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HomeMy WebLinkAbout19940049 Ver 1_Complete File_19940118State of North Carolina Department of Environment, ffl??TA IT Health and Natural Resources 0 Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary ID E H N F1 A. Preston Howard, Jr., P.E., Director December 12, 1997 Buncombe County DWQProject #940049 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Frank Vick NC DOT PO Box 25201 Raleigh NC 27611-5201 Dear Mr. Vick: You have our approval, in accordance with the attached conditions and those listed below, to replace bridge 133 over Haw River, as you described in your application dated November 25, 1997. After reviewing your application, we have decided that this fill is covered by General, Water Quality Certification Number 3107. This certification allows you to use Nationwide Permit Number 23 when it is issued by the Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this protect (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. DOT shall follow guidance provided by DWQ in our 27 May 1997 letter for minimizing damage to aquatic resources until a final policy is developed in conjunction with DOT. 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, ston Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office e ApJaw, y Central Files 940049.1tr Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper y M?Ah'o H d r.'aon 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 November 25, 1997 US Army Corps of Engineers Wilmington Field Office P.O. Box 1890 Wilmington, North Carolina 28402-1890 ATTENTION: Mr. Michael D. Smith, P.W.S. Assistant Chief Dear Sir: Subject: Buncombe County, Replacement of Bridge No. 133 over Haw Creek on NC 81 in Asheville, Federal Project No. BRM-5011(4) State Project No. 8.1842601, T.I.P. No. B-2516. The Corps of Engineers (COE) issued a Section 404 Nationwide Permit 23 for the subject project on February 2, 1994. The replacement of Bridge No. 133 over Haw Creek on NC 81 is sched led-to e let to construction in November 1997. Consequently, the Department of Transportation (DOT) needs to renew authorization for this work. Information regarding the project description has not changed since the distribution of the programmatic Categorical Exclusion and the Natural Resources Technical Report in a letter dated January 14, 1994. A construction consultation was completed for this project in July 1997 with updates to the endangered species evaluation. Haw Creek has a Water Quality Classification of C, and does not support trout according to a March 12, 1993 letter from the N.C. Wildlife Resources Commission. A copy of this consultation form is attached. The DOT requests that the COE reauthorize this bridge replacement project in Buncombe County under a Section 404 Nationwide Permit 23. A copy of this request is being provided to the N.C. Wildlife Resources Commission for their concurrence. Reissuance of 401 Water Quality Certification by the Division of Water Quality is also requested. Ark 2 If you have any questions or need additional information please call Mr. Gordon Cashin at 733-7844 Ext. 278. Sincerely, H. Franklin Vick, PE, Manager Planning and Environmental Branch HFV/plr cc: Mr. Bob Johnson, Corps of Engineers, Asheville Field Office Mr. John Dorney, NCDEHNR, Division of Water Quality Mr. David Cox, NCWRC Mr. Mark Davis, NCWRC 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. D. Smart, P.E., Division 13 Engineer Ms. Julie Hunkins, PE, P & E Project Planning North Carolina Department of Transportation PROJECT ENVIRONMENTAL CONSULTATION FORM I.D. No. B-2516 1. GENERAL INFORMATION a. Consultation Phase: Construction b. Project Description: Replace Bridge No. 133 on NC 81 over Haw Creek in Buncombe County C. State Project No.: 8.1842601 Federal Aid Project No.: BRM-5011(4) d. Document Type: Programmatic Categorical Exclusion 4/20/93 Date Construction Consultation 6/27/94 Date II. CONCLUSIONS The above environmental documents have 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 documents(s) unless noted otherwise herein. Therefore, the original Administration Action remains valid. III. CHANGES IN PROPOSED ACTION AND ENVIRONMENTAL CONSEQUENCES The project remains essentially the same as was evaluated in the above-referenced documents. However. a channel change is proposed immediately north of the proposed box culvert, and the area between the proposed roadway and the Swannanoa River will be excavated in order to ameliorate potential impacts associated with the existing floodplain. No significant adverse environmental consequences are expected as a result of proposed changes. The U.S. Fish and Wildlife Service (USFWS) listed eight (8) federally protected species for Buncombe County as of February 23, 1997; the USFWS' list was updated on May 2, 1997 and remains the same for Buncombe County. The federally protected species for Buncombe County are listed and described in the attached memorandum dated February 28, 1997. The memo, in conjunction with the original Programmatic Categorical Exclusion documentation, concludes that the project, as currently proposed, will not effect any federally protected species listed for Buncombe County. IV. LIST OF ENVIRONMENTAL COMMITMENTS NCDOT will implement all practical measures and procedures to minimize and avoid environmental impacts. The Design Branch has investigated the possibility of providing extra depth for one of the barrels of the recommended concrete box culvert, as per request of the North Carolina Wildlife Resources Commission. The maximum depth of the box culvert is controlled by a sever line, which was recently installed by the Metropolitan Sever District of Asheville and Buncombe County; the sewer line is located at such a depth which makes it infeasible to provide extra depth for the culvert at this location due to conflicts with the sewer line. A 401 general Certification has been obtained for this project. In addition, a Nationwide Permit 23 is applicable for this project. Approval from the Federal Emergency Management Agency will also be obtained prior to construction of the proposed project since the project is located within the 100-year floodplain. V. COORDINATION Planning and Environmental Branch personnel have discussed current project proposals with others as follows: Roadway Design Engineer: Bill Bunting 2/24/97 Date FHWA Engineer : N/A VI. N C D 0 T. CONCURRENCE i Z, WU Date -ZS-9? Date VII. FHWA CONCURRENCE N/A Federal Highway Administration Division Administrator Asy-tManager of Planning and Environmental Branch n 3 + 3 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201. RALEIGH. N.C 27611-5201 GARLAND B. GARRETT JR. SECRETARY GOVERNOR . 28 Februa>;y 1997 iNlEMOR:1NDUN1 TO: Julie Hunkins, P.E., Unit Head Project Planning Unit /11-f FROi\1: )Matt R. Smith. Environmental Biologist Environmental Unit SUBJECT: Protected species update.,for the proposed replacement of Bridge No. 133 on NC 81 over Haw Creek; Buncombe County; TIP No. B-2516; State Project No. S. 134260 1. BRN-1-5011(4). REFERENCE(S): (1) NCDOT, Natural Resources Technical Report (December 1992). (2) NCDOT, Construction Consultation (June 1994). The following memo serves to update the preceding memos on the issue offederally protected species. Eleven federally protected species are listed for Buncombe County by the U.S. Fish and Wildlife Serllce as of 23 August 1996 (Table 1). Descriptions and biological conclusions of no effect for these species are given in the above mentioned references. The biological conclusions for these species remains valid. Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed EndanL,ered (PE), and Proposed Threatened (PT) are protected under provisions JT Section and Section 9 of the Endangered Species ,-pct of 1973, as amended. 0 Table 1: Federally Protected Species For Buncombe County :C'anmwn tVarrrc :: ;S'wcntrfic? Nar>rc <;l?ecliral?Slatu? .....:.:...... ... .....,.. turquoise shiner (:yprinella mmnacha Threatened* peregrine falcon Carolina northern flyin(T squirrel Ialtoher-esinus Glancomys sabrinus colorahrs Endangered Endangered gray bat Myolis grisesccns Endangered*** Appalachian elktoe Alasmidonia raveneliana Endangered spreading avens Gewn radiatrrnr Endangered * bunched arrowhead Sagitlaria fasciculata Endangered mountain sweet pitcher plant Sarracenia jonesii Threatened Note: • "Endangered" denotes a spec ies that is threatened with extinction throughout all or a significant portion of its ranee. • "Threatened" denotes a speci es that is likely to become endangered in the foreseeable future throughout all or a significaiit portion of its range. • "*" denotes historic record (t he species was last observed in the county more than 50 years ago). notes incidental/mig d rant record (the species was observed outside its normal range or e habitat. Three new species (turquoise shiner, gray bat, peregrine falcon) have been listed for Buncombe county since the-referenced construction consultation was prepared. A description of these species and biolouical conclusions for these species follows. ( vjwinella mor)acha (turquoise shiner) Threatened Formerly: Hybolisis monacha (spotfin chub) Family: Cyprinidne Date Listed: 9 September 1977 The turquoise shiner once ran<ged throughout most of the Tennessee River System from the upper reaches of the Holston in Virginia, to as far west as the Buffalo River to Tennessee. Its former ranu,e included Tennessee River tributaries in Georgia and Alabama and the Swannanoa River, Spring Creek (French Broad system), and the Little Tennessee system in North Carolina. It has been extirpated from most of these localities. In North Carolina, populations are known to persist only in the Little Tennessee River between Franklin and Fontana Res,r-,-oir, Swain and Macon Counties. Other extant populations are found in the lower North Fork of the Holston River in Virginia and Temiessee and the Emory and Buffalo River Systems in western Tennessee. Adult turquoise shiners range between 50 and 90 mm standard length (SL). Males tend to be larger than females. They have a large dark spot at the base of the caudal fin, blackened posterior dorsal fin membranes, and a dusky midlateral stripe. Adult females and non-nuptual males are tan, gray, or, olive green dorsally and bright silver laterally and ventrally. Often the bright silver coloring masks the lateral stripe and caudal spot. Nuptual males are iridescent turquoise to cobalt blue on their upper sides, with an olive or tan dorsum often flecked with green or gold glints. From midside to belly they are a silvery cream color. The turquoise shiner occupies warm, usually clear, medium streams to medium rivers of moderate gradient. It is found in moderate to swift currents over a variety of substrates ranging from gravel to bedrock. This shiner rarely occurs on sand and almost always avoids appreciably silted areas. Juvenile and adult turquoise shiners feed on immature midge and blackfly larvae (90% of the diet) and mayfly nymphs. Most individuals are reproductively mature at 2 years, but a few may spawn in I year. Spawning, food preferences and other life history aspects were described in depth by Jenkins and Burkhead (1984, 1994). Biological Conclusion: No Effect The turquoise shiner is endemic to the Little Tennessee River. Extensive surveys of the Little Tennessee River and the surrounding rivers by FWS and NC WRC have confirmed that this species is only found in the Little Tennessee River. The proposed project is located in the French Broad River Basin. Since the proposed project is not located in the Little Tennessee River Basin no effects to this species will result form project construction. 1-171co 1)ercgrinirs (Peregrine falcon) Endangei-ed Family: Falconidae Date Listed: 20 iNlarch 1984 The peregrine falcon has a dark plumage along its back and its underside is lighter, barred and spotted. It is most easily recognized by a dark crown and a dark wedge that extends below the eye forming a distinct helmet. Immature peregrine falcons have dark-brownish backs and heavily streaked underparts. The peregrine falcon has pointed wings in flight, a common characteristic among falcons. The peregrine falcon is roughly the size of a crow, between 41-51 cm long and 91-1 13 cm wide. In this species the female is roughly'-25% larger than the male. The American peregrine falcon is found throughout the United States in areas with high cliffs and open land for foraging. Nesting for the falcons is enerally on high cliff ledges, but they may also nest in broken off tree tops in the eastern deciduous forest and on skyscrapers and bridges in urban areas. Nesting occurs from mid-March to May. Prey for the peregrine falcon consists of small mammals and birds, including mammals as large as a woodchuck, birds as large as a duck, and insects. The preferred prey is medium sized birds such as pigeons. Peregrine falcons are at the top of their food chain and are therefore extremely sensitive to chemical toxins such as DDT. Biological Conclusion: No Effect Roadsides in the study area provide a source of potential foraging for the peregrine falcon. No cliffs or large broken trees that would serve as roosting and nesting sites occur in the vicinity of the project, therefore, it is unlikely that this species will utilize the study area for foraging. A search of the NHP database of rare species and unique habitats showed no occurrence of this species in the vicinity of the proposed project. No effects to the peregrine falcon will result from project construction. rllt'rrli.? ?riscscrrrs (gray bat) Endanbet-ed Family: VespertiItoil idae Date Listed: 23 April 1976 The gray bat is the largest member of the Myolis genera in the eastern United States, weighing between 7 and 16 grams. After molting in mid-summer (July or August), this species is dark gray, however this color tends to fade to chestnut brown or russet over the winter. Gray bats occupy distinctly different habitats during different seasons. In winter they tend to occupy unusually cold, deep, vertical caves which act as cold air traps, and in summer they tend to occupy unusually warm caves, or caves with domed ceilings or restricted rooms capable of trapping body heat from clusters of thousands of individuals. Summertime foraging occurs almost exclusively over water or along the forested margins of rivers and reservoirs. Summer roosts, especially those used by maternity colonies, are rarely more than 4 km from a river or reservoir, and are usually within 1 km (0.62 mi). Forauing over one east Tennessee reservoir was found to be directly related to mayfly populations. Degradation of water quality and the subsequent loss of pollution sensitive mayflies is thought to adversely affect foraging opportunities for the =ray bat. N1 'or threats to the gray bat include direct disturbance by humans, especially of hibemating colorises. and indirect disturbance in the form of chemical and physical water pollution, impoundment of waterways, cave commercialization, improper gating of caves. The only recorded occurrence ofthe gray bat in North Carolina was an individual recovered in Buncombe County in October 1963. This individual was banded in Tennessee and is considered to be a vagrant, as it was well outside the known range of the species. No viable populations are known to exist in North Carolina. Biological Conclusion: No Effect The one recorded occurrence of the gray bat in North Carolina is considered to be a vagrant from Tennessee. There are no recorded hibernacula, maternity caves, or summer-use caves in North Carolina. There is no maternity or hibernating habitat present within the project area. In addition, the NHP database or rare species and unique habitats contains no records of the gray bat within the project area. Construction of the subject project will not effect this species. CC. V. Charles Bruton, Ph.D. Hal Bain, Environmental Supervisor File: B-2516 i r .+STAT(v ? s STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMEs B. HUNT, JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 January 14, 1994 401 ISSUED District Engineer Army Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402 ATTENTION: Regulatory Branch Dear Sir: 7 R. E ;tvT III "ftk X Subject: Buncombe County, Bridge No. 133 over Haw Creek, State Project No. 5.1842601, Federal Aid No. BRM- 5011(4), T.I.P. No. B-2516. Attached for your information is a copy of the project planning report for the subject project. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 9 CFR 771.115(b). Therefore we do not anticipate requestin n ndividual permit but propose to proceed under a tionw'de Permit in accordance with 33 CFR 330 Appendix A (B223 issued November 22, 1991 by the Corps of Engineers. e ovisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the 'project. We anticipate that 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 NCWRC review. The NCDOT also requests that NCWRC forward their comments to the Corps of Engineers. We anticipate that 401 General Certification No. 2734 (Categorical Exclusion) will apply to this project, and are providing one copy of the attached information to the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management, for their review. G) If you have any questions or need additional information, please call Mr. Gordon Cashin at (919) 733-3141. Sincerely, .-? TBO` inn Assistant Manager Planning and Environmental Branch BJO/gec Attachment ,Cc: Mr. David Baker, COE, Asheville Mr. John Dorney, P.E., DEHNR, DEM Ms. Stephanie Goudreau, NCWRC Mr. Kelly Barger, P.E., Program Development Branch Mr. Don Morton, P.E., State Highway Engineer-Design Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. Tom Shearin, P.E., State Roadway Design Engineer Mr. John L. Smith Jr., P.E., Structure Design Mr. R. E. Edmonds, P.E., Division 13 Engineer Mr. Davis Moore, Planning and Environmental Branch i. • v p ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Julie A. Hunkins, P. E. North Carolina Department of Transportation FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program j?y? /,/1'( ,? ( (1 DATE: March 12, 1993 SUBJECT: Scoping comments regarding impacts to trout from replacing Bridge #133 on NC 81 over Haw Creek, Buncombe County (TIP #B-2516) This correspondence responds to a request by you for our comments regarding impacts to trout from replacing Bridge #133 over Haw Creek in Buncombe County. Haw Creek is not Designated Public Mountain Trout Water nor does it support trout. Therefore, we do not believe this project will cause significant effects to waters supporting trout and we do not object to the project as proposed. The NCWRC would like to recommend that one barrel of the proposed-triple barrel 11'x 9' reinforced concrete box culvert be designed so that it carries all normal flow and the other two barrels carry high flows only. This will ensure that adequate water depth exists in one barrel for fish passage rather than having a thin sheet flow of water through each barrel at normal flows. One barrel could be buried lower than the others, or substrate could be piled in the high flow barrels. We would appreciate any action the NCDOT could take on this recommendation although this measure would largely benefit nongame fish species rather than trout or other gamefish. I appreciate the opportunity to provide this information request in the early planning stages of this project. Please contact me at 704/652-4257 if you have any questions regarding these comments. cc: Mr. Micky Clemmons, District 9 Fisheries Biologist Mr. David Yow, NCWRC Highway Coordinator r 0 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY December 07, 1992 MEMO RANDUN TO: FROM: Wayne Elliot, Unit Head Elliot Unit DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR Tim W. Savidge, Environmental Biologist Environmental Unit SUBJECT: Natural Resources Technical Report for the Proposed Replacement of Bridge # 133, on NC 81 over Haw River, Buncombe County, Federal Project # BRM-5011(7) State Project # 8.1842601, TIP # B-2516 A'T'TENTION: Julie Hunkins, P.E., Project Engineer The attached Natural Resources Technical Report provides inventories and desctiptions of natural resources within the project area, and estimations of impacts likely to occur to these resources as a result of project construction. Pertinent information on wetlands and federally protected species is also provided. Please contact me if you have any questions, or need this copied onto disc format. cc: V. Charles Bruton, Ph.D M. Randall Turner, Environmental Supervisor File B-2516 An Equal Opportunity/ Affirmative Action Employer Replacement of Bridge No. 133 On NC 81 Over Haw Creek Buncombe County TIP # B-2516 State Project # 8.1842601 Natural Resources Technical Report B-2516 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH ENVIRONMENTAL UNIT TIM SAVIDGE, ENVIRONMENTAL BIOLOGIST DECEMBER 07 1992 TABLE OF CONTENTS 1.0 Introduction 1.1 Project Description ...................... ......1 1.2 Purpose ..........................................1 1.3 Project Area .....................................1 1.4 Methodology ......................................1 2.0 Biotic Resources 2.1 Terrestrial Communities ..........................2 2.1.1 Disturbed Roadside .......................2 2.1.2 Riparian Fringe ..........................3 2.1.3 Disturbed Wet Field ......................3 2.2 Aquatic Communities ..............................4 2.3 Anticipated impacts ..............................4 3.0 Phvsical Resources 3.1 Water Resources........ ...........................5 3.1.1 Water Quality ............................6 3.1.2 Summary of Anticipated Impacts.......... 6 3.2 Soils ............................................6 4.Q Special Topics 4.1 Waters 4.1.1 4.1.2 4.2 Protec 4.2.1 4.2.2 4.2.3 of the United States ......................7 Permits ..................................7 Mitigation ...............................7 ted Species ................................7 Federally Protected ......................7 Federal Canidate Species ................12 State Protected .........................13 5.0 References 1 1.0 INTRODUCTION The following Natural Resource Technical Report is submitted to assist in the preparation of a Categorical Exclusion (CE). 1.1 Project Description Proposed action is to replace existing bridge with a triple barrel box culvert, north of the existing structure. Traffic will be maintained on the bridge during construction. 1.2 Purpose The purpose of this document is to describe and inventory the natural resources identified within the project vicinity and to estimate potential impacts to these resources. 1.3 Project Area The proposed project occurs in the city of Asheville in Buncombe county (Fig. 1). Buncombe county is in the Mountain physiograph.ic province and is characterized by steep slopes and highly incised stream banks. 1.4_ Methodology Preliminary resource information was gathered and reviewed prior to site visit. Information sources include; U.S. Coast and Geodetic Survey (USGS) quadrangle map (Asheville), NCDOT. aerial photographs of project area (1"=4_00'), North Carolina Division of Environmental Management (DEM) water quality classification, Soil Conservation Service (SCS) soil maps, Buncombe county, U.S. Fish and Wildlife Service (USFWS) list of protected species and N.C. Natural Heritage Program (NC-NHP) database of uncommon and protected species and unique habitats. Field surveys were conducted along the proposed project alignments on October 21, 1992. Plant communities were identified and recorded. Wildlife was identified by using a number of observation techniques, including recgonizing suitable habitat, active searching/observing and recording identifying signs of wildlife, including, sounds, tracks and burrows. 2.0 BIOTIC RESOURCES The following section is a basic description of the ecosystems encountered in the project area. This section deals with the relationships between floral and faunal components of the ecosystem(s) and is divided into Terrestrial, and Aquatic systems. Descriptions of the 2 Terrestrial systems are segmented into floral community classifications. These classifications are defined by the dominant plant species inventoried and the terrain of the area. Representative animal species which are likely to occur in these habitats are cited, along with brief descriptions of their respective "roles" within that community. For complete listings of flora and fauna which occur in Buncombe county, a composite of specific references listed in section 5.0, should be consulted. Animals that were observed during site visit are denoted by (*). 2.1 Terrestrial Communities Three plant communities occur within the project boundaries. These communities overlap each other, and are found in close proximity to Haw Creek. 2.1.1 Disturbed Roadside Along the existing roadway a densely populated Disturbed Roadside community occurs, dominated by : pokeweed little bluestem (PhYtolacca americana), fescue (Festuca sp), (Andropoaon scoparius), goldenrod (Solidaao sp.), blackberry (Rubus sp.), nightshade (Solanum sp.), horseweed (Eriaeron canadensis), cane (Arundinaria aiaantea), smooth sumac (Rhus glabra), Japanese honeysuckle (Lonicera japonica) and knottweed (Polyaonum sp.). This habitat serves primarily as a foraging habitat for various species of birds and mammals, which feed on seeds, berries and roots. These species include: the Carolina chickadee (Parus carolinensis)*, Cardinal (Cardina-is cardinalis)*, rufous-sided towhee (Pipilo erythropthalmus)*, eastern harvest mouse (Reithrodontomys humulis) and eastern cottontail (Sylvilaaus f_oridanus)*. This habitat also attracts a large number of insect species, particullary grasshoppers (Melanoplus sp.) and dragonflies (Order Odonata), which are preyed upon by various species of snakes, suzh as black racer (Coluber constrictor) and rough green snake (Opheodrys aestivus), lizards like the five-lined skink (Eumeces fasciatus), birds such as American robin (Turdus miaratorius),* and small mammals including the white footed mouse (Permyscus leucopus), northern short- tailed shrew (Blarina brevicauda) and the eastern chipmunk (Tamias striatus). Large predatory species of snakes like the eastern kingsnake (Lampropeltis getulus), birds and mammals including turkey vulture (Cathartes aura), red-tailed hawk (Buteo Jamaicensis)*, long-tailed weasel (Mustela frenata), and red fox (Vulpes vulpes),.feed on the small mammals, birds and 3 reptiles mentioned. 2.1.2 Ripaian Fringe Moving away from the existing road to the north and south, a Riparian Fringe community, borders Haw Creek. Dominate canopy species include: Sycamore (Platanus occidentalis), hickory (Carva sp.), tag alder (Acer neGundo) river birch (Betula niara) and black willow (Salix ni ra). Giant cane, linden (Tilia sp.) and sweet buckeye (Aesculus octandra), comprise the midstory layer. Virginia creeper (Parthenocissus guinauefolia), cat brier (Smilax qp) and grape (Vitis sp.) are dominante understory species. The forest floor is heavily covered with leaves and fallen branches, providing habitat for American toad (Bufo americanus)*, red salamander (Pseudotriton ruber), slimy salamander (Plethodon alutinosus) and southeastern shrew (Sorex longirostris), which live under the litter layer, feeding on various species of beetles (Order Coleoptera) ants (Order Hymenoptera ) and other insects. Other species which are associated with the forest floor are eastern woodrat (Neotoma floridana), which builds its nests from fallen leaves and twigs, eastern box turtle (Terrapene carolina), a common species feeding on plant material, insects and small animals. The woodchuck (Marmota monax)*, makes extensive burrows along the forest edge, which are used for refuge, hibernation and rearing young. Stumps, roots and tree cavities provide shelter for numerous bird and mammal species including: white breasted nuthatch (Sitta carolinensis)*, downy woodpecker (Picoides pubescens), eastern chipmunk, evening bat (Nvcticeius humera?is), grey squirrel (Sciurus carolinensis)*, and striped skunk (Mephitis meohitis). Grey treefrogs (HS?la chrvsoscelis) and spring peepers (H. crucifer), also inhabit forest trees. Predatory species likely to occur here include the red fox, eastern screech-owl (Otus asio), and copperhead (Aakistrodon contortrix). Diet of these species consists of insects, frogs, small snakes and mammals. 2.1.3 Disturbed Wet Field Bordering the riparian fringe and roadside communities on the northwest side of the existing bridge is a Disturbed Wet Field community. Numerous grass species ( family Poaceae) including purple top (Tridens flavus), and blue grass (Poa compressa) are common in this community, along with blackberry, smooth sumac, cockelbur (Xanthium strumarium var. alabratum), goldenrod and Queen Anne's lace (Daucus carota). Numerous isolated wet-seepage areas occur throughout this 4 community. Species found in these areas include: Jack in the pulpit (Arisaema triphyllum), false violet (Da_ibarda repens), carex (Carex sp.) and Avens (Geum aleppicum). The vegatation in this community is very dense and offers foraging habitat and cover for mourning dove (Zenaida macroura) and the northern bobwhite ( Colinus virainianus )*. Many of the species found in the Disturbed Roadside community occur here as well. Diversity and population densities are expected to be greater in this community. 2.2 Aquatic Communities Haw river is a relatively shallow moderately flowing stream, feeding the Swannanoa River. Numerous pools (up to 6 feet deep), created by channel bends, rocks and fallen trees, occur outside the main channel. The many rocks in the stream channel provide habitat for crayfish* (Procambarus sp. and Cambarus sp.) and salamanders including blackbelly salamander (Desmoanathus quadramaculatus)*, which are found beneath the rocks. The rocks also provide a substrate for various algal species to grow on. This provides a concentrated food source for snails, and fish species including: fantail darter (Etheostoma flabellare), northern hog sucker (Hypentelium niaricans), telescope darter (Notropis telescopes) and bigeye chub (Hvbopsis amblops). In the deeper pools of the stream, predatory fish species like flat bu?lhead catfish (Ictalurus platvicephaius), smallmouth bass (Micropterus dolomieui) and rock bass (Ambloplites ru estris), use holes and crevices created by logs and stream banks as cover. Pickeral frogs (R-=na palustris) and snapping turtles (Chelvdra serpentina) may also occur in these pools. Many terrestrial mammal and bird species are highly dependent on the aquatic system for a food source. Belted kingfishers (Creole alcvon), racoons (Procyon lotor)*, and mink (Mustela vison) feed along the stream banks on crayfish and small fish species. Many bluejays (Cyanocitta cristata)* and a prothenotory warbler (Protonotaria citrea)* were observed near the stream banks during site visit. 2.3 Anticipated Impacts: Biotic Communities Impacts to terrestrial wildlife are directly related to destruction or clearing of the plant communities and impacts to water resources. The three natural community types occuring in the project area will be cleared or altered as a result of project construction. Estimations of acerage impacted for each community type are given in Table 1. 5 TABLE 1. Anticipated Natural Community Impacts in Acres Plant Community Acres Impacted Disturbed Roadside 0.41 Riparian Fringe 1.04 Disturbed Wet Field 0.40 Additional Disturbed Roadside communities will be created along the new approachway. The section of existing road to be abandoned, should be removed, graded to natural contours and planted with native vegatatior_. This will reduce longterm losses to the biotic communities. The plant communities found along the protect alignment serve as shelter, nesting and foraging habitat for numerous species of wildlife. Individual mortalities are likely to occur to animals closely associated with the ground (snakes, small mammals, etc.), from construction machinery used during clearing activities. Displacement of faunal organisims will occur during construction activity. These animals may return to the area following construction is complete, however the amount of forested habitat will be reduced. The aquatic environment serves as a major food source for many terrestrial organisms such as raccoons, various species of snakes, birds, turtles and amphibians. It also serves as a means of predator avoidance for amphibians such as frogs and slamanders, and reptiles including snakes and turtles. Potential impacts to aquatic systems from project construction include; disturbance of benthic habitat and increasing sediment loads. Strict enforcement of sedimentation control measures and Best Management Practices (BMPs) should be observed. Benthic non-mobile organisms, such as filter and deposit feeders, and macro and micro alga, are particularly sensitive to construction activities such as dredging, filling, pile driving operations and slope stabilization. These construction activities physically disturb the attachment substrate, resulting in loss of sessile benthic forms. Effects of siltation are: reduction of light penetration, which is essential for photosynthetic species; clogging of feeding apparati of filter feeders and burial of the newly settled larvae of these organisims, thus killing them. These species are often primary producers, or primary consumers in the food chain, therefore impacts to these organisms may 6 directly effect organisms higher in the food chain. Mobile aquatic organisms are generally not directly as sensitive to siltation, however gills of fish, crustacean and larval amphibian and insect forms can become clogged with suspended particles and dysfunctional as a result of sedimentation. 3.0 PHYSICAL RESOURCES Water resources and soils within the project vicinity are described in the following subsections. 3.1 Water Resources The existing structure crosses Haw Creek about 300 feet before it flows into the Swannanoa River. S:.ream channel width of Haw Creek ranges from six to twelve feet. Average depth is between two to three feet, and up to six feet in certain areas. The stream banks are very steep, twelve feet in height and approximately twenty feet bank to bank. The substrate is primarilly rock/cobble, with a sediment layer in the slack pools. Flow rate is moderate and the water is visibly polluted with a petroleum slick. 3.1'.i Water Quality Best usage classification of Haw Creek is class C, as assigned by the North Carolina Department of Environment, Health and Natural Resources (DEHNR), 1991. Class C designates waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. The Benthic Macroinvertebrate Ambient Network (BMAN), assesses water quality by sampling for selected benthic Macroinvertabrate organisms. The species richness and overa_1 biomass are reflections of water quality. Haw Creek was r_ct sampled by BMAN, however the Swannanoa River was sampled less than one mile from the project crossing. Water quality rating has flucuateed periodically from fair to poor. The latest classification given in july 1989, was fair. The DEM National Pollutant Discharge Elimination System .(NPDES) report lists three dischargers, into the Swannanoa River just up-stream of the Haw Creek convergence. Two of these are domestic single family discharges and the other is non-contact cooling water & condensate discharged from Three Mountaineers Incorparated. The NPDES lists no sources of discharge into Haw Creek. No waters classified as High Quality Waters, Outstanding Resource Waters, WS-I, or WS-II, occur within one mile of the project area. 3.1.2 Anticipated Impacts: Water Resources Potential impacts to the Haw Creek and the Swannanoa River include: increased sedimentation and turbidity, from --- construction related erosion, and disturbance of creek bottom sediments. These effects, though temporary, can have long term impacts on the aquatic environment, which include changes in community composition, because many of these organisms are slow to recover, or repopulate an area. Strict enforcement of erosion and sedimentation control measures used during construction of this project is mandatory. The triple barrel box culvert proposed for this project should allow normal flows, and wildlife passage; however during flood stages, debris may accumulate, and thus cause inadequate flow and restrict mobility through the corridor. 3.2 Soils The majority of the soils impacted in the project area have been extensively disturbed over time and are classified as urban soils. The slopes of the stream banks are mapped as Fannin Series soils, which are well drained residuum of weathered mica, gniess and schist. Rosman Series soils occur in the floodplain on the northwest side of the project area. These soils support hydric inclusions of Toxaway. 4.0 SPECIAL TOPICS 4.1 Waters of the United States Wetlands and surface waters fall under the broad category of "Waters of the United States" as defined in 33 CFR 328.3, in accordance with provisions of Section. 404 of the Clean Water Act (33 U.S. C. 1344), which offers protection to these two groups of "Waters of the United States". The waters of Haw Creek are classified as surface waters, and are protected under Section 404 of the Clean Water Act (33 U.S. C. 1344). No wetlands or other surface waters occur in the project vicinity. 4.1.1 Permits Impacts to Waters of the United States fall under the jurisdiction of the U.S. Army Corps of Engineers (COE). A Nationwide permit 33 CFR 330.5 (A)23, is likely to be required. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in whole, or in part, by another Federal agency or department. That agency or department has determined that the activity is categorically excluded from environmental documentation, because it will neither individually nor cumulatively have a significant environmental effect. 8 A North Carolina Division of Environmental Management (DEM) Section 401 (1665) Water Quality General Certification is also required, prior to issue of the Nationwide permit #23. Final permit decisions lie with the Army Corps of Engineers. 4.1.2 Mitigation Projects authorized under Nationwide Permits do not require compensatory mitigation according to the 1989 Memorandum Agreement between the Environmental Protection Agency and the Department of the Army. 4.2 Protected Species Federal law requires that any action, which has the potential to have a detrimental impact to the survival and well being of any species classified as federally protected, is subject to review by the USFWS and/or the National Marine Fisheries Service (NMFS), under the provisions of the Endangered Species Act (ESA) of 1973, as amended. Endangered species receive additional protection under separate state statutes. In North Carolina protection of plant species falls under N.C. General statutes (G.S.) 106-202.12 to 106-202.19 of 1979. Wildlife protection falls under G.S. 113-331 to 113-337 of 1987. 4.2.1 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 of 1973, as amended. As of October 27, 1992, the USFWS lists two mammalian species and four plant species, which are federally protected, for Buncombe county. Table 2 Federally Protected Species, Buncombe County SCIENTIFIC NAME COMMON NAME STATUS Fe_is concolor cougar eastern cougar E Glaucomys sabrinus coloratus Carolina flying squirrel E Geum radiatum spreading avens E Sarracenia rubra var.ionesii moutain sweet pitcher plant E Saaittaria fasciculata) bunched arrowhead E Soiraea virainiana) Virginia spiraea T Suitable habitat for Virginia spiraea and bunched arrowhead does occur in the project area. Specific surveys for these two species were conducted and no plants were found. Brief descriptions of these species and their habitat requirements are provided below. - 9 Felis concolor cougar (eastern cougar) E Family: Felidae Date Listed: 6/4/73 The cougars historic range included eastern Canada and extended south through the Mid Atlantic region merging with the range of the Florida cougar. The hypothetical range of the eastern cougar includes all of Kentucky and North Carolina, eastern Tennessee, and northeastern South Carolina. in North Carolina the cougar is thought to occur in only a few scattered areas, possibly including coastal swamps and the southern Appalachian mountains. Populations of cougars have been tentatively identified in Great Smokey Mountain National Park, Near Unit 22 in the Natahala National Forest, the northern Uwharrie National Forest, and in the southeastern counties. The eastern cougar is a large, long-tailed cat that lacks spots. These cats measure from 2.1-2.7 m in length including the tail and weigh 68-91 kg. Cougars are tawny colored with the exception of the muzzle, the backs of the ears, and the tip of the tail, which are black. Cougar kittens are spotted and have ringed tails. The eastern cougar is found in large remote wilderness areas where there is an abundance of their primary food source, white-tailed deer, their primary food source. Cougars are also known to feed on wild pigs, wild turkeys, and domestic livestock. A cougar will usually occupy a range of 25 miles and they are most active at night. There are no remote forested areas within the project boundaries that will be impacted by project construction. The forested area in the project vicinity is broken up by the existing Interstate and agricultural development. The eastern cougar will not be impacted by this project. Glaucomvs sabrinus coloratus (northern flying squirrel) E Family: Sciurdiae Date Listed: 7/1/85 The northern flying squirrel is widely distributed in northern North America and was not Known to exist on the east coast south of New York until well into the 20th century. There are several isolated populations of the ncrthern flying squirrel in the western part of North Carolina, along the Tennessee border. These populations are in Yancey and Haywood counties and in the vicinity of Mt.Mitchell. The northern flying squirrel is a small gliding rodent, that measures 26-31 cm in total length and 95-140 gm in weight. This squirrel has a large well furred flap of skin along either side of its body, this flap of skin is connected at the wrist in the front and at the ankle in the rear. The skin flaps and its broad flattened tail allow the northern flying squirrel to 10 glide from tree to tree. It is a solely nocturnal animal with large dark eyes. Juvenile squirrels have a uniform dark grey back and an off-white underside. Adult squirrels are characteristically grey with a brownish, tan, or reddish wash on the back, and a grayish-white to buffy white underside. This squirrel is found above 5,000 feet in the vegetation transition zone between hardwood and coniferous forests. Both forest types are used to search for food and the hardwood forest is used for nesting sites. Northern flying squirrels feed on lichens, fungi, seeds, buds, fruit, staminate cones, insects, and animal flesh. The northern flying squirrel occupies tree cavities, woodpecker holes and less often leaf nests in the winter. Leaf nests are most often occupied in the summer. The inside of their nests is lined with lichens, moss, or finely chewed bark. A West Virginia study has preliminary results that show the use of burrows by northern flying squirrels. This project does not impact vegatation transition zone habitats described, nor is the elavation above 5000 feet; therefore no impacts to the Carolina northern flying squirrel will occur as a result of project construction. Geum radiatum (spreading avens) E Family: Rosaceae Federally Listed: April 5, 1990 Flowers Present: June - early July This species is found only in the Nor=h Carolina and Tennessee sections of the Southern Appalachian Mountains. Known populations in Burke County have been extirpated and populations in any other counties have shown a serious decline. Stems of this perennial herb grow from horizontal rhizomes and obtain a height of 2-5 decimeters. The stems are topped with an indefinite cyme of bright yellow radially symmetrical flowers. Basal leaves are odd-pinnately compound, terminal leaflets are kidney shaped and much larger than the lateral leaflets, which are reduced or absent. Leaflets have lobed or uneven margins and are serrate, with long petioles. Stem leaves are smaller than the basal, rounded to obovate, with irregularly cut margins. Fruits are hemispheric aggregates of hairy achenes that are 7-9mm in diameter. Spreading avens occurs on scarps, bluffs, cliffs and escarpments on mountains, hills, and ridges. Habitat requirements for this species include full sunlight, high elevations, and shallow acidic soils. The spreading avens is found in soils composed of sand, pebbles, humus, sandy loam, clay loam, and humus. Most populations are pioneers on rocky outcrops. There are no scarps, bluffs or cliffs in the project boundaries. It can be concluded that this project will not 11 impact this species. Sagittaria fascilulata (bunched arrowhead) E Family: Alismataceae ` Federally Listed: July 25, 1979 Flowers Present: April - June This plant is found in North Carolina and South Carolina. It is presently known from only one population in Henderson County, North Carolina and four populations in South Carolina. Historically it was found in seven additional locations in Henderson County along the French Broad River Valley from south of East Flat Rock north to Asheville. The bunched arrowhead is an emersed aquatic perennial herb that grows from 1.5 dm to 3 dm in height. It has spatulate leaves that stem from the base of the plant. The leaves are 3 dm long and 2 cm wide. The erect flowering stalk has both male and female flowers on it, the male being above the female. Male flowers have three reflexed sepals, three white petals, and numerous stamens with pubescent dilated filaments. Female flowers have three spreading or reflexed sepals, three white petals, and numerous separate carpels. The fruiting head is composed of numerous achenes that ascend from the stalks of the lowest whorl of flowers. The bunched arrowhead can be found in gently sloping bogs with a slow, continuous flow of cool, clean water, underlain by a clay layer. In these bogs water temperatures are variable, soil and water pHs are between 4.8 and 6.6, and water depths are constant. These plants occur naturally in shaded sites, but populations do occur in unshaded areas these populations have smaller,.less vigorous plants. Soils are characterized as sandy loams below a muck layer ranging in depth from 25-60cm. Suitable habitat occurs for this species along the shallow stream banks. A plant by plant survey was conducted along the banks, no plants were found. Construction of this project will not impact this species. Sarracenia rubra ssp. ionsii (mountain sweet pitcher plant) E Family: Sarraceniaceae Federally Listed: March 10, 1988 Flowers Present: May (late) The mountain sweet pitcher plant is found in bogs and streams in southwestern North Carolina and northwestern South Carolina. The four North Carolina populations are found in the French Broad River drainage basin in Henderson and Transylvania counties. Although this species has been reported from Buncombe County it is not known to currently survive there. This insectivorous, rhizomatous, perennial herb grows from 21 to 73 centimeters in height. It has numerous erect leaves that 12 grow in clusters. Each leaf is shaped like a hollow, trumpet shaped, almost tubular pitcher covered by a cordate hood. Pitchers are a waxy dull green color and reticulately veined with maroon-purple. The inside of the pitchers is retrorsely haired and usually partially filled with liquid and decaying insect parts. The maroon colored flowers are borne singly on erect scapes and have recurving sepals. Fruits appear in August. The mountain sweet pitcher plant is found in mountain bogs and along streamsides. This habitat is characterized by deep, poorly drained wetlands with soils that are combinations of loam, sand, and silt, with a high organic content and medium to highly acidic pH. Sites are intermittently exposed to flooding. This plant is an early successional plant that relies on drought, water fluctuation, periodic fire, and ice damage to maintain its open disclimatic habitat. The streamsides occuring in the project are well shaded and not maintained at a disclimatic state. There is no suitable habitat for this species in the project area, therefore this species will not be impacted by project construction. Soiraea viroiniana (Virginia spiraea) T Family: Rosaceae Federally Listed: June 15, 1990 Flowers Present: June - July SAi.raea Virainiana is most easily located from the late fall to the early spring when the herbaceous growth is minimal and the leaves are down," (personal commmunication Douglas Ogle, Associate Professor of Biology, Virginia Highlands Community College) Virginia spiraea is presently known from 24 locations in six different states. In North Carolina it is found on the South Fork of the New River, Ashe County, the Little Tennessee River, Macon County, the Nolichucky River, Mitchell and Yancey counties, the South Toe River, Yancey County, and the Cane River, Yancey County. It is only known from historic collections in Buncombe and Graham counties. This shrub has arching and upright stems that grow from one to three meters tall. It sprouts readily and is often found in dense clumps. The leaves are alternate and vary greatly in size, shape, and degree of serration. They are green above and usually somewhat glaucous below. The cream colored flowers occur in branched, flattoped inflorescences that are approximately ten to twenty centimeters wide. Virginia spiraea is found in a very narrow range of habitats consisting of scoured banks of high gradient streams, on meander scrolls, point bars, natural levees, or braided features of lower reaches. The scour must be sufficient to prevent canopy closure, but not extreme enough to completely remove small, woody species. This species occurs in the maximum floodplain, usually at the water's edge with various other disturbance-dependent species. it is most successful in areas with full sunlight, but can survive in shaded areas until it is released from competition. A plant by plant survey was conducted for this.species along-- the stream banks. No plants were found, therefore it can be concluded that this project will not impact Virginia spiraea. 4.2.2 Federal Candidate Species There are a total of twenty two category C2 federal candidate species listed for Buncombe county (Table 1;. Candidate 2 (C2) species are defined as taxa for which there is some evidence of vulnerability, but for which there are not enough data to warrant a listing of Endangered, Threatened, Proposed Endangered, or Proposed Threatened at this time. These species are mentioned here for information purposes, should they become protected in the future. Specific searches for any of these species was not conducted, nor were these species observed during site visit. TABLE 3. Federal Candidate Species Buncombe County 13 Sc.entific Name Common :lame Habitat myotis subulatus leibii Dendroica cerulea Clemmys muhlenberaii Cryptobranchus alleaaniensis Percina macrocephala Cambarus reburrus Phvciodes batesi Sneyeria diana Buckleva distichophvlla Calamaarostis cainii Euphorbia pur urea Gvmnoderma lineare Hexastylis contracta Jualans cinerea 3uncus trifidus carolinianus Lilium arayii Lysimachia fraseri Rudbeckia triloba var. pinnatiloba Saxifraaa caroliniana Silene ovata Hexastylis rhombiformis MonotroiDsis odorata eastern small- No footed bat cerulean warbler Yes bog turtle Yes hellbender Yes longhead darter Yes French Broad Yes stream crayfish Tawny crescent Yes butterfly Diana fritillary Yes butterIly Piratebush Yes Cane's reedgrass No Wolf's milk spurge Yes rock gnome lichen No mountain heartleaf No Butternut Yes one flowered rush No Gray's lily Yes Fraser's loosestrife Yes Pinnately-lobed brown- No eyed sunflower Gray's saxifrage No Mountain catchf ly Yes French Broad heartleaf Yes sweet pinesap No 4.2.3 State Protected Species 14 Plants or animals with state designations of Endangered (E), Threatened (T), or Special Concern (SC), are given protection by the State Endangered Species Act and the N.C. Plant Protection and Conservation Act of 1979, administered and enforced by the North Carolina Wildlife Resources Commission and the North Carolina Department of Agriculture. A search of the NC-NHP data base of rare plants and animals found no records of state protected species occurring within the project area. 401, CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. B-2516 State Project No. 8.1842601 Federal-Aid Project No. BRM-5011(4) A. Project Description: Replace Bridge XQ, 133 -on = $.1 over $,dW Creek In Asheville. Buncombe County. The subject bridge will be replaced with a triple barrel reinforced concrete culvert. Traffic is to be maintained on-site during construction. NOTE: See attached location map. Refer to Section D, "Special Project Information," for list of ENVIRONMENTAL COMMITMENTS. B. Purpose ,a Need: Bridge No. 133 should be replaced due to its age and deteorated condition. The bridge has a sufficiency rating of 10.0 compared to 100 for a new structure. The superstructure is in poor condition and has a remaining life of about 5 years. C. Proposed Improvements: Circle one or more of the following improvements which apply to the project: Tyne I Improvements 1. Non-construction activities (program activities) 2. Approval of utility installations along or across a transportation facility 3. Construction of bicycle and pedestrian lanes, paths, and facilities 4. Activities included in the State's "highway safety plan" under 23 USC 402 (programs administered by the Division of Motor Vehicles) 5. Transfer of Federal lands pursuant to 23 USC 317 when the subsequent action is not an FHWA action 6. The installation of noise barriers or alterations to existing publicly owned buildings to provide for noise reduction 7. Landscaping 8. Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices 9. Emergency repairs under 23 USC 125 (Governor Declared Emergency) 10. Acquisition of scenic easements 11. Determination of payback under 23 CFR Part 480 for property previously acquired with Federal-aid participation 1 12. Improvements to existing rest areas and truck weigh stations 13. Ridesharing activities 14. Bus and rail car rehabilitation 15. Alterations to facilities or vehicles in order to make them accessible for elderly and handicapped persons 16. Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet changes in routine demand 17. The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE 18. Track and railbed maintenance and improvements when carried out within the existing right of way 19. Purchase and installation of operating or maintenance equipment to be located within the transit facility and with no significant impacts off the site 20. Promulgation of rules, regulations, and directives. Type II Improvements 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey 2 ?Y type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit 3. Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 3 It 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. D. Special Project Information: (Including ENVIRONMENTAL COMMITMENTS) By request of the North Carolina Wildlife Resources Commission (see attached letter), consideration should be given to designing the box culvert such that one barrel carries all of the normal flow and the other two barrels carry high flows only. One barrel could be buried lower than the others, or substrate could be piled in two of the barrels to encourage the primary flow in only one barrel under normal flow conditions. No other special or unique envirommnetal commitments are proposed for this project. 4 r Replacement Structure: The replacement structure is a triple barrel 11' x 9' reinforced concrete box culvert located immediately north of the existing bridge. Traffic volumes: The current average daily traffic of 10,700 vehicles per day is expected to increase to 19,300 vehicles per day in 2013. These projections include 2% TTSTs and 3% duals. Typical Section: The roadway typical section will consist of a 24-foot travelway with 8-foot graded shoulders. Some curve widening may be needed due to the curvature of the roadway on the west approach to the structure. Maintenance of Traffic: Traffic will be maintained on-site by using a phased-construction technique. Due to the high traffic volumes and lack of a suitable detour route, traffic must be maintained on-site during construction. The traffic will be maintained on the existing structure while the culvert and approach roadway is constructed immediately north of the existing bridge. The traffic will be shifted to the new culvert section, and then the existing bridge will be removed and the culvert extended to complete the permanent roadway section. Design Sneed: A design exception may be required since the design speed is 40 MPH and NC 81 is currently posted 45 MPH. However, this project provides an improvement in the horizontal alignment of the roadway along the west approach to the structure. Access: Access to the businesses on the northeast quadrant and the access road on the northwest quadrant of the project will be maintained during construction. cost: The estimated construction cost of the bridge replacement project, as proposed, is $ 489,000, and an additional $ 432,000 will be needed for right of way acquisition. The total cost of the project, as proposed, is $ 921,000. The total estimated cost for right of way and construction, as included in the current Transportation Improvement Program, is $ 550,000. 5 E. Threshold Criteria If any Type II actions are involved in the project, the following evaluation must be completed. If the project consists only of Type I improvements, the following checklist does not need to be completed. ECOLOGICAL YES M (1) Will the project on any unique or (2) Does the project federally listed species may occu have a substantial impact important natural resource? involve habitat where endangered or threatened r? I I X IXI (3) Will the project affect anadromous fish? I I X (4) If the project involves wetlands, is the amount of permanent and/or temporary +---+ wetland taking less than one-third x I (1/3) of an acre AND have all practicable ---- ----- measures to avoid and minimize wetland takings been evaluated? (5) Will the project require the use of I I X U. S. Forest service lands? +---+ ---- (6) Will the quality of adjacent water +---+ resources be adversely impacted by I I X proposed construction activities? +---+ ---- (7) Does the project involve waters classified +---+ as Outstanding Water Resources (OWR) and/or I I X High Quality Waters (HQW)? +---+ ---- (8) Will the project require fill in waters of +---+ the United States in any of the designated ( X mountain trout counties? +---+ ---- (9) Does the project involve any known +---+ underground storage tanks (UST's) or ( I X hazardous materials sites? +---+ ---- 6 4 PERMITS AND COORDINATION ES NO (10) If the project is located within a CAMA +---+ county, will the project significantly i I X affect the coastal zone and/or any "Area +---+ ---- of Environmental Concern" (AEC)? (11) Does the project. involve Coastal Barrier I I X Resources Act resources? +---+ ---- (12) Will a U. S. Coast Guard permit be ( I X required? +---+ ---- (13) Will the project result in the modification ( I X of any existing regulatory floodway? +---+ ---- (14) Will the project require any stream ( I X relocations or channel changes? +---+ ---- SOCIA L AND ECONOMIC (15) Will the project induce substantial impacts ( I X to planned growth or land use for the area? +---+ ---- (16) Will the project require the relocation of I X any family or business? +---+ ---- (17) If the project involves the acquisition of +---+ right of way, is the amount of right of way X I I acquisition considered minor? ---- ----- (18) Will the project involve any changes in access control? (19) Will the project substantially alter the usefulness and/or land use of adjacent property? (20) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? I I X I I X I I X 7 -. YES NQ (21) Is the project included in an approved +---+ thoroughfare plan and/or Transportation X Improvement Program (and is, therefore, in ---- ----- conformance with the Clean Air Act of 1990)? (22) Is the project anticipated to cause an X increase traffic volumes? +---+ ---- (23) Will traffic be maintained during +---+ construction using existing roads, staged X I I construction, or on-site detours? ---- ----- (24) Is there substantial controversy on social, +---+ economic, or environmental grounds I I X concerning the project? +---+ ---- (25) Is the project consistent with all Federal, +---+ State, and local laws relating to the X i I environmental aspects of the action? ---- ----- CULTURAL RESOURCES (26) Will the project have an "effect" on +---+ properties eligible for or listed on the I I X National Register of Historic Places? +---+ ---- (27) Will the project require the use of Section 4(f) resources (public parks, +---+ recreation lands, wildlife and waterfowl i I X refuges, historic sites, or historic +---+ ---- bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? (28) Will the project involve construction in, +---+ across, or adjacent to a river designated I I X as a component of or proposed for inclusion +---+ ---- in the Natural System of Wild and Scenic Rivers? 8 Id F. Additional Documentation Reauired fQX Unfavorable Responses lII Part 2 (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached, as necessary.) Response ID Question -# 2 As of January 7, 1993, five species were listed as federally protected by the U. S. Fish and Wildlife Service for Buncombe County: eastern cougar Feli concolor cougar), Carolina flying squirrel _(Glaucomvs sabrinus coloratus), spreading avens LGeum radiatuml, Mountain sweet pitcher plant (Sarracenia rubs var. jonesiil, bunched arrowhead (Saaittaria fasciculatal, and Virginia spirea (Suirea yirginiana). Of the species listed for Buncombe County, suitable habitat exists for Virginia spirea and bunched arrowhead within the project area. A plant by plant survey for these two species was conducted along the stream banks at the project site on October 21, 1992. No plants were found. Therefore, it was concluded that the project will not impact these federally protected species. Response _tQ Question _# $ While the project may involve fill associated with construction of the subject project, the project is not anticipated to affect waters supporting trout species. Coordination with the North Carolina Wildlife Resources commission (see attached letter) indicates Haw Creek is not a Designated Public Mountain Trout Water nor does the creek support trout. Recommendations made by this agency will be taken into consideration during design of the culvert structure. Response U Question -4 1 The project will affect one craft store and one fruit stand. The craft store occupies two buildings, only one of which will be taken by the proposed project. The craft store employees two persons. The produce stand, which has one employee, will also be taken. (A Relocation Report is attached.) The project is not considered to have a significant impact since the project will not disrupt business services and the total number of employees affected by the proposed project is three. 9 if G. SE Approval TIP Project No. B-2516 State Project No. 8.1842601 Federal-Aid Project Noy BRM-5011(4) Replace Bridae No. 133 = . U over 11aw Creek im Asheville. Buncombe County. The subject bridge will be replaced with a triple barrel reinforced concrete culvert. Traffic is to be maintained on-site during construction. NOTE: See attached location map. Refer to Section D, "Special Project Information," for list of ENVIRONMENTAL COMMITMENTS. Cateaorical Exclusion Action Classification: (Check one) TYPE I TYPE II(A) _X_ TYPE II (B) 4-^8-73 iv, Date Aitmanager Planning & Environmental Branch ? i / 8/93 Date Projec Planning Unit Head C? D to Pro' ct Planning Engineer For Type II(B) projects only: o -3 G Date Divi on Administrator FO4 Federal Highway Administration 10 f y 41: 1.4 0 1 23 70 'qG 40 69 ` ::.....:..::: i LL '00 :: ?'•.? FPS :L 7FA/;. fi ." A:. .:: .. ?L ?.? ?. e ... ,• Emma 't`?: F • ' tia ?.: E a; q: 70 31 74 746::•, 'cr .9 ASHEVILLE C] 70 ° 3 POP. 53,583 AA 3 ° 19P ?Q US: FAU 2.0 4• 23 0 19 6 ' .. ?.. 74 81 . ? 9G 9 >> ?? Z 191 :. 4 • T ` 9i 2 0 ? ).7/ 240 i 74 9 .... 0 0 FAU Fpv b 1 / • ?qU 1 N' 40 FCA.k y .. • 2 / y . FAL ;i;;_ BILTMO 26 47 RE 191 EXT BUSBEE RE ERVOIR . ' ..1 • 4? Ali N ?' n T ? .` . 3074 'BILTMORE `• ?Q 3122 Ei w n, f 40 ti V ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Julie A. Hunkins, P. E. North Carolina Department of Transportation FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program ???rl?C DATE: March 12, 1993 SUBJECT: Scoping comments regarding impacts to trout from replacing Bridge #133 on NC 81 over Haw Creek, Buncombe County (TIP #B-2516) This correspondence responds to a request by you for our comments regarding impacts to trout from replacing Bridge #133 over Haw Creek in Buncombe County. Haw Creek is not Designated Public Mountain Trout Water nor does it support trout. Therefore, we do not believe this project will cause significant effects to waters supporting trout and we do not object to the project as proposed. The NCWRC would like to recommend that one barrel of the proposed triple barrel 111x 9' reinforced concrete box culvert be designed so that it carries all normal flow and the other two barrels carry high flows only. This will ensure that adequate water depth exists in one barrel for fish passage rather than having a thin sheet flow of water through each barrel at normal flows. One barrel could be buried lower than the others, or substrate could be piled in the high flow barrels. We would appreciate any action the NCDOT could take on this recommendation although this measure would largely benefit nongame fish species rather than trout or other gamefish. I appreciate the opportunity to provide this information request in the early planning stages of this project. Please contact me at 704/652-4257 if you have any questions regarding these comments. cc: Mr. Micky Clemmons, District 9 Fisheries Biologist Mr. David Yow, NCWRC Highway Coordinator w R E L O C A T ION R E P O R T North Carolina Department of Transportation A, 1 E.I..S. CORRIDOR _ DESIGN RELOCATION ASSISTANCE ROJECT• _,Q%Py.1Le,[_ COMITY' ?COraAg- Alternate _L of -L Alternate N,1fNer JN I . D . NO.:? F . A . PROJECT: DESCRIPTION OF PROJECT ?i?c?,p ?4 c r i?s t.z ?" ?3- -? S/ ?° ?'? 8vq c e.? h ?c. ___. __ ._ Cd vn ?y - ......... _ ...... ..................... . EST I MATED D I SPLACEE5 INCOME LEVEL. ________ Type of M i nor- - 50 LIP FDisplacee Owners Tenants Total sties 0_15M 15-25M 25-35M 35 SM - - - - - -- - - - ---- - - --------------------------- Families O ................. __...... _.................. Rusinesses VALLE OF DWELLING OSS DWELLINGS AVAILABLE ___........... _ ......................... _............. ....... 1 _._.___._..-......_.... ._._._...1150-250 Farms Owners Tenants For Sale For Rent Non-Profit o 0 0 0-20M _ $ 0-150 _ 0-20M _ $ _.._. .. ._ :..._..__ .......... .... __.^.............. ....._.._....._.._._---_..._...._...._._.___._._.......____..._.__..._...._._....._ _ `. _____ . ___. _. __...._.......... ........ ............._. ANSWER ALL QUESTIONS 20-40M _ 150-250 - 20-40M .................. ....... .... YES. NO EXPLAIN ALL "YES" ANSWERS 40-70M _ 250-400 _ 40-7DM _ 2SO-400 - I _.____-._......... ............ .............._........_. .......... ......... -s -100 400-600 - X 1. Will special relocation 70-100 400-600 _ 70 erv i ces be necessary _.............................. ...... ........................... 2. w i l l schoo I s or churches be 100 LIP _ 600 LP - 100 LIP _ 600 LIE' - ___..._ ___._:....__.._._........_._......_ ..........................._., affected by displacement 3. Will business services still TOTAL -- __._...__ __..._.._............ _ ....... ._...... .._...... be available after project 4. Will any business be dis- REMARKS (Respond by Number) placed. if so, indicate size 3 - Oh/y oa e CV 7`; -f, 4'?cr e- type, estimated number of ?r6o%c,e s „d /.s del I" a YcY <YQr X•-•••• employees) minorities, etc. 7-4 c cf w,// 11 et o?i.srup7" S. Will relocation cause a Housing shortage jS.idinrd,f S?rviC?PS , X 6. Source for available hous- ing (I ist) '?- ff cra{t ??er? qNO? 4 ?.-ao%c? .5??.?? X 7. Will additional housing qrr 6p?;n9 4-/4,e /ed 6y /`?+e ?•-ofecz?_ ... programs be needed. Tfip crF{V S/orr_ occ&PiCLr 8. Should Last Resort Housing ......... ..... ...... be considered 6? qr d -7 SOO _S'0Q.-r A-e t x 9. Are there large, disabledi wiA? wo a) e /eyper Qnc/ ro .... ............ ............. elderly, etc. families I»i?oi•i//e, r, _ ................... ANSWER THESE AL90 FOR DESIGN Ca} je P'°-/"c 10. Wi I I public housing be. T Snc? occ ????-{ needed for project 80o Syu4rC {re7' wlfq m'e ((1 ..._............ . ............ o Is public housing avai I- ............................ i able 12. Is it felt there will be ad- equate DDS housing.available •••••••••-....,. during relocation period 13. Will there be a problem of housing within financial ............ means 14. Are suitable business sites -..... ........ _. available (I i st source) 15. Number months, estimated to complete RELOCATION .._.......... ..... ..........._..._......._.. _ .................... ........ ....... _.._..- - - Relocation Agent. Date mi-m 15.4 Revised 5/90 /01Y-1 Approved Date Original & 1 Copy= State Relocatinn Agent 2 Copy: Area Relocation File