19960771 Ver 1_Complete File_19960730

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. H. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611
Dear Mr. Vick:
A14?EHNF=1
August 6, 1996
Avery County
DWQ Project # 9607
t...- 960771
You have our approval to conduct survey and geo-technical work in wetlands or waters for the purpose
of bridge replacement at the North Toe River on SR 1164 in Avery County, as you described in your
application dated 26 July 1996. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3027. This certification allows you to use Nationwide
Permit Number 6 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
oward, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
960731.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
December 10, 1997
US Army Corps of Engineers
Wilmington Regulatory Field Office
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION: Mr. Michael D. Smith, P.W.S.
Assistant Branch Chief
Dear Sir:
GARLAND B. GARRETr JR.
SECRETARY
r °
Subject: Avery County, Replacement of Bridge No. 72 over North Toe River on
SR 1164, Federal Aid Project No. BRZ-1164(2), State Aid Project
No. 8.2720401, T.I.P. No. B-2804, Action I.D. 199506065.
The Corps of Engineers (COE) issued a Section 404 Nationwide Permit 23 for the
subject project on December 1, 1995 and a Nationwide Permit 6 on August 12, 1996.
These permits expired on January 21, 1997. The replacement of Bridge No. 72 over the
North Toe River on SR 1164 is not scheduled to be let to construction until Au"s 98.
Consequently, the Department of Transportation (DOT) nee enew authorization f
this work.
Information regarding the project description has changed since the distribution of
the Categorical Exclusion in a letter dated September 26, 1995. Bridge No. 72 will be
replaced 60 meters (200 feet) west the existing bridge and will be 8.0 meters (26 ft) wide
and 25 meters (82 ft) long. Traffic will be maintained on the existing bridge during
construction. Approximately 0.01 hectare (0.03 acre) of jurisdictional impacts will occur
due to the proposed project. A Programmatic Section 4(f) Evaluation was performed and
approved in accordance with 36 CFR Part 800.5(e)(4).
Since issuance of the Section 404 Nationwide Permit 23, the US Fish and Wildlife
Service (FWS) has added the bog turtle (Clemmys muhlenbergii) to its listing for Avery
County. The DOT has included with this letter a biological conclusion of "No Effect" for
this project in regard to its review of the bog turtle issue.

2
The DOT requests that the COE reauthorize this bridge replacement project in
Avery County under a Section 404 Nationwide Permit 23. Reissuance of 401 Water
Quality Certification by the Division of Water Quality is also requested.
If you have any questions or need additional information please call Ms. Alice N.
Gordon at 733-7844 Ext. 307.
Sincerely
v
ZFr nVick, PE, Manager
Planning and Environmental Branch
HFV/pct
cc: Mr. Robert Johnson, Corps of Engineers, Asheville Field Office
Mr. John Dorney, NCDEHNR, Division of Water Quality
Mr. Whit Webb, P.E., Program Development Branch
Mr. R. L. Hill, P.E., Highway Design Branch
Mr. A. L. Hankins, P.E., Hydraulics Unit
Mr. William J. Rogers, P.E., Structure Design Unit
Mr. Tom Shearin, P.E., Roadway Design Unit
Mr. W. E. Hoke, P.E., Division 11 Engineer
Mr. Phillip Harris, P.E., P & E Project Planning
R
N c' STA?o
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH. N.C. 27611-5201
June 16, 1997
MEMORANDUM TO:
FROM:
L. Gail Grimes, P.E., Unit Head
Project Planning Unit
GARLAND B. GARRETT JR.
SECRETARY
Chris Rivenbark, Environmental Biologist C
Environmental Unit
SUBJECT: Water resources and protected species review for a Federal
Highway Administration (FHWA) Right-of-Way consultation
for the proposed replacement of Bridge No. 72 on SR 1164
over the North Toe River, Avery County; TIP No. B-2804;
State Project No. 8.2720401; Federal Aid No. BRZ-1164(1).
ATTENTION: Phil Harris, P.E., Project Planning Engineer
Planning and Environmental Branch
REFERENCES: Categorical Exclusion prepared by Wang Engineering
Company Inc., July 1995
The following memorandum provides information to assist in the preparation of a
FHWA Right-of-Way (ROW) consultation for the proposed project. It addresses water
resources and federally-protected species potentially impacted by the project and
serves to update the previously submitted Categorical Exclusion with respect to these
two issues.
WATER RESOURCES
Water resource classifications have not changed since the CE was prepared.
The Division of Water Quality (DWQ) best usage classification for the North Toe River
[DEM Index No.7-2-(0.5)] in the project area is WS-III Tr. Water Supplies III (WS-III)
refers to those waters protected as water supplies which are generally in low to
moderately developed watersheds: suitable for all Class C uses. Class C refers to
waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary
recreation and agriculture. Trout water Jr) is a supplemental water classification
(9
N
including waters suitable for natural trout propagation and maintenance of stocked
trout. Hydrologic characteristics and existing aquatic communities of this water
resource have been described in the referenced CE.
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 of 1973, as
amended.
As of May 2 1997, the U.S. Fish and Wildlife Service (FWS) lists ten protected
species for Avery County (Table 1). The status of two species, the spruce-fir moss
spider and the rock gnome lichen, has changed from Proposed Endangered to
Endangered since the completion of the CE. A description and biological conclusion
of "No Effect" was given for each of these species in the referenced CE. The biological
conclusion of "No Effect" remains valid for each of the species. One species, the bog
turtle (Clemmys muhlenbergii), has been added since the completion of the CE. A
description for the bog turtle is given below.
_Table 1. Federally-Protected Species for Rowan County
COMMON NAME SCIENTIFIC NAME STATUS
Clemmys muhlenbergii bog turtle P
Corynorhimus townsendii
virginianus
Falco perigrinus
Glaucomys sabrinus
carolinenis
Microhezura montivaga
Geum radiatum
Houstonia montana
Solidago spithamaea
Liatris helleri
Gymnoderma lineare
Virginia big-eared bat E
perigrine falcon E
Carolina northern flying squirrel E
spruce-fir moss spider E
spreading avens E
Roan Mountain bluet E
Blue Ridge goldenrod T
Heller's blazing star T
rock gnome lichen E
Note: "E" denotes Endangered (a species that is threatened with extinction
throughout all or a significant portion of its range).
"T' denotes Threatened (a species is likely to become endangered within the
foreseeable future throughout all or a significant portion of its range).
"P" denotes Proposed (a species is proposed for listing as endangered and is
protected by law while its status is under review).

Clemmys muhlenbergii (bog turtle) PROPOSED
Family: Emydidae
Federally listed: May 2, 1997
Clemmys muhlenbergii is a small semiaquatic turtle, usually with a bright orange
or yellow blotch on the side of head; elongated carapace, brown to black, often. with a
low median keel and concentric furrows or traces of them. The bog turtle measures 7-
10 cm (3-4 in) in length. It is found in damp grassy fields, bogs, and marshes in the
mountains and western piedmont.
The bog turtle is shy and will burrow rapidly in mud or debris when disturbed.
The bog turtle forages on insects, worms, snails, amphibians, and seeds. The bog
turtle reproduces during the months of June and July. It's shallow nest is constructed
with moss or loose soil, and consists of 3-5 eggs. The eggs hatch in about fifty-five
days.
C/emmys muhlenbergii is listed as Proposed Threatened due to similarity of
appearance- a species that is threatened due to similarity of appearance with other
rare species and is listed for its protection. These species are not biologically
endangered or threatened and are not subject to Section 7 consultation.
cc: V. Charles Bruton, Ph.D., Unit Head, Environmental Unit
Hal Bain, Environmental Supervisor
File: B-2804

As of May 2, 1997, the U.S. Fish and Wildlife Service (FWS) lists ten (10)
protected species for Avery County. The status of two species, the spruce-fir moss spider
and the rock gnome lichen, has changed from Proposed Endangered to Endangered since
completion of the CE. One species, the bog turtle (Clemmys muhlenbergii), has been
added since the completion of the CE. A biological conclusion of NO EFFECT was
rendered for all of the species in the planning document and remains valid (attachment).
North Carolina Department of Transportation
PROJECT ENVIRONMENTAL CONSULTATION FORM
I.D. NO. B-2804
I.
II.
a. Consultation Phase:
b. Project Description:
C. State Project:
Federal Project:
d. Document Type:
Right of Way
ROADINAy DES,iOti? C
RECEIVED FILE
AUG 0 1 1997
HILL -" -^°---w
ALFORD
6ENNETT -~ r 4 ` UR
LASSITER
Bridge No. 72 over North -?PE
Avery County e F.Y.I.
8.2720401
BRZ-1164(2)
IGHT I NRIS
_ SYKES
Y TA`1 LOR
REPLY P':Y!:AR
`OR-SIGNATURE
Categorical Exclusion 8/31/95
Date
The above environmental document has been reevaluated as required by 23 CFR
771. It was determined that the current proposed action is essentially the same as the
original proposed action. Proposed changes, if any, are noted below in Section III. It has
been determined that anticipated social, economic, and environmental impacts were
accurately described in the above referenced document(s) unless noted otherwise herein.
Therefore, the original Administration Action remains valid.
III. CHANGES IN PROPOSED ACTION AND ENVIRONMENTAL CONSEQUENCES
There has been one change in design of the subject bridge replacement project
since completion of the planning document. The revised proposed alternative will extend
from SR 1164 which parallels the building formally known as Minneapolis Elementary
School. The bridge will intersect US 19E approximately 30 feet west of its original
location (attachment). Because ownership of the school property (including playground)
has been reverted to an adjoining family estate, there are no 4(f) implications. No other
environmental impacts are anticipated.
The Best Usage Classification for North Toe River, as designated by the Division
of Water Quality (DWQ), is WS-III Tr (attachment).

No significant changes have occurred that would alter the noise or air quality
impacts for the subject project.
In a letter dated May 30, 1995, the State Historic Preservation Office (SHPO)
concurred with NCDOT's findings that one property-the Appalachian Inn-located within
the area of potential effect was considered to be potentially eligible for the National
Register of Historic Places. On a concurrence form dated June 15, 1995, the SHPO
concurred with NCDOT's determination that the project will have no effect on the
Appalachian Inn.
It appears that further coordination with SHPO is warranted as it pertains to scenic
issues in the vicinity of the Appalachian Inn. Presently, the boxwood elders located
along existing US 19 will not be disturbed. However, NCDOT is evaluating the necessity
for a sign alerting the traveling public of a sharp curve ahead. Once it has been decided
the need and location of such a sign, SHPO will be contacted and the issue will be
resolved in the construction consultation.
A comprehensive archaeological survey was conducted for the subject project.
During the course of the survey, no sites were located within the project area. In their
letter dated November 17, 1995, SHPO concurred with NCDOT recommendation of no
further archaeological investigation (attachment).
IV. LIST OF ENVIRONMENTAL COMMITMENTS
D.O.T. will implement all practical measures and procedures to minimize and
avoid environmental impacts.
V. COORDINATION
Planning and Environmental Branch personnel have discussed current project
proposals with others as follows:
Design Engineer: John Lansford 7/29/97
Date
FHWA Engineer: Felix Davila
7/29/97
Date

VI. N.C.D.O.T. CONCURRENCE
lJ-- ?
7(z1 Ct1
Project
Date
Manager of Planning and Environmental Branch
Date

North Carolina Department of Transportation
PROJECT ENVIRONMENTAL CONSULTATION FORM
I.D. NO. B-2804
I.
a. Consultation Phase:
b. Project Description:
State Project:
Federal Project:
II
d. Document Type:
CONCLUSIONS
Right of Way
Bridge No. 72 over North Toe River,
Avery County
8.2720401
BRZ-1164(2)
Categorical Exclusion 8/31/95
Date
The above environmental document has been reevaluated as required by 23 CFR
771. It was determined that the current proposed action is essentially the same as the
original proposed action. Proposed changes, if any, are noted below in Section III. It has
been determined that anticipated social, economic, and environmental impacts were
accurately described in the above referenced document(s) unless noted otherwise herein.
Therefore, the original Administration Action remains valid.
III. CHANGES IN PROPOSED ACTION AND ENVIRONMENTAL CONSEQUENCES
There has been one change in design of the subject bridge replacement project
since completion of the planning document. The revised proposed alternative will extend
from SR 1164 which parallels the building formally known as Minneapolis Elementary
School. The bridge will intersect US 19E approximately 30 feet west of its original
location (attachment). Because ownership of the school property (including playground)
has been reverted to an adjoining family estate, there are no 4(f) implications. No other
environmental impacts are anticipated.
The Best Usage Classification for North Toe River, as designated by the Division
of Water Quality (DWQ), is WS-III Tr (attachment).
As of May 2, 1997, the U.S. Fish and Wildlife Service (FWS) lists ten (10)
protected species for Avery County. The status of two species, the spruce-fir moss spider
and the rock gnome lichen, has changed from Proposed Endangered to Endangered since
completion of the CE. One species, the bog turtle (Clemmys muhlenbergii), has been
added since the completion of the CE. A biological conclusion of NO EFFECT was
rendered for all of the species in the planning document and remains valid (attachment).
40 1
VI. N.C.D.O.T. CONCURRENCE
-.z= -( (-z-l I Ct -)
Project
Date
Manager of Planning and Environmental Branch Date
40 ,?..4,a
`-.. JUL 3 0 1990
W(, i
°°WETLANDS GROUP
WATER UALITY ECTiON
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY
July 26, 1996
U. S. Army Corps of Engineers
Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN.: Mr. Cliff Winefordner
Chief, South Section
Dear Sir:
Subject: Avery County, Replacement of Bridge No. 72 over North Toe River on
SR 1164, Federal Aid Project No. BRZ-1164(2) , State Aid Project
No. 8.2720401, T.I.P. No. B-2804.
On September 26, 1995, the North Carolina Department of Transportation
distributed a Categorical Exclusion document for the subject project, requesting that the
NCWRC provide comments to the Corps of Engineers and that the Corps of Engineers
authorize the project under Nationwide Permit 23. On December 1, 1995 the Corps of
Engineers, stating that the NCWRC had been consulted with, issued the Nationwide
Permit No. 23 (Action I.D. No. 199506065).
Geotechnical studies are now needed at the site. We have determined that this
activity may be authorized under Nationwide Permit 6 (Survey Activities), and would not
require notification if not for the fact that this project will take place in a mountain trout
county.
With this information in mind, NCDOT is requesting that the NCWRC provide
comments to the Corps of Engineers, and that the Corps of Engineers authorize the survey
activity under Nationwide Permit 6.
0

2
Enclosed please find a project site map and preconstruction notification form. If
you have any questions or need additional information please call Ms. Alice N. Gordon at
[phone], Ext. 307.
Sincerely,
H. Franklin Vick, P. E., Manager
Planning and Environmental Branch
HFV/mlt
cc: w/attachment
Mr. Robert Johnson, Corps of Engineers, Asheville Field Office
Mr. John Dorney, NCDEHNR, Division of Environmental Management
Mr. Kelly Barger, P. E. Program Development Branch
Mr. Don Morton, P. E., Highway Design Branch
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. William J. Rogers, Jr., P. E., Structure Design Unit
Mr. Tom Shearin, P. E., Roadway Design Unit
Mr. W. E. Hoke, P. E., Division 11 Engineer
Mr. Philip S. Harris, P. E., P & E Project Planning Engineer
Ms. Stephanie Goudreau, Mt. Region Coordinator
r-
DEM ID:
Nationwide Permit Requested (Provide Nationwide Permit #): N14P R
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
NVIL• MIlNIGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: N Dent of TransQnrts inn; P1 ann; n' & *ml'
2. Owners Address: P.O. Box 25201; Raleigh, NC
3. Owners Phone Number (Home): (Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
H. Franklin Vick, P.E.
Manager
5. Location of work (MUST ATTACH MAP). County: hypry
Nearest Town or City: Minnea olis
Specific Location (Include road numbers, landmarks, etc.): Bridge no. 72 over North Toe River on SR 1164
6. Name of Closest Streatn/River.
Al--+F, Tno Pi vor
7. River Basin: French Broad River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES &I NO [ J
9. Have any Section 404 permits been previously requested for use on this property? YES ( ] NO [
If yes, explain. _
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0.03 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0 for survey and geotech work
Drained:
ACTION ID:
Flooded:
Excavated:
Total Impacted: 0 for survey and geotech work
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
Survey and Geotech work
13. Purpose of proposed work: _girmiPTanri rant-er%hn; e-n1 site wnrk
14. State reasons why the applicant believes that this activity must be carried out in wetlands.
taken to minimize wetland impacts.
Proposed structure crosses stream
Also, note measures
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed orproposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES (? ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NUYS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [.*] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM: ,
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? farml anri
F. If applicable, what is proposed method of sewage disposal?
0 ne 's ignature Date

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NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PLANNING AND ENVIRIONMENTAL
BRIDGE NO. 72
AVERY COUNTY
B-2804
3/95 SCALE = 1:15 000 FIG. 1
0 (kilometers) 1
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