20041694 Ver 1_Complete File_20041018

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
October 15, 2004
U.S. Army Corps of Engineers
Raleigh Field Office
6508 Falls of the Neuse Road/Suite 120
Raleigh, NC 27615
ATTENTION: Mr. John Thomas, Jr.,
NCDOT Coordinator
041694
Dear Sir:
LYNDO TIPPETT
SECRETARY
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OCT 1 8 2004
IMR - WATER WAUrr
WEtt O AND BTOWMMMER P00
SUBJECT: Nationwide 33 Permit Application for the replacement of
Bridge No. 58 over Henson Creek on SR 1126 (Henson Creek
Road) in Avery County, Division 11, Federal Project No. BRZ-
1126 (2), State Project No. 8.271150 1, WBS Element 33263.1.1,
T.I.P. No. B-3808.
Please find enclosed three copies of the Categorical Exclusion (CE) Document, permit drawings,
design plan sheets, and updated project commitment sheet. The North Carolina Department of
Transportation (NCDOT) proposes to replace Bridge No. 58 over Henson Creek. The project
involves replacing the 26-foot Bridge No. 58 on existing alignment with a new 45-foot bridge.
The proposed bridge will consist of two 11-foot travel lanes with 3-foot shoulders and be
constructed via the top down method. Traffic will be maintained by an on-site detour. The on-
site detour will require two 72-inch corrugated metal pipes (CMPs) to convey the stream.
IMPACTS TO WATERS OF THE UNITED STATES
The project is located within the French Broad River Basin (04-03-06 sub-basin) in Avery
County. Henson Creek is the only water resource in the project area. The project will result in
temporary surface water impacts of 108 linear feet to Henson Creek from the placement of two
72-inch CMPs that will convey the stream for the on-site detour. The CMPs will be buried a
minimum of 1-foot below the streambed to avoid interference with aquatic or fish migration.
Due to the on-site detour, two temporary pipes will also be used for conveyance of non-
jurisdictional water from nearby ditches. There are no permanent impacts.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: wwwNCDOT.ORG
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC
i
Henson Creek is a well-defined perennial stream with moderate flow. The stream averages 20
feet in width with a water depth of 1 foot. The substrate is comprised primarily of silt, coarse
sand, and cobble. Henson Creek has been assigned DWQ Index No. 7-2-20 by the North
Carolina Division of Water Quality and best usage classifications is WS-V, Tr (8/1/02). Best
Management Practices for Protection of Surface Waters will be implemented as applicable along
with implementation of Design Standards for Sensitive Watersheds.
Bridge Demolition
The superstructure of Bridge No. 58 is composed of a timber deck on steel I-beams and timber
bulkhead abutments. The substructure is composed of timber caps on timber posts and sills. The
bridge is a single span structure approximately 26 feet in length and a roadway width of 15.9
feet. There is little potential that components of the existing bridge will be dropped into waters
of the United States during construction, since the bridge is composed completely of timber and
steel. Therefore, no temporary fill is expected to result from bridge removal. If removal of
substructure will create disturbance in the streambed, a turbidity curtain will be used.
Restoration Plan
Following construction of the bridge, all material used in the construction of the structure will be
removed. The impact area associated with the bridge is expected to recover naturally, since the
natural streambed and plant material will not be removed. NCDOT does not propose any
additional planting in this area. Class I riprap and filter fabric will be used for bank stabilization.
Pre-project elevations will be restored. NCDOT will restore stream to its pre-project contours.
Schedule: The project calls for a letting of February 15, 2005 with a date of availability of March
29, 2005. It is expected that contractor will choose to start construction in March.
Removal and Disposal Plan: The contractor will be required to submit a reclamation plan for the
removal of and disposal of all material off-site at an upland location. The contractor will use
excavation equipment for removal of any earthen material. Heavy-duty trucks, dozers, cranes
and various other pieces of mechanical equipment necessary for construction of roadways and
bridges will be used on site. All material placed in the stream will be removed from the stream
at that time. The contractor will have the option of reusing any of the materials that the engineer
deems suitable in the construction of project. After the erosion control devices are no longer
needed, all temporary materials will become the property of the contractor.
MITIGATION OPTIONS
Despite the minimization strategies employed for the proposed project, the resulting temporary
surface water impacts will be 108 feet. Consequently, the project will not require compensatory
mitigation, but avoidance and minimization practices will be implemented.
AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION: The NCDOT
is committed to incorporating all reasonable and practicable design features to avoid and
minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining,
unavoidable jurisdictional impacts. Avoidance measures were taken during the planning and
NEPA compliance stages; minimization measures were incorporated as part of the project
design.
According to the Clean Water Act (CWA) §404(b)(1) guidelines, NCDOT must avoid,
minimize, and mitigate, in sequential order, impacts to waters of the US. The following is a list
%6.?
Page 2 of 5
of the project's jurisdictional stream avoidance/minimization activities proposed or completed by
NCDOT:
Avoidance/Minimization:
• The bridge will be replaced with another bridge.
• The new bridge will be 19 feet longer than the existing bridge.
• The bridge will span Henson Creek with no bents in the water.
• Limited instream activities.
• Design Standards for Sensitive Watersheds for Rainbow trout.
Mitigation:
Based on the above considerations, it is determined that there is no practicable alternative to the
proposed construction in jurisdictional waters of the US and that the proposed action includes all
practicable methods to avoid and/or minimize jurisdictional stream impacts that may result from
such use. Project impacts are temporary there are no permanent impacts. Therefore, no
mitigation is proposed
FEDERALLY-PROTECTED SPECIES
Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed
Endangered (PE), Proposed Threatened (PT), are protected under provisions of Section 7 of the
Endangered Species Act of 1973, as amended. As of January 29, 2003 the U.S. Fish and
Wildlife Service (FWS) lists nine federally protected species for Avery County. Table 1 lists
these species and their federal status.
Table 1- Federally Protected S ecies in Aver County, NC
Common Name Scientific Name Federal Status* Biological Conclusion
Blue Ridge

goldenrod Solidago spithamaea T No Effect
Bo turtle Clemm s muhlenber ii T S/A) Not Required
Carolina northern Glaucomys sabrinus

flying squirrel
coloratus E No Effect
Heller's blazing star Liatris hellerd T No Effect
Roan Mountain Houstonia montana
(= hedyotis purpurea var. E No Effect
bluet
montana ,
Rock gnome lichen G mnoderma lineare E No Effect
Spreading avens Geum radiatum E No Effect
Spruce-fir Microhexura montivaga E No Effect
moss spider
Corynorhinus
Virginia
big-eared bat (=Plecotus) townsendii E No Effect
vir inianus
* E=Endan eyed, T=Threatened, T(S/A =Threatened due to similarity of appearance
Field surveys were conducted in September of 2000 and a biological conclusion of "No Effect"
was given to eight of the nine species listed for Avery County. The Bog turtle that is listed by
USFWS as "T (S/A)" is a species that is threatened due to similarity of appearance with other
rare species and is listed for its protection. This species is not biologically endangered or
threatened and is not subject to Section 7 consultation. Therefore, a biological conclusion for
this species is not required.
Page 3 of 5
However, due to the date of the last survey and the presence of potential habitat in the project
area, the biological conclusions were no longer valid for four of these species: Spreading avens,
Roan Mountain bluet, Heller's blazing star, and Blue Ridge goldenrod. As a result, new surveys
were conducted for these species on October 1, 2004.
Known populations in Mitchell County of Spreading avens, Roan Mountain bluet, and Blue
Ridge goldenrod were visited (September 30, 2004) prior to the initiation of field surveys by
NCDOT biologists Logan Williams, Karen Lynch, and Kathy Herring along with Carolyn Wells
of the USFWS Asheville Office. Although the survey for Heller's blazing star was conducted
several months after optimal survey window, it is distinctive and grows at high elevations.
The project site had elevations of 3200 feet or less. Therefore, it was determined that the low
elevation within the project area did not provide habitat for the any of the four species. A
biological conclusion of "No Effect" remains valid for these four species.
Since the project study area is located within approximately 0.5 miles of Mitchell County,
consideration was given for the possible occurrence in the study area for threatened or
endangered species listed for Mitchell County. Only those species not previously addressed for
Avery County were considered. Those species include Indiana bat (Myotis sodalis), Appalachian
elktoe (alasmidonta raveneliana), and Virginia spiraea (Spiraea virginiana). Biological
conclusions of "No Effect" were given for the Indiana bat and Virginia spiraea for lack of
habitat. A biological conclusion of "No Effect" was given for the Appalachian elktoe based on a
November 2001 survey where no species were found in different reaches of Henson Creek (see
attached letter dated July 28, 2002).
Additionally, a review of the Natural Heritage Program database (last updated on April 7, 2004)
revealed no occurrences of federally protected species within 1.0 mile of the project study area.
As requested by the North Carolina Wildlife Resource Commission on December 13, 2000,
NCDOT will observe a moratorium on in-water work and no land disturbance within the 25-foot
wide buffer zone between January 1 and April 15 to protect rainbow trout spawning
REGULATORY APPROVALS
Section 404 Permit: This project is being processed by the Federal Highway Administration as a
"Categorical Exclusion" in accordance with 23 CFR 771.115(b). The NCDOT requests that
these activities be authorized by a Nationwide Permit 33 for usage of two temporary pipes for
conveyance of the stream for the on-site detour.
Section 401 Permit: We anticipate 401 General Water Quality Certification (WQC) 3403 and
3366 will apply to this project. The NCDOT will adhere to all general conditions of these
WQCs. Therefore, written concurrence from the NCDWQ is not required. In accordance with
15A NCAC 2H 0.0501(a) and 15A NCAC 2B 0.200 we are providing two copies of this
application to the North Carolina Department of Environment and Natural Resources, Division
of Water Quality, as notification.
Page 4 of 5
A copy of this permit application will be posted on the NCDOT website at:
http://www.ncdot.org/planning/pe/naturalunit/Pennit.html. If you have any questions or need
additional information please call Ms. Deanna Riffey at [phone].
Sincerely,
Cc:
eTho Greg o pe, Environmental Management Director,
i Project Development Environmental Analysis Branch
w/attachment
Mr. John Hennessy, Division of Water Quality (2 copies)
Ms. Marla Chambers, NCWRC
Ms. Marella Buncick, USFWS
Mr. Harold Draper, TVA
Dr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Michael A. Pettyjohn, P.E.
Mr. Heath Slaughter, DEO
w/o attachment
Mr. Jay Bennett, P.E., Roadway Design
Mr. Omar Sultan, Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Mark Staley, Roadside Environmental
Mr. John Wadsworth, P. E., PDEA
Mr. David Franklin, USACE, Wilmington
Page 5 of 5
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: NCDOT
Mailing Address: Project Development & Environmental Analysis Branch
1548 Mail Service Center
Raleigh, NC 27699-1548
Telephone Number:_ _ [phone] Fax Number: [phone]
E-mail Address: tg horpe(a,dot.state.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Replacement of Bridge No. 58 on SR 1126 (Henson Creek Rd) Over
Henson Creek in Avery County
2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3808
3. Property Identification Number (Tax PIN):
4. Location
County: Avery Nearest Town: Spruce Pine
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Northeast of Spruce Pine East on
19E and left on Henson Creek Road.
5. Site coordinates, if available (UTM or Lat/Long): 36° 2' 36" N / 82° 2' 86" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Approximately 2.6 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Henson Creek
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.eni.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: SR 1126 is a rural local route. Land use in the project area
is rural consisting of agricultural and light residential development.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: The 26-
foot Bridge No. 58 will be replaced on existing location with a new 45-foot bridge. SR 1126-
will be widened to accommodate two 11-foot travel lanes with 3-foot shoulders. Traffic will
maintained by an on-site detour. The on-site detour will require two 72-inch corrugated
metal pipes to convey the stream. Once the new bridge is completed, the old roadway and
bridge material will be removed. Construction will be performed using heavy equipment
such as dozers loaders and cranes.
11. Explain the purpose of the proposed work: Bridge No. 58 is considered to be structurally
deficient and functionally obsolete.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
Page 7 of 13
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be-
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: A total of 108 linear feet of temporary
stream impacts during bridge replacement to Henson Creek will be incurred from the placement
of two 72-inch corrugated metal pipes that will convey the stream for the on-site detour. There
are no wetland impacts for this project.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet
Type of Wetland***
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
Page 8 of 13
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
Site 1
2- 72" CMPs
Temporary
108
Henson Creek
20 feet
Perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated riprap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, riprap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 108 feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 9 of 13
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be-
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts to Site I are minimized or avoided with the use ofNCDOT's Design Standards for
Sensitive Watersheds, replacing the bridge with another bridge, expanding the bridge an
additional 19 feet with no bents in the water use of the top down construction method, and
limited instream activities.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Page 10 of 13
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application-
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation required.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ® No ?
Page 11 of 13
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a-
copy of the NEPA or SEPA final approval letter.
Yes ® No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
] 3
2 1.5
Total
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
Page 12 of 13
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
N/A
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
11 31
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SHEET OF 9 10/8/03
3122
NCDOT
DIVISION OF HIGHWAYS
AVERY COUNTY
PROJECT: 8.2721501 (B-3808)
BRIDGE NO. 58 OVER
HENSON CREEK ON SR 1120
(HENSON CREEK ROAD)
NORTH CARODNA
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I DIVISION OF HIGHWAYS
AVERY COUNTY
PROJECT: 8.2721501 (B-3808)
BRIDGE NO. 58 OVER
MAP HENSON CREEK ON SR 1126
(HENSON CREEK ROAD)
SCALE Ill 1500, SHEET 3 OF 1 10/8d03
I WETLAND LEGEND
--WLB WETLAND BOUNDARY
WETLAND
L
® DENOTES FILL IN
WETLAND
® DENOTES FILL IN
-? FLOW DIRECTION
SURFACE WATER
® DENOTES FILL IN
SURFACE WATER
(POND)
® DENOTES TEMPORARY
FILL IN WETLAND
®DENOTES EXCAVATION
IN WETLAND
® DENOTES TEMPORARY
FILL IN SURFACE
WATER
• • DENOTES MECHANIZED
•' •' •" • CLEARING
TB
-?- TOP OF BANK
- WE EDGE OF WATER
- - C- - PROP. LIMIT OF CUT
- - -F- - PROP. LIMIT OF FILL
PROP. RIGHT OF WAY
- - NG - - NATURAL GROUND
- -P1- - PROPERTY LINE
-TDE- TEMP. DRAINAGE
EASEMENT
-PDE- PERMANENT DRAINAGE
EASEMENT
- EAB- EXIST. ENDANGERED
ANIMAL BOUNDARY
- EPB- EXIST. ENDANGERED
PLANT BOUNDARY
- -P - WATER SURFACE
XX XXX X X LIVE STAKES
E2D BOULDER
--- CORE FIBER ROLLS
PROJECT: 8.2721501 (B-3808)
BRIDGE NO. 58 OVER
HT
ENSON CREED ON SR 1125
(HENSDN CREED ROAD)
SHEET q OF 9 10/08/2003
PROPOSED BRIDGE
PROPOSED BOX CULVERT
PROPOSED PIPE CULVERT
12'-48'
(DASHED LINES DENOTE PIPES
EXISTNG STRUCTURES) 54' PIPES
& ABOVE
0 SINGLE TREE
WOODS LINE

DRAINAGE INLET
ROOTWAD
RIP RAP
O ADJACENT PROPERTY OWNER
OR PARCEL NUMBER
IF AVAILABLE
El PREFORMED SCOUR HOLE
LEVEL SPREADER (LS)
DITCH /
GRASS SWALE
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
AVERY COUNTY
REVISIONS
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PROJECT COMMITMENTS
Avery County
Bridge No. 58 on SR-I 126 (Henson Creek Road)
Over Henson Creek
Federal-aid Project No. BR-1126(2)
State Project No. 8.2721501
T.I.P. No. B-3808
In addition to the standard Nationwide Permit No. 23 Conditions, the General Nationwide
Permit Conditions, Section 404 Only Conditions, Regional Conditions, State Consistency
Conditions, NCDOT's Guidelines for Best Management Practices for the Protection of
Surface Waters, Design Standards for Sensitive watersheds, NCDOT's Guidelines for Best
Management Practices for Bridge Demolition and Removal, General Certification
Conditions, and Section 401 Conditions of Certification, the following special commitments
have been agreed to by NCDOT:
Project Development and Environmental Analysis Branch
A copy of the environmental planning document will be submitted to the Tennessee Valley
Authority (TVA) and the United States Army Corps of Engineers (COE).
ACTION: The approved CE was distributed by letter dated July 18, 2002.
Hydraulics Unit / Structure Design Unit
This project will be reviewed under Section 26a of the Tennessee Valley Authority Act. The
final bridge plans, hydraulic analysis of the effects of the replacement structure on the 100-
year flood elevation, and notice of compliance with the Historic Preservation Act of 1966
will be forwarded to TVA for approval.
ACTION: Compliance with the Historic Preservation Act of 1966 is documented
in the CE previously provided to the TVA. Final bridge plans and the
hydraulic analysis will be provided when complete.
Division Construction
"Guidelines for Construction of Highway Improvements Adjacent to or Crossing Trout
Waters in North Carolina" (October 27, 1992) will be adhered to throughout the life of this
project.
ACTION: The Division Construction Office has been provided a copy of these
guidelines for use during construction of projects adjacent to trout
waters.
B-3808 Greensheet Page I oft
Right of Way Consultation
August 7, 2003
There will be a construction moratorium in place for in-water work during the rainbow trout
spawning period; the moratorium period for rainbow trout will extend from Januaryl to
April 30.
ACTION: The project contract will contain a restriction for in-water work from
January 1 to April 30.
B-3808 Greensheet Page 2 of 2
Right of Way Consultation
August 7, 2003

Avery County
Bridge No. 58 on SR 1126 (Henson Creek Road) -
Over Henson Creek
Federal-Aid Project No. BRZ-1126(2)
State Project No. 8.2721501
T.I.P. No. B-3808
CATEGORICAL EXCLUSION
UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
APPROVED:
6 zsZ2
DATE illiam D. Gil e, P.E., Manager
Project Development and Environmental Analysis Branch,
NCDOT
'zz
DATE/ Nicholas L. Graf, P.E.
??Division Administrator, F WA
Avery County
Bridge No. 58 on SR 1126 (Henson Creek Road)
Over Henson Creek
Federal-Aid Project No. BRZ-1126(2)
State Project No. 8.2721501
T.I.P. No. B-3808
CATEGORICAL EXCLUSION
June 2002
Documentation Prepared by:
Barbara H. Mulkey Engineering, Inc.
Tommy R 'ter, EI ate
Project Manager
eeeeeeee?
s????ZN CAR.t
.• ???ESSIp,?,? 9
S SEAL
s
W. S. Hood, E Date i 14509
Principle-In-Charge '.,•s,, E NE 00 off,, 1 11410
For the North Carolina Department of Transportation
Stacy B. H s, PE
Project Manager
Consultant Engineering Unit
PROJECT COMMITMENTS
Avery County
Bridge No. 58 on SR 1126 (Henson Creek Road)
Over Henson Creek
Federal-Aid Project No. BRZ-1126(2)
State Project No. 8.2721501
T.I E No. B-3808
In addition to the standard Nationwide Permit #23 Conditions, the General Nationwide Permit Conditions,
Section 404 Only Conditions, Regional Conditions, State Consistency Conditions, NCDOT's Guidelines for
Best management Practices for the Protection of Surface Waters, Design Standards for Sensitive
Watersheds, NCDOT's Guidelines for Best Management Practices for Bridge Demolition and Removal,
General Certification Conditions, and Section 401 Conditions of Certification, the following special
commitments have been agreed to by NCDOT:
Project Development and Environmental Analysis Branch:
A copy of the environmental planning document will be submitted to the Tennessee Valley Authority
(TVA) and United States Army Corps of Engineers (COE).
Hydraulics Unit /Structure Design Unit.
This project will be reviewed under Section 26a of the Tennessee Valley Authority (TVA) Act. The
final bridge plans, hydraulic analysis of the effects of the replacement structure on the 100-year flood
elevation, and notice of compliance with the Historic Preservation Act of 1966 will be forwarded to
TVA for approval.
Division Construction:
"Guidelines for Construction of Highway Improvements Adjacent to or Crossing Trout Waters in North
Carolina" (October 27, 1992) will be adhered to throughout the life of this project.
There will be a construction moratorium in place for in-water work during the rainbow trout spawning
period; the moratorium period for rainbow trout will extend from January 1 to April 30.

Categorical Exclusion Green Sheet
June 2002
Avery County
Bridge No. 58 on SR 1126 (Henson Creek Road)
Over Henson Creek
Federal-Aid Project No. BRZ-1126(2)
State Project No. 8.2721501
T.I.P. No. B-3808
INTRODUCTION: The replacement of Bridge No. 58 is included in the North Carolina Department of
Transportation (NCDOT) Draft. 2004-2010 Transportation Improvement Program (T.I.P.) and in the Federal-
Aid Bridge Replacement Program. The bridge location is shown in Figure 1. No substantial environmental
impacts are anticipated. The project is classified as a Federal "Categorical Exclusion".
1. PURPOSE AND NEED
The NCDOT Bridge Maintenance Unit records indicate the bridge has a sufficiency rating of 21.9
out of a possible 100 for a new structure. The bridge is considered structurally deficient and
functionally obsolete. The replacement of this inadequate structure will result in safer and more
efficient traffic operations.
II. EXISTING CONDITIONS
Bridge No. 58 is located on SR 1126 (Henson Creek Road) in Avery County. Henson Creek Road
is classified as a rural local route in the Statewide Functional Classification System and connects to
US 19 E. Land use in the project area is rural, consisting of agricultural and light residential
development. SR 1126 is a two-lane facility that provides access into the rural mountains of
southwest Avery County and serves local traffic and some tourists. The bridge is located in the
jurisdiction of the Tennessee Valley Authority (TVA) oversight. Avery County is designated as a
trout county by the North Carolina Wildlife Resources Commission.
There are aerial electrical and telephone services in the vicinity of Bridge No. 58. There are no
utilities attached to the bridge. Utility impacts are anticipated to be minimal.
The existing bridge is a single-span structure with an overall length of 26 feet (7.9 meters) and a
clear roadway width of 15.9 feet (4.8 meters). It was constructed in 1950. The bridge consists of a
timber deck on steel 1-beams, and timber bulkhead abutments. The substructure is timber caps on
timber post and sills. Bridge No. 58 currently has posted weight limits of 15 tons (15.2 metric tons)
for single vehicle (SV) and 19 tons (19.3 metric tons) for truck-tractor semi trailer (TTST). The
vertical clearance from crown to streambed is approximately 7 feet (2.1 meters).
The speed limit is not posted on Henson Creek Road, therefore a statutory speed limit of 55 miles
per hour (mph) [90 kilometers per hour (km/h)] applies. The approach roadway is a two-lane facility
with a clear roadway width of 16 feet (4.8 meters). The approach roadway from the northwest,
approximately 180 feet (54.8 meters) from the end of the bridge, is on a curve with a radius of 300
feet (91.44 meters) and the southeast approach is on curve with a radius of approximately 285 feet
(86.86 meters) providing a safe speed of approximately 30 mph (50 km/h). There are driveways
adjacent to the east and west end of the existing bridge.
B-3808 Categorical Exclusion Page 1
The 2002 estimated average daily traffic (ADT) volume is 525 vehicles per day (vpd). The projected
ADT is 700 vpd by the design year 2025. The percentages of truck traffic are two percent dual-tired
vehicles (DUALS) and one percent TTST (See Figure 3).
This section of SR 1126 in Avery County is not part of a designated bicycle route nor is it listed in
the T.I.P. as needing incidental bicycle accommodations.
The Avery County Board of Education was contacted, by a scoping letter, on December 6, 2000 and
by email on April 1, 2002. Two buses in the morning and two buses in the evening cross
Bridge No. 58.
No accidents were reported in the vicinity of Bridge No. 58 during the period from July 1, 1997 to
June 30, 2000.
III. ALTERNATIVES
A. Project Description
Based on the preliminary hydraulics report the proposed replacement structure for Bridge No. 58 is a
single span vertical abutment bridge 45 feet (13.7 meters) in length at the existing location. The
proposed bridge will consist of two 11-foot (3.3 meter) travel lanes and 3-foot (0.9 meter) shoulders.
An alternative to the vertical abutment bridge would be a double barrel 11-foot (3.3 meter) by
seven-foot (2.1 meter) reinforced concrete box culvert (RCBC) (See Figure 3).
The drainage area at the bridge crossing is approximately 2.4 square miles (6.2 square kilometers).
The length and opening size of the proposed structure may increase or decrease as necessary to
accommodate peak flows, as determine by a detailed hydraulic analysis to be performed during the
final design phase of the project.
The proposed approach roadway will consist of two 11-foot (3.3 meter) travel lanes and 4-foot (1.2
meter) shoulders. The proposed grade will be approximately the same as the existing roadway.
B. Build Alternatives
Two (2) build alternatives studied for replacing the existing bridge are described below.
Alternative A (Preferred) replaces the bridge on existing alignment with a new bridge. Traffic will
be maintained by an on-site detour. The on-site detour will require three 66-inch (1700-millimeter)
corrugated metal pipes (CMP) to convey the stream. The CMPs will be buried a minimum of 1-foot
(0.3 meters) below the streambed to avoid interference with aquatic or fish migration. The length of
the approach roadway will extend approximately 590 feet (180 meters) west and approximately 320
feet (97.5 meters) east of the existing bridge. The west approach will have a curve with a radius of
320 feet (97.5 meters) approximately 17- feet (52 meters) from the bridge. The east approach will
have a curve with a radius of 285 feet (87 meters) approximately 17 feet (5.1 meters) from the end of
the bridge. See Figure 2.
Alternate B replaces the bridge on new alignment south (downstream) of the existing bridge. The
new structure will be a double barrel 11-foot (3.3-meter) by seven-foot (2.1-meter) reinforced
concrete box culvert. Traffic will be maintained on the existing roadway and structure during
B-3808 Categorical Exclusion Page 2
construction. The new alignment will be on a horizontal curve with a radius of approximately 360
feet (110 meters). The length of the approach roadway will extend approximately 560 feet (171
meters) west and approximately 250 feet (76 meters) east of the existing bridge. (See Figure 2A).
Alternative B was not selected as the preferred alternative because:
? Replacement on existing alignment will minimize impacts.
? A bottomless structure is preferred in trout waters.
C. Alternatives Eliminated From Further Study
The "do-nothing" alternative will eventually necessitate removal of the bridge. This is not
desirable due to the traffic service provided by SR 1126.
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.
SR 1126 is a dead end road, therefore, an off-site detour is not available.
D. Preferred Alternative
Alternative A was selected as the preferred alternative due to the following:
? Alternative A replaces the existing bridge in place with another bridge.
? Alternative A provides a spanning structure.
The Division Engineer concurs with Alternative A as the preferred alternate.
E. Anticipated Design Exception
The speed limit is not posted on Henson Creek Road, therefore, a statutory speed limit of 55 miles
per hour (mph) [90 kilometers per hour (km/h)] applies. The approach roadway from the northwest
is on a curve with a radius of 300 feet (91.44 meters) and the southeast approach is on curve with a
radius of approximately 285 feet (86.86 meters) providing a safe speed of approximately 30 mph (50
km/h).
Due to the existing road conditions, mountainous terrain, location of Henson Creek, and the
horizontal and vertical constraints the proposed design speed is 30 mph (50 km/h). A design
exception for the proposed design speed of 30 mph (50 km/h) will be required.
B-3808 Categorical Exclusion Page 3
IV. ESTIMATED COST
The estimated costs based on current prices are as follows:
Alternative A
Preferred Alternative B
Structure Removal (existing) $ 4,160 $ 4,160
Structure (proposed) 81,900 80,300
Detour Structure and Approaches 135,100 0
Roadway Approaches 187,490 259,240
Retaining Wall 85,000 41,000
Miscellaneous and Mobilization 222,350 173,300
Engineering and Contingencies 109,000 92,000
ROW/Const. Easements/Utilities: 256,000 221,000
TOTAL $1,081,000 $871,000
The estimated cost of the project, as shown in the Draft 2004-20010 Transportation Improvement
Program, is $405,000 including $30,000 for right-of-way and $300,000 for construction.
V. NATURAL RESOURCES
A. Methodology
Informational sources used to prepare this report include but are not limited to: USGS Carvers Gap,
NC-Tennessee 7.5 minute series topographic map (1960); United States Department of Agriculture,
Natural Resources Conservation Service (USDA-NRCS) Soil Survey Field Sheet A-15, Avery
County, NC (1995); United States Fish and Wildlife Service (USFWS) National Wetlands Inventory
map (Carvers Gap, NC-Tennessee, 1989); USFWS Endangered, Threatened, and Candidate Species
and Federal Species of Concern in North Carolina (March 7,2002); North Carolina Natural Heritage
Program (NCNHP) computer database, via the Internet, of rare species and unique habitats; and
NCDOT aerial photography of the study area. The field survey was conducted along the proposed
project corridor on September 27, 2000.
Impacts were calculated to ten feet (three meters) outside proposed slope stakes for both alternatives.
The actual construction impacts are expected to be less.
B. Physiography and Soils
The proposed project lies within the Mountain Physiographic Province, which includes all parts of
North Carolina west of the foot of the Blue Ridge Escarpment. This province typically consists of a
mixture of igneous, sedimentary, and metamorphic rock that has been squeezed, fractured, faulted
and twisted into folds (USGS, 1991). The topography of the project vicinity can be characterized as
rolling to steeply sloping. Elevations in the project vicinity range from approximately 3,200 to 4,000
feet (975 to 1,219 meters) above mean sea level (msl). Current land use in the project vicinity is a
mixture of rural residential and agriculture.
Avery County currently has no published soil survey. Soil survey field sheets were utilized to
evaluate soils in the project area. Soil series found within the project area are described below.
B-3808 Categorical Exclusion Page 4
Site indices, which are usually provided in table form in soil surveys, are a designation of the quality
of a forest site. The indices are based on the average height attained by dominant and codominant
trees in a fully stocked stand at an arbitrarily chosen age. Avery County did not provide site indices
in the information accompanying the field sheets, so this information is not included with this report.
Saunook-Thunder complex, 15 to 30 percent slopes, very stony, is the dominant soil series within the
project area. It occurs along both sides of SR 1126 the entire length of the project. Saunook soils
comprise approximately 55 percent of the map unit and Thunder soils approximately 35 percent.
Dissimilar inclusions comprise the remainder of the map unit. Saunook and Thunder soils are very
deep and moderately well-drained. Permeability is moderate and the depth to the seasonal high
water table is greater than six feet (1.8 meters). Saunook soils have low shrink-swell potential and
Thunder soils have moderate shrink-swell potential.
Unaka-Porters complex, 30 to 50 percent slopes, very rocky, is located within the project area on a
very steep slope in the northeast quadrant. Unaka soils and similar inclusions comprise
approximately 70 percent of this map unit. Porter's soils and similar inclusions comprise
approximately 15 percent, and dissimilar inclusions comprise the remainder. Unaka soils are
moderately deep and Porters soils are deep. Both are well-drained and have moderately rapid
permeability. The depth to the seasonal high water table is greater than six feet (1.8 meters). The
shrink-swell potential is low for both Unaka and Porters soils. About five percent of this map unit is
comprised of rock outcrops.
None of the soils discussed above are listed as hydric or have hydric inclusions.
C. Water Resources
1. Waters Impacted
The study corridor is located with in sub-basin 04-03-06 of the French Broad River Basin, North
Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality
(DWQ). This area is part of USGS Hydrologic Unit 06010108. This section of Henson Creek has
been assigned Stream Index Number 7-2-20 by the DWQ. Characteristics of impacted waters and
possible sources of pollution are discussed below. This stream crossing is with in the jurisdiction of
the Tennessee Valley Authority (TVA). Coordination with TVA will be required.
2. Water Resource Characteristics
A search within one-mile (1.6 kilometers) radius of the project area was conducted along Henson
Creek. Henson Creek flows southeast within the project area. It is a tributary to the North Toe
River, which is approximately two miles (3.2 kilometers) downstream of the bridge. The drainage
area at the bridge crossing is approximately 2.4 square miles (6.2 square kilometers). The creek
width in the project area is approximately 20 feet (6.1 meters) at water's edge and the substrate is
composed of mostly cobbles. In places the substrate consists of fine rock and coarse sand with a
light silt layer. Stream banks are eroded in some areas and tree roots are exposed. On the day of the
field investigation Henson Creek had a depth of 0.5 to 1 foot (0.2 to 0.3 meters) near the bridge and
the water was clear. Henson Creek is classified as "palustrine, forested, broad-leaved deciduous,
temporarily flooded on the Carver's Gap, NC-TN NWI map.
B-3808 Categorical Exclusion Page 5 -
Henson Creek is classified as "WS-III Tr" by the DWQ. "WS-III" waters are protected as water
supplies. They are generally in low to moderately developed watersheds. Point source discharges of
treated wastewater are permitted pursuant to certain rules, and local programs to control nonpoint -
source and stormwater discharge of pollution are required. The "Tr" designation is a supplemental
classification noting suitability for natural trout propagation and maintenance of stocked trout.
Henson Creek is not designated as a North Carolina Natural and Scenic River, or a National Wild
and Scenic River.
The DWQ noted that due to the above classifications, "Design Standards in Sensitive Watersheds"
(15A NCAC 04B .0024) should be strictly adhered to throughout design and construction of this
project (See Appendix).
A search within one mile (1.6 kilometers) of the project area was conducted for National Pollutant
Discharge Elimination System (NPDES) discharges. Point-source discharges throughout North
Carolina are permitted through this program. No permitted discharges were found within the search
distance.
Storm water runoff from SR 1126 may cause water quality degradation in the project study area as a
non-point source pollutant. Non-point source refers to runoff that enters surface waters through
storm water flow or no defined point of discharge. An additional source of runoff within the project
area is the steep, unpaved driveways leading from private residences to SR 1126.
Benthic macroinvertebrates, or benthos, are organisms that live in and on the bottom substrates of
rivers and streams. The NCDWQ uses benthos data as a tool to monitor water quality since benthic
macroinvertebrates are sensitive to subtle changes in water quality. Formerly, the NCDWQ used the
Benthic Macroinvertebrate Ambient Network (BMAN) as a primary tool for water quality
assessment, but phased this method out several years ago. The NCDWQ has converted to a
basinwide assessment sampling protocol. Each river basin in the state is sampled once every five
years and the number of sampling stations has been increased within each basin. Each basin is
sampled for biological, chemical and physical data.
The NCDWQ includes the North Carolina Index of Biotic Integrity (NCIBI), as another method to
determine general water quality in the basin wide sampling. The NCIBI is a modification of the
Index of Biotic Integrity (IBI) initially proposed by Karr (1981) and Karr, et al. (1986). The IBI
method was developed for assessing a stream's biological integrity by examining the structure and
health of its fish community. The Index incorporates information about species richness and
composition, trophic composition, fish abundance, and fish condition. The NCIBI summarizes the
effects of all classes of factors influencing aquatic faunal communities (water quality, energy source,
habitat quality, flow regime, and biotic interactions).
The NCDWQ (September 21, 2000) does not have sampling information on fish or benthic
macroinvertebrates for the project area.
3. Anticipated Impacts to Water Resources
a. General Impacts
Neither Water Supplies (WS-I: undeveloped watershed, or WS-II: predominately undeveloped
watersheds), nor Outstanding Resource Waters (ORW) occur within one mile (1.6 kilometers) of
B-3808 Categorical Exclusion Page 6
project study area within the drainage basin. High Quality Waters are located within one mile (1.6
kilometers) of the project area but they are in a different drainage basin across the border in
Tennessee. In the short term, construction and approach work will increase sediment loads. The
NCDOT, in cooperation with the NCDWQ, has developed a sedimentation control program for
highway projects, which adopts formal best management practices (BMPs) for the protection of
surface waters. The following are some of the standard methods to reduce sedimentation and water
quality impacts:
• strict adherence to BMPs for the protection of surface waters during the life of the
project,
• reduction and elimination of direct and non-point discharge into the water bodies and
minimization of activities conducted in the water,
• placement of temporary ground cover or re-seeding of disturbed sites to reduce runoff
decrease sediment loadings, and
• reduction of clearing and grubbing along stream banks.
b. Impacts related to Bridge Demolition and Removal
In order to protect the water quality and aquatic life in the area affected by this project, the NCDOT
and all potential contractors will follow appropriate guidelines for bridge demolition and removal.
These guidelines are presented in three NCDOT documents entitled "Pre-Construction Guidelines
for Bridge Demolition and Removal", "Policy: Bridge Demolition and Removal in Waters of the
United States", and "Best Management Practices for Bridge Demolition and Removal". Guidelines
followed for bridge demolition and removal are in addition to those implemented for Best
Management Practices for the Protection of Surface Waters.
There is little potential that components of the existing bridge may be dropped into waters of the
United States during construction. The bridge is composed completely of timber and steel.
Therefore, no temporary fill is expected to result from bridge removal. Dropping any portion of
the structure into waters of the United States will be avoided unless there is no other practical
method of removal. In the event that no other practical method is feasible, a worst-case scenario is
assumed for calculations of fill entering waters of the United States. The superstructure of Bridge
No. 58 is composed of a timber deck on steel I-beams. The substructure consists of timber caps,
piles, and sills at both abutments. Since the bridge is composed entirely of timber and steel, it can be
removed without dropping any components into waters of the United States. If removal of the
substructure will create disturbance in the streambed, a turbidity curtain will be used due to sediment
concerns.
Under the guidelines presented in the documents noted in the first paragraph of this section, work
done in the water for this project would fall under Case 2, which states that no work shall be
performed in the water during moratorium periods associated with fish migration, spawning, and
larval recruitment into nursery areas. This conclusion is based upon the classification of the waters
within the project area and vicinity, and comments received from the North Carolina Wildlife
Resources Commission (NCWRC).
A survey was completed on November 7, 2001 for the Appalachian elktoe (Alasmidonta
raveneliana). The survey results indicated that mussels are not present with in the project area.
Suitable habitat for this species does occur through out the North Toe River downstream of the
project crossing. Special care will be given to ensure that downstream impacts do not occur as a
B-3808 Categorical Exclusion Page 7
result of project construction. The work will be coordinated with the responsible agency to protect
the special waters or threatened/endangered species.
D. BIOTIC RESOURCES
1. Plant Communities
Classification of plant communities is based on the system used by the NCNHP (Schafale and
Weakley 1990). If a community is modified or otherwise disturbed such that it does not fit into an
NCNHP classification, it is given a name that best describes current characteristics. Scientific
nomenclature and common names (when applicable) are used for the plants noted, however
subsequent references to the same species include the common name only. Vascular plant names
follow nomenclature found in Radford et al. (1968) unless more current information is available.
Terrestrial communities found at this site are described below.
a. Montane Oak-Hickory Forest
This community is a small, forested strip that parallels SR 1126 on the south side of the road. This
small patch is probably not a best representation of this community type. However soils, location,
and species types fit well enough into the NCNHP classification that Montane Oak-Hickory Forest
was chosen as the community name.
Shafale and Weakley (1990) note that this type of community is in a state of transition following the
loss of chestnut (Castanea dentata). In most stands it is thought that chestnut has been replaced by
existing canopy and understory species. Those species that favor disturbed areas have increased in
abundance within this community type.
Species found within the Montane Oak-Hickory Forest in the project area include northern red oak
(Quercus rubra), yellow-poplar (Liriodendron tulipifera), eastern white pine (Pinus strobus), black
locust (Robinia pseudo-acacia), red maple (Acer rubrum), hickory (Carya sp.), and rhododendron
(Rhododendron sp.). Species closer to the stream include elderberry (Sambucus canadensis), witch
hazel (Hamamelis virginiana), Christmas fern (Polystichum achrostichoides), cardinal flower
(Lobelia cardinalis), and flowering raspberry (Rubus odoratus). These species were not considered
abundant enough to separate them into a different community classification.
b. Man-Dominated Community
The remainder of the project area is included within this community type, although there is some
variation of habitat. Disturbed roadside and streamside areas, maintained yards of private
residences, and a steep slope with some rock outcrops are included within this community.
Disturbed roadside areas include planted grass, poke (Phytolacca americana), foxtail (Setaria sp.),
aster (Aster spp.), and black-eyed Susan (Rudbeckia hirta). Disturbed streamside areas include some
of the above species in addition to microstegium (Microstegium vimineum), periwinkle (Vinca sp.),
and Japanese knotweed (Polygonum cuspidatum). Japanese knotweed is very prolific along stream
banks. According to published sources, it is an introduced species that spreads quickly to form
dense thickets that exclude native vegetation.
The steep slope with occasional rock outcrops is located in the northeastern quadrant of the project
area. It has been included in the Man-Dominated Community because it appears that much of the
B-3808 Categorical Exclusion Page 8
vegetation there is a result of disturbance. Species include locust (Robinia sp.), goldenrod (Solidago
sp.), aster, and scattered saplings of yellow-poplar and ash (Fraxinus sp.). There is also a small
amount of witch-hazel and Virginia creeper (Parthenocissus quinquefolia).
2. Wildlife
Wildlife species identified in the field are based upon sight, sound, or other characteristic signs.
Field guides are also utilized to determine additional species that may find suitable habitat in the
project area, but that were not identified during the site investigation.
Although wildlife was actively searched for, only an eastern chipmunk (Tamias striatus) was found
in the project area. A partial list of representative species of the Montane Oak-Hickory Forest may
include gray squirrel (Sciurus carolinensis), golden mouse (Ochrotomys nuttalli), long-tailed weasel
(Mustela frenata), least flycatcher (Empidonax minimus), tufted titmouse (Parus bicolor), white-
breasted nuthatch (Sitta carolinensis), cedar waxwing (Bombycilla cedrorum), timber rattlesnake
(Crotalus horridus), and rat snake (Elaphe obsolete).
Wildlife species found within the Man-Dominated Community in the project area would be those
that thrive in disturbed areas or in edge-type habitats. Examples include eastern wood pewee
(Contopus virens), American kestrel (Falco sparverius), American goldfinch (Carduelis tristis),
woodchuck (Marmota monax), woodland vole (Microtus pinetorum), and black racer (Coluber
constrictor).
3. Aquatic Communities
A search of the stream was conducted for aquatic species such as fish, amphibians, and reptiles but,
none were located. A cursory search of the shoreline was conducted for evidence of mussel and
clam species. There was no evidence of such species in the project area.
The NCWRC was contacted for information on common aquatic species that may be found within
the project area, as well as comments related to project construction (See Appendix). The NCWRC
responded that they sampled Henson Creek to define the distribution of brook trout (Salvelinus
fontinalis) in North Carolina. The agency noted that detailed records of species other than trout were
not kept during the sampling. Brook trout was not located in Henson Creek, however rainbow trout
(Oncorhynchus mykiss) was found to be present. Henson Creek provides excellent reproductive and
nursery habitat for rainbow trout. NCWRC requested that a construction moratorium from January
1 thru April 30, be in place for in-water work during the rainbow trout spawning period. NCWRC
also requested a stringent sediment control plan and that wet concrete be kept from contacting the
water.
Additional species that could utilize Henson Creek include seal salamander (Desmognathus
monticola), blackbelly salamander (Desmognathus quadramaculatus), spring salamander
(Gyrinophilus porphyriticus), northern water snake (Nerodia sipedon), eastern garter snake
(Thamnophis sirtalis), greenside darter (Etheostoma blennioides), mottled sculpin (Coitus bairdi),
and creek chub (Semotilus atromaculatus).
B-3808 Categorical Exclusion Page 9 -
4. Anticipated Impacts to Biotic Communities
Terrestrial Communities
Impacts calculated to terrestrial and aquatic communities (Table 1) indicate that Alternative B will
have the greatest amount of overall impacts due to the new location. The Man-Dominated impacts
are the largest, but are not considered substantial in terms of loss of habitat quality or diversity.
Impacts to the Montane Oak-Hickory Forest from either alternative are not considered substantial
with respect to quantity. This habitat within the project area is not as diverse as might be expected
from a better example of this community type, therefore impacts are not regarded as notable in terms
of quality of habitat for this area.
TABLE 1
ANTICIPATED IMPACTS TO TERRESTRIAL AND AQUATIC
COMMUNITIES
Bridge No. 58 Man-Dominated Montane Oak- Aquatic Combined
Alternatives Community Hickory Forest Community Total
acres ha acres ha acres ha acres ha
0.57 0.20 0.02 0.79
Alternative A 0.23 (0.08) <0.01 0.32
Temporary 0.19 0.25 0.03 0.47
Detour A (0.08) (0.10) (0.01) (0.19)
0.88 0.42 0.03 1.33
Alternative B (0.36) (0.17) (0.01) (0.54)
NOTES:
Impacts were calculated to 10 feet (3 meters) outside slope stakes.
Actual construction impacts may be less than those indicated above; calculations were based on the worst-
case scenario.
Values given are in acres (hectares).
b. Aquatic Communities
Alternative A linear stream impacts are estimated to be 35 feet (10.7 meters). This quantity is
derived from the width of the replacement structure over water. Actual impacts would be much less
since the replacement structure is a bridge. The temporary detour for this alternative would result in
approximately 80 linear feet (24.4 linear meters) of temporary aquatic impacts. Alternative A has the
lowest amount of permanent aquatic impacts.
Alternative B linear stream impacts are estimated to be approximately 78 feet (23.8 meters). This
alternative utilizes a culvert rather than a bridge to replace the existing bridge.
B-3808 Categorical Exclusion Page 10
E. Special Topics
1. "Waters of the United States": Jurisdictional Issues
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). Waters within the banks of Henson Creek would be considered jurisdictional as
waters of the United States and would be regulated by the USACE.
Investigation into wetland occurrence in the project study area was conducted using methods of the
1987 USACE Wetlands Delineation Manual. No wetlands were found within the project study area.
2. Permits
Section 404 of the Clean Water Act
In accordance with Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344.), a permit is
required from the USACE for projects of this type for the discharge of dredged or fill material into
waters of the United States. The USACE issues two types of permits for these activities. A general
permit may be issued on a nationwide or regional basis for a category or categories of activities
when: those activities are substantially similar in nature and cause only minimal individual and
cumulative environmental impacts, or when the general permit would result in avoiding unnecessary
duplication or regulatory control exercised by another Federal, state, or local agency provided that
the environmental consequences of the action are individually and cumulatively minimal. If a
general permit is not appropriate for a particular activity, then an individual permit must be utilized.
Individual permits are authorized on a case-by-case evaluation of a specific project involving the
proposed discharges.
It is anticipated that this project will fall under Nationwide Permit 23, which is a type of general
permit. Nationwide Permit 23 is relevant to approved Categorical Exclusions. Activities under this
permit are categorically excluded from environmental documentation because they are included
within a category of activities, which neither individually nor cumulatively have a significant effect
on the human environment. Activities authorized under nationwide permits must satisfy all terms
and conditions of the particular permit.
b. Section 401 Water Quality Certification
A Section 401 Water Quality Certification from the state is necessary for projects that require
Section 404 Permits. The state has General Certifications, which will match the permit type
authorized by the USACE. Although a single form is utilized to request both the 404 Permit and the
401 Certification, the state must issue the 401 Certification before the USACE will issue the 404
Permit. Written concurrence/notification is not always required by the state, and varies depending
upon the General Certification. If this project qualifies under Nationwide Permit 23, the DWQ must
be notified, however written concurrence from the DWQ is not required.
Since this bridge is within a designated mountain trout county, the NCWRC must be consulted
during the permitting process. "Guidelines for Construction of Highway Improvements Adjacent to
or Crossing Trout Waters in North Carolina" (October 27, 1992) will be adhered to for this project.
B-3808 Categorical Exclusion Page l 1
C. Bridge Demolition and Removal
There is little potential that components of the existing bridge may be dropped into waters of the -
United States during construction. The bridge is composed completely of timber and steel.
Therefore, no temporary fill is expected to result from bridge removal. Dropping any portion of
the structure into waters of the United States will be avoided unless there is no other practical
method of removal. Since the bridge is composed entirely of timber and steel, it can be removed
without dropping any components into waters of the United States. The following guidelines will be
used during construction of this project: "Pre-Construction Guidelines for Bridge Demolition and
Removal", "Policy: Bridge Demolition and Removal in Waters of the United States", and "Best
Management Practices for Bridge Demolition and Removal". Guidelines followed for bridge
demolition and removal are in addition to those implemented for Best Management Practices for the
Protection of Surface Waters. If removal of the substructure will create disturbance in the
streambed, a turbidity curtain will be used due to sediment concerns.
d. Tennessee Valley Authority (TVA)
Avery County is under the jurisdiction of the Tennessee Valley Authority (TVA). This project will
be reviewed under Section 26a of the Tennessee Valley Authority Act. The final bridge plans,
hydraulic analysis of the effects of the replacement structure on the 100-year flood elevation, and
notice of compliance with the Historic Preservation Act of 1966 will be forwarded to TVA for
approval at 2611 West Andrew Johnson Hwy Morristown, TN 37814-3295.
3. Mitigation
The USACE has adopted through the Council on Environmental Quality (CEQ) a wetland mitigation
policy, which embraces the concept of "no net loss of wetlands". The purpose of this policy is to
restore and maintain the chemical, biological, and physical integrity of waters of the United States,
specifically wetlands. Mitigation of wetland impacts has been defined by the CEQ to include:
avoiding impacts to wetlands, minimizing impacts, and rectifying impacts (40 CFR 1508.20). Each
of these three aspects (avoidance, minimization, and compensatory mitigation) must be considered
sequentially.
The USACE usually requires compensatory mitigation for activities authorized under Section 404 of
the Clean Water Act if unavoidable impacts to waters of the United States total more than 0.10 acre
(0.04 hectare).
The DWQ may require compensatory mitigation for activities authorized under Section 401 of the
Clean Water Act if unavoidable impacts to waters of the United States total more than 1 acre (0.45
hectares) of wetlands and/or 150 linear feet (45.7 linear meters) of perennial streams.
According to impact estimates, USACE and DWQ limitations for impacts to jurisdictional waters
will not be exceeded by either alternative. However, a final determination regarding mitigation
requirements rests with the agencies noted above. There are no jurisdictional wetlands located in the
project area.
B-3808 Categorical Exclusion Page 12
F. Rare and Protected Species
Some populations of plants and animals are in the process of decline due either to natural forces or
many other factors such as habitat destruction and introduced species competition. Rare and
protected species listed for Avery County, and any likely impacts to these species as a result of the
proposed project construction are discussed in the following sections. A discussion of threatened
and endangered species for Mitchell County is also included due to the distance to the county border
from the project area.
1. Federal 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 reports nine federally
protected species for Avery County as of March 7, 2002 (http://nc-es.fws.gov/es/countyfr.htmi)
(Table 2).
TABLE 2
FEDERALLY PROTECTED SPECIES
FOR AVERY COUNTY
Scientific Name
Common Name Status
Clemmys muhlenbergii
T(S/A)
(Bog turtle)
Corynorhinus (=Plecotus) townsendii virginianus E
(Virginia big-eared bat)
Glaucomys sabrinus coloratus E
(Carolina northern flying squirrel)
Microhexura montivaga
E
(Spruce-fir moss spider)
Geum radiatum
E
(Spreading avens)
Houstonia montana (=Hedyotis purpurea var. montana) E
(Roan Mountain bluet)
Liatris helleri
T
(Heller's blazing star)
Solidago spithamaea
T
(Blue Ridge goldenrod)
Gymnoderma lineare
E
(Rock gnome lichen)
TABLE NOTES:
T(S/A) Threatened due to similarity of appearance. These species are listed due to similarity of appearance with other
rare species but are not biologically endangered or threatened. No Section 7 consultation is required.
E Denotes Endangered (a species that is in danger of extinction throughout all or a significant portion of its
range).
B-3808 Categorical Exclusion Page 13 -
T Denotes Threatened (a species likely to become endangered within the foreseeable future throughout all or a
significant portion of its range).
Species: Bog turtle
Family: Emydidae (Subfamily Emydinae)
Date Listed: 11/4/97
The bog turtle has a light brown to ebony colored carapace and a blackish plastron. Shell size ranges
from 3 to 4.5 inches (8 to 11 centimeters). The species is most easily recognized by a yellow,
orange, or red blotch on each side of the head. This turtle inhabits damp, grassy fields, bogs, and
marshes. It feeds on insects, worms, snails, amphibians, and seeds.
Since the southern species is not biologically endangered or threatened, no biological
conclusion is required for the bog turtle.
Species: Virginia big-eared bat
Family: Vespertilionidae
Date Listed: 11/30/79
This species of bat has light to dark brown fur, and ears that measure approximately 0.98 inches (2.5
centimeters) in length. Total body length averages about 3.9 inches (9.8 centimeters) and weight
ranges from 0.25 to 0.42 ounces (7 to 12 grams). A noticeable fleshy growth is located on either
side of the muzzle between the nostril and eye. Hair on the feet of the Virginia big-eared bat does
not extend beyond the tips of the toes. This is one way to distinguish it from Rafinesque's big-eared
bat, which it resembles.
The Virginia big-eared bat utilizes caves as year-round roost sites. The species hibernates during the
winter, but may occasionally become active during that time. Food sources include moths, beetles,
flies, and wasps.
BIOLOGICAL CONCLUSION: NO EFFECT
There are no caves within the project area that could be utilized for year-round nesting
sites. NCNHP records were searched for the occurrence of this species within the
project area and vicinity and no documented occurrences were found. This project will
not affect the Virginia big-eared bat.
Species: Carolina northern flying squirrel
Family: Sciuridae
Date Listed: 7/1/85
This nocturnal squirrel has a broad, flattened tail and folds of skin between the wrist and ankle that
are used for gliding. Total length ranges from 10 to 12 inches (25.4 to 30.5 centimeters). Adults are
gray with a brown, tan, or reddish coloration on the back, and have gray to white undersides.
Juveniles have slate gray backs and whitish undersides.
Carolina northern flying squirrels inhabit mainly the transition zones between coniferous and
northern hardwood forests. Hardwood areas are utilized for nesting, and foraging is conducted in
both coniferous and hardwood forests. This squirrel has a varied diet, which may include lichens
B-3808 Categorical Exclusion Page 14
and fungi, seeds, nuts, buds, fruit, and insects. Mating takes place in the spring and the young are
born in May or June.
BIOLOGICAL CONCLUSION: NO EFFECT
There is no hardwood and coniferous forest transition zone within the project study
area. This species would more likely be found at higher elevations. NCNHP records do
not indicate any documented occurrences of this species within the project study area
or vicinity. This project will not affect the Carolina northern flying squirrel.
Species: Spruce-fir moss spider
Family: Dipluridae
Date Listed: 2/6/95
The spruce-fir moss spider may range in color from light yellow-brown to reddish-brown. It is very
small, measuring about 0.10 to 0.15 inches (0.25 to 0.38 centimeters). The spider has long posterior
spinnerets and chelicerae (appendage near the mouth, often used for grasping) that extend well
beyond the anterior edge of the carapace.
This species inhabits damp but well-drained moss mats growing on rocks and boulders in well-
shaded areas. Tube-shaped webs are constructed by the spider between the moss mat and rock
surface. It is known from mature Fraser fir and red spruce forests at high elevations in the southern
Appalachian Mountains.
BIOLOGICAL CONCLUSION: NO EFFECT
There is no habitat available for the Spruce-fir moss spider within the project study
area. There are no mature Fraser fir and red spruce forests, and the elevation is too
low. There are no documented occurrences at NCNHP of this species within the
project study area or vicinity. This project will not affect the spruce-fir moss spider.
Species: Spreading avens
Family: Rosaceae
Date Listed: 4/5/90
Spreading avens is a perennial herb with mostly basal leaves that arise from horizontal rhizomes.
Stems are from 8 to 20 inches (20 to 50 centimeters) tall. Bright yellow flowers are arranged in a
cyme and bloom from June through September. Fruits in the form of achenes are produced from
August through October.
This species is found on high elevation cliffs, outcrops, and steep slopes that are exposed to full sun.
It is also found on thin, gravelly soils of grassy balds near summit outcrops.
BIOLOGICAL CONCLUSION: NO EFFECT
A steep slope with rock outcrops exists in the northeast quadrant of the project study
area. The slope would receive sun for a large part of the day; it would be shaded in the
afternoon by tall trees on the opposite side of SR 1126. This species would be expected
at higher elevations than that of the study area, however as a precaution, the slope area
B-3808 Categorical Exclusion Page 15
and rock outcrops were surveyed. Spreading avens was not found within the study
area, and NCNHP records show no documented occurrence of this species within the
study area or vicinity. This project will not affect spreading avens.
Species: Roan Mountain bluet
Family: Rubiaceae
Date Listed: 4/5/90
This shallow-rooted perennial herb forms low-growing loose tufts approximately four inches (10
centimeters) in height. The leaves have a smooth margin and the small flowers are deep purple.
Flowering occurs from late May to August and fruiting occurs from late August to September.
Roan Mountain bluet occurs on rock outcrops at high elevations, typically 4,200 to 6,300 feet (1,280
to 1,920 meters) and also on thin, gravelly soils of grassy balds near summit outcrops.
BIOLOGICAL CONCLUSION: NO EFFECT
It is recognized that elevations in the project area are approximately 1,000 feet (305
meters) lower than that which this species would typically be found. However,
elevations in the project vicinity are as high as 4,000 feet (122 meters). Since there is a
rock outcrop in the project area and high elevations within the vicinity, a survey was
conducted as a precaution. No specimens were found. NCNHP records indicate no
recorded occurrence of this species in the project area or vicinity. This project will not
affect Roan Mountain bluet.
Species: Heller's blazing star
Family: Asteraceae
Date Listed: 11/19/87
Heller's blazing star is a perennial herb that has erect or arching stems which arise from a tuft of
narrow pale green basal leaves. The stems reach approximately 16 inches (40 centimeters) in height
and are topped by a spike of lavender flowers. Flowering occurs from July to September and
fruiting occurs from September to October. This plant may be distinguished from similar high-
elevation plants within the genus by its much shorter pappus (modified calyx lobes), ciliate petioles,
and internally pilose (covered with soft trichomes) corolla tubes.
Heller's blazing star grows on high elevation ledges or rock outcrops in full sun. Substrate consists
of shallow, acidic soils.
BIOLOGICAL CONCLUSION: NO EFFECT
A survey on the slope and rock outcrop area was conducted for this plant and no
specimens were found. This species would be expected at higher elevations than that of
the project study area. There are no recorded occurrences of this species in the project
study area or vicinity at NCNHP. This project will not affect Heller's blazing star.
B-3808 Categorical Exclusion Page 16
Species: Blue Ridge goldenrod
Family: Asteraceae
Date Listed: 3/28/85
This plant is an erect perennial herb. Stems measure from 4 to 16 inches (10 to 40 centimeters) in
height and arise from short, stout rhizomes. Stem leaves are smooth and toothed. Flowers are
yellow and occur in flat-topped heads from late July to September.
Blue Ridge goldenrod is found at high elevations. It grows in full sun in rock crevices and on cliffs.
BIOLOGICAL CONCLUSION: NO EFFECT
Blue Ridge goldenrod would be expected at higher elevations than that of the project
study area. As a precaution, this species was surveyed for on the steep slope and rock
outcrop areas within the project study area due to elevations within the vicinity. There
were other species of goldenrod in the study area, but this species was not present.
There are no documented occurrences of this species in the project area or vicinity at
NCNHP. This project will not affect Blue Ridge goldenrod.
Species: Rock gnome lichen
Family: Cladoniaceae
Date Listed: 1/18/95
The rock gnome lichen is a squamulose lichen that grows in dense colonies of narrow straps that are
blue-gray on the upper surface and shiny-white on the lower surface. Near the base the color grades
to black, which is a distinguishing characteristic of this species from other similar lichens in the
Cladonia genus. Black fruiting bodies borne near the tips of squamules are another characteristic
that assists in determining this species. Cladonia fruiting bodies are brown or red. The squamules
are almost parallel to rock surfaces on which the species grows, but the tips curl away from the rock
and become nearly perpendicular. Fruiting occurs from July through September.
This species inhabits areas of high humidity, either at high elevations or in deep river gorges at lower
elevations. It is most often found on vertical rock faces where seepage water from forest soils flows
during very wet times. Most populations occur above an elevation of 5,000 feet (1,524 meters).
BIOLOGICAL CONCLUSION: NO EFFECT
This species is most often found at higher elevations than that of the project study area.
There are no vertical rock faces in the study area where humidity would be adequate
for this species. A search of NCNHP records indicated that there are no documented
occurrences of this species within the project study area or vicinity. This project will
not affect rock gnome lichen.
Since the project study area is located within approximately 0.5 miles (0.8 kilometers) of Mitchell
County, consideration was given for the possible occurrence in the study area of threatened or
endangered species listed for that county. Mitchell County species with a federal listing of "T" or
"E" that have not been previously addressed in this report include Indiana bat (Myotis sodalis) (E),
Appalachian elktoe (Alasmidonta raveneliana) (E), and Virginia spiraea (Spiraea virginiana) (T).
B-3808 Categorical Exclusion Page 17
The Indiana bat uses limestone caves with standing water on the floor for hibernation and also for
some summer roosts. This type of habitat is not present within the project study area. Summer
maternity roosts can also be under loose bark on dead or dying trees along streams. The listing for -
this species in Mitchell County is based upon one historic record. NCNHP records do not indicate
that the species has been found within the project area or vicinity. This project will not affect the
Indiana bat.
Virginia spiraea inhabits scoured banks of high gradient streams. It may also occur on point bars,
natural levees, or braided features of lower stream reaches. According to Terwilliger and Tate
(1995), scour must be sufficient to remove woody trees and vines that would compete with Virginia
spiraea. This type of habitat does not appear to be present in the project study area. Although the
site investigation was not conducted during the flowering time of this species, there were no plants
present that resembled Virginia spiraea within the study area. This project will not affect Virginia
spiraea.
The Appalachian elktoe is a freshwater mussel that occurs in medium-sized creeks and rivers with
well-oxygenated, moderate to fast-flowing water. The species has been found in cracks in bedrock,
in substrates of gravel mixed with cobble and boulders, and in silt-free, coarse sand. This type of
habitat is available within the project study area and vicinity. NCNHP records do not indicate that
the Appalachian elktoe has been found in the project study area or vicinity, and this species is known
from only limited areas in North Carolina. The USFWS Asheville Field Office was contacted to find
out if there were any recent surveys for this species in the project area or vicinity and to obtain his
recommendations with respect to a survey for the Appalachian elktoe. The USFW S responded with
a recommendation to survey for this species in proximity to the bridge project. The following
biological conclusion is reached for this species.
BIOLOGICAL CONCLUSION: NO EFFECT
Suitable habitat for the Appalachian elktoe does occur throughout the North Toe River
downstream of the project crossing, however, no mussels have been found in the Avery
County portion of the river. NCDOT Environmental Specialist- conducted a mussel
survey on November 7, 2001. The mussel survey was conducted 200 feet (61 meters)
downstream and 100 feet (30 meters) upstream of the project crossing. No evidence of
fresh water mussels was noted in the stream. It is possible that the Appalachian elktoe
occurs at some location in Avery County. Special care will be given to ensure that
downstream impacts (sedimentation, introduction of toxicants, ect.) do not occur as a
result of project construction. Based on the survey results it can be concluded that
project construction will not impact the Appalachian elktoe.
2. 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 or 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. Some of these
species are listed as Endangered, Threatened, or Special Concern by the NCNHP list of Rare Plant
and Animal Species and are afforded state protection under the State Endangered Species Act and
B-3808 Categorical Exclusion Page 18
the North Carolina Plant Protection and Conservation Act of 1979. Table 3 provides the Federal
Species of Concern in Avery County and their state classifications
The NCNHP database shows no recorded occurrences of FSCs within the project vicinity.
TABLE 3
NORTH CAROLINA STATUS OF FEDERAL SPECIES
OF CONCERN IN AVERY COUNTY
Scientific Name North Carolina Habitat
Common Name Status Present
Aegolius acadicus Sc NO
Southern Appalachian saw-whet owl
Cryptobranchus alleganiensis* SC YES
Hellbender
Loxia curvirostra SR NO
Southern Appalachian red crossbill
Microtus chrotorrhinus carolinensis SC NO
Southern rock vole
Myotis leibii Sc NO
Eastern small-footed bat
Neotoma magister SC YES
Alle an woodrat
Parus atricapillus practicus
Southern Appalachian black-capped SC NO
chickadee
Sorex palustris punctulatus SC YES
Southern water shrew
Sphyrapicus varius appalachiensis
Southern Appalachian yellow-bellied SR NO
sapsucker
Sylvilagus obscurus•
SR
NO
Appalachian cottontail
Thryomanes bewickii altus * E NO
Appalachian Bewick's wren
Ascetocythere cosmeta* SR YES
Grayson crayfish ostracod
Speyeria dana SR NO
Diana fritillary butterfly
Speyeria idalia SR NO
Regal fritillary butterfly
Abies fraseri ? NT NO
Fraser fir
B-3808 Categorical Exclusion Page 19
TABLE 3 CONTINUED
NORTH CAROLINA STATUS OF FEDERAL SPECIES
OF CONCERN IN AVERY COUNTY
Scientific Name North Carolina Habitat
Common Name Status Present
Cardamine clematitis
Mountain bittercress C NO
Geum geniculatum
T NO
Bent avens
Juglans cinerea

Butternut NT YES
Lilium grayi

Gray's lily T-SC NO
Poa paludigena

Bo bluegrass E NO
Saxifiraga caroliniana
Carolina saxifrage
C
YES
Plagiochila sullivantii var. sullivantii

A liverwort C NO
Plagiochila virginica var. caroliniana*

A liverwort C NO
Sphenolobopsis pearsonii

A liverwort PE NO
Astilbe crenatiloba#*

Roan false oat's beard C NO
Delphinium exaltatum *•

Tall larks ur E-SC NO
TABLE 3 NOTES:
• Listed as Sylvilagus transitionalis (New England cottontail) at NCNHP.
? Listed by USFWS but not by NCNHP.
# Historic record at USFWS. The species was last observed in the county more than 50 years ago.
NT Not tracked in this county by NCNHP.
NL Not listed by the State.
E Endangered (a species whose continued existence as a viable component of the State's flora or fauna is
determined to be in jeopardy).
T Threatened (a species likely to become endangered within the foreseeable future).
C Candidate (species which are considered by the state to be rare and in need of population monitoring.
SR Significantly Rare (a species in need of population monitoring and conservation action.
SC Special Concern (a species of plant or animal which requires monitoring but which may be collected and sold
or taken under certain regulations).
PE Proposed Endangered
T-SC Propagated material only of plants listed as both "threatened" and "special concern" may be traded or sold
under specific regulations.
* Historic record at NCNHP. The element was last observed in the county more than 20 years ago.
• Listed only at NCNHP in this county.
E-SC Propagated material only of plants listed as both "endangered" and "special concern" may be traded or sold
under specific regulations.
B-3808 Categorical Exclusion Page 20
Seven additional species not listed above in Table 3 are FSCs in Mitchell County. These species are
shown in Table 4.
TABLE 4
NORTH CAROLINA STATUS OF FEDERAL SPECIES OF CONCERN
IN MITCHELL COUNTY
Scientific Name North Carolina Habitat
Common Name Status Present
Contopus borealis* SC NO
Olive-sided flycatcher
Percina squamata SC NO
Olive darter
Paravitrea varidens *

Roan su ercoil T NO+
Buckleya distichophylla E YES
Piratebush
Caret roanensis C YES
Roan sedge
Euphorbia purpurea C NO
Glade s ur e
tima canbyi#
Laxis NL NO
Canby's mountain lover
TABLE 4 NOTES:
As noted previously, Mitchell County FSCs already listed in Table 3 are not repeated in Table 4.
* Historic record at NCNHP. The element was last observed in the county more than 20 years ago.
SC Special Concern (a species of plant or animal which requires monitoring but which maybe collected and sold
or taken under certain regulations).
T Threatened (a species likely to become endangered within the foreseeable future).
E Endangered (a species whose continued existence as a viable component of the State's flora or fauna is
determined to be in jeopardy).
C Candidate (species which are considered by the state to be rare and in need of population monitoring).
+ Extremely limited records were available on this species at NCNHP. Based upon the very small amount of
available information, habitat has been estimated not to be present due to the elevation in the project area.
NL Not listed by the State.
# Historic USFWS record. Species last observed in the county more than 50 years ago.
3. Summary of Anticipated Impacts
There were no federally protected threatened or endangered species noted in the project area during
the field investigation. Habitat is present for the Appalachian elktoe, and NCDOT Environmental
Specialist conducted a mussel survey on November 7, 2001. The mussel survey was conducted 200
feet (61 meters) downstream and 100 feet (30 meters) upstream of the project crossing. No evidence
of fresh water mussels was noted in the stream. It is possible that the Appalachian elktoe occurs at
some location in Avery County. Based on the survey results it can be concluded that project
construction will not impact the Appalachian elktoe.
B-3808 Categorical Exclusion Page 21
VI. Cultural Resources
A. Compliance Guidelines
This project is subject to compliance with Section 106 of the National Historic 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.
B. Historic Architecture
A field survey of the Area of Potential Effects (APE) for Bridge No. 58 was conducted on May 18,
2000. All structures within the APE were photographed, and later reviewed by the State Historic
Preservation Office (HPO). In a concurrence form dated December 12, 2000 the State Historic
Preservation Officer (SHPO) concurred that there are no historic architectural resources either listed
or eligible for listing in the National Register of Historic Places within the APE. A copy of the
concurrence form is included in the Appendix.
C. Archaeology
The SHPO, in a memorandum dated February 5, 2001 stated, "There are no recorded archaeological
sites within the proposed project area. If the replacement is to be along the existing alignment, it is
unlikely that significant archaeological resources would be affected and no investigation would be
recommended." A copy of the SHPO memorandum is included in the Appendix.
VII. Environmental Effects
The project is expected to have an overall positive impact. Replacement of an inadequate bridge
will result in safer traffic operations.
The project is a Federal "Categorical Exclusion" due to its limited scope and lack of substantial
environmental consequences.
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 the community is anticipated. Right of way acquisition will be limited. Two
residential relocations is expected with the implementation of the proposed alternative
B-3808 Categorical Exclusion Page 22
In compliance with Executive Order 12898 (Federal Actions to Address Environmental Justice in
Minority Populations and Low Income Populations) a review was conducted to determine whether _
minority or low-income populations were receiving disproportionately high and adverse human
health or environmental impacts as a result of this project. The investigation determined the project
would not disproportionately impact any minority or low-income populations.
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 recreational facilities, or wildlife and waterfowl refuges of national,
state, or local significance in the vicinity of the project.
The Farmland Protection Policy Act requires all federal agencies or their representatives to consider
the potential impacts to prime and important farmland soils by all land acquisition and construction
projects. Prime and important farmland soils are defined by the Natural Resources Conservation
Service (MRCS). Since there are no prime or important farmlands in the immediate vicinity of the
proposed bridge the Farmland Protection Policy does not apply.
The project is located in Avery County, which has been determined to be in compliance with the
National Ambient Air Quality Standards. 40 CFR Parts 51 and 93 are 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.
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.
The traffic volumes will not increase or decrease because of this project. The project's impact on
noise and air quality will not be substantial.
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
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 and Natural Resources,
Division of Water Quality, Groundwater Section and the North Carolina Department of Human
Resources, Solid Waste Management Section revealed no hazardous waste sites in the project area.
Avery County is a participant in the National Flood Insurance Program. The project site on Henson
Creek is not located in a designated flood hazard zone and is not included in a detailed F.E.M.A.
Study. Attached is a copy of the Flood Insurance Rate Map, Figure 5.
On the basis of the above discussion, it is concluded that no significant adverse environmental
effects will result from implementation of the project.
B-3808 Categorical Exclusion Page 23
VIII. Public Involvement
Efforts were undertaken early in the planning process (December 2000) to contact local officials to -
involve them in the project development with scoping letters. A newsletter was mailed to local
residents explaining the planning process and the selected Alternative (June 13, 2002).
IX. Agency Comments
North Carolina Wildlife Resources Commission (NCWRC): Recommended a survey for the
Appalachian elktoe (Alasmidonta raveneliana) within the project area and vicinity. If the survey
results reveal that this species is present, then this project would be reclassified as Case 1. Case 1
projects require that in-water work is limited to an absolute minimum due to the presence of special
resource waters or threatened and/or endangered species, except for the removal of the portion of the
sub-structure below the water. The work should be coordinated with the responsible agency to
protect the special waters or threatened/endangered species.
Response: NCDOT Environmental Specialist conducted a mussel survey on November 7,
2001. The mussel survey was conducted 200 feet (61 meters) downstream and 100 feet (30
meters) upstream of the project crossing. No evidence of fresh water mussels was noted in
the stream. Based on the survey results it can be concluded that project construction will not
impact the Appalachian elktoe.
NCWRC: In a memorandum dated December 13, 2000, NCWRC stated; "Instream work and land
disturbance within the 25 foot wide buffer zone are prohibited during the brown and brook trout
spawning season of October 15 through March 31 to protect the egg and fry of trout from off-site
sedimentation during construction."
NCWRC: The NCWRC District Fisheries Biologist was contacted on October 6, 2000. NCWRC
stated that; "Rainbow trout were the only trout species found in Henson Creek."
NCWRC: requested that a construction moratorium be in place for in-water work during the rainbow
trout spawning period, the moratorium period for rainbow trout will extend from January 1 to
April 30.
Response: The brown and brook trout are not found in Henson Creek, only rainbow trout.
There will be a construction moratorium in place for in-water work during the rainbow trout
spawning period, the moratorium period for rainbow trout will extend from January 1
to April 30. The "Guidelines for Construction of Highway Improvements Adjacent to or
Crossing Trout Waters in North Carolina" (October 27, 1992) will be adhered to throughout
design and construction of this project.
North Carolina Division of Water Quality (NCDWQ): Since the water is classified as WS-III
Trout, the DWQ request that DOT strictly adhere to the North Carolina regulations entitled, "Design
Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction of
this project.
Response: Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) will be
strictly adhered to throughout design and construction of this project.
B-3808 Categorical Exclusion Page 24

30
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Transportation
Project Development &
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AVERY COUNTY
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OVER HENSON CREEK
B--3808
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Bridge No. 58 on SR 1126 over Henson Creek
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FILM
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Avery County NC
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NATIONAL FLOOD INSURANCE PROGRAM
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AVERY COUNTY,
NORTH CAROLINA
(UNINCORPORATED AREAS)
PANEL 50 OF 125
COMMUNITY-PANEL NUMBER:
310010 0050 B
EFFECTIVE DATE:
SEPTEMBER 28, 1990
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
February 7, 2001
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: Bridge Replacements - Avery County (B-3808); Henderson County (B-3475, B-3662,
B-3663, B-3664, B-3665, B-3666, and B-3857); McDowell County (B-3673); and
Watauga County (B-3709 and B-3710)
We have reviewed the subject projects and are providing the following comments 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).
The information we received for these 11 projects does not include descriptions of the structures
that will replace the existing bridges, and it does not include any environmental information
regarding the streams or whether habitat assessments or surveys for rare species have been
conducted for any of the projects. Therefore, our comments are limited primarily to the known
locations of listed species and species of Federal concern. When the categorical exclusions are
prepared and more information is available regarding environmental effects, we can then offer
more substantive comments.
Enclosed is a list of species from the four counties involved. This list provides the names of
species that are on the Federal List of Endangered and Threatened Wildlife and Plants, as well as
species of Federal concern. 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 to
give you advance notification and to request your assistance in protecting them if any are found
in the vicinity of these projects. Our records indicate the following:
1
Henderson County
Protect B-3475. Known locations of the federally endangered bunched arrowhead (Sagittaria
fasciculata) and the federally threatened small-whorled pogonia (Isotria medeoloides) occur near
this project. We recommend surveying the project area for these species prior to any further
planning or orr-the-ground activities. If these species occur in the project area, further
consultation will be required.
Project B-3665. Known locations of the federally endangered bunched arrowhead (Sagittaria
fasciculata) and mountain sweet pitcher plant (Sarracenia jonesii) occur in the vicinity of this
project. We recommend surveying the project area for these species prior to any further planning
or on-the-ground activities. If these species occur in the project area, further consultation will be
required.
Projects B-3662 and B-3664. These projects occur in the general vicinity of Mud Creek, an area
with several occurrences of bunched arrowhead (Sagittaria fasciculata) and mountain sweet
pitcher plant (Sarracenia jonesii). Currently there are no known locations of these species in the
immediate project area. However, a lack of any systematic surveys throughout the Mud Creek
drainage may account for the apparent absence of these species. In the areas affected by these
projects, we recommend conducting habitat assessments and surveying any suitable habitat for
these species.
Projects B-3666, B-3663, and B-3857. Our records for Henderson County indicate no known
locations of listed species in the project areas. However, we recommend conducting habitat
assessments and surveying any suitable habitat in the project areas for these species prior to any
further planning or on-the-ground activities to ensure that no adverse impacts occur.
McDowell County
Protect B-3673. Our records indicate known locations for the bog turtle (Clemmys muhlenbergii)
near this project. Habitat assessments and surveys of suitable habitat should be conducted in the
project area for this species: If the bog turtle occurs in the project area, it should be protected
from impacts.
Watauga and Avery Counties
Projects B-3709, B-3710, and B-3808. Although our records for Watauga and Avery Counties
indicate no known locations of listed species in the project areas, we recommend conducting
habitat assessments in the affected area of each project. Any suitable habitat should be surveyed
for these species prior to any further planning or on-the-ground activities to ensure that no
adverse impacts occur.
We are interested in the types of structures that will replace these existing bridges and would
recommend spanning structures, preferably bridges, in all cases. We look forward to reviewing
the completed categorical exclusion documents.
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 4-2-01-278.
Sincer-e ?y3,
X
i
Brian P. ole
State Supervisor
Enclosure
cc:
Ms. Stacy Harris, Project Development and Environmental Analysis Branch, North Carolina
Department of Transportation, 1548 Mail Service Center, Raleigh, NC 27699-1548
Mr. Owen Anderson, Mountain Region Coordinator, North Carolina Wildlife Resources
Commission, 20830 Great Smoky Mtn. Expressway, Waynesville, NC 28786
Ms. Cynthia Van Der Wiele, North Carolina Department of Environment and Natural Resources,
Division of Water Quality, Wetlands Section, 1621 Mail Service Center, Raleigh, NC
27699-1621
Avery County Endangered Species, Threatened Species, and Federal Species of Concern
Updated: 05/31/2002
AVERY COUNTY
Critical Habitat Designation:
Page 1 ot3
Spruce-fir moss spider, Microhexura montivaga - Critical Habitat designation in Federal Register
66:35547-35566[01-168661.
Common Name Scientific Name Status
Vertebrates
Alleghany woodrat
Appalachian Bewick's wren
Appalachian cottontail
Blotched chub
Bog turtle
Carolina northern flying squirrel
Eastern small-footed bat
Hellbender
Southern Appalachian black-capped
chickadee
Southern Appalachian red crossbill
Southern Appalachian saw-whet owl
Southern Appalachian yellow-bellied
sapsucker
Southern rock vole
Southern water shrew
Virginia big-eared bat
Invertebrates
Diana fritillary butterfly
Grayson crayfish ostracod
Regal fritillary butterfly
Spruce-fir moss spider
Vascular Plants
Bent avens
Blue Ridge goldenrod
Bog bluegrass
Neotoma magister FSC
Thryomanes bewickii altus FSC
Sylvilagus obscurus FSC
Erimystax insignis FSC
Clemmys muhlenbergii T(S/A)1
Glaucomys sabrinus coloratus Endangered
Myotis leibii FSC
Cryptobranchus alleganiensis FSC
Parus atricapillus practicus FSC
Loxia curvirostra FSC
Aegolius acadicus FSC
Sphyrapicus varius appalaciensis FSC
Microtus chrotorrhinus carolinensis FSC
Sorex palustris punctulatus FSC
Corynorhinus (=Plecotus) townsendii virginianus Endangered
Speyeria diana FSC
Ascetocythere cosmeta FSC
Speyeria idalia FSC
Microhexura montivaga Endangered
Geum geniculatum FSC
Solidago spithamaea Threatened
Poa paludigena FSC
http://nc-es.fws.gov/es/cntylist/avery.html 6/11/2002
Avery County Endangered Species, Threatened Species, and Federal Species of Concern Page 2 of 3
Butternut Juglans cinerea FSC
Carolina saxifrage Saxifraga caroliniana FSC
Fraser fir Abies fraseri FSC
Gray's lily Lilium grayi FSC
Heller's blazing star Liatris helleri Threatened
Mountain bittercress Cardamine clematitis FSC
Roan Mountain bluet Houstonia montana (=Hedyotis purpurea var. Endangered
montana)
Spreading avens Geum radiatum Endangered
Nonvascular Plants
Rock Gnome Lichen Gymnoderma lineare Endangered
A liverwort Plagiochila sullivantii var. sullivantii FSC
A liverwort Plagiochila virginica var. caroliniana FSC
A liverwort Sphenolobopsis pearsonii FSC
KEY:
Status Definition
Endangered A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a
- significant portion of its range."
Pro osed - A taxon proposed for official listing as endangered or threatened.
C1 -
I A taxon under consideration for official listing for which there is sufficient information
to support listing.
FSC - A Federal species of concern--a species that may or may not be listed in the future
(formerly C2 candidate species or species under consideration for listing for which there
is insufficient information to support listing).
T(S/A) - Threatened due to similarity of appearance (e.g., American alligator )--a species that is
threatened due to similarity of appearance with other rare species and is listed for its
protection. These species are not biologically endangered or threatened and are not
subject to Section 7 consultation.
EXP - A taxon that is listed as experimental (either essential or nonessential). Experimental,
nonessential endangered species (e.g., red wolf) are treated as threatened on public land,
for consultation purposes, and as species proposed for listing on private land.
Species with 1, 2, 3, or 4 asterisks behind them indicate historic, obscure, or incidental records.
*Historic record - the species was last observed in the county more than 50 years ago.
**Obscure record - the date and/or location of observation is uncertain.
***Incidental/migrant record - the species was observed outside of its normal range or habitat.
****Historic record - obscure and incidental record.
'In the November 4, 1997, Federal Register (55822-55825), the northern population of the bog turtle
(from New York south to Maryland) was listed as T (threatened), and the southern population (from
Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A)
http://nc-es.fws.gov/es/cntylist/avery.html 6/11/2002
Avery County Endangered Species, Threatened Species, and Federal Species of Concern Page 3 of "3
designation bans the collection and interstate and international commercial trade of bog turtles from the
southern population. The T(S/A) designation has no effect on land-management activities by private
landowners in North Carolina, part of the southern population of the species.
http://nc-es.fws.gov/es/cntylist/avery.html 6/11/2002
'? Qvw rev
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
February 5, 2001
MEMORANDUM
To: William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
From: David Brook N ; V)P-?&- k-
DePuty State HisstoYc Preservation Officer
Division of Archives and History
Jeffrey J. Crow, Director
Re: Replace Bridge #58 on SR 1126 over Henson Creek, B-3808, Avery County, ER 01-8273
Thank you for your letter of December 6, 2000, concerning the above project.
We have conducted a search of our files and are aware of no structures of historical or architectural
importance located within the planning area. However, since a survey has not been conducted in over a
decade, there may be structures of which we are unaware located within the planning area.
If there are any structures more than fifty years old on or adjacent to the project site, please send us
photographs (Polaroid type snapshots are fine) of each structure. These photographs should be keyed to a
map that clearly shows the site location. If there are no building over fifty years old on or adjacent to the
project, please notify us of this in writing.
There are no recorded archaeological sites within the proposed project area. If the replacement is to be
located along the existing alignment, it is unlikely that significant archaeological resources would be affected
and no investigations would be recommended. If, however, the replacement is to be in a new location, please
forward a map to this office indicating the location of the new alignment so we may evaluate the potential
effects of the replacement upon archaeological resources.
The above comments are made pursuant to Section 106 of National Historic Preservation Act and 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,
contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763-
cc: Mary Pope Furr, NCDOT
Tom Padgett, NCDOT
Location Mailing Address
Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617
Restoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613
Survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618
Telephone/Fax
[phone] •715-8653
[phone].715-4801
[phone] •7154801

Federal Aid #BRZ-1126(2) TIP OB-3808 County: Avery
CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL
REGISTER OF HISTORIC PLACES
Project Description: Replace Bridge No 58 on SR 1126 over Henson Creek
On December 8, 2000, representatives of the
Lid North Carolina Department of Transportation (NCDOT)
Q Federal Highway Administration (FHWA)
a? North Carolina State Historic Preservation Office (SHPO)
Reviewed the subject project at
a scoping meeting
photograph review session/consultation
other
All parties present agreed
there are no properties over fifty years old within the project's area of potential effect.
E3Z there are no properties less than fifty years old which are considered to meet Criterion
Consideration G within the project's area of potential effect.
there are properties over fifty years old (list attached) within the project's area of potential effect,
but based on the historical information available and the photographs of each property, properties
identified as }-4 0(?S* - `? are considered not eligible for the National
Register and no further evaluation of them is necessary.
there are no National Register-listed properties located within the project's area of potential effect.
Signed:
a .-
12 / 8/00
Representative, I CDO
C (.7 Aj--z--C-r-,-
FHWA, for the Division Administrator, or other Federal Agency

Representative, SHPO
r ,.
State Historic Preservation Officer
Date
I t ? ?J
Date
2-A ea
Date
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I-Ate
If a survey report is prepared, a final copy of this form and the attached list will be included.
North Carolina Wildlife Resources Commission 9
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: William D. Gilmore, PE, Manager
NCDOT Project Development and Environmental Analysis Branch
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: December 13, 2000
SUBJECT: Preliminary comments for Bridge Replacement Projects
B-3709 (Laurel Fork), B-3710 (Brushy Fork), Watauga County and
809=°Wenson), Avery County
This correspondence responds to a request by you for our preliminary review and
comments on the referenced proposed bridge projects. Biological staff of the North
Carolina Wildlife Resources Commission has generally reviewed the sites and has not
identified any special concerns regarding them. Records indicate brown and rainbow
trout at both bridges in Watauga County. Henson Creek is a tributary to the North Toe
that contains wild rainbow trout populations. As a formal scoping response does not
appear to be forthcoming, the following recommendations should be considered during
your planning process:
1. Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the brown and brook trout spawning season of October 15
through 1\4arch 31 to protect the egg and fry stages of trout from off-site
sedimentation during construction.
2. Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the rainbow trout spawning season of January 1 through April
15 to protect the egg and fry stages of trout.
3. Spanning or bottomless structures are preferred over pipes and culverts. Bridge
replacements should be planned and installed so as not to interfere with aquatic
life passage and so as not to disrupt the natural geomorphology of the stream
channel and floodplain. Whenever possible, new structures should rectify any
conditions that preclude either of these processes.
4. Concerning culverts or barrels in trout waters, whenever the receiving barrel is
wider than the naturally occurring stream or slopes approach 4 % or flow
approaches 2 fps, baffles should be located in the receiving barrel in a manner that
will mimic existing natural stream dimensions, patterns and profiles. Please note
that receiving barrels of culverts or pipes buried 1 foot below normal streambed
Mailing Address:
1)I61S11?n UI inl1,lllil t.. ' 1 1 721 Nlailti r?iceCenter • Raleigh,NC21 699-1 72 1
i'IS II ;'f!t':.
'1ti?.7643
Bridge Projects, Watauga & Avery 2 12/13/00
level that mimic natural conditions should not interfere with aquatic or fish
migration. The barrels should parallel or follow the alignment as the existing
channel. The length of barrels should be kept to the absolute minimum unless
increased slope would negatively impact aquatic life migration and fish passage.
Again, the natural geomorphology of the stream and floodplain should not be
permanently affected and should be fully restored upon project completion.
5. 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 the stream's water
chemistry and causing a fish kill.
6. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B .0024).
7. Heavy equipment should be operated from the bank rather than in the stream
channel in order to minimize sedimentation and reduce the likelihood of
introducing other pollutants into the stream.
8. Trees and vegetation within the 25-foot stream buffer zone damaged during
construction should be replanted within 5 days of project completion with the
same mixture of species existing prior to project initiation.
We are not aware of any Threatened or Endangered species in the immediate
vicinity of these bridges; however, we are concerned about potential impacts to listed
species downstream in the Toe. Thank you for the opportunity to review and comment
during the early stages of this project. If you have any questions regarding these
comments, please contact me at 336/366-2982.
Cc: Steve Lund, USACOE
R9
® North Carolina Wildlife Resources Commission®
312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
DATE: 6 October 2000
TO: Lisa Warlick, Project Scientist, Barbara H. Mulkey Engineering, Inc.
FROM: Doug Besler, District Fisheries Biologist, North Carolina Wildlife Resources Commission O/y
SUBJECT: Replace Bridge No. 58 on SR 1126 over Henson Creek, Avery County, NC, TIP No. B-3808,
BHME project No. 2000133.00
Henson Creek (N-KY 1-9-47). Avery County, NC was sampled by the North Carolina Wildlife Resources
Commission as part of a backpack electrofishing survey to define the distribution of brook trout Salvelinus
fontincilis in North Carolina. Detailed non-trout records were not kept. Rainbow trout Oncorhynchus mykiss
were the only trout species found in Henson Creek.
Henson Creek supports a fishable population of rainbow trout and also provides excellent reproductive and
nursery habitat. A moratorium on bridge construction should be implemented during the rainbow trout
spawning period. In addition, a stringent sediment control plan and a plan to keep wet concrete from contacting
the water should be proposed.
Thank you for allowing me to comment on this project prior to submittal. I can be reached at 828-659-8684 if I
can provide additional assistance.
State of North Carolina
Department of Environment
and Natural Resources
°
Division of Water Quality -??
NCDENR
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
December 11, 2000
MEMORANDUM
To: William D. Gilmore, P.E., Manager
NCDOT, Project Development & Environmental Analysis
Through: John Dorney, NC Division of Water Quality
From: Cynthia F. Van Der Wiele C VC,?U
Subject: Scoping comments on the proposed replacement of Bridge No. 58 on SR 1126
over Henson Creek in Avery County, T.I.P. Project B-3808.
This memo is in reference to your correspondence dated December 6, 2000, in which you
requested Scoping comments for the above project. The DWQ index number for the stream is 7-
2-20 and is classified as WS-III Trout waters. The Division of Water Quality requests that
NCDOT consider the following environmental issues for the proposed project:
A. DWQ prefers replacement of bridges with bridges, particularly in higher quality waters
(i.e. trout streams, water supply watersheds, high quality and outstanding resource waters).
However, if the new structure is to be a culvert, it should be countersunk to allow
unimpeded fish and other aquatic organisms passage through the crossing. Please be
aware that floodplain culverts are required.
B. The document should provide a detailed and itemized presentation of the proposed impacts
to wetlands and streams with corresponding mapping.
C. There should be a discussion on mitigation plans for unavoidable impacts. If mitigation is
required, it is preferable to present a conceptual (if not finalized) mitigation plan with the
environmental documentation. While the NCDWQ realizes that this may not always be
practical, it should be noted that for projects requiring mitigation, appropriate mitigation
plans will be required prior to issuance of a 401 Water Quality Certification.
D. Since the water is classified as WS-III Trout, the DWQ requests that DOT strictly adhere
to North Carolina regulations entitled, "Design Standards in Sensitive Watersheds" (15A
NCAC 04B .0024) throughout design and construction of the project. This would apply
for any area that drains to streams having WS (Water Supply), ORW (Outstanding
Resource Water), HQW (High Quality Water), SA (Shellfish Water) or Tr (Trout Water)
classifications. Please be aware that trout moratoriums set by the NC Wildlife Resource
Commission may apply, based on their findings.
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Mr. William D. Gilmore memo
12/11/00
Page 2
E. When practical, the DWQ requests that bridges be replaced on the existing location with
road closure. If a detour proves necessary, remediation measures in accordance with the
NCDWQ requirements for General 401 Certification 2726/Nationwide Permit No. 33 -
(Temporary Construction, Access and Dewatering) must be followed.
F. If applicable, DOT should not install the bridge bents in the creek, to the maximum extent
practicable.
G. Wetland and stream impacts should be avoided (including sediment and erosion control
structures/measures) to the maximum extent practical. If this is not possible, alternatives
that minimize wetland impacts should be chosen. Mitigation for unavoidable impacts will
be required by DWQ for impacts to wetlands in excess of one acre and/or to streams in
excess of 150 linear feet.
H. Borrow/waste areas should not be located in wetlands. It is likely that compensatory
mitigation will be required if wetlands are impacted by waste or borrow.
1. If foundation test borings are necessary; it should be noted in the document. Geotechnica)
work is approved under General 401 Certification Number 3027/Nationwide Permit No. 6
for Survey Activities.
In accordance with the NCDWQ Wetlands Rules (15A NCAC 2H.0506(b)(6)1, mitigation
will be required for impacts of greater than 150 linear feet to any single perennial stream.
In the event that mitigation becomes required, the mitigation plan should be designed to
replace appropriate lost functions and values. In accordance with the NCDWQ Wetlands
Rules (15A NCAC 2H.0506 (h)(3)}, the Wetland Restoration Program may be available
for use as stream mitigation.
K. Sediment and erosion control measures should not be placed in wetlands.
L. The 401 Water Quality Certification application will need to specifically address the
proposed methods for stormwater management. More specifically, stormwater should not
be permitted to discharge directly into the creek. Instead, stormwater should be designed
to drain to a properly designed stormwater detention facility/apparatus.
M. While the use of National Wetland Inventory (NWI) maps and soil surveys is a useful
office tool, their inherent inaccuracies require that qualified personnel perform onsite
wetland delineations prior to permit approval.
Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401
Water Quality Certification requires that appropriate measures be instituted to ensure that water
quality standards are met and designated uses are not degraded or lost. If you have any questions
or require additional information, please contact Cynthia Van Der Wiele at [phone].
Pc: Steve Lund, USACE Asheville Field Office
Marella Buncick, USFWS
David Cox, NCWRC
File Copy
Central Files
,,.sun
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
January 28, 2002
Memorandum To: Stacy Harris, P.E., Project Manager
Consultant Engineering
Attention: Clay Willis, Permit Specialist
From: Tim Savidge, Section 7 Strike Team
Subject: Freshwater mussel survey report for proposed Replacement of
Bridge # 58 on SR 1126 over Henson Creek, Avery County TIP
Project # B-3808.
The proposed action calls for the replacement of Bridge # 58 over Henson Creek
in Avery County. This project is in the North Toe River Basin. The federally
Endangered Appalachian elktoe (Alasmidonta raveneliana) is known to occur in the
North Toe River downstream in Yancey and Mitchell Counties. The following report
details the mussel survey efforts undertaken by NCDOT to fulfill its obligations under
Section 7 of the Endangered Species Act.
cc: ':`Charles,:Bruton, Ph.D., Assistant Branch Manager
Brian Yamamoto, Unit Head Consultant Engineering
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.DOH.DOT.STATE.NC.US
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC
Henson Creek flows into the North Toe River approximately (@) 2 miles
downstream of the project crossing. The federally Endangered Appalachian elktoe
(Alasmidonta ravendiana) is known to occur in the North Toe River in Yancey and
Mitchell Counties approximately (@) 20 river miles downstream of the confluence with
Henson Creek. The documented range of this species in the North Toe River is from
below Spruce Pine into the Nolichucky River in Tennessee. Distribution in the river is
patchy, particularly in the upper reaches. This species has not been recorded in Avery
County, however there has been limited survey work for this species in Avery County.
Based upon habitat assessment, it is likely that at least historically the Appalachian elktoe
occurred in the North Toe River up into Avery County.
The project site was visited on November 07, 2001 by NCDOT Environmental
Specialist Tim Savidge. Mussel surveys were conducted by wading and using a
batiscope from (@) 200 feet downstream to 100 feet upstream of project crossing.
Survey time was 1 hour. No evidence of freshwater mussels was noted in the stream
during the site visit. Portions of the North Toe River in Avery County have been
surveyed in the past for other TIP projects. These survey results are summarized below.
On November 15, 2000 by NCDOT Environmental Specialists Tim Savidge and
Mike Wood, and NCWRC biologist John Cecil surveyed the North Toe River at SR
1107. Survey methodology involved wading using batiscopes. Water clarity and depth
were optimal for this time of surveying. A total of 6 man-hours were spent in the river
from a point approximately 200 yards downstream of the existing crossing to
approximately 300 yards upstream. No mussel fauna was observed during the site visit.
On February 08, 2000 NCDOT Environmental Specialists Tim Savidge, Jeff
Burleson and Logan Williams along with former NCDOT Division 11 Environmental
Officer Pete Colwell and US Fish and Wildlife Service (FWS) biologist John Fridell
surveyed the North Toe River at the US 19E crossing in Plumtree (B-2509). Survey
methodology included wading using batiscopes. Water levels and clarity were sufficient
to utilize this methodology. A total of 9.5 man-hours were spent in the vicinity of the
project from 200 yards below the proposed temporary bridge site to several hundred
yards upstream of the existing bridge. Additionally a total of 4 man-hours of survey time
were spent in the vicinity of the US 19E crossing (just below intersection with NC 194)
approximately 5 miles downstream of Plumtree. No mussel fauna was observed during
these surveys.
On September 29, 1998 Tim Savidge surveyed the 19E crossing of the North Toe
River just south of the 19E/SR 1189 intersection. Survey methodology involved mask
and snorkel and was concentrated in the vicinity of the bridge. No mussel fauna was
found in 1 man-hour of survey time.
Biological Conclusion:
No Effect
The survey results indicate that mussels are not present in the immediate project
vicinity. Suitable habitat for this species does occur throughout the North Toe River
downstream of the project crossing, however, no mussels have been found in the Avery
County portion of the river. It is possible that the Appalachian elktoe occurs at some
location in Avery County. It is unlikely that project construction will adversely impact
the known population of Appalachian elktoe downstream of Spruce Pine. Special care
should be given to ensure that downstream impacts (sedimentation, introduction of
toxicants etc.) do not occur as a result of project construction. Based on the survey
results it can be concluded that project construction will not impact the
Appalachian elktoe.
B-3808 Moratorium

Subject: B-3808 Moratorium
From: "Deanna R. Riffey" <driffeyC dot. state. nc.us>
Date: Mon, 15 Nov 2004 15:55:29 -0500
To: [e-mail]
Brian,
I just wanted to make note that DOT understands that the LET date
is 2/15/05 for B-3808 and that there is a moratorium for trout.
The moratorium will still be in effect through startup of
project, however our contract section is aware and frequently
works with this type of constraint.
If you have further questions just give me a call 715-4109.
Deanna Riffey
1 of 1 11/18/2004 10:35 AM