20091220 Ver 1_Application_20091112

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U. S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION ?,y
BEVERLY EAVES PERDUE EUGENE A. Co*JR.
GOVERNOR SECRETARY
November 3, 2009
ATTN: Mr. David Baker
NCDOT Coordinator
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Subject: Application for Section 404 Nationwide Permits 23 & 33 for the
proposed replacement of Bridge No. 70 over the Cheoah River on SR
1134 (Joyce Kilmer Road) in Graham County, Federal Aid Project No.
BRZ-1134(1); Division 14; WBS Element 32998.1.2; TIP No. B-3335.
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge
No. 70 over the Cheoah River on SR 1134 (Joyce Kilmer Road) in Graham County.
There will be 0.32 acre of temporary surface water impacts, 0.03 acre of permanent
wetland impacts, and 0.11 acre of temporary wetland impacts for the project. The existing
bridge will be utilized as an onsite detour during construction of the new bridge. NCDOT
proposes no mitigation due to minimal permanent impacts from the project.
Please see enclosed copies of the Pre-Construction Notification (PCN), Approved
Jurisdictional Determination Form, Stormwater Management Plan, U.S. Fish and Wildlife
Service Concurrence Letter, permit drawings and roadway plan sheets for the above-
referenced project. The Categorical Exclusion (CE),was completed in January 2009 and
was distributed shortly thereafter. Additional copies dire available upon request.
This project calls for a letting date of June 15, 2010 and a review date of April 27, 2010,
however; the Let Date may be advanced; if funding becomes available.
This Project is located in a trout county; therefore comments from the North Carolina
Wildlife Resources Commission (NCWRC) will be required prior to authorization by the
Corps of Engineers. By copy of this letter and attachment, NCDOT hereby requests
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NCWRC Review. NCDOT requests that NCWRC forward their comments to the Corps
of Engineers and the NCDOT within 30 calendar days of receipt of this application.
Thank you for your assistance with this project. If you have any questions or need additional
information, please contact Mr. Jeffrey Hemphill [phone].
Sincerely,
Gregory J. Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
W/attachment:
Mr. Brian Wrenn, NCDWQ (2 Copies)
Ms. Marella Buncick, USFWS
Ms. Marla Chambers, NCWRC
Dr. Charles Nicholson, TVA
W/o attachment (see website for attachments):
Dr. David Chang, P.E., Hydraulics
Mr. Victor Barbour, P.E., Project Services Unit
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. Joel Setzer, P.E., Division Engineer
Mr. Mark Davis, DEO
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
Mr. John Williams, P.E., PDEA Planning Engineer
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
la. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 23 33 or General Permit (GP) number:
tc. Has the NWP or GP number been verified by the Corps? ? Yes ® No
Id. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
® Yes ? No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Replacment of Bridge 70 over the Cheoah River. on SR 1134
2b. County: Graham
2c. Nearest municipality / town: Robbinsville
2d. Subdivision name: not applicable
2e. NCDOT only, T.I.P. or state
project no: B-3335
3. Owner Information
3a. Name(s) on Recorded Deed: North Carolina Department of Transportation
3b . Deed Book and Page No. not applicable
3c. Responsible Party (for LLC if
applicable): not applicable
3d . Street address: 1598 Mail Service Center
3e . City, state, zip: Raleigh, NC 27699-1598
3f. Telephone no.: [phone]
3g . Fax no.: [phone]
3h . Email address: [e-mail]
Page 1 of 11
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name: not applicable
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: not applicable
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
B. Project Information and Prior Project History
f. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): not applicable
1b. Site coordinates (in decimal degrees): Latitude: 35.40347 Longitude: - 83.87155
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 4.7 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Cheoah River
proposed project:
2b. Water Quality Classification of nearest receiving water: C:Tr
2c. River basin: Little Tennessee
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Forested - rural residential
3b. List the total estimated acreage of all existing wetlands on the property:
0.14
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
788
3d. Explain the purpose of the proposed project:
To replace a structurally deficient bridge.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project involves replacing a 161-foot bridge with a 210-foot, 3-span bridge on a new allignment 50 feet upstream
utilizing the existing bridge as an onsite detour. Standard road building equipment, such as trucks, dozers, and cranes will
be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property
I
project (including all prior phases) in the past? ® Yes ? No ? Unknown
Comments: A Corps rep visited the site On June 16, 2005 but
a tearsheet was not issued to the consultant.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary [D Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Earth Tech, Inc.
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
June 16, 2005
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ®No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 3 of I 1
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. . 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non404, other) (acres)
Temporary T
W1 ®P ? T Fill Riparian ? Yes
® No ® Corps
? DWQ 0.03
W2 ? P ® T Fill Riparian ® Nos ® Corps
? DWQ 0.11
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.03 Permanent
0.11 Temporary
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of Average Impact length
number - (PER) or jurisdiction stream (linear feet)
Permanent (P) or intermittent (Corps - 404, 10 width
Temporary (T) (INT)? DWQ-non-404, (feet)
other)
S1 ? P ®T Causeways Cheoah River ® PER
? INT ® Corps
? DWQ 120 248
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 0.32
248 Tem
mp
3i. Comments:
Page 4 of 11
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number- waterbody Type of impact Waterbody type Area of impact (acres)
Permanent (P) or (if applicable)
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts X Permanent
X Temporary
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond Excavat
Flooded Filled ed Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 5 of 11
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require miti gation, then you MUST fill out Section D of this form.
6a.
? Neuse
?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The existing bridge will be utilized as an onsite detour. NCDOT will implement the conditons of the USFWS Concurrence
Letter issued July 11, 2008.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Stormwater runoff will be treated with natural vegetation as much as practical. In a letter dated June 30, 2005, the North
Carolina Wildlife Resource Commission (NCWRC) stated that no moratoriums were being requested for this project and
email correspondence with NCWRC from July 9, 2008 confirmed this assessment. The North Carolina Division of Water
Quality (NCDWQ) has designated the Cheoah River as trout waters; therefore, Design Standards for Sensitive
Watersheds will be implemented for this project. Temporary causeways will be staged and not cover greater than 50% of
the river at any time.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c.
If yes, which mitigation option will be used for this
project? ? Mitigation bank

El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: not applicable
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a . If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ®No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? NA %
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
See attached SMP for Section E parts 2 - 4
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? not applicable
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b . Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a . Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b . Have all of the 401 Unit submittal requirements been met? ® Yes ? No
Page 9 of 11
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1b. If you answered 'es" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ® Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
® Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fact permit application? ? Yes ®No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Due to the minimal transportation impact resulting from this bridge replacement, this project will neither influence nearby
land uses nor stimulate growth. Therefore, a detailed indirect or cumulative effects study will not be necessary.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
not applicable
Page 10 of 11
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
?
Raleigh
Sc. If yes, indicate the USFWS Field Office you have contacted.
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See attached concurrence letter
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NMFS County Index
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ®No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NEPA Documentation
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b . If yes, explain how project meets FEMA requirements: NCDOT Hydraulics Unit coordination with FEMA
8c. What source(s) did you use to make the floodplain determination? FEMA Maps

I'
, 3
Dr. Gregory J. Thorpe, Ph D #"
Applicant/Agent's Printed Name ApplicanOAgent's Signature Date
(Agent's signature is valid only 'd an authorization letter from the applicant
is provided.)
Page 11 of 11
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: TIP# B-4261 NCDOT
State: NC County/parish/borough: Graham City: Lake Santeetlah
Center coordinates of site (latflong in degree decimal format): Lat. 350 , Long. 83°.
Universal Transverse Mercator:
Name of nearest waterbody: Cheoah River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Little Tennessee River
Name of watershed or Hydrologic Unit Code (HUC): 06010204
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Q Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different 1D form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Q Office (Desk) Determination. Date:
Q Field Determination. Date(s):
SECTION 11: SUMMARY OF FINDINGS
A. BHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
Q Waters subject to the ebb and flow of the tide.
Q Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There G "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
S TNWs, including territorial seas
[- Wetlands adjacent to TNWs
Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
0 Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments ofjurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) sin of waters of the U.S. In the review area:
Non-wetland waters: 780 linear feet: width (ft) and/or acres.
Wetlands: 0.14 acres.
c. Limits (boundaries) of jurisdiction based on: en• m'p
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section IILD.1.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section II1.B.2 for any onsite wetlands, and Section III.B3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size:
,.
Drainage area: r)h
Average annual rainfall inches
Average annual snowfall: inches
(it) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through W.E-M tributaries before entering TNW.
Project waters are PFcI Ii' river miles from TNW.
Project waters are 3A river miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are - M aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW':
Tributary stream order, if known:
'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
° Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that amplv):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: ck
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover.
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: PI-c)c!c L_ii?
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for:
Estimate average number of flow events in review area/year: T
Describe flow regime:
Other information on duration and volume:
Surface flow is: . Characteristics:
Subsurface flow: . Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM' (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? Other (list):
? Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determ
Q High Tide Line indicated by: Q
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
ne lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
sA natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: ll7ek..1. Explain:
Surface flow is:
Characteristics:
Subsurface flow: plc1`s- . Explain findings:
? Dye (or other) test performed:
(c) Wetland Adiacmcv Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are river miles from TNW.
Project waters are aerial (straight) miles from TNW.
Flow is from: -
Estimate approximate location of wetland as within the floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if an
All wetland(s) being considered in the cumulative analysis:
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? fY/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IILD:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNW; and Adjacent Wetlands. Check all that apply. and provide size estimates in review area:
ON TNWs: linear feet width (ft), Or, acres.
'-t Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TN Ws where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: DWQ rating form greater than 30.
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Q Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates forjurisdictional waters within the review area (check all that apply):
Q Tributary waters: linear feet width (ft).
® Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
E9 Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: 87 Corps Manuel Wetland criteria were met in areas adjacent to RPWs.
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 0.47 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
10 Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Ad Jurisdiction Following Rapanox
Provide estimates for jurisdictional waters in the review area (check all that apply):
Et Tributary waters: linear feet width (ft). -
El Other non-wetland waters: acres.
Identify type(s) of waters:
Q Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
Q If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Q Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other. (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis ofjurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
gment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
M Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit RUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applioable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
STORMWATER MANAGEMENT PLAN
B-3335, State Project 32998. 1.1 Date:10/12/09
Graham County
Hydraulics Project Engineer: R.C. Henegar, PE
ROADWAY DESCRIPTION
This project involves replacing Bridge No. 70 over Cheoah River on SR 1134 (Santeetlah
Rd.) in Graham County. The overall length of the project is 0.79 miles. The existing 18-
foot paved road is a two-lane road with 2-foot grassed shoulders. The existing structure
is a 160 ft. eight span bridge (8@20) with a clear roadway width of 18 feet. The project
will be a two-lane section with 11 foot lanes and 2 foot grassed shoulders. The proposed
bridge will be a 210 foot three span structure (3@70) with a clear roadway width of 27
feet
ENVIRONMENTAL DESCRIPTION
This project is located in the Little Tennessee Basin. There is one river crossing on this
project, which has a C-Tr classification. This river is not on the 303(d) list. Wetlands
will be impacted by the proposed project.
BEST MANAGEMENT PRACTICES AND MAJOR STRUCTURES
The proposed bridge is a three span structure reducing the number of bents in the river.
There will be no deck drains on the proposed structure and the storm drainage is being
discharged into grass lined ditches and as far away from the stream as practicable.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
July 11, 2008
Dr. Gregory J. Thorpe, Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe
Subject: Endangered Species Concurrence, Proposed Replacement of Bridge No. 70 over the
Cheoah River on SR 1134 in Graham County, North Carolina, Federal Project
No. BRZ-1134(1), WBS Element No. 3298.1.2, T.I.P. No. B-3335
As requested by the North Carolina Department of Transportation (NCDOT), we have reviewed
the mussel survey report for the federally endangered Appalachian elktoe (Alasmidonra
raveneliana) with regard to the subject proposed bridge replacement. Information for this
concurrence letter is based on a review of the survey results, alternatives analysis, and an on-site
meeting held on May 8, 2008, with representatives from the NCDOT and our staff. The
following comments are provided in accordance with the National Environmental Policy Act
(42 U.S.C. 4332(2)(c)); the Fish and Wildlife Coordination Act, as amended (16 U.S.C.
661-667e); section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543)
(Act); and the Migratory Bird Treaty Act (16 U.S.C. 703, et seq.) (MBTA).
The NCDOT proposes to construct a spanning structure that will replace Bridge No. 70. The
preferred altemative is Alternative 3--replacement of the bridge on a new alignment
approximately 50 feet upstream of the existing bridge--and is being carried forward into the final
design. Traffic will be maintained on the existing bridge during construction. Alternative 3
would result in the lowest cost and would require the fewest number of bents in the Cheoah
River and the least amount of environmental impacts.
Alcoa Power Generating Inc. installed a staff gage on Bridge No. 70 for the U.S. Fish and
Wildlife Service, the North Carolina Wildlife Resources Commission, and the North Carolina
Division of Water Resources (among others) to measure stream flow. Prior to demolition, the
NCDOT should make provisions for the reinstallation and calibration of the gage on the new
structure.
Federally Listed Species - The listed species concurrence request we received was for the
NCDOT's determination that the subject project is not likely to adversely affect the Appalachian
elktoe. It was determined that the project would have no effect on the Carolina northern flying
squirrel (Glaucomys sabrinus coloratus), Indiana bat (Myotis sodalis), rock gnome lichen
(Gymnoderma lineare), or Virginia spiraea (Spiroea virginiana), all of which occur in Graham
County.
The most recent survey for the Appalachian elktoe was conducted on May 7, 2008, during which
a known location 0.5 mile downstream of the project area was verified as still occupied by the
Appalachian elktoe. No mussels of any kind were observed in the stretch of the river 400 meters
downstream and 100 meters upstream of the project area. To minimize potential impacts to the
Appalachian elktoe and its designated critical habitat, the NCDOT will accomplish the
following:
1. Design standards for sensitive watersheds will be used.
2. Provisions will be made in the new bridge design for roadbed and deck
drainage to flow through a vegetated buffer prior to reaching the river. This
buffer should be large enough to alleviate any potential effects from the runoff
of storm water and pollutants.
3. Best management practices for environmentally sensitive areas will be
implemented to minimize and control sedimentation and erosion prior to any
ground-disturbing activities. All erosion-control measures will be reviewed
daily to ensure that sedimentation and erosion are being effectively controlled.
If the planned devices are not functioning as intended, they will be replaced
immediately with better devices. Temporary or permanent herbaceous
vegetation will be planted on all bare soil within 15-days of ground-disturbing
activities to provide long-term erosion control.
4. Sandbag cofferdams will be installed so that excavation and work areas will
be isolated from the Cheoah River. Any seepage that inadvertently contacts
live concrete will be pumped into cofferdams in an upland area in order to
prevent water with high levels of pH from moving into surface waters.
5. Bridge materials will not be allowed to fall into the Cheoah River. Any
materials that inadvertently fall into the creek will be immediately removed.
6. The project will be sequenced so that temporary cofferdams are only in place
the minimal time needed, and only one cofferdam will be in place at a time.
2
7. All mechanized equipment operated near surface waters will be inspected and
maintained regularly in order to prevent contamination of stream waters from
fuels, lubricants, hydraulic fluids, or other toxic materials.
8. No toxic materials, equipment, or construction debris/material will be stored,
stockpiled, or otherwise left in the 100-year floodplain or other areas where
in-stream contamination could occur due to flooding, runoff; or leaching.
9. Vegetation will be maintained wherever possible. The removal of vegetation
should be minimized to the maximum extent possible.
10. All invasive legumes will be removed from the erosion-control plan.
Specifically, crown vetch and Korean and Sericea lespedeza will not be used
for erosion control. These nonnative lespedezas and crown vetch are
aggressive invasive species that could choke out native vegetation.
Furthermore, in general, when revegetating disturbed areas, we strongly
recommend that only native plant species be used or, if an adequate seed
source cannot be found, that noninvasive species (such as annual rye) be used
until native plants can reestablish them sAye5. If kudzu is encountered during
construction, it should be remove&ann?ually.
The U.S. Forest Service (USFS) has expressed interest in the NCDOT creating a parking area on
the eastern approach to the existing bridge as a part of this project. We contacted Ms. Karen
Compton of the USFS to obtain information about how the parking lot will be constructed and
maintained and how impacts to federally listed species will be avoided. Ms. Compton indicated
that she will work on making this information available. However, because this information is
not yet available, additional consultation will be required for this portion of the project.
We are available to attend a preconstruction meeting to review and explain these conditions. If
the above measures are implemented, we concur with the NCDOT's determination that the
bridge construction and demolition may affect, but is not likely to adversely affect, the
Appalachian elktoe. Therefore, we believe the requirements under section 7(c) of the Act are
fulfilled. However, obligations under section 7 of the Act must be reconsidered if. (1) new
information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered, (2) this action is subsequently modified in a
manner that was not considered in this review, or (3) a new species is listed or critical habitat is
determined that may be affected by the identified action.
Invasive Species - We are also concerned with the introduction and spread of invasive exotic
species in association with the proposed project. Without active management, including the
revegetation of disturbed areas with native species, project corridors will likely only be sources
of (and corridors for) the movement of invasive exotic plant species. Exotic species are a major
contributor to species depletion and extinction, second only to habitat loss. Exotics are a factor
contributing to the endangered or threatened status of more than 40 percent of the animals and
3
plants on the Federal List of Endangered and Threatened Wildlife and Plants., It is estimated
that at least 4,000 exotic plant species and 2,300 exotic animal species are now established in the
United States, costing more than $130 billion a year to control.2 Additionally, the
U.S. Government has many programs and laws in place to combat invasive species (see
www.invasivespecies.gov) and thus cannot spend money to counter these efforts. Specifically,
Section 2(a)(3) of Executive Order 13112 - Invasive Species (February 3, 1999) directs federal
agencies to "not authorize, fund, or carry out actions that it believes are likely to cause or
promote the introduction or spread of invasive species in the United States or elsewhere."
Despite their short-term erosion-control benefits, many exotic species used in soil stabilization
seed mixes are persistent once they are established, thereby preventing the reestablishment of
native vegetation. Many of these exotics plants3 are also aggressive invaders of nearby natural
areas, where they are capable of displacing already established native species. Therefore, we
strongly recommend that only native plant species be used in association with all aspects of this
project.
Additionally, because this site is within the Nantahala National Forest, avoiding invasive exotic
species is particularly important. Tall fescue (including Kentucky 31 fescue) and Sericea
lespedeza are listed as a category I exotic invasive plant species on the Regional Forester's List
and Ranking Structure-Invasive Exotic Plant Species of Management Concern for the
U.S. Forest Service's Southern Region. Category 1 exotic plant species are known to be invasive
and persistent throughout all or most of their range within the Southern Region. They can spread
into, and persist in, native plant communities and displace native plant species. Therefore, they
pose a demonstrable threat to the integrity of the natural plant communities in the Southern
Region. The use of category 1 species is prohibited on national forest land.
Migratory Birds - The MBTA (16 U.S.C. 703-712) prohibits the taking, killing, possession,
transportation, and importation of migratory birds (including the bald eagle), their eggs, parts,
and nests, except when specifically authorized by the Department of the Interior. To avoid
impacts to migratory birds, we recommend conducting a visual inspection of the bridge and any
other migratory bird nesting habitat within the project area during the migratory bird nesting
season from March through September. If migratory birds are discovered nesting in the project
impact area, including on the existing bridge, the NCDOT should avoid impacting the nests
during the migratory bird nesting season (March through September). If birds are discovered
nesting on the bridge during years prior to the proposed construction date, the NCDOT, in
consultation with us, should develop measures to discourage birds from establishing nests on the
bridge by means that will not result in the take of the birds or eggs, or the NCDOT should avoid
construction and. demolition activities during the nesting period.
'Wilcove, D. S., D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled specie;
in the United States. BioScience 48:607-615.
ZPimentel, D., L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous
species in the United States. BioScience 50:53-65.
'Lists of invasive exotic plants can be found at http://www.tneppc.org/and hup://www.invasive.org/eostern/srs/ on
the Internet.
4
If you have questions about these comments, please contact Mr. Troy Wilson of our staff at
828/258-3939, Ext. 226. In any future correspondence concerning this project, please reference
our Log Number 4-2-05-226.
T Sinc ly,
Brian P. Cole
Field Supervisor
cc:
Mr. Dave Baker, Asheville Regulatory Field Office, U.S. Army Corps of Engineers, 151 Patton
Avenue, Room 208, Asheville, NC 28801-5006
Ms. Marla J. Chambers, Western NCDOT Permit Coordinator, North Carolina Wildlife
Resources Commission, 12275 Swift Road, Oakboro, NC 28129
Ms. Karen M. Lynch, Project Development and Environmental Analysis Branch, North Carolina
Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1598
Mr. Brian Wrenn, North Carolina Division of Water Quality, Central Office, 2321 Crabtree
Blvd., Suite 250, Raleigh, NC 27604
Ms. Christy Wright, North Carolina Division of Water Quality, Central Office, 2321 Crabtree
Blvd., Suite 250, Raleigh, NC 27604

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