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HomeMy WebLinkAbout20060823 Ver 1_Complete File_20060519C,,. +.,. ?r STATE OF NORTH CAROLINA 9y 0? ,, DEPARTMENT OF TRANSPORTATION NP'141" MICHAEL F. EAsLEY GOVERNOR May 12, 2006 U. S. Army Corps of Engineers Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 ATTENTION: Ms. Angie Pennock NCDOT Coordinator Dear Madam: LYNDO ni SECRETARY SUBJECT: Nationwide Permit 33 Application for the proposed replacement of Bridge No. 653 on SR 2804 over the Broad River and Bridge No. 654 on SR 2786 over Sand Branch Creek, in Buncombe County. Federal Aid Project No. BRZ-2804(1), State Project No. 82843501, TIP No. B-3119, WBS Element 32877.1.1, Division 13. Please find enclosed three copies of the Categorical Exclusion (CE) Document, as well as, the Pre-construction Notification Form, permit drawings, and '/2 size plans for the above referenced project completed by the North Carolina Department of Transportation (NCDOT). The agency proposes to replace Bridge No. 653 with a single span, 130-foot long steel plate girder bridge with concrete end bents on drill piers, with the south end of the bridge in the same location and the north end shifted approximately 130 feet to the west. Bridge No. 654 will be replaced on the existing alignment with a single span prefabricated arch structure (bottomless culvert) approximately 10.7 feet high and 39.6 feet long. Construction of Bridge No. 653 will require the installation of one temporary work pad on the north side of the stream at site 1, resulting in a total of 0.050 acre of temporary impacts to the Broad River. Bridge No. 653 will be replaced first, with traffic detoured using NC 9 and SR 2786. SR 2786 will be realigned for a distance of approximately 300 feet to the east and to the west of the intersection with SR 2804. Construction of the second bridge, Bridge No. 654 (site 2) will create 0.001 acre of temporary impacts to Sand Branch due to installation of an impervious dyke on the western corner of the bridge. Bridge No. 654 will be replaced after construction of the first bridge so that traffic can then be detoured to the new bridge. There are no jurisdictional wetlands within the project study area. There are no permanent impacts due to construction of either bridge. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 TELEPHONE: 919-715-1334 FAX: 919-715-5501 WEBSITE: WWW.NCDOT.ORG LOCATION: PARKER LINCOLN BUILDING 2728 CAPITAL BLVD. SUITE 240 RALEIGH NC 27604 Impacts to Waters of the United States General Descriotion The Broad River, Sand Branch Creek, and an unnamed tributary to the Broad River (UT1) are located in the Broad River Basin (sub-basin 03-08-01), and are approximately 75 feet wide, 15 feet wide, and 1.5 feet wide respectively, within the project study area. The North Carolina Division of Water Quality (NCDWQ) classifies the Broad River and Sand Branch Creek as Class "C Tr". As a result of this trout classification, land disturbance within a 25 foot buffer along the designated stream is prohibited. UT1 has not been classified by NCDWQ and therefore carries the same classification as its supporting stream, Sand Branch. In accordance with the North Carolina Wildlife Resource Commission (NCWRC) an in-water moratorium is being observed from November 1 - April 15 to protect natural trout propagation and stocked trout. Design Standards for Sensitive Watersheds will be adhered to during the design and construction of this project. There are no Water Supplies (WS-1 or WS-11) or Outstanding Resource Waters occurring within 1.0 mile of the project study area. The Broad River, UT1, and Sand Branch Creek are not designated as National Wild and Scenic Rivers or State Natural and Scenic Rivers. Permanent Impacts: There are no permanent impacts associated with this project. Temporary Impacts: There are 0.050 acre of temporary fill in surface water associated with site 1 of this project because of a temporary work pad. The work pad will be used to set the drill piers for the new bridge. There are 0.001 acre of temporary impacts associated with site 2 due to the construction and placement of a temporary impervious dyke on the western corner of the bridge. The work pad and impervious dyke will be removed once construction is complete. The stream banks will then be restored to their original condition. There are no utility impacts associated with this project. Bridge Demolition Bridge No. 653 is a single span structure 122 feet long and 12 feet wide. It was built in 1961 using two reinforced concrete abutments. The superstructure consists of an asphalt-wearing surface over a timber deck on a steel thru truss. The existing bents will be cut off at ground level to prevent damage to the stream. The bridge will be removed without dropping any components into Waters of the United States Bridge No. 654 was built in 1962 and is a single span pony truss bridge, 48 feet long and 14 feet wide. The superstructure consists of an asphalt-wearing surface over a timber deck on a steel truss, while the substructure is composed of two reinforced concrete abutments. The bridge and abutments will be removed without dropping any components into Waters of the United States. During demolition and construction, Best Management Practices for Bridge Demolition and Removal will be followed. Federally Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered, and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of March 8, 2006, the Fish and Wildlife Service (USFWS) lists thirteen federally protected species for Buncombe County (see table below). 2 Federally Protected Species for Buncombe Countv Common Name Scientific Name Suitable Habitat Status Biological Conclusion Bo Turtle Clemm s muhlenber 'i No T S/A N/A Carolina Northern Flying Squirrel Glaucomys sabrinus colorat No E No Effect Eastern cougar Felis concolor cou ar No E No Effect Gray bat M otis risescens No E No Effect S otfin chub C rinella monacha No T No Effect Appalachian elktoe Alasmidonta raveneliana No E No Effect Oyster mussel E ioblasma ca sae ormis No E No Effect Tan riffleshell Epioblasma florentina walkeri No E No Effect Bunched arrowhead Sagittaria fasiculata No E No Effect Mountain sweet pitcher plant Sarracenia jonesii No E No Effect Spreading avens Geum radiatum No E No Effect Virginia spiraea Spiraea virginiana Yes T No Effect Rock gnome lichen Gymnoderma lineane No E No Effect E-denotes Endangered, T-denotes Threatened, T(S/A)-denotes threatened due to similarity of appearance (no biological conclusion is required). Concurrence was received from USFWS on March 15, 2006 verifying that the Gray bat, Virginia spirea, and Tan riffleshell should have biological conclusions of No Effect. Bridges will be inspected prior to demolition to ensure that bats are not temporarily roosting on the bridges. Although habitat for Virginia spiraea does exist within the project area, a survey in July of 2004 revealed no species present. A re-survey will be conducted in June of 2006. Avoidance, Minimization, and Mitigation Avoidance and Minimization: Avoidance examines all appropriate and practicable possibilities of averting impacts to Waters of the United States. The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional stages; minimization measures were incorporated as part of the project design. The use of best management practices for construction should reduce impacts to plant communities. • The entire width of both streams is being spanned, therefore eliminating any permanent impacts. Demolition and construction of each bridge is being coordinated so that an off site detour can be utilized. Existing bents in the water are being cut off at ground level, rather than being removed, to prevent impacts to the streams. Miti ag tion: There is no mitigation required since there are no permanent impacts. Regulatory Approvals Section 404 Permit: All other aspects of this project are being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR § 771.115(b). The NCDOT requests that these activities be authorized by a Nationwide Permit 33. Section 401 Permit: We anticipate 401 General Certification number 3366 will apply to this project. In accordance with 15A NCAC 2H .0501(a) we are providing two copies of this application to the North Carolina Department of Environmental and Natural Resources, Division of Water Quality, for their records. We also anticipate that comments from the North Carolina Wildlife Resources Commission (NCWRC) will be required prior to authorization by the Corps of Engineers. By copy of this letter and attachment, NCDOT hereby requests NCWRC review. NCDOT requests that NCWRC forward their comments to the Corps of Engineers and NCDOT. Thank you for your assistance with this project. If you have any questions or need additional information, please contact Megan Willis at mswillis ,dot.state.nc.us or (919) 715-1341. Sincerely, Greg4oryThorp e,Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch cc: W/attachment Mr. John Hennessy, NCDWQ (2 copies) Ms. Marella Buncick, USFWS Ms. Marla Chambers, NCWRC Mr. Harold Draper, TVA TVA Dr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. J.J. Swain, P.E., Division Engineer Mr. Roger Bryan, DEO W/o attachment Mr. Jay Bennett, P.E., Roadway Design Mr. Majed Alghandour, P. E., Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. Scott McLendon, USACE, Wilmington Mr. John Williams, PDEA 4 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2o 0 so (If any particular item is not applicable to this project, please enter °ivot Appiicaoie or rviA .) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: GregotyJ Thorpe PhD Environmental Management Director Mailing Address: 1598 Mail Service Center Telephone Number: (919) 733-3141 Fax Number: (919) 733-9794 E-mail Address: mswillis(a)dot.state.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: 23 Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Bridge 653 over the Broad River and Bridge 654 over Sand Branch Creek 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3119 3. Property Identification Number (Tax PIN): N/A 4. Location County: Buncombe Nearest Town: Asheville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): Highway 64 to NC 9 in Buncombe County. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 82'16'00' ON 35'32'00' °W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Broad River 8. River Basin: Broad River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: General land use is approximately 50% forested and 50% residential. Page 2 of 9 "L wisO 10. Describe the overall project in detail, including the type of equipment to be used: Standard Construction Equipment will be used 11. Explain the purpose of the proposed work: The existing bridges are structurally deficient and need rgplacing_to meet safety standards. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules.N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 3 of 9 '-L *1 w 1. Provide a written description of the proposed impacts: 164 linear feet of temporary impacts to the stream channel due to a work pad and temperary impervious dyke. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property:0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres 1 Broad River Temp. Perennial 75 118 0.05 2 Sand Branch Temp. Perennial 15 46 0.001 Total Stream Impact (by length and acreage) 164 0.051 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact indicate on ma ocean, etc. (acres) Page 4 of 9 4iW lv., Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting ftorn the project Stream Impact (acres : 0.051 Wetland Impact (acres): 0 Open Water Impact (acres : 0 Total Impact to Waters of the U.S. acres 0.051 Total Stream Impact linear feet : 164 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts.An off-site detour will be utilized Existing bents will be cut off rather than removed to prevent impacts to waters. Page 5 of 9 yr AW VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmp,ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Page 6 of 9 AjW t Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ® No E] X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)' It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Impact I Required Zone* r Multiplier XAN.: 3 (2 for Catawba) 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 9 4 ' V 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0244, or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level.N/A XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.ne.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Page 8 of 9 Ii 4- IS/ ou Apblicant/Agent's Signature /Dat6 (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 - --- --- ---- v--- United States Department of the Interior FISH AND WII DLIFE SERVICE Asheville Field Officc 160 Zillicaa Street Asheville, North Carolina 28801 March 15, 2006 Dr. Gregory J. Thorpe, Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: Subject: Endangered Species Concurrence Request for the Replacement of Bridge No. 653 over the Broad River and Bridge No. 654 over Sand Branch in Buncombe County, North Carolina (TIP No. B-3119) As requested by the North Carolina Department of Transportation (NCDOT), we have reviewed the federally listed species report and the survey report for the federally endangered gray bat (Myotis grisescens) for the subject project. Our comments are provided in accordance section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act), and the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e). Federally Listed Species - According to information in the gray bat survey report, on August 29, 2002, a suitable habitat survey was conducted for the gray bat within the project area for the subject Bridge Nos. 653 and 654. No caves or mines were discovered within the project area Because gray bats arc cave residents year-round and because no caves or nines were discovered within the project area, we do not believe this project will have any effect on the gray bat. However, we do recommend that the NCDOT inspect the existing bridges just prior to demolition to ensure that bats are not temporarily roosting on the bridges. Given the lack of caves and mines within the project area and if no bats are discovered roosting on the bridges prior to demolition, we believe the requirements under section 7(c) of the Act will be fulfilled for the gray bat. However, obligations under section 7 of the Act must be reconsidered if- (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is - determined thafmay be affected-by the identified action. VJ/1J/GVUV LL:JL rt& oLo GJo JJJV UJr11J 'ab11CY111C.1\V LJVV4 v . 1 A, survey was conducted for the federally threatened Virginia spiraea (Spiraea virginiana) during July 2003, and no individuals of this plant were discovered. Since there is suitable habitat within the project area, the NCDOT will resurvey the area prior to construction. If no individuals are discovered during this survey, we can agree with the NCDOT's determination that this project will have no effect on Virginia spiraea. There is a record of the federally endangered tan riffleshell (Epioblasma florentina walken) in the Tennessee River drainage in Buncombe County. Since the Broad River and Sand Branch are part of the Atlantic Slope drainage, we do not believe a mussel survey for this species is warranted. Fish and Wildlife Resources - The information provided does not include detailed descriptions of the structures that will replace the existing bridges. We strongly recommend that the existing bridges be replaced with new bridges, and we request that the National Environmental Policy Act (NEPA) document for this project address an alternative of replacing the existing bridges with new ones. If an alternative other than the replacement of the existing bridges with new bridges is chosen (such as replacing the existing bridges with culverts), we request that the NEPA document include an evaluation as to why an alternative of replacing the existing bridges with new bridges was not chosen. We recommend that the new bridge designs include provisions for the roadbed and deck drainage to flow through a vegetated buffer prior to reaching the affected stream/river. This buffer should be large enough to alleviate any potential effects from the runoff of storm water and pollutants. The bridge designs should not alter the natural stream or the stream-bank morphology or impede fish passage. Any piers or bents should be placed outside the bank-full width of the stream. The bridges and approaches should be designed to avoid any fill that will result in the damming or constriction of the channel or floodplain. If spanning the floodplain is not feasible, culverts should be installed in the floodplain portion of the approaches in order to restore some of the hydrological functions of the floodplain and reduce high velocities of floodwaters within the affected area. Measures to control erosion and sedimentation should be in place prior to any ground-disturbing activities. Wet concrete should never be allowed to come into contact with the stream. Equipment should be inspected daily to ensure that there are no equipment leaks which could enter the river. Construction material should not enter the water during demolition of the existing bridges and construction of the new bridges. In most cases we prefer that a bridge be replaced in place by constructing the new bridge through staged construction or by detouring traffic to existing off-site routes. Migratory Birds - The Migratory Bird Treaty Act (16 U.S.C. 703-712) prohibits the taking, killing, possession, transportation, and importation of migratory birds (including the bald eagle), their eggs, parts, and nests, except when specifically authorized by the Department of the Interior-- Toavoidimpaets.to_migratory birds,-we recommend_conductinga visual. inspection of the bridges and any other migratory bird nesting habitat within the project area during the migratory bird nesting season--March through September. If migratory birds are discovered nesting in the project impact area, including on the existing bridges, the NCDOT should avoid VVr1VI i.V VV 11..VV •a- --- -VV ---- VV•rr., a------- impacting the nests during the migratory bird nesting season (March through September). If birds are discovered nesting on the bridges during years prior to the proposed construction date, the NCDOT, in consultation with us, should develop measures to discourage birds from establishing nests on the bridges by means that will not result in the take of the birds or eggs, or the NCDOT should avoid construction and demolition activities during the nesting period. If you have any questions about these comments, please contact Ms. Denise Moldenhauer of our staff at 8281258-3939, Ext. 226. In any future correspondence concerning this project, please reference our Log Number 4-2-06-169. Sincerely, (nr?ian P. Cole Field Supervisor cc: Ms. Megan Willis, Environmental Specialist, Natural Environment Unit, North Carolina Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1598 Elizabeth Chapel 2807 2 2809 l z? 10 2789 (o _ 2786 \ ?•. LaurChSprings POH ;s m z 40 C BEGIN PROJE7?t?,e COGOF , 20.62 ff4 2790 9 •s /Branch \ '0 Ch. 'ry 279, 2797 w uotour Ch. NOT& BRIDGE N0.653 AIL/Sr BE REPL*CED AND CARRYING TRAFFIC BEFORE BRIDGE NO.654 IS REPLACED. NCDOT VICINITY MAPS DIVISION OF HIGHWAYS BUNCOMBE COUNTY. PROJECT: 32877.1.1 (B-3119) BRIDGE NO. 653 OVER BROAD RIVER ON SR 2804 AND BRIDGE NO.654 OVER SAND BRANCH ON SR 2786 SHEET I OF 12- 1/26/05 I NORTH CAROLINA 'e SITE MAP W o A A x ? o z ?r ?FM wAa .? 0 a wz A 00 v z? t :?EO 0 opN W n M (? _ I 0 ? GSM f m ?z® ° z >oo Z" WOO W J..4ouw two w A >z W x M? Em o N Z w a ?LL > Z lJJ O F- _ LL.Lu6 O? 4 7K F, wO 3?: E J 4 7K 1.4 19 14 l< O 0 L >ZZ ON N Q ?o IL '.4 z 74 F-- CL F ?CL Z V32 ?O Q? Z C7 ' ' cn O PROPERTY OWNERS NAMES AND ADDRESSES PARCEL NO. NAMES ADDRESSES 1 MARY E. PEEK, HEIRS 00 MICHAEL LEDBETTER 4 MARY E. PEEK, HEIRS GU MICHAEL LEDBETTER 5 JAMES E. AND BETTY F. GILLIAM 6 LINDA AND ERNEST RUSSELL P.O. BOX 248 OLD FORT, NC 28762 P.O. BOX 248 OLD FORT, NC 28762 11171 BENT BRANCH RD. PIKEVILLE, KY 41501 21 MARLEY DR. 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O (lil ti iJ 1s2A u r m Cogv N s N A t trio m II ggqql? q q Np o a ? w O ? R1 p g q u q q u? o z nggq? _ o w uFvb4? ?N r 0 a -+$O c ??44? m N r G 3H a ? t7v o ? o -44 O ar v A {-n N m m VI S rrl P 0. ;t A 2 p V • • O p 7 X 7 ,qA G "11 O 0 CL a 0 9 a Buncombe County Bridge No. 653 and No. 654 On SR 2804 and SR 2786 Over Broad River and Sandy Branch Creek Federal Aid Project No. BRZ-2804(1) State Project No. 8.2843501 W.B.S. No. 32877.1.1 T.I.P. No. B-3119 CATEGORICAL EXCLUSION UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS Approved:. D TE +-Gregory J. Thorpe, PhD Environmental Management Director, PDEA l v lo+ DATEF. Sullivan, III 4ilino, vision Administrator, FHWA f e Buncombe County Bridge No. 653 and No. 654 On SR 2804 and SR 2786 Over Broad River and Sandy Branch Creek Federal Aid Project No. BRZ-2804(1) State Project No. 8.2843501 W.B.S. No. 32877.1.1 T.I.P. No. B-3119 CATEGORICAL EXCLUSION Documentation Prepared in Project Development and Environmental Analysis Branch By: January 2003 r; `John L: Williams, PE Project Planning Engineer William T. Goodwin Jr., PE, Ufiit Head Bridge Replacement Planning Unit r PROJECT COMMITMENTS: Buncombe County Bridge No. 653 and 654 SR 2804 and SR 2786 Over Broad River and Sandy Branch Federal Project BRZ-2804(1) State Project 8.2843501 W.B.S. No. 32877.1.1 TIP No. B-3119 Office of Natural Environment -Virginia spires Potential Habitat for the endangered Virginia spirea is present at the project site and while the species was not found during an intensive site search, the biologist recommended a follow-up survey. NCDOT will conduct a follow-up survey during the next blooming season for the species in summer 2004. NCDOT will not be able to gain a permit for the project until the issues is resolved. Division, Resident Engineer Trout Issues NCWRC has commented that the Broad River is a NCWRC Hatchery Supported Trout Stream with some populations of wild trout as well. The following will be implemented to minimize impacts to aquatic resources: o Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brown trout spawning season of November 1 through April 15 to protect the egg and fry stages. Y Where concrete is used, work will be accomplished so that wet concrete does not contact stream water. Y 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. • Under no circumstances should rock, sand, or other materials be dredged from the stream channel except as required for the construction of the bridge piers. o Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of completion of ground disturbing activities to provide long-term erosion control. Roadside Environmental Unit & Roadway Design Unit - Sensitive Watersheds Design Standards for Sensitive Watersheds will be implemented in the design and construction of this project. Categorical Exclusion Green Sheet Page 1 of 1 Buncombe County Bridge No. 653 and No. 654 On SR 2804 and SR 2786 Over Broad River and Sandy Branch Creek Federal Aid Project No. BRZ-2804 (1) State Project No. 8.2843501 W.B.S. No. 32877.1.1 T.I.P. No. B-3119 INTRODUCTION: Bridge No. 653 and No. 654 are included in the latest approved North Carolina Department of Transportation (NCDOT) Transportation Improvement Program and are eligible for the Federal-Aid Bridge Replacement and Rehabilitation Program. The two bridge locations are shown in Figure One. No substantial environmental impacts are anticipated. The project is classified as a Federal "Categorical Exclusion'. 1. PURPOSE AND NEED STATEMENT Bridge Maintenance Unit records indicate that Bridge No. 653 has a sufficiency rating of 20.6 out of a possible 100. The bridge is considered to be structurally deficient and functionally obsolete on the basis of a Structural Appraisal of 2 out of 10 and a Deck Geometry Appraisal of 2 out of 10. Furthermore, the superstructure is a Pratt thru truss including non-redundant tension elements that represent a safety concern. The replacement of this inadequate structure will result in safer traffic operations. Bridge Maintenance Unit records indicate that Bridge No. 654 has a sufficiency rating of 33.0 out of a possible 100. The bridge is considered to be structurally deficient and functionally obsolete.on the basis of a Structural Appraisal of 2 out of 10. Furthermore, the superstructure is a pony truss- including non-redundant tension elements that represent a safety concern. The replacement of this inadequate structure will result in safer traffic operations. II. EXISTING CONDITIONS The project is located in the southeast corner of Buncombe County (see Figure One). The area is rural with largely agricultural development and scattered residences. SR 2804 and SR 2786 are paved and classified as rural local routes in the Statewide Functional Classification System and are not National Highway System Routes. SR 2786 has recently been widened along its entire length at a width of 18 feet. These routes are not designated bicycle routes and there is no indication that an unusual number of bicyclists use these roadways. In the vicinity of the bridges the roadway grade is relatively flat through the project area. Bridge No. 653 is approximately 24 feet above the riverbed. Bridge No. 654 is approximately 13 feet above the streambed. 1 Bridge No. 653 is a one-span Pratt thru truss bridge. The superstructure consists of an asphalt- wearing surface over a timber deck on a steel thru truss. The substructure is composed of two reinforced concrete abutments. Bridge No. 653 (see Figure Three) was placed at this location in 1961. The overall length of the structure is 122 feet. The clear roadway width is 11.7 feet. The posted weight limit on this bridge is 10 tons for single vehicles and 13 tons for TTST's. Bridge No. 654 is a one-span pony truss bridge. The superstructure consists of an asphalt- wearing surface over a timber deck on a steel truss. The substructure is composed of two reinforced concrete abutments. Bridge No. 654 (see Figure Five) was placed at this location in 1961. The overall length of the structure is 48 feet. The clear roadway width is 13 feet. The posted weight limit on this bridge is 18 tons for single vehicles and 18 tons for TTST's. Utility impacts are anticipated to be low. Aerial power lines are present at both bridges. Bridge No. 654 carries a telephone line on the bridge. The current traffic volume is approximately 100 vehicles per day (VPD) for both bridges and is expected to increase to 300 VPD by the year 2025. The projected volume includes one-percent truck-tractor semi-trailer (TTST) and two-percent dual-tired vehicles (DT). There is no posted speed limit and is therefore 55 miles per hour by statute in the project area. The School Bus Transportation Director has indicated there are three school busses currently utilizing Bridge No. 653. There are no school busses utilizing Bridge No. 654. There have been no accidents reported in the vicinity of Bridge No. 653 or Bridge No. 654 during a check of a recent three-year period. III. ALTERNATIVES A. Project Description The replacement structure for Bridge No. 653 will consist of a 130-foot long bridge. The bridge will be of sufficient width to provide for two 12-foot lanes with 3-foot offsets on each side. The replacement structure for Bridge No. 654 will be a prefabricated spanning arch structure approximately 10.7 feet high by 39.6 feet long. The bridge will be of sufficient width to provide for two 12-foot lanes with 3-foot offsets on each side. The roadway grade of the new structures will be approximately the same as the existing facilities at these locations. The roadway approaches will be widened to a 24-foot pavement width to provide two 12-foot lanes. Six-foot grass shoulders will be provided on each side. The roadway will be designed as a rural local route. A design exception will be required in both cases due to design speed. The desired design speed is 60 miles per hour but the actual design speed achieved by these alignments is 20 miles per hour. 2 An examination of records at the North Carolina Department of Environment 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. Hyde County is a participant in the National Flood Insurance Program. There are no practical alternatives to crossing the floodplain area. Any shift in alignment will result in an impact area of about the same magnitude. The proposed project is not anticipated to increase the level or extent of upstream flood potential. On the basis of the above discussion, it is concluded that no substantial adverse environmental impacts will result from implementation of the project. VIII. RESPONSE TO AGENCY COMMENTS A. North Carolina Wildlife Resource Commission NCWRC has provided written continents (see attached letter) indicating the Rocky Broad River is a Hatchery Supported Trout Stream. A list of standard requests associated with trout is included in the letter and will be upheld as part of project construction (see attached Greensheet). IX. PUBLIC INVOLVEMENT The North Carolina Department of Transportation held a Citizens Informational Workshop for this project on August 14, 2001 to gain public input. Forty-five people either attended the workshop or sent in comments following the workshop by mail or e-mail. The vast majority, including the Volunteer Fire Chief, raised concerns over permanently closing either of the structures. Seven requested that we find a way to leave Bridge No. 653, "The Old Iron Bridge," in place. These comments have been addressed in Section III C of this document. A newsletter was sent in April 2002 to alert the community that we had determined to replace both bridges and that it would not be possible to preserve "The Old Iron Bridge". All correspondence received subsequent to the newsletter has been requests on updates for the project schedule. 12 C. Archaeology The North Carolina Department of Cultural Resources has reviewed this project and determined that there are no likely archaeological resources of historic significance that could be affected by the project (See attached letter). VII. GENERAL ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact. Replacement of inadequate bridges will result in safer traffic operations. The project is considered to be a Federal "Categorical Exclusion" due to its limited scope and lack of substantial environmental consequences. The bridge replacements will not have an adverse effect on the quality of the human or natural environment with the use of the current North Carolina Department of Transportation standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulation. No change in land use is expected to result from the construction of the project. No adverse impact on families or communities is anticipated. Right-of-Way acquisition will be limited. No relocatees are expected with implementation of the proposed alternative. No adverse effect on public facilities or services is expected. The project is not expected to adversely affect social, economic, or religious opportunities in the area. The proposed project will not require right-of-way acquisition or easement from any land protected under Section 4(f) of the Department of Transportation Act of 1966. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impact to prime farmland of all land acquisition and construction projects. There are no soils classified as prime, unique, or having state or local importance in the vicinity of the project. This project is an air quality "neutral" project, so it is not required to be included in the regional emissions analysis and a project level CO analysis is not required. If vegetation is disposed of by burning, all burning shall be done in accordance with applicable local laws and regulations of the North Carolina State Implementation Plan (SIP) for air quality in compliance with 15 NCAC 2D.0520. Noise levels could increase during construction but will be temporary. This evaluation completes the assessment requirements for highway traffic noise of Title 23, Code of Federal Regulation (CFR), Part 772 and for air quality (1990 Clean Air Act Amendments and the National Environmental Policy Act) and no additional reports are required. 11 occurrences of rock gnome lichen in the project vicinity. It can be concluded that the project will not impact this threatened species. Surveys for federally protected species are valid for two years from the survey date. If the project is not constructed within those two years then the area may need to be resurveyed prior to the let date. C. Conclusions • The proposed project will impact two surface waters. Thirty-two linear feet of the Broad River and 220 linear feet of Sand Branch UT1 will be impacted by project construction. • The proposed project will not impact any jurisdictional wetlands. • Section 404 NWP 23 and 33 along with their corresponding Section 401 Water Quality Certification may be required for the proposed project. • Tentative construction moratorium dates are recommended for rainbow trout between January V and April 15`h. • The proposed project may affect but is unlikely to adversely affect the gray bat. The affect of the proposed project remains unresolved for Virginia spirea, until surveys can be conducted during its flowering time of late May to late July. • Replacing the Bridge No. 653 in its existing location, and reducing the extent of the slope stakes would minimize impacts to the Broad River and Sand Branch UTL If the final length of stream impact is greater than 150 linear feet, compensatory mitigation may be required. Vl. CULTURAL RESOURCES A. Compliance Guidelines This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at Title 36 CFR Part 800. Section 106 requires Federal agencies to take into account the effect of their undertakings (federally funded, licensed, or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places and afford the Advisory Council a reasonable opportunity to comment on such undertakings. B. Historic Architecture The North Carolina Department of Cultural Resources has reviewed this project and determined that there are no structures of historic significance that could be affected by the project (See attached letter). 10 No mussels of any species were observed in one hour of survey time. Based on the fact that this species does not occur in Atlantic slope drainages and the survey results, it can be concluded that project construction will not impact the oyster mussel. Sagittaria fasciculata (bunched arrowhead) No Effect No habitat exists within the project area for the bunched arrowhead, and no individuals of this species were observed during the site visit. Within the wetland there are no stagnant seepage areas. A search of the NHP database found no occurrence of this plant within the project vicinity. It can be concluded that the project will not impact this endangered species. Sarracenia jonesii (mountain sweet pitcher plant) No Effect No habitat exists within the project area for the mountain sweet pitcher plant, and no individuals of this species were observed during the site visit. No level depressions were found along the stream. A search of the NHP database found no occurrence of this plant within the project vicinity. It can be concluded that the project will not impact this endangered species. Geunt radiatum (Spreading avens) No Effect No habitat exists within the project area for spreading avens, and no individuals of this species were observed during the site visit. The elevation of the project area is approximately 2050 feet, which is well below the elevations where this plant is typically found. A search of the NHP database found no occurrence of this plant within the project vicinity. It can be concluded that the project will not impact this endangered species. Spiraea virginiana (Virginia spiraea) Unresolved Although suitable habitat for this species exists within the project area, no individuals of this species were discovered. Point bars, braided areas, and rock crevices along the Broad River were extensively searched. A search of the NHP database found no occurrence of this plant within the project vicinity. However, the biological conclusion for this species should remain Unresolved until a search for this species can be conducted during its appropriate flowering time (late May to late July). Gymnoderma lineare (rock gnome lichen) No Effect No habitat exists in the project area for the rock gnome lichen. The elevation of the project area is approximately 2050 feet. In Buncombe County, this species occurs on high-elevation mountaintops and cliff faces above 4000 feet. A search of the NHP database found no 9 Glaucomysabrinus coloratus (Carolina northern flying squirrel) No Effect No habitat exists in the project area for the Carolina northern flying squirrel. The project area is at an elevation of 2050 feet (615 m) with no transition zone between hardwood and coniferous forests. A search of the NHP database found no occurrence of this animal within the project vicinity. It can be concluded that the project will not impact this endangered species. Felis concolor cougar (eastern cougar) No Effect The project site is not in close proximity to a large wilderness area. No individuals of this species, or any sign of their presence was observed during the site visit. A search of the NHP database found no occurrence of this animal within the project vicinity. Furthermore, records of this species from the western portion of the state are more than 20 years old. It can be concluded that the project will not impact this endangered species. Myotis grisescens (gray bat) May Affect- Not Likely to Adversely Affect No caves were discovered within the project areas, and none were spotted nearby. The Broad River may serve as suitable foraging habitat for this species. However, no individuals of this species or indications of their presence were observed. A search of the NHP database found no occurrence of this animal within the project vicinity. Furthermore, the record of this species in Buncombe County is an incidental/migratory record, implying that the species was observed outside its normal range or habitat. Although no bats are known to occur in the area, but foraging habitat is present, USFWS policy requires a Biological Conclusion that this project may affect, but is unlikely to adversely affect, this endangered species. Cyprinella monacha (spotfin chub) No Effect This species is found only in interior drainages, while the Broad River is an Atlantic slope drainage. A search of the NHP database found no occurrence of this animal within the project vicinity. It can be concluded that the project will not impact this endangered species. Epioblasma capsaeformis (oyster mussel) No Effect The oyster mussel occurs in the Tennessee and Cumberland River basins. This species is not found within Atlantic slope drainages. The subject project will impact the Broad River and Sand Branch, which are Atlantic slope drainages. Additionally, Bridge 653 was visited by NCDOT biologist Tim Savidge on June 23, 2000. Cursory surveys for mussel fauna were conducted from approximately 300 yards downstream of the existing bridge over the Broad River to approximately 50 yards upstream. Survey methodology involved wading using a view bucket. Species Under Federal Protection in Buncombe County Vertebrates Cominon Name- Scientific Name, ; Federal Status Biological Conclusion Bog Turtle Clemmys muhlenbergii T(S/A) N/A Carolina northern flying squirrel Glaucomys sabrinus coloratus E No Effect Eastern cougar Felis concolor couguar E No Effect Gray bat Myotis grisescens E** May Affect-Not Likely to Adversely Affect Spotfin chub Hybopsis monacha T* No Effect Coiniiion Nain'e = Scientific.Nairie`; Federal Status,;' Biolot ical Conclusion Oyster mussel Epioblasma capsaeformis E No Effect Vascular Plants Bunched arrowhead Sagittaria fasiculata E* No Effect Mountain sweet pitcher plant Sarracenia jonesii E* No Effect Spreading avens Geum radiatum E No Effect Virginia spirea Spirea virginiana T Unresolved Nonvascular Plants Rock Gnome Lichen Gymnoderma lineare E No Effect Notes E Endangered-A species that is threatened with extinction throughout all or a significant portion of its range. T Threatened-A species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. T(S/A) Similarity of Appearance-A species that is listed as threatened due to similarity of appearance with other rare species. * Historic record-the species was last observed in the county more than 50 years ago. ** Incidental/Migrant record-the species was observed outside of its normal range or habitat. Clemmys muhleubergii (bog turtle) The southern population of the bog turtle is listed as Threatened due to Similarity of Appearance to the northern population; therefore, the southern population is not afforded protection under Section 7 of the Endangered Species Act and a Biological conclusion is not needed. No habitat exists in the project area for the bog turtle. There are no freshwater wetlands characterized by open fields, meadows, or marshes with slow moving streams, ditches, or boggy areas near the bridge. A search of the NHP database revealed no occurrences of the bog turtle within 2 miles. B. Jurisdictional Topics Surface Waters and Wetlands The Broad River, Sand Branch, and UT1 are considered jurisdictional surface water under Section 404 of the Clean Water Act. Calculated impacts to waters of the United States reflect the relative abundance of each surface water observed within the proposed construction limits. Permanent impacts to the Broad River and UT1 will result from project construction. No temporary impacts are associated with the proposed project. Assuming a study corridor of variable width for Alternate 1, the following table lists the potential impacts to surface waters within the project area. Estimated Impacts to Surface Waters Water body Channel Width in Feet Impacted Length in Linear Feet Impacted Area in Square feet Broad River 75 32 2400 UT1 1.5 220 330 Sand Branch 15 0 0 Total Impact --- 252 2730 Bridge No. 653 is a single span 122 feet long and 12 feet wide, and was built in 1961. The substructure is composed of two reinforced concrete abutments. The amount of resulting fill is unknown as a method of removal has not yet been determined. Bridge No. 654 was built in 1962, and consists of a single span 48 feet long and 14 feet wide. The substructure is composed of two reinforced concrete abutments. It should be possible to remove Bridge No. 654 with no resulting fill. Permits Construction is likely to be authorized by Nationwide Permits (NWT) No. 23 (Categorical Exclusion) and 33 (Temporary Construction, Access and Dewatering), as promulgated under 67 FR 2020, 2092; January 15, 2002. This project will also require a 401 Water Quality Certification No. 3361, from the Department of Environment and Natural Resources (DENR) prior to issuance of the NWP 23. Federally Protected Species Plants and animals with a 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 11 species under federal protection for Buncombe County as of January 29, 2003 (USFWS 2003). These species are listed in the table below. 6 V. NATURAL RESOURCES The project is located in eastern Buncombe County about 12 miles south of Black Mountain, NC, in the Blue Ridge physiographic province. Elevations in the project area are approximately 2050 feet (National Geodetic Vertical Datum, 1978). The topography of the project vicinity is mountainous with steep slopes rising from both riverbanks. No hydric soils are mapped by the NRCS within the project area. A small jurisdictional wetland was discovered during the initial site visit just outside the project area associated with Bridge No. 654. A. Physical Characteristics Water Resources Water resources located within the project study area lie in subbasin BRD01 of the Broad River Basin (HUC 06010105). The Broad River, Sand Branch, and an unnamed tributary to the Broad River (UT1) are located within the project area, and are all perennial features. The best usage classification of the Broad River and Sand Branch (Index numbers 9(11) and 9(10), respectively) are Class C Tr (NCDENR 2002). UT1 has not been indexed by DWQ; therefore, it receives the same classification as its receiving stream (the Broad River). No water resources classified as High Quality Water, Water Supplies (WS-I or WS-II), or Outstanding Resource Waters are located within 1.0 mile of the project study area. None of the water resources within the project area are designated as biologically impaired water bodies regulated under the provisions of CWA §303(d). Biotic Resources Three terrestrial communities were identified within or near the project area: a disturbed community, a mixed hardwood forest, and a wetland. The following table shows the impacts of the project on these communities. Estimated Area of Impact to Terrestrial Communities Area of Impact in Acres Community Bridge 653 Bridge 654. Total Disturbed 0.03 0.02 0.05 Mixed Hardwood 0.15 0.02 0.17 Total Impact 0.18 0.04 0.22 of Historic Places. For these reasons rehabilitation and continued maintenance of the existing structure are not prudent. Approximately one third of those offering feedback during public involvement requested that the Department leave Bridge No. 653 (The "Old Iron Bridge") in place. The existing south end of the bridge is the best location for an intersection with NC 9 offering the best sight distance in both directions and drivers are already familiar with the associated turning movements. Therefore the best location for the new bridge overlaps the south end of the existing "Old Iron Bridge" and thus the "Old Iron Bridge" must be removed. Even before this was determined to be the case and in consideration that Bridge No. 653 is not eligible for the National Register of Historic Places, the Bridge Maintenance Unit had indicated a strong preference for removal of the bridge due to budgetary constraints. Realignment of Bridge No. 654 was not considered due to topographical and environmental concerns. Bridge No. 654 is located in the middle of a curve. To the outside of the curve is a steeply climbing mountain slope. To the inside of the curve is a wetland. D. Preferred Alternative Bridge No. 653 will be replaced on new alignment as shown in Figure 2. Bridge No. 654 will be replaced on the existing location as shown by Figure 2. These alignments are recommended because they are the only practical alternative for replacing the bridge. Impacts to the natural and human environments are minimal. The NCDOT Division 13 Engineer concurs with this recommendation as the preferred alternative. IV. ESTIMATED COSTS The estimated costs for the build alternative is as follows: Bridge No. 653 Bridge No. 654 Item Cost Cost New Structure $ 251,000 $ 175,000 Removal of Existing Structure 16,000 6,000 Roadway Approaches 106,000 42,000 Misc. & Mob. 53,000 29,000 Eng. & Contingencies 43,000 38,000 Total Construction Cost $ 469,000 $ 290,000 Right-of-way Costs $ 24,000 $ 11,000 Individual Bridge Total Cost $ 493,000 $ 301,000 Grand Total Project Cost $ 794,000 4 B. Reasonable and Feasible Alternatives After consideration of several replacement scenarios, only one build alternative for each bridge was determined to be reasonable as described below. Bridge No. 653 will be replaced on a partially new alignment. The south end of the new bridge will be at approximately the same location as the old bridge. The north end of the new bridge will be shifted approximately 130 feet to the west of the current north end of Bridge 653 (See Figure 2). The new alignment will be approximately 164 feet long. SR 2786 will be realigned for a distance of approximately 300 feet to the east and to the west of the intersection with SR 2804. The realignment is necessary to facilitate construction of the north abutment of the new bridge. Traffic will be detoured around NC 9 and SR 2786 during construction. Bridge No. 654 will be replaced on the existing alignment with a prefabricated spanning arch structure. Approach work will extend 131 feet west of the structure and 134 feet to the east. Bridge No. 653 must be replaced and carrying traffic prior to the beginning of construction for Bridge No. 654. If Bridge No. 654 were to be closed first, Bridge No. 653 does not have sufficient turning radius to permit larger vehicles access to SR 2786; the road would effectively be shut down to larger vehicles such as tractor trailers. The delay due to the detour should be less than 2 minutes for the average road user C. Alternatives Eliminated From Further Consideration Because Bridge No. 653 and Bridge No. 654 are so close together, serious consideration was given to removing both bridges and replacing only one of them. This possibility was included during the public involvement stage of planning. There was general opposition to closing either bridge due to a specific safety concern. The local Emergency Services Coordinator indicated that there is a section of NC 9 between SR 2786 and SR 2804 which develops a "black ice" condition on cool mornings which regularly causes accidents. The detour including the two bridges allows traffic to detour around during a wreck. Many of those attending the public meeting and many who wrote in comments noted that this very condition dictated which bridge they crossed when traveling from the north end of SR 2786. The "do-nothing" alternative will eventually necessitate closure of the bridges. This is not acceptable due to the traffic service provided by SR 2786 and SR 2804. Older truss structures were not designed with redundancy meaning that the failure of an individual member could cause collapse of the entire bridge. Many of these bridges have been retrofitted with a light guardrail inside the truss but this does not provide adequate protection to the truss. Metal truss structures also require very high maintenance to keep the structure in good repair relative to other structure types. These particular structures have been evaluated for historical significance and have been determined Not Eligible for listing on the National Register EUzaboth Ch,W 1 2807 2805 2790 2786 2789 2850 Laura Spring3 Ch. 28 654 5 2804 ? . ?/.? O > 2797 2802 ^L'2803 s 2 2882 Henderson County ry 2801 9 ? ?J DUTCHMAN RIDGE ,P Y Branch ?.o w 2794 tono Mtn. 2795 VIM Ch. . . 2797 f ' Rutherford County 2796 2799 -14 ? MoATM G NORTH CAROLINA DEPARTMENT OF TRANSPORTATION F ? PROJECT DEVELOPMENT & ENVIRONMENTAL ANALYSIS BRANCH `?'f fi os r a. Buncombe County Replace Bridge No. 653 and No. 654 On SR 2804 and SR 2786 Over Broad River & Sandy Branch Creek B-3119 Figure 1 J ?? 3'r' ?. ?Ir a J r?f'? tVh' A 6??. 4 x4 ; °M' Ft t ? x i East Face of Bridge 653 r: a f View of Bridge No. 653 from NC 9 J. r tt. ?' C ? ,-w 7 I Bridge No. 654 North Carolina Department of Transportation Division of Highways Proiect Development & County Figure Five ® North Carolina Wildlife Resources Commission 312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John L. Williams, Project Planning Engineer Planning and Environmental Branch - NCDOT FROM: Mark S. Davis, Mountain Region Coordinator Habitat Conservation Program DATE: March 5, 1998 SUBJECT: Request for scoping comments, Bridge No. 653 on SR 2804 over the Broad River, Buncombe County, North Carolina, TIP No. B-3119. This memorandum responds to your request for our concerns regarding impacts on fish and wildlife resources resulting from the subject project. The North Carolina 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 constructed on the site. The Broad River (also called the Rocky ' Broad River) is managed by the NCWRC as Hatchery Supported trout water downstream of the project site and may also support wild trout populations in the immediate area. Construction impacts on fisheries and wildlife resources will depend on the extent of disturbance in the stream bed and surrounding Iloodplain areas. Environmental documentation for this project should include description of any streams or wetlands on the project site and surveys for any threatened or endangered species that may be affected by construction. Because Buncombe County is recognized as a "trout water county" by the COE, the NCWRC will review any nationwide or general 404 permits for the project. The following conditions are likely to be placed on the 404 permit: 4} J`' a ? i 4 ti ? a TIP No. B-3119 Page 2 March 5, 1998 1. 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 pier construction. Channel relocations have catastrophic effects on aquatic life, and disturbance of the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting adjacent land owners. 2. All work in or adjacent to stream waters should be completed in a dry work area. Sandbag or rock berms, coffer dams, or other diversion structures should be used where possible to prevent excavation in flowing water. 3. Grading and baclffilling should be minimi7.ed, and tree and shrub growth should be retained if possible to ensure long term availability of shoreline cover for gamefish and wildlife. 4. Adequate sedimentation and erosion control measures must be implemented and maintained on the project site to avoid 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. 5. If concrete is used during construction of piers and abutments, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Uncured concrete affects water quality and is toxic to fish and other organisms. 6. All instream work should be conducted between November 1 and April 15, to avoid impacts on trout reproduction. 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 (828) 452-2546. STAir North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary April 28, 1998 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge #653 on SR 1804 over Broad River, Buncombe County, B-3119, Federal Aid Project BRZ-2804(1), State Project 8.2843501, ER 98- 8624 Dear Mr. Graf: Division of Archives and History J--ffrey J. Crow, Director Q/GEf V O S APR 3 0 1998 DIVISION OF HIGHWA;?S $?An; We regret staff was unable to attend the scoping meeting for the above project on April 7, 1998. - However, Debbie Bevin met with John Williams of the North Carolina Department of Transportation (NCDOT) on April 15, 1998, to discuss the project and view the project photographs and aerial. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms. of historic architectural resources, Bridge #653 is the only structure over fifty years old within the project area. This Pratt through truss bridge was evaluated and determined not eligible for the National Register in 1997. We recommend that no historic architectural survey be conducted for this project. No archaeological survey is needed unless replacement is to take place on a new alignment. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our comments. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. log East Jones Street - Raleigh, North Carolina 27601-2607 ??? Nicholas L. Graf April 28, 1998, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the-above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, J j/David Brook Deputy State Historic Preservation Officer DB:slw cc: 114' F. Vick B. Church T. Padgett Asheville-Buncombe Historic Resources Commission sTA rr d s' ?r North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator James B. Hunt Jr., Governor Division of Archives and History Betty Ray McCain, Secretary Jeffrey J. Crow, Director June 28, 2000 MEMORANDUM TO: John L. Williams Bridge Planning Unit NC Department of Transportation FROM: David Brook' i-4L?st /J't?- Deputy State Htstori Preservation Officer RE: Replacement of Bridge No. 653 on SR 2804 over Broad River. Buncombe County. B-3119. FA Project ivo. BRZ-2804(l}, State Project 78.2843501. ER 98-6624 & ER 00-10283 Thank you for your letter of June 23, 2000, concerning the above project. We have reviewed the design information for the proposed bridge replacement location forwarded.by, your office. Due to the very small footprint for this project, it is unlikely that sivnificant archaeological resources will be affected. We. therefore, do not recommend any archaeological investigation in connection with this project as currently proposed. The above comments are made pursuant to Section 106 of the National Historic Presen-ation Act and the Advisory Council on Historic Preservation's Regulations for Compliance % ith Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions coincemin_l the above comment. please contact Renee Gledhill-Earlev. environmental review coordinator. at 919!733-4763. DB:scb cc: Tom Padgett, NCDOT bc: Claggett/Hall Moore County RF Location Mailing Address TelephnneJFas ADMINISTRATION j07 N. Bimini St.. Raleigh NC -1617 M;iil Service Center. Raleigh NC ."b9J=hl7 t9[9) 733-a7h3 733-x653 mtCI1:iiF.0L0(;Y 11 1 N. Mount St.. Raleigh NC ahit) Mail Service Center. Raleigh NC :"fiyy »h l'1 019) 733•"'42 'li._t,71 l2F:Sl'l)Ft,\rIUN _ 315 N 116n,ut St.. R::Ieigh NC Masl Scrvicc Center. Raleigh NC ."bV1.1h13 )911)) '3 -r i' . 'I S.Ixul , MINTY & PLANNING . 515 V. illvunt 5t.. Raleigh Nt: 41,1`( %1:111 Service (:enter. Raleigh NC xt)I 191')) 711-t,54< "li.-