Project Ivo. B-4349, 13riu~., ~..,. ,; uu ,.: ~ 1388 over Dicks C;reek,lackson County. 6. TIP Project No. B-4690, Bridge No. 55 on SR 1324 over Tucker Creek, Transylvania County. 7. TIP Project No. B-4691, Bridge No. 59 on SR 1324 over Tucker Creek, Transylvania County. 8. TIP Project No. B-4692, Bridge No. 283 on SR 1334 over Wesleys Creek, Haywood County. Pursuant to Section 404 of the Clean Water Act of 1977, as amended, Department of the Army (DA) permit authorization will be required for the discharge of excavated or fill material in waters (and wetlands, if applicable) of the United States, including disposal of construction debris. Specific permit requirements will depend on design of the projects, t r 1 -2- extent of fill work within the waters of the United States, construction methods, and other factors. Although these projects may qualify as a Categorical Exclusion, to qualify for nationwide permit authorization under Nationwide Permit #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. All activities, including temporary construction, access, and dewatering activities, should be included in the project planning report. 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 considered and addressed in the planning and environmental studies far the subject projects: a. The studies/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 by the proposed project. b. Off-site detours are generally preferable to on-site (temporary) detours which impact waters or wetlands. If an on-site detour is the recommended action, justification should be provided that demonstrates that alternatives with lesser impacts are not practicable. Please note that an onsite detour constructed on a spanning structure can potentially avoid permanent impacts to waters or wetlands and should be considered whenever an on-site detour is the recommended action. For projects where a spanning structure is not feasible, the NCDOT should investigate the existence of previous onsite detours at the site that were used in previous construction activities. These areas should be utilized for onsite detours whenever possible to minimize impacts. For proposed projects and associated on-site detours that cause minimal losses of waters or wetlands, a:n approved restoration and monitoring plan will be required prior to issuance of a DA nationwide or Regional general permit. For proposed projects and associated on-site detours that cause more than minimal losses of waters or wetlands, an individual DA permit and a compensatory mitigation proposal for the unavoidable impacts may be required. c. Project commitments should include the removal of all temporary fills from waters and wetlands and "time-of-year" restrictions on in-stream work if recommended by the NC Wildlife Resources Commission. d. All restored areas should be planted with endemic vegetation including trees, if -3- appropriate. For projects proposing a temporary onsite detour, the entire detour area, including any previous detour from past construction, should be removed in its entirety. e. The report should provide an estimate of the linear feet of new impacts to streams and wetlands, or other waters 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 to the aquatic environment, specifically addressing the passage of aquatic life including fish. The work must also not alter the stream hydraulics and create flooding of adjacent properties or result in unstable stream banks. g. The report should discuss and recommend bridge demolition methods and shall include the impacts of bridge demolition and debris removal in addition to the impacts of constructing the bridge. The report should also incorporate the bridge demolition policy recommendations pursuant to the NCDOT policy entitled "Bridge Demolition and Removal in Waters of the United States" dated September 20, 1999. h. Lengthening existing bridges can often benefit the ecological and hydrological functions of the associated wetlands and streams. In some cases bridge approaches are connected to earthen causeways that were built over wetlands and stre.•:3.;;~s. Replarin~ t?~~•~sc c~~use~va_ys ~.4-~',~~. longer bridges would allow previously impacted waters, wetlands and floodplains to be restored. In an effort to encourage this type of work, mitigation credit for wetland restoration activities can be provided to offset the added costs of lengthening an existing Projects should be screened to determine possible effects on federally protected species, or cultural and historic resources known to occur in proximity to or within counties of the project areas, and appropriate consultation/coordination .initiated with the U.S. Fish and Wildlife Service (Endangered Species Act) or the State Historic Preservation Officer (Historic Preservation Act) to comply with the provisions of those regulations. -4- Should you have any questions please call Mr. John W. Hendrix in the Asheville Regulatory Field Office at 828-271-7980, ext. 7. Sincerely, a~, r ~~.~j,, John W. Hendrix Project Manager U.S. Department of Horneland Security ',~' E United States Coast Guard Commander United States Coast Guard Fifth Coast Guard District 431 Crawford Street Portsmouth, Va. 23704-5004 Staff Symbol: Oan-b Phone: (757) 398-6227 Fax: (757)398-6334 Email: Lgonenberger~LANTD5.USCG.mil 16591 29 May 03 Mr. Mike Summers Bridge Maintenance Unit ........................... _.... _ North Carolina Department of Transportation _ _,..._.__. _.._... 1565 Mail Service Center Raleigh, North Carolina 27699-1565 Dear Mr. Summers: This is in response to your letter dated May 6, 2003, regarding eight bridge replacement projects in North Carolina. The Coast Guard's main concern with proposed bridge projects is the impact they tnay have on navigation and whether the projects will require a bridge permit. In order for us to determine if a bridge permit is required for each proposed bridge replacement, please provide the following information: a. Tidal influence of each waterway. b. Navigational use of each waterway. c. The depth of water and width of each waterway. d. A list of adjacent property -~i~ners at each waterway. . Upon receipt of this information, we will inform you on the status of each bridge project. If you should have any questions regarding this matter, please contact Mrs. Linda Bonenberger, Bridge Management Specialist, at (757) 398-6227. :: ~t..erely i 1 r~ WAVERLY W. GORY, JR. J~ Chief, Bridge Administration Section By direction of the Commander Fifth Coast Guard District North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary August 6, 2003 MEMORANDt1M Division of Historical Resources David J. Olson, Director TO: Mike Summers, Project Manager Bridge Maintenance Unit N.C. Department of Transportation FROM: David Brook ~ ~~~~ SUBJECT: Replace Bridge No. 36 over Dicks Creek on SR 1388 (Dicks Creek Road), near Dillsboro B-4349, Jackson County, ER03-1338 Thank you for your letter of May 1, 2003, concerning the above project. There are no recorded archaeological sites within the proposed project area. If the replacement is to be located along the existing alignment and there is no on-site detour, it is unlikely that significant archaeological resources will be affected and no investigation is recommended. If, however, the replacement is to be in a new location, or an on-site detour is proposed, an archaeological survey is recommended. We recommend that a Department of Transportation architectural historian identify and evaluate any structures over fifty years of age within the project area, and report the findings to us. 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, contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above referenced tracking ntunber. DB:bjs www.6ao.dcr.state. cc. us Location Mailing Address Telephone/Faz ADN11N1STRATION 507 N. Blount SL, Raleigh NC 4617 Mail Service Center, RaJcigh NC 27699-4617 (919) 733-4763 •733-865: RESTOR.iT10N 515 N. Blount St., Raleigh NC 4613 Mail Service Center, Raleigh NC 27699-4613 (919) 733-6547 • 715-480 SUKVEY & PLANNING 515 N. Blount St., Raleigh NC 4618 Mail Service Ccntcr, Raleigh NC 27699-4618 (919) 733-6545 • 715-480 cc: Gregory Thorpe, NCDO'I' Mary Pope Furr Matt Wilkerson Jackson County Public Schools 398 Hospital Road w~sO" cOo (828) 631-3331 Sylva, NC 28779 ~ ~% 1~ ~ Pax (828) 631-1956 << ~ Cell Phone 507-4054 C.E. McCar III Ed.D. o ''~,~ o" Y 6 ° Winston C. Reed Superintendent ~`c S`~ Transportation Director Driver's Ed. Instructor May 23, 2003 Mike Summers NC Depart.-t>ent ~f Transpartaticn Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Mr. Summers: Bus Transportation will not be affected by Bridge ## 3 on SR 1007; however, Bridge # 156 and # 36 would affect two school bus routes by cutting them short and leave us without access to the community. We understand and appreciate the work toward improving our bridges and roads ~...,~ ~V111 wc:-~.- -., it}~1 VO~l F~i?V \V<~~~~ tx~u C'~, ~O ~. .^CT'"'n~;^1-~ t~l~ ;^, ~~T(, ~;r, Sincerely, Winston Reed Transportation i)irector Jackson ~;oul~~y Schools F~lrccation is a Commitment: each child, each day, some way. ADDENDUM Historic architectural Resources Survey Report Replacement of Bridge #36 on SR 1388 (Dick's Creek Road) Over Dick's Creek Jackson County TIP NO. B-4349 Evaluation of National Register Eligibility Following r.;view of the Historic Architectural Resources Survey Report for B-4349, the HPO determined that Dick's Creek Baptist Church appears eligible for the National Register under Criteria Consideration A: Religious properties and Criterion A for its historical importance as the Dick's Creek community center, school, and church for over one hundred years, and that it is significant for its association with the development of a small rural community in Jackson County. The HPO found that most of the alterations to the building are evidence of its community functions, and that it conveys integrity of design, setting, workmanship, feeling, and association. In a memorandum to NCDOT dated May 3, 2005, the HPO requested a National Register boundary description, justification and map for Dick's Creek Baptist Church (Appendix B). Boundary Description and Justification The National Pegister-eligible boundary for Dick's Creek Baptist Church coincides with the property lines of the one-acre parcel on which the church sits. This boundary provides an appropriate setting for the church. The church faces northtivest and sits approximately twenty feet from Dick's Creek Road (SR 1388), which constitutes the northwest boundary of the property. The land slopes steeply upward immediately behind the building. Most of the parcel is paved for parking. The parcel lacks significant landscaping such as decorative trees and shrubs, walls, o: paths. An open metal picnic shelter is located adjacent to the parking lot on the northeast side of the building. No outbuildings are present on the site. No grave markers or burial sites were noted at the site. Boundary Map The boundaries a,~e shown on the attached map. ~_.G,.i~l li: ~ is ~~.r;:it;i,_~I~II_ ~il~" - E:~~,~".i; -~.l~iiiP.,~l)1',1 t i~ t r ,~ .# ti r i`'sa rr.~ ~~ rC -, X Y~ '~ ~ ~P t,#i A _ . J" ~ ~ "~} r~ `:. ~.4 r ~ t t i ~~ ~'a .~ ~ ~ '~"~ ,~~rxf ~ i p Jr~ t ~' d' ~. ~ _.¢ .. ~'* - i . t • r r.. L ~ _ ~., ~ fi F !R ~'f'~ ~ }t~,~i ` n .~ .~y~ ~ ~ ~+,q a f{."' F 4 I d7 r+q ~ y,-~ ~1"'~t p a "~.b t~S ~ ' ~ f` f ~~.' ^~ . {' .. r _.. t v ' ~; w~ _~!~ ,G, ~~`~.~,.it~r«3 ~ P.~ f ~r `mss ~ ',r 4 ~'. m~„' K i~~'~: a ~'° t ' >,' ~ `•r -r '.: ` ~ t'~ f #Fn ' t ~ ~ Y;, `til r >•i ~ '~(/ ,.y ivF ~, ~.~ $ ,~ 7 ~ ~, ~ ~"rta .r ~ ' 1 P ~'~ ~,V :v~ .,q T ~'m ,~ d e k b , r ~ ~ ~ ,,:~ , t b t ~ emu. ~+~ ~~- « .. r. 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Ft ~.T~ ~5~. ei~ ~1 ~ Rl~r ~.~b,~tr' w p~'~`ti ~-. n, .! w}, ~ ~,R `a_ 1i his Y :~Ir "i ~~ ,~ `~4- ~'• r ;r rK.ti "f ~ n J ~ ~;: ~. y. ~ '~~ t ~ ti ~R .p ~y { Y~ Y ¢ ~~}k ti to ~ ~~.. h i~ fl .g~''- ": t ~ -r 9 :%? 4i '''.' - r Y .d. f` i ~.r ~'„a,d} kw F Irk N ~,- t ., -~k~ ~,.. ~~{,+ r 7 i• ~ Ai~ Yl r. .rd, -F-~~ ~ i t - r uF -. r:,7,.2 ~, r ~~ I - ~~ '~. ;4 ~ ~ n .t w 7C)J ~P ~ 7 ¢~~ ~,.. A r 3`~ '. 4 ~ 4 ' t fie..,- ;. ,,.,^ ._- ,: . L NATIONF,I_ REGISTER E~;OUNDARY E-4349 FigUr~ t~9o. Bridge No. 36 over Dick's Creek on SR 1388 Natural Resources Technical Report T.I.P. B-4349 Replace Bridge No. 36 on SR 1388 over Dicks Creek Jackson County, North Carolina State Project No. 8.2961501 (WBS PE No. 33679.1.1) Federal-aid Project No. PHF-1388(2) Prepared For: North Carolina Departra~ent of Transportation P~~~F NO R ii1 C~R4<i ~~ O ~a ,`O ~,Q~ ~~~. ~FMTOF TRAN~~O SepteYnber 2003 Project No. 2002290.01 .. <l~l..~: l . L.lil~lf:ilt" 1. Introduction ............................................................................................1 1.1 Project Description ................................................................................................................. 1 1.3 Methodology ....................................................................... ..............2 ....................................... 1.4 Qualifications of Principal Investigators ............................................................................. 4 2.. P1lysical It.esou.rces .................................................................................5 2.1 Soils .....................................................................................................................................6 2.2 Water Resources ..................................................................................................................... 9 2.3 Physical Resource Impacts .......................................... ...............................................:........12 2.4 Aesthetic Values ....................................................................................................................13 3. Biotic Resources ...................................................................................14 3.1 Vegetation and Plant Communities ...................................................................................14 3.2 Terrestrial Wildlife ................................................................................................................16 3.3 Aquatic Habitats and Wildlife .............................................................................................17 3.4 Biotic Resource Impacts ......................................................................................................18 `~`'~.~:ers o,f ti-~~ CJni.te~i State- .,.,.. ............... .........................................?.Q ~.i Surface ~/'aters .......................................................................................................................20 4.2 Jurisdictional Wetlands ........................................................................................................ 20 4.3 Impacts to Waters ................................................................................................................. 21 4.4 Permit Requirements ..................................................................................................:......... 21 4.5 1VLitigatioii ............................................................................................................................... 22 5. Rare anti Protected Species......... ....... ....................,.....................,.....,2 5.1.1 Appalachian elktoe (.Ala.rmidonta raveneliana) ........................................................... 24 5.1.2 Carolina northern flying squirrel (Glaarcomyr sabrinur coloratu.r) ............................. 25 T' ~~, 5.1.5 Swamp pink (Helonia.r blrllata) ........................................:.......................................... 28 5.1.6 Small-whorled pogonia (Lrotria medeoloide.r) .............................................................. 2.J ~ r"~ y ..~ ~ ~yt~' ~ ................................................................................... ~,~ 7, Referezlce:; .............................................................................................32 Figures 1. Project Vicinity Map 2a. Bridge Cc>nstruction Plan 2b. Terrestrial Communities 3. Soil Units 4. Area of Impacts Tables 1. Existing Soils 2. Protected Species Listed for Jackson County Photographs .A.. ~AA LI.UL:. ~I I. ~. ~.~ZA Mulkey Engineers & Consultants, Inc. (MULKEI~ has been retained by the North Carolina Division of Transportation (NCD(~T) to prepare a Natural Resources Technical Report for the proposed replaceii~ent of Bridle No. 3(i on llicks Creek Roacl (SK 1388) over lUicks Creek in Jackson County, North Carolina. The following report is submitted to assist in the consideration of alternative designs for the proposed project. 1.1 Project Description The pro}~osed project, identified as TIl' No. 8-4349, will replace Bridge No. 36 over Dicks Creek at its existing location on existing grade in Jackson CoLlnty, North Carolina (Figure 1). The existing bridge has a timber floor on steel I-beams with concrete abutments and has one span for a total length of 25.6 feet (7.8 meters). The clear roadway approach is approximately 20 feet (6.1 meters) while the section of road over the bridge is 19.2 feet (5.9 meters) vride. The l:~ridtc, built in 1974, is currently in poor condition and is classified as functionally obsolete. The existing road right-of-way is assumed to be 30 feet (9.1 meters) on the centerline. Rehabilitation of the existing structure is not a feasible option due to its age and deteriorating condition. The new bridge will be approximately 50 feet (7 5.?_ meters) in length, and 30 feet lJ.t 1,11c LCLS~ W~.iC alld C.l:i.iJ1~L li,. la~i.i C:. C; i,C. iJ 1. (.u11C. i. .iC sUpflrStrlaCLL11 :: '~J1I'il V~:'L~ll. i;.l abutments. The existing centerline will be shifted 6 feet (1.8 meters) upstream. The safer structure, consistent with federal an.ci state bridge design standards. A "No L'uild" alternative is not feasible given the poor condition of the bridge. The only design alternative is to replace the bridg,c. ~~,. e:r' t7.ng location and have one lane open at all. times for traffic flow. Discussions of the "No Build" alternative are not included in this report since there are no u-.npacts to natw:al ,..>sot~rc~ ;from. its i nr,l;_tuenta','orl. This repo;:t describes th-~ n~`~_lra.l :;ysterzls associated with the }>roject's study area as deFined be'loW. 1\~~.tLi1'~l i 1a 5C?P . ', , CSr 5' _i~:115 wt;1f. COLCl}]lEtCd LlSlrlg a s~.,.t:i~ corridor approximately Page 1 of 35 250 feet (7<,.2. meters) long, as measured from each end of the bridge, and 50 feet (15.2 meters) wide, as measured from the centerline of the roadway (Figure 2). The project study area denotes the area bounded by the proposed construction limits. The project vicinity describes a larger area that extends approximately 0.5 miles (0.2 kilometers) on all sides of the study area. The project region is the area represented on a standard 7.5-minute U.S. Geological Survey (USGS) topographic quadrangle map. 1.2 Purpose The purpose of this technical report is to inventory, cataloi~, and describe the natural systems within the study area. Impacts resulting from the proposed action are identified and estimated based a conceptual design and construction occurring within the study corridor as described above. Actual impacts may be less depending on final design requirements for cut and fill slopes and roadway approaches to the bridge. The NCDOT currently owns existing right-of-way along this road. Recommendations are included in this report for measures which will. minimize resource impacts. These descriptions and estimates are relevant only in the context of existing preliminary design concepts. If parameters and criteria change, additional field investigations will be conducted. 1..3 Methodology Field investigations along the project area were conducted by qualified biologists from MULI{EY betwecri April and July 2003. Field surveys were undertaken to determine natural resource conditions and to document natural communities, wildlife, and the presence of protected species or their habitats. Published information regarding the project area and region was derived from a number of resources including: USGS 7.5-minute topographical quadrangle maps (Whittier and Sylva North, North Carolina), U.S. Fish and Wildlife Service (USFWS), National Wetlands Inventory (NWI) maps, USGS aerial photomosaics of the project area (1"=100'), and Natural Resources Conservation Service (NRCS) soil survey maps of Jackson County. Water resources information was obtained from publications of the North Carolina Division Page 2 of 35 ~~i rcpt l l~l<,l ~% ~~';L~. ~ ~~l,~j• ~.~ i10:. ,__~( _,.~ ~ ;CU (h:CUTl't~l,i.:(. ~i 'i al ~ Lr, protected species within the project area and vicinity was gathered from the USFWS list of protected species and the North Carolina Nahual Heritage Program (NCNHP) database of r:~r~_ she~.i~s are t~nln~ue 1-~abita-l:. Dominant plant species were identified throughout each strata for all natural communities encount~:red. PL~.n.t conunuliity descriptions a.re based on tltose classifr~d iu Sc:ltafale anal Weakley (1990), where applicable. Names and descriptions of plant species generally follow Radford et al. (1968), unless more current information is available. Animal names and descriptions Follow North Carolina. Wildlife Resource Commission (NCWRC, 2.003), Conant and Collins (1998), Lee et al. (1980 et seq.), Rohde (1994), Stokes (1996), and Webster et al. (1985). Scientific nomenclature and common names (when applicable) are provided for each plant and animal species listed. Subsequent references to the same organism include the common name only. :During field surveys, wildlife identification involved a variety of observation techniques, which have included active searching and capture, visual observations (both with and without the use of binoculars), anal ol:,serving the characteristic si,4ns of wildlife (sounds, scats, tracks, and burrows). Any organisms that may have been captured during these searches wer.P. identifte~l anal ,nlc~sed without lntury. Quantitative water sampling was not undertaken to support estisting data. prescribed in the Corps of F:ngineerr lfletlandr .Delineation Manual (1_a,nvixoiunental Laboratory 1987). Supplementary technical literature describing the parameters of hydrophyti.c -~ egetation, hydri.:: soils, and. hydrological indicators wer.~ also utilized. Wetland functions were evaluated according to the NCDWQ's rating system, 4t1' version (1995). Surface waters 'n. tl~.~: l;roject area we.~:c c:valua~< <'. ~~.: d clas;.if ~~ '. b~~;c ? orl a prepoizderance of perennial stream characteristics as defined in NCDWQ's Stream Cla,rs~cation Method, 2"d version (1999). Page 3 of 3S 1.4 Qualifications of Principal Investigators Investigator: Julie R. Gibson, Scientist Education: BS Earth and Environmental Science, Lehigh University MNR (Natural Resources -Restoration Ecology), North Carolina State University Experience: Mulkey Engineers & Consultants, June 2003 to present Naturalist, Morris County Park Commission, January 2000 to August 2001 Expertise: NEPA investigations, Section 7 field investigations, wetland determinations, and habitat assessments Investigator: Cindy S. Carr, Scientist Education: BS Natural Resources (Ecosystem Assessment Concentration), North Carolina State University ASBA Business Administration, Calhoun State College Experience: Mulkey Engineers & Consultants, November 2002 to present Biologist, ARCADIS, May 2000 to November 2002 Sample Manager, CH2M HILL, October 1989 to June 1996 Certifications: Wetland Professional-In-Training, Society of VG'etland Scientists Stream ID and Buffer Rule Applications Program, NCDWQ Penthic Collcr_tion Protoc~.~'n for Su.ea~n Restoration, NCDWQ Expertise: NEPA investigations, Section 7 field investigations, wetland determination and delineation, stream determination and delineation, stream and wetland zestoratiou, habitat as~~ss~_..cnts, Rus~;cu s~., _a~ i assessment and classification, and HAZWOPER. Page 4 of 35 ~.. .£'lxys~cal- z~.~.~sou:~c:es The }project site encompasses an area in Jackson County about 3.5 miles (5.6 kilometers) north of Dillsboro and about 4 miles (6.4 kilometers) northwest o£ Sylva. Jackson County is situated in the southwestern part of the state and shares a border with Swain, Macon, Haywood, and Transylvania Counties and with South Carolina. The site is located in the I31ue Ridge physiographic province. 7'he geography of Jackson County ranges from relatively Ilat basins and narrow valleys to rolling hills and very steep mountains (Sherrill, 1997). The majority of the county area is located in the Tuckasegee River watershed, which drains toward the north. Small portions of the county in tl-.e southeast and southwest corners are drained by the Whitewater River and Chattooga River, respectively. Elevations in the project area range from approximately 2,000 feet (610 meters) above Mean Sea bevel (msl) near Dillsboro t.o approximately 3,960 feet (7 ,207 meters) in the Nantahala T~Tatiora.l I~,>:;•.:,i ga~ne.la.nds, noi-, ,v ~:,±: of t!.ie project site. The geology underlying the project area is part of the Alligator Back Formation in the Blue Ridge Belt. As part of the Coweeta Group, it consists of interlayered migmatic rock that is gradational with biotite- t, ~ ~, ' ar. ,~,~,iho~:'e. n~.~a,•t~ a~ul. al,urnir~c, ;.'~)ic~,tcs ar.e locally abuzldant (NCDL,R 1185). •,~ :.: . , :;:c:i'~<~t~ ~;: _nl~ is systems, where ,... 7 formation of soil systems is affected more by parent material rock, aspect, and landscape position than by elevation (NCSU, 1999). i'he projec~ ~;.:: is located within multiple flood hazard zones as defined by the National Flood Insurance Program (FIRM) of the Federal Emergency Management Agency. The narrow vaIley surrounding :Dicks Creek, including the project site, is located within Zone A. 'i'he majori~y o£ the surrounding area is located within "Lone X. 1'he zone designatiozts within the project area axe shown on FIRM pane1370282 0050C £or Unincorl~ora.ted Jackson County, effective May 17, 1989. one; ~. i.. t..•, f7 god insurance. rs~te zone that corresponds to the 100--year floodplains that are determined in the I''.nod Insurance Stuc'~r by appxc~~irrzate zhethods. No Base Flood Page 5 of 35 Elevations (BFE) or depths are shown within this zone because detailed hydraulic analyses are not performed for such areas. Mandatory purchase of flood insurance requirements apply to this flood zone. Zone Y is the flood insurance rate zone that corresponds to areas outside the 100-year floodplains, to areas of 100-year sheet flow flooding where average depths are less than 1 foot, to areas of 100-year stream flooding where the contributing drainage area is less than 1 square mile, or to areas protected from the 100-year flood by levees. No BFEs or depths are shown within this zone (FEMA, 1989). 2.1 Soils The process of soil development depends on both biotic and abiotic influences. These influences include past geologic activities, nature of parent materials, environmental and human influences, plant and animal activity, time, climate, and topographical position. Soil associations are defined as landscapes that exhibit distinctive proportional patterns of soils consisting of one or more major soils and at least one minor soil. The soils within an association generally vary in slope, depth, stoniness, drainage, and other characteristics (Sherrill, 1997). The Soco-Stecoah-Cheoah association occurs in the project area. The Soco-Stecoah-Cheoah association map unit makes up about four percent of Jackson County. It is found on rugged, dissected mountains that have long side slopes and very narrow, winding ridgetops and drainageways. Slopes range from 15 to 95 percent. Drainageways join and become creeks, which join the rivers. Approximately 32 percent of this association is made up of Soco soils, 25 percent of Stecoah soils, 22 percent of soils, and 21 of other minor soil units. These minor soil units include Spivey and Santeetlah soils in coves and along toe slopes, and Cullowhee, Nikwasi, and Reddies on narrow floodplains. Small areas of rock outcrop axe also included in this map unit. Soils mapped in the project area are the Cheoah unit and the Junaluska-Tsali and Spivey-Santeetlah complexes, as described below (Sherrill, 1997). These soil units are summarized in Table 1 and shown in Figure 3 Hydric soils are defined as soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration Page 6 of 35 Vi l.tyCL;.Cilil.lyl_i~: VC;~ta,ltiUil (~.000~tJ'UIIl CL al., 19 ~~~~. 11 ~rLOWlllf~ SC850n lE the ~)Ort10I1 O a. year when the soil temperature measured 20 inches below the soil surface is above 41 °F (Environmental Laboratory, 1987). Based on data available from the NRCS National \%Jc~;~tl,~1~ and Climate Center sta.t7or,. loc.a.ted zt Cullr,we~~, NC, the g:~c~w.ing season for t}ir~ area of Jackson County that includes the project site generally occurs between late March and late October (NRCS, 2002). Soils referred to as "hydric A" are completely hydric throughout the mapped soil unit. ") iydric B" soils are non-hydric soils that contauz inclusions of hydric soils, usually in depressional areas or along the border with other soil units. Based on the Jackson County soil survey, no hydric soils occur in the project area (Sherrill, 1997): Cheoah (ChF) soils are very steep, well drained soils that develop on north to east facing or shaded side slopes of intermediate mountains. Permeability is moderately rapid and depth to bedrock is more than 5 feet (1.5 meters). Surface runoff is slow in undisturbed areas but ral7id ul disturbed areas or where forest leaf litter has been removed. The soil may be frozen for long periods during the winter and may take longer than other soils to warm up in the spring. Underlying bedrock may be susceptible to landslides, especially during periods of intensive rainfall and heavy traffic... Rock seams bearing large quantities of sulfur maybe exposed during construction. If this sulfur is washed into nearby streams it can harm or kill a.qua.ti.c life by increasinn the acidity of the water (Sherrill, 1997). Junaluska-Tsali complex QtF) is composed of moderately deep, well drained Junaluska soil _. ~~ ~: _ ~ <~.~1. the ~ ; ; ound oz.~ veiy stc.l , _~.;~h to west facuig side slopes in the low mountains. Individual areas are irregular in shape. Junaluska soils formed >n saprolite weathered from metasedimentary rocks, such as phyllite or ~;~tasandsto~a; ~, <~.:ld make ul, <-,0 to 70 percent of the con~l-~le~r. "i'sa.li soils formed in saprolite weathered from metasedimentary rocks, especially phyllite, and make up 20 to 30 perr.ent. Junaluska soil surface layer. is typically dark brown ch.annery fine sandy loam, and subsoil is strong brown channery oam and yellowish red channery clay loam. Tsali soil :~t'r.!~:c~:e lac-~~r. i.s d;Grl; brown cl,.annery fine sandy loam, acid s~.,b;oil. is br.~>wn and yellowish red channery foie sandy loam. Tbi soil complex h~~.s a moderate pex7ncability and slow surface runoff rate >n undisturbed areas. 1-lowever, disturbed areas leave a rapid runoff rate. Depth Page 7 of 35 to high water table is greater than 6 feet (1.8 meters) from the surface for the entire complex. Depth to bedrock is roughly 20 to 40 inches (51 to 101 centimeters) in the Junaluska soil and 10 to 20 inches (25 to 51 centimeters) in the Tsali soil (Sherrill, 1997). The Spivey-Santeedah complex (SrD) and (SxE) is composed of moderately steep, very deep, well drained Spivey and Santeetlah soils. This unit is found on benches, toe slopes, and along drainageways in intermediate mountain coves. Spivey soils are formed in colluvium and local alluvium from soils underlain by metamorphosed sedimentary rocks that have moved downslope. They make up 45 to 55 percent of the complex. Santeetlah soils are formed in colluvium from weathered metasedimentary rocks and make up 25 to 35 percent of the complex. This soil complex has a moderately rapid permeability and slow surface runoff rate in undisturbed areas. However, disturbed areas have a medium to rapid runoff rate. Depth to bedrock is more than 5 feet (1.5 meters). The seasonal high water table is snore than 6 feet (1.8 meters) from the surface. A commonly applied indirect measure of the quality o£ a site for potential use in forestry production is the site index. The site index reflects the relationship of average tree height of dominant and codominant trees in a stand to the age of the stand, usually an even-aged stand of 50 years (Avery and Burkhart 1983). County soil surveys typically include site index information for selected species fox each soil map unit. The site index ranges for the map units found at the project site are provided below. Page 8 of 35 .Sort Map ' _ ' Site Index Rarige ~ UruE _ 'Species ~'~~ Chl~ Black clicx~ty (Prr~rrzi~~~.rr.ruinu) American beech (Faga~s americana) 74 to 103 Northern red oak (Quercus nrbra) Yellow poplar (L_ ~iodc~rrdron tulipiferca) JtF Eastern white pine (Pinars strobes) Virginia pine (Pinars virginiana) 52 to 86 Scarlet oak ~srerc~r~ cacrzrrea) SrE Eastern white pine (Pines strobes) Northern red oak (Quercus rubra) 80 to 100 Yellow poplar (Liriodendron tulipifera) SrL~ Northern re°cl oik (,Quercars nrbra) Eastern white pine (Pines strobes) 80 to 100 Shortleaf pine (Pines echinata) .2 Watex Resour:cc;s The project site is located within the Tuckasegee River watershed of the Little Tennessee r'LL' l',~i15111. .L 11 _.i rl~~:r ~: 1',i.:~ ilC~i,l, ~ _ _ :;i:LCa.5l.'aal L?CUl'~"1_ al1Ci 1iOWJ nortl7f.'aSLW'~U:i through seven large, unique mountain ranges before joining the Tennessee River in eastern ~i' nressee (Nr:h`~`C1Q, ?,00~). "r'' ;, ~- ;'-*1r, Tennessee River is critical ha.hita.t for three federally- ti.;;ted endangered species: a fish, the spotfin chub (G~rinella monacha), and two mussels, the Appalachian elktoe (Alasmidonta raveneliana) and the little-wing pearly mussel (Pegias fabula). Dicks Creek converges with the ':Cuckasesree River about 7_.5 miles (4 kilometers) downstream from the project site. Approximately 660 feet (201 meters) north of the project area, the East Fork Dicks Creek and the West li'ork Dicks Creek converge to form Dicks Creek. Several smaller tributaries drain ii-ito the West Fork Diclcs Creek upstream of the p.rolect site. Page 9 of 35 Dicks Creek is located withui Little Tennessee River Subbasin 04-04-02, which includes Fontana Lake and the Tuskasegee River. The NCDWQ stream index number for Dicks Creek is 2-79-42 and the USGS 8-digit hydrologic unit is 06010203. The NCDWQ classifies surface waters of the state based on their intended best uses. The North Carolina Administrative Code provides a working defuution for perennial, intemittent, and ephemeral streams (NCAC, 1999). Perennial streams have water flowing u1 awell-defined channel for a majority of the year (greater than 90 percent of the time). Dicks Creek is a perennial stream that accounts for the surface waters in the project area and are designated as Class "C" Tr waters. The class C designation denotes freshwaters protected for secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, and others uses. A Tr designation indicates freshwaters that are protected for natural trout propagation and survival of stocked trout species (NCDWQ, 2002). The stream channel associated with Dicks Creek averages approximately 8 feet (2.4 meters) wide in the project area, and 1 foot (0.3 meters) deep, with a substrate of cobble and bedrock. Bankfull width averages 17 feet (5.2 meters) and bank height averages 2.5 feet (0.7 meters). Riffle and run sequences are established with deep pools present. Dave Rosgen of Wildland Hydrology, Inc. has established a classification system for stream channels based on fluvial geomorphologic principles and landscape position. Based on this classification method and field observations during the site visit, the stream appears to be a Type Bc; a high energy, cascading, with step/pool sequences, very stable with bedrock anti cobble dominated channel. Section 303(d) of the Clean Water Act requires states to develop a list of waters not meeting water quality standards or which have impaired uses. Waters may be excluded from the list if existing control strategies for point and nonpoint source pollution will achieve the standards or uses (NCDWQ 1999). North Carolina's 303(d) list is a comprehensive public accounting of all impaired waterbodies in the state. A review of the 303(d) found that none of the streams located in the project vicinity, including Dicks Creek, were included on the current 303(d) list (NCDWQ, 2003a). Page 10 of 35 ., i .~.L1C.1~', ~~:.'.'.t.w:_C~L~_it0l=tYlg J~':~tCLll (_`~'~_~'~._~) 1:, a,If:i:~w"01~ U St%CfII:CI, 1a1:", and. CP'.ilrl~'tlf. Wat~i'.- quality monitoring stations strategically located for the collection of physical and chemical water-quality data. The type ofwater-quality data or parameters collected is determined by tl,.e. ~t%aterbody's classification and c o~_tesponding water quality stan.da.rd;;. 11~e AMS determines the "use support" status of waterbodies, meaning how well a waterbody supports its designated uses. The only AMS monitoring station in Jackson County is located in Bryson City. There are no AMS monitoring stations along Dicks Creek (NCDWQ, 2003b). However, the NCDWQ has classified Dicks Creek as fully supporting (FS) its uses. A fully supporting rating is given to waterbodies that fully support their designated uses and generally have good or excellent water quality (CGIA, 2003). The nearest benthic macroinvertebrate sampling site to the project area is located approximately 5 miles (8 kilometers) downstream on the Tuckasegee River at SR 1377 (Macktown Road), west of Sylva. This site was last sampled in 1999 and was given a bioclassification rating of good (NCDWQ, 2002). The North Carolina Index of Biotic lntegrity (NCIBI) is used to assess the biological integrity of streams by examining the structure and health of the fish community. The index incorporates information about species richness and, composition, trophic composition, fish abundance and fish condition. No NCIBI ratings are currently available for the project area (NCDWQ, 2003c). Point soi,..cce dischargers throughout North Carolina are regulated through the National, Pollutant Discharge Elimination System (NPDES) program. Dischargers are required by r: _`1 Orly~_~ {',_ ?. a~w~JQ ~7~1( tliC.1(: 5~.. ~ ~ T ry. .'i~_ ~ ... 'v ~ - ,. .. .. dischargers within the 04-04-02 subbasin. The two largest dischargers are the waste water treatment plants (WV~'TP) operated by the Tuckasegee Water and Sewer Authority. Two of `lJ.,:; `;rn,Y/~I l~s dl:,,^~7:'..t~~u t~~ .1~~~7C~c`aSC;gGC: RtVer and SCOttS CrP.Ck <Own:'treaYl:l fLO2;t t11C prOlECt area. No significant compliance or toxicity problems have been reported for an.y facility operating u1 this subbasui during recent years (NCDWQ, 2.002). Th.e ~: , r nary sources of water duality degta.d.ation in urban areas axe non-l:~oint sources of discharge, wl-,iclz include sttxface water runoff and construction activities. Short-term impacts to water quality £rom ~orratxuction-related activities i tclude increased sedimentation Page 11 of 35 and turbidity. Long-term construction related impacts to water resources include substrate destabilization, bank erosion, increased turbidity, altered flow rates, and possible temperature fluctuations witlvn the channel due to removal of streamside vegetation. Precautions should be taken to minimize impacts to water resources from runoff and erosion in the project area. Jackson County has locally-delegated erosion and sediment control programs that require erosion and sediment control plans for activities disturbing more than one acre (0.4 hectare) of land. 2.3 Physical Resource Impacts Project construction for road widening or new roadway location will impact soils and topography within the project area. The primary sources of water-quality degradation in rural areas are agriculture and construction. Precautions should be taken to minimize impacts to water resources in the project area. Construction related impacts to water resources include loss of aesthetic values, substrate destabilization, bank erosion, increased turbidity, altered flow rates, and possible temperature fluctuations within the stream channel caused by removal of stream-side vegetation. Short-term impacts to water quality from construction-related activities are related to increased sedimentation and turbidity. Aquatic organisms µ. e very sensitive to the discharges and inputs resulting from construction. Appropriate measures must be taken to avoid spillage and control runoff. Such measures should include an erosion and sedimentation control plan, provisions for waste materials and storage, storrnwater management measures, and appropriate road maintenance measures. NCDOT's Be.rtManagement Practice.rforProtection of Surface Waters. (Bl~IPs - PSG and Sedimentation Control guidelinc;s should be strictly enforced during the construction stages of the project. Long-term impacts to water resources may include permanent changes to the stream banks and temperature increases caused by the removal of stream-side vegetation. Bridge demolition activities to remove the existing bridge are included as part of the build alternatives. The bridge demolition activities associated with this replacement will strictly follow NCDOT's Bert Management Practicer for Bridge Demolition and Removal (BMP-BDR). As Page 12 of 35 l~f:l' i... t', ~}.i•..:.1. ., - ~.~.~.:i`., a]l. Y.:AC.~C10 ., !;i. dtL101i1J.Ui~. b..,,1~1 Ui~. C. V.I.S:u~_'~S:_i a.Ili~. Lt ,. ~)iL1;lf.:T:LeC1 Whel~•J practical, other than dropping the bridge in the water. 'J'lle i;roi',osed project is a Case 2. eate~g<~ry as defi.uecl in the NCI~U'l s IiMI's - BDR. The Case 2 category allows no work at all in the water during moratorium periods associated with fish migration, spawning, and larval recruitment into nursery areas. The NCWRC has identified prohibitions against in-streaz,.i activities for the project area due to the presei~.ce o£ several aquatic species currently protected under state and federal laws as well as for protection of rainbow trout (Oncorbynchu.r myki.cr) (NCWRC, 2003c). In-stream activities and ]and disturbance within t_he 2.S-foot (7.6-meter) trout buffer are. prohibited from January 1 through Apri115 in order to prevent sedimentation from impacting fish eggs and fiy downstream of the project site. 'L.4 Aesthetic Values Aquatic ecosystems provide a sense of aesthetic values to many people. The discharge of dredged or fill materials into an aquatic ecosystem can adversely affect the characteristics or water quality which make the area valuable to the public and property owners. When these systems are impacted by discharge of dredged or fill material it can mar the natural beauty enjoyed by the public and private property owners as well as degrade water quality, create .~1sU~aciutg dtspo.,~A si!~e~, lead to in.apl~~ul),iate rii:ve'iol~rnenC, proviuc utlplatui.ed ur incompatible public access, damage the visual distinctiveness of an area, or reduce biotic .,;<_ Page 13 of 35 3. Biotic Resources This section describes the existing vegetation and associated wildlife that occur within the project area. The project area is composed of different vegetative communities based on topography, soils, hydrology, and level of disturbance. These systems are interrelated and in many aspects interdependent. Potential impacts affecting these communities are also discussed. Scientific nomenclature and common name (when applicable) are provided for each plant and animal species listed. Subsequent references to the same organism include only the common name. 3.1 Vegetation and Plant Communities The MULKEY field survey team observed three plant communities in the project study area: rich cove forest, montane alluvial forest, and man-dominated. The locations of these communities are presented in Figure 4 and photographs of the site are included in the Appendix. A narrow riparian forest community is situated along the stream banks and adjacent floodplain surrounding the project site. This forested community is best classified as a variation of Schafale and Weakley's (1990) Montane Alluvial. forest. This community type occurs along stream and river floodplains at moderate to high elevations and is typically dominated in the canopy by Canadian hemlock (T.cuga canadensi.r), yellow birch (Betula alleghanien.ri.r), and sweet birch (B. lento). Frequently, the understory is a dense ericaceous shn~l~, l-iyez of rhododendron (Rhododendron maxzmum) or doghobble (Learcothoe fontane.riana) (Schafale and Weakley, 1990). The dominant species found in this community in the project area included yello~v birch, Canadian hemlock, red maple (.Ater rubnrm), tulip poplar (Liriodendron tulipifera), hickory (Carya spp.), and sycamore (Platanu,r occidentali.c) in the mature canopy. Understory trees and shrubs in the narrow riparian buffer included rhododendron, tag alder (Alnzr.t .rerrulata), and yellow-root (Xanthorhitia .rimplici.rrima), doghobble, and buckeye (Ae.rculat.r .rylvatica). A diverse herbaceous layer occurs in the understory of the surrounding slopes, which included jewelweed (Im~atien.r ca~ien.ri.r), poison ivy (Toxicodendron radican.r), bean/pea herbs (family Fabaceae), Japanese stilt grass (Micro.rtegiarm viminearm), and various grasses (family Poaceae). Page 14 of 35 Surrounding the narrow valley is a densely forested steep slope. This forested community is best classified as a variation of a Rich Cove Forest (Schafale and Weakley, 1990). This . . C.C>T1"i ill?771t~ 1`. '~c:?LILiC 1. .I~"~,;' Cv i! C?~~..'?fltr. C.IE"%P.t7 _)I;J r~~ L1iiASt saleltt ;x:!:l. C(,~~C: al.ld l0`al' S r~pCS. The canopy can be very diverse, often dominated by tulip poplar, yellow buckeye (Aesculus flava), basswood (Tilia americana), sweet birch, Northern red oak (Quercus rubra), Canadian he~,~~lock, American beccli, ari.d ouihe:en Bursar. maple (/Icersaccbarrrm). At th.e project site, this forest is found primarily upstream of the bridge on the eastern slope above the stream bank, and downstream of the bridge on the western slope above the stream bank and the ea^te.t-n slope above thr~ roa<.~. This commtmi+y is dominated by Canadian hemlock, white pine (Pinsrs strobus), Northern red oak, black locust (1Zobinia pseudoacacia), and American beech, red maple (Acer rubrum), yellow birch, and sweet birch in the mature canopy. 1'he shrub and woody vine understory is dominated by rhododendron, sourwood (Oxydendron a~boreum), Vire-inia creeper (Parthenoci.rszrs quinquefolia), anal various overstory tree saplings. A diverse herbaceous layer occurs in the understory including may apple (Podophyllum spp.), trilliums (T rzllium spp.), Christmas fern (1'olystichatm acrostichoides), rattlesnake orchid (Goodyera tesselata), foamIlower (Tiarella spp.), and bellwort (Uvularia spp.). Man-dominated communities represent areas that are periodically maintained by human i~flnence;~, .!tch ^~ r-~~~~~-i~~~ and. rower line rf~,',~s_,-~f-. ,;,,.; ~.~°~ ,, r~`- rnowcd lawns, and open areas. Species include dock (.Kumex spp.), plantain (Plantago spp), violets (Viola spp.), mustard (Brassica spp.), clover (Trifolium spp.), poison ivy, Queen Anne's lace (Daucus carota), and ~.-_ _ _ `; ~ , i ~ .;,) `~ ;ot (9.1-meter) right-of-way _ . _. _... along Dicks Creek Road. A residential horne is located ~ea t of Bridge No. 36 and north of the road. Acidic cove forest is located on a slope which steeply rises approximately 50 feet meters) south. f..mm the road. A garden lies hetweer~ t]ze home and riparian area next tc~ Dicks Creek. To the west of Bridge No. 36 lies a church with paved parking lot south of the r.~~ad, grid forest ~.vitli a iootpail~ north of the ro<v'. Page 15 of 35 3.2 Terrestrial Wildlife The alluvial forest, cove forest, and man-dominated communities offer a high diversity of foraging, nesting, and cover habitat for many species of amphibians, reptiles, birds, and mammals. Species that maybe associated with these types of communities are described below. An asterisk (*) indicates the species that were directly observed or that evidence was noted during field reconnaissance. The project area likely has a small amphibian population which may include salamanders and frogs. Salamanders forage on insects, both aquatic and terrestrial, crustaceans, worms, and other organisms in forest floodplains and vernal pools. Salamanders can be found in a variety of habitats, although most are associated with small streams, vernal pools, and seepages. They can also be found along streams where stones, large branches, and other wood debris offer shelter for both the salamander and their food. They are active mostly at night, but can be found by overturning logs and stones in wet areas along stream banks. While no salamanders were observed, species such as the Eastern newt (Notophthalmu.r viride,rcen.r), spotted salamander (Amby.rtoma maculatum), blackbelly salamander (De.rmognathus gstadramaculatu.r), and mountain dusky salamander (Dermognathu.r ochrophaeu.r) are commonly found in mountain areas. Spring peepers (Hyla crarcifer), pickerel frogs (Rana palu.ttri.r), and green frogs (R. clamitan.r) are likely to be present in the project area. Spring peepers mainly inhabit woodlands, while pickerel. frogs are fourui ;~.!ong sl-rtc'c l :.tcean.is and wet areas. Green frogs live along streams, ponds, and lakes throughout North Carolina. Reptile species associated with the project area may include d-~e Eastern box turtle (Terrapene Carolina), five-lined skink (Eumece.r f uczatu.r), rough green snake (Oj~heodry.r ae.rtivu,r), and Eastern garter snake (Thamnophi.r .rirtali.r). Eastern box turtles eat a wide variety of plants and small animals, including poisonous mushrooms. Five-lined skinks feed on spiders, crickets, grasshoppers, beetles, and other insects. Rough green snakes forage on spiders, moth and butterIly larvae, crickets, and grasshoppers and will often forage among vines.or shrubs along stream banks. The Eastern garter snake forages for earthworms, fish, and amphibians in rnoist forested environments near streams, marshes, and pools. Page 16 of 35 J.c.::iA) f .. k...( .., 1.' ^.I 1i111d.iJl.;. ,.~ 7.,. ,~i.~ii:. 0111 C llr:'~1 t.l~C ~)rO~l'CL :1.1C.~L. alllltl}~.ltilltfi may 1n.C111CxC: red-bellied woodpecker (Melanerpes carolinus), hairy woodpecker (Picoides villasus), downy woodpecker (P. pubescens), blue jay (Cyanocitta cristata), Carolina chickadee (Faros carolinensis), t.~.Et~°~' Iitn~o~: ~e (.P. bicolor), wl-ute-br~~asteci tlutbatch (Sitter crrrolineu.ris), P~znelxcan a:obin (Turzlu.r migratorius), northern cardinal (Cardinalis cardinalis), northern mockingbird (Mimuspolyglottos), wood thrush (Hylocichla mustelina), house finch (Carpodacus mexicanus), and Carolina wren (Thryothorus ludovicianus). Predatory species n.lay include red-tailed hawk (8rrteo jamaicen.ris), eastern screech owl (Otus ano~, and barred owl (Stria varia). A wide variety of mammals are expected to inhabit the project area and surrounding landscape. Virginia opossum (Dide phis virginiana), gray squirrel (Sciurus carolinensis), raccoon (Procyon lotor), eastern spotted skunk (Spilogale putorius), and white-tailed deer (Odocoileus virginianus) are species mostly likely to be found. These mammals have adapted to survival in areas where human impacts have modified the landscape. In addition, bats such as the little brown myotis (Myotis luczfugars), Eastern red (Lasiurus borealis), and big brown bat (Eptesiczrs fuscus) may also be present in the project study area. The big brown and little brown bats typically use man-made structures such as attics, barns, sheds, and bridges for summer roosts. They forage near water and along streams, eating insects such as beetles, flies, mayflies, stoneflies, and mosquitoes. The Eastern red bat often hangs in leafy tree tops near the edge of a cl.earin~; dii.ring surr~zner months. This bat species forages near sr•:eet or outside ltghrs and eats i~iosquitoes, flies, true bugs, beetles, and other insects. No habitat appropriate for bats was found in the project area. 3.3 Aquatic Habitats and Wildlife The aquati:: k~abitat in the Dicks Creek drainage area is expected to be diverse based on the :,table flilvi~l geor.~or~,la.ological conc'utiarz o£ the steam. channel. obse, red at the time of the field visit. Dicks Creek has a stream bed consisting of sand, gravel, cobble, and bedrock beneficial to macrobenthic invertebrates including mussels. L?vidence of crayfish was found at the site visit. Caddisfly and mayfly larvae were found in the stream bed. Page 17 of 35 Fish species associated with the project area may include fantail darter (Eth~o.rtoma flabellare), redline darter (Etheo.rtoma vulneratt~m), Swannanoa darter (Etheo.rtoma .rwannanoa), brook trout (Salvelinu.r fontinalir), rainbow trout (Oncorhynchtr.r myki.r.r), brown trout (Salmo trutta), Northern hog sucker (Hypentelium nigrican.r), creek chub (Semotilur atromaculatu.r), saffron shiner (Notropi.r rubricroceu.r), silver shiner (Notropi.rphotogeni.r), warpaint shiner (Luxilu.r albeolur), whitetail shiner (Cyprinellagalactura), and mountain brook lamprey (Ichthyomyzongreeleyz). Several small fish averaging approximately 2 inches (S centimeters) long were seen in the stream. The olive darter (Percina ,rquamata), federal species of concern and state special concern, has been observed near the mouth of Dicks Creek according to NCWRC. The Appalachian elktoe (Ala.rmidonta raveneliana), federal and state endangered; wavy-rayed lampmussel (Lamp.rili.r farciola), state special concern; and wounded darter (Etheortoma vulneratzzm), state special concern have also been noted in the Tuckasegee River. 3.4 Biotic Resource Impacts The proposed construction may impact nearly 0.8 acres (0.3 hectares) of terrestrial biotic communities in the project study area, as summarized below. Impacts to terrestrial biotic communities are estimated based on preliminary conceptual designs for replacing the existing bridge in place and are summarized below and shown in Figure 4. These impacts consist of approximately 0.4 acres (0.1 hectares) of alluvial forest, 0.2 acres (0.1 hectares) of cove forest, and 0.3 acres (0.1 hectares) of man-dominated areas. Tl~e impacts are based on a study comdor approximately 250 feet (76.2 meters) long, as measured from each end of the bridge, and 50 feet (15.2 meters) wide, as measured from the centerline of the roadway. Temporary impacts were not calculated because all roadway construction should occw: well within the permanent right-of-way boundaries. .Impacts . Community Descriptions ~'' Acres (Hectares) Alluvial Forest 0.4 (0.1) Cove Forest 0.2 (0.1) Man-Dominated Areas 0.3 (0.1) Page 18 of 35 Temporary fluctuation in populations of animal species which utilize terrestrial areas is anticipated during the course of construction. Slow-moving, burrowing, and/or s,.ibterraz7ear~. o~~ganisms will be directly impacted by constxucto~,. activities, while .mobile organisms will be displaced to adjacent communities. Competitive forces in the adapted communities will likely result in a redefinition of population equilibria. Aquatic communities are acutely sensitive to changes in their environment and environmental impacts from construction activities may result in long-term or irreversible effects. Impacts usually associated. wit} in-stteazrn constnictioi~ include increased channelization and scouring of the streambed. In-stream construction alters the substrate and impacts adjacent stream-side vegetation. Such disturbances within the substrate lead to increased siltation, which can clog the gills and/or feeding mechanisms of benthic organisms, fish, and amphibian species. Siltation may also cover benthos with. excessive amounts of sediments that inhibit their ability to obtain oxygen. These organisms axe slow to recover and usually do not, .once the stream has been severely impacted. The removal of stream-side vegetation and placement of fll i:~ateri.al during construction contributes to erosion and possible sedimentation. Quick revegetation of these areas helps try ..~.rt,,ce the ixr~.pacts by ~ ~ pporting th.c unde~rly~~g soy' ~. ~'' ~:o^~ ~ ,,.,d sedirr~en _^.t`.~~:~. Jriay carry soils, toxic compounds, trash, and other materials into the aquatic communities at the construction site. As a result, sediment bars may be formed both at the site and ~... _ .,.~~~.<:~ ~ ;,~t pc a , ~a,.~on from the rc:rnoval of stream sic.3e: vegetation map increase water temperatures.- Warmer water contains less oxygen, thus reducing aquatic life that depends on high oxygen concentrations. Page l9 of 35 4. Waters o£ the United States Section 404 of the Clean Water Act requires regulation of discharges into "Waters of the United States." The U.S. Environmental Protection Agency (USEPA) is the principal administrative agency of the Clean Water Act; however, the U.S. Army Corps of Engineers (CJSACE) has the responsibility for implementation, permitting, and enforcement of the provisions of the Act. The USACE regulatory program is defined in 33 CFR 320-330. Water bodies, including lakes, rivers, and streams, are subject to jurisdictional consideration under the Section 404 program. Wetlands axe also identified as "Waters of the United States." Wetlands, defined in 33 CFR 328.3, are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Any action that proposes to place fill uito these areas falls under the jurisdiction of the USACE under Section 404 of the Clean Water Act (33 U.S.C. 1344). 4.1 Surface Waters The NCDWQ defines a perennial stream as a clearly defined channel that contains water for the majority of the year. These channels usually have some ox all of the following characteristics: distinctive stream bed and bank, aquatic life, and groundwater flow or discharge. Dicks Creek is the only perennial stream identified in the project vicinity. Detailed stream characteristics, including specific water quality designations, are presented in Section 2.2 Water Resources. 4.2 Jurisdictional Wetlands Wetlands have been defined by the USACE as those areas that are inundated or saturated by surface or groundwater long enough and frequent enough under normal conditions to support a prevalence of vegetation adapted for life in saturated soil conditions (Environmental Laboratory 1989). Based on this definition, delineation of jurisdictional wetlands is based on the presence of three diagnostic indicators: hydrophytic vegetation, hydric soils, and hydrology. Wetland determinations were completed as part of the MULI{EY field investigations. No wetland areas were identified in the project area. Page 20 of 35 4.3 Impacts to Waters 'I"1le prot;c~srd 1>xc~jec~. i;: to rc.c~laci~ the existing Bridge No. 3C. in place. Traffic wi]] follow arl on-site detour using staged construction. Preliminary conceptual designs call for spanning the stream with a new bridge and end bents. Bents should be placed above the normal high crater level in order to avoid impacts to jurisdictional surface waters. Removal of the existing bridge and construction of the replacement bridge may temporarily impact the Mitchell River. Increased erosion and sedimentation may result from roadside construction. Removal of vegetation may result in temporary increase izi water temperature. Quick revegetation of these areas will help reduce the impacts by supporting the underlying soils and shading the stream. 4.4 Permit Requirements Impacts to "Waters of the United States" come under the jurisdiction of the USACE. Permits are required fox roadway encroachment into jurisdictional wetlands and surface waters. The USACE Wilmington District uses Nationwide Permit 14 for linear tr.avsporat.ion crossings w].le.n irnE,acts to jurisc?.ictional resources from dredge or fill material are less than 0.5 acres (0.2 hectares) in non-tidal waters. As of May 17, 2002, projects with r~ ~ r~,ore tllr.i ~(`~ t ~>- ? 1,, , ~: r feet (91 ~r n;~°~c-~ ~j of. impacr,, to pcr ,-:i~;-ial ~~- in.t n~i±:el~t streams are eligible for a nationwide permit under the Wilmington District Regional Conditions. These regional conditions also require compliance with Nationwide General ..,Ca.G.Lt,.~.. .~ .. .. ....... t ....~~ ~.L:i '.vlih grt~l_.._4 ~!:i.il.~;~ 1:. ,. ia.~ ~ ., .. `:;:1 : ~:~,~:~ '~~_t.7. / 7 .. ~ ..~J~ ...i~;1Ci:.S ,iiaU. projects that occur in mountain trout waters of the 25 designated counties, which includes Jackson County. General Condition 13 addresses requirements concerning notification and ,:,orclul~+.~~~:; will,. to a.~: U: i'~..t~E for l~crmit a;pli~ations. Notification to thy. USACE;., Districl- Engineer is made by submitting the PreConstruction Notification form to the applicable regulatory field office. Tn addition, ~ Section 401 General ~~later Qualitp Ce.rtific:~ti.oi~l (IUQC: #a_'~'(U4~) is also requi.~:e.'. for any activity which r:aay result: in. a discharge into "Waters of the Unitcd States" or for which au issuan.c,: o£ a federal Nationwide '14 perlx~it or licec.~se is issued. Certifications are Page 21 of 35 administered ti-irough the Nortlt Carolina Dcpartrnent of Envirorunent and Natural Resources (NCDENR), Division of Water Quality. 4.5 Mitigation The USACE has adopted, through the Council on Environmental Quality (CEQ), a mitigation policy which embraces the concepts of "no net loss of wetlands" and sequencing. The purpose cf this policy is to restore and maintain the chemical, biological, and physical integrity of Waters of the ?Jnited States, specifically wetlands. Mitigation of wetland impacts has .been defined by the CEQ to include: avoidance of impacts (to wetlands), minimising impacts, rectify-i: ~b impacts, reducing impacts over time, and compensating for impacts (40 CFR 1508.20). Each of these three aspects (avoidance, minimisation, and compensatory mitigation) must be considered in sequential order. Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States. According to a 1990 Memorandum of Agreement (MOA) between the USEPA and the USACE, in determining "appropriate and practicable" measures to offset unavoidable impacts, such measures should be appropriate to the slope and degree of those impacts and practicable in terms of cost, existing technology, and logistics in light of overall project purposes. Minimization includes the examination of appropriate and practitcable steps to reduce the adverse impacts to Waters of the United States. Implementation of these steps will be required through project rnodificatiuns and permit conditions. Muumization typically focuses on decreasing the footprint of the proposed project through the reduction of median widths, right-of--way widths, fill slopes, and/or road shoulder widths. The following methods are suggested to minimize adverse impacts to VG'aters of the United States: • Strictly enforce Best Management Practices (BMPs) to control sedimentation during project construction. • Clearing and grubbing activity should be minimised. • Decrease or eliminate discharges into Dicks Creek and its tributaries. Page 22 of 35 r i\Cest11~J11S11I11ellt Uf VCgC~di10;1 ('il l'.7.JUSeC~ &t~;.b Wllh ~"LiC11i:;Ul ; 1'~P.St1Cl" C. a1:1G. herbicide management. • Minimization of "in-stream" activity. Use responsible litter control practices. Mitigalzon includes restoration, enhancement, or creation for wetland and stream functions and values that axe lost when these systems ate converted. to other uses. Compensatory mitigation is not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible. It is recognized that "no net loss of wetlalic"' fi.~rlctions any' values nla.y not be acl~i.eved in eacl-~ anal every permit action. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts which remain after all appropriate and practicable minimization has been requited. It is the decision of the USACE and NCDWQ to require mitigation for impacts associated with project construction. The USACE usually requires compensatory mitigation for activities authorized under Section 404 of the Clean Water Act when unavoidable impacts total more than 0.10 acres (0.04 hectares) of wetlands or 150 liueat feet (~5.7 linear meters) of perennial or intermittent streams. The NCDWQ may require compensatory mitigation fnr ;,~ ' ; autlzc,~ izc~l 1 ;'~ .: Sc~_.;,,,, 4-01 of the C'1~. ,..~. ``~~^.t" - ~:.~t f.^r unavoidable impacts to more than 1 acre (0.45 hectares) of wetlands or 150 linear feet (45.7 linear meters) of perennial streams. Page 23 of 35 5. Rare and Protected Species Some populations of fauna and flora have been, or are, in the process of decline due to either natural forces or their inability to coexist with humans. Federal law (under the provisions of Section 7 of the Endangered Species Act of 1973, as amended) requires that any action likely to adversely affect a species classified as federally-protected be subject to review by the USFWS. Other species may receive additional protection under separate laws. As of the 24 February 2003, Jackson County species list, the USFWS identifies four Endangered (E) species, two Threatened ('1~ species, and 39 Federal Species of Concern (FSC) as potentially occurring in the county. The Endangered and Threatened species include Appalachian elktoe (Ala,rmidonta raveneliana~, Carolina northern flying squirrel (Glaucomyr rabrinus coloratur), Indiana bat (Myotis .todali,r), rock gnome lichen (Gymnoderma lineare), swamp pink (Helonias barllata), small-whorled pogonia (I.rotria medeoloide.r), respectively. The NCNHP lists of January 2003 included these 45 species and identified 14 additional species receiving protection under state laws. The Jackson County FSC and the state protected species, their status, and the existence of suitable habitat within the project area are shown in Table 2. Natural Heritage Program maps were reviewed on July 3, 2003 to determine if any protected species have been identified nca. tii~ project area: This map review confirmed that no protected species are located within a 1-mile (1.(i-kilometers) radius of the project site. The closest mapped population are two FSC species, olive darter (Penzna tquamata) and wounded darter (Etheo.ctoma virlnerata~m), which are located more than 1.5 miles (U.8 kilometers) downstream from the project site, where Dicks Creek enters the Tuckasegee River. 5.1 Federally Protected Species 5.1.1 Appalachian elktoe (Alasmidonta xavenellana) Federal Status: Endangered State Status: Endangerec Page 24 of 35 ~.he Ap1J31aChl.lil ei_..lC,. .~ :t .°irC~a~t _ .~.~5C.1 l-Ji~.1 :; ) [1:~:~ i il:, .l iCI, 'u'l i:C~,t(;1G11F~ Ui; tU J 1'27.C11LS (, cm). 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 j~.wentLs have a yell-,~,~;ish-1~~;,`,-n c.:o. hr,~ ~~sTn populaTioris ofr},e Appaldc}zian elktoe exis in North Carolina in the Nolichucky River (including its tributaries of the Cane River, North Toe River and South Toe River), the Tuckasegee River, the Little Tennessee River and tributaries o£the Frencl.i. Broad F.ive.r. Basin including; the West anal East fork Pigeon Rivexs and the Little River. 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. Biological Conclusion: No Effect Appropriate habitat foz: Appalachian elktoe is likely present at the project site; however field surveys were completed by Catena C'~roup, Inc. did not reveal any evidence of mussels in the project study area. This survey was completed on July 16, 2003. Mussel surveys were conducted from the confluence with the Tuckasegee River upstream to a point approximately 328 feet (100 meters) upstream of Bridge No. 36. No mussels were observed. A review of NCNHP maps on July 3, 2003 shows that no known populations occur within a ?. mile (3.'?. kilometer) r~ai,,s of t?~e r~r.niect site. The replacement of Bridge No. 36 will not impact the Appalachian elktoe. . . . ~:~ . . .~lzeru 1, Federal Status: Endangered . State Status: Endangered The.Carolina northern flying squirrel has a large well-furred flap of skin along either side o£ its body. This furred flap of skin is cr>nnect~c' at t'~c wrist in the front and at the ankle in tl~.c . rear forming an aerodynamic surface which is used £or gliding from tree to tree. The Carolina flying squii.rc:}. ~ ; a z~;.:c*~zrna} zn?n~nzal wlxich. possesses a lonf;, l;road, flatten~::cl tail (80 percent of head ar.~d hod ~ len~t).z), pros, ~i ent eyes, and dense, silky fur. It can be i Page 25 of 35 distinguished from th.c southern ily~~ig squu~rel by its l:~rger 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 squitxel have been found in the western past of North Carolina, in Haywood County, Yancey County, Jackson 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 1,524 meters (5,000 feet) 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 Elevations in the project area are well below the range in which the Carolina northern flying squirrel is found. A review of NCNHP maps on July 3, 2003 shows that no known populations occur within a 2-mile (3.2-kilometer) radius of the project site. Since the bridge is to be replaced on existing location, it is anticipated that construction will occur well within existing right-of--way boundaries. Therefore replacement of Bridge No. 36 will have no effect on the Carolina northern flying squirrel. 5.1.3 Indiana bat (Myotis sodalfs) Federal Status: Endangered State Status: ' ~ nda.nge- ~~~ The Indiana bat is a medium-sized myotis, closely resembling the little brown bat (Myoti.r lucifugu.r) but differing in coloration. Its fur is a dull grayish chestnut with the basal portion of the hairs of the back a dull lead color. This bat's underparts are pinkish to cinnamon, the heels of its feet are strongly keeled and its hind feet are smaller and more delicate than in the M. lucifirgu.r. The Indiana bat occurs in the Midwest and eastern United States as far south as northern Florida. In summer it is apparently absent south of Tennessee. Limestone caves with an Page 26 of 35 ~. ~~ii_1~Cr~i`i~- c`"~ ~ i:~ ~~_: u~~J~t~:o J 11,7 _ ~~,.~:~ Lu i,., -. ~ midwinter and average relative humidity of 87 percent are preferred for winter hibernation. Summer foraging by females and juveniles is limited to riparian and floodplain areas, with cr.~eks not be.in~; used. if r~t~s_tiati tree, li; •,r~. keen rcni.~~;red. Males forage over fluud.plaui ridges and hillside forests and usually roost in caves. Biolor ical Conclusion.. lJo Isffect No caves or floodplains exist within the project area. Suitable summer roosting habitat is n.ot available at the project site. The minimal riparian buffer along Dicks Creek would provide minimal foraging habitat A review of NCNHP maps on July 3, 2003 shows that no known populations occur withirl a 2-nv]e (3.2-kilometer) radius of the project site. Since the bridge is to be replaced on existing location, it is anticipated that construction will occur well within existing right-of--way boundaries. Therefore replacement of Bridge No. 36 will have rro effect on. Indiana bat. 5.1.4 Rock gnome lichen (Gyrnnoderma lineare) Federal. Status: Endangered State Status: Threatened hock gnome lichen occurs in dense colonies of squamules (narrow strap-like lobes). The ends of the individual squamules are blue-gray above and shiny-white below, grading to base, and approximately 0.~1 to 0.8 inches (1 to 2 centimeters) long. Squamules grow parallel to the rock surface and curl away at the tips. Fruiting bodies are black, borne singly or in ' clusters, a.ncl are located at th.e tins (atZd rarely at the sig.-;es) of the scluamules. They are ° cylindrical, radially symmetrical, and can be either sessile or supported by short podetia (<0.0~; uZCh/2, rr~.;.n u-a lend':..). J is npe~~ics ~ ~~~;•'t°s to , r ,, < •~te prin~ari_ly asexually. 7'he .roclt gnome ]ich.~.~n is a r.ar.cow endc.zii.c, zest! `., ed t~ ~ a..r.~:; ; of high, h.urriiclity. These f:~.ii;h l.urcaisuiy environr,tents occur on high elevation (4000 ft, 1220 rn) mountaiirtops and cliff faces which are frequently bathed in fog or lower elevation (2500 ft/762 m) deep gorges i Page 27 of 35 - in the Southern 1~ppalachians. 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 ;:ock 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. The high elevation habitat occurs in the counties of Ashe, Avery, Buncombe, Graham, Haywood, Mitchell, Swain, and Yancey. The lower elevation habitat of the rock gnome lichen can be found in the counties of Jackson, Rutherford and Transylvania. Biological Conclusion: No Effect Appropriate habitat for rock gnome lichen does not exist at the project site. A review of NCNHP maps on July 3, 2003 shows that no known populations occur within a 2-mile (3.2- kilometer) radius of the project site. Since the bridge is to be replaced on the existing location, it is anticipated that construction will occur well within existing right-of--way boundaries. Therefore, it is anticipated that replacement of Bridge No. 36 will have no effect on rock gnome lichen. 5.1.5 Swamp pink (Helonias bullata) Federal Status: Threatened State Status: Threatened -Special Concern Swamp pink is a perennial which is one of the first wildflowers to bloom in the spring. It possesses fragrant, pink flowers that occur in clusters of 30 to 50. Its dark evergreen, lance- shaped, and parallel-veined leaves form a basal rosette which arises from a stout, stem which can extend to a height of 8 to 35 inches (20 to 90 centu:neters) during.flowering. This plant tends to reproduce by clonal root growth and tends to grow in clumps, close to the parent plants. Due to this, plant populations can be extremely dense with some populations in the southern Appalachians having plant densities of 56 plants per square meter (3.3 plants per square foot). Flowers are present from March to May. Page 28 of 35 ' 1 iJ. ~~ ~ JTi,. ~"atv'!1'..i_y U.E..L~:i'~c.F,[.~~.~~~,~L.St~,l'.-.. C.~:. d_:~1~~ 1 ii7r:8. i- .1~i.~. 1 ~C: ','ast;.~h_1`;aL~Q~ .t Forest in the "Pink Beds" area. Seven other populations occur in Jackson, Henderson and Transylvania counties. Swamp pink occurs in numerous wetland habitats including Atlantic white-~redar swerYil_~s, I'~h7c Ri.c'~~e ;;war~~l~,~, s~~usir;:zl;y t~~n.ated wet'. ends which border small streams, meadows and spring seepage areas. The species requires habitat which is saturated with water, but not flooded. Swamp pink ranges over seven states, and is often associated wits, evergreen trees such as Atlanric white-cedar, pitch pine, American larch and black spruce. Swamp pink is somewhat shade tolerant and needs enough canopy to mirrimi7e competition with other more aggressive species. Biological Conclusion: No Effect No habitat exists in the project study area for the swamp pink due t;o a lack of wetlands in the area. A review of NCNHP maps on July 3, 2003 shows that no known populations occur within a 2.-mile (3.?,-kilometer) radius of the project site. Since the bridge is to be replaced on existing location, it is anticipated that construction will occur well within existuig right-of--way boundaries. Therefore, it is anticipated that replacement of Bridge No. 36 will have no effect on swamp pink. 5.:1..6 Small-whorled pogonia (Isotria medeoloides) 1 'ederal Status: 'Threatened State Status: Endangered The small-whoxled pogonia is a perennial with long, pubescent roots. The stem is smooth and hollow, measuring 3.7 to 9.8 inches (9.5 to 25.0 centimeters) in height and terminating in a whorl of live or, slx lighi: geeen, elliptical leaves that a.re somewhs:~t ~-,: Hinted and measure up to 3.2 x 1.6 inches (8 x 4 centimeters):. A flower, or occasionally two flowers, is produced at th.e top of the ste.tn, howese~~, individual plant; mar not flowcx every yea?-. F~;vtended dormancy, although not scientifically documented, is purported to occur under certain conditions. Flower.;, are ~reser,.t from rrid-May to quid. June. Page 29 of 35 Twenty-t'.,c.:e populations of the small-whorled pog~~nia are known to occur in the southeastern United States. These populations are known from North Carolina, South Carolina, Geoxgia, 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. Biological Conclusion: No Effect Habitat for this species is available in large regions of the project vicinity. At the project site, suitable habitat potentially exists in the cove forest adjacent to Dicks Creek. However, frequent disturbance due to yardwaste dumping on the south side of the road, and heavy foot traffic near the pedestrian access on the north side of the road would inhibit the growth of small-whorled pogonia. Appropriate habitat for small-whorled pogonia does not exist in the right-of-way areas adjacent to Dicks Creek Road. A search for small-whorled pogonia was conducted during a site visit on April 2, 2003 and on July 29, 2003. Even though this was not during the expected bloom period of mid-May to mid June, no plants with the vegetative characteristics of small-whorled pogonia were observed in the search corridor. Since the bridge is to be replaced on existing location, it is anticipated that construction will occur well within existing right-of--way boundaries. Therefore, it is anticipated that replacement of Bridge No. 36 will have no effect on small-whorled pogonia. A review of NCNHP maps on July 3, 2003 shows that no known populations occur within a 2-mile (3.2- kilometer) radius of the project site. Page 30 of 35 The proposed project, which is located about 3.5 miles north of Dillsboro in Jackson Couixty, Nor.l1-l. Carolina, w;.il i:eplace ~.t-idLe No.:iu on ~R 13So (liicl:.s Creek Road) over. Dicks Creek on e~cisting location. Existing right-of--way is assumed to be 30 feet (9.1 meters) from the roadway centerline. Water resources in the area include Dicks Creek. Dicks Creek is classified as a Class "C" water, and also assigned as a TR. Dicks Creek is a perennial stream and therefore subject to US~~CT', ^ncl NCL~~YJ(~ ~'!lrl'.dl.ctio+:! under: Seca:.-~r.1404 aa~d Section 401 of the Clem ~Yi'ater Act. No wetland areas were identified in the project area. Three plant communities were identified in the project study area: alluvial forest, cove forest, ,~~zd ma.n-dominated areas. Terrestrial cornrnunity ilnpa.cts due to corxstructLon axe based o~~. the rer~r~~+nF~:t right-of-way boundaries and include approximately 0.4 acres (0.1 hectares) of alluvial forest, 0.2 acres (0.1 hectares) of cove forest, and 0.3 acres (0.1 hectares) of man-dominated areas. Dicks Creek is a perennial stream and therefore subject to USACE rind NCT~`~JQ jurisdiction under Section 404 and Section 401 0£ the Clean Water Act. Page 31 of 35 7. Refer~°noes Avery, Thomas E. and Harold E. Burkhart, 1983. Forest Measurements, Third Edition. McGraw-Hill Book Company, New York, NY. Conant R., and J. T. Collins, 1998. A Field Guide to Reptiles and Amphibians of Eastern and Central North America. 'T'hird Edition, Expanded. Peterson Field Guides. Houghton Mifflin Publishers, New York, NY. Cowardin, L. M., V. Carter, F. C. Golet and E. T. LaRoe, 1979. Classification of Wetlands and Deepwater. Habitat of the United States. Fish and Wildlife Service, United States Department of the Interior. US Government Printing Office, Washington, DC. Environmental Laboratory, 1987. Corps of Engineers Wetlands Delineation Manual; Technical Report Y-87-1. United States Army Engineer Waterways Experunent Station, Vicksburg, MS. Federal Emergency Management Agency (FEMA), 1989. Flood Insurance Rate Maps, Map Service Center. World Wide Web: http://~vebl.msc.fema.gov/ webapp/commerce/command/ErecMacro/MSC/macros/catdisp p d2w/report?m sc rodt~~e=Pc~mse media=SCAN&mse state=13040&msc ctv=14912<~msc co inm=28495. Accessed on July 1, 2003. Fridell, John A., 1993. Final Rule, Endangered and Threatened Wildlife and Plants; La,rmigona decorata (Carolina Heelsplitter) Determined to be Endangered. 50 CFR Part 17, RIN 1018-AB75, published June 30, 1993. Department of The Interior, U.S. Fish And Wildlife Service, Division Of Endangered Species. Lee, D. S., C. R. Gilbert, C. H. Hocutt, R. E. Jenkins, D. E. McAllister, and J. R. Stauffer, Jr., 1980 et seq. Arias of North American Freshwater Fishes. North Carolina Museum of Natural History, North Carolina Department of Agriculture, Raleigh, NC. North Carolina Biological Survey #1980-1?. Page 32 of 35 Natural Resources Conservation Service (MRCS), 2002. Climate Information for Jackson County, WETS Station NC2200 Cullowee. National Water and Climate Center. tJtvted States I_)cpartmen.t i>f Ag~.ir:ulturc:. ~Joxld ~,%idc: vJ~~l~: wzvw.~vcc.nres.usda.gov/climate/~vetlands.html. Accessed on July 30, 2003. Natr~reServe, 2003. NatureServe Exl->loret: A.n online encyclopedia of life [web application]. Version 1.8. NatureServe, Arlington, Virginia. World Wide Web: http://www.natureserve.org/explorer. Accessed on July 7, 2003. North Carolina Administrative Code (NCAC), 1999. Subchapter 1I -Forest Practice Guidelines Related to Water Quality, Section .0100. 15A NCAC 1I.0102. Raleigh, NC. North Carolina Division of Land Resources (NCDI,R), 1985. Geologic Map of North Carolina. North Carolina Geological Swvey, Raleigh, NC. North Carolina. Division of Water Qual.it,l (NCDW(~J, 2002.. NC Water Quality Assessment and Impaired Waters List (2002 Integrated 305(6) and 303(d) Report), Public Review Draft, )~.ine ?.002. Modeling; and TMDT.. t lciit, Raleigh, NC. World Wide Web: fitfp://h2o.enr.state.nc.us/nzidl/1'DFs/nc2k list.pdf. Accessed on July 3, 2003. Assessment and Impaired Waters List ('L002 Integrated 305(6) anal 303(d) Report). NC Department of Environment and Natural Resources, Watex Quality Section. Raleigh, North. Carolina. North Carolina Division of Water Quality (~~~;~;17`"J~i), 2p03i~. ?tinbi.ent Monitoring Network Department of L;nvir_onment and Natural Resources, Water Quality Sect'.on, Envi.toT.r..t~en.tal Sciences I3~-~~nclc. World ~Uid~~ ~;/cab. Accessed on June 19, 2003. htt~~w<vw_esh_crr.,_st,;~t;_~.nc;,ra15~ati_ons/at:-is.httn Page 33 of 35 North Ca,olilia Division of Water Quality (NCDWC~, 2003c. NCDWQ's Fish Corninuni~.y Database - NCIBI Scores and Ratings, Little Tennessee River Basin. NC Department of Environment and Natural Resources, Water Quality Section, Environmental Sciences Branch. World Wide Web. Accessed on June 19, 2003. http://www.esb.enr.state.nc.us/IBIrate.htm North Carolina Division of Water Quality (NCDWQ), 1999. Internal Guidance Manual, Stream Classification Method, 2"d version. North Carolina Department of Environment and Natural Resources, Division of Environmental Management; Raleigh, NC. North Carolina Division of Water Quality (NCDW~, 1995. Guidance for Rating the Values of Wetlands in North Carolina - 4`~ Version. North Carolina Department of Environment and Natural Resources, Division of Environmental Management; Raleigh, NC. North Carolina State University (NCSU), 1999. Soil Systems in North Carolina. Technical Bulletin 314. Soil Science Department, Raleigh, NC. North Carolina Wildlife Resources Commission (NCWRC), 2003. North Caroluia Atlas of Freshwater Mussels and Endangered Fish. Wildlife Species and Conservation. World Wide Web: http://www.ncwildlife org/pg07 WildlifeSpeciesCon/ pg71~ 1.htin. Accessed on January 27, '? Radford, A. E., H. E. Ahles, and C. R. Bell, 1968. Manual of the Vascular Flora of the Carolinas. University of North Carolina Press, Chapel Hill, NC. Rohde, Fred C., Rudolf G. Arndt, David G. Lindquist, and James l~. Parnell; 1994. Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware. University of NorthCarolina Press, Chapel Hill, NC. Page 34 of 35 .,.t: ~.y j J ., tft~.~ti~.., is/1. 1 aCic :,.._. ~. ,.. , l,1dSo .!.`r,'i~Ci1 :J1 .,.~ ~'vaiLl._ai ~.Ollu-Q1t1,111i'S C~i North Carolina, A Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Rcc ration, Department of Environment, Health and Natural ;.:esot.irccs 1 a)s ~ ~1,, NC. Sherrill, Michael L., 1997. Soil Survey of Jackson County. Soil Conservation Service, United States Depa.rtrizent of Agric~~l.ture Stokes, Donald and Lillian, 1996. Stokes Field Guide to Birds, Eastern Region. Little, Brown, and Company, New Yo?:k, NY. U.S. Fish and Wildlife Service (USFWS), 1992. Endangered and Threatened Species of the Southeastern United States (The Red Book), Region 4. Schweinitz's Sunflower (Helianthars schweinittiiz). Department of the Interior, Division of Endangered Species. LJ.S. Geological Survey (USGS), 2003. NWISWeb Data fox North Carolina. World Wide Web: ~i~tg•//~vaterdata usgs gov/nc/n~vis/n~visman/ >site_ no=0_2._14655255Rra~encv cd=USGS. Accessed on. July1, 2003. __.- ~ ., ~Xlebster, W. D., J. F. Pa.trleJJ, and W. C. Burs, jr.., 1985. Mammals of t:he Csro]inas, Virginia, and Ivlaryland. University o£ North (:alroliiia Press, Chapel I-iill, NC. Page 35 of 35 _, ---~ _- ~ ~ ~.~_~.__I, '/ 11 :~a= - ~/ i- ! 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Hoa~ts Si D -Spivey-Santeetlah compic:x, 15 - JO % slopes, stony "'~~-- rt~Feet USDA-NRCS Soil ~`:? p, 0 2ss s3o i,oeoV' lsso 2,i2o Survey Division Figure No. _ = na. M,~,,s SSURGO Data E r - i ni ~_ F ~ - ._. ~-., ., -r ~~ o r_. rso ~o aso cuo 1 J95 Prepared For: SOIL MAPPING UNITS ____._~__ '~~~`"° B-4349 Brid e No. 36 over Dicks Creek on SR 1388 ' ! 9 ''~~a..•~°' Jackson County, North Carolina B-4349 -~--~ Streams •-••~ tributaries -•-~-- ~oacis ~~L~L~~~ s ET:iIhIEEnG d. CGV<<~lThthTG Prepared For: ~' d~ Feet 0 120 240 480 720 960 Meters Fu~MU'~ ~~• 0 35 70 140 210 280 Source: USGS 7.5- Minule Topographic Quadrangles: Whittier 1:4,000 ~~~,~ ®~ o~~~~~c~s ~, ~-4349 .... • ~ _ nn _.._~ f~;..W.. r`.~.nb nn Ci7 1 ZAR Table 1. Existing Soils - Bridge Maintenance, Jackson Co. Available Water High Shrink- Site Taxonomy slope Hydric Drainage Capacity Water swell Index Symbol Series (Subgroup) (%) Permeability Glass. Class. (in) Table Potential Productivity ChF Cheoah Typic 50-95 moderately rapid - channery Haplumbrept loam JtF Junaluska- Typic Hapludult 50-95 moderate - Tsali complex 5rD Spivey- Typic 15-30 moderately rapid - Santeetlah Haplumbrept complex SrE Spivey- Typic 30-50 moderately rapid - Santeetlah Haplumbrept complex Notes: W . Well drained W moderate >6 ft Low 74-103 W moderate >6ft Low 52-86 W moderate >6ft Low 80.100 W low to >6ft Low 80-100 moderate Tab9e 2. Protected Species Listed for .Dackson Cotanty, North Carolina Habitat Federal State Preferred Available in Common Name Scientific Name Status Status Habitat Study Area Vertebrates Appalachian Bewick's Thryomanes FSC E Woodland borders or openings, Yes wren bewickii altos farmlands or brushy fields, at high elevations [breeding season only] Brown Creeper Certhia americana - SC Mountain high elevation forests, favoring No spruce-fir mixed with hardwoods. Peregrine Falcon Falco peregrines - E Nests in high mountain cliffs. No Timber rattlesnake Crotalus horridus - SC Rocky, upland forests. No Green salamander Aneides aeneus FSC E Damp, shaded crevices of cliffs or rock No outcrops in deciduous forests (southern mountains) Hellbender Cryptobranchus FSC SC Large and clear fast-flowing streams Yes alleganiensis Northern pine snake Pituophis FSC _ Sandhills with pines and scrub oaks, and No melanoleucus sandy flatwoods Olive darter Percina squamata FSC SC Tennessee drainages Yes Wounded Darter Etheostoma - SC Streams of Little Tennessee system; Yes vulneratum perhaps extirpated from French Broad system. Rosyside dace Clinostomus FSC SC Little Tennessee drainage Yes funduloides sp. 1 "Sicklefin" redhorse Moxostama sp. FSC SR (PT) Little Tennessee and Hiwassee Rivers No Yellowfin Shiner Noiropis lutipinnis - SC Savannah, Little Tennessee, and Broad Yes drainages in NC [only the Savannah and Little Tennessee drainages are listed as SC] Southern Appalachian Poecile atricapillus FSC SC High elevation forests, mainly spruce-fir No black-capped chickadee practices [breeding season only] Southern Appalachian Loxia curvirostra FSC SC Coniferous forests, preferably spruce-fir No red crossbill Southern Appalachian Aegolius acadicus FSC T Spruce-fir forests or mixed No saw-whet owl hardwood/spruce forests (for nesting) [breeding season only] Southern Appalachian Sphyrapicus varies FSC SC Mature, open hardwoods with scattered Yes yellow-bellied sapsucker appalaciensis dead trees [breeding season only] Southern Appalachian Neotoma floridana FSC SC Rocky places in deciduous or mixed Yes woodrat haematoreia forests, in southern mountains and adjacent Piedmont 1 .,• Wounded darter Southern rock vole Etheostoma FSC SC Streams of Little Tennessee system; vulneratum perhaps extirpated from French Broad . system Microtus FSC SC Rocky areas at high elevations, forests r•.hrotorrhinus or fields carolinensis Invertebrates Engraved Covert Fumonelix Orestes - T Plott Balsam mountains (endemic to this area). Smoky Mountain Covert Inflectarius ferrissi - T** Great Smoky Mountains and Plott Bellsams (endemic to these ranges). Wavy-rayed lampmussel Lampsilis fasciola - SC French Broad, Pigeon, and Little Tennessee Rivers; currently known only in the Little Tennessee River. Black mantleslug Pallifera hemphilli - SC** High elevation forests, mainly spruce-fir. Dwarf proud globe Patera clarki - SC** Southwestern NC mountains, west of the foot of the Blue Ridge Escarpment. Rainho~rr Villn;a irc, - SC French Broad, Hiwassee, and Little -l ennessee Rivers; currently only known in the state from the Little Tennessee River. Oconee stream crayfish Cambarus - SC Streams in the Savannah drainage chauyaensia (endemic to northwest SC and adjacent NC, GA) Little Tennessee River Cambarus - SC Streams in the Little Tennesee River cra~fi~~.F~ georgiae drainage. Diana ritiiiury butterfly ~peyeri~l c7~>r7~ E-mac, SFi inch wuod:> and aa;accnt edges and openings; believed extirpated from the lower Piedmont; host plants -- violets (Viola ) ~.. ..... _.. ..~.:,~,...~~ ~.,:.f, i,~..,i ~ ~,.. ~ ~ ~uvi~..t:: li.~', ~, ,~ .. <.Ili:i III reburrus headwaters -f"awny crescent butterfly Phyciodes batesii FSC* SFi Rocky ridges, woodland openings, at rnaconensis nigher elevations; host plants -- asters, mainh/ Aster undulatus Whitewater crayfish Dactyloctythere f=SC SR Cold streams of Savannah drainage in ostracod prinsi Jackson County (endemic to NC, but possible in adjacent SC and GA) Vascular Plants Butternut Juc,~l~n:, cinE:r~:: F:>~; - Prof^I°> rich, moist ,oils, along stre.:r~~~I courses, also on rocky hills. Carolina saxifrag=.; Saxifraya F5C SR-"i high to middle elevation moist cliffs and caroliniana rock outcrops Yes No No No No No Yes No No Yes Yes i rJ No No Y> ; No 2 Cuthbert's turtlehead Chelone cuthbertii FSC SR-L Found in bogs No Divided-leaf ragwort Senecio FSC T Found on granitic domes and other No millefolium outcrops Fraser fir Abies fraseri FSC - High elevation peaks (>4921 ft) in the No southern Appalachians. Often occurs with red spruce (Picea rubens), but the relative dominance of fir increases above 6234 ft, and A. fraseri occurs in almost pure stands on exposed summits and ridges. Eraser's loosestrife Lysimachia fraseri FSC E Found in forests, on roadsides Yes Glade spurge Euphorbia FSC SR-T Forests, especially over mafic rock No purpurea Gorge filmy fern Hymenophyllum FSC - Restricted to deeply sheltered, No tayloriae continuously moist habitats in the southern Applachians. Onty a few, extremely small sites have been found. Granite dome goldenrod Solidago simulans FSC - Endemic to granitic domes in the vicinity No of the NC-SC-GA tristate boundary. Occurs at only a few sites, only one of which is protected. Lobed barren-strawberry Wafdsteinia Iobata FSC` - High steep slopes, terraces above No watercourses with constant high humidity and shade. Often part of the shallow mantle of moss and duff that covers boulders or river bluff ledges; characterized by stands of Rhododendron spp. and mountain laurel (Kalmia latifolia). Mountain bittercress Cardamine FSC SR-T Moss or moist soil in or along rocky No clematitis stream banks or seeps within spruce and spruce-fir-hardwood forests at elevations above 1370 m Mountain catchfly Silene ovata FSC SR-T Rich slopes, cove forests, montane oak- Yes hickory forests Mountain thaspium Thaspium FSC` - Occurs in forests and woodlands with No pinnatifidum calcareous bedrock Radford's sedge Carex radfordii FSC - Calcareous, often rocky, well-drained No soils of mesic cove forests and woodlands; most known sites are on very nutrient-rich, alkaline or neutral soils from weathered rocks of the Brevard or Chauga Belt. Southern Oconee bells Shortia gafacifolia FSC E-SC Streambanks, slopes, and outcrops in No var. gafacifolia humid gorges. Sweet pinesap Monotropsis FSC SR-T Found in dry forests and on bluffs Yes odorata 3 Tall larkspur Delphinium FSC E-SC Grassy balds, glades, woodlands, mostly No exaltatum over mafic rock Goldenseal Hydrastis - E-SC Cove forests, other rich deciduous Yes canadensis forests in mountain and piedmont regions. Prairie dropseed Sporobolus - E Olivine barrens in mountain regions. No heterofepis Appalachian filmy-fern Trichomanes - T Mountain regions; spray zone of No boschianum waterfalls, seeps over rock. Dwarf filmy-fern Trichomanes - T Moist rocks in mountain gorges. No petersii Mottled trillium Trillium discolor - T Rich mountain region coves in the No Savannah River drainage. Torrey's mountian-mint Pycnanthemum FSC' SR-T Found in dry upland forests and No torrei woodlands, over mafic rocks Non-Vascular Plants A liverwort Plagiochila FSC SR-L On moist rocks in spray zones of No sullivantii var. waterfalls spinigera A liverwort Plagiochila - E Rocks and streambanks in humid No caduciloba gorges, spray zone of waterfalls. Highlands moss Srhlotheimia - 7' In mountains, found on bark of Yes lancifolia hardwoods in cove forests. Ammons's tortula Tortula - E Shaded rock faces, probably with No ammonsiana nutrient-rich seepage. A liverwort Plagiochila FSC - - sullivantii var. sullivantii A liverwort Pagiochila sharpii FSC SR-L Damp rockfaces in humid gorges, high No elevation rocky summits A liverwort Plagiochila FSC SR-L Rockfaces in spray zone of waterfalls, No virginica var. other moist rockfaces caroliniana n, i,~ --;;v~-~~ ~nnnnlc°,~~~~ ~ FSC PE On hark of Fraser Firs in spruce-fir No A liverwort Chiloscyphus FSC SFi-T On rock faces in spray zone of waterfalls No appalachianus Gorge moss Bryocrumia FSC E Rocks and streambanks in humid No . vivicolor gorges, spray zones of waterfalls Notes: E Endangered T Threatened FSC Federal Species of Concern PE Proposed Endangered A taxon "in danger of extinction throughout all or a significant portion of its range." A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its rang::." A species that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing.) A species that has been formally proposed for listing as Endangered but has not yet completed the legally mandated listing process. 4 PT Proposed A species tf~at has been formally proposed for listing as Threatened but has Threatened not yet cornpleted the legally mandated listing process. SC Special Concern Any species of wild animal native or once-native: to North Carolina which is determined by the N.C. Wildlife Resources Commission to require monitoring but which may be taken under certain regulations. SR Significantly Rare Any species which has not been listed by the N.C. Wildlife Resources Commission as Endangered, Threatened, or Special Concern species, but which exists in the state in small numbers and has been determined by the N.C. Natural Heritage Program to need monitoring. C Candidate Species which are very rare in North Carolina and are substantially reduced in numbers by habitat destruction. They are also rare throughout their ranges and their fate depends on conservation in NC. These species are likely to merit listing as Endangered or Threatened if habitat destruction continues. -L Limited The range of the species is limited to NC and adjacent states (endemic or near endemic). These are species which may have 20 to 50 populations in NC, but fewer than 50 populations rangewide. -T Throughout These species are rare throughout their ranges (fewer than 100 populations total) • Historic Record The species was last observed in the county more than 50 years ago. •" Obscure Record The date the element was last observed in the county or quad is uncertain. 5 B-4349 l ~rid,~c No. 36 ovr.r Licks <_'reck on SR 138$ '~ Jackson County Page 1 of 5 1. Looking west along Dick's Creek Rd. at Bridge No. 36. ?. Looking west at drainage ditch on roadside alone Dick's Creek Ind. from end of residential driveway with residential garden area on right. _~ ti B-4349 Bridge No. 36 over Dicks Creek on SR 1.388 Jackson County Page 2 of 5 3. Looking east along Dick's Creek Rd. from Bridge No. 36 towards house. 4. Looking east along road towards Bridge No. 36. B-4349 `~ Bridge No. 36 over Dicks Creek on SR 1388 ~ Jackson County Page 3 of 5 5. Looking west towards the church from Bridge No. 36. 6. Looking cast along Dick's Crcelc I:d. from Bridge No. 36. _- .:'~.: j~~ J ~ ~~ Y .i~M ~i j 4'~~ Y ~ ~l T" ~~ ~ ~ r ,~ + yy , ( yy~~ B-4349 Bridge No. 36 over Dicks Creek on SR 1388 Jackson County a '~~"; +; ,. Page 4 of 5 7. Looking east at stream south of the bridge. 8. Looking northwest towards downstream reach of Dick's Creek. J B-4349 • ~r•i~a~>e No. 36 over Dicks Creek on SR l 38`~ ~ ~aC~SOn COllnly ., Page 5 of 5 9. Looking east at downstream view of Dick's Creek. ~: ~. , :- ,, •' :: 10. Looking north from road into Shore pedestrian Path across from the church. ~ NJq]'F Michael F. Easley, Governor \O~~ RpG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ~ r - Gregory J. Thorpe, Ph.D. > ~ Acting Director p .~ D(vision of Water duality November 2, 2001 Jackson County DWQ Project No. 011578 Bridge No. 36 on SR 1388 over Dicks Creek APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J.D. Metcalfe, Bridge Maintenance Engineer NCDOT Division 14 P.O. Box 77 Whittier, NC 28789 Dear Mr. Metcalfe: You have our approval, in accordance with the attached conditions and those listed below, to impact 1001inear feet of Dicks Creek in order to replace Bridge No. 36 on SR 1388 in Jackson County. The project should be constructed in accordance with your application dated October 24, 2001 (received 29 October 2001). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying §404 permit unless otherwise specified in the Water Quality Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us in writing, and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre or if stream impacts exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. NCDOT shall use their Best Management Practices (BMPs) for bridge demolition to minimize turbidity and habitat damage. If practicable, the use of turbidity curtains is encouraged. 2. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024) must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation shall be planted on all bare soil within 10 days of ground-disturbing activities to provide long term erosion control 3. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning season of October IS through Apri115, or other conditions as determined by the North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from sedimentation during construction. 4. The bridge and the temporary pipes shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the North Carolina Division of Water Quality, 401 Wetlands Certtflcation Unit, 1650 Mail Service Center, Raleigh, NC 27b'9.5.1850 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (L.ocation) 919-733-1788 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetfands/ streambed). Existing stream dimensions are to be maintained above and below the bridge and temporary pipes. The pipes must be countersunk one foot to allow for passage of fish and other aquatic life. 5. All work shall be performed during low flow conditions. 6. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 7. The presence of equipment in the channels must be minimized. Under no circumstances shall rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 8. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow. 9. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If necessary, rip-rap must be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. Upon completion of the project, the NCDOT. shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208. Attachment 'nc ly, 1 QY g J. Thorpe, h.D. cti g irector Pc: Wilmington District Corps of Engineers • Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office ' ~''•` `~`• s~'Central Files ~' ' File Copy ' ,:. ~ •r~r ,;? ::. . .. . ~ . ...3; ~c>_., .. ~. IA - .I e ~ SfAT[ ~. / °'^. _a ~ ,~ , STATE OF NORTH CAROLINA DEPARTT~IENT OF TRANSPORTATION MICHAEL F. EASLEY GUVLRNOR O. I30;C 77, wH(TTIER, NC ZS789 October 24, 2001 Mr. Robert Ridings Division of Water Quality 401/ Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Subject: Nationwide 401 Permit Application Bridge 36 on SR 1388 -Dicks Creek Jackson County Dear Mr. Ridings: LYNDO TIPPETT SECRETARY -, f ~y, ,- lC _''' ~? ,::~~ ..~ _ i I have enclosed a PCN application, a location map, and a brief project description for the replacement of Bridge No. 36 on SR 1388 in Jackson County. The bridge will be replaced with ~ 50~ oot span cored slab stricture. - Bridge #36 in Jackson County is a small bridge that we are going to replace with a ~0-foot span cored slab structure. There will be no interior_bents. A temporary bridge made of dirt, rip-rah, and several lines of large pipe will first be installed to handle all traffic flow while the bridge is being constructed. Piles will first be driven at the end bents for the cored slabs to sit on. As soon as the cored slabs are placed regular traffic will resume and the temporary bridge will be taken out. If spread footings are recommended cofferdams will be installed in the creek to perform work in the dry. Bridge No. 36 spans a small stream named Dicks Creek. The drainage area for the stream is approximately 85 - 90% forest and woodlands. This site is not in violation of any DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules. Any potential impacts from sedimentation downstream of the project site will be avoided by the implementation of appropriate BMP's. Your earliest consideration for this request would be greatly appreciated. If you have nay questions or information needs, please call me at (828) 497-7953. ~. ,, ~ ~;., ~~ ~,;, ~ REC~~!.~~~D Bridge No. 36 on SR 1388 Page 2 October 24, 2001 Your earliest consideration for this request would be greatly appreciated. If you have any questions or information needs, please call me at (828) 497-7953. Sincerely, _ ~~-vJ.- ~(r-- J.D. Metcalfe Division 14 Bridge Maintenance Engineer Enclosures BTW:btw cc. Mr. Mark Davis, DEO File Bridge Maintenance, P.O. B. 77, Whittier, NC 28789 Telephone (828) 497-7953 Fax (828) 497-6544 Y' J ~. ~~ ~~ (.~,,~'~ ~_~ 14~~ ~ r =} I~t 4. ~ ~~-+ ~~~ W A TFgQ ~0~ Gy >_ i ~`~~q a w.. .,~`..+" Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USAGE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DVVQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This fornl should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USAGE Individual Permit application form is available online at http://www.saw.usace.armY.mil/wetlands/Perm anp.htm. The USAGE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USAGE website at htte//www.saw.usace.army.mil/wetlands/re<~tour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USAGE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://}i2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the Internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases,'the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page 1 of 12 CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead pernlitting agency. In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate the 404/401 Permits. USACC Permits -Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end •of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the inforn~ation requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at http://w~rw.saw.usace.armv.mil/wetlands/nwpfinalFedRe~.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules -All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested fora 401 Certification, then anon-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.usMcwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application fora 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. -~- Page 2 of 12 Office Use Only: Form Version April 2001 5 ~ „~ USAGE Action ID No. ~ DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processinb 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: 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: ^ II. Applicant Information 1. Owner/Applicant Information Name: NC Department of Transportation c/o J. D. Metcalfe Mailing Address: PO Box 77 Whittier, NC 28789 Telephone Number: 1-828-497-7953 Fax Number: 1-828-497-6095 E-mail Address: jmetcalfendot.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 3 of 12 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: Bride 36 over Dicks Creek on SR 1388 in Jackson County. 2. T.LP. Project Number (NCDOT Only): 8.2961501 3. Property Identification Number (Tax PIN): 4. Location County: Jackson Nearest Town: Sylva Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Asheville take I-40 West and exit off at exit 27 onto US 74-19-23. Take US 74 West and after passing Sylva take a right onto SR 1388 (Dicks Creek Rd.). Bridge 36 will he approximately 2 miles up the road just past a small white church on the right. 5. Site coordinates, if available (UTM or LatlLong): 39D 20M l S N 17D 29M 47S I'; (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: Undeveloped forestland and farmland 7. Property size (acres): 8. Nearest body of water (stream river/sound/ocean/lake): Dicks Creek (Class C Tr) M• 9. River Basin: Little Tennessee Page 4 of 12 (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Describe the purpose of the proposed work: Existin~id~e to be removed and replaced with a one 50 foot span cored slab structure. There will he no interior bents. A temporary bride made of dirt, Rip-Rap, and several lines of large ape will first be installed to handle all traffic flow while the bride is being constructed. Piles will first be driven at the end bents for the cored slabs to sit on. As soon as the cored slabs are placed regular traffic will resume and the temporar~ae will be taken out. If spread footings arc recommended cofferdams will be installed in the creek to perform work in the dry. 10. List the type of equipment to be used to construct the project: Backhoe, boomtruck, trackhoe etc. 1 1. Describe the land use in the vicinity of this project: Undeveloped forestland and farmland 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.LP. project, along with construction schedules. No prior jurisdictional determinations and/or permits have been requested for this project. This is not a T1P nroiect. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No permits will be requested in the future. VI. Proposed Impacts to Waters of the United States/Watcrs 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 Page 5 of 12 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 fornls should be included as appropriate. Photographs may be 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 ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** (es/no) Distance to Nearest Streatn (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: mechanized clearing, grading, fill, excavation, Hooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains arc identiticd through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps arc available through the FEMA Map Service Center at 1-500-358-9616, or online at http:lfwww.tcma.gov. *** List a wetland type that best describes wetland to be impacted (c.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina I3ay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0 Total area of wetland impact proposed: 0 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 Im act Perennial or Intermittent? (leases ecif ) 1 Rip-rap 60' Greens Creek 10' Perennial 2 CMPA&Rip-rap 40' Greens Creek 10' Perennial ~' * List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and atier, and net loss/gain), Page 6 of 12 stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc, If stream relocation is proposed, plans and prolilcs 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 narned stream into which it flows. USGS maps arc available through the USGS at 1-800-353-9616, or online at wtvw.uscs.;tov. Several Internet sites also allow direct download and printing of USGS maps (e.g., tvute.toportme.com, tvwu'.mnpqucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 100' 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) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound ba ,ocean, etc.) * List each impact separately and identify 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 itnpacts 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., dan~/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: 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 flow impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Silt fence and annronriate BMP's will be~used around the iJroiect to reduce run-off into the stream. We tried building the bride by cutting it in half and lettins; traffic flow one half at a time. This is not feasible because of high traffic flow and the narrowness of the bridge. Page 7 of 12 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. 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/strn~Lide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as tnueh 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. Mitigation is not needed for this project. .' Page 8 of 12 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:~/1,2o.cnr.state.nc.ush~~rp~indes.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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. IJnvironmental 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: Page 9 of 12 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 s uare feet Multiplier Required Mitigation I 3 2 1.5 Total ~' Gone 1 extentls out 3U Ieet pcrpendtcular Irom near bank of channel; Lone 2 extends an additiona120 feet from the edge of Zone I. 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. XI. Stormwatcr (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. The drainage area for the small creek is approximately 85-90% forest and woodlands. Silt fence and appropriate BMP's will be used around the project to reduce run-off into 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. No wastewater will he generated from the project. XIII. Violations (DWQ Only) Is this site in violation of D~VQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Y' t Is this an after-the-fact permit application? Yes ^ No Page 10 of 12 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). ApplicanUAgent's Signature ~ ~ Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee lredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person \Varren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret IVrontgomery Robeson Telephone: (910) 251-4511 Columbus 'Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne D/2Z Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 12 US Fish and Wildlife Service /National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 665-1195 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telepf~one: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Ponder Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 - Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 12 of 12 0~ c N~ v {S- ~ ~ rn n a 3 _~ N S 0 ~ ~ o ~ 11 l } ~ CI~, _ c_, ~-c. i ' ~ ~ ~' ~ ~ ~~ ., - I ~C ~~~ ,; t ~ ~~ o° 1 i i ~~ ~ca o o ~~,~ i ~E :°a ~o~ ~~ _` ,~ m cQ, Cp ~ ~~ ~ ~ j c ~~.• ~ ~~ ~ ~ 1 ~ i ~~ ~ i _, ~g H ' ~ ~ ~ j ~ G~ ~ i~ ~ "~ d =~ ~ ~ Ho ~ ~ c ~ i i ~ ~~ s ~ 1 ~ ~,c ~ I r~ } I ' ~~ ~_ ~ m i I ~ t I I ~ 'p i i 2 i ; ~, S jJ Am 3 I ^~ /~ "'~. ~..J~ >`?. .~ ~1 1 J (~~ .~ ,; vt 11,: . rtti~r~ t e ,' ~' A ~' ...~' :I~IIyDvcru~renlslGridgerrraiutlrunpslGridtic ytnpsljacksonljack-sheel2.sidj Scale 1:2.075 /~ k ~r -' - ~ :-y ''"~~ ~_- ''~:. ~_~~ ?15 r~ ,` 1390 1 i YI~SID Viewej~ e~~~o~ 7 r . 1 ~' ~ :,~ 1 STATE OF NORTI-I CAROLINA DI/PARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR P. O. BOX 77, WHITTIER, NC 23759 LYNDO TIPPETT SECRETARY October 24, 2001 Mr. Robert Ridings Division of Water Quality 401/ Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Subject: Nationwide 401 Permit Application Bridge 36 on SR 1388 -Dicks Creek Jackson County Dear Mr. Ridings: I have enclosed a PCN application, a location map, and a brief project description for the replacement of Bridge No. 36 on SR 1388 in Jackson County. The bridge will be replaced with a 50-foot span cored slab structure. Bridge #36 in Jackson County is a small bridge that we are going to replace with a ~0-foot span cored slab structure. There will be no interior bents. A temporary bridge made of dirt, rip-rap, and several lines of large pipe will first be installed to handle all traffic flow while the bridge is being constructed. Piles will first be driven at the end bents for the cored slabs to sit on. As soon as the cored slabs are placed regular traffic will resume and the temporary bridge will be taken out. If spread footings are recommended cofferdams will be installed in the creek to perform work in the dry. Bridge No. 36 spans a small stream named Dicks Creek. The drainage area for the stream is approximately 85 - 90% forest and woodlands. This site is not in violation of any DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules. Any potential impacts from sedimentation downstream of the project site will be avoided by the implementation of appropriate BMP's. Your earliest consideration for this request would be greatly appreciated. If you have nay questions or information needs, please call me at (828) 497-7953. ro. Q' -~~~~., ~ 1 ~.~~ f ~~'r'~',~~;'T R~-C~IV D Bridge No. 36 on SR 1388 Page 2 October 24, 2001 Your earliest consideration for this request would be greatly appreciated. If you have any questions or information needs, please call me at (828) 497-7953. Sincerely, Enclosures BTW:btw cc. Mr. Mark Davis, DEO File ~U-- J.D. Metcalfe Division 14 Bridge Maintenance Engineer Bride Maintenance, P.O. B. 77, Whittier, NC 28789 Telephone (828) 497-7953 Fax (828) 497-6544 .,. .' ~, r ~~ } 1 OF WATF9 ,o`, Q~ 4 r- ~~~~ ~ ~~.4..--. ~~ Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USAGE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USAGE Individual Permit application form is available online at http://www.saw.usace.army.milhvetlands/Perm app.htm. The USAGE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USAGE website at httn:/hrnvw.saw.usace.arn~Y.mil/wetlands/re~~tour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USAGE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http:/lh2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the Internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination -Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases,~the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page 1 of 12 LAMA Coordination - If the project occurs in any of Nortli Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated, Area of Environmental Concern, in which case DCM will act as the lead perniitting agency. In such cases, DCM will require a Coastal Area Management Act (CAMA) Pernlit and will coordinate the 404/401 Permits. USACI/ Permits -Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end •of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Natiomvide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the infornation requested on this fornl will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at http://www.saw.usace.arnw.mil/wetlands/nw~pfinalFedReg_pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules -All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Perniit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested fora 401 Certification, then anon-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application fora 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. ti. .' Page 2 of 12 Office Use Only: _ Donn Version April 2001 USACIJ Action ID No. ~ D~VQ No. 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 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: 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: ^ II. Applicant Information 1. Owner/Applicant Information Name: NC Department of Transportation c/o J. D. Metcalfe Mailing Address: PO Box 77 Whittier, NC 28789 Telephone Number: 1-828-497-7953 Fax Number: 1-828-497-6095 E-mail Address:_ lmetcalfendot.state.nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent leas signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: ~- Page 3 of 12 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: Bride 36 over Dicks Creek on SR 1388 in Jackson County. 2. T.I.P. Project Number (NCDOT Only): 8.2961501 3. Property Identification Number (Tax PIN): 4. Location County: Jackson Nearest Town: Sylva Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Asheville take I-40 West and exit off at exit 27 onto US 74-19-23. Take US 74 West and after passinn Sylva take a right onto SR 1388 (Dicks Creek Rd.). Bride 36 will be approximately 2 miles up the road just past a small white church on the right. 5. Site coordinates, if available (UTM or Lat/Long): 39D 20M 1 S N 17D 29M 47S >C (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: Undeveloped forestland and farmland 7. Property size (acres): 8. Nearest body of water (stream river/sound/ocean/lake): Dicks Creek (Class C Tr) 9. River Basin: Little Tennessee Page 4 of 12 (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.cnr.state.nc.us/admin/maps/.) Describe the purpose of the proposed work: Existing Bridt*e to be removed and replaced with a_one 50 foot span cored slab structure. There will be no interior bents. A temporary bridge made of dirt, Rip-Ran, and several lines of largL pipe will first be installed to handle all trafftc flow while the bridge is being constructed. Piles will first be driven at the end bents for the cored slabs to sit on. As soon as the cored slabs are placed regular trafftc will resume and the temporary bride will be taken out. If spread footings are recommended cofferdams will be installed in the creek to perform work in the dry, 10. List the type of equipment to be used to construct the project: Backhoe, boomtntck, trackhoe etc. 1 1. Describe the land use in the vicinity of this project: Undeveloped forestland and farmland 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. No prior jurisdictional determinations and/or pern~its have been requested for this project. This is not a TIP project. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application:_No permits will be requested in the future. VI. Proposed Impacts to Waters of the United Statcs/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 Page 5 of 12 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 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 ma) Type of Impact* Area of Impact acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation,llooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains arc identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIR>\4), or FEMA-approved local floodplain maps. Maps arc available through the FEMA Map Service Center at 1-800-358-9616, or online at httii:iiivww.tcma.~ov. *** 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 e;cisting wetlands on the property: 0 Total area of wetland impact proposed: 0 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 Itn act Perennial or Intermittent? (leases ecif ) 1 Rip-rap 60' Greens Creek 10' Perennial 2 CMPA&Rip-rap 40' Greens Creek 10' Perennial .' * List each impact separately and identify temporary impacts. Impacts include, but arc 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), Page 6 of 12 stabilization activities (cement call, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and prolilcs 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 arc available through the USGS at 1-800-358-9616, or online at www.u~~~.~,m~. Several intemet sites also allow direct download and printing of USGS maps (e.g., ~~.vw.toponme.com. www•mapquesLcom, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 100' 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Nutnber indicate on ma * Type of Impact Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, ba ,ocean, etc.) List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bullheads, 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., dan~/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: 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. Silt fence and ahpropriate_BMP's will be~-used around the nroiect to reduce run-off into the stream. We tried buildingthe bridge by cutting it in half and letting traffic flow one half at a time. This is not feasible because of high trafftc flow and the narrowness of the bride Page 7 of 12 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. 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; establislung 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/strmeide.html. 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. Mitigation is not needed for this project. Page 8 of 12 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:~/f,2o.er,r.scatc.,,c.us~«~rp/;r,d~~.htm. If use of the NCWRP is proposed, please check the appropriate box on pate three and provide the following infornation: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Note-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. 1'unvironmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Ycs ® No ^ If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or Norih 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-Pamli,~o), 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: Page 9 of 12 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 s uare feet Multiplier Required Mitieation 1 2 1.5 Total ' Zone I extends out 30 feet perpendicular from near bank of channel; Zonc 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. 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. The drainage area for the small creek is approximately 85-90% forest and woodlands. Silt fence and appropriate BMP's will be used around the project to reduce run-off into 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. No wastewater will be senerated from the project. . 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 Page 10 of 12 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). ~, Applicant/Agent's Signature ~ ~ Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Pcrquimans Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret ~Nfontgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne D/Zz Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 12 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service /National Iv US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 farine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Abencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 CAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Tclep}ione: (919) 733-4763 Fax: (919) 715-2671 Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 ~ Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey ~- .' Page 12 of 12 Qal ~C N vr' v rn N ~~ rn c!l n a 3 _~ i "' n p ~ i ~J 11 ~) C ~ _ c,, i t~ ~ v~ 1 ,. ' ' ~~ - i :.~, ~ ca T ~~~^ OC c '°C ' o ~J I I C~%, d 1 ~ ~ ~o C~j i ~ ~~' ,o L ~ ~ ~ ~ ~~ " i ~ ~ { ~ g H ~ ~ d ~~~~~~q -1 ~ I H s ~ ~~ I ~ ~ m N ~ 1 rn `G ~ 3 I ~ ~ ~. ~ I ~ i i ~ -v rn i ' ~, ~~ ~` I I I I ~ ~~ I ~ 2~ i ` J~ /~/ i ~~ / , J s 111J(~ `, r7. 't ,_` , S~F~ ,. ~~~ 1 `~ ir~~.` ''~.A ~~~ +/ i '.+;~ C:I~IIy Docutuentslbridge utainllntapslbride~ y~apsljacksouljack-skeel2sidJ Scale 1:2.075 /` ;tk ~' ~.,~~ _ ^ ~~>Y. >.15 r t Y• f 'V1'rSID Viefve~ Level I Assessment ~'~'i~ ,, ,~ ,: ~~ ~ Directions for use: The observer is to survey a minimum of 500 feet of stream, preferably in an upstream direction starting about the bridge pool and the road right-of--way. The segment which is assessed should represent average stream conditions. To perform a proper habitat evaluation the observer needs to get into the stream. To complete the form, select the description which best fits the observed habitats and Qien circle the score. If the observed habitat falls in between two descriptions, select an intermediate score. A final habitat score is detcrnuned by adding the results from the different metrics. Strcam_Dicks Crcck Location/road: _SR 1388 (Road NamcDicks Clc Rd.)County_Jackson_ Date May 20, 2003_8 Digit HUC Basin_Little Tcnnessec_Class C-trout. Stream Order _3 Catclunent Size (miZ) Observer(s) Latitude Longitude Ecoregion: ^ P ^ Slate Belt ^ Triassic ~ Sand Hills Agency Identification/Tracking Information (TIP#, Action#, etc.) Physical Characterization: Visible land use refers to immediate area that you can see from sampling location. Visible Land Use: _70 %Forest 20 %Residential _5_%Active Pasture _5_% Active Crops %Fallow Fields % Commercial %Industrial %Other -Describe: Observed driving through watershed or from maps, aerial photos, etc. Watershed land use : XForest Xgriculture Xrban ^ Animal operations upstream ^ Commercial * The following three (3) parameters arc all estimated: Width: (ft) Current wet width - Stream_23' Channel (at top of bank) ^ Width variable 3"-14" dtP~ Stream Depth: (ft) Riffles -Avg Max Pools -Avg Max. Bank Heilht (from deepest part of channel (in riffle or run) to top of bank): (ft) Bank Angle: or ^ NA (Vertical is 90°, horizontal is 0°. Angles > 90° indicate slope is towards mid-channel, < 90° indicate slope is away from chamicl. NA if bank is too low for bank angle to matter.) General Observations ^Channclized Ditch ^Dam upstream ^Other hydrologic alterations ^Manmade Stabilization ^ltip-rap, cement, gabions ^Sediment/gradc-control swcture ^Berm/levee ^Deeply incised ^Both banks undercut at bend ^Channel filled in with sediment ^Steep,straighthanks ^Bar development ^Buricd swctures ^Exposed bedrock ^Rcccnt overbank deposits ^Heavy filamentous algae gro«1h ^Green tinge ^Scwage smell ^Excessive periphyton gro~rlh ^Livestock with access to stream ^Evidence of human use (trash, foot paths, etc.) Flow conditions : ^Higlt XNormal ^Low Turbidity:X^Clear ^ Slightly Turbid ^Turbid ^Tannic ^Milky ^Colored (from dyes) Current Weather Conditions: Clear Rcccnt Weather Conditions Photos: ^N XY X Digital ^35mm Remarlcs:_Wooden Bridge with wooden floor and rails. Concertc bents on each side. Dicks Creek is abeautiful mountian stmam and is a B-4 type stream. Some homesitesin valley. I! i ' ~ ~ i i. .~ •~4i+.Y I_. ..~ , ~. m_~~ ~ W .. r .. _ fit. ._ ~ ~ ~ ._.., ~:~. ~arF ~.+1.RLYf.w.v i !~~ ~' i ~' i -Q~,v-~na-J Nc~s-~-~ ~~ ~~ ~ts~ ~a ~~ Vo ~~ ~a 5G`e ~ ~ ~ ~ ~0 ~0~ ti e ~a ~a ~~ v r ~ ~c i B-4348 ~ Bridge No. 156 on SR 1388 SR 1388 m d O Dicks Creek ~ ~ SR o r `~9o Rd M~~ ~~~ P~~ey ~a oc U , c`' ~ o ~ r ~c~ ~ ~` ~ ~~' 0 ~c l~ 0 0.25 0.5 1 Miles SOUfCe: Figure No CGIA2000 . 0 370 740 1,480 Meters P d F Barbara N. Mulkey En9ineerin9. one. repare or Project Vicinity P.O. Boa 31127 - Ralcigh,NorthCaro ~ 919-851-1912 ~ lina 27616 ~~~ ~ B-4348 on Dicks Creek I/IIC ,.,,...,..,. 919-851-1918 FHJ( ` „~\` ~~ ./ ~~ Jackson County, North Carolina r e~ Y<<: ~ ; .l* x (kj' ~ yy' ~~~I]J 7 ` ~ T. . f ~ mss' P .w ~ i ~. <` „, J ~~ ~e __.. ~ North Carolina Wildlife Resources Commission ~ Charles R. Fullwood, Executive Director TO: Mike Summers, Project Manager Bridge Maintenance Unit, NCDOT FROM: Marla Chambers, Highway Projects Coordinator Habitat Conservation Program, NCWRC DATE: June 26, 2003 SUBJECT: Scoping review of NCDOT's proposed bridge replacement projects B-3430, B- 3431, B-4347, B-4348, B-4349, B-4690, B-4691, B-4692 in Cherokee, Jackson, Transylvania and Haywood Counties. North Carolina Department of Transportation (NCDOT) has requested comments from the North Carolina Wildlife Resources Commission (NCWRC) regarding impacts to fish and wildlife resources resulting from the subject project. Staff biologists have reviewed the information provided and have the following preliminary comments. These comments are provided in accordance with the 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). Our standard recommendations for bridge replacement projects of this scope are as follows: 1. We generally prefer spanning structures. Spanning structures usually do not require work within the stream and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridge deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. 4. If possible, bridge supports (bents) should not be placed in the stream. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 Bridge Scopings Cherokee, Jackson, Transylvania, Haywood Co. 3 June 26, 2003 16. 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. If corrugated metal pipe arches, reinforced concrete pipes, or concrete box culverts are used: 1. The culvert must be designed to allow for aquatic life and fish passage. Generally, the culvert or pipe invert should be buried at least 1 foot below the natural streambed (measured from the natural thalweg depth). If multiple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream bankfull or floodplain bench elevation (similar to Lyonsfield design). These should be reconnected to floodplain benches as appropriate. This may be accomplished by utilizing sills on the upstream end to restrict or divert flow to the base flow barrel(s). Silled barrels should be filled with sediment so as not to cause noxious or mosquito breeding conditions. Sufficient water depth should be provided in the base flow barrel during low flows to accommodate fish movement. If culverts are longer than 40-50 linear feet, alternating or notched baffles should be installed in a manner that mimics existing stream pattern. This should enhance aquatic life passage: 1) by depositing sediments in the barrel, 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic organisms. In essence, the base flow barrel(s) should provide a continuum of water depth and channel width without substantial modifications of velocity. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated along the existing channel alignment whenever possible to avoid channel realignment. Widening the stream channel must be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 4. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized, and installed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. Tall fescue should not be used in riparian areas. If the area that is reclaimed Bridge Scopings Cherokee, Jackson, Transylvania, Haywood Co. 5 June 26, 2003 6. B-4690, Transylvania Co., Bridge No. 55 over Tucker Creek on SR 1324 (Tanasee Gap Road). A moratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer is recommended from October 15 to April 15 to protect the egg and fry stages of rainbow and brown trout. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. 7. B-4691, Transylvania Co., Bridge No. 59 over Tucker Creek on SR 1324 (Tanasee Gap Road). Same as B-4690 above. 8. B-4692, Haywood Co., Bridge No. 283 over Wesleys Creek on SR 1334. No special concerns indicated. Standard requirements should apply. We request that NCDOT routinely minimize adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. The NCDOT should install and maintain sedimentation control measures throughout the life of the project and prevent wet concrete from contacting water in or entering into these streams. Replacement of bridges with spanning structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Spanning structures allow wildlife passage along streambanks, reducing habitat fragmentation and vehicle related mortality at highway crossings. If you need further assistance or information on NCWRC concerns regarding bridge replacements, please contact me at (704) 485-2384. Thank you for the opportunity to review and comment on these projects. cc: Cynthia Van Der Wiele, DWQ Marella Buncick, USFWS Sarah Kopplin, NHP e,. swe 4~ " ~~ ~ .~ .~ . ,~~~. STATE OF NORTH CAROLINA DEPART~NT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR Cynthia Van der Wiele DENR-Division of `'Vater Quality/Wetland 1621 Mail Service Center Raleigh, North Carolina 27699 May 1, 2003 LYNL~O TIPPETT SECRETARY ,~ ~, ~' - , ~ . WE~'I~NDS 1401 GRQU~G . . ti, MAY 1 2 2003. ~~~~ ` o~ , WATER QUALITY SECTION :- . RE: Request for comments on Bridge Replacement Projects B-3430, B-3431, B-4347, B-4348, B-4349, B-4690, B-4691, and B-4692. Dear Ms. Van der Wiele: The North Carolina Department of Transportation (NCDOT) is preparing the planning and environmental studies for the replacement of the subject bridges. We anticipate that the projects will be processed as Programmatic Categorical Exclusions. The bridge replacement projects are included in NCDOT's 2002-2008 Tra> sportatio>'z Improvement Program (TIP). The purpose of this letter is to solicit your input concerning the potential impact of the proposed projects upon social, economic, demographic, land use or environmental conditions near the projects. A vicinity map and bridge demolition package is attached for each project, described below. All of the projects are located within NCDOT Division 14. ^ B-3430, Cherokee County, Replace Bridge No. 43 over Hanging Dog Creek on SR 1331 (Beaver Dam Road) west of Murphy. ^ B-3431, Cherokee County, Replace Bridge No. 45 over Beaver Dam Creek on SR 1331 (Beaver Dam Road) west of Murphy. ^ B-4347, Jackson County, Replace Bridge No. 3 over Norton Mill Road on SR 1107 (Whiteside Cove Road) southwest of Cashiers. ^ B-4348, Jackson County, Replace Bridge No. 156 over Dicks Creek on SR 1388 (Dicks Creek Road) near Dillsboro. ^ B-4349, Jackson County, Replace Bridge No. 36 over Dicks Creek on SR 1388 (Dicks Creek Road) near Dillsboro. MAILING ADDRESS: TELEPHONE: 919-733-4362 LOCATION: BRIDGE MAINTENANCE UNIT FAX: 919-733-2348 4809 BERYL ROAD 1565 MAIL SERVICE CENTER RALEIGH, NC RALEIGH NC 27699-1565 WEBSITE: WWW.DON.DOT.STATE.NC.US '. ^ B-4690, Transylvania County, Replace Bridge No. 55 over Tucker Creek on SR 1324 (Tanasee Gap Road) in the Balsam Grove community. ^ B-4691, Transylvania County, Replace Bridge No. 59 over Tucker Creek on SR 1324 (Tanasee Gap Road) in the Balsam Grove community. ^ B-4692, Haywood County, Replace Bridge No. 283 over Wesleys Creek on SR 1334 in the Fines Creek community. Please note that there will be no formal interagency scoping meeting for these projects. This letter constitutes solicitation for scoping comments related to the projects. To allow us to fully evaluate the impacts of the proposed projects, please respond in writing by June 3, 2003 concerning any beneficial or adverse impacts of the proposed projects relating to the interest of your agency. If you have any questions or comments concerning these projects, please contact me at (919) 835-8277, ext. 8277. Thank you for your assistance. Sincerely, Mike Summers Project Manager Bridge Maintenance Unit LWNI/ms Attachment Z O h= oaw Z ~ U ~ /a` W ~ r ON F- LL ^" ~ w Oz~ ~ ZOO o N Z L , LL F`.`" -~A a~ w OI U l\ Z rl O O N M N O r-I W ~"' Q O Z ~--' qZ LL >Q F- O i o 0 O O N t/} k H w .G -- i r~ t____ O {~ ~ ~' ~ .~ ~ 4~ - - F" O ~ Wr ~ V - ~ ~ O - ----' O _.... ~~ , O ,O/~ v` O i r..a i D w U_ O ~ r-I O O N \ M N \ O ~' w tl il U_ LI1 ~, ri O O r-I fYl O '!_ N O ~