20001075 Ver 1_Complete File_20000720

. .01
u,h STNfq 1 tS 10? li.??l E'l
MAY 2 4 2000
•? 01w. NJr?
LANDS GROUP.a..
WATER QUALITY SECTI.O_N
STATF c?r• NOR"I'I I CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUN f JR. P.O. BOX 25201. RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVIANOR SI?CRI?"I A R Y
May 11, 2000
U.S. Fish & Wildlife Service
160 Zillicoa St., #B
Asheville, NC 28806
ATTN: Mr. Mark Cantrell
Dear Sir:
SUBJECT: SECTION 7 BIOLOGICAL ASSESSMENT FOR TI IE APPALIACI HAN
ELKTOE FOR PROPOSED REPLACEMENT OF BRIDGE NO. 59 OVER
NORTI I TOE RIVER ON NC 80; MI'T'CHELL/YANCIY COUNTIES.
Attached is the Biological Assessment for the subject project. This assessment was
completed by the NCDOT - Project Development and Environmental Analysis Branch.
NCDOT is requesting your concurrence with the assessment of Not Likely to Adversely Affect.
Mr. Michael Wood is the contact person for this project. If you have any questions or
need any additional information, please contact him at [phone].
Sincerely,
William D. Gilmore, PE, Manager
Project Development & Environmental Analysis
cc: w/ attachment
Mr. Steve Lund, COE, NCDOT Coordinator
Mr. Chris McGrath, NCWRC
Mr. John Donley, Division of Watcr Quality
I

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMrs B. HUNf JR. P.O. BOX 25201. RAI.I:IGI1, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SFURI-TARY
May 11, 2000
Memorandum To: Mike Wood, Permit Specialist
From: Tim Savidge, Environmental Biologist
Environmental Unit
Subject: Section 7 Biological Conclusion for the Appalachian elktoe mussel
for proposed replacement of bridge no.59 over North Toe River on
NC 80; Mitchell/Yancey County, B-308%
References: 1). July 12, 1995 Meeting Minutes, Prepared by Phil I larris
2). July 27, 1995 Concurrence letter from USFWS
3). April 20, 1999 Memorandum from Michael Wood to Cindy
Sharer discussing reinitiation of Section 7 Consultation.
The proposed action calls for the replacement of bridge No. 59 over the North
Toe River. "file federally Endangered Appalachian elktoe (Alusiniclonlu rcivenilicrnu) is
known to occur in the North Toe River in Yancey and Mitchell Counties. A Section 7
meeting was held on May 22, 1995. At that time the closest known documentation of
Appalachian elktoe to the project area was approximately 6.4 kiolometers downstream.
A series of environmental commitments were developed at this Section 7 meeting that
would avoid/minimize potential downstream impacts to this species (Ref. 1). The US
Fish and Wildlife Service (FWS) concurred with NCDOT's conclusion of "Not Likely to
Adversely Affect" the Appalachian elktoe based upon the adherence to the commitments
generated at the May 22, 1995 meeting (Ref. 2). Since the completion of this Section 7
Consultation, the documented range of Appalachian elktoe in the North "foe River has
expanded considerably. This species has now been found approximately 5 miles
upstream of the project near Penland. Because of this new information as well as other
factors, Section 7 Consultation was reinitiated for this project (Ref. 3). A field meeting
was held on March 11, 1999 to readdress project-related concerns for the Appalachian
elktoe. The following commitments were generated as a result of this meeting:
Bridge No. 59 over the North 'foe Rivcr will be left in place. Monies dedicated for
bridge demolition will be utilized to rehabilitate the existing bridge. NCDOT will be
responsible for maintaining the bridge.
2. Wolf Branch will be relocated on site. The relocation will attempt to mimic the
existing conditions of the stream including the installation of a cross vane rock weir,
as detailed on sheets 3 and 4 of 7.
3. A temporary causeway will be used to facilitate bridge construction. The causeway
will span the entire river and the water will be diverted through 4 1 660" corrugated
steel pipes. This design will allow for the causeway to be overtopped on a 2-year
storm and allow a flow velocity of 8.8 feet per second.
4. Equipment that poses the potential to leak hazardous material, such as hydraulic fluid,
onto the causeway, shall only be placed on the causeway during periods it is
operating. Otherwise, it will be stored in a staging area that is not prone to flooding
from the river.
5. All drilled shafts within the river shall pump the resulting sediment to an appropriate
sediment retention basin.
6. A final mussel survey will be conducted within the project footprint in late either late
spring or early summer of 1999. If the survey reveals the presence of the
Appalachian elktoe, the Federal I lighway Administration will need to initiate formal
consultation with the Fish and Wildlife Service in accordance with Section 7 of the
Endangered Species Act. The decision to relocate Federally-endangered mussels will
be considered during the formal consultation process and will be dependent on
specific biological factors relative to the geographic area of impact and the species in
question. In addition, it may become necessary to redesign the causeway.
7. NCDOT will institute High Quality Waters (I IQW) sediment and erosion control
measures throughout the project. The area will also be designated as an
"Environmentally Sensitive Area" which will include the following provisions to
supplement the HQW measures:
a) Where possible, providing a 50-foot buffer zone along both sides of the stream
where clearing may occur, but grubbing is delayed until immediately before
grading operations.
b) Installing erosion and sediment measures immediately after clearing.
c) Seeding and mulching within 15 days, of completion of grading.
d) Requiring staged seeding of 20-foot fill sections of 2-acre increments, or
whichever is less.
e) Maintaining erosion and sediment control measures when half full.
1) NCDOT proposes to increase sediment storage capacity of sediment control
devices by 50% above the standard I3MP guidelines.

f
8. Steambank reforestation will be completed as detailed on the attached detail sheet.
The only variations will be the inclusion of tag alder (Alnus sel'lwlata) among the
Type 1 trees and possible changes in the Type 2 trees, depending upon availability.
w
9. All disturbed areas will be revegetated. Fertilizers, herbicides, and pesticides will be
used carefully and as little as possible during construction.
10. The Resident Engineer will provide written notification that construction is to begin
to Chris McGrath of the NCWRC, Mark Cantrell of the USFWS, and Tim Savidge of'
the NCDOT Natural Systems Unit, one month before the onset of construction.
Commitment #6 stated that a final survey be conducted at the project site,
including the area of the proposed causeway. A number of surveys had previously been
conducted at this site and no Appalachian clktoes were found (fable 1).
Table 1. Mussel Surveys Conducted at the B-3089 Site
Date Personnel Man-hours results
10-23-95 _ TS, MI-I, JF 6
- No mussels
10-05-98 CM, SM -
- ---- - No Mussels
10-07-98 TS, LW 4 No Mussels
10-14-98 TS, MW, CM, SM 2 No Mussels
Survey Personnel: TS (Tim Savidge-NCDOT), MII (Mark I lartman-NCDOT), JF (John
Fridell-FWS), CM (Chris McGrath-NCWRC), SM (Scott Marsh-NCWRC), LW (Logan
Williams-NCDOT) and MW (Michael Wood-NCDOT).
Tim Savidge, Logan Williams and Michael Wood conducted a final survey at the
B-3089 site on May 24, 1999. Survey methodology involved SCUBA, mask and snorkel
and view buckets. A total of '6 man-hours were spent and no mussels were found.
Biological Conclusion: Not Likely to Adversely Affect
Based on the survey results it is apparent that the Appalachian elktoe does not
occur within the immediate project area. The species does however, occur at various
sites in the river, both upstream and downstream of the project area. Degradation of'the
river habitat in the project area has the potential to affect this species. With the
implementation of the commitments listed above adverse impacts to this species can be
avoided. Based on the adherence to these Environmental Commitments, it can be
concluded that project construction is "Not Likely to Adversely Affect" the Appalachian
elktoe.

,ye.. Swte?
A' r
STATE OF NORTH CAROLINA
DEPARTMENT OF TPANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH. N.C. 27011-5201
R. SAMUEL HUNT II I
SECRETARY
July 12, 1995
MEMORANDUM TO: Mr.
Mr.
Mr.
Ms.
Ms.
Mr.
Mr.
Mr.
Ms.
FROM: Mr.
Pla
David Cox, NC Wildlife Resource Commission
John Alderman, NC Wildlife Resource Commission
Steve Ahlstedt, Tennessee Valley Authority
Janice Nichols, US Fish and Wildlife Service
Candice Martino, US Fish and Wildlife Service
Jim Wilder, P. E., NCDOT-Bridge Construction
Abdul Rahmani, NCDOT-Hydraulics
Hal Bain, NCDOT-Biologist
Pamela R. Williams, Wang Engineering
Phil Harris, Project Planning Engineer
nning and Environmental Branch
SUBJECT: Replacement of Bridge No. 59 on NC 80 over North Toe
River, Yancey/Mitchell Counties, Federal-Aid Project No.
BRSTP-80(5), State Project No. 8.1900601, T.I.P.•-No.
-B-3089, Section 7 Consultation - Appalachian Elktoe
MEETING MINUTES
An informal Section 7 Consultations was held May 22, 1995, on site to
discuss construction efforts to minimize any possible impacts to the
Appalachian elktoe. The following participants were as follows:
Mr. John Fridell, U. S. Fish and Wildlife Service
Mr. David Patton, NCDOT - Bridge Construction
Mr. Tim Savidge, NCDOT - Biologist
Mr: Phil Harris, NCDOT - Planning and Environment Unit
Ms. Pam Williams, Wang Engineering
Mr. DeWayne Taylor, Wang Engineering
The Appalachian elktoe is located approximately 6.4 kilometers
downstream from the subject project site.
The North Toe River has a Class C Trout rating from the North Carolina
Division of Environmental Management.
The existing bridge is 64.6 meters in length and has three spans with
spandrel arches. The existing side rails and asphalt can be removed from top
without debris falling into river. The arches when cut will collapse into
M
r
July 12, 1995
Page 2
river and any debris will be removed down to the mud seal. The mud seal is
probably setting on the riverbed. The demolition of the existing bridge will
require approximately three weeks.
The proposed bridge will be approximately 150 meters in length, will
cross over CSX Railroad and the N. Toe River, on new location downstream
approximately 250 meters of the existing bridge. The proposed roadway will
be approximately 22 meters above the riverbed. The number of spans and type
construction (steel or pre-stressed girders) will not be determined until
preliminary design. All piers located in the river or edge of water will be
installed using the drilled shaft method. Any piers in the river on the
Yancey County side may require a temporary rock work road. Any piers in the
river on the Mitchell County side may require a temporary rock work road
across the river from the Yancey County side or along the riverbanks on the
Mitchell County side.
Environmental Commitments from NCDOT to be included in the categorical
exclusion document are:
1. High Quality Waters Erosion guidelines will be followed throughout
construction.
2. Early reforestation and seeding of any disturbed areas.
3. The piers of the interior bents will be installed using the drilled
shaft method.
(Revised)
4. A temporary work road will be placed in water to provide access for
the drill shaft construction. Normal flow rates will not be
interrupted by the construction of the temporary road work.
5. Temporary work roads should not be removed during the month of
August or between March through May.
6. Demolition of the side rails and asphalt to be removed from top.
Any debris that falls into the river is to be removed. Remove
asphalt road and reseed during"growing season.
7. Notification is required by the contractor of the construction
initiation date to the US Fish and Wildlife Service (USFWS), USFWS
District 8 Fisheries Biologist Chris Goudreau, NC Wildlife Resource
Commission, TVA and NCDOT's Environmental Branch prior to
construction.
8. A pre-let survey will be performed at the bridge for occurrence of
the elktoe.
If you have any question regarding these comments, please contact Mr.
Phil Harris, NCDOT's Planning and Environmental Branch at [phone] ext.
266.

PH/rfm
¦
TUnited States Department of the Interior
FISH AND WTI.DLIn SERVICE Asheville Field Office 330 Ridgefield Court
Asheville, North Carolina 28&X3
July 27, 1995 Q`
r MX 3 t 1495
&o. UiViSIG"l OF
G? ^?GHWAYS ,
Mr. H. Franklin Vick, P.E. ' ??1r?RONN??1'CP
Planning and Environmental Branch
Division of Highways
North Carolina Department of Transportation
P.Q. Box 25201
Raleigh. North Carolina 27611-5201
Dear Mr. Vick:
Subject: 4iove05eMitchell andtYanceY1dCoentli?esberT59 PveNoth6-3089h Toe
In your transmittal letter of July 17. 1995 (received or) July 21. 1995).
you requested our concurrence that the subject project is not likely to
adversely affect the federally endangered Appalachian elktoe (Al mi nta
rave erllana). The following Scormlents are provided i accordanceUwith
Section 7 of the Endanger p
1531-1543) (Act).
As you are aware. Mr. John Fridell of our staff attended the informal
Section 7 consultation meeting for the subject project on May 22, 1995.
The July 12, 1995. meeting summary provided as an attachment to your,
letter includes a list of eight environmental commitments that the North
Carolina Department of Transportation (NCDOT) will honor to minimize any
impacts to a known occurrence of _Alass o to raveneli na located
downstream of the proposed project. We believe these environmental
commitments accurately summarize the measures agreed upon at the field
meeting. Thus. if these eight environmental comet tments are implemented,
the U.S. Fish and Wildlife Service (Service) concurs with the
determination that the project, as proposed, is not likely to adversely
affe?t. A
Please note that it was also agreed upon at the field meeting that a
survey for Virginia spiraea (Soiraea ini n ). a federally threatened
area.
plant species, would be conducted by NCDO in the general project he
1,4 b either forwarded to our office (.if t
The survey results, shou I
species is observed within the project area) or noted in the categorical
exclusion document (if the species is not located within the project area
during the survey).
The Service appreciates the excellent coordination and cooperation from
your staff with regards to this project, In any future correspondence
concerning this project, please reference our Log Number 4-2-95-103.
Sin ely.
Brian P. Cole
Field Supervisor
cc:
Ms. Stephanie Goudreau, North Carolina Wildlife Resources Commission,
320 S. Garden Street. Marlon, NC 28752
Mr. John Alderman, North Carolina Wildlife Resources Comni55ion, Route 4,
Box 518. Pittsboro. NC 2731LI
Mr. Bob Johnson, U.S, Army Corps of Engineers. Regulatory Field Office,
151 Patton Avenue, Room 143, Asheville, NC 28801-5006

r7 a Nyr
STATE ol, Nown i CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT .IR. 11.0. BOX 25201. RALEIGH, N.C. 2761 1-5201 L:. NORRIS TOLSON
GovERNOR SECRETARY
April 20, 1999
MEMORANDUNI TO: Cindy Sharer, P.E.
Project Planning Unit
FROM: Michael Wood, LY, ?A)
Natural Systems Specialist
SUBJECT: SECTION 7 CONSULTATION FOR BRIDGE NOS. 59 AND 15
ON NC 80 OVER THE, NORTH TOE RIVF,R ON TI IL
YANCEY/ MITCHELL COUNTY LINF,, B-3089.
On May 22, 1995, an informal Section 7 Consultation was completed regarding possible
impacts to the Appalachian elktoe (Alusnridowa rtiven elicnui), a federally endangered species,
that may occur as a result of this project. Asa result of this meeting, a list of Environmental
Commitments, found of pages 1 an 2 of the Categorical Exclusion (Cl-,") document, were agreed
to he implemented during project construction. On September 28, 1996. the United States Army
Corps of Engineers (USACEjissued a Nationwide Permit (NWP) 23 for the subject project.
Since the issuance of the permit, three issues have evolved that resulted in a reinitiation of
the Section 7 Consultation. First, the mussel was found much closer to the bridge than
previously known. Second, the project design did not coincide with what was presented at the
initial consultation. and third, a temporary causeway which spans the entire river, as opposed to a
small one on either side, was called for in the design. On March 11, 1999, another on-site
meeting was held to address these issues. A list of attendees is shown below:
David Patton
Marc Shown
Neil Trivett
Byron Moore
Randy Griffin
Mark Cantrell
Jon Smith
Chris McGrath
Tim Savidge
Logan Williams
Andy Mealy
Lynn Smith
Michael \Vood
Construction Unit
Ilydraulics Unit
Roadside Environmental Unit
Roadside Environmental Unit
Roadside Environmental Unit
USFWS
USFWS
NCWRC
NCDOT - PDL:A
NCDOT - PDIA
NCDOT--PDFA
NCDOT -- PDFA
NCDOT - PI)F'A
Tim Savidgc, NCDOT Biologist, began the meeting by describing the mussel and the new
information that has become available since the initial consultation. Michael Wood, NCDOT Natural
Systems Specialist, and Mark Shown, NCDOT hydraulics engineer, described the bridge design and
the proposed temporary causeway.
Mr. Mark Cantrell initiated discussion on the proposed method of demolition of the existing
bridge. Mr. David Patton of the NCDOT Construction Unit stated that, due to its design, it would not
be possible to remove the existing bridge without large portions of it falling in the river. Both Mark
Cantrell and Chris McGrath stated this was one of their main concerns with the project.
Discussion then concentrated on the proposed relocation of Wolf Branch and what type of'
temporary causeway should be used to facilitate construction of the bridge. Mark Shown and David
Patton described the proposed design. Mr. Byron Moore then discussed the sediment and erosion
control measures proposed for the project. The following provisions to protect the Appalachian clktoc
were agreed upon either at the meeting or after further investigations:
Bridge No. 59 over the North Toe River will be Ictt in place. Monies dedicated fir bridge
demolition will be utilized to rehabilitate the existing bridge. NCDOT will be responsible f();
maintaining the bridg(-
2. Wolf Branch will be relocated on site. The relocation will attempt to mimic the existing condition:,
of the stream including the installation ofa cross vane rock weir, as detailed on sheet ') o".'.
A temporary causeway will be used to facilitate bridge construction. The causeway will span the
entire river and the water will be diverted through 4 (cJ 60" corrugated steel pipes. This design will
allow for the causeway to be overtopped on a 2-year storm and allow a flow velocity of 8.8 feet per
second.
4. Equipment which poses the potential to leak hazardous material, such as hydraulic fluid, onto the
causeway, shall only be placed on the causeway during periods it is operating. Otherwise, it will be
stored in a staging area that in not prone to flooding from the river.
5. All drilled shafts within the river shall pump the resulting sediment to an appropriate scdimcnt
retention basin.
6. A final mussel survey will be conducted within the project footprint in late either late spring or
early summer of 1999. If the survey reveals the presence ofthe Appalachian clktoc, the Federal
I- Iighway.Administration will need to initiate formal consultation with the Fish and Wildlife
Service in accordance with Section 7 of the Endangered Species Act. The decision to relocate
Federally-endangered mussels will be considered during the formal consultation process and will
be dependent on specific biological factors relative to the geographic area of impact and the species
in question. In addition, it may become necessary to redesign the causeway.
7. NCDOT will institute I ligh Quality Waters (I-iQW) scdimcnt and erosion control measures
throughout the project. Steambank reforestation will be completed as detailed on the attached
detail sheet. The only variations will be the inclusion of tag alder (illnus scrr•nlula) among the

T'vpe I trees and possible changes in the I'vpe 22 trees, dependin;I upon availability.
All disturbed areas will be revegetated. Fertilizers, herbicides, and pesticides will be used carefully
and as little as possible during construction.
9. The Resident Engineer will provide written notification that construction is to begin to Chris
McGrath of the NC WRC, Mark Cantrell of the USFWS, and Tim Savidge of the NCDOT Natural
Systems Unit, one month before the onset of construction.
If you have any questions or need additional information, please contact ?ne at 919-733-1 194.
cc: Attendees
F
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
4 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 17, 2000
Yancey & Mitchell Counties
DWQ Project # 001075
COE# 199604336
TIP B-3089
APPROVAL of 401 Water Quality Certification
Mr. Bill Gilmore, NCDOT
Project Development & Env. Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Gilmore:
You have our approval, in accordance with the attached conditions, to place fill material in 207 linear feet of streams for the
purpose of replacing a bridge over the North Toe River (#59) on NC 1080, as you described in your application dated July 20, 2000.
After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3107 and
3114. These Certifications allow you to use Nationwide Permit Numbers 23 and 33 when the Corps of Engineers issues them. 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 send us a new application. 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). For this approval to be valid, you
must follow the conditions listed in the attached certification. This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General 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 Dorney at 919-733-1786.
Sincerely,
[evens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File Copy
Central Files
Division of Water QLIFIlity • Wetlands/401 Unit
4401 Reedy Creek Rd • Raleigh, NC 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
0c /e% /-
5-STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
U.S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
ATTN: Mr. Steve Lund
Dear Sir:
SUBJECT: NATIONWIDE PERMIT 33 MODIFICATION FOR BRIDGE NO. 59
OVER NORTH TOE RIVER AND CSX RAILROAD ON NC 180,
YANCEY/MITCHELL COUNTY. TIP B-3089. ACTION ID#s
199604336, 200031259, and 200031260.
On October 1, 2000, a Nationwide Permit 23 and 33 was issued for the subject
project. Included with these permits and incorporated into the permit package were the
results of a Section 7 Consultation concerning potential impacts to the Appalachian
elktoe (Alasmidonta ravendiana).
Upon letting of the project, the Contractor has requested changes in the temporary
causeway that will be necessary to construct the bridge. These changes are as follows:
Modification and relocation of the causeway upstream 30 feet.
Installation of two 25-foot temporary bridges within the causeway in lieu of the 4 @
60 inch pipes.
Allowing the causeway to remain in place for 15 months
r ?'A
January 25, 2000
DAVID MCCOY
SECRETARY
The modified causeway will actually have a smaller footprint than the current causeway.
Also, by utilizing the two temporary bridges instead of the pipes, the hydraulic opening
will be increased approximately twofold. These changes were reviewed in the field with
personnel from the U.S. Fish and Wildlife Service and the N.C. Wildlife Resource
Commission on January 9, 2001 and they verbally concurred with these changes.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548
TELEPHONE: [phone]
FAX: [phone]
WEBSI TE: IWYW. DOH. DOT. STATE. NC. US
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC
r
K
Permit drawings reflecting these changes are attached. All other Conditions and
Commitments listed in the original permit will be followed. The one slight change is that
the Resident Engineer should contact Ms. Marella Buncick of the USFWS instead of
Mark Cantrell, for all project related matters.
It is requested that the above mentioned activities be permitted via a modification
of the existing Nationwide Permit 33 (Temporary Construction, Access, and Dewatering).
By copy of this letter, it is also requested that the appropriate General Water Quality
Certifications be modified by the North Carolina Division of Water Quality. A copy of
this request is also being provided to N. C. Wildlife Resources Commission and the US
Fish and Wil ldlife Services for their review.
Sincerely,
William D. Gilmore, PE, Manager
Project Development & Environmental Analysis
cc: Mr. David Franklin, USACE, NCDOT Coordinator
Mr. John Dorney, Division of Water Quality
Ms. Marella Buncick, USFWS
Mr. Chris McGrath, NCWRC
Mr. Byron Moore, P.E., Roadside Environmental
Mr. John Alford, P.E., Roadway Design
Mr. Calvin Leggett, P.E., Program Development
Ms. Debbie Barbour, P.E., Highway Design
Mr. David Henderson, P.E., Hydraulics
Mr. Timothy V. Rountree, P.E., Structure Design
,-Mr. Roger Bryan, Division 13 DEO
Mr. F. D. Martin, P.E., Division 13 Engineer
Ms. Cindy Sharer, Project Development and Environmental Analysis
?(.t e_ lk ?kt
/?(/Lw?.fJr rYt,sGl
hed to

DOT RES ENG S V HYRTT Fax:704-658-Y441
lz/ZZ/UU 'C 1 to.vv rw? .-. ..
i
A
1
Jan 1 'U1 ll:U? r.uD
IN r
- rZ ?t aU ti r?
/too
N

k
k9i
a?
OVA 1
1;2 >
7
Rol e
e xi ? a
------------
i? v
OUl Kt5 LNb 5 V HYHII raX:(U4-ODO-J441
12/22; 00 b'KL La : ao ne -
V
N
a
O Q M
y
W
ti r
a
w
n
N
?t
1
1
n
N
91
wtV

Jdfl L VL 11 - VV vv

i
1
?. J9oa?o J
?2/zZ?+a? hrs.
17
Q
R
• M
M1
y

h ?
M
h

1*

DOT RES ENG S V HYHII FdX:(U4-b:)b-J441
12/22'00 FKL IJ:nn rAA Q&- --
0
TAYLOR & MURPHY
CONSTRUCTION CO., INC.
P.O. BOX 6215
ASHEVILLE• NORTH CAROLINA 28816
PHONE [phone] - FAX [phone]

Ly
1
Jan ?? 11•VV
PROJECT.
DUI KE5 LNb 5 v HYHII rax:(U4-ODO-J441
lzlzvluu rnl Lo.vv I- _
TAYLOR & MURPHY
CONSTRUCTION CO., INC.
P.O. BOX 6215
ASHEVILLE, NORTH CAROLINA 28816
PHONE [phone] - FAX [phone]
Jdfl L Ul 11•Uf vo f
t
PROJECT
LOCATION:
0 SHEET T '&OF
PATE: Z ?
1
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DAVID MCCOY
GOVERNOR SECRETARY
July 20, 2000
U.S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 143
A5heville, NC 28801-5006
;ATTN: Mr. Steve Lund
-
tir Sir:
SUBJECT: NATIONWIDE PERMITS 23 (RENEWAL) AND 33 APPLICATION
FOR BRIDGE NO. 59 OVER NORTH TOE RIVER AND CSX
RAILROAD ON NC 180, YANCEY/MITCHELL COUNTY. TIP B-
3089. ACTION ID# 199604336.
The North Carolina Division of Transportation (NCDOT) proposes to
replace the subject bridge on new location, approximately 909 feet (277 meters)
downstream of the existing bridge. The new bridge will have a clear roadway width of
28 feet (8.6 meters) and a length of approximately 492 feet (150 meters). The new bridge
will also span the CSX Railroad on the east bank of the river in Mitchell county and NC
80 on the west bank the west bank in Yancey County before rejoining NC 80 near SR
1300 in Yancey County. Traffic will be maintained on NC 80 and the existing bridge
during project construction. The State Project No. is 8.1900601 and the Federal Aid
Project No. is BRSTP-80(5).
The United States Army Corps of Engineers (USACE) issued a Section 404
Nationwide Permit 23 for the subject project on September 24, 1996, Action ID
199604336. The permit expired on January 21, 1997. This project is scheduled to be let
to construction in November 2000. Consequently, the North Carolina Department of
Transportation (NCDOT) needs to renew authorization for this work.
Since the issuance of the permit, the circumstances involving the project as well
as the project design have changed. Most notably, Appalachian elktoe (Alasmidonta
raveniliana), which was only known to occur in the North Toe River approximately 4
miles downstream of the project, has been extended to 5 miles upstream. Other
developments since the permit issuance are the impacts to Wolf Branch, a tributary to the
North Toe River, and the need for a causeway to facilitate bridge construction.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.DOH.DOT.STATE.NC.US RALEIGH NC
RALEIGH NC 27699-1548
r ?
Appalachian elktoe. As a result of the increase in the range of the Appalachian
elktoe, numerous species surveys were conducted in the project area and the Section 7
Consultation was reinitiated. As a result of the Consultation, the following commitments
were established:
Bridge No. 59 over the North Toe River will be left in place. Monies dedicated for
bridge demolition will be utilized to rehabilitate the existing bridge. NCDOT will be
responsible for maintaining the bridge.
2. Wolf Branch will be relocated on site. The relocation will attempt to mimic the
existing conditions of the stream including the installation of a cross vane rock weir,
as detailed on sheets 3 and 4 of 7.
3. A temporary causeway will be used to facilitate bridge construction. The causeway
will span the entire river and the water will be diverted through 4 @ 60" corrugated
steel pipes. This design will allow for the causeway to be overtopped on a 2-year
storm and allow a flow velocity of 8.8 feet per second.
4. Equipment that poses the potential to leak hazardous material, such as hydraulic fluid,
onto the causeway, shall only be placed on the causeway during periods it is
operating. Otherwise, it will be stored in a staging area that is not prone to flooding
from the river.
All drilled shafts within the river shall pump the resulting sediment to an appropriate
sediment retention basin.
6. A final mussel survey will be conducted within the project footprint in late either late
spring or early summer of 1999. If the survey reveals the presence of the
Appalachian elktoe, the Federal Highway Administration will need to initiate formal
consultation with the Fish and Wildlife Service in accordance with Section 7 of the
Endangered Species Act. The decision to relocate Federally-endangered mussels will
be considered during the formal consultation process and will be dependent on
specific biological factors relative to the geographic area of impact and the species in
question. In addition, it may become necessary to redesign the causeway.
7. NCDOT will institute High Quality Waters (HQW) sediment and erosion control
measures throughout the project. The area will also be designated as an
"Environmentally Sensitive Area" which will include the following provisions to
supplement the HQW measures:
a) Where possible, providing a 50-foot buffer zone along both sides of the stream
where clearing may occur, but grubbing is delayed until immediately before
grading operations.
b) Installing erosion and sediment measures immediately after clearing.
c) Seeding and mulching within 15 days of completion of grading.
P
d) Requiring staged seeding of 20-foot fill sections of 2-acre increments, or
whichever is less.
e) Maintaining erosion and sediment control measures when half full.
f) NCDOT proposes to increase sediment storage capacity of sediment control
devices by 50% above the standard BMP guidelines.
8. Steambank reforestation will be-completed as detailed on the attached detail sheet.
The only variations will be the inclusion of tag alder (Alnus serrulatu) among the
Type 1 trees and possible changes in the Type 2 trees, depending upon availability.
9. All disturbed areas will be revegetated. Fertilizers, herbicides, and pesticides will be
used carefully and as little as possible during construction.
10. The Resident Engineer will provide written notification that construction is to begin
to Chris McGrath of the NCWRC, Mark Cantrell of the USFWS, and Tim Savidge of
the NCDOT Natural Systems Unit, one month before the onset of construction.
A Biological Assessment for the Appalachian elktoe, listing these commitments,
was prepared by NCDOT and submitted to the United States Fish and Wildlife Service
(FWS) on May 11, 2000 with a Biological Conclusion of Not Likely to Adversely Affect.
The FWS concurred with conclusion in a letter dated June 27, 2000. A copy of the letter
is attached.
Wolf Branch. Wolf Branch, a tributary to the North Toe River, will be impacted
as a result of realigning NC 80. An existing pipe under NC 80 will be removed and a
portion of the channel filled due to road construction. The stream will be relocated from
the mouth of the pipe to another point just downstream. A new pipe will then be placed
in the existing channel to facilitate the realignment of the spur road to the Yancey County
Landfill.
In all, 207 linear feet (63 meters) of existing channel will be filled. However, 112
linear feet (34 meters) will be relocated on-site resulting in a net loss of 95 feet. The
redesign will utilize bioengineering techniques, including a cross vane rock weir, as
detailed on sheet 4 of 9. No further mitigation is proposed.
Temporary Causeway. It will be necessary to construct a temporary crossing of the river
for project construction. The causeway will span the entire river and the water will be
diverted through 4 @ 60" corrugated steel pipes. This design will allow for the causeway
to be overtopped on a 2-year storm and allow a flow velocity of 8.8 feet per second. It
will require 550 yd3 of Class II rip rap be placed below the normal water surface in an
area totaling 0.18 acre. The causeway is expected to be in the river for no more than 230
days. Upon completion of the project, the fill will be removed to the extent practicable
without disturbing the river bottom. The stream banks will be replanted with natural
vegetation.
Please review the above mentioned activities for authorization under Section 404
Nationwide Permit 23 (Categorical Exclusion) and a Nationwide Permit 33 (Temporary-
Construction, Access, and Dewatering). By copy of this letter, it is also requested that the
appropriate General Water Quality Certifications be issued by the North Carolina
Division of Water Quality. Since this project occurs in a designated trout county, a copy
of this application is also being provided to the N. C. Wildlife Resources Commission for
their review.
Sincerely,
-?y
,W William D. Gilmore, PE, Manager
Project Development & Environmental Analysis
cc: Mr. David Franklin, USAGE, NCDOT Coordinator
Mr. John Dorney, Division of Water Quality
Ms. Marella Buncick, USFWS
Mr. Chris McGrath, NCWRC
Mr. Randy Wise, P.E., Roadside Environmental
Mr. John Alford, P.E., Roadway Design
Mr. Calvin Leggett, P.E., Program Development
Ms. Debbie Barbour, P.E., Highway Design
Mr. David Henderson, P.E., Hydraulics
Mr. Timothy V. Rountree, P.E., Structure Design
Mr. F. D. Martin, P.E., Division 13 Engineer
Ms. Cindy Sharer, Project Development and Environmental Analysis

Z O
°
O F-

U) a) 0
>- Z
Q C
a= 0) W
o (L) U

. Q
U
C6
w ? N It N CO O
F- LL
O
p O
u F
W to c n`

rn
o o
? OD
U
LL c Z Z W
W
2
U) LL

CC

LL a)

U)

2
f0

E
of O

U)
LL

-i CL
E

N
N
O
C
N

0
v ?
N C ..`
N
C
?
E
?
U L ?..
c U
W
fn N ? M M
?
H
U C E
Q O LO

O M M
W
Q C C ?
E
.

-
CU
...
N
?

U lL
x
ttl

0

O
L
? - d v

C 7 =
O
O

Z
LL
O
?
?
N_
C O co
L L
L ?

m G
°' -o v
c
?O ? cCo
m
-
U ? ? L

C
N
C ~

G

U

c N C1

d c
°
? m

n 0
Z X
W c

o
?
W N
- 'a
3
`
°
co
o.
-
E

N o
c "°

a? x
U N LO
O

O
?
O N O
?
O
N
N

co
m O
J
_ O
? Z r
- w ~ Q
3: ?: O

Z rn
U o
N a co') 00 O
n
I-
?nvTncrl v \,- Zn` I `!•'I Valle .6 -41", ate--` ?C 7 7/ .Allun?/=.' ?s Mounlaln Cru Is[i r.r°vr/ ell
Jnicol Roan Mln s I1t Ion 1 NJ?r[
GfCeIIEYIIIE??f, 13eulum 6 \/ Ily? J isw? y to na Mr e v e tl? ,:r It Seve?J
l.. i??, y1J I' f1A r d• 3sl??upevd?,?
I 311 Cr n Hrr SutM tUt `
/•+ "I ?1 I1N Jve.' i I ?II sRlowrni Roc A,
r, '` RulaJtan FUft. '-?•1"? I . y G,?,.?n.,rn.,
_??? 1,! a>! 0M'Cf. Ilk, I Wlls / ?. ( ,i•: - le
MITC N LL 7tl (i,? JNt l,nd ;; ` SJSE
a T 0\
+./`i Popw 171 + 1 _. :rll vrli p ,'•-
,??l yyy+ P\''\ 23 19W l A? V ' Y/.' jaoot -'; 311.
/ O? , a - ed Hd ?
Ylundlt 1 ,Pmtul¦ •
i. P ?`'? SIU G.ein 0
+
rus snw 50 F
_. ,_. ?' ?? +?(HIIa[t7p J Moiu"n•arA Balk
??j?lo A t -_. It ?.•y o'a,aell,ml U¦r RuoA) r . ' ..y f/? ,l fdYemoni ?. - Yalta so
P % f r of 71 L ?. c?\/ ere +R n a, ¦ edl., C A r L D;' 7
N1 \ , WnllerocM"1''? +.v # Bdd\ I1? H? lilt ells t II tun air,, t.,
• \"- \'? s I:J./ c l,
ret x { 6 J f " \ nrllle
75 y?e ?' A ,;.•;, 1 S ss ?? I J•'"''I' 1 R umsmlle cavil (c colleltsvdle •Valrnea
Js it falls
f of w \ + Lenoir •+???. u f \ .alb o t Cv II 19(? or ucPul'JJ/ r'I? tl MusA,4Y (n) ..
?% - 1'_19) Y,;, "J E Cf I I? 1 J A lord
MADISON 117 ( l i f7' an C..tll
/ ?•\•-, walnut 1 : '"J , I \ 1 ,.,rl(WY,? i? 4 'I,rl. lu.. • - t
Malt Mll Ce o, h , 6 I ?`.LOIe Rod Ifud
s7•
®rt
I I r1:- 11 I, I 1 Pentacola 1 {„N?'.. ti? 1
.1. l Sdr
J J
71 J 41 o l IHI SMII Ter 1 w
Hamric
,Joe r t y MurcM son - r8 tlon,
?Q Still creek /f 6 ^ 11 ,, M.ubdr a• 776 61 ."k.
. '% Muth II I "' 1 Woud /wn 1\.? aA Ild -'7,'AuJlu..,?
1 , 1« 1 + 7 I IDt Itl $T el 6664
,% ,.i 1 ((( pile J Ban nUSrUle n, e.,r lr 17 ? ..?
Trost a . 7J / ?J DIRmtMmt?,r..,, e'? St. A MCI) , E L L•I 7 tlf?p 1 7 'j br e.ei ?`?
?-, Y/Idti1
luck 2 ?` I e 11 1 StocAsrdle 171 y 17 Luhv a 'v' J 0e Glen ??
11 II Gt t) 77E !•?Iplnt-Y?, '!• -L
)?t? .1 7J I J Fs0 Tnh,,,,n, -? f71eb ? .! 1 ?..
if y-
!•, s - 6 Aleaand Weanlle 5 IUud a«altF.." `
iTa w • r,,,,,,?'' •'-y '°wr Pleassnl Garden 7 /0 y I t ??'®'
,
I B Usn J N C._1 7 O ,t E fP\SGP 0r?-\(L? ar4uny m 0" *Morganton` It wiq
I \\
`-- ?ng
0 .-? ).
J '?? `;? 6 9N Boonford l 170
END
k PROJECT
I BI- GIN
PROJECT
.
80
V IC I(A 11 Y MAID-'
N. C. DEPAR'T'MENT OF TRANSPO]
DIVISION OF HIGHWAYS
YANCEY/MITCIIELL COUNTIE
PROJECT : 8.1900601/8.1880:
(B-3089/B-1283
BRIDGE OVER NORTH TOE R'.
SIIEE'T__-I __ OI'- I___

POT -L- 2400.00
POT -L2REV- 1905.95
i
-L--
S 5l' 04' 55J' W
PC -L2REV- 18{91.1-'1
41.71 B,5?; 51 -3000/
I- 11 111 `?
1 1 F' 1 i
111
111 I W WOODS ul
7111',
C?
E- - E J- E?E---E
\
TOE PROTECTION
71.48 CLASS 'A' STONE 1 11
6'& 131.06+'11,111El
>111?111C?111?II1`?-_Xf' ? r.
STING
-5 _`ti1_-'
iISTING RAW j!? j? 1
i 1?111??111?j,lllki 111 `V"
20
NATIVE STONE
d50=12" (o 12 TONS
6 C-0)

_; - 15
F .I
c; I
23.33-D9
71.43'
1 `
S 26% o?
\ I CL ASS jr),
1``3 1
24.73.70
30.00' (L;
2G1 15' 2G1
-m '. X t\
?? -
128" X 83' EST. --=
CS PIPE ARCH
R c 17.9427 -L2RC_V- 1\1''\1 £?I
17.56.9 -L2REV_
f
?>>1111V 111??1
-1-
nI 15320'
Imo;
C0l
c?
WOODS
IG, \Ll
s 7
17.23.0.?_ -12REV-
•s s ;
i
WOODS
iI3' wind: onh ROBI1 D[3 L
t. i

UENo•rES FILL IN WETL.-kNDS
DENOTES FILL BELOW
ORDINARY HIGH WATER
N.C. DEPARTML:NT OF TRANSPORTATION
DIVISION OF HIG1WAYS
YANCEY/MITCHELL COUNTIES
PROJECT: 8.1.900601 / 8.1880301
(B-3089/B-1283)
BRIIX;E OVER NORTH TOE RIVER
SHEET' 2 OF y
T
O r?
?J
\ ?J

?!- O J

C N ?
J ¦,
i
? N
y? /
y, J l
J
cr
w_
:L
U
O
W
Z -1
aQ
w
(n p
V)
ow
O? w
U In
\

1
1\
\ 1
Y

a o
x
r ?o m m?
F 00? p i

w w o zz

C
s
W
..a
u
¦
I
0
< a I
7.
L
w LLU
O z 0
f. 1
Y
ti
Q
A
w
U
O
44

I
Ln ?
?J
G-i
V V
Q
m
m
z
0
ti
Q-)

F

?
ell

p
r !.

t

r: A
LK?J
I')-C??
T J `
ct 13
X11 ? d
ti h n
7 ,
L ? O

0
O
E" O U o°?, ? ? F
.,
z

c?
? v
?
Uz
z a

is a
_o I. F-f
v
? in°C°
`
tom

o °
Q
%
o

W

4i+ li 1

y
a p - yo
k J v
t °
°
O
w
PLAN
SCALE
0" c,0,, 100
N.C. DEPARTMEN'T' OF TRANSPORTATION
DIVISION OF HIGHWAYS
YANCEY/MITCHELL COUNTIES
PR0JECT:8.1900601/8.1880301
(B-3089/B-1283)
BRIDGE OVER NORTH TOE RIVER
SHEET--'-,- OF 'j
- I
I - -

- - - - - - - - - - - - - - - - -

I
T M F T

I
_ _ - - -

- - - - _ . -i

v
z 1

1.:. 1

PROFILE
VERT _SCALE
H O R I Z SCALE 20' N. C. DEPARTMENT OF TRANSPORTATION
,.?-.?„... DIVISION OF HIGHWAYS
YANCEY/MITCHELL COUNTIES
n' 50' I00' PROJECT : 8.1900601 /8.1880301
(B-3089/B-1283)
BRIDGE OVER NORTH TOE RIVER
SHEET ?, OF
-I-F77-1 I V- - - IT-1-1-1-117'717 71
i
?t -
r I _ ?!
r--- - }
:-- - _
T Is
4 1.
N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
YANCEY/MITCHELL COUNTIES
PR0JECT:8•.1900601/8.1880301
(B-3089/B-1283)
BRIDGE OVER, NORTH TOE RIVER
SHEET__rj A OF_°,_
Y
PROPERTY OWNERS
OWNER'S NAME
ROBERTA CIROCCO
- ADDRESS
HERMAN S. HOWELL
P.O. BOX 5751
FT. LAUDERDALE, FL
33310
RT. 2, BOX 966
BURNSVILLE, NC
28714
CSX RAILROAD
MARIE HOWELL BUCHANAN
DWQ ID: CORPS ACTION ID: 199604336
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 23 & 33
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 ,72
COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY,
ATTN• JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC
27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: North Carolina Department of Transportation
2. MAILING ADDRESS: NCDOT - PDEA
SUBDIVISION NAME 1548 Mail Service Center
CITY: Raleigh STATE: NC ZIP CODE: 27699-1548
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
Bridge No 59 over the North Toe River and CSX Railroad on NC 180, Yancey/Mitchell Counties
3. TELEPHONE NUMBER: (HOME) (WORK) 919-733-3141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Yancey/Mitchell line - NEAREST TOWN: Burnsville
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) See maps
6. IMPACTED OR NEAREST STREAM/RIVER: North Toe River RIVER BASIN: French Broad
7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-1 OR WS-II)? YES ® NO n IF YES, EXPLAIN: Trout
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO
(c) 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? -----
8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ® NO F] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
199604336
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [-] NO ® IF YES, DESCRIBE ANTICIPATED WORK: -----
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.0
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.0
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: X
OTHER:
IL IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 1 1 DRAWINGS ONLY)
Construction of a new bridge 909 feet downstream of the existing bridge.
13. PURPOSE OF PROPOSED WORK: Public Transportation
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE 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: May 11, 2000
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 12/12/95.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC
(STATE) LAND? YES ® NO F? (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ® NO ?
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ® NO ?
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE 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 [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET
OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(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? Rural
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? .....
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
I. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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
go
ER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
June 27, 2000
Mr. William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Gilmore:
Subject: Section 7 Biological Assessment for the Appalachian Elktoe (Alasmidonta raveniliana)
Mussel at the Replacement of Bridge No. 59 Over the North Toe River on NC 80,
Mitchell and Yancey Counties, North Carolina, B-3089
In your letter of May 11, 2000 (received May 25, 2000), you requested a review of the survey
results and biological conclusion for the Appalachian elktoe (Alasmidonta raveniliana) for the
subject bridge replacement project. We also received additional information from Mike Wood
via e-mail on June 15, 2000, with regard to Virginia spiraea (Spiraea virginiana) at the site. Our
comments are provided in accordance with 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 in your report, the original informal Section 7 consultation for the
Appalachian elktoe (Alasmidonta raveniliana) on this project was conducted on May 22, 1995.
At that time the closest known location of the mussel was 6.4 km downstream from the project.
A series of environmental commitments were developed to avoid and minimize downstream
impacts to the species. Based on the existing information in 1995 and the North Carolina
Department of Transportation's (NCDOT) agreement to adhere to the environmental
commitments, we concurred with a "not likely to adversely affect" determination. Subsequent
mussel surveys in the Toe River have found the species in other locations.
As a result of the new information, informal Section 7 consultation was reinitiated for this
project. A field meeting, held on March 11, 1999, resulted in another series of environmental
commitments from the NCDOT, including a commitment to survey the project site just prior to
construction. This survey was completed on May 24, 1999. Prior to this 1999 survey, you had
conducted a survey in 1995 and three surveys in 1998. In combination, over 18 hours of-survey
work in and around this site resulted in the discovery of no mussels in the immediate project
area. Given the intensity and extent of the surveys, it would appear that no Appalachian elktoe
mussels (Alasmidonta raveniliana) occur in the immediate project area. Provided the other nine
environmental commitments described in your letter of May 11, 2000, are strictly adhered to, we
concur with your conclusion of "not likely to adversely affect" the Appalachian elktoe. In
addition, the six stems of Virginia spiraea (Spiraea virginiana) that were located upstream of the
existing bridge are outside the project area and will not be impacted. We concur with a
conclusion of "no effect" for Virginia spiraea. Given the information provided, we believe the
requirements under Section 7(c) of the Act are fulfilled. However, obligations under Section 7 of
the Act must be reconsidered if. (1) new information reveals impacts of this identified action
that may affect listed species or critical habitat in a manner not previously considered, (2) this
action is subsequently modified in a manner that was not considered in this review, or (3) a new
species is listed or critical habitat is determined that may be affected by the identified action.
If you have questions about these comments, please contact Ms. Marella Buncick of our staff at
828/258-3939, Ext. 237. In any future correspondence concerning this project, please reference
our Log Number 4-2-95-103.
Sincerely,
j q12 t P j/?am.
Brian P. Cole
State Supervisor
cc:
Mr. Mike Wood, Project Development and Environmental Analysis Branch, North Carolina
Department of Transportation, 1548 Mail Service Center, Raleigh, NC 27699-1548
Mr. Mark Davis, Environmental Compliance Officer, North Carolina Department of
Transportation, P.O. Box 37, Sylva, NC 28779
Mr. Steve Lund, U.S. Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton
Avenue, Room 143, Asheville, NC 28801-5006
l
L
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF September 24, 1996
Regulatory Branch

Action ID No. 199604336 and Nationwide Permit No. 23 (Approved Categorical
Exclusions)
?S C

North Carolina Department of Transportation `
Division of Highways
Mr. H. Franklin Vick, P.E., Manager SEP
Planning and Environmental Branch Z
(5
Post Office Box 25201
Raleigh, North Carolina 27611-5201 IC'V

?
?AY`S
Dear Mr. Vick: q?A?Eh1T P`-,
Reference your application of September 3, 1996, for Department of the
Army (DA) authorization to replace Bridge No. 59 over the North Toe River on
NC Highway 80 near Boonford, in Yancey and Mitchell C ounties, North Carolina
(TIP No. B-3089). The proposal has been reviewed by the North Carolina
Wildlife Resources Commission (WRC).
For the purposes of the corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists 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 CEQ Regulation for the Implementing the Procedural Provisions
of the National Environmental Policy Act, that the activity, work or discharge
is categorically excluded from environmental documentation because it is
included within a category of actions which neither individually nor
cumulatively have a significant effect on the human environment, and the
Office of the Chief of Engineers has been furnished notice of the agency's or
department's application for the 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, those outlined
in the attached September 16, 1996 WRC letter, and provided you receive a
Section 401 water quality certification from the North Carolina Division of
Environmental Management (NCDEM). You should contact Mr. John Dorney,
telephone [phone], regarding water quality certification. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.

4
-2-
This verification will be valid until the nationwide permit is modified,
reissued or revoked. All the nationwide permits are scheduled to be modified,
reissued or revoked prior to 21 January 1997. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing the changes when they occur. Furthermore, if you commence
or are under contract to commence this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide permit.
Questions or comments may be addressed to Mr. David Baker in our
Asheville Regulatory office at [phone].
Sincerely,

Robert W. Johnson
office Manager
Asheville Regulatory Field Office
Enclosure: 9/16/96 WRC letter
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607