19990563 Ver 1_Complete File_19990101

NORTH CAROLINA DEPARTMENT OF
NVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NCDENR.
RECEIPT
October/ 1999
JAMES B. HUNT JR. -.•,;`?
GOVERNOR n
r?
WAYNEMCDEvITT Dr. Charles Bruton ?.I.,
SECRETARY North Carolina Department of Transportation 6......
Planning and Environmental Analysis Branch
Post Office Box 25201
Raleigh, North Carolina 27611-5201
KERR T. SrKVENS
DIRECTOR .`.. Subject: TIP #: 1-907B
COE Permit #: 199930585
DWQ #: 990563
County: Burke/McDowell
F?;3
The Wetlands Restoration Program received check number 493966 on
October 5, 1999 which includes $21,500.00 as payment for the compensatory
j mitigation requirements of the 401 Water Quality Certification issued for the
subject project. This receipt serves as notification that the compensatory
mitigation requirements for this project have been satisfied. Please note that
you must also comply with all other conditions of this certification and any other
state, federal or local government permits or authorization associated with this
activity.
If you have any questions concerning this matter, please contact Ron Ferrell
at [phone].
::era
Sincerely,
Ronald E. Ferrell
-? Program Manager
REF/cvb
°f
i
cc: John Dorney
File
P.O. Box 29535, RALEIGH, NORTH CAROLINA 27626-0535
PHoNE [phone] FAX [phone]
' AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% PosT-CONSUMER PAPER

N. C. DEPARTMgNT Off` T#ANSPOBTATION
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-.? -NOTE AND 4E ME ABOUT THIS !.( FOR YOUR INF'OmMATION
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STATE or NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. 130X 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON
GOVERNOR SECRETARY
May 19, 1999
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Attention: Mr. John Dorney
Subject: Burke and McDowell Counties, I-40, from east of SR 1760 in McDowell County to east of
SR 1129 in Burke County; TIP No. I-907 B.
The North Carolina Department of Transportation (NCDOT) proposes to improve 1-40 from east
of SR 1760 in McDowell County to east of SR 1129 in Burke County. These improvements include bridge
replacements, culvert extensions, and stream relocations.
The NCDOT has requested authorization to construct the project from the U.S. Army Corps of
Engineers under a Section 404 Nationwide Permit 23. The NCDOT understands that written concurrence
from the N.C. Division of Water Quality (NCDWQ) is not necessary for this project. However, there is
one impact greater than 150 feet that requires stream mitigation. This impact will result in the stream loss
of 172 feet. The impact is in the Catawba River Basin (Hydrologic Unit 03050101).
The NCDOT has proposed payment to the N.C. Wetland Restoration Program (NCWRP) to
compensate for this impact. The NCDOT has asked that the NCWRP provide a written concurrence letter
to the NCDWQ and the USACE for this payment.
If you have any questions regarding this project, please contact Mr. Phillip Todd of my staff at
[phone], Extension 314.
Sincerely,
'/' ?-. S"L ??
William D. Gilmore, P. E., Manager
Project Development and Environmental Analysis Branch
WDG/pct

STATE OF NORTH CAROLINA
0 nn
3 %?yy
?1?lrq??TY?R?UP
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON
GOVERNOR SECRETARY
U. S. Army Corps of Engineer
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5001
April 30, 1999
Attentior: Mr. Steve Lund, NCDOT Coordinator
or--'?
Subject: Burke and McDowell Counties. 1-40, from east of SR 1760 in McDowell Counir
to east of SR 1129 in Burke Lounty; Federal Aid Project
No. IMF-40-2(104)90: State Project No. 8.1870210: TIP No. 1-907 B.
Dear Sir:
As you are aware, the North Carolina Department of Transportation (NCDOT) proposes
to improve I-40 from east of SR 1760 in McDowell County to east of SR 1129 in Burke County.
These improvements include bridge replacements over South Muddy Creek and North Muddy
Creek as well as pipe or culvert extensions. The project has a let date of July 1999.
The NCDOT submitted a Section 404 permit application for a Nationwide Permit 23 in
February 1999. In this application, the NCDOT did not include information regarding a stream
relocation of a first order stream at Site 2 (Station No. 362+00-L-). The existing channel is 172
feet in length. The stream channel cannot be relocated using natural stream channel design
techniques. The permit drawing of the site has been attached to this letter and depicts the
insertion of rip rap at intervals along the channel to reduce erosion.
The impact at Site 2 is greater than 150 feet. Therefore, the NCDOT must provide
mitigation for this impact per the requirement of the N. C. Division of Water Quality (NCDWQ).
The NCDOT proposes 1:1 mitigation for the impact and to contribute funds to the N. C. Wetland
Restoration Program (NCWRP) as compensation for this impact to a first order stream. The
project is located in the Catawba River Basin. The Catalog Unit for this impact area is 03050101.
The NCDOT requests that the NCWRP provide an acceptance letter to the USACE and the
NCDWQ stating that the NCWRP will provide mitigation for this impact.
Burke and McDowell Counties are both located in trout counties. The NCDOT has
received comments from the N. C. Wildlife Resources Commission (NCWRC). The NCDOT
believes that it has addressed the NCWRC 's comments from a letter dated March 12, 1999 from
Mr. Joe Mickey.
The initial construction of I-40 did not include headwalls on pipes nor outlet protection
on pipes. Part of the construction will include the installation of headwalls on pipes and outlet
protection. The NCDOT is working to address sedimentation and erosion as part of the project to
the best of its ability, such as the inclusion of headwalls and outlet protection. The NCDOT does
not have the jurisdiction to control sedimentation and erosion problems on adjacent properties.
The NCDOT requests that the USACE authorize project construction under a Section 404
Nationwide Permit 23. The NCDOT also asks that the NCDWQ issue a 401 Water Quality
Certification (WQC) for the proposed work. The NCDOT will adhere to the conditions of the
WQC for this project. The NCDOT proposes to use the NCWRP for stream mitigation. The
NCDOT also request that the NCWRP provide an acceptance letter to the USACE and the
NCDWQ that the NCWRP will provide stream mitigation for this project
If you have any questions regarding this project, please contact Mr. Phillip Todd at (WO
733-7844, Extension 314.
Sincere

William D. Gilmore, P. E.. Manager
Project Planning and Environmental Analvsis Branch
WDG/pct
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. Mark Davis, NCWRC, Waynesville
Mr. Joe Mickey, NCWRC, State Road
Mr. Ron Ferrell, NCWRP, Raleigh
Mr. William Rogers, P. E., Structure Design
Mr. Whit Webb, P. E., Program Development Branch
Mr. Len Hill, P. E., Highway Design Services
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. Tom Shearin, P. E., Roadway Design Engineer
Mr. W. D. Smart, P. E., Division 13 Engineer

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON
GOVERNOR SECRETARY
April 30, 1999
U. S. Army Corps of Engineer.,
Asheville Regulatory Field Offices
151 Patton Avenue. Room 1 .
Asheville. North Carolina 28801-50!
Attention: Mr. Steve Lund, NCDO'i l.oordinatcr
Subject: Burke and McDowell Counties. 1-40, from east of SR 1760 in McDowell County
to east of SR 1 129 in Burke County; Federal Aid Prole,
No. IMF-40-2(104)90; State Project No. 8.1870210; TIP No. 1-907 B,
Dear Sir:
As you are aware, the North Carolina Department of Transportation (NCDOT) proposes
to improve I-40 from east of SR 1760 in McDowell County to east of SR 1 129 in Burke County.
These improvements include bridge replacements over South Muddy Creek and North Muddy
Creek as well as pipe or culvert extensions. The project has a let date of July 1999.
The NCDOT submitted a Section 404 permit application for a Nationwide Permit 23 in
February 1999. In this application, the NCDOT did not include information regarding a stream
relocation of a first order stream at Site 2 (Station No. 362+00-L-). The existing channel is 172
feet in length. The stream channel cannot be relocated using natural stream channel design
techniques. The permit drawing of the site has been attached to this letter and depicts the
insertion of rip rap at intervals along the channel to reduce erosion.
The impact at Site 2 is greater than 150 feet. Therefore, the NCDOT must provide
mitigation for this impact per the requirement of the N. C. Division of Water Quality (NCDWQ).
The NCDOT proposes 1:1 mitigation for the impact and to contribute funds to the N. C. Wetland
Restoration Program (NCWRP) as compensation for this impact to a first order stream. The
project is located in the Catawba River Basin. The Catalog Unit for this impact area is 03050101.
The NCDOT requests that the NCWRP provide an acceptance letter to the USACE and the
NCDWQ stating that the NCWRP will provide mitigation for this impact.
Burke and McDowell Counties are both located in trout counties. The NCDOT has
received comments from the N. C. Wildlife Resources Commission (NCWRC). The NCDOT

believes that it has addressed the NCWRC 's comments from a letter dated March 12, 1999 from
Mr. Joe Mickey.
The initial construction of I-40 did not include headwalls on pipes nor outlet protection
on pipes. Part of the construction will include the installation of headwalls on pipes and outlet
protection. The NCDOT is working to address sedimentation and erosion as part of the project to
the best of its ability, such as the inclusion of headwalls and outlet protection. The NCDOT does
not have the jurisdiction to control sedimentation and erosion problems on adjacent properties.
The NCDOT requests that the USACE authorize project construction under a Section 404
Nationwide Permit 23. The NCDOT also asks that the NCDWQ issue a 401 Water Quality
Certification (WQC) for the proposed work. The NCDOT will adhere to the conditions of the
WQC for this project. The NCDOT proposes to use the NCWRP for stream mitigation. The
NCDOT also request that the NCWRP provide an acceptance letter to the USACE and the
NCDWQ that the NCWRP will provide stream mitigation for this project.
If you have any questions regarding this project, please contact Mr. Phillip Todd at (919)
733-7844, Extension 31
Sincert-., ,
2? ? L
William D. Gilmore, P. E., ManaFc
Project Planning and Environmental Analysis Branco
WDG/pct
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. Mark Davis, NCWRC, Waynesville
Mr. Joe Mickey, NCWRC, State Road
Mr. Ron Ferrell, NCWRP, Raleigh
Mr. William Rogers, P. E., Structure Design
Mr. Whit Webb, P. E., Program Development Branch
Mr. Len Hill, P. E., Highway Design Services
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. Tom Shearin, P. E., Roadway Design Engineer
Mr. W. D. Smart, P. E., Division 13 Engineer
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919 733 `>321 0`x/218 '99 17:11 NO.600 05/05
NORTH <'-..ARc7LINA DEPAIQ't'MEN7 OF
ENVIRONMENT AND NATURAL RESOURCES
DivIs10N OF WATER QUALITY
May 28. 19,99
Mr. Steve Lund
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
Dear Mr. Lund:
Subject. NCD0T Pr()j(,c:t #1-907B
Burke. and McDowell CO W-i tY
The purpose (.f this letter is to xlotify `.o>tiA that. tizE` i?'ort,?a
Carolina Wetlands ftestoratiarr. Progrsj;,11 (NC'??'1 T'i 'is wllli,n to s.c •^tpt;
payment from the North Carolina Departmetit of Traz)VOrtatio?n.
(NCDOT) for stream impacts associated with t.hc -,.inject projE'ct ir,
accordance with the Memorandum of ITndF,a"srr?nclizYg between 'ch(,
NCWRP and the U.7. Arn.'i}- Corps of Engineers, lased on infortnati.oia
NG)OT in a Memorandtizui &it?,,d April 30, 1999- the
supplied by the
impacts that NCDCT has requested assistan(, e wit-b arc'-, ij1 , fb1'Jow 172
linear feet of streams. The NCWRP will pr?ovicle the amount 'lIMa ':ype
of required mitigation in Cataloging U'rit Ct??li.;()1.01 of the Catawba
River ]Basin.
If you have e ny question, or need wid tioxl:f! Infori-ciat,iori 1 r-011,
be reached at 97.9 733-5219•
Ronald P, X? er:°r'1J.
program NklanL' ger,
?'?c>tl.?.nds Rest.o:rat.iozl. R.>>..?,gr.?ni
cc: John DorneY
David Rohiiison.
IihLE:?4H, NORTH CAROLINA :1,7G26-05135
. IVf,."F 919-733.7015 FAX [phone]k91e
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North Carolina Department of Environment and Natural Resources
PO Box 29535, Raleigh, North Carolina 27626-0535 / Phone: [phone]

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Division of,-Water QQuafity
MEMO From: Date:
To: Subject:
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NCDENR
North Carolina Department of Environment and Natural Resources
PO Box 29535, Raleigh, North Carolina 27626-0535 / Phone: [phone]
"i
N. C. DEPARTMENT OF TRANSPORTATION
TRANSMITTAL BLIP DATE
TOf R[F, NO. OR ROOM. iLDO.
FRO ` ?.?
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ACTION
? NOT[ AND FILE ? PER OUR CONVERSATION
? NOT[ AND RETURN TO ME ? PER YOUR REQUEST
? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL
? NOT[ AND BEE M[ ABOUT THIS ? POR YOUR INFORMATION
? PLEAS[ ANSWER ? FOR YOUR COMMENTS
? PREPARE REPLY FOR MY 'SIGNATURE ? SIGNATURE
? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON
GOVERNOR SECRETARY
1
February 19, 1999
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Lund, NCDOT Coordinator
Subject: Burke and McDowell Counties, I-40, from east of SR 1760 in McDowell
County to east of SR 1129 in Burke County; Federal Aid Project
No. IMF-40-2(104)90; State Project No. 8.1870210; TIP No. I-907 B.
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to improve
I-40 from east of SR 1760 in McDowell County to east of SR 1129 in Burke County.
These improvements include bridge replacements over South Muddy Creek, North
Muddy Creek as well as pipe or culvert extensions. The project has a let date of July
1999.
The project is being processed by the Federal Highway Administration as a
programmatic "Categorical Exclusion" in accordance with 23 CFR 771.115(b).
Therefore, the NCDOT does not anticipate requesting a Section 404 Individual Permit,
but proposes to proceed under a Section 404 Nationwide Permit 23 (61 Federal Re ig ster
65916; December 13, 1996).
Attached for your information are copies of the programmatic categorical
exclusion (CE) action classification form and the natural resources technical report for
the subject project. A wetland delineation for the project was conducted on July 1, 1998
by NCDOT biologists. The project is located in the Catawba River Basin, and the
primary stream in the project area is North Muddy Creek.

Construction of improvements to I-40 will require impacts to waters of the United
States. Four streams will be impacted by pipe or culvert extensions and two wetlands
will be filled by the proposed work. Table 1 summarizes impacts to waters of the United
States resulting from project construction. The Cowardin classification and Division of
Environmental Management (DEM) Rating, 4`h Version, are also provided. Cowardin
classification refers to guidelines classifying wetlands and deep water habitats as outlined
in Classification of Wetlands and Deepwater Habitats of the United States by Cowardin,
et al. (1979).
'Table 1. Impacts to Waters of the United States

Site
DLM Rating
Cowardin Fill in Stream
Channel Fill in Surface
Waters Fill in
Wetlands
1 N/A N/A 36 feet 0.02 acre N/A
2 50 PF0 1 B 25 feet 0.002 acre 0.023 acre
3 ' N/A N/A 20 feet 0.001 acre N/A
4 28 PFOIB N/A N/A 0.035 acre
5 /A N/A 25 feet 0.007 acre N/A
Total Impacts 106 feet 0.03 acre 0.06 acre
Note: (1) the symbol of the Cowardin classification system for PFO 1 B can be
interpreted palustrine broad-leaved deciduous forested, that is saturated;
(2) "N/A" denotes not applicable.
Based on the limited scope of the impacts to waters of the United States, the
NCDOT does not intend to provide stream and wetland mitigation for the proposed
impacts.
Burke and McDowell Counties are both located in trout counties. The NCDOT
requests that the N.C. Wildlife Resources Commission provides comments to the USACE
on this permit application.
The NCDOT requests that the USACE authorize project construction under a
Section 404 Nationwide Permit 23. The NCDOT also asks that the N. C. Division of
Water Quality issue a 401 Water Quality Certification for the proposed work.
1
If you have any questions regarding this project, please contact Mr. Phillip Todd
at [phone], Extension 314.
Sincerely,

Mr. William D. Gilmore, P. E., Manager
Project Planning and Environmental Analysis Branch
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, DWQ, Raleigh
Mr. Mark Davis, WRC, Waynesville
Mr. Joe Mickey, WRC, State Road
Mr. William Rogers, P. E., Structure Design
Mr. Whit Webb, P. E., Program Development Branch
Mr. Len Hill, P. E., Highway Design Services
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. Tom Shearin, P. E., Roadway Design Engineer
Mr. W. D. Smart, P. E., Division 13 Engineer
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BEGIN m
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PROJECT G10
V11"INITY
MAP
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAY'S
MCDOWELL % BURKE COUNTIES
PROJECT: 8.1870210 (I-907B)
I-40 FROM EAST OF SR 1760
TO EAST OF SR 1129
SHEET OF 3

I!

v PROJECT -? r+
SITE I
/ '00
01
• , '? ? J ? ? ?%? of ? ' -?? _ J ?,'•, -.j? j? /
r " J ALddu
01 -7
SITE 2
- 'oo SITE 3 20r /
SITE 4
?/t i •/ --"SITE 5
_ 200?
?y
-'END PROJECT
N. C. DEPT. OF TRANSPOR'T'ATION
DIVISION OF HIGHWAYS
SITE MCDOWELL ,l/ BURKE COUNTIES
PROJECT: 8.1870210 (I-907B)
MAP I-40 FROM EAST OF SR 1760
TO EAST OF SR 1129
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Date: 1/93
Revised: 1/94
CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
TIP Project No. I-907B
State Project No. 8.1870210
Federal-Aid Project No. IMF-40-2(104)90
A. Project Description : This project involves pavement rehabilitation, guardrail
replacement, and bridge replacement on I-40 from 1.2 km (0.74 mi.) east of
SR 1760 to 0.86 km (0.56 mi.) east of SR 1129 in McDowell and Burke
Counties. Bridge numbers 163 and 165 (eastbound and westbound), which
carry 1-40 over South Muddy Creek, will be replaced, and the new bridges
will be approximately 0.3 meter (1.0 foot) higher in elevation. Bridge
numbers 160 and 161 (eastbound and westbound), which carry I-40 over SR
1763, will be replaced, and the new bridges will be approximately 0.3 meter
(1.0 foot) higher in elevation. Bridge numbers 153 and 155 (eastbound and
westbound), which carry I-40 over SR 1803, will be replaced, and the new
bridges will be approximately 0.3 meter (1.0 foot) higher in elevation.
Bridge No. 67, which carries SR 1129 over I-40, will be replaced and raised
1.1 meter (3.5 ft.) higher in elevation. Existing bridge sufficiency ratings are
listed in the table on page 4. Off-site detours using existing roads will be
used during the replacement of the above bridges, and the bridges will be
reconstructed at their present locations. The project is 6.1 km (3.8 mi.) in
length.
B. Purpose and Need: The purpose of this project is to improve the existing
condition, improve safety, and extend the service life of the subject section of
I-40. Bridge numbers 153, 155, 160, 161, 163, 165, and 67 will be replaced.
C: Proposed Improvements:
Circle one or more of the following improvements which apply to the project:
lO. Modernization of a highway by resurfacing, restoration, rehabilitation,
reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking
weaving, turning, climbing).
Oa Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement
(3R and 4R improvements)
b. Widening roadway and shoulders without adding through lanes
c. Modernizing gore treatments
d. Constructing lane improvements (merge, auxiliary, and turn lanes)
e. Adding shoulder drains
f. Replacing and rehabilitating culverts, inlets, and drainage pipes,
including safety treatments
Date: 1/9')
Revised: 1/94
g. Providing driveways pipes
h. Performing minor bridge widening ( less than one through lane)
2O. Highway safety or traffic operations improvement projects including the
installation of ramp metering control devices and lighting.
a. Installing ramp metering devices
b. Installing lights
c0. Adding or upgrading guardrail
d. Installing safety barriers including Jersey type barriers and pier
protection
e. Installing or replacing impact attenuators
f. Upgrading medians including adding or upgrading median barriers
g. Improving intersections including relocation and/ or realignment
h. Making minor roadway realignment
i. Channelizing traffic
j. Performing clear zone safety improvements including removing hazards
and flattening slopes
k. Implementing traffic aid systems, signals, and motorist aid
1. Installing bridge safety hardware including bridge rail retrofit
O Bridge rehabilitation, reconstruction, or replacement or the construction of
grade separation replace existing at-grade railroad crossings.
a. Rehabilitating, reconstructing, or replacing bridge approach slabs
b. Rehabilitating or replacing bridge decks
c. Rehabilitating bridges including painting ( no red lead paint), scour
repair, fender systems, and minor structural improvements
Replacing a bridge (structure and/ or fill)
4. Transportation corridor fringe parking facilities.
Construction of new truck weigh stations or rest areas.
6. Approvals for disposal of excess right-of-way or for joint or limited use of
right-of-way, where the proposed use does not have significant adverse
impacts.
7. Approvals for changes in access control.
8. Construction of new bus storage and maintenance facilities in areas used
predominantly for industrial or transportation purposes where such
construction is not inconsistent with existing zoning and located on or near a
street with adequate capacity to handle anticipated bus and support vehicle
traffic.
2
Date: 1/93
Revised: 1/94
9. Rehabilitation or reconstruction of existing rail and bus buildings and
ancillary facilities where only minor amounts of additional land are required
and there is not a substantial increase in the number of users.
10. Construction of bus transfer facilities (an open area consisting of passenger
shelters, boarding areas, kiosks and related street improvements ) when
located in a commercial area or other high activity center in which there is
adequate street capacity for projected bus traffic.
11. Construction of rail storage and maintenance facilities in areas used
predominantly for industrial or transportation purposes where such
construction is not inconsistent with existing zoning and where there is no
significant noise impact on the surrounding community.
12. Acquisition of land for hardship or protective purposes, advance land
acquisition loans under section 3 (b) of the UMT Act. Hardship and
protective buying will be permitted only for a particular parcel or a limited
number of parcels. These types of land acquisition will not limit the
evaluation of alternatives, including shifts in alignment for planned
construction projects, which may be required in the NEPA process. No
project development on such land may proceed until the NEPA process has
been completed.
Date: 1/9'
Revised: 1/94
D. Special Project Information
Environmental Commitments:
NCDOT's Best Management Practices (BMP) for the Protection of Surface
Waters will be strictly enforced during the construction stage of the project.
Estimated Traffic:
Year Vehicles Per Day (VPD)
1997 28,500
2017 56,000
Proposed Typical Roadway Section:
The existing 4-lane divided highway with two 7.3 meter (24 ft.) wide
travelways, 3 meter (10 ft.) outside shoulders, 1.2 meter (4 ft.) inside
shoulders, and an 11 meter (36 ft.) median will be retained.
Design Speed:
110 km/h (70 mph)
Bridge Dimensions
Brtcig
No Px4p s d dear Dick
' < : Wtdth
Proposed Ler gth Sufft ierrcy-
Raft

Y?ar;Built

67 9 m (30 ft.) 72.5 m (238 ft.) 89.0 1978
153 12 m (40 ft.) 47 m (155 ft.) 75.8 1958
155 12 m (40 ft.) 61 m (200 ft.) 75.8 1958
160 12 m (40 ft.) 88 m (289 ft.) 72.7 1958
161 12 m (40 ft.) 88 m (289 ft.) 72.7 1958
163 12 m (40 ft.) 87.5 m (287 ft.) 75.8 1958
165 12 m (40 ft.) 87.5 m (287 ft.) 75.8 1958
Note: The decision to replace the bridges listed above was made based on the age of
the structures and on cost estimates for replacing the structures being similar
to cost estimates for required bridge rehabilitation.
4
Date: 1/93
Revised: 1/94
E. Threshold Criteria
If any Type II actions are involved in the project, the following evaluation must
be completed. If the project consists only of Type I improvements, the
following checklist does not need to be completed.
ECOLOGICAL. YES N0
(l) Will the project have a substantial impact on any x
unique or important natural resource? - - -
(2) Does the project involve any habitat where federally
listed endangered or threatened species may occur? X
(3) Will the project affect anadromous fish?
X
(4) If the project involves wetlands, is the amount of
permanent and/or temporary wetland taking less than x
one-third (1/3) acre and have all practicable measures -- -
wetland to avoid and minimize takings been evaluated?
(5) Will the project require use of U. S. Forest Service lands? -
X
(6) Will the quality of adjacent water resources be adversely
impacted by proposed construction activities? X
(7) Does the project involve waters classified as Outstanding
Water Resources (OWR) and/or High Quality Waters x
(8) Will the project require fill in waters of the United States x
in any of the designated mountain trout counties? ---
(9) Does the project involve any known underground storage --
tanks (UST's) or hazardous materials sites? X
5
Date: 1/93
Revised: 1/94
PERMITS AND COORDINATION YES NO
(10) If the project is located within a CAMA county, will the
project significantly affect the coastal zone and/or any X
"Area of Environmental Concern" (AEC)?
(11) Does the project involve Coastal Barrier Resources Act -
resources? X
(12) Will a U. S. Coast Guard permit be required?
X
(13) Will the project result in the modification of any existing
regulatory floodway? X
(14) Will the project require any stream relocations or channel
changes? X
SOCIAL AND ECONOMIC
(15) Will the project induce substantial impacts to planned
growth or land use for the area? X
(16) Will the project require the relocation of any family or --
business? X
(17) If the project involves the acquisition of right of way, is the
amount of right of way acquisition considered minor? X
(18) Will the project involve any changes in access control?
X
(19) Will the project substantially alter the usefulness and/ or land -
use of any adjacent property? X
6
Date: 1/9'
Revised: 1/94
(20) Will the project have an adverse effect on permanent local
traffic patterns or community cohesiveness?
(21) Is the project included in an approved thoroughfare plan
and/ or Transportation Improvement Program (and is,
therefore, in conformance with the Clean Air Act of 1990)?
(22) Is the project anticipated to cause an increase in traffic
volumes?
(23) Will traffic be maintained during construction using existing
roads,staged construction, or on-site detours?
(24) Is there substantial controversy on social, economic, or
environmental grounds concerning the project?
(25) Is the project consistent with all Federal, State, and local
laws relating to the environmental aspects of the action?
(26) Will the project have an "effect" on properties eligible for
or listed on the National Register of Historic Places?
X
(27) Will the project require the use of Section 4(f) resources
(public parks, recreation lands, wildlife and waterfowl X
refuges, historic sites or historic bridges, as defined in -- -- --
Section 4(f) of the U. S. Department of Transportation
Act of 1966)?
(28) Will the project involve construction in, across, or adjacent
to a river designated as a component of or proposed for X
inclusion in the natural Wild and Scenic Rivers? F. Additional Documentation Required for Unfavorable Responses in Part E
N/A
YES NO
X
X
X
X
?I X
X
7
Date: 1/93
Revised: 1/94
G. CE Approval
TIP Project No. I-907B
State Project No. 8.1870210
Federal-Aid Project No. IMF-40-2(104)90
Project Description : This project involves pavement rehabilitation, guardrail
replacement, and bridge replacement on I-40 from 1.2 km (0.74 mi.) east of
SR 1760 to .86 km (56 mi.) east of SR 1129 in McDowell and Burke
Counties. Bridge numbers 163 and 165 (eastbound and westbound), which
carry I-40 over South Muddy Creek, will be replaced, and the new bridges
will be approximately 0.3 meter (1.0 foot) higher in elevation. Bridge
numbers 160 and 161 (eastbound and westbound), which carry I-40 over SR
1763, will be replaced, and the new bridges will be approximately 0.3 meter
(1.0 foot) higher in elevation. Bridge numbers 153 and 155 (eastbound and
westbound), which carry I-40 over SR 1803, will be replaced, and the new
bridges will be approximately 0.3 meter (1.0 foot) higher in elevation.
Bridge No. 67, which carries SR 1129 over I-40, will be replaced and raised
1.1 meter (3.5 ft.) higher in elevation. Off-site detours using existing roads
will be used during the replacement of the above bridges, and the bridges will
be reconstructed at their present locations. The project is 6.1 km (3.8 mi.) in
length.
Categorical Exclusion Action Classification:
X TYPE II (A)
TYPE II (B)
Approved
¢-z-7Y o?? D
Date Assistant Manager
Planning & Environmental Branch
4-Z-98 t,•J. -
Date roi ct Planning Unit Head
,?F,q - -
Date ro' ct _P anning'En eer
STAIZ
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STATE OF NORTH CAROLINA
DEPARTMENT OF TP,,ANsPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARR:Tr JR.
GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201 SECRETARY
15 October 1997
MEMORANDUM TO: J. Wilson Stroud, P.E., Unit Head
Project Planning Unit
ATTENTION: Craig Young, Project Manager
Project Planning Unit
FROM: Dale W. Suiter, Environmental Biologist)
Environmental Unit
SUBJECT: Proposed upgrade of six existing bridges on 1-40 from 0.14 mi
east of SR 1760 to 0.23 mi east of SR 1129 and replacing bridge
number 67 on SR 1129 over 1-40: McDowell and Burke Counties,
NC. TIP No. 1-90713; State Project No. 8.1870202; Federal
Project No. IR-40-2(73)85.
This report is to assist in the preparation of a Programmatic Categorical Exclusion
(PCE) for the subject project. Water resources, biotic resources and jurisdictional issues
Such as wetlands and federally protected species are included in this report. A
completed ecological threshold checklist for a PCE is also attached.
This project involves pavement rehabilitation and bridge rehabilitation and
=placement on 1-40 from 1.2 km (0.74 mi) east of SR 1760 to .86 km (.56 mi) east of SR
1129 in McDowell and Burke Counties. Bridge numbers 163 and 165 (eastbound and
westbound) carry 1-40 over South Muddy creek and will be widened and rehabilitated.
Bridge numbers 160 and 161 (eastbound and westbound) carry 1-40 over SR 1763 and
North Muddy Creek. These bridges will be widened and rehabilitated. Bridge numbers
153 and 155 (eastbound and westbound) carry 1-40 over SR 1803 and Thompson's Fork
and will also be widened and rehabilitated. Bridge No. 67, which carries SR 1129 over I-
40, will be replaced and raised 1.1 meter (3.5 ft.) higher in elevation. An off-site detour
using existing roads will be used during the replacement of Bridge No. 67. The project is
6.1 km (3.8 mi) in length (Figure 1).

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NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DMSION OF HIGHWAYS
PLANNING AND ENVIRONMENTAL
BRANCH
1-40
FROM .14 MI. EAST OF SR 1760
TO .23 MI. EAST OF SR 1129
BURKE AND MCDOWELL COUNTIES
TIP NO. 1-9078
0 miles 2
1
3
DEFINITIONS
Definitions for aerial descriptions used in this report are as follows: Project Study
Area denotes the area bounded by proposed ROW limits; Project Vicinity describes an
area extending 0.8 km (0.5 mi) on all sides of the project study area; and Project Region
is equivalent to an area represented by a 7.5 minute USGS quadrangle map. Figure 1
shows the general area of the project.
WATER RESOURCES
Water resources located within the project vicinity lie in the Catawba River Drainage
Basin. 1-40 crosses North Muddy Creek and South Muddy Creek. North Muddy Creek
originates approximately 6.5 km (4.0 mi) west of the project's western terminus near
Marion in McDowell County. North Muddy Creek flows into Muddy Creek approximately
4.0 km (2.5 mi) north of the eastern end of the project. South Muddy Creek originates
south of the eastern terminus of the project and flows into North Muddy Creek just north
of Bridge Numbers 163/165. Throughout the project study area, these streams averages
4.6 m (15.0 ft) wide. North Muddy Creek is approximately 0.9 m (3.0 ft) deep with a
substrate of mud and gravel. In addition, 1-40 also crosses Thompson's Fork, a tributary
of North Muddy Creek. At the point of crossing, this stream is approximately 3.0 m (10.0
ft) wide and approximately 0.3 m (1.0 ft) deep. Thompson's Fork has a flow ratio of 20%
pool: 80% run/riffle.
Streams have been assigned a best usage classification by the Division of
Environmental Management (DEM). The best usage classification for both North Muddy
Creek [DEM Index No. 11-32-1-(10.5)], South Muddy Creek [11-32-2-(8.5)] and
Thompson's Fork [DEM Index No. 11-32-1-11-(3)] is WS-IV. Class WS-IV waters are
protected as water supplies which are generally in moderately to highly developed
watersheds. Point source discharges of treated wastewater are permitted. Local
programs to control non-point source and stormwater discharge of pollution are required.
Neither High Quality Waters (HQW), Water Supplies (WS-1 or WS-II) nor
Outstanding Resource Waters (ORW) occur within 1.6 km (1.0 mi) of the project
study area.
The Benthic Macroinvertebrate Ambient Network (BMAN) 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 of these organisms are reflections of water quality.
In April 1985, North Muddy Creek was sampled just south of the project where it is

1
4
crossed by SR 1750. It received a BMAN rating of good-fair (NC DEHNR 1991). As of
1991, Thompson's Fork had not been sampled.
The proposed bridges will be constructed where bridges currently exist. Although
the surrounding landscape is currently disturbed from these existing structures and
associated roadways, the proposed construction activities may cause:
• increased erosion, sedimentation and siltation resulting from clearing land;
• changes in light incidence and water clarity due to increased sedimentation and
vegetation removal along roadsides, and
• changes in water temperature due to vegetation remove:.
Precautions should be taken to minimize these and other impacts to water
resources in the project study area. This can be accomplished by protecting stream
bank vegetation and installing silt fences and other erosion and sedimentation control
devices where applicable. NCDOT's Best Management Practices for the Protection of
Surface Waters and Sedimentation Control Guidelines should be strictly enforced during
the entire construction process. Provisions to preclude unnecessary contamination by
toxic substances during the construction interval should also be strictly enforced.
BIOTIC RESOURCES
NCDOT biologists Dale Suiter and Logan Williams identified two dominant
terrestrial plant communities during field visits on 19 and 21 February 1996. Dale Suiter,
Lindsey Riddick, and Marc Recktenwald visited the project study area on 28 May 1997.
Mesic mixed hardwood forests (Piedmont Subtype) and disturbed roadside communities
dominate the landscape in the proiect study area. Fauna, or their signs, actually
observed during the field investigations are indicated with an asterisk (`).
Mesic Mixed Hardwood Forests (Piedmont Subtype)
Mesic mixed hardwood forests dominate the project study area. These forested
areas include both north and south facing slopes, ravines and hilltops. Dominant canopy
species include tulip tree (Lidodendron tulipifera), red maple (Acerrubrum), black gum
(Nyssa sylvatica) and white pine (Pinus strobus). Subcanopy and shrub species include
sourwood (Oxydendrum arboreum), viburnum (Vibumum sp.), mountain laurel (Kalmia
latifolia) and great rhododendron (Rhododendron maximum). Herbaceous species
including ground pine (Lycopodium flabellifomie), Christmas fern (Polystichum
acrostichoides) and cranefly orchid (Tipularia discolor) were identified in the project study
area.

5
Disturbed Roadside Shoulder
Disturbed or maintained roadside shoulders, medians and embankments are
located throughout the project study area. The dominant vegetation of this community
includes herbaceous species such as: fescue (Festuca sp.), foxtail grass (Setaria sp.),
goldenrods (Solidago spp.), purple dead nettle (Lamium purpureum), Japanese
honeysuckle (Lonicera japonica) and Queen Anne's Lace (Daucus carota).
Wildlife
A variety of animal species inhabit the hardwood forest. Mammals common in this
hardwood forest include white-tailed deer (Odocoileus virginianus), Virginia opossum
(Didelphis virginiana), raccoon* (Procyon lotor) and hispid cotton rat (Sigmodon
hispidus). Avian species found in the forests of the project area include Carolina wren*
(Thryothorus ludovicianus), American crow* (Corvus brachyrhynchos), northern cardinal*
(Cardinalis cardinalis), blue jay (Cyanocitta cristata), rufous-sided towhee* (Pipilo
erythrophthalmus) and Carolina chickadee (Parus carolinensis). Reptilian species often
found in this forest type include eastern box turtle (Terrapene carolina), rat snake
(Elaphe obsoleta) and ringneck snake (Diadophis punctatus). Amphibians such as
eastern newt (Notophthalmus viridescens) and slimy salamander (Plethodon glutinosus)
are all likely to be found in these forests.
Bird species expected in disturbed roadside habitats include: Carolina wren, rufous
sided towhee, northern cardinal, common crow and turkey vulture (Cathartes aura).
Virginia opossum is likely to be found foraging along roadsides. Rat snakes and eastern
garter snakes (Thamnophis sirtalis) are likely to be found searching for small mammals
such as the southeastern shrew (Sorex longirostris), white footed mouse (Peromyscus
leucopus) and hispid cotton rat (Sigmodon hispidus) in these disturbed habitats.
Piedmont Perennial Stream
One aquatic community type, the Piedmont Perennial Stream, is also present in the
study area. Both North Muddy Creek and Thompson's Fork are crossed by the subject
bridges. North Muddy Creek and Thompson's Fork contain habitat for various species of
freshwater fish and aquatic insects. Water boatman* (family Corixidae) and water
striders* (family Gerridae) are common in pools and along stream edges. Fish species
expected in these waters include tessellated darter (Etheostoma olmstedi), bluehead
chub (Nocomis leptocephalus), creek chub (Nocomis leptocephalus), margined madtom
(Noturus insignis) and bluegill (Lepomis macrochirus). According to Fish (1969) North
Muddy Creek is too polluted and Thompson's Fork is too small to be of fishing
significance.
k
6
Impacts To Communities
Terrestrial and aquatic communities found in the study area serve as nesting,
feeding and sheltering habitat for various species of wildlife. Habitat reduction
concentrates wildlife into smaller areas of refuge, thus causing some species to become
more susceptible to disease, predation and starvation.
Using calculations based on a ROW width of 78 m (260 ft) for the bridges on 1-40 and
a ROW width of 30 m (100 ft) for the bridge on SR 1129, it is estimated that
approximately 2.7 ha (6.6 ac) of land could be impacted by this project. However, the
entire ROW is rarely used for such projects and actual impacts will likely be much less
than these estimates. Most of the areas that will be impacted are currently disturbed
roadside ROW including grassy median areas and roadside shoulders. It is unlikely tha,
large areas of the Mesic Mixed Hardwood Forests (Piedmont Subtype) will be impacted
by this project.
JURISDICTIONAL ISSUES
Surface Waters and Wetlands
Surface waters and jurisdictional wetlands fall under the broad category of "Waters
of the United States," as defined Section 33 of the Code of Federal Register (CFR) Part
328.3. Wetlands, defined in 33 CFR 328.3, are those areas that are inundated or
saturated by surface or ground water at a frequency and duration sufficient to support,
and under normal circumstances do support, a prevalence of vegetation typically
adapted to life in saturated conditions. Any action that proposes to place fill material into
these areas falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under
Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344).
Criteria to determine the presence of jurisdictional wetlands includes evidence of
hydric soils, hydrophytic vegetation and hydrology. No jurisdictional wetlands were found
in the project study area. North Muddy Creek and Thompson's Fork are the only
jurisdictional surface waters in the project study area.
Federally-Protected Species
Plants and animals with federal classifications of Endangered, Threatened,
Proposed Endangered and Proposed Threatened are protected under provisions of
Section 7 and Section 9 of the Endangered Species Act. As of 02 May 1997, seven
species are listed for both McDowell and Burke Counties (U.S. Fish and Wildlife Service
1997). A summary of each species' natural history and distribution follows.
i
Table 1. Federally Listed Species for Burke and/or McDowell Counties
Common Name Scientific Name Status Countv
Bog Turtle Clemmys muhlenbergii P T(S/A) McDowell
Peregrine Falcon Flak peregrines E Burke
Spreading Avens Geum radiatum E Burke
Dwarf-flowered Heartleaf Hexastylis naniflora T Burke
Mountain Golden Heather Hudsonia montana T Burke; McDowell
Small-Whorled Pogonia Isotria medeoloides T Burke
Heller's Blazinq Star Liatris helleri T Burke
"P T(S/A)" denotes Proposed Threatened (Similarity of Appearance), a species that is
threatened due to similarity of appearance with other rare species and is listed for its
protection.
"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.
"*' indicates that no specimen has been reported from Burke County found in the past
twenty years.
Clemmys muhlenburgii (Bog turtle)
Family: Emydidae
Federally Listed: Proposed Threatened (Similarity of Appearance), 01 May 1997
The bog turtle is North Carolina's smallest turtle, measuring 7 to 10 cm (3 to 4 in)
in length. It has a dark brown carapace and black plastron. The orange or yellow blotch
on each side of the head and neck is a readily identifiable characteristic. It inhabits
damp grassy fields, bogs, and marshes in the mountains and western piedmont.
The bog turtle is shy and secretive and will burrow rapidly in mud or debris when
disturbed. The bog turtle forages on insects, worms, snails, amphibians, and seeds. In
June or July three to five eggs are laid in a shallow nest in moss or loose soil. The eggs
hatch in about fifty five days (Bernard S. Martof, et al, 1980).
The NCNHP database of rare species does not list any populations of the bog
turtle in project area. Species listed as Proposed Threatened (due to Similarity of
Appearance) are not biologically endangered or threatened and are not subject to
Section 7 consultation.
Falco peregrinus (Peregrine falcon)
Animal Family: Falconidae
Federally Listed: Endangered, 20 March 1984
t
8
The peregrine falcon has a dark plumage along its back and its underside is
lighter, barred and spotted. It is most easily recognized by a dark crown and a dark
wedge that extends below the eye forming a distinct helmet.
The American peregrine falcon is found throughout the United States in areas with
high cliffs and open land for foraging. Nesting for the falcons is generally on high cliff
ledges, but they may also nest in broken off tree tops in the eastern deciduous forest and
on skyscrapers and bridges in urban areas. Nesting occurs from mid-March to May.
Prey for the peregrine falcon consists of small mammals and birds, includinc
mammals as large as a woodchuck, birds as large as a duck, and insects. The preferred
prey is medium sized birds such as pigeons.
Biological Conclusion
No Effect
Nesting habitat for the peregrine falcon in the form of high cliff ledges or
skyscrapers does not exist within the project study area. Potential foraging areas will not
be impacted by replacing the guardrail along Interstate 40. The NC Natural Heritage
Program database of rare species does not list any populations of peregrine falcons
anywhere within the project vicinity. This project will not affect the peregrine falcon.
Geum radiatum (spreading avens)
Plant Family: Rosaceae
Federally Listed: Endangered, 5 April 1990
Flowers Present: June - early July
Spreading avens is a perennial herb having stems with an indefinite cyme of
bright yellow radially symmetrical flowers. The flowers of spreading avens are present
from June to early July. Spreading avens has basal leaves which are odd-pinnately
compound; terminal leaflets are kidney shaped and much larger than the lateral leaflets,
which are reduced or absent.
Spreading avens is found only in the North Carolina and Tennessee sections of
the Southern Appalachian Mountains. Spreading avens occurs on scarps, bluffs, cliffs
and escarpments on mountains, hills, and ridges. Known populations of this plant have
been found to occur at elevations of 1535-1541 m (5060-5080 ft), 1723-1747 m
(5680-5760 ft) and 1759 m (5800 ft). Other habitat requirements for this species include
full sunlight and shallow acidic soils. These soils contain a composition of sand, pebbles,
humus, sandy loam, clay loam, and humus. Most populations are pioneers on rocky
outcrops.
Biological Conclusion No Effect
I
G
The elevation of the project site ranges from 366-396 m (1200-1300 ft) above
mean sea level, well below the required elevational range for this species [1535-1759 m
(5060-5800 ft)]. Since the project is in the Piedmont physiographic province, no scarps,
bluffs, cliffs or escarpments are present in the project vicinity. The NC Natural Heritage
Program database of rare species does not list any populations of spreading avens
anywhere within the project vicinity. This project will not affect spreading avens.
Hexastylis naniflora (dwarf-flowered heartleaf)
Plant Family: Aristolochiaceae
Federally Listed: Threatened, 14 April 1989
Flowers Present: mid March - mid May
The dwarf-flowered heartleaf has heart-shaped leaves, supported by long thin
petioles that grow from a subsurface rhizome. The leaves are dark green in color,
evergreen, and leathery. Flowers, borne from mid-March through mid-May, are small,
inconspicuous, jugshaped, and dark brown in color. They are found near the base of the
petioles. Fruits mature from mid-May to early July.
Dwarf-flowered heartleaf populations are found along bluffs and their adjacent
slopes, in boggy areas next to streams and creek heads, and along the slopes of nearby
hillsides and ravines. It grows in acidic soils in regions with a cool moist climate.
Regional vegetation is described as upper Piedmont oak-pine forest and as part of the
southeastern mixed forest.
Biological Conclusion No Effect
The NC Natural Heritage Program database of rare species does not list any
populations of dwarf-flowered heartleaf within the project vicinity. Suitable habitat for this
Species exists within the ROW. Surveys were conducted in the areas of suitable habitat
on 21 February 1996 . by NCDOT biologists Dale Suiter and Logan Williams and on
04/00/97 by NCDOT biologists Dale Suiter, Lindsey Riddick, and Marc Recktenwald. No
populations of this species were found. This project will not affect dwarf-flowered
heartleaf.
Hudsonia montana (mountain golden heather)
Plant Family: Cistaceae
Federally Listed: Threatened, 20 October 1980
Flowers Present: June (mid to late)
Mountain golden heather is a low, needle-leafed shrub that is yellow-green in
color. This shrub usually grows in clumps and retains its leaves from the previous year

10
which appear scale-like on the older branches. Leaves appear awl-shaped and
thread-like. Mountain golden heather forms solitary, terminal, lanceolate flowers. These
yellow flowers have five blunt-tipped petals and 20 to 30 stamens. Fruit capsules have
three projecting points at the tips and are round in shape.
Hudsonia montana occurs in weathered rocky soils on mountain tops, with known
populations found at elevations of 850-1200 m (2800-4000 ft). It can be found on
exposed quartzite ledges in an ecotone between bare rock and heath balds dominated
by Leiophyllum buxifolium which merge into pine forest. Plants live in partially shaded
areas, but do not appear to be as healthy as those found in open areas. A critical habitat
area for mountain golden heather exists in Burke County.
Biological Conclusion No Effect
The elevation of the project site ranges from 366-396 m (1200-1300 ft) above
mean sea level, well below the required elevational range for this species [850-1200 m
(2800-4000 ft)]. There are no quartzite ledges or heath bald communities in the project
study area or project vicinity. The NC Natural Heritage Program database of rare
species does not indicate any populations of the mountain golden heather anywhere
within the project vicinity.- This project-will not aft'ect-mountain golden -heather.
Isotria medeoloides (small-whorled pogonia)
Plant Family: Orchidaceae
Federally Listed: Endangered, 10 September 1982
Flowers Present: mid May-mid June
Small-whorled pogonia is a perennial. Stems terminate in a whorl of five or six
light green, elliptical leaves that are somewhat pointed. One or two light green flowers
are produced at the end of the stem. Flowers of small-whorled pogonia have short
sepals.
The small-whorled pogonia grows in "second growth deciduous" or
deciduous-coniferous forests, with an open canopy, open shrub layer, and sparse herb
layer. It prefers acidic soils. Flowering is inhibited in areas where there is relatively high
shrub coverage or high sapling density.
Biological Conclusion No Effect
The NC Natural Heritage Program database of rare species does not list any
populations of small-whorled pogonia anywhere within the project vicinity. Habitat for this
species exits within the ROW. Surveys were conducted in the areas of suitable habitat
on 21 February 1996 by NCDOT biologists Dale Suiter and Logan Williams and on

1
04/00/97 by NCDOT biologists Dale Suiter, Lindsey Riddick, and Marc Recktenwald. No
populations of this species were found. Therefore, this project will not affect small
whorled pogonia.
Liatris helleri (Heller's blazing star)
Plant Family: Asteraceae
Federally Listed: Threatened, 19 November 1987
Flowers Present: late June - August
Heller's blazing star is a short, stocky plant that has one or more erect stems that
arise from a tuft of narrow, pale green basal leaves. Leaves are accuminate and
diminish in size and breadth upward on the stem. Heller's blazing star has small
lavender flowers and its fruits appear from September to November.
Heller's blazing star is endemic to high elevation ledges of rock outcrops of the
northern Blue Ridge Mountains in North Carolina. Known populations of this plant occur
at elevations of 1067-1829 m (3500-6000 ft). Heller's blazing star is an early pioneer
species growing on grassy rock outcrops where it is exposed to full sunlight. Heller's
blazing star prefers shallow acid soils associated with granite rocks.
3iological Conclusion No Effect
This project is located in the Piedmont physiograpnic province. There are no high
elevation ledges located in this portion of Burke County. The elevation of the project site
-anges from 366-396 m (1200-1300 ft) above mean sea level, well below the requires
alevational range for this species [1067-1829 m (1200-1300 ft)]. In addition, the NC
Natural Heritage Program database of rare species does not indicate any populations of
Heller's blazing star anywhere within the project vicinity. This project will not affect
Heller's blazing star.
Federal Species of Concern (FSC) are those plant and animal species which may
or may not be listed in the future. Theses species were formerly candidate species, or
species under consideration for listing for which there was insufficient information to
support a listing of Endangered, Threatened, Proposed Endangered, or Proposed
Threatened. Federal Species of Concern are not afforded federal protection under the
ESA and are not subject to any of its provisions, including Section 7, until they are
formally proposed or listed as Threatened or Endangered.
Organisms which are listed as Endangered (E), Threatened (T), Significantly Rare
(SR), or Special Concern (SR) by the North Carolina Natural Heritage Program (NCNHP)
list of rare plant and animal species are afforded state protection under the State

1
r
12
Endangered Species Act and the North Carolina Plant Protection and Conservation Act
of 1979; however the level of protection given to state listed species does not apply to
NCDOT activities. Twenty-two FSC are listed for Burke and McDowell Counties. Table
2 lists Federal Candidate and State listed species, the species state status (if afforded
state protection) and the existence of suitable habitat for each species in the study area.
This species list is provided for informational purposes as the status of these species
may be upgraded in the future.
Table 2. Federal Species of Concern for Burke (B) and/or McDowell (M) counties.
Common Name Scientific Name State co.
StatUF
Alleghany Woodrat
Olive-sided Flycatcher
Cerulean Warbler
Southern Appalachian Woodrat
Brook Floater
Edmund's Snaketail Dragonfly
Pygmy Snaketail Dragonfly
Bennett's Mill Cave Water Slater
Diana Fritillary Butterfl,
Butternut
Sweet Pinesap
Carolina Saxifrage
Roan Sedge
Tall Larkspur
Rocky Shoal Spider Lily
Gray's Lilly
Northern Oconee-Bells
A Liverwort
A Liverwort
A Liverwort
A Liverwort
Neotoma magister
Contopus borealis
Dendroica ceruler
Netoma floridana haematoreia
Alasmidonta varicosa
Ophiogomphus edmundo
Ophiogomphus howei
Caecidotea carolinensis
Speyeria diana
Juglans cinerea
Monotropsis odorata
Saxifrage caroliniana
Carex roanenis
Delphinium exaltatum
Hymenocallis coronaria
Lilium grayi
Shortia galacifolia var brevistyla
Cephaloziella obtusilobu/a
Chiloscyphus appalachanus
Plagiochila caduciloba
Plagiochila sullivantii var. spinig
Sc
SC,
SR
SC
T
SR
SR
SR
SR
W5
C
C
C
E-SC
W3
T-SC
E-SC
W2
C
E
B
M
M
nt
B
E
B
M
B: P.A
B;M
B:M
E
M
M
M
M
M
B
B
B
era C B
A Liverwort Plagiochila sullivantii var sullivantii C B
Threatened (T) are native or once-native species of wild plant or animal which is
likely to become an endangered species within the foreseeable future throughout all or a
significant portion of its range. An Endangered (E) species is any native species or
once-native species of fauna or flora whose continued existence as a viable component
of the State's fauna is determined to be in jeopardy. Significantly rare (SR) species are
very rare in North Carolina, generally with 1-20 populations in the state. Candidate (C)
species are very rare in North Carolina, with 1-20 populations in the state, generally
1?
substantially reduced in numbers by habitat destruction. Watch Categories 2 (W2-rare
but taxonomically questionable) and 3 (W3-but uncertain documentation) include species
which have declined sharply in North Carolina, but which do not appear yet to warrant
site-specific monitoring.
Surveys for the above-mentioned species were not conducted during the site visit,
nor were these species observed during the site visit.
Please contact me if you have any further questions regarding this project.
cc: V. Charles Bruton, Ph.D., Unit Head
Hal Bain, Environmental Supervisor
File 1-907B
14
E. Threshold Criteria
The following evaluation of threshold criteria must be completed for Type II
actions.
ECOLOGICAL YES NO
(1) Will the project have a substantial impact on any x
unique or important natural resource?
(2) Does the project involve any habitat where federally
listed endangered or threatened species may occur? X
(3) Will the project affect anadromous fish? X
-
I
I
u
(4; If the project involves wetlands, is the amount of
permanent and/or temporary wetland taking less than
one-third (1/3) acre and have all practicable measures

to avoid and minimize wetland takings been evaluated? ?
(5) Will the project require use of U. S. Forest Service lands? X
(6) Will the quality of adjacent water resources be adversely
impacted by proposed construction activities? X
(7) Does the project involve waters classified as Outstanding Wat
Resources (OWR) and/or High Quality Waters (HQW)? X
(8) Will the project require fill in "Waters of the United States"
in any of the designated mountain trout counties? X
(9) Does the project involve any known underground storage
'
tanks (UST
s) or hazardous materials sites? F
PERMITS AND COORDINATION YES NO
(10) If the project is located within a CAMA county, will the
project significantly affect the coastal zone and/or any
"Area of Environmental Concern" (AEC)? X
F-1

(11) Does the project involve Coastal Barrier Resources Act
resources?
(12) Will a U. S. Coast Guard permit be required? F-I
(13) Will the project result in the modification of any existing ?
regulatory floodway?
(14) Will the project require any stream relocations or channel ?
changes?
-X-
X
X
--A--
?.
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. Box 25201. RALEIGH. N.C. 276 1 1-520 1 E. NORRIS TOLSON
GOVERNOR SECRETARY
16 June 1998
MEMORANDUM TO: J. Wilson Stroud, P.E., Unit Head
Project Planning Unit
ATTENTION: Craig Young, Project Manager
Project Planning Unit
FROM: Dale W. Suiter, Environmental Biologist
Environmental Unit
SUBJEC Revised oroiected impacts for 1-9079, the prcpesed
replacement of seven existing bridges on 1-40 from 0.14 mi
- east of SR 4760 to 0.23 mi east of SR 1429 and bridge number
67 on SR 1129 over 1-40: McDowell and Burke Counties, NC.
-- - - -- -- TIP No..-I-gG715 ; State-Project No.--8.-1-870--20Z-Federal Project----
No. I R-40-2(73)85.
REFERENCES: 1.) Natural Resources Technical Report completed by Dale W.
Suiter on 15 October 1997.
The original Natural Resources Technical Report (Reference 1) calculated
impacts based on upgrading the subject bridges. Since that time, NCDOT has decided
to replace those bridges rather than upgrade them. This memo serves to update
Reference 1 with regards to biotic community impacts.
Impacts To Communities
Terrestrial and aquatic communities found in the study area serve as nesting,
feeding and sheltering habitat for various species of wildlife. Habitat reduction
concentrates wildlife into smaller areas of refuge, thus causing some species to become
more susceptible to disease, predation and starvation.
Using calculations based on a ROW width of 78 m (260 ft) for the bridges on 1-40
and a ROW width of 30 m (100 ft) for the bridge on SR 1129, it is estimated that
approximately 1.9 ha (7.02 ac) of land could be impacted by this project (Table 1).
However, the entire ROW is rarely used for such projects and actual impacts will likely
be much less than these estimates. Most of the areas that will be impacted are
currently disturbed roadside ROW including grassy median areas and roadside
shoulders. It is unlikely that large areas of the Mesic `,' „-4 'ter-- - - 7-rests will be
impacted by this project. North Muddy Creek and South Muddy Creek are the only
jurisdictional surface waters in the project study area. Impacts to these streams, given
in linear feet, was calculated based on the projected ROW.
Table 1. Impacts to biotic communities and surface waters.
Bridge Bridge Spans Impacts to Mixed Impacts to Impacts to
Mesic Hardwood Disturbed Stream
Forest Roadside Channel
ha (ac) Shoulder In. ft.
ha (ac)
Bridge Nos. 160 North Muddy Creek 0.58(l.44) 0.39 (0.96) 260
& 161
Bridge Nos. 163 South Muddy Creek 0.63(l.56) 042 (1.04) 260
& 16:.
Bridge Nos. 153 SR 1803 0.52 (1.29) 0.09 (0.22' n/a
& 155
Bridge No. 67 1-40 0 0.21 (0.51) n/a
Total Impacts 1.73 (4.29) 1.11 (2.73) 520
Please contact me at [phone] ext. 303 if you have any further questions
regarding this project.
cc: V. Charles Bruton, Ph.D., Permits, Mitigation and Natural Resources Unit rieac
Hal Bain, Natural Resources Supervisor
t ffie: 1-907B

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A 4 j
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 4, 1999
Burke & McDowell Counties
DWQ Project # 990563
APPROVAL of 401 Water Quality Certification
Mr. William Gilmore, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
PO Box 25201
Raleigh NC 27611-2501
Re: Improvements to I-40 from east of SR 1760 in McDowell County to east of SR 1129 in
Burke County; Federal Aid Project No. IMF-40-2(104)90; State Project No. 8.1870210;
DWQ No. 990563; TIP No. I-907B.
Dear Mr. Gilmore:
You have our approval, in accordance with the attached conditions and those listed below, to
make the improvements to Interstate 40 as described in your February 19,1999 application
(Received March 3,1999). After reviewing your application, it is our determination that your
proposed activities are covered by General Water Quality Certification Number 3197.
Certification 3197 corresponds to Nationwide Permit Number 23 issued by the Corps of
Engineers. Prior to initiating any work in jurisdictional areas you should obtain the necessary
permit(s) from the Corps of Engineers as well as any other federal, state or local permits,
including (but not necessarily limited to) Sediment and Erosion Control, Non-Discharge and
Water Supply Watershed regulations. This approval will expire when the accompanying 404
permit expires, unless otherwise specified in the General Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ and submit a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter, and is
thereby responsible for complying with all the conditions. Since the proposed fill is in excess of 150
linear feet of stream length, compensatory mitigation is required as described in 15A NCAC 2H.0506
(h) (6) and (7). ). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
D. •
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
172 linear feet of stream mitigation is required for the proposed project. We understand that
you have chosen to contribute to the Wetland Restoration Program, and that the WRP has
agreed to implement mitigation for the project. In accordance with 15A NCAC 2R.0500, this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC
2H.0506(h). Until the Wetland Restoration Program receives and clears your check (made
payable to DENR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr.
Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you have any questions
concerning the Wetland Restoration Program. You have two months from the date of this
Certification to make the payment. For accounting purposes, this Certification authorizes the
fill of 172 linear feet of stream in the Catawba River Basin in Cataloging Unit 03050101.
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.
276 1 1-7447. This certification and its conditions are final and binding unless you ask for a
hearing.
If you have any questions, please telephone John Dorney or John Hennessy at 919-733-1786.
Attachment
Sincerely,
®rrtevens
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Central Files
CAncdot\1-907\wqc\DWQ 990563.doc
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
^. ,
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
NORTH CAROLINA - DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H.0500, NCDOT, DWQ Project # 990563, is authorized to impact the surface
waters of the State of North Carolina as indicated below for the purpose of constructing improvements to Interstate
40 in Burke and McDowell Counties (T.I.P. No. I-907B). All activities associated with these authorized impacts
must be conducted in accordance with the conditions listed in the attached certification transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
LOCATION: Improvements to Interstate 40 in Burke and McDowell Counties
COUNTY: Burke and McDowell Counties
BASIN/SUBBASIN: Catawba River Basin, Cataloging Unit 03050101
DWQ No.: 990563
As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to compensate for the
above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as
outlined below prior to conducting any activities that impact or degrade waters of the state.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Program must be rounded to
one-quarter increments according to 15A 2R.0503(b).
0.0 acres of Class WL wetlands
0.0 acres of riparian wetlands
0.0 acres of non-riparian wetlands
0 acres of Class SWL wetlands
172 linear feet of stream channel
One of the options you have available to satisfy the compensatory mitigation requirements is through payment of a
fee to the Wetland Restoration Fund per 15A NCAC 2R.0503. If you choose this option, please sign this form and
mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of
payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT
AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED
BY THE WETLANDS RESTORATION PROGRAM.
Signature
Date
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
P.O. BOX 29535
RALEIGH, NC, 27626-0535
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
r
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 41)1 NValer Quality Certification
Mr. William (;illriole, P.1;., Manager
Project I_)eveloprncnt and Ftivironulcntal Analysis
North Carolina Department of'1'ransportation
PO Box 25201
Raleigh NC 27611-2501
Re: Jnlhrovenlents to 1-40 from east of SR
Burke County; federal Aid Project No
I)WO Nq. )90. r ; 'I'll' No. 1-90713.
4 * •
NN(CDENR
Rr NVIROhIMEN"V AND NATURAL RFSouRCE
June 4, 1999
Rurke &_ McDowell Counties
I )WQ Project, #:990563
1760 in McDowell County to east of SR 1 129 in
. IMF-1.0-2(104)90; State Project No. 8.1870210;
I)ear Mr. Gilmore:
You have our approval, in accordance with the attached conditions and those listed below, to
snake the inlprovernents to interstate 40 as dcscrihed ill your Fchruary 19,1999 application
(Received March 3,1999). After reviewing your application, it is our delerminatiorl that your
proposed activities are covered by Gencral Watcr Quality Certification Nunlher 3197.
Certification 3197 corresponds to Nationwide Permit Number 23 issued by the Corps of
Engineers. Prior to initiating any work in jurisdictional areas you should obtain the necessary
permit(s) from the Corps of Engineers as well as any other federal, state or local permits,
including (hut not necessarily limited to) Sediment and Erosion Control, Non-I)ischarge and
Water Supply Watershed regulations. This approval will expire when the accompanying 404
permit expires, unless otherwise specified in fire General Certification.
This approval is valid solely for the purpose and design dcscrihed in your application (unless modified
below). Should your project change, you must notify the DWQ and subrrlif a new application. If Thw
property is sold, the new owner roust he given a copy of this Certification and approval letter, and is
thereby responsihle for complying with all the conditions. Since the proposed fill is in excess of 150
linear feet of stream length, compensatory mitigation is required as described in 15A NC'AC 211 .0506
(h) (6) and (7). ). For this approval to he valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, W. 27607 1 elephone 919-733-1786 FAX tt 733-9959
An Equal Opportunity Affirmative Action Fmployer • 500% recycled/10 %0 post consumer paper
r, .
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Y?.,W,j •
A&14
??l
aft
NORTH CAROLINA DFPAR-T-MFNT or-
FNVIRONMFNT ANn NATURAL RFSOURcFs
172 linear feet of stream mitigation is required for the proposed project. We understand that
you have chosen to contribute to the Welland Restoration Program, and that the WRI' has
agreed to inTl)Iernenl miligalion for file project. In accordance with 15A N('AC 28.0500, this
contribution will satisfy our compensatory mitigation requirements under 15A N('A('
211.0506(h). I Jntil the Wetland Restoration Program receives and clears your check (made
payable to D NR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr.
Ron Ferrell should he contacted at 919-733-5083 ext. 358 if you have any questions
concerning the Wetland Restoration Program. You have two n)onths from the elate of this
Certification to niake the payment. For accounting purposes, this Certification authorizes Ihe
fill of 172 linear feet of stream in the Catawha River Basin in Cataloging 1`Jnit 03050101.
If you do not accept any of the conditions of Ibis certification, you pray ask for an adjudicatory
hearing. You must act within 60 clays of Ihc. date that you receive this letter. To ask for a
hearing, send a written petition which conforms to Chapter 15011 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 hinding unless you ask for a
hearing.
If you have any (Iuestions, please telephone John Donley or John I lenuessy at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville 1)WQ Regional Office
('entr'ill Piles
C:AncdolAt-907\\?•(IcAl)\VQ 990563.doc
rely,
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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