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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
August 18, 2008
U. S. AI-~ny Corps of Engineers
Regulatory Field Office
6508 Falls of Neuse Road
Raleigh, NC 27615
ATTN: Mr. Monte Matthews
NCDOT Coordinator
LYNDO TIPPETT
SECRETARY
081270
SUBJECT: Nationwide 13, 23 and 33 Permit Application for the proposed
replacement of Bridge No. 456 over Little Phoenix Creek on SR
1573. Federal Project No. BRSTP-1573(2), WBS Element
33262.1.1, T.I.P. No. B-3806, Ashe County.
Debit Work Order 33262.1.1 $570
Dear Mr. Matthews:
Please find enclosed aPre-construction notification, Rapanos forms, half-size design
plans, and permit drawings for the above referenced project. A Categorical Exclusion
was completed for this project in May 2007 and distributed shortly thereafter. Additional
copies are available upon request. The North Carolina Department of Transportation
(NCDOT) plans to replace Bridge No. 456 over Little Phoenix Creek with a new 48-foot
wide, by 10-foot high bottomless culvert approximately 130-foot long on the existing
alignment. Traffic will use a 120-foot long temporary bridge to the north of the existing
structure during construction. Project impacts consist of 179 feet of permanent stream
impacts, <0.01 acre of temporary stream impacts, and <0.01 acre of permanent wetland
impacts.
IMPACTS TO WATERS OF THE UNITED STATES
General Description: 'The project is located in the New River basin (HUG 05050001)
and will impact Little Phoenix Creek and anon-riparian wetland. The wetland is
classified as a Palustrine, scrub-shrub, broad leafed deciduous, saturated, according to the
Cowardin Wetland Classification System. Little Phoenix Creek (Index # 10-2-23) is
assigned a best usage classification of C Tr+, by the N.C. Division of Water Quality
(DWQ). Little Phoenix Creek is not designated as a North Carolina Natural or Scenic
River, or as a National Wild and Scenic River, nor is it listed on the 2006 Final 303(d)
list. No designated Outstanding Resource Waters (ORW), High Quality Waters (HQW),
MAILING ADDRESS: TELEPHOxE: 919-71$-1334
NC DEPARTMENT OF TRANSPORTATION FAX: 919-7I$-$$Ol
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
~ S98 MAIL SERVICE CENTER
RALEIGH NC 27699-1$48 WEBSITEI WWW.NCDOT.ORG
LOCATION:
2728 CAPITAL BLVD
SUITE 240
RALEIGH, NC 27604
r
Water Supply I (WS-I), or Water Supply II (WS-II) waters occur within 1.0 mile of the
project study area. The project does not drain to a 303(d) stream within one mile of the
project limits. Little Phoenix Creek is classified as a trout stream by the NC Wildlife
Resources Commission (WRC).
Permanent Impacts: Permanent stream impacts consist of 119 feet to Little Phoenix
Creek from placement of riprap along the banks that will be spanned by a bottomless
culvert (See detail on permit drawing Sheet 13 of 15) and 60 feet of impacts from the
placement of Class B riprap on the banks of the channel downstream of the culvert. The
bottomless culvert will completely span the channel and no riprap will be placed in the
bottom of the channel of Little Phoenix Creek. Construction of the roadway will result in
<0.01 acre of impacts from mechanized clearing to anon-riparian wetland.
Temporary Impacts: Temporary impacts to surface waters consist of <0.01 acre to allow
for culvert installation.
Utility Impacts: No impacts will occur due to utility relocations.
Restoration Plan: All materials used as temporary fill in the construction of the detour.
structure will be removed and restored to the original contours.
PROJECT SCHEDULE
The project is scheduled to let February 17, 2009 and has a review date of December 30,
2008.
BRIDGE DEMOLITION
Bridge No. 456 is a single span structure that consists of a timber deck with an asphalt
wearing surface on I-beams. The substructure consists of reinforced concrete abutments.
The maximum potential fill from bridge demolition is 7 cubic yards. Best Management
Practice's for Bridge Demolition and Removal will be followed in addition to Best
Management Practices for the Protection of Surface Waters.
FEDERALLY-PROTECTED SPECIES
Plants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered, and Proposed Threatened are protected under provisions of Section 7 and
Section 9 of the Endangered Species Act of 1973, as amended. As of January 31, 2008
the Fish and Wildlife Service (FWS) lists seven federally protected species for Ashe
County. The bog turtle is listed as threatened due to similarity of appearance and therefore
does not require a biological conclusion. A biological conclusion of "No Effect" has
been reached for all other federally protected species in the attached CE. All biological
conclusions in the CE remain valid. Surveys for the Virginia spiraea were updated on
June 27, 2007 and no specimens were found.
Page 2
n
Federally Protected Species of Ache C'.nunty
Scientific Name Common Name Federal
Status Biological
Conclusion Habitat
Present
Clemmys muhlenbergii Southern Bog Turtle T (S/A) NA No
Liatris helleri Heller's Blazing Star T No Effect No
Hedyotis purpurea var.
montana Roan Mountain Bluet E No Effect No
Geum radiatum Spreading Avens E No Effect No
Helonias bullata Swamp Pink T No Effect No
Spiraea virginiana Virginia Spiraea T No Effect Yes
Gymnoderma lineare Rock Gnome Lichen E No Effect No
AVOIDANCE AND MINIMIZATION
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 and include:
• The new culvert will completely span the channel.
• NCDOT will adhere to Design Standards in Sensitive Watersheds.
• In stream construction will be prohibited from October 15 to April 15 to avoid
impacts on trout reproduction.
• The temporary bridge and roadway approaches for the onsite detour will be removed
upon completion of the permanent bridge and roadway.
COMPENSATORY MITIGATION
No mitigation is proposed because permanent impacts are minimal. All 179 feet of
permanent stream impacts are due to bank stabilization. 'There will be 119 linear feet of
impacts from bank stabilization along the banks of Little Phoenix Creek under the
bottomless culvert. There will be only 60 linear feet of riprap on the banks of Little
Phoenix Creek downstream of the culvert. In addition, there will be <0.01 acre of
impacts to wetlands due to mechanized clearing.
REGULATORY APPROVALS
Section 404 Permit: This project has been processed by the Federal Highway
Administration as a "Categorical Exclusion." The NCDOT requests that the bank
stabilization, roadway fill and temporary activities associated with the construction of the
bottomless culvert be authorized by Nationwide Permits 13, 23 and 33.
Section 401 Permit: NCDOT is hereby applying fora 401 Water Quality Certification
from DWQ. We anticipate 401 General Certification number 3689, 3701, and 3688 will
apply to this project. This project will impact greater then 40 linear feet of stream,
Page 3
therefore requiring written notification. All general conditions of the Water Quality
Certifications will be met. In accordance with 15A NCAC 2H, Section .0500(a), we are
providing five copies of this application to the DWQ for their review and approval.
We anticipate that comments from WRC will be requested prior to authorization by the
Army Corps of Engineers. By copy of this letter and attachment, NCDOT hereby
requests WRC review and that WRC forward their comments to the Corps of Engineers
and NCDOT within 30 calendar days of receipt of this application.
Thank you for your assistance with this project. If you have any questions or need
additional information, please contact Brett Feulner at bmfeulner@dot.state.nc.us or
(919) 715-1488.
A copy of this permit application will be posted on the DOT website at:
http://www.ncdot.or doh/preconstruct/pe/neu/permit.html.
Sincerely
~~ -
Gregory J. Thorpe, Ph.D. Environmental Management Director,
Project Development and Environmental Analysis Branch
cc:w/attachment
Mr. Brian Wrenn, NCDWQ (5 Copies) Ms. Marla Chambers, NCWRC
Ms. Marella Buncick, USFWS
w/o attachment
Dr. David Chang, P.E., Hydraulics
Mr. Scott McLendon, USACE, Wilmington
Mr. Greg Perfetti, P.E., Structure Design
Mr. Heath Slaughter, DEO, Div. l l
Mr. Art McMillan, P.E., Highway Design
Mr. Majed Alghandour, P.E., Programming
Mr. Tracy Walter. PDEA
Mr. Mark Staley, Roadside Environmental
Mr. Michael A. Pettyjohn, P.E. Div 11 Engineer
Mr. Jay Bennett, P.E., Roadway Design
Mr. Victor Barbour, P.E., Project Services
and TIP
Page 4
Office Use Only: Form Version March OS
20081270
USACE Action ID No. DWQ No.
(lt any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. 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 ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 13, 23 & 33
3. If this notif cation is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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: Gregory J. Thorne, Ph.D., Environmental Management Director
Mailing Address: 1598 Mail Service Center
Raleigh, NC 27699
Telephone Number:~919) 733-3141 Fax Number: (919) 733-9794
E-mail Address:_Qthorpe(a~dotatate.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 1 of 8
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 maybe 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 Bride No. 456 over Little Phoenix Creek
Z. T.I.P. Project Number or State Project Number (NCDOT Only): B-3806
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Ashe Nearest Town: Jefferson
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): The site is located at the
crossing of SR 1573 over Little Phoenix Creek
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.4702°N, 81.4392°W
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Little Phoenix Creek
8. River Basin: Broad River
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn://h2o.enr.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: Forestland and farmland
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
Standard DOT construction equipment.
11. Explain the purpose of the proposed work: The purpose is to replace the old bridge that is
functionally obsolete and structurally deficient
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. NA
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.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan.. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a 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.
Page 3 of 8
1. Provide a written description of the proposed impacts: The project impacts are as
follows, 179 feet of permanent stream imQacts <0 O1 acre of temporary stream impacts
0.01 acre of wetland impact
2. Individually list wetland impacts. Types of 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 fl~~ding_
Wetland Im act
P -
Type of Wetland o
Located within
Distance to
Area of
Site Number
Type of Impact
(e.g., forested, marsh, 100-yeaz Nearest Impact
(indicate on map)
herbaceous, bog, etc.) Flood lain
p Stream
(acres)
(yes/no) (linear feet)
1 Permanent/Fill Marsh No SOft <0.01
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acrea~e_ mi~lt;nly lenoth x W;~lrh r1,Pn .~;..;,~A t,~, ~z can
Stream Impact r- ----o---- - -.__._-~ __..._....
Average ....., .,, T.,,~
Impact ,,,,.
Area of
Number Stream Name Type of Impact Perennial or
Intermittent? Stream Width Len th
g Im act
p
mdicate on ma
( P) Before Impact (linear feet) (acres)
Site 1 Little Phoenix
Creek permanent Perennial 12 179 0.06
Site 1 Little Phoenix
Creek Temporary Perennial 12 17 <0.01
Total Stream Impact (by length and acreage) 196 0.06
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dred 'ng, floodin drainage bulkheads etc
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the r,r~;P~r•
Stream Impact (acres): 0.06
Wetland Impact (acres): <0.01
Page 4 of 8
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.07
Total Stream Impact (linear feet): 179 Permanent / 17 Temporary
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.):
Current land use in the vicinity of the pond:
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 maybe 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. Best Management Practices for
the Protection of Surface Waters, BMP's for Bridge Demolition and Removal design standards
for sensitive watersheds, a trout moratorium will be observed between October 15 to April 15
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 January 15, 2002, mitigation will be required when
Page 5 of 8
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.
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 NCEEP 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/strm gide.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.
Mitigation is not proposed
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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 ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
Page 6 of 8
2. 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 (919) 733-5083 to review current thresholds for environmental documentation.
Yes ® No ^
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", 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
1 3 (2 for Catawba)
2 1.5
Total
~` Gone 1 extends out 3U teet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
Page 7 of 8
demonstrating total proposed impervious level. Approximately the same as current conditions
no water will directly discharge into Little Phoenix Creek.
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.
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 anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The project is the replacement of an existing structure.
XV. 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).
f.
s -~~-~a
Applicant/~gent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8 ~
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 8/08/08
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Raleigh, NC
C. PROJECT LOCATION AND BACKGROUND INFORMATION: This form covers Little Buffalo Creek, its UTs and Wetland 100
State:North Carolina County/parish borough: Ashe City: Jefferson
Center coordinates of site (lat/long in degree decimal format): Lat. 36.4702° , Long. 81.4392° ~.
Universal Transverse Mercator:
Name of nearest waterbody: Little Phoenix
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: South Fork New River
Name of watershed or Hydrologic Unit Code (HUC): 05050001
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
[~ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
® Field Determination. Date(s): Wetlands were delineated in June and September 2005
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There ~f~k.L "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There ll'Iclc,~(§~ "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
s. Indicate presence of waters of U.S. in review area (check all that apply): t
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: linear feet: 1163 width (ft) and/or acres.
Wetlands: 0.01 acres.
c. Limits (boundaries) of jurisdiction based on: Pick List
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
~ Boxes checked below shall be supported by completing the appropriate sections in Section III below.
Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT I&NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: PicjC f.ls~
Drainage area: rj'j~i.ia
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through Pick )C;Isj tributaries before entering TNW.
Project waters are Fick L1s river miles from TNW.
Project waters are Pick Lis river miles from RPW.
Project waters are Pick Lip aerial (straight) miles from TNW.
Project waters are Fick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known:
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that applvl:
Tributary is: ^ Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
^ Silts ^ Sands ^ Concrete
^ Cobbles ^ Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of tvn/riffle/pool complexes. Explain:
Tributary geometry: Pick Lisp
Tributary gradient (approximate average slope):
(c) Flow:
Tributary provides for. Pick List
Estimate average number of flow events in review area/year: Piclc'LCvt
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick,List. Characteristics:
Subsurface flow: ~fck Lid. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
^ Bed and banks
^ OHWM6 (check all indicators that apply):
^ clear, natural line impressed on the bank ^
^ changes in the character of soil ^
^ shelving ^
^ vegetation matted down, bent, or absent ^
^ leaf litter disturbed or washed away ^
^ sediment deposition ^
^ water staining ^
^ other (list):
^ Discontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: ^ Mean High Water Mark indicated by:
^ oil or scum line along shore objects ^ survey to available datum;
^ fine shell or debris deposits (foreshore) ^ physical markings;
^ physical markings/characteristics ^ vegetation lines/changes in vegetation types.
^ tidal gauges
^ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
^ Riparian corridor. Characteristics (type, average width):
^ Wetland fringe. Characteristics: .
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pack List. Explain:
Surface flow is: Pick~Lia
Characteristics:
Subsurface flow: Plck List. Explain findings:
^ Dye (or other) test performed:
(c) Wetland Adiacency Determination with Non-TNW:
^ Directly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain:
^ Ecological connection. Explain:
^ Separated by berm/tamer. Explain:
(d) Proximity (Relationshipl to TNW
Project wetlands are Pick It,ist river miles from TNW.
Project waters are ~ick,L~sf aerial (straight) miles from TNW.
Flow is from: Pick ~,Isf.
Estimate approximate location of wetland as within the }'IciCJLis floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface, water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Plck List
Approximately ( )acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directlv abuts? (Y/Nl Size (in acres) Directlv abuts? (YMj Size (in acresl
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: .
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSNVETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
[] T'NWs: linear feet width (fr), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of T'NWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: LittlePhoenix Creek flows into the North Fork New River, a TNW.
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: UTD flows into Little Buffalo Creek, a blue line stream on the USGS .
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Q Tributary waters: linear feet width (ft).
Q Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: .
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands,.have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: O.Olacres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters s
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
Q which are or could be used by interstate or foreign travelers for recreational or other purposes.
- from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
' which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
[j Other factors. Explain:
Identify water body and summarize rationale supporting determination:
BSee Footnote # 3.
9 To complete the analysis refer to the key in Sec[ion III. D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Fo/lowing Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
^ Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
~] Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
[~ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
^ Prior to the Jan 200 ] Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
^ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
^ Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicanbconsultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
^ Office concurs with data sheets/delineation report.
^ Office does not concur with data sheetsldelineation report.
[( Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
^ USGS NHD data.
^ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:l"=1000'- Jefferson.
^ USDA Natural Resources Conservation Service Soil Survey. Citation: .
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
] 00-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ^ Aerial (Name & Date):
or ^ Other (Name & Date):
Previous determination(s). File no. and date of response letter:
[] Applicable/supporting case law:
^ Applicable/supporting scientific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
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WETLAND/STREAM IMPACTS
VICINITY MAP
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
ASHE COUNTY
PROJECT: 33262.1.1 c6-3806)
BRIDGE N0. 456 OVER
LITTLE PHOENIX CREEK
ON SR 1573 POLO NC 16)
SHEET ~ OF i ~; 6/18/08
PARCEL ~~®~~~T JL ® VV N~I~~
NAMES AND ADDRESSES
N0. NAMES ADDRESSES
3 HENRY T CLAY JR ADDRESSES
4 JUDSON EZEKIAL BLEvINS ADDRESSES
ET, AL
5 DAVID H BROUCKAERT ADDRESSES
ET, AL
NCD®T
DIVISION OF HIGHWAYS
ASHE COUNTY
PROJECT: 33262.1.1 (B-3806)
BRIDGE N0.456 OvER
LITTLE PHOENIX CREEK
ON SR 1573 (OLD NC 16)
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Ashe County
Bridge No. 456 on SR 1573 (Old Highway 16)
Over Little Phoenix Creek
Federal-Aid Project No. BRSTP-1573(2)
W.B.S. No. 33262.1.1
T.I.P. Project No. B-3806
CATEGORICAL EXCLUSION
UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
APPROVED:
,~- '
DATE ~~A __egory J. Thorp , Ph. D., nvironm Management Director
Project Development and Environmental
Analysis Branch, NCDOT
~~
D TE ~, ohn F. Sullivan, III, P. E.
YDivision Administrator, FHWA
Ashe County
Bridge No. 456 on SR 1573 (Old Highway 16)
Over Little Phoenix Creek
Federal-Aid Project No. BRSTP-1573(2)
W.B.S. No. 33262.1.1
T.I.P. Project No. B-3806
CATEGORICAL EXCLUSION
May 2007
Document Prepared by:
Wang Engineering Company, Inc.
2~ ` t,~,~;~A
Greg S. urvis, P. E.
Project Manager
Wang, Ph.D., P. E.
`~~N~~nu~Ni~~i
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s I i l 07
DATE
~ ~b
DATE
U F r the North Carolina Department of Transportation
S/~ %d7
Tracy alter DATE
Project Manager
Bridge Project Development Unit
Bryan I}. uchar, P.E. DATE
Project Engineer
Bridge Project Development Unit
r'I
PROJECT COMMITMENTS
Ashe County
Bridge No. 456 on SR 1573 (Old Highway 16)
Over Little Phoenix Creek
Federal-Aid Project No. BRSTP-1573(2)
W.B.S. No. 33262.1.1
T.I.P. Project No. B-3806
Roadside Environmental Unit, Division Eleven Resident Engineer -Sensitive Watersheds
Little Phoenix Creek is classified, as Class C (Tr+) Waters and will be subject to the Design Standards in
Sensitive Watersheds.
Division Eleven Resident Engineer -Trout Issues
Little Phoenix Creek is populated with Brook Trout. An in-water work moratorium is required from
October 15 to April 15.
Division Eleven Resident Engineer
Dr. Hank Clay Jr.'s office at (336) 982-2158 needs to be contacted prior to beginning construction.
Categorical Exclusion
May 2007
Page l of 1
Ashe County
Bridge No. 456 on SR 1573 (Old Highway 16)
Over Little Phoeniz Creek
Federal-Aid Project No. BRSTP-1573(2)
W.B.S. No. 33262.1.1
T.I.P. Project No. B-3806
INTRODUCTION: The replacement of Bridge No. 456 is included in the latest approved North
Carolina Department of Transportation (NCDOT) Transportation Improvement Program (TIP) and is
eligible for the Federal-Aid Bridge Replacement Program. The location is shown in Figure 1. No
substantial environmental impacts are anticipated. The project is classified as a Federal "Categorical
Exclusion."
I. PURPOSE AND NEED
Bridge Maintenance Unit records indicated the bridge has a sufficiency rating of 4.0 out of a
possible 100, a structural appraisal of 2 out of a possible 9, and a deck geometry appraisal of 2
out of a possible 9. Therefore, based on Federal Highway Administration (FHWA) standards, the
bridge is considered functionally obsolete and structurally deficient.
Bridge No. 456 is composed of timber, concrete and steel. Timber typically does not last beyond
40 to 50 years due to the natural deterioration rates of wood. Rehabilitation of a timber structure
is generally practical only when a few members are damaged or prematurely deteriorated. The
condition of Bridge No. 456, built in 1962, has deteriorated to the point that makes rehabilitation
impractical. Replacement of the bridge will result in safer traffic operations.
II. EXISTING CONDITIONS
The project is located just east of the intersection with SR 1501 (see Figure 1). Land use in the
project area is predominantly woodlands, light residential and farmland. Undeveloped woodlands
are adjacent on the north side of the study area. There is farmland to the northeast of the existing
bridge. Blevin's Store is located in the southeast quadrant with a well casing located in the
parking lot. Dr. Hank Clay Jr. Family Physicians office is located immediately to the northwest
of the project.
SR 1573 is classified as a rural minor collector in the Statewide Functional Classification System
and it is not a National Highway System Route. This route is not a designated bicycle route and
there is no indication that an unusual number of bicyclists use the roadway.
In the vicinity of the bridge, SR 1573 has a variable pavement width of 17 - 20 foot with four-
foot grass shoulders (see Figures 3). The roadway grade has a sag vertical curve at the existing
bridge. The existing bridge on SR 1573 is on a tangent. There is an approximate 3,100-foot
radius curve located approximately 54 feet northeast of the existing structure and an approximate
5,000-foot radius curve located approximately 18 feet southwest of the existing structure. The
roadway is situated approximately 13 feet above the creek bed.
Bridge No. 456 is a single-span structure that consists of a timber deck with asphalt wearing
surface on I-beams. The substructure consists of reinforced concrete abutments. The existing
bridge (see Figure 3) was constructed in 1962. The overall length of the structure is 41 feet. The
clear roadway width is 18-feet 10-inches. The posted weight limit on this bridge is 15 tons for
single vehicles and 19 tons for TTST's.
There are no utilities attached to the existing structure. In addition, there are aerial power lines on
the north and south sides of the existing bridge. There is fiber optic cable on the north side of the
existing bridge. Utility impacts are anticipated to be low.
The current traffic volume of 2,000 vehicles per day (VPD) is expected to increase to 3,000 VPD
by the year 2030. The projected volume includes one percent truck-tractor semi-trailer (TTST)
and six percent dual-tired vehicles (DT). The speed limit in the vicinity of the bridge is not posted
and therefore a statutory 55 miles per hour (mph) is assumed. There is a 35 mph advisory sign
for the horizontal curve to the southwest. SR 1501, which intersects SR 1573 to the southwest, is
posted at 45 mph. Three school buses cross this bridge daily four times each for a total of 12
trips.
There were three accidents reported during a recent three-year period. Two of the crashes
involved vehicles failing to yield to traffic approaching from the bridge while turning left from
SR 1501. The proximity of the existing bridge to the intersection with SR 1501 impedes sight
distance and this may have contributed to the accidents.
III. ALTERNATIVES
A. Project Description
The replacement structure will consist of an approximate 48-foot wide by 10-foot high bottomless
culvert approximately 130-foot long. The culvert size is based on preliminary design information
and is set by hydraulic requirements. The opening size of the proposed structure may increase or
decrease as necessary to accommodate peak flows as determined from a more detailed hydraulic
analysis to be performed during the final design phase of the project. This structure will be of
sufficient length to provide two 11-foot lanes with 11-foot shoulders. The roadway grade of the
new structure will be approximately the same as the existing grade.
The existing roadway will be widened to a 22-foot pavement width to provide two 11-foot lanes.
Eight-foot shoulders will be provided on each side in accordance with the, current NCDOT
Design Policy. This roadway will be designed as a rural minor collector. The proposed design
speed is 60 mph.
B. Build Alternatives
Two (2) build alternatives studied for replacing the existing bridge are described below.
Alternate A replaces the bridge on new alignment north of the existing bridge. During
construction, traffic will be maintained on the existing bridge. The length of project will be
approximately 1,088 feet. The replacement structure will consist of an approximate 48-foot wide
by 10-foot high bottomless culvert approximately 138-foot long. This alternate would require the
removal of a bluff adjacent to SR 1573 and SR 1501 that would involve a substantial amount of
excavation.
Alternate B (Preferred) replaces the bridge on existing alignment. During construction, traffic
will be maintained by an on-site temporary detour structure located north of the existing bridge.
The length of project will be approximately 825 feet. The replacement structure will consist of an
approximate 48-foot wide by 10-foot high bottomless culvert approximately 130-foot long. The
temporary detour structure will be an approximate 120-foot bridge. The elimination of the
existing bridge rail will help improve the sight distance from the intersection with SR 1501.
2
C. Alternatives Eliminated From Further Study
The "Do-Nothing" Alternative will eventually necessitate removal of the bridge and closing of
the road. This is not desirable due to the traffic service provided by SR 1573.
An alternative that replaces the bridge in the existing location with an offsite detour is not feasible
because the offsite detour is not satisfactory. The offsite detour for this project would include
SR 1574 (Shatley Springs Road), NC 16 and SR 1580 (Wade Bare Road) approximately 9.51
miles in length. The detour for the average road user would result in 20 minutes additional travel
time (4.91 miles additional travel). Up to a nine-month duration of construction is expected on
this project. Based on the NCDOT Guidelines for Evaluation of Offsite Detours for Bridge.
Replacement Projects, the criteria above indicate that a delay of 20 minutes over nine months is
unacceptable. In addition, local residents have also advised that the available detour is not well
suited for adverse weather travel. NCDOT Division 11 has also indicated that an offsite detour is
unacceptable. While project costs and environmental impacts will be higher, maintenance of
traffic onsite during construction is mandatory.
Staged Construction is not feasible for this bridge because of the poor condition of the structure
and the substructure configuration will not support removal of a portion and maintenance of
traffic on the remaining portion.
"Rehabilitation" of the existing bridge is not practical due to being composed mainly of timber
and the natural deterioration of timber.
D. Preferred Alternative
Alternate B, replacing the existing bridge at the existing location, while maintaining traffic by an
on-site temporary detour is the preferred alternate. Alternate B was selected because of the
comparatively lower construction cost, lower environmental impacts, and lesser construction time
associated with it.
The Division Engineer concurs with Alternate B as the preferred alternative.
Alternate B is estimated to cost $1,645,000. A breakdown of the estimated cost is shown in Item
V (Table 1).
1V. DESIGN EXCEPTIONS ANTICIPATED
A design exception will be required for the. horizontal alignment for Alternate A. The radii for
the horizontal curves for Alternate A meet a design speed of 35 mph. A design exception would
also be required for the vertical alignment for Alternate A because it meets a design speed of 40
mph.
In order to match the existing vertical alignment for Alternate B it will require a design exception
for the vertical alignment, which meets a design speed of 35 mph.
V. ESTIMATED COSTS
The estimated costs, based on current 2007 prices, are as follows:
Table 1. -Estimated Costs
~
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jj~~
44
Structure Removal (existing) $
1
1,
4
00 $ 11,400
Culvert (proposed) 760,100 716,000
Detour Structure and Approaches 0 198,000
Roadway Approaches 780,100 177,200
Miscellaneous and Mobilization 467,400 240,400
Engineering and Contingencies 331,000 207,000
Total Construction Costs 2,350,000 1,550,000
ROW/Cossst. Easements: 96,000 66,000
Utilities 29,000 29,000
TOT~I, , r'~,,' `2;475,000 ;#,~ r ".~ ~
~ ,."
VI. NATURAL RESOURCES
A. Physical Characteristics
1. Water Resources
The project study area is located within sub-basin OS-07-02 of the New River Basin (NCDWQ
2000). Within the project study area there are two jurisdictional streams: Little Phoenix Creek,
and an unnamed tributary (iJT) to Little Phoenix Creek. This area is part of USGS Hydrologic
Unit 05050001 (Seaber et al. 1987) of the Ohio Region. Bridge No. 456 spans Little Phoenix
Creek. The portion of Little Phoenix Creek that lies within the project study area has been
assigned Stream Index Number 10-2-23 by North Carolina Division of Water Quality (NCDWQ)
(NCDWQ 2004a). Little Phoenix Creek is designated as a cold water stream (USAGE et al.
2003).
Classifications are assigned to waters of the State of North Carolina based on the existing or
contemplated best usage of various streams or segments of streams in the basin. A Best Usage
Classification of C has been assigned to Little Phoenix Creek along with the supplemental
classification of Trout Waters (Tr) and the special designation "+". Class C waters are suitable
for aquatic life propagation and protection, agriculture, and secondary recreation. Secondary
recreation includes wading, boating, and other uses not involving human body contact with
waters on an organized or frequent basis. The supplemental classification of Trout Waters (Tr)
indicates waters that are suitable for trout propagation and maintenance of stocked trout. The
special designation, "+", indicates that Little Phoenix Creek is subject to a special management
strategy specified by NCDWQ (15A NCAC 2B .0225), the Outstanding Resource Waters (ORW)
rule, in order to protect downstream waters designated as ORW. UT to Little Phoenix Creek has
not been assigned a classification; therefore, it receives the same classification, C, Tr, and "+"as
the stream it flows into. No High Quality Waters (HQW), Water Supply I (WS-I), Water Supply
II (WS-In, or watershed Critical Areas (CA) occur within 1.0 mile of the project study area
(NCDWQ 2000). ORW occur approximately 13.0 miles downstream of Little Phoenix Creek.
4
Little Phoenix Creek is not listed on any section of the N.C. 2004 draft Section 303(d) list
(NCDWQ 2004b).
2. Biotic Resources
Plant communities within the project study area were delineated to determine the approximate
azea and location of each (Figure 2). A summary of the plant community azeas within alternative
cut-fill limits is presented in Table 2.
Table 2. Plant
within Proposed Cut-Fill Limits
Disturbed/Maintained
Land 1.4 0.8 0.5
Acidic Cove Forest 1.8 0.0 0.0
Totals 3.2 0.8 0.5
B. Jurisdictional Topics
1. Surface Waters and Wetlands
Within the project study azea, there aze two jurisdictional streams (Little Phoenix Creek and UT
to Little Phoenix Creek) and one small, low-quality vegetated wetland. Surface waters within the
project study azea are subject to jurisdictional consideration under Section 404 of the Clean Water
Act. Potential impacts to waters of the United States resulting from replacement of this bridge
aze limited to the fill associated with bridge demolition. The maximum potential fill that may be
deposited into Little Phoenix Creek during bridge demolition is approximately 7 cubic yards.
The replacement of Bridge No. 456 can be classified as Case 2, which allows no work at all in the
water during moratorium periods associated with fish migration, spawning, and larval recruitment
into nursery areas. Little Phoenix Creek receives a NCDWQ supplemental classification of Trout
Water (Tr+) (NCDWQ 2004a); therefore, NCDOT should follow all stream crossing guidelines
for trout waters, including an in-water work moratorium from October 15 to April 15. There may
be additional restrictions beyond those outlined in Best Management Practices for Protection of
Surface Waters.
2. Permits
USACE Nationwide Permit 23 is expected to be used to authorize proposed impacts. Potential
impacts to waters of the United States resulting from replacement of this bridge are limited to the
potential fill associated with bridge demolition. The maximum potential fill that may be
deposited into Little Phoenix Creek during bridge demolition is approximately 7 cubic yazds.
3. Federally Protected Species
Species with the federal classification of Endangered (E), Threatened (T), Threatened due to
Similarity of Appearance (T [S/A]), or officially Proposed (P) for such listing are protected under
the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The term
"Endangered Species" is defined as "any species which is in danger of extinction throughout all
or a significant portion of its range," and the term "Threatened Species" is defined as "any
species which is likely to become an Endangered species within the foreseeable future throughout
all or a significant portion of its range" (16 U.S.C. 1532). The term "Threatened due to Similarity
of Appearance" is defined as a species which is not "Endangered" or "Threatened," but "closely
resembles an Endangered or Threatened species" (16 U.S.C. 1532).
USFWS lists seven federally protected species for Ashe County (USFW$ January 29, 2007, see
Table 3).
Table 3. Federally Protected Species Listed for Ashe County (USFWS January 29, 2007)
__
^~ .:.., ..
Glyptemys (Clemmys)
Bog turtle
' T (S/A)
muhlenber
i
Heller's blazing
Liatris helleri T
star
Roan Mountain Hedyotis purpurea var.
bluet
montana E
Rock ome lichen G mnoderma lineare E
S reading avens Geum radiatum E
Swam ink Helonias bullata T
Vir ' 'a s iraea S iraea vir iniana T
*Federal Status: E--Endangered; a taxon "in danger of extinction throughout all or a significant
portion of its range;" T--Threatened; a taxon "likely to become endangered within the foreseeable
future throughout all or a significant portion of its range;" T (S/A) -Threatened, due to similarity
of appearance.
HEELERS BLAZING STAR BIOLOGICAL CONCLUSION: NO EFFECT
Within the higher elevations of the project study area there are no granitic outcrops, ledges, or
cliff faces that receive full sun and in turn would provide suitable habitat for Heller's blazing star.
NCNHP records (reviewed June 2005) document no occurrence of Heller's blazing star within 2.0
miles of the project study area. Based on NCNHP records, field observations, and habitat
chazacteristics, this project will have No Effect on Heller's blazing star.
ROAN MOUNTAIN BLUET BIOLOGICAL CONCLUSION: NO EFFECT
The majority of the project study azea is disturbed/maintained and the wooded portion does not
contain exposed rocky outcrops and is also below 4200 feet in elevation; therefore, the project
study azea does not contain suitable habitat for Roan Mountain bluet. NCNHP records (reviewed
June 2005) document no occurrence of Roan Mountain bluet within 2.0 miles of the project study
area. Based on NCNHP records, field observations, and habitat characteristics, this project will
have No Effect on Roan Mountain bluet.
ROCK GNOME LICHEN BIOLOGICAL CONCLUSION: NO EFFECT
The project study area does not contain any suitable habitat in the form of high elevation rock
outcrops containing seepages. NCNHP records (reviewed June 2005) document no occurrence of
rock gnome lichen within 2.0 miles of the project study area. Based on NCNHP records, field
observations, and habitat characteristics, this project will have No Effect on rock gnome lichen.
SPREADING AVENS BIOLOGICAL CONCLUSION: NO EFFECT
The project study area does not contain any suitable habitat in the form of high elevation, full
sunlight rock outcrops or heath balds. NCNHP records (reviewed June 2005) document no
occurrence of spreading avers within 2.0 miles of the project study area. Based on NCNHP
records, field observations, and habitat characteristics, this project will have No Effect on
spreading avers.
SWAMP PINK BIOLOGICAL CONCLUSION: NO EFFECT
There are no mountain swamps or bogs within the project study area; therefore, there is no
suitable habitat for swamp pink. NCNHP records (reviewed June 2005) document no occurrence
of swamp pink within 2.0 miles of the project study area. Based on NCNHP records, field
observations, and habitat chazacteristics, this project will have No Effect on swamp pink.
VIRGINIA SPIRAEA BIOLOGICAL CONCLUSION: NO EFFECT
Within the project study area there is suitable habitat for Virginia spiraea along scoured portions
of the stream banks. A systematic plant-by-plant survey was conducted on September 23, 2005
by EcoScience biologist, Elizabeth Scherrer. No specimens of Virginia spiraea were found.
NCNHP records (reviewed June 2005) document no occurrence of the Virginia spiraea within 2.0
miles of the project study area. Based on the survey results and NCNHP records, this project will
have No Effect on Virginia spiraea.
VII. HUMAN ENVIRONMENT
Section 106 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 as-36 CFR Part 800. Section 106 requires Federal agencies to
take into account the effect of their undertakings (federally funded, licensed, or permitted projects) on
properties listed in or eligible for inclusion in the National Register of Historic Places and to afford the
Advisory Council on Historic Preservation a reasonable opportunity to comment on such undertakings.
Historic Architecture
A field survey of the Area of Potential Effects (APE) was conducted on November 22, 2004. All
structures within the APE were photographed, and later an NCDOT staff architectural historian
reviewed these photographs. There are no structures within the APE over fifty years of age. The
photographs were shown to the State Historic Preservation Office (HPO) in a meeting on May 31,
2005. At that meeting HPO staff concurred that none of the structures were eligible for the
National Register and a form was signed that reflects these findings. Therefore there aze no
National Register listed or National Register eligible properties within the APE for this project.
Copies of all correspondence and the concurrence form are included in Appendix A.
Archaeology
The State Historic Preservation Office (SHPO) reviewed the subject project. There are no known
archaeological sites within the proposed project azea, and no acchaeological investigation needed to
be conducted (see letter dated August 2, 2005 included in Appendix A).
Community Impacts
No adverse impact on families or communities is anticipated. Right of way acquisition will be limited.
No relocatees are expected with implementation of the proposed alternative.
7
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.
The project is not in conflict with any plan, existing land use, or zoning regulation. No substantial change
in land use is expected to result from construction 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 will not have a disproportionately high and adverse human health and environmental effect on
any minority or low-income population.
Noise & Air Quality
This project is an air quality neutral project in accordance with 40 CFR 93.126. It is not required to be
included in the regional emissions analysis (if applicable) and project level CO or PM2.5 analyses are not
required. This project will not result in any meaningful changes in traffic volumes, vehicle mix, location
of the existing facility, or any other factor that would cause an increase in emissions impacts relative to
the no-build alternative. Therefore, FHWA has determined that this project will generate minimal air
quality impacts for Clean Air Act criteria pollutants and has not been linked with any special MSAT
concerns. Consequently, this effort is exempt from analysis for MSATs. Any burning of vegetation shall
be performed in accordance with applicable local laws and regulations of the North Carolina State
Implementation Plan (SIP) for air quality compliance with 15 NCAC 2D.0520.
Noise levels may increase during project construction; however, these impacts are not expected to be
substantial considering the relatively short-term nature of construction noise and the limitation of
construction to daytime hours. The transmission loss characteristics of nearby natural elements and man-
made structures are believed to be sufficient to moderate the effects of intrusive construction noise.
VIII. GENERAL ENVIRONMENTAL EFFECTS
The project is expected to have an overall positive impact. Replacement of an inadequate bridge will
result in safer traffic operations.
The bridge replacement will not have an adverse effect on the quality of the human or natural
environment with the use of current NCDOT standards and specifications.
The proposed project will not require right-of--way acquisition or easement from any land protected under
section 4(f) of the Department of Transportation Act of 1966 (49 U.S.C. 303).
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, no regulated or
unregulated landfills or dumpsites with in the project area. No facility with underground storage tanks
(LIST) was identified in the project vicinity.
Ashe County is a participant in the Federal Flood Insurance Program. The bridge is located within an
Approximate Study area. The new structure should be designed to match or lower the existing 100-year
storm elevation upstream of the roadway. Since the proposed replacement for Bridge No. 456 would be a
structure similar in waterway opening size, it is not anticipated that it will have any significant adverse
impact on the existing floodplain and floodway. The proposed alternatives will not modify flow
characteristics and will have a minimal impact on floodplains due to roadway encroachment. The
existing drainage patterns and groundwater will not be affected.
On the basis of the above discussion, it is concluded that no significant adverse environmental effects will
result from implementation of the project.
IX. OTHER AGENCY COMMENTS
NCDOT has sought input from the following agencies as a part of the project development: U.S. Army
Corps of Engineers, N. C. Department of Cultural Resources, U. S. Fish & Wildlife Service, N. C.
Division of Water Quality, N. C. Wildlife Resources Commission, Tennessee Valley Authority, U. S.
Geologic Survey, U. S. Environmental Protection Agency, Eastern Band of Cherokee Indians, U. S. Coast
Guard, Ashe County Emergency Services and the Ashe County Public Schools.
The U.S. Fish & Wildlife Service in a standardized letter provided a request that they prefer any
replacement structure to be a spanning structure.
Response: In this case a culvert is preferable to a spanning structure because of design issues.
The N.C. Wildlife Resource Commission requested that sedimentation and erosion control measures
adhere to the design standards for sensitive watersheds. They also noted that a trout moratorium will be
required for brook trout. The stream is a known spawning area for brook trout.
Response: This is included in the project commitments.
The North Carolina Division of Water Quality requests that road design plans provide treatment of the
storm water runoff through best management practices as detailed in Best Management Practices for the
Protection of Surface Waters.
Response: This is included in the project commitments.
The Ashe County Public Schools and Ashe County Emergency Services did not have any issues with
an offsite detour.
The U.S. Coast Guard had no special concerns for this project.
X. PUBLIC INVOLVEMENT
A newsletter was distributed to a five mile radius around the project site listing two possible alternatives
for this project; replace in-place road closure and replace in-place with temporary structure. The majority
of those responding stated their preference for Alternate B. Travel time, road conditions, economy and
health were the main concerns expressed against anoff-site detour. Two separate petitions were also
received expressing opposition to closing the road. Based on responses to the newsletter, a Citizen's
Informational Workshop was determined unnecessary.
XI. CONCLUSION
On the basis of the above discussion, it is concluded that no substantial adverse environmental impacts
will result from implementation of the project. The project is therefore considered to be a federal
"Categorical Exclusion" due to its limited scope and lack of substantial environmental consequences.
9
FIGURES
Figure 1- Vicinity Map
Figure 2 - Alternate A
Figure 2A - Alternate B (Preferred)
Figure 3 - Photographs of Bridge No. 456
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ASIfE COUNTY
BRIDGE NO. f56 ON SR IS73
OVER LITTLE PIfOENIX CREEK
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B-3806
Replacement of Bridge
No. 456 on SR 1573
Over Little Phoenix Creek
Ashe County
FIGURE 3
L~eaYao ~ Addteu TeNpiewdPa:
ADMIDiISiRATiON 507 N. Blamt 3trxt Raleigh NC 4617 Mail Savice Cerra Raleigh NC 27699.4617 (919)733-I7631T33-1653
R,fSI'OR:A1'ION 515 N. Biaurt Street, Raleigh NC 4617 Mail Service Ceruer, Raleigh NC 276994617 (9!9)73365471115-1801
QrRV~Y ~ PLANIVQVG 515 N. Blwe Street Ralei~ NC 4617 Mail Service Cemer, Raleigh NC 2'1699.4617 (919)7334545/7154801
Federal Aid #: BRSTP-1573(2) TIP # : B-3608 County: Ashe
CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR
THE NATIONAL REGISTER OF HISTORIC PLACES
Project Description: Replace Bridge No. 456 on SR 1573 over Asheworth Creek in Ashe County
On May 31, 2005, representatives of the
,~] North Carolina Department of Transportation (NCDOT)
^ Federal Highway Administration (FHWA)
North Carolina State Historic Preservation Office (HPO)
Other
Reviewed the subject project at
^ Scoping meeting
Historic architectural resources photo~aph review session/consultation
^ Other
All parties present agreed
There are no properties over fifty years old within the project's azea of potential effects.
^ There are no properties less than fifty years old which are considered to meet Criteria Consideration G within the
project's area of potential effects.
^ There are properties over fifty yeazs old within the project's Area of Potential Effecu (APE), but based on the
historical information available and the photographs of each property, the properties identified as (List below) are
considered not eligible for the National Register and no further evaluation of them aze necessary.
,~ There are no National Register-listed or Study Listed properties within the project's area of potential effects.
^ All properties greater than 50 years of age located in the APE have been considered at this consultation, and based
upon the above concurrence, all compliance for historic architecture with Section 106 of the National Historic
Preservation Act and GS 121-12(a) has been completed for this project.
There are no historic properties affected by this project. (Attach arty notes or documents as needed)
Signed:
Representative,
%C - C ~
~I os
Date
FHWA, for the Division Administrator, or other Federal Agency Date
Representative, HPO
., ~~~
State Historic Preservation Officer
[f a survef report is prepared, a final copy of this form and the attached list will be included.