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HomeMy WebLinkAbout19960755 Ver 1_Complete File_19960812State of North Carolina Department of Environment, Health and Natural Resources • • Division of Water Quality r??.r James B. Hunt, Jr., Governor Wayne McDevitt, Secretary p E H N R A. Preston Howard, Jr., P.E., Director December 15, 1997 Jackson County DWQProject #960755 TIP No. B-3393 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 fill in 0.1 acres of wetlands or waters for the purpose of replace bridge 29 at Scott's Creek as you described in your application dated August 7, 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3127 and 3107. This certification allows you to use Nationwide Permit Numbers 6 and 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 project (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. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds (T 15A:04B .0024). 2. 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. Sin erely, Pr ston Howard, Jr. P Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Mr. John Dorney Central Files 960755/ltr 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 JAMES B. HUNT JR. GOVERNOR June 11, 1996 960634 GARLAND B. GARRETT JR. SECRETARY r U. S. Army Corps of Engineers Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 ATTENTION: Mr. Cliff Winefordner Dear Sir: M STAr( o 1 ? 'T ?r~ STATE OF NORTH CAROLINA DEPARTMENT OF TPANSPORTATION DIVISION OF HIGHWAYS P.O. BOX 25201. RALEIGH. N.C. 27611-5201 Chief, Southern Section SUBJECT: Jackson County - Replacement of Bridge No. 29 on SR 1456 over Scotts Creek; T.I.P. No. B-3393; State Project No. 8.2960501 The Categorical Exclusion document for this project is currently in preparation by NCDOT. At this time, foundation test borings are necessary in the channel and along the banks of Scotts Creek. This work will be necessary to obtain foundation information for design of the structure. We have determined that this activity may be authorized under Nationwide Permit No. 6 for Survey Activities. As this project occurs in a designated mountain trout county, review by the U.S. Army Corps of Engineers and North Carolina Wildlife Resources Commission is required. We hereby request approval of Nationwide Permit No. 6 for the proposed work. Attached herein are a project location map and pre-discharge notification form. If you have any questions, please contact Ms. Cyndi Bell at (919) 733-7844, Ext. 306. Sincerely, H. Franklin Vick, P. E., Manager, Planning & Environmental Branch HF V/mlt .J 4W cc: Mr. F. D. Martin, P. E., Division 14 Engineer Mr. Bob Johnson, DOA, Asheville Mr. David Cox, NCWRC Mr. David Yow, NCWRC Mr. W. L. Moore, III, Geotechnical Mr. John Dorney, DEM, Water Quality Section Mr. Tom Shearin, P. E., Roadway Design Mr. Kelly Barger, P. E., Program Development Mr. Don Morton, P. E., Design Services Mr. A. L. Hankins, P. E., Hydraulics Mr. John Smith, P. E., Structure Design IrF,vi iD: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): 6 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH, P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Bor. 29535 ATTN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 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: 2. Owners Address: P . n _ Rnx 29201 1 P;; pi gh , NC, 27611 Work): 919-733-3141 3. Owners Phone Number (Home): ( 4. If Applicable: Agent's name or responsible corporate official, address, phone number: H Franklin 1/irk,P F Mananar Planninn R Fnvirnnmen:L^i P-rape' 5. Location of work (MUST ATTACH MAP). County: Jackson Nearest Town or City: Addi Specific Location (Include road numbers, landmarks, etc.): Bridge No 29 on SR 1456 6. Name of Closest Stream/River: Scotts Creek 7. River Basin: little Tennesspp 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES (] NO 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO k? If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: NI/ A 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: N/A Drained: N/A Flooded: N/A Excavated: Total Impacted: N/A 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): 13. Purpose of proposed work: Structural information for bridge design 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. N/A 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 or proposed 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 [J NO[ RESPONSES FROM THE USFWS AND/OR NMFS 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 VX] 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? rural - N/A F. If applicable, what is proposed method of sewage disposal? 57wner's Signature Date I bh :i 4 z to ?t 477 x r ? u < Zw > ?ow C N v a z _ ~ ? V E... Z z O<s.< azc zw0 N? ? uozZ^ N L CA Z z W m C Z <'><< 0 cwi OeG-_7C Z'rQaC Q J ;? 1 W cvI 11 ?I XO? b"l ?I .2 a r H ,n t^f Y r h h? h r - s r r, CA Z,10 Q o . ?I i o Nti o ?I 3 , 0 o c o' ? o' M PI Pi Og rl ?- 77? r rf ^I ' dom. i or• N N R • a ? • P I • M Ilk e .?wL c ? s u ? State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Govemor Jonathan 8. Howes, Secretary A. Preston Ho ward, Jr., P.E., Direc to r APPROVAL of 401 Water Quality Certification Mr. Franklin Vick N.C. Dept. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, Nc 27611-5201 Dear Mr. Vick: A[4Own% 000% ?EHNF1 August 21, 1996 Jackson County DWQ Project # 960755 TIP#'B-3393 You have our approval to place fill material in 0.1 acres of wetlands or waters for the purpose of improving Bridge #29 on SR 1456 at Bridge 29 over SR 1456, as you described in your application dated 7 August 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 Dorsey at 919-733-1786. _ Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Mr. John Domey Central Files Sincerely, Pre n How 960755.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences 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 5FATE STATE OF NORTH CAROLINA DEPARTMENT OF TP ANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY November 21, 1997 CJ?`+ ? ? gad a US Army Corps of Engineers Q Wilmington Field Office 2 1 ?? P.O. Box 1890 Wilmington, North Carolina 228402-1890 ECii?N '! WATE U ATTENTION: Mr. Michael D. Smith, P.W.S. Assistant Chief Dear Sir: Subject: Jackson County, Replacement of Bridge No. 29 over Scotts Creek on SR 1456, Federal Project No. BRZ-1456(4), State Project No. 8.2960501, T.I.P. No. B-3393. The Corps of Engineers (COE) issued Section 404 Nationwide Permits 6 and 23 for the subject project on August 30, 1996. These permits expired on January 21, 1997. The replacement of Bridge No. 29 over Scotts Creek on SR 1456 is scheduled to be let in November 1998. Consequently, the N.C. Department of Transportation (NCDOT) needs to renew authorization for this work. Information regarding the project description has not changed since the distribution of the Categorical Exclusion document in a letter dated August 7, 1996. However, NCDOT completed an updated review of the project for potential impacts to protected species by memorandum dated August 1, 1997 which concluded that the project would have no effect on currently listed species. A copy of this memorandum is enclosed. The NCDOT requests that the COE reauthorize this bridge replacement project in Jackson County under Section 404 Nationwide Permits 6 and 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. N 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.I. 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. F. D. Martin, P.E., Division 14 Engineer Mr. William Goodwin, PE, P & E Project Planning O,,?SFA. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR DIVISION OF HIGHWAYS P.O. BOX 25201. RALEIGH. N.C. 27611-5201 August 1, 1997 MEMORANDUM TO: FROM: Wayne Elliott, Unit Head Project Planning Unit GARIAND B. GARRETT JR. SECRETARY Chris Rivenbark, Environmental Biologist C?- Permits, Mitigation, and Natural Resources Unit SUBJECT: Protected Species Review for proposed replacement of Bridge No. 29 on SR 1456 over Scott's Creek in Jackson County. T.I.P. No. B-3393, State Project No. 8.2960501, Federal-Aid Project No. BRZ-1456(4). ATTENTION: Bill Goodwin, P.E., Project Planning Engineer Project Planning Unit REFERENCE: Categorical Exclusion dated May 1996 The following memorandum provides a Protected Species Review for the proposed project. It addresses federally protected species potentially impacted by the project and serves to update the previously submitted Categorical Exclusion (CE) with respect to this issue. 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 May 2 1997, the U.S. Fish and Wildlife Service (FWS) lists seven federally protected species for Jackson County (Table 1). Since the completion of the referenced CE, Appalachian elktoe (Alasmidonta raveneliana) has been added to the list of federally protected species for Jackson County. Descriptions and biological conclusions of "No Effect" were given for the remaining six species in the referenced CE. These biological conclusions of "No Effect" remain valid. A description and biological conclusion for Appalachian elktoe is given below. Table 1. Federallv Protected S G/aucomys sabrinus coloratus Myotis sodalis Falco peregrinus A/asmidonta raveneliana for Jackson Cou Carolina northern flying squirrel E Indiana bat E peregrine falcon E Appalachian elktoe E Helonias bullata swamp pink T Isotria medeoloides small-whorled pogonia T Gymnoderma /ineare 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 that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range). Alasmidonta raveneliana (Appalachian elktoe) Endangered Animal Family: Unionidae Date Listed: 5/2/97 The Appalachian elktoe is a small mussel with a maximum length reaching up to 8.0 cm. Its shell is thin but not fragile and subovate (kidney-shaped). Juveniles of the species generally have a yellowish-brown periostracum (outer shell) while the periostracum of the adults is a dark brown in color. Rays are prominent on some shells, particularly in the posterior portion of the shell, although occasionally some individuals have only obscure greenish rays. The nacre (inside shell) is shiny, with a white to bluish-white color which changes to a salmon, pinkish, or brownish color in the central and beak cavity portions of the shell. Some specimens may be marked with irregular brownish blotches. Since the Appalachian elktoe is a rare specimen, little is known about the specifics of its biology. The mussel has been reported to propagate in the waters of relatively shallow, medium-sized creeks and in rivers with cool, moderate-to fast-flowing currents. The Appalachian elktoe has been observed in gravelly substrates often mixed with cobble and boulders, in cracks of bedrock and in relatively silt-free, coarse sandy substrates. The reproduction of the mussel is thought to be normal although the fish species which the mussel glochidia parasitizes is unknown. The populations of the Appalachian elktoe are threatened by a variety of man-made factors such as road construction and residential and commercial development. Biological Conclusion: No Effect Though suitable habitat in the form of medium-sized creeks with cool, moderate- to fast-flowing currents is present in the project area, pollution from a lumber yard that lies adjacent to the stream is likely to prohibit a successful mussel population. No mussels were found during a field survey conducted on 30 July 1997 by NCDOT biologists Chris Rivenbark, Marc Recktenwald, and Lindsey Riddick. This survey, which was conducted for one hour, included tactile in-stream searches for mussels and searches for mussel middens along streambanks. In addition, a review of North Carolina Natural Heritage Program (NCNHP) database on 7 July 1997 indicated that there is no known occurrence of Appalachian elktoe within 1.6 km (1.0 mi) of the project area. Therefore, this project will not affect this species. Federal Species of Concern and State Listed Species There are thirty Federal Species of Concern (FSC) listed for Jackson County. Federal Species of Concern are not afforded federal protection under the ESA and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Federal Species of Concern are defined as those species which may or may not be listed in the future. These species were formally candidate species, or species under consideration for listing for which there was insufficient information to support a listing of Endangered, Threatened, Proposed Endangered and Proposed Threatened. Organisms which are listed as Endangered (E), Threatened (T), Significantly Rare (SR) or Special Concern (SC) by the North Carolina Natural Heritage Program (NCNHP) list of rare plant and animal species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. Table 2 lists Federal Species of Concern and State listed species, the species state status and the existence of suitable habitat for each species in the study area. This species list is provided for information purposes as the status of these species may be upgraded in the future. Federal Candidate S Aneides aeneus green salamander E No Cryptobranchus alleganiensis hellbender SC Yes Percina squamata olive darter SC Yes Pituophis melanoleucus Northern pine snake SC No melanoleucus Cambarus reburrus French Broad crayfish SR Yes Dactyloctythere prinsi Whitewater crayfish SR Yes ostracod Speyeria diana Diana fritillary butterfly SR Yes _ Abies fraseri Fraser fir C No Cardamine clematitis mountain bittercress C Yes Carex manhartii Manhart's sedge C No Delphinium exaltatum tall larkspur E-SC No Euphorbia purpurea glade spurge C No Junglans cinerea butternut W5 Yes Lysimachia fraseri Fraser's loosestrife E Yes Monotropsis odorata sweet pinesap C No Saxifraga caroliniana Carolina saxifrage C Yes Senecio millefolium divided-leaf ragwort T No Silene ovata mountain catchfly C No Bryocrumia vivicolor gorge moss E No Cheilolejeunea evansii a liverwort C No Chiloscyphus appalachianus a liverwort C No Plagiochila caduciloba a liverwort E No Plagiochila echinata a liverwort C No Plagiochila su/livantii var. spinigera a liverwort C No Plagiochila sul/ivantii var. sullivandi a liverwort C No Plagiochila virginica var. a liverwort SR No caroliniana Plagiomnium carolinianum Carolina star-moss C No =(Mnium carolinianum) _ Schlotheimia lancifolia highlands moss T No Spenolobopsis pearsonii a liverwort C No Tortula ammonsiana Ammon's trtula E No Note: "SR" denotes Significantly Rare (a species which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction. "SC" denotes Special Concern (a species in North Carolina which requires monitoring). "E" denotes Endangered (a species whose continued existence as a viable component of the State's flora or fauna is determined to be in jeopardy, or one that is designated as a threatened species pursuant to the Endangered Species Act). ,,r denotes Threatened (a species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act). °C" denotes Candidate (a species which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction. If these species are relocated in the state, or if present land use trends continue, they are likely to be listed as Endangered or Threatened). °W5" denotes Watch Category (rare because of severe decline but not requiring active monitoring at this time) Surveys for these species were not conducted during the site visit. A review of the N.C. Natural Heritage Program data base of the rare species and unique habitats on July 7,1997 revealed no records of North Carolina rare and/or protected species in or near the project study area. cc: V. Charles Bruton, Ph.D., Unit Head, Permits, Mitigation, and Natural Resources Hal Bain, Environmental Supervisor File: B-3393 State of North Carolina Department of Environment, Health and Natural Resources 1 • • Division of Water Quality Oft James B. Hunt,Jr., Governor Jonathan B. Howes, Secretary C) FE F1 A. Preston Floward, Jr., P.E., Director July 11, 1996 Jackson County DWQ Project # 960618 TIP #B-3393 State Project No. 8.2960501 APPROVAL of 401 Water Quality Certification Mr. Franklin Vick N.C. Dept. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: You have our approval to place fill material in wetlands or waters for the purpose of constructing foundation test borings at SR 1456 over Scotts Creek, as you described in your application dated 11 June 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 Domey at 919-733-1786. Sincerely, Pe on Howar , 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 960618.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences 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 J a.. STATE OF NORTH CAROLINA DEPAUMENT OF TP ANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201 August 7, 1996 U. S. Army Corps of Engineers Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 ATTENTION: Mr. Cliff Winefordner Chief, Southern Section Dear Sir: GARLAND B. GARRETT J R. SECRETARY ft*Vw „'i dNMRI: SUBJECT: Jackson County - Replacement of Bridge No. 29 on SR 1456 over Scotts Creek, T.I.P. No. B-3393; State Project No. 8.2960501 The North Carolina Department of Transportation proposes to replace the existing structure on new alignment, along with associated approach improvements. Traffic will be maintained on the existing bridge throughout construction. This project is being processed as a Categorical Exclusion in accordance with 23 CFR 771.115(b). We expect to proceed with this project under a Nationwide Permit in accordance with 33 CFR 330 Appendix A (B-23) issued November 22, 1991, by the U. S. Army Corps of Engineers. The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of this project. The proposed work may involve up to 0.1 acre of till in jurisdictional wetlands. Scotts Creek is designated as a Wild Public Mountain Trout Water by the N. C. Wildlife Resources Commission. All work in or adjacent to the stream will be completed in a dry work area. Sandbags, rock berms, coffer dams, or other diversion structures will be used where possible to prevent excavation in flowing water. All in-stream work will be limited to the immmediate vicinity of the proposed bridge to reduce the possibility of disturbance to the natural form of the stream channel. Construction shall be accomplished so that wet concrete does not contact stream water. In order to protect trout eggs and fry, in-stream work will not be undertaken between January 1 and April 15. E) ?, -A4V t ,0- .. 14 - f r 2 Foundation investigations will be required include test borings in soil and/or rock for in-site laboratory testing. This may require test borings work may be authorized under Nationwide Perpl 'n,,tfiis,proje t. The investigation will xstyng as well as obtaining samples for f the streaVey is anticipated that this No. 6 for Activities. In accordance with current procedure or pro' s located in the designated trout counties, the concurrence of WRC must be obtame prior to construction. By copy of this letter, we hereby request that WRC review the proposed project and provide any comments they find necessary. A copy of the CE document is included for the WRC review. Please note the special construction conditions included in the Summary of Environmental Commitments. Thank you for your assistance. If you have any questions, please call Cyndi Bell at (919) 733-7844, Extension 306. Sincerely Franklin Vick, P. E., Manager, Planning and Environmental Branch HFV/mlt Attachment cc: Mr. Steve Lund, COE, NCDOT Coordinator Mr. David Yow, WRC, Asheville Mr. John Dorney, DWQ Mr. Kelly Barger, P. E., Program Development Mr. Don Morton, P. E., Highway Design Mr. A. L. Hankins, P. E., Hydraulics Mr. William Rogers, P. E., Structure Design Mr. Tom Shearin, P. E., Roadway Design Mr. F. D. Martin, P. E., Division 14 Engineer Mr. Bill Goodwin, P. E., Planning & Environmental Jackson County, Bridge No. 29 on SR 1456 Over Scotts Creek Federal Aid Project BRZ - 1456(4) State Project 8.2960501 TIP Project B-3393 CATEGORICAL EXCLUSION U. S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N. C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: 5- 9 -96 Date Date Nicholas L. Graf, P. E. ivision Administrator, FHWA H. Franklin Vick, P. E., Manager Planning and Environmental Branch Lt' •, Jackson County, Bridge No. 29 on SR 1456 Over Scotts Creek Federal Aid Project BRZ - 1456(4) State Project 8.2960501 TIP Project B-3393 CATEGORICAL EXCLUSION May 1996 Documentation Prepared in Planning and Environmental Branch By: William T. Goodwin, Jr., P. E. Project Planning Engineer tiCn y / Wayne Elliott Bridge Project Planning Engineer, Unit Head 3--g-14 Lubin V. Prevatt, P. E., Assistant Manager Planning and Environmental Branch tt%11n111J11i,. .%``? ? CARO( •o•oooop••••% •? ? .•• F ASS /p ?? 9 SEA! 2106 GN?•? G 0 ``?s. w Jackson County, Bridge No. 29 on SR 1456 Over Scotts Creek Federal Aid Project BRZ - 1456(4) State Project 8.2960501 TIP Project B-3393 L SUMMARY OF PROJECT The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 29 in Jackson County. This bridge carries SR 1456 (Addie Mine Road) over Scotts Creek (see Figure 1). NCDOT includes this bridge in the 1996-2002 Transportation Improvement Program (TIP) as a bridge replacement project. NCDOT and the Federal Flighway Administration MMA) classify this project as a federal Categorical Exclusion. These agencies expect no notable environmental impacts. NCDOT will replace Bridge No. 29 on new alignment just east of the existing bridge, as shown in Figure 2. NCDOT recommends replacing the existing bridge with a new bridge. The new bridge will have a 6.6 meter (22 foot) wide travelway with a 1.0 meter (3 foot) offset on each side and a 1.5 meter (5 foot) sidewalk on the east side, for a total structure width of 10.1(33 feet) meters. The new bridge will be approximately 37 meters (121 feet) in length. The new roadway approaches will have a 6.6 meter (22 foot) wide travelway plus a minimum of 1.8 meter (6 foot) shoulders. Shoulders will be 1.0 meters (3 feet) wider where guardrail is warranted. The proposed structure and roadway will be at approximately the same grade as the existing roadway. The completed project will provide a design speed of approximately 60 km/h (40 mph). The estimated cost is $890,000 including $ 90,000 for right of way acquisition and $ 800,000 for construction. The estimated cost included in the 1996-2002 TIP is $ 240,000. IL ANTICIPATED DESIGN EXCEPTIONS NCDOT may need a design exception due to the low design speed for this project caused by the horizontal alignment. III. SUMMARY OF PROJECT COMMITMENTS All standard procedures and measures will be implemented to avoid or minimize environmental impacts. All applicable Best Management Practices will be installed and properly maintained during project construction. Foundation investigations will be required on this project. The investigation will include test borings in soil and/or rock for in-site testing as well as obtaining samples for laboratory testing. This may require test borings in the stream. Scotts Creek in the project vicinity is a designated public mountain trout stream. The proposed replacement structure will be a two span structure if site hydrology and structure requirements allow. If not the structure will be a typical three-span bridge. This will reduce in stream work and possible disturbance of the streambed to a minimum. All work in or adjacent to stream water will be completed in a dry work area. Sandbags, rock berms, coffer dams, or other diversion structures will be used where possible to prevent excavation in flowing water. All in stream work will be limited to the immediate vicinity of the proposed bridge to reduce the possibility of disturbance to the natural form of the stream channel. Any concrete used in construction of the proposed structure will be contained in a dry work area to prevent direct contact with stream water during concrete curing. Uncured concrete affects water quality and is toxic to fish and other organisms. In stream work for the proposed project will not be undertaken between January I and April 15. During this period trout eggs and fry would be vulnerable to mortality from sedimentation. This project must be reviewed under section 26(a) of the Tennessee Valley Authority (TVA) Act. The final bridge plans, hydraulic analysis of the effects of the replacement structure on the 100-year flood elevation, and notice of compliance with the Historic Preservation Act of 1966 will be forwarded to TVA for approval under Section 26(a). In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." A Corps of Engineers Nationwide Permit # 23 will likely be applicable for this project. A North Carolina Division of Environmental Management (DEM) Section 401 Water Quality General Certification will be obtained prior to issue of the Corps of Engineers Nationwide Permit # 23. IV, EXISTING CONDITIONS NCDOT classifies SR 1456 as a local route in the Statewide Functional Classification System. The surrounding area is a mixture of forested mountainous terrain and relatively level residential sites. Also in the area are a school, a proposed school site, and a lumber yard. Southern Railway also has tracks crossing SR 1456 just north of Bridge No. 29. South of Bridge No. 29, SR 1456 is a two lane road, 5.5 meters (18 feet) wide with grassed shoulders. North of Bridge No. 29, SR 1456 is a 2 lane paved road, 5.5 meters (18 feet) wide with grassed shoulders. Vertical alignment in the immediate area is acceptable, while horizontal alignment is poor along both approaches. 2 NCDOT reconstructed Bridge No. 29 at it's present location in 1961. The bridge has an asphalt overlay surface over a timber deck on a high steel truss system (see Figure 3). It is 31.7 meters (104 feet) long with a 5.2 meter (17 foot) roadway width. The deck of Bridge No. 29 is 6.1 meters (20 feet) above the streambed. Water depth is approximately 1.0 meter (3 feet) in the project area. Bridge No. 29 has posted load limits of 26 tons for single vehicles and 32 tons for Truck-tractor Semi-trailer (TTST). The bridge has a height restriction of 4.2 meters (13.67 feet). According to Bridge Maintenance Unit records, the sufficiency rating of Bridge No. 29 is 54.5 of a possible 100.0. However, the bridge is functionally obsolete. The Jackson County School Board proposes to construct a new elementary school just south of Bridge No. 29. While the existing bridge could continue to serve the existing traffic needs for several years, it will not be capable of supporting the traffic needs of the proposed school. The small size of the structure opening, both vertical and horizontal, will restrict or possibly prohibit school busses from using the existing bridge. Also, the increase in traffic will hasten the deterioration of this aging structure. Since a truss structure of this type can not be widened, replacement is the only option for eliminating this restriction of traffic movement. The current traffic volume is 50 vehicles per day (VPD); however, this number should increase to 600 VPD once the proposed school is opened. The traffic volume will increase to 800 VPD by the design year (2020). Traffic Engineering Accident Records indicate one accident occurred in the vicinity of Bridge No. 29 between October 1, 1991 and September 30, 1994. The Transportation Director for Jackson County Schools has indicated that there will be between 8 and 12 school bus crossings daily (4 to 6 buses crossing once in the morning and afternoon.), once the proposed school is in operation. V. RECOMMENDED Il"ROVEMENTS NCDOT will replace Bridge No. 29 on new alignment, as shown in Figure 2. Traffic will be maintained on the existing bridge during construction. NCDOT will replace Bridge No. 29 with a new bridge. The new bridge will have a 6.6 meter (22 foot) wide travelway with a 1.0 meter (3 foot) offset on each side and a 1.5 meter (5 foot) sidewalk on the east side, for a total structure width of 10.1 (33 feet) meters. The new bridge will be approximately 37 meters (121 feet) in length. The completed project will provide a design speed of approximately 60 km/h (40 mph). The new approaches will have a 6.6 meter (22 foot) wide travelway plus 1.8 meter (6 foot) shoulders. If the design requires guardrail, additional shoulder width will be provided. The new roadway approaches will be at approximately the same grade as the existing roadway. Placement of a sidewalk on the bridge is justifiable, since the structure provides a direct connection [and the only connection] between the planned school and a high-density residential area. NCDOT recommends the studied alternate because it replaces a functionally obsolete bridge in the most economical and environmentally responsible manner. It allows traffic to be maintained on-site while the new bridge is constructed. It also eliminates the height restriction associated with the existing bridge. A culvert alternate was originally considered but found to be inadequate from a hydraulic standpoint. No acceptable off-site detour route is available, so road closure alternates were not feasible. South of Scotts Creek, SR 1456 becomes a narrow winding road as it traverses some rather mountainous terrain enroute to US 23/US 74 approximately 1.8 kilometers (1.1 miles) south of the creek. Replacement in place would not have addressed the poor horizontal alignment issue. Replacement to the west would not have addressed the poor horizontal alignment issue and would have involved considerably more construction in the creek. A westward alternate would also involve right-of-way impacts to a lumber yard located just west of the bridge on the north bank of the creek. The "do-nothing" alternate is not practical. The existing bridge would continue deteriorating until it was unusable. This would require closing the road, or continued intensive maintenance. Also, the existing bridge can not meet the traffic demands of the proposed school. The division engineer concurs with the recommendation of the studied alternate, and the decision to maintain traffic on-site. NCDOT expects utility conflicts to be low for this project. The only utilities in the project area are overhead power and telephone lines which cross Scotts Creek above the existing bridge. The cost of moving these utilities however, accounts for approximately half of the right-of-way cost for this project. Right-of-way needed within the proposed school site is to be donated. VI, COST ESTIMATE Estimated cost of the alternate studied is as follows: Recommended Alternate Structure $ 380,000 Roadway Approaches $ 280,000 Structure Removal $ 40,000 En 'neerin & Contingencies $ 100,000 Total Construction $ 800,000 Right of Way & Utilities $ 90,000 TOTAL PROJECT COST $ 890,000 4 VII. ENVIRONMENTAL EFFECTS A. General Environmental Effects The project is expected to have an overall positive impact. Replacement of a functionally obsolete bridge will result in safer traffic operations. The project is considered to be a "categorical exclusion" due to its limited scope and insignificant environmental consequences. The bridge replacement will not have a substantial adverse effect on the quality of the human or natural environment with the use of current NCDOT standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulation. Jackson County is a participant in the National Flood Insurance Regular Program. The proposed structure is not expected to adversely affect existing floodplain conditions. The studied crossing of Scotts Creek is within a designated flood hazard zone, but not included in the detailed flood study. The proposed bridge replacement project will not have any significant adverse effect on the existing floodplain. Construction of the studied alternate will not increase the 100-year flood elevation by more than 30 centimeters ( 12 inches). Construction of the recommended alternate will not place significant amounts of fill in the floodpWn area. No adverse effect on families or communities is anticipated. Right-of-way acquisition will be limited. No adverse effect on public facilities or service is expected. The project is not expected to adversely affect social, economic, or religious opportunities in the area. There are no publicly owned parks, recreational facilities, or wildlife and waterfowl refuges of national, state, or local significance in the vicinity of the project. B. Historic Architectural and Archaeological Resources Architectural Resources The SHPO has indicated that "in terms of historic architectural resources, Bridge No. 29 is the only structure over fifty years of age in the area of potential effect for the project. We recommend that an architectural historian with the NCDOT evaluate the bridge for National Register eligibility." [See SHPO memo dated January 19, 1995.] The bridge was evaluated and determined to be a standard Pratt Through truss design and not considered to be eligible for listing in the National Register of Historic Places. The SHPO concurs with the determination that existing Bridge No. 29 is not eligible for the National Register. [See SHPO memo dated March 14, 1996.] Archaeological Resources The SBPO has indicated that there are no known archaeological sites in the project area, and that no previously unknown sites are likely to be found. Therefore, SBPO has recommended no archaeological investigations in connection with this project. The FHWA has determined that an archaeological survey is not required based on this input. C. Natural Systems Physical Resources Jackson County lies in the mountain physiographic region. The topography of Jackson County is characterized by mountains with steep slopes and sharp crests. The average elevation throughout the project area is 609.7 meters (2000.0 feet) above mean sea level. Soils There is one soil type in the immediate project area. Udorthents-Urban land complex (UtB publication symbol) soils are found in the project vicinity. These soils have 0-5 percent slopes and are rarely flooded. Water Resources Waters Impacted and Characteristics The proposed project is located at the confluence of Scotts Creek and its tributary Ochre Hill Creek. Both creeks are located in the Little Tennessee River Basin. The headwaters of Scott Creek are located near the Blue Ridge Parkway. The creek flows approximately 13.0 kilometers (8.0 miles) to its confluence with Fisher Creek and ultimately into the Tuckasegee river near Webster. Ochre Hill Creek originates south of US 23/US 74 and meanders northwesterly for approximately 2.4 kilometers (1.5 miles) to its confluence with Scotts Creek. Characteristics of Scotts Creek at the project crossing are as follows. The creek is approximately 0.6-0.9 meters (2.0-3.0 feet) deep and 3.0-4.0 meters (9.0-12.0 feet) wide. The substrate consists of gravel, cobble and boulder. The flow of the creek is fast and there is no aquatic vegetation in the project vicinity. Ochre Hill Creek is approximately 0.3 meters (1.0 feet) deep and 1.2 meters (4.0 feet) wide in the vicinity of the project. The substrate consists of gravel, cobble and boulders. The flow is moderate to fast and no aquatic vegetation was observed during the site visit. 6 Best Usage Classification Streams have been assigned a best usage classification by the Division of Environmental Management (DEM). Scotts Creek is designated as class C, TR in the vicinity of the project area. Class C uses are defined as secondary uses such as aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. The TR rating denotes Trout Waters which are suitable for natural trout propagation and maintenance of stocked trout. Ochre Dill Creek has a classification of C, from its source to its confluence with Scotts Creek. Neither High Quality Waters (HQW), Water Supplies (WS-1 or WS-II), nor Outstanding Resource Waters (ORW) occur within 1.6 kilometers (1.0 miles.) of project study area. Water Quality The Benthic Macroinvertebrate Ambient Network (BMAN) is managed by the DEM and is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program assesses water quality by sampling for selected benthic macroinvertebrate organisms at fixed monitoring sites. Macroinvertebrates are sensitive to very subtle changes in water quality; thus, the species richness and overall biomass are reflections of water quality. There is no BMAN information available for Scotts Creek or Ochre Hill Creek. Point Source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination Service (NPDES) program. Any discharger is required to register for a permit. There are four registered dischargers for Scotts Creek: Lewis Oil Co., Jackson Paper Manufacturing Co., Sylva Waste Water Treatment Plant and Jackson County Schools. Summary of Anticipated Impacts Replacing an existing structure in the same location with a road closure during construction is almost always preferred because it poses the least risk to aquatic organisms and other natural resources. Bridge replacement on new alignment usuzlly results in more severe impacts due to clearing and grubbing in the construction area. Impacts associated with this project will be associated with new alignment. Project construction may result in a number of impacts to water resources such as: • Increased sedimentation and siltation from construction and/or erosion. • Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. Alteration of water levels and flows due to interruptions and/additions to surface and ground water flow from construction. • Changes in water temperature due to vegetation removal. • Increased concentration of toxic compounds from highway runo$ construction and toxic spills. 7 Recommendations: • Sedimentation Control guidelines and Best Management Practices will be implemented prior to construction and maintained throughout the life of the project. • Non-point sediment sources will be identified and efforts made to control sediment runoff. Biotic Resources Terrestrial Communities Three distinct terrestrial communities were identified in the project study area: Piedmont/Low Mountain Alluvial Forest, Pasture and Maintained. Many faunal species are highly adaptive and may populate the entire range of terrestrial communities discussed and may not be mentioned for each community located. Piedmont/Low Mountain Alluvial Forest Community - The canopy of the piedmont/Low Mountain Alluvial Forest is composed of sycamore, black walnut, box elder and black locust. The subcanopy consists primarily of black cherry, red maple and buckeye. Spicebush, black alder, multifloral rose, poison ivy, jewelweed, golden ragwort and bitter cress are also common. Japanese grass is abundant throughout the project vicinity. The Piedmont/Low Mountain community provides habitat for an assortment of birds and mammals. Birds often associated with riverside communities include red-winged blackbird, white-throated sparrow, song sparrow and northern cardinal. Yellow-rumped warblers, hooded warbler and common yellowthroat may also be found in this community. Yellow warbler, red- eyed vireo, Carolina wren and mourning dove were observed during the site visit. A major predator commonly found in bottomlands and alluvial forests is the Barred owl. Mammals which may frequent the rivers edge include white-footed mouse, raccoon and woodchuck. In addition, white-tailed deer and gray squirrel may also forage in the Piedmont/Low Mountain Alluvial Community. Amphibians and reptiles are likely to be locally abundant in the community adjacent to the river. Spring peeper and upland chorus frog breed in semi-permanent pools during the spring. Two-lined salamander and mountain dusky salamander are found in or near woodland streams. Rat snake, worm snake, ring-necked snake and queen snake may be found here as well. Snapping turtle and box turtle may also occur along alluvial flood plains. Copperheads and timber rattlesnakes are important predators of small mammals inhabiting the alluvial forest. Pasture - The pasture is located on the south of bridge no. 29 and east of SR 1456. This community is dominated by fescue and Kentucky bluegrass mixed with an assortment of forbs, shrubs and scattered trees. The few trees found in this community during the site visit include: black walnut, black cherry, box elder, black locust and buckeye. Spring vetch, red clover, 8 bulbous buttercup, chickweed and curly dock are also found in the pasture community. Japanese honeysuckle and multifloral rose are scattered but kept low growing due to grazing and/or mowing. Most of the birds and mammals mentioned previously may also wander into the maintained community occasionally. Red-winged blackbird, song sparrow and white-throated sparrow may all be observed in this area. Woodchuck, cottontail rabbits, meadow vole and raccoon will also find refuge and/or forage in this community. Rat snakes will forage in this community on occasion. In addition, meadowlark and eastern bluebird may be observed perching on telephone wires or fences overlooking the pasture. The red-tailed hawk is an important predator known to forage in the pasture community. Maintained Community - The maintained community exists along the roadside both north and south of bridge no. 29. This community is periodically mowed or otherwise maintained by NCDOT road maintenance crews. Japanese honeysuckle, multifloral rose, fescue, black cherry, curly dock, spring vetch and bulbous buttercup are common in this community. The faunal composition of the maintained roadside community is very similar to the adjacent pasture. Eastern bluebird, eastern meadowlark, song sparrow and white throated sparrow are all common in the maintained community. Cottontail rabbits and black snake may also find suitable habitat in this community. There is a direct relationship between animal use of the roadside habitat and those animals which become "road kills" as a result of highway use. Aquatic Community Both Scott Creek and Ochre Dill Creek will be impacted by the proposed project. Physical characteristics of the water bodies and conditions of the water resource reflect faunal composition of the aquatic communities. Terrestrial communities adjacent to a water resource also greatly influence aquatic communities. The bank on the south side of Scott Creek is wooded and shallow. The north side of Scott Creek is steeper, and eroded somewhat. There is a large saw mill operation adjacent to the north creek bank. A variety of biological organisms utilize the mountain stream community. Brook trout, rainbow trout and brown trout are stocked in Scotts Creek by the Wildlife Resources Commission. The central stoneroller, whitetail shiner, watpaint shiner and blacknose dace may be present. These fish feed on detritus and algae and serve as prey for small mouth bass and redbreast sunfish. Northern water snake, northern dusky salamander and green frog may also be present. The banks of the smaller Ochre Creek are approximately 0.9 meters (3 feet) tall in the vicinity of the proposed project. The banks are vegetated and show little sign of serious erosion. Some fish typically inhabiting small mountain streams include: warpaint shiner, central stoneroller 9 and blacknose dace. In addition, invertebrates such as crayfish, scuds and a diversity of aquatic insects may inhabit these waters serving as prey for larger organisms. Summary of Anticipated Impacts Construction of the subject project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. This section qualifies and quantifies impacts to the natural resources in terms of area impacted and ecosystems affected. Temporary and permanent impacts are considered here as well. Calculated impacts to terrestrial resources reflect the relative abundance of each community present in the study area. Project construction will result in clearing and degradation of portions of these communities. Table 1 summarizes potential quantitative losses to these biotic communities, resulting from project construction. Estimated impacts are derived using the entire proposed right of way of 20.0 meters (65.6 feet). Usually, project construction does not require the entire right of way; therefore, actual impacts may be considerably less. Table 1 Estimated Impacts to Biotic Communities rnXrnainvrrv IMPACTS Alluvial Forest 0.10 (0.20) Pasture 0.12 (0.31) Maintained 0.15 (0.38 Totals 0.37 (0.95) Note: Values cited are in hectares (acres). Permanent impacts to terrestrial communities will occur in the form of habitat reduction in the process of clearing, grading and surfacing during road construction. Some animals such as rabbits and birds build their nests in roadside cover. Road construction will destroy foraging and nesting habitat for some species, while actually improving habitat for others, especially grass eating rodents like voles and cotton rats. Ground dwellers and slow moving organisms will decrease in numbers in the wake of highway construction. Many mobile species may be permanently displaced as a result of project construction. It is anticipated that permanent and temporary impacts to aquatic communities will occur from increased sedimentation, increased light penetration and loss of habitat. Sedimentation covers benthic organisms inhibiting their abilities to feed and obtain oxygen. Filter feeders may be covered by the sedimentation, thus preventing their ability to feed. Increased sediment loads and suspended particulates can lead to the smothering of fish eggs, reduced depth of light penetration in the water column, reduction of dissolved oxygen and alterations in water temperature. Increased light penetration from removal of stream side vegetation may also increase water temperatures. Warmer water contains less oxygen and results in a reduction of aquatic life dependent on high oxygen concentrations. 10 Jurisdictional Topics Waters of the United States Surface waters and wetlands fall under the broad category of "Waters of the United States", as defined in Section 33 of the Code of Federal Register (CFR) Part 328.3. Wetlands, defined in 33 CFR 328.3, are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated conditions. Any action that proposes to place fill into these areas falls under the jurisdiction of the US Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). Characteristics of Wetlands and Surface Waters Potential wetland communities were evaluated using the criteria specified in the 1987 "Corps of Engineers Wetlands Delineation Manual". For an area to be considered a "wetland", the following three specifications must be met; 1) presence of hydric soils (low soil chroma values), 2) presence of hydrophytic vegetation, and 3) evidence of hydrology, including; saturated soils, stained leaf litter, oxidized rhizospheres, matted vegetation, high water marks on trees, buttressed tree bases and surface roots. Less than 0.1 acres of jurisdictional wetlands are located within the project area. The wetland is associated with a seepage area and is located south of the existing bridge and east of SR 1456 adjacent to the pasture. The soil color in the wetland is 10 YR 4\2. Evidence of hydrology at the time of the site visit included signs of flow and standing water. Plant species with wetland indicator status include: elderberry (FACW-), soft rush (FACW+) and jewelweed (FACW). The Division of Environmental Management (DEM) has instituted a numerical rating system from 0-100 to gauge wetland quality. The fourth version of the rating system assesses wetlands on the basis of water storage, bank/shoreline stabilization, pollutant removal, aquatic life, recreational and educational values of a wetland community. The DEM rating for this wetland is 21. This wetland is described by the National Wetlands Inventory Classification system as PEMIH (Palustrine Emergent Persistent Permanently flooded). Summary of Anticipated Impacts The construction of the proposed project will impact jurisdictional wetlands in the study area. Anticipated wetland and surface water impacts are derived using the entire right of way. The amount of impacts will likely be less due to conditions outlined by the COE, DEHNR, and North Carolina Wildlife Resources Commission (NCWRC) during issuance of permits necessary for project construction. The amount of wetland and surface water impacts may be modified by any changes in roadway parameters and or criteria. 11 These impacts can affect the functions that wetlands perform in an ecosystem. Wetlands influence regional water flow regimes by intercepting and storing storm runoff which ultimately reduces the danger of flooding in surrounding and downstream areas. It is documented that wetlands function to remove organic and inorganic nutrients and toxic materials from water that flows across them. Wetlands adjacent to roadways can act as filters which remove pollutants and toxins from stormwater runoff. Less than 0.10 acre of jurisdictional wetland impacts are anticipated. Permits Since the project is classified as a Categorical Exclusion (CE) a Nationwide Permit 33 CFR 330.5 (a)(23) is likely to be applicable for proposed construction. This permit authorizes any activities undertaken, assisted, authorized, regulated, funded or financed, in whole or in part, by another federal agency or department has determined pursuant to the Council on Environmental Quality regulation for implementing the procedural provisions of the National Environmental Policy Act, that the activity, work, or discharge is Categorically Excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment and the office of the Chief of Engineers has been furnished notice of the agency's or department's application for the CE and concurs with that determination. In addition, the project is located in a designated "trout" county where NCDOT is required to coordinate with the N.C. Wildlife Resources Commission. Final permit decision rests with the Corps of Engineers. A Section 401 General Water Quality Certification is required for any activity which may result in a discharge and for which a federal permit is required. State permits are administered through the Department of Environment, Health and Natural Resources (DEHNR). Mitigation The COE has adopted through the Council on Environmental Quality (CEQ) a wetland mitigation policy which embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological, and physical integrity of Waters of the United States, specifically wetlands. Mitigation of wetland impacts has been defined by the CEQ to include: Avoiding impacts (to wetlands), minimizing impacts, rectifying impacts (40 CFR 1508.20). Each of these three aspects (avoidance, minimization and compensatory mitigation) must be considered sequentially. Avoidance - Avoidance mitigation examines all appropriate and practical possibilities of averting impacts to Waters of the United States. According to a 1990 Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE, in determining "appropriate and practical" measures to offset unavoidable impacts, such measures 12 should be appropriate to the scope and degree of those impacts and practical in terms of cost, existing technology and logistics in light of overall project purposes. Some impacts to Waters of the United States will occur as a result of the proposed project. Minimization - Minimization includes the examination of appropriate and practical steps to reduce the adverse impacts to Waters of the United States. Implementation of these steps will be required through project modifications and permit conditions. Minimization efforts should be implemented when practical. These efforts may involve any or all of the following: decreasing the footprint of the proposed project through the reduction of median width, ROW widths, fill slopes and/or road shoulder widths. Compensatory Mitigation - Compensatory mitigation is not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible. It is recognized that "no net loss of wetlands" functions and values may not be achieved in each and every permit action. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts which remain after all appropriate and practicable minimization has been required. Compensatory actions often include restoration, creation, and enhancement of Waters of the United States. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site. Authorizations under Nationwide Permits usually do not require compensatory mitigation according to the 1989 MOA between the EPA and the COE. Final decisions concerning compensatory mitigation rests with the COE. Rare and Protected Species Some populations of fauna and flora have been in the process of decline either due to natural forces or their inability to coexist with man. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally-protected, be subject to review by the Fish and Wildlife Service (FWS). Other species may receive additional protection under separate state laws. Federally-Protected Species Plants and animals with federal classifications of Endangered (E), i hreatened (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 March 28, 1995, the FWS lists the following federally-protected species for Jackson County (Table 2). A brief description of each species characteristics and habitat follows table 2. 13 Table 2. Federally-Protected Species For Jackson County Scientific Name rnmmon Name Status Falco pergg,u_s Glaucomvs sabrinus 1 r s Myotis sodalis Isotria medeoloides Helonias hullata Chmoderma linear peregrine falcon E Carolina northern flying E squirrel Indiana Bat E small whorled pogoma T Swamp Pink T rock gnome lichen E "E" denotes Endangered (a species that is threatened with extinction throughout all or a significant portion of its range). "T" denotes Threatened (a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range). Falco Qerarinus (Peregrine falcon) E Animal Family: Falconidae Date Listed: 3/20/84 Distribution in N.C.: Avery, Brunswick, Burke, Carteret, Dare, Hyde, Jackson, Madison, New Hanover, Rutherford, Surry, Transylvania, Wilkes, Yancey 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. The American peregrine falcon is found throughout the United States in areas with high cliffs and open land for foraging. Biological Conclusion: No Effect Based on extensive in-house and field investigation of the study area it has been determined that suitable nesting habitat does not exist within the immediate project area. This does not preclude the possibility that the falcon may forage in the vicinity of the proposed project. However, project construction will not affect foraging opportunities in the study area. 14 Glaucomvs sabrinus coloratus (northern flying squirrel) E Animal Family: Sciurdiae Date Listed: 7/1/85 Distribution in N.C.: Avery, Buncombe, Graham, Haywood, Jackson, McDowell, Mitchell, Swain, Transylvania, Watauga, Yancey The Carolina northern flying squirrel has a large well furred flap of skin along either side of its body. This furred flap of skin is connected at the wrist in the front and at the ankle at the rear. The skin flaps and its flattened tail allow the northern flying squirrel to glide from tree to tree. There are several isolated populations of the northern flying squirrel in the western part of North Carolina, along the Tennessee border. This squirrel is found above 1517 meters (5000 feet) in vegetation transition zone between hardwood and coniferous forests. Biological Conclusion: No Effect Based on extensive in-house and field investigations of the project study area it has been determined that suitable habitat does not exist for the Carolina northern flying squirrel. In addition, the proposed project is located at an elevation of 609.0 meters (2000 feet) above mean sea level and does not meet the 1517 meters (5000 feet) requirement of this animal. Mvotis sodalis (Indiana bat) E Animal Family: Vespertilionidae Date Listed: 3/11/67 Distribution in N.C. Jackson, Mitchell, Rutherford, Swain Adult Indiana bats are the smallest bats found in western North Carolina. Several characteristics can be used to distinguish them from other bats; the hair on the feet is short and does not extend past the tips of the claws, and the calcar (cartilaginous spur from the bats heel which helps support tail or interfemoral membrane) is keeled. The Indiana bats dorsal fur is brown in color and the ventral fur is lighter with a cinnamon hue. The range of the Indiana bat centers around cavernous limestone regions in the eastern United States. The Indiana bat has different summer and winter habitat requirements. Winter habitat is in caves and abandoned mines that usually has standing water on the floor. The bats migrate to the winter habitat between September and November; they stay there with occasional periods of activity until they emerge in mid-March to early May. Hibernation only occurs in regions where winter temperatures are stable and are around four degrees Celcius. Little is known of the summer habitat of the Indiana bat, it is thought that they disperse throughout there range and spend the summer foraging alone over streams or along forest margins. They have been found under loose bark on dead and living trees along small to medium-sized streams. 15 Biological Conclusion: No Effect Based on extensive in-house and field investigations of the project study area it has been determined that suitable roosting habitat does not exist within the immediate project area. This does not preclude the possibility that the Indiana bat may forage in the area. However, project construction will not affect foraging opportunities in the project area. Isotria med+ eoloides (Small whorled pogonia) E Plant Family: Federally Listed: Distribution in N.C. Orchidaceae September 10, 1982 Burke, Haywood, Henderson, Jackson, Macon, Surry Small whorled pogonia is a perennial orchid having long pubescent roots and a hollow stem. Stems terminate in a whorl of five or six light green, elliptical leaves that are somewhat pointed. One or two light green flowers are produced at the end of the stem. Flowers of small whorled pogonia have short sepals. The small whorled pogonia grows in "second growth deciduous" or deciduous-coniferous forests, with an open canopy, open scrub layer, and sparse herb layer. It prefers acidic soils. Flowering is inhibited in areas where there is relatively high scrub coverage or high sapling density. Biological Conclusion: No Effect Suitable habitat does not exist within the proposed project area. Therefore, no impacts to small whorled pogonia will result from project construction. H 1 ni bullata (Swamp pink) T Plant Family: Liliaceae Federally Listed: September 9, 1988 Flowers Present: May (first half) Distribution in N.C.: Henderson, Jackson, Transylvania. Swamp pink is a perennial plant that grows from tuberous rhizomes. It has lance-shaped, smooth, evergreen leaves that grow in basal rosette. Swamp pink has a hollow stem that is topped with a short, dense, spike-like raceme of pink or purplish flowers. The North Carolina populations of swamp pink are limited to bogs in the southern Appalachian in Transylvania, Jackson, and Henderson counties. Swamp pink is found freshwater wetland areas including spring seepages, swamps, bogs, meadows, and along the margins of meandering streams. Soils where this plant occurs are described as being slightly acidic (pH: 4.2- 4.9), having a thin layer of decomposed organic matter, underlain by a black to dark gray silt loam 16 that is slightly sticky, with many small roots and fine mica chips. Populations are found in areas with varying amounts of shade but populations in open areas are less vigorous due to increased competition from other species. Biological Conclusion No Effect This project was visited on May 4, 1995 during the plant's flowering season. All suitable habitat in the project vicinity was carefully studied on a plant by plant basis. Swamp pink was not found during the site visit. Therefore, no impacts to swamp pink will result from project construction. Gvmnoderma lin re (Rock gnome lichen) E Plant Family: Cladoniaceae Federally Listed: December 28, 1994 Distribution in N.C.: Ashe, Avery, Buncombe, Graham, Haywood, Jackson, Mitchell, Rutherford, Swain, Transylvania, Yancey. The rock gnome lichen is a squamulose lichen in the reindeer moss family. The lichen can be identified by its fruiting bodies which are born singly or in clusters, black in color, and are found at the tips of the squamules. The fruiting season of the rock gnome lichen occurs from July through September. The rock gnome lichen is a narrow endemic, restricted to areas of high humidity. These high humidity environments occur on high elevation (>1220 meters/4000 feet) mountaintops and cliff faces which are frequently bathed in fog or lower elevation (<762 meters/2500 feet) deep gorges in the Southern Appalachians. The rock gnome lichen primarily occurs on vertical rock faces where seepage water from forest soils above flows at (and only at) very wet times. The rock gnome lichen is almost always found growing with the moss Adr in these vertical intermittent seeps. The major threat of extinction to the rock gnome lichen relates directly to habitat alteration/loss of high elevation coniferous forests. These coniferous forest usually he adjacent to the habitat occupied by the rock gnome lichen. The high elevation habitat occurs in the counties of Ashe, Avery, Buncombe, Graham, Haywood, Jackson, Mitchell, Rutherford, Swain, Transylvania, and Yancey. Biological Conclusion: No Effect Based on extensive in-house and field investigations it has been determined that suitable habitat does not exist in the immediate project area for the rock gnome lichen. In addition, the proposed project is located at an elevation of 609.0 meters (2000 feet) and does not meet the elevation requirements this plant. 17 r D. Air Quality and Traffic Noise The project is located in Jackson County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR part 51 is not applicable, because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. The project is an air quality "neutral" project, so a project level CO analysis is not required. The impact on air quality will be insignificant. If the contractor disposes of vegetation by burning, all burning shall be done in accordance with applicable local laws and regulations of the North Carolina SIP for air quality in compliance with 15 NCAC 2D.0520. This evaluation completes the assessment requirements of the 1990 Clean Air Act amendments and the National Environmental Policy Act. The project requires no additional reports. The project will not significantly increase traffic volumes. Therefore, it will have no significant impact on noise levels. Temporary noise increases may occur during construction. E. Farmland The Farmland Protection Policy Act requires all federal agencies or their representatives, to consider the impact of land acquisition and construction projects on prime and important farmland soils. These soils are determined by the U.S. Soil Conservation Service (SCS) based on criteria such as crop yield and level of input of economic resources. The SCS was asked to determine whether the alternative under consideration will impact prime or important farmland soils. According to the SCS, the proposed sn alleamount of land but the impact area to be converted is The project will result in the conversion of a wooded and void of agricultural uses. VIII. CONCLUSIONS Based on the above discussion, NCDOT and FHWA conclude that the project will cause no significant environmental impacts. Therefore, the project may be processed as a Categorical Exclusion. WTG/plr 18 a `? L ] a N LL z a y a CL. Q N Y ? Q az 3 OW w a z Q z2C7p ?Nv 00yen 0. ° I ?FLa ou,0" O S' U_ O U zz U' Um N U c M p- U S'r ?zrnzz Q < m> Z??a? g 21 ni 'Is bh N [h N r. ?I hl h h n ? s a, 1 i 1.10 IV. O b cn ro- 'n C4 K vl v > ?I 3 cif ? • • . Y _ ?? / 1 a I 1 • ; a • / • 1 <I ?, 1 Zs' al - i ^I ?i ^ ? -33?u° \? ? •y `=fig/ 6 ° a. to 49. vl? ?-r C ? \.a ? ? " u O ?? u Ol oe' ALVIII 7.1 H r f r ,„1 ,.? M I i 1 `•I ap?,9 yp?M,c, F I ?? I i `? I r w +? Cb I i 1rI {f. ?• ; { ..aye r`, ( r1 8'. 1 .° ?? I .CI O G a i har ! d a ? .?' p y d '+i`' «1 O C3 N V M Q ca Z uML ? p OA ? ? V] Ra r 7r' ,? Z H A fs+ ? O ,, .. N o ? N?pt? ? jtt i`S I I ! t, 1 115 ? 1'4; `?, iI'?` t,.• I '?' ?°7}•1?P4{M)!i S I ?,t ?i:f( 'tl I? :.? ,; 4? ? ?, ?I.6 3 ,, ? :?'???t , , ?Ci I .,". rP77t"++rCyy 1??? • ;? +" ? r . r i +? 1 f i I Ob\ f i *? , 1 ','?? F^?)?? - ?' ? ,?' 1, • I rl l ? y"t' t ?` ' I ?V ?19 All t A, ? IV l V r +, 1 t, ? • ti k • ? _ r+ r ? ?'y? ? r •• ,?3 t a (? CA v 1 4 141q. y?y? I ?r { t 11 I?? •?: j ??t l I I *Ilktl .; "it Vitt (e, J. Jr ;t. ?.av. n ?It?? 4 r ,, } ? it¢?,t,? ,tpt, i. ?y` • 1?,, , _ I yr t 5'l?e rl? pl C ?4 -r?r+?"y?Hl ! ??? ? .Jr.t d!'1 I... I '?r ° .'A` ,pIF3a I , 'I: r.f*C"' . t( ,r1 tc t IT, t''1 / '? , 1I 5 1 ;(ap Y? la i ? t ?,? v 1 . } Y\ , '} Z? 1 L iy? \ 7 a Ilt Appendix A / s North Carolina Department of Cultural Resources James B. Hunt, Jr., Governor Betty Ray McCain, Secretary January 19, 1995 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Replace Bridge 29 on SR 1456 over Scott's Creek, Jackson County, B-3393, ER 95-7975 Dear Mr. Graf: P cE,? JAN 2 3 1995 Division o chivf1\At91 ii§tJAY WilliarniNp. ctor, ??` ?ROnti On January 10, 1995, Debbie Bevin of our staff met with North Carolina Department of Transportation (NCDOT) staff for a meeting of the minds concerning the above project. We reported our available information on historic architectural and archaeological surveys and resources along with our recommendations. NCDOT provided project area photographs and aerial photographs at the meeting and for our use afterwards. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms of historic architectural resources, Bridge #29 is the only structure over fifty years of age in the area of potential effect for the project. We recommend that an architectural historian with the NCDOT evaluate the bridge for National Register eligibility. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend' that no archaeological investigation be conducted in connection with this project. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our comments. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. 109 East Jones Street • Raleigh, North Carolina 27601-2807 0 Nicholas L. Graf January 19, 1995, Page 2 i Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sin ly, David Brook Deputy State Historic DB:slw/ cc: PH. F. Vick B. Church T. Padgett 44-6-k Preservation Officer METAL TRUSS BRIDGE EVALUATION TIP NO. R ?393 COUNTY Jackson BRIDGE NO. 29 LOCATION On SR 1546 over, ,S'cott.s C'r•eck SPAN(S) Pratt Through 1. CRITERION A To be eligible under Criterion A. a bridge must fall into one or morc of the following categories: • A bridge that prc-dntcs the State HiglmaN Commission (established in 1915) and ?sas built on one of the states major transportation corridors. No. The first bridge at a crossing to sene traffic on one of the routes designated as state highways in 1921. \'o. • A briduc built at a critical crossing on one of the states maJor transportation corridors. \'o. A bridge that is spcci(icalls associated %Nith significant residential. conrrnercial. or industrial dc\ clopmcni or expansirnL \ Integrity. Does the bridge possess sufficient integriu to support its significance under Criterion A? 11 CRITERION C To be eli gible under Criterion C. a bricigc must score four (4) or morc points. Catc4on Max. Points Score A. Builder and/or Desianer 1. Known. important in cNolution of truss technology 3 2. Kno\\ it. prolific builder or NC compam 2 3 Knossn 1 4. Unknossn 0 0 B. Geometn/Configuration (Statewide significance) 1. Range: 1-6 remaining 2 2. Range: 7-15 remaining I 3. Rangc: 16 or more t) 0 C. Gcontetn/Configuration (Local significance) 1. Range: 1-2 remaining 2 2. Range: 3-5 remaining I / 3. Range: 6 or more I) D. Technological features 2 E. Decoratis c features 1 0 TOTAL POINTS 10 3 pts. Inte-rit . Does the bridge possess sufficient intcgrity to support its significance under Criterion C? B-2640 Memo Page 2 March 1, 1996 1. Under no circumstances should rock, sand, or other materials be dredged from the stream channel under authorization of this permit, except in the immediate vicinity of the culvert. Channel relocations have catastrophic effects on aquatic life, and disturbance of the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting adjacent land owners. All work in or adjacent to stream waters should be completed in a dry work area. Sandbag or rock berms, coffer dams, or other diversion structures should be used where possible to prevent excavation in flowing water. Grading and backfilling should be minimized, and tree and shrub growth should be retained if possible to ensure long term availability of shoreline cover for gamefish and wildlife. 4. Adequate sedimentation and erosion control measures must be implemented and maintained on the project site to avoid impacts to downstream aquatic resources. All disturbed soils should be stabilized with ground cover within 15 working days of grading. 5. If concrete is used during construction of piers and abutments, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Uncured concrete affects water quality and is toxic to fish and other organisms. 6. Instream work should not be scheduled for the period between January 1 and April 15, when trout eggs and fry would be vulnerable to mortality from sedimentation. Thank you for the opportunity to provide input in the early planning stages for this project. If I can further assist your office, please contact me at (919) 528-9886. DC/dy cc: Micky Clemmons, District 9 Fisheries Biologist Bill Goodwin, Project Planning Engineer, NCDOT .n y ? I 1 ' ,w SfAi( ? w C North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Division of Archives and History Betty Ray McCain, Secretary Jeffrey J. Crow, Director March 14, 1996 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Replace Bridge No. 29 on SR 1456 over Scott's Creek, Jackson County, B-3393, Federal Aid Project BRZ-1456(4), State Project 8.2960501, ER 96-8499 Dear Mr. Graf: Thank you for your letter of March 7, 1996, transmitting the metal truss bridge evaluation for the above project. We concur that Bridge No. 29 is not eligible for the National Register of Historic Places. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, baVid Brook Deputy State Historic Preservation Officer DB:slw/ cc: P14. F. Vick B. Church 109 East Jones Street - Raleigh, North Carolina 27601-2807 VED SING & Ev`??O 4 g?? " f , % 9 North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: H. Franklin Vick, P. E., Manager Planning and Environmental Branch N. C. Department of Transportation FROM: David Cox, Highway Project C di for Habitat Conservation Program DATE: March 1, 1996 SUBJECT: Request for scoping comments, Bridge No. 29 on SR 1456 over Scotts Creek, Jackson County, North Carolina, TIP No. B-3393. This memorandum responds to your request for our concerns regarding impacts on fish and wildlife resources resulting from the subject project. The N. C. Wildlife Resources Commission (NCWRC) has reviewed the proposed project, and our comments are provided in accordance with provisions of the North Carolina Environmental Policy Act (G.S. 113A-1 et seq., as amended; 1 NCAC 25). The proposed work involves replacement of an obsolete roadway bridge. We anticipate that a spanning structure will be required for the site, given the size of the existing bridge. Scotts Creek is managed for trout by the NCWRC. Construction impacts on fisheries and wildlife resources will depend on the extent of disturbance in the stream bed and surrounding floodplain areas. Environmental documentation for this project should include description of any wetlands and waters on the project site and surveys for any threatened or endangered species that may be affected by construction. Because Jackson County is a "trout water county", the NCWRC anticipates review of the environmental document for this project when a 404 permit application is submitted to the Corps of Engineers. The following conditions to the 404 permit are likely to be recommended: B-2640 Memo Page 2 March'l, 199' 1. Under no circumstances should rock, sand, or other materials be dredged from the stream channel under authorization of this permit, except in the immediate vicinity of the culvert. Channel relocations have catastrophic effects on aquatic life, and disturbance of the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting adjacent land owners. 2. All work in or adjacent to stream waters should be completed in a dry work area. Sandbag or rock berms, coffer dams, or other diversion structures should be used where possible to prevent excavation in flowing water. Grading and backfilling should be minimized, and tree and shrub growth should be retained if possible to ensure long term availability of shoreline cover for gamefish and wildlife. 4. Adequate sedimentation and erosion control measures must be implemented and maintained on the project site to avoid impacts to downstream aquatic resources. All disturbed soils should be stabilized with ground cover within 15 working days of grading. If concrete is used during construction of piers and abutments, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Uncured concrete affects water quality and is toxic to fish and other organisms. Instream work should not be scheduled for the period between January 1 and April 15, when trout eggs and fry would be vulnerable to mortality from sedimentation. Thank you for the opportunity to provide input in the early planning stages for this project. If I can further assist your office, please contact me at (919) 528-9886. DC/dy cc: Micky Clemmons, District 9 Fisheries Biologist Bill Goodwin, Project Planning Engineer, NCDOT N ? ? V APPENDIX B SUMMARY OF PROJECT COMMITMENTS All standard procedures and measures will be implemented to avoid or minimize environmental impacts. All applicable Best Management Practices will be installed and properly maintained during project construction. Foundation investigations will be required on this project. The investigation will include test borings in soil and/or rock for in-site testing as well as obtaining samples for laboratory testing. This may require test borings in the stream. Scotts Creek in the project vicinity is a designated public mountain trout stream. The proposed replacement structure will be a two span structure if site hydrology and structure requirements allow. If not the structure will be a typical three-span bridge. This will reduce in stream work and possible disturbance of the streambed to a minimum. All work in or adjacent to stream water will be completed in a dry work area. Sandbags, rock berms, coffer dams, or other diversion structures will be used where possible to prevent excavation in flowing water. All in stream work will be limited to the immediate vicinity of the proposed bridge to reduce the possibility of disturbance to the natural form of the stream channel. Any concrete used in construction of the proposed structure will be contained in a dry work area to prevent direct contact with stream water during concrete curing. Uncured concrete affects water quality and is toxic to fish and other organisms. In stream work for the proposed project will not be undertaken between January I and April 15. During this period trout eggs and fry would be vulnerable to mortality from sedimentation. This project must be reviewed under section 26(a) of the Tennessee Valley Authority (TVA) Act. The final bridge plans, hydraulic analysis of the effects of the replacement structure on the 100-year flood elevation, and notice of compliance with the Historic Preservation Act of 1966 will be forwarded to TVA for approval under Section 26(a). In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." A Corps of Engineers Nationwide Permit # 23 will likely be applicable for this project. A North Carolina Division of Environmental Management (DEM) Section 401 Water Quality General Certification will be obtained prior to issue of the Corps of Engineers Nationwide Permit # 23.