19960712 Ver 1_Complete File_19960729

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
July 17, 1996
U. S. Army Corps of Engineers 4001 SSkjE®
Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN.: Mr. Cliff Winefordner
Chief, South Section
Dear Sir:
9 6 pJ .1 Z
GARLAND B. GARRETT JR.
SECRETARY
RECEIVED
Jot 2 91996
ENVIRONMENTAL SCIENCES
^u
Subject: Catawba County, Replacement of Bridge No. 152 over Balls Creek
on SR 1003, Federal Project No. BRZ-1003(14), State Project
No. 8.2790801, T.I.P. No. B-2119.
Please find enclosed three copies of the project planning report for the above
referenced project. Bridge No. 152 will be replaced approximately 61 meters (200 feet)
north of the existing location with a bridge 73 meters (240 feet) long and 9.2 meters (30
feet) wide. Traffic will be maintained on the existing structure during construction.
Construction of the proposed project will not impact any jurisdictional wetland
communities. A Section 4(f) Evaluation was performed and approved in accordance with
36 CFR Section 800 and regulations implementing Section 106 of the National Historic
Preservation Act (16 USC 470f).
The project is being processed by the Federal Highway Administration as a
"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 Appendix A (B-23). The provisions of Section 330.4
and Appendix A (C) of these regulations will be followed in the construction of the
project.
We anticipate the 401 General Certification No. 2745 (Categorical Exclusion) will
apply to this project, and are providing one copy of the CE document to the North
Carolina Department of Environment, Health and Natural Resources, Division of
Environmental Management, for their review.

If you have any questions or need additional information please call Ms. Alice N.
Gordon at [phone], Ext. 307.
Sincerely
H. Franklin Vick, P. E., Manager
Planning and Environmental Branch
HFV/mlt
cc: w/attachment
Mr. Steve Lund, Corps of Engineers, Asheville Field Office
Mr. John Dorney, NCDEHNR, Division of Environmental Management
Mr. Kelly Barger, P. E. Program Development Branch
Mr. Don Morton, P. E., Highway Design Branch
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. John L. Smith, Jr., P. E., Structure Design Unit
Mr. Tom Shearin, P. E., Roadway Design Unit
Mr. R. W. Spangler, P. E., Division 12 Engineer
Mr. John L. Williams, P & E Project Planning Engineer
Catawba County
Bridge No. 152 on SR 1003
Over Balls Creek
Fedral Aid Project No. BRZ-1003(14)
State Project No. 8.2790801
. T.I.P. No. B-2119
CATEGORICAL EXCLUSION
AND
FINAL SECTION 4(f) EVALUATION
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADM NISTRATION
AND
N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
APPROVED:

Datef;rH. Franklin Vick, P.E., Manager
Planning and Environmental Branch
-/ZV y'6 Ze'tl r- 7
Datef-14icho L. Graf, P.E., Division Administrator
Federal Highway Administration
Date Federal n Larson, P.E. Regional Administrator
f ,1 Highway Administration
Catawba County
Bridge No. 152 on SR 1003
Over Balls Creek
Fedral Aid Project No. BRZ-1003(14)
State Project No. 8.2790801
T.I.P. No. B-2119
CATEGORICAL EXCLUSION
AND
FINAL SECTION 4(f) EVALUATION
JANUARY 1996
Documentation Prepared in Planning and Environmental Branch By:
Date Jot. n L. Williams
Project Planning Engineer
/-29-96 kjo h (--
Date Wayne lliott
Bridge Project Planning Engineer, Unit Head
1-31-9` ?f, /'
Date Lubin V. Prevatt, P.E., Assistant Manager
Planning and Environmental Branch
01101111111111J, +f
SEAL
6976
Catawba County
Bridge No. 152 on SR 1003
Over Balls Creek
Fedral Aid Project No. BRZ-1003(14)
State Project No. 8.2790801
T.I.P. No. B-2119
1. SUMMARY OF PROJECT
Bridge No. 152 crosses Balls Creek in Catawba County. It is included in the 1996-
2002 Transportation Improvement Program (T.I.P.) as a bridge replacement project. The
Federal Highway Administration (FHWA) and the North Carolina Department of
Transportation (NCDOT) classify this project as a federal Categorical Exclusion. These
agencies expect no substantial environmental impacts.
Bridge No. 152 will be replaced on new location north of the existing alignment as
shown by Alternate 3A, Figure 2. The recommended replacement structure is a bridge
approximately 73 meters (240 feet) long. It will provide 9.2 meters (30 feet) of clear
roadway width. Approximately 396 meters (1,300 feet) of new approach roadway will
improve the horizontal alignment, providing a design speed of approximately 80 km/h (50
mph) (a sag vertical curve in the proposed alignment will have a 65 km/h(40 mph) design
speed). The new roadway will have a 6.6-meter (22-foot) wide travelway and 2.4-meter (8-
foot) shoulders at approximately the same grade as the existing roadway.
Traffic will be maintained on the existing bridge during construction.
The estimated cost of the project is $1,025,000 including $55,000 for right of way
and $970,000 for construction. The estimated cost shown in the 1996-2002 TIP is
$465,000.
II. ANTICIPATED DESIGN EXCEPTIONS
The project may require a design exception for design speed.
III. SUMMARY OF PROJECT COMMITMENTS
Best Management Practices will be implemented throughout construction.
The existing western roadway approach to the bridge will be left on the State
system. The existing eastern approach will be taken off the state system and the pavement
removed. The State Historic Preservation Office and Catawba County Historical
Association (CCHA) will be given opportunity to review and comment on plans for treating
the existing roadway approaches.
A North Carolina Division of Environmental Management (DEM) Section 401
Water Quality General Certification will be obtained prior to issue of the Corps of
Engineers Nationwide Permit No. 23.
The following commitments will be implemented to minimize and mitigate impacts
to the Murray's Mill Historic District:
1. The Historic District and its setting will be recorded before any construction is
initiated using the Historic Buildings and Landscape Recordation Plan, attached
to the Memorandum of Agreement (MOA) between the FHWA and the State
Historic Preservation Office (SHPO). See Appendix 2 for a copy of the MOA.
r
2. NCDOT will minimize clearing and grubbing for construction of the new road
and install a vegetative buffer on the south side of the new road through the
Historic District. A landscaping plan, which includes the design and selection of
plant materials, will be developed in consultation with the USFWS, SHPO and
the CCHA. The plan will emphasize the rural and natural characteristics of the
area rather than being formal. NCDOT will replace, in-kind, any plant materials
damaged or lost within two (2) years of installation.
3. NCDOT will minimize the amount of fill used to construct the new roadway
and creek crossing by maximizing side slopes. NCDOT will use one-bar metal
rail bridge rail on the replacement bridge.
4. NCDOT will provide the North Carolina SHPO and the CCHA an opportunity
to review and comment upon plans for treatment of the existing road and access
into the Historic District.
5. NCDOT will provide the CCHA with a structural evaluation of the existing
bridge. NCDOT will consult with the CCHA to investigate the feasibility of
replacing the existing bridge with a metal truss bridge that is compatible with
the Historic District. If a suitable bridge is identified and can be installed at the
existing crossing, NCDOT and the CCHA will execute a cooperative agreement
in accordance with NCDOT's Historic Bridge Preservation Program (Appendix
3 includes a copy of a sample agreement).
In addition to minimizing fill along the recommended alternate, NCDOT will
implement the following commitments to minimize and mitigate impacts to the federally-
protected dwarf-flowered heartleaf (see Appendix 2 for the Biological Opinion of the U.S.
Fish and Wildlife Service):
6. NCDOT will purchase land from willing sellers to establish a preserve area for
existing plants and habitat. This preserve will be turned over to private
ownership for maintenance and protected in perpetuity (the likely owner will be
the CCHA).
7. In the event that establishing a preserve in the project area is not feasible,
NCDOT will pursue establishing a preserve at another location, or establishing
conservation easements in the project area, whichever is feasible.
8. A pre-bid and pre-construction conference will be held by the NCDOT to notify
contractors of the need to abide by any special provisions to protect the
Hexastylis population. These conferences will be attended by at least one
representative from the Planning and Environmental Branch and Roadside
Environmental Unit. The USFWS Asheville Field Office will also be invited.
9. The USFWS Asheville Field Office will be notified at least one month in
advance of the start of construction to allow opportunity to transplant
specimens from the project impact area. The NCDOT, if resources allow, will
provide staff to assist with any transplantation efforts.
IV. EXISTING CONDITIONS
NCDOT classifies SR 1003 as a rural minor collector route in the Statewide
Functional Classification System.
Near Bridge No. 152, SR 1003 has a 6.1-meter (20-foot) wide travelway plus 0.9-
meter (3.0-foot) grassed shoulders. Vertical and horizontal alignment are poor in proximity
to the bridge. The alignment provides a design speed of approximately 24 km/h (15 mph).
The bridge grade is 7.0 meters (23.0 feet) above stream bottom. Water depth is
approximately 0.3 meter (1.0 foot).
The current traffic volume is 1,900 vehicles per day. Traffic volume is projected to
be 3,500 vehicles per day in 2020. Truck percentages are 1% TTST (truck-tractor semi-
trailer) and 2% dual-tired vehicles. Speed limit in the area is 40 km/h (25 mph).
NCDOT built the existing bridge in 1961. It has a timber deck on I-beams and
double, continuous channels. Total length is 24 meters (79 feet) with a clear roadway width
of 6 meters (20 feet). Bridge No. 152 carries two lanes of traffic and has posted load limits
of 22.7 metric tons (25 tons) for single vehicle and 26.4 metric tons (29 tons) for TTST.
According to Bridge Maintenance Unit records, the sufficiency rating is 32.5 of a
possible 100. 0, with an estimated remaining life of eight years.
Consultation with the Traffic Engineering Branch indicates three accidents occurred
at the bridge between 1 April 1989 and 31 March 1994. This translates to an accident rate
of 732 ace/100 MVM compared to a statewide average of 185 acc/100 MVM for similar
roads.
The Transportation Director for Catawba County Schools indicated there are 10
school bus crossings daily (five buses crossing twice each).
V. ALTERNATIVES
There are six build alternatives for replacing Bridge No. 152.
Alternate 1 would replace Bridge No. 152 at the existing location with road closure
during construction. The recommended replacement structure would be a long-span arch
with a 7.3-meter (24.0-foot) span and 3.6-meter (12.0-foot) rise. Traffic would be
maintained on existing area roads (Figure 1). Design speed on the existing alignment is
approximately 24 km/h (15 mph).
Alternate 2 would replace Bridge No. 152 on new location, approximately 12.2
meters (40.0 feet) north of the existing bridge (see Figure 2). The recommended
replacement structure would be the same as Alternate 1. Traffic would be maintained on
the existing bridge during construction. Design speed would be approximately 30 km/h (20
mph).
Alternate 3 would replace Bridge No. 152 on new location, approximately
61 meters (200 feet) north of the existing bridge (see Figure 2). The recommended
replacement structure would be the same as Alternate 1.. Approximately 396 meters (1,300
feet) of new approach roadway would improve the horizontal alignment, providing a design
speed of approximately 80 km/h (50 mph). The new roadway would have a 6.6-meter
(22.0-foot) wide travelway and 2.4-meter (8.0-foot) shoulders at approximately the same
grade as the existing roadway. Traffic would be maintained on the existing bridge during
construction.
Alternate 3A (Recommended) will replace Bridge No. 152 with a bridge
approximately 73 meters (240 feet) long on new location, approximately 61 meters (200
feet) north of the existing bridge (see Figure 2). The bridge will provide a 7.2-meter (24-
foot) wide travelway with a 1-meter (3-foot) offset on each side. Approximately 396
meters (1,300 feet) of new approach roadway will improve the horizontal alignment,
providing a design speed of approximately 80 km/h (50 mph). The new roadway will have
a 6.6-meter (22.0-foot) wide travelway and 2.4-meter (8.0-foot) shoulders at approximately
the same grade as the existing roadway. Traffic will be maintained on the existing bridge
during construction.
Alternate 4 would replace Bridge No. 152 on new location approximately 305
meters (1000 feet) north of the existing bridge (see Figure 2). The replacement structure
would be a bridge approximately 24.4 meters (80.0 feet) long and 9.6 meters (32 feet) wide.
The bridge would provide two 3.6-meter (12.0-foot) wide lanes plus a 1.2-meter (4.0-foot)
offset on each side. Approximately 1,280 meters (4,200 feet) of new approach roadway
would be required. This alternate would provide a design speed of approximately 70 km/h
(45 mph). Traffic would be maintained on the existing bridge during construction.
Alternate 5 would replace Bridge No. 152 at the existing location with some
realignment of the eastern roadway approach (see Figure 2). The recommended
replacement structure would be a long-span arch with a 7.3-meter (24.0-foot) span and 3.6-
meter (12.0-foot) rise. Traffic would be maintained on existing area roads (Figure 1).
Design speed would be approximately 60 km/h (35 mph).
The "do-nothing" alternate is not practical, requiring the eventual closing of the road
as the existing bridge completely deteriorates. Rehabilitation of the existing bridge is also
not feasible due to the poor condition of the existing rubble abutment, poor condition of the
timber interior abutments, and settlement of the roadway approaches.
4
VI. COST ESTIMATES
Table 1 shows the estimated costs and component costs of the alternates.
Table 1. Cost Estimates
COMPONENT ALTERNATEI ALTERNATE2 ALTERNATE3 ALTERNATE3A ALTERNATE4 ALTERNATES
(RECOMMENDED)
STRUCTURE 192,000 288 000 307 000 4751,200 165 500 _30-0-9000
BRIDGE
REMOVAL 9,000 9,000 9,000 9,000 9,000 9,000
ROADWAY AND
APPROACHES 130,000 233 000 487 000 359,000 1,639,300 221 000
ENGINEERING
AND 44,000 70,000 122,000 126,800 269,200 70,000
CONTINGENCIES
TOTAL
CONSTRUCTION $375,000 $6005,000 $925,000 $970X0 $2,083,000 $600,000
RIGHT OF WAY $142,000 $294,000, $55,000 $55,000 $180,000 $279,000,
TOTAL COST
ESTIMATE $517,000 894X0 $980,,00n $1,025,000 $2 263 000 $879,0001
VII. RECOMMENDED IMPROVEMENTS
Bridge No. 152 will be replaced approximately 61 meters (200 feet) north of the
existing bridge as shown in Alternate 3A, Figure 2. Approximately 396 meters (1,300 feet)
of new approach roadway will improve the horizontal alignment and provide a design speed
of approximately 80 km/h (50 mph). Traffic will be maintained on the existing bridge
during construction.
The recommended replacement structure is a bridge approximately 73 meters (240
feet) long. The bridge will provide a 7.2-meter (24-foot) wide travelway with a 1-meter
(3-foot) offset on each side.
NCDOT recommends Alternate 3A because it will improve the horizontal and
vertical alignments and, therefore the safety and travel speed. This will improve the design
speed from approximately 24 km/h (15 mph) at the existing location to 80 km/h (50 mph).
Alternate 3A will not impact Murray's Mill or the General Store. Alternates 1 and 2 would
encroach upon each of these structures. The Catawba County Historical Association
(CCHA) prefers the alignment of Alternate 3A because it will enhance use of the historic
district and make pedestrian passage through the district safer by removing vehicular traffic
from the existing crossing (see Appendix 1 for correspondence from the CCHA).
Murray's Mill Dam controls discharges from various frequency storms. Because of
this, the Hydraulics Unit recommended the long span arch discussed in Alternates 1,2, and
3. Discharges resulting from 0.9 meter (3.0 feet) of head above the crest of the spillway
would cause flooding of the mill and roadway overtopping with this structure. The
recommended bridge should process these type flows without overtopping. In addition, it
will require less fill in the vicinity of the stream crossing and will be designed with one-bar
metal rails. Both of these characteristics will allow the recommended structure to have less
detrimental environmental effects.
Alternate 1 would not improve the design speed, and it would require one business
relocation. Alternate 2 would not substantially improve the design speed, and it would
require two business relocations. For these reasons, NCDOT does not recommend
Alternate 1 or 2.
Alternate 3 is the same as Alternate 3A, except for the recommended structure, a
long span arch. NCDOT recommends constructing a bridge as the replacement structure.
This will reduce the amount of fill in the vicinity of the stream crossing. Reducing the fill
will reduce impacts to the Murray's Mill Historic District and federally-protected dwarf-
flowered heartleaf population.
Alternate 4 would not improve the design speed more than Alternate 3A, is
estimated to cost too much to be prudent, would require two residential relocations, would
substantially alter the existing travel pattern in the area, and would have a substantial impact
on the federally-protected dwarf-flowered heartleaf population in the project area. For
these reasons, NCDOT does not recommend Alternate 4.
Alternate 5 would not improve the design speed as much as Alternate 3A. It would
require extensive blasting through a massive granite dome formation. This blasting would
have a high probability of damaging the mill dam. Therefore, this alternate is not feasible.
NCDOT will work to place a metal truss bridge at the location of the existing
Bridge No. 152. This bridge will be used as a pedestrian bridge to enhance the use of the
historic district. The existing bridge may be left in place until the metal truss bridge could
be moved to the Murray's Mill location. NCDOT will enter into an agreement with the
CCHA for transferring ownership and liability of either bridge.
The existing western roadway approach to the bridge will be left on the State system
to continue serving property owners including one private residence. The existing eastern
approach will be taken off the state system and the pavement removed. The State Historic
Preservation Office and CCHA will be given opportunity to review and comment on plans
for treating the existing roadway approaches.
The Division 12 Engineer concurs with the Alternate 3A recommendation.
VIII. NATURAL SYSTEMS CHARACTERISTICS AND EFFECTS
A. Overview
The proposed project is in the village of Murray's Mill, approximately 5.6 kilometers
(3.5 miles) southwest of the town of Catawba (pop 509). The project area is a rural
settlement with small agricultural fields and forested tracts dominating the landscape.
A NCDOT biologist gathered and reviewed preliminary resource information prior to
a site visit. Information sources include U.S. Geological Survey (USGS) quadrangle map
(Catawba), Soil Conservation Service (SCS) Soils Map of Catawba County, NCDOT aerial
photographs of project area (1:1200), North Carolina Division of Environmental
Management (DEM) water quality classification for the Catawba River Basin, U. S. Fish
and Wildlife Service (USFWS) list of protected species, and N.C. Natural Heritage Program
(NC-NHP) database of uncommon and protected species and unique habitats.
The biologist conducted field surveys along the proposed project alignment on 23
July 1993. The biologist identified and recorded plant communities. The biologist
6
identified wildlife using the following observation techniques: active searching and capture,
visual observations (binocular), and recording the identifying signs of wildlife (sounds, scat,
tracks and burrows). The biologist conducted cursory surveys of aquatic communities using
a hand held dip net, identifying and releasing captured organisms.
NCDOT biologists conducted surveys for the federally-threatened dwarf-flowered
heartleaf on 12 April 1994. The biologists gathered specimens to identify to species level.
After identifying the plant as dwarf-flowered heartleaf, NCDOT conducted meetings for
Section 7 consultation on I .July 1994 (site meeting), 2 November 1994, 11 January 1995,
21 March 1995 (site meeting), and 27 June 1995 (Appendix 1 includes the meeting minutes
that were completed for these).
B. Soils and TM
raphv
Catawba County is in the central-western Piedmont Physiographic Province and is
characterized by moderately sloping to steep hills and associated narrow bottomland
floodplains. The project area is in the Felsic Crystalline System. Parent material is mostly
granite, granite gneiss, mica gneiss, and mica schist. The topography is moderately to
steeply sloping banks that grade downward into the streambed and associated floodplain.
The soils of the slopes are well drained, gravelly sandy loams (Madison Series).. The soils
ofthe floodplain and streambed are poorly drained loamy, alluvial deposits (Wehadkee
Series). No hydric soils occur within the project boundaries.
C. Biotic Communities
1. Terrestrial Communities
The biologist identified three distinct biotic community types in the project impact
zone. There is some overlapping between communities, particularly with the faunal
components. Because many terrestrial animals populate a variety of habitats, many of the
species mentioned may occur in multiple community types.
The Mesic Oak-Hickory Forest is the dominant community type impacted by the
proposed project. It occurs on moderate to steep slopes grading into an Alluvial streamside
forest. The canopy is relatively dense and mature; however, gaps of younger trees do
occur. Shrubs are abundant and increase in numbers as this community grades downslope
into the Alluvial Forest. Few herbaceous species occur.
This type of habitat has generally high faunal diversity and abundance; however,
land clearing for agriculture has fragmented the forest. Because of this, the biologist does
not expect diversity and numbers to be as high as in larger forested areas occurring to the
east, outside of the project area.
The canopy and mid-story of this community serve many purposes, including
nesting, cover, and food source. Birds are the most prominent group of vertebrates found in
the canopy. There are abundant wood boring and defoliating insects.
Other vertebrate species that use the canopy component of this community include
grey squirrel, Virginia opossum, grey treefrog, and the eastern pipstrelle.
The forest floor is heavily covered with leaves and fallen branches. These provide
cover for the American toad, slimy salamander, ground skink, worm snake, and
7
southeastern shrew, which dwell under the litter layer, feeding on earthworms, beetles, ants,
and other invertebrates.
The next terrestrial community is the Alluvial Forest. As the slope of the forest
terrain levels off near the stream, dominant canopy species change. Very little floodplain
occurs near the bridge, and it is limited to the streambank. Downstream of the bridge, the
floodplain becomes much broader and more level.
Because there is no sharp gradient between this community and the Mesic Oak-
Hickory Forest, both communities have similar faunal components.
Separation of the aquatic community from the Alluvial Forest is superficial and for
convenience of discussion. Intricate relationships between terrestrial and aquatic
components (flora and fauna) shape the community structure. The floral component of this
community, particularly streamside (canopy, sub-canopy, shrub and herbaceous strata etc),
is a major base of the aquatic food chain.
Maintained communities include roadside and pasture. The existing narrow
roadside shoulder is routinely mowed. It is almost uniformly populated with fescue. Low
growing herbaceous plants such as dandelion, chickweed, henbit, and wild onion are
scattered throughout. Pokeweed, sunflower, trumpet creeper, sericea, and maypops occur
further off the roadside away from mower impacts. Gravel parking areas and pasture occur
within the project area. Various landscape ornamental herbaceous plants and shrubs are
present within the parking areas.
The biologist expects few residential species in this habitat, due to limited habitat
size and variability; however, numerous opportunistic animals use this area as a foraging
zone, or as a passage-way between forested habitats. Species found here adapt to the
"edge" habitat created by human activity. This edge is actually an ecotone between the
forested communities and the open pasture areas.
Various species of birds and mammals feed on seeds, berries, roots, and insects
along roadsides.
Project construction will result in clearing and degradation of portions of the three
plant community types described. Table 2 lists the estimated acreage loss to these
communities. The biologist derived estimated impacts using the entire proposed right of
way of 24.4 meters (80 feet). Project construction often does not require the entire right of
way and therefore actual impacts may be less.
Table 2. Estimated Im acts b Alternate
COMMUNITY
ALTERNATE Mesic Oak/Hickory
Forest Alluvial Forest Maintained Communities
1 0.0 ha (0.0 ac) 0.0 ha (0.0 ac 0.06 ha (0.2 ac
2 0.1 ha (0.3 ac) 0.0 ha (0.0 ac) 0.06 ha (0.2 ac)
3 0.4 ha (1.0 ac) 0.1 ha (0.3 ha) 0.2 ha (0.5 ac)
3A 0.4 ha (1.0 ac) 0.1 ha (0.3 ha) 0.2 ha (0.5 ac)
4 1.4 ha (3.6 ac) 0.2 ha 0.4 ac 1.7 ha (4.3 ac
The plant communities found along the project alignment serve as shelter, nesting
habitat, and foraging habitat for numerous species of wildlife. Loss of habitat is likely to
reduce the number of faunal organisms and concentrate them into a smaller area, which
causes some species to become more susceptible to disease, predation, and starvation.
Construction machinery used during clearing and grading is likely to cause individual
mortalities for animals closely associated with the ground (snakes, small mammals, etc.).
Temporary displacement of faunal organisms will occur during construction. These
animals may return to the area following construction; however, the amount of forested
habitat, which has already been abated by agricultural clearing, will be further reduced.
2. Aquatic Communities
Species such as the greenfin shiner, bluehead chub, creek chubsucker, rosyside dace,
white sucker, and golden shiner may occur in Balls Creek.
Anticipated impacts to the aquatic communities can be attributed to construction
related sedimentation and erosion. Although sedimentation and erosion may be temporary
processes during the construction phase of this project, environmental impacts from these
processes may be long-lived or irreversible. Potential impacts to aquatic systems from
project construction include disturbance of benthic habitat and increasing sediment load.
The aquatic environment serves as a major food source for many terrestrial
organisms such as raccoons, various species of snakes, birds, turtles, and amphibians. It also
serves as a means of predator avoidance for amphibians, reptiles, and mammals.
Benthic non-mobile organisms, such as filter and deposit feeders, and macro and
micro alga, are particularly sensitive to construction activities such as dredging, filling, pile
driving, and slope stabilization. These construction activities physically disturb the
attachment substrate, resulting in loss of sessile benthic organisms. Many of these aquatic
organisms are slow to recover or repopulate because they require a stabilized substrate that
may take a very long time to develop. Changes in community composition are likely as a
result of substrate disturbance.
Light penetration, essential for photosynthetic species, the primary producers in the
food chain, will be reduced as a result of siltation. Other effects of siltation are clogging of
feeding apparati of suspension feeders and burial of newly settled larvae of these organisms.
These species are often primary consumers in the food chain, and are a major step in the
aquatic food web. Impacts to these organisms may directly affect organisms higher in the
food chain.
Mobile aquatic organisms are generally not as sensitive to siltation; however, gills of
fish, crustaceans, and larval forms of amphibians and insects can become clogged and
disfunctional as a result of siltation and sedimentation.
Additionally if measures are not taken to reduce the amount of probable increased
concentrations of toxic compounds (gasoline, oil, etc.) in the stream, coming from
construction related machinery and road paving activities, mortalities to numerous types of
aquatic organisms are likely.
D. Water Resources
The proposed project crosses Balls Creek, which is in the Catawba River drainage
basin. The headwaters arise near Drums Crossroads, 9.7 kilometers (6.0 miles) south of the
project. Flow is generally in a northeasterly direction. Balls Creek flows into Murrays Mill
Lake, an impoundment created for mill operations. The outlet of this lake (dam overflow)
is approximately 27.4 meters (90.0 feet) upstream of the project crossing. Balls Creek
eventually flows into the Catawba River (Lake Norman), approximately 13 kilometers (8
miles) downstream.
Stream dimensions vary from one side of the existing bridge to the other. Water
flows out of Murrays Mill Lake and drops 9.0 meters (30.0 feet) into a 12x12-meter
(40x40-foot) pool upstream of the bridge. Channel width just upstream of the bridge is 4.6
meters (15.0 feet),.narrowing to 1.2 meters (4.0 feet) just downstream of the crossing.
Streambed width is also narrow (1.5 meters/5.0 feet) near the crossing, but widens to
3 meters (10 feet) approximately 60 meters (200 feet) downstream. Average depth varies
from 1.2 meters (4.0 feet) upstream to 0.3 meter (1 foot) downstream. Depth fluctuations
occur in various stretches of the stream as channel width changes. At the time of the initial
investigation (23 July 1993), the water level appeared lower than normal and is likely a
result of prolonged drought conditions of this area. Substrate is classified as coarse sand
with abundant. cobbles and stones. Flow was rapid near the bridge, becoming moderate
downstream. Water was very turbid near the waterfall, but gradually cleared downstream
The biologist noticed no signs of pollution.
In the project area, the waters of Balls Creek carry a best use classification of
WS-IV as assigned by the North Carolina Department of Environment, Health, and Natural
Resources (DEHNR, 1993). Class WS-IV designates waters protected as water supplies
which are generally in moderately to highly developed watersheds. Best use of WS-IV
waters are as a drinking water supply source, culinary, or food processing purposes, and
any other use specified for Class C waters. Class C designates waters suitable for aquatic
life propagation and survival, fishing, wildlife, secondary recreation, and agriculture.
The Benthic Macroinvertebrate Ambient Network (BMAN), assesses water quality
by sampling for selected benthic Macroinvertebrate organisms. The species richness and
overall biomass are reflections of water quality. Balls Creek has not undergone BMAN
sampling.
The Division of Environmental Management (DEM) National Pollutant Discharge
Elimination System (NPDES) report lists no permitted discharge sources into Balls Creek.
No waters classified as High Quality Waters (HQW), Outstanding Resource Waters
(ORW), WS-I, or WS-II, occur within 1.6 kilometers (1.0 mile) of the project area.
Potential impacts to the waters affected by the proposed project include decreases of
dissolved oxygen and changes in temperature. This is due to removal of the streamside
canopy and removal/burial of aquatic vegetation. Water clarity can be significantly reduced
during the construction activity because of sedimentation and substrate disturbance;
however, water is already very turbid due to the continual disturbance from the waterfall
(dam overflow). Alterations of water level, due to interruptions or restrictions of surface
water flow are also likely during in-water construction activities.
E. Jurisdictional Issues
1. Wetlands and Surface Waters
Wetlands and surface waters fall under the broad category of "Waters of the United
States" as defined in 33 CFR 328.3, in accordance with provisions of Section 404 of
the Clean Water Act (33 U.S.C. 1344).
The NCDOT staff biologist evaluated potential wetland communities using the
criteria specified in the 1987 "US Army Corps of Engineers Wetlands Delineation Manual."
10
For an area to be considered a "wetland," the following three specifications must be met:
1) presence of hydric soils (low soil chroma values), 2) presence of hydrophytic vegetation,
and 3) evidence of hydrology, or hydrological indicators, including saturated soils, stained,
oxidized rhizospheres, matted vegetation, high water marks on trees, buttressed tree bases,
and surface roots.
The biologist identified no wetland communities within the project right of way.
Construction of the proposed project will have no impacts on any jurisdictional wetland
communities.
Impacts to Waters of the United States fall under the jurisdiction of the U.S. Army
Corps of Engineers (COE). Conditions apply for a Nationwide permit 33 CFR 330.5 (A)23.
This permit authorizes activities undertaken, assisted, authorized, regulated, funded, or
financed in whole, or in part, by another Federal agency or department. That agency or
department has determined that the activity is categorically excluded from environmental
documentation, because it will neither individually or cumulatively have a significant
environmental effect.
A North Carolina DEM Section 401 Water Quality General Certification is required
prior to issue of the Nationwide permit No. 23. Final permit decisions lie with the COE.
Projects authorized under Nationwide Permits usually do not require compensatory
mitigation according to the 1989 Memorandum of Agreement between the Environmental
Protection Agency and the Department of the Army.
2. Protected Species
Federal law requires that any action, which has the potential to have a detrimental
impact to the survival and well being of any species classified as federally protected,
is subject to review by the United States Fish and Wildlife Service (USFWS) and/or the
National Marine Fisheries Service (NMFS), under the provisions of the Endangered Species
Act (ESA) of 1973, as amended.
Provisions of section 7 and section 9 of the Endangered Species Act of 1973, as
amended, protect plants and animals with federal classifications of Endangered (E),
Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT). As of 28
March 1995 the FWS lists the dwarf-flowered heartleaf (Hexastylis naniflora) for Catawba
County. Habitat for this species occurs within the project boundaries. The following is a
brief description of its characteristics and habitat requirements (see Appendices 1 and 2 for
correspondence from meetings and the USFWS Biological Opinion based on formal Section
7 consultation for this project).
Hexastylis naniflora dwarf-flowered heartleaf
Status: Threatened
Listed: April 14, 1989
Flower: March-May
The evergreen dwarf-flowered heartleaf is a small, aromatic, herbaceous plant with
dark green heart-shaped leaves, supported by long thin petioles extending from subsurface
rhizomes. The small fleshy flowers are bell shaped and dark brown. Flowering occurs from
mid-March to early May. Fruits mature in mid-May to early July. Habitat for this species is
described as oak-pine forest slopes near streams on acidic soils.
Biological Conclusion: Likely to Adversely Affect
11
11
The Mesic Oak/Hickory Forest occurring within the project right of way provides
suitable habitat for this species. The NCDOT biologist found a large population of
Hexastylis here during plant-by-plant surveys. NCDOT biologists conducted a field survey
on 12 April 1994 to identify the plants to the species level. The biologists gathered,
identified, and verified specimens as H. naniflora.
Alternates 2, 3, 3A, and 4 all pass through parts of the population. Construction of
any of these alternates would likely adversely impact the population. The FHWA has
completed formal Section 7 consultation with the USFWS. These agencies have agreed to
establishing a preserve area to minimize impacts to the hexastylis naniflora. The proposed
preserve would be pruchased from approximately 11.9 hectares (29.4 acres) of land from
willing sellers (see Figure 8 for properties). NCDOT will pursue establishing the preserve
based on the following conservation recommendations:
1. This preserve will be turned over to ownership to an agency such as the Catawba
County Historical Association or Catawba County under an agreement or deed
restriction to protect the hexastylis naniflora plants in perpituity. Any management
recommendations made by the USFWS will be implemented if resources are
available, and access into the preserve will be granted for representatives from the
USFWS or state resource agencies with prior notification to the owner.
2. The deed for the acquired site will identify that this area was purchased for
conservation purposes.
3. Measures to further minimize impacts to the plant population, such as keeping the
fill section as narrow as possible and clearing and grubbing to the construction
limits will be considered during the final design stage of the project.
4. A pre-bid and pre-construction conference will be held by the NCDOT to notify
contractors of the need to abide by any special provisions to protect the Hexastylis
population as identified in Number 3. These conferences will be attended by at
least one representative from the Planning and Environmental Branch and
Roadside Environmental Unit. The USFWS Asheville Field Office will also be
invited.
5. The USFWS Asheville Field Office will be notified at least one month in advance
of the start of construction to allow opportunity to transplant specimens from the
project impact area. The NCDOT, if resources allow, will provide staff to assist
with any transplantation efforts.
In the event that establishing a preserve in the project area is infeasible, NCDOT
will pursue establishing a preserve at another location, or establishing conservation
easements in the project area, whichever is feasible.
A search of the NC-NHP data base of rare plants and animals revealed no records of
North Carolina rare and/or protected species occurring near the project area.
12
F. Air and Noise
The project is within the Eastern Mountain Air Quality Control Region. The
ambient air quality for Catawba County is in compliance with the National Ambient Air
Quality Standards. This project is in an area where the State Implementation Plan (SIP)
does not contain any transportation control measures. NCDOT and the FHWA do not
anticipate that it will create any adverse effect on the air quality of this attainment area.
The impact on air quality will be insignificant. If the project uses burning to dispose
of vegetation, all burning shall be done in accordance with applicable local laws and
regulations of the North Carolina SIP for air quality in compliance with 15 NCAC 2D.0520.
This evaluation completes the assessment requirements of the 1990 Clean Air Act
amendments and the National Environmental Policy Act. The project requires no additional
reports.
The project will not significantly increase traffic volumes. Therefore, it will have no
significant impact on noise levels. Temporary noise increases may occur during
construction.
IX. CULTURAL RESOURCES
A. Farmland
The Farmland Protection Policy Act requires all federal agencies, or their
representatives, to consider the impact of land acquisition and construction projects on
prime and important farmland soils, as designated by the U. S. Soil Conservation Service
(SCS). The SCS determined the Recommended Alternate will not impact prime farmland
or important farmland soil.
B. Historic Architectural Resources
An NCDOT architectural historian surveyed the area of Potential Effect of the
project for significant historical properties. The historian identified one property, the
Murray's Mill Historic District (see Figures 5 and 6), in the project area.
This district is included in the National Register of Historic Places. It was added to
the Register on 31 December 1979.
The proposed project will aquire land in the historic district. Therefore, the Federal
Highway Administration, State Historic Preservation Office (SHPO), and North Carolina
Department of Transportation concur that this project will have an Adverse Effect upon the
Murray's Mill Historic District (see Appendix 1 for correspondence relating to Section 106).
Through coordination with the SHPO, FHWA, and NCDOT have determined the
recommended alternate will have an adverse effect on the Murray's Mill Historic District.
NCDOT has addressed the adverse effects and adopted mutually agreeable mitigation
measures to lessen the effects of constructing the project. The measures are agreeable to
the SHPO, FHWA, Catawba County Historical Association, and the Advisory Council on
Historic Preservation. Appendix 2 contains a copy of the signed Memorandum of
Agreement for the project. Section XII of this categorical Exclusion is a Final Section 4(f)
evaluation. It includes a description of the historic district and a discussion of how the
project will affect historic resources.
13
A
C. Archaeological Resources
The North Carolina State Historic Preservation Office (SHPO) reviewed the project
for archaeological resources. Based on present knowledge of the area, SHPO commented it
is unlikely any archaeological resources eligible for the National Register of Historic Places
will be affected by construction. SHPO recommended no archaeological investigation be
conducted for this project. See Appendix 1 for a copy of SHPO correspondence dated 26
January 1993.
X. PUBLIC INVOLVEMENT
NCDOT held an informal, Citizens Informational Workshop for the project on
20 June 1993. This workshop was at the Murray's Mill (Appendix 1 includes a copy of the
news release for this workshop). Representatives of the NCDOT Division 12 Right of Way
Office, Planning and Environmental Branch, and the State Historic Preservation Office were
available to explain the project, answer questions, and receive comments. Several citizens
from the area attended the meeting. One property owner in the project area voiced
comments and concerns about the location of alternates and the schedule for the project.
This property has been sold to a new owner. The new owner called the project engineer in
June 1995 to voice comments and concerns about the project. This owner will be sent a
copy of this document to be kept informed of the recommendations.
XI. CONCLUSION
Based on the above discussion, NCDOT and FHWA conclude that the project will
cause no significant environmental impacts. Therefore, the project may be processed as a
Categorical Exclusion.
XU. FINAL SECTION 4(f) EVALUATION
A. Background
NCDOT proposes to replace Bridge No. 152 on SR 1003 over Balls Creek with a
wider structure on new location, with improved roadway alignment. The recommended
alternate is approximately 61 meters (200 feet) north of the existing alignment. It requires
approximately 396 meters (1,300 feet) of new roadway approaches.
Because of the structural deficiency and operational inadequacy of the existing
bridge and alignment, the North Carolina Board of Transportation approved this project as
partof the Federal Bridge Replacement Program. This project will replace a deteriorated
bridge and a poor roadway alignment. The current sufficiency rating of the bridge is 32.5
out of 100.0. The proposed project will replace the deteriorated bridge with a new
structure, provide standard width along the crossing, and improve design speed and safety
through the crossing.
The existing Bridge No. 152 is located within the Murray's Mill Historic District.
This district is listed in the National Register of Historic Places. Five studied alternates,
including the recommended alternate, require taking land within the district. Therefore, the
project must proceed within the requirements of Section 4(f) of the USDOT Act and
Section 138 of the Highway Act, as amended.
14
B. Alternatives Affecting Section 4(f) Resource
There are five alternatives for replacing Bridge No. 152 that do not avoid effects to
the historic district. Each requires acquisition of right of way and construction within the
historic district. These alternatives are described as Alternate 1, Alternate 2, Alternate 3,
Alternate3A, and Alternate 5 in section V. of the Categorical Exclusion.
C. Description of Section 4(f) Resource
The Section 4(f) resource located in the project area is the Murray's Mill National
Register Historic District. It is on SR 1003 in the village of Murrays Mill. Existing access
from the north is from NC 10 to SR 1003. Access from the south is from SR 1003. It
occupies 61.9 hectares (152.9 acres) and consists of a complex of approximately 25 late-
nineteenth/mid-twentieth century residential and farming buildings centered on a grain mill.
Murray's Mill is the last surviving complex of its type in Catawba County and was operated
by the Murray family from 1883 until the mill's closing in 1967. The district was determined
significant under Criteria A, B, and C. It was listed in the National Register on 31
December 1979.
Currently, the Catawba County Historical Association (CCHA) owns and operates
the mill as a working gristmill. The CCHA receives tour groups and other visitors
throughout the year. The mill grinds coin for sale as meal in the general store. The general
store also sells other items characterized as "old-timey." Inside the grain house, the CCHA
displays works by members of the Catawba Valley Guild of Craftsmen. Each year, the
district hosts the Harvest Folk Festival, which brings many visitors to the area. The CCHA
plans further site development. This includes an agricultural heritage building, a visitor
center, and additional parking.
Several buildings over fifty years old are in the area of potential effect (APE), and
each building except one (building 1) contributes to the significance of Murray's Mill
National Register Historic District. The buildings are described below and entry numbers
are keyed to the photographs, which follow this text, and to the Area of Potential Effect
Map, located at the end of this report.
Tudor Revival house, located outside Murray's Mill Historic District (no
photograph available)
Built in the 1940s or 1950s, this dwelling has no known historical significance
and does not possess the architectural significance necessary for National
Register listing.
The following buildings contribute to the significance of the Murray's Mill National
Register Historic District, and land historically associated with these buildings is in the
project area of potential effect (Figure 6A, 6B, and 6C show photographs of these
structures).
2a. William Murray House, 1880s dwelling-
Built by William Murray, the first member of the Murray family to operate a mill
at the site, this one-story, single-pile frame house has a rear kitchen ell.
2b. William Murray outbuildings-
15
The two small gable-roofed, frame outbuildings are thought to have been built in
the first quarter of the twentieth century.
2c. William Murray crib-
Thought to have been built in the first quarter of the twentieth century, the small
rectangular frame building has a gable roof which projects over the entrance.
2d. William Murray barn-
Thought to have been built in the first quarter of the twentieth century, the
rectangular frame building is sheathed with rough boards and has a shed addition
on the southeast side.
3. Store-
The original portion of the existing structure was a two-story, gable-front, frame
building which was moved to its present location and expanded in 1913. A
large, one-story shed was added to the northwest side of the building in the
1930s.
4. John L. Murray House and outbuildings-
John L. Murray built the dwelling in 1912-1913 and remodeled it in the 1930s.
The one-and-one-half story bungalow has been stuccoed. (no photograph
available)
5. Grain house- (no photograph available)
The large, two-story frame building was built during the late 1880s to store
grain for the milling operation.
6. Murray's Mill-
The original portion of the mill building was constructed in 1912-1913. An
addition was made shortly after that. The mill is a two-and-one-half-story
rectangular frame building with weatherboard siding, a gable roof, and a high,
poured concrete foundation. The west side has a loading area and small office
recessed under a one-story shed roof.
7. Lloyd Murray House and outbuildings-
Built by Lloyd Murray, this one-and-one-half-story, brick-veneered bungalow
was built ca. 1935.
There are several properties within the historic district most likely to be affected by
the proposed project. These are owned by several sources. The Catawba County Historical
Association owns the Murrays Mill Site, which includes 3.0 hectares (7.4 acres) and several
buildings on each side of SR 1003, including the Murray and Minges Store, which includes
approximately 0.8 hectares (2.0 acres) of land. A private resident owns the William
Murray House, outbuildings, crib, and barn and approximately 4.4 hectares (10.8 acres) of
land in the district.
16
D. Alternatives Not Impacting the Section 4(f) Resource
There are three alternates that would not require taking land in the district. These
alternates would avoid impacts to the historic district. These alternates are the no-build,
rehabilitation, and realigning SR 1003 to avoid land within the historic district. If feasible to
construct, each of these alternates would have No Effect on the historic district.
1. No-build
The no-build alternate would not require new construction. The existing Bridge No.
152 would remain and state Bridge Maintenance forces would make necessary periodic
improvements to keep the bridge in service. However, the bridge would eventually
deteriorate beyond repair. This would require closing the bridge. Therefore, this alternate
is not feasible or prudent.
2. Rehabilitation
Rehabilitation of the existing bridge is not feasible due to the poor condition of the
existing rubble abutment, poor condition of the timber interior abutments, and settlement of
the roadway approaches. In addition, the existing deck is only 6.1 meters (20 feet) wide.
The NCDOT Bridge Policy requires a deck width of 9.2 meters (30 feet) wide based on the
traffic volumes and design speed along the existing alignment.
3. Relocation outside the district
Relocation to the north of the district is described as Alternate 4 in section V. of the
Categorical Exclusion. This alternate would replace Bridge No. 152 on new location
approximately 305 meters (1000 feet) north of the existing bridge. The resulting new
roadway alignment would be completely outside the boundaries of the historic district. This
alternate is neither feasible or prudent because it would have a substantial effect on the
federally-protected dwarf-flowered heartleaf population, would require two residential
relocations, would substantially alter the existing travel pattern in the area, and is estimated
to cost more than twice the recommended alternate.
Relocation to the south of the district would avoid the district and avoid impacts to
the dwarf-flowered heartleaf, but would be several times longer than Alternate 4, would
permanently and severely change the traffic pattern in the area by rerouting SR 1003 onto a
portion of SR 1181 (see Figure 8), and would have greater right of way impacts.
Therefore, this alternate is neither feasible or prudent.
E. Recommended Alternate
Bridge No. 152 will be replaced approximately 61 meters (200 feet) north of the
existing bridge as shown in Alternate 3A, Figure 2. Traffic will be maintained on the
existing bridge during construction.
The recommended replacement structure is a bridge approximately 73 meters (240
feet). The bridge will provide a 7.2-meter (24-foot) wide travelway with a 1-meter (3-foot)
offset on each side.
Alternate 3A is recommended because it will improve the horizontal and vertical
alignment, making the roadway safer for traffic. This will improve the design speed from
approximately 24 km/h (15 mph) to 80 km/h (50 mph). Although Alternate 3A will acquire
land in the historic district, it will not impact Murray's Mill or the General Store. Alternates
17
1 and 2 would also acquire land in the district and each would encroach upon these two
structures. In addition, these alternates would not provide substantial improvement to the
design speed. Alternate 4 would not improve the design speed more than Alternate 3A and
is estimated to cost substantially more than any other alternate. In addition, it would have a
substantial effect on the federally-endangered dwarf-flowered heartleaf population located
in the project area. Alternate 5 would aqcuire land in the historic district. It would require
extensive blasting through a massive granite dome structure, which would have a high
probability of damaging the mill dam. Therefore, this alternate is not feasible.
The Catawba County Historical Association prefers the alignment of Alternate 3A.
This alignment willallow the Association to better use the historic resources for visitors. It
will do this by making more room for parking and facilities, and allowing for safer
pedestrian travel between the general store, the mill, the existing bridge, and other areas of
the historic district.
The Catawba County Historical Association, North Carolina State Historic
Preservation Office, North Carolina Department of Transportation, U.S. Fish and Wildlife
Service, Advisory Council on Historic Preservation, and Federal Highway Administration
have concurred on constructing Alternate 3A.
F. Effects to Section 4(f) Resource
The Recommended Alternate will have several effects on the historic resource. It
will require purchasing land in the district to use as permanent right of way for the new
bridge and roadway alignment (approximately three acres based on functional designs). It
will permanently change the traffic pattern established for many years. It will separate two
contributing structures (crib and barn, Figures 5 and 6B) from the other structures in the
district.
G. Mitigation Measures
FHWA will ensure that the following measures are carried out to minimize and
mitigate harm to the district:
1. Recordation
The Historic District and its setting will be recorded before any construction is
initiated using the Historic Buildings and Landscape Recordation Plan attached to the
signed Memorandum of Agreement in Appendix 3.
2. Landscaping
NCDOT will minimize clearing and grubbing for construction of the new road. It
will install a vegetative buffer on the south side of the new road through the Historic
District. A landscaping plan, which includes the design and selection of plant materials
will be developed in consultation with the North Carolina SHPO and the Historical
Association. The plan will emphasize the rural and natural characteristics of the area
rather than being formal. NCDOT will replace, in-kind, any plant materials damaged or
lost within two (2) years of installation.
18
3. Design of Replacement Bridge
NCDOT will minimize the amount of fill used to construct the new roadway and
creek crossing by maximizing side slopes. NCDOT will use one-bar metal rail bridge rail
on the replacement bridge.
4. Existing Road
NCDOT will provide the North Carolina SHPO and the Historical Association an
opportunity to review and comment upon plans for treatment of the existing road and
access into the Historic District.
5. Existing; Bridge
NCDOT will provide the Historical Association with a structural evaluation of the
existing bridge. NCDOT will continue consulting with the Historical Association to
investigate the feasibility of replacing the existing bridge with a metal truss bridge, which is
compatible with the Historic District. If a suitable bridge is identified and can be installed
at the existing crossing, NCDOT and the Historical Association will execute a cooperative
agreement in accordance with NCDOT's Historic Bridge Preservation Program.
H. Coordination
NCDOT has coordinated with the Federal Highway Administration, North Carolina
State Historic Preservation Office, Catawba County Historic Association, United States
Fish and Wildlife Service and United States Department of Interior (DOI). FHWA has
notified the Advisory Council on Historic Preservation (ACHP) of the adverse effect on the
Murray's Mill Historic District and invited the ACHP to participate in the development of
the Memorandum of Agreement (MOA). The ACHP has reviewed and accepted the MOA
(see Appendix 3). The Department of Interior has reviewed the document and given
approval to the project (see Appendix 1).
1. Conclusion
Based on the above consideration, there is no feasible and prudent alternative to
avoid Section 4(f) impacts to the Murray's Mill historic district. The proposed project
includes all possible planning to minimize harm to the historic district
J. Approval
The FHWA has reviewed this project and determined it meets all applicable criteria
set forth in the 22 August 1983 Federal Register. Therefore, the following signature
documents that this Final Section 4(f) Statement is approved for the replacement of Bridge
No. 152 in Catawba County.
Approved:
Date eon Larson, P.E., Regional Administrator
Federal Highway Administration
19
FIGURES
LEGEND
STUDIED DETOUR ROUTE
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PLANNING AND ENVIRONMENTAL
BRANCH
BRIDGE NO. 152
ON SR 1003 OVER BALLS CREEK
CATAWBA COUNTY
T.I.P. NO. B-2119
FIG. 1
0 kilometers Z 0 miles 1
1

• 1
, V7,
?,y.
?.w:<: m
/? ? :a,,
??'
BRIDGE NO. 152
CATAWBA COUNTY
B-2119
LOOKING NORTHWEST
LOOKING SOUTHEAST
SIDE VIEW
w

F=[URE 3
- N
20 .3. 0
809
Catawb2
zr,
A x,
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33
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01
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FIGURE

a[. i?

I"r wIILLNATIONAL R
RIC DIS77
') N?-kR ??.
?' , ;. RIBUTING STRUCTURES IN HISTORIC DISTRICT
- - '- - 6A
2a. William,, Murrav House
/b. Yi_1l iam Mu_rav
CONTRIBUTING STRUCTURES I HISTORIC DIS'TRIC'T

FIGURE 6B

CONTRIBUTING STRUCTURES L HISTORIC DiS'I' ,?

FIGURE 6C

•??''~? RELOCATION SOUTH OF HISTORIC DISTRICT
HISTORIC DISTRICT BOUNDARY :
,?• ?- 4111 •
ALTERNATE 3A w
NO. 152 V .7
CD)
7 7
F /??Y 11? '?? fir' .. _ _? . IJ + `/' - -? _ .. _ - I
= ??'? G/:.' \ ? _ ? ? ??, ?•' r1 nwrrlrlrrr ? j - - -r' '
y .o ` `- =, _ Q?''/''`,??e 3 ? ^ rgprrrrry,', y - y• • _ ' , r o ? n
North Carolina Department Of
04
N?1, Transportation
Planning & Environmental Branch
BOUNDARY OF HISTORIC DISTRICT
INCLUDING ALTERNATE 3A AND
,.' RELOCATION TO THE SOUTH
T.I.P. NO. B•2119
Iks
1 L\? ` /?'rrnruerutilar?uuv???? NOT TO SCALE FIGURE 8
APPENDIX 1
PROJECT CORRESPONDENCE

United States Department of the Interior
OFFICE OF THE SECRETARY
"'ashington, D.C. 20240
ER-95/742

Mr. Nicholas.L. Graf
Division Administrator
Federal Highway, Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601
Dear Mr. Graf :
JAN 17 1996
This is in response to the request for the Department of the Interior's comments
on the Draft Categorical Exclusion/Section 4(f) Statement for Replacement of
Bridge No. 152 on SR-1003 over Balls Creek, Catawba County, North Carolina.
We concur that there is no feasible and prudent alternative to the proposed
project. we also concur with the proposed measures to minimize harm to the
Murray's Mill Historic District. A copy of the Memorandum of Agreement, prepared
in compliance with Section 106 of the National Historic Preservation Act of 1966,
as `amended, should be included in the Final Section 4(f) Statement after
signature by the remaining parties to the agreement, particularly the Advisory
Council on Historic Preservation.
The Department of the Interior has no objection to Section 4(f) approval of this
project by the Department of Transportation.
We appreciate the opportunity to provide these comments.
cc: Mr. Franklin Vick, P.E:
Manager, Planning and
Environmental Branch
North Carolina Department
of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611
Sincerely,
^ L/
Willie R. Taylor
Director, Office of 'ronmental
Policy and Compliance
?vE
• JQ?
?yG & EUV1R0'
ti .
+?FO?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. JR.
GOVERNOR
7 July 1995
MEMORANDUM TO:
FROM:
SUBJECT:
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH. N.C 27611-5201
Mr. H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
Wayne Fedora, P.E.
Planning and Environmental
SAM HUNT
SECRETARY
Minutes of 27 June 1995 Meeting Discussing Options for
Hexastylis Naniflora (Dwarf-flowered Heartleaf)
Members of the Federal Highway Administration (FHWA), U.S. Fish and Wildlife Service
(USFWS), and N.C. Department of Transportation (NCDOT) met on 27 June 1995 to
discuss issues pertaining to the federally-protected hxastylis naniflora (dwarf-flowered
heartleaf). The principal focus of the meeting was to open discussion between the
agencies and look at several highway projects with the 9bjective of combining these into
one Programmatic Section 7 consultation.
Mr. Charles Bruton, PhD. of NCDOT and Janice Nicholls of the USFWS openned the
discussion by stating the objectives for the meeting.
Mr Frank Vick, P.E. ofNCDOT noted concern over buying land to be established as a
preserve area. Mr. Vick asked about how this land would be managed. Mr. Barney
O'Quinn, P.E. of NCDOT noted that an agreement for such a preserve could be written
to specify what would happen under various circimstanges.
Mr. O'Quinn and Mr. Roy Shelton of the FHWA expressed concern over the Catawba
County Historical Association (CCHA), which would be the likely recipient of land
purchased for a preserve. Both expressed concerns over the lasting nature of the
association and its relationship with Catawba County. Both discussed the possibility of

turning the land over to the county with a long-term lease. This was later rejected in favor
of the original concept of turning any purchased land over the the CCHA.
Ms. Nicholls indicated she would lice to see the process of acquiring the preserve
underway in order to go through with the consultation process. This would mean
agreeing on the area to establish a'preserve and beginning to estimate the cost. Parties of
the meeting agreed to pursue purchase of the area marked in red on the attached figure
(portion of property number 2 and all of property number 5) as well as researching a
conservation easement on the area marked in green (portion of property 3). Mr. Vick will' contact Mr. John Williamson, Manager of the Right of Way Branch to get appraisals for
the properties. Ms. Nicholls indicated that she would lice to have this process completed
before September.
The following projects will be reviewed together for the Programmatic consultation:
1) B-2119, 2) U-2307 (parts AA and C), and 3) U-2528AA. Because project U-2528AA
has an uncertain future, the parties agreed that another project may be substituted (based
on future review of the substitute project). Ms. Nicholls and the others at the meeting -
were satisfied with the designated properties acting as preserve for impacts from these
three projects.
In order to complete the consultation, the following data will be necessary for each
project: population estimates (including density, number of plants, and acreage), details of
the commitments (density, number of plants, and acreage of proposed preserve area),
general technical project data. This will be prepared by NCDOT and forwarded to FHWA
for transmittal to the USFWS. Ms. Nicholls indicated she would need one week to review
the material and prepare the Biological Conclusion.
Mr. Shelton indicated that right of way purchases may begin soon--and can be charged to
U2307 (scheduled for letting in September).
Mr. Rob Hanson had a question about Corps of Engineers involvement on U-2307C. Mr.
Shelton and others indicated that Corps involvement on the state-funded portion.of this
project should be handled under the same Section 7 consultation as the other parts of the
project and the other projects in the Programmatic Section 7 consultation. This will leave
FHWA as the lead agency in the process.
To keep U-2307 on schedule, Section 7 consultation must be concluded by the end of
July 1995.
cc: Mr. Roy Shelton, Federal Highway Administration
Ms. Janice Nicholls, U.S. Fish and Wildlife Service
Mr. Charles Bruton, PhD., Planning and Environmental
Mr. Rob Hanson, P.E., Planning and Environmental
t
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. JR. R. SAMUEL HUNT III
GOVERNOR P .O. BOX 25201. RALEIGH. N.C 27611-5201 SECRETARY
13 January 1995
MEMORANDUM TO: Mr. Vince Barone
Federal Highway Administration
FROM: Wayne Fedora
Planning and Environmental
SUBJECT: Replacement of Bridge No. 152 on SR 1003 over
Balls Creek, T.I.P. No. B-2119
On 11 January 1995 I held a meeting to discuss this project
with representatives of the Catawba County Historical
Association (CCHA), U. S. Fish and Wildlife Service (USFWS),
State Historic Preservation Office (SHPO), FHWA, and NCDOT.
The purpose was to concur on a recommended alternate for
replacing Bridge No. 152 and address issues related to two
environmental resources affected by the project.
The participants concurred that the recommended alternate is
Alternate 3. replace on new location approximately 200 feet
downstream of the existing bridge.
Alternate 3 will require obtaining property within the
Murray's Mill National Register Historic District. It will
also require taking a small portion of a population and
habitat of the federally-protected dwarf-flowered heartleaf.
There is no feasible and prudent alternate that will avoid
using property within the historic district. I am
recommending Alternate 3 because it will provide the most
alignment improvement of the studied alternates. In
addition, it will enhance the CCHA's opportunity to develop
the historic resource according to their plans. Mitigation
for effects to the historic district will be required.
Because Alternate 3 requires only a small portion of the
plant population (approximately 0.35 acres and 1.700 plants
out of a total 15.6 acres and 75."00 plants) -the US WS is not
opposed to it. ytitigation for the effect on the population
will be required.

T
13 January 1995
Page 2
Mitigation measures for the historic district will include
the following: keeping the fill section as narrow as
possible, restricting clearing and grubbing to the
construction limits, planting natural screening landscaping
so that the road is less visible from Murray's Mill, and
making a photographic record of the historic district: In
addition, NCDOT will work with the CCHA to relocate a
historic truss bridge to the exsiting crossing to be used as F
a pedestrian bridge. If this is done, the CCHA will be
required to take title and liability for the bridge. I wily
work with NCDOT architectural historians to write a
Memorandum of Agreement and a draft Section 4(f) paper. I
will then coordimate these with FHWA and SHPO.
Mitigation for the plant population will be to provide a
preserve area that will be protected from future impacts.
This preserve could be owned by NCDOT or CCHA. I will work
with the staff biologist, Right of Way personnel, USFWS,
CCHA, and adjacent property owners to determine where, how
large, and how this preserve should be established. Keeping
the fill section as narrow as possible and restricting
clearing and grubbing to the construction limits will also
help reduce the impact to this plant population. I will
continue to coordinate this with FHWA and USFWS.
Other important issues I will be trying to resolve include
who the abandoned roadway approaches revert to, whether the
County Commissioners are willing to abandon the existing
approaches of SR 1003, whether there are willing sellers for
establishing the preserve, and how long the existing bridge
will last as a pedestrian bridge if a truss bridge cannot be
relocated.
If you have questions or comments, please call me at
I33-3141.
1.
e0. 5. -s
>s??
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. JR. DMSION OF HIGHWAYS R. SAMUEL HUNT I I1
GOVERNOR P.O. BOX 2520L RALEIGH. N.C. 27611-5201 SECRETARY
7 November 1994
MEMORANDUM TO: Mr. Vince Barone
Federal Highway Administration
FROM: Wayne Fedora
Planning and Environmental
SUBJECT: Replacement of Bridge No. 152 on SR 1003,
Catawba County, B-2119
I conducted a meeting on 2 November 1994 to give a summary of
recent progress for the project and request input for how to
proceed. I have attached a list of those attending.
Recently, Tim Savidge completed a population survey for the
federally endangered dwarf-flowered heartleaf. Based on the
results of a GPS survey and population sampling, he computed
the population in the project area to be approximately 6.3
hectares (15.6 acres). The population density is 1.2 plants
per square meter. Therefore, there are,approximately 75,750
plants in the project area. Alternate 3, the preferred
alternate, would impact approximately 1,690 of those plants
and 0.14 hectares (0.35 acres) of habitat. Alternate 4, the
alternate evaluated to avoid Section 4(f) impacts to the
Murray's Mill historic district, would impact approximately
2,900 plants and 0.24 hectares (0.60) acres of habitat.
Lee McCrory completed functional designs for alternates 1, 2,
and 3. These designs show the approximate area of impact for
each alternate. Based on these designs, it appears that
Alternate-1 would have more impact to Murray's Mill than
originally-anticipated. Alternate 3. will require moving or
destroying a crib and a barn in the district. Lee will look
at revising the design for Alternate 3 in two ways: one
adjusting the alignment to reduce impacts to the crib and
barn, and the other to evaluate a bridge (the currently
recommended structure is a long span arch).
We discussed mitigation for both resources in the project
area. Suggested mitigation for the dwarf-flowered heartleaf
e

7 November 1994
Page 2
consists of establishing a preserve adjacent to the project
alignment and minimizing the footprint of the alignment.
Suggested mitigation for the historic district consists of
photographing everything in the district, planting a
landscaping screening along the mill side of the alignment,
and erecting a historic bridge at the existing crossing as a
pedestrian bridge.
Two questions that arised are who will manage the.preserve
and do we have a willing seller to establish the preserve
area?
I scheduled this meeting in part to determine how to proceed
towards a meeting with the USFWS, SHPO, and Catwba County
Historical Association. This meeting will be to present
these agencies the project recommendation, anticipated
impacts, and suggested mitigation. In addition, it will be
to solicit their input on each of these issues. I intend to
conduct this meeting with Alternate 3 as the recommended
alternate. I will discuss why this alternate is best
compared to the other alternates, including Alternate 4
(Avoidance Alternate) and Alternate 5 (Realignment on Dam
side of bridge). I will discuss mitigation and allow each
agency opportunity to comment and make suggestions.
I will likely schedule this next meeting after the first of
the year. If you have any questions, or comments, please
give me a call.
Attachment
cc: Mr. Tim Savidge
Ms. Barbara Church
Mr. Lee McCrory
Mr. Abdul Rahmani
Mr. Wayne Elliott
z
Attendance Sheet--B-2119
2 November 1994
Name
Tim Savidge
Clay Griffith
Michele James
Bill Goodwin
Roy Shelton
Vince Barone
Lee McCrory
Barbara Church
Wayne Elliott
Wayne Fedora
Department
Planning and Environmental
Planning and Environmental
Planning and Environmental
Planning and Environmental
Federal Highway Administration
Federal Highway Administration
Roadway Design
Planning and Environmental
Planning and Environmental
Planning and Environmental
Y
T
aswty
r
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. JR R. SAMUEL HUNT I I I 01 GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
11 July 1994
MEMORANDUM TO: Mr. Nicholas L. Graf, P.E.
Division Administrator, FHWA
ATTENTION: Vince Barone
FROM: Wavne Fedora
Planning and Environmental Branch
SUBJECT: Field Meeting for Section 7 Consultation on
Federal Aid Project No. BRZ-1003(14), Catawba
County, T.I.P. No. B-2119
NCDOT personnel met with a representative of the United
States Fish and Wildlife Service (USFWS) at the project site
?t>1. '?tta-hed is a list of those attending. 'ri-ie
participants discussed the project alternates and
for ,he federally endangered dwarf-flow-red
iCi1C?! is of the USFWS requested the following
ini'ormation be provided to analyze the project for Formal
Section 7 consultation:
1. Justification for the proposed alternate. This
should include issues such as cost, safety. traffic
;service. historic interests, and constructability.
2. A map showing the density distribution 'of the plant
population in the project area. This map should
show the proposed alternate in relation to the plant
population and cover the population beyond the
immediate project area to evaluate potential
suitable mitigation areas.
3. Ownership information should be checked for
analvzina potential mitigation areas.
,:);.? ,)el,si??nee noted that c1earin:z ;I n.0 ;Tubb." -OU ;

11 July 1994
Page 2
restricted to the toe of slope on each side of the proposed
alternate to reduce impacts to the habitat in the project
area. In addition, Mr. Wayne Fedora will consult with the
Geotechnical Unit to analyze how much rock is under the
surface along the proposed alignment of an alternate that
would not impact the plant. This analysis will be to
determine the feasibility of this alternate. Feasibility
will be based on the cost of excavating rock and the effects
blasting rock may have on the dam at Murray's Mill.
I believe this information, when available, will provide a
basis for initiating Formal Section 7 consultation for this
project.
Please let me know if you have any questions or comments.
You may contact me at 733-3141.
Attachment
cc: MS. Janice Nicholls. U.S. Fish and Wildlife Service
Mir. David Cox, N.C. Wildlife Resources Commission
Mr. James Wilder, P.E., Bridge Construction Engineer
Mfr. Jimmy Lynch. P.E., State Traffic Engineer
Mr. John Smith, P.E., Structure Design Unit
Mr. Archie Hankins Jr., P.E., Hydraulics Unit
h?..i n. P.jE.. i:oadwa%, Design Unit
Mir. R(-)i) Brown. P.E.. Design Services Unit
roiimenL<Ll Lilit
nit
Corlstructlon Engineer
(1i tndiei f` R_esldent Engineer, Hickory

Sign In List for Field-Meeting--B-2119
Name Department
Wayne Fedora Planning and Environmental
Tim Savidge Planning and Environmental
John Williams Planning and Environmental
Brian Williford Hydraulics
Kruti Skukla Hydraulics
Abdul Rahmani Hydraulics
Janice Nicholls U.S. Fish and Wildlife Service
Reuben Chandler Resident Engineer
Jackie Boyles assistant Resident Engineer
Dan Grissom Division Construction Engineer
I
Greg Jones Bridge Construction Engineer

r1 t G G E •
MAY 0 2 1994
North Carolina Department of Cultural
James B. Hunt. Jr.. Governor
Betty Raj' McCain. Secretary
April 25, 1994
Nicholas L. Graf
Division Administrator
Federal Highway Administration
Department of Transportation
310 New Bern Avenue
Raleigh, N.C. 27601-1442
Re: Replace Bridge 152 on SR 1003 over Balls Creek,
Catawba County, B-2119, 8.2790801, BRZ-
1003(14), ER 94-8645
Dear Mr. Graf:
)IViSICN OF
HIGHWAYS
Thank you for your letter of March 28, 1994, concerning the above project.
We have reviewed the phase I historic architectural resources survey report
prepared by Kitty Houston, architectural historian for the North Carolina
Department of Transportation (NCDOT). Based upon the information provided
the report, we concur with the Federal Highway Administration's (FHwA)
determination that the National Register-listed Murray's Mill Historic District is
only historic property in the area of potential effect for the project.
Murray's Mill Historic District was included in the National Register of Historic
Places on December 31, 1979, under Criterion A for its association with
community oriented milling operations, Criterion B for its association with the
Murray family, and Criterion C for its late nineteenth-early twentieth century
vernacular commercial and residential architecture.
in
the
Based upon the preliminary documentation provided to us at the January 7, 1994
meeting between FHwA, NCDOT, and Historic Preservation Office representatives,
we concur with FHwA's determination that the project will have an adverse effect
on Murray's Mill Historic District. We recommend that FHwA notify the Advisory
Council on Historic Preservation of the above effect determination and consult
with us to develop ways to avoid or minimize the effects on the historic district.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act of 1966 and the Advisory Council on Historic Preservation's
Regulations for Compliance with Section 106, codified at 36 CFR Part 800.
109 East Jones Street - Raleijzh. North Carolina 27601-2807
Nicholas L. Graf
April 25, 1994, Page 2
Q ?
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
Sincerely,
am-M
David Brook
Deputy State Historic Preservation Officer
DB:slw?
cc: " H. F. Vick
B. Church
Catawba County Historical Association
i
t -.. v
JAMES B. HUNT. JR.
GOVERNOR
er?s?
?T
STATE OF NORM. CAROLINA
ARTm. OP TNSPORTATION
P.O. BOX 25201, RALEIG.'I< N:G 276n-5201
10 January 1994
MEMORANDUM TO: File
FROM: Wayne Fedora
Planninz and Environmental Branch
SUBJECT: Historical Considerations for Replacing
Bridge No. 152. Catawba County. T.I.P.
Project B-2119
On ? January 1991 Planning and Environmental staff held a
meeting to discuss historical considerations for B-2119.
Catawba County. The following personnel attended the
meeting:
SAM HUNT
SECRETARY
i
•lr
W"-le
ie?.L0-a
anc_ ?. T.V Li".)n:.),:? T..a

?i cZ?1l? lr: StctrlC i i JCR-'riF0
'?1r. Vince Barone FHWA
The meeting covered three primary- areas of concern: Section
106 effects. Section -lf impacts. and <<TEA enhancement funds.
Gledhill-Earl-% and +Is. Stalicii indicated an Effe-1-t
Determination w,,i be necessary, 1: _tppear.v that any
alternate wiii have an atlverse effect. (A.ternat,-, reacL
on new location behind the -nerai sore. is tentat-ve:, tl,e
preferred alte-nate.) The,: incicn?led *that brinszin;- 1-1 a
Nationa Revlster listed brLdge as a. IJedetitrian ?.nd
.,ccasion•il vehIbr dg'' wil ICt a,:_ as ii!_t_'a Ci, Cam.' trl..'i
pr_)ject. iit iLatioa viii i)e c:)ndacter t:.rou<1:1 ,n ;lirni.:in
impacts by desi^_nin2 the narrow_- st possil,i cress.;-SeCtic",
stvIin,_ the rep :acen:,:?nt Str1:cture i:. acco:-daa.:e ?:itll Lht?
-I;it Li re of the t.istri•_?. et.. ?,,'. c(
PHONE [phone] F.k\ [phone]
- -

File 1/10/94
Page 2
Section 106 compliance the Planning and Environmental (P&E)
staff will prepare a letter for SHPO stating the adverse
effects. The SHPO will provide a concurrence letter, and P&E
and SHPO will prepare a Memorandum of Agreement.
Section 4f impacts are determined by the FHWA. The P&.E staff
will develop an avoidance alternate. P&E anticipates this
alternate will not be feasible and prudent. The P&.E staff
will document why it is not. The P&.E staff will deveiop
planning to minim.iz.e harm. Documentation for the avoidance
alternate and planning to minimize harm will be sent to FHWA
for concurrence.
P&E staff will confer with the Catawba County Historical
Association to determine how enhancement funds will apply to
the historic district. P&E staff will request a detailed
plan from the Association. This plan will be coordinated
with FHWA to determine whether enhancement funds can be used.
Prior to the meeting. Ms. Church and Mr. Fedora discussed
relocating an historic bridge to the historic district.
Ms. Church indicated NCDOT would disassemble. transport. and
unload the bridle. The Historical Association would have to
accept title and liability of the bridt_e. In addition. the
ASSOCiat ion woul_' )e I'_sPoriIZ ?.e Io eass l.Ciii i.P tr
and constr•t:ct n2 a ew slUbs rLIctu_e. is the e-x 5t in=
:u ?s r_ic' u-e in aez:ju att
cL. Nlr. Vince Berorie - r11 WA
Ms. Kitty Houston - NCJOT. Environmental :rii
i
G- gi&bcc 9 AWcktion,
PO Box 73, Newton, NC 28658 [phone]
EI
To: Mr. H. Franklin Vick, P.E., Manager
Planning and Environmental Branch:
Division of 'Highways
North Carolina Department of Transportation
Post. Office Box-25201
Raleigh, North Carolina 27611
From: Catawba County Historical Association
Post Office Box 73
Newton, NC 28658
Subject: Bridge No. 152 on S.R. 1003.
over Balls Creek at Murray's Mill
Federal Aid Number BRZ-1003(4)
State Project Number 8.2790801
TIP No. B-2119
Date: December 12, 1993
DEC 16 1993
:r
Z C-: 1?-'1CN OF
^HIGHWAYS <
c?..log
v
In reference to the replacement of Bridge No. 152 on S.R. 1003 over Balls Creek in Catawba County,
North Carolina, the Catawba County Historical Association(CCHA) would like to express our thoughts
concerning this project.
The CCHA holds in trust the ownership of the 7.5 acre Murray's Mill Historic Site, that is presently
bisected by S.R. 1003 at and near it's crossing of Balls Creek via Bridge No. 152. Major buildings that
makeup the historic site/district are presently situated on either side of S.R. 1003.
It is a primary concern of the CCHA, that we provide for the safety of each visitor to our site,
therefore we support the relocation of the road and the replacement of Bridge No. 152. This proposal
allows for the protection of tourist/visitors to the Murray Mill Historic Site by separating the vehicular
traffic of S.R. 1003 from pedestrians who desire to visit the Murray's Mill Historic Site.
At the recent meeting of CCHA officials, and DOT engineers and officials, a number of issues of mutual
concern were identified:
1) The need for a replacement bridge on the present location of Bridge No. 152 to allow for
pedestrian, handicapped access, bike and limited light vehicular traffic to view the mill from the
east side of Balls Creek. A historic metal truss bridge of appropriate length and weight
requirements would be ideal for this site. Any assistance in obtaining, engineering, relocating
and installing such a bridge would be appreciated.
A United Arts Fund Affiliate of the Catawba County Council for the Arts.
i
2) The waters of our "Friend" Balls Creek are the life blood of the Murray's Mill site. These
waters have been harnessed to form the functional centerpiece of the site, which is an eighty year
old, thirty foot high dam and a grist mill powered by a 28 foot overshot waterwheel. We hold
a keen respect for the forces of the water carried by Balls Creek. The CCHA respectfully
requests that NCDOT engineers be cognizant of the flooding capabilities of this creek and the
future affect of this new crossing on the up stream structures at the existing bridge site, at the
dam, and at the mill.
3) The need to transgress from one side of S.R. 1003 to the other for the existing property owners.
We would hope that the new bridge could be design and built, so that property owners with
property split by the road relocation could access property on the north side of the relocated S.R.
1003 without crossing over S.R. 1003. Future plans by the CCHA are for possible utilization
of it's property on the north side of the proposed road relocation.
4) The effect of the road relocation on important site amenities, such as the septic tank, pumping.
station, drainage field, and water supply for the Murray & Minges' General Store. We hope that
these will be taken into consideration during the engineering process of this project. We have
a detailed topographical map of the site, identify the locations.
5) Consideration of the increasing bicycle traffic that utilizes S.R. 1003 and Murray's Mill for
recreational purposes. We would recommend consideration for this group of citizens that utilize
this road and bridge.
6) That the appropriate vehicular access to and from the Murray's Mill Historic Site be identified
and provided for, thus enhancing the tourism traffic flow to the site.
7) That the natural aesthetics and historic appearance of the site be maintained and/or enhanced by
the road relocation and new bridge installation. This site has been utilized in several full length
movies, commercials and Charles Kuralts' "North Carolina is my Home" video. We feel that
by maintaining and/or. enhancing the appearance of the site, we would also maintain it's
usefulness as a resource to the North Carolina film industry and as a designated tourist attraction.
8) That the integrity of the vegetation in the area of the Balls Creek crossing be maintained. The
vegetation in this area is more like that of the NC mountains than the Piedmont with native
mountain laurels and similar mountain region plants.
The CCHA is excited about the bridge replacement project and we look forward to working with your
department to make this project a success, that will provide for the safety of site visitors while improving
the traffic flow on S.R. 1003.
Very Truly yours,
Paul A. Beatty, Jr.
Secretary,
Catawba County Historical Association
c: Sidney Halma

NOTICE OF A CITIZEN'S INFORMATIONAL WORKSHOP ON THE PROPOSED
REPLACEMENTS OF BRIDGE NO. 152 ON SR 1003 OVER BALLS CREEK IN
MURRYS MILL.
Project 8.2790801 B - 2119 Catawba County
Y
Representatives of the North Carolina Departmentiof
Transportation will hold the above workshop on 3-29, 1993
between the hours of 3 and 7 PM in Murry's Mill in the
community of Murry's Mill. Those representing the NC DOT will
be available to explain the proposed project and to address
any questions. All interested persons are invited to attend
the workshop at their convenience during the scheduled time
period.
Anyone needing additional information on the workshop may
contact Mr. Wayne Fedora, Planning and Environmental Branch,
NC DOT, P.O.'Box 25201, Raleigh, NC 27611 or 919-733-7842.
NC DOT will provide reasonable accommodations, auxiliary aids
and services for any qualified disabled person interested in
attending the public hearing. To request the above you may
call Mr. Fedora at the above number no later than seven days
prior to the date of the workshop. '
MR H. FRANKLIN VICK, P. E., MANAGER CC7 1995 t
t
THIS IS A LETTER OF OPPOSITION FOR THE PREPOSAL CONCERNING
BRIDGE NO. 152 ON SR 1003.
REASONS FOR THE OPPOSITION ARE AS FOLLOWS:
THE LAND IN QUESTION IS NOT OWNED BY CATAWBA COUNTY
HISTORICAL SOCIETY, SAID LAND IS OWNED BY GEORGE H BOWMAN.
ALTERNATE 3 WILL CAUSE A NEGATIVE IMPACT ON 3 DIFFERENT
FAMILIES. THIS PLAN WILL CAUSE A HARDSHIP ON MR BOWMAN,
AND HIS IMMEDIATE FAMILY ON SAID PROPERTY. DUE TO THE ROAD
PLAN IN QUESTION, WATER MAINS TO BOTH HOMES WILL BE CUT
OFF. 1%,411R, BO 14,ik ro S PROFER i z WILL BE Di i IDED, WHICH WILL ? S
CAUSE BOTH POPERTIES TO LOOSE VALUE.THERE ARE LEGAL ,
CONTRACTS ON FILE THAT SHOW MR BOWMAN OWNS THE
MURRAY'S HOME PLACE, CRIB, BARN, AND ADJACENT PROPER - 4Y
THIS DOESN'T SEEM TO HAVE BEEN COSIDERED BY THE DOT. Tlik-l:--
HISTORICAL SOCIETY ONLY HAS RIGHTS TO THE GENERAL STORE
AND ML7'RRAY'S MILL.
IF ALTERNATE 3 IS USED, FAMILIES IN THE SURROUNDING AREA
ARE CONCERNED FOR THIER CHILDRENS SAFETY, BECAUSE SAID
CHANGES WILL LNCIIEASE TRAFFIC AND TRAFFIC SPEEDS. THIS IS
NOT A BUSINESS DISTRICT AND SHOULDN'T BE TREATED AS SUCH.
TI-US IS A RESIDENTIAL AREA. TO CHANGE THE ORIGINAL LAYOUT
OF THE IMIILL WILL ONLY HIURT TIM HISTORICAL, VALLE OF THE
MILL.
ALTERNATE 3 IS ALSO MORE COSTLY TO THE TAX PAYERS, WHICH
I'M SURE YOU WILL AGREE THAT, WE NEED-TO DECIDE ON THE
MOST COST EFFECTIVE PLAN. ALTERNATE 5 HAS THE LEAST
ENAPACT ON THE CON111UNITY, AT A LOWER COST TO THE TAX PAYER.
PROPOSALS T/?Ovcn.r,r CI LA rrr TT' nE}??Tnr c T T X7T .
'' OF ? ?T
i 1r u.'7 1 i t V V1: 1L91/ 1/A1 L Y il f. LVj-LA
WE HOPE THAT SAID COMMENTS ARE CONSIDERED, DUE TO THE
OVERALL EMPACT ON THE COMMUNITY. PLEASE KEEP US UPDATED ON
THIS SITUATION. THANK YOU.

RESPONSE TO CORRESPONDANCE
FROM MR. GEORGE H. BOWMAN
In a letter recieved from Mr. George H. Bowman in late October 1995, Mr.
Bowman stated many concerns about the project. Each of his questions or comments are
addressed directly in the text of the draft document. A copy of the draft document was
sent to Mr. Bowman in early November and in a phone conversation with Mr. Bowman's
daughter-in-law, Mr. Wayne Fedora of NCDOT discussed the issues of concern. Mr.
Bowman will be sent a copy of the final draft of the document as well. NCDOT
understands and regrets that Mr. Bowman's property will be damaged by the proposed
project but given the circumstances of the project, NCDOT believes that the
recommended alternate is the best overall choice. A copy of Mr. Bowman's letter follows
this response.
APPENDIX 2
PROJECT AGREEMENTS

SAMPLE
CONTRACT BETWEEN NCDOT AND NEW OWNER
FOR METAL-TRUSS BRIDGE
NORTH CAROLINA
WAKE COUNTY
This agreement made and entered into this the day of March 1991 by
and between _-. ?..__... hereinafter referred Uo as "the Recipient,"
and the North Carolina Department of Transportation, an agency of the
State of North Carolina, hereinafter referred to as "the Department."
ti .
WITNESSETH THAT
WHEREAS, in 1979 Bridge No. 58 in Catawba County, a pin-connected,
Pratt pony truss with a length of 55 feet, was declared eligible to be
included in the National REgister of Historic Places; and,
WHEREAS, the Department pursuant to State Project 8.2790101,_Cat.awba
County, removed said bridge in order to replace it with a new struzture;
and
WHEREAS, the Department has agreed to transfer and the Recipient has
agreed to accept title to Bridge No. 58 upon the terms and conditions
herein provided;
NOW THEREFORE, in consideration of the terms and conditions herein-
after stated the Department hereby transfers and the Recipient hereby
accepts title to Bridge No. 58 upon the following terms and conditions:
The Recipient will preserve and maintain Bridge No. 58 and the
features which give it historic significance for a period of 10
years or more if feasible and prudent to do so; and
The Recipient will assume all future legal and financial
responsibility for Bridge No. 58 and agrees to indemnify and save
harmless the Department, the Federal Highway Administration, and
the'State of North Carolina. in any liability action with respect
to the bridge.
Vehicular traffic will be prohibited from utilizing Bridge No. 58.
Prior to transfer of ownership, the Department will erect barricades
which are to remain in place permanently.
In witness thereof the Department and the Recipient have this day
executed this agreement.
North Carolina Department of Transportation
Secretary of Transportation
i'
08!03 : 9:- THU 15:23 FAl 704 660 ?782 PS ?SriLi"1LLL
T-sited States Departinerit of the 111.
FISH AND WILDLIFE SERVICE
Asheville Field Office
330 Ridgefield Court
Asheville, North Carolina 28806
August 3, 1995
3/J VV4
TAKES
MDEIN
AMERICAwsmmm

Mr. Nicholas L. Graf, P.E.
Division Administrator
U.S. Department of Transportation
Federal Highway Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601
Dear 'Mr. Graf:
This letter represents the Biological Opinion of the U.S. Fish and
Wildlife Service (Service) concerning the effects of construction of
three North Carolina Department of Transportation (NCDOT) projects in
Catawba County on the federally threatened dwarf-flowered heartleaf
(Hexastylis naniflora). It is provided pursuant to Section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act),
and is in response to your July 20, 1995, request to initiate formal
consultation. This Opinion noes not address requirements of
environmental laws other than the Act. A complete record of this
consultation is maintained and available for your review at this office.
Pro:iect Descriptions
lice NCDOT is proposing the following three construction projects in
Catawba County, all of which involve populations of Hexastvlis naniflora:
(1) Replacement of Bridge Number 152 on SR 1003 over Balls Creek in
the village of Murray's Mill, a historic district (B-2119).
The purpose of the project is to replace a one-lane bridge to
improve safety and facilitate traffic flow. The NCDOT
evaluated three alternatives, each of which involved replacing
the.existing 24 meter (m) long, 6.1 m wide bridge with a 73 m
long, 8.5 m wide bridge. The proposed right-of-way. width is"
24-m and the project length is 152 m. The preferred
alternative involves replacing the existing bridge with a new
structure approximately 200 feet downstream. The proposed
project will result in the loss of 0.4 hectare (;na) of mesic
oak-hickory and 0.1 ha of alluvial forest communities. In
addition, construction activities will result in partial
removal of the streamside canopy, and may contribute to
increased sedimentation into Ball's Creek with concurrent local
O4; 02•.'95 Tilt- L5: 214 FAX [phone] FIVS ASHEVILLE ?J003
changes in temperature and decreases in dissolved oxygen,
respectively. The project will not impact any jurisdictional
wetland communities. Environmental impacts for the proposed
project were evaluated in a November 16, 1993, Natural
Resources Technical Report prepared by NCDOT (NCDOT 1993). A
Categorical Exclusion document was completed on July 26, 1995.
The project is scheduled for construction in 1997.
(2) Construction of the Hickory East Side Thoroughfare, a
multi-lane facility (U-2307). The Thoroughfare would extend
approximately 7 miles, primarily on new location, and would
connect NC 127 north of Hickory to US 70 in the vicinity of
Startown Road. The project will involve construction of a new
interchange at I-40. The purpose of this project is to reduce
traffic congestion on existing roadways and to improve roadway
safety on the east side of Hickory. Ten Build Alternatives
were examined and the preferred alternative was believed to be
the least environmentally damaging with regards to wetlands,
forest lands, and important farmlands. Construction of the
preferred alternative will result in impacts to 0.72 acres of
wetlands and 2.57 acres of surface waters (associated with
stream crossings). The project will involve the relocation of
a portion of Clarks Creek. Environmental impacts associated
with this project were evaluated in a January 10, 1992, draft
Environmental Impact Statement (EIS) and the December 3, 1992,
final EIS (Federal Highway Administration 1992). This project
'is scheduled to be let for construction in September 1995.
(3) Construction of a new interchange at SR 1124 and I-40 near the
Airport Road/Longview area (U-2528AA). This project is in the
conceptual stage, but is proposed to involve the construction
of a new interchange at I-40 at the existing grade separation
at SR 1124. A basic diamond configuration is presently
proposed, and the project length is approximately 4,00 feet
long with a 68 foot roadway width. The purpose of this project
is to provide a direct link from I-40 to the airport in Hickory
(check with WayneD
Consultation History
Surveys for federally listed endangered and threatened species were
conducted by NCDOT biologists on April 4, 1994, for Project B-2119
(Bridge Replacement at Murray's Mill); on May 4, 1995, for Project U-2307
(Hickory East Side Thoroughfare); and on March 21, 1995, for Project
U-2528AA (new interchange at I-40) which resulted in the discovery of.
populations of Hexastvlis naniflora within the right-of-way of the
proposed projects. An earlier rare species inventory was conducted for
Project U-2307 by a consulting firm but no specimens of Hexastylis
naniflora were located.
Protect B-2119: Representatives from the NCDOT held an on site meeting
to notify the Service's Ashev.ille Field Office of the discovery of a
J's U.i::J- iIft L -i 5 i.1:1 U4 36J li zljVU
T '
Hexastvlis naniflora population within the general project area for
Project B-2119 and to initiate informal consultation. On January 11,
1995, another meeting was held at the NCDOT Catawba Maintenance Facility
in Newton to seek concurrence on a preferred alternative for the bridge
replacement project. Representatives from the NCDOT, the Catawba County
Historical Association, the State Historic Preservation Office, Federal
ill yhway Adm'+ rll ; i r'a Ci on ( I'r+A l , and the Service were in attendance. Ti ie
meeting -focused on identifying measures to minimize impacts to the
historic district and the Hexastylis naniflora population. The idea of
establishing a preserve to protect a portion of the Hexastvlis naniflora
population was proposed. The Catawba County Historical Association
expressed interest in the proposal because a preserve, if established
adjacent to the historic district, would provide a aesthetic buffer to
the historic district from future development activities in the general
area.
ProJ ects U-2307 and U-2528AA: On June 23, 1995, a Service biologist met
with representatives from the NCDOT on a field review of three projects
'in the greater Hickory area in Catawba County that contained Hexastvlis
naniflora populations--Projects U-2307, U-2528AA and U-2414 (the Tate
Boulevard Extension). The latter project was dropped from further
discussion because it was determined that construction activities would
likely avoid direct impacts to the existing Hexastvlis naniflora
population. Mitigation options were discussed and the idea of conducting
one combined consultation for Projects U-2307, U-2528AA, and B-2119 was
presented. A Section 7 consultation combining the above mentioned three
projects would not only increase consultation efficiency and
predictability, but would likely enhance conservation options (such as
the establishment of a larger and more meaningful preserve at the
Murray's Mill site versus several small preserves at each project
location).
A meeting was held at the NCDOT office in Raleigh on June 27, 1995, to
further discuss the combined consultation proposal:' This meeting
resulted in an agreement to proceed with a combined consultation for the
three projects in Catawba County. NCDOT agreed to collect plant
population data (population estimates, plant densities, and geographical
extent of the populations) at each of the project sites and to complete a
biological assessment.
On July 20, 1995, the Federal Highway Administration provided a
Biological Assessment which documented that the proposed three projects
may adversely affect Hexastvlis naniflora and requested initiation of
formal consultation with the Service.
Species Status
Hexastvlis naniflora is a rare, low-growing herbaceous plant species in
the birthwort family (Aristolochiaceae). The species is currently known
from a small portion of the upper piedmont of North Carolina and South
Carolina (nine counties). The species was officially listed as
threatened on April 14, 1989, due to imminent threats and long-term
08/03/95 THU 15:26 FAX [phone] PPS aSHEVILLE Z005
vulnerability, At the time of listing, only 24 populations were known to
exist (U.S. 7ish and Wildlife Service 1989) in eight counties.
In the past few years, at least 26 additional populations have been found
in South Carolina and at least 10 new populations have been located in
North Carolina. While seemingly more secure due to the increase in known
populations, all of the populations exist on private lands and only a few
are afforded long-term protection. Presently, only five to six
populations in North Carolina (two to three in Catawba County, three in
Rutherford County) are protected either through verbal agreement, Natural
Heritage registry, or as part of a previous*Section 7 consultation (the
US 321 project in Catawba County). In South Carolina, approximately four
populations are afforded some degree of protection. Several of the
existing sites in North and South Carolina have been degraded due to
residential and industrial development, conversion of habitat to pasture
or ponds, timber harvesting, and cattle grazing.
Hexastvlis naniflora grows in acidic soils along bluffs and adjacent
slopes, in boggy areas next to streams and creekheads, and along the
slopes of nearby hillsides and ravines (Gaddy 1980, 1981). It often
occurs in stands of mixed hardwoods with an understory of mountain laurel
(K lmia latifolia) or rhododendron (Rhododendron sp.) and other
acidiophiles. Hexastvlis naniflora grows in Pacolet sandy loams (not on
heavy clays typical of the Piedmont), Madison gravelly sandy loam and
Musella fine sandy loam. Soil type is believed to be important, as is
moisture and acidity. This species appears to be self-maintaining where
shrubs are rare and light gaps are present.
Effects of the Action
Potential direct impacts resulting from these-three projects would be the
complete or partial destruction of portions of three Hexastylis naniflora
populations/occurrences. The population at Project.B-2119 occurs on
approximately 6.3 ha (15.6 acres); at Project U-2307 the plants are
distributed in two separate populations (historically, this may have
represented one population) which encompass approximately 2.1 ha
(5.2 acres) in total, and the p.1ants at Project U-2528AA are also
distributed in two separate populations (separated by I-40) and occur on
a total of 1.9 ha (3.5 acres). All three of the sites contain thousands
of individual plants; the population at Project B-2119 is the largest in
total area and density of plants, and is the least fragmerLed (appears to
be one contiguous population). Both Project B-2119 and U-2528AA contain
relatively undisturbed, high quality habitat; Project U-230:7 consists of
somewhat degraded habitat (encroaching development, appears to have been
logged in the.not too distant past).
The Biological Assessment provided a summary of the estimated.percent of
the existing Hexastvlis n Lora populations that were within the
project footprint: Project B-2119 will directly impact approximately
2 percent of the population; Project U-2307 will directly impact
approximately 50 percent of the combined two populations.; and Project
U-2528AA will directly impact 36 percent of the combined two populations.
OK 0-3/195 THU 15: 27 FAX [phone] FIVS ASHE17ILLE ,. QJ 006
Other direct and indirect impacts from this project that may degrade
Hexastvlis naniflora habitat include disturbance from construction
activities that may lead to subtle changes in moisture/shading regimes
favoring invasive exotic species such as Japanese honeysuckle (Lonicera
Japonica). Additionally, the effects of population fragmentation on
genetic interchange, while poorly understood, may be another indirect
impact to remaining plant populations.
Cumulative effects are those effects of future non-Federal (State, local
government, private, or any other non-Federal entity) activities on ?
endangered or threatened species that are reasonably certain to occur in
the action area. Future actions in the project areas, particularly in
association with Projects U-2307 and U-2528AA, will likely include
increased private residential and commercial development, which will
likely lead to further losses in the remaining Hexastvlis naniflora
populations. The Service believes that the entire populations at
Projects U-2307 and U-2528AA will be eventually eliminated to secondary
development facilitated by the proposed road projects.
Alignment shifts, to avoid or minimize impacts to the plant populations,
were discussed, but design changes were decided to be either not feasible
or cost prohibitive. Thus, the Biological Assessment outlined the
following environmental commitment that is to be part of the combined
project plans: the NCDOT will pursue purchasing land in fee title (or
conservation easement) from willing sellers to establish a preserve of
approximately 11.9 ha (29.4 acres) in the Murray's Mill area.
Acquisition efforts will begin as soon as consultation with the Service
is completed. The preserve size and configuration was determined based
on an examination of ownership patterns (the goal is to include a portion
of one privately owned tract and all of another tract) and the extent of
the known Hexastvlis naniflora population. The preserve, if established,
will encompass a majority of the plant population (4.7 ha out of 6.3 ha,
or 75 percent) including some buffer land (7.2 ha or 17.7 acres). The
preserve will be conveyed to another responsible entity (such.as the
Catawba County Historical Association or Catawba County) with an
accompanying agreement or deed restriction that the existing plant
population be protected in perpetuity.
The NCDOT and FHWA have also agreed that if establishing a preserve in
the Murray's Mill area is not feasible, they will pursue establishing a
preserve of similar size and quality (with regards to plant population
density and size) at another location in North Carolina,.as agreed upon
by the Service. In addition, if the entire 11.9 ha area, as committed in
the Assessment, is not protected through fee title or conservation.
easement, then Project U-2528AA will be dropped from this combined
consultation and will need to be addressed in a separate consultation at
a future date.
Similarly, the Service has agreed that if the above mentioned preserve is
established, and Project U-2528AA is dropped (not constructed), the NCDOT
may substitute another project involving Hexastylis naniflora contingent
)r 0 lit .1 :35 FAX 704 665 .:75 riSS .1SHE`'ILLE
Q 007
upon Service approval, The Service will evaluate such criteria as plant
population size, habitat quality, landscape context (e.g., rural, urban),
proposed impacts to the plant population, etc. in making a decision on
substituting another NCDOT project.
These three projects combined will involve the direct loss of numerous
Mexastylis naniflora individuals. In a previous consultation with NCDOT
and FHWA (US 321 project) involving this species, a large percentage of
the individuals to be impacted were transplanted to protected areas.
While transplanting was considered as part of this combined consultation,
the Service decided it would not be a major focus of the agreed upon
conservation efforts. Transplanting endangered or threatened plant
species from project impact areas, while minimizing impacts to
individuals, is generally not recommended. The intent of the Act is to
protect the ecosystems upon which these federally listed species depend.
fhu.,, protecting habitat is considered to be a key factor for ensuring
survival and recovery of listed species. The three NCDOT projects will
involve the establishment of a preserve of approximately 29.0 acres of
relatively high quality habitat. This site, and the HexasL lis naniflora
population will be protected through a written agreement (or deed
restriction) with the ultimate owner. Some transplanting of individuals,
to protected sites, or possibly even the collecting of individuals for
Center for Plant Conservation approved botanical gardens, may be carried
out, but will be the sole responsibility of the Service. Any
transplanting efforts will be conducted with prior coordination with
NCDOT.
Bioloaica1 Opinion
The discovery of these three additional occurrences of Hexastvlis
naniflora, in addition to the 36 new populations located since the
species was listed, is an important consideration in assessing the
species' status and the impacts of the three projects. While many of the
existing populations are degraded and/or declining for various known and
unknown reasons, and only a few of the populations are assured. long-term
protection, the species does not appear to be nearing endangerment (i.e.,
moving from threatened to endangered status).. In view of this, it is our
biological opinion that the proposed action is not likely to jeopardize
the continued existence of H x t l.i naniflora.
Incidental Take
Sections 7(b)(4) and 7(o)(2) of the Act do not apply to the incidental
take of listed plant species. However, protection of listed plants is
provided to the extent that Section 9 of the Act requires a Federal
permit for removal or reduction to possession of endangered plants from
areas under Federal jurisdiction, or any act that would remove, cut, dig
up, or damage or destroy any such species on any other area in knowing
violation of any regulation of any State or in the course of any
violation of a State criminal trespass law.

Conservation Recommendations
Section 7(a)(1) of the Act directs Federal agencies to utilize their
authorities to further the purposes of the Act by carrying out
conservation programs for the benefit of endangered and threatened
species. The term conservation recommendations refers to discretionary
agLne, activities to minimize or avoid adverse effects of a proposed
action on listed species or critical habitat, help implement recovery
plans, or develop information.
The Service requests that the following conservation recommendations be
implemented by the NCDOT as part'of the project plans:
(1) the agreement (or deed restriction) to protect plants on the
preserve in perpetuity will include a provision that any
management recommendations made by the Service will be
implemented if resources are available, and that access into
the preserve will be granted for Service representatives and
representatives from state resource agencies with prior
notification to the owner.
(2) the deed for the acquired site will identify that this area was
purchased for conservation purposes.
(3) measures to further minimize impacts to the plant populations
such as keeping the fill section as narrow as possible and
clearing and grubbing to the construction limits will be
.considered during the final design stage of the projects.
(4) a pr_z-bid and pre-construction conference will be held by the
NCDOT to notify contractors of the need to abide by any special
provisions to protect the Nexastvli-s populations as identified
in Number 3 above. These conferences will be attended by at
least one.representative from the Planning and Environmental
Branch and Roadside Environmental Unit. The Service's
Asheville Field Office will be invited to attend.
(5) the Service's Asheville Field Office will be notified at least
one month in advance of the start of construction for all three
projects to allow an opportunity to transplant specimens from
project impact area. The NCDOT, if resources allow, will
provide staff to assist with any transplantation efforts.
In order for the Service to be kept informed of actions that either
minimize or avoid adverse effects or that benefit listed species or their
habitats, the Service requests notification of.the impiementation.of any
conservation recommendations.
This concludes formal consultation under Section 7 of the Act. As
required in 50 CFR 402.16. reinitiation of formal consultation is
required if: (1) new information reveals impacts of this identified
action that may affect listed species in a manner not previously
considered; (2) this action\Js subsequently modified ina manner which
was not considered in this review: or (3) a new species is listed or
08/03 95 flit 1.5:30 FA' 04 665 _7o._ I S ',SHEVILLE
critical habitat determined that may be affected by the identified
action.
The Fish and Wildlife Service appreciates the assistance and cooperation
of the NCDOT and FHWA, particularly staff members, Mr. Tim Savidge.
Mr. Hal Bain. Dr. Charles Bruton, Mr. Wayne Fedora, and Mr. Dan Hinton.
Please keep us informed as to the progress of this project. In any
future correspondence pertaining to this project, please reference our
Log Number 4-2-95-102.
S erely,
rian P. Cole
Field Supervisor
CC:
Mr. Frank Vick, North Carolina Department of Transportation, Planning and
Environmental Branch, P.O. Box 25201, Raleigh, NC 27611-5201
Ms. Linda Pearsall, Director, North Carolina Natural Heritage Program,
P.O. Box 27687, Raleigh, NC 27611
Mr. Cecil Frost, North Carolina Department of Agriculture, Plant
Conservation Program, P.O. Box 27647, Raleigh, NC 27611
Mr. Bob Johnson, U.S. Army Corps of engineers, Regulatory Field Office,
151 Patton Avenue, Room 143, Asheville, NC 28806
Mr. Roy Shelton, Federal Highways Administration, P.O. Box 26806,
Raleigh, NC 27611
X1009
98/93;'95 " HL 1..::31 FA-. "r04 665 .1782 FWS ?SIIEVI LE
References
Federal fighway Administration. 1992. Final Environmental Impact
Statement for the Hickory East Side Thoroughfare, Catawba County.
34 pp.
Gaddy, L.L. 1980. Status report on Hexastylis naniflora. Prepared for
the U.S. Fish and Wildlife Service. Unpublished report. 25 pp.
Gaddy, L.L. 1981. The Status of Hexastylis naniflora Blomquist in North
Carolina. Unpublished report. 58 pp:
North Carolina Department of Transportation. 1993. Replacement of
Bridge Number 152 on SR 1003 over Balls Creek. Natural Resources
Technical Report. 20 pp.
U.S. Fish and Wildlife Service. 1989. Endangered and Threatened
Wildlife and Plants; Determination of Threatened Status for
Hexastylis naniflora. Federal Register 54(71):14964-14967.
010
4 ?

4
APPENDIX 3
MEMORANDUM OF
AGREEMENT
,L
MEMORANDUM OF AGREEMENT
Between the Federal Highway Administration and the North Carolina State Historic
Preservation Officer
Submitted to the Advisory Council on Historic Preservation
Pursuant to 36 CFR 800.6(a)
for the replacement of Bridge No. 152 on SR 1003 over Balls Creek
Catawba County, North Carolina
N
WHEREAS, the Federal Highway Administration (FHWA) has determined that
the replacement of Bridge No. 152 on SR 1003 over Balls Creek will have an effect upon
the Murray's Mill Historic District (Historic District), a property included in the National
Register of Historic Places; and has consulted with the North Carolina State Historic
Preservation Officer (SHPO) pursuant to 36 CFR Section 800, regulations implementing
Section 106 of the National Historic Preservation Act (16 USC 470f); and
WHEREAS, the Historic District cannot be completely and prudently avoided due
to the presence of the federally threatened dwarf-flowered heartleaf and the size of the
district; and
WHEREAS, the North Carolina Department of Transportation (NCDOT) and the
Catawba County Historical Association (Historical Association) have participated in the
consultation and have been invited to concur in this Memorandum of Agreement;
NOW, THEREFORE, FHWA and the North Carolina SHPO agree that the
undertaking shall be implemented in accordance with the following stipulations in order to
take into account the effect of the undertaking on historic properties.
STIPULATIONS
FHWA will ensure that the following measures are carried out:
I. Recordation: The Historic District and its setting shall be recorded before any
construction is initiated using the Historic Buildings and Landscape Recordation Plan,
attached hereto as Appendix A. The recordation plan shall be carried out and copies of
the record shall be sent to the North Carolina SHPO prior to start of construction.
II. Landscaping: NCDOT shall minimize clearing and grubbing for construction of the new
road, and shall install a vegetative buffer on the south side of the new road through the
Historic District. A landscaping plan, which includes the design and selection of plant
materials shall be developed in consultation with the North Carolina SHPO and the
Historical Association. The plan shall emphasize the rural and natural characteristics of
the area rather than being formal. NCDOT shall replace, in-kind, any plant materials
damaged or lost within two (2) years of installation.
J
III. Design of Replacement Bridge or Culvert: NCDOT shall minimize the amount of fill
used to construct the new roadway and creek crossing by maximizing side slopes.
NCDOT shall use either a one-bar metal rail bridge rail on a replacement bridge, or
standard guardrail on a culvert.
IV. Existing Road: NCDOT shall provide the North Carolina SHPO and the Historical
Association an opportunity to review and comment upon plans for treatment of the
existing road and access into the Historic District.
V. Existing Bridge: NCDOT.shall provide the Historical Association with a structural
evaluation of the existing bridge. NCDOT shall continue consulting with the Historical
Association and the North Carolina SHPO to investigate the feasibility of replacing the
existing bridge with a metal truss bridge, which is compatible with the Historic District. If
a suitable bridge is identified and can be installed at the existing crossing, NCDOT and the
Historical Association shall execute a cooperative agreement in accordance with
NCDOT's Historic Bridge Preservation Program
VI. Commenting Period: The North Carolina SHPO and the Historical Association shall
have 30 days from the date of receipt of plans and specifications in which to offer their
comments. If by the end of the 30 day period no response has been received from either
the SHPO or the Historical Association, it shall be presumed that neither has any
objection, and NCDOT may proceed with the work.
VII. Dispute Resolution: Should the North Carolina SHPO object within 21 days to any
plans or documentation provided for review pursuant to this Memorandum of Agreement,
FHWA shall consult with the North Carolina SHPO to resolve the objection. If FHWA or
the North Carolina SHPO determines that the objection cannot be resolved, FHWA shall
forward all documentation relevant to the dispute to the Council. Within 30 days after
receipt of all pertinent documentation, the Council will either:
A. Provide nIWA with recommendations, which FHWA will take into
account in reaching a final decision regarding the dispute, or
B. Notify FHWA that it will comment pursuant to 36 CFR Section
800.6(b) and proceed to comment. Any Council comment provided
in response to such a request will be taken into account by FHWA
in accordance with 36 CFR Section 800.6(c)(2) with reference to
the subject of the dispute.
Any recommendation or comment provided by the Council will be
understood to pertain only to the subject of the dispute; FHWA's
responsibility to carry out all the actions under this Memorandum of
Agreement that are not the subject of the dispute will remain
unchanged.
4•
Executi :demorandum of Agra _- s ." ?. the 1.._ i Caro. ? .
;L1
SHPO, its subsequent acceptance by the Council, and inpicmew4tion of its terms,
evidence that FHWA has afforded the Council an opportunity to com®ent on the
replacement of Bridge No. 152 on SR 1003 over Balls Creek and its effects on historic
properties, and that FHWA has taken into account the effects of the undertaking on
historic properties.
Federal Highway Administration
By. Date:
MCHOIAS LOW
?;wSION ADMINMMTOR
North Carolina State historic Preservation Officer
By: - ?A" ??- Date: 93
Concur:
North Caro' of T ion p
By'. Date: / 7 9.s
Concur:
Catawba County Historical ciation
By. Date:
Concur.
United S Service
By. Date: ?° 3 y
Accepted:
Advisory Co j n Historic Preservation
Y!
,. S?
Appendix A
Historic Buildings and Landscape Recordation Plan
for the Replacement of Bridge No. 152 on SR 1003 over Balls Creek
Catawba County, North Carolina
1. Complete Form 10-920, National Park Service for Buildings No. 2a, 2b, 2c, 2d, 3, 5, and 6 on
Attached Figure.
II. Landscaping: A site plan sketch for each building north of the existing SR 1003, within the Historic -?
District (Buildings No. 2a, 2b, 2c, 2d, and 3) illustrating the following:
* Location and types of major existing landscaping materials associated with
the buildings or site
III. Photographic Requirements: Photographic views of Buildings No. 2a, 2b, 2c, 2d, 3, 5, and 6 within the
Historic District including:
* Overall views
* Each visible elevation
* Details of construction or design including exterior architecturally significant
elements
* Views showing the relationship of the buildings to each other, the road, and
any significant landscape features
IV. Format:
* 35mm or larger black and white negatives (all views)
* 8 x 10 black and white prints (all views)
* Color slides (all views)
* All processing to be done to archival standards. Fiber-based paper is the
traditional archival standard. According to Kodak; however, their resin-
coated paper meets archival standards if it is stored in total darkness(in an
envelope) and at low humidity.
* All photographs, negatives, and slides to be labeled according to Division of
Archives and History Standards.
V. Copies and Curation:
One (1) set of all negatives, prints, and slides will be deposited with the
North Carolina Division of Archives and History/State Historic Preservation Office to be made
a permanent part of the statewide survey and iconographic collection.
One (1) set of all 8 x 10 black and white prints and one set of slides will be provided to the
Catawba County Historical Association for their files.
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AREA 0- POTENTIAL EFF'ECT MAP
B-2119, CATAWBA COUNTY
?e area of potential effect
-43
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