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HomeMy WebLinkAbout20051984 Ver 2_Application_20090311 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR February 23, 2009 EUGENE A. CONTI, JR. SECRETARY o 5- 1yq v. z Mr. David Baker, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers 151 Patton Avenue Asheville, NC 28801-2714 Subject: NW 23 Permit Application Bridge Number 59 on SR 1324,Tanasee Gap Road, over Tucker Creek. Transylvania County State Project: B-4691 (DWQ Notification Only) Dear Mr. Baker: The North Carolina Department of Transportation (NCDOT) is proposing to replace Bridge Number 59 on SR 1324 (Tanasee Gap Road) over Tucker Creek (C; Tr) in Transylvania County. The COE issued a permit (Action ID. 200630162-0163) for this project on January 30, 2006; however, due to a lack of funding the project was not constructed and the permit expired March 18, 2007. Funding is now available and NCDOT would like to let this project in the early summer of 2009 as part of the federal funding associated with the economic stimulus package. NCDOT proposes to replace this structure at the existing location. The new permanent bridge is designed to minimize impacts by implementing longer spans and increasing hydraulic capacity. Traffic will be detoured by employing a temporary bridge on the upstream side of the existing bridge. The temporary bridge will span Tucker Creek, but it will be necessary to temporarily impact a small unnamed tributary on the eastern side of the bridge. The removal of the existing structure shall be performed by sawing and/or non-shattering methods such that debris will not fall into the water. All work will be performed in a dry work environment. Enclosed are the Categorical Exclusion document, a marked county map, a USGS topographic map and photographs. Please note that the CE document states that this bridge will be replaced with a 40-foot long by 4-feet high crown-span culvert. Since the CE was written, a decision was made to replace the existing 20-foot bridge with a 55-foot single span cored-slab bridge. This design change represents an improvement hydraulically and environmentally. y The North Carolina Natural Heritage Database was checked for records of threatened and endangered species. There are no records of threatened or endangered species for the entire Tucker Creek watershed. This bridge will be replaced with another spanning structure that will minimize long term impacts and will result in minimal impact during construction. Tucker Creek is a cold water trout stream and is not suitable for freshwater mussels. For these reasons, we believe this project will have "no effect" on threatened and endangered species Impacts to historic or cultural resources are not anticipated. Based on reviews (CE document) by the State Historic Preservation Office (SHPO) and the Office of State Archaeology (February 17, 2009 letter), this project will have no effect on historic or archaeological resources. ? Impacts to Waters of the United States Tucker Creek has a well-defined channel and is shown on the USGS topographic maps as a perennial stream. The stream is of sufficient size to support fish, including trout, and other aquatic organisms. The stream channel is composed primarily of sand, gravel and cobble. The channel lacks vegetation. Tucker Creek flows approximately 2.5 miles to the North Fork French Broad River. From this confluence, the North Fork French Broad flows approximately 7.5 miles to the French Broad River. The French Broad River meets the definition of a Traditional Navigable Water. For these reasons, we believe Tucker Creek is a Relatively Permanent Water under the jurisdiction of the US Army Corps of Engineers. In order to construct the project, it will be necessary to impact waters of the United States in the French Broad River Basin. Specifically, NCDOT is requesting to replace Transylvania County Bridge No. 59 with a cored slab structure. Listed below is a summary of the proposed impacts. Site No. Station Existing Condition Proposed Condition Net Impacts Sites la East and West Timber Replace with Driven Piers; Stabilization and lb End Bents with Mudsills of Each End Bent with Class H Rip Rap 50' (25 LF/ea) Site 2 Open Channel 36-inch Temporary Culvert for 20' Installation of Detour Bride (Temp) Impact for Riprap Stabilization of End Bents 50' Total Temporary Impacts for Detour Bridge 20' The bridge structure will be outside of the stream channel; therefore, the only impact from this project is the riprap placed on the bank to protect the new end bents. We do not anticipate that mitigation would be required for this stabilization. The best management practices for sensitive waters will be used to minimize and control erosion and sedimentation on this project. The construction foreman will review all erosion control measures daily to ensure erosion and sedimentation are being effectively controlled. If the planned devices are not functioning as intended, they will be replaced immediately with better devices. Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Mr. David McHenry, Western Regional Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Additionally, I am asking Mr. McHenry and Mr. Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact me at (828) 497- 7953. Your early review and consideration will be greatly appreciated. Sincerely, Chris D. Lee, P.E. Division 14 Bridge Maintenance Engineer cc: Mr. Brian Wren, DWQ, DENR Raleigh (2 courtesy copies) Mr. Mike Parker, DWQ, Asheville (1 courtesy copy) Mr. Troy Wilson, Biologist, U.S. Fish and Wildlife Service, Asheville Mr. Dave McHenry, Western Regional Coordinator, NCWRC Mr. Joel Setzer, P.E., Division Engineer, NCDOT, Sylva Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT of Na TPe o? ?oc o r r Office Use Only: Corps action ID no. DWQ project no. Form version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 23 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ?No Id. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ? No For the record only for Corps Permit: ? Yes ® No If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. El Yes ®No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ®No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No 2. Project Information 2a. Name of project: Bridge #59 on SR 1324 2b. County: Transylvania 2c. Nearest municipality / town: Rosman 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: B-4691 3. Owner Information 3a. Name(s) on Recorded Deed: North Carolina Department of Transportation 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: N/A 3e. City, state, zip: N/A 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Bridge Management Engineer 4b. Name: Chris D. Lee; P.E. 4c. Business name (if applicable): North Carolina Department of Transportation 4d. Street address: 178 Henry Bird Road 4e. City, state, zip: Whittier N.C., 28789 4f. Telephone no.: 828-497-7953 4g. Fax no.: 828-497-6095 4h. Email address: cdlee@ncdot.gov 5. Agent/Consultant Information (if applicable) 5a. Name: N/A 5b. Business name (if applicable): N/A 5c. Street address: N/A 5d. City, state, zip: N/A 5e. Telephone no.: N/A 5f. Fax no.: N/A 5g. Email address: N/A Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): N/A 1b. Site coordinates (in decimal degrees): Latitude: 35.2184 Longitude: -82.8932 1c. Property size: N/A acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Tucker Creek 2b. Water Quality Classification of nearest receiving water: C Tr 2c. River basin: French Broad River Basin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is disturbed from the roadbed and ditching. The vicinity is primarily fields and forest with single family residences. 3b. List the total estimated acreage of all existing wetlands on the property: N/A 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 100' in total project area 3d. Explain the purpose of the proposed project: To upgrade the functionally obsolete bridge with a new structure to meet current NCDOT standards. 3e. Describe the overall project in detail, including the type of equipment to be used: An on-site detour will be installed upstream of the existing bridge and the old bridge will be removed. A 55-foot cored slab bridge will be installed to replace the existing 20-foot timber and steel bridge. Cranes, track hoes, dump trucks, bulldozers, water pumps, sheet piling, various hand tools will be used to accomplish the work. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / t i l i ? Yes ® No ? Unknown projec ( nc ud ng all prior phases) in the past? Comments: N/A 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: N/A Name (if known): N/A Other: N/A 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. The COE issued a General Permit Verification for NW 23 and 33 permit, Action ID. 200630162-0163 for this bridge project on January 30, 2006 that expired on March 18, 2007. The project was not constructed due to lack of funding. The project will follow the same plans as previously submitted and is scheduled to let in early summer of 2009. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 61b. If yes, explain. Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f . Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W 1 ? P ? T N/A N/A ? Yes ? Corps No El ?DWQ N/A W2 ? PEI T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ?P?T s Corps- ?No ?DWQ W6 ? P ? T ? Yes ? Corps ? No. ? DWQ 2g. Total wetland impacts N/A 2h. Comments: N/A 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - Permanent (P) or (PER) or (Corps - 404, 10 stream length Temporary (T) intermittent (INT ) DWQ - non-404, width (linear other) (feet) feet) Remove Mudsills; S1 ® P ? T Riprap Stabilization Tucker Creek ® PER ® Corps Both Banks ? INT ® DWQ 11 50 Each New Bent S2 ? P ® T Culvert Placement UT Tucker Creek ®PER ? INT ® Corps ® DWQ 2 20 S3 ?P?T R Corps ? IN ?DWQ S4 ? P ? T ? PER . ? Corps ? INT ? DWQ S5 E] P F] T ? PER ? Corps ? INT ?DWQ 3h. Total stream and tributary impacts 50 3i. Comments: Total Temporary Impact for Culvert is 20 Page 4 of 10 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water im acts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T Ot ? P ? T N/A N/A N/A N/A 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts N/A 4g. Comments: N/A 5. Pond or Lake Construction If and or lake construction proposed, then com lete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or purpose of Wetland Impacts (acres) Stream Impacts (feet) Upland number (acres) pond Floode d Filled Excavated Flooded Filled Excavated Flooded Pt N/A N/A N/A N/A N/A N/A N/A N/A P2 5f. Total N/A N/A N/A N/A N/A N/A N/A 5g. Comments: N/A 5h. Is a dam high hazard permit required? ? Yes No if yes, permit ID no: N/A 5i. Expected pond surface area (acres): N/A 5j.. Size of pond watershed (acres): N/A 5k. Method of construction: N/A 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? N/A ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re uired? B1 ? P ? T N/A N/A ? Yes ? No N/A N/A B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts N/A N/A 61. Comments: N/A Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The new structure spans the creek. The on-site detour also spans Tucker Creek. The new structure is 35 feet longer than the existing structure, which is better hydraulically and environmentally. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Impacts are limited to the temporary culvert for detour bridge and riprap stabilization at the bents. Appropriate BMPs according to the approved erosion and sedimentation control plan will be installed on the project prior to bridge work. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ? cold 4d. Buffer mitigation requested (DWQ only): N/A square feet 4e. Riparian wetland mitigation requested: N/A acres 4f. Non-riparian wetland mitigation requested: N/A acres 4g. Coastal (tidal) wetland mitigation requested: N/A acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A Page 6 of 10 PCN Form - Version 1.3 December 10,,2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWO 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ®No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 N/A N/A 3 (2 for Catawba) N/A Zone 2 1.5 6f. Total buffer mitigation required: N/A 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). N/A 6h. Comments: N/A Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ? Yes ONO 1b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: N/A El Yes E] No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? N/A % 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project is Covered by Individual NPDES Permit NCS000250 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWO Stormwater Program ? DWO401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? N/A ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW apply (check all that apply): ? USMP ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply E] HOW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 51b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8 of 10 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the f ®Yes ? No use o public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State _ ? Yes ®No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ®No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ®No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This is a rural secondary road. The bridge is being upgraded to standard load limits and width. The road is not being upgraded and development patterns are not anticipated to change significantly. 4. Sewage Disposal (DWQ Requirement) 4a. 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 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? yes ®No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ®yes ? No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? North Carolina Natural Heritage Database and CE Document Page 9 of 10 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? N/A-There are no marine or estuarine communities within the Blue Ridge Province 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation t t ? Yes ® N s a us (e.g., National Historic Trust designation or properties significant in o North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? This bridge project has been screened by archaeologists with the NC Department of Transportation and the findings have been approved by the State Historical Preservation Office (SHPO). See attached letter dated February 17, 2009 8. Flood Zone Designation (Corps Requirement) Ba. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No Bb. If yes, explain how project meets FEMA requirements: FEMA requirements were taken into consideration by the NCDOT Hydraulics Unit during the design of the bridge. 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program Chris D. Lee Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is rovitlad. Page 10 of 10 b sso b ania ag youa Mason Greek \a z µ a op ° cct a? ,oe, e`a lb 4s°? ^ r G o `a o a5 -?0 Cep o 0 0 J p`a S'O ` d 0a Go \Aac o ?O?a c" P?9 Z ac li!?? ? 0 s a a` P? ?/ aa ? 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Name: LAKE TOXAWAY Date: 2/20/2009 Scale: 1 inch equals 2000 feet uaz- 0s' uu.uu" vV I. 082° 52'(10 00" W Location: 035° 13' 12.68" N 082° 53' 19.26" W NAD 27 Caption: B-4691, Bridge 55 on SR 1324 ( Tanassee Gap Road) over Tucker Creek, Transylvania County TIP No. B-4691, Bridge 59 on SR-1324, Tanasee Gap Road Transylvania County Tucker Creek Upstream from Bridge TIP No. B-4691, Bridge 59 on SR-1324, Tanasee Gap Road Transylvania County Bridge from Upstream Bridge from Downstream TIP No. B-4691, Bridge 59 on SR-1324, Tanasee Gap Road Transylvania County On-site Detour Location Upstream of Bridge APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following die instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE. NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: B4691. Bridge 59 on SR 1324 State:NC County/parish/borough: Transylvania City: Rosman Center coordinates of site (lat/long in degree decimal format): Lat. 35.2184' 1, Long. 82.8932° Universal Transverse Mercator: Name of nearest waterbody: Tucker Creek (DWQ Class C Tr) Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River Name of watershed or Hydrologic Unit Code (HUC): 06010105010010 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: 02/19/2009 Field Determination. Date(s): 2/21/2009 SECTION II: SUMMARY OF FINDINGS A. BHA SECTION 10 DETERMINATION OF JURISDICTION. There e * F "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 "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] Waters of the U.S. a. 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 waters 2 (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: 100 linear feet: 11 width (ft) and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Elevation of established OHWM (if known): 2. Non-regulated waterstwetlands (check if applicable)' 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. ' 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). ' Supporting documentation is presented in Section BI.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 HI.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 H LB 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 IS 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 Rap moshave 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 I LD.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 IILC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Drainage area: Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ? Tributary flows through tributaries before entering TNW. Project waters are river miles from TNW Identify flow route to TNW': Tributary stream order, if known: Project waters are = river miles from RPW. Project waters are eli~t. _ aerial (straight) miles from TNW. Project waters are aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Now that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. ' 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 aoolv)? 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: }'->ic1ctt. Primary tributary substrate composition (check all that apply): ? Silts ? Sands ? Concrete ? Cobbles ? Gravel ? Muck ? Bedrock ? Vegetation. Type/`yo cover: ? Other. Explain: Tributary condition/stabifity [e.g., highly eroding, sloughing banks). Explain: Presence of mn/riffle/ ool complexes. Explain: Tributary geometry: Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: M. Estimate average number of flow events in review area/year: . Describe flow regime: Other information on duration and volume: Surface flow is: f @ " . Characteristics: Subsurface flow: . 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: If factors other than the OHWM were used to determ High Tide Line indicated by: Q ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): 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 ne lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (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: 'A natural or man-made discontinuity in the OHWM does not necessarily severjurisdiction (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: ? Aquaticlwildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TN W (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: i . Explain: Surface flow is: R : i Characteristics: Subsurface flow: Explain findings: ? Dye (or other) test performed: (c) Wetland Adiacencv Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by berm barrier. Explain: - (d) Proximity (Relationship) to TNW Project wetlands are re river miles from TNW. Project waters are erial (straight) miles from TNW. Flow is from: a Estimate approximate location of wetland as within the 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 anyj_ All wedand(s) being considered in the cumulative analysis: Mcgilsis Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) 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 TA`W? • 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 IILD: 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 WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TN Ws and Adjacent Wetlands. Check all that apply and provide size estimates in review area: Q TNWs: linear feet width (ft), Or, acres. El Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tucker Creek is 10-12 feet wide at the project site. It has sufficient flow to support trout and other aquatic life. The unnamed tributary has a well-defined channel and had good flow. 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: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 100 linear feetll width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. EE 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): M Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TN Ws. 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: acres. 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 9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or 5 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):" 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: Other factors. Explain: 'See Footnote # 3. 'To complete the analysis refer to the key in Section III.D.6 of the Inswcdonal 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 Following Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (fi). 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 2001 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 forjurisdiction. 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 'augment (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 applicant/consultant: 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 sheets/delineation 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: USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ? Aerial (Name & Date): or ® Other (Name & Date):Project Site 2/212009. Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicablelsupporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: This JD form covers both Tucker Creek and the unnamed tributary to Tucker Creek. The impact areas are within 20 feet of each other. PROJECT COMMITMENTS SR 1324 Bridge No. 59 over Tucker Creek Transylvania County Federal-aid Project No. PFH-150(2) State Project No. 8.2001801 (WBS PE 33837.1.1) T.I.P. No. B-4691 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, Erosion and Sediment Control Guidelines for Contract Construction, 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: Division 14 The NCWRC requests a moratorium prohibiting in-stream work and land disturbance within the 25-foot (7.6-meter) trout buffer from October. 15 to April 15 to protect the egg and fry stages of rainbow trout (Oncorhynchus mykiss) and brown trout (Saimo trutta). Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. Green Sheet CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. B-4691 State Project No. 8.2001801 (WBS PE 33837.1.1) Federal Project No. PFH-150(2) A. Project Description: This project will replace Bridge No. 59 on SR 1324 over Tucker Creek in the Balsam Grove community in Transylvania County. The existing single-span, 20-foot bridge will be replaced with a 40-foot long by 4-feet high crown-span culvert. Stage construction will be used so that traffic can be maintained throughout the construction period. B. Purpose and Need: NCDOT Bridge Maintenance Unit records indicate that Bridge No. 59 has a sufficiency rating of 48.7 and is functionally. obsolete. It is a two-lane bridge with a clear roadway width of 16.9 feet. The caps and risers are heavily weathered and the posts and sills show light decay. Bulkheads and wingwalls are heavily weathered with scattered decay, and the bulkhead at abutment #1 is leaning away from the stream at approximately 1.5 inches per foot. The edges of the stream flow into and along the abutments and there is a scour hole in the stream bed beneath the bridge. There is scattered light settlement in both approach roadways and the bridge surface has scattered map and transverse cracking. The replacement of Bridge No. 59 is necessary due to its deteriorating condition and functional status. C. Proposed Improvements: The following Type II improvements which apply to the project are circled: 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit O Bridge rehabilitation, reconstruction or replacement or the construction of grade separation to replace existing at-grade railroad crossings. Oa Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements O Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest area. 6. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 2 3 D. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage an maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. Special Project Information: Estimated Costs: Total Construction $ 190,000 Right of Way $ 0 Total $ 190,000 Estimated Traffic: Current 2003 - 350 vehicles per day Year 2030 - 850 vehicles per day TTST - 2% Dual - 1% 3 Accidents: According to crash records for the three-year period from 12/01/1999 to 11/30/2002, no crashes were reported in the vicinity of the bridge. Design Speed: 45 miles per hour Functional Classification: Rural Local Route School Buses: According to Transylvania County Schools, two buses cross Bridge No. 59 each day, for a total of four crossings. Division Office Comments: There is no available detour; therefore the construction would have to be phased to allow traffic to be maintained on the roadway during construction. One lane of traffic is acceptable. Bridge Demolition: In order to protect the water quality and aquatic life in the area affected by this project, the NCDOT and all potential contractors should 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 (BMPs-BDR) (all documents dated 9/20/99). Guidelines followed for bridge demolition and removal are in addition to those implemented for Best Management Practices for the Protection of Surface Waters (BMPs-PSW). It is recommended that this project be considered Case 2 under BMPs-BDR guidelines. A Case 2 project allows no work in the water during moratorium periods associated with fish migration, spawning, and larval recruitment into nursery areas. The NCWRC requests a moratorium prohibiting in-stream work and land disturbance within the 25-foot (7.6-meter) trout buffer from October 15 to April 15 to protect the egg and fry stages of rainbow trout (Oncorhynchus mykiss) and brown trout (Salmo trutta). Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. This recommendation is based upon classification of waters in the project area and comments received from agencies during the consultation process. Offsite Detour: Stage construction will be used so that traffic can be maintained on-site throughout the construction period. E. Threshold Criteria: The following evaluation of threshold criteria must be completed for Type II actions. 4 ECOLOGICAL. YES NO (1) Will the project have a substantial impact on any unique " or important natural resource? X (2) Does the project involve habitat where federally listed endangered or threatened species may occur? ? X (3) Will the project affect anadromous fish? ? X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than ? one-third (1/3) of an acre and have all practicable x measures to avoid and minimize wetland takings been evaluated? (5) Will the project require the use of U.S. Forest Service lands? X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? X (8) Will the project require fill in waters of the United States ? in any of the designated mountain trout counties? X (9) Does the project involve any known underground storage ? tanks (UST's) or hazardous materials sites? X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the ? project significantly affect the coastal zone and/or any X "Area of Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier Resources Act resources? X (12) Will a U.S. Coast Guard permit be required? ? X 5 (13) Will the project result in the modification of any existing ? regulatory floodway? X (14) Will the project require any stream relocations or channel changes? ? X SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? X (16) Will the project require the relocation of any family or ? business? X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population? X (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? ? X (19) Will the project involve any changes in access control? ? X (20) Will the project substantially alter the usefulness and/or land use of adjacent property? ? X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? ? X (22) Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of ? X 1990)? (23) Is the project anticipated to cause an increase in traffic ? volumes? X (24) Will traffic be maintained during construction using ? existing roads, staged construction or on-site detours? X 6 (25) If the project is a bridge replacement project, will the ? bridge be replaced at its existing location (along the . existing facility) and will all construction proposed in X association with the bridge replacement project be contained on the existing facility? (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? X (27) Is the project consistent with all Federal, State, and local ? laws relating to the environmental aspects of the project? X (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic X Places? (29) Will the project affect any archaeological remains, which are important to history or pre-history? X (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites, or historic bridges, as defined in X Section 4(f) of the U.S. Department of Transportation Act of 1966)? (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as X defined by Section 6(f) of the Land and Water Conservation Act of 1965, as amended? (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the Natural System of Wild and X Scenic Rivers? Additional Documentation Required for Unfavorable Responses in Part E (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached, as necessary.) Agency letters in response to the project scoping letters are provided in Appendix A. Although no unfavorable responses were indicated above, additional supporting documentation is provided for informational purposes in Appendix B. 7 G. CE Approval TIP Project No. B-4691 State Project No. 8.2001801 Federal-aid Project No. PFH-150(2) Project Description: This project will replace Bridge No. 59 on SR 1324 over Tucker Creek in the Balsam Grove community in Transylvania County: The existing bridge will be replaced with a 40-foot wide by 4-foot high-crown span culvert. Stage construction will be used so that traffic can be maintained throughout the construction period. Categorical Exclusion Action Classification: Approved: J ? oay Date X TYPE II (A) TYPE II (B) and Consultants at 3 *rJect For Type II (B) projects only: Bridge Maintenance Unit Date Division Administrator Federal Highway Administration 8 U.S. Department of commander 431 Crawfo d Street Homeland SecuritUnited States Coast Guard Portsmouth, Va. 23704-5004 Fifth Coast Guard District Staff Symbol: Oan-b United States Phone: (757) 398-6227 Fax: (757) 398-6334 Coast Guard Email: LBonenberger@LANTD5.USCG.mil Mr. Mike Summers Bridge Maintenance Unit North Carolina Department of Transportation 1565 Mail Service Center Raleigh, North Carolina 27699-1565 Dear Mr. Summers: 16591 29 May 03 This is in response to your letter dated May 6, 2003, regarding eight bridge replacement projects in North Carolina. The Coast Guard's main concern with proposed bridge projects is the impact they may have on navigation and whether the projects will require a bridge permit. In order for us to determine if a bridge permit is required for each proposed bridge replacement, please provide the following information: a. Tidal influence of each waterway. b. Navigational use of each waterway. c. The depth of water and width of each waterway. d. A list of adjacent property owners at each waterway. Upon receipt of this information, we will inform you on the status of each bridge project. if you should have any questions regarding this matter, please contact Mrs. Linda Bonenberger, Bridge Management Specialist, at (757) 398-6227. N ,w U WAVERLY W. GREGORY, JR. Chief, Bridge Administration Section By direction of the Commander Fifth Coast Guard District n,r. North Carolina Department of 11-sr1.r0=-.ment and Natural Resources Dizrision of Soil and YYater Conserzration Michael F. Easley, Governor William G. Ross Jr., Secretary David S. Vouel, Director MEMORANDUM: May 19, 2003 TO: Melba McGee FROM: David Harrison SUBJECT: NCDOT Brid°e Replacement Projects NCDENR The NC Department of Transportation is preparing the planning and environmental studies for 16 bridge replacement projects in Buncombe, Burke, Cherokee, Haywood, Jackson, McDowell, Rutherford, Stanly, Surry, Transylvania and Yadkin Counties. If construction is restricted to existing right-of-ways, there should be no impact to Prune or Statewide Important Farmland. Any acquisition of additional right-of-ways for increase size, capacity or changes in approach could affect Prime or Statewide Important Farmland. In that case, the environmental assessment should include information on adverse impacts. The definition of Prune or Statewide Important Farmland is based on the soil series and not on its current land use. Areas that are developed or are within municipal boundaries are exempt from consideration as Prune or Important Farmland. - For additional information, contact the soils specialists with the Natural Resources Conservation Service, USDA, Raleigh, NC at (919) 573-2141. Cc: Mike Summers, NCDOT 26i4 M:.,7 Sez ice Centel, Raleigh, Nor-tlm Caro7iaa 27698-2624 Phone. 919 -733-2302 \ FAX: 929 -7Z St.559 Zrcteraet: vsrvcur.enr.stare.ac.tzr/EhTR/DSYYC/ AN £QVAZ OppORTVNIT'I ?AFFZgMATIY£ACZION £MPZ.OZ'Eg 50°e RECYCLED / 10%p06T GON6VM£R PAp£R -a- Should you have any questions please call Mr. John W. Hendrix in the Asheville Regulatory Field Office at 828-271-7980, ext. 7. Sincerely, John W. Hendrix Project Manager -3- appropriate. For projects proposing a temporary onsite detour, the entire detour area, including any previous detour from past construction, should be removed in its entirety. e. The report should provide an estimate of the linear feet of new impacts to streams and wetlands, or other waters resulting from construction of the project. If a bridge is proposed to be replaced with a culvert, NCDOT must demonstrate that the work will not result in more than minimal impacts to the aquatic environment, specifically addressing the passage of aquatic life including . fish. The work must also not alter the stream hydraulics and create flooding of adjacent properties or result in unstable stream banks. g. The report should discuss and recommend bridge demolition methods and shall include the impacts of bridge demolition and debris removal in addition to the impacts of constructing the bridge. The report should also incorporate the bridge demolition policy recommendations pursuant to the NCDOT policy entitled "Bridge Demolition and Removal in Waters of the United States" dated September 20, 1999. h. Lengthening existing bridges can often benefit the ecological and hydrological functions of the associated wetlands and streams. In some cases bridge approaches are connected to earthen causeways that were built over wetlands and streams. Replacing these causeways with longer bridges would allow previously impacted waters, wetlands and floodplains to be restored. In an effort to encourage this type of work, mitigation credit for wetland restoration activities can be provided to offset the added costs of lengthening an existing bridge. Projects should be screened to determine possible effects on federally protected species, or cultural and historic resources known to occur in proximity to or within counties of the project areas, and appropriate consultation/coordination initiated with the U.S. Fish and Wildlife Service (Endangered Species Act) or the State Historic Preservation Officer (historic Preservation Act) to comply with the provisions of those regulations. -2- extent of fill work within the waters of the United States, construction methods, and other factors. Although these projects may qualify as a Categorical Exclusion, to qualify for nationwide permit authorization under Nationwide Permit #23, the project planning report should contain sufficient information to document that the proposed activity does not have more than a minimal individual or cumulative impact on the aquatic environment. All activities, including temporary construction, access, and dewatering activities, should be included in the project planning report. Our experience has shown.that replacing bridges with culverts often results in sufficient adverse impacts to consider the. work as having more than minimal impacts on the aquatic environment. Accordingly, the following items need to be considered and addressed in the planning and environmental studies for the subject projects: . a. The studies/report should contain the amount of permanent and temporary impacts to waters and wetlands as well as a description of the type of habitat that will be affected by the proposed project. b. Off-site detours are generally preferable to on-site (temporary) detours which impact waters or wetlands. if an on-site detour is the recommended action, justification should be provided that demonstrates that alternatives with lesser impacts are not practicable. Please not:, that an onsite detour constructed on a spanning structure can potentially avoid permanent impacts to waters or wetlands and should be considered whenever an on-site detour is the recommended action. For projects where a spanning structure is not feasible, the NCDOT should investigate the existence of previous onsite detours at the site that were used in previous construction activities. These areas should be utilized for onsite detours whenever possible to minimize impacts. For proposed projects and associated.on-site detours that cause minimal losses of waters or wetlands, an approved restoration and monitoring plan will be required prior to issuance of a DA nationwide or Regional general permit. For proposed projects and associated on-site detours that cause more than minimal losses of waters or wetlands, an individual DA permit and a compensatory mitigation proposal for the unavoidable impacts may be required. C. Project commitments should include the removal of all temporary fills from waters and wetlands and "time-of-year" restrictions on in-stream work if recommended by the NC Wildlife Resources Commission. d. All restored areas should be planted with endemic vegetation including trees, if DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 a LY TO ATIE ON OF: Regulatory Division June 10, 2003 Asheville Regulatory Field Office Mr. Mike Summers, Project Manager Bridge Maintenance Unit North Carolina Department of Transportation 1565 Mail Service Center Raleigh, N.C. 27699-1565 Subject: Scoping comments for proposed Division 14 bridge replacement projects Dear Mr. Summers: Reference your letter of May 1, 2003 regarding our scoping review and comments on the following proposed bridge replacement projects: 1. TIP Project No. B-3430, Bridge No. 43 on SR 1331 over Hanging Dog Creek, Cherokee County. 2. TIP Project No. B-3431, Bridge No. 45 on SR 1331 over Beaver Dam Creek, Cherokee County. 3. TIP Project No. B-4347, Bridge No. 3 on SR 1107 over Norton Mill Road, Jackson County 4. TIP Project No. . B-4348, Bridge No. 156 on SR 1388 over Dicks Creek, Jackson County. 5. TIP Project No. B-4349, Bridge No. 36 on SR 1388 over Dicks Creek, Jackson County. 6. TIP Project No. B-4690, Bridge No. 55 on SR 1324 over Tucker Creek, Transylvania County. 7. TIP Project No. B-4691, Bridge No. 59 on SR 1324 over Tucker Creek, Transylvania County. 8. TIP Project No. B-4692, Bridge No. 283 on SR 1334 over Wesleys Creek, Haywood County. Pursuant to Section 404 of the Clean Water Act of 1977, as amended, Department of the Army (DA) permit authorization will be required for the discharge of excavated or fill material in waters (and wetlands, if applicable) of the United States, including disposal of construction debris. Specific permit requirements will depend on design of the projects, Bridge Scopings 5 Cherokee, Jackson, Transylvania, Haywood Co.'s June 26, 2003 trout buffer is recommended from October 15 to April 15 to protect the egg and fry stages of rainbow and brown trout. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. 7. B-4691, Transylvania Co., Bridge No. 59 over Tucker Creek on SR 1324 (Tang ee Gap Road). Same as B-4690 above. 8. B-4692, Haywood Co., Bridge No. 283 over Wesleys Creek on SR 1334. No special. concerns indicated. Standard requirements should apply. We request that NCDOT routinely minimize adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. The NCDOT should install and maintain sedimentation control measures throughout the life of the project and prevent wet concrete from contacting water in or entering into these streams. Replacement of bridges with spanning structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Spanning structures allow wildlife passage along streambanks, reducing habitat fragmentation and vehicle related mortality at highway crossings. If you need further assistance or information on NCWRC concerns regarding bridge replacements, please contact me at (704) 485-2384. Thank you for the opportunity to review and comment on these projects. cc: Cynthia Van Der Wiele, DWQ Marella Buncick, USFWS Sarah Kopplin, NHP Bridge Scopings 4 Cherokee, Jackson, Transylvania, Haywood Co.'s June 26, 2003 Project specific comments: B-3430, Cherokee Co., Bridge No. 43 over Hanging Dog Creek on SR 1331-(Beaver Dam Road). Hanging Dog Creek is classified as C and is listed as significant aquatic habitat. The hellbender (Cryptobranchus alleganiensis), federal species of concern and state special concern, has been observed downstream of the project area. A moratorium prohibiting in- stream work and land disturbance within the 25-foot trout buffer is recommended from January 1 to April 15 to protect the,egg and fry stages of rainbow trout. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. 2. B-3431, Cherokee Co., Bridge No. 45 over Beaver Dam Creek on SR 1331 (Beaver Dam Road). Beaver Dam Creek is classified as C-Tr. The Hiwassee headwaters crayfish (Cambarus parrishi), federal species of concern, is potentially present in the project area. The knotty elimia (Eimmia interrupta), state endangered, is potentially present downstream A moratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer is recommended from January 1 to April 15 to protect the egg and fry stages of rainbow trout. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. B-4347, Jackson Co., Bridge No. 3 over Norton Mill Creek on SR 1107 (Whiteside Cove Road). Norton Mill Creek is classified as C-Tr +. Numerous federal and state listed plant and animal species have been found in the vicinity of the project. Coordination with the resource agencies is expected. A moratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer is recommended from January 1 to April 15 to protect the egg and fry stages of rainbow trout. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. 4. B-4348, Jackson Co., Bridge No. 156 over Dicks Creek on SR 1388 (Dicks Creek Road). Dicks Creek, classified as C-Tr, flows to the Tuckasegee River. Potentially present in the project area are the smoky dace (Clinostomus funduloides), state special concern, and the Little Tennessee River crayfish (Cambarus georgiae), state significantly rare. The olive darter (Percina squamata), federal species of concern and state special concern, has been observed near the mouth of Dicks Creek. Present in the Tuckesegee River are the Appalachian elktoe (Alasmidonta raveneliana), federal and state endangered; wavy-rayed lampmussel (Lampsilis fasciola), state special concern; and wounded darter (Etheostoma vulneratum), state special concern. A moratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer is recommended from January 1 to April 15 to protect the egg and fry stages of rainbow trout. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. 5. B-4349, Jackson Co., Bridge No. 36 over Dicks Creek on SR 1388 (Dicks Creek Road). Same as B-4348 above. 6. B-4690, Transylvama Co., Bridge No. 55 over Tucker Creek on SR 1324 (Tanasee Gap Road). A moratorium prohibiting in-stream work and land disturbance within the 25-foot Bridge Scopings Cherokee, Jackson, Transylvania, Haywood Co.'s June 26, 2003 16. During subsurface investigations, equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. If corrugated metal pipe arches, reinforced concrete pipes, or concrete box culverts are used: The culvert must be designed to allow for aquatic life and fish passage. Generally, the culvert or pipe invert should be buried at least 1 foot below the natural streambed (measured from the natural thalweg depth). If multiple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream bankfull or floodplain bench elevation (similar to Lyonsfield design). These should be reconnected to floodplain benches as appropriate. This may be accomplished by utilizing sills on the upstream end to restrict or divert flow to the base flow barrel(s). Silled barrels should be filled with sediment so as not to cause noxious or mosquito breeding conditions. Sufficient water depth should be provided in the base flow barrel during low flows to accommodate fish movement. If culverts are longer than 40-50 linear feet, alternating or notched baffles should be installed in a manner that mimics existing stream pattern This should enhance aquatic life passage: 1) by depositing sediments in the barrel, 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic organisms. In essence, the base flow barrel(s) should provide a continuum of water depth and channel width without substantial modifications of velocity. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated along the existing channel alignment whenever possible to avoid channel realignment. Widening the stream channel must be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 4. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized, and installed. Inmost cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. Tall fescue should not be used in riparian areas. If the area that is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be used as wetland mitigation for the subject project or other projects in the watershed. Bridge Scopings 2 Cherokee, Jackson, Transylvania, Haywood Co.'s June 26, 2003 5. If temporary access roads or detours are constructed, they should be removed back to original ground elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'x10'. If possible, when using temporary structures the ai ea should be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact, allows the area to revegetate naturally and minimizes disturbed soiL 6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army Corps of Engineers nationwide and general `404' permits. We have the option of requesting additional measures to protect trout and trout habitat and we can recommend that the project require an individual `404' permit. 8. In streams that contain threatened or endangered species, Mr. Hal Bain with the NCDOT - ONE should be notified. Special measures to protect these sensitive species may be required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species Act as it relates to the project. 9. In streams that are used by anadromous fish, the NCDOT official policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997)" should be followed. 10. In areas with significant fisheries for sunfish, seasonal exclusions may also be recommended. 11. Sedimentation and erosion control measures sufficient to protect aquatic resources must be implemented prior to any ground disturbing activities. Structures should be maintained regularly, especially following rainfall events. 12. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. 13. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags, rock berms, cofferdams, or other diversion structures should be used where possible to prevent excavation in flowing water. 14. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. 15. Only clean, sediment-free rock should be used as temporary fill (causeways), and should be removed without excessive disturbance of the natural stream bottom when construction is completed. ® North Carot naWA&fe Resources Commission Charles R Fullwood, Executive Director TO: Mike Summers, Project Manager Bridge Maintenance Unit, NCDOT FROM: Maria Chambers, Highway Projects Coordinator 7n Fw,a?- l Y?yt? u 3- Habitat Conservation Program, NCWRC DATE: June 26, 2003 SUBJECT: Scoping review ofNCDOT's proposed bridge replacement projects B-3430, B- 3431, B-4347, B-4348, B-4349, B-4690, B-4691, B-4692 in Cherokee, Jackson, Transylvania and Haywood Counties. North Carolina Department of Transportation (NCDOT) has requested comments from the North Carolina Wildlife Resources Commission (NCWRC) regarding impacts to fish and wildlife resources resulting from the subject project. Staff biologists have reviewed the information provided and have the following preliminary comments. These comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Our standard recommendations for bridge replacement projects of this scope are as follows: We generally prefer spanning structures. Spanning structures usually do not require work within the stream and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridge deck drains should not discharge directly into the stream 3. Live concrete should not be allowed to contact the water in or entering into the stream 4. If possible, bridge supports (bents) should not be placed in the stream Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 III. . Project-Specific Comments B-3430 Bridge 43 over Hanging Dog Creek;' Cherokee Co.' Although this stream is listed as Class C, there are significant aquatic resources (Federal and State listed species of concern). DWQ would prefer this bridge to be replaced with a bridge and the use of BMPs (particularly for sediment and erosion control) to be maximized. B-3431 Bridge No. 45 over Beaver Dam Creek, Cherokee Co. This stream contains several significant aquatic resources (Federal and State listed species of concern, threatened and endangered species). DWQ would prefer this bridge to be replaced with a bridge and the use of BMPs (particularly for sediment and erosion control) to be maximized. Bailey Fork Creek is listed as WS-IV. There are 30-foot vegetated buffer requirements in WS waters in addition to the requirements to minimize storm water runoff and maximize use of BMPs. Refer to 15A NCAC 2B .0216(3)(b)(i)(F) and (G). B-4347 Bridge No. 3 over Norton Mill Creek. Jackson Co. Norton Mill Creek is classified as C Tr +. The + sign indicates that this drains to Outstanding Resource Waters. Since ORWs represent the.State's highest water quality classification, DWQ would hope that a spanning structure is planned for this crossing. In addition, there are numerous Federal and State listed species in the project vicinity. Finally, we would stress that NCDOT should use the highest possible BMPs for protecting this resource. B-4348 Bridge No. 156 and B-4349 Bridge No. 36 over Dicks Creek..lackson Co. DWQ is aware that there may be mussel populations on this site as well as Federal and State listed species of concern. We recommend a spanning structure and maximizing the use of BMPs to minimize damage to these aquatic resources. If NCDOT is replacing these structures with culverts, you should be aware that this involves two impacts to the same stream-impacts must be added together and mitigation maybe required. B-4690 Bridge No. 55 and B-4691 Bridge No. 59 over Tucker Creek. Translyvania Co. If NCDOT is replacing these structures with culverts, you should be aware that this involves two impacts to the same stream -impacts must be added together and mitigation may be required. B-4692 Bridge 283 over Wesleys Creek, Haywood Co. DWQ does not have any special concerns. Please refer to general recommendations listed above. 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 (919) 733.5715. pc: John Hendrix, USACE Asheville Field Office Chris Militscher, USEPA Marla Chambers, NCWRC File Copy 9. Sedimentation and erosion control measures sufficient to protect water resources must be implemented prior to any ground disturbing activities. Structures should be maintained regularly, especially following rainfall events. I I 10. Bare soil should be stabilized through vegetation or other means as quickly as feasible to prevent sedimentation of water resources. 11. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags, rock berms, cofferdams, or other; diversion structures should be used where possible to prevent excavation in flowing water. 12. Helavy equipment should be operated from the bank rather than in stream channels in order to rninimi?e sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment should 1. 1 nspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, be i hydraulic fluids, or other toxic materials. culvert must be designed to allow for aquatic life and fish passage. Generally;-the culvert or pipe invert dd be buried at least 1 foot below the natural streambed (measured from the natural thalweg depth).-- If iple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream ' dull or floodplain bench elevation (similar to Lyonsfield design). These should be reconnected to-+Y. dplain benches as appropriate. This may be accomplished by utilizing sills on the upstream end to-restrict P + Flew r? rhP',ha?P fl? ha , lfs1--Silled-harrels-should-be-filledwith-sedimeiivso-as-not to-cause noxious- or mosquito breeding conditions. Sufficient water depth should be provided in the base flow barrel during low flows to accommodate fish movement. If culverts are longer than 40-50 linear feet, alternating or notched baffles should be installed in.a manner that mimics existing stream pattern. This should enhance aquatic life passage: 1) by depositing sediments in the barrel, 2) by maintaining channel depth and flow regimes, and 3) by .providing resting places for fish and other aquatic organisms. In essence, the base flow barrel(s) should provide ---- acontinuu=of-water-depth-and-channel-width-without substantial-modifications-of-velocity.---- If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated along the existing channel alignment whenever possible to avoid channel reIlignment. Widening the stream channel must be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity' causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. I 4. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized. and installed.) In most cases, we prefe?l the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to;avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native;tree species. Tall fescue should not be used in riparian areas. If the area that is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be used as wetland mitigation for the subject project or other projects in the watershed. TFS, ?`QG T Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek P.E.. Dirkwr Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality July 10, 2003 MEMORANDUM TO: Mike Summers, Project Manager NCDOT Bridge Maintenance Unit qq 11 FROM:. Cynthia F. Van Der Wiele, NCDOT Coordinator GV a?l? SUBJECT: Scoping Review of NCDOT's proposed bridge replacement projects: B-3430, B-3431, B-4347, B-4348, B-4349, B-4690, B-4691, and B-4692 in Cherokee, Jackson, Transylvania and Haywood Counties. In reply to your correspondence dated May 1, 2003 (received June 19, 2002) in which you requested comments for the referenced projects, the NC Division of Water Quality has the following comments: I General Comments Regarding Bridge Replacement Projects 1. .If corrugated metal pipe arches; reinforced concrete pipes, or concrete box culverts are used to replace the . bridge, then DWQ recommends the use of Nationwide Permit No. 14 rather than Nationwide Permit 23. 2. Bridge demolition should be performed using Best Management Practices developed by NCDOT. 3. DWQ prefers spanning structures. Spanning structures usually do not require work within the stream and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation b) canoeists and boaters. 4. Bridge deck drains should not discharge directly into the stream; stormwater should be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to NCDOT Best Management Practices for the Protection of Surface Raters 5. Live concrete should not be allowed to contact the water in or entering into the stream. Concrete is mostly made up of lime (calcium carbonate) and when in a dry or wet state (not hardened) calcium carbonate is very soluble in water and has a pH of approximately 12. In an unhardened state concrete or cement will change the pH of fresh water to very basic and will cause fish and other macroinvertebrate kills. 6. If possible, bridge supports (bents) should not be placed in the stream 7. If temporary access roads or detours are constructed, they should be removed back to original ground elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'00'. If possible, when using temporary structures the area should be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact, allows the area to re-vegetate naturally and minimizes disturbed soil. 8. A clear bank (rip rap-free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 16 NC N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733--6893 (fax), (httoI/h2o cnr state nc usIncwetlands) Customer Service #: 1-877-623-6748 COMMON NAME SCIENTIFIC NAME STATUS Mountain catchfly Silene ovata FSC Alabama least trillium Trillium pusillum var. 1 FSC Nonvascular Plants Rock gnome lichen Gymnoderma lineare Endangered A liverwort Plagiochila sharpii FSC A liverwort Plagiochila sullivantii var. sullivantii 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." Cl A taxon under consideration for official listing for which there is sufficient information to support listing. FSC A Federal species of concem--a species that may of 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. Species with 1, 2, 3, or 4 asterisks behind them indicate historic; obscure, or incidental records. *mstoric 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) 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. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. January 29, 2003 Page 6 of6 COMMON NAME SCIENTIFIC NAME STATUS Within these areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean water; (ii) Geomorphically stable stream channels and banks; (iii) Pool, riffle, and run sequences within the channel; (iv) Stable sand, gravel, cobble, boulder, and bedrock substrates with no more than low amounts of fine sediment; (v) Moderate to high stream gradient; (vi) Periodic natural flooding; and (vii) Fish hosts, with adequate living, foraging, and spawning areas for them. Vertebrates Southern Appalachian saw-whet owl Aegolius acadicus FSC Bog turtle Clemmys muhlenbergii T(S/A)' Olive-sided flycatcher Contopus borealis FSC Hellbender Cryptobranchus alleganiensis FSC Cerulean warbler Dendroica cerulea FSC Carolina northern flying squirrel Glaucomys sobrinus coloratus Endangered Bald eagle Haliaeetus leucocephalus Threatened (proposed for delisting) Southern Appalachian red crossbill Loxia curvirostra FSC Southern rock vole Microtus chrotorrhinus carolinensis FSC Gray bat Myotis gr•isescens Endangered Southern Appalachian woodrat Neotoma floridana haematoreia FSC Alleghany woodrat Neotoma magister FSC Southern Appalachian black-capped Poecile atricapillus practicus FSC chickadee Eastern cougar Puma concolor couguar Endangered* Southern water shrew Sorex palustris punctulatus FSC Southern Appalachian:yellow-bellied, ,Sphyrapicus-,, anus appalaciensis FSC . sapsucker Appalachian cottontail Sylvilagus obscurus FSC Appalachian Bewick's wren Thryomanes bewickii altus FSC Invertebrates Appalachian elktoe Alasmidonta raveneliana Endangered Spruce-fir moss spider Microhexura montivaga Endangered Tawny crescent butterfly Phyciodes batesii maconensis FSC* Diana fritillary butterfly Speyeria diana FSC Vascular Plants Fraser fir Abies fraseri FSC Piratebush Buckleya disticophylla FSC Mountain bittercress Cardamine clematitis FSC Tall larkspur Delphinium exaltatum FSC* Glade spurge Euphorbia purpurea FSC Smoky Mountain mannagrass Glyceria nubigena FSC Small whorled pogonia Isotria medeoloides Threatened Butteimut Juglans cinerea FSC Fraser's loosestrife Lysimachia fraseri FSC Torrey's mountain-mint Pycnanthemum torrei FSC* Rugel's ragwort Rugelia nudicaulis FSC Carolina saxifrage Saxifraga caroliniana FSC January 29, 2003 Page 5 of 6 COMMON NAME SCIENTIFIC NAME STATUS Southern Appalachian yellow-bellied Sphyrapicus varius appalaciensis FSC sapsucker Appalachian cottontail Sylvilagus obscurus FSC Appalachian Bewick's wren Thryomanes bewickii altos FSC* Invertebrates Appalachian elktoe Alasmidonta raveneliana Endangered French Broad crayfish Cambarus reburrus FSC Oconee crayfish ostracod Cymocythere clavata FSC Oyster mussel Epioblasma capsaeformis Endangered Margarita River skimmer Macromia margarita FSC Diana fritillary butterfly Speyeria diana FSC* Transylvania crayfish ostracod Waltoncythere acuta FSC Vascular Plants Fraser fir Abies fraseri FSC Alexander's rock aster Aster avitus FSC Cuthbert's turtlehead Chelone cuthbertii FSC Spreading avens Geum radiatum Endangered Smoky Mountain mannagrass Glyceria nubigena FSC Swamp pink Helonias bullata Threatened French Broad heardeaf Hexastylis rhombiformis FSC Small whorled pogonia Isotria medeoloides Threatened Butternut Juglans cinerea FSC Fraser's loosestrife Lysiniachia fraseri FSC Sweet pinesap Monotropsis odorata . FSC Flatrock panic grass Panicum lithophilum FSC* Mountain sweet pitcher plant Sarracenia jonesii Endangered Southern oconee-bells Shortia galacifolia var. galacifolia FSC Lobed barren-strawberry Waldsteinia lobata FSC Nonvascular Plants Gorge moss Bryocrumia vivicolor FSC Rock gnome lichen Gymnoderma lineare Endangered A liverwort Plagiochila shorpii FSC A liverwort Plagiochila sullivantii var. sullivantii FSC A liverwort Plagiochila virgin ica var. caroliniana FSC HAYWOOD COUNTY Critical Habitat Designation- Spruce-fir moss spider, Microhexura montivaga - Critical habitat designated (see the July 6, 2001, Federal Register, 66:35547-35566). Critical Habitat Designation: Appalachian elktoe,Alasmidonta raveneliana - The main stem of the West Fork Pigeon River (French Broad River system), from the confluence of the Little East Fork Pigeon River, downstream to the confluence of the East Fork Pigeon River, and the main stem of the Pigeon River, from the confluence of the West Fork Pigeon River and the East Fork Pigeon River, downstream to the N.C. Highway 215 Bridge crossing, south of Canton, North Carolina. January 29, 2003 Page 4 of 6 COMMON NAME SCIENTIFIC NAME STATUS Tall larkspur Glade spurge Swamp pink Gorge filmy fern Small whorled pogonia Butternut Fraser's loosestrife Sweet pinesap Torrey's mountain-mint Carolina saxifrage Divided-leaf ragwort Mountain catchfly Granite dome goldenrod Mountain thaspium Lobed barren-strawberry Delphinium exaltatum Euphorbia purpurea Helonias bullata Hymenophyllum tayloriae Isotria medeoloides Juglans cinerea Lysimachia fraseri Monotropsis odorata Pycnanthemum torrei Saxifraga caroliniana Senecio millefolium Silene ovata Solidago simulans Thaspium pinnatifidum Waldsteinia lobata FSC FSC Threatened FSC Threatened FSC FSC FSC FSC* FSC FSC FSC FSC FSC* FSC* Nonvascular Plants Gorge moss . Rock gnome lichen A liverwort A liverwort A liverwort A liverwort TRANSYLVANIA COUNTY ..Critical Habitat Designation: Appalachian elktoe, Alasmidonta raveneliana -The main stem of the Little River (French Broad River system), from the Cascade Lake Power Plant, downstream to its confluence with the French Broad River. Bryocrumia vivicolor Gymnoderma lineare Plagiochila sullivantii var. spinigera Plagiochila sullivantii var. sullivantii Plagiochila virginica var. caroliniana Sphenolobopsis pearsonii FSC Endangered FSC FSC FSC FSC Within these areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean water; (ii) Geomorphically stable stream channels and banks; (iii) Pool, riffle, and run sequences within the channel; (iv) Stable sand, gravel, cobble, boulder, and bedrock substrates with no more than low amounts of fine sediment; (v) Moderate to high stream gradient; (vi) Periodic natural flooding; and (vii) Fish hosts, with adequate living, foraging, and spawning areas for them.. Vertebrates Southern Appalachian saw-whet owl Green salamander Bog turtle Rafinesque's big-eared bat Hellbender Carolina northern flying squirrel Southern Appalachian red crossbill Southern Appalachian woodrat Southern Appalachian black-capped chickadee Aegolius acadicus Aneides aeneus Clemmys muhlenbergii Corynorhinus raf nesguii Cryptobranchus alleganiensis Glaucomys sabrinus coloratus Loxia curvirostra Neotoma f oridana hoematoreia Poecile atricapillus practicus . FSC FSC T(S/A)' FSC* FSC Endangered FSC FSC* FSC January 29, 2003 Page 3 of 6 COMMON NAME SCIENTIFIC NAME STATUS Mountain catchfly Silene ovata FSC Hairy blueberry Vaccinium hirsutum FSC JACKSON COUNTY Critical Habitat Designation: Appalachian elktoe, Alasmidonta raveneliana - The main stem of the Tuckasegee River (Little Tennessee River system), from the N.C. State Route 1002 Bridge in Cullowhee, Jackson County, North Carolina, downstream to the N.C. Highway 19 Bridge, north of Bryson City, Swain County, North Carolina. Within these areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean water; (ii) Geomorphically stable stream channels and banks; (iii) Pool, riffle, and run sequences within the channel; (iv) Stable sand, gravel, cobble, boulder, and bedrock substrates with no more than low amounts of fine sediment; (v) Moderate to high stream gradient; (vi) Periodic natural flooding; and (vii) Fish hosts, with adequate . living, foraging, and spawning areas for them. Vertebrates Southern Appalachian saw-whet owl Green salamander Rosyside dace Hellbender Wounded darter Carolina northern flying squirrel Southern Appalachian red crossbill "Sicklefin" redhorse Indiana bat Southern Appalachian woodrat Southern Appalachian black-capped chickadee Olive darter Northern pine snake Southern Appalachian yellow-bellied sapsucker Appalachian Bewick's wren Invertebrates Appalachian elktoe French Broad crayfish Whitewater crayfish ostracod Tawny crescent butterfly Diana fritillary butterfly Vascular Plants Fraser fir Mountain bittercress Radford's sedge Cuthbert's turtlehead Aegolius acadicus FSC Aneides aeneus FSC Chnostomus funduloides ssp. 1 FSC Cryptobranchus alleganiensis FSC Etheostoma vulneratum FSC Glaucomys sabrinus coloratus Endangered Loxia curvirostra FSC Moxostoma sp. 1 FSC Myotis sodalis Endangered (winter records) Neotoma floridana hoematoreia FSC Poecile atricapillus practicus. FSC Percina squamata FSC Pituophis melanoleucus melanoleucus FSC Sphyrapicus varius appalaciensis FSC Thryomanes bewickii altus FSC Alasmidonta ravenehana Endangered Cambarus rebw7w FSC Dactyloctythere prinsi FSC Phycoides batesd maconensis FSC Speyeria diana FSC Abies fraseri FSC Cardamine clematitis FSC Carex radfordii FSC Chelone cuthbertii FSC January 29, 2003 Page 2 of 6 ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL SPECIES OF CONCERN, CHEROKEE, JACKSON, TRANSYLVANIA, AND HAYWOOD COUNTIES, NORTH CAROLINA . This list was adapted from the North Carolina Natural Heritage Program's County Species List. It is a listing, for Cherokee, Jackson, Transylvania, and Haywood Counties, of North Carolina's federally listed and proposed endangered, threatened, and candidate species and Federal species of concem (for a complete list of rare species in the state, please contact the North Carolina Natural Heritage Program). The information in this list is compiled from a variety of sources, including field surveys, museums and herbaria, literature, and personal communications. The North Carolina Natural Heritage Program's database is dynamic, with new records being added and old records being revised as new information is received. Please note that this list cannot be considered a definitive record of listed species and Federal species of concern, and it should not be considered a substitute for field surveys. Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated or proposed. Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur. However, projects may have effects on downstream aquatic systems in adjacent counties. COMMON NAME SCIENTIFIC NAME STATUS CHEROKEE COUNTY Vertebrates Bog turtle Clemmys muhlenbergii T(S/A)' Rafinesque's big-eared bat Corynorhinus rafinesqui FSC Helibender Cryptobranchus alleganiensis FSC Blotched chub Erimystax insignis FSC Junaluska salamander Eurycea junaluska FSC "Sicklefm" redhorse Moxostoma sp. 1 l FSC Endangered Indiana bat is Myotis soda (summer habitat) Olive darter Percina squamata FSC Northern pine snake Pituophis melanoleucus melanoleucus FSC* Invertebrates Hiwassee crayfish Cambarus hiwasseensis FSC Parrish crayfish Cambarus parrishi FSC Tan riffleshell Epioblasma florentina walkeri FSC** Tennessee heelsplitter Lasmigona holstonia FSC* Knotty rocksnail Lithasia christyi FSC ** Littlewing pearlymussel Pegias fabula Endangered Tennessee clubshell Pleurobema oviforme FSC Diana fritillary butterfly Speyeria diana FSC Cumberland bean Villosa trabalis Endangered Vascular Plants Small whorled pogonia Isotria medeoloides Threatened White fringeless orchid Platanthera integrilabia Cl* January 29, 2003 Page I of 6 Transylvania and Haywood Counties: Project B-4690 (Log No. 4-2-03-348), Project B-4691 (Log No. 4-2-03-349), and Project B-4692 (Log No. 4-2-03-350) - Our records 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. We are interested in the types of structures that will replace these existing bridges and would recommend spanning structures, preferably bridges, in all cases. Ln.addition, off-site detours are preferable to temporary on-site crossings in order to reduce stream-bank disturbance. 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 these projects, please reference the log numbers assigned with our comments about each of them. Sincerely, Brian P. Cole State Supervisor Enclosure cc: Mr. Steve Lund, U.S. Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton . Avenue, Room 208, Asheville, NC 28801-5006 Ms. Marla J. Chambers, Highway Projects Coordinator, North Carolina Wildlife Resources . Commission, 12275 Swift Road, Oakboro, NC 28129 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 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 your projects. Our records indicate the following: Cherokee County: In general, while there are no known locations of the Indiana bat in the vicinity of these projects, if trees will be cleared for these projects, habitat should be assessed for this species; if suitable habitat is present, further surveys may be required. Project B-3430 (Log No. 4-2-03-343) - Our records indicate known occurrences of the sicklefm redhorse (Moxostonia sp.1) in Hanging Dog Creek. Although the sicklefm redhorse currently is a federal species of concern, its status is under review. This species may be elevated to candidate status for federal listing. We recommend surveying the project area for this species prior to any further planning or on-the-ground activities. We also strongly recommend that this bridge be replaced with another spanning structure. . Project B-3431 (Log No. 4-2-03-344) - Our records indicate no known locations of listed species in the project area. However, we recommend conducting habitat assessments and surveying any suitable habitat in the project area for these species prior to any further planning or on-the-ground activities to ensure that no adverse impacts occur. Jackson County: Project B-4347 (Log No. 4-2-03-345) - Our records indicate that there are known locations of the green salamander (Aneides aeneus), a federal species of concern, near the proposed project. We recommend conducting habitat assessments and surveying any suitable habitat in the project area for this species prior to any further planning or on-the-ground activities to ensure that no adverse impacts occur. Proiect B-4348 (Log No. 4-2-03-346) and Project B-4349 (Log No. 4-2-03-347) - Dick's Creek is a tributary to the Little Tennessee River, and it flows into occupied habitat and designated critical habitat for the endangered Appalachian elktoe (Alasmidonta raveniliana). Given the proximity of these projects to the Little Tennessee River, we recommend surveying for listed mussels in Dick's Creek prior to any on-the-ground activities. If mussels are located, additional consultation will be required. United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 July 25, 2003 Mr. Mike Summers Project Manager Bridge Maintenance Unit North Carolina Department of Transportation 1565 Mail Service Center Raleigh, North Carolina 27699-1565 Dear Mr. Summers: Subject: Proposed Bridge Replacement Projects in Cherokee; Jackson, Transylvania, and Haywood Counties, North Carolina As requested in your letter of May 1, 2003, we have reviewed the subject projects and provide 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 maps included with your letter frequently did not contain adequate landmarks to be able to easily find the project locations., Future maps or project descriptions should portray or reference notable landmarks to enable the projects to be easily located. Additionally, there was reference to demolition information in your cover letter, but it was not enclosed with our package. The information we received for these eight projects does not include descriptions of the structures that will replace the existing bridges nor does it include any environmental information regarding the streams or whether habitat assessments or surveys for rare species have been conducted for any of these projects. Therefore, our comments are limited primarily to the known locations of listed species and federal species of concern. When the categorical exclusions are prepared and more information is available regarding environmental effects, we can offer more substantive comments. Enclosed is a species list for the four counties included in this package. This list provides the names of species on the Federal List of Endangered and.Threatened Wildlife and Plants as well as federal species of concem. Federal species of concern are not legally protected under the Act .1 Mr. Mike Summers Page 2 Septem i& 9, 2003 We will confirm these determinations when we review the Categorical Exclusion documents and the final selected alternative during our permit review. If merger,teams are established for any of the projects, please include TVA in the coordination for the project. In addition, if an environmental assessment is to be prepared for any project, please contact TVA for consideration as a cooperating agency in the project. Should you have any questions, please contact Harold M. Draper at (865) 632-6889 or hmdraper@tva.gov. Sincerely, 65Jon'M Zney,Zager NEPA Administration Environmental Policy and Planning cc: Mr. John Sullivan, Division Administrator Federal Highway Administration 310 New Bem Avenue, Suite 410 Raleigh, North Carolina 27601 r' ffMMNz=l IN Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, Tennessee 37902-1499 September 9, 2003 Mr. Mike Summers Bridge Maintenance Unit North Carolina Department of Transportation 1565 Mail Service Center Raleigh, North Carolina 27699-1565 Dear Mr. Summers: REQUEST FOR COMMENTS ON BRIDGE REPLACEMENT PROJECTS, B-3430 and B-3431 IN CHEROKEE COUNTY; B-4348 AND B-4349 IN JACKSON COUNTY; B-4690 AND B-4691 IN TRANSYLVANIA COUNTY, AND B-4692 IN HAYWOOD COUNTY, NORTH CAROLINA TVA has reviewed the elevation and plan drawings provided in your letter of July 8, 2003, on the proposed bridge replacements. Based on the plans provided, the following bridges would not require Section 26a approval because they do not create a new obstruction and are within the same alignment: B-3430, SR 1331 (Beaver Dam Road) over Hanging Dog Creek, tributary to Hiwassee Reservoir, Cherokee County B-3431, SR 1331 (Beaver Dam Road) over Cook Creek, tributary to Hiwassee Reservoir, Cherokee County B-4348 and B4349, SR 1388 (Dicks Creek Road) over Dicks Creek, Tuckasegee River tributary, Jackson County B-4692, SR 1334 (Max Patch Road) over Wesley Creek, Pigeon River tributary, Haywood County The following projects would substantially widen the existing bridge by addition of lanes and would still appear to require Section 26a approval: B-4690 and B-4691, SR 1324 (Tanasee Gap Road) over Tucker Creek, French Broad River tributaTransylvania , yCounty s Uri 0 North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary Office of Archives and History September 23, 2003 MEMORANDUM Division of Historical Resources TO: Mike Summers, Project Manager Bridge Maintenance Unit NCDOT Division of Highways FROM: David Brook (V SUBJECT: Replacement of Bridge No. 59 over Tucker Creek on SR 1324 (Tanasee Gap Road) Balsam Grove, B-4691, Transylvania County, ER03-1340 Thank you for your letter of May 1, 2003, concerning the above project We recommend that a Department of Transportation architectural historian identify and evaluate any structures over fifty years of age within the project area, and report the findings to us. There are no recorded archaeological sites within the proposed project area. If the replacement is to be located along the existing aligrunent and there is no onsite detour, it is unlikely that significant archaeological resources will be affected and no investigation is recommended. If, however, the replacement is to be in a new location, or an onsite detour is proposed, an archaeological survey is recommended. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above referenced tracking number. cc: Mary Pope Furr, NCDOT Matt Wilkerson, NCDOT µ,µ,w h Location ADMINISTRATION 507 N. Blount St., Raleigh NC RESTORATION 515 N. Blount St., Raleigh NC SURVEY & PLANNING 515 N. Blount St.. Raleigh NC o.dcr.state.nc.us Mailing Address Telephone/Fax 46 17 Mail Service Center, Raleigh NC 27699-4617 (919) 733-4763 • 733-86.` 4617 Mail Service Center, Raleigh NC 27699-4617 (919) 733-6547 • 715-48( 4617 Mail Service Center, Raleigh NC 27699-4617 (919) 733-6545 • 715-48( Federal Aid # PFH-150(2)) TIP # B-4691 County: Transylvania CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Project Description: Replace Bridge No. 59 on SR 1324 over Tucker Creek On 06/14/2004, 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 photograph review session/consultation ? Other All parties present agreed ? There are no properties over fifty years old within the project's area of potential effects. J 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 years old within the project's Area of Potential Effects (APE), but based on the his?tot?rical information available and the photographs of each property, the property identified as TTOUS? ;r - is considered not eligible for the National Register and no further evaluation of it is 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 any notes or documents as needed) Signed: Representativ 6) IT Date FHWA, for the Division Administrator, o thei Federal Agency Date Repre entative, HPO ate --State Historic Preservation Officer ! Date If a survey report is prepared, a final copy of this form and the attached list will be included. Natural Systems Site Assessment T.I.P. B-4691 Bridge No. 59 on SR 1324 over Tucker Creek Transylvania County, North Carolina September 2003 Introduction Mulkey Engineers & Consultants (MULICEY) has been retained by the North Carolina Department of Transportation (NCDOT) to prepare a programmatic categorical exclusion for a bridge replacement project located in Transylvania County, North Carolina. The NCDOT proposes to replace Bridge No. 59 over Tucker Creek on SR 1324 (I anasee Gap Road), which is identified as Transportation Improvement Project (T.I.P.) B-4691 (Figure 1). This assessment report briefly describes the natural systems associated with the bridge location. Field investigations at the project site were conducted by a qualified biologist from MULKEY during April 2003. The field survey was undertaken to determine natural resource conditions and to document natural communities, wildlife, and the presence of protected species or their habitats. Published information. regarding the project area and region was derived from a number of resources. Information concerning the occurrence of federal and state protected species within the project vicinity was gathered from the U.S. Fish and Wildlife Service list of protected species and the North Carolina Natural Heritage Program database of rare species and unique habitats. Qualifications of Principal Investigator Investigator: Cindy S. Carr, Biologist Education: B.S., Natural Resources (Ecosystem Assessment Concentration), North Carolina State University ASBA, Business Administration, Calhoun State College Experience: Mulkey Engineers & Consultants, November 2002 to present Biologist, ARCADIS, May 2000 to November 2002 Sample Manager, CH2M HILL, October 1989 to June 1996 Certifications: Wetland Professional-In-Training, Society of Wetland Scientists Stream ID and Buffer Rule Applications Program, NCDWQ Benthic Collection Protocols for Stream Restoration, NCDWQ Expertise: NEPA investigations, Section 7 field investigations, wedand determination and delineation, stream determination and delineation, stream and wetland restoration, habitat assessments, Rosgen stream assessment and classification, 404/401 perm applications, and USEPA HAZWOPER training. Page 1 of 4 T.I.P. B-4691 Transylvania County Natural Systems Assessment Water Resources The project site occurs in the upper portion of the French Broad River Basin. This basin is composed of the French Broad River, Pigeon River and Nolichucky River drainage areas. Tucker Creek is located within Subbasin 04-03-01, which includes the North and West Fork French Broad River headwaters. The North Carolina Division of Water Quality (NCDWQ) stream index number for Tucker Creek is 6-3-10 and the USGS 8-digit hydrologic unit is 06010105. The project is situated in the Balsam Grove community approximately 6 miles (9.7 kilometers) north of US 64 and about 10 miles (16 kilometers) west of Brevard. The NCDWQ classifies surface waters of the state based on their intended best uses. Tucker Creek, as well as its tributaries Methany Creek, Johnnies Creek, and Jake Branch, are Class "C - Tr" waters. There is an unnamed tributary in the project area that converges with Tucker Creek just south of the bridge on the east side of the main stream. It is assumed to have the same classification as Tucker Creek since it is not classified separately. A Class "C" designation denotes freshwaters protected for secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, and others uses. The "Tr" designation denotes freshwaters protected for natural trout propagation and survival of stocked trout. There are currently no 303(d) listed streams in the project area. The Ambient Monitoring System (AMS) is a network of stream, lake, and estuarine water- quality monitoring stations strategically located for the collection of physical and chemical water-quality data. The type of water-quality data or parameters collected is determined by the waterbody's classification and corresponding water quality standards. The AMS determines the "use support" status of waterbodies, meaning how well a waterbody supports its designated uses. There are three AMS monitoring stations in this subbasin; however, there are no AMS monitoring stations along Tucker Creek neat the project site. The most recent use support rating for Tucker Creek is "fully supporting." A fully supporting rating is given to a waterbody that fully supports its designated uses and generally has good or excellent water quality. It is possible that the plant nursery in the project area (discussed in the following section) could be a source of nitrogen runoff from fertilizers. Short-term impacts to water quality from construction-related activities include increased sedimentation and turbidity. Long-term construction related impacts to water resources, include substrate destabilization, bank erosion, increased turbidity, altered flow rates, and possible temperature fluctuations within the channel due to removal of streamside vegetation. Aquatic organisms are very sensitive to the discharges and inputs resulting from construction. Appropriate measures must be taken to avoid spillage and control runoff. Such measures should include an erosion and sedimentation control plan, provisions for waste materials and storage, stormwater management measures, and appropriate road maintenance measures. NCDOT's Best Management Practices for Protection of Surface Waters (BMPs - PSW) Sedimentation Control guidelines, and design standards for sensitive watersheds (15A NCAC 04B:0124) should be strictly enforced during the construction stages of the project. Page 2 of 4 T.I.P. B-4691 Transylvania County Bridge demolition activities to remove the existing bridge are elements of the build alternative. The bridge demolition activities associated with this replacement will follow NCDOT's Be t Management Practices far Bridge Demolition and Removal (BMPs-BDR). As per the BMPs - BDR, all methods of demolition shall be considered and implemented where practical, other than dropping the bridge in the water. This project is considered a Case 2under BMPs-BDR guidelines. A Case 2 project allows no work in the water during moratorium periods associated with fish migration, spawning, and larval recruitment into nursery areas. The NCWRC requests a moratorium prohibiting in- stream work and land disturbance within the 25-foot (7.6-meter) trout buffer from October 15 to April 15 to protect the egg and fry stages of rainbow trout (Oncorbynchus mykiss) and brown trout (Salmo trutta). Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. Biotic Resources Vegetative communities at the bridge site are representative of areas impacted and modified by rural residential and agricultural uses. There are two private homes near the bridge, and a plant nursery in the southwest portion of the study area. The northwest portion of the study area has a grass lawn that extends to the stream. The northeast and southeast study areas contain grassy fields that extend to within 5 feet (1.5 meters) of Tucker Creek. There is a narrow riparian corridor along the stream that consists of forsythia (Forsythia sp.), pussy willow (Salix sp.), tag alder (Alnus serrulata), and wild rose (Rosa multAra) on the downstream side, and box elder (Ater negundo), tag alder, and ironwood (Carpinus caroliniana) on the upstream side of the bridge. There is a commercial nursery bedding plot containing trees and shrubs upstream from the bridge to the southwest. A small wetland was rioted during the field survey near the corner of this property adjacent to Tucker Creek and SR 1324, approximately 50 feet (15 meters) southwest from Bridge No. 59. This wetland was characterized by surface inundation up to 5 inches deep with hummocks of needle rush Umncus spp.) and grasses (Poaceae family). Dominant vegetation in the wetland area included needle rush, elderberry (Sambucus canadensis), swamp rose (R. palrutris), and various asters (Asteraceae family). The wetland was not delineated or documented on data sheets since the project is not expected to extend into this area. Existing Stream and Wetland Conditions The stream exhibited a moderate flow with clear water over a substrate of sand, gravel, and cobble with a few boulders occurring near the bridge. The channel width averaged from 10 to 12 feet (3.1 to 3.6 meters) both upstream and downstream from the bridge. Channel pattern at the project site was characterized by a long riffle and run segment over sand, gravel, and cobble. The downstream pattern within 100 feet of the bridge exhibited a riffle and meander pool sequence over a gravel and cobble substrate. Bank heights were approximately 3 to 4 feet (0.9 to 1.2 meters) above the water surface. A narrow unnamed tributary, approximately 1 foot (0.3 meters) wide with water approximately 4 inches (10.2 Page 3 of 4 T.I.P. B-4691 ' Transylvania County centimeters) deep converges with Tucker Creek on the southeast side, immediately upstream ' of the bridge. This stream drains across a maintained grassy field or yard at a private residence. No jurisdictional wetlands were identified within the project limits. Protected Species Federal law (under the provisions of Section 7 of the Endangered Species Act of 1973, as amended) requires that any action likely to adversely affect a species classified as federally- protected be subject to review by the United States Fish and Wildlife Service (USFWS). Other species may receive additional protection under separate laws. As of the 25 February 2003, Transylvania County species list, the USFWS identified six Endangered (E) species, two Threatened (1) species, one Threatened due to Similarity of Appearance [T(S/A)], and 30 Federal Species of Concern (FSC) as occurring in the county. A review of habitat requirements for species listed as threatened or endangered was completed prior to the field visit (Table 1). A search of the project site found neither evidence of appropriate habitat for these species nor any evidence of these species occurring at the site. The North Carolina Natural Heritage Program lists of May 2003 included the federally listed species referred to above as well as additional species receiving protection under state laws. Natural Heritage Program maps were reviewed on February 10, 2003 to determine if any protected species have been identified near the project area. This map review confirmed that no protected species are known to occur within a one rnile radius of the project site. Agency consultation was undertaken for this project with the USFWS, NCDWQ, and North Carolina Wildlife Resources Commission (NCWRC). The USFWS commented that there are no known locations of listed species in the project area. The NCDWQ noted that if culverts are used as replacement structures, the impacts would be added together for both B-4690 and B-4691 since these projects cross the same stream and mitigation could be required. The NCWRC recommends a moratorium prohibiting instream work and land disturbance within the 25 foot trout buffer from October 15 to April 15 to protect the egg and fry stages of rainbow trout (Oncorbymbus mykiss) and brown trout (Salmo trutta). Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. Page 4 of 4 B-4690 and B-4691 Tucker Creek Transylvania County, North Carolina USGS4.5 Minute Topographic Quadrangle: Lake Toxamy Contour Interval 40 Feel Created 1946, PhotoreAsed 1969 Table 1. Protected Species Listed for Transylvania County, North Carolina Common Name Scientific Name Federal Preferred Habitat Vertebrates Bog turtle Clemmys muhlenbergii Carolina northern flying G/aucomys sabrinus colontus squirrel Invertebrates Appalachian elkloe Alasmidonta raveneliaha Oyster mussel Vascular Plants T(S/A) Slow, shallow, muck-bottomed rivulets of sphagnum bogs, calcareous fens, marshy/sedge-tussock meadows, spring seeps, wet cow pastures, and shrub swamps; habitat usually contains an abundance of grassy or mossy cover. The turtles depend on a mosaic of microhabitats for foraging, nesting, basking, hibernation, and shelter. Nests In open and elevated ground in areas of moss, grassy tussocks, or moist earth (see Bury 1979). Digs shallow nest or lays eggs in the top of a sedge tussock. Found in bogs, wet pastures, wet thickets of Mountain and Piedmont habitats. High elevation forests, mainly spruce-fir, in Mountain region. Prefers coniferous and mixed forest, but will utilize deciduous woods; riparian woods; optimal conditions have cool, moist, mature forest with abundant standing and down snags. Occupies tree cavities, leaf nests, underground burrows; prefers cavities in mature trees as den sites. Found in relatively shallow, medium-sized creeks and rivers with cool, clean, well- oxygenated, moderate- to fast-flowing water. Most often found in riffles, runs, and shallow flowing pools with stable, relatively silt-free, coarse sand and gravel substrate associated with cobble, boulders, and/or bedrock. Stability of the substrate appears to be critical, and the species is seldom found in stream reaches with accumulations of silt or shifting sand, gravel, or cobble. Only in the Little Tennessee and Nolichucky drainages at present. Habitat Available No No No Epioblasma capsaeformis E Inhabits small to medium rivers in areas with No coarse sand to boulder substratum (rarely in mud) and moderate to swift currents. It is sometimes found associated with water- willow (lusticia amedi na) beds and in pockets of gravel between bedrock ledges in areas of swift current. Mountain sweet pitcher Sarracenia jonesh plant Mountain region bogs and streamsides on No granite rockfaces along the Blue Ridge Divide. Page 1 of 2 , r- C Table t. Protected Species Listed for Transylvania County, North Carolina Common Name Scientific Name Federal Preferred Habitat Habitat Available Status in Study Area Small-whorled pogoni a Isotria medeoloides T White pine forests throughout Mountain and No Piedmont regions and open, dry, deciduous woods with acid soil. It occurs in habitat where there is relatively high shrub coverage or high sapling density Spreading avens Geum radiatum E Southern Blue Ridge Mountains on high- No elevation cliffs, outcrops, and steep slopes which are exposed to full sun; also in thin, - gravelly soils of grassy balds near summit outcrops. Swamp pink Helonias bullata T Wetlands that are saturated but not flooded, No including southern Appalachian bogs and swamps. Atlantic white cedar swamps, swampy forests bordering small streams; ' boggy meadows and spring seepage areas. Commonly associated with some evergreens, including while cedar, pitch pine, American larch, and black spruce. Nonvascular Plants Rock gnome lichen Gymnoderma lineare E On rocks in areas of high humidity either at No - high elevations (usually vertical cliff faces) or on boulders .& large rock outcrops in deep river gorges at lower elevations. Notes: E Endangered A taxon "in danger of extinction throughout all or a significant portion of its range." T Threatened A taxon "likely to become e ndangered with in the foreseeable future throughout all or a significant portion of its range." Page 2 of 2 REVISIONS 4 Q?yo W ? 1 ti m I 0 u 0 0 0 .70 o a? oO '0 x :z P? a m v - A ?ro S S a[^ 6a Zp