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HomeMy WebLinkAbout19960230 Ver 1_Complete File_19960306State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director A 4 ED EHNR March 8, 1996 McDowell County DEM Project # 960230 State Project No. 8.2870401 TIP #B-2586 APPROVAL of 401 Water Quality Certification Mr. Franklin Vick N. C. Dept. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: You have our approval to impact in 0.01 acres of waters for the purpose of conducting survey activities at SR 1150, Bridge No. 175, as you described in your application dated 28 February 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3027. This certification allows you to use Nationwide Permit Number 6 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733- 1786. Sincerely, ston Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Dorney Central Files 960230.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper A C. DEPARTMENT OF TRANSPORTATION DATE TRANSMITTAL SLIP O: REF. NO. OR R OM. BLDG. U)u M: REF. NOR ROOM, B: ?rnnn?. ??iri c ? ACTION ? NOTE AND FILE ? PER OUR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS •J sti 1, 1. 3J ' 17 ^,•? , a2gi STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAiMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. Go ER"^R T"-" POX 352.01. RALEIGH N.C. t^. 7611-5201 SECRET.aRY February28, 1996 Regulatory Branch U. S. Army Corps of Engineers Wilmington Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 ATTENTION: Mr. Cliff Winefordner Chief, Southern Section Dear Sir: RECEIVED MAR Q 6 1996 "IRON&ENTAL SCIENCE.,, PAp },rnV 4ZZ 1515 OeD Subject: McDowell County, Replacement of Bridge No. 175 over the Second Broad River on SR 1150, Federal Aid Project No. BRZ-1150(5), State Aid Project No. 8.2870401, T.I.P. No. B-2586. The Categorical Exclusion document for the subject project is in the process of compilation. It is anticipated that foundation investigations will be required that will ircl+?,'e foil a, d"or rock for in-site testing as well as obtaining samples for laboratory testing. These activities will require authorization under Nationwide Permit No. 6 (survey activities) and would not require further notification if not for the fact that this project will take place in a mountain trout county With this informat#,dd ' mind, the North Carolina Department of Transportation is requesting that NC rev* w the enclosed information, and provide comments to the Corps of Engineer e Corps of Engineers authorize the survey activity under Nationwide Permi ordance with 33CFR Appendix A (B-6). 0 2 Enclosed please find a project site map and the Natural Resources. Technical Report. If you ha%e any questions or need additional information please call Ms. Alice N. Gordon at 733-7844, Ext. 307. Sincerely, H. Franklin Vick, P.E., Manager Planning and Environmental Branch HFV;'plr cc: w/attachment Mr. Robert Johnson, Corps of Engineers, Asheville Field Office Mr. John Dorney, NCDEHNR, Department of Environmental Management Ms. Stephanie Goudreau, WCR 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. W. D. Smart, P. E., Division 13 Engineer Mr. Charles R. Cox, P.E., P & E Project Planning Engineer :«t?e li NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DMSION OF HIGHWAYS PLAONNING AND eWM0NNMNrPAL BRANCH SR 1150 OVER SECOND BROAD RIVER BRIDGE NO. 175 McDOWELL COUNTY T. I. P. NO. B - 2586 0 mile 112 FIG. 1 • ` Mossent J • ` 1 l to at V am, • ` ?Rie;eoest • Sugar re Drs: 1., 02 .00 , .16 'I 1• 1T! . .33 McD ELL A 'it ute L'aa/' L r /???Tuh. ? ? ;c6Pr ? ?G?natil 1-0----0 STUDIED DETOUR ROUTE h d ? y? / .. ? .+ .. 3t - 'T. •? ?? ter.' { Fy '? t ? i Ya`A ` pf 2 r f? , S? Y t. M L j w 1 1 m ,00 $p¢m F= i J r m 2 W 2 ' 300 OZ Up; w ? ? y Y ! ? Y O Q H 2 W µ O S F" f. , +a: - F N .4K t. f I %5 Cr EX! ST;?1C ?vNDITiO^:S TIP PROJECT NO. B-2586 ti::i1:,u ?y WEST SIDE I )) 4®r/ . ZONE X vell County Goose )orated _ xeas --? 370148 ZONE A J i Z ct 174 M s ZONE A Creek f ZONE X ?r-- Imo? 01T \? U 1786 1 •- GVS / N II \ r, 1,79 BRIDGE NO. 175 ZONE X /? C{eeK n 1150 1 X11 I I 711 ZONE A ?.V'/ IlU ? gra h U ? ? 100-YEAR FLOODPLAIN LIMITS ?°`? aoF ? Cat"p 1 0 ?, I ZONE A o: ZONE X ZONE A V . III ? ?_. 8'?O-sn ' ? 4a u` N ? , i I I Proposed Replacement of Bridge No. 175 on SR 1150 over Second Broad River McDowell County TIP # B-2586 State Project No. 8.2870401 F.A. Project No. BRZ-1150(5) Natural Resources Technical Report B-2586 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH ENVIRONMENTAL UNIT RUBY PHARR, ENVIRONMENTAL CONSULTANT NOVEMBER 18,1994 _.B-1 TABLE OF CONTENTS 1.0 lei iTRODUC i.L .................................................... ...... ti i D ..................................... ..................................... 1 1 on ....................................... p escr 1 Project 1 . ........ ........ P .......:...:......................... 1 .............................................. urpose 1.2 ............ A d ..................................... 1 rea .............................................. y 1.3 Stu ........................ 4 Methodolo 1 ..................................... 1 gy . 1.5 Physiography and Soils .................... ................... ..................................... _ 2.0 WATER RESOURCES .................................................................................. 2 2.1 Waters Impacted ............... ............... 3 2.1.1 Stream Characteristics ...................................................................) 2.1.2 Best Usage Classification ............................................................. 3 2.1.3 Water Quality ..................................... .......................................? 2.2 Anticipated. Impacts: Water Resources ................................................... 4 3.0 BIOTIC RESOURCES ............................................................. ...................... 4 3.1 Terrestrial Communities .........................._......................... ...................... 4 3. 1.1 Man-Dominated Community .................................. ...................... 4. 3.1.2 Piedmont/Low Mountain Alluvial Forest ...................................... 5 3.2 Aquatic Community ......................................................... ....................... 6 3.3 Anticipated Impacts to Biotic Communities ........................ ..... 6 3.3.1 Terrestrial Community ........................................... ....................... 7 3.3.2 Aquatic Community ............................................... ....................... 7 4.0 SPECIAL TOPICS ................................. ....................... 8 4.1 Waters of the United States: Jurisdictional Issues ............. ....................... 4. 1.1 Permits .................................................................. ....................... 8 4.1.2 Mitigation .............................................................. ....................... 9 4.2 Rare or Protected Species ......... ................ 9 4.2.1 Federally Protected Species ................................... ....................... 9 4.2.2 Federal Candidate and State Protected Species ...... ..................... 11 5.0 REFERENCES ............................................................................................ 14 B-2 1.0 INTRODUCTION. The following report is submitted to assist in preparation of a Categorical Exclusion (CE) for the proposed replacement of bridge # 175 on SR 1150 over the Second Broad River in li;.Dow-ell Cou:.r,y. L:c::ded are inventories of natural resources occurring within the project area and identification of environmental concerns which must be addressed in the planning stages of the project. 1.1 Project Description Two alternatives are proposed for this project. Each alternative proposes replacement of the existing 18.6 m (62 ft) long 3.3 m (11 ft) wide steel truss bridge with a 18.9 m (63 ft) long 7:2 m (24 ft) wide structure. A triple barrel 3.6 in (12 ft) by 2.7 in (9 ft) reinforced concrete box culvert is proposed. Proposed right-of-way (ROW) for both alternatives is 12 m (40 ft). Project length is 137 m (450 ft). Alternate 1 The existing bridge will be removed and replaced at its existing location. The road will be closed during construction. Traffic will use an alternate route. Alternate 2 - Bridge No. 175 will be replaced approximately 7.5 m (25 ft) west of the existing bridge with realignment of approaches. Traffic will be maintained on an alternate route during construction. The road will be closed. 1.2 Purpose The purpose of this document is to inventory, catalog, and describe the natural resources identified within the project vicinity and estimate potential impacts to these resources. Recommendations for measures which will minimise resource impacts are included. 1.3 Study Area The proposed project site lies in McDowell County approximately 3.2 km (2 mi) south of Glenwood. (Figure 1) This site is in a rural hilly setting. The immediate landscape surrounding the project site has been altered by man, including fields, lawns, and roadways. Industry Agriculture, and Recreation are primary land uses in the county. 1.4 Methodology Preliminary resource •: formation was gathered and reviewed prior to the site visit. Information sources included: U.S. Geological Survey (USGS) quadrangle map B-3 McD ELL-,r 12 LaA* get, Tun ? f F4 asant Garden i 5 70 ?G?H t+rOnn a •? ?P?? ! 110 A , td ort t ` . r -Irmood 1. `• /? Sugar Mitt/// }D DYstrtsvdl ??? / ? 221 MpN j+ 33 17" , •• .23 +.: *41 NORTH CAROLINA DEPARTMENT OF t? TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH BRIDGE NO. 175, SR 1150 McDOWELL COUNTY T. 1. P. PROJECT B - 2586 B-4 FIG. 1 2 (Clenw ood), Sou Conservation (SCS) soils map of this section of McDowell County, NCDOT aerial photograph of project area (1:1200), North Carolina Division of Environmental Management (DEM) water-quality classifications for the Broad River Basin, Fish and Wildlife Service (FWS) list of protected species and North Carolina Natural Heritage Program (NC-N`HP) database of uncommon and protected species and unique habitats. Field surveys were conducted along the proposed alignment on October 10, 1994. Plant communities were identified and recorded. Wildlife was surveyed using a number of observation techniques: active searching, visual observations (binoculars), and recording the identifying signs of wildlife (sounds. scats, tracks. and burrows). Cursory surveys of aquatic communities were conducted. 1.5 Physiography and Soils Most of McDowell County is in the east-central part of the mountain Physiographic Province. The southeastern part of the county lies in the foothill area of the Piedmont Physiographic Province. The B-2586 project site is in this southeastern area. The topography of the county is predominantly strongly sloping to very steep uplands. Elevations in the county range from 294 m (980 ft) to 1699.5 m (5,665 ft). The project site elevation ranges from 372 m (1240 ft) and 378 m (1260 ft). The soil found in the vicinity of the proposed project is the Rosman loam. This soil consists of very deep, well drained soils that formed in stream sediments. This soil occurs on floodplains along major streams and is occasionally flooded for very brief periods. Slope is 0 to 3 percent. Rosman soil is a coarse-loamy, mixed, mesic Fluventic Haplumbrept. Rosman loam has moderately rapid permeability and surface runoff is slow. Depth to bedrock is greater than 1.5 m (5 ft). The seasonal high water table is 1.2 m (4 ft) to 1.5 m (5 ft) below the surface. Rosman loam is not a hydric soil but all areas of Rosman loam are listed as important farmland. However, the occurrence of this soil at this site is a narrow foodplain of limited use for farmland. 2.0 WATER RESOURCES This section describes the physical characteristics, Best Usage Standards, and water quality of the water resources to be impacted by the proposed project. Probable impacts to these waters are also discussed. E?-5 3 2.1 Waters Impacted Second Broad River is in the Broad River Basin and arises approximately 11 Ian (7 mi) northwest of the project crossing. The river flows generally west to east at the project site before turning south to join the Broad River at river mile 10.7. The confluence of the Second Broad River and the Broad River is located approximately 38.4 km (24 mi) south of bridge N o. 175. 2.1.1 Stream Characteristics Second Broad River is approximately 7.5 m (25 ft) wide, with depths ranging from 0.15 m (0.5 ft) to 0.45 m (1.5 ft) with few pools. The substrate is composed of sand, gravel and boulders with occasional rocky shoals. Some sedimentation is present but the water is generally clear. 2.1.2 Best Usage Classification From its source to Robersoti Creek, Second Broad River has been assigned a Best ' Usage Classification of Class WS-V by the North Carolina Department of Environment, Health and Natural Resources (DEHNR, 1993). Class WS-V designates waters protected as water supplies which are generally upstream and draining to Class WS-IV waters; no categorical restrictions on watershed development or treated waste-water discharges are required, however, the Commission or its designee may apply, appropriate management requirements as deemed necessary for the protection of down-stream receiving waters. Class WS-V waters are also suitable for all Class C uses. Class C designates waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. No waters designated as High Quality Waters (HQW), Outstanding Resource Waters (ORW), WS-I or WS-II occur within 1.6 km (1 mi) of the project area. 2.1.3 Water Quality The Ben*E-cMacroiyvertebrate Ambient Network (BMANl) assesses water quality by sampling for selected benthic macroinvertebrate organisms. The species richness and overall biomass are reflections of water quality. The only sampling recorded for Second Broad River was taken near Cliffside on SR-1973 in Rutherford County - over 32 km (20 mi) south of the project site. A rating of "Good-Fair" was given the river at that point in July, 1989. The DEM National Pollutant Discharge Elimination System (NPDES) report lists no permitted discharge sources for this section of Second Broad River. B-6 4 2.2 Anticipated Impacts: Water Resources Potential impacts to the waters affected by the proposal project include decreases of dissolved oxygen and changes in water temperature. This may occur due to removal of streamside canopy. Other•impacts to water resources in the project area could occur from substrate disturbance, sedimentation and increased turbidity. Increased sedimentation may clog gius and smotaer eggs of many aquatic orgams.nas that are irm-c-nant. in t±e food chains of many other species. A fish kill could result from allowing wet concrete to come in contact with river water. Best Management Guidelines should be enforced to prevent degradation of this stream. 3.0 BIOTIC RESOURCES This section describes the ecosystems encountered and the relationships between dominant plant and animal species within the terrestrial and aquatic communities at this site. Scientific nomenclature and common name (when applicable) are used for species described. Subsequent references to the same species will use common name only. Animal species which were observed directly and indirectly during the field survey are denoted with an (*). Complete listings of the flora and fauna which may occur in the study area can be found in one or more of the technical references listed in section 5.0. 3.1 Terrestrial Communities Two distinct biotic community types were identified in the project impact zone, however, there is some degree of overlap between communities, particularly the faunal components. Many terrestrial animals utilize a variety of habitats and may occur throughout the area. 3.1.1 Man-Dominated Community This highly disturbed community includes maintained roadsides, and river banks, a small field, and mowed lawm. Most of the plants in these areas have either been planted by man or are "weedy' species adapted to disturbed areas. The low-growing mowed roadside vegetation includes Fescue grasses (Festuca spp), red clover Trifolium ratense , dandelion TaraKacum"offmcsiale , plantains '.antaso spp), yarrow Achilles rnillefolium , and Queen Anne's lace , Daucus ca-rota). The less intensely maintained road banks and river banks south of Second Broad River contain: stump Sprouts of llu`:al fOreS* h,-dxocds, thistle C;rs ,M altissim Joe-Pye Weed (EuoatT ovum fistulosum , wingstem Verbesina occidentalis ,sensitive B-7 5 briar (Schrankia microohylla), ox-eye daisy (Chrysanthemum leucanthemum), Aster Aster spp), goldenrods Solid?Qo spp.) black raspbem, (Rubus occidentalis), and Japanese honeysuckle Lonicera 'a onica The small field was partially used as a vegetable garden early in the growing season, but has been allowed to grow up in tall weedy species, including: woolly mullein (Verbascum t sus), goldenrods, aster, sourg ass (RMex acetvsel'.a),'ucrse:vesd Eri eron canadensis), evening primrose Oenothera biennis , ground cherry Ph salis virgruana , broom straw (Andropoeon scoganus), wild lettuce actuca canadensis), Johnson grass (Sorahum hale ense , crabgrass (Digitaria sansuinalis), and ragweed Ambrosia artemisii folia). A small area of slightly higher elevation which will be crossed by Alternate 2 is dominated by second growth Virginia pines Pinus tiir) and a sparse layer of early successional herbs. Most of the area south of the river is occupied by the mowed lawns of two homes that are located there. The river banks there have been raised by grading for the home sites and are periodically cleared. The Man-Dominated Community is made up of small fragmented areas that would have limited habitat for resident species Also the presence of man in the area would also limit animal usage of the area. However, some opportunistic animal species residing in nearby areas would use these areas as foraging zones. Various species of reptiles, birds, and mammals may venture into the garden or roadside environment to feed on seeds, berries, roots, and insects. These species include: Carolina chickadee Parus cazolinensis)*, northern cardinal Cardinalis cardinalis), American robin Turdus miuratorius), Carolina wren (Thrvothorus ludovicianus) and white-throated sparrow (Zonotrichia albicollis . Snakes such as the black racer Columber constrictor and eastern garter snake (Thamnophis sigg s may venture into this habitat to feed on insects and small mammals. Cottontail rabbit Svlvilaaus floridanuis mallurus , Eastern Virginia opossum Didei his vir ' 'ana , striped skunk (Mephitis me hitis and raccoon (Procyon lotor frequently forage nocturnally in these habitats and travel along roadways. As a result, they may become roadkills which may attract scavenger species including turkey vulture (Catana*tes aura and common crow Con-us brachvrhvnchos)*, as well as domestic dogs and cats. 3.1.2 Piedmont/Low Mountain Alluvial Forest This palustrine community exists in narrow floodplain adjacent to the Second Broad River on its south side. The dominant canopy trees are sycamore Platanus occidentalis), black walnut Ju ians ni a and yellow poplar (Liriodendron tali ifera . Other canopy trees present include white ash raxinus americans , and white oak uercus alb. Subcanopy trees include hop hornbeam (Catpinus caroliniana , BI-4 6 American holly (flex pacs), dog rood (Cornus florida), seniceberry (_ melanchier arborea), persimmon Dios os vir iniana , witch hazel (Hamameiis virs ana), hawthorn Crataeaus flabellata), and wild cherry Prunus serotina). Shrubs include tag alder (Alms serrulata , hazelnut (Corvlus americana), yellowroot (Xanthorhiza simplicissima) and dog hobble Leucothoe fontanesiana). Vines present include Virginia creeper (Parthenocissus virsinianai, trumpet vine (Can sis radicans), gieenbriars (Smilax spp.) and poison ivy (Toxicodendron radicans). A sparse herb layer includes river cane (Arundinaria Qisantea , false solomon's seal Smilacina racemosa), arrow-leaf ginger (Hexastvlis g folia), bedstraw (Galium tinctorium , New York fern (Thelvypteris noveboracensis), gape fern (Botrvchium sp.) and violet (Viola sp.). This small corridor along the river would be utilized by most of the species already listed. This small community is limited in its ability to support a unique faunal community,- 3.2 Aquatic Community The vegetation along the river would provide a good supply of terrestrial detritus to provide food chain energy. The dedritus is decomposed by bacteria or consumed by macroinvertebrates such as aquatic insects. Aquatic invertebrates are a major component of stream ecosystems, as primary and secondary consumers, and as prey species for fish, frogs, birds, and mammals. Aquatic invertebrates, including crayfish (Cambaridae spp.) and insects are present in Second Broad River. Too small to support game fishing. Second Broad River contains the following species: yellowfin shiner (Notronis luti-i s), Fiery back shiner 'otro is pvrrhomelas), blacknose dace (Rhinichthys atratulus), striped jumprock (Vloxostoma ru iscartes , highback chub bo sis h sinotus , seagreen darter (Etheostoma thalassimum), and stoneroller (Compostoma anomalum . Vertebrate species associated with the aquatic environment include: Queen snake Rena seDten which feeds on cravfish; northern duscky salamander (Desmognathus fuscus and two-lined salamander (Eurycea bislineata), green frog Rana clamitans mainly feed on insects, snails and worms. Raccoons also utilize aquatic organisms as food including crustaceans, fish and amphibians. 3.3 Anticipated Impacts: Biotic Communities Biotic community impacts, resulting from project construction are being addressed separately as terrestrial impacts and aquatic impacts. However, it is important to understand that construction impacts may not be resL.Icted to the community in which it B-9 7 occurs. All measures possible should be taken to ensure no sediment leaves the construction site. 3.3.1 Terrestrial Communities The natural communities that originally occurred in the project area have been fragmented aid reduced as a result of l,re icus development. However since Alternate 1 r -7 plans to follow the same route as the existing bridge and roadway and maintain the same 12 m (40 ft) right-of-way that now exists, little additional disturbance or fragmentation will occur permanently. Alternate 2 will require a larger area of disturbance because the bridge and the roadway- will be replaced along a new alignment. Vegetation will be removed and more grading willbe required increasing tre risk of sedimentation reaching the river. Mobile species will be displaced during the acti-, ity associated with V construction and may return but small burrowing animals may be destroyed. Reducing shelter, nesting and foraging habitat will reduce animal species. Impacts in hectares/acres, based on 12 in (40 ft) ROW are shown in Table 1. TABLE 1 Estimated Impacts to Terrestrial Communities Community Type* Hectare/Acre Alternative # MD P/LIUA.F Total Alternative 1 0.14/0.34 0.01/0.02 0.15/0.36 Alternative 2 0.17/0.41 -0- 0.17/0.41 "*" MD = Man Dominated Community P/LMAF = Piedmont/Low Mountain Alluvial Forest 3.3.2 Aquatic Community Anticipated impacts to the stream community are related to construction - related habitat disturbance and sedimentation. Even though disturbance and sedimentation may be temporary during construction, environmental impacts from these processes may be long-lived or irreversible. The aquatic environment is a major food source for terrestrial species, and a means of predator avoidance for amphibians, and snakes in the area. Construction- related sedimentation can be harmful to local populations of invertebrates. Filter feeders may be covered and smothered by substrate disturbance and sedimentation resulting from E-10 8 construction - related erosion. Increased sediment loads and suspended particulates may smother fish eggs, reduce oxygen - carrying capacity, and change .eater-temperatures. Removal of shading vegetation could also affect water temperatures. Contact with wet concrete would also affect water quality and aquatic organisms. 4.0 SP_ECLAL TOPICS 4.1 Waters of the United States Wetlands and surface waters fall under the broad category of "Waters of the United States" as defined in 33 CFR 328.3 and in accordance with provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344) and are regulated by the U.S. Army Corps of Engineers (COE). Potential wetland communities were evaluated using the criteria specified in the 1987 "U.S. Army Corps of Engineers Wetlands Delineation Manual." For an area to be designated a "wetland," the following criteria three specifications must be met: 1) presence of hydric soils, 2) presence of hydro phytic 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. No wetland communities were identified within the project ROW. Construction of the proposed project will have no impacts on any jurisdictional wetland communities. 4. 1.1 Permits Construction is likely to be authorized by provisions of General Nationwide permit 33 CFR 330.5 (A) - 23. McDowell County is one of 25 counties designated as having trout waters. Projects in these counties must be reviewed and approved by the North Carolina Wildlife Resources Commission prior to the issuance of the COE permit. Also, Section 401 of the Clean Water Act (CWA) requires that the state issue or deny water quality certification for any federally permitted or licensed activity - at may result in a discharge to the waters of the United States prior to issuance of the COE permits. The N.C. Wildlife Commission states that trout do not occur at this project site and that they are unaware of any other special concerns for this area. B-11 9 4.1.2 Mitigation Since this project will likely be authorized under a Nationwide permit, mitigation for impacts to surface waters is generally not required by the COE. A final determination regarding mitigation requirements rests with COE. 4.2 Rare or Protected Species Federal law requries 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 FWS and/or the National Marine Fisheries Service, under the provisiosn of the Endangered Species Act (ESA) of 1973, as amended. Endangered species receive additional protection under separate state statutes. In North Carolina protectoin of plant species falls under N.C. General Statutes (G.S.) 106-202.12 to 106- 202.19 of 1979. Wildlife protection falls under G.S. 113-331 to 113-337 of 1987. 4.2.1 Federally Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. The Fish and Wildlife Service (FWS) lists three (3) federally protected species for McDowell County as of November 17, 1994. These species are listed in Table 2. Table 2. Federally Protected Species - McDowell County SCIENTIFIC NAME COMMON NAME STATUS Glaucomvs sabrinus coloratus Carolina northern flying squirrel E Hedyotis putpurea var. montana Roan Mountain bluet E .Hudsonia montana Mountain golden heather T "E" denotes Endangered (a species that is threatened with extinction throughout all or a significant portion of its range). "T" denotes threatened (a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range). B-.12 10 Glaucomvs sabrinus coloratus (Carolina northern flying squirrel) E Animal Family: Sciurdiae Date Listed: 7/1/85 Distribution in N.C.: Avery, Buncombe, Graham, Haywood; Jackson, McDowell, Mitchell, Swain, Transylvania, Watauga, Yancey. The Carolina northern flying squirrel has a large well furred trap of skin along either side of its body. -This furred flap of skin is connected at the wrist in the front and at the ankle in the rear. The skin flaps and its broad flattened tail allow the northern flying squirrel to glide from tree to tree. It is a solely nocturnal animal with large dark eyes. This squirrel is found above. 1517 meters ('5000 ft) in the vegetation transition zone between hardwood and coniferous forests. Both forest types are used to search for food and the hardwood forest is used or nesting sites. BIOLOGICAL CONCLUSION: NO EFFECT No habitat exists in the project study area for the Carolina northern flying squirrel.:. _ It can be concluded that the subject project will not impact this Endangered species. Hedyotis ppMurea var. montana (Roan mountain bluet) E Plant Family: Rubiaceae Date Listed: May 7, 1990 Flowers Present: June through August or September Distribution in N.C.: Ashe, Avery, Nlitchell, Watauga, Yancey, McDowell Roan Mountain bluet is a low perennial herb, 0.4 - 2.1 dm high. It usually grows in loose tufts. A bluet with deep purple flowers borne in dense few-flowered cymes, it is a compact plant with ovate leaves. Hed otipurpurea var. montana has corollas 8 - 12 mm long, stems glabrous or nearly so, internodes 0.5 - 4 cm long, cauline leaves to 3 cm long and 1.3 cm wide. Basal oval to spatulate leaves form a rosette in winter, usually withered at flowering time. The deep purple flowers are funnel-shaped, 8 - 12 mm. Iona with 4 lobes shorted than tube. Mature capsules are roundish, 2.0 - 4.0 mm long and 2.0 - 4.0 mm wide with many seeds. This plant occurs on mountaintops, exposed to full sunlight, in the shallow acidic soils of high elevation cliffs, outcrops, steep slopes, and gravelly talus associated with cliffs. Its ideal habitat appears to be a moss-sedge-grass mantle that carpets a thin, moist to wettish, black humified fine sand over granite rock °outcrops, steep slopes, and bluff ledges. No critical habitat has been designated. 5-13 11 BIOLOGICAL CONCLUSION: NO EFFECT The study area does not support suitable habitat for this species. No impact to Roan Mountain bluet will occur from proposed construction. Hudsonia montana (mountain golden heather) T Plant Family: Cistacae Federally Listed: October 20, 1980 Flowers Present: Mich to late June Distribution in N.C.: Burke, McDowell Mountain golden heather is a low, needle-leaved shrub that is yellow-green in color. It usually grows in clumps 0.1-0.2 in (4-8 in) across and 0.2 in (6 in) high, it sometimes occurs in clumps that are a 0.3 in (12 in) or more across. The leaves from the previous year are retained and apper scale-like on the older branches. Leaves are from 3- 7 mm (0.1-0.3 in) long and appear awl-shaped and thread - like. It forms solitary, terminal, lanceolate flowers that are nearly three centimeters across. These yellow flowers have five blunt-tipped petals and 20 to 30 stamens. Fruit capsules have three - projecting points at the tips, are roundish, and are found on 13 mm (0.5 in) stalks. Hudsonia montana occurs in weathered rocky soils on mountain tops. It can be found on exposed quartzite ledges in an exotone between bare rock and heath balds dominated by and myrtle (Leiophyllus sp.) which merge into pine forest. Plants do live in partially shaded areas, but do not appear to be as healthy as those found in open areas. Critical habitat has been designated in Burke County North Carolina. BIOLOGICAL CONCLUSION: No effect. The study areas does not support suitable habitat for this species. No impact to mountain golden heather will occur from proposed construction. 4.2.2 Federal Candidate and State Protected Species There are nine (9) federal candidate (C2) species listed for McDowell County. Candidate 2 (C2) species are defined as "taxa for which there is some evidence of vulnerability, but for which there are not enough data to warrant a listing of Endangered, Threatened, Proposed Endangered, or Proposed Threatened at this time." These species are mentioned here for informational purposes, should they become protected in the future. Table 3 lists these federal candidate species. B-14 12 Table 3. Federal Candidate Species (and their State Status) listed for McDowell County COMMON NAME (Scientific Name) Eastern small-footed bat lvl ods subuiaius ieibi ) Eastern woodrat Neotoma floridan magi Cerulean warbler (Dendroica cerulea) Bog turtle Clemmvs muhlenberQii) Diana fritillary butterfly S everia d'iana) Butternut Ju lans cinerea) Gray's lily ilium rat) Oconee-bells Shord galacifolia} Short-styled oconee-bells Shord galacifoli a var. brevistyla) STATUS HABITAT Federal State C2 SC No C2 SC No C2 SR Yes C2 T No C2 SR No C2 WS Yes C2 T-SC No C2 E-SC No C2 E-SC No Surveys for these species were not conducted during site visits, nor were any of these species observed. The North Carolina status of these species is also listed in Table 3. Plants or animals with state designations of Endangered (E), Threatened (T), or Special Concern (SC) are given protection by the State Endangered Species Act and the N.C. Plant Protection and Conservation Act of 1979, administered and enforced by the North Carolina Wildlife Resources Commission and the North Carolina Department of Agriculture. Other State designations given and their implications are: E - SC (Endangered - Special Concern) T - SC (Threatened - Special Concern) These species may not be collected from the wild for any purpose without a special permit. Only propagated material of these species may be traded or sold under specific regulations. B-15 13 SC (Special Concern) Any species of plant in North Carolina which requires monitoring but which may be collected from the wild and sold under specific regulations. C Candidate W J ()Watch Category 5 =rare uc'cailSe oil sever., ,..,c.u..., 111V1LIVJ r V..+ have declined sharply in North Carolina, but which do not appear yet to warrant site-specific monitoring. SR - (Significantly Rare) Species which are very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction (and sometimes also by direct exploitation or disease). B-16 14 5.0 REFERENCES Botror, D.J., N.F. Johnson, C.A. Triplehorn. 1989. An Introduction to the study of Insects. New York, Saunders College. Cowardin, L.M. et. al., 1979. Classification of Wetlands and Deepwater Habitats of the 141- United States. U.S. Fish and `v?'ilu;:fe Ser• -- Daniels, R.B., H.J. Kleiss, S.W. Buol, H.J. Byrd, and J.A. Phillips. 1984. Soil Systems in North Carolina. North Carolina Agricultural Research Senice. North Carolina State University, Raleigh, North Carolina. Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vickburg, Miss. Federal Interagency Committee for Wetland Delineation. 1989. "Federal Manual for Delineating and Identifying Jurisdictional Wetlands." U.S. Army Corps of Engineering, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service and USDA Soil Conservation Service. Washington, D.C. Cooperative Technical Publication. 76 pp. plus appendices. Lee, D.S., J.B. Funderburg, Jr. and M.K. Clark. 1982. A Distributional Survev of North Carolina Mammals. Raleigh, North Carolina Museum of Natural History. LeGrand, Jr., H.E., and Stephan P. Hall. 1993. "Natural Heritage Program List of the Rare Animal Species of North Carolina." North Carolina Natural Heritage Program Martof, B.S., W.M. Palmer, J.R Bailey and J.R. Harrison M. 1980. Amtfhibians and Reptiles of the Carolinas and Vaini_a. Chapel Hill, The University of North Carolina Press. Menhenick, E.F. 1991. The Freshwater Fishes of North Carolina. N.C. WRC., Raleigh. NCDEHNR-DEM, 1991. Biological Assessment of Water Quality in North Carolina Streams: Benthic Macroinvertebrate Data Base and Long Tern Changes in Water Quality, 1983-1990. NCDEHNR DEM. 19?`, e "Classifications and Water Quality Standards Assigned to the Waters of the i River Basin". Raleigh, Department of Environment, Health and Natural Resources. B-17 15 NCWRC. 1990. "Endangered Wildlife of North Carolina". Raleigh, North Carolina Wildlife Resources Commission. Plant Conservation Program. 1991. "List of North Carolina's Endangered, Threatened and Candidate Plant Species". Raleigh, North Carolina Department of Aericulture. Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. Chapel Hill, The University of North Carolina Press. Reed, Porter B., Jr. 1986. "1986 Wetland Plant List for North Carolina". St. Petersburg, Fla. U.S. Fish and Wildlife Service. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. Chapel Hill, The University of North Carolina Press. Schafale, M.P. and A.S. Weakley. 1990. Classifications of The Natural Communities of North Carolina. Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR U.S. Department of Transportation. Federal Highway Administration. 1981. :Effects of Highways on Wildlife". Rep B-18 t w • .,. AATt o STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT jR DIVISION OF HIGHWAYS R. SAMUEL HUNT 111 GovER.N,oR P.O. BOX ?Mi, RALEIGH. N.C. 27611'5201 SECRETARY 15 December 1995 MEMORANDUM TO: Julie Hunkins , Unit Head Project Planning G? FROM; Logan Williams, Environmental Biologist Environmental Unit SUBJECT: Natural Resources Technical Report Update for Proposed Replacement of Bridge No. 175 on SR 1150 over the Second Broad River in McDowell County, TIP No. B- 2586; State Project No. 8.2870401; Federal Aid No. BRZ- 1150(5). ATTENTION: Charles Cox, P.E. Project Planning Engineer Project Planning Unit REFERENCE: Natural Resources Technical Report completed by Ruby Pharr (November 18, 1994) The attached Natural Resources Technical Report update addresses Best Usage Classifications, Water Quality and Protected Species. Please contact me if you have any questions or need this report copied onto disc format. Best Usage Classification The Second Broad River has been assigned a Best Usage Classification of Class WS-V from its source to Box Creek by the Department of Environment, Health and Natural Resources (DEHNR 1994). Class WS-V designates waters protected as water supplies which are generally upstream and draining to Class WS-IV waters; no categorical restrictions on watershed development or treated waste-water discharges are required, however, the Commission or its designee may apply appropriate management requirements as deemed necessary for the protection of down-stream receiving waters. Class WS-V waters are also suitable for all Class C uses. Class C designates waters suitable for aquatic life propagation, and survival, fishing, wildlife, secondary recreation, and agriculture. No waters designated as High Quality Waters (HQW), Outstanding Resource Water (ORW), WS-I or WS-II occur within 1.6 km (1 mi) of the project area. B-19 Water Quality The Benthic Macroinvertebrate }Ambient Network (B-1AI?') is managed by the DEM and is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program assesses water quality by sampling for selected benthic macroinvertebrate organisms at fixed monitoring sites. Macroinvertebrates are sensitive to very subtle changes in water quality; thus, the species richness and overall biomass are reflections of water quality. Current BMAN information was examined for possible updating. There is no BMAN information available for the Second Broad River in the vicinity of the proposed project. Federally Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of section 7 and section 9 of the Endangered Species Act of 1973, as amended. The Federally Protected Species listed for McDowell County in the referenced document are current as of the most current listing on March 28, 1995. There have been two additional federal candidate (C2) species listed for McDowell County since the referenced document. Federal Candidate species are not afforded federal protection under the Endangered Species Act and are not subject to any of its provisions, including section 7, until they are formally proposed or listed as Threatened or Endangered. Candidate 2 (C2) species are defined as organisms which are vulnerable to extinction although no sufficient data currently exists to warrant a listing of Endangered, Threatened, Proposed Endangered or Proposed Threatened. Organisms which are listed as Endangered (E), Threatened (T), or Special Concern (SC) by the North Carolina Heritage Program list of Rare Plant or Animal Species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 19797The two additional C2 species are listed below. • Olive-sided flycatcher Contopus borealis • Bennett's Mill cave water slater Caecidotea carolinensis cc. V. Charles Bruton, Ph.D., Environmental Unit Hal C. Bain, Environmental Supervisor File: B-2586 B-20