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HomeMy WebLinkAbout19970642 Ver 1_Complete File_19970724STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATIC l ISSLE[ JAMES B. HUNT JR. P.O. 60X25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON GOVERNOR SECRETARY June 25, 1998 U. S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, North Carolina 28801-5006 Attention: Mr. Steve Lund NCDOT Project Coordinator Dear Sir: `h -JI WETUNDS GROUP i FR_. UALQ eN.._ _-.- Subject: McDowell County, Replacement of Bridge No. 317 over Cove Creek on SR 1267; F raTAid Project-Ne B,RZ-1267(1), State Project No. 8.28 0901; TIP No. B-2999; DOE Action ID 199707315; DWQ # 9---- The North Carolina Department of Transportation (NCDOT) received authorization from the Corps of Engineers (COE) under a Section 404 Nationwide Permit 6 (Survey Activities) to conduct foundation investigations for the proposed bridge replacement (COE Action ID 199707315; DWQ # 970642). Along with the pre- construction notification for this nationwide permit, the NCDOT sent a copy of the project planning report, a Categorical Exclusion (CE). The project involves replacing Bridge No. 317 over Cove Creek on SR 1267. The bridge will be replaced on existing location with a triple barrel (10 ft. X 8 ft.) reinforced box culvert. The invert of the box culvert will be placed one foot below the stream bed. During project construction, traffic will be maintained using an on-site temporary detour south of the existing bridge (see Figure 2 of the document). No jurisdictional wetlands will be impacted by the subject project. The project is being processed by the Federal Highway Administration (FHWA) as a "Categorical Exclusion" (CE) in accordance with 23 CFR 771.115(b). Therefore, the NCDOT does not anticipate requesting a Section 404 Individual Permit but proposes to not proceed under a Section 404 Nationwide Permit 23 in accordance with 33 CFR 330 Appendix A (B-23) issued December 13, 1996, by the COE. The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. The NCDOT anticipates that 401 General Water Quality Certification (WQC) for an approved CE will be applicable to this project. A copy of the CE document was provided to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, with the Section 404 Nationwide Permit 6 application. The NCDOT requests that the COE authorize the bridge replacement under a Section 404 Nationwide Permit 23. Application is also made for the appropriate 401 General WQC for this project. If you have any questions or need any additional infonnation, please contact Mr. Phillip Todd of my staff at (919) 733-7844, Extension 314. Sincerely, David C. Robinson, Ph.D., P.E., Assistant Manager Planning and Environmental Branch cc: Mr. David Franklin, COE, Wilmington Mr. John Dorney, Division of Water Quality, Raleigh Mr. William Rogers, P.E., Structure Design Mr. Mark Davis, WRC, Waynesville Mr. Whit Webb, P.E., Program Development Mr. Len Hill, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. Tom Shearin, P.E., Roadway Design Mr. W. D. Smart, P.E., Division 13 Engineer State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director A N?W'A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 7, 1998 McDowell County DWQ Project 970642 APPROVAL of 401 Water Quality Certification Mr. David Robinson NC DOT PO Box 25201 Raleigh, NC 27611-5201 Dear Mr. Robinson: You have our approval, in accordance with the attached conditions and those listed below, for the purpose of performing a geotechnical study in McDowell County, as you described in your application dated June 2, 1998. After reviewing your application, we have decided that this impact is covered by General Water Quality Certification Number 3127. This Certification allows you to use Nationwide Permit Number 6 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 for a new certification. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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. 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 conforming 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. S' rely ,-? ston Howard, Jr. P. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Mr. John Domey Central Files 970642.1tr 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 September 8, 1991 IN REPLY REFER TO Regulatory Branch Action ID No. 199707193 and Nationwide Perm-it No. 23 (Approved Categorical Exclusions); TIP No. B-2999. Mr. Frank Vick State of North Carolina sr/? ??v?G Department of Transportation FNS/n IS -- Planning & Environmental. Branch yk, I99, Post Office Box 25201 oe? Raleigh, North Carolina 27611-5201 Qc?, S Dear Mr. Vick: Reference your application of July 21, 1997, for Department of the Army (DA) authorization to replace Bridge #317, on SR 1267, over Cove Creek, near Whitehouse, in McDowell County, North Carolina. The bridge will be replaced on existing location with a triple barrel (10 ft. by 8 ft.) reinforced box culvert. During project construction, traffic will be maintained using an on- site detour south of the existing bridge using four 84-inch CMP's. As a result of the project, there will be a minimal adverse effect on the waters of Cove Creek and no wetlands will be impacted. Short term impacts will be minimized by the implementation of NCDOT's Best Management Practices for Protection of Surface Waters. This project has been coordinated with the North Carolina Wildlife Resources Commission. For the purposes of the Corps of Engineers' Regulatory Program, the "December 13, 1996 Federal Register, Final Notice of Issuance, Reissuance, and Modification of Nationwide Permits (61 FR 65874)" listed nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for activities undertaken, assisted, authorized, regulated, funded or financed, in whole or in part, by another Federal agency or department where that agency or department has determined, pursuant to the Council on Environmental Quality (CEQ) Regulation for the Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR Part 1500 et seq.), 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 (ATTN: CECW-OR) has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Division of Water Quality (NCDWQ). You should contact Mr. John Dorney, telephone (919) 733-1786, regarding water quality certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. 2 This verification will be valid for two (2) years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. This verification will remain valid for the two (2) years if, during that period, the nationwide permit is reissued without modification or the activity complies with any subsequent modification. If during the two (2) years, the nationwide permit authorization expires or is suspended or revoked, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced or are under contract to commence, in reliance upon this nationwide permit, will remain authorized. This is provided the activity is completed within twelve (12) months of the date of the nationwide permit's expiration, modification or revocation. We have evaluated potential impacts of your activity, and we have determined that your proposal will not affect any endangered species. When you have completed your work and any required mitigation, please sign and return the enclosed certification form. If you have any questions, please contact Mr. Steve Chapin of the Asheville Regulatory Field Office at (704) 271-4014. Sincerely, Robert W. Johnso4 , Office Manager Asheville Regulatory Field Office Enclosures Copies Furnished (without enclosures): Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director 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 Dear Mr. Vick: ?EHNF? August 1, 1997 McDowell County WQC 401 Project #970642 TIP #B-2999 State Project No. 8.2870901 You have our approval, in accordance with the attached conditions, to place fill material in waters for the purpose of replacing Bridge No. 317 on SR 1267, as you described in your application dated 21 July 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3127. This Certification allows you to use Nationwide Permit Number 6 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. Also 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. 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). For this approval to be valid, you must follow the conditions listed in the attached certification. 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. Sincerely, o4Howar , In P.E Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Mr. John Domey Central Files 970642.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper i 5Uit, 'M STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GovF..RNOR P.O. BOX 25201. RALEI(i1 I. N.C. 27611-5201 July 21, 1997 U. S. Army Corps of Engineers Regulatory Field Office ?? P.O. Box 1890 Wilmington, North Carolina 28402-1890 ATTN: Mr. Cliff Winefordner Chief, Southern Section Dear Sir: 970642 GARLAND B. GARRE-I-T JR S LC RETARY SUBJECT: McDowell County, Replacement of Bridge No. 317 over Cove Creek on SR 1267; Federal Aid Project No. BRZ-1267(1), State Project No. 8.2870901; TIP No. B-2999. Attached for your information is a copy of the project planning document for the subject project prepared by the North Carolina Department of Transportation (DOT) and signed by the Federal Highway Administration (FHWA) on October 10, 1996. The project involves replacing Bridge No. 317 over Cove Creek on SR 1267. The bridge will be replaced on existing location with a triple barrel (10 ft. X 8 ft.) reinforced box culvert. The invert of the box culvert will be placed one foot below the stream bed. During project construction, traffic will be maintained using an on-site temporary detour south of the existing bridge (see Figure 2 of the document). No jurisdictional wetlands will be impacted by the subject project. As noted in the Categorical Exclusion (CE) prepared for the subject project, foundation investigations will be needed for this project. It is anticipated that this activity may be authorized under a Section 404 Nationwide Permit 6 (Survey Activities). This work would not require notification if not for the fact that this project lies in a mountain trout county. The CE documents in the environmental commitments that an archeological survey for the project will be completed prior to right-of-way acquisition. This survey has been conducted and the report sent to the State Historic Properties Office (SHPO). 9 The survey found no involvement of significant archaeological resources, and the SHPO concurrence letter is attached. Enclosed is a project site map, as well as a completed preconstruction notification form for a Section 404 Nationwide Permit 6 and 401 Water Quality Certification. These permits are necessary for survey work within Cove Creek. The DOT is also requesting that the NC Wildlife Resources Commission provide comments to the Corps of Engineers concerning this permit request. The DOT understands that written concurrence from the Division of Water Quality (DWQ) for 401 Water Quality Certification (No. 3127) is not required, although a copy is enclosed for their records. General conditions of this 401 Water Quality Certification will be followed. As noted, copies of the CE will be distributed with this permit application. The DOT plans to apply for a Section 404 Nationwide Permit 23 and appropriate 401 Water Quality Certification at a date closer to bridge replacement. If you have any questions or need any additional information, please contact Mr. Phillip Todd at (919) 733-7844 extension 314. Sincerely, H. Franklin Vick, PE, Manager Planning and Environmental Branch HFV/pct cc: Mr. Bob Johnson, COE, Asheville Mr. John Dorney, Division of Water Quality Mr. William Rogers, P.E., Structure Design Ms. Stephanie Goudreau, WRC, Marion Mr. Kelly Barger, P.E., Program Development Mr. Don Morton, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. Tom Shearin, P.E., Roadway Design Mr. W. D. Smart, P.E., Division 13 Engineer Mr. Bill Moore, Geotechnical Unit Mr. Jim Buck, P.E., Planning & Environmental DEM ID: CORPS ACTION ID: T.I.P. No. B-2999 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) NWP 6 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: NC Dept. of Transportation; Planning & Environmental Branch 2. MAILING ADDRESS: Post Office Box 25201 SUBDIVISION NAME: CITY: Raleigh STATE: NC ZIP CODE: 27611 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME): (WORK): (919) 733-3141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: H. Franklin Vick, P.E., Manager 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: McDowell NEAREST TOWN OR CITY: Whitehouse 1 USGS Quadrangle Map - Sugar Hill SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Exit 81 off I-40, South on SR 1001 to SR 1267 6. IMPACTED OR NEAREST STREAM/RIVER: Cove Creek RIVER BASIN: Broad 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [x] NO [ ] IF YES, EXPLAIN: Has C Tr rating by NCDWQ. 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [x] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [x] NO [ ] IF YES, DESCRIBE ANTICIPATED WORK: Section 404 Nationwide Permit No. 23 for Bridge Replacement. 2 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0 acre 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0 EXCAVATION: FLOODING: DRAINAGE: OTHER: TOTAL ACRES TO BE IMPACTED: 0 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: N/A FT AFTER: WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): Geotechnical survey equipment for foundation investigations. 13. PURPOSE OF PROPOSED WORK: Foundation investigations for new bridge. FT 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY 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) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF 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. DATE CONTACTED: March 26, 1996 See Appendix of CE (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: Concurrence from in Appendix of CE 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [x] NO [] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [x] NO [ ] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [xl NO [ ] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS SO FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. 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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Agricultural uses and rural single family residences. f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. ? '1? - //L OWNER'S/AGENT'S SIGNATURE 1 9 DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) TATEow r t North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secrets May 6, 1997 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge 317 over Cove Creek, McDowell County, Federal Aid Project BRZ-1267(1), State Project 8.2870901, TIP B-2999, ER 97-8967 Dear Mr. Graf: Division of Archives and History kffrey J. Crow, Director 1 ? rr ' AlQ R z °47 ?? HIG Thank you for your letter of April 10, 1997, transmitting the archaeological survey report by John Mintz concerning the above project. During the course of the survey one site was located within the project area. Mr. Mintz has recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since this project will not involve significant archaeological resources. 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, David Brook Deputy State Historic Preservation Officer DB:slw cc: H F. Vick J. Mintz OD, 109 East Jones Street • Raleigh, North Carolina 27601-2807 McDowell County SR 1267 Bridge No. 317 Over Cove Creek Federal-Aid Project No. BRZ-1267(1) State Project No. 8.2870901 T.I.P. No. B-2999 CATEGORICAL EXCLUSION U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: /o DA E H. Franklin Vick, P.E., Manager Planning and Environmental Branch, NCDOT /6//, lq& DATE Nichol 6s L. Graf, P.E. ?? Division Administrator, FHWA McDowell County SR 1267 Bridge No. 317 Over Cove Creek Federal-Aid Project No. BRZ-1267(1) State Project No. 8.2870901 T.I.P. No. B-2999 CATEGORICAL EXCLUSION SEPTEMBER 1996 Document Prepared by Wang Engineering Company, Inc. n i k C l Pamela R. Williams ?'?? pFESS?py:y9 Project Engineer SEA! . ' 7521 ' CZJames Wang, Ph.D., P.E. S. J. ?1 ON President 1j1111""" 0 For North Carolina Department of Transportation L. Gail G imes, P. Unit Head Consultant Enginee ing Unit N- m Buck, P.E. roject Planning Engineer SR 1267 Bridge No. 317 Over Cove Creek McDowell County Federal-Aid Project No. BRZ-1267(1) State Project No. 8.2870901 T.I.P. No. B-2999 Bridge No. 317 is included in the North Carolina Department of Transportation 1997-2003 Transportation Improvement Program. The location is shown in Figure 1. No substantial impacts are anticipated as a result of this action. The project is classified as a Federal "Categorical Exclusion." 1. SUMMARY OF ENVIRONMENTAL COUIPOITMENTS All Standard procedures and measures, including NCDOT's Best Management Practices for Protection of Surface Waters, will be implemented, as applicable, to avoid or minimize environmental impacts. 2. An archeological survey will be conducted in the area of potential effect of the project prior to right-of-way acquisition. II. SUMMARY OF RECOMMENDATIONS Bridge No. 317 will be replaced on existing alignment as shown in Figure 2. It will be replaced with a triple barrel 3.0 m x 2.4 m (10 ft. x 8 ft.) reinforced concrete box culvert. The culvert will provide for a 6 meter (20 ft.) travelway with 0.6 meter (2 ft.) shoulders on each side. The roadway grade at the culvert will be approximately the same as the existing bridge grade at this location. Traffic will be maintained on-site with a temporary detour during the construction period. The estimated cost, based on current prices, is $386,000 including $36,000 for right-of-way and $350,000 for construction. The estimated cost of the project, as shown in the 1997-2003 Transportation Improvement Program, is $220,000 including $20,000 for right-of-way and $200,000 for construction. III. EXISTING CONDITIONS SR 1267 is functionally classified as a local route and land use is primarily agricultural in the general vicinity of the bridge. Bridge No. 317 is located in southern McDowell County just north of the Rutherford County Line. Located directly off of SR 1001, the existing bridge crosses Cove Creek providing access to a small community center. Near the bridge, SR 1267 has a 4 meter (13 ft) gravel travel width with no shoulders. The horizontal alignment is tangent at the bridge on the north and south approaches. The vertical alignment is relatively level. The roadway is approximately 2.2 meters (7.2 ft.) above the creek bed. The projected traffic volume is 74 vehicles per day (vpd) for 1997 and 104 vpd for the design year 2017. The volumes include one percent truck-tractor semi-trailer (TTST) and two percent dual-tired vehicles (DT). The speed limit is not posted and assumed to be 90 kmh (55 mph) at the project site. The existing bridge was built in 1960 (Figure 3). The superstructure consists of timber floor on steel I-beams, supported by timber caps on timber piles partially encased in concrete. The overall length of the bridge is 12.5 meters (41 ft). The clear roadway width is 5.2 meters (17.1 ft). The posted weight limit is 9.08 metric tons (10 tons) for single vehicles and 11.80 metric tons (13 tons) for truck-tractor semi-trailers. Bridge No. 317 has a sufficiency rating of 46.3, compared to a rating of 100 for a new structure. This low rating warrants replacement of the bridge. There are no public sewer or water lines in the project area. Overhead telephone lines cross the bridge from the northeast to northwest corner. These lines are buried on each side approaching the bridge. No accidents were reported on the bridge during the period from April 1, 1992 to March 31, 1995. No school buses cross Bridge No. 317. IV. ALTERNATIVES No alternatives other than the existing location were considered for replacement of the bridge. As shown by the plan review, the existing roadway provides the best alignment possible. For reasons of economy, Bridge No. 317 will be replaced with a triple barrel 3.0 m x 2.4 m (10 ft. x 8 ft.) culvert. The resulting roadway surface on the culvert will accommodate a 6.0 meter (20 ft) travelway with 0.6 meter (2 ft) shoulders on each side. Traffic will be maintained by constructing a temporary on-site detour south of the existing bridge. The detour will include four 1800 mm (84 in.) corrugated metal pipes to accommodate the creek flow. An off-site detour was not considered because SR 1267 is a dead end road and no other roads provide access to this area. The "do-nothing" alternative would eventually necessitate closure of the bridge. This is not desirable due to the property access provided by SR 1267. Investigation of the existing structure by the Bridge Maintenance Unit indicates the rehabilitation of the old bridge is not feasible due to its age and deteriorated condition. 2 V. ESTIMATED COST The estimated costs, based on current prices, are as follows: (Recommended) Structure Removal (existing) $ 4,020 Structure (proposed) 60,000 Temp. Detour Structure and Approaches 116,700 Miscellaneous and Mobilization 67,260 Engineering and Contingencies 50,000 ROW/Const. Easements/Utilities 36,000 TOTAL $361,000 VI. RECOMMENDED IMPROVEMENTS Bridge No. 317 over Cove Creek will be replaced on existing location with a triple barrel 3.0 m x 2.4 m (10 ft. x 8 ft.) reinforced concrete culvert. Traffic will be maintain by a temporary on-site detour south of the existing bridge (Figure 2). The Division Engineer concurs in the recommendation that the bridge be replaced at the existing location with a temporary detour on the southern side. The proposed roadway over the culvert will provide a 6.0 meter (20 ft) travel way with 0.6 meter (2 ft) shoulders. Based on a preliminary hydraulic analysis utilizing the 25 year design storm, the reinforced concrete culvert is recommended to have an approximate opening size of 24 square meters (260 sq. ft.). The invert of the box culvert would be placed 0.3 m (1 ft.) below the stream bed. It is anticipated that the elevation of the roadway will be approximately the same as the existing bridge. The length and opening size may be increased or decreased as necessary to accommodate peak flows as determined by further hydraulic studies. VII. NATURAL RESOURCES The proposed project study area lies in a rural area of McDowell County approximately 4 kilometers (2.5 miles) south of Sugar Hill, North Carolina (Figure 1). The project site lies within the Southern Piedmont Physiographic Province. McDowell County's major economic resources include agriculture and industry. Methodology Informational sources used to prepare this report include: United States Geological Survey (USGS) quadrangle map (Sugar Hill, 1990); NCDOT aerial photographs of project area (1:1200); Natural Resources Conservation Service (NRCS) soil maps of McDowell County (1995); United States Fish and Wildlife Service (USFWS) National Wetlands Inventory Map (Sugar Hill, 1995); USFWS list of protected species and federal species of concern (1996); and 3 North Carolina Natural Heritage Program (NCNHP) database of rare species and unique habitats (1996). Research using these resources was conducted prior to the field investigation. A general field survey was conducted along the proposed project corridor on March 27, 1996. Plant communities and their associated wildlife were identified using a variety of observation techniques, including active searching, visual observations with binoculars, and identifying characteristic signs of wildlife (sounds, tracks, scat, and burrows). Quantitative impact calculations were based on the worst case scenario using the full 24.4 meter (80.0 ft.) wide right-of-way limits, the width of the stream for aquatic impacts, and the length of the project approaches. The actual construction impacts should be less, but without specific replacement structure design information for the culvert the worst case was assumed for the impact calculations. Definitions for area descriptions used in this report are as follows: "project study area", "project area", and "project corridor" denote the specific area being directly impacted by each alternative. "Project vicinity" denotes the area within a 1.6 kilometer (1.0 mi.) radius of the project area. Topography and Soils The topography of the project area is characterized as rolling hills with steeper slopes along the major streams. Project area elevation is approximately 335 meters (1100 ft.). According to the General Soil Map of McDowell (NRCS, 1995), this portion of McDowell County contains soils from the lotla-Braddock-Rosman-Potomac association which are characterized as being nearly level to strongly sloping, somewhat poorly drained to somewhat excessively drained soils with a loamy, clayey, or sandy subsoil. These soil types are typically found on flood plains and stream terraces. The soil types were confirmed in the field. WATER RESOURCES This section describes each water resource and its relationship to major water systems. The proposed project lies within the Broad River drainage basin. Water Resource Characteristics Cove Creek is a perennial tributary within the Broad River basin. The creek flows south through the proposed project area with a width of 10.6 meters (35.0 ft.) at Bridge No. 317. The depth of the river was approximately 0.4 meters (1.0 foot) on the day of the investigation. The creek has a Class C-Tr rating from the North Carolina Division of Environmental Management (NCDEM), indicating the creek's suitability for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture as well as the suitability for natural trout populations and propagation of stocked trout. The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map for McDowell County (1988) indicates the project area lies in Zone A, where no base flood elevations have been determined. The NCDEM does not maintain a macroinvertebrate sampling station within the project area. There is a sampling station on Cove Creek at SR 1381 in Rutherford County (approximately 4 14.4 km (9 mi.) downstream from project site). Benthic macroinve rte b rates, or benthos, are organisms that live in and on the bottom substrates of rivers and streams. The use of benthos w data has proven to be a reliable tool as some benthic macroinvertebrates are sensitive to subtle changes in water quality. Criteria have been developed to assign bioclassifications ranging from "Poor" to "Excellent" to each benthic sample based on the number of taxa present in the intolerant groups Ephemeroptera, Plecoptera and Trichoptera (EPT). Different criteria have been developed for different ecoregions (mountains, piedmont, coastal) within North Carolina. Data for the Cove Creek taken in July 1995 at SR 1381 indicated an EPT taxa richness value of 37, which has a bioclassification of "Excellent". The NCDEM also uses the North Carolina Index of Biotic Integrity (NCIBI) as another method to determine general water quality. The method was developed for assessing a stream's biological integrity by examining the structure and health of its fish community. The scores derived from the index are a measure of the ecological health of the waterbody and may not necessarily directly correlate to water quality. Data for the creek taken in June 1995 at SR 1381 indicated an NCIBI score of 46, which has an integrity class of "Fair-Good". No waters classified by the NCDEM as High Quality Waters (HQW), Outstanding Resource Waters (ORW), or waters designated as WS-1 or WS-II are located within 1.6 km (1.0 mile) of the project study area. The McDowell County Watershed Ordinance (1993) provides regulations to limit the exposure of watersheds in McDowell County to pollution. The Critical Area is the area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The watershed map indicates that the project is not within a Critical Area. Anticipated Impacts to Water Resources Short-term impacts to water quality can be anticipated from construction-related activities, which may increase sedimentation and turbidity. Short-term impacts will be minimized by the implementation of NCDOT's Best Management Practices for Protection of Surface Waters, as applicable. Long-term impacts to water resources are not expected as a result of proposed improvements. BIOTIC RESOURCES Living systems described in the following sections include communities of associated plants and animals. These descriptions refer to the dominant flora and fauna in each community and the relationship of these biotic components. Scientific nomenclature and common names (when applicable) are used for the plant and animal species described. Subsequent references to the same species include the common name only. Terrestrial Communities The predominant terrestrial communities found in the project study area are man-dominated and mixed hardwood forest. Dominant faunal components associated with these terrestrial areas are discussed in each community description. Many species are adapted to the entire 5 range of habitats found along the project alignment, but may not be mentioned separately in each community description. Man-Dominated Community This highly disturbed community includes the road shoulders, the fields in the northeast, southeast and southwest quadrants, and the field and residential lawn in the northwest quadrant (Figure 2). Many plant species are adapted to these disturbed and regularly maintained areas. The road shoulders and the fields are dominated by fescue (Festuca sp.), ryegrass (Lolium sp.), white clover (Trifolium repens), dandelion (Taraxacum officinale), wild onion (Allium cemuum), and common plantain (Plantago rugelii). The animal species present in these disturbed habitats are opportunistic and capable of surviving on a variety of resources, including vegetation (flowers, leaves, fruits, and seeds) and both living and dead faunal components. Although only a Northern cardinal (Cardinalis cardinalis) was observed during the site visit, raccoon (Procyon lotor),Virginia opossum (Didelphis virginiana), white-footed mouse (Peromyscus leucopus), American crow (Corvus brachyrhynchos), Northern mockingbird (Mimus polyglottos), and the American robin (Turdus migratorius) are also often attracted to these disturbed habitats. Mixed Hardwood Forest Community This forested community occurs as a narrow strip along the stream banks adjacent to the man- dominated communities. The dominant canopy trees include American sycamore (Platanus occidentalis), tulip poplar (Liriodendron tulipifera), black willow (Salix nigra), and river birch (Betula nigra). The understory consists of dogwood (Comus florida) and ironwood (Carpinus caroliniana). The shrub layer includes blackberry (Rubus sp.) and privet (Ligustrum sinense). The herbaceous layer includes broomsedge (Andropogon virginicus), common greenbrier (Smilax rotundifolia), and Japanese honeysuckle (Lonicera japonica). Although not observed during the Community may also be found in striatus), mourning dove (Zenaida (Cyanocitta cristata). Aquatic Communities site visit, the animals listed under the Man-Dominated this community along with the Eastern chipmunk (Tamias macroura), field sparrow (Spizella pusilla), and blue jay The aquatic community in the project area exists within Cove Creek. Within the project area the creek is 10.7 meters (35.0 ft.) wide. On the day of the field investigation, the creek was 0.4 meters (1.0 ft.) deep. The water was clear and the stream bottom was visible. The bottom consists of a fine micaceous silt with large gravel and cobbles. The cobbles are covered with silt probably from upstream sediment and nutrient runoff. The stream banks are variable in height from 0.9 to 1.5 meters (3.0 to 5.0 ft.) high. Vegetation along the banks includes black willow, ironwood and blackberry. Animals such as the belted kingfisher (Megaceryle alcyon), bullfrog (Rana catesbeiana), and Southern leopard frog (Rana utricularia) may reside along the waters edge. Fishes such as the bluegill (Lepomis macrochirus), creek chubs (Cyprinidae), and darters (Percidae) likely inhabit the river. The macroinvertebrate community includes the stonefly (Plecoptera), caddisfly (Trichoptera), fishfly 6 (Megaloptera), and dragonfly (Odonata) larvae under stones in the riffle areas and within the leaf debris as well as chironomid (midge) larvae and oligochaetes (segmented worms) within the substrate. Historically, Cove Creek contained the following species: thicklip chub (Cyprinella labrosa), fieryblack shiner (Cyprinella pyrrhome/as), bluehead chub (Nocomis leptocephalus), yellowfin shiner (Notropis lutipinnis), creek chub (Semotilus atromaculatus), redhorse (Moxostoma spp.), margined madtom (Noturus insignis), redbreast sunfish (Lepomis auritus), bluegill (Lepomis macrochirus). smalimouth bass (Micropterus dolomieu), largemouth bass (Micropterus salmoides), Piedmont darter (Percina crassa), and seagreen darter (Etheostoma thalassinum). The species in bold print are considered to be intolerant to stream degradation under the North Carolina Index of Biotic Integrity used by the NCDEM to assess the biological integrity of streams. Anticipated Impacts to Biotic Communities Biotic community impacts resulting from project construction are addressed separately as terrestrial impacts and aquatic impacts. Table 1 details the anticipated impacts to terrestrial and aquatic communities by habitat type. Impacts to terrestrial communities, particularly in locations exhibiting gentle slopes, can result in the aquatic community receiving heavy sediment loads as a consequence of erosion. The NCDOT's Best Management for Protection of Surface Waters, will be implemented, as applicable, to ensure sediment does not leave the construction site. TABLE 1 ANTICIPATED IMPACTS TO TERRESTRIAL and AQUATIC COMMUNITIES HECTARES(ACRES) Bridge No. 317 Man- Mixed Aquatic Combined Total Replacement Dominated Hardwood Community Impacts Community Community Alternative A 0.43(l.07) 0.01 (0.02) 0.02 (0.06) 0.47(l.15) Temporary 0.14 (0.34) 0.01 (0.02) 0.01 (0.03) 0.16 (0.39) Impacts to Terrestrial Communities Of the two community types in the project area, the man-dominated community will receive the greatest impact from construction, resulting in the loss of existing habitats and displacement and mortality of faunal species in residence. Impacts to Aquatic Communities The aquatic community in the study area exists within Cove Creek. The proposed bridge replacement will result in disturbances not confined to 0.02 hectare (0.06 acre) impact zone. The new replacement structure construction and approach work will likely increase sediment loads in the river in the short term. Construction related sedimentation can be harmful to local The NCWRC made several potential recommendations pertaining to the permit application for this project in an April 10, 1996 (see Appendix). Since the proposed project is located in a designated "Trout" county, the authorization of a nationwide permit by the COE is conditioned upon the concurrence of the NCWRC. Mitigation Since this project will not impact jurisdictional wetlands, compensatory mitigation will not be required. Rare and Protected Species Some populations of plants and animals are in the process of decline either due to natural forces or due to their inability to coexist with man. Rare and protected species listed for McDowell County, and any likely impacts to these species as a result of the proposed project construction, are discussed in the following sections. Federally Protected Species Plants and animals with federal classification 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. The USFWS lists one federally protected species for McDowell County as of August 23, 1996 (see Table 2). TABLE 2 FEDERALLY-PROTECTED SPECIES FOR MCDOWELL COUNTY Scientific Name Common Name Status Hudsonia montana Mountain golden heather T NOTE. "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). Mountain golden heather is a low shrub with yellow flowers and long stalked fruit capsules. It usually grows in clumps of 10.2 to 20.3 centimeters (4.0 to 8.0 inches) across and about 15.0 centimeters (6.0 inches) high. The plants have a general aspect of a large moss or a low juniper, but branching is more open and the plant is often yellow-green in color, especially in the shade. The plant flowers from June to July. Mountain golden heather is found at elevations of 853 to 1219 meters (2800 to 4000 ft.) on exposed quartzite ledges. It typically inhabits an ecotone between bare rock and sand myrtle (Leiophyllum buxifolium) dominated heath balds which merge into pine/oak forests. No habitat exists in the project study area for the Mountain Golden Heather and NCNHP records indicate that this species has not been documented in the project vicinity. Since the project area elevation is approximately 335 meters (1100 ft.) and does not contain exposed quartzite ledges, it can be concluded that the subject project will not impact this Threatened species. BIOLOGICAL CONCLUSION: NO EFFECT 9 populations of invertebrates which are an important part of the aquatic food chain. Potential adverse effects will be minimized through implementation of the NCDOT's Best Management Practices for Protection of Surface Waters, as applicable, and the use of erosion and sediment control measures as specified in the State-approved Erosion and Sediment Control Program. SPECIAL TOPICS Jurisdictional Issues 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 and in accordance with provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344) and are regulated by the United States Army Corps of Engineers (USACOE). Impacts to Wetlands and Surface Waters No wetlands will be impacted by the subject project as Cove Creek has well defined banks within the. bridge replacement corridor. Investigation into wetland occurrence in the project impact area was conducted using methods of the 1987 Wetland Delineation Manual. Project construction cannot be accomplished without infringing on jurisdictional surface waters. Up to 0.02 hectare (0.06 acre) of jurisdictional surface water impacts may occur due to the proposed replacement of Bridge No. 317. Permits Nationwide Permit No. 23 CFR 330.5(a)(23) is likely to be applicable for all impacts to Waters of the United States from the proposed project. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in whole, or part, by another Federal agency or department where: 1) that agency or department has determined the pursuant to the council on environmental quality regulation for implementing the procedural provisions of the national Environmental Policy Act; 2) 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; 3) that the office of the Chief of Engineers has been furnished notice to the agency's or department's application for the categorical exclusion and concurs with that determination. 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 streams. The NCDOT will apply for Nationwide Permit No. 6 authorization for this activity. Nationwide Permit No. 6 authorizes "survey activities including core sampling, seismic shot holes and other exploratory-type bore holes". 8 Federal Species of Concern Federal Species of Concern (FSC) are not legally protected under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened of Endangered. Species designated as FSC are defined as taxa which may or may not be listed in the future. These species were formerly Candidate 2 (C2) species, or species under consideration for listing for which there is insufficient information to support listing. Table 3 includes FSC species listed for McDowell County and their state classifications. TABLE 3 FEDERAL SPECIES OF CONCERN MCDOWELL COUNTY Scientific Name North Carolina Habitat (Common Name) Status Present Dendroica cerulea SR No (Cerulean warbler) Neotoma floridana haematoreia SC Yes (Southern Appalachian woodrat) Contopus borealis Sc No (olive-sided flycatcher) Clemmys muhlenbergii T No (bog turtle) Caecidotea carolinensis SR No (Bennett's Mill cave water slater) Speyeria diana SR No (Diana fritillary butterfly) Carex roanensis C No (Roan sedge) Delphinium exaltatum** E No (tall larkspur) Hymenocallis coronaria NL No (rocky shoal spider lily) Juglans cinerea NL No (butternut) Lilium grayi T No (Gray's lily) 10 TABLE 3 FEDERAL SPECIES OF CONCERN MCDOWELL COUNTY (con't) Monotropsis odorata NL No (Sweet oinesao) Shortia galacifolia var brevistyla I NL I No (Northern Oconee-bells) 11 NOTES: Denotes Obscure record (the date and/or location of the species observation is uncertain). C Denotes Candidate (species which are considered by the State as being rare and needing population monitoring). T Denotes Threatened (species which are afforded protection by state laws). SC Denotes Special Concern (species which are afforded protection by state laws). SR Denotes Significantly Rare (species for which population monitoring and conservation action is recommended). NL Denotes species for which the state status is unlisted at this time. State Protected Species Plant and animal species which are listed by the NCNHP as Endangered (E), Threatened (T), or Special Concern (SC) are afforded limited state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. NCNHP records indicate one state-listed Special Concern species, black vulture (Coragyps atratus), that was not designated as a "Federal species of concern" (FSC). Habitat is present in the project area, but no individuals were observed during the investigation and a search of the NCNHP database showed no recorded occurrences of any state protected species within the project vicinity. VIII. CULTURAL RESOURCES This project is subject to compliance with Section 106 of the National Historical Preservation Act of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. Section 106 requires that for federally funded, licensed, or permitted projects having an effect on properties listed in or eligible for the National Register of Historic Places, the Advisory Council on Historic Preservation be given the opportunity to comment. The SHPO, in a memorandum dated April 4, 1996, requested "that a comprehensive survey be conducted by an experienced archaeologist" prior to construction due to the new alignment of the on-site detour. A copy of the SHPO memorandum is included in the Appendix. An archeological survey of the proposed project will be conducted prior to right of way. A report of 11 survey results will be transmitted by the FHWA to the SHPO for review. Further consultation will be conducted if necessary. In a concurrence form dated April 11, 1996, the State Historic Preservation Officer (SHPO) concurred that there are no historic architectural resources either listed in or eligible for listing in the National Register of Historic Places located in the project's area of potential effect. A copy of the form is included in the Appendix. IX. ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact. Replacement of an inadequate bridge will result in safer traffic operations. The bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of current NCDOT standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulation. No significant change in land use is expected to result from construction of the project. No adverse impact on families or communities is anticipated. No relocations are expected with implementation of the proposed alternatives. No adverse effect on public facilities or services is anticipated. 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. No geodetic survey markers will be impacted. Since the bridge will be replaced at its existing location the Farmland Protection Policy Act does not apply. This project is an air quality "neutral" project, so it is not required to be included the regional emission analysis (if applicable) and a project level CO analysis is not required. This project is located in McDowell 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 traffic volumes will not increase or decrease because of this project. There are no receptors located in the immediate project area. The project's impact on noise and air quality will not be significant. Noise levels could increase during construction but will be temporary. If vegetation is disposed of 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 12 completes the assessment requirements for highway traffic noise (23 CFR Part 772) and for air quality (1990 CAAA and NEPA) and no additional reports are required. An examination of records at the North Carolina Department of Environment, Health and Natural Resources, Division of Environmental Management, Groundwater Section and the North Carolina Department of Human Resources, Solid Waste Management Section revealed no underground storage tanks or hazardous waste sites in the project area. McDowell County is a participant in the National Flood Insurance Regular Program. This site on Cove Creek is not included in a detailed F.E.M.A. study. Attached is a copy of the Flood Insurance Rate Map, Figure 4, on which are shown the approximate limits of the 100-year flood plain in the vicinity of the project. On the basis of the above discussion, it is concluded that no significant adverse environmental effects will result from implementation of the project. The project is a Federal "Categorical Exclusion" due to its limited scope and lack of significant environmental consequences. 13 REFERENCES Burt, W.H. and R.P. Grossenheider. 1952. A Field Guide to Mammals. Houghton Mifflin Publishing, Boston, Massachusetts. Conant, R. 1958. A Field Guide to Reptiles and Amphibians of Eastern and Central North America. Houghton Mifflin Publishing, Boston, Massachusetts. Cowardin, L.M., V. Carter, F.C. Golet and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. Prepared for the United States Fish and Wildlife Service, United States Department of the Interior, Washington DC. Delorit, R.J. 1970. An Illustrated Taxonomy Manual of Weed Seeds. Agronomy Publications, River Falls, Wisconsin. Environmental Laboratory. 1987. United States Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. United States Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Farrand, J., Jr. 1993. Audubon Society Guide to Animal Tracks of North America. Chanticleer Press, New York, New York. McDowell County. December, 1993. Watershed Ordinance for McDowell County. North Carolina Natural Heritage Program. February. 1996. List of Rare Species of North Carolina. North Carolina Natural Heritage Program, Raleigh, North Carolina. Newcomb, L. 1977. Newcomb's Wildflower Guide. Little, Brown and Company, Boston, Massachusetts. North Carolina Department of Environment, Health, and Natural Resources. 1993. Classifications and Water Quality Standards Assigned to The Waters of the New River Basin. Division of Environmental Management, Raleigh, North Carolina. Preston, R.J. and V.G. Wright. Identification of Southeastern Trees in Winter. North Carolina Cooperative Extension Service, Raleigh, North Carolina. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, North Carolina. Robbins, C.S., B. Bruun and H.S. Zim. 1966. A Guide to Field Identification of Birds of North America. Western Publishing, Racine, Wisconsin. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina Third Approximation. North Carolina Natural Heritage Program, Raleigh, North Carolina. United States Department of Agriculture, Natural Resources Conservation Service. 1995. 14 General Soil Map McDowell County, North Carolina. United States Fish and Wildlife Service. 1992 (updated 1996). Endangered and Threatened Species of the Southeastern United States (The Red Book). United States Fish and Wildlife Service Southeastern Region, Atlanta, Georgia. United States Fish and Wildlife Service. August 23, 1996. List of Endangered and Threatened Species of North Carolina. United States Fish and Wildlife Service Southeastern Region, Atlanta, Georgia. United States Fish and Wildlife Service. 1995. National Wetlands Inventory Map. Sugar Hill quadrangle. United States Geological Survey. 1990. Topographic map - Sugar Hill quadrangle. Wherry, E.T. 1995. The Fern Guide to Northeastern and Midland United States and adjacent Canada. Dover Publications, New York. Whitaker, J.O., Jr. 1980. The Audubon Society Field Guide to North American Mammals. Alfred Knopf Publishing, New York, New York. 15 iJ i . I LL , ",1 {t Cl) o L1.1 W co b O W A. m cc v I I 55?? ti^ I { J I A i ll ?t , h F ? t 8_j 6 F \c e ae s 0 RV ,71 xAp., C _O v L O a F- 3 t 04- v C 02 i- O 4- UEO „F C L L O ia? O m- z C) C) I`- M ww w co cocc =U zw? m w,oz)cn ° Co 0 L) i COW_ 0032 r''OCL z :21? UN az Co U.! Ciff L N O IT O? N O sT 2 yy??V y 0. ?xS ? t ?*a $ ? ?? \?a??,?g ?F???•??'?a??r?y ????? ?v r°K' `Ft '255AA ? v£ I N ? ? x' ?? `i $ ....`'\.3 'i 'U. i;44 All ? to++ a?+. ,??tf e' ? e ? ? e a " ? sat a? C7 uJ ?a'ra'd1?a ab nrixa?°'.?U1.eh+waa ?'x8s xwFw, ..w? ?r ?•+a...?r'ga Y a+<. i ?w.? b •s,.? - ? S ? ? . Z Q - '_ ? ..? 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"t, 3 k ?? f!'1 i .3 P F c n t t, i \ 1 '3 ?di?;? , c ?L\ ta,. ° c i ?& , a j a 3? t 4• d x a ?t r te6, ,yam a `,6 P f .? a , ? ? y^? t k r d y 4 i. , , t ?i 4 C \i k .° a? d S\., k\?a A ' r Y 1'i "!t( Ya+ ?X 4 x4 ?a WP ? ? xay?m ? ? Ft. a p y , x aQ4??a,9. Y? ?e??a,v11 ? a5, ? $ ?i ?' a ?R ? 11 jq!• d ? o v y ?-? Y e 1 °? iua ?. LAS ?? t? a t rw a -ti, Y? L 1?? i Y? r' dt 4 ,S t'` a ^' A ; r to {gg?E ?a i i i r L i h ? Y t I A i :&1 g> t ?` fr 1 ti 3 ?? Y e ,,, f., +a % t 9 3 MCDOWELL COUNTY BRIDGE NO. 317 B-2999 LOOKING EAST LOOKING WEST Ac, vi , It, LOOKING SOUTH DOWNSTREAM FIGURE 3 II r? .y? } Y II C North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary April 4, 1996 MEMORANDUM TO: H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highways Department of Transportation / FROM: David Brook Deputy State I?istonc Preservation Officer Division of Archives and History Jeffrey J. Crow, Director ?\VE G Cc \otgb C5, ??/ p\ \G?31,- ??G & EiJV?RO SUBJECT: Group IX Bridge Replacement Projects Bridge 317 on SR 1267 over Cove Creek, B-2999, McDowell County, ER 96-8521 Thank you for your letter of March 11, 1996, concerning the above project. We are aware of no structures of historic or architectural importance within the general area of the project. We recommend that an architectural historian on your staff identify and evaluate any structures over fifty years of age within the project area, and report the findings to us. There are no known recorded archaeological sites within the project boundaries. However, the project area has never been systematically surveyed to determine the location or significance of archaeological resources. We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify the presence and significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources should be assessed prior to the initiation of construction activities. Survey is necessary only if new alignment is selected. 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. DB:slw cc: N. Graf B. Church T. Padgett 109 East Jones Street • Raleigh, North Carolina 27601-2807 ??3 Federal Aid # ? izy7 `I / TIP # 2°fa-I County CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Brief Project Description F-efL- Da-40Ge? nlo- *7 "'t `''e t241 ofte- nowt, Cf-?'L- (Pluod-e- 64."p VA) On APRIIL It 111t, , representatives of the ? North Carolina Department of Transportation (NCDOT) Federal Highway Administration (FHwA) ? North Carolina State Historic Preservation Office (SHPO) Other reviewed the subject project at All parties present agreed ? there are no properties over fifty years old within the project's area of potential effects. ? there are no properties less than fifty years old which are considered to meet Criterion Consideration G within the project's area of potential effects. A scoping meeting Historic architectural resources photograph review session/consultation Other there arc properties over fifty years old (list attached) within the project's area of potential effects, but based on the historical information available and the photographs of each property, properties identified as are considered not eligible for National Register and no further evaluation of them is necessary. ,/ there arc no National Register-listed properties within the project's area of potential effects. Signed: Rep FHwA, for the Division Administrator, or other Federal Agency Ott q? Date 4 Z4 ctCp Date Rcjprpentative, SHPO pate S / t State Historic Preservation Officer Date If a survey report is prepared, a final copy of Uiis Corm and the attached list will be included. APR 1 5 1996 VH/GD?DIV/s,cpV opHt V4 North Carolina Wildlife Resources Commission 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, NCDOT FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program DATE: April 10, 1996 SUBJECT: Comments on Group IX Bridge Replacements, Alleghany, Cleveland, McDowell, Buncombe, and Catawba Counties. This correspondence responds to a request by you for our review and comments regarding eleven proposed bridge replacements in western North Carolina. Biological field staff of the North Carolina Wildlife Resources Commission (WRC) have reviewed the information in your letter dated 11 March 1996 and have examined our records fish sampling data. Our comments on these projects are listed below. All species and common names follow "Common and Scientific Names of Fishes from the United States and Canada" by Robins et al. 1991 (American Fisheries Society Special Publication 20). Species listed in bold print are considered to be intolerant to stream degradation under the North Carolina Index of Biotic Integrity used by the North Carolina Division of Environmental Management to assess the biological integrity of streams. B-2803 - Alleghany County, Bridge No. 52 over Little River, Bridge No. 56 over Pine Swamp Creek Both the Little River and Pine Swamp Creek are designated Hatchery Supported Public Mountain Trout Waters (PMTW) in the project area. We recently provided you with a memorandum dated 12 July 1995 with our scoping comments on this project (see attached). B-2815 - Cleveland County, Bridge No. 35 on SR 1001 over Persimmon Creek No fish data are available for Persimmon Creek, nor have we identified any special concerns associated with this project. B-2816 - Cleveland County, Bridge No. 230 on SR 1908 over Buffalo Creek We have not identified any special concerns associated with this project. According to WRC district files, the following fish species were collected in Buffalo Creek in 1980: Group IX Page 2 April 10, 1996 Common Name rosyside dace bluehead chub greenfin shiner spottail shiner yellowfin shiner swallowtail shiner Scientific Name Canostomus funduloides Nocomis leptocephalus Cyprinella chlorisdus Notropis hudsonius Notropis lutipinnis Notropis procne sandbar shiner Notropis scepticus creek chub Semotilus atromaculatus striped jumprock Moxostoma rupiscartes redbreast sunfish Lepomis auritus bluegill Lepomis macrochirus Other species collected by Messer et al. of the WRC in 1964: gizzard shad Dorosoma cepedianum rainbow trout Oncorhynchus mykiss fieryblack shiner Cyprinella pyrrhomelas highback chub Notropis hypsinotus white sucker Catostomus commersoni redhorse Moxostoma sp. bullhead Ameiurus sp. pumpkinseed Lepomis gibbosus warmouth Lepomis gulosus largemouth bass Micropterus salmoides B-2847 - McDowell County, Bridge No. 65 on SR 1760 over Muddy Creek We have not identified any special concerns associated with this project. No fish sampling data is available for Muddy Creek, but we would expect the species assemblage to be similar to that of South Muddy Creek (see B-3002 below). B-2931 - Buncombe County, Bridge No. 512 on SR 2435 over Swannanoa River The Swannanoa River is designated Hatchery Supported PMTW at the project site. The river also supports some wild trout. We would prefer that the existing bridge be replaced with another spanning structure. B-2940 - Catawba County, Bridge No. 82 on SR 1165 over Clark Creek We have not identified any special concerns associated with this project. Schneider of the North Carolina Division of Environmental Management (DEM) collected the following fish species in Clark Creek in 1993: Common Name Scientific Name bluehead chub Nocomis leptocephalus white sucker Catostomus commersoni flat bullhead Ameiurus platycephalus Group IX redbreast sunfish pumpkinseed bluegill largemouth bass B-2941- Catawba Cou Page 3 April 10, 1996 Lepomis auritus Lepomis gibbosus Lepomis macrochirus Micropterus salmoides nty, Bridge No. 94 on SR 1722 over McLin Creek We have not identified any special concerns associated with this project. Menhinick of the University of North Carolina at Charlotte collected the following species in 1991: mmon Name Scientific Name common carp Cyprinus cwpio rosyside dace Canostomus funduloides bluehead chub Nocomis leptocephalus greenhead shiner Notropis chlorocephalus creek chub Semotilus atromaculatus white sucker Catostomus commersoni silver (v-lip) redhorse Moxostoma anisurum striped jumprock Moxostoma rupiscartes channel catfish Ictalurus punctatus redbreast sunfish Lepomis auritus bluegill Lepomis macrochirus fantail darter Etheostoma f labellare tessellated darter Etheostoma olmstedi B-2998 - McDowell County, Bridge No. 41 on SR 1147 over Second Broad River We have not identified any special concerns associated with this project. Schneider of the DEM collected the following fish species in the Second Broad River in 1988: Common Name fieryblack shiner Santee chub bluehead chub highback chub greenfin shiner yellowfin shiner creek chub white sucker striped jumprock silver (v-lip) redho flat bullhead margined madtom rock bass redbreast sunfish fantail darter Scientific Name Cyprindia pyrrhomelas Cyprinella zwnema Nocomis leptocephalus Notropis hypsinotus Cyprinella chlorisdus Notropis lutipinnis Semodlus atromaculatus Catostomus commersoni Moxostoma rupiscartes rse Moxostoma anisurum Ameiurus platycephalus Noturus insignis Ambloplites rupestris Lepomis auritus Etheostoma f labellare Group IX Page 4 April 10, 1996 B-2999 - McDowell County, Bridge No. 317 on SR 1267 over Cove Creek We have not identified any special concerns associated with this project. The following fish data were collected by Messer et al. of the WRC in 1964: Common Name thicklip chub fieryblack shiner bluehead chub yellowfin shiner creek chub redhorse margined madtom redbreast sunfish bluegill smallmouth bass largemouth bass Piedmont darter seagreen darter Scientific Name Cyprinella labrosa CyprineAa pyrrhomelas Nocomis leptocephalus Notropis lutipinnis Semotilus atromaculatus Mozostoma sp. Noturus insignis Lepomis auritus Lepomis macrochirus Micropterus dolomieu Micropterus salmoides Percina crassa Etheostoma thalassinum B-3002 - McDowell County, Bridge No. 60 on SR 1764 over South Muddy Creek We have not identified any special concerns associated with this project. Schneider of the DEM collected the following fish species in South Muddy Creek in 1993: Common Name Scientific Name rosyside dace Chnostomus funduloides bluehead chub Nocomis leptocephalus greenhead shiner Notropis chlorocephalus striped jumprock margined madtom redbreast sunfish bluegill fantail darter tessellated darter Piedmont darter Mozostoma rupiscartes Noturus insignis Lepomis auritus Lepomis macrochirus Etheostoma f labellare Etheostoma olmstedi Percina crassa Other species collected by Louder (1963) include: central stoneroller Campostoma anomalum creek chub Semotilus atromaculatus yellow perch Perca flavescens B-3140 - Cleveland County, Bridge No. 13 on NC 198 over Buffalo Creek We have not identified any special concerns associated with this project. Fish sampling data for Buffalo Creek are listed above under B-2816. Group IX Page 5 April 10, 1996 Although we do not have any special concerns regarding several of these bridge replacements, we recommend that the NCDOT incorporate the following measures into all bridge replacement projects to minimize impacts to aquatic organisms: 1) Erosion controls should be installed where soil is disturbed and maintained until project completion. 2) If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering water chemistry and causing a fish kill. 3) Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. 4) Multi-celled reinforced concrete box culverts should be designed so that all water flows through a single cell (or two if necessary) during low flow conditions. This could be accomplished by constructing a low sill on the upstream end of the other cells that will divert low flows to another cell. This will facilitate fish passage at low flows. 5) Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. 'T'hank you for the opportunity to review and comment during the early stages of these projects. If you have any questions regarding these comments, please contact me at 704/652-4257. cc: Ms. Katie Cirilis, Resource Southeast State of North Carolina IT Department of Environment, Health and Natural Resources / F7MA • Division of Environmental Management James B. Hunt, Jr., Governor ID C Jonathan B, Howes, Secretary C A, Preston Howard, Jr., P.E., Director April 19, 1996 MEMORANDUM To: Jim Buck From: Eric Galamb,,,-G Subject: Water Quality C// hecklist for Group IX Bridge Replacement Projects The Water Quality Section of the Division of Environmental Management requests that DOT consider the following generic environmental commitments for bridge replacements: A. DEM requests that DOT strictly adhere to North Carolina regulations entitled, "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction for this project in the area that drains to streams having WS (water supply), ORW (outstanding resource water), HQW (high quality water), B (body contact), SA (shellfish water) or Tr (trout water) classifications to protect existing uses. B. DEM requests that bridges be replaced in existing location with road closure. If an on-site detour or road realignment is necessary, the approach fills should be removed to pre-construction contour and revegetated with native tree species at 320 stems per acre. C. DEM requests that weep holes not be installed in the replacement bridges in order to prevent sediment and other pollutants from entering the body of water. If this is not completely possible, weep holes should not be installed directly over water. D. Wetland impacts should be avoided (including sediment and erosion control structures/measures). If this is not possible, alternatives that minimize wetland impacts should be chosen. Mitigation for unavoidable impacts may be required. E. Borrow/waste areas should avoid wetlands. It is likely that compensatory mitigation will be required if wetlands are impacted by waste or borrow. Please be aware that 401 Certification may be denied if wetland or water impacts have not been avoided and minimized to the maximum extent practicable. cc: Monica Swihart Melba McGee bridges.sco P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 March 26, 1996 Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation P.O. Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: E 117 ?o c 1096 ?ti' -iIGHWt'',Y- ? ?v?1RONt??`h Subject: Proposed replacement of several bridges in Alleghany, Buncombe. Catawba. Cleveland, and McDowell Counties, North Carolina A copy of your letter of March 11. 1996, to the U.S. Fish and Wildlife Service's (Service) Raleigh Field Office was forwarded to our office (we received it on March 18, 1996). Our, office handles project reviews and requests of this nature for the western part of the state, including the above-mentioned counties. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information provided in your letter, the following bridges will be replaced: Bridge Numbers 52 and 56 on SR 1172 over the Little River (Alleghany County); Bridge Number 512 on SR 2435 over the Swannanoa River (Buncombe County): Bridge Number 82 on SR 1165 over Clark Creek (Catawba County); Bridge Number 94 on SR 1722 over McLin Creek (Catawba County): Bridge Number 35 on SR 1001 over Persimmon Creek (Cleveland County): Bridge Number 230 on SR 1908 over Buffalo Creek (Cleveland County): Bridge Number 13 on NC 198 over Buffalo Creek (Cleveland County): Bridge Number 65 on SR 1760 over Muddy Creek (McDowell County): Bridge Number 41 on SR 1147 over the Second Broad River (McDowell County): Bridge Number 317 on SR 1267 over Cove Creek: and Bridge Number 60 on SR 1764 over South Muddy Creek. The Service is particularly concerned about: (1) the potential impacts the proposed bridge replacement projects could have on federally listed species and on Federal species of concern and (2) the potential impacts to stream and wetland ecosystems within the project areas. We have reviewed our files and believe the environmental document should evaluate possible impacts to the following federally listed species and/or Federal species of concern (these include aquatic animal species 2 known from a particular stream system for one of the proposed bridge projects and plant species that may occur along the banks of streams/rivers): Alleghany County Hellbender (Crvptobranchus alleganiensis) - Federal species of concern. This species generally is found beneath large flat stones or logs in shallow clear-running streams and rivers. It is presently known from at least one location in the Little River, 7 miles east of Sparta. Kanawha minnow (Phenocobius teretulus) - Federal species of concern. This species is endemic to large clear streams within the New River drainage of North Carolina, Virginia, and West Virginia. It is presently known from at least one location in the Little River, 0.5 mile downstream of the NC 18 bridge. Buncombe County Hellbender (Crvptobranchus alleganiensis) - Federal species of concern. There is a record of this species in the Swannanoa River near Black Mountain. Spotfin chub (Hvbopsis monacha) - Federally threatened. A species endemic to the Tennessee River drainage. The Little Tennessee River presently supports the only extant population in North Carolina; however, there is a historical record from the Swannanoa River in Asheville. Appalachian elktoe (Alasmidonta raveneliana) - Federally endangered. This species is endemic to the upper Tennessee River. It generally occurs in the riffle areas of large rivers that have cobble and gravel substrates. There are only a few extant populations left in the Little Tennessee River. Toe River, Cane River, and Nolichucky River systems. There is a historical record from the Swannanoa River. French Broad crayfish (Cambarus reburrus) - Federal species of concern. This species is endemic to North Carolina and is known from the headwater portions of the French Broad River and one stream in the Savannah River drainage. It was once found in the Swannanoa River near Black Mountain. French Broad heartleaf (Hexastylis rhombiformis) - Federal species of concern. This species is generally found in association with other acidophiles, such as ericaceacous shrubs, hemlock, rhododendron, and mountain Laurel. 3 Butternut (Juglans cinerea) - Federal species of concern. This species is generally found in cove forests and rich woods, including floodplain forests. Sweet pinesap (Monotropsis odorata) - Federal species of concern. This species is generally found in dry forests and on river bluffs. Virginia spiraea (Spiraea virginiana) - Federally threatened. This species occurs within the scour zone on the banks of high-gradient streams or on braided features such as point bars, natural levees, or meander scrolls of the lower reaches of streams. It may occur within the floodplain, but it is most often found at the water's edge. There is a historical record of this species along Hominy Creek near Asheville. Catawba County Dwarf-flowered heartleaf (Hexastvlis naniflora) - Federally threatened. This species has been found along several creeks in the county, including Brushy Creek, Sandy Run, and Poundingmill Creek. Cleveland County Dwarf-flowered heartleaf (Hexastvlis naniflora) - Federally threatened. This species has been found along several tributaries to the Henry Fork River. McDowell County Bennett's Mill Cave water slater (Caecidotea carolinensis) - Federal species of concern. This species is presently known from one locality in North Carolina at a cave located on the banks of Muddy Creek east of Marion. Butternut (Juglans cinerea) - Federal species of concern. This species is generally found in cove forests and rich woods, including floodplain forests. Sweet pinesap (Monotropsis odorata) - Federal species of concern. This species is generally found in dry forests and on river bluffs. There is one known population located along the banks of South Muddy Creek in the headwaters area. Northern oconee-bells (Shortia galacifolia var. brevistyla) - Federal species of concern. This species grows in various habitats, from rocks near water falls, in sand at the edge of running water, in shady deep moist loam soils, and on dry hillsides. It favors cool, damp, shady stream banks with fertile, moderately acid, soils. 4 The presence or absence of the above-mentioned species in the project impact areas should be addressed in any environmental document prepared for these projects. Please note that the legal responsibilities of a Federal agency or their designated non-Federal representative with regard to federally listed endangered and threatened species under Section 7 of the Act are on file with the Federal Highway Administration. Also, please note that Federal species of concern are not legally protected under the Act and are not subject to any of its provisions, including Section 7, unless they are formally proposed or listed as endangered or threatened. We are including these species in our response in order to give you advance notification and to request your assistance in protecting them. Additionally, the Service believes the environmental document(s) for the proposed projects should address the following issues: (1) an evaluation of the various bridge replacement alternatives and structures (e.g., replacement at the existing location versus upstream or downstream of the existing structure), (2) any special measures proposed to minimize sedimentation during construction; and (3) any measures that will be implemented to minimize impacts to fish and wildlife habitat (e.g., protecting riparian vegetation whenever possible). We appreciate the opportunity to provide these scoping comments and request that you keep us informed of the progress of these projects. In any future correspondence concerning this project, please reference our Log Number 4-2-96-057. Sin e ely, Brian P. Cole Field Supervisor DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF May 14, 1996 Special Studies and Flood Plain Services Section CE% Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch North Carolina Division of Highways Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: MAY 17 1996 rGHwAYS .. ?b This is in response to your letter of March 11, 1996 subject: "Request for Comments for Group IX Bridge Replace Projects." The bridge replacement projects are located in various Western North Carolina counties. Our comments are enclosed. We appreciate the opportunity to comment on these projects. If we can be of further assistance, please contact us. Sincerely, E. Shuford, Jr., P.E. Acting Chief, Engineering and Planning Division Enclosure Copies Furnished (with enclosure and incoming correspondence): Mr. Nicholas L. Graf Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, North Carolina 27601-1442 Mr. David Cox North Carolina Wildlife Resources Commission Post Office Box 118 Northside, North Carolina 27564-0118 -2- Copies Furnished (with enclosure and incoming correspondence): continued Ms. Barbara Miller Chief, Flood Risk Reduction Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, Tennessee 37902-1499 Mr. Jamie James (CEORN-EP-H-M) U.S. Army Engineer District, Nashville Post Office Box 1070 Nashville, Tennessee 37202-1070 Mr. Larry Workman (CEORH-PD-S) U. S. Army Engineer District, Huntington 502 Eighth Street Huntington, West Virginia 25701-2070 May 13, 1996 Page 1 of 4 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Request for Comments for Group IX Bridge Replace Projects" in various Western North Carolina counties 1. FLOOD PLAINS: POC - Bobby L. Willis, Special Studies and Flood Plain Services Section, at (910) 251-4728 All of the bridges, except for Alleghany and Buncombe Counties, are within the planning jurisdiction of the U.S. Army Corps of Engineers (USACE), Wilmington District. With the exception of Alleghany and Cleveland Counties, these bridges are located within counties which participate in the National Flood Insurance Program (NFIP). Alleghany County has flood hazard areas identified on Flood Hazard Boundary Maps, but has not had detailed mapping done and does not participate in the program. Cleveland County has mapping done on Flood Insurance Rate Maps (FIRMs) in anticipation of future participation in the NFIP, but does not currently participate in the program. From the various FIRMs, it appears that both approximate study and detail study streams are involved. (Detail study streams are those with 100-year flood elevations determined and a floodway defined.) A summary of flood plain information pertaining to these bridges is contained in the following table. The FIRMs are from the county flood insurance study unless otherwise noted. Bridge Route Study Date Of No. No. Count Stream Type Firm 52/56 SR 1172 Alleghany Little River Approx 7/77 35 SR 1001 Cleveland Persimmon Ck.** Detail 7/91 230 SR 1908 Cleveland Buffalo Ck. Approx 7/91 65 SR 1760 McDowell N. Muddy Ck. Approx 7/88 512 SR 2435 Buncombe Swannanoa R. Detail 8/80 82 SR 1165 Catawba Clarks Ck. Detail 8/94 94 SR 1722 Catawba McLin Ck. Detail 9/80 41 SR 1147 McDowell Second Broad R. Approx 7/88 317 SR 1267 McDowell Cove Ck. Approx 7/88 60 SR 1764 McDowell S. Muddy Ck. Approx 7/88 13 NC 198 Cleveland Buffalo Ck. Detail 7/91 * County is not a participant in NFIP. Map is a Flood Hazard Boundary Map. Stream is shown as Muddy Fork on the FIRM. **'' County is not a participant in NFIP. May 13, 1996 Page 2 of 4 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Request for Comments for Group X Bridge Replace Projects" in various Western North Carolina counties 1. FLOOD PLAINS: (Continued) Enclosed, for your information on the detail study streams, is a copy of the Federal Emergency Management Agency's "Procedures for 'No Rise' Certification for Proposed Developments in Regulatory Floodways". In addition, we suggest coordination with the respective counties or communities for compliance with their flood plain ordinances and any changes, if required, to their flood insurance maps and reports. Buncombe County is within the planning jurisdiction of the USACE, Nashville District, and the Tennessee Valley Authority (TVA) with respect to any construction or development involving the flood plains. The Nashville District does not currently have projects that would be affected by this proposed project. Mr. Jamie James may be contacted at (615) 736-5948 for further information and comments from the Nashville District. Flood plain concerns are normally addressed within the TVA Section 26a permitting process. A 26a permit is required for all construction or development involving streams or flood plains in the Tennessee River drainage basin. Mr. Roger Milstead at (615) 632-6115 should be contacted for information on the TVA 26a permitting process. The project should be designed to meet the requirements of the National Flood Insurance Program (NFIP), administered by the Federal Emergency Management Agency (FEMA), and be in compliance with all local ordinances. The engineering point of contact for the NFIP in this FEMA region is Ms. Bel Marquez, who may be reached at (404) 853-4436. Specific questions pertaining to community flood plain regulations or developments should be referred to the local building official. Alleghany County is within the planning jurisdiction of the USACE, Huntington District. The Huntington District does not currently have projects that would be affected by the proposed project. Mr. Larry Workman may be contacted at (304) 529-5644 for further information and comments from the Huntington District. 2. WATERS AND WETLANDS: POC - Raleigh and Asheville Field Offices, Regulatory Branch (Individual POC's are listed following the comments.) All work restricted to existing high ground will not require prior Federal permit authorization. However, Department of the Army permit authorization pursuant to Section 404 of the Clean Water Act of 1977, as amended, will be required for the discharge of excavated or fill material in waters of the United States or any adjacent and/or isolated wetlands in conjunction with your proposed bridge replacements, including disposal of construction debris. May 13, 1996 Page 3 of 4 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT, COMMENTS ON: "Request for Comments for Group IX Bridge Replace Projects" in various Western North Carolina counties 2. WATERS AND WETLANDS: (Continued) The replacement of these bridges may be eligible for nationwide permit authorization [33 CFR 330.5(a)(23)j as a Categorical Exclusion, depending upon the amount of jurisdictional wetlands to be impacted by a project and the construction techniques utilized. Please be reminded that prior to utilization of nationwide permits within any of the 25 designated mountain trout counties, you must obtain a letter with recommendation(s) from the North Carolina Wildlife Resources Commission and a letter of concurrence from the U.S. Army Corps of Engineers, Wilmington District Engineer. The mountain trout designation carries discretionary authority for the utilization of nationwide permits. In addition, any jurisdictional impacts associated with temporary access roads or detours, cofferdams, or other dewatering structures should be addressed in the Categorical Exclusion documentation in order to be authorized by Nationwide Permit No. 23 (NWP 23). If such information is not contained within the Categorical Exclusion documentation, then other DA permits may be required prior to construction activities. Although these projects may qualify for NWP 23 as a categorical exclusion, the project planning report should contain sufficient information to document that the proposed activity does not have more than a minimal individual or cumulative impact on the aquatic environment. Accordingly, we offer the following comments and recommendations to be addressed in the planning report: a. The report should contain the amount of permanent and temporary impacts to waters and wetlands as well as a description of the type of habitat that will be affected. b. Off-site detours are always preferable to on-site (temporary) detours in wetlands. If an on-site detour is the recommended action, justification should be provided. c. Project commitments should include the removal of all temporary fills from waters and wetlands. In addition, if undercutting is necessary for temporary detours, the undercut material should be stockpiled to be used to restore the site. d. The report should address impacts to recreational navigation (if any) if a bridge span will be replaced with a box culvert. e. The report should address potential impacts to anadromous fish passage if a bridge span will be replaced with culverts. May 13, 1996 Page 4 of 4 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Request for Comments for Group IX Bridge Replace Projects" in various Western North Carolina counties 2. WATERS AND WETLANDS: (Continued) At this point in time, construction plans were not available for review. When final plans are complete, including the extent and location of any work within waters of the United States and wetlands, our Regulatory Branch would appreciate the opportunity to review those plans for a project-specific determination of DA permit requirements. For additional information, please contact the following individuals: Raleigh Field Office - John Thomas at (919) 876-8441, Extension 25, for Alleghany County Asheville Field Office - Steve Lund at (704) 271-4857 for Buncombe County Steve Chapin at (704) 271-4014 for Cleveland, McDowell, and Catawba Counties w??G?NGY MA^'c?z a ? c R-4 Federal Emergency Management Agency Region IV 1371 Peachtree Street, NE, Suite 700 Atlanta, GA 30309 LM FOR "NO-RISE" CERTIFICAT Section 60.3 (d) (3)\ of the National Flood Insurance Program (NFIP) regulations states that a community-shall "prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated-through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base (100- year) flood discharge." Prior to issuing any building grading or, development permits involving activities in a regulatory floodway, the community must obtain a certification stating the proposed development will not impact the pre-project base flood elevations, floodway elevations, or floodway data widths. The certification should be obtained from the permittee and be signed and sealed by a professional engineer. The engineering or "no-rise" certification must be supported by technical data. The supporting technical data should be based upon the standard step-backwater computer model utilized to develop the 100-year floodway shown on. the community's effective Flood Insurance Rate Map or Flood Boundary and Floodway Map (FBFM) and the results tabulated in the community's Flood Insurance Study (FIS). Although communities are required to review and approve the 11 o- rise" submittals, they may request technical assistance and review from the FEMA regional office. However, if this alternative is chosen, the community must review the technical submittal package and verify that all supporting data, listed in the following paragraphs, are included in the package before forwarding to FEMA. I -3- V Conditions Model 4. Modify the revised existing conditions model to reflect the proposed development at the new cross-sections, while retaining the currently adopted floodway widths. The overbank roughness coefficients should remain the same unless a reasonable explanation of how the proposed development will impact Manning's "n" values should be included with the supporting data. The results of this floodway run will indicate the 100-year floodway elevations for proposed conditions at the project site. These results must indicate NO impact on the 100-year flood elevations, floodway elevations, or floodway widths shown in the Duplicate `Effective Model or in the Existing Conditions Model. The original FIS model, the duplicate effective FIS model, the revised existing conditions model, and the proposed conditions model should all produce the same exact results. The "no-rise" supporting data and 'a copy of the engineering certification must be submitted to and reviewed by the appropriate community official prior to issuing a permit: The "no-rise" supporting data should include, but may not be limited to: a. Duplicate of the original FIS step-backwater model printout or floppy disk. b. 'Revised existing conditions.step-backwater model. C. Proposed conditions step-backwater model. d. FIRM and topographic map, showing floodplain and floodway, the additional cross-sections, the site location with the proposed topographic modification superimposed onto the maps, and a photocopy of the effective FIRM or FBFM showing the current regulatory floodway. e. Documentation clearly stating analysis procedures. All modifications made to the original FIS model to represent revised existing conditions, as well as ENGINEERING "NO-RISE" CERTIFICATION This is to certify that I am duly qualified engineer licensed to practice in the State of It is to further certify that the attached technical data supports the fact that proposed will not impact (Name of Development) the 100-year flood elevations, floodway elevations and floodway widths on (Name of Stream) at published sections in the Flood Insurance Study for dated (Name of Community) and will not impact the 100-year flood elevations, floodway elevations, and floodway widths at unpublished cross-sections in the vicinity of the proposed development. (Date) SEAL: . (Signature) (Title) (Address) FEMA, NTHD 8/91