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HomeMy WebLinkAbout20001471 Ver 1_Complete File_20001123 State of North Carolina Department of Environment and Natural Resources ` Division of Water Quality James B. Hunt, Jr., Governor NCDENR Wayne vltt Secreta McDe ry Kerr T. Stevens, Director December 15, 2000 Buncombe County DWQ Project # 001471 APPROVAL of 401 Water Quality Certification Mr. William D. Gilmore, P.E., Manager North Carolina Department of Transportation Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Mr. Gilmore: You have our approval, in accordance with the attached conditions and those listed below, to construct a temporary causeway for the purpose of replacing Bridge No. 512 over Swannanoa River in Buncombe County. The project should be constructed in accordance with your application dated 10 January 2000 (received 23 November 2000). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification number 3289 corresponding to the Corps of Engineers Regional (General) Permit Number 198200031. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality 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. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper r This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Central Files Sincerely, T. Stevens MEMORANDUM TO: John Dorney Regional Contact: Max Haner Non-Discharc ? Branch WQ Supervisor: Forrest Westall Date: SUBJECT: WETLAND S',NFF REPORT AND RECOMMENDATIONS Facility Name NCDOT - Brir',Te 512 on SR 2435 R-2931 Project Number 00 1471 Recvd From DOT Received Date 11/23/00 Recvd By Region Project Type bridge realign F sent , County Buncombe County2 Region Asheville Certificates Stream Stream Impacts (ft.) Class .: Permit Wetland Wetland Wetland Stream Acres Feet r+=. Type Type Impact Score Index Prim. Supp. Basin Req. Req. 31 F-- O Y -@N F- - 6-78 1 c? 30,402. F-- F rF- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached"? Q Y * N Did you request more info? Q Y (0 N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? Q Y ' N Provided by Region: Latitude (d,,; nmss) 35 36 03 Recommendation: 0 Issue p Issue/fond O Deny Longitude (ddmmss) 82 24 31 Comments: The pro op sed project will rep'= Qe an existing- bridge across the Rwannanoa River which DWQ protects as Class "C" waters (reference in the,pli cation as C-Trout is incorrect). The COE proposes to issue the permit ?!gder General Permit 31 (Maintenance of Existing Flood Control Activities). The applicant NC1-` OT imposes to construct a temporary causeway on the southside of the river west of the road for c.?nstruction of drilled piers during high water levels. Impact considered minimal. It is recommended.-Y t this permit be issued. cc: Regional Office Central Office Page Number 1 Facility Name NCDOT - Bridge 512 on SR 2435 B-2931 County ancombe Project Number 00 1471 Regional Contact: Max Haner Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 /t JAMES B. HUNT JR. GOVERNOR „? SUTt' STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201, RALEIGH, N.C. 27611-5201 001471 DAVID McCOY SECRETARY January 10, 2000 U.S. Army Corps of Engineers Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, NC 28801-5006 Attention: Mr. Steve Lund NCDOT Coordinator PAYMENT RECEIVED Subject: Buncombe County, SR 2435, replace Bridge No. 512 over Swannanoa River; Federal Aid Project No. BRZ-2435(1); State Project No. 8.2843101; TIP No. B-2931. Dear Sir: The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 512 over Swannanoa River on SR 2435. The existing bridge will be replaced on new alignment within the existing corridor on a 440 m radius (4 degree curve). SR 2436 and SR 2435 from the southwest will be a through movement and SR 2435 from the east will be stop sign controlled at the intersection. SR 2435 approach work will extend approximately 182 m (600 ft) northeast and 100 m (330 ft) southwest of the proposed bridge. Traffic during construction will be detoured along existing roads. The new structure consists of a bridge that is approximately 64 in (200 ft) in length that will accommodate a 7.2 m (24 ft) travelway with 1.2 m (4 ft) shoulders. The approach roadway will consist of a 7.2 in (24 ft) travelway with 2.4 in (8 ft) shoulders, including 1.2 m (4 ft) paved shoulders. The right-of-way for the project is 39.6 m (130 ft) wide. No wetlands will be impacted by the proposed work. Bridge replacement over the Swannanoa River is scheduled to be let to construction on July 18, 2000. t' If the water level rises, NCDOT suspects a temporary causeway will be needed for the construction of the drilled piers and will be placed on the south side of the river west of the A, existing road (drawings included). As a result the temporary fill in surface waters will be 0.006 ac. In addition a water utility pipe 10 inches in diameter will be placed inside the right-of - way of the project (drawings included). It will be bedded in a flat-bottom trench. The trench will be backfilled in loose 6 in. layers compacted to the top of the trench using local excavated material, if approved by the engineer, or select material. All material shall be free of rocks, foreign material, and frozen earth. Compaction shall be to approximately 95% density. The total length of the pipe is 594 ft. The pipe extends 78 ft. at the stream crossing and will be buried a minimum of 2 ft. below the stream bed. Surface area affected by the pipe at the stream crossing is 0.0054 ac. Total instream impacts equal 0.011 acres. The existing bridge will be removed. Bridge demolition issues have been discussed with agency personnel and resolved prior to this letter. The C4eg6ri0l xclusion document prepared for the project includes several environment .40' nts. The NCDOT commits to the project construction between April and November to minimize impacts on fish reproduction in the river and to minimize impacts on school bus traffic. A comprehensive archaeological survey has been conducted for this project. Two sites were recorded during the survey. The SHPO has concurred with the results and recommendations of the survey. A letter of concurrence. from David Brook of SHPO has been attached. Since Buncombe County is designated a trout county by the Wildlife Resources Commission (WRC), NCDOT requests comments from WRC to be sent directly to the Corps of Engineers (COE). The project is being processed by the FHWA as a "Categorical Exclusion" (CE) in accordance with 23 CFR 771.115(b). A copy of this document has been attached to this letter. The NCDOT does not anticipate requesting a Section 404 Individual Permit but proposes to proceed under a Section 404 Nationwide Permit 23, 33 and 12 in accordance with 33 CFR 330 issued by the COE. The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. The NCDOT anticipates that 401 General Water Quality Certification for an approved CE will apply to this project. A copy of the CE document has also been provided to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. r` If you have any questions or need any additional information, please contact Ms. Shannon Simpson at ext. 332. Sincerely, 41, C- -X?L William D. Gillmore, Manager j? Project Development and Environmental Analyses WDG/sls Enclosure cc: Mr. David Franklin, COE, Wilmington Mr. John Dorney, Division of Water Quality Mr. William Rogers, P.E., Structure Design Mr. Calvin Legget, P.E., Program Development Mr. Debbie Barbour, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. Ray Arnold, P.E., Design Services Mr. Mark Davis, NCWRC Mr. W. D. Smart, Division 13 Engineer Mr. Roger Bryan, Division 13 Environmental Officer Mr. John Conforti, Project Development and Environmental Analysis 9t 1/10/2000 DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 23, 33, and 12 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: NC Dept. of Transportation; Project Development and Environmental Analysis 2. MAILING ADDRESS: Post Office Box 25201 SUBDIVISION NAME: CITY: Raleigh STATE: NC ZIP CODE: 27611 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME): (WORK): 919-733-3141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: William D. Gilmore , P.E., Manager 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Buncombe NEAREST TOWN OR CITY: Swannanoa r' 2 L SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Bridge No. 512 on SR 2435 over Swannanoa River 6. IMPACTED OR NEAREST STREAM/RIVER: Swannanoa River RIVER BASIN: French Broad 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [X] NO [ ] IF YES, EXPLAIN: Swannanoa River is a trout water 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ].NO[X] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? No 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO. [X] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: NA 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0 acres ,t 3 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: DRAINAGE: OTHER: TOTAL ACRES TO BE IMPACTED: 0.0 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: N/A FT AFTER: FT WIDTH BEFORE (based on normal high water contours): WIDTH AFTER: FT AVERAGE DEPTH BEFORE: N/A FT AFTER: N/A FT FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: See cover letter for details. Temporary placement of rip rap in surface waters for a causeway and placement of a water pipe which crosses the river. 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA,? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): See cover letter for details. Bridge No. 512 will be replaced on new alignment The existing bridge will be removed. Temporary placement of Class II Rip Rap to facilitate the movement of heavy machinery (backhoe, heavy duty trucks, dozer) will be needed if water levels rise. A water pipe will be placed parallel to SR 2435 and crosses the river adjacent to the proposed bridge. 4 13. PURPOSE OF PROPOSED WORK: Bridge Replacement 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Project is water dependent. Minimization efforts are outlined in Attached cover letter. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: see CE (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: See CE 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO [J (IF NO, GO TO.18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT.PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ] NO [X] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [XI IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 5 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Rural f. IF APPLICABLE, WHAT IS PROPOSED'METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. If, ?-- • o,,(, W - b • r' Irstll:? 111o12,00 OWNER'S/AGENT' S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) ? . ?,{? 1 Syr North Carolina Department of Cultural Resources State Historic Preservation Office James B. Hunt Jr., Governor Betty Ray McCain, secretary October 7, 1999 William D. Gilmore, PE, Nkumger Project Development and Environmental Analysis Branch Division of Highways Department of Transportation 1543 Mail Service Center Raleigh, NC 27699-1543 Division of Archives and History JetFrey J. Crow, Director Re: Bridge #512 on. SR 2435 over Swannanoa River, B-2931, Buncombe County, ER 95-9035, ER 00-7379 Dear Mr. Gilmore: Thank you for your letter of august 17, 1999 transmitting the report of test excavations for the above project from Coastal Carolina Research. The testing indicated that site 31BN662 does not contain significant information and is recommended as not eligible for listing on the National Register of Historic Places. We concur with this recommendation. The above comments are made pursuant-to Section 106 of the National Historic Preservation Act of 1966, the Advisory Council on Historic Presen-ation's Regulations for Compliance with Section 106, codified at 36 CFR Part 300, and to Executive Order 11593, "Protection and Enltiancement of the Cultural Environment." Thank you for your cooperation and consideration. If you have questions concerning the above comments, please contact Ms. Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, Lbavid-Brook Deputy State Historic Preservation Officer DB:bjs cc: Claggett?oore Loretta Lautzenheiser, Coastal Carolina Reserach Thomas Padgett, NCDOT Lucutiun Nlailin?, Address Telephone/Fax ADMINISI'R:\TION 5ti7 N. Bluunt St., Ralciglt NC 4617 Mail Scrvic C_ra r, Raleigh NC 27699-'617 (9191733-4763:733-3653 .-\RCHAEOLOCY 4=1 N. [31uunt St., Raleigh I;C 4619 Mail S,:rvi:,: C::nt,:r, Ral ngh \C 27699-4619 (9',9;733-7342!7l5-'_671 RESTORATION ., 5 N. 13lour.t St:, Ralci;h `:C 4613 `.Lail Servi::e Ccnt;r. {Z;tlci?h NC 27699--46 1 3 (91) }733.6547 715--4301 Sl:lt\'1a' & I'L.\NNING ' 15 N. I;Ivunt St.. Ralui?h `:C 46 l.'i .`.L:ail S rvicc Gnlr, Raleigh NC 27099-4613 (9:))733-6;4715-4801 ?s . go *00 s V?klndrton 419 Arden o? o? J# N. C. DEPT. OF TRA SPIORTATION PROJECT: 8.2843101 dB-2931: BRIDGE 512 ON SR 2435 OVER THE SWANNANOA RIVER. NOVEMBER 1999 SHEI?T 1 OF f DIVISION OF HIGHW BUNC{O.gBE COUNT' 41s Ln Q W, O W O Q a?YC p I? W `r WW?v W W > ? O Z ? uj QQ ujm? _ `LJ C) I Ln I I 1,3 -J) J I I I ? I I ?I do i CMIC C.) ca F v w F z wz Q OA; 7• ? » I \ o C\j ? ?l I I I ! ?l I ? I I I 111 1 1 1 I I? 1111 ?_ it Il l 11 \ h 11l? ? 11N o !i ?\ z z I E- o; > W i c's ? y eL X z ) z z ? z ? ? I (r, ? j I ! 0 ltj ' o? W m? o can m oQ I Li ai 11 ?\ O 1 O ` O ` O ` 00 O 4 60 i O O O O 1 W W 0 f Q Q? (_) / DO Q Un S W Q LL . O Q CL r.. ? x ? w w U H ill ? II ?' u? ? N G o I I ?? I I w i DETAIL OF CAUSEWA-Y' 20 ft ROCK EMBANKMENT I ft NWS EL= 2162.4 I ?\?\?X\ .I I/ \\\\I I//,\A ( NOT TO SCALE Itt ABC -.F- FLOW 1.5:1 STREAM BED XX /\\ . 111//A\\I VOLUME AND ACREAGE OF CLASS II RIP RAP BELOW W.S. AREA= 0.006 acres* ROCK EMBANKMENT= 13 yd3 CAUSEWAY DET lL * - AREA IS TOTAL TEMPORARY FILL IN SURFACE WATERS. N Ln m N LO LA ? N N N d- d- ? L ? m o O £ 8 Ob'N now ? Q N C?'- 00 N of N LO ? N O A c N ?a ,o xi Q z z 3 N O W O V V W M ?O tie co 00 U Ca ? 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N b Uomf-Lj-: / I o Q LLJ ?wj U< V) JJ IJCO< I =?> cnIT Uw - L6 Ln T o, o L.1J U< I I f -iN pQD o I I I N? ??, ? Mom LJ <? xa° -? JN IO I I o"fu N U r o?1 J ?z i m > = 01?--' w o rn w w cn F- ( A ti >XQ 1 -? WN V) OUJZ ww I J(.n N w 0 WLLCD tl co ?WLnV)C) Q:? OF- ao? $j Buncombe County SR 2435 Bridge No. 512 Over Swannanoa River Federal-Aid Project No. BRZ-2435(1) State Project No. 8.2843101 T.I.P. No. B-2931 0014711 CATEGORICAL EXCLUSION U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED c DATE H. Franklin Vick, P.E., Manager Planning and Environmental Branch, NCDOT L 1117-6 'J* '00 4' 1, DATE Nich s L. Gra , P.E. Fe< Division Administrator, FHWA Buncombe County SR 2435 Bridge No. 512 Over Swannanoa River Federal-Aid Project No. BRZ 2435(1) State Project No. 8.2843101 T.I.P. No. B-2931 CATEGORICAL EXCLUSION NOVEMBER 1996 Document Prepared by Wang Engineering Company, Inc. ?- ??. u3. Pamela R. Williams Project Engineer 'L "e a s ang, Ph.D., P.E. sident For North Carolina Department of Transportation L. Gail rimes, P.E , Unit Head Consultant Engin ring Unit ames A. Buck, P. E. Project Planning Engineer Buncombe County SR 2435 Bridge No. 512 Over Swannanoa River Federal-Aid Project No. BRZ-2435(1) State Project No. 8.2843101 T.I.P. No. B-2931 Bridge No. 512 is included in the North Carolina Department of Transportation (NCDOT) 1997- 2003 Transportation Improvement Program. The location is shown in Figure 1. No substantial impacts are anticipated as a result of this action. The project is classified as a Federal "Categorical Exclusion." 1. SUMMARY OF ENVIRONMENTAL COMMITMENTS 1. All Standard procedures and measures, including NCDOT's Best Management Practices for Protection of Surface Waters, will be implemented, as applicable, to avoid or minimize environmental impacts. 2. Construction will be scheduled between April and November to minimize impacts on fish reproduction in the river and to minimize impacts on school bus traffic. 3. During construction a school bus turnaround point or a safe walk zone will be established on the southwest side of the bridge for the elementary school children who live in that area. 4. Location of any required deck drains will be determined during final design phase. 5. A comprehensive archaeological survey will be conducted within the APE for the proposed project prior to right of way acquisition. II. SUMMARY OF RECOMMENDATIONS Bridge No. 512 will be replaced on new alignment within the existing corridor as illustrated in Figure 2. It will be replaced with a new bridge having a clear roadway width of 9.6 m (32 ft) and an approximate length of 64 m (200 ft). The grade of the new structure will be approximately the same as the existing bridge grade. The proposed approach roadway will have a 7.2 m (24 ft) travelway with 2.4 m (8 ft) shoulders, including 1.2 m (4 ft) paved shoulders. During construction, traffic will be maintained on an off site detour along existing roads. The estimated cost, based on current prices, is $1,025,000 including $175,000 for right-of-way and $850,000 for construction. The estimated cost of the project, as shown in the NCDOT 1997-2003 Transportation Improvement Program, is $1,190,000 including $40,000 for right-of- way and $1,150,000 for construction. Ill. EXISTING CONDITIONS SR 2435 is classified as a urban collector route in the Statewide Functional Classification System. Land use is primarily residential and commercial in the immediate vicinity of the bridge. SR 2436 (River Road) intersects SR 2435 approximately 61 m (200 ft) northeast of the bridge and SR 2435 intersects US 70 approximately 180 m (600 ft) southwest of the bridge. There are narrow bridge warning signs on each approach. This section of SR 2435 is designated as a bicycle route on the Buncombe County Bicycle Suitability Map. SR 2435 is used by bicyclists traveling to and from Swannanoa. The southwest approach is on a horizontal tangent for approximately 46 m (150 ft) before curving to the west with a 260 m radius (6.75 degree) curve to intersect with US 70. The northeast approach is a 100 m radius (18 degree) curve that ends at the bridge. The vertical alignment is relatively level. The bridge is within corporate limits and the speed limit is not posted; therefore, assumed to be a statutory speed of 50 km/h (35 mph). The projected traffic volume is 5250 vehicles per day (vpd) for 1997 and 6690 vpd for the design year 2017. The volumes includes one percent tractor-trailer semi-trailers (TTST) and three percent dual-tired vehicles (Dual). The weight limit is not posted. Near the bridge, SR 2435 has a 4.9 m (16.2 ft) pavement width with 1.0 m (3 ft) shoulders. The roadway is approximately 7.2 m (24 ft) above the creek bed. The existing bridge was built in 1920 (Figure 3). The overall length of the bridge is 39.0 m (128 ft). The clear roadway width is 5.4 m (17.8 ft). The superstructure consists of reinforced concrete deck girders with an asphalt wearing surface. The substructure consists of reinforced concrete abutments and piers. Bridge No. 512 has a sufficiency rating of 45.6, compared to a rating of 100 for a new structure. No accidents were reported within the project area during the period from January 1, 1992 to December 31, 1994. The City of Asheville, Water Engineering Department, has a 0.2 m (8 inch) water line crossing the creek under Bridge No. 512. This pipeline is visible from the bank, lying on the creek bottom approximately 4.5 m (15 ft) downstream from and parallel to the bridge. According to the Metropolitan Sewerage District (MSD) of Buncombe County, a 0.5 m (21 inch) sewer line located east of the bridge. Manhole covers are visible in the southeast and northeast quadrants. Overhead telephone lines and powedines cross the bridge on all comers. Utility impacts will be low. Buncombe County school buses cross the bridge thirty (30) times daily. 2 IV. ALTERNATIVES Both alternatives studied for replacing Bridge No. 512 include a new bridge approximately 64 m (200 ft) in length that will accommodate a 7.2 m (24 ft) travelway with 1.2 m (4 ft) shoulders. The approach roadway will consist of a 7.2 m (24 ft) travelway with 2.4 m (8 ft) shoulders, including 1.2 m (4 ft) paved shoulders. The alternates studied are shown in Figure 2 and as follows: Alternate A (Recommended): Replace the existing bridge on new alignment within the existing corridor on a 440 m radius (4 degree curve). SR 2436 and SR 2435 from the southwest will be a through movement and SR 2435 from the east will be stop sign controlled at the intersection. SR 2435 approach work will extend approximately 182 m (600 ft) northeast and 100 m (330 ft) southwest of the proposed bridge. Traffic during construction will be detoured along existing roads. Alternate B: Replace the bridge at existing location with roadclosure. Traffic will be maintained by an off-site detour along existing roads. A horizontal design exception will be required due to the existing 100 m radius (18 degree curve) on the northeast approach to the bridge. This alternate will maintain the existing 50 km/h (30 mph) design speed. Approximately 76 m (250 ft) of approach work will be required on SR 2435 on both sides of the bridge. Other Alternates: Replacing the bridge at existing location with an on-site detour is not desirable due to excessive cost, undesirable environmental consequences and two relocations. The "do-nothing" alternative would eventually necessitate closure of the bridge. This is not desirable due to the traffic service provided by SR 2435. Investigation of the existing structure by the Bridge Maintenance Unit indicates the rehabilitation of the old bridge is not feasible due to its age and deteriorated condition. V. ESTIMATED COST The estimated costs of the alternates studied, based on current prices, are as follow: Structure Removal (existing) Structure (proposed) Roadway Approaches Miscellaneous and Mobilization Engineering and Contingencies ROW/Const. Easements/Utilities (Recommended) Alternate A Alternate B $ 16,220 $ 16,220 $ 368,640 $ 368,640 $ 181,040 $ 149,740 $ 174,100 $ 160,400 $ 110,000 $ 105,000 $ 175,000 $ 165,000 TOTAL $ 1,025,000 $ 965,000 3 VI. TRAFFIC DETOUR An eight month road closure period is anticipated. Traffic will be detoured on SR 2435, SR 2727 , and US 70 an approximate distance of 1.6 kilometers (1.0 miles). The roadway, traffic lights and bridge are adequate to accommodate detoured traffic during the construction period. The Buncombe County Director of Transportation has requested that NCDOT during construction provide a "school bus turnaround or a safe walk zone" south of the bridge, so transportation services can be furnished to the elementary children who live in this area. Construction will be scheduled between April and November to minimize impacts on fish reproduction in the river and to minimize impacts on school bus traffic. Provision of an on-site detour is undesirable due to impacts to the trout waters, costs associated with the on-site detour and two relocatees. VII. RECOMMENDED IMPROVEMENTS Because of the better design and lesser impacts, Bridge No. 512 will be replaced on new alignment (Alternate A) within the existing corridor. The design speed will be 80 km/h ( 50 mph) in the project vicinity. A 9.6 m (32 ft) clear roadway width will be provided on the replacement structure in accordance with the current NCDOT Bridge Policy and AASHTO's standard bicycle accommodations. This will provide a 7.2 m (24 ft) travelway with 1.2 m (4 ft) shoulders across the structure. A 7.2 m (24 ft) travelway with 2.4 m (8 ft) shoulders, including 1.2 m (4 ft) paved shoulders, will be provided on the proposed approaches. The major traffic pattern at the intersection of SR 2435 and SR 2436 will be revised. The existing SR 2435 traffic pattern is a through movement with an 18 degree curve approaching the bridge from the northeast and SR 2436 intersecting half-way through the curve. The existing SR 2436 is stop sign controlled. The intersection will be realigned to improve the sight distance at the intersection and the northeastern approach to the bridge. SR 2435 from the east will be stop sign controlled. SR 2436 will be a through movement at the intersection of SR 2436 and SR 2435 (see Figure 2). The Division Engineer concurs in the recommendation that the structure be replaced on new alignment. Based on a preliminary hydraulic analysis utilizing the 25 year design storm, the new structure is recommended to have a length of approximately 64 m (200 ft). The elevation of the new structure will be approximately the same as the existing bridge. The replacement structure will maintain a minimum 0.3% grade to facilitate deck drainage. Cofferdam sheeting may be required for bridge footings in water. The length and height of the bridge may be increased or decreased as necessary to accommodate peak flows as determined by further hydrologic studies. 4 VIII. NATURAL RESOURCES The proposed project lies within the Blue Ridge Physiographic Province in Buncombe County (Figure 1) in the town of Swannanoa, North Carolina. Buncombe County's major economic resources include agriculture, industry and tourism. Methodology Informational sources used to prepare this report include: United States Geological Survey (USGS) quadrangle map (Oteen, 1990); NCDOT aerial photographs of project area (1:1200); Soil Conservation Service (SCS) soil maps of Buncombe County (1981); U.S. Fish and Wildlife Service (FWS); National Wetlands Inventory Map (Oteen, 1995); FWS list of protected species and federal species of concern (1996); and N.C. Natural Heritage Program (NCNHP) database of rare species and unique habitats (1996). Research using these resources was conducted prior to the field investigation. A general field survey was conducted along the proposed project corridor on March 27, 1996. Plant communities and their associated wildlife were identified using a variety of observation techniques, including active searching, visual observations with binoculars, and identifying characteristic signs of wildlife (sounds, tracks, scat, and burrows). Quantitative impact calculations were based on the worst case scenario using the full 24.4 m (80.0 ft) wide right-of-way limits, the width of the stream for aquatic impacts, and the length of the project approaches. The actual construction impacts should be less, but without speck replacement structure design information (pier intrusions, etc.) the worst case was assumed for the impact calculations. Definitions for area descriptions used in this report are as follows: "project study area", "project area", and "project corridor" denote the speck area being directly impacted by each alternative. "Project vicinity" denotes the area within a 1.6 km (1.0 mi.) radius of the project area. Topography and Soils The topography of the project vicinity is characterized as rolling hills to flat in some places. Project area elevation is approximately 670 m (2200 ft). This portion of Buncombe County contains soils from the Tate-Urban land association. The Tate-Urban land mapping unit consists of Tate soils and Urban land on alluvial fans, terraces, footslopes and benches. Tate soils have a dark brown loam surface layer 22.86 centimeters (9 inches thick) with a yellowish brown sandy clay loam subsoil 1.0 m (3.0 ft). Urban land is land covered by streets, parking lots, houses and other closely spaced structures associated with urban areas. WATER RESOURCES This section describes each water resource and its relationship to major water systems. The proposed project lies within the French Broad River drainage basin. 5 Water Resource Characteristics The Swannanoa River (stream index no. 6-78) is a perennial tributary within the French Broad River basin. The stream banks are variable in height from 0.15 m (0.5 ft) upstream (south) of the bridge to 1.2 m (4.0 ft) high in the northwest quadrant. Vegetation along the banks includes river birch and mountain laurel. The Swannanoa flows northeast through the proposed project area with a width of 32 m (105 ft) at Bridge No. 512. The depth of the river was approximately 0.2 to 0.6 m (0.5 to 2.0 ft) on the day of the investigation. The Swannanoa River has a Class C rating from the North Carolina Division of Environmental Management (NCDEM), indicating the creek's suitability for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map for Buncombe County (1980) indicates the project area lies in Zone A (see Figure 4). The NCDEM does not maintain a macroinvertebrate sampling station within the project area. There is a sampling station on the Swannanoa River at Azalea Road approximately 12.8 river kilometers (8.0 mi.) downstream from the project area. Another sampling station is located more than 16 river kilometers (10 mi.) downstream at US 25 in Asheville. Benthic macroinvertebrates, or benthos, are organisms that live in and on the bottom substrates of rivers and streams. The use of benthos data has proven to be a reliable tool as some benthic macroinvertebrates are sensitive to subtle changes in water quality. Criteria have been developed to assign bioclassifications ranging from "Poor" to "Excellent" to each benthic sample based on the number of taxa present in the intolerant groups Ephemeroptera, Plecoptera and Trichoptera (EPT). Different criteria have been developed for different ecoregions (mountains, piedmont, coastal) within North Carolina. Data for the Swannanoa River taken at Azalea Road in January 1993 indicated an EPT taxa richness value of 31 which is a bioclassification of good- fair. Data from the US 25 station taken in July 1992 indicated an EPT taxa richness value of 27, which has a bioclassification of "Good-Fair". The NCDEM also uses the North Carolina Index of Biotic Integrity (NCIBI) as another method to determine general water quality. The method was developed for assessing a stream's biological integrity by examining the structure and health of its fish community. The scores derived from the index are a measure of the ecological health of the waterbody and may not necessarily directly correlate to water quality. The NCIBI is not applicable to high elevation trout streams, lakes or estuaries. Data for the Swannanoa River at US 25 in June 1993 indicated an NCIBI score of 44, which has an integrity class of "Fair". According to the North Carolina Wildlife Resources Commission( NCWRC) the Swannanoa River is Hatchery Supported Public Mountain Trout Waters (PMTW). Although no current fish sampling data was available, this river supports some wild trout, according to NCWRC. Data collected in 1964 and reported by the Division of Inland Fisheries (Fish, 1968) indicate that, at the time, Swannanoa River's ecological classification was "EIC smallmouth", indicating the presence of smallmouth bass, rock bass and crayfish. The Buncombe County Watershed Ordinance provides regulations to limit the exposure of watersheds in Buncombe County to pollution. The Critical Area is defined as being one-half mile from a lake or where water is taken from a river. According to James Coman of the Buncombe County Planning and Development Department, there is no watershed associated with Bridge No. 512, thus the Swannanoa River is not within a Critical Area and restrictions outlined in this Watershed Ordinance will not be applicable to the replacement of this structure. 6 No waters classified by the NCDEM as High Quality Waters (HQW), Outstanding Resource Waters (ORW), or waters designated as WS-1 or WS-II are located within 1.6 km (1.0 mile) of the project study area. Anticipated Impacts to Water Resources Short-term impacts to water quality can be anticipated from construction-related activities, which may increase sedimentation and turbidity. Short-term impacts will be minimized by the implementation of NCDOT's Best Management Practices for Protection of Surface Waters, as applicable. Long-term impacts to water resources are not expected as a result of proposed improvements. BIOTIC RESOURCES Living systems described in the following sections include communities of associated plants and animals. These descriptions refer to the dominant flora and fauna in each community and the relationship of these biotic components. Scientific nomenclature and common names (when applicable) are used for the plant and animal species described. Subsequent references to the same species include the common name only. Terrestrial Communities The predominant terrestrial communities found in the project study area are man-dominated and mountain levee forest. Dominant faunal components associated with these terrestrial areas are discussed under the community description. Many species are adapted to the entire range of habitats found along the project alignment, but may not be mentioned separately in each community description. Man-Dominated Community This highly disturbed community includes the residential lawn in the southwest quadrant, and a paved RV park in the northwest quadrant (Figure 2). Many plant species are adapted to these disturbed and regularly maintained areas. The lawn is dominated by fescue (Festuca sp.), ryegrass (Lolium sp.), white clover (Trifolium repens), dandelion (Taraxacum officinale), wild onion (Allium canadense), and common plantain (Plantago rugelii). Around the perimeter of the lawn and the paved RV park, are a few sparse trees including American sycamore (Platanus occidentalis), river birch (Betula nigra), tulip poplar (Liriodendron tulipifera), green ash (Fraxinus pennsylvanica), and American beech (Fagus grandifolia), with dogwood (Comus florida) and ironwood (Carpinus caroliniana) in the understory. The animal species present in these disturbed habitats are opportunistic and capable of surviving on a variety of resources, including vegetation (flowers, leaves, fruits, and seeds) and living and dead faunal components. Although only a raccoon (Procyon lotor) and an American crow (Corvus brachyrhynchos) were observed during the site visit, the Virginia opossum (Didelphis virginiana), several species of mice (Peromyscus sp.), the Northern mockingbird (Mimus polygiottos), and the American robin (Turdus migratorius) are often attracted to these disturbed habitats. 7 Mountain Levee Forest Community This forested community occurs along the Swannanoa River in the northeast and southeast quadrant. The dominant canopy trees includes American sycamore, river birch, tulip poplar, American beech, mockernut hickory (Carya tomentosa), and black willow (Salix nigra). The understory consists of dogwood, ironwood, and mountain laurel (Kalmia latifolia). The shrub and herbaceous layers are sparse and include species such as blackberry (Rubus sp.), dog's hobble (Leucothoe fontanasiana) and common greenbrier (Smilax rotundifolia). Although not observed during the site visit, the animals previously listed may be found in this community along with the Gray squirrel (Sciurus carolinensis), mourning dove (Zenaida macroura), pileated woodpecker (Dryocopus pileatus), and blue jay (Cyanocitta cristata). Aquatic Communities The aquatic community in the project area exists within the Swannanoa River. Within the project area the Swannanoa River is approximately 32 m (105 ft) wide. On the day of the field investigation, the river was 0.2 to 0.6 m (0.5 to 2.0 ft) deep. The water was fast moving and turbid and the stream bottom was only visible in a few shallow areas. The bottom consists of a fine micaceous silt with some cobbles and boulders. The cobbles and boulders are covered with silt and algae probably from upstream sediment and nutrient runoff. Animals such as the belted kingfisher (Megaceryle alcyon), Northern water snake (Nerodia sipedon sipedon), bullfrog (Rana catesbeiana), and snapping turtle (Chelydra serpentina) may reside along the waters edge. Fishes such as catfish (Ictalurus spp.), sunfish (Lepomis spp.), and smallmouth bass (Micropterus dolomiew) likely inhabit the river. Due to the large size, depth, and silt laden conditions of this river, macroinvertebrates such as the mayfly (Ephemeroptera), stonefly (Plecoptera), and caddisfly (Trichoptera) larvae would be confined to the shallow rocky areas and snag habitats along the creek banks. The macroinvertebrate fauna within the channel may be dominated by chironomid larvae (midges) and oligochaetes (segmented worms). No macroinvertebrates were observed within the project area during the site investigation. Anticipated Impacts to Biotic Communities Biotic community impacts resulting from project construction are addressed separately as terrestrial impacts and aquatic impacts. Table 1 details the anticipated impacts to terrestrial and aquatic communities by habitat type. Impacts to terrestrial communities, particularly in locations exhibiting steep slopes, can result in the aquatic community receiving heavy sediment loads as a consequence of erosion. The NCDOTs Best Management Practices for Protection of Surface Waters, as applicable, will be implemented to ensure sediment does not leave the construction site. 8 TABLE 1 ANTICIPATED IMPACTS TO TERRESTRIAL and AQUATIC COMMUNITIES HECTARE (ACRE) Bridge No. 512 Man- Mountain Aquatic Combined Total Replacement Dominated Levee Community Impacts Community Community Alternative A 0.87 (2.15) 0.01 (0.03) 0.08 (0.19) 0.96 (2.37) (Recommended) Alternative B 0.83 (2.06) 0.10 (0.24) 0.08 (0.19) 1.01 (2.49) Impacts to Terrestrial Communities Of the two terrestrial communities in the project area, the man-dominated community will receive the greatest impact from construction, resulting in the loss of existing habitats and displacement and mortality of faunal species in residence. Impacts to Aquatic Communities The aquatic community in the study area exists within the Swannanoa River. The proposed bridge replacement will result in the disturbance of up to 0.08 hectare (0.19 acre) of stream bottom. This represents "worst case" conditions; actual disturbance may be less. The new replacement structure construction and approach work will likely increase sediment loads in the river in the short term. Impacts to the stream community are not confined to the 0.08 hectare (0.19 acre) impact zone. Construction related sedimentation can be harmful to local populations of invertebrates which are an important part of the aquatic food chain. Potential adverse effects will be minimized through the implementation of the NCDOT's Best Management Practices for Protection of Surface Waters, as applicable, and the use of erosion and sediment control measures as specked in the NCDOT Erosion and Sediment Control Guidelines for Contract Construction (January 1995). SPECIAL TOPICS Jurisdictional Issues 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 United States Army Corps of Engineers (USACOE). 9 Impacts to Wetlands and Surface Waters No wetlands will be impacted by the subject project as the Swannanoa River has well defined banks within the bridge replacement corridor. Investigation into wetland occurrence in the project area was conducted using methods of the 1987 Wetland Delineation Manual. Project construction cannot be accomplished without infringing on jurisdictional surface waters. Up to 0.08 hectare (0.19 acre) of jurisdictional surface water impacts may occur due to the proposed replacement of Bridge No. 512. Permits A Nationwide Permit No. 33 CFR 330.5(a)(23) is likely to be applicable for all impacts to Waters of the United States from the proposed project. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in whole, or part, by another Federal agency or department where: 1) that agency or department has determined the pursuant to the council on environmental quality regulation for implementing the procedural provisions of the National Environmental Policy Act; 2) that the activity, work, or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and; 3) that the office of the Chief of Engineers has been furnished notice to the agency's or department's application for the categorical exclusion and concurs with that determination. The NCWRC made several potential recommendations pertaining to the permit application for this project in an April 10, 1996 memorandum (see Appendix). Since the proposed project is located in a designated "Trout" county, the authorization of a Nationwide Permit by the COE is conditioned upon the concurrence of the NCWRC Foundation investigations will be required on this project. The investigation will include test borings in soil and/or rock for in-site testing as well as obtaining samples for laboratory testing. This may require test borings in streams. The NCDOT will apply for Nationwide Permit No. 6 authorization for this activity. Nationwide Permit No. 6 authorizes "survey activities including core sampling, seismic exploratory operations, and plugging of seismic shot holes and other exploratory-type bore holes". Mitigation Since this project will not impact jurisdictional wetlands, compensatory mitigation will not be required. However, mitigation requirements on projects covered by Nationwide permits are left up to the discretion of the USACOE. Rare and Protected Species Some populations of plants and animals are in the process of decline either due to natural forces or due to their inability to coexist with man. Rare and protected species listed for 10 Buncombe County, and any likely impacts to these species as a result of the proposed project construction, are discussed in the following sections. Federally Protected Species Plants and animals with federal classification 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 USFWS lists eleven federally protected species for Buncombe County as of August 23, 1996, (see Table 2). TABLE 2 FEDERALLY-PROTECTED SPECIES BUNCOMBE COUNTY Scientific Name Status (Common Name) Alasmidonta raveneliana E (Appalachian elktoe) Falco peregnnus E (Peregrine falcon) Felis concolor cougar E (Eastern cougar) Glaucomys sabrinus coloratus E (Carolina northern flying squirrel) Geum radiatum E (Spreading avens) Gymnoderma lineare E (Rock gnome lichen) Hybopsis monacha T* (Spotfin chub) Myotis grisescens E*** (Gray bat) Sagittaria fasciculata E* (Bunched arrowhead) Sarracenia jonesii E* (Mountain sweet pitcher-plant) Spiraea virginiana T (Virginia spiraea) NOTES Indicates no specimens have been found in this county for at least 20 years. '** Indicates an incidental/migrant record (the species was observed outside of its normal range or habitat.) T Denotes Threatened (a species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range) E Denotes Endangered (a species that is in danger of extinction throughout all or a significant portion of its range.) 11 The Appalachian elktoe is a small mussel with a maximum length reaching up to 8.0 cm (3.2 inches). Its shell is thin although the shell is not fragile nor subovate (kidney-shaped). The periostracum (outer shell) of the adult Appalachian elktoe is dark brown in color, while juvenile have a yellowish-brown color. Two known populations of the Appalachian elktoe exist in North Carolina; the Nolichucky River (including its tributaries of the Cane River and the North Toe River), and the Little Tennessee River and its tributaries. The Appalachian elktoe has been observed in gravelly substrates often mixed with cobble and boulders, in cracks of bedrock and in relatively silt-free, coarse sandy substrates. No habitat exists in the project study area for the Appalachian elktoe as it requires silt free substrates. It can be concluded that the subject project will not impact this Endangered species. BIOLOGICAL CONCLUSION: NO EFFECT The peregrine falcon is a bird of prey having long pointed wings, dark blue or slate barred underparts, pale bluish bills, yellow cere and feet, black top of head and cheeks contrasting with a white throat and sides of neck. The tail is long, narrow, blue-gray and rounded with narrow black bands and a broad subterminal bar is tipped white. Historically, the peregrine falcon was a cosmopolitan species ranging from Alaska and Greenland south through the Americas to Argentina. However, worldwide populations were reduced during the 1950's and 1960's due to the use of DDT. The peregrine falcon nests on cliffs, bluffs, talus slopes, pinnacles, and in the hollows of old trees or in old nests of eagles, hawks, and ravens. In winter, the peregrine falcon forages in coastal ponds and mudflats. No habitat exists in the project area for the peregrine falcon. Since no cliffs, bluffs, or tall buildings exist in the area for the falcon to use to nest, it can be concluded that the project will not impact this Endangered species. BIOLOGICAL CONCLUSION: NO EFFECT Cougars are tawny colored with the exception of the muzzle, the backs of the ears, and the tip of the tail, which are black. In North Carolina, the cougar is thought to occur in only a few scattered areas, possibly including coastal swamps and the southern Appalachian mountains. The eastern cougar is found in large remote wildemess areas where there is an abundance of their primary food source, white-tailed deer. A cougar will usually occupy a range of 40 kilometers (25 miles), and they are most active at night. No habitat exists in the project study area for the eastern cougar. It can be concluded that the subject project will not impact this Endangered species. BIOLOGICAL CONCLUSION: NO EFFECT 12 The Carolina northern flying squirrel has a large well furred flap of skin along either side of its body. This furred flap of skin is connected at the wrist in the front and at the ankle in the rear. The skin flaps and its broad flattened tail allow the northern flying squirrel to glide from tree to tree. It is solely nocturnal animal with large dark eyes. There are several isolated populations of the northern flying squirrel in the western part of North Carolina, along the Tennessee border. This squirrel is found at elevations above 1524 m (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 for nesting sites. No habitat exists in the project study area for the Carolina northern flying squirrel. Since the project area elevation is approximately 670 m (2200 ft), it can be concluded that the subject project will not impact this Endangered species. BIOLOGICAL CONCLUSION: NO EFFECT Spreading avens is a perennial herb having stems with an indefinite cyme of bright yellow radially symmetrical flowers. 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 section of the Southern Appalachian Mountains. Spreading avens occurs on scarps, bluffs, cliffs and escarpments on mountains, hills and ridges. Known populations of this plant has 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 and clay loam. Most populations are pioneers on rocky outcrops. No habitat exists in the project study area for the spreading avens. Since the project area elevation is approximately 670 m (2200 ft), it can be concluded that the subject project will not impact this Endangered species. BIOLOGICAL CONCLUSION: NO EFFECT The rock gnome lichen is a squamose lichen in the reindeer moss family. The lichen can be identified by its fruiting bodies which are born singly or in clusters, black in color, and are found at the tips of the squamules. The fruiting season of the rock gnome lichen occurs from July through September. The rock gnome lichen is a narrow endemic, restricted to areas of high humidity. These high humidity environments occur on high elevation (1220 m/ 4000 ft) mountaintops and cliff faces which are frequently bathed in fog or lower elevation (762 m/2500 ft) deep gorges in the Southern Appalachians. The rock gnome lichen primarily occurs on vertical rock faces where seepage water from forest soils above flows only at very wet times. The rock gnome lichen is almost always found growing with the moss Adreaea in these vertical intermittent seeps. The major threat of extinction to the rock gnome lichen relates directly to habitat alternation/loss of 13 high elevation coniferous forests. These coniferous forest usually lie adjacent to the habitat occupied by the rock gnome lichen. The high elevation habitat occurs in the counties of Ashe, Avery, Buncombe, Graham, Haywood, Mitchell, Swain, and Yancey. The lower elevation habitat of the rock gnome lichen can be found in the counties of Jackson, Rutherford and Transylvania. No habitat exists in the project study area for the rock gnome lichen. Since the project area elevation is approximately 670 m (2200 ft), it can be concluded that the subject project will not impact this Endangered species. BIOLOGICAL CONCLUSION: NO EFFECT The spotfin chub is a small species growing to a maximum size of 92 millimeters (0.36 inches) standard length. The body is elongate and the mouth is inferior. The scales are somewhat small in size and a distinctive large black spot is present in the caudal region. Juveniles and adult females are olive above with the sides silvery and the underparts white. Males have brilliant turquoise-royal blue coloring on the back, side of the head, and along the mid-lateral part of the body. The spotfin chub is restricted to the Tennessee River drainage and presently is only known in North Carolina in the Little Tennessee River. The spotfin chub inhabits moderate to large streams, 15 to 70 m (4.5 to 21 ft) average width, with a good current, clear water, and cool to warm temperatures. These streams have pools frequently alternating with riffles. The fish has been taken from a variety of substrates, although rarely , if ever, from significantly silted substrates. No habitat exists in project area for the spotfin chub as it requires clear, silt free waters. I t can be concluded that the subject project will not impact this Threatened species. BIOLOGICAL CONCLUSION: NO EFFECT The gray bat is the largest member of its genus in the eastern United States, weighing from 7 to 16 grams. Its forearm ranges from 40 to 46 millimeters (0.16 to 0.18 inches) in length. The uni-colored dorsal fur distinguishes this species from all other eastern bats. Also, the gray bat's wing membrane connects to the foot at the ankle instead of at the base of the first toe, as in other species of Myotis. Gray bat colonies are restricted entirely to caves or cave-like habitats. During the summer, the bats are highly selective for caves providing speck temperature and roost conditions. Usually these caves are all located within a kilometer of a river or reservoir. In winter, gray bats utilize only deep, vertical caves having a temperature of 6 to 11 degrees Centigrade (43 to 52 degree F). No habitat exists in the project area for the gray bat since no caves are within the project study area. It can be concluded that the subject project will not impact this Endangered species. BIOLOGICAL CONCLUSION: NO EFFECT 14 Bunched arrowhead is an immersed aquatic perennial herb. It has spatulate leaves that steam from the base of the plant. The erect flowering stalk has both male and female flowers on it, the male being above the female. Flowers of bunched arrowhead are present from April to June. The bunched arrowhead can be found in gently sloping bogs with a slow, continuous flow of cool, clean water, underlain by a clay layer. In these bogs water temperatures are variable, soil and water pHs are between 4.8 and 6.6, and water depths are constant. These plants occur naturally in shaded sites, but populations do occur in unshaded areas and have smaller, less vigorous plants. Soils are characterized as sandy loam below a muck layer ranging in depth from 25 to 60 cm (9.8 to 23.6 inches). No habitat exists in the project study area for the bunched arrowhead. Due to the swift flow and silt laden conditions in this portion of the Swannanoa River, it can be concluded that the subject project will not impact this Endangered species. BIOLOGICAL CONCLUSION: NO EFFECT Mountain sweet pitcher plant is an insectivorous rhizomatous, perennial herb. Leaves of this plant grow erect and in clusters. Each leaf is shaped like a hollow, trumpet shaped, almost tubular pitcher covered by a cordate hood. Pitchers are a waxy dully green color and reticulately veined with maroon-purple. The inside of the pitchers is retrorsely haired and usually partially filled with liquid and decaying insect parts. The maroon colored flowers are borne singly on erect scapes and have recurving sepals. Flowers are present during late May and fruits appear in August. The mountain sweet pitch-plant is found in bogs and streams in southwestern North Carolina and northwestern South Carolina. This habitat is characterized by deep, poorly drained wetlands with soils that are combinations of loam, sand, and sift, with a high organic content and medium to high acidic pH. Sites are intermittently exposed to flooding. This plant is an early successional plant that relies on drought, water fluctuation, periodic fire, and ice damage to maintain its habitat. No habitat exists in the project study area for the mountain sweet pitcher-plant since no wetlands exist within the project area. It can be concluded that the subject project will not impact this Endangered species. BIOLOGICAL CONCLUSION: NO EFFECT The Virginia spiraea has arching and upright stems that grow from 1.0 to 3.0 m (3 to 10 ft) tall. Virginia spiraea often grows in dense clumps, having alternate leaves which vary greatly in size, shape, and degree and serration. They are green above and usually somewhat glaucous below. The cream colored flowers are present from June to July and occur in branched, flattoped inflorenscences. Virginia spiraea is easily located during the late fall while herbaceous growth is minimal and the leaves are down. Virginia spiraea is found in a very narrow range of habitats in the mountains of North Carolina. Habitats for the plants consist of scoured banks of high gradient streams, on meander scrolls, point bars, natural levees, or braided features of lower reaches. The scour must be sufficient to 15 prevent canopy closure, but not extreme enough to completely remove small, woody species. The species occurs in the maximum floodplain, usually at the water's edge with various other disturbance-dependent species. It is most successful in area with full sunlight, but can survive in shaded areas until it is released from competition. No habitat exists in the project study area for the Virginia spiraea. It can be concluded that the subject project will not impact this Threatened species. BIOLOGICAL CONCLUSION: NO EFFECT Federal Species of Concern Federal Species of Concern (FSC) are not legally protected 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. Species designated as FSC are defined as taxa which may or may not be listed in the future. These species were formerly Candidate 2 (C2) species, or species under consideration for listing for which there is insufficient information to support listing. Table 3 includes FSC species listed for Buncombe County and their state classifications. TABLE 3 FEDERAL SPECIES OF CONCERN BUNCOMBE COUNTY Scientific Name North Carolina Habitat Present (Common Name) Status Myotis leibii SC No (Eastern small-footed myotis) Aimophila aestivalis SC No (Bachman's sparrow) Corynorhinus (=Plecotus) rafinesquii SC No (Rafinesque's big-eared bat) Sorex palustris punctulatus SC No (Southern water shrew) Neotoma floridana haematoreia SC No (Southern Appalachian woodrat) Dendroica cerulea SR Yes (Cerulean warbler) Clemmys muhlenbergii T No (Bog turtle) Cryptobranchus alleganiensis SC Yes (Hellbender) 16 TABLE 3 FEDERAL CANDIDATE SPECIES BUNCOMBE COUNTY (continued) Percina macrocephala SC No (Longhead darter) Polyodon spathula E No (Paddlefish) Cambarus rebumis SR Yes (French Broad crayfish) Thryomanes bewickii altus E No (Appalachian Bewick's wren) Speyeria diana SR No (Diana fritillary butterfly) Phycoides batesfi SR No (Tawny crescent butterfly) Juglans cinerea NL Yes (butternut) Calamagrostis cainii E No (Cain's reedgrass) Senecio millefolium T No (Divided-leaf ragwort) Saxifraga caroliniana C No (Carolina saxifrage) Abies fraseri NL No (Fraser fir) Hexastylis rhombiformis C Yes (French Broad heartleaf) Lilium grayi T-SC No (Gray's lily) Silene ovata C No (Mountain catchfly) 17 TABLE 3 FEDERAL CANDIDATE SPECIES BUNCOMBE COUNTY (continued) Hexastylis contracta E Yes (Mountain heartleaf) Buckleya distichophylla E No (Piratebush) Monotropsis odorata C Yes (Sweet pinesap) Lysimachia frased E No (Fraser's loosestrife) Rudbeckia thloba var pinnatoloba C Yes (Pinnate-lobed black-eyed susan) Euphorbia purpurea C No (Glade spurge) NOTES: C Denotes Candidate (species which are considered by the State as being rare and needing population monitoring). T Denotes Threatened (species which are afforded protection by state laws). E Denotes Endangered (species which are afforded protection by state laws). SC Denotes Special Concern (species which are afforded protection by state laws). SR Denotes Significantly Rare (species for which population monitoring and conservation action is recommended). NL denotes species whose status is not listed at this time. NCNHP database indicated one Federal species of concern, Appalachian bewick's wren (Thryomanes bewickii aitus), documented occurrence within the project vicinity. No individuals were observed at the time of the site visit. No impacts to protected species will result from any of the proposed project. 18 State Protected Species Plant and animal species which are listed as Endangered (E), Threatened (T), or. Special Concern (SC) by the NCNHP list of Rare Plant and Animal species are afforded limited state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. The NCNHP records indicate seventeen state-listed protected species for Buncombe County (see Table 4), that were not listed on the USFWS list of Federal protected species and federal species of concern (FSC). TABLE 4 STATE PROTECTED SPECIES FOR BUNCOMBE COUNTY Scientific Name Status Habitat (Common Name) Present Aegolius acadicus SC Yes (Northern saw-whet owl) Ambystoma talpoideum SC No (Mole salamander) Apalone spinifera spinifera SC No (Eastern spiny softshell) Coragyps atratus SC Yes (Black vulture) Hemidactylium scutatum SC No (Four-toed salamander) Necturus maculosus SC No (Mudpuppy) Parus atricapillus SC Yes (Black-capped chickadee) Percina burtoni E No (Blotchside darter) Plethodon dorsa/is SC No (Zigzag salamander) 19 TABLE 4 STATE PROTECTED SPECIES FOR BUNCOMBE COUNTY (continued) Regulus satrapa SC No (Golden-crowned kinglet) Sorex dispar SC No (Long-tailed shrew) Sorex hoyi winnemana Sc No (Southern pygmy shrew) Filipendu/a rubra E No (Queen-Of-The-Prairie) Hydrastis canadensis E/SC No (Goldenseal) Juncus trifidus E No (Highland rush) Pamassia grandifolia C/PT No (Large-leaved grass-of-parnassus) Senecio shweinitzianus E No (Schweinitz's ragwort) NOTES: E Denotes Endangered (a species that is threatened with extinction throughout all or a significant portion of its range) T Denotes Threatened (species which are afforded protection by state laws) C Denotes Candidate(species which are considered by the state as being rare and needing population monitoring) Sc Denotes Special Concern (species which are afforded protection by state laws.) PT Denotes Proposed Threatened(species which are proposed for official listing as threatened) Habitat is present in the project area for three state protected species. No individuals were observed at the time of the site visit. NCNHP database did not document any occurrences of state protected species within the project vicinity. 20 IX. CULTURAL RESOURCES This project is subject to compliance with Section 106 of the National Historical Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. Section 106 requires that for federally funded, licensed, or permitted projects having an effect on properties listed in or eligible for the National Register of Historic Places, the Advisory Council on Historic Preservation be given the opportunity to comment. In a Concurrence Form, dated April 11, 1996, the State Historic Preservation Officer (SHPO) concurred that there are no historic architectural resources either listed in or eligible for listing in the National Register of Historic Places located in the project's area of potential effect. A copy of the concurrence form is included in the Appendix. The SHPO, in a memorandum dated April 4, 1996, requested a comprehensive survey be conducted for any alternative on new alignment. A copy of the SHPO memorandum is included in the Appendix. An archaeological survey of the proposed project will be conducted prior to right-of-way acquisition. A report of survey results will be transmitted by the FHWA to the SHPO for review. Further consultation will be conducted if necessary. X. ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact. Replacement of an inadequate bridge will result in safer traffic operations. The bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of current NCDOT standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulation. No significant change in land use is expected to result from construction of the project. No adverse impact on families or communities is anticipated. No relocates are expected with implementation of the proposed Alternate A. No adverse effect on public facilities or services is anticipated. The project is not expected to adversely affect social, economic, or religious opportunities in the area. There are no publicly owned parks, recreational facilities, or wildlife and waterfowl refuges of national, state, or local significance in the vicinity of the project. No geodetic survey markers will be impacted. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impacts to prime and important farmland soils by all land acquisition and construction projects. Prime and important farmland soils are defined by the U.S. Soil Conservation Service (SCS). The SCS was asked to determine whether the proposed project will impact farmland soils and to complete Form AD-1006, Farmland Conversion Impact Rating. Inasmuch as the SCS did not respond within the 45 days, in accordance with SCS Regulation (7 CFR 658.4(a)), the Farmland Protection Policy Act does not apply to this project. 21 This project is an air quality "neutral" project, so it is not required to be included the regional emission analysis (if applicable) and a project level CO analysis is not required. The project is located in Buncombe County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR Part 51 is not applicable because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. The traffic volumes will not increase or decrease because of this project. There are no receptors located in the immediate project area. The project's impact on noise and air quality will not be significant. Noise levels could increase during construction but will be temporary. If vegetation is disposed of by burning, all burning shall be done in accordance with applicable local laws and regulations of the North Carolina SIP air quality in compliance with 15 NCAC 2D.0520. This evaluation completes the assessment requirements for highway traffic noise (23 CFR Part 772) and for air quality (1990 CAAA and NEPA) and no additional reports are required. An examination of records at the North Carolina Department of Environment, Health and Natural Resources, Division of Environmental Management, Groundwater Section and the North Carolina Department of Human Resources, Solid Waste Management Section revealed no underground storage tanks or hazardous waste sites in the project area. Buncombe County is a participant in the National Flood Insurance Regular Program. The detailed 100 year floodplain in the project area is shown in Figure 4. The amount of floodplain area to be affected is not considered to be significant. On the basis of the above discussion, it is concluded that no significant adverse environmental effects will result from implementation of the project. The project is a Federal "Categorical Exclusion" due to its limited scope and lack of significant environmental consequences. 22 REFERENCES Burt, W.H. and R.P. Grossenheider. 1952. A Field Guide to Mammals. Houghton Mifflin Publishing, Boston, Massachusetts. Conant, R. 1958. A Field Guide to Reptiles and Amphibians of Eastern and Central North America. Houghton Mifflin Publishing, Boston, Massachusetts. Cowardin, L.M., V. Carter, F.C. Golet and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. Prepared for the U.S. Fish and Wildlife Service, United States Department of the Interior, Washington DC. Delorit, R.J. 1970. An Illustrated Taxonomy Manual of Weed Seeds. Agronomy Publications, River Falls, Wisconsin. Environmental Laboratory. 1987. U.S. Army Corps of Engineers. Wetlands Delineation Manual, Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Farrand, J., Jr. 1993. Audubon Society Guide to Animal Tracks of North America. Chanticleer Press, New York, New York. North Carolina Natural Heritage Program. Feb. 1996. List of Rare Species of North Carolina. North Carolina Natural Heritage Program, Raleigh, North Carolina. Newcomb, L. 1977. Newcomb's Wildflower Guide. Little, Brown and Company, Boston, Massachusetts. North Carolina Department of Environment, Health, and Natural Resources. 1993. Classifications and Water Quality Standards Assigned to The Waters of the New River Basin. Division of Environmental Management, Raleigh, North Carolina. Preston, R.J. and V.G. Wright. Identification of Southeastern Trees in Winter. North Carolina Cooperative Extension Service, Raleigh, North Carolina. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, North Carolina. Robbins, C.S., B. Bruun and H.S. Zim. 1966. A Guide to Field Identification of Birds of North America. Western Publishing, Racine, Wisconsin. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina Third Approximation. North Carolina Natural Heritage Program, Raleigh, North Carolina. United States Department of Agriculture, Natural Resources Conservation Service. 1981. General Soil Map Buncombe County, North Carolina. 23 United States Fish and Wildlife Service. 1992 (updated 1996). Endangered and Threatened Species of the Southeastern United States (The Red Book). U.S. Fish and Wildlife Service ' Southeastern Region, Atlanta, Georgia. United States Fish and Wildlife Service. August 23, 1996. List of Endangered and Threatened Species of North Carolina. U.S. Fish and Wildlife Service Southeastern Region, Atlanta, Georgia. United States Fish and Wildlife Service. 1995. National Wetlands Inventory Map. Oteen quadrangle. United States Geological Survey. 1990. Topographic map - Oteen quadrangle. Wherry, E.T. 1995. The Fern Guide to Northeastern and Midland United States and, adjacent Canada. Dover Publications, New York. Whitaker, J.O., Jr. 1980. The Audubon Society Field Guide to North American Mammals. Alfred Knopf Publishing, New York, New York. 24 % ? r .-.? ?. ,,..?.,,,. /s Y? S .. ? ? ? .,...i,...s ?f ? ? ? .spy?- t , ? ?, WOWS -I?ON mod. ,:„5.? •, ?? ?' {? /.)' ..,. y'? ^ t ?/ ....,. 03 1.4 Mll' ?,.... 3 GIs ?. 'k t i .yJa?s & pfd 1 . a ® 00 pl ®z ?., eta" ?• ® ?'. .. N(=) W C COZ e. \ O 4 i 00 C) m Z n ® l CT1 - PWXW (D W Mmm CO)? iV f!?®?O GOci; (D Z Z ` j? FY a FV ? D C: 0 W CA ®W 3 ? W c -n ® X , c ON- m BUNCOMBE COUNTY BRIDGE NO. 512 B-2931 LOOKING NORTHEAST LOOKING SOUTHWEST LOOKING NORTHWEST DOWNSTREAM FIGURE 3A BUNCOMBE COUNTY BRIDGE NO. 512 B-2931 SR 2435 NORTHEAST APPROACH INTERSECTION OF SR 2435 AND SR 2436 FIGURE 3B BUNCOMBE COUNTY B-2931 12? 59 ZONE A. , -ZONE B 1 ZONE a, i 1z)" , RM81? r-- ,? a X 181 co co X. ,2/35 co W -1178i - :::? 100 YEAR FLOOD ZONE OLD U 27 '7 2180 \ HIGHWAY ? ? ?? 70 M 15.0 - 2179 S'varlnanoa 10 BRIDGE 512 Hwy 'II RAILWAY 77 1103 \ I „fir ? ZONE B V? 2189 - ?' o0 S l{ . R l l `r ZONE B SCALE 1:12000 0 500 1000 meters FIGURE 4 TIP # '!7 - 24??11 North Carolina Department of Transportation (NCDOT) Federal Highway Administration (FHwA) North Carolina State Historic Preservation Office (SHPO) Other CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Brief Project Description V-SPt,Atl Wnpp _E Q.-. r71-Z, oil 4f- 2A3? 2N-er_ ?iwrtuN.>?eA. P-?vr? ? &g4oy-e, C-a6 e On AkPttL, it 1111, , representatives of the reviewed the subject project at A scoping meeting ? Historic architectural resources photograph review session/consultation Other All parties present agreed there are no properties over fifty years old within the project's area of potential effect. ? there are no properties less than fifty years old which are considered to meet Criterion Consideration G within the project's area of potential effect. ? there are properties over fifty years old (list attached) within the project's area of potential effect, but based on the historical information available and the photographs of each property, properties identified as ?9*?Cy-nES 1* 2 ^_J ¢, *,-4o ikAoc-e ?J.- SiZ- are considered not eligible for the National Resister and no further evaluation of them is necessary. there are no National Register-listed properties within the project's area of potential effect. Signed: 4/11 /-1(0 w,K,/for the Divi Federal Aid # ?KL- 2A17;? ( I Date or other Federal Agency Y?Y¢e?..-Cr ?x,2 I S ?(? ate State Historic Preservation If a survey report is prepared, a final copy of this form and the attached list will be included. County rJ cc nn s c y ;. y . z 55i I' North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McC3in, Secretary April 4, 1996 MEMORANDUM TO: H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highwa s Department of Transp rtati?on., FROM: David Brook Deputy State Historic Preservation Officer SUBJECT: Group IX Bridge Replacement Projects Bridge 512 on SR 2435 over Swannanoa River, B- 2931, Buncombe County, ER 96-8517 Division of Archives and History Jeffrey J. Crow, Director G?I vEo ,? ?qq6 aQ? 1 N OS ti -r; Thank you for your letter of March 11, 1996, concerning the above project. We have conducted a search of our maps and files and have located the following structure of historical or architectural importance within the general area of this project: Bridge 512 was constructed in 1920. We recommend that an architectural historian on your staff identify and evaluate any structures over fifty years of age within the project area, and report the findings to us. There are no known recorded archaeological sites within the project boundaries. However, the project area has never been systematically surveyed to determine the location or significance of archaeological resources. We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify the presence and significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources should be assessed prior to the initiation of construction activities. The survey is necessary only if a new alignment is selected. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. 109 East Jones Street • Raleigh, North Carolina 27601-2807 g?3 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: N. Graf B. Church T. Padgett uncombe County Public Schools Transportation Department 74 Washington Avenue Asheville, North Carolina 28804 Phone: (704) 252-3687 -Fax: (704) 252-8637 April 3, 1996 Mr. H. Franklin Vick, P. E. Manager, Planning and Environmental Branch North rarolin? nP_nartment of Transportat;nn P. 0. Box 25201 Raleigh. NC 27611-5201 RE: Replacement of Bridge Number 512 on SR 2435 over the Swannanoa River in Buncombe County Dear Mr. Vick: ?CE? F10 APR n U Q 1996 G? D/vlS,Cv H/GNyv? OF F^P Fy,, I?Olv; F Q I am writing in response to your request concerning the number of school buses that cross bridge number 512 in Buncombe County. Fifteen school buses currently cross this bridge twice daily: however, these buses can be rerouted across bridge number 190 at the Swannanoa traffic light. We will need the assistance of the North Carolina Department of Transportation (NCDOT) in one area before the bridge is closed. There are at least five elementary school children who live on the southwest side of the bridge on Wray Avenue, and between the bridge and U.S. 70. A school bus turnaround point will need to be established on the southwest side of the bridge or a safe walk zone provided: so transportation services can be furnished to the elementary children who live in this area while the bridge is under construction. Please notify our department at the address above, when a date has been set for the beginning of this project. This will allow us sufficient time to establish new bus routes with the schools that are affected, and the opportunity to work with the NCDOT to meet the needs of those students who live on the southwest side of the bridge. If you need further information, please contact me at the address or telephone number listed above. Sincerely. Harold F. Laflin Director of Transportation RELOCATION REPORT E.I.S. F ]CORRIDOR DESIGN North Carolina Dep?ent of Transportation RELOCATION OFFICE `r f' ; 0V! PR JECT: COUNTY ( mate of +' Alternate I D NO : - YJ F. ROJE . . . DESCRIPTIO OF PROJECT: a!-1- .4 MR, 9 ESTIMATED DIOLACEES .......... ......... .................. ..:................. .......... ..::...:.... INCOME LEVEL ................................................... .............. Type of Dis lacees Owners Tenants Total Minorities 0-15M 15-25M 25-35M 35-50M 50 UP Individuals ..?- -- - '-- ?- '- Families i Businesses VALUE OF D WELLING : DSS DWELLING AvAA ABLE Farms --- -- Owners Tenants For Sale For Rent Non-Profit r- 0-20M so-ISO 0-20M .? $0-150 ANSWER ALL UESTIONS : ......... 20-40M 150-250 20-40M ,?- _ 150-2$0 _ Yea No Explain all "IES" answers. 40-70M . 250-400 40-70M 250-400 W Will special relocation services be necessary? 1 70-IOOM / 400-60 70-IOOM ?- 400-66 . -? 0 Will schools or churches be affected by 2 100 UP 600 up 100 UP 60 IIP . displacement? TOTAL / ' Will business services still be available after 3 REmARics iris ondb ivumber . project? ?? '?" i S a u 4. Will any business be displaced? If so, indicate size, type, estimated number of employees, minorities, etc. / /O /`I C /7' -e //?? 5. Will relocation cause a housing shortage? 1? I ?6t /Gt'/Q P 6. Source for available housing (list). ?? 7. Will additional housing programs be needed? / 8. Should Last Resort Housing be considered? Pf SS A OY J4 C d/9K e 9. Are there large, disabled, elderly, etc. families? J?'/ 57? ?< 40V . 10. Will public housing be needed for project? 11. Is public housing available? P 12. Is it felt there will be adequate DSS housing available during relocation period? e oJ,%AiN N /1/. 6 A/ 13. Will there be a problem of housing within financial means? O?e ?tvNAJr4 S ? • 4-e . , 4w ' N 41 e G i 14. Are suitable business sites available (list source). ?1 g A „r /1 Q f P Y 19#7e 1#7e A` i tyn 15. Number of months estimated to complete l?,?A""? p „ ? `?' ? relocation? /yam p l a?t / •? - /l // / oo C ' ??"" A Pa2S ?n 10,( e- lb? ltAS A GU ?? ??' ? f?1 IRS ?'1 ? J?l I? ZZ ?. Relocation ent ate ' Approved b Date Rmte Relnesdion Agent Form 154 Reused 5190 F unginai & 1 Copy: ------ --- 2 Copy Area Relocation Office 11 RELOCATION REPORT 11 E.I.S. CORRIDOR F-] DESIGN North Carolina Department of Transportation AREA RELOCATION OFFICE PR JECT: COUNTY Al mate of Alternate I. D. NO.: F. ROJE DESCRIPTIO F PROJECT: /? td I? S .:.... ....:..:.:..:.t...............:...............:.:... Nifin ,4 k'd I/ e12 ESTiMATFD DISPLACFES INCOME L>rVE1; Type of Dis lacees Owners Tenants Total Minorities 0-15M 15-25M 25-35M 35-50M 50 UP Individuals .`.?- --- -? -- ?'"- ?--- ?- Families - ?' - Businesses VALUE of ir Eti k4d WELl NO AVAII;ABLE b9i.15 Farms - Owners Tenants For Sale For Rent Non-Profit o-ZoM .? M ISO 0-20M .? so-ISO ..:.... ANSWER ALL UESTIONS :::..:::. 20 -IOM _ 150 250 M 20 10 150-250 Yes No EX lain all "1ES" ans'lVers. 40-70M .?- 250-400 40-70M r-- 250-400 1. Will special relocation services be necessary? 7o-100m 400-600 70-100M 400-600 2. Will schools or churches be affected by too uP 600 UP too up -? 600 trn displacement? TOTAL / 3. Will business services still be available after . .::: . .. .kimAxxs Ris and by. Number project? 4. Will any business be displaced? If so, indicate sve, type, estimated number of employees, minorities, etc. 5. Will relocation cause a housing shortage? ?j jQ 6. Source for available housing (list). (/ / v 7. Will additional housing programs be needed? 8. Should Last Resort Housing be considered? 9. Are there large, disabled, elderly, etc. families? 10 . Will public housing be needed for project? 11 . Is public housing available? 12 . Is it felt there will be adequate DSS housing available during relocation period? 13. Will there be a problem of housing within financial means? 14. Are suitable business sites available (list source). 15. Number of months estimated to complete relocation? Relocetton ent ate Approved b Date Atae Reject limn Axd Firm t51 P.rmed 5/90 Original a I Copy: - - - - 2 Copy Area Reloedion Office • 4'-, } .ti Apn 1 { 1996 Z ? Y, Dwrsiw OF (P? NIONvv/, `?'i\7Y?; HIV \ I' . North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: H. Franklin Vick, P.E., Manager Planning and Environmental Branch, NCDOT FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program DATE: April 10, 1996 SUBJECT: Comments on Group IX Bridge Replacements, Alleghany, Cleveland, McDowell, Buncombe, and Catawba Counties. This correspondence responds to a request by you for our review and comments regarding eleven proposed bridge replacements in western North Carolina. Biological field staff of the North Carolina Wildlife Resources Commission (WRC) have reviewed the information in your letter dated 11 March 1996 and have examined our records fish sampling data. Our comments on these projects are listed below. All species and common names follow "Common and Scientific Names of Fishes from the United States and Canada" by Robins et al. 1991 (American Fisheries Society Special Publication 20). Species listed in bold print are considered to be intolerant to stream degradation under the North Carolina Index of Biotic Integrity used by the North Carolina Division of Environmental Management to assess the biological integrity of streams. B-2803 - Alleghany County, Bridge No. 52 over Little River, Bridge No. 56 over Pine Swamp Creek Both the Little River and Pine Swamp Creek are designated Hatchery Supported Public Mountain Trout Waters (PMTW) in the project area. We recently provided you with a memorandum dated 12 July 1995 with our scoping comments on this project (see attached). B-2815 - Cleveland County, Bridge No. 35 on SR 1001 over Persimmon Creek No fish data are available for Persimmon Creek, nor have we identified any special concerns associated with this project. B-2816 - Cleveland County, Bridge No. 230 on SR 1908 over Buffalo Creek We have not identified any special concerns associated with this project. According to WRC district files, the following fish species were collected in Buffalo Creek in 1980: Group IX Page 2 April 10, 1996 Common Name rosyside dace bluehead chub greenfin shiner spottail shiner yellowfin shiner swallowtail shiner sandbar shiner creek chub striped jumprock redbreast sunfish bluegill Scientific Name Canostomus funduloides Nocomis leptocephalus Cyprinella chlorisdus Notropis hudsonius Notropis lutipinnis Notropis procne Notropis scephcus Semotilus atromaculatus Moxostoma rupiscartes Lepomis auritus Lepomis macrochirus Other species collected by Messer et al. of the WRC in 1964: gizzard shad Dorosoma cepe&wwm rainbow trout Oncorhynchus mykiss fieryblack shiner Cyprinella pyrrhomelas highback chub Notropis hypsinotus white sucker Catostomus commersoni redhorse Moxostoma sp. bullhead Ameiurus sp. pumpkinseed Lepomis gibbosus warmouth Lepomis gulosus largemouth bass Micropterus salmoides B-2847 - McDowell County, Bridge No. 65 on SR 1760 over Muddy Creek We have not identified any special concerns associated with this project. No fish sampling data is available for Muddy Creek, but we would expect the species assemblage to be similar to that of South Muddy Creek (see B-3002 below). B-2931- Buncombe County, Bridge No. 512 on SR 2435 over Swannanoa River The Swannanoa River is designated Hatchery Supported PMTW at the project site. The river also supports some wild trout. We would prefer that the existing bridge be replaced with another spanning structure. B-2940 - Catawba County, Bridge No. 82 on SR 1165 over Clark Creek We have not identified any special concerns associated with this project. Schneider of the North Carolina Division of Environmental Management (DEMO collected the following fish species in Clark Creek in 1993: Common Name Scientific Name bluehead chub Nocomis leptocephalus white sucker Catostomus commersoni flat bullhead Ameiurus platycephalus Group IX Page 3 April 10, 1996 redbreast sunfish Lepomis auritus pumpkinseed Lepomis gibbosus bluegill Lepomis macrochirus largemouth bass Micropterus salmoides B-2941- Catawba County, Bridge No. 94 on SR 1722 over McLin Creek We have not identified any special concerns associated with this project. Menhinick of the University of North Carolina at Charlotte collected the following species in 1991: Common Name Scientific Name common carp Cyprinus cwpio rosyside dace bluehead chub greenhead shiner creek chub white sucker silver (v-lip) redh striped jumprock channel catfish redbreast sunfish bluegill fantail darter tessellated darter Canostomus funduloides Nocomis leptocephalus Notropis chlorocephalus Semotilus atromaculatus Catostomus commersoni Drse Moxostoma anisurum Moxostoma rupiscartes Ictalurus punctatus Lepomis auritus Lepomis macrochirus Etheostoma. labellare Etheostoma olmstedi B-2998 - McDowell County, Bridge No. 41 on SR 1147 over Second Broad River We have not identified any special concerns associated with this project. Schneider of the DEM collected the following fish species in the Second Broad River in 1988: Common Name Scientific Name fieryblack shiner Cyprinella pyrrhomelas Santee chub Cyprinella zamema bluehead chub Nocomis leptocephalus highback chub Notropis hypsinotus greenfin shiner CyprineUa chloristius yellowfin shiner Notropis lutipinnis creek chub Semotilus atromaculatus white sucker Catostomus commersoni striped jumprock Moxostoma rupiscartes silver (v-lip) redhorse Moxostoma anisurum flat bullhead Ameiurus platycephalus margined madtom Noturus insignis rock bass Ambloplites rupesMs redbreast sunfish Lepomis auritus fantail darter Etheostomaflabellare Group IX Page 4 April 10, 1996 B-2999 - McDowell County, Bridge No. 317 on SR 1267 over Cove Creek We have not identified any special concerns associated with this project. The following fish data were collected by Messer et al. of the WRC in 1964: Common Name thicklip chub fieryblack shiner bluehead chub yellowfin shiner creek chub redhorse margined madtom redbreast sunfish bluegill smallmouth bass largemouth bass Piedmont darter seagreen darter Scientific Name Cyprinella labrosa Cyprinella pyrrhomelas Nocomis leptocephalus Notropis lutipinnis Semotilus atromaculatus Moxostoma sp. Noturus insignis Lepomis auritus Lepomis macrochirus Micropterus dolomieu Micropterus salmoides Percina crassa Etheostoma thalassinum B-3002 - McDowell County, Bridge No. 60 on SR 1764 over South Muddy Creek We have not identified any special concerns associated with this project. Schneider of the DEM collected the following fish species in South Muddy Creek in 1993: Common Name Scientific Name rosyside dace Chnostomus funduloides bluehead chub Nocomis leptocephalus greenhead shiner Notropis chlorocephalus striped jumprock Moxostoma rupiscartes margined madtom Noturus insignis redbreast sunfish Lepomis awltus bluegill Lepomis macrochirus fantail darter Etheostoma flabellare tessellated darter Etheostoma olmstedi Piedmont darter Percina crassa Other species collected by Louder (1963) include: central stoneroller Campostoma anomalum creek chub Semotilus atromacuk tus yellow perch Perca flavescens B-3140 - Cleveland County, Bridge No. 13 on NC 198 over Buffalo Creek We have not identified any special concerns associated with this project. Fish sampling data for Buffalo Creek are listed above under B-2816. Group IX Page 5 April 10, 1996 Although we do not have any special concerns regarding several of these bridge replacements, we recommend that the NCDOT incorporate the following measures into all bridge replacement projects to minimize impacts to aquatic organisms: 1) Erosion controls should be installed where soil is disturbed and maintained until project completion. 2) If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering water chemistry and causing a fish kill. 3) Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. 4) Multi-celled reinforced concrete box culverts should be designed so that all water flows through a single cell (or two if necessary) during low flow conditions. This could be accomplished by constructing a low sill on the upstream end of the other cells that will divert low flows to another cell. This will facilitate fish passage at low flows. 5) Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Thank you for the opportunity to review and comment during the early stages of these projects. If you have any questions regarding these comments, please contact me at 704/652-4257. cc: Ms. Katie Cirilis, Resource Southeast ? North Carolina Wildlife Resources 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-7 Charles R. Fullwood, Executive Director MEMORANDUM TO: H. Franklin Vick, P. E., Manager Planning and Environmental Branch N. C. Department of Transportation FROM: David Yow, District 9 Habitat Biologist Habitat Conservation Program DATE: August 29, 1995 AUG 3 J x995 Gr fit,. GHh'AYS < SUBJECT: Request for scoping comments, Bridge No. 512 on SR 2435 over the Swannanoa River, Buncombe County, North Carolina, TIP No. B-2931. This memorandum responds to your request for our concerns regarding impacts on fish and wildlife resources resulting from the subject project. The N. C. Wildlife Resources Commission (NCWRC) has reviewed the proposed project, and our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U. S. C. 661-667d). The proposed work involves replacement of an obsolete roadway bridge. We anticipate that a spanning structure will be required for the site, given the size of the existing bridge. The Swannanoa River is managed as Hatchery Supported Public Mountain Trout Waters in the project area, and the proposed work may impact habitat for trout. Construction impacts on other fisheries and wildlife resources will depend on the extent of disturbance in the stream bed and surrounding floodplain areas. Environmental documentation for this project should include description of any wetlands on the project site and surveys for any threatened or endangered species that may be affected by construction. Because Buncombe County is a "trout water county", the NCWRC anticipates review of the environmental document for this project when a 404 permit application is submitted to the Corps of Engineers. It is the policy of the NCWRC that impacts to wetlands be avoided. If wetland areas are identified during project planning, alternatives to avoid or minimise impacts on these areas should be examined during project design. Erosion and sedimentation control measures should be implemented and maintained on the project, and all concrete work B-2931 Memo Page 2 August 29, 1995 should occur in a dry work area. If possible, the project should be scheduled for construction between April and November to minimise impacts on fish reproduction in the river. Thank you for the opportunity to provide input in the early planning stages for this project. If I can further assist your office, please contact me at (704) 274-3646. cc: Micky Clemmons, District 9 Fisheries Biologist ?LJ;y SENT OF T o? tim United States Department of the Interior vi p ? a FISH AND WILDLIFE SERVICE gCH 33 ,se9 Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 March 26, 1996 re4l E 1 V O Mr. H. Franklin Vick, P.E., Manager ?IGr+'1dr;Y v' Planning and Environmental Branch North Carolina Department of Transportation ?V'?IROi?'? P.O. Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: Subject: Proposed replacement of several bridges in Alleghany, Buncombe, Catawba. Cleveland. and McDowell Counties, North Carolina 4 copy of your letter of March 11, 1996, to the U.S. Fish and Wildlife Service's (Service) Raleigh Field Office was forwarded to our office (we received it on March 18. 19961). Our office handles project reviews and requests of this nature for the western part of the state, including the above-mentioned counties. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information provided in your letter, the following bridges will be replaced: Bridge Numbers 52 and 56 on SR 1172 over the '_ittle River (Alleghany County); Bridge Number 512 on SR 2435 over the Sbvannanoa River (Buncombe County): Bridge Number 82 on SR 1165 over Clark Creek (Catawba County): Bridge Number 94 on SR 1722 over McLin Creek (Catawba. County): Bridge Number 35 on SR 1001 over Persimmon Creek (Cleveland County); Bridge Number 230 on SR 1908 over Buffalo Creek (Cleveland County); Bridge Number 13 on NC 198 over Buffalo Creek (Cleveland County); Bridge Number 65 on SR 1760 over Muddy Creek (McDowell County): Bridge Number 41 on SR 1147 over the Second Broad River (McDowell County): Bridge Number 317 on SR 1267 over Cove Creek; and Bridge Number 60 on SR 1764 over South Muddy Creek. The Service is particularly concerned about: (1) the potential impacts the proposed bridge replacement projects could have on federally listed species and on Federal species of concern and (2) the potential impacts to stream and wetland ecosystems within the project areas. we have reviewed our files and believe the environmental document should evaluate possible impacts to the following federally listed species and/or Federal species of concern (these include aquatic animal species 2 known from a particular stream system for one of the proposed bridge projects and plant species that may occur along the banks of streams/rivers): Al1e4hany County Hellbender (Cryptobranchus alleganiensis) - Federal species of concern. This species generally is found beneath large flat stones or logs in shallow clear-running streams and rivers. It is presently known from at least one location in the Little River, 7 miles east of Sparta. Kanawha minnow (Phenocobius teretulus) - Federal species of concern. This species is endemic to large clear streams within the New River drainage of North Carolina, Virginia, and West Virginia. It is presently known from at least one location in the Little River, 0.5 mile downstream of the NC 18 bridge. Buncombe County Hellbender (Crvptobranchus alleganiensis) - Federal species of concern. There is a record of this species in the Swannanoa River near Black Mountain. Spotfin chub (Hybopsis monacha) - Federally threatened. A species endemic to the Tennessee River drainage. The Little Tennessee River presently supports the only extant population in North Carolina: however, there is a historical record from the Swannanoa River in Asheville. Appalachian elktoe (Alasmidonta raveneliana) - Federally endangered. This species is endemic to the upper Tennessee River. It generally occurs in the riffle areas of large rivers that have cobble and gravel substrates. There are only a few extant populations left in the Little Tennessee River. Toe River, Cane River, and Nolichucky River systems. There is a historical record from the Swannanoa River. French Broad crayfish (Cambarus reburrus) - Federal species of concern. This species is endemic to North Carolina and is known from the headwater portions of the French Broad River and one stream in the Savannah River drainage. It was once found in the Swannanoa River near Black Mountain. French Broad heartleaf (Hexastvlis rhombiformis) - Federal species of concern. This species is generally found in association with other acidophiles, such as ericaceacous shrubs, hemlock, rhododendron, and mountain Laurel. 3 Butternut (Juglans cinerea) - Federal species of concern. This species is generally found in cove forests and rich woods, including floodplain forests. Sweet pinesap (Monotropsis odorata) - Federal species of concern. This species is generally found in dry forests and on river bluffs. Virginia spiraea (Spiraea virginiana) - Federally threatened. This species occurs within the scour zone on the banks of high-gradient streams or on braided features such as point bars, natural levees, or meander scrolls of the lower reaches.of streams. It may occur within the floodplain, but it is most often found at the water's edge. There is a historical record of this species along Hominy Creek near Asheville. Catawba County Dwarf-flowered heartleaf (Hexastvlis naniflora) - Federally threatened. This species has been found along several creeks in the county, including Brushy Creek. Sandy Run, and Poundingmill Creek. Cleveland County Dwarf-flowered heartleaf (Hexastvlis naniflora) - Federally threatened. This species has been found along several tributaries to the Henry Fork River. McDowell County Bennett's Mill Cave water slater (Caecidotea carolinensis) - Federal species of concern. This species is presently known from one locality in North Carolina at a cave located on the banks of Muddy Creek east of Marion. Butternut (Juglans cinerea) - Federal species of concern. This species is generally found in cove forests and rich woods, including floodplain forests. Sweet pinesap (Monotropsis odorata) - Federal species of concern. This species is generally found in dry forests and on river bluffs. There is one known population located along the banks of South Muddy Creek in the headwaters area. Northern oconee-bells (Shortia galacifolia var. brevistvla) - Federal species of concern. This species grows in various habitats, from rocks near water falls, in sand at the edge of running water, in shady deep moist loam soils, and on dry hillsides. It favors cool, damp, shady stream banks with fertile, moderately acid, soils. 4 The presence or absence of the above-mentioned species in the project impact areas should be addressed in any environmental document prepared for these projects. Please note that the legal responsibilities of a Federal agency or their designated non-Federal representative with regard to federally listed endangered and threatened species under Section 7 of the Act are on file with the Federal Highway Administration. Also, please note that Federal species of concern are not legally protected under the Act and are not subject to any of its provisions, including Section 7, unless they are formally proposed or listed as endangered or threatened. We are including these species in our response in order to give you advance notification and to request your assistance in protecting them. Additionally, the Service believes the environmental document(s) for the proposed projects should address the following issues: (1) an evaluation of the various bridge replacement alternatives and structures (e.g., replacement at the existing location versus upstream or downstream of the existing structure), (2) any special measures proposed to minimize sedimentation during construction; and (3) any measures that will be implemented to minimize impacts to fish and wildlife habitat (e.g., protecting riparian vegetation whenever possible). We appreciate the opportunity to provide these scoping comments and request that you keep us informed of the progress of these projects. In any future correspondence concerning this project, please reference our Log Number 4-2-96-057. V*ely, Brian P. Cole Field Supervisor State of North Carolina Department of Environment, Health and Natural Resources T4A • A,J Division of Environmental Management James B. Hunt, Governor p E H N F 1 Jonathan B, Howes, Secretary A. Preston Howard, Jr., P.E., Director April 19, 1996 MEMORANDUM To: Jim Buck From: Eric Galamb4 Subject: Water Quality Checklist for Group IX Bridge Replacement Projects The Water Quality Section of the Division of Environmental Management requests that DOT consider the following generic environmental commitments for bridge replacements: A. DEM requests that DOT strictly adhere to North Carolina regulations entitled, "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction for this project in the area that drains to streams having WS (water supply), ORW (outstanding resource water), HQW (high quality water), B (body contact), SA (shellfish water) or Tr (trout water) classifications to protect existing uses. B. DEM requests that bridges be replaced in existing location with road closure. If an on-site detour or road realignment is necessary, the approach fills should be removed to pre-construction contour and revegetated with native tree species at 320 stems per acre. C. DEM requests that weep holes not be installed in the replacement bridges in order to prevent sediment and other pollutants from entering the body of water. If this is not completely possible, weep holes should not be installed directly over water. D. Wetland impacts should be avoided (including sediment and erosion control structures/measures). If this is not possible, alternatives that minimize wetland impacts should be chosen. Mitigation for unavoidable impacts may be required. E. Borrow/waste areas should avoid wetlands. It is likely that compensatory mitigation will be required if wetlands are impacted by waste or borrow. Please be aware that 401 Certification may be denied if wetland or water impacts have not been avoided and minimized to the maximum extent practicable. cc: Monica Swihart Melba McGee bridges.sco P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENTION OF May 14, 1996 Special Studies and Flood Plain Services Section Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch North Carolina Division of Highways Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: AfAY 17 1995 Gt'v?giC,?? r`.I ?,GH?'RYS P , ,\ ?AU,?Cn(T J D 50° o. This is in response to your letter of March 11, 1996 subject: "Request for Comments for Group IX Bridge Replace Projects." The bridge replacement projects are located in various Western North Carolina counties. Our comments are enclosed. We appreciate the opportunity to comment on these projects. If we can be of further assistance, please contact us. Sincerely, ?EE.-,Shuford, Jr., P.E. Acting Chief, Engineering and Planning Division Enclosure Copies Furnished (with enclosure and incoming correspondence): Mr. Nicholas L. Graf Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, North Carolina 27601-1442 Mr. David Cox North Carolina Wildlife Resources Commission Post Office Box 118 Northside, North Carolina 27564-0118 -2- Copies Furnished (with enclosure and incoming correspondence): continued Ms. Barbara Miller Chief, Flood Risk Reduction Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, Tennessee 37902-1499 Mr. Jamie James (CEORN-EP-H-M) U.S. Army Engineer District, Nashville Post Office Box 1070 Nashville, Tennessee 37202-1070 Mr. Larry Workman (CEORH-PD-S) U.S. Army Engineer District, Huntington 502 Eighth Street Huntington, West Virginia 25701-2070 May 13, 1996 Page 1 of 4 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Request for Comments for Group IX Bridge Replace Projects" in various Western North Carolina counties 1. FLOOD PLAINS: POC - Bobby L. Willis, Special Studies and Flood Plain Services Section, at (910) 251-4728 All of the bridges, except for Alleghany and Buncombe Counties, are within the planning jurisdiction of the U.S. Army Corps of Engineers (USACE), Wilmington District. With the exception of Alleghany and Cleveland Counties, these bridges are located within counties which participate in the National Flood Insurance Program (NFIP). Alleghany County has flood hazard areas identified on Flood Hazard Boundary Maps, but has not had detailed mapping done and does not participate in the program. Cleveland County has mapping done on Flood Insurance Rate Maps (FIRMs) in anticipation of future participation in the NFIP, but does not currently participate in the program. From the various FIRMs, it appears that both approximate study and detail study streams are involved. (Detail study streams are those with 100-year flood elevations determined and a floodway defined.) A summary of flood plain information pertaining to these bridges is contained in the following table. The FIRMs are from the county flood insurance study unless otherwise noted. Bridge Route Study Date Of No No. County Stream Type Firm . 52/56 SR 1172 Alleghany Little River Approx 7/77 35 SR 1001 Cleveland Persimmon Ck.** Detail 7/91 *** 230 SR 1908 Cleveland Buffalo Ck. Approx 7/91 *** 65 SR 1760 McDowell N. Muddy Ck. Approx 7/88 512 SR 2435 Buncombe Swannanoa R. Detail 8/80 82 SR 1165 Catawba Clarks Ck. Detail 8/94 94 SR 1722 Catawba McLin Ck. Detail 9/80 41 SR 1147 McDowell Second Broad R. Approx 7/88 317 SR 1267 McDowell Cove Ck. Approx 7/88 60 SR 1764 McDowell S. Muddy Ck. Approx 7/88 13 NC 198 Cleveland Buffalo Ck. Detail 7/91 *?* * County is not a participant in NFIP. Map is a Flood Hazard Boundary Map. Stream is shown as Muddy Fork on the FIRM. "*"` County is not a participant in NFIP. May 13, 1996 Page 2 of 4 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Request for Comments for Group X Bridge Replace Projects" in various Western North Carolina counties 1. FLOOD PLAINS: (Continued) Enclosed, for your information on the detail study streams, is a copy of the Federal Emergency Management Agency's "Procedures for 'No Rise' Certification for Proposed Developments in Regulatory Floodways". In addition, we suggest coordination with the respective counties or communities for compliance with their flood plain ordinances and any changes, if required, to their flood insurance maps and reports. Buncombe County is within the planning jurisdiction of the USACE, Nashville District, and the Tennessee Valley Authority (TVA) with respect to any construction or development involving the flood plains. The Nashville District does not currently have projects that would be affected by this proposed project. Mr. Jamie James may be contacted at (615) 736-5948 for further information and comments from the Nashville District. Flood plain concerns are normally addressed within the TVA Section 26a permitting process. A 26a permit is required for all construction or development involving streams or flood plains in the Tennessee River drainage basin. Mr. Roger Milstead at (615) 632-6115 should be contacted for information on the TVA 26a permitting process. The project should be designed to meet the requirements of the National Flood Insurance Program (NFIP), administered by the Federal Emergency Management Agency (FEMA), and be in compliance with all local ordinances. The engineering point of contact for the NFIP in this FEMA region is Ms. Bel Marquez, who may be reached at (404) 853-4436. Specific questions pertaining to community flood plain regulations or developments should be referred to the local building official. Alleghany County is within the planning jurisdiction of the USACE, Huntington District. The Huntington District does not currently have projects that would be affected by the proposed project. Mr. Larry Workman may be contacted at (304) 529-5644 for further information and comments from the Huntington District. 2. WATERS AND WETLANDS: POC - Raleigh and Asheville Field Offices, Regulatory Branch (Individual POC's are listed following the comments.) All work restricted to existing high ground will not require prior Federal permit authorization. However, Department of the Army permit authorization pursuant to Section 404 of the Clean Water Act of 1977, as amended, will be required for the discharge of excavated or fill material in waters of the United States or any adjacent and/or isolated wetlands in conjunction with your proposed bridge replacements, including disposal of construction debris. May 13, 1996 Page 3 of 4 U .S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Request for Comments for Group IX Bridge Replace Projects" in various Western North Carolina counties 2. WATERS AND WETLANDS: (Continued) The replacement of these bridges may be eligible for nationwide permit authorization [33 CFR 330.5(a)(23)] as a Categorical Exclusion, depending upon the amount of jurisdictional wetlands to be impacted by a project and the construction techniques utilized. Please be reminded that prior to utilization of nationwide permits within any of the 25 designated mountain trout counties, you must obtain a letter with recommendation(s) from the North Carolina Wildlife Resources Commission and a letter of concurrence from the U.S. Army Corps of Engineers, Wilmington District Engineer. The mountain trout designation carries discretionary authority for the utilization of nationwide permits. In addition, any jurisdictional impacts associated with temporary access roads or detours, cofferdams, or other dewatering structures should be addressed in the Categorical Exclusion documentation in order to be authorized by Nationwide Permit No. 23 (NWP 23). If such information is not contained within the Categorical Exclusion documentation, then other DA permits may be required prior to construction activities. Although these projects may qualify for NWP 23 as a categorical exclusion, the project planning report should contain sufficient information to document that the proposed activity does not have more than a minimal individual or cumulative impact on the aquatic environment. Accordingly, we offer the following comments and recommendations to be addressed in the planning report: a. The report should contain the amount of permanent and temporary impacts to waters and wetlands as well as a description of the type of habitat that will be affected. b. Off-site detours are always preferable to on-site (temporary) detours in . wetlands. If an on-site detour is the recommended action, justification should be provided. c. Project commitments should include the removal of all temporary fills from waters and wetlands. In addition, if undercutting is necessary for temporary detours, the undercut material should be stockpiled to be used to restore the site. d. The report should address impacts to recreational navigation (if any) if a bridge span will be replaced with a box culvert. e. The report should address potential impacts to anadromous fish passage if a bridge span will be replaced with culverts. May 13, 1996 Page 4 of 4 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT. COMMENTS ON: "Request for Comments for Group IX Bridge Replace Projects" in various Western North Carolina counties 2. WATERS AND WETLANDS: (Continued) At this point in time, construction plans were not available for review. When final plans are complete, including the extent and location of any work within waters of the United States and wetlands, our Regulatory Branch would appreciate the opportunity to review those plans for a project-specific determination of DA permit requirements. For additional information, please contact the following individuals: Raleigh Field Office - John Thomas at (919) 876-8441, Extension 25, for Alleghany County Asheville Field Office - Steve Lund at (704) 271-4857 for Buncombe County . Steve Chapin at (704) 271-4014 for Cleveland, McDowell, and Catawba Counties U.S. ARMY CORPS OF ENGINEERS ®®'? 471 WILMINGTON DISTRICT Action Id. 200030548 County: Buncombe GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Prope% owner: North Carolina Department of Transportation ! y Address.: Project Development and Environmental Analysis Branch, Attn: William D. Gilmore, Manager, 1548 Mail service: Center, Raleigh, North Carolina 27699-1548 ?,Teieph ne No.: '(919) 733-7844 j ,,,Size,-and Location of project (water body, road name/number, town, etc.): Bridge No. 512 over the Swannanoa River on SR 2435 at Swannanoa, TIP No. B-2931 Description of Activity: Replace Bridge No. 512 with a new bridge at the same location. Construct a temporary rock causeway on the south side of the river and relocate an existing water line to the west of the new bridge. Traffic will be rerouted to existing secondary roads during construction. Total surface water impacts are 0.01 acres. SPECIAL CONDITION: All conditions of the attached North Carolina Wildlife Resources letter of February 14, 2000 are hereby incorporated as special conditions of this permit. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: 198200031 Regional General Permit Number. Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919)733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date May 17, 2000 Corps Regulatory Official Steven Lund Telephone No. (828) 271-4857 Expiration Date of Verification 12/31/2002 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. ` . - A. ^'io North Carolina Wildlife Resources Commissiong 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director February 14, 2000 ? i-Ai Mr. Steven Lund. NCDOT Coordinator ^e `? U.S. Army Corps of Engineers Regulatory Branch 151 Patton Avenue, Room 143 Asheville, North Carolina 28801-5006 SUBJECT: NCDOT Nationwide 404 Permit Application TIP No. B-2931~ ti Replace Bridge No. 512 on SR 2435 - Swannanoa River Buncombe County, North Carolina Dear Mr. Lund: The North Carolina Department of Transportation is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. I have reviewed the information provided by the applicant, and an onsite investigation was conducted on February 8, 2000, to assess potential construction impacts on wildlife and fisheries resources. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The applicant proposes to replace an obsolete roadway bridge over the Swannanoa River, which is managed by the NCWRC as Hatchery Supported trout water. The project may require the placement of temporary fill in the stream channel in order to construct the bridge bents and allow test boring equipment to access the streambed. The project will also require the placement of a 10-inch water line within the new road right-of-way and under the Swannanoa River. The NCWRC is concerned about potential project impacts to trout and other aquatic resources in this drainage; however, we do not object to the issuance of a 404 permit provided the following conditions are placed on the subject permit: 1. Adequate sedimentation and erosion control measures must be implemented prior to any ground- disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. 2. If test boring equipment needs to access the stream, care should be taken to quickly re-vegetate any stream bank areas disturbed by equipment accessing the streambed. Riparian vegetation should be preserved as much as possible. If trees and shrubs must be removed, they should be cut near ground level, leaving the stump and roots in the bank for stability and to possibly sprout. TIP No. B-2931 permit Page 2 February 14, 2000 3. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags, cofferdams, or other diversion structures should be used to minimize impacts to downstream aquatic. resources. Spoil materials and wastewater captured in the cofferdam should be pumped out and disposed of on upland sites. 4. Only clean, sediment-free rock should be used as temporary fill and should be removed without excessive disturbance of the natural stream bottom when construction is completed. 5. Under no circumstances should rock, sand, or other materials be dredged from the stream channel under authorization of this permit, except in the immediate vicinity of the utility line crossing, causeway, and pier construction. Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting adjacent landowners. 6. Grading and backfilling should be minimized, and tree and shrub growth should be retained if possible to ensure long term availability of shoreline cover for gamefish and wildlife. Backfill materials should be obtained from upland sites. 7. Adequate precautions must be taken to prevent direct contact between wet concrete and stream water. Uncured concrete affects water quality and is highly toxic to fish and other aquatic organisms. 8. Construction in the stream channel is prohibited during the trout spawning period of November 1 to April 15 in order to protect the egg and fly stages from sedimentation. 9. All mechanized equipment operated in or near surface waters should be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, or other materials. Thank you for the opportunity to review and comment on this project. Pending availability of field staff, the NCWRC may inspect the work site during or after construction. If there are any questions regarding these comments, please contact me at (828) 452-2546. Sincerely, Mark S. Davis Mountain Region Coordinator Habitat Conservation Program cc: Mr. William D. Gilmore, P.E., PD&EA Branch, NCDOT Mr. Shannon Simpson, PD&EA Branch, NCDOT DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Permit Number: 200030548 Permit Type: GP 31 Name of County: Buncombe Name of Permittee: NCDOT/SR2435/BR512/8.2843101/B-2931 Date of Issuance: May 17, 2000 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Attention: CESAW-RG-A 151 Patton Avenue, Room 143 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General Permit No. 198200031 Name of Permittee: General Public Effective Date: January 1, 1998 Expiration Date: December 31, 2002 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary of the Army by the District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 TO AUTHORIZE THE DISCHARGE OF DREDGED OR FILL MATERIAL IN WATERS OF THE UNITED STATES, INCLUDING WETLANDS, ASSOCIATED WITH THE CONSTRUCTION, MAINTENANCE AND REPAIR OF BRIDGES SPANNING NAVIGABLE WATERS AND WATERS OF THE UNITED STATES, INCLUDING COFFERDAMS,- ABUTMENTS, FOUNDATION SEALS, PIERS, APPROACH FILLS, DETOUR FILLS, BOX CULVERT INSTALLATION AND TEMPORARY CONSTRUCTION AND ACCESS FILLS, AS PART OF WORK CONDUCTED BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT) OF OTHER STATE, FEDERAL OR LOCAL GOVERNMENTAL ENTITY, IN THE STATE OF NORTH CAROLINA. 1. Special Conditions. a. Written confirmation that the proposed work complies with this g , eneral permit must be received from the Wilmington District Engineer prior to the commencement of any work. To enable this determination to be made, the permittee must furnish the Wilmington District Engineer the following information: (1) A map indicating the location of the work. (2) Plans of the proposed work (on 8-1/2-inch by 11-inch paper) showing all pertinent structures, elevations, dimensions and quantities of materials and locations of all structures and/or fill in wetlands or waterward of the normal/high water elevation contours. (3) A brief discussion of the affected wetlands, to include types or vegetation present. (4) Approximate commencement and completion dates. (5) Plans, including timetables and techniques, for construction, stabilization and removal of all temporary fills. (6) Names and addresses of adjoining property owners. b. In the case of fills of one acre or less, including permanent approach fills, detour fills and fills associated with culvert installation, the Corps of Engineers' Project Manager will determine, after appropriate onsite visits and review of plans, if the impact on wetlands is likely to be such as to require review by Federal and State agencies. If it is determined that impacts are minimal or can be made minimal by changes agreed to by the applicant, a letter of authorization to proceed will be provided. If it is determined that review by Federal and State agencies is necessary to fully evaluate impacts, copies of all plans and materials will be forwarded to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), the U.S. Environmental Protection Agency (EPA) and the North Carolina Department of Environment, Health and Natural Resources. These agencies will furnish comments to the Wilmington District Engineer within thirty (30) days. c. In cases of fills greater than one acre, copies of all plans and materials will be forwarded to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), the U.S. Environmental Protection Agency (EPA) and the North Carolina Department of Environment, Health and Natural Resources. These agencies will furnish comments to the Wilmington District Engineer in thirty (30) days. In cases of land disturbing activities comprising more than one acre, a Sedimentation/Erosion Control Plan will be filled with the North Carolina Division of Land Resources, Land Quality Section, thirty (30) days prior to commencing work. d. In the event that any Federal agency maintains an objection or any required State authorization is outstanding, no notice to proceed will be given until objections are resolved and State authorizations are issued. e. No work will proceed until after the applicant has received written notice to proceed from the Wilmington District Engineer. This notice may include additional conditions and/or restrictions. Copies of the notice to proceed will be furnished to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), the U.S. Environmental Protection Agency (EPA) and the North Carolina Department of Environment, Health and Natural Resources with a brief description of the work, including the area of wetlands affected and the quantity of fill material. f. Upon completion of any work authorized by this general permit, all temporary fills will be completely removed and the area reestablished as a wetland by restoring natural hydrology and native vegetation. Stream contours and riparian vegetation will be reestablished upon the removal of temporary culverts. In such instances, a restoration plan will be submitted to the Wilmington District Engineer for approval. Information in the restoration plan will be in accordance with special condition i. below. g. All fills, temporary and permanent, must be stabilized to prevent erosion of fill material into adjacent waters or wetlands. h. In cases where new, permanent fill is to be established and an older fill (approaches, causeways, etc.) is no longer top be maintained as a roadway, the older fill shall be removed and the area reestablished as a wetland. In such instances, a restoration plan will be submitted to the Wilmington District Engineer for approval. Information in the restoration plan will be in accordance with special condition i. below. i. Discharges of dredged or fill material into waters of the United States, including wetlands, must be minimized or avoided to the maximum extent practicable. In reviewing an activity, the Wilmington District Engineer will first determine whether the activity will result in more than minimal adverse environmental affects. For activities that are determined to have more than minimal impacts, compensatory mitigation will be required. To expedite the process, the applicant will provide a mitigation plan with the request for authorization. Creation and restoration proposals will include, but are not necessarily limited to, a description ofvork, a schedule of work and a monitoring plan, and they will be in accordance with currently approved Wilmington District and/or Corps-wide mitigation guidelines. Mitigation banking may, in some situations, be considered acceptable mitigation. j. Activities in any mountain trout waters must comply with all pH, temperature and turbidity criteria established for such waters by the North Carolina Wildlife Resources Commission (NCWRC) and/or the North Carolina Division of Water Quality (NCDWQ). Work that may result in the sedimentation of trout waters will generally be prohibited from November 1 to April 15, of any year, to avoid impacts on trout spawning. k. Before discharging dredged or fill material into waters of the United States, including wetlands, in the twenty-five (25) mountain counties of North Carolina that contain trout waters, the applicant will obtain a letter of approval from the North Carolina Wildlife Resources Commission (NCWRC) and furnish a copy of the letter to the Wilmington District Engineer. 3 The applicant should contact: North Carolina Wildlife Resources Commission Habitat Conservation Program Manager 512 North Salisbury Street Raleigh, North Carolina 27611 Telephone (919) 733-7638 The counties in which this condition applies are: Alleghany Ashe Avery Buncombe Burke Caldwell Cherokee Clay Graham Haywood Henderson Jackson Macon Madison McDowell Mitchell Polk Rutherford Stokes Surry Swain Transylvania Watauga Wilkes Yancey 1. This permit does not authorize the use of..culverts.in.areas designated as anadromous fish spawning areas by the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC). m. No activity may disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, n. This permit generally allows the permanent installation of culverts to 100 feet in length. For culverts longer than 100 feet, the proposed application will be closely evaluated to determine if unacceptable impacts on movement of aquatic organisms would result. In such cases, approval may not be provided. o. All culverts shall be installed with the bottom placed one (1) foot below the natural stream bottom and at the same slope as the natural bottom or an open-bottom culvert or spanning structure shall be used. p. All activities authorized by this general permit shall, to the extent practicable, be conducted "in the dry", with barriers installed between work areas and aquatic habitat to protect that habitat from cement or other pollutants. Water in the work area will be pumped to holding and settling ponds as practicable, and water will not be allowed to re-enter the water column until decanted. 4 q. Should all or part of a proposed development activity be located within an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management. Should an activity within or potentially affecting an AEC be proposed by a Federal agency, a consistency determination pursuant to 15 CFR 930 must be provided to the North Carolina Division of Coastal Management before the onset of the proposed activity. r. All work will comply with Water Quality Certification No. 3100, issued by the North Carolina Division of Water Quality (NCDWQ) on February 11, 1997. Proposed fill or substantial modification of waters or wetlands for this General Certification requires written concurrence from the North Carolina Division of Water Quality. 2. General Conditions. a. All activities authorized by this general permit that involve the discharge of dredged or fill material in waters of the United States will be consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pre-treatment standards and management practices established pursuant to the Clean Water Act (33 U.S.C. 1344) and applicable State and local law. If the proposed activity involves the discharge of dredged or fill material in waters of the United States, prior to the commencement of any work, the applicant will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. b. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of activities authorized by this general permit. c. A permittee, upon receipt of written notice from the Wilmington District Engineer of failure to comply with the terms or conditions of this general permit, will, within 60 days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, affect compliance with the terms and conditions or return the worksite to a pre-work condition. d. The permittee must make every reasonable effort to perform the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental values. e. The permittee must perform the work authorized herein in a manner so as to minimize any degradation of water quality. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout 5 waters, are not considered significant. f. The permittee will permit the Wilmington District Engineer or his representative to make periodic inspections at any time deemed necessary in order to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. g. This general permit does not convey any rights, either in real estate or material, or any exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. These may include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a Coastal Area Management Act (CAMA) Permit (N.C.G.S. 113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water Act. h. Authorization provided by this general permit may be either modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting on behalf of the Secretary of the Army, determines that such action would be in the best public interest. Unless subject to modification, suspension or revocation, the term of this general permit shall be five years. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the U.S. Government. i. This general permit does not authorize the interference with any existing or proposed Federal project and the permittee will not be entitled to compensation for damages or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. j. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and determines that an Environmental Impact Statement (EIS) must be prepared. k. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation or recreational values. Application of this exemption applies to: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by State and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and concerned in accordance with the Endangered Species Act (16 U.S.C. 1531). 1. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program which prohibits any development, including fill within a floodway that results in any increase in base flood elevations. in. At his discretion, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for processing an individual permit in accordance with 33 CFR 325 will be available. n. The permittee or the permittee's successors will maintain the authorized work in good condition and in conformance with the terms and conditions of the general permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Terry R. Youngbluth Colonel, Corps of Engineers District Engineer aSh A ?a? ?? vuw JAMES B. HUNT JR. GovERNoR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201, RALEIGH, N.C. 27611-5201 January 10, 2000 U.S. Army Corps of Engineers Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, NC 28801-5006 Attention: Mr. Steve Lund NCDOT Coordinator DAVID MXOY m' SECRETARY Subject: Buncombe County, SR 2435, replace Bridge No. 512 over Swannanoa River; Federal Aid Project No. BRZ-2435(1); State Project No. 8.2843101; TIP No. B-2931. Dear Sir: The permit application for the subject project, dated January 10, 2000, is missing the permit drawings for the water pipe and causeway associated with this project. These drawings are enclosed. Sorry for any inconvenience. If you have any questions or need any additional information; please contact Ms. Shannon Simpson at ext. 332. ?Sincerely, ' V' C` L? William D. Gilmore, Manager Project Development and Environmental Analyses WDG/sls Enclosure cc: Mr. David Franklin, COE, Wilmington Mr. John Dorney, Division of Water Quality Mr. William Rogers, P.E., Structure Design Mr. Calvin Legget, P.E., Program Development Mr. Debbie Barbour, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. Ray Arnold, P.E., Design Services Mr. Mark Davis, NCWRC Mr. W. D. Smart, Division 13 Engineer Mr. Roger Bryan, Division 13 Environmental Officer Mr. John Conforti, Project Development and Environmental Analysis s, ?*** 1, 1,00 t 00 t rd 7c? ? ' F_ - N. C. DEPT. OF TRANSPORTATION ?.Ys PROJECT: 8.28.13101 (B-2931) BRIDGE 512 ON SR 2-435 OVER THE SWANNANDA RIVER. NOVEMBER 1999 SH1:I;'1' I OF )-' r ?, DIVISION OF HIGHW I ,?? BL NC0.1BE COUNTY b C3 i? Ln c 0 O O +O NN o ego ?Q>o W O CnIl a2iYNp?''1 ?z W L6 Lu W Q: LU C) W ? N ? lCl O I o I O ? III ? ?? Ill / jll l? ??ll( I V \ A (I I U ? ?o l' I) z 1 I 113 ? ??? h 1(U ? cr- 1IW 11 \ _(I I o ? 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