20070215 Ver 1_Application_20070206

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STATE OF NORTH CAROLINA
DEPAR"T1V~NT OF 'I~~ANSPORTATION
i~11Ci L~\.'~.t. F. E/'LtiLEY
January 30, 2007

li. ~. Army Corps of Fn~~ineers
{~::ulatory Field Office
l t'auc)n .A~~uue, Room 2f)8
,~shc:~illc. NC X8801-x(106
,A I 1 t'.iAl 1 ION: t~'[r. I)a~'1Cl l3akeC
NCDO f Coordinator
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070215
S~~E~Jf:CT: Nntion~i~ide Perr~lit 33 Application for the proposed replacement of
Brid~,e No. 166 on SR 1331 (1-tan«in~r L)o~~ Road) over Bates Creek, in
Cherokee County. Federal Aid ['reject Ne. BR7.-133((5), State Pr;)j~ct
No. 8.2910701 WBS Element 33278.1.1, T'IP No. E3-3826, in Division
14.
I)C~iI Sir:
Please find enclosed a copy of the Pre-Construction Notification, permit drawings, 1!2 size plan;
and C'ate«orical Exclusion for the above referenced project. The North Carolina Department of
Transportation (NCDOT) proposes to replace Bridge No. 166 on the same alignment with a new
30' sin~~(e span bridge. There will be 0.02 acre of temporary impacts in surface waters with no
permanent impacts. Traftlc will be maintained by an onsite single lane signalized detour.
lmp~+cts to Waters of the United States
1'hc water resource impacted for project B-3826 is Bates Creek located in the Hiwassee River
Basin, Subbasin 04-OS-02. "I'he North Carolina Division of Water Quality (DWQ) classifies Bates
Creek as a "Class C" stream and is located in Hydrological Cataloguing Unit 06020002. There
are no Outstanding Resource Waters (ORW), FIigh Quality Waters (HQW), WS-I, WS-II, or
watershed Critical Area (CA), within I mile upstream or downstream of the project study area.
Bates Creek is not identified as a 303(d) stream by DWQ nor does the project drain to a 303(d)
stream within one mile.
The North Carolina Wildlife Resource CorTnnission (WRC) has issued a Construction
Moratorium for in-stream or land disturbance work within a 25-foot wide buffer zone of Bates
Creek, which will be in effect from October 15 through April I5, to protect trout during
spawning. Guidelines for Construction of Hii;hwa~Improvements Adiacent to or Crossin<.; Trout
Water in North Carolina will be adhered, as applicable.
MAILING ADDRESS TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: 919-~33-9794 TRANSPORTATION BUDDING
PROJECT DEVELOPMENT AND EN'•/IRONMENTA'_ ANALYSIS 1 SOUTH WR MINGFON STREET
1548 MAIL SERVICE CENTEe WEBSITE: WWW.NCDOT.ORG RALEI ,H NC
RALEIGH NC 27699-1548

Permanent Impacts: There will be no permanent impacts to surface waters or wetlands resulting
from the construction of this project.
Temporary Impacts: A temporary onsite detour will result in approximately 0.02 acre of
temporary stream impacts. An 84" corrugated metal pipe (CMP) with asand/cement headwall
will he installed into Bates Creek to support a temporary detour to the south of the existing
bridge. "fhe pipe and headwall will be removed after the new bridge is completed.
There are no impacts to jurisdictional resources due to utilities for this project.
Bridge Demolition
The existing bridge was constructed in 1965 and consists of a timber deck, steel I-beams, timber
caps and piles with concrete sills. Bridge No. 166 is structurally unsatisfactory according to
federal guidelines and is recommended for replacement before farther deterioration occurs. Best
Management Practices for Bridge Demolition and Removal will be implemented; however, there
is potential for budge components to drop into Waters of the United States during demolition.
Federally Protected Species
As of April 27, 2006. the United States Fish and Wildlife Service lists six federally protected
species for Cherokee County (Table 1). The tan r-iffleshell mussel was added to endangered
species list for Cherokee County since the CE document was si~~ned on November 24, 2004.
Table 1. Federally Protected Species for Cherokee County.
Common Name Scientific Name Status abitat iologicai Conclusion
Bog turtle Clentrnys rutrh/enbergii (S/A) o of Subject
Indiana bat yobs sodcrlis~ Endangered o o Effect
Small-whorled pogonia soma medeoloides hreatened No o Effect
Little-wing pearlymussel evicts %crbtr/cr Endangered o o Effect
Cumberland bean Villosa trabalis Endangered o o Effect
an riffleshell poiblasma florentirrrr
ticalkerii Endangered o o Effect
Avoidance and Minimization
NCDOT has minimized impacts to the fullest extent possible. The proposed bridge replacement
will span Bates Creek; therefore, totally avoiding permanent surface water impacts. An off site
detour was studied, but eliminated from further consideration due to lenlnh, safety concerns and
school bus routes. The shortest detour was 10.4 miles long through the town of Ebenezer. This
project will be constructed utilizing Design Standards for Sensitive Watersheds with any
temporary or permanent herbaceous vegetation to be planted on all bare soil as soon as possible
and within 15 working days of ground disturbing activities to provide long-term erosion control.
Mitigation
Construction for this project will impose only temporary impacts to jurisdictional waters,
therefore, no mitigation is necessaryfor this project.

Regulatory Approvals
Section 404 Pernlit: It is anticipated that the temporary construction impacts to Bates Creek can
be authorized under Section 404 Nationwide Permit 33 (Temporary Construction Access and
Dewatering). We are, therefore, requesting the issuance of a Nationwide Permit 33 authorizing
the temporary surface water impacts of Bates Creek.
Section 401 Permit: We anticipate 401 General Certification number 3366 will apply to this
project. All general conditions of WQC 3366 will be met. Therefore, we are not requesting
written concurrence from DWQ. In accordance with I SA NCAC 2H .0501(a) we are providing
two copies of this application to DWQ for their records.
We anticipate that comments from WRC will be requested prior to authorization by the Anny
Corps of Engineers. By copy of this letter and attachment, NCDOT hereby requests WRC review
and that WRC forward their comments to the Corps of Engineers and NCDOT within 15 calendar
days of receipt of this application.
Thank you for your assistance with this project. A copy of this permit application will be posted
on the NCDOT Website at www.naiot.or~doh~-ec~~nstruct~'~c~i~cu-~r~llit.htmL If you have any
questions or need additional information, please contact JefFlIcmphill at [phone].
Sincerely,
~~Gregory J. Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
Cc
W/attachment
Mr. John Hennessy, NCDWQ (2 Copies)
Ms. Marella Buncick, USFWS
Ms. Marla Chambers, NCWRC
Mr. Harold Draper, TVA
Mr. Victor Barbour, Project Services Unit
Dr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. J. B. Setzer, P.E. (Div. 14), Division Engineer
Mr. Mark Davis (Div. 14), DEO
W/o attachment
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USACE, Wilmington
Ms. Stacy Oberhausen, PDEA Project Planning Engineer

Office Use Only: Form Version March OS
2~G ;0215
USACE Action ID No. DWQ No.
(tt any part~cutar item ~s not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 33
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: Gregory J Thorpe PhD Environmental Management Director
Mailing Address: 1598 Mail Service Center
Raleigh NC 27699-1598
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. AgentlConsultant 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 I of 9

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: Replacement of Bride No. 166 on SR 1331 (Han ig•n~ Dog Road) over
Bates Creek
2. T.I.P. Project Number or State Project Number (NCDOT Only)
3. Property Identification Number (Tax PIN): N/
B-3826
4. Location
County: Cherokee Nearest Town: Murphy
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): Take US 19/74 west to
Murphy. Follow US 19 through town to the Joe Brown Hi hway (aka Tennessee Street) an
turn right. Proceed northwest on Joe Brown Highway for approximately three and a half
miles to Han~in~ Doi Road (SR 1331) and turn right Proceed north for ap..proximately a
quarter of a mile. Bridge 166 is located on Han ing Dog Road just before the intersection
with Bates Creek Road (SR 1348).
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35° 6.79' °N 84° 3.14' °W
6. Property size (acres):
7. Name of nearest receiving body of water: Bates Creek
8. River Basin: Hiwassee River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:i/h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 9

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is located in a rural section of Cherokee County
The site is primarily surrounded by residential/commercial use roadside shoulder and by rich
cove forest.
10. Describe the overall project in detail, including the type of equipment to be used:
The project will consist of re lacing the existing 25.4 feet wide 26 feet long bridge with a
new 30 feet long 21" thick cored slab bridge that will span Bates Creek Traffic will be
maintained through a signalized single lane onsite temporary detour located to the east of the
existing bride. An 84" Corrugated Metal Pipe (CMP) with asand/cement headwall will be
installed into Bates Creek to facilitate the temporary detour. Construction equipment will
consist of heavy trucks, earth moving_equipment cranes etc.
11. Explain the purpose of the proposed work: The existing bridge is structurally deficient and
according to federal Quidelines is considered functionally obsolete The replacement of this
bridge will result in safer traffic operations.
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 USAGE 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. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Page 3 of 9

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. Provide a written description of the proposed impacts: No permanent impacts to surface
waters will result from the replacement of the structurally deficient Bridge No 166 on SR
1331 on Bates Creek. An 84" Corrugated Metal Pipe (CMP) with asand/cement headwall
will he installed into Bates Creek to facilitate a temporary detour will result in 0 0158 acre of
temporary construction impacts.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to h~th stn,cture anti flnnri;ncT
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
N/A

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must he included- T~ calculate acreage mnltir~ly lencrth X ax~irlth then rtiviw by d2 SF.n

Stream Impact
Number
(indicate on map)

Stream Name

Type of Impact
Perennial or
Intermittent?
Average
Stream Width
Before Im aci -
Impact
Length
(linear feet) ---
Area of
Impact
(acres)
Site 2 Bates Creek Temporary Perennial 8 feet 27 0.02

Total Stream Impact (by length and acreage) 27 0.02
Page 4 of 9

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
(indicate on map)
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
'(acres)
N/A

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resultinn from the nroiect~
Stream Impact (acres): 0
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
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
Page 5 of 9

' techniques to be followed during construction to reduce impacts. See Permit Application Cover
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 January 15, 2002, 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 NCEEP 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/strm~ide 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.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
Page 6 of 9

website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. 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 [phone] to review current thresholds for environmental documentation.
Yes ® No ^
3. 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 (required by DWQ)
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", 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
Miti ation
1 3 (2 for Catawba)
2 1.5
Total
Page 7 of 9

* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I .
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. N/A
XII. Sewage Disposal (required by DWQ)
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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
Page 8 of 9

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).
f
/z/C~~
',/~pplicant/Agent's Signature ' bate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

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Cherokee County
Bridge No. 166 on SR 1331 (Hanging Dog Road) over Bates Creek
Federal-Aid Project No. BRZ-1331(5)
State Project No. 8.2910701
TIP Project No. B-3826
CATEGORICAL EXCLUSION
UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
APPROVED:
t I - r ~ - o ~P,c. w(,,,~-.
DATE ~Y Gregory Tho Ph. D., Environmental Management Director
Project Development and Environmental Analysis Branch, NCDOT
DATE 1,~~,, John F. Sullivan, III, PE
Division Administrator, FHWA

Cherokee County
Bridge No. 166 on SR 1331 (Hanging Dog Road) over Bates Creek
Federal-Aid Project No. BRZ-1331(5)
State Project No. 8.2910701
TIP Project No. B-3826
CATEGORICAL EXCLUSION
`~~1 R:°°eee:,r2 tf~A J~~
i ~O rl °°
n _
- • ~ SEAL -
_ 211)82
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S. •:
~.
NOVEMBER 2004
Documentation Prepared by:
PBS&J
'` - Date: ~
11 urak, P.E., A.I.C.P.
Project Manager - NEPA
.~
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H CARp~''••
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SEAL
1~2s5
Date: f t [Z a4
Steve Drum, P.E.
Project Manager -Roadway Design
For the North Carolina Department of Transportation
Khaled Al-Akhdar
Project Manager
Consultant Engineering Unit

4
PROJECT COMMITMENTS
Cherokee County
Bridge No. 166 on Bates Creek over SR 1331 (Hanging Dog Road)
Federal-Aid Project No. BRZ-1331(5)
State Project No. 8.2910701
TIP Project No. B-3826
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, NCDOT's Guidelines for Best Management
Practices for Bridge Demolition and Removal, General Certification Conditions, and Section 401
Conditions of Certification, the following special commitments have been agreed to by NCDOT:
Office of Natural Environment:
A sample of Bates Creek in the vicinity of Bridge No. 166 will be conducted prior to project
letting for the sicklefin redhorse, a species of federal concern, as requested by the United
States Fish and Wildlife Service. However, because the sicklefin redhorse is not a federally
protected species, a sample is not required for this Categorical Exclusion.
Division Construction:
1. Instream work and land disturbance within the 25 foot wide buffer none are prohibited
during the brown, brook, and rainbow trout spawning season of October 1 S through
April l S.
2. "Guidelines for Construction of Highway Improvements Adjacent to or Crossing Trout
Waters in North Carolina " (October 27, 1992) will be adhered to throughout the life of
this project
Project Development and Environmental Analysis Branch:
A copy of the environmental planning document will be submitted to the Tennessee Valley
Authority (TVA)) and United States Army Corps of Engineers (COE).
Hydraulics Unit/Structure Design Unit:
This project will be reviewed under Section 26a of the Tennessee Valley Authority (TVA) Act.
The final bridge plans, hydraulic analysis of the effects of the replacement structure on the
100 year flood elevation, and notice of compliance with the Historic Preservation Act of
1966 will be forwarded to TVA for approval.
B-3826
Categorical Exclusion
November 2004
Green Sheet

i
Cherokee County
Bridge No. 166 on SR 1331 (Hanging Dog Road) over Bates Creek
Federal-Aid Project No. BRZ-1331(5)
State Project No. 8.2910701
TIP Project No. B-3826
INTRODUCTION: The replacement of Bridge No. 166 is included in the North
Carolina Department of Transportation 2004-2010 Transportation Improvement Program
(TIP) and in the Federal-Aid Bridge Replacement Program. The bridge location is shown
in Figure 1. No substantial environmental impacts are anticipated. The project is
classified as a Federal "Categorical Exclusion".
I. PURPOSE AND NEED STATEMENT
NCDOT Bridge Maintenance Unit records indicate Bridge No. 166, atwo-lane bridge
over Bates Creek, had a sufficiency rating of 48.9 (out of a possible 100 for a new
structure) when it was selected for replacement in 1997 and was considered functionally
unsatisfactory. In 1997, a timber bent was added to the bridge, which increased its
sufficiency rating. Currently, the bridge has a sufficiency rating of 79.3, but still warrants
replacement because the timber bent will continue to deteriorate over time. The
replacement of this unsatisfactory structure will result in safer and more efficient traffic
operations.
II. EXISTING CONDITIONS
Project Setting. Figure 1 shows the project location
in relation to the county and state. The project is
located in the mountainous areas of the northwestern
part of the state.
SR 1331 (Hanging Dog Road) is classified as a rural
major collector (see Photograph 1). Land use in the
project area is primarily residential, commercial and
agricultural. The project is outside of, but near the
border of Cherokee Indian Land and the Nantahala
National Forest.
B-3826 1
Categorical Exclusion
November 2004
Photograph 1: Bridge No. 166.

Overhead electrical lines are in the immediate project vicinity. The utility conflicts for
this bridge are considered low.
Existing Bridge Data. The existing bridge was
constructed in 1968. The superstructure is a timber
deck on I-beams. The substructure is made of timber
piles and caps, with concrete sills. The bents are not
in the creek (see Photograph 2).
The approach roadway width, including shoulders, is
19 feet. Across the bridge, the roadway width is 24.5
feet, and the total deck width is 25.4 feet. The height
of the bridge (from crown to bed) is 8 feet. The
bridge length is 26 feet.
The bridge carries SR 1331 (Hanging Dog Road) over Bates Creek. The existing right of
way is the maintained area and averages 60 feet. The posted weight limits are 30 tons for
single vehicles and 37 tons for tractor-trailer semi-trucks. The drainage area for Bates
Creek is 1.7 square miles.
Traffic Information. Estimated traffic volumes at the bridge are 2,460 vehicles per day
(vpd) for the year 2003 and 3,000 vpd for the design year 2030. The projections estimate
two (2) percent truck-tractor semi-trailer (TTST) and two (2) percent dual-tired (DT)
vehicles.
The posted speed limit for SR 1331 (Hanging Dog Road) is 45 miles per hour from the
north and 25 mph from the south.
No accidents were reported in the vicinity of the bridge during the period from January 1,
2001 to December 31, 2003.
Three Cherokee County school buses cross Bridge No. 166 twice daily.
There are currently no provisions for pedestrians, and no evidence of heavy use by
pedestrians. This section of SR 1331 (Hanging Dog Road) is not part of a designated
bicycle route nor is it listed in the TIP as needing incidental bicycle accommodations.
There is no indication there are an unusual number of bicyclists using this roadway.
B-3826 2
Categorical Exclusion
November 2004
Photograph 2: Side view of
Bridge No. 166.

III. ALTERNATIVES
A. Project Description
Bridge No. 166 will be replaced with a double barrel (each 8 feet by 7 feet) reinforced
concrete box culvert. Each barrel of the reinforced concrete box culvert will be
approximately 47 feet in length. The approach roadway for the permanent replacement
structure will consist of two 12-foot travel lanes and 11-foot shoulders where guardrail is
required and 8-foot shoulders without guardrail. The design speed for the roadway is 30
miles per hour.
The typical section across this structure is a 24-foot two-lane roadway with 11-foot
shoulders where guardrail is required and 8-foot shoulders without guardrail (See typical
section no. 1 on Figure 2).
Based on the preliminary hydraulic analysis, the elevation of the new structure will be
approximately the same as the existing structure. The replacement structure is a box
culvert with a minimum grade to facilitate drainage. The length and opening of the
culvert may increase or decrease as necessary to accommodate peak flows, which will be
determined from detailed hydraulic analysis during final design.
B. Build Alternatives
Figures 3a-d shows the three alternatives considered for the replacement of Bridge
No. 166. The alternatives are described below.
Alternative 1 -Stage Construct Upstream
Alternative 1 involves building a double barrel reinforced concrete box culvert
immediately upstream using staged construction. The length of roadway approach work
will be approximately 400 feet south and 550 feet north. A portion of the existing bridge
will be removed and traffic will be maintained on the remaining portion of the existing
structure in a single lane pattern. A temporary signal maybe required during this
stage. After the first stage is completed, two-lane, two-way traffic will be allowed to
travel on a portion of the new reinforced box culvert. The remaining portion of the
existing bridge will then be removed and the remaining portion of the proposed culvert
will be constructed. Alternative 1 was not selected as the Preferred Alternative because it
requires more earthwork and causes residential relocations.
B-3826
Categorical Exclusion
November 2004

Alternative 2 (Preferred) -Temporary Realignment Upstream (One-Lane Detour)
This alternative involves building a temporary detour structure upstream and building the
reinforced concrete box culvert in place. The detour structure will be an 84-inch
corrugated metal pipe with asand-cement bag headwall. The approach roadway will
extend approximately 185 feet south and approximately 140 feet north of the detour
structure. The detour structure will be offset approximately 30 feet east of the existing
bridge. Traffic on the detour structure (one-lane) will be maintained with temporary
signal control. A design exception will be required for the one-lane detour. The typical
section for the one-lane detour is shown on Figure 2 as typical section no. 2.
The length of roadway approach work for the new permanent structure will be
approximately 90 feet south and 250 feet north.
Alternative 3 -Temporary Realignment Downstream (Two-Lane Detour)
This alternative involves building a temporary detour structure downstream and building
the reinforced concrete box culvert in place. The detour structure will be an 84-inch
corrugated metal pipe with asand-cement bag headwall. A 48-inch corrugated metal
pipe will be installed to accommodate the flow from a tributary to Bates Creek. The
approach roadway will extend approximately 160 feet south and approximately 370 feet
north of the detour structure. The detour structure will be offset approximately 70 feet
southwest of the existing bridge. The typical section for the detour is shown on Figure 2
as typical section no. 3.
The length of roadway approach work for the new permanent structure will be
approximately 90 feet south and 250 feet north.
Alternative 3 was not selected as the Preferred Alternative because of the complexity of
the overall design.
C. Alternatives Eliminated from Further Study
The "do-nothing" alternative will eventually necessitate removal of the existing structure.
This is not desirable due to the service provided by Bridge No. 166.
Rehabilitation of the existing structure is not feasible due to its age and deteriorated
condition.
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Categorical Exclusion
November 2004

An off-site detour route was studied but eliminated from further consideration due to
length, safety concerns, and disrupting school bus routes. The shortest detour was
estimated to be approximately 10.4 miles long through the town of Ebenezer.
D. Preferred Alternative
Alternative 2, placing a reinforced concrete box culvert at the existing location, is the
Preferred Alternative. Alternative 2 will use cone-lane detour with temporary signal
control to maintain traffic during construction.
Alternative 2 was selected as the Preferred Alternative because it requires the least
earthwork, it has no residential relocations, and has the fewest impacts to biotic
communities.
The Division 14 Engineer concurs with the selection of Alternative 2 as the Preferred
Alternative.
E. Anticipated Design Exceptions
A design exception will be required for the one-lane detour on the Preferred Alternative.
IV. ESTIMATED COSTS
The estimated costs, based on current prices, are shown in Table 1.
Table 1
Fctimaterl (`nett
Cost Item Alternative 1 Alternative 2
Preferred Alternative 3
Structure Removal (existin) $5,900 $5,200 $5,200
Structure ro osed) $80,000 $72,000 $72,000
Detour Structure and A roaches N/A $78,400 $81,400
Roadway A roaches $489,000 $66,500 $66,500
Miscellaneous and Mobilization $274,000 $110,300 $125,000
En 'neerin and Contin encies $126,100 $47,600 $49,900
ROW/Easements/LJtilities $571,000 $71,100 $101,000
Total $1,546,000 $451,100 $501,000
B-3826 5
Categorical Exclusion
November 2004

The estimated cost of the project, as shown in the 2004-2010 NCDOT Transportation
Improvement Program is $550,000; including $150,000 for right of way and $300,000
for construction. Right-of--way acquisition is scheduled for 2005, with construction to
follow in 2006.
V. NATURAL RESOURCES
Definitions for area descriptions used in this report are as follows: Project Study Area
denotes the area bounded by proposed construction limits; and Project Vicinity describes
an area extending 0.5 mi on all sides of the Project Study Area.
A. Methodology
Background research on soils, water resources, wetlands, protected species and other azea
features was conducted prior to field investigations. Information sources used in this pre-
field investigation of the study area included:
• US Geological Survey (USGS) quadrangle map (Murphy)
• US Fish and Wildlife Service (USFWS) National Wetland Inventory Map
(Murphy) website (http://wetlands2.nwi.fws.gov/nwi_mapplet/)
• Natural Resources Conservation Service (NRCS, formerly the Soil Conservation
Service) soil maps and
• NCDOT aerial photographs of project area (scale 1" = 100').
Water resource information was obtained from the following source:
• Department of Environment and Natural Resources Division of Water Quality
(NCDWQ)
Information concerning the occurrence of federal and state protected species in the study
azea was gathered from the following sources:
• US Fish and Wildlife Service (USFWS) website list of Murphy County
Endangered Species, Threatened Species, and Federal Species of Concern website
• NC Natural Heritage Program (NCNHP) database of rare species and unique
habitats.
B-3826 6
Categorical Exclusion
November 2004

1
General field surveys were conducted along the proposed alignment on July 25, 2001 and
November 8, 2001. Plant communities and their associated wildlife were identified and
recorded. Wildlife identification involved using one or more of the following
observation techniques: active searching and capture, visual observations (binoculars),
and identifying characteristic signs of wildlife (sounds, scat, tracks and burrows).
Jurisdictional wetland determinations were performed using delineation criteria
prescribed in the Corps of Engineers Wetland Delineation Manual (Environmental
Laboratory, 1987).
Estimated impacts are derived using the construction limits shown on the functional
designs for each alternative. The estimated construction limits on the functional designs
were developed based on site visits, aerial photography, and USGS topographic mapping.
B. Physiography and Soils
The Project Study Area denotes the area bounded by proposed construction limits. It is
within the Mountain Physiographic Province. The topography in this section of
Cherokee County is characterized by hilly to mountainous terrain. The Project Study
Area is in a slight valley, with the elevation rising 100 feet. The project elevation is
approximately 1,680 feet above mean sea level (msl).
Four soil series occur within the Project Study Area: Junaluska-Brasstown complex soils,
Junaluska-Tsali complex soils, Nikwasi loam, and Cullowhee fine sandy loam.
Junaluska-Brasstown complex soils are steep, well-drained soils on side slopes on
narrow ridges in the low mountains. Surface runoff is slow where forest litter has not
been disturbed, and rapid where litter has been removed. Landslides are common with
this soil type. The bedrock often contains sulfur-bearing and acidic seams. Exposed
bedrock can lead to water quality problems. Any exposed soil should be vegetated as
soon as possible to prevent erosion. This complex is generally forested, but steep slopes
make the complex poorly suited for woodland management.
Junaluska-Tsali complex soils are moderately steep, well drained soils on side slopes on
narrow ridges in the low mountains. Surface runoff is slow where forest litter has not
been disturbed, and rapid where litter has been removed. Landslides are .common with
this soil type. The bedrock is relatively sulfur-bearing and acidic. This complex is
generally forested, but steep slopes make the complex poorly suited for woodland
B-3826 7
Categorical Exclusion
November 2004

r
management. This complex tends to be shallower than the Junaluska-Brasstown
complex, but otherwise the two complexes are very similar.
Nikwasi loam soils are nearly level, very deep, poorly drained to very poorly drained
soils in floodplain depressions of smaller streams. Surface runoff is very slow, and
flooding is frequent. The soil type is poorly suited to woodland management due to
wetness and flooding. This soil type is on the hydric soils list for the county.
Cullowhee fine sandy loam soils are nearly level to gently sloping, somewhat poorly
drained soils on the floodplains of smaller streams. Surface runoff is very slow, and
flooding is frequent. This soil type is well suited for woodland management, but it is
rarely used as it occurs in small pockets and other agricultural uses are more profitable.
This soil type is on the hydric soils list for the county.
A soil sample was not taken at this site because the area is maintained lawns, driveways,
or otherwise disturbed.
C. Water Resources
1. Waters Impacted
Bates Creek will be the only surface water resource directly impacted by the proposed
project. Bates Creek is located in sub-basin 02 of the Hiwassee River Basin (04-OS).
Bates Creek flows into Hanging Dog Creek about one mile southwest of the bridge. The
drainage area for Bates Creek is 1.7 square miles.
2. Water Resource Characteristics
Bates Creek, at Bridge No. 166, is approximately 8 feet wide and 1.5 feet deep. The
surface area of Bates Creek under the existing bridge crossing is approximately 200
square feet. The stream runs parallel to SR 1331 (Hanging Dog Road) for approximately
550 feet in the Project Vicinity. The stream has a Rosgen classification of B 1/2/3
(structural controlled narrow valley with a predominantly bedrock, boulder, and cobble
substrate).
B-3826 $
Categorical Exclusion
November 2004

3. Best Usage Classification and Water Quality
Best Usage Classification. Streams are assigned a best usage classification by the
NCDWQ. The classification of Bates Creek [Index No.l-56] is Class C. Class C uses
include aquatic life propagation and survival, fishing, wildlife, secondary recreation, and
agriculture.
Neither High Quality Waters (HQW), Water Supplies (WS-I: undeveloped watersheds or
WS-II: predominately undeveloped watersheds) nor Outstanding Resource Waters
(ORW) occur within one mile of the Project Study Area.
Water Quality Monitoring. The NCDWQ has taken no water quality samples on Bates
Creek. Hanging Dog Creek, into which Bates Creek flows, has a Use Support Rating of
S, indicating that it is fully supporting its classified rating of C.
NPDES Permitted Dischargers. There are 11 dischargers in this sub-basin (NCDWQ
1997). None of the facilities discharge into Bates Creek. Therefore, the project will not
impact any of these facilities.
Non-Point Source Dischargers. Non-point source dischargers contribute to water
problems in sub-basin 02 (NCDWQ, 1997). These sources in the basin include
agriculture, urban/residential, construction, timber harvesting, mining, onsite wastewater
disposal (septic systems), and solid waste disposal.
4. Anticipated Impacts to Water Resources
The use of a box culvert to replace the existing bridge will result in permanent
disturbance to the stream. The box culvert will be approximately 47 feet long for
Alternative 1, Alternative 2 (Preferred), and Alternative 3. To construct the culvert, the
streambed material will be excavated and the culvert placed one foot below the current
streambed level. Use of a bottomless culvert will be investigated if solid rock is present.
Aquatic organisms will recolonize the area.
The removal of material will cause increased sedimentation and siltation downstream.
Siltation adversely affects many aquatic species temporarily, including
macroinvertebrates, fish, and mussels. Additionally, equipment working near the stream
is likely to erode the streambanks, thus increasing erosion and sedimentation. These
impacts are likely to dissipate over time, but adverse affects to water quality can be
expected temporarily.
B-3826 9
Categorical Exclusion
November 2004

r
Impacts to water resources can occur during construction. NCDOT, in cooperation with
NCDWQ, has developed a sedimentation control program for highway projects titled,
Best Management Practices (BMPs) for the Protection of Surface Waters. The following
are some of the standard methods to reduce sedimentation and water quality impacts:
• Strict adherence to BMPs for the protection of surface waters during the life
of the project;
• Reduction and elimination of direct and non-point discharge into the water
bodies and minimization of activities conducted in the water;
• Placement of temporary ground cover or re-seeding of disturbed sites to
reduce runoff and decrease sediment loadings;
• Reduction of clearing and grubbing along stream banks.
5. Impacts Related to Bridge Demolition and Removal
In order to protect the water quality and aquatic life in the area affected by this project,
the NCDOT and all potential contractors will follow appropriate guidelines for bridge
demolition and removal. These guidelines are presented in three NCDOT documents,
entitled: 1)Pre-Construction Guidelines for Bridge Demolition and Removal, 2) Policy:
Bridge Demolition and Removal in Waters of the United States, and 3) Best Management
Practices for Bridge Demolition and Removal. Guidelines followed for bridge
demolition and removal are in addition to those implemented for Best Management
Practices for the Protection of Surface Waters.
The superstructure for Bridge No. 166 is composed of a timber deck on steel I-beams.
The substructure is a combination of timber and concrete. The substructure includes 17
cubic yards of concrete; therefore a maximum of 17 cubic yards of temporary fill could
potentially be dropped in the water during removal. Replacement of Bridge No. 166 with
a double barrel reinforced concrete box culvert will result in permanent fill to Waters of
the United States.
D. Biotic Resources
Biotic resources include aquatic and terrestrial ecosystems. This section describes those
ecosystems encountered in the study area, as well as the relationships between fauna and
flora within these ecosystems. Composition and distribution of biotic communities
throughout the project area are reflective of topography, hydrologic influences and past
B-3826 1 Q
Categorical Exclusion
November 2004

and present land uses in the study area. Dominant flora and fauna observed or likely to
occur in each community are described.
Descriptions of the terrestrial systems are presented in the context of plant community
classifications and follow descriptions presented by Schafale and Weakley (1990) where
possible. Scientific nomenclature and common names (when applicable) are provided for
each animal and plant species described. Plant taxonomy generally follows Radford, et
al. (1968). Animal taxonomy follows Martof, et al. (1980); Menhenick (1991); Potter, et
al. (1980); and Webster, et al. (1985). Subsequent references to the same organism will
include the common name only. Fauna, or evidence of a particular faunal species
observed during the site visit are denoted with an asterisk (*). Published range
distributions and habitat analysis are used in estimating fauna expected to be present
within the project area.
1. Terrestrial Communities
As shown in Figure 4, seven distinct terrestrial communities occur in the Project
Vicinity: • Montane Alluvial Forest, Montane White Oak Forest, Rich Cove Forest,
Successional, Pasture, Agricultural, and Maintained/Disturbed. The boundaries within
the Project Study Area are well defined, without a notable transition zone between them.
Montane Alluvial Forest . The Montane Alluvial Forest occurs on floodplains at
moderate to high elevations. It receives nutrient input from flood-carried sediment.
Forests are often eroded or disturbed by flooding, sometimes frequently enough to cause
the system to remain in early succession. This community type is often influenced by
beavers (Castor canadensis), which create impoundments that develop into early
successional forest.
The canopy of the Montane Alluvial Forest is comprised of Japanese maple (Ater
palamatum), Eastern hemlock (Tsuga canadensis), box elder (Ater negundo), scarlet oak
(Quercus coccinea), and black willow (Salix nigra).
The shrub layer is composed of sapling eastern hemlock, sapling white pine (Pinus
strobes), smooth sumac (Rhus glabra), multiflora rose (Rosa multiflora), and Chinese
privet (Ligustrum sinense). The herb layer is composed of jewelweed (Impatiens
capensis), Christmas fern (Polystichum acrostichoides), asters (Aster sp.), goldenrod
(Solidago sp.), and bamboo (Fargesia sp.) in gaps. The vine layer is quite extensive,
with numerous exotics. The layer includes: grape (Vitis sp.), hog peanut (Amphicarpaea
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November 2004

bracteata), Japanese knotweed (Reynoutria japonica), Japanese honeysuckle (Lonicera
japonica), kudzu (Pueraria lobata), and greenbrier (Smilax sp.).
Wildlife associated with the alluvial forest includes: beaver, gray squirrel (Sciurus
carolinensis), white-tailed deer (Odocoileus virginianus), opossum (Didelphis virginiana)
and raccoon (Procyon lotor). Amphibians and reptiles likely to inhabit this habitat type
include the spring peeper (Hyla crucifer), and snake species such as the northern
copperhead (Agkistrodon contortrix mokasen) and the black rat snake (Elaphe obsoleta
obsoleta).
Avian species using the alluvial forest include: Carolina chickadee* (Pares carolinensis),
American crow* (Corvus brachyrhynchos), turkey vulture* (Cathartes aura), belted
kingfisher (Megaceryle alcyon), Carolina wren (Thryomanes bewickii), song sparrow
(Melospiza melodia), tufted titmouse (Pares bicolor), white breasted nuthatch (Sitta
carolinensis), wild turkey (Meleagris galopavo), ruffed grouse (Bonasa umbellus), blue-
gray gnatcatcher (Polioptila caerulea), and various woodpeckers (Picoides sp.).
Montane White Oak Forest. The Montane White Oak Forest community type is
generally found on exposed slopes, broad ridges and flats, at moderate to high elevations.
They tend to be fairly dry systems. The community is still undergoing a transition since
the decline of the American chestnut (Castanea dentata). It is unknown what the final
forest composition will be.
This community is dominated by white oak (Quercus alba), black walnut (Juglans
nigra.), white pine (Pines strobes), and sassafras (Sassafras albidum). The shrub layer
consists of mountain laurel (Kalmia latifolia), rhododendron (Rhododendron sp.),
American holly (Ilex opaca), and saplings of eastern hemlock, scarlet oak, white pine and
red maple (Ater rubrum). The herb and vine layer is very sparse, with Christmas fern
and greenbrier the major species present.
Wildlife associated with the Montane White Oak Forest includes: gray squirrel, white-
tailed deer, opossum, and raccoon. Amphibians and reptiles likely to inhabit this habitat
type include the spring peeper, and snake species such as the northern copperhead and the
black rat snake.
Avian species using this community type include: Carolina chickadee*, Carolina wren,
song sparrow, tufted titmouse, white breasted nuthatch, wild turkey, ruffed grouse, and
various woodpeckers.
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Rich Cove Forest. The forest area on the slopes surrounding the project is Rich Cove
Forest. This community is found in sheltered, mesic, low to moderate elevation sites,
generally on broad coves and lower slopes. This forest type reproduces by gaps, which
are generally created by windthrow. The forest is naturally uneven aged, but following
logging, many shade intolerant trees maybe present.
The canopy is dominated by white pine, eastern hemlock and Carolina hemlock (Tsuga
caroliniana), with sycamore (Platanus occidentalis), balsam fir (Abies fraseri), and red
maple to a lesser extent.
The shrub layer consists of mountain laurel, American holly, and saplings of white pine,
eastern hemlock, and scarlet oak. The herb layer is fairly sparse, probably due to the
rocky soils and the prevalence of mountain laurel, which shades the forest floor. The
primary species are Christmas fern, a Hexastylis species, and bamboo, which occurs in
gaps. Greenbrier and Chinese privet are present near the road, but do not extend far into
the woods.
Wildlife associated with the Rich Cove Forest includes: white-tailed deer*, gray squirrel,
opossum, and raccoon. Amphibians and reptiles likely to inhabit this habitat type include
the spring peeper, and snake species such as the northern copperhead and the black rat
snake.
Avian species using this community type include: Carolina chickadee*, American crow*,
turkey vulture*, Carolina wren, song sparrow, tufted titmouse, white breasted nuthatch,
wild turkey, ruffed grouse, and various woodpeckers.
Successional. In the Successional area, the shrub layer is composed of multiflora rose,
Chinese privet, smooth sumac, and blackberry bushes (Rubus sp.). In addition, there are
sapling scarlet oak, white pine, tulip poplar (Liriodendron tulipifera), and red cedar
(Juniperus virginiana). The herb and vine layer consists of a variety of grasses, Queen
Anne's Lace (Daucus carota), goldenrod, daisies (Leucanthemum sp.), and Japanese
honeysuckle.
Wildlife associated with the successional area will use the-area for food, shelter, and as a
comdor between other habitat types. Wildlife expected to use the area include: gray
squirrel, white-tailed deer, opossum, groundhog (Marmota monax), eastern cottontail
(Sylvilagus floridanus), and raccoon. Amphibians and reptiles likely to inhabit -this
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November 2004

f
habitat type include the spring peeper, and snake species such as the northern copperhead
and the black rat snake.
Avian species using this community type include: Carolina chickadee*, blue jay
(Cyanocitta cristata), American crow, European starling, Carolina wren, song sparrow,
American robin, and tufted titmouse.
Pasture. The pasture area is composed of a variety of grasses. There are some forbs,
including Queen Anne's Lace, goldenrod, and daisies.
Wildlife associated with the pasture area will use the area for food, shelter, and as a
corridor between other habitat types. Wildlife expected to use the area include: gray
squirrel, white-tailed deer, opossum, groundhog eastern cottontail, and raccoon.
Amphibians and reptiles likely to inhabit this habitat type include the spring peeper, and
snake species such as the northern copperhead and the black rat snake.
Avian species using this community type include: Carolina chickadee, American crow,
European starling, Carolina wren, song sparrow, American robin, blue jay, eastern
bluebird (Sialia sialis), and tufted titmouse.
Agriculture. There are corn and soybeans planted in the small agricultural area located
upstream of the existing bridge.
Wildlife associated with the agricultural area will use the area for food and as a corridor
between other habitat types. Wildlife expected to use the area include: gray squirrel,
white-tailed deer, opossum, groundhog eastern cottontail, and raccoon. Amphibians and
reptiles likely to inhabit this habitat type include the spring peeper, and snake species
such as the northern copperhead and the black rat snake.
Avian species using this community type include: American crow*, European starling
(Sturnus vulgaris), Carolina chickadee*, Carolina wren, song sparrow, American robin,
eastern bluebird, blue jay, and tufted titmouse.
Maintained/Disturbed. 1'he Maintained/Disturbed area includes both residential and
commercial land uses. The residential area includes several houses. The yards are
primarily vegetated in turf grasses. There are a number of planted shrubs and trees such
as black tupelo (Nyssa sylvatica).
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November 2004

The commercial area consists of several buildings for some type of machine shop and the
Bates Creek Baptist Church. The machine shop is surrounded by a gravel parking area.
This area has no habitat for wildlife, although they may use the area as a corridor to move
between community types. Mice (Peromyscus sp.) may use the buildings for shelter, and
avian species such as crows, blue jays, and American robins may occasionally alight on
the buildings. The Bates Creek Baptist Church has similar vegetation to the residential
areas, with most of the area covered with turf grasses.
The wildlife expected in the Maintained/Disturbed area are species from the nearby
communities, including: gray squirrel, white-tailed deer, opossum, groundhog, eastern
cottontail, and raccoon. Amphibians and reptiles likely to inhabit this habitat type
include the spring peeper and snake species such as the northern copperhead and the
black rat snake.
Avian species using this community type include: American crow, European starling
(Sturnus vulgaris), Carolina chickadee, Carolina wren, song sparrow, American robin,
eastern bluebird, blue jay, and tufted titmouse.
2. Aquatic Communities
One aquatic community, Bates Creek, will be
impacted by the proposed project. Bates Creek, at
Bridge No. 166, is approximately 8 feet wide and 1.5
feet deep. Bates Creek flows to the south. The
stream has a Rosgen classification of B 1/2/3
(structural controlled narrow valley with a
predominantly bedrock, bolder, and cobble substrate).
A 60-inch stormwater pipe drains into Bates Creek
just west of Bridge No. 166 (see Photograph 3).
Physical characteristics of the water body and condition of the water resource influence
faunal composition of aquatic communities. Terrestrial communities adjacent to a water
resource also greatly influence aquatic communities.
Fish were observed in the creek. Fauna likely to be associated with the aquatic
community include Minnows (family Cyprinidae) and Blue-gill (Lepomis macrochirus).
The upper part of Bates Creek is on game land and is designated for wild trout. The
North Carolina Wildlife Resources Commission (NCWRC) will require a trout
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November 2004
Photograph 3: A 60-inch
stormwater pipe draining into
Bates Creek.

moratorium from Oct. 15th-April 15th. No work will be performed during the moratorium
period.
3. Anticipated Impacts to Biotic Communities
a. Biotic Communities
Calculated impacts to biotic resources reflect the relative abundance of each community
present within the study area. Project construction will result in clearing and degradation
of portions of these communities. Table 2 summarizes potential quantitative losses to
these biotic communities resulting from Alternative 1 (stage construction upstream),
Alternative 2 (temporary realignment upstream), and Alternative 3 (temporary
realignment downstream). Estimated impacts are derived using the construction limits
shown on the functional designs for each alternative.
Table 2
Anticipated Impacts to Biotic Communities
Community Alternative 1 Alternative 2
Preferred) Alternative 3
Montane Alluvial Forest
(acres) 0.15 0.04 0.07
Rich Cove Forest (acres) 0.65 0.03 0.02
Montane White Oak (acres) 0.43 0 0.11
Successional (acres) 0.47 0.03 0.05
Maintained/Disturbed (acres) 0.77 0.61 0.30
Aquatic Community (acres) 0.01 0.01 0.01
Bates Creek (linear feet) 47 47 47
Tot
l acres 2.48 0.72 0.98
a linear feet 47 47 47
As indicated in Table 2, the impacts of Alternative 2 (Preferred) are the least, followed
by Alternative 3, with Alternative 1 having the greatest impacts to natural resources. The
habitat impacted most will be the Maintained/Disturbed community. Areas modified by
construction, but not paved, will become road shoulders and early successional or
maintained/disturbed habitat.
Plant communities found within the proposed project area serve as nesting and sheltering
habitat for various wildlife species. Due to the size and scope of this project, it is
anticipated that impacts to fauna will be minimal.
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November 2004

b. Aquatic Communities
Aquatic communities are sensitive to even small changes in their environment. All three
alternatives will result in permanent impacts to the aquatic community as the stream
substrate will be removed to place the box culvert. Replacement will result in 0.01 acres
of aquatic community impacts (see Table 2). Impacts were obtained by measuring the
width over the water times the length of the culvert over the water.
Impacts often associated with in-stream construction include increased channelization
and scouring of the streambed. In-stream construction alters the stream substrate and
may remove streamside vegetation at the site.
The removal of streamside vegetation and placement of fill material at the construction
site alters the terrain. Alterations of the streambank increase the likelihood of erosion and
sedimentation.
Minimization Techniques. Implementation of the NCDOT's Best Management
Practices for the Protection of Surface Waters (NCDOT, 1997) will minimize
construction-related sedimentation and erosion and the effects on terrestrial and aquatic
habitats through the use of erosion and sediment control structures that are designed for
the 25-year storm event.
c. Wetland Communities
No jurisdictional wetlands are present within the Project Study Area.
E. Special Topics
1. Waters of the United States
Surface waters and wetlands fall under the broad category of "Waters of the United
States" as defined in Section 33 of the Code of Federal Regulations (CFR) Part 328.3 and
in accordance with provisions of Section 404 of the-Clean Water Act (33 USC 1344).
Waters of the United States are regulated by the US Army Corps of Engineers (LJSACE).
Potential wetland communities were investigated pursuant to the 1987 Corps of
Engineers Wetland Delineation Manual (USAGE, 1987). According to the three-
parameter approach outlined in the manual, hydric soils, hydrophytic vegetation and
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November 2004

prescribed hydrologic characteristics must all be present for an area to be considered a
wetland.
No jurisdictional wetlands are present within the Project Study Area. Soils within the
Project Study Area are disturbed, so a soil sample was not taken. However, there was no
hydrology present other than the stream itself. Hydrophytic vegetation made up 50% of
the dominant vegetation in the Project Study Area.
Bates Creek is a Jurisdictional Surface Water under Section 404 of the Clean Water Act
(33 USC 1344). The biological, physical and water quality aspects of Bates Creek were
presented in the Water Resources Section (under the Natural Resources portion) of this
report. Forty-seven linear feet of stream will be impacted by Alternative 1, Alternative 2
(Preferred), and Alternative 3 (see Table 2). The project cannot be constructed without
infringing on jurisdictional surface waters.
2. Permits
a. Section 404 of the Clean Water Act
Permanent impacts to jurisdictional surface waters (Bates Creek) are anticipated. In
accordance with provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a
permit is required from the USACE for the discharge of dredged or fill material into
"Waters of the United States."
It is anticipated that this project will fall under Nationwide Permit 23 (33 CFR 330.5(a)),
which is a type of general permit. Nationwide Permit 23 is relevant to approved
Categorical Exclusions. This permit authorizes activities, work, and discharges
undertaken, assisted, authorized, regulated, funded or financed in whole, or part, by
another Federal agency and that the activity is "categorically excluded" from
environmental documentation because it is included within a category of actions which
neither individually nor cumulatively have a significant effect on the human environment.
Activities authorized under nationwide permits must satisfy all terms and conditions of
the particular permit.
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November 2004

b. Section 401 Water Quality Certifcation
A Section 401 Water Quality Certification from the North Carolina Division of Water
Quality (NCDWQ) is necessary for projects that require Section 404 Permits. If this
project qualifies under Nationwide Permit 23, the NCDWQ must be notified, however
written concurrence from the NCDWQ is not required.
c. Bridge Demolition and Removal
The bridge superstructure is composed of timber and steel. The bridge substructure is
composed of timber and concrete. Since the substructure is made of timber and concrete,
there is potential for some of this material to be dropped into Waters of the United States.
Permitting will be coordinated such that any permit needed for bridge construction will
address issues related to bridge demolition. If the bridge is to be removed in a fashion
such that there is a practical alternative to dropping bridge components into the water,
that alternative shall be followed.
d. Tennessee Valley Authority
Cherokee County is under the jurisdiction of the Tennessee Valley Authority (TVA).
This project will be reviewed under Section 26a of the Tennessee Valley Authority Act.
The final bridge plans, hydraulic analysis of the effects of the replacement structure on
the 100-year flood elevation, and notice of compliance with the Historic Preservation Act
of 1966 will be forwarded to TVA for approval.
3. Avoidance
Bridge No. 166 will be replaced with a double barrel reinforced concrete box culvert.
The project purpose necessitates traversing Bates Creek; therefore, totally avoiding
surface water impacts is not a practical alternative.
4. Murinuzation
Best Management Practices will be used in an effort to minimize impacts. No
jurisdictional wetlands are present within the ~'roject Study Area.
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November 2004

5. Mitigation
The USACE has adopted, through the CEQ, a wetland mitigation policy which embraces
the concepts of "no net loss of wetlands" and sequencing. The purpose of this policy is to
restore and maintain the chemical, biological and physical integrity of Waters of the
United States, including wetlands. Mitigation of wetland impacts has been defined by the
CEQ to include avoiding impacts, minimizing impacts, rectifying impacts, reducing
impacts over time, and compensating for impacts (40 CFR 1508.20). Each of these three
aspects (avoidance, minimization and compensatory mitigation) must be considered
sequentially. There are no wetland impacts associated with this project. Mitigation is not
expected for any alternative.
The USACE usually requires compensatory mitigation for activities authorized under
Section 404 of the Clean Water Act if unavoidable impacts to Waters of the United States
total more than 0.10 acre of wetlands or 500 linear feet of perennial and intermittent
streams.
The NCDWQ may require compensatory mitigation for activities authorized under
Section 401 of the Clean Water Act if unavoidable impacts to waters of the United States
total more than 0.10 acre of wetlands and/or 1501inear feet of perennial streams.
A final determination regarding mitigation requirements rests with the USACE.
The project purpose necessitates traversing Bates Creek; therefore, totally avoiding
surface water impacts is not a practical alternative.
F. Protected Species
Some populations of fauna and flora have been in, or are in, the process of decline either
due to natural forces or their inability to coexist with human activities.
1. Federally Protected Species
Plants and animals with federal classifications of Endangered (E), Threatened (T),
Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions
of Section 7 and Section 9 of the Endangered Species Act (ESA) of 1973, as amended.
Table 3 includes the federally protected species listed by the USFWS for Cherokee
County as of August 30, 2004. A brief description of each species' characteristics and
habitat follows.
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November 2004

Indiana bat - (Myotis sodalis) -Endanger-ed
Family: Vespertilionidae
Date Listed: March 11, 1967
BIOLOGICAL CONCLUSION NO EFFECT
The Indiana bat is a medium-sized bat with a dull, chestnut colored back and pink to
cinnamon underparts. It is insectivorous, with the males foraging at top tree height, and
females and juveniles foraging near the foliage of riparian and floodplain trees. Both
sexes forage among streamside and floodplain trees. The males also forage over
floodplain ridges and in hillside forests.
Female Indiana bats have summer maternity colonies under loose bark of~dead trees near
streams. The males' summer habitat is not well known, but they are thought to roost in
caves. In late fall, the bats congregate near cave entrances to mate, and then hibernate in
those caves throughout the winter. The total population is estimated to be less than
400,000, and 85 percent of the Indiana bats hibernate in only seven caves.
The species' ..decline is largely attributed to disturbances in the caves where the bats
hibernate. These disturbances are often caused by cavers or vandals. Some hibernacula
have been blocked off or the climate disrupted through blocking the cave entrance. Bat
banding programs and bats as experimental animals may also cause the species' decline.
The bridge was checked for bats on the site visit July 25, 2001. No bats were present.
No suitable dead trees were observed near the stream. Therefore, the project will not
affect the Indiana bat.
~Cu-mberland bean - (Villosa trabalis) -Endangered
Family: Unionidae
Date Listed: June 14, 1976
=BIU-LOGICAL CONCLUSJF'OA1 NO EFFECT
The Cuxriberland bean is a small to medium-sized (up to 2.2 inches long) freshwater
mussel with a relatively thick, elongated oval shell. It has a smooth, shiny, olive green,
yellow-black or blackish outer shell and a bluish white inner shell.
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November 2004

Table 3
Federally Protected Species for Chernkee County

Common Name
Scientific Name
Status Habitat in
Project Study
Area
Indiana bat M otis sodalis Endan ered No
Bo turtle Clemmys muhlenbergii T(S/A) No
Cumberland bean Villosa trabalis Endan ered Yes
Little-wing earl ussel Pe ias fibula Endan ered Yes
Small-whorled ogonia Isotria medeoloides Threatened No
rr naaneereu spectes are m danger of becoming extinct throughout all or a significant portion of their
range.
Threatened species are likely to become endangered within the foreseeable future throughout all or a
significant portion of their range.
# Obscure record, the date and/or location of this observation is uncertain.
~ On November 4, 1997, the northern population of bog turtles (from Maryland to New York) was listed
as threatened. The southern population was listed as threatened due to similarity of appearance
(T(S/A)). This listing bans collection, interstate and international commercial trade in bog turtles, but it
has no effect on private landowners.
The Cumberland bean lives in small rivers and streams in fast rii~les with gravel or sand
and gravel substrate. Impoundments, siltation, channelization, and water pollution are
thought to be major causes for the species' decline. The species is known to inhabit
streams in the Cumberland and Tennessee river basins. No specimens have been
collected in North Carolina, but the habitat is suitable in the Hiwassee River below
Appalachia Dam, and scientists believe that the mussel is likely to occur in that system.
No mussels of any species were observed in the creek. Appropriate habitat does not exist
in the project area because the stream was too small and too high a gradient. Therefore,
the project will not affect the Cumberland bean.
Little-wing pearlymussel - (PeQias fibula) -Endangered
Family: Unionidae
Date Listed: November 14, 1988
BIOLOGICAL CONCLUSION NO EFFECT
The little-wing pearly mussel is a small (1.5 inch) mussel. The outer shell is usually
eroded, making it a chalky or ashy-white color. When it is not eroded, it is light green or
dark yellowish brown, with dark rays spreading across the front.
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November 2004

Little-wing pearly mussels inhabit small to medium, cool streams with moderate to high
gradient and low turbidity. They are generally found in the transition zone between
riffles and pools. Deterioration of water quality, especially from acid mine drainage, is
thought to be a major factor in the species' decline. The little-wing appears to be
especially sensitive to water quality, and has been extirpated from polluted stretches of
stream where the Cumberland-bean (see above) still survives.
No mussels: of any species were observed in the creek. Appropriate habitat does not exist
in the project area because the stream was too small and too high a gradient. Therefore,
the project will not affect the little-wing pearlymussel.
Small-whorled pogon=ia - (Isotria medeoloides) - Threateged
Family: Orchid
Date Listed: November 7, 1994
BIOLOGICAL CONCLUSION NCO EFFECT
Small-whorled pogonia is a 3.7 to 9.8 inch perennial with long, pubescent roots and a
smooth, hollow stem ending in five to six drooping pale green leaves up to 3.1 by 1:6
inches. One or occasionally two yellowish green and :purple flowers grow at the top of
the stem. Flowering occurs from about mid-May to mid-dune, with the flowers only
lasting a few days to a few weeks. The plant does not always flower annually. If
pollination occurs, a 0.8 to 1.4 inch capsule develops.
The plant grows in open, .dry deciduous forests, along wooded slopes and along streams.
It prefers acid soils.
The soils in the project area are acidic. However, no individuals were observed during the
site visits on May 22 or November 8, 2001. Given the extent of disturbance in the
Project Study Area, no suitable habitat exists. Therefore, the project will not affect the
small-whorled pogonia.
Boy Turtle - (Cleurmys inuhle~rberQii) - T(S/A)
Family: Emydidae
Date Listed: November 4, 1997
Table 3 lists the Federal Threatened Species due to Similarity of Appearance (T(S/A)).
These are species that are-not Threatened or Endangered themselves, but are listed to
protect Threatened or Endangered species that maybe difficult to differentiate. These
species are not subject to Section 7.
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November 2004

There is one Federal Threatened Species Due to Similarity of Appearance (T(S/A)), the
bog turtle (Clemmys muhlenbergii), listed for Cherokee County. Directed surveys for the
Bog turtle were not conducted during the site visits, nor was this species observed. There is
no suitable habitat for this species in the project vicinity. Therefore, the project will not
affect the bog turtle.
2. Federal Species of Concern (FSC)
There are fifteen Federal Species of Concern (FSC) listed for Cherokee County. Federal
Species of Concern are not afforded federal protection under the ESA and are not subject
to any of its provisions, including Section 7, until they are formally proposed or listed as
Threatened or Endangered. Federal Species of Concern are defined as those species that
may or may not be listed in the future. These species were formally candidate species, or
species under consideration for listing for which there was insufficient information to
support a listing of Endangered, Threatened, Proposed Endangered or Proposed
Threatened.
Table 4 lists Federal Species of Concern, the species state status and the existence of
suitable habitat for each species in the study area. This species list is provided for
information purposes, as the status of these species maybe upgraded in the future.
Surveys for these species were not conducted during the site visits, nor were any of these
species observed.
Table 4
Federal Sneriac of !`nnnnrn «cr~ r.». r~,o,.,,i,.... l~....~.a~.

Common Name -,
Scientific Name
State Status
Habitat
Vertebrates
Hellbender C tobranchus muhlenber ii T Yes
Junaluska salamander Eu cea 'unaluska SC Yes
Northern pine snake Pituophis melanoleucus
melanoleucus SC Yes
Olive darter Percina s uamata SC Yes
Rafinesque's big-eared
bat Corynorhinus (=Plecotus)
ra roes uii SC Yes
Sicklefin redhorse Moxostoma s SR Yes
Invertebrates
Diana fritillary
butterfl Speyeria diana SR Yes
Hiwassee cra sh Cambarus hiwasseensis SR Yes
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Categorical Exclusion
November 2004

Knotty rocksnail Lithasia christyi NL -
Parrish cra sh Cambarus arrishi NL -
Tennessee clubshell Pleurobema ovi orme SR Yes
Tennessee Heelsplitter+ Lasmigona holstonia E No
Vascular Plants
Hairy bluebe Vaccinium hirsutum C No
Mountain catchfly Silene ovata C Yes
White fringeless
orchid+ Platanthera integrilabia E No
_ ~anaiaate - species whtch are very rare in North Carolina (NC) and throughout their range. These
have a preponderance of their population in NC, and their fate largely depends on conservation here. Also
species which have been extirpated from NC.
E = Endaneered - A species whose viable continued existence is determined to be in jeopardy.
NL =Not Listed
SC = Special Concern - A species which requires monitoring, but which may be collected under specific
regulations.
SR = Sienificantly Rare - A species which has not been listed as Endangered, Threatened, or Special
Concern, but which exists in the state in small numbers and has been determined to need monitoring.
T =Threatened - A species which is likely to become an endangered species within the foreseeable
future throughout all or a significant portion of its range.
+ Last observed in the county more than 50 years ago.
VI. CULTURAL RESOURCES
A. Compliance Guidelines
This project is subject to compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended, and implemented by the Advisory Council on
Historic Preservation's Regulations for Compliance with Section 106, codified as 36 CFR
Part 800. Section 106 requires Federal agencies to take into account the effect of their
undertakings (federally-funded, licensed, or permitted) on properties included in or
eligible for inclusion in the National Register of Historic Places and to afford the
Advisory Council a reasonable opportunity to comment on such undertakings.
B. Historic Architecture
All structures within the Area of Potential Effects (APE) and surroundings were
photographed, and later reviewed by NCDOT architectural historians and staff of the
State Historic Preservation Office (HPO). In a concurrence form dated October 18, 2001
the State Historic Preservation Officer concurred there are no historic architectural
B-3826 25
Categorical Exclusion
November 2004

resources either listed or eligible for listing in the National Register of Historic Places
within the APE. A copy of the concurrence form is included in the Appendix.
C. Archaeology
The State Historic Preservation Officer (SHPO), in a memorandum dated June 7, 2001,
stated "there are no known archaeological sites within the project area." Based on the
SHPO's knowledge of the study area, "it is unlikely that any archaeological resources...
will be affected by the project construction." The SHPO recommends that no
archaeological investigation be conducted in connection with this project. A copy of the
SHPO letter is included in the Appendix.
VII. ENVIRONMENTAL EFFECTS
Summary. The project is a Federal "Categorical Exclusion" due to its limited scope and
lack of substantial environmental consequences. The project is expected to have an
overall positive impact. Replacement of an inadequate bridge will result in safer traffic
operations. The bridge replacement will not have an adverse effect on the quality of the
human or natural environment with the implementation of current NCDOT standards and
specifications. On the basis of information included in this document, it is concluded that
no substantial adverse environmental effects will result from implementation of the
project.
Land Use Planning. Cherokee County does not have any land use plan or zoning
regulations. Therefore, the project is not in conflict with any plan, existing land use, or
zoning regulation. No change in land use is expected to result from construction of the
project.
Community Services and Facilities. No adverse effects on public facilities or services
are anticipated. The project is not expected to adversely affect social, economic, or
religious opportunities in the area.
Relocations. No relocatees or relocations are expected with the implementation of
Alternative 2 (Preferred Alternative).
8-3826 2C
Categorical Exclusion
November 2004

Utilities. Major existing utilities within the immediate project study area include a
sanitary sewer line and telephone lines. All utility providers will be contacted and
coordinated with to ensure that the proposed design and construction of the -project will
not disrupt service.
Section 4(fl Resources. There are no publicly owned pazks, recreational facilities, or
wildlife and waterfowl refuges of national, state, or local significance in the vicinity of
the project. This project does not require right-of--way acquisition or easement from any
land protected under Section 4(f) of the Department of Transportation Act of 1966.
Air Ouality. This project is an air quality "neutral" project. Therefore, it is not required
to be included in the regional emission analysis and a project level carbon monoxide
analysis is not required.
The project is located in Cherokee County, which has been determined to be in
compliance with the National Ambient Air Quality Standards. 40 CFR Part 51 is not
applicable, because the proposed project is located in an attainment area. This project is
not anticipated to create any adverse .effects on the air quality of this attainment azea.
If vegetation is disposed of by burning, all burning shall be done in accordance with
applicable local laws and regulations of the North Cazolina SiP for air quality in
compliance with 15 NCAC 2D.0520.
This -evaluation completes the assessment requirements for air quality (1990 CAAA and
NEPA) and no additional reports are required.
Noise. Because traffic volumes will not increase or decrease because of this project and
there are no noise sensitive receptors located in the immediate azea of this project, no
noise impacts attributable-to this project aze expected.
Noise levels can increase .during construction, but this increase will be temporary. Heavy
construction equipment and blasting operations (if required) will generate noise and
vibration.
The NCDOT may also monitor construction noise and require abatement where limits aze
exceeded.
This evaluation completes the assessment requirements for highway traffic noise
(23 CFR Part 772) and no additional reports are required.
B-3826 27
Categorical Exclusion
November 2004

Hazardous Materials. Afield reconnaissance survey was conducted in the vicinity of
the existing bridge. A file search at the North Carolina Department of Environmental and
Natural Resources, Division of Environmental Management, Groundwater Section and
the NC Dept of Human Resources, Solid Waste Management Section was conducted to
identify any known problem sites along the proposed project alignment. No underground
storage tank facilities or hazardous waste sites are known to be present in the Project
Study Area.
Prime and Imaortant Farmland. The Farmland Protection Policy Act requires all
federal agencies or their representatives to consider the potential impacts to prime and
important farmland soils by all land acquisition and construction projects. Prime and
important farmland soils are defined by the United States Department of Agriculture
Natural Resources Conservation Service (USDA NRCS). An assessment was completed
using Form AD 1006 to determine if the project's impact on Prime and Important
Farmland would require consideration of mitigation. This project was not submitted to
NRCS for land evaluation due to the low site assessment criteria score. The completed
form is included in the Appendix.
Floodalains. Bates Creek is not included in the Cherokee County Flood Insurance
Study.
Geodetic Survev Markers. No geodetic survey markers will be impacted.
Environmental Justice. In compliance with Executive Order 12898 (Federal Actions to
Address Environmental Justice in Minority Populations and Low Income Populations) a
review was conducted to determine whether minority or low-income populations would
receive disproportionately high and adverse human health or environmental impacts as a
result of this project. The investigation determined the project will not disproportionately
impact any minority or low-income populations.
VIII. AGENCY COORDINATION
Local, state, and federal agencies were contacted to provide technical assistance in
identifying the key issues and potential impacts associated with the proposed project with
scoping letters mailed on June 1, 2001.
B-3826 28
Categorical Exclusion
November 2004

Agency Comments
Agency comments are summarized below. Letters from the commenting agencies are
included in the Appendix.
North Carolina Wildlife Resource Commission (NCWRC)
Comment:
"The upper portion of Bates Creek is on gamelands and is designated wild trout. Trout are also likely
below the bridge replacement. We will require a trout moratorium from Oct. 1 S`~-April l S`~. NCDOT
should adhere to strict erosion control measures. "
Response: See Green Sheet for commitments.
Comment:
"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 allow for human and wildlife passage beneath the structure, does not block fish
passage, and does not block navigation by canoeists and boaters. "
Response: The proposed culvert will be buried to allow fish passage. Human passage is
not required. The stream is too narrow and shallow for canoeists or boaters to use. This
stream crossing is located in a developed area. The double barrel culvert and the shallow
nature of the stream will allow for wildlife passage. The culvert will be less than 150
linear feet in length; therefore, mitigation is not expected for this project.
Comment:
"Culverts or pipes should be situated so that no channel realignment or widening is required.
Widening of the stream channel at the inlet or outlet ojstructures usually causes a decrease in
water velocity causing sediment deposition that will require future maintenance. "
Response: No channel realignment or widening is expected with this project.
United States Fish and Wildlife Service (USFWS)
Comments:
There are numerous records of sicklefin redhorse, a Species of Federal Concern, in many streams
in the vicinity of this bridge. The stream should be sampled for this species and any new bridge
should not alter habitat or passage for this species.
B-3826 29
Categorical Exclusion
November 2004

Response: The NCDOT will sample Bates Creek for the sicklefin redhorse before project
letting. However, because the sicklefin redhorse is not a federally protected species, a
sample is not required for this Categorical Exclusion. This commitment also is listed on
the Green Sheet. The proposed culvert will be buried for passage.
B-3826 3Q
Categorical Exclusion
November 2004

NORTH CAROLINA TIP NO.
DEPARTMENT OF
TRANSPORTATION B 3826
CHEROKEE COUNTY SR 1331 `
(HANGING DOG ROAD)
)GE N0.166 OVER BATES CREEK
PROJECT LOCATION
MAP
FIGURE 1

era
IYWHERE GUARDRAIL REQUIRED
m Trrs urF
TYPICAL SECTION NO 7
ALTERNATES 1, 2, 8 3 -Final Roadway
MOf6 Udilaln sx/d/ny shoiddsr fipn -L- Syn. ld00 to 1h50 LT.
L
B'WHERE GY/sIRL7RA/L RELY//RED
TYPICAL SECTION N0.2
ONE LANE DETOUR SR 1331
ALT. 2 (Pm/em9d Altema6vp)
L
=~IYHERE GY/ARGI4.NL RELY//RED
_TYPICAL SECT~N N0.3
T R 1' 1
ALT. 3

3
2
a
a
tti
N
m
h
NORTH CAROLINA TIP NO.
DEPARTMENT OF
TRANSPORTATION B 3826
CHEROKEE COUNTY SR 1331
(HANGING DOG ROAD)
RIDGE N0.166 OVER BATES CREED
TYPICAL SECTIONS
FIGURE 2

r

~y V
COUNTY CHEROKEE ~`~~ Eastern Band of
COUNTY Cherokee Indians
AREA NOT INCLUDED
C~ ~/~
~~
/ ~~ .20NE .~0p~'~
~'~ ZONE1` ZONE X
/ Y „ \
~' Eastern Band of ~r /
Cherokee Indians ,f!
ANI _, ~~
,.-~~~,! c 1 n
~/ ,~
CZ`2/ ~ '"
Site ~~ 4 ( r
s~.
a ~
t Y 4' ~ • A
1126 _tp ``~ /~is~'~~:.:__°~--'„ „'~~_ •.""'
4 _~-•
r .
y' i t.
ONE X "" ~ ~ , ~~ opt'
,•,` F
.".
a ,,~
ds` .
L,2 ~~~.•.~.•.•.4.: ~ '.
+~.,:
- APPROXIMA7~E SCALE IN FEET
Y71M~1 F1011 M1M1NC[ 111MM1 2000 O 2000
FIRM
FlA1D NSUNANCE RAiE MA1
CHEROKEE COUNTY,
NORTH CAROLINA
(UATNCORPURA7EU !Utl:AS)
PMIEt t2s a 100
capuuatr•rulEt Iletnpl
370159 tl15 t
EFFECTIME p1iE:
'~1 FEIIUARY I. 19N
PtlW 6lggM~,~,yrxy
' NORTH CAROLINA TIP HO.
DEPARTMENT OF FEMA FLOOD
TRANSPORTAT7011( B-3826
CHEROKEE COUNTY SR 1331 ~P
(HANGING DOG ROAD) FIGURE 5
BRIDGE N0.166 OVER BATES CREEK

t
•
i ~ I
d~a SWto~
rK
I„y-
•~ Pw, /~
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
Michael F. Easley, Governor Division of Archives and History
Lisbeth C. Evans, Secretary Jeffrey J. Crow, Director
June 7, 2001
Suzanna Spence
PBS&J
3214 Spring Forest Road
Raleigh NC 27616
Re: Bridge replacement, TIP No. B-3826, Cherokee County, ER Ul -9490
Deaz Ms. Spence:
We have received inforrnation about the above project.
In terms of historic architectural resources, we are aware of o structures located within the general
project area. We recommend that a historic architecture survey be conducted for this project.
There are no known archaeological sites within the project area. Based on our knowledge of the
area, it is unlikely that any archaeological resources, which may be eligible for inclusion in the
National Register of Historic PLzces, will be affected by the project construction. We, therefore
recommend that no archaeological investigation be conducted in connection with this project.
The above comments are made pursuant to Section lOG 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.
Sincerely, II'' ,~~~~~
~~~~~:~~~fi~.
David Brook
Deputy State Historic Preservation Officer
DB:kgc
Administration
Restoration
Survey & Planning
Location
507 N. Blount St, Raleigh, NC
51 S N. Blount St, Raleigh , NC
S t S N. Blount St, Raleigh, NC
Mailing Address ?elephone/Fa=
4617 Mail 5erviee Center, Raleigh 27699-4617 [phone].733.8653
4b13 Mail Service Center, Raleigh 27699-4613 [phone].715-4801
4618 Mail Service Center, Raleigh 27699-4618 [phone].715-4801

~,
F~cderul Aid r BRZ-1.131(5)) TIP # $-3826 Courtly: Cherokee '
CONCl7RRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR
THE NATIONAL REGISTER OF HISTORIC PLACES
Prcject Description: Replace Bridge No. 156 on SR 133 i over Bates Creek
On 10' 18101, representatives of the
~, North Carolina Department of Transportation (NCDOT)
(~/ Federal Ilighway Administra[ion (FHWA)
North Carolina State Historic Preservation Office (I-IPO)
^ Other
Reviewed the subject project at
^ / Scoping meeting
~/ Historic architectural resources photo4raph review session/consultation
^ Other
All parties present agreed
^ There are no properties over fifty years old within the project's area of potential effects.
'There are no properties less than fifty years old which are considered to meet Criteria Consideration G within the
project's area of potential effects.
[~ There are properties over fifty years old within the project's Area of Potential Effects (.APE), but based on the
historical infoation available and the photographs of each property, properties identified as
are considered not eligible for the National Register and no further evaluation
of the is necessary.
[~ T'here are no National Register-listed or Study Listed properties within the project's area of potential effects.
^ ~# 11 properties greater than 50 years of age located in the APE have been considered at this consultation, and based
upon the above concurrence, all compliance for historic architecture with Section 106 of the National Historic
Preservation Act and GS 121-12(a) has been completed for this project.
There are no historic properties affected by this project. (Attach any' notes ur documents us needect~
Signed:
1D• t
Representative, CDO Date

F'Hl~'A, for the Division Administrator. or other Federal A~~ency Uate

Representative, HPO Date

State Historic Preservation Ofticer
If a survey report is prepared, a final copy of this form and the attached list will be included.

• '
~j~d or SL1}'j o~
N n,,. r
fw..
North Carolina Department of Cultural Resources
State .Historic Preservation Office
David L. S. Brook, Administrator
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
June 7, 2001
Suzanna Spence
I'BS&)
3214 Spring Forest Road
Raleigh l~?C 27G 1 G
Re: Bridge replacement, TIP No. B-382b, Cherokee County, ER 01-9490
Dear Ms. Spence:
We have received information about the above project.
Division of Archives and History
Jeffrey J. Crow, Director
In terms of historic architectural resources, we are aware of o structures located within the general
project area. We recommend that a historic architecture survey be conducted for this project.
There are no known archaeological sites within the project area. Based on our knowledge of the
area, it is unlikely that any archaeological resources, which may be eligible for inclusion in the
National Register of Historic Places, will be affected by the project construction. Vile, therefore
recommend that no archaeological investigation be conducted in connection with this project.
The above comments are made pursuant to Section l OG of the National Historic Preservation .Act
and the Advisory Council on Historic Presen ation's Regulations for Compliance with Section 106
codified at 3G 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.
Sincerely,
~~~
David Brook
Deputy State Historic Preservation C)fficer
DB:kgc
Location Mailing Address TelephoneJFex
Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4b17 [phone] •?33-8b53
Restoration Sl S N. Blount St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 (9l9) 733-6547.715-4801
Survey & Planning S l5 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618 (9l9) 733-4763.715-4801

Federal Aid ~ BRZ-l.i3l(5j) TfP.# I3-3826 Cvunrn: Cherokee
CONCURRENCE FORM FOR PROPERTIES NOT ELIClBLE FOR
. THE NATIONAL REGISTER OF HISTORIC PLACES
Prvjccr Description: Replace Bridge No. 156 on SR 1331 over Bates Creek
On 10; i 8/01, representatives of the
Q~ North Carolina Department of Transportation (NCDOT)
[~ Federal hlighway Administration (FHWA)
o North Carolina State Historic Preservation Office (HPO)
Other
Reviewed the subject project at
ural resources photograph review sessiorvconsultation
^ Other
All parties present agreed
^ There are no properties over fifty years old within the project's area of potential effects.
Scoping meeting
®,/ Historic architect
"There are no properties less than fifty years old which are considered to meet Criteria Consideration G within the
project's area of potential effects.
There are properties over fifty years old within the project's Area of Potential Effects (APE), but based on the
historical information available and the photographs of each property, properties identified as
'~ _ are considered rtot eligible for the National Register and no further evaluation
of the is necessary.
There are no National Register-listed or Study Listed properties within the project's area of potential effects.
^ roll properties greater than 50 years of age located in the API' have been considered at this consultation, and based
upon the above concurrence, all compliance for historic architecture with Section 106 of the National Historic
Preservation Act and GS 121-12(a) has been completed for this project.
[~ There are no historic properties affected by this project. (.4ltarh any notes ar documents us needed)
Signed:
Representative, CDO Date
FI-1VvA, for the Drvrs~on Admm~strator, or other Federal Agency ///Date
G' ~ ~ /'
/D-I~ ~U
Representattve, HPO Date
State Fistoric Preservation Officer
~~

If a survey report is prepared, a final copy of this li~rnt and the attached list will be included.

__ _ --__
U.S. DEPARTMENT OF AGRICULTURE MRCS-CPA-106
Natural Resources Conservation Service tRev. 1-9r1
FARMLAND CONVERSION IMPACT RATING
FOR CORRIDOR TYPE PROJECTS
PART 1 {To be completed by Federal Agency) 3. Date of Land Evaluation Request sneer t ~i 1
~. Name of Project 8-3826 5. Federal Agency Involved
Federal Hinhwav Administration
~. Type of Project 13tydge Replacement 6. County and Stale Cherokee, North Carolina
PART it (7o be completed by NRCS) 1. Date Request Receivedby TJF:CS 2. Person Completing Form
3. Does the corridor contain prime, unique. statewiae or local imporlanffarmlarttl? YES ^ NO ^
(If no, the FPPA does not ripply - Do not complete addltionalpads otthis form.)., 4: Acres Irrigated Average Farm ize
3. Major Crop(s)
6. Farriiable Lartd:in Govemment Jurisdittiiiri '
Acrea; q,
7.-Amount afi Farmland As Defined in. FPPA
Aew.a; •~
8. Name OI Land EvalualiorrSystem Used g. Name of Locaf Site AssessmenESystem T0: Dale Land Evalt:ation Relum'ed by MRCS
PART III (To be completed by Federal Agency) Alternative Corridor For Segment
Corridor A Corridor B Corridor C Corridor D
A. Total Acres To Be Converted Directly
8 Total Acres To Be Converted Indirectly, Or 7o Receive Services
C. Total Acres In Corridor 0 0 0 0
PART IV (To be completed by MRCS) Land Evaluation lnformatlolt - -
A. TotaiActes Prime And UntgUe Farmland
B. TotalAores StatewideAnd Local lmportanf Farmlantl;
C. Percentage Oi Farmland Iti County Or Local Govt.'CJnlt'7o, fie Converted
D. Percentage Of Farmland i» Govt. Jurisdiction Wtth Same'Or tiignorRelatfve Value
PART V (io be corrrpleted by NRCS) Land Et+aluation htfomtativn Crtterion Re/aEitne
value. of Farmland to i88 Serviced or Converted Scale of 0 - 900 Points
PART VI (To be completed by Federa/Agency) Corridor
Assessment Criteria (These criteria are explained in 7 CFR ti58.5{c)) Maximum
Points
~. Area in Nonurban Use 15 15
2. Penmeter in Nonurban Use 10 10
3. Percent Of Corridor Being Farmed 20
4. Protection Provided By State And Local Government 20
5. Size of Present Farm Unit Compared To Average 10
6. Creation Of Nonfarmable Farmland 25
7. Availabiilit Of Farm Su ort Services 5 5
8. On-Farm Investments 20
9. Effects Of Conversion On Farm Su rt Services 25
10. Compatibility Wilh Existing Agricultural Use 10
TOTAL CORRIDOR ASSESSMENT POINTS 160 30 0 0 0
PART VII (To be completed by Federal Agency)
Relative Value Of Farmland (From Part V) 100
Total Corridor Assessment (From Part VI above or a bcal site
assessment)
160
30
0
0
0
TOTAL POINTS (Total of above 2 lines) 260 30 0 0 0
1. Corridor Selected: 2. Total Acres of Farmlands to be
Converted by Project: 3. Dale Af Selection: 4. was A Local Site Assessment Used?

YES ^ NO ^
5. KeaSOn her S818Ction:
Signature of Person Completing this Part: ,DATE
t
NOTE: Complete a form for each segment with more than one Alternate Corridor

Spence, Suzanna A. •
From: Gurak, Jill S
Sent: Tuesday, July 24, 2001 2:44 PM
To: Galamb, Eric E; Spence, Suzanna A.
Cc: Davis, James C; Drum, Steve A
Subject: USFWS comments: Group 33 Bridge Replacements
-----Original Message-----
From: Marella_Buncick~fws.gov [mailto:[e-mail]
Sent: Tuesday, July 24, 2001 2:26 PM
To: relmore~dot.state.nc.us
Cc: jlwilliams®dot.state.nc.us; Marella_Buncick®fws.gov;
Mark_A_Cantrell®fws.gov; haggardme®surry.net
Subject: Group 33 Bridge Replacements
Ron,
I spoke with John Williams yesterday regarding the Group 33 Bridge
Replacement Projects and he asked me to a-mail you with any particular
concerns. As a part of our changes to the review process for bridge
projects, we are soon to start reviewing bridge replacements with the
complete environmental/natural systems report in hand. Apparently this
group is one of the last to be sent out before the natural systems
report
is completed. Rather than submit the standard comments in a formal
letter,
I'll provide the specific comments I have via a-mail. I'm assuming
that
when all the natural systems work is completed and there is some clue
about
replacement structures and alignments, the agencies will have the
opportunity to review these again.
I have reviewed all of the projects using GIS information. Of the to
bridge replacements included in this group, I have specific comments
about
4 of them.
8-3814, Burke Co. over Canoe Creek- There are records of dwarf-flowered
heartleaf close enough that surveys should be conducted. Additionally,
there are populations of freshwater mussels in some larger streams in
the
near vicinity. Canoe creek should be evaluated and surveyed if suitable
habitat for mussels exists.
B-3818, Caldwell Co. over Lost Cove Creek- This is a trib to Wilson~s
Creek, a newly designated Wild and Scenic River. Close coordination
with
the USFS will be necessary to maintain the qualities for which this
river
was designated.
B-3826, Cherokee Co. over Bates Creek - There are numerous records of
sicklefin redhorse, a Species of Federal Concern, in many streams in the
vicinity of this bridge. The stream should be sampled for this species
and
any new bridge should not alter habitat or passage for this species.
B- 3859, Jackson Co. over Pressley Creek - The Tuckasegee river near
Cullowhee to west of Sylva is proposed critical habitat for the
1

.Appalachian
elktoe. Tributaries should be evaluated for suitable habitat and
disturbance in tributaries should be evaluated for potential effects to
this species in the mainstem of the river.
In addition to the specific comments, the consultant will need to
evaluate
all species included on the county species list for each project. I
believe that they already have the lists for all counties but I can
provide
lists, if needed. If you have any questions about these comments,
please
let me know and we can talk.
marella buncick
USFWS
160 Zillicoa St.
Asheville, NC 28801
828-258-3939 ext 237
2

.~
_ ~ _ Nort . Carolina Wildlife_Resources Commission
Charles R. f~ull~r•ood, Executise Director
TO: Ran Elmore
Project Engineer, NCDOT
FROM: Maryellen Haggard, Highway Project Coordinator
Habitat Conservation Program ~~~r~ /~d,,,.,~
DATE: June 27, 2001
SUBJECT: NCDOT Bridge Replacements in Buncombe, Burke, Caldwell, Cherokee,
Davidson, Haywood, Jackson, and Madison counties of North Carolina. TIP Nos.
B-4033, B-3814, B-3818, B-3826, B-3834, B-4095, B-3854, B-3859, B-3860, and
B-4184
Biologists with the N. C. Wildlife Resources Commission (NCWRC) have reviewed the
information provided and have the following preliminary comments on the subject project. Our
comments are provided in accordance with provisions of the National Environmental Policy Act
(42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 441, as amended; 16
U.S.C. 661-667d).
On bridge replacement projects of this scope our standard recommendations 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. Wet concrete should not be allowed to contact stream water. This will lessen the
chance of altering the stream's water chemistry and causing a fish kill.
4. If possible, bridge supports {bents) should not be placed in the stream.
5. If temporary access roads or detours are constructed, they should be removed back to
original ground elevations immediately upon the completion ofthe project. Disturbed
~lailint; Address: Di~•i:ion tit Inlar~ F~i<i~rirs • I ~? I ~`l.ui ~li'CICI C~~:;trr • i~.~Iri.~h, Nth _'?(,9~)_ I'~ 1

Bridge Memo "l June 27, 2001
areas should be seeded ar 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.
b. A clear bank (riprap free) area of at least 10 feet should remain on each side of the
stream 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, NCDOT biologist Mr. Tim
Savidge 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.
11. Sedimentation and erosion control measures sufficient 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 I S days of ground disturbing activities to 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.
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.
1 b. All mechanized equipment operated near surface waters should be regularly
inspected and maintained to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids, or other toxic materials.

Bridge Memo ` 3 ~ June 27, 2001
If corrugated metal pipe arches, reinforced concrete pipes, or concrete box culverts are
used:
The culvert must be designed to allow for fish passage. The culvert or pipe invert
should be buried at least 1 foot below the natural streambed. The installation of the
culvert or pipe should insure that all waters flow without freefalling or damming on
either end during lvw flow conditions. If culverts are long, notched baffles should be
placed in reinforced concrete box culverts at I S foot intervals to allow for the
collection of sediments in the culvert, to reduce flow velocities, and to provide resting
places for fish and other aquatic organisms moving through the structure.
2. When two pipes are installed, only the lower pipe should be buried 12" into the
substrate so that all base flows continue uninterrupted in the lower pipe during normal
and low flow conditions to maintain aquatic life passage. The bottom of the second
pipe should be placed at grade or at bankfull elevation. The second pipe should
remain dry during normal flows to allow for wildlife passage. Where disrupted,
natural floodplain benching should be restored upstream and downstream of the
second, "dry", pipe.
3. Culverts or pipes should be situated so that no channel realignment or widening is
required. Widening of the stream channel at the inlet or outlet of structures usually
causes a decrease in water velocity causing sediment deposition that will require future
maintenance.
4. Riprap should not be placed on the streambed.
In most cases, we prefer•the replacement of the existing structure at the same location
with road closure. ff 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. 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.
Project specific comments:
1. B-4033 -Buncombe County -Bridge No. 85 over Hominy Creek. We have no specific
comments. We aze not aware of any threatened of endangered species in the project vicinity.
2. B-3814 -Burke County -Bridge No. 56 over Canoe Creek. Canoe Creek at the bridge
replacement is in a designated water supply watershed. NCDOT should adhere to strict
erosion control measures.
3. B-3818 -Caldwell County -Bridge No. 3 over Lost Cove Creek. First class trout waters
with wild populations of brown and rainbow trout present in both Lost Cove Creek and
downstream in Wilson Creek. The area is designated Public Mountain Trout Water. We will
require a trout moratorium from Oct. 15a' - Apnl ] S~'. We request that High Quality

•, Bridge Memo ~ 4~ ~ June 27, 2001
Sedimentation and Erosion Control Measures be used due to the DWQ water quality
classification of ORW (Outstanding Resowce Waters).
4. B-3826 -Cherokee County -Bridge No. 166 over Bates Creek. The upper portion of Bates
Creek is on gamelands and is designated wild trout. Trout are also likely below the bridge
replacement. We will require a trout moratorium from Oct. 15~' -April 15ei. NCDOT should
adhere to strict erosion control measures.
5. B-3834 -Davidson County -Bridge No. 156 over Hanks Creek. No comment.
6. B-4095 -Davidson County -Bridge No. 130 over Abbotts Creek This Creek flows into
High Rock Lake. Abbott Creek supports a diverse fishery including Largemouth bass,
redbreast sunfish, bluegili, channel catfish, and crappie. White Bass make a seasonal spring
run up the creek to spawn. We request that High Quality Sedimentation and Erosion Comrol
Measures be used due to the DWQ water quality classification of WS-III CA.
7. B-3854 -Haywood County -Bridge No. 329 over Jonathon Creek. Jonathon Creek is
designated hatchery supported water. Therefore, Brook, Brown and Rainbow Trout will be
present. We will require a trout moratorium from Oct. 15s' -April 15`x'. NCDOT should
adhere to strict erosion control measures.
8. B-3859 -Jackson County -Bridge No.138 over Pressley Creek. The upper section of a
tributary to Pressley Creek is on game lands and supports wild trout. The lower end of
Presley also supports wild trout. Hatchery supported water begins at the confluence with
Cullowhee Creek. It looks like this bridge is actually over Tilley Creek. Tilley Creek is
considered trout waters. We will require a trout moratorium from OcL. 15~' -April 1 S~'.
NCDOT should adhere to strict erosion control measures.
9. B-3860 -Jackson County -Bridge No. 33 over Buff Creek. Upper sections of the creek
support wild trout. The lower section is designated Hatchery Supported. We will require a
trout moratorium from Oct. 15s' -April I5's. NCDOT should adhere to strict erosion control
measures.
10. B-4184 -Madison County -Bridge No. 4 over Ivy River. We have no specific comments.
We are not aware of any threatened of endangered species in the project vicinity.
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.
ff you need further assistance or information on NCWRC concerns regarding bridge
replacements, please contact me at {336) 527-1549. Thank you for the opportunity to review and
commeYrt on these projects.

t
CHEROKEE COUNTY
?5 Peachtree Street
Murphy, North Carolina 28906
[phone] (828) 83?-9684
Commissioners
Barbara Vicknair
Dana Jones
Ernesc Jones
June $, 2001
William D. Crilmore, P.E., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Crilmore:
~:
~,.,
County Manager
Randy D. Wiggins
County Attorney
R. Scott Lindsay
/E,v~o
~-
JAN 18 ?~n~ "'~
:r
~ `a!'~
~ M ~~~g;'
BEN A t~~P~~~
The Cherokee County Commission does not foresee any negative or adverse impacts that
would result from the bridge replacement project for Bridge number 1661ocated on SR
1331 {Hanging Dog Road over Bates Creek -TIP Number B-3826).
Cherokee County appreciates the continued efforts of DOT to address and improve traffic
safety and infrastructure issues in our County.
Sincerely,
~~~~ ~~
Barbara P. vckaair, Chairman
Cherokee County Commission
~'

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