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19960855 Ver 1_Complete File_19990311
fyL ? ye M 5CATF r t 960855 ?R STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY August 26, 1996 RECEIVED U. S. Army Corps of Engineers Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 ATTN: Mr. Cliff Winefordner Chief, Southern Section Dear Sir: ;stir' u" 3 1996 .rte' •'Y 401 ISSUED SUBJECT: McDowell County, Replacement of Bridge No. 147 over Bradley Creek on SR 1123 and Bridge No. 50 over Crooked Creek. TIP No. B-2846, State Project No. 8.2870601, Federal Aid Project No. BRZ-1123(6). Attached for your information are copies of the categorical exclusion action classification form and the natural resources technical report for the subject project. The project is being processed by the Federal Highway Administration as a programmatic "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit but propose to proceed under a Nationwide Permit in accordance with 33 CFR 330 Appendix A (B-23) issued November 22, 1991, by the Corps of Engineers. The provisions of Section 330.4 and appendix A hese regulations will be followed in the construction project. We anticipate that 401 General Water Quality Certification No. 45 (Categori 1 Exclusion) will apply to this project, and are providing one copy f the CE d ument to the North Carolina Department of Environment, Health and Natura ources, Division of Water Quality, for their review. Since this project occurs in a designated trout county, a copy of this document is also being provided to the N. C. Wildlife Resources Commission for their review. f, 0 f_ ? i 2 If you have any questions or need any additional information, please contact Mr. Michael Wood at (919) 733-3141, Extension 315. Sincerel , H. Franklin Vick, PE, Manager Planning and Environmental Branch HFV/plr cc: w/ attachment Mr. Steve Lund, COE, NCDOT Coordinator Mrs. Stephanie Goudreau, NCWRC, Marion Mr. John Dorney, Division of Water Quality Mr. William J. Rogers, P.E., Structure Design w/o attachments Mr. Tom Shearin, P.E., Roadway Design Mr. Kelly Barger, P.E., Program Development Mr. Don Morton, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Mr. W. D. Smart, P.E., Division 13 Engineer Ms. Aileen S. Mayhew, P.E., Planning & Environmental 4 °Y CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. B-2846 State Project No. 8.2870601 Federal Aid Project No. BRZ-11230 A. Project Description: The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 50 over Crooked Creek and Bridge No. 147 over Bradley Creek on SR 1123 in McDowell County. Bridge No. 50 is located 244 meters (800 feet) north of Bridge No. 147. The general location of the two bridges is shown in Figure 1. Bridge No. 50 will be replaced with a bridge and Bridge No. 147 will be replaced with a culvert. The proposed roadway improvements include approximately 122 in (400 ft) of approach roadway work north of Bridge No. 50, approximately 244 in (800 ft) of roadway work between the two structures, and approximately 122 in (400 ft) of approach roadway work south of Bridge No. 147. Both bridges will be replaced at their existing locations. SR 1123 will be closed during construction. However, construction will be phased so that only one bridge is closed at a time, so as to maintain access to SR 1133, located between the bridges. Traffic will be maintained on existing area roads (see Figure 1 for detour route). B. Purpose and Need: The existing Bridge No. 50 was constructed in 1955. Bridge Maintenance Unit records indicate the bridge has a sufficiency rating of 35.9 out of a possible 100.0. The deck is only 6 in (20 ft) wide and is considered to be functionally obsolete. The existing Bridge No. 50 has posted load limits of 15 metric tons (16 tons) for single vehicles and 17 metric tons (19 tons) for truck-tractor semi-trailers. The existing Bridge No. 147 was constructed in 1951. Bridge Maintenance Unit records indicate the bridge has a sufficiency rating of 36.1 out of a possible 100.0. The deck is only 6.1 in (20.1 ft) wide and is considered to be functionally obsolete. The existing Bridge No. 147 has no posted load limits. ` For the reasons stated above, Bridge No. 50 and Bridge No. 147 need to be replaced. C. Proposed Improvements: Circle one or more of the following improvements which apply to the project: Tyne II Improvements 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 O3 Bridge rehabilitation, reconstruction, or replacement or the construction of grade separations to replace existing at-grade railroad crossings. a. 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 areas. 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. 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 and 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 y 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. D. Special Proiect Information: Environmental Commitments: 1. NCDOT's Best Management Practices for the Protection of Surface Waters and Sedimentation Control guidelines will be strictly enforced during the construction stage of the project to minimize impacts to water resources in the study area. Provisions to preclude unnecessary contamination by toxic substances during the construction period will also be strictly enforced. 2. Construction is likely to be authorized by provision of General Nationwide 404 Permit 33 CFR 330.5 (A) 23. A Section 401 Water Quality Certification will also be required for the project. 3. Foundation investigations will be required on this project. The investigation will include test borings in soil and/or rock for in-situ testing, as well as the obtaining of samples for laboratory testing. This may require test borings in streams and/or wetlands. 4. Crooked Creek and Bradley Creek are not designated trout waters and do not support trout; however, since McDowell County is a designated "trout county," the project has been coordinated with the North Carolina Wildlife Resources Commission (WRC). The WRC has stated that they are unaware of any other special concerns for this area (see attached WRC memos, pages A-1 and A-2). Design Information: Bridge No. 50 is to be replaced with a bridge approximately 55 in (180 ft) long and 8.6 in (28 ft) wide; this bridge width will provide for two 3.3-meter (11-foot) travel lanes with 0.9 in (3 ft) of lateral clearance on each side. Bridge No. 147 is to be replaced with a double barrel reinforced concrete box culvert (RCBC), approximately 3.4 in x 2.1 in (11 ft x 7 ft). The culvert will be of sufficient length to accommodate the proposed roadway typical section. The proposed culvert will require only minor channel widening upstream and downstream. The proposed roadway improvements include approximately 122 in (400 ft) of approach roadway work north of Bridge No. 50, approximately 244 in (800 ft) of roadway work between the two structures, and approximately 122 in (400 ft) of approach roadway work south of Bridge No. 147. The approach roadway to Bridge No. 50, the roadway over the proposed culvert at existing Bridge No. 147, and the roadway between these structures will consist of a 6.6-meter (22-foot) paved travelway with 1.8-meter (6-foot) grassed shoulders. The roadway grade will remain approximately the same as the existing grade. The proposed improvements are shown in Figure 2. The temporary off-site detour, which utilizes existing area roads, will require shoring up Bridge No. 103 on SR 1129. Presently, Bridge No. 103 does not have adequate posted load limits and shoring up this bridge will allow it to carry the weight needed for anticipated detour traffic. Estimated Costs: New Structure (Bridge) @ Bridge No. 50 $ 280,000 Structure Removal @ Bridge No. 50 $ 23,000 New Structure (Culvert) @ Bridge No. 147 $ 47,000 Structure Removal @ Bridge No. 147 $ 5,000 Roadway Approaches $ 119,000 Temporary Off-Site Detour $ 12,000 Misc. & Mobilization $ 142,000 Engineering & Contingencies $ 84,000 Right of Way $ 60,000 Total Cost $ 772,000 Note: The total cost reflects an increase from the TIP funding due to shoring up Bridge No. 103 along the temporary off-site detour. Estimated Traffic on SR 1123 at Project Site: Year 1997 - 600 Vehicles Per Day Year 2017 - 1600 Vehicles Per Day Design Speed: approximately 90 km/h (55 mph) Functional Classification: SR 1123 in McDowell County is not a classified route, and it carries traffic which is local in nature. ! 1 6 E Division Office Comments: The Division 13 Engineer concurs with the proposed improvements and with the temporary closure of the roadway during construction. Threshold Criteria If any Type II actions are involved in the project, the following evaluation must be completed. If the project consists only of Type I improvements, the following checklist does not need to be completed. ECOLOGICAL (1) Will the project have a substantial impact on any unique or important natural resource? (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? (3) Will the project affect anadromous fish? YES NO F? x ?x ?x (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3) acre and have all practicable measures ? to avoid and minimize takings been evaluated? N/A (5) Will the project require use of U. S. Forest Service lands? F1 X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? 7 X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters ? (HQW)? X L ? 7 (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 F-1 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 F-1 "Area of Environmental Concern" (AEC)? N/A (11) Does the project involve Coastal Barrier Resources Act X resources? (12) Will a U. S. Coast Guard permit be required? X (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? F] X SOCIAL AND ECONOMIC YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? F-1 X (16) Will the project require the relocation of any family or business? 1:1 X (17) If the project involves the acquisition of right of way, is the ? amount of right of way acquisition considered minor? X 8 (18) Will the project involve any changes in access control? (19) Will the project substantially alter the usefulness and/or land use of any adjacent property? (20) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? l y F-1 l ? X F-1 X X (21) 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 ? 1990)? X (22) Is the project anticipated to cause an increase in traffic volumes? (23) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? (24) Is there substantial controversy on social, economic, or environmental grounds concerning the project? (25) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the action? 1:1 X x F-1 ?x xF-1 CULTURAL RESOURCES YES NO (26) Will the project have an "effect" on properties eligible for or listed on the National Register of Historic Places? X (27) 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 Section 4(f) of the U. S. Department of Transportation Act of 1966)? 1-1 X J (28) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the natural Wild and Scenic Rivers? 1:1 X F. Additional Documentation Required for Unfavorable Responses in Part E Regarding Item E.8: The project is located within a designated "trout county" and has been coordinated with the North Carolina Wildlife Resources Commission (WRC). The WRC has stated that trout do not inhabit the river in the vicinity of the project and that the WRC is unaware of any other special concerns for this area (see attached WRC memos, pages A-1 and A-2). 10 G. CE Approval TIP Project No. B-2846 State Project No. 8.2870601 Federal Aid Project No. BRZ-1123(6) Project Description: NCDOT proposes to replace Bridge No. 50 over Crooked Creek and Bridge No. 147 over Bradley Creek on SR 1123 in McDowell County. Bridge No. 50 is located 244 m (800 ft) north of Bridge No. 147. The general location of the two bridges is shown in Figure 1. Bridge No. 50 will be replaced with a bridge and Bridge No. 147 will be replaced with a culvert. The proposed roadway improvements include approximately 122 m (400 ft) of approach roadway work north of Bridge No. 50, approximately 244 m (800 ft) of roadway work between the two structures, and approximately 122 m (400 ft) of approach roadway work south of Bridge No. 147. Both bridges will be replaced at their existing locations. SR 1123 will be closed during construction. However, construction will be phased so that only one bridge is closed at a time, so as to maintain access to SR 1133, located between the bridges. Traffic will be maintained on existing area roads (see Figure 1 for detour route). Categorical Exclusion Action Classification: (Check one) TYPE II (A) X TYPE II (B) Approved: 7- 1 Date Assistant Manager Planning & Enviro ental Branch 'lk I lmAIYL?- Date P je t Planning Unit Head Iz Q1 /rJ ate Project Planning For Type II (B) proje is only: ate Divisio Administrator jFederal Highway Administration ?j A. • ' 2 1246 24 ee 1 30 Gl >k e ou. e! :;?; - Ca 1246 'O c y. ne ,y0 1161 H !' 1246 232 cJ 1240 75 v? ........ ` $ 2 ' OLD FORT sf 1161 126 ' POP, 752 :. ; 1 1.2 4 5 "4/ cv . 1. . .. 322 , 1240 40 `? $: ?P 1234 234 •J I 1278- . 5 1240 1241 N 73 2 1243 Gi¢ 1242 '8 w 1 1112b 110 p, 1295 123 1238 v, 113 128a 129 2 X7.7 1240 1288 5 2 ,?•? ? n h .2 1136128 6 123 1135 1258 -\ A 1111 .3, s 1311 17 1136 1?11'Q 5 .1.2 .1 1135 t 1103 1298 1124 1 1123 1110 Moffitt b BRIDGE NO. 50 1289 '5 1125 ^ 1126 > 1127 282 \ 1106 c14 a S 1133 8 \\ GiOO ur1i 1134 3 11 28 HARRIS MT r A BRIDGE NO. 147 •4 104 1 129 1130 1 133 1123 •? 3 1103 6 (b 1105 w 12 1 23 1123 f 1131 .Si 102 y 1103 1132 STUDIED DETOUR ROUTE Ii., 7711"k TIP ID NO. B-2846 APPENDIX A CORRESPONDENCE FROM FEDERAL AND STATE AGENCIES P North Carolina Wildlife Resources 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-7 Charles R. Fullwood, Executive Director J .D MEMORANDUM z JUN 1 ° 1995 Z TO: H. Franklin Vick, P.E, Manager Planning and Environmental Branch, NCDOT XfF? FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program 4" ? LLc_-- DATE: June 16, 1995 SUBJECT: Review of scoping sheets for replacement of Bridge #50 on SR 1123 over Crooked Creek, McDowell County, TIP #B-2846. This correspondence responds to a request by you for our review and comments on the scoping sheets for the subject project. Biological staff of the North Carolina Wildlife Resources Commission have reviewed the scoping sheets for the subject project and have not identified any special concerns regarding this project. Although McDowell County is a trout county as designated by the U.S. Army Corps of Engineers, Crooked Creek does not support trout. Our comments on the 404 permit application will reflect this. Thank you for the opportunity to review and comment during the early stages of this project. If you have any questions regarding these comments, please contact me at 704/652- 4257. A-1 North Carolina Wildlife Resources Commission 9 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Aileen Scott, Project Planning Engineer Planning and Environmental Branch, NCDOT FROM: Stephanie E. Goudreau, Mt. Region Coordinator ' Habitat Conservation Program x/L „? f C - DATE: January 24, 1996 SUBJECT: Scoping comments for replacement of Bridge #50 over Crooked Creek and Bridge #147 over Bradley Creek along SR 1123, McDowell County, TIP #B-2846. This correspondence responds to a request by you for our review and comments on the scoping minutes for the subject project. I provided scoping comments to Mr. H. Franklin Vick of the North Carolina Department of Transportation (NCDOT) in a memorandum dated 16 June 1995 regarding the replacement of Bridge #50 over Crooked Creek. Since then, replacement of Bridge #147 over Bradley Creek has been added to this project. Biological staff of the North Carolina Wildlife. Resources Commission have reviewed plans for the replacement of both bridges and have not identified any special concerns regarding this project. Although McDowell County is a trout county as designated by the U. S. Army Corps of Engineers, Crooked and Bradley Creeks do not support trout. Our comments on the 404 permit applications will reflect this. Thank you for the opportunity to review and comment during the early stages of this project. If you have any questions regarding these comments, please contact me at 704/652- 4257. cc: Ms. Stephanie Briggs, NCDOT A-2 . yj s r STA ° STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY 17 November 1995 MEMORANDUM TO: Wayne Elliott, Unit Head Bridge Replacement Unit FROM: Bruce O. Ellis, Environmental Biologist Environmental Unit SUBJECT: Natural Resources Technical Report for Proposed Replacement of Bridges No. 50 and 147, over Crooked and Bradley Creeks, McDowell County, TIP No. B-2846; State Project No. 8.2870601; Federal Aid No. BRZ- 1123(6). ATTENTION: John Williams Project Planning Engineer The attached Natural Resources Technical Report provides inventories and descriptions of natural resources within the project area, and estimations of impacts likely to occur to these resources as a result of project construction. Pertinent information on wetlands and federally-protected species is also provided. Please contact me if you have any questions, or need this report copied onto disc format. cc: V. Charles Bruton, Ph.D. Hal Bain, Environmental Supervisor File: B-2846 dnk Replacement of Bridges No. 50 and No. 147 On SR 1123 Over Crooked and Bradley Creeks McDowell County TIP No. B-2846 Federal Aid Project No. BRZ-1123(6) State Project No. 8.2870601 Natural Resources Technical Report B-2846 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH ENVIRONMENTAL UNIT Bruce O. Ellis, Environmental Biologist 17 November 1995 .u TABLE OF CONTENTS 1.0 Introduction ........................................1 1.1 Project Description ...........................1 1.2 Purpose .......................................1 1.3 Methodology..... • ............................1 1.4 Qualifications of Investigator ................3 2.0 Physical Resources ..................................3 2.1 Soils ..........................................3 .2.2 Water Resources........ • .... ........ .......5 2.2.1 Waters Impacted and Characteristics...5 2.2.2 Best Usage Classification .............5 2.2.3 Water Quality........ ................6 2.2.4 Summary of Anticipated Impacts ........ 6 3.0 Biotic Resources ......... ..........................7 3.1 Terrestrial Communities .. .....................7 3.1.1 Maintained/Disturbed Community ........ 7 3.1.2 Alluvial Forest .......................8 3.2 Aquatic Communities ... .........................9 3.3 Summary of Anticipated Impacts .................9 4.0 Jurisdictional Topics. .. . ........................11 4.1 Waters of the United States ..................11 4.1.1 Characteristics of Wetlands and Surface Waters ..................11 4.1.2 Permits ...............................11 4.2 Rare and Protected Species ...... 12 4.2.1 Federally-Protected Species ........... 12 4.2.2 Federal Candidate and State Listed Species ..............15 5.0 References .........................................17 Table 1. Soils Series in Projeet Area ...................4 Table 2. Anticipated Impacts to Biotic Communities ..... 10 Table 2. Federally-Protected Species for McDowell County ......................... 13 Table 3. Federal Candidate and State Listed Species for McDowell County..... ..........16 Figure 1. Project Location ...............................2 Figure 2 Project Study Area ............................19 ` ., i' 1.0 INTRODUCTION The following Natural Resources Technical Report is submitted to assist in preparation of a Categorical Exclusion (CE) for the proposed project. The project is situated 4.8 km (3.0 mi) east southeast of the town of Moffitt Hill in McDowell County (Figure 1). 1.1 Project Description The proposed project calls for the replacement of Bridges No. 50 and No. 147 on SR 1123 over Crooked Creek and Bradley Creek respectively (Figure 2). Bridge No. 50 was built in 1955, and Bridge No. 147 was built in 1951, both are in need of replacement. The existing cross sections consist of 5.5 to 6.1 m (18.0 to 20.0 ft) pavement plus 0.6 to 1.5 m (2.0 to 7.0 ft) grass shoulders. The proposed cross sections are 6.6 m (22.0 ft) pavement plus 1.8 m (6.0 ft) shoulders. The existing right-of-ways are 12.2 m (40.0 ft). The proposed right-of-ways are 24.4 m (80.0 ft). Project length is approximately 366 m (1200 ft). It is proposed that the bridges will be replaced on existing locations with road closure. 1.2 Purpose The purpose of this technical report is to inventory, catalog and describe the various natural resources likely to be impacted by the proposed action. This report also attempts to identify and estimate the probable consequences of the anticipated impacts to these resources. Recommendations are made for measures which will minimize resource impacts. These descriptions and estimates are relevant only in the context of existing preliminary design concepts. If design parameters and criteria change, additional field investigations will need to be conducted. 1.3 Methodology Research was conducted prior to field investigations. Information sources used in this pre-field investigation of the study area include: U.S. Geological Survey (USGS) quadrangle map (Moffitt Hill), Natural Resources Conservation Service (NRCS) soil maps and NCDOT aerial photographs of project area (1:1200). Water resource information was obtained from publications of the Department of Environment, Health and Natural Resources (DEHNR, 1993) and from the NC Center for Geographic Information and Analysis (Environmental Sensitivity Base Map of McDowell County, 1992). Information concerning the occurrence of federal and state protected species in the study area was gathered from the Fish and 1a16 14 Sa J tat ••FAS R Mackey °Od 1414 .7 1%. . i ' 1458 Creelc PPf -70 6. e,1I`IB 1453 1227 GY` 25 1214 Greenlee r `+ 1 IAII 6 1246 4 c lrr?` `? 9 •:_:,'? ::`.1 FAS::• .6 1229 • 1410 Z`;i?.?'.? • ?C 1231 1230 Glee p 1246 1245 C o - - SOtl. ?' n 1247 1246 10 c 1241 Cane ,y0 1161 H 1246 232 1240 75 1248 OLD FORT 8 _•2 1161 1263 04 13 1407 POP. ,7.52;.";? 4.5 Fad 1.2 C,, 3 322 2y 1240 3 40 ?p? 1234 1234 1278--/ 1,0 1303 i 72 b' ?4 40 C, 1235 1240 1244 1254 ' 1241 `) :.c! 1243 ?? 8 © ef .': .. G{? 1242 •8 w RIVER .2;? C 1112b 1110 p- 1295 1237 1238 v, 1137 1283 1284 129 •2 f 1136 !t? 1240 1288 .5 Z ?,?•?d ,• 1 a h .2 .6128 •6 .2 1239 ry 1135 ? 1258 NA 1111 .3• s 1311 1317 1136 4. l 1 t 'p t 5 •1.2 .1 •4 `?' .7 1135 1124 .S 1103 1298 1 1123 1289 1110 `- b Moffitt b J 1128 Hill 1125 ^ 1 126 ? b 1282 1106 cv 1127 deb -7 1133 1109 0 .3 ? 112e •2 Gt? 113A. HARRIS MTN. ?U 08 •S 1106 1130 •tj -.4 .1104 1129 1133 1123 „ar 1104 3/ .6 N 1 106 1 103 g J??Q• 7- 1105 2 1123 ?O 1100 1123 •? f 1131 PROJECT LOCATION 1102 ' B-2846 1103 1132 Figure 1 1.3 J? t% ?L?O 1139 11at v 1.0 .6 J ,s 1140 ,O 1001 4 ` ` ' 1142 41140 3 Wildlife Service (FWS) list of protected and candidate species and the N.C. Natural Heritage Program (NHP) database of rare species and unique habitats. General field surveys were conducted along the proposed alignment by NCDOT biologists Bruce O. Ellis and Dale Suiter on 17 October 1995. Plant communities and their associated wildlife were identified and recorded. wildlife identification involved using one or more of the following observation techniques: active searching and capture, visual observations (binoculars), identifying characteristic signs of wildlife (sounds, scat, tracks and burrows). Organisms captured during these searches were identified and then released. Jurisdictional wetland determinations were performed utilizing delineation criteria prescribed in the "Corps of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987). 1.4 Qualifications of Investigator Investigator: Bruce O. Ellis, Environmental Biologist NCDOT. Education: BS Agriculture/Environmental Science Rutgers University, College of Agriculture and Environmental Science. Experience: Biologist, Allied Biological, Inc. March 1976-April 1994. Expertise: Aquatic resource management,. wetland delineations; Section 7 field investigations; NEPA investigations. 2.0 Physical Resources' Soil and water resources, which occur in the study area, are discussed below. Soils and availability of water directly influence composition and distribution of flora and fauna in any biotic community. The project study area lies within the portion of McDowell County that is situated within the Piedmont Physiographic Province. The topography in this section of McDowell County is characterized by rolling hills which are dissected by broad alluvial plains. Topography in vicinity of the project area is relatively flat since it is located in an alluvial plain. Project elevation averages 439 m (1440 ft) above mean sea level (msl). 2.1 Soils Four soil types (Table 1) occur within project boundaries: Rosman fine sandy loam, Biltmore fine loamy sand, Dillard loam and Hayesville-Evard Complex. Rosman fine sandy loam and Biltmore loamy sand are the dominant soil types found within the study area. Dillard loam and Hayesville- Evard complex are present to a lesser extent. 4 TABLE 1. SOIL SERIES IN THE PROJECT STUDY AREA Map Unit Soil Series Percent Drainage* Hydric** Symbol slope Class Classification BmA Biltmore 0-3 well and - mod well non hydric DdB Dillard 1-4 mod well inclusions+ HeD Hayesville- 6-25 well non hydric Evard Complex RoA Rosman 0-3 well non hydric * well and mod well, denote well.drained and moderately well drained respectively. ** Information obtained from National and county lists of hydric soils. + Hydric soil inclusions may be found along drainageways and in depressions. Rosman fine sandy loam is a nearly level soil located on floodplains. It dominates the southern half of the study area where it is associated with the floodplain of Bradley Creek. Rosman fine sandy loam has a seasonal high water table at 0.8 m (2.5 ft) below the surface during the winter months. Most areas where this soil is found are in pasture or cultivation. Biltmore loamy fine sand is a very deep soil that formed in recent stream sediments on flood plains. This soil is associated with the Crooked Creek flood plain, and dominates the northern portion of the project. Biltmore loamy fine sand is occupied by pasture and alluvial forest within the project study area. Hayesville-Evard Complex is composed of very deep soils formed in residuum weathered from gneiss or schist. This soil occupies a small area near the southern terminus of the project. This soil is well suited for locally grown crops and pasture. Dillard loam is a very deep soil that formed in old stream sediments. It is present on low stream terraces. A small area of Dillard loam is present south of Bridge No. 50. Dillard soils are listed as soils having hydric inclusions along drainageways and in depressions. Soil core samples taken throughout the project area revealed soils with a sandy silt texture. The soils did not exhibit hydric conditions, such as low chroma colors, accumulation of organic matter or mottling. Hydric soils, as 5 defined in the "Corps of Engineers Wetland Delineation Manual" were not observed within the project study area. 2.2 Water Resources This section contains information concerning those water resources likely to be impacted by the project. Water resource information encompasses physical aspects of the resource, its relationship to major water systems, Best Usage Standards and water quality of the resources. Probable impacts to these water bodies are also discussed, as are means to minimize impacts. 2.2.1 Waters Impacted and Characteristics Crooked Creek and Bradley Creek (Figure 2) are tributaries of the Catawba River. Both creeks are located in sub-basin no. 03-08-30 of the Catawba River Basin. The Catawba River has its origin in the eastern slopes of the Blue Ridge Mountains. It flows easterly until the outfall of Lake Hickory (Alexander county) and then begins to flow in a southerly direction. The Catawba River crosses the North Carolina/South Carolina state line near Charlotte. Bridge No. 147 spans Bradley Creek, which is a tributary to Crooked Creek. The average width of Bradley Creek in vicinity of Bridge No. 147 is 2.1 m (7.0 ft). Its average depth is 15.2 cm (6.0 in). The substrate is composed of rubble, gravel, sand and silt. Bradley Creek has its confluence with Crooked Creek approximately 30.5 m (100.0 ft) upstream of Bridge No. 50. Bridge No. 50 spans Crooked Creek which flows in a northeasterly direction at this location. The average width of Crooked Creek within the project study area is 9.1 m (30.0 ft) and the average depth is approximately 45.7 cm (18._0 in). The substrate consists of rubble, gravel, sand and silt. Under Bridge No. 50, the creek channel widens to approximately 15.2 m (50.0 ft). The creek bed at this location contains sand bars in vicinity of the creek banks. The banks of Crooked Creek rise 1.2 to 1.8 m (4.0 to 6.0 ft) above normal water levels. The floodplain contains evidence of recent overbanking which is indicated by scouring, over wash of vegetation and the presence of flotsam 0.3 to 0.6 m (1.0 to 2.0 ft) above ground level. 2.2.2 Best Usage Classification Streams have been assigned a best usage classification by the Division of Environmental Management (DEM). The classification of Bradley Creek (index no. 11-12-8) and Crooked Creek (index no. 11-12) is "C". The "C" 6 classification denotes waters life propagation and survival, recreation and agriculture. that,are suitable for aquatic fishing, wildlife, secondary Neither High Quality Waters (HQW), Water supplies (WS-i or WS-II) nor Outstanding Resource Waters (ORW) occur within 1.6 km (1.0 mile) of project study area. 2.2.3 Water Quality The Benthic Macroinvertebrate Ambient Network (BMAN) is managed by DEM and is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program assesses water quality by sampling for selected benthic macroinvertebrate organisms at fixed monitoring sites. Macroinvertebrates are sensitive to very subtle changes in water quality; thus, the species richness and overall biomass of these organisms are reflections of water quality. No BMAN data is available for Bradley Creek or Crooked Creek. Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) Program. Any discharger is required to register for a permit. No permitted dischargers are listed for Bradley Creek or Crooked Creek. 2.2.4 Summary of Anticipated Impacts Replacing an existing structure in the same location with a road closure during construction is almost always preferred. It poses the least risk to aquatic organisms and other natural resources. Bridge replacement on a new location usually results in more severe impacts. Project construction may result in the following impacts to surface waters: 1. Increased sedimentation and siltation from construction and/or erosion. 2. Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. 3. Alteration of water levels and flows due to interruptions and/additions to surface and ground water flow from construction. 4. Changes in water temperature due to vegetation removal. 5. Increased nutrient loading during construction via runoff from exposed areas. 6. Increased concentration of toxic compounds from highway runoff, construction and toxic spills. Precautions should be taken to minimize impacts to water resources in the study area, NCDOT'S Best Management Practices for the Protection of Surface Waters and Sedimentation Control guidelines should be strictly enforced during the construction stage of the project. Provisions to preclude unnecessary contamination by toxic substances during the construction interval should also be strictly enforced. 3.0 Biotic Resources Biotic resources include aquatic and terrestrial ecosystems. This section describes those ecosystems encountered in the study area, as well as, the relationships between fauna and flora within these ecosystems. Composition and distribution of biotic communities throughout the project area are reflective of topography, hydrologic influences and past and present land uses in the study area. Descriptions of the terrestrial systems are presented in the context of plant community classifications. Dominant flora and fauna observed, or likely to occur, in each community are described and discussed. Scientific nomenclature and common names (when applicable) are provided for each animal and plant species described. Subsequent references to the same organism will include the common name only. Faunal species observed during the site visit are noted with an asterisk (*). 3.1 Terrestrial Communities Two distinct terrestrial communities (Figure 2) are identified in the project study area: maintained/disturbed and alluvial forest. Community boundaries within the study area are well defined without a significant transition zone between them. Faunal species likely to occur within the study area will exploit both communities for shelter and foraging opportunities or as movement corridors. 3.1.1 Maintained/Disturbed Community The maintained/disturbed community is the dominant community type within the project area. This community is dominated by agricultural fields and also includes road shoulders that are periodically maintained. The northwestern quadrant, the roadway corridor between the two bridges and the southeastern quadrant are dominated by hay fields and pasture that consist of fescue (Festuca spp.) and orchard grass (Dactvlis clomerata), which are interspersed with wild radish (Rhaphanus raphanistrum), clover (Trifolium spp.) and henbit ( um spp.). 8 Road shoulder environment occurs along the entire length of the project. Flora within this periodically maintained community includes; fescue, buckhorn plantain (Plantaao lanceolata), barnyard grass (Echinochloa crusaalli) and clover. Faunal species that would inhabit or forage in this habitat would be species that prefer more open terrain and those species that have adapted to exploit a human dominated community. Faunal species that would be present include: white tailed deer* (Odocoileus virainianus), raccoon* (Procyon tor), woodchuck (Marmots on ), eastern cottontail (Sylvilaaus floridanus) and eastern harvest mouse (Reithrodontomys humulis). The black racer (Coluber constrictor) and rat snake (Elaphe obsoleta) will hunt small vertebrates in this community. Avian species that prefer open habitat include: mocking bird* (Mimus polvalottos), crow* (Corvus brachvrhvnchos) barn swallow (Hirundo rustica) and eastern meadowlark (Sturnella magna). Red-tailed hawk* ( u o iamaicensis) and American kestrel (Falco sparverius) can be found perching on tall trees and telephone poles while searching the fields for prey. Turkey vultures* (Cathartes aura) search for carrion while soaring above the open fields. 3.1.2 Alluvial Forest The alluvial forest is present along the Bradley Creek and Crooked Creek corridors and within an extensive floodplain area east of Bridge No. 50. The transition from alluvial forest to maintained/disturbed community is abrupt due to agricultural activities. The hydrology is palustrine with intermittent flooding during high flow periods. Periodic flooding provides nutrient input through sediment deposition making this system very productive. However, periodic flooding can also be a destructive factor during large storm events by undercutting banks and eroding soils. The canopy is composed of river birch (Betula niara), tulip poplar (Liriodendron tulipifera), sycamore (Platanus occidentalis), green ash (Fraxinus Qennsylvanica), mockernut hickory ( a a tomentosa) and red maple ( c r rubrum). The shrub layer consists of tag alder ( nu serrulata), elderberry (Sambucus canadensis), black cherry (Prunus serotina), flowering dogwood ( o u o a), spicebush (Lindera benzoin) and ironwoood (Carpinus caroliniana). Herbs within the alluvial forest include; giant cane (Arundinaria aiaantea), jewelweed (Impatiens capensis), Japanese grass (Microsteaium vimineum) and Christmas fern (Polvstichum acrostichoides). Japanese honeysuckle (Lonicera Japonica), trumpet vine (Campis radicans) and green brier (Smilax rotundifolia) comprise the vine layer of this community. wildlife associated with the alluvial forest include: two-lined salamander (Eurvicea bislineata), spring peeper (Hula crucifer), gray squirrel* (Sciurus carolinensis) and raccoon*. White-tailed deer* will use this small forest community for cover and will forage on twigs and leaves as well as mast. The belted kingfisher* (Meaacervle a c on) and red-winged blackbird (Aaelaius phoeniceus) find foraging and nesting habitat in this community. 3.2 Aquatic Communities Two aquatic communities, Bradley Creek and Crooked Creek, will be impacted by the proposed project. Physical characteristics of the water body and condition of the water resource influence faunal composition of aquatic communities. Terrestrial communities adjacent to a water resource also greatly influence aquatic communities. No aquatic vegetation was observed within either creek. Fauna associated with the aquatic community include various invertebrate and vertebrate species. Prey fish including shiners (Notropis spp.), chubs (Semotilus spp.), darters (Etheostoma spp.) and dace (Rhinichthvs spp.) provide foraging opportunities for redbreast sunfish (Lepomis auritis) and bluegill (L, macrochirus). Invertebrates observed in both Bradley Creek and Crooked Creek include: crayfish (family Cambaridae) and insect larvae; caddisfly (family Hydropsychidae) and water penny (Psephenus herricki). Northern water snake (Nerodia sipedon) will forage on small vertebrates in this community. Fish 1968, indicates that Crooked Creek is too small to be of fishing significance. 3.3 Summary of Anticipated Impacts Construction of the subject project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. This section quantifies and qualifies impacts to the natural resources in terms of area impacted and ecosystems affected. Temporary and permanent impacts are considered here as well. Calculated impacts to terrestrial resources reflect the relative abundance of each community present in the study area. Project construction will-result in clearing and degradation of portions of these communities. Table 1 summarizes potential quantitative losses to these biotic communities, resulting from project construction. Estimated impacts are derived using the entire proposed right of way width of 24.4 m (80.0 ft). Usually, project construction does not require the entire right of way, therefore, actual impacts may be considerably less. 10 TABLE 2. ANTICIPATED IMPACTS TO BIOTIC COMMUNITIES COMMUNITY IMPACTS Maintained/Disturbed 0.8(2.0) Alluvial Forest 0.3(0.8) TOTAL IMPACTS 1.1(2.8) Note: values cited are in hectares (acres). Plant communities found within the proposed project area serve as nesting and sheltering habitat for various wildlife. Replacing Bridges No. 50 and No. 147 and associated improvements will reduce habitat for faunal species, thereby diminishing faunal numbers. Habitat reduction concentrates wildlife into smaller areas of refuge, thus causing some species to become more susceptible to disease, predation and starvation. Areas modified by construction (but not paved) will become road shoulders and early successional habitat. Reduced habitat will displace some wildlife further from the roadway while attracting other wildlife by the creation of more early successional habitat. Animals temporarily displaced by construction activities will repopulate areas suitable for the species. This temporary displacement of animals may result in an increase in competition for the remaining resources. Aquatic communities are sensitive to even small changes in their environment. Stream channelization, scouring, siltation, sedimentation and erosion from construction- related work will effect water quality and biological constituents. Although direct impacts may be temporary, environmental impacts from these construction processes may result in long term or irreversible effects. Impacts often associated with in-stream construction include increased channelization and scouring of the streambed. In-stream construction alters the stream substrate and may remove streamside vegetation at the site. Disturbances to the substrate will produce siltation, which clogs the gills and/or feeding mechanisms of benthic organisms (sessile filter-feeders and deposit-feeders), fish and amphibian species. Benthic organisms can also be covered by excessive amounts of sediment. These organisms are slow to recover or repopulate a stream. Turbidity reduces light penetration thus decreasing the growth of aquatic vegetation. The removal of streamside vegetation and placement of fill material at the construction site alters the terrain. Alterations of the streambank enhances the likelihood of erosion and sedimentation. Revegetation stabilizes and holds the soil thus mitigating these processes. Erosion and 11 sedimentation carry soils, toxic compounds and other materials into aquatic communities at the construction site. These processes magnify turbidity and can cause the formation of sandbars at the site and downstream, thereby altering water flow and the growth of vegetation. Streamside alterations also lead to more direct sunlight penetration and to elevations of water temperatures which may impact many species. 4.0 JURISDICTIONAL TOPICS This section provides descriptions, inventories and impact analysis pertinent to two important issues--Waters of the United States and rare and protected species. 4.1 Waters of the United States Surface waters and wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Register (CRF) Part 328.3. Wetlands, defined in 33 CFR 328.3, are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated conditions. Any action that proposes to place fill into these areas falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). 4.1.1 Characteristics of Wetlands and Surface Waters Potential wetland communities were investigated pursuant to the 1987 "Corps of Engineers Wetland Delineation Manual". The three parameter approach is used where hydric soils, hydrophytic vegetation and prescribed hydrologic characteristics must all be present for an area to be considered a wetland. No jurisdictional wetlands were observed within the project area, however, jurisdictional surface waters are present. 4.1.2 Permits Impacts to jurisdictional surface waters are anticipated. In accordance with provisions of section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from,the COE for the discharge of dredged or fill material into "Waters of the United States." McDowell County is one of 25 counties which contains WRC designated "Trout Waters". General permits are not available in these counties without concurrence from the WRC. A Nationwide 404 permit 33 CFR 330.5 (A) 23, for impacts to surface waters is likely to be applicable if the WRC . C r 12 certifies that construction of this project will not adversely affect trout waters. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in whole or in part, by another Federal agency or department. Projects are categorically excluded from environmental documentation, because their construction will neither individually nor cumulatively have a significant environmental effect. A North Carolina Division of Environmental Management (DEM) Section 401 Water Quality General Certification is required prior to the issuance of the nationwide ##23. Section 401 Certification allows surface waters to be temporarily impacted for the duration of the construction or other land manipulations. 4.2 Rare and Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with man. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely a species classified as federally-protected, be subject to review by the Fish and Wildlife (FWS). other species may receive additional protection under separate state laws. 4.2.1 Federally-Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of March 28, 1995, the FWS lists the following federally-protected species for McDowell County (Table 3). A brief description of each species' characteristics and habitat follows. 13 TABLE 3. FEDERALLY-PROTECTED SPECIES for McDOWELL COUNTY Scientific Name Common Name Status Glaucomvs sabrinus Carolina northern coloratus flying squirrel E Hedovtis purpurea var. montana Roan Mountain bluet E Hudsonia montana mountain golden heather T "E" denotes Endangered (a species that is threatened with extinction throughout all or a significant portion of its range). "T" denotes Threatened (a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range). Glaucomvs sabrinus coloratus (northern flying squirrel) E Animal Family: Sciurdiae Date Listed: 7/1/85 Distribution in N.C.: Avery, Buncombe, Graham, Haywood, Jackson, McDowell, Mitchell, Swain, Transylvania, Watauga, Yancey. The Carolina northern flying squirrel has a large well furred flap of skin along either side of its body. This furred flap of skin is connected at the wrist in the front and at the ankle in the rear. The skin flaps and its broad flattened tail allow the northern flying squirrel to glide from tree to tree. It is a solely nocturnal animal with large dark eyes. There are several flying squirrel in the the Tennessee border. meters (5000 ft) in the hardwood and coniferous to search for food and nesting sites. BIOLOGICAL CONCLUSION isolated populations of the northern western part of North Carolina, along This squirrel is found above 1517 vegetation transition zone between forests. Both forest types are used the hardwood forest is used for NO EFFECT Suitable habitat in the form of hardwood and coniferous forest communities does not exist for the northern flying squirrel within the project study area. Project elevation is 439 m (1440 ft)' above msl which is considerably lower than elevations where the squirrel is normally found. The NC Natural Heritage Program data base of rare species and unique habitats has no record of the northern flying squirrel in or near the project study area. Therefore, project construction will not affect the northern flying squirrel. z C? ? 14 Hedvotis purpurea var. montana (mountain purple or Roan Mountain bluet) E Plant Family: Rubiaceae Federally Listed: April 5, 1990 Flowers Present: June - July (best time is mid June) Distribution in N.C.: Ashe, Avery, Burke, McDowell, Mitchell, Watauga, Yancey. Roan Mountain bluet is a perennial species with roots and grows in low tufts. Roan Mountain bluet has several bright purple flowers arranged in a terminal cyme. This plant can be found on cliffs, outcrops, steep slopes, and in the gravelly talus associated with cliffs. Known populations of Roan Mountain bluet occur at elevations of 1400-1900 meters (4600-6200 ft). It grows best in areas where it is exposed to full sunlight and in shallow acidic soils composed of various igneous, metamorphic, and metasedimentary rocks. BIOLOGICAL CONCLUSION NO EFFECT Suitable habitat in the form of cliffs, outcrops, steep slopes and gravelly talus is not present within the project study area. Project elevation is 439 m (1440 ft) above msl which is considerably lower than elevations where the Roan Mountain bluet is normally found. The NC Natural Heritage Program data base of rare species and unique habitats has no record of the Roan Mountain bluet in or near the project study area. Therefore, project construction will not affect the Roan Mountain bluet. Hudsonia montana (mountain golden heather) T Plant Family: Cistaceae Federally Listed: October 20, 1980 Flowers Present: June (mid to late) Distribution in N.C.: Burke, McDowell. Mountain golden heather is a low, needle-leaved shrub that is yellow-green in color. This shrub usually grows in clumps and retains its leaves from the previous year which appear scale-like on the older branches. Leaves appear awl- shaped and thread-like. Mountain golden heather forms solitary, terminal, lanceolate flowers. These yellow flowers have five blunt-tipped petals and 20 to 30 stamens. Fruit capsules have three projecting points at the tips and are round in shape. Hudsonia montana occurs in weathered rocky soils on mountain tops, with known populations found at elevations of 850-1200 meters (2800-4000 ft). It can be found on exposed quartzite ledges in an ecotone between bare rock and heath balds dominated by Leiophvllum spp. which merge into pine forest. Plants do live in partially shaded areas, but do not M 4" 11 15 appear to be as healthy as those found in open areas. A critical habitat area for mountain golden heather exists in Burke County. BIOLOGICAL CONCLUSION NO EFFECT suitable habitat for mountain golden heather, in the form of weathered rocky soils on mountain tops does not exist within the project area. Project elevation is 439 m (1440 ft) above msl which is considerably lower than elevations where the mountain golden heather is normally found. The NC Natural Heritage Program data base of rare species and unique habitats has no record of mountain golden heather in or near the project study area. Therefore, project construction will not affect mountain golden heather. 4.2.2 Federal Candidate and State Listed Species There are 11 Federal Candidate (C2) species listed for McDowell County. Federal Candidate species are not afforded federal protection under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Candidate 1 (C1) species are defined as taxa for which the FWS has on file enough substantial information on biological vulnerability and threat(s) to support proposals to list them as Endangered or Threatened. Candidate 2 (C2) species are defined as organisms which are vulnerable to extinction although no sufficient data currently exist to warrant a listing of Endangered, Threatened, Proposed Endangered or Proposed Threatened. Organisms which are listed as Endangered (E), Threatened (T), or Special Concern (SC) by the North Carolina Heritage Program list of Rare Plant and Animal Species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. Table 4 lists Federal Candidate and State listed species, the species state status (if afforded state protection) and the existence of suitable habitat for each species in the study area. This species list is provided for information purposes as the status of these species may be upgraded in the future. t ? •4 nL .. 16 TABLE 4. FEDERAL CANDIDATE AND STATE LISTED SPECIES for McDOWELL COUNTY NC Scientific Name Common Name Status Habitat Mvotis subulatus Eastern small- SC yes leibii footed bat Neotoma £loridana Eastern woodrat SC no maaister Dendroica cerulea Cerulean warbler SR no Contopus borealis olive-sided flycatcher SC no Clemmvs muhlenberaii Bog turtle T no Caecidotea carolinens is Bennett's Mill cave water slater SR no Speveria diana Diana fritillary SR yes butterfly Tualands cinerea Butternut W5 no iliu aravi Gray's lily T-SC no Shortia clalacifolia Oconee-bells E-SC no Shortia aalacifolia Short-styled oconee- E-SC no var. brevistvla bells SR denotes "significantly rare" W5 denotes "watch list". Surveys for these species were not conducted during the site visit, nor were any of these species observed. A review of the N.C. Natural Heritage Program data base of rare species and unique habitats revealed no records of North Carolina rare and/or protected species in or near the project study area. 17 5.0 REFERENCES American ornithologists' Union. 1983. Check-list of North American Birds (6th ed.). Lawrence, Kansas, Allen Press, Inc. Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Fish, F.F., 1968, "A Catalog of the Inland Fishing Water in North Carolina", North Carolina Wildlife Resources Commission, Raleigh. Lee, D.S., J.B. Funderburg, Jr. and M.K. Clark. 1982. A Distributional Survey of North Carolina Mammals. Raleigh, North Carolina Museum-of Natural History. LeGrand, Jr., H.E. 1993. "Natural Heritage Program List of the Rare Animal Species of North Carolina". North Carolina Natural Heritage Program. Martof, B.S., W.M. Palmer, J.R. Bailey and J.R. Harrison III. 1980. Amphibians and Reptiles of t e Carolinas and Virginia. Chapel Hill, The University of North Carolina Press. Menhenick, E.F. 1991. The Freshwater Fishes of North Carolina. N.C. WRC., Raleigh. NCDEHNR-DEM. 1988. Benthic Macroinvertebrate Ambient Network (BMAN) Water Quality Review 1983-1986. NCDEHNR-DEM. 1991. Biological Assessment of Water Quality in North Carolina Streams: Benthic Macroinvertebrate Data Base and Long Tern Changes in Water Quality, 1983- 1990. NCDEHNR-DEM. 1993. "Classifications and Water Quality Standards for North Carolina River Basins." Raleigh, Department of Environment, Health and Natural Resources. NCWRC. 1990. "Endangered Wildlife of North Carolina". Raleigh, North Carolina Wildlife Resources Commission. Plant Conservation Program. 1991. "List of North Carolina's Endangered, Threatened and Candidate Plant Species". Raleigh, North Carolina Department of Agriculture. Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. Chapel Hill, The University of North Carolina Press. .? ., A.? • r*t r is Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the vascular Flora of the Carolinas. Chapel Hill, The University of North Carolina Press. Schafale, M.P. and A.S. Weakley. 1990. Classification of The Natural Communities of North Carolina. Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. U.S. Department of Agriculture, Soil Conservation Service. North Carolina Agriculture Experiment Station. U.S. Fish and Wildlife Service. 1979. Classifications of Wetlands and Deepwater Habitats of the United States., U.S. Government Printing Office, Washington D.C. Weakley, A.S. 1993. "Natural Heritage Program List of the Rare Plant Species of North Carolina". North Carolina Natural Heritage Program. Webster, W.D., J.F. Parnell and W.C. Biggs. 1985. Mammals of the Carolinas. Virginia and Maryland. Chapel Hill, The University of North Carolina Press. t.r. W ~;? ( ii,1. r?s l:V ?} rt is T -?1 Gts? 4-3 Tj T'?R•? _ Y. tJf;v? - E 7 ? wt7 .. ra o ?' l "lt? ,,y :? C) cu Lr) CO ?S ?1.y 1 E- H r: 04 r '??Z1.:1?`t7 ?• ? a r J;' ?;. 4i ?.'?'):;',,"r?Sj:;?111 t`r' :?r?? ?`?t? ?( ?? ?,` r???? t.ti ?? ?y.v -,-?-?. '•r?3}S.k ": -:?t,Z? .'f Y. '.r ??1;?' 2, t?.? J1• t ? \s?tl .?? `r. (•'?7 ?` ? , ,{, t ' • y iS? ???1•? ;.,?„ .?,: `ri ??'l-?44? t,t; , 1 ,1 :? ??) F ,4A1?'??.??'J? ??` •A•lt?•• c.??•.'!t; .r,? t? fFiit .; 1:•'j?f -? ?\? #? •i,S ?• '?7i r I 'Y' .' t? j11???yT ?ll:l b i?,??•<<' ?f;`T.1t':)1?.. 1 IC' \•,F '.,vt ( ,,?? '?ft,f?arti r144'J', :?4,?.•1•;.h ??.?ri ?r}'•(;,?t .4 40 (? •rl ` f:!' i p.r . /`.•? ..k' •rt' Y (?1 L, r ? ' .•1:.' .` _ • - - 1 :: `n i.._ •j`11;.•?.•••?.-•::?. •`? w ?J??ISY?{.?•T'4'c', ?;.f?,, Ql ?}CA\•?• ';? I:.:l?:?', '•t J?:.?`''??"?,''•`?'?^•?i'r'_.• '.`?i :'- ?fafr(r>J r c :. `t:;.:`r^_ . 7 , `,` , . ?,.:. v t.. ?'`,? •, r-A ^?? l'rl:.J;?rf ?r / . a ?'?. tS? •?:f. '^'?t'-cl•:•, '' .i• 3-1 ?1 " _ I r-i r-i qtr.. '•t'1 i7 y. .j`r.?'•? ?l i ?- lam(, ?i?• ,' c?• ?'? : { i U • 4 !i.,.c? ..?';,i?'S h rr? r- t??.i3t.. ... ?' w ???.?•;?•. STATE OF NORTH CAROLINA GOVERNOR March 11, 1999 cf (? o Es -s "o (J&Uule DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201. RALEIGH. N.C. 27611-5201 E. NORRIS TOLSON SECRETARY US Army Corps of Engineers Asheville Field Office 151 Patton Avenue. Room 143 Asheville. North Carolina 28801-5006 ATTN: Mr. Steve Lund NCDOT Coordinator Dear Sir: SUBJECI: Nationwide Permit 23 Renewal Application for Bridge No. 50 over crooked creek and Bridge No. 147 over Bradley Creek, McDowell County, TIP NO. B-2846. ACTION ID 199604317 The Corps of Engineers (COE) issued a Section 404 Nationwide Permit 23 for the subject project on October 31, 1996. This permit expired in January of 1997. The replacement of the Bridge No. 50 and Bridge No. 147 is scheduled to be let to construction in October 19, 1999. Consequently, the Department of Transportation (DOT) needs to renew authorization for this work. A copy of the Nationwide Permit 23 is attached. The information regarding the project description has not changed since the distribution of the programmatic Categorical Exclusion and the Natural Resources Technical Report in a letter dated August 26, 1996. The Bridge No. 50 will be replaced with a new bridge structure and Bridge No. 147 will be replaced with a double barrel 11 foot by 7 foot reinforced concrete box culvert. Both bridges will be replaced at their existing location. Traffic will be maintained on an off-site detour during bridge construction. The NCDOT requests that the COE reauthorize this bridge replacement project under a Section 404 Nationwide Permit 23. A Reissuance of the 401 Water Quality Certification by the Division of Water Quality is also requested. If you have any questions or need additional information please call Kendra Williamson (919) 715-0248. 1 Sincerely. William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch cc: Mr. David Franklin, COE, Wilmington Mr. John Dorny, Division of Water Quality Mr. Mark Davis, NCWRC Mr. William Rogers, P.E., Structure Design Mr. Tom Shearin, P.E.. Roadway Design Mr. Whit Webb, P.E., Program Development Mr. Len Hill. P.E., Highway Design Mr. A.L. Hankins, P.E., Hydraulics Mr. William D. Smart P.E.. Division 13 Enginee- Ms. Aileen Mavhew, PDEA REPLY TO ATTENTION OF Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 31, 1996 50. I. Action ID No. 199604317 and Nationwide Permit No. 23 (Approved Categorical Exclusions); TIP No. B-2846 Mr. Frank Vick State of North Carolina Department of Transportation Planning & Environmental Branch Post Office Box 25201 Raleigh, North Carolina 27611-5202 Dear Mr. Vic):: RE 6 C . 1996 ?1'f?ErrrA? 0 Reference your August 26, 1996 application for Department of the Army (DA) authorization to replace Bridge #50 over Crooked Creek and Bridge #147 over Bradley Creek on SR 1123, near Moffitt Hill, in McDowell Coun-. _, North Carolina. Bridge #50 is located 800 feet north of Bridge #147. Bridge 450 will be replaced with a new bridge structure and Bridge #147 will be replaced with a double barrel 11 foot by 7 foot reinforced concrete box culvert. The proposed roadway improvements include approximately 400 feet of approach roadway work north of Bridge #50, approximately 800 feet of roadway work between the two structures, and approximately 400 feet of approach roadway work south of Bridge 4147. Both bridges will be replaced at their existing locations and SR 1123 will be closed during construction. Traffic will be maintained on existing area roads. No wetlands will be impacted and there will be minimal disturbance to the waters of Crooked Creek and Bradley Creek as a result of the project. This project has been coordinated with the North Carolina Wildlife Resources Commission. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for activities undertaken, assisted, authorized, regulated, funded or financed, in whole or in part, by another Federal agency or department where that agency or department has determined, pursuant to the CEQ Regulation for the Implementing the Procedural Provisions of the National Environmental Policy Act, that the activity, work or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and the office of the Chief of Engineers has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. -2- Your work is authorized by this nationwide permit provided it is 'accomplished in strict accordance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Department of Environment, Health, and Natural Resources, Division of Water Quality. You should contact Mr. John Dorney, telephone (919) 733-1786, regarding water quality certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid until the nationwide permit is modified. reissued or revoked. All the nationwide permits are scheduled to be modi`_ieu, reissued or revoked prior to 21 January 1997. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the preser._ terms and conditions of this nationwide permit. If you have any questions, please contact Mr. Steve Chapin in our Asheville Regulatory Field Office.at (704) 271-4014. Sincerely, "? &"" 0 - ??? 1 1! Robert W. Johnson I?? Office Manager Asheville Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607