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HomeMy WebLinkAbout20061694 Ver 1_Complete File_20061016 M e.w sTn7F o ~~~ ~`~S STATE OF NORTH CAROLINA DEPARTIV~NT OF 'I~~ANSPORTATION Iv1TC~-GAEL F. EASI.EY - GOVERNOR October 16, 2006 U. S. Army Corps of Engineers Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 ATTENTION: Mr. David Baker NCDOT Coordinator LYNDO TIPPETT SECRETARY 061694 SUBJECT: Nationwide Permit 23 and 33 Applications for the proposed replacement of Bridge No. 264 on SR 1103 (Bat Cave Road) over Jackson Creek, in McDowell County. Federal Aid Project No. BRZ-1103(12), -State Project No. 8.2872801, WBS Element 33549.1.1, TIP No. B-4192, in Division 13. Dear Sir: Please find enclosed a copy of the Pre-Construction Notification, Ecosystem Enhancement Program (EEP) Mitigation Acceptance Letter, permit drawings and 1/2 size plans and Categorical Exclusion for the above referenced project. The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 264 on the existing alignment with a triple 7 foot by 7 foot chambered reinforced concrete box culvert (RCBC). There will be 131 linear feet of permanent fill in surface waters and 92 linear feet of temporary impacts. There are no jurisdictional wetlands within the .project area. Traffic will be maintained via a signalized on-site detour lane. Impacts to Waters of the United States The water resource impacted by project B-4192 is Jackson Creek located in Catawba River Basin, Subbasin 03-08-30. The North Carolina Division of Water Quality classifies Jackson Creek as a "Class C" stream and is located in Hydrological Cataloguing Unit (HUC) 03050101. There are no Outstanding Resource Waters (ORW), High Quality Waters (HQW), WS-I, WS-II, or watershed Critical Area (CA), within 1 mile upstream or downstream of the project study area. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-7$$-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 154$ MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC RALEIGH NC 27699-1548 No special restrictions are required for in-water work other than those outlined in the NCDOT guidelines,. "Best Management Practices for Protection of Surface Waters". Jackson Creek is not designated as a trout stream by North Carolina Wildlife Resource Commision (WRC). Permanent Impacts: The existing structurally deficient bridge will be replaced by a triple 7 foot by 7 foot chambered reinforced concrete box culvert (RCBC). Construction of the proposed project will result in total of 131 linear feet of permanent fill in surface water from the culvert installation. Temporary Impacts: Diversion dams for dewatering the work area will result in 0.017 acre of temporary construction impacts. The proposed RCBC for the bridge replacement will be widened to accommodate the temporary detour lane. There are no conflicts with utilities for this project. Bridge Demolition The existing bridge is a two-span structure with an overall length of 41 feet, and a clear roadway width of 22.3 feet. It was constructed in 1948. The bridge consists of a timber deck, steel I-beams, yount masonry abutments and a timber helper bent at mid span. Bridge No. 264 is structurally deficient and according •to federal guidelines is considered to be functionally obsolete. Bridge No. 264 can be removed without dropping any components into Waters of the United States. Best Management Practices for Bridge Demolition and Removal will be implemented. Federally Protected Species As of April 27, 2006, the United States Fish and Wildlife Service shows five federally protected species for McDowell County (Table 1). A description of each species and biological conclusions are provided in the Categorical Exclusion (CE) document issued June 25, 2004. Table 1. Federally Protected Species for McDowell County. ommon Name Scientific Name Status abitat iological Conclusion og turtle Clemmys muhlenbergii (S/A) o of Subject Bald Eagle aliaeetus leucocephalus hreatened o o Effect ountain Golden Heather udsonia Montana hreatened o o Effect Small-whorled ogonia sotria medeoloides hreatened o o Effect arolina northern flying squirrel Glaucomys sabrinus coloratus ndangered o o Effect KEY: Status Definition Endangered - A taxon "in danger of extinction throughout all or a significant portion of its range." Threatened - A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." T(S/A) - Threatened due to similarity of appearance a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. Avoidance and Minimization NCDOT has minimized impacts to the ,fullest extent practicable. The project purpose necessitates traversing Jackson Creek; therefore, totally avoiding surface water impacts is not practicable. Mitigation The Ecosystem Enhancement Program (EEP) will be responsible for 131 feet of mitigation for jurisdictional stream impacts on this project. EEP's acceptance letter is attached to this application. Regulatory Approvals Section 404 Permit: It is anticipated that the temporary dewatering of Jackson Creek be authorized under Section 404 Nationwide Permit 33 (Temporary Construction Access and Dewatering). We are, therefore, requesting the issuance of a Nationwide Permit 33 authorizing the temporary dewatering of Jackson Creek. 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 23 (FR number 10, pages 2020-2095; January 15, 2002). Section 401 Permit: We anticipate 401 General Certification numbers 3403 and 3366 will apply to this project. In accordance with 1 SA 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 anticipate that comments from the NCWRC will be requested prior to authorization by the US Army Corps of Engineers (USAGE). By copy of this letter and attachment, NCDOT hereby requests NCWRC review. NCDOT requests that NCWRC forward their comments to the USAGE and NCDOT. Thank you for your assistance with this project. A copy of this permit application will be posted on the NCDOT Website at http://207.4.62.65/PDEA/PermApps/. If you have any questions or need additional information, please contact Jeff Hemphill at (919) 715-1458. Sincerely, Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch Cc W/attachment Mr. John Hennessy, N®WQ (2 Copies) Ms. Marella Buncick, LTSFWS Ms. Marla Chambers, NCWRC Dr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. J J. Swain, P.E. (Div. 13) Division Engineer Mr. Roger Bryan (Div. 13) 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 Ms. Beth Harmon, EEP Mr. Todd Jones, N®OT Eternal Audit Branch Mr. Vincent Rhea, P.E., PDEA Project Planning Engineer Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 2 0 0 6 1 6 9 4 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) L 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 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 23 & NWP 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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 Owner/Applicant Information Name: NC Department of Transportation Mailing Address: 1598 Mail Service Center Raleigh, NC 27699-1598 Telephone Number:~919)-733-3141 Fax Number: (919)-715-1501 E-mail Address: 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: NA Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 5 of 13 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: Replacement of bridge No. 264 on SR 1103 Over Jackson Creek 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-4192 3. Property Identification Number (Tax PIN): 4. Location County: McDowell Nearest Town: Moffitt Hill Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From US 40, take exit 73 at Old Fort and head southeast on Bat Cave Road (SR 1103). Proceed for approximately four miles on Bat Cave Road to bridge No. 264. The bridge site is just south of the intersection of Davis Town Church Road (SR 1131 hand Bat Cave Road. 5. Site coordinates, if available (UTM or Lat/Long): 35° 33.70' °N 10.95' °W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): N/A 7. Nearest body of water (stream/river/sound/ocean/lake): Jackson Creek 8. River Basin: Catawba 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: The site is located in a rural area of McDowell Count. The site is primarily surrounded by fallow field, roadside shoulder ,secondary shrub growth and residential property. Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The project will consist of replacing the existing 22.3 feet wide and 41 feet long bride with a triple chambered 7 feet by 7 feet reinforced concrete box culvert. Traffic will be maintained during construction by an onsite signalized detour lane located approximately 10 feet west of the existing roadway. Construction equipment will consist of heaves duty trucks, earth moving equipment, cranes, etc. Explain the purpose of the proposed work: The existing bridge is structurally deficient and according to federal guidelines is considered to be functionally obsolete. The replacement of this bridge will result in safer traffic operations. 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. 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. NA 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 Page 7 of 13 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: This project will have temporary impacts totaling 92 linear feet due to diversion dams for dewatering work area. There will be 1311inear feet of permanent impacts associated with this project resultin~Lfrom a three chambered box culvert being installed in Jackson Creek to replace a structurally deficient bridge. 1. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** NA * List each impact separately and identify temporary impacts. 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. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the. FEMA Map Service Center at 1-800-358-9616, or online at httn://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0 acre Total area of wetland impact proposed: 0 acre 2. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? (pleases ecify) Permanent 131 Jackson Creek 7-10 feet Perennial Temporary fill 92 Jackson Creek 7-10 feet Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at I-800-358-9616, or online at Page 8 of 13 www.us~s.QOV. Several Internet sites also allow direct download and printing of USGS maps (e.g., w~vw.tonozone.com,. www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 3. Individually list all open water impacts. (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbod y (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. 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.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA 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. See Permit Application Cover Letter. Page 9 of 13 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 March 9, 2000, 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 maybe 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 NCWRP 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://h2 0. enr.state. nc. us/ncwetl ands/strmgide.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. Mitigation for 131 linear feet of stream impact will be provided by EEP. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http:/lh2o.enr.state.nc.us/wrp/index.htm. If use of Page 10 of 13 the NCWRP is proposed, please check the appropriate box on page three and provide- the following information: Amount of stream mitigation requested (linear feet): 131 linear feet Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount ofNon-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ^ 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 ^ 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 ^ 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), I SA NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No ® If you answered "yes", provide the following information: Page 11 of 13 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. Zone* Impact (square feet) Multiplier Required Mitigation Total Gone 1 extends out ~U teet perpendicular from near bank oY channel; 'Lone 2 extends an additiona120 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. NA 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. 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 anafter-the-fact permit application? Yes ^ No Page 12 of 13 XIV. 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). ~. D • 23 ~ Applicant~'Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 yeµ ~~4 ~-~ •~Q~iMV'IVm~ STATE OF NORTH CAROLINA DEPAR'T1V~NT OF'I~~AN.SPORTA'1~ON MIQ-~AEL F. EASLEY LYNDO TIPPETT GOVERNOR May 19, 21 -~- VV1 ~~-~'S ~-}~ S U'~'~C.2 . -The Watpi~ cre5r,~uvc.e i v-~c( ~~ '~rvjev~ ~-41~i~, `~5 ~QL~YI C~ree~i, I aca-~~{ U. S. Army Corps~of Engineers ~~ C~~~ Regulatory Field Office '~ ~ ~ r~ ~5i n~ Sub 1~; -~ 151 Patton Avenue, Room 208 ~3dg3p : ~ ~ ~UI/~ ~Ctr01 I YI~t ~~.\Ui5 (aid Asheville, NC 28801-5006 O~ WG~~ ~ j~Ct-~ (/~G1~ I-~iLS ~Ctc~ia~V~ Cvee~i a5 a. clc~~ ''~'' :~realM ~~c1 ATTENTION: Ms. Angie Pennock 1 ~~ i Vl NUJ ~,,I~j ~p9 iC (~,~ CI,t~G~ tOCJ ~ i h~ NCDOT Coordinator ~ J ~ ~.,~ ~ u ~ C~ ~3 ~ ~ O ~ ~ + Y ._...... _.___ ~Th~c~e a~r~ ~o , . . Dear Mad: ~~~ SUBJECT: Nationwide Permit 23 and 33 Applications for the proposed ~~ ~~ replacement of Bridge No. 264 on SR 1103 (Bat Cave Road) over Jackson Creek, in McDowell County. Federal Aid Project No. BRZ-1103(12), State Project No. 8.2872801, WBS Element `k 4~~ 33549 - , ' ~~,~ ~~ rrA ~z -~;`~~ p l~n s,a ~r ~~~ ~~~~~ se find enclosed a copy of the to rical ~xclusion, re- nstructi n ti ion ~~, and Ecosystem Enhancement Programitigation acceptance I~,etter~ 'for the above referenced proje (NCDOT~ proposes to replace Bridge No. 264 on the existing alignment w' a triple 7--f~0fiet by 7-feet chambered reinforced concrete box culverl'~~r~~-~ Ther be 131 linear feet of permanent fill in surface waters and 92 linear feet of you h`~ ~(G ,~s _ porary impacts. There are no jurisdictional wetlands within the project area. Traffic ~~~°"~'~ ~ ,, will be maintained via a signalized on-site detour lane. ~, ~'a ~ ~ ~ ~D • y „+ sh' ~ , ~' ; ; ; :~ Impacts to Waters of the United States ~ ~ ' ` ~~' '~ +,Y~ The water re our acted fir project B-4192 is Jackson Cree~The Nor h Carolina ' ~ ~'~ ~ v ° ~~`u" classifies-~keJackson Creek a~"``Class ~~~ ~' C" and index number for this portion of the creek is 94-93-9z~,•-fr-- Sib ~b``~'r~ ~, and the bridge is located in Hydrological Cataloguing Unit 03050101. There are no dlJ~b'~ Outstanding. Resource Waters (ORW), High Quality Waters (HQW), WS-I, WS-II, or watershed Critical Area (CA;~within 1 mile upstream or downstream of the project study area. !~ MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC RALEIGH NC 27699-1548 • No special restrictions are required for in-water NCDOT guidelines, "Best Management Practic Jackson Creek is not designated as,a~-gout stream h ~, / /iG ~~ `~ .;. "~ ~,,n wo other than those outlined in the ~, s or Protection of Surface Waters". `,, 1 y~1VC~'WRC). ~ yn'.`~' o~speci~'" iflc concP~-~x„°~ ~,~ ,~" ~ ~~ria~fiabitat."_. ~;~, ~ ~~ Y Permanent Impacts: Construction of the proposed project will result in total of 131 linear \ feet -(6-8~~-acre~ of permanent fill in surface water. a existing structura a icient . bridge will be replaced by a triple 7~~t by 7•-fait chambered r ~-~~ r°°a °°-~~--~+~ '~~--- crRCBC) ~ ~yy~ ~vl~,C1 a.L~ i,~ u.CU2 5 c~~- u ~ Temporarv Impacts: The onsite deto r lane will result in x;0.017 of ~ rnp 'u"' ~~temporary construction and dewaterin .The proposed RCBC for the bridge replacement V ,~~~ will be widened to accommodate the temporary detour lane: Once the new construction ~~ ~4~ is completed, all materials used for the temporary detour will be removed completely j~ from Jackson Creek. ,.`~ There are no conflicts with utilities for this project. Bridge. Demolition The existing bridge is a two-span structure with an overall length of 41 feet, and a clear roadway width of 22.3 feet. It was constructed in 1948. The bridge consists of a timber deck, steel I-beams, yount masonry abutments and a timber helper bent at mid span. Bridge No. 264 is structurally deficient and according to federal guidelines is considered to be functionally obsolete. Bridge No. 264 can be removed without dropping any components into Waters of the United States. Best Management Practices for Bridge Demolition and Removal will be implemented. ~~i" ~~~~ ~ ~) Federally Prot cted S ties Unite States Fish and Wildlife Service • ' ~e' t~federall Y protected species'` or McDowell County (Table 1). A description of each species and biological conclusions are provided in the Categorical Exclusion (CE) document issued June 25, 2004.. ' s ' t f - `- ' / ,,,` ~~ ~ ,, ~IC~ ~ 5 ~J Table 1. Federally Protected Species for McDowell County. ommon Name Scientific Name Status iological oncluson o turtle Clemm s muhlenber ii (S/A) /A ald Ea le aliaeetus leucoce halus eatened o Effect ountain Golden Heather udsonia Montana eatened o Effect Small-whorled o onia sotria medeoloides hreatened o Effect Carolina northern flying s uirrel Glaucomys sabrinus oloratus ndangered o Effect .:..-(' HCt,1P,i, ~' ~ 5t~ ~-o / ~ ~ `f~ - {/~.Q/1'u~-,1yt- h.~-CQ~ ,tZtli`~ KEY: Status Definition Endangered - A taxon "in danger of extinction throughout all or a significant portion of its range." Threatened - A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." T(S/A) ~ . Threatened due to similarity of appearance a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. Avoidance and Minimization NCDOT has minimized impacts to the fullest extent .possil3le. The project purpose necessitates traversing Jackson Creek; therefore, totally avoiding surface water impacts is not practicable. ~~~~~Q ,~~K 3~ Mitigation ~~,) ~ ~ • ~~~J ®~ The Ecosystem Enhancement Program will ~nmitigation -for tiro i ~'~iz~r jurisdictional stream impact. EEP's acceptance letter is attached to this application. Regulatory Approvals ~frn.~A P~ e~ ion 404 Per it: It is anticipated that the temporary dewatering of a-~~ ~;u ='~~ ~ be authorized under Section 404 Nationwide Permit 33 (Temporary ,;~4,,l~~'' Construction Access and Dewatering). We are, therefore, requesting the issuance of a Nationwide Permit 33 authorizing the temporary dewatering of Jackson Creek. 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 23 (FR number 10, pages 2020-2095; January 15, 2002). Section 401 Permit: We anticipate 401 General Certification numbers 3403 and 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 En_..' entjl~ and Natural Resources, Division of Water Quality, for their records. ~ v~~ C i%;. ~•%~ `... We anticipate that comments from the .- ' sion ~NCWRC~ will be requested prior to authorization by the Corps of Engineer . By copy of this letter and attachment, NCDOT hereby requests NCWRC review. NCDOT requests that NCWRC forward their comments to the ~e~exs.and NCDOT. ~•(~2 ~ ~` - - -~ N,;,;~~~T G,,~b.~h ~-fi 6; ~ ,----.r---v . TVA: This project is located within the ~ 'ction of the Tennessee Valley Authority (TVA). Therefore, an approval under Section 26a the TVA Act will be required. Thank you for your assistance with this project. If you have any questions or need additional information, please contact Jeff Hemphill at (919) 715-1458. Sincerely, Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch Cc _. _ _.. (CC List found-~at: S:\ProjMgmt~NEPMU Shared Information cc list.doc . .r~ lr~f Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 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: NWP 23 &NWP 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: Gregory J. Thorpe, Ph.D., Environmental Management Director Mailing Address: 1598 Mail Service Center Raleigh, NC 27699-1598 Telephone Number: X919) 733-3141 Fax Number: x,919) 733-9794 E-mail Address: 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: E-mail Address: Fax Number: 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: Replacement of bridge No. 264 on SR 1103 Over Jackson Creek 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-4192 3. Property Identification Number (Tax PIN): N/A 4. Location County: McDowell Nearest Town: Moffitt Hill Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From US 40, take exit 73 at Old Fort and head southeast on Bat Cave Road (SR 1103) Proceed for approximately four miles on Bat Cave Road to bride No. 264 The bridge site is just south of the intersection of Davis Town Church Road (SR 1131) and Bat Cave Road 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): 35° 33.70' °N 10.95' °W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Jackson Creek 8. River Basin: Catawba 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: The site is located in a rural area of McDowell County The site is primarily surrounded by fallow field roadside shoulder secondary shrub growth and residential property, Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The nroiect will consist of replacing the existing 22.3 feet wide and 41 feet long bridge with a triple chambered 7 feet by 7 feet reinforced concrete box culvert. Traffic will be maintained during construction by an onsite signalized detour lane located approximately 10 feet west of the existing roadway. Construction equipment will consist of heavy duty trucks earth moving equipment, cranes, etc. 11. Explain the purpose of the proposed work: The existing bridge is structurally deficient and according federal Quidelines is considered to be functionally obsolete. The replacement of this bridge will result in safer traffic operations. 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 maybe 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 Provide a written description of the proposed impacts: This project will have temporary impacts totaling 92 linear feet due to culverts installed for an onsite detour lane; for diversion dams to dewater work area and a silt check dam downstream of the project. There will be 1311inear feet of permanent impacts associated with this project resulting from a three chambered box culvert being installed in Jackson Creek to replace a structurally deficient bride. 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) N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0 acre 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, gabioris, 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 Im act Impact Length (linear feet) Area of Impact (acres) Jackson Creek Permanent Perennial 7-10 feet 131 0.025 Jackson Creek Temporary Perennial 7-10 feet 92 0.017 Total Stream Impact (by length and acreage) 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. Page 4 of 9 Open Water Impact Site Number (indicate on map) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): 0.025 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.025 Total Stream Impact (linear feet): 131 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 maybe 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. See Permit Application Cover Letter Page 5 of 9 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 maybe 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/strm~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. Mitigation for 131 linear feet of stream impact will be provided by EEP 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 ~://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): 131 Page 6 of 9 Amount of buffer mitigation requested (square feet): N/A -- Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. 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 ^ 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. A11 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 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico}, 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .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 Required Zone ,~~,,,,-e c e.~ Multiplier 3 (2 for Catawba) 1.5 Total I I * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. Page 7 of 9 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 2B .0242 or .0244, or .0260. N/A 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 anafter-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.nc.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 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 ~~ PROGRAM May 15, 2006 Mr. Steve Lund U. S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Dear Mr. Lund: Subject: EEP Mitigation Acceptance Letter: B-4192, Replace Bridge Number 264 over Jackson Creek on SR 1103 (Bat Cave Road), McDowell County; Catawba River Basin (Cataloging Unit 03050101); Northern Mountains (NM) Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory stream mitigation for the unavoidable impact associated with the above referenced project. As indicated in the NCDOT's mitigation request letter dated May 12, 2006, compensatory stream mitigation from EEP is required for approximately 131 feet of stream impacts. Mitigation for this project will be provided in accordance with Section X of the Memorandum of Agreement between the N. C. Department of Environment and Natural Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers signed on July 22, 2003. EEP commits to implement sufficient compensatory stream mitigation up to a 2:1 ratio to offset the impacts associated with this project by the end of the MOA year in which this project is permitted. If the impacts change from the above listed amount, then this mitigation strategy letter will no longer be valid and a new mitigation strategy letter will be required from EEP. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, ' Liam D. Gilmore, P.E. EEP Director cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4192 ~^~':~~...~ ~ ;~_, .~%br..~~ _ 3.. r.~ y ~~- _ ~ ~ __ y_,a _~:v~ .= NCDENR ~ - ._ _ , Nnrth farnlina Frncvctam Fnhanramcnr Pmar~m 16C) M~~I Co..,~~e f,,,,r,,. 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B-4192 CATEGORICAL EXCLUSION U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAYADMINISTRATION AND N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: 23 0~ DA E regory J. Thorpe, Ph.D. Environmental Management Director Project Development & Environmental Analysis Branch North Carolina Department of Transportation ~ Zs~~ DATE ~ ~I,A .John F. Sullivan, III, P.E. Acting Division Administrator Federal Highway Administration _ ~ MCDOWELL COUNTY BRIDGE N0.264 ON SR 1103 (BAT CAVE ROAD) OVER JACKSON CREEK FEDERAL-AID PROJECT N0. BRZ-1103(12) STATE PROJECT N0. 8.2872801 TIP N0. B-4192 CATEGORICAL EXCLUSION Document Prepared by Ramey Kemp & Associates, Inc. 4928-A Windy Hill Drive Raleigh, North Carolina 27609 Montell W. Irvin, P.E., P.1'40.E. Ramey Kemp & Associates, Inc. ~"Z''~ Date For the North Carolina Department of Transportation Vincent J. Rhe~!P.E., Project Development Engineer Project Development and Environmental Analysis Branch PROJECT COMMITMENTS MCDOWELL COUNTY BRIDGE N0.264 ON SR 1103 (BAT CAVE ROAD) OVER JACKSON CREEK FEDERAL-AID PROJECT N0. BRZ-1103(12) STATE PROJECT N0. 8.2872801 TIP N0. B-4192 No other commitments have been agreed to by NCDOT except for the standard Nationwide Permit #23 Conditions, the General Nationwide Permit Conditions, Section 404 Only Conditions, Regional Conditions, State Consistency Conditions, NCDOT's Guidelines for Best Management Practices for the Protection of Surface Waters, NCDOT's Guidelines for Best Management Practices for Bridge Demolition and Removal, General Certification Conditions, and Section 401 Conditions of Certification. Categorical Exclusion June 2004 Page 1 of 1 MCDOWELL COUNTY BRIDGE N0.264 ON SR 1103 (BAT CAVE ROAD) OVER JACKSON CREEK FEDERAL-AID PROJECT N0. BRZ-1103(12) STATE PROJECT N0. 8.2872801 T.I.P. N0. B-4192 INTRODUCTION The replacement of Bridge No. 264 located on SR 1103 (Bat Cave Road) over Jackson Creek is included in the North Carolina Department of Transportation (NCDOT) 2002-2008 Transportation Improvement Program (TIP) and in the Federal-Aid Bridge Replacement Program (BRZ-1103(12)). The location is show in Figure 1. No substantial impacts are anticipated. The project is classified as a Federal "Categorical Exclusion". I. PURPOSE AND NEED The NCDOT Bridge .Maintenance Unit records indicate Bridge No. 264 has a sufficiency rating of 79.6 out of a possible 100 for a new structure. Prior to May 1999, the bridge had a sufficiency rating of 44.7 and was considered structurally deficient. In May 1999, a timber bent was placed at mid span beneath the bridge. These repairs raised the sufficiency rating to its current rating of 79.6. However, the bridge is still considered functionally obsolete. The replacement of this inadequate structure will result in safer and more efficient traffic operations. II. EXISTING CONDITIONS Bridge No. 264 is located on SR 1103 (Bat Cave Road) in rural McDowell County. Refer to Figure 1 for the project location and Figure 2 for photos of the existing project study area. Bridge No. 264 was constructed in 1948. The bridge is not currently posted to restrict weight limits. The overall length of the two-span structure is 41 ft. It has a clear roadway width of 22.3 ft that includes two travel lanes over the bridge. The superstructure consists of a timber floor on I-beams. The substructure consists of yount masonry abutments and a timber helper bent at mid span. The height from crown to streambed is 12 ft. SR 1103 is classified as a rural local in the Statewide Functional Classification System. The 2001 average daily traffic volume (ADT) is estimated to be 900 vehicles per day (vpd). The percentages of truck traffic are 1 percent TTST vehicles and 2 percent dual-tired vehicles. The projected 2025 ADT is 1900 vpd. The two-lane facility measures approximately 18 ft in width and has approximately 3 ft grassed shoulders on each side of the roadway in the vicinity of the bridge. The horizontal alignment of SR 1103 is poor adjacent to the bridge. There is an approximate 45 degree curve just north of the bridge. The vertical alignment is generally good within the project area.. There is no posted speed limit in the immediate vicinity of the bridge. Therefore, the statutory speed limit is 55 miles per hour (mph). Existing right-of-way is approximately 60 ft in width. There are overhead power lines along the west side of SR 1103. There are underground and overhead GTE telephone lines along the west side of SR 1103 that connect to a substation just to the north of the project. This section of SR 1103 is not part of a designated bicycle route nor is it listed in the Transportation Improvement Program as needing incidental bicycle accommodations. There is no indication that an unusual number of bicyclists use this roadway. Land use within the project area is a mixture of rural residential properties, farmland, and livestock land. However, a development located south of the project, Gateway Mountain, has a capacity of approximately 700 home sites with 100 home sites currently proposed. According to McDowell County school officials, two buses cross this bridge for a total of four trips per day. Crash records maintained by the NCDOT indicate there have been no crashes reported in the vicinity of Bridge No. 264 during a recent three-year period. III. ALTERNATIVES A. Project Description Based upon the preliminary hydraulic report, the proposed replacement structure for Bridge No. 264 will consist of a triple- (3) 7 ft X 7 ft reinforced concrete box culvert (RCBC). The roadway approaches will provide two 12 ft travel lanes with 6 ft grassed shoulders. The grade will be approximately the same as the existing roadway. The design speed varies for each alternative. B. Build Alternatives Two (2) build alternatives for replacing Bridge No. 264 are described below: Alternative A (Preferred) Alternative A consists of replacing the bridge in-place with a RCBC. During construction, traffic will be maintained by an on-site one-lane signalized detour west of SR 1103. The total length of roadway approach work for this alternative is approximately 426 ft. Refer to Figure 3 for illustration of this alternative. The on-site detour will be located approximately 10 ft west of the existing road~and will be facilitated by widening the proposed RCBC to accommodate the temporary detour. The detour roadway approaches will provide one 14 ft travel lane and 3 ft wide shoulders on each side. The length of the temporary detour will be approximately 426 ft. 2 Alternative B Alternative B consists of replacing the bridge with a RCBC on new alignment west of SR 1103. During construction, the existing bridge will be used to maintain traffic. The total length of roadway approach work for this alternative is approximately 1169 ft. Refer to Figure 4 for illustration of this alternative. C. Alternatives Eliminated From Further Consideration The "Do-Nothing" alternative will eventually necessitate closure of the bridge due to its poor condition. This is not desirable due to the traffic service provided by SR 1103. Investigation of the existing structure by the NCDOT Bridge Maintenance Unit indicates that rehabilitation of the old bridge is not feasible. due to its age and deteriorated condition. A timber helper bent has already been added at mid span as a temporary measure until the bridge can be replaced. D. Preferred Alternative (Alternative A) Alternative A consists of replacing the bridge in-place with a RCBC. During construction, traffic will be maintained by an on-site detour west of SR 1103. Alternative A was selected as the preferred because it maintains the existing alignment, avoids impacts to the septic system of the residence to the west of the existing bridge, and has the lowest construction costs. The Division Engineer concurs with Alternative A as the Preferred Alternative. E. Anticipated Design Exception(s) There is no posted speed limit in the immediate vicinity of the bridge. Therefore, the statutory speed limit is 55 miles per hour (mph). Due to the existing road conditions, a design exception will be required for both the horizontal and vertical alignment for both alternatives. IV. ESTIMATED COSTS The estimated costs for each alternative, based on current dollars, are shown in Table 1: 3 Table 1 Estimated Project Costs Alternative A (Preferred)' Alternative.6 Structure Removal Existin $11,520 $11,520 Structure Proposed $114,950 $114,950 Detour Structure and Approaches $89,230 $0 Roadway Approaches $63,420 $252,310 Miscellaneous and Mobilization $81,880 $132,220 En ineering and Contingencies $64,000 $64,000 Right-of-Way/Easement and Utilities $79,100 $102,500 Total Project Cost $504,100 $677,500 The estimated cost of the project, as shown in the 2004-2010 NCDOT Transportation Improvement Program is $465,000 including $0 spent in prior years, $40,000 for right-of--way and $425,000 for construction. V. NATURAL RESOURCES. Natural resources within -the project study area were evaluated to provide: 1) an assessment of existing vegetation, wildlife, protected species, streams, wetlands, and water quality; 2) an evaluation of probable-impacts resulting from construction; and 3) a preliminary determination of permit needs. A. Methodology Research was conducted prior to the field investigations. Published resource information pertaining to the project area was collected and reviewed. Resources utilized in this preliminary investigation of the project area include: • U.S. Geological Survey (USGS) Moffitt Hill 7.5-minute topographic quadrangle map (1994). • U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) map for Moffitt Hill 7.5- minutequadrangle (1995). • North Carolina Department of Transportation (NCDOT) aerial photographs of the project area (Scale: 1:1200 scale). ~ , • U.S. Department of Agriculture, Natural Resource Conservation Service (formerly the Soil Conservation Service) provisional Soil Survey of McDowell County, North Carolina (unpublished). • U.S. Environmental Protection Agency Water Discharges and RCRA Map accessed via EPA's EnviroMapper Program (September 2001). Water research information was obtained from publications of the North Carolina Department of Environment, and Natural Resources (NCDENR, 1998, 2001). Information concerning the occurrence of federal and state protected species in the project area was obtained from the U.S. Fish and Wildlife Service list of protected and candidate species (March 3, 2001) and from the North Carolina Natural Heritage Program (NCNHP) database of rare species and unique habitats (NCNHP, 2001). NCNHP files were reviewed for documented occurrences of 4 state and federally fisted species. USFWS Recovery Plans for federal listed species were reviewed, where applicable. A field investigation of natural resources within the project area was conducted on July 25, 2001. Water resources were identified and categorized, and their physical characteristics were documented while in the field. Plant communities and their associated wildlife were also identified and documented. The Classification of Nafural Communities of North Carolina, Third Approximation (Schafale and Weakley, 1990) was used to classify plant communities, where possible. Plant taxonomy was based primarily upon the Manual of the Vascular Flora offhe Carolinas (Radford, et al., 1968). Animal taxonomy was based primarily upon Amphibians and Reptiles of the Carolinas and Virginia (Martof, et al., 1980), Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware (Rohde, et al., 1994), .Birds of the Carolinas .(Potter, et al., 1980), and Mammals of the Carolinas, Virginia, and Maryland (Webster, et a1.,1985). Approximate boundaries of major vegetation communities were mapped while in the field utilizing aerial photography of the project site. Wildlife identification involved active searching of known or suspected species, incidental visual observations, incidental auditory indicators .(such as birdsong and other sounds), and secondary indicators of species presence or site utilization (such as scat, tracks, and burrows). Predictions regarding wildlife community composition were supplemented utilizing a general qualitative habitat assessment based on existing vegetation communities and aquatic habitat. Wetlands subject to regulation by the Corps of Engineers under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. were identified and delineated according to methods prescribed in the 1987 .Corps of Engineers Wetlands Delineation Manual (Technical Report Y-87-1) and the Corps' March 6, 1992 guidance document titled Clarification and Interpretation of fhe 1987 Manual. Values of wetlands delineated were assessed utilizing the Guidance for Rating the Values of Wetlands in North Carolina (NCDEHNR, 1995). Wetland types were classified based on the U.S. Fish and Wildlife Service Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al., 1979). Wetland boundaries were surveyed and recorded in the field using Global Positioning Satellite (GPS) survey methods. B. Physiography and Soils Most of McDowell County lies in the Blue Ridge (Southern Appalachian) Mountains Physiographic Province of western North Carolina, with the exception of the southeastern portion of the county, which lies within the Southem Piedmont Physiographic Province (USDA, 1995). The county encompasses 437 square miles square kilometers) and is primarily rural. The county ranges in elevation from approximately 980 ft mean sea level (msl) along Cane Creek on the Rutherford County line to 5,665 ft msl on Pinnacle Mountain where Buncombe and Yancey Counties abut McDowell County. Elevations within the project area range from approximately 1,500 to 1,520 ft msl, with the stream bed near the bridge lying at approximately 1,500 ft msl. The portion of McDowell County within the project area (NRCS map panel 8 of 10) has been mapped by NRCS under the most recently published soil survey of McDowell County (USDA, 1995). A brief description of mapped and observed soil units is as follows: • Fluvaguents-Udifluvents complex along the stream bed (unmapped but observed). • Elsinboro loam, 1 to 4 percent slopes, rarely flooded phase (EsB). This unit consists mainly of very deep, well-drained, gently sloping Elsinboro and similar soils on low stream terraces along approximately 12 5 .~ inches thick. Permeability is moderate and surface runoff is medium in bare or unprotected areas. The seasonal high water table is more than 5.0 ft below the surface. In the project area, Elsinboro loam occurs along the low terrace bordering the western side of Jackson Creek. Elsinboro loam is not listed as a hydric soil of McDowell County (USDA, 1996). lotla sandy loam, 0 to 2 percent slopes, occasionally flooded phase (IoA). This unit consists mainly of very deep, somewhat poorly drained,.. nearly level lotla and similar soils on floodplains adjacent to streams throughout the country. The surface layer is dark yellowish brown sandy loam approximately 12 inches thick. Permeability is moderately rapid or rapid and surface runoff is slow. The seasonal high water table is 1.5 to 3.5 ft below the surface. In the project area, lotla sandy loam occurs along the lower banks and bed of the Jackson Creek and along the low terrace bordering the eastern side of Jackson Creek. This soil unit is not listed as a hydric soil of McDowell County; however, it is listed as a soil unit that typically contains inclusions of hydric soils (USDA, 1996). C. Water Resources C.1. Waters Impacted A perennial stream, Jackson Creek, comprises the single water resource with the project area. Jackson Creek is located within the headwaters of the Catawba River drainage basin. The Catawba River watershed is the eighth largest drainage basin in North Carolina, encompassing 3,285 square miles. Jackson Creek is between 7 and 10 ft wide .within the project area. The average stream depth observed at the time of field investigation was 7.0 inches. Field investigation occurred the day following a significant rain event and light rain was falling at the time of field investigation. As a result, surface waters were moderately turbid throughout the time of field investigation. Despite the rainfall, water levels appeared at or around the ordinarily high water level and stream velocity was estimated at 1.5 ft per second at the time of field observation. C.2. Water Resource Characteristics The substrate of Jackson Creek in the project area is comprised of sediments ranging in size from fine sand to cobbles. The stream within the project area is relatively straight and appears to have been channelized upstream of the bridge and approximately 50 ft downstream of the bridge. The .stream exhibits a relatively simple trapezoidal cross-section. No sand bars or channel meanders were observed. The stream banks are somewhat low and moderately sloping within the project.area. The stream banks are comprised of unconsolidated poorly sorted sediments of alluvial and colluvial origin. The banks upstream and downstream of the bridge are vegetated primarily with grasses, shrubs, and a few trees. Although not eroded at the time of field investigation, the banks upstream of the bridge exhibit high erosion and potential to fail at high flow. The riparian vegetation zone is not present upstream of the bridge and is less than 20 ft wide downstream of the bridge: Small breaks are present downstream of the bridge where the stream flows through the right-of- way. Vertical bridge abutments laterally confine the stream below the existing bridge. Little evidence of erosion was observed near the bridge at the time of investigation. Under the federal system for cataloging drainage basins, the drainage basin containing the project area is designated as USGS Hydrologic Unit 03050101 (the Upper Catawba River drainage basin). Under the North Carolina DWQ system for cataloging drainage basins, the drainage basin containing the project area is 6 designated as Subbasin Q3-08-30, Catawba River Headwaters. Jackson Creek has been assigned Stream Index Number (SIN)11-12-4-1. Jackson Creek has been assigned a best usage classification of C. The C designation indicates waters that are protected for secondary recreation, fishing, wildlife, fish, and aquatic life propagation and survival, agriculture, and other uses found suitable for Class C waters. Secondary recreation includes wading, boating and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. There are no restrictions on watershed development or types of discharges in Class C waters. No surface waters classified as High Quality Water (HQW), Water Supplies (WS-I or WS-II), or Outstanding Resource Waters (ORW) occur within 0.6 mile of the project area. Jackson Creek does not appear on the Department of Environment and Natural Resources 303d list of waters not meeting water quality standards or which have impaired uses. One method used by DWQ to monitor water quality is through long-term monitoring of macroinvertebrates. No previously monitored or presently monitored benthic monitoring stations exist on Jackson Creek within the project area or upstream of the project within the project vicinity. Discharges that enter surface waters through a pipe, ditch or other well-defined point of discharge are broadly referred to as "point sources". No registered point source discharges are located within 1.0 mile of the project area. C.2. Anticipated Impacts to Water Resources Impacts to water resources in the project area are likely to result from activities associated with project construction. Activities likely to result in impacts consist of clearing and grubbing along stream banks, removal of riparian canopy, instream construction, use of fertilizers and pesticides as part of revegetation operations, and installation of pavement. The following impacts to surface water resources. are likely to result from the aforementioned construction activities: • Short-term increases in sedimentation and siltation downstream of the crossing associated with increased erosion potential in the project area during and immediately following construction. • Short-term changes in incident light levels and turbidity due to increased sedimentation rates and vegetation removal. • Short-term alteration of water levels and flows due to interruptions and/or additions of surface water and groundwater during construction. • Short-term increases in nutrient loading during construction via runoff from temporarily exposed land surfaces. • A short-term increase in the potential for the release of toxic compounds (such as petroleum products). ,from construction equipment and other vehicles. • Changes in and possible destabilization of water temperature regimes due to .removal of vegetation within or overhanging the watercourse. • Increased concentrations of pollutants typically associated within roadway runoff. 7 To minimize potential impacts to water resources in and downstream of the project area, NCDOT's Best Management Pracfices for the Protection of Surface Waters (NCDOT, 1997) will be strictly enforced during the construction phase of the project. Impacts will be minimized to the fullest degree practicable by limiting instream activities and by revegetating stream banks immediately following the completion of grading. C.3. Impacts Related to Bridge Demolition and Removal In order to protect the water quality and aquatic life in the area affected by this .project, the NCDOT and all contractors will follow appropriate guidelines for bridge demolition and removal. These guidelines are.presented in three. NCDOT documents entitled: Pre-Construction Guidelines for Bridge Demolition and Removal, Policy: Bridge Demolifion and Removal in Water of the United States, and Best Management Pracfices for Bridge Demolition and Removal. The superstructure for Bridge No. 264 is composed of a timber floor on steel I-beams. The substructure is composed of yount masonry abutments and a timber helper bent at mid span. Neither the superstructure nor the substructure will create any temporary fill in the creek. However, the removal of the substructure. may create some disturbance of the streambed. If removal of the substructure will create disturbance in the streambed, a turbidity curtain should be used due to sediment concerns. Because no moratoriums apply and Jackson Creek is a Class C water, this project fall under Case 3 (no special restrictions) of the Best Management Practices for Bridge Demolitions and Removal. D. Biotic Resources Living systems described in the following sections include communities of associated plants and animals observed within the project area. These descriptions refer to the flora and fauna in each community and the relationship of these biotic components. Biotic resources assessed as part of this investigation include discernable terrestrial and aquatic communities. The composition and- distribution of biotic communities within the study area are a function of topography, soils, hydrology, and past and present land uses. Terrestrial systems are discussed primarily from the perspective of dominant plant communities and are classified in accordance with the Classification of Nafural Communities of North Carolina: Third Approximation (Schafale and Weakley, 1990) where applicable. Representative animal species likely to inhabit or utilize biotic communities of the projecf area (based on published range distributions) are also discussed. Species observed during field investigation are listed. D.1. Plant Communities Boundaries between contiguous biotic communities are gradational in certain portions of the project area, making boundaries sometimes difficult to delineate. Four discernable terrestrial communities are located within the project area. These communities have been altered to the extent that they cannot be classified as a natural vegetation community under the Classification of Natural Communities of North Carolina. These altered communities consist of: (1) altered right-of-way communities, (2) landscaped and/or developed areas, (3) fallow pastureland, and (4) successional sapling and scrub/shrub communities. In addition to the aforementioned terrestrial components, the aquatic community associated with Jackson Creek was assessed within the project area. 8 e Altered Right-of-Way Communities -- These communities are located along the right-of-way bordering on SR 1103. Vegetation within these areas has been maintained in an early succession through mechanical and possibly chemical vegetation management practices. Well-drained Elsinboro loams and somewhat poorly drained lotla sandy loams underlie these communities. No mature woody plant species were observed within the altered rights-of-way communities. Black Walnut (Juglans nigra) and tulip tree (Liriodendron tulipifera) seedlings, however, were observed. Dominant herbaceous species observed at the time of site investigation include red clover (Trifolium pratense), Curtis' goldenrod (Solidago curtisii), sensitive brier (Schrankia microphylla), common plantain (Plantago major), common ragweed (Ambrosia artemisiifolia), and unidentified grasses (Poaceae). Dominant vine species observed at the time of site investigation include Japanese honeysuckle (Lonicera japonica) and. poison ivy (Toxicodendron radicans). Landscaped andlor Developed Areas -- These areas occur around residential properties located in the northeast, southwest, and southeast quadrants of the project area. The areas appear regularly mowed and contain a large percentage of cultivars and opportunistic plant species. Well-drained Elsinboro loams and somewhat poorly drained lotla sandy loams underlie these communities. Dominant tree species observed within the landscaped and/or developed areas at the time of field investigation include: oaks (Quercus sp.), black walnut (Juglans nigra), and fire cherry (Prunus pensylvanica). Other plant species observed at the time of site investigation include Chinese privet (Ligustrum sinense), black locust saplings (Robinia pseudo-acacia), assorted cultivars, Curtis' goldenrod (Solidago curfisii), crab grass (Digitaria sanguinalis), unidentified grasses (Poaceae), common chickweed (Stellaria media), dandelion (Taraxacum officinale), common plantain (Plantago major), common ragweed (Ambrosia arfemisiifolia), and Japanese honeysuckle (Lonicera japonica). Fallow Pastureland -- This community consists of a fallow pasture located in the northwest quadrant of the project area. The successional .nature of the vegetation and conversations with the landowner confirm that the pasture has lain fallow for several growing seasons. Well-drained Elsinboro loams underlie this community. Species observed in the fallow pasture at the time of field investigation include blackberry (Rubus sp.) seedlings, red clover (Trifolium pratense), common plantain (Plantago major), Queen Anne's lace (Daucus carota), tall fescue (Festuca sp.), bitter nightshade (Solanum dulcamara), common ragweed (Ambrosia artemisiifolia), and unidentified grasses (Poaceae). Successional Sapling and ScrublShrub Communities --These communities occur between the fallow pasture and Jackson Creek in the northwest quadrant of the project area and between the residential property and Jackson Creek in the southwest quadrant. Somewhat poorly drained lotla sandy loams underlie these communities. The successional sapling and scrub/shrub communities, as mapped, support few mature trees. Dominant sapling species observed at the time of site investigation include sycamore (Platanus occidentalis), black walnut (Juglans nigra), tulip tree (Liriodendron tulipifera), black willow (Salix nigra), and fire cherry (Prunus pensylvanica). Dominant shrub species observed at the time of site investigation consists of blackberry (Rubus allegheniensis), multiflora rose (Rosa multiflora), and privet (Ligustrum sp.). Tag alder (Alnus serrulata) occurs within a roadside ditch in the northwest quadrant of the project area. Dominant herbaceous species observed at the time of site investigation include Queen- Anne's lace (Daucus carota), Curtis' goldenrod (Solidago curtisii), goldenrod 9 ., (Solidago sp.), Joe-pye weed (Eupatorium fistulosum), and thistle (Carduus altissimus). Dominant vine species observed at the time of site investigation include Japanese honeysuckle (Lonicera japonica), common greenbrier (Smilax rotundifolia), and poison ivy (Toxicodendron radicans). D.2. Wildlife All of the communities within the project vicinity have been altered or affected by man's activities to varying degrees. Due to forest tract fragmentation common to the project region, species that require large contiguous tracts of forests are not likely to utilize the site on a normal basis. Certain opportunistic wildlife species, such as woodchuck (Marmota monax) and eastern cottontail rabbit (Sylvilagus floridanus), can be expected to utilize edge habitat present within the project area. Due to the relatively small size of the project area and the fact that many wildlife species are capable of moving between and/or utilizing adjoining communities, no distinct terrestrial wildlife habitat can be assigned to any one terrestrial plant community within the project area. The only mammal observed in the project vicinity at the time of field investigation was white-tailed deer (Odocoileus virginianus). Tracks and scat. of raccoon (Procyon lotor) were observed along the stream terraces downstream of the bridge. Other mammals common to the project region which can be expected to periodically utilize habitat of the project area include: Virginia opossum (Didelphis virginiana), shrews and moles (Insectivora), gray squirrel (Sciurus carolinensis), beaver (Castor canadensis), eastern harvest mouse (Reithrodontomys humulis), white-footed mouse (Peromyscus leucopus), golden mouse (Ochrotomys nuttall-), hispid cotton rat (Sigmodon hispidus), eastern woodrat (Neofoma floridana), meadow vole (Microtus pennsylvanicus), woodland vole (Microtus pineforum), muskrat (Ondatra zibethicus), black rat (Ratfus rattus), Norway rat (Ratfus nonregicus), house mouse (Mus musculus), meadow. jumping mouse (Zapus hudsonius), woodland jumping mouse (Napaeozapus insignis), red fox (Vulpes vulpes), gray fox (Urocyon cinereoargenteus), eastern spotted skunk (Spilogale putorius), striped skunk (Mephitis mephitis), and black bear (Ursus americanus). The communities on the project area provide limited but suitable habitat and forage areas for a variety of birds. Birds observed at the time of field investigation include brown thrasher (Toxostoma rufum) and cardinal (Cardinalis cardinalis). Songs and/or calls of the following birds were also noted within the project vicinity at the time of field investigation: common crow (Corvus brachyrhynchos) and American robin (Turdus migratorius). A wide variety of resident and migratory songbirds can be expected to periodically utilize forested tracts immediately to the south of the project area. The open landscaped areas within the project vicinity provide probable hunting grounds for birds of prey, such as hawks and owls. No reptiles or amphibians were observed in the project area at the time of field investigation. A variety of reptile and amphibian species may, however, use the communities located in the project area. These animals include the rat snake (Elaphe obsolefa), eastern box turtle (Terrapene Carolina), five-lined skink (Eumeces fasciatus), two-lined salamander (Eurycea bislineafa), pickerel frog (Rana palustris), and American toad (t3ufo americarius). Fish species are discussed in following sections. D.3. Aquatic Communities The aquatic community consists of Jackson Creek below the ordinary high water line. The dominant aquatic habitats within this section of Jackson Creek consist of cobble/boulder substrate and undercut banks. The stream within the project area is characterized by a poorly defined riffle and run sequence. The several riffles present are not as wide as the stream and do not extend at least twice the width of the stream. Gravel and cobble substrate was 20 to 40 percent embedded on the day of investigation. Pools are absent. The riparian vegetation zone is not present upstream of the bridge and is less than 20 ft wide downstream of the bridge. 10 Breaks are present where the stream flows through the right-of-way. The stream is poorly shaded downstream of the bridge and is not shaded upstream of the bridge. No aquatic vegetation was observed below the ordinary high water line of Jackson Creek at the time of field investigation. Hydrophytic vegetation occurs as very thin bands (less than 3.0 ft wide) along portions of the stream bank. No aquatic vertebrates .were observed within the project area at the time of field investigation. Aquatic invertebrates observed within the project area at the time of field investigation include the following: .crayfish (Cambaridae), snail (Pleuroceridae), mayfly larvae (Heptageniidae), caddisfly larvae (Trichoptera sp.), beetle larvae (Psephenidae), riffle beetle (Elmidae), and damselfly (Agria sp.). Pleuroceridae and Heptageniidae were abundant throughout the project area at the time of investigation. D.4. Anticipated Impacts to Biotic Communities D.4.a. Terrestrial Communities Impacts Potential impacts to plant communities are estimated based on the approximate area of each plant community present within both the proposed right-of-way and the temporary construction limits of any on-site detour or easement that falls outside the estimated permanent right-of-way limit. A summary of potential plant community impacts is presented in Table 2. All plant community impacts are based on aerial photograph base mapping. A portion of the permanent plant community impact amount will consist of proposed right-of-way for the road after the bridge replacement is complete. Impervious surface and open water areas are not included in this analysis. Table 2 Potential Impacts to Plant Communities POTENTIAL IMPACTS ;.PLANT acres COMMUNITY - ALT A (Preferred) ALT B Im acts Temp. lmpacts* Impacts Altered Right-of-Way Communities 0.00 0.00 0.00 Landscaped and/or Developed Areas 0.03- 0.06 0.29 Fallow Pastureland 0.00 0.00 0.00 Successional Sapling and Scrub/Shrub <0.01 0.05 0.15 Communities Total (acre) 0.03 0.11 0.44 TOTAL FOR ALT (acre 0.1 4 0.44 * Note: Temporary construction impacts are based on the portion of the impacts that fall outside the estimated right-of--way limit or impacts of temporary on-site detours. Permanent community impacts for Alternative A represent the least amount of the two alternatives. The plant community with the largest amount of potential permanent and temporary impacts for both alternatives is the Landscaped and/or Developed Areas. 11 y D.4.b. Aquatic Communities Impacts The replacement of Bridge No. 264 over Jackson Creek will result in certain unavoidable impacts to the aquatic community. Probable impacts will be associated with the physical disturbance of the benthic habitat and water column disturbances resulting from changes in water quantity-and quality. Significant disturbance of stream segments can have an adverse effect on aquatic community composition by reducing species diversity and the overall quality of aquatic habitats. Physical alterations to aquatic habitats can result in the following impacts to aquatic communities: • Inhibition of plant growth. • Resuspension of organic detritus and removal of aquatic vegetation that can lead to increased nutrient loading. Nutrient loading can, in turn, lead to algal blooms and ensuing depletion of dissolved oxygen levels. • Increases in suspended and settleable solids that can, in turn, lead to clogging of feeding structures of filter-feeding organisms and the gills offish. • Loss of benthic macroinvertebrates through increased scouring and sediment loading. • Loss of fish shelter through removal of overhanging stream banks and snags. • Increases in seasonal water temperatures resulting from removal of riparian canopy. • Burial of benthic organisms and associated habitat. Unavoidable impacts to aquatic communities within and immediately downstream of the project area will be minimized to the fullest degree practicable through strict adherence to NCDOT's Best Management Practices for the Protection of Surface Waters (NCDOT, 1997) and other applicable guidelines pertaining to best management practices. Means to minimize impacts will include (1) utilizing construction methods that will limit instream activities as much as practicable, (2) restoring the stream bed as needed, and (3) revegetating stream banks immediately following the completion of grading. E. Special Topics E.1. "Waters of the United States": Jurisdictional Issues Surface waters within the embankments of the Jackson Creek are subject to jurisdictional consideration under Section 404 of the Clean Water Act as "Waters of the United States" (33 CFR 328.3). Wetlands subject to review under Section 404 of the Clean Water Act (33 U.S.C. 1344) are defined by the presence of three primary criteria: hydric soils, hydrophytic vegetation, and evidence of hydrology within 12 inches of the soil surface for a portion (12.5 percent) of the growing season (DOA 1987). No wetlands have been mapped within the project study area under the National Wetlands Inventory (NWI) program. The surface waters within Jackson Creek exhibit characteristics of a permanently flooded, upper perennial riverine habitat with an unconsolidated bottom (R3UBH). Jackson Creek is a jurisdictional surface water. E.2. Anticipated Impacts to Waters of the United States Temporary and permanent impacts to surface waters and wetlands are estimated based on the amount of each jurisdictional area within the project limits. Temporary impacts include those impacts that will result from temporary construction activities outside of permanent right-of-way and/or those associated with temporary on- site detours. Temporary impact areas will be restored to their original condition after the project has been completed. Permanent impacts are those areas that will be in the construction limits and/or the right-of.-way of 12 the new structure and approaches. Portions of those areas that are considered temporary impact areas often end up being within the final right-of--way. Potential wetland and surface water impacts are included in Table 3. Table 3 Anticipated Impacts to Surface Waters JURISDICTIONAL AREAS ACTA.(Pieferred) ALT B Impacts Tem .'Impacts* Impacts Perennial Stream Channel Impacts ft 110 0 70 TOTAL FOR ALT ft 110 70 *Note: Temporary construction impacts are based on the portion of the impacts not included in the construction limits for the permanent structure. No jurisdictional wetlands were found within the project study area. Alternative B may impact 70 ft of perennial stream channel. The preferred alternative, Alternative A, incurs the highest amount of jurisdictional impacts. Alternative A may impact 110 ft of perennial stream channel. E.2. Permits Section 404 of the Clean Water Act - In accordance with Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit is required from the USACE for projects of this type for the discharge of dredge or fill material in "Waters of the United States". The USACE issues two types of permits for these activities. A general permit may be issued on a nationwide or regional basis for a category, or categories, of activities when: those activities are substantially similar in nature and cause only minimal individual or cumulative environmental impacts, or when the general permit would result in avoiding unnecessary duplication of regulatory control exercised by another Federal, state, or local agency provided that the environmental consequences of the action are individually and cumulatively minimal. If a general permit is not appropriate-for a particular activity, then an individual permit must be utilized. Individual permits are authorized on a case-by-case evaluation of a specific project involving the proposed discharges. It is anticipated that this project will fall under Nationwide Permit 23, which is a type of general permit. Nationwide Permit 23 is relevant to approved Categorical Exclusions. This permit authorizes any activities, work, and discharges undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another federal agency and that the activity 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 environment. Activities authorized under nationwide permits must satisfy all terms and conditions of the particular permit. However, final permit decisions are left to the discretionary authority of the USACE. Since the proposed project is located in a designated "Trout" county, the authorization of a nationwide. permit by the USACE is conditioned upon the concurrence of the NCWRC. Section 401 Wafer Quality Certification - A 401 Water Quality Certification, administered through the DWQ, will also be required. This certification is issued for any activity which may result in a discharge into waters for which a federal permit is required. According to the DWQ, one condition of the permit is that the appropriate sediment and erosion control practices must be utilized to prevent exceedences of the appropriate turbidity water quality standard. 13 ., E.3. Mitigation The USACE has adopted, through the Council on Environmental Quality (CEQ), a wetland mitigation policy which embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological, and physical integrity of the waters of the United States, specifically wetlands. Mitigation of wetland impacts has been defined by the CEQ to include: avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts over time, and compensating for impacts (40 CFR 1508.20). Each of these three aspects (avoidance, minimization, and compensatory mitigation} must be considered sequentially. Avoidance -Mitigation by avoidance examines appropriate and practicable measures for averting impact to Waters of the United States. A 1990 Memorandum of Agreement between the Environmental Protection Agency (EPA) and the USACE, states that in determining appropriate and practicable measures to offset unavoidable impacts; such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost, existing technology, and logistics in light of overall project purposes. The project purpose necessitates traversing Jackson Creek; therefore, totally avoiding surface water impacts is impossible. Minimization -Minimization of adverse impact to Waters of the United States includes examination of appropriate and practicable measures to reduce such impacts. Implementation of these steps will be required through project modifications and permit conditions. Adverse impacts are typically minimized by decreasing the proposed project footprint through reduction of median widths, right-of-way widths, and/or fill slopes. Other practical mechanisms to minimize impacts to waters of the United States include strict enforcement of sedimentation control BMPs .for protection of surface waters during the entire life of the project; reduction of clearing and grubbing activity; reduction/elimination of direct discharge into streams; reduction of runoff velocity; reestablishment of vegetation on exposed areas, with judicious pesticide and herbicide management; minimization of instream activity; and litter/debris control. No measures are proposed for this project because there are no jurisdictional wetlands within the project study area. Compensatory Mitigation -Compensatory mitigation, including restoration, creation and enhancement of waters of the United States, is typically not considered unless anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent practicable. Further, it is recognized that "no net loss of wetlands" may not be achievable in every permit action. Therefore, compensatory mitigation is required for unavoidable adverse impacts which remain after all appropriate and practicable minimization measures have been required. Compensatory mitigation is not expected to be required for this project. A final determination regarding mitigation requirements-rest with the USACE. 14 ,- F. Protected Species F.1. Federally Protected Species Species with the federal classification of Endangered (E) or Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). Table 4 lists the federal protected species for McDowell County (USFWS list dated February 24, 2003): Table 4 Federally Protected Species Listed for McDowell County Common Name Scientific Name Status Biological Conclusion Bald Eagle Haliaeetus leucocephalus T No Effect Bog Turtle Clemm s muhlenber ii T S/A NIA Small-Whorled Po onia Isotria medeoloides T No Effect Mountain Golden Heather Hudsonia Montana T No Effect ~ hreateneo -any native oronce-native species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its. range. Threatened (S/A) - a species carrying the threatened status due to having a similar appearance to another listed species. Bald. Eagle -The bald eagle is a large raptor. The characteristic adult plumage consists of a white head and tail with a dark brown body. Juvenile eagles are completely dark brown and do not fully develop the white head and tail until the fifth or sixth year. Fish are the primary food source, but bald eagles will also take a variety of birds, mammals, and turtles (both live and as carrion) when fish are not readily available. Adults average about 3.0 ft from head to tail, weigh approximately 10 to 12 pounds and have a wingspan. that can reach 7.0 ft. Generally, female bald eagles are somewhat larger than the males. Habitat includes quiet coastal areas, rivers or lakeshores with large, tall trees. Man-made reservoirs have also provided habitat. The North Carolina Natural Heritage Program's database of rare species and unique habitats was reviewed in September of 2001. No populations of the species have been recorded in the project vicinity. The project area was investigated on 25 July 2001. No individual organisms, populations, or suitable habitat were observed within the project area. BIOLOGICAL CONCLUSION: NO EFFECT Bog Turtle -The bog turtle (Clemmys muhlenbergii) is a small freshwater turtle that has a carapace length of 4.5 inches or less. The surface of the. carapace is rough with growth annuli, (worn smooth on adults) and a dark brown, black or mahogany color. The plastron is hingeless and black with irregular shaped yellow to cream blotches along the midline. Fleshy parts are brown to pink-brown and -may have some red mottles on limbs. A large conspicuous orange, yellow or reddish blotch lies behind both eyes, but is degenerated in old adults. A low medial keel is present in juveniles. They are found in freshwater wetlands characterized by open fields, meadows, marshes, slow moving streams, ditches, or boggy areas. In July and August they aestivate in the soft mud. 15 .~ It is found in freshwater wetlands characterized by open fields, meadows, marshes with slow moving streams, ditches, and boggy areas. In July and August, the turtle aestivates in soft mud. During winter they hibernate below the frost zone in holes, muskrat borrows, clumps of sedges, or the mud of waterways. The North Carolina Natural Heritage Program's database of rare species and unique habitats was reviewed in September of 2001. No .populations of the species have been recorded in the project vicinity. The project area was investigated on July 25, 2001.. No individual organisms, populations; or suitable habitat were observed within the project area.. BIOLOGICAL CONCLUSION: NO SURVEY REQUIRED Mountain Golden. Heather -Mountain golden heather is a low, needle-leaved shrub with yellow flowers and long-stalked fruit capsules. It usually grows in clumps of 4 to 8 inches across and about 6 inches high, and sometimes is seen in larger patches of 1.0 to 2.0 ft across. The plants have the general aspect of a big moss or a low juniper, but their branching is more open; their leaves are about 0.25 inch long; and the plant is often somewhat yellow-green in color, especially in shade. The leaves from previous years appear scale-like and persist on the older branches. The flowers appear in early or mid-June, and are yellow, nearly 1.0 inch across, with five blunt-tipped petals and 20 to 30 stamens. The fruit capsules are on 0.5 inch stalks, and are roundish with three projecting points at the tips. These fruits often persist after opening, and may be seen at any time of the year. Mountain golden heather grows on exposed quartzite ledges in an ecotone between bare rock and Leiophyllum dominated heath balds that merge into pine/oak forest. The plant persists for some time in the partial shade of pines, but it appears less healthy than in open areas. The North Carolina Natural Heritage Program's database of rare species and unique habitats was reviewed in September of 2001. No populations of the species have been recorded in the project vicinity. The project area was' investigated on 25 July 2001. Mountain Golden Heather is reported to occur at elevations ranging from 2,800 to 4,000 ft (msl). The maximum elevation of 1,520 ft (msl) within the project area is considered too low to serve as suitable habitat. No individual organisms, populations, or suitable habitat were observed within the project area. BIOLOGICAL CONCLUSION: NO EFFECT Small•Whorled Pogonia -The small-whorled pogonia is a terrestrial orchid growing to about 10.0 inches high. Five or six drooping, pale, dusty green, widely rounded leaves with pointed tips are arranged in a whorl at the apex of the green or purple, hollow stem. Typically a single, yellowish-green, nearly stalkless flower is produced just above the leaves; a second flower rarely may be present. Flowers consist of three petals, which may reach lengths of 0.7 inch, surrounded by three narrow sepals up to 1.0 inch in length. Flower production, which occurs from May to July, is followed by the formulation of an erect ellipsoidal capsule 0.7 to 1.2 inches in length (Massey et a!. 1983). This species may remain dormant for periods up to 10 years between blooming periods (Newcomb 1977). The small-whorled pogonia is widespread, occurring from southern Maine to northern Georgia, but is very local in distribution. In North Carolina, this species is found scattered locations in the Mountains, Piedmont and Sandhills (Amoroso 2002). Small-whorled pogonia is found in open, dry deciduous or mixed pine-deciduous forest, or 16 ~- along stream banks. Examples of areas providing suitable conditions (open canopy and shrub layer with a sparse herb layer) where small-whorled pogonia has been found include oldfields, pastures, windthrow areas, cutover forests, old orchards, and semi-permanent canopy breaks along roads, streams, lakes, and cliffs (Massey et al. 1983). In the Mountains and Piedmont of North Carolina, this species is usually found in association with white pine (Pinus strobus) (Weakley 1993). There is no suitable habitat for small-whorled pogonia within the project study corridor. The entire corridor is residential and maintained regularly, and there are no forests present. A sparse riparian fringe occurs along part of the Jackson Creek banks. NHP records document no occurrences of small-whorled pogonia within 2.0 miles of the study corridor. BIOLOGICAL CONCLUSION: NO EFFECT F.2. Federal Species of Concern Federal Species of Concern (FSC) are not afforded federal protection under the Endangered Species Act and are not subject to any of the provisions included in Section 7 until they are formally proposed or listed as Threatened or Endangered. In addition to the federal program, organisms that are listed as Endangered (E), Threatened (T), or Special Concern (SC) by the. North Carolina Natural Heritage Program (NCNHP) on its list of Rare Plant and Animal Species are afforded state protection under the N.C. State Endangered Species Act and the N.C. Plant Protection and Conservation Act of 1979. Table 5 lists the Federal Species of Concern for McDowell County, the state status of these species, and the potential for suitable habitat in the project area. The NCNHP database shows no occurrences of FSC within 0.6 mile of the project area as of July 2001. Table 5 Federal Species of Concern (FSC) for McDowell County Common Name Scientific Name Potential Habitat State_ Status Southern Appalachian Woodrat Neotoma floridana haematoreia No SC Alleghen Woodrat Neotoma magister No SC Olive-sided FI catcher Conto us borealis No SC Cerulean Warbler Dendroica cerulea Yes SR Bennett's Mill Cave Water Slater Caecidotea carolinensis No SR Diana Fritillary Butterfl S e eria Diana Yes SR Roan Sed e Carex roanenis Yes C 17 f t Table 5 (continued) Common Name Scientific-Name Potential Habitat. State Status Tall Larks ur Del hinium exaltatum No E Rock Shoal S ider Lil H menocallis coronaria Yes -- Butternut u tans cinerea No --- Cuthbert's turtlehead Chelone cufhbertii No SR Gra 's Lil ilium ra i No T Sweet Pinesa Monotropsis odorata No C Northern Oconee-bells Shortia alacifolia var. brevist la No E Endangered (E) -any native oronce-native species in danger of extinction throughout all or a significant portion of its range. Threatened (T) -any native oronce-native species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. Special Concern (SC) -any species which requires monitoring but which may be collected and sold under specific regulations. Candidate(C) - a species for which USUSFWS has enough information on file to support proposals for listing as endangered or threatened. Significantly Rare(SR) -species which are very rare, generally with 1-20 populations in the state, and generally reduced in numbers by habitat destruction. F.3. .Summary of Anticipated Impacts The proposed project is not anticipated to impact any threatened or endangered species. VI. 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 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 listed in or eligible for inclusion in the National Register of Historic Places and to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on such undertakings. This project has been coordinated with the North Carolina State Historic Preservation Officer (SHPO) in accordance with the Advisory Council's regulations and FHWA procedures. B. Historic Architecture A field survey of the Area of Potential Effects (APE) for Bridge No. 264 was conducted on November 13, 2002. All structures within the APE were photographed, and later reviewed by the State Historic Preservation Office (HPO). In a concurrence form dated June 20, 2003 the State Historic Preservation Officer (SHPO) concurred that there are no historic architectural resources either listed or eligible for listing in the National Register of Historic Places within the APE. A copy of the concurrence form is included in the Appendix. 18 ~- C. Archaeology An archaeological survey was completed in the project's APE. No archaeological remains were identified during the survey, and no previously identified archaeological sites were located within the APE. Therefore, this undertaking will not affect any archaeological sites on or eligible for the National Register of Historic Places and no additional archaeological research was recommended. In a memorandum dated October 29, 2003 the SHPO concurred with this recommendation since the project will not involve significant archaeological resources. VIII. ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact. Replacement of the inadequate bridge will result in safer traffic operations. The project is considered- a Federal "Categorical Exclusion" due to its limited scope and lack of substantial environmental consequences. Replacement of Bridge No. 264 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 aftemative. 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. In compliance with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations) the project would not disproportionately impact any minority or low- income populations. The studied route does not contain any bicycle accommodations, nor is it a designated bicycle route; therefore, no bicycle accommodations have been included as part of this project. This project has been coordinated with the United States Department of Agriculture, Natural Resources Conservation Service. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impact to prime farmland for all land acquisition and construction projects. The proposed project involves replacing the bridge in its existing location; therefore, no impacts to prime or locally important farmland are anticipated. No publicly owned parks or recreational facilities, wildlife and waterfowl refuges, or historic sites of national, state or local significance in the immediate vicinity of the project will be impacted. 19 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. No adverse effects to air quality are anticipated from this 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. Since the project is located in an attainment area, 40 CFR Part 51 is not applicable. If vegetation or wood debris is disposed of by open burning, it 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 and 1990 Clean Air Act Amendments and the National Environmental Policy Act. This evaluation completes the assessment requirements for air quality, and no additional reports are required. Ambient noise levels may increase during the construction of this project; however this increase will be only temporary and usually confined to daylight hours. There should be no notable change in .traffic volumes after this project is complete. Therefore, this project will have no adverse effect on existing noise levels. Noise receptors in the project area will not be impacted by this project. This evaluation completes the assessment requirements for highway noise set forth in 23 CFR Part 772. No additional reports are required. The NCDOT Geotechnical Unit determined that no underground storage tanks or areas of other contamination were present at or near the project study area. McDowell County is a participant in the Federal Flood Insurance Program.. The project is located in an Approximate Study Area. The replacement structure is proposed as an in-kind replacement and in the absence of historical problems, increased flood impacts associated with this bridge replacement are not anticipated. The approximate 100-year floodplain in the project study area is shown in Figure 5. Geotechnical borings for the bridge foundation will be necessary. Based on the above discussion, it is concluded that no substantial adverse environmental impacts will result from the replacement of Bridge No. 264. IX. .PUBLIC INVOLVEMENT Due to the isolated nature of this bridge replacement project, no formal public involvement program was initiated. Efforts were undertaken early in the planning process to contact local officials to involve them in the project development with a scooping letter. XI. AGENCY COMMENTS Agencies have commented on the proposed bridge replacement (see letters in the Appendix). These comments were noted and considered during the environmental and design processes. 20 X. REFERENCES Cowardin, Lewis M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. U.S. Government Printing Office, Washington D.C. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Hanson III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press. Chapel Hill, North Carolina. 264pp. North Carolina Department of Environment and Natural Resources, Division of Water Quality, Basinwide Planning Program. December 1999. Catawba River: Basinwide Water Quality Management Plan. Accessed September 2001. http://h2o.enr.state.nc.us/basinwide/catawba wq management plan htm. North Carolina Department of Environment and Natural Resources, Division of Water Quality. 2004/ The North Carolina Integrated Report [the 305(b) and 303(d) Report] (Final report 2002 and Draft report April 2004) http;//h2o.enr.state.nc.us/tmdl/General 303d htm North Carolina Department of Environment and Natural Resources, Division of Water Quality. 2000. Watershed Restoration Action Strategy. (as revised through 2 February 2000) Raleigh, North Carolina North Carolina Department of Environment and Natural Resources. 2001. Basinwide Information Management System. North Carolina Water Bodies Reports: Catawba River. Accessed 10 September 2001. http://h2o.enr.state.nc.us/bims/reports/basinsandwaterbodies/hydro/catawba pdf. North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management. 1993. Classifications of Water Quality Standards for North Carolina River Basins, Raleigh, North Carolina. North Carolina .Department of Environment, Health, and Natural Resources, Division of Environmental Management. 1.995. Guidance for Rating the Values of Wetlands in North Carolina, Fourth Version. North Carolina Department of Transportation. 1997. Best Management Practices for Protection of Surface Waters. North Carolina Natural Heritage Program. 1999. Natural Heritage Program List of the Rare Animal Species of North Carolina. Raleigh, North Carolina. North Carolina Natural Heritage Program. 1999. Natural Heritage Program List of the Rare Plant Species of North Carolina. Raleigh, North Carolina. North Carolina Natural Heritage Program. 2001. Element- Occurrence Search Report: McDowell County, North Carolina. http://www.ncsparks.net/nhp/search.html. Updated July 2001. Potter, E.F., J.F. Parnell, and R.P Teulings. 1980: Birds of the Carolinas. The University of North Carolina Press. ChapeLHill, North Carolina. 21 y Radford, A.E., H.E. Ahles, and C.R. Bell. 1987. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press. Chapel Hill, North Carolina. Rohde, F.C., R.G. Arndt, D.G. Lindquist, and J.F. Parnell. 1994. Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware. The University of North Carolina Press. Chapel Hill, North Carolina. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Raleigh, North Carolina. U.S. Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87- 1. Environmental Laboratory, Vicksburg, Mississippi. U.S. Army Corps of Engineers. 1992. Clarification and Interpretation of the 1987 Manual. Memo to USACE district from Headquarters, U.S. Army Corps of Engineers, Washington D.C., 6 March 1992, signed by MG Arthur E. Williams, Directorate of Civil Works. U.S. Department of Agriculture, Natural Resources Conservation Service and the National Technical Committee for Hydric Soils. 1996. NRCS National Hydric Soils List. U.S. Department of Agriculture, Natural Resources Conservation Service. 1995. Soil Survey of McDowell County, North Carolina. U.S. Fish and Wildlife Service. 1995. National Wetlands Inventory Map, Moffitt Hill 7.5' Quadrangle, North Carolina. U.S. Fish and Wildlife Service, Region 4: Southeast Region, North Carolina Ecological Services. 2001. Threatened and Endangered Species in North Carolina: McDowell County. Updated 22 March 2001. http://nc-es.fws.gov/es/countyfr.html U.S. Geological Survey. 1994. Moffitt Hill, North Carolina, Topographic Quadrangle (7.5-minute series). Webster, W.D., J.F. Parnell, and W.C. Biggs. 1985. Mammals of the- Carolinas, Virginia, and Maryland. The University of North Carolina Press. Chapel Hill, North Carolina. 22 FIGURES -- •.,,. ,,~ ~ , : NORTH CAROLINA •ti DEPARTMENT OF TRANSPORTATION SR 1103 Replace Bridge No. 264 over Jackson Cnaek McDowell County, North Carolina TIP NO. B,4192 PROJECT VICINITY MAP Not to Scale FIGURE 1 'r #i S -s s 6 s ~ u~x. 1 s '~ `~ ~~ ._~_ ~ i ~ i I~~lI ~~ ~ ~ ~ I I 7rnv ~ ~? I ~ , .~ rn ~~ o ---- ~~ I o © II \ \ \ / ~ ©© ~©© I POT -L- Sto.10*00.00 ~~~ ~. , ~ I D , ;- ~ , Q.,,, ,, ( I ~ 1 Q y ~~ ~ - ~ II , '~.- ~~ . rn Q xl ~ ~ ~i r m © ~i- I ~~~ I1~ b~2 R _ ~ ~~ I I NAB _ ~ Iv I y~ Q ~ Q~xl I^o ° q_I ~X~_~ a i ~ ~i n ..~-,,,..----s-" I Q ~' , ~ ~ ~J I .--- i- o w n ~~ 1 \... I I k ~ ~ ~ ~. ~ .~~ ~ ~ ~ o ~ ~ a ~ ...~----.~ X fl ~' a -L- "~ €~ ~ _x ~ ~ i ~~ ~~~ y~OD'U \ ~ii• "u u~ \,~ \ wo w~ ~, ~~~~ =---~ ~~ t, t~ c~ ^ i €~ \ ~~ ~ ~O N ~ 'D A ~~ ~ ~ ^ ~ ~ ti~ , Ir b ~ ~ ~ ~ 4 ° z ~~ R 4) w 1" -'! 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X30NI dVW 33W OOZ ~0~ OSI 13N11d S~'~ Q~.Ld3IOd2tO~I~II QI~I~ ~'l~II'I02I~d~ H.L2tOi~t `~.~xno~ Zz~oaov~ XION3ddtl . - `+~( ' - State of North Carolina Department of Environment and Natural Resources Division of Water. Quality Michael Easley, Governor Bill Ross, Secretary Gregory Thorpe, Director June 18, 2002 `sue NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Memorandum To: William T. Goodwin, Jr., PE, Unit Head Bridge Replacement Planning Unit Project Development and. Environmental Analysis Branch Through: John Do NC Divisic~ o Wa e Quality From: Robert Ridings ,/~3~,i~ NC Division of Water Quality ~ Subject: Review of Natural Systems Technical Reports for bridge replacement projects scheduled for construction in CFY 2005: "Green Light" Projects: B-4077, B-4082, B-4090, B-4152, B-4248, B-4036, B-4059, B-4060, B-4155, B-4158, B-4177, B-4178, B-4198, B-4197, B-4194, & B On all projects, use of proper sediment and erosion control will be needed. Sediment and erosion control measuies should not be placed in wetlands. Sediment should be removed from any water pumped from behind a cofferdam before the water is returned to the stream. This office would prefer bridges to be replaced with new bridges. However if the bridge must be replaced by a culvert and 150 linear feet or more of stream is impacted, a stream mitigation plan will be needed prior to the issuance of a 401 Water Quality Certification. While the NCDWQ realizes that this may not always be practical, it should be noted that for projects requiring mitigation, appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification For permitting, any project that falls under the Corps of Engineers' Nationwide Permits 23 or 33 do not require written concurrence by the NC Division of Water Quality. Notification and courtesy copies of materials sent to the Corps, including mitigation plans, are required. For projects that fall under the Corps of Engineers Nationwide Permit 14 or Regional General Bridge Permit 31, the formal 401 application process will be required including appropriate fees and mitigation plans. Any proposed culverts shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions are to be maintained above and below locations of culvert extensions. Wetlands/401 Unit 2321 Crabtree Blvd_ Suite 250 Raleigh, North Carolina 27604 Telephone 919-733-1786 FAX #733-6893 US Fish and Wildlife Service 160 Zillicoa Street Asheville, NC 28801 Phone 828-2~8-3939 Ext 237, Fax 828-2~8-330 MEMO FOR: William T. Goodwin. P.E. DATE: lone 27, 2002 FROM: Marella Buncick SUBJECT: Review of NCDOT 200 Bridge Program I have completed initial review of the approximately 70 proposed bridge replacements for NCDOT Divisions 9-14 for the year 200. I tivould like to commend NCDOT for obtaining the natural resource information up front and allowing the agencies to review the proposals and provide comments so early in the process. It was a large volume of work for everyone involved but I feel that the input will be much more meaningful at this earIv planning stage. Attached is a spreadsheet with specific comments for each project reviewed. All of the projects have been assigned a Green, 1'ello~v, or Red ranking depending on the resources affected and the need for future consultation. As you will note, the majority of the projects received a Yellow ranking. This is dtte in large part to the fact that there are unresolved issues related to listed species. Many of these projects likely will become Green projects after further field review. 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) actions are subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. I also have general comments regarding the process and reports. My general comments follow. Report Content and Organization I. The reports would be more easily handled if they were not spiral or otherwise bound. 2. Maps need to be much better. Without a significant landmark-- highway, larger town, other feature - it sometimes took a long time to figure out the location of the project within a county. 3. The reports were organized somewhat similarly, but more consistency would aid in the review process. Perhaps a table that has the significant features ---stream width, depth, DWQ class, etc.--also would help. 4. For listed species, it often was difficult to tell whether field surveys had been conducted or whether the information was limited to a database search. ~. In the future, I would appreciate having the Rosgen stream classification included as part of the information. Listed Species Surveys Projects currently ranked as Yellow will need to be reviewed in the future after the stated issues are resolved. For those reports with unresolved issues related to listed species, I would recommend that NCDOT wait until closer to implementation time to conduct final surveys: In general, after three to five years we need updated information regarding the project and listed species. Additionally, when aquatic species are involved (particularly mussels) several surveys may be required to adequately determine presence or absence. The three projects receiving a Red ranking will need to be followed very closely to determine future consultation requirements. These include B-=I287 (actually 2 bridge replacements), B-4286, and B-4282. These projects were ranked as Red because of the significance of the number of listed resources potentially affected and the river (either main stem or tributary) involved. I would. encourage NCDOT to require consultants to at least assess habitat for the bog turtle. While the bog turtle technically does not require Section 7 consultation; it is a species of concern and NCDOT inactively managing mitigation sites or parts of sites for this species. Additionall}~, the \~1ildlife Resources Coriunission considers this animal rare in NC and participates actively in surveys and conservation efforts on'its behalf. Bridge Design and Construction Practices I am assuming that FWS comments/reconunendations in the past regarding bridge design, demolition, and construction practices will be folded into each of these projects. Since NCDOT is also working on a BivIP manual that covers these practices, I think it would be redundant to state them again. However, if any questions arise; please let me Know. I would like to emphasize that eve prefer off-site detours wherever possible, to minimize effects to resources. ;~`~ ~~<. ..r Each of these projects has been assigned a log number. Please refer to these numbers in future requests regarding the subject projects. Tharil: you again for the opportunity to provide these comments. If you have questions, please let me know. O O N >- 0 n v n T .~ N O O N (O C IU E O >~ ! ~~~ V M N r- ~~' cD O O ~- N M V~ in c0 tD B O O V .- M O Ur M N~ N: ~- cU V B O O ~:T : O O O O O o0 i O m ~~ c0 N :A of a~ M O v7 O O ~ Q~ f~ 1~ O~ Cn :p o0 6i `: M; Q ~T V V V M: M: M. 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AI A`AI•A ~' tD ~ O O. t0 cD .:N f. V ~! v I"~f N , N : ~l : ' ~ I ~ O " W : p~ Q7 ~ Q~ ~;~ W ~. •-+ N :NIN N N I -~ r - J1fT~O.~tD~OD,t.N'FW A ~-J.i CT~WI WI :.JIB OO "CA:A W: NICTI _'''-cD '~J Ai WiN -.I OItD~I OO c <~ m O O T N 6 a m -o 0 m -< N O 0 ~~ C~TI~EN~ PARTICIPATIQN ~f:CEIVED ~ti C~ ~ 2003 North Carolina Department of Guttural Resources State Historic. Preservation Office David L. S. Brook, Administrator Michael F. Earley. Governor Lisbeth C. Evans, Secretary Division of Historical Resources Je~ey J. Crow, Deputy Secretary Office of Archives and History October 29, 2003 MEMORANDUM TO: Matt Wilkerson, Archaeology Supervisor Project Development and Environmental Analysis Branch NCDOT Division of Highways FROM: David Brook ~~~ SUBJECT: Replacement of Bridge No. 264 on SR 1103, TIP B04192, McDowell County, ER02-8518 Thank you For your letter of August 20, 2003, transmitting the archaeological survey report by Coastal Carolina Research, Inc. for the above project. During the course of the survey, no sites were located within the project area. The report authors have recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since the project will not involve significant archaeological resources. 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. 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. In all future communication concerning this project, please cite the above- referenced tracking number. cc: Loretta Lautzenheiser, Coastal Carolina Research, Inc. ADMINISTRATION RESTORATION SURVEY & PLANNIN(: www, h Location 507 N. Dlount St., Raleigh NC S 1 S N. Dluunt St., Raleigh NC S I S N. 131ount St., Raleigh NC cr.state.nc.us Mailing :\ddress 4617 Mail Service Center, Raleigh NC 27699-461'7 4617 Mail Service Center, Raleigh NC.2 7699-46 1 7 4617 Mail Service Center. Raleigh NC 2 7 69916 1 7 Telephone/Faz (919) 733-1763 • 733-8tiS3 (919) 733-6847 • 7 Y5-1801 (919)733-6545 + 715.4801 F~deral.9ic1;~ RRZr')Osrt'2) ~If ~ K-4i~.: C.'otrrl>>• ti'!cUo«•etf r LO:~L'I:~~2~;~'C;E F~'~Ro'I FOR P~GPERTIES NO"T Ei:IGIBI,F_ I,O~ THE NATIf1':y AL REGISTEFd OF' HISTE)I2IC PLACES '~Tio="'i ~'_~"< ili: i~ - ~:i;.~~:BC? Ql"34 e~;~i r,, e, b-t GR SR Ij~3, ~cT.?curet! t:'ns:;Zty O:. .butte yrJ.'~t~ ~ .~~trs~ntwav~, •:~f tr:_ uj ~orrh Carc?i~a i~e*~an~~ent of Trat:spartation fNC•DC;T} E~ed:_rai Hich«'ay r.dnlinistration (: t-H`~~ A) Q Lorih C~ar•olina ~i;~_;. ;-)i_'ori,~ N~eser,:a:ion Ut~ice (t~pt~j Reviewed the suh}ect plo~ect a ~cepu~g rnezting F"NlJiorSC .uch;tectt:rat resources }-~;lvtagrph review scssion;coasuttac;c:, n Other hiI pa-ties ACF3Cfl: a~+:°~: ~ p-0 ='i'.(:S ~`"-" i.eF:. ~~w'S i~it~ ~': ii:llII iil° F%tG}'•Ct': arra of r~:;t..ntia? e;x~ct_ . ?`nez a;z r:~ ;:.. Tiae;e GrC'. n0 prvpeii;2S iE:SS tt'id?7 iii;V )'CiSS' QI~ ~'rICi1 are CVIISide; ed to meetT,"riteVri3 l_.ortS:~e`:~i.::t! !~? ~~^.lill(S lhl` ptnject~s area e`^~,en.tai ~ect~. r ` '' ~; There a;e pro; erties over fi;ty y°ars ::}~ within the project's Area o Peterttia'_ Effects %AP):}, ~tst bascu an the hisi~~ricat :rLOr*natic;n•a~ailabie anti :}ie. phQto~x~hs of erch;.~roperi~:, tte property identafed as ~ : - Brid, a \r~- 2S~ is coasiderc:d >iot e!igib?~ fUr :•Tt~ i~;fl[t4:?91 Regls'er •and ro fur_her eva?aatian :,f it ii ntcessary-. there fire r_a hatiouai R(;Yi.ster-used c'r Study Lisied properties ~+•ithir: the prrji;cr's area ni GGt.'31iia":1 eff:-cts_ L\~ Af n_ 7Y.."L?°S ~C~~i2r til:ilY ~J r('•3r5 ~i' 3cC i()C,22~~ FSl E~iti APE ha`:"~: ~J~~!'1 CU,'1S3QCr:'.~ .°.Z I_i?:S i:Uf141:~t3IlOrZ..:d:+T }I~-~.i upor. the 2bQVe iC)nClL~r~.I]Ce; a}! Ggtrr'~E;3rtce for hisieric arc~tisecture v:lC;? ~.Ct1(:T1 } l)b Ui L}'t~ ~i;1t1G:'tai %'~tSti%Ilt: Yru~::r•: •~.tictr A:;t a 7 ~ 5 ? ~ ?-i2i:a ~..~ been cetr'ciet±.d for this nrojec;t. ~(~ T?±t'rA 3S'Z Lt~ Mt :'i!1"~~: }2rO~2cCY1::S 3ti°Ctt'(} by' th15 project. ~.~Y1GCj7 UY.y +tcilE'.S yr ifvCii.'7"!L';IJ. ~~ n~c'de~; S;~ed: Renreseni~tlva. ~~Ci:0i~ I?~tc. ~ -~. J.r'`' 1 i' P~` FI~Y4':A, PO! L:1C' r2:vLSiUIl ~ C}"'.1i21S~'ctC,r: O+ :i~h<^r ~e(?~C31 :~Ce1Gy iizie -- ~~ ~.~ ~-~ ?~~ t _.. RepresentcltiV'~. H.~?O r)3t~ Cam.` Mate Historsc i';eservatio:: •:rice: t`~~ i~dtc ?! ~ i~l' , ~~ i c .."i : = ]S?.~ :... u. 3 ::OFa C~-)pv q1 }l:S :UT'1 3JtG the 3I18a.:~J a S: v.l:; ?: ,INi~.1.]^_t!. t. i ~~~ ~a w+ ~ ~~ .._ ~ ~ s ,~~~. STATE OF NORTH CAROLINA DEPARZT/IENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR May 12, 2006 Mr. William D. Gilmore, P.E. EEP Transition Manager Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Sir: O~ ~~ n,, ~qy ~(% SgNp ~'qT ~,~~ ST~F~U'9(/ 6 q~_ry LYNDO TIPP] SECRETARY Subject: Request for mitigation for the proposed replacement of Bridge No. 264 on SR 1103 (Bat Cave Road) over Jackson Creek. Federal Aid Project No. BRZ-1103(12), State Project No. 8.2872801, WSS Element 33549.1.1, TIP No. B-4192, in NCDOT Division 13. McDowell County The purpose of this letter is to request. that the North Carolina Ecosystem Enhancement Program (EEP) will confirm to provision of compensatory mitigation for the above referenced project. NCDOT proposes to replace Bridge No. 264 on the existing alignment with a triple 7 feet by 7 feet chambered reinforced concrete box culvert. There will be 131 linear feet of permanent fill in surface waters and 92 linear feet of temporary impacts. There are no jurisdictional wetlands within the project area. Traffic will be maintained via a signalized on-site detour lane. Resources Under the Jurisdiction of the Section 404 and 401 of the Clean Water Act. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent. possible. An application for a Nationwide Permit will be submitted upon receipt of acceptance of this mitigation. The project is located in the Blue Ridge Mountains Physiographic Province in McDowell County in the Catawba River basin in Hydrological Cataloguing Unit 03050101, Subbasin 03-08-30. Jurisdictional impacts and proposed compensatory mitigation are as follows: MAILING ADDRESS: TELEPHONE: 919-715-1334 or LOCATION: NC DEPARTMENT OF TRANSPORTATION 919-715-1335 PARKER LINCOLN BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 2728 CAPITAL BLVD. SUITE 240 NATURAL ENVIRONMENT UNIT FAX: 919-715-5501 RALEIGH NC 27604 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 WEBSITE: WWWNCDOT.ORG ~. Permanent stream impacts to 131 linear feet of Jackson Creek,' DWQ# 11-12-4-1. The impacts will be to a second order stream or greater, perennial stream, classified as a cool water stream. Compensatory mitigation is proposed to consist of mitigation provided by the EEP for 131 linear feet of stream impacts. Please send the letter of confirmation to Ms. Angie Pennock (USAGE Coordinator) at U. S. Army Corps of Engineers Regulatory Field Office, 151 Patton Avenue, Room 208 Asheville, NC 28801-5006. Ms. Pennock's FAX number is (828) 271-7950. In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a formal letter from EEP indicating their willingness and ability to provide the mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Brian Wrenn of NCDWQ, with copies submitted to NCDOT. If you have any questions or need additional .information please call Jeff Hemphill at (919) 715-1458. Sincerely, - ~ "' ~-,- Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development & Environmental Analysis Branch Cc: John Hennessy, NCDWQ Brian Wrenn, NCDWQ Steve Lund, USAGE Linda Fitzpatrick, NCDOT Natural Environment Unit Omar S. Sultan, NCDOT, Program ManagementlScheduling Unit Todd Jones, NCDOT External Audit Branch Jeffrey Hemphill, NCDOT Natural Environment Unit ~ ~~ `~ a,,,..~ O STATE OF NORTH CAROLINA ~yo9yo~~i ~ `~ 9 DEPAR'IT/IENT OF TRANSPORTATION s~~''9oG~~ `'~o~, ~ ~ ~- a MICHAEL F. EASLEY L~r1~~TIPPETT GOVERNOR S TARY May 12, 2006 Mr. William D. Gilmore, P.E. EEP Transition Manager Ecosystem Enhancement Program 1652 Mail Service Center =~ Raleigh, NC 27699-1652. Dear Sir: Subject: Request for mitigation for the proposed replacement of Bridge No. 264 on SR 1103 (Bat Cave Road) over Jackson Creek. Federal Aid Project No. BRZ-1103(12), State Project No. 8.2872801, WBS Element 33549.1.1, TIP No. B-4192, in NCDOT Division 13. McDowell County The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program (EEP) will confirm to provision of compensatory mitigation for the above referenced project. NCDOT proposes to replace Bridge No. 264 on the existing alignment with a triple 7 feet by 7 feet chambered reinforced concrete box culvert. There will be 131 linear feet of permanent fill in surface waters and 92 linear feet of temporary impacts. There are no jurisdictional wetlands within the project area. Traffic will be maintained via a signalized on-site detour lane. Resources Under the Jurisdiction of the Section 404 and 401 of the Clean Water Act. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible. An application for a Nationwide Permit will be submitted upon receipt of acceptance of this mitigation. The project is located in the Blue Ridge Mountains Physiographic Province in McDowell County in the Catawba River basin in Hydrological Cataloguing Unit 03050101, Subbasin 03-08-30. Jurisdictional impacts and proposed compensatory mitigation are as follows: MAILING ADDRESS: TELEPHONE: 919-715-1334 or LOCATION: NC DEPARTMENT OF TRANSPORTATION 919-715-1335 PARKER LINCOLN BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 2728 CAPITAL BLVD. SUITE 24O NATURAL ENVIRONMENT UNIT FAX: 919-715-5501 RALEIGH NC 2764 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 WEBSITE: WWW.NCDOT.ORG • Permanent stream impacts to 131 linear feet of Jackson Creek, DWQ# 11-12-4-1. The impacts will be to a second order stream or greater, perennial stream, classified as a cool water stream. Compensatory mitigation is proposed to consist of mitigation provided by the EEP for 131 linear feet of stream impacts. Please send the letter of confirmation to Ms. Angie Pennock (USAGE Coordinator) at U. S. Army Corps of Engineers Regulatory Field Office, 151 Patton Avenue, Room 208 Asheville, NC 28801-5006. Ms. Pennock's FAX number is (828) 271-7950. In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a formal letter from EEP indicating their willingness and ability to provide the mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Brian Wrenn of NCDWQ, with copies submitted to NCDOT. If you have any questions or need additional information please call Jeff Hemphill at (919) 715-1458. Sincerely, ` Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development & Environmental Analysis. Branch Cc: John Hennessy, NCDWQ Brian Wrenn, NCDWQ Steve Lund, USAGE Linda Fitzpatrick, NCDOT Natural Environment Unit Omar S. Sultan, NCDOT, Program Management/Scheduling Unit Todd Jones, NCDOT External Audit Branch Jeffrey Hemphill, NCDOT Natural Environment Unit -~ 0 S~~'I~l , ~~ ~ ~~ ~. PROGRAM May 15, 2006 Mr. Steve Lund U. S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Dear Mr. Lund: Subject: EEP Mitigation Acceptance Letter: ~1 {a F2.g.. V a..*s-~A ~/~ i~ J 1k~~' 9j~~b,. ~~~~ B-4192, Replace Bridge Number 264 over Jackson Creek on SR 1103 (Bat Cave Road), McDowell County; Catawba River Basin (Cataloging Unit 03050101); Northern Mountains (NM) Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory stream mitigation for the unavoidable impact associated with the above referenced project. As indicated in the NCDOT's mitigation request letter dated May 12, 2006, compensatory stream mitigation from EEP is required for approximately 131 feet of stream impacts. Mitigation for this project will be provided in accordance with Section X of the Memorandum of Agreement between the N. C. Department of Environment and Natural Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers signed on July 22, 2003. EEP commits to implement sufficient compensatory stream mitigation up to a 2:1 ratio to offset the impacts associated with this project by the end of the MOA year in which this project is permitted. If the impacts change from the above listed amount, then this mitigation strategy letter will no longer be valid and a new mitigation strategy letter will be required from EEP. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, Liam D. Gilmore, P.E. EEP Director cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4192 North Carolina Ecosystem Enhancement Program, Ib52 Mail Service Center, Raleigh, NC 21699-Ib52 / 919-115-041b / www.nceep.net ~', - -~-~ ~ o .stem ~.~ ~ ~~~~ PROGRAM May 15, 2006 Mr. Gregory J. Thorpe, Ph.D. Environmental Management 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: EEP Mitigation Acceptance Letter: B-4192, Replace Bridge Number 264 over Jackson Creek on SR 1103 (Bat Cave Road), McDowell County The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory stream mitigation for the subject project. Based on the information supplied by you in a letter dated May 12, 2006, the impacts are located in CU 03050101 of the Catawba River Basin in the Northern Mountains (NM) Eco-Region, and are as follows: Stream: 131 feet Mitigation for this project will be provided in accordance with the Memorandum of Agreement between the N. C. Department of Environment and Natural Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers signed on July 22, 2003. EEP will commit to implementing sufficient compensatory stream mitigation to offset the impacts associated with this project by the end of the MOA year in which this project is permitted. If the above referenced impacts amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. incerely, ~. W lli m D. Gilmore, P.E. E Director cc: Mr. Steve Lund, USAGE-Asheville Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4192 .~ NCDENR North Carolina Ecosystem Enhancement Program, l65~ Mail Service Center, Raleigh, NC 27699-1652 / 9t9-715-0476 / www.nceep.net Y ~- ~ ,CO S~C~ ~ ~ Y PROGRAM It "~Q Fife ~ ~~ S ~ 2 May 15, 2006 `r''9~~~? ~p gyp •,2, ~, °~~9~~/r 06' C~° ~~ Mr. Steve Lund ~y~~ U. S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Dear Mr. Lund: Subject: EEP Mitigation Acceptance Letter: B-4192, Replace Bridge Number 264 over Jackson Creek on SR 1103 (Bat Cave Road), McDowell County; Catawba River Basin (Cataloging Unit 03050101); Northern Mountains (NM) Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory stream mitigation for the unavoidable impact associated with the above referenced project. As indicated in the NCDOT's mitigation request letter dated May 12, 2006, compensatory stream mitigation from EEP is required for approximately 131 feet of stream impacts. Mitigation for this project will be provided in accordance with Section X of the Memorandum of Agreement between the N. C. Department of Environment and Natural Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers signed on July 22, 2003. EEP commits to implement sufficient compensatory stream mitigation up to a 2:1 ratio to offset the impacts associated with this project by the end of the MOA year in which this project is permitted. If the impacts change from the above listed amount, then this mitigation strategy letter will no longer be valid and a new mitigation strategy letter will be required from EEP. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, ' Liam D. Gilmore, P.E. EEP Director cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4192 ~; N North Carolina Ecosystem Enhancement Program, Ib52 Mail Service Center, Raleigh, NC 21699-1652 / 919-115-047b / www nceep.net ,t c' l ~` - 0 S~~IT1., ~~.. ~ .:~ PROGRAM May 15, 2006 Mr. Gregory J. Thorpe, Ph.D. Environmental Management 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: EEP Mitigation Acceptance Letter: B-4192, Replace Bridge Number 264 over Jackson Creek on SR 1103 (Bat Cave Road), McDowell County The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory stream mitigation for the subject project. Based on the information supplied by you in a letter dated May 12, 2006, the impacts are located in CU 03050101 of the Catawba River Basin in the Northern Mountains (NM) Eco-Region, and are as follows: Stream: 131 feet Mitigation for this project will be provided in accordance with the Memorandum of Agreement between the N. C. Department of Environment and Natural Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers signed on July 22, 2003. EEP will commit to implementing sufficient compensatory stream mitigation to offset the impacts associated with this project by the end of the MOA year in which this project is permitted. If the above referenced impacts amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. incerely, ~. W lli D. Gilmore, P.E. E Director cc: Mr. Steve Lund, USACE-Asheville Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4192 e~ North Carolina Ecosystem Enhancement Program,1652 Mail Service Center, Raleigh, NC 21699-Ib52 / 919-115-0416 / www.nceep.net 1 1 1 1 1 1 1 1 1 REPLACE BRIDGE NUMBER 264 ON SR 1103 OVER JACKSON CREEK MCDOWELL COUNTY, NORTH CAROLINA TIP NUMBER B-4192 STATE CONTRACT NUMBER A303718 STATE WORK ORDER NUMBER 8.2872801 NATURAL RESOURCES TECHNICAL REPORT B-4192 NEAR ._ ~~,<<,,;; .::r66 Cfi~~1}~5~~''f~', PREPARED FOR: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH FEBRUARY 2002 ~~`~ ~~ ~ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ?IP 8-4192 NATURAL RESOURCES TECHNICAL REPORT REPLACE BRIDGE NUMBER 264 ON SR 1103 OVER JACKSON CREEK McDOWELL COUNTY, NORTH CAROLINA TIP NUMBER B-4192 STATE CONTRACT NUMBER A303718 STATE WORK ORDER NUMBER 8.2872801 NATURAL RESOURCES TECHNICAL REPORT 8-4192 TABLE OF CONTENTS Paae 1.0 INTRODUCTION .............................................................................................................................1 1.1 Project Description ..........................................................:...................:.............................1 1.2 Methodology ......................................................................................................................1 1.3 Terminology and Definitions .........................................:..................................................3 2.0 PHYSICAL RESOURCES ...:..............................:............................................................................4 2.1 Regional Characteristics....: .................................................................:............................4 2.2 Soils ...............................................................................:....................................................4 2.3 Water Resources ...............................................................................................................5 - 2.3.1 Best Usage Classification .......................................................................................5 2.3.2 Physical Characteristics of the Stream and Surface Waters ..................................7 2.3.3 Water Quality ..........................................................................................................8 2.3.3.1 Biological Monitoring ..................................................................................8 2.3.3.2 Point and Nonpoint Source Discharges...: .................................................8 2.4 Summary of Anticipated Water Quality Impacts ..........:................................................:.9 3.0 BIOTIC RESOURCES ....................................................................................................................10 3.1 Biotic Communities ............................................................................................................ 10 3.1 .1 Altered Right-of-Way Communities ........:............................................................. 10 3.1 .2 Landscaped and/or Developed Areas .................................................................. 12 3.1 .3 Fallow Pastureland ............................................................................................... 12 3.1 .4 Successional Sapling and Scrub/Shrub .Communities ......................................... 12 3.1 .5 Terrestrial Fauna .....................................:............................................................ 13 3.1 .6 Aquatic Community ....................................................:.......................................... 14 3.1.6.1 Flora ......................................................................................................... 14 3.1.6.2 Fauna ....................................................................................................... 14 NCDOT Page i 02/26/2002 TIP B-4192 NATURAL RESOURCES TECHNICAL REPORT 3.2 Summary of Anticipated Impacts to Biotic Communities ...........................................15 3.2.1 Terrestrial lmpacts ............................................................................:.:.................15 3.2.2 Aquatic Impacts ............................................................................:.......................15 4.0 JURISDICTIONAL TOPICS ..............................................................................................:............16 4.1 Waters of the United States .................................:.......................................................... 16 4.1.1 Waters of the United States, Including Wetlands, Affected ..................................... 16 4.1.2 Permits ................................................................................................................. 17 4.1.2.1 Bridge Demolition .:......: .........................:................................................: 18 4.1.3 Avoidance, Minimization, Mitigation ....................................................................:. 18 4.2 Rare and Protected Species ...................................................:....................................... 19 4.2.1 Federally-Protected Species ................................................................................. 19 4.2.2 Federal Species of Concern and State Listed Species ........................................ 20 5.0 REFERENCES ..............................................................................................................................22 LIST OF FIGURES Figure 1. Project Vicinity Map ...................................................:.....:............................................................2 Figure 2. Water Resources and Physiography of the Region ......................................:...............................6 Figure 3. Biotic Communities of the B-4192 Project Area ..........................................................................11 LIST OF TABLES Table 1. -Federally Protected. Species of McDowell County ...............................................:.....................20 Table 2. -Federal Species of Concern for McDowell County .................................:...................................21 LIST OF APPENDICES Appendix A: Biological Conclusions for Federally Protected Species Found in McDowell County, North Carolina ....................................:................................A-1 Appendix B: Qualifications of Principal Investigators ...............:........................................:.................. B-1 Appendix C: Wetland Data Forms ........................................................................................................C-1 Appendix D: Wetland Rating Worksheets ......................................................................:............:.:......D-1 NCDOT Page ii 02/26/2002 TIP 8-4192 NATURAL RESOURCES TECHNICAL REPORT r 1.0 INTRODUCTION The following Natural Resources Technical Report is submitted to assist in the preparation of a Categorical Exclusion (CE) for the proposed project. The purpose of this report is to inventory and describe the natural resources which occur within the proposed right-of-way boundaries and which have a ' probability of being impacted by the proposed action. Assessments of the nature and severity of probable impacts to these natural resources are provided, along with recommendations for measures that will minimize resource impacts. This report identifies areas of particular environmental concerns that may affect the selection of a preferred alignment or may necessitate changes in design criteria. Such environmental concerns should be addressed during the preliminary planning stages of the proposed project in order to maintain environmental quality in the most efficient and effective manner. The analyses contained in this document are relevant only in the context of the existing preliminary boundaries and design. If design parameters and criteria change, additional field investigations may be necessary. 1.1 Project Description ' The project calls for the replacement of Bridge Number 264 on SR 1103 in McDowell County, North Carolina. The proposed project crosses Jackson Creek approximately 1.0 mile (1.6 kilometers) south of.Bethel Church (Figure 1). 1.2 Methodolo 9Y Research was .conducted prior to the field investigations. Published resource information pertaining to the project area was collected and reviewed. Resources utilized in this preliminary investigation of the project area include: U.S. Geological .Survey (USGS) Moffitt Hill 7.5-minute topographic quadrangle map (1994). U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) map for Moffitt Hill 7.5-minute quadrangle (1995). North Carolina Department of Transportation (NCDOT) aerial photographs of the project area (1:1,200 scale). U.S. Department of Agriculture, Natural Resource Conservation Service (formerly the Soil Conservation Service) provisional soil survey of McDowell County, North Carolina. U.S. Environmental Protection Agency Water Discharges and RCRA Map accessed via EPA's EnviroMapper Program (September 2001). Water research information was obtained from publications of the North Carolina Department of Environment and Natural Resources (NCDENR, 1999, 2000, 2001). Information concerning the ' occurrence of federal and state protected species in the project area was obtained- from the U.S. Fish and Wildlife Service list of protected and candidate species (3 March 2001) and from the North Carolina Natural Heritage Program (NCNHP) database of rare species and unique. habitats (NCNHP, 2001). ' NCNHP files were reviewed for documented occurrences of state-listed orfederal-listed species. USFWS NCDOT Page 1 02/26/2002 TIP B-4992 NATURAL RESOURCES TECHNICAL REPORT E , -- ~ ~ ,. j `~ .. ; ~ ~, ~ ~ ~ ~. ~~ O ` i .4 ~ 't '~ 1282 ~ ,: ` ' ~ ~~ 10 9 ~`-~. '` \i r. 110 8 ~ ~' ~ ~ t ~y,~ 1 'i'. ''~ ? l ^ ~ ' •, ~ 110 6 ~ ~~ -110 4 1 1107' :~t ~- . _ ~' ~,~",~, ,~ S r- ~~ . . __ ~`~, ,~ ~ 110 6 110 4 ~~ -__ ; HiN I '1127 ~:~ _ $ 1 '1129- ~ .s ~; `11 3 ~ ~s 6 ~` 11 0 1105 `r' ' 0 ~ ,~~ 11-23- ,.2 .: -`~ ~~ 1131 .._ ~~.~~ rte, ,~ IJTCHMAN ~- ;,-~`,~ RIDGE / ~'y ~ / 3 ~ ~~~~,cc~,,,~~ '~ ~ '~ 110 3 ~j/J (•/~~\j ~//~j---} -\ a ~ ///~ ilI // ... Jl' }~ • j ~~~ ~ s,ooo' s,ooo' ~L` SCALE: 1" APPROX = 3,000' ~\ r pfMOR7N~p` SITE VICINITY MAP `L SR 1103 BRIDGE REPLACEMENT */~ OVER JACKSON CREEK (TIP B-4192) MCDOWELL COUNTY, NORTH CAROLINA (Excerpted from NCDOT County Highway Map, 2000) FIGURE 1 3 11~~3 ~,N ~ _.~ . ~. . ,, 't 3 NCDOT Page 2 02/26/2002 TIP 8-4192 NATURAL RESOURCES TECHNICAL REPORT ' Recovery Plans for federal-listed species were reviewed, where applicable. ' Environmental scientists on the staff of HSMM, Inc. conducted a field investigation of natural resources within the project area on 25 -July 2001. Qualifications of environmental scientists who conducted the field investigations are provided in Appendix B. Water resources were identified and ' categorized, and their physical characteristics were documented while in .the field..Plant communities and their associated wildlife were also identified and documented. The Classification of Natural Communities of North Carolina, Third Approximation (Schafale and Weakley, 1990) was used to classify plant r communities, where possible. Plant taxonomy was based primarily upon the Manual of the Vascular Flora of the Carolinas (Radford, et al., 1968). Animal taxonomy was based primarily upon Amphibians and ' Reptiles of the Carolinas and Virginia (Martof, et al., 1980), Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware (Rohde, et al., 1994), Birds of the Carolinas (Potter, et al., 1980), and Mammals of the Carolinas, Virginia, and Maryland (Webster, et al., 1985). A roximate boundaries of major vegetation communities were mapped while in the field utilizing PP aerial photography of the project area. Wildlife identification involved active searching of known or ' suspected species, incidental visual observations, incidental auditory indicators (such as Birdsong and other sounds), and secondary indicators of species presence or site utilization (such as scat, tracks, and ' .burrows). Predictions regarding wildlife community composition were supplemented utilizing a general qualitative habitat assessment based on existing vegetation communities and aquatic habitat. Wetlands subject to regulation by the Corps of Engineers under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 were identified and delineated according to methods prescribed in the 1987 Corps of Engineers Wetlands Delineation Manual (Technical Report Y-87-1) and the ' Corps' 6 March 1992 guidance document titled Clarification and Interpretation of the 9987 Manual. Values of wetlands delineated were assessed utilizing the Guidance for Rating the Values of Wetlands in North ' Carolina (NCDEHNR, 1995). Wetland types were classified based on the U.S. Fish and Wildlife Service Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al., 1979). Wetland boundaries were surveyed and recorded in the field using Global Positioning Satellite (GPS) survey ' methods. C 1.3 Terminology and Definitions For the purpose of this document, the following terms are used concerning the limits of natural resources investigations: Project area -denotes the area bound by the proposed right-of-way limits along the full length of the project alignment. Project vicinity -denotes an area extending 0.6 mile (1.0 kilometer) on all sides of the project area Project region -denotes an area equivalent in size to the area represented by a 7.5-minute USGS quadrangle map (i.e., 60.8 square miles or 157.5 square kilometers). ' NCDOT Page 3 02/26/2002 TIP B-4192 2.0 PHYSICAL RESOURCES Soil and water resources that occur in the project area are discussed below with respect, to possible environmental concerns. Soil properties and site .topography can significantly influence the potential for soil erosion and compaction, along with other possible construction limitations or management concerns. Water resources within the project area present important management limitations due to the need to regulate water movement and the increased potential for water quality degradation. Excessive soil disturbance resulting from construction activities can potentially alter both the flow and the quality of the water resources, potentially limiting downstream uses. In addition, soil characteristics and the availability of water directly influence the composition and distribution of flora and fauna in biotic communities, thus affecting the characteristics of these resources. 2.1 Regional Characteristics Most .of McDowell County lies within the Blue Ridge (Southern Appalachian) Mountains Physiographic Province of western North Carolina, with the exception of the southeastern portion. of the county, which lies within the Southern Piedmont Physiographic Province (USDA, 1995). The county encompasses 437 square miles (1,132 square kilometers) and is primarily rural. The county ranges in elevation from approximately 980 feet (299 meters) mean sea level (msl) along Cane Creek on the Rutherford County line to 5,665 feet (1,727 meters) msl on Pinnacle Mountain where Buncombe and Yancey Counties abut McDowell County. Elevations within the project area range from approximately 1,500 to 1,520 feet (457 to 463 meters) msl, with the stream bed near the bridge lying at approximately 1,500 feet (457 meters) msl. Jackson Creek is located within the upper portion (headwaters) of the Catawba River basin. The headwaters of the Catawba River and its tributaries are located within the mountain physiographic region. This river basin originates on the eastern side of the. Blue Ridge Mountains and flows towards the North Carolina -South Carolina border near Charlotte, North Carolina. The Catawba River basin, along with the adjoining Broad River basin, forms the headwaters of the Santee-Cooper River system, which flows through South Carolina to the Atlantic Ocean.. The. Catawba River basin encompasses all of McDowell and Catawba Counties, as well as portions of Alexander, Avery, Caldwell, Gaston, Iredell, Lincoln, McDowell,. Mecklenburg, Union, and Watauga Counties. There are 58 municipalities located in the Catawba River basin, with several areas of the basin being classified for water supply use. Over 45 percent of the land in the Catawba River basin is covered in forests (NCDENR, 1999). 2.2 Soils The portion of McDowell County within the project area (NRCS map panel 8 of 10) has been mapped by-NRCS under the most recently published soil survey of McDowell County (USDA, 1995). A brief description of mapped and observed soil units is as follows: FI ova ~ _nt - difl ~v :nta omplP~x_along the stream bed (unmapped by NRCS but observed during field investigation). NATURAL RESOURCES TECHNICAL REPORT ' NCDOT Page 4 02/26/2002 r TIP 8-4192 NATURAL RESOURCES TECHNICAL REPORT Flsinboro loam to percent slopes, rare y flooded nha~(EsB1. This unit consists mainly of ' very deep, well-drained, gently sloping Flsinboro and similar soils on low stream terraces along many of the larger streams. The surface layer is typically dark yellowish brown loam approximately 12 inches. (30 centimeters) thick. Permeability is moderate and surface runoff is ' medium in bare or unprotected areas. The seasonal high water table is more than 5.0 feet (1.5 meters) below the surface. In the project area, Flsinboro loam occurs along the low terrace bordering the western side of Jackson Creek. Flsinboro loam is not listed as a hydric soil of McDowell County (USDA, 1996). lotla sandy loam: 0 to 2 r~ercent sloes occasionally flooded ;3ha~(IoA~ This unit consists mainly of very deep, somewhat poorly drained, nearly level lotla and similar soils on floodplains adjacent to streams. throughout the county. The surface layer is dark yellowish brown sandy loam approximately 12 inches (30 centimeters) thick. Permeability is moderately rapid or rapid. and surface runoff is slow. The seasonal high water table is 1.5 to 3.5 feet (0.5 to 1.1 meters) below the surface. In the project area, lotla sandy loam occurs along the lower banks and bed of the Jackson Creek and along- the low terrace bordering the eastern side of Jackson Creek. This soil unit is not listed as a hydric soil. of McDowell County; however, it is listed as a soil unit that typically contains inclusions of hydric soils (USDA, 1996). 2.3 Water Resources This section contains information concerning surface water resources likely to be impacted by the proposed project. Water resource assessments .include the physical characteristics, .best usage standards, and water quality aspects of water resources, along with their relationship to major regional drainage systems. Probable impacts to surface water resources are also discussed, as are means to minimize impacts. A perennial stream, Jackson Creek, comprises the single water resource within the project area ' (Figure 2). Jackson Creek is located within the headwaters of the Catawba River drainage basin. The Catawba River watershed is the eighth largest drainage basin in North Carolina, encompassing 3,285 square miles (8,508 square kilometers). Under the federal system for cataloging drainage basins, the drainage basin containing the project area is designated as USGS Hydrologic Unit 03050101 (the Upper Catawba River drainage basin). Under the North Carolina DWQ system for cataloging drainage basins, the drainage basin containing the project area is designated as Subbasin 03-08-30 (Catawba River Headwaters). t 2.3.1 Best Usage Classification , 1 Streams and rivers have been assigned a best usage classification by the North Carolina Division of Water Quality (DWQ). The assigned best usage classification reflects water quality conditions and potential resource usage. Unnamed tributaries receive the same classification as the named streams to which they flow. ' NCDOT Page 5 02/26/2002 NCDOT Page 6 02/26/2002 TIP B-4192 NATURAL RESOURCES TECHNICAL REPORT TIP B-4192 NATURAL RESOURCES TECHNICAL REPORT The single water resource located in the project area, Jackson Creek; is designated as DWQ ' Stream Index Number 11-12-4-1. Jackson Creek in the project vicinity has been assigned a primary water resource classification of "C." Class "C" refers to waters that are protected for secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, agriculture, and other uses found suitable for Class "C" waters. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. There are no restrictions on watershed development or types of discharges in Class "C" waters. No surface waters classified as High Quality Water (HQW), Water Supplies (WS-I or WS-II), or Outstanding Resource Waters (ORW) occur within 0.6 mile (1.0 kilometer) of the project area. This finding is based on review of the most recently updated state-maintained databases as made available .through the date of preparation of this report. Ph ical Characteristics of the Stream and Surface Waters 2.3.2 ys As previously discussed, Jackson Creek comprises the single water resource within the project area. The proposed project crosses Jackson Creek on SR 1103 approximately 1.0 mile (1.6 kilometers) south of Bethel Church. Jackson Creek is between 7.0 and 10 feet (2.0 and 3.0 meters) wide within the project area. The average stream depth observed at the time of field investigation was 7.0 inches (18 centimeters). Field investigation occurred the day following a significant rain event and light rain was falling at the time of field investigation. As a result, surface waters were moderately turbid throughout the time of field investigation. ' Despite the rainfall, water levels appeared at or around the ordinarily high water level and stream velocity was estimated at 1.5 feet per second (0.46 meter per second) at the time of field investigation. The substrate of the Jackson Creek in the project area is comprised of sediments ranging in size from fine sand to cobbles. The stream within the project area is relatively straight and appears to have .been channelized upstream of the bridge and- approximately 50 feet. (15 meters) downstream of the bridge. The stream exhibits a relatively simple trapezoidal cross-section. No sand bars or channel meanders were observed. The stream banks are somewhat low and moderate) slo in within the ro'ect area. The stream Y P 9 P 1 banks are comprised of unconsolidated poorly sorted sediments of alluvial and colluvial origin. The banks upstream and downstream of the bridge are vegetated primarily with grasses, shrubs, and a few trees. Although not eroded at the time of field investigation, the banks upstream of the bridge exhibit high ' erosion and potential to fail at high flow. The riparian vegetation zone is not present upstream of the bridge and is less than 20 feet (6.0 meters) wide downstream of the bridge. Small breaks are present downstream of the bridge where the stream flows through the right-of-way. Vertical bridge abutments ' laterally confine the stream below the existing bridge. Little evidence of erosion was observed near the bridge at the time of investigation. NCDOT Page 7 02/26/2002 TIP 8-4992 NATURAL RESOURCES TECHNICAL REPORT 2.3.3, Water Quality This section describes the quality of water resources within the project area. Potential sediment loads and toxin concentrations of these waters from both point and nonpoint sources. are evaluated. Water quality assessments are made based on published resource information and existing general watershed characteristics. This data provides insight into the value of the water resources within the project area with respect to their ability to meet human needs and to provide suitable habitat for aquatic organisms. 2.3.3.1 Biological Monitoring The Basinwide Monitoring Program, managed by the DWQ, is part of an ongoing ambient water quality monitoring program that addresses long-term trends in water quality. The program monitors ambient water quality by sampling at fixed sites for selected benthic macroinvertebrate organisms that are sensitive to water quality conditions. Samples are evaluated on the number of taxa of intolerant groups (Ephemeroptera, Plecoptera, Tricoptera or "EPT') present and a taxa richness value (EPT S) is calculated. A biotic index value that summarizes tolerance data for all species in each collection is also calculated for the sample. The two rankings are given equal weight in final site classification. The biotic index and EPT taxa richness values primarily reflect the effects of chemical pollution and are a poor measure of the effects of such physical pollutants as sediment. No previously monitored or presently monitored benthic monitoring stations exist on Jackson Creek within the project area or upstream of the project within the project vicinity. Benthic monitoring site B-12 in Subbasin 03-08-30 is, however, located on Crooked Creek off of SR 1135 approximately seven miles (11:3 kilometers) upstream of the project area. Site B-12 was given a rating of "good" in 1992 and 1997 (NCDENR, 1999). 2.3.3:2 Point and Nonpoint Source Discharges A point source discharge is defined as "any discharge that enters surface waters through a pipe, ditch, or any other well-defined point" (NCDEHNR, 1993). The term commonly refers to discharges associated with wastewater treatment plants. Discharges from stormwater collection systems at industrial sites and in large urban areas are also considered point source discharges. Point source discharges within North Carolina are regulated through the National Pollutant Discharge Elimination System (NPDES) program. Any point source discharger is required to apply for a permit. No registered point discharges are located within a 1.0 mile (1.6 kilometers) radius of the ,project area. Nonpoint source discharge refers to runoff that enters surface waters through stormwater or snowmelt (NCDEHNR, 1993). Agricultural activities may serve as a source for various forms of nonpoint source pollutants. Land clearing and plowing disturbs soils to a degree where they are susceptible to erosion, which can lead to sedimentation in streams. Sediment is the most widespread cause of nonpoint sources pollution in North Carolina (NCDEHNR, 1993). Pesticides, chemical fertilizers, and land NCDOT Page 8 02/26/2002 T/P 8-4992 NATURAL RESOURCES TECHNICAL REPORT application of animal waste can be transported to receiving streams and waterways via runoff -potentially elevating concentrations of toxic compounds and nutrients.. Animal wastes can also be the source of ' bacterial contamination and can elevate the biochemical oxygen demand (BOD). Drainage ditches on poorly ,drained soils can contribute to the influence of stormwater pollutants into surface waters (NCDEHNR, 1993). Under the NC Unified Watershed Assessment (UWA) program, the Upper Catawba River Hydrologic Unit (03050101), within the project area, is classified by DWQ as a UWA Category "II" watershed for nonpoint source pollution. Under this classification, the watershed is identified as a watershed "meeting goals, including those needing action to sustain water quality". The 1995 Catawba Basinwide Plan states that appr-oximately ten percent of the streams within the Upper Catawba River Hydrologic Unit are "impaired". Currently, Mackey Creek and Corpening Creek are the only two impaired waters (medium 303(d) ratings) listed within Subbasin 03-08-30 (NCDENR, 2000). Both creeks are located downstream of the project area and neither creek is located within the project vicinity. 2.4 Summary of Anticipated Water Quality Impacts 1 Impacts to water resources in the project area are likely to result from activities associated with ' ~ project construction. Activities likely to result in impacts consist of clearing and grubbing along stream banks, removal of riparian canopy, instream construction, use of fertilizers and pesticides as part of revegetation operations, and installation of pavement. The following impacts to surface water resources are likely to result from the aforementioned construction activities: Short-term increases in sedimentation and siltation downstream of the crossing associated with r increased erosion potential in the project area during and immediately following construction. Short-term changes in incident light levels and turbidity due to increased sedimentation rates and vegetation removal Short-term alteration of water levels and flows due to interruptions and/or additions of surface water and groundwater during construction. Short-term increases in nutrient loading during construction via runoff from temporarily exposed land surfaces. A short-term increase in the potential for the release of toxic compounds (such as petroleum products) from construction equipment and other vehicles. Changes in and possible destabilization of water temperature regimes due to removal of vegetation within or overhanging the watercourse. I Increased concentrations of pollutants typically associated within roadway runoff. ' To minimize potential impacts to water resources in and downstream of the project area, NCDOT's Best Management Practices for the Protection of Surface Waters will be strictly enforced during the construction phase of the project (NCDOT, 1997). Impacts will be minimized to the fullest degree practicable by limiting instream activities and by revegetating stream banks immediately following the completion. of grading. Because the project is located in a North Carolina Wildlife Resources Commission (NCWRC) trout county, the NCWRC may require a moratorium for instream construction from November to March. NCDOT Page 9 02/26/2002 T1P B-4192 NATURAL RESOURCES TECHNICAL REPORT 3.0 BIOTIC RESOURCES This section describes the biotic communities observed within the project area, as well as the t basic relationships between flora and fauna within these communities. Biotic resources assessed as part of this investigation include discernable terrestrial and aquatic communities. The composition and distribution of biotic communities within the project area are a function of topography, soils, hydrology, and past and present land uses. Terrestrial systems are discussed primarily from the perspective of dominant plant communities and are classified in accordance with the Classification of Natural Communities of North Carolina: Third Approximation (Schafale and Weakley, 1990) where applicable. Representative animal species likely to inhabit or utilize biotic communities of the project area (based on published range distributions) are also discussed. Fauna observed during the field investigation are listed. ' 3.1 Biotic Communities , Boundaries between contiguous biotic communities are gradational in certain portions of the project area, making boundaries sometimes difficult to delineate. Four discernable terrestrial communities ' are located within the project area (Figure 3): These communities have been altered to the extent that they cannot be classified as a natural vegetation community under the Classification of Natural Communities of North Carolina. These altered communities consist of: (1) altered right-of-way ' communities, (2) landscaped and/or developed areas, (3) fallow pastureland, and (4) successional sapling and scrub/shrub communities. In addition to the aforementioned terrestrial components, the aquatic community, associated with Jackson Creek was assessed within the project area. 3.1.1 Altered Right-of-Way Communities These communities are located along the right-of-way bordering on SR 1103 (Communities No. 1 of Figure 3). Vegetation within these areas has been maintained in an early succession through mechanical and possibly chemical vegetation management practices. Well-drained Elsinboro loams and somewhat poorly drained lotla sandy loams underlie these communities. It is estimated that 0.21 acre (0.08 hectare) of this community exists within the project area. No mature woody plant species were observed at the time of site investigation within altered rights-of-way communities of the project area; however black walnut (Juglans nigra) and tulip. tree (Liriodendron tulipifera) seedlings were observed. Dominant herbaceous species observed at the time of site investigation include red clover (Trifolium pratense), Curtis' goldenrod (Solidago curtisi-), sensitive , brier (Schrankia microphylla), common plantain (Plantago major), common ragweed (Ambrosia artemisiifolia), and unidentified grasses (Poaceae). Dominant vine species observed at the time of site investigation include Japanese honeysuckle (Lonicera japonica) and poison ivy (Toxicodendron radicans). NCDOT Page 1 D 02/26/2002 ~ ~ i r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ TIP 8-4192 r L' L! n ~'`1 fl 3.1.2 Landscaped and/or Developed Areas NATURAL RESOURCES TECHNICAL REPORT These areas occur around .residential properties located in the northeast, southwest, and southeast quadrants of the project area (Communities No. 2 of Figure 3). The areas appear regularly mowed and contain a large percentage of cultivars and opportunistic plant species. Well-drained Elsinboro loams and. somewhat poorly drained lotla sandy loams underlie these communities. It is estimated that 1.1 acres (0.43 hectare) of this community exist within the project area. Dominant tree species observed within the landscaped and/or developed areas at the time of field investigation include: oaks (Quercus sp.), black walnut (Juglans nigra), and fire cherry (Prunus pensylvanica). Other plant species observed at the time of site investigation include Chinese privet (Ligustrum sinense), black locust saplings (Robinia pseudo-acacia), assorted cultivars, Curtis' goldenrod (Solidago curtisi~), crab grass (Digitaria sanguinalis), unidentified grasses (Poaceae), common chickweed (Stellaria media), dandelion (Taraxacum officinale), common plantain (Plantago major), common ragweed (Ambrosia artemisiifolia), and Japanese honeysuckle (Lonicera japonica). 3.1.3 Fallow Pastureland This community consists of a fallow pasture located in the northwest quadrant of the project area (Community No. 2 of Figure 3). The successional nature of the vegetation and conversations .with the landowner confirm that the pasture has lain fallow for several growing seasons. Well-drained Elsinboro loams underlie this community. It is estimated that 0.08 acre (0.03 hectare) of this community exists within the project area. .Species observed in the fallow pasture at the time of field investigation include blackberry (Rubus sp.) seedlings, red clover (Trifolium pratense), common plantain (Plantago major), Queen Anne's lace (Daucus carota), tall fescue (Festuca sp.), bitter nightshade (Solanum dulcamara), common ragweed (Ambrosia artemisiifolia), and unidentified grasses (Poaceae). 3.1.4 Successional Sapling and Scrub/Shrub Communities These communities occur between the fallow pasture and Jackson -Creek in the northwest quadrant of the project area and between the residential property and Jackson Creek in the southwest. quadrant (Communities No. 3 of Figure 3). Somewhat poorly drained lotla sandy loams underlie these communities. It is estimated that 0.32 acre (0.13 hectare) of this community exists within the project area. The successional sapling and scrub/shrub communities, as mapped, support few mature trees. Dominant sapling species observed at the time of site investigation include sycamore (Platanus occidentalis), black walnut (Juglans nigra), tulip tree (Liriodendron tulipifera), black willow (Salix nigra), ' and fire cherry (Prunus pensylvanica). Dominant shrub species observed at the time of site investigation consists of blackberry (Rubus allegheniensis), multiflora rose (Rosa multiflora), and privet (Ligustrum sp.). Tag alder (Alnus serrulata) occurs within a roadside ditch in the northwest quadrant of the project area. Dominant herbaceous species observed at the time of site investigation include Queen Anne's lace NCDOT Page 12 -02/26/2002 T1P 8-4192 NATURAL RESOURCES TECHNICAL REPORT (Daucus carota), Curtis' goldenrod (Solidago curtisi~), goldenrod (Solidago sp.), Joe-pye weed (Eupatorium fistulosum), and thistle (Carduus altissimus). Dominant vine species observed at the time of site investigation include Japanese honeysuckle (Lonicera japonica), common greenbrier (Smilax rotundifolia), and poison ivy (Toxicodendron radicans). Wetlands Component: -The riparian vegetation along Jackson Creek appears to have been removed at some point in the past and is now in an early stage of succession. As part of this successional process, a thin band (generally less than 3.0 feet (0.9 meter) wide) of hydrophytic vegetation has become established along the lowermost portions of the stream banks. Hydrophytic .vegetation observed at the time of field .investigation includes: tag alder (Alnus serrulata), black willow saplings (Salix nigra), spicebush (Lindera benzoin), silky dogwood (Corpus amomum), sycamore saplings (Platanus occidentalis), multiflora rose (Rosa multiflora), orange. jewelweed (Impatiens capensis), creeping grass (Microstegium vimineum), water hemlock (Cicuta maculata), joint head (Arthraxon hispidus), Joe-pye weed (Eupatorium fistulosum), tear thumb (Polygonum sagrttatum), dotted smartweed (Polygonum punctatum), rice cutgrass (Leersia oryzoides), swamp dock (Rumex verticillatus), Curtis' goldenrod (Solidago curtisil), false nettle (Boehmeria cylindrica), sedges (Carex sp.), riverside grape (Vitis riparia), poison ivy (Toxicodendron radicans), and Japanese honeysuckle (Lonicera japonica).. The soils underlying the wetlands are comprised of a thin layer (generally less than 6.0 inches (15 centimeters)) of gleyed to weakly mottled. gravelly sands over cobbles and boulders along-lower stream banks. These soils were saturated within the upper 10 inches (25 centimeters) at the time of investigation. The wetlands also exhibited sediment deposits, water-stained leaf litter, and drift lines. 3.1.5 Terrestrial Fauna All of the communities within the project vicinity have been altered or affected by man's activities to varying degrees. Due to forest tract fragmentation common to the project region, species that require large contiguous tracts of forests are not likely to utilize the site on a normal basis. Certain opportunistic wildlife species, such as woodchuck (Marrr~ota monax) and eastern cottontail rabbit (Sylvilagus tloridanus), can be expected to utilize edge habitat present within the project area. Due to the relatively small size of the project area and the fact that many wildlife species are capable of moving between and/or utilizing adjoining communities, no distinct terrestrial wildlife habitat can be assigned to any one terrestrial plant community within the project area. The only mammal observed in the project vicinity at the time of field investigation was,white-tailed deer (Odocoileus virginianus). Tracks and scat of raccoon (Procyon lotor) were observed .along the stream terraces downstream of the bridge. Other mammals common to the project region which can be expected to periodically utilize habitat of the project area include: Virginia opossum (Didelphis virginiana), shrews and moles (Insectivora), gray squirrel (Sciurus carolinensis), beaver (Castor canadensis), eastern harvest mouse (Reithrodontomys humulis), white-footed mouse (Peromyscus leucopus), golden mouse (Ochrotomys nuttall~), hispid cotton rat (Sigmodon hispidus), eastern vroodrat (Neotoma floridana), meadow vole (Microtus pennsylvanicus), woodland vole (Microtus pinetorum); muskrat (Ondatra zibethicus), black rat (Raftus rattus), Norway. rat (Rattus norvegicus), house mouse (Mus musculus), meadow jumping mouse (Zapus hudsonius), woodland jumping mouse (Napaeozapus insignis), red fox (Vu/pes vu/pes), gray fox (Urocyon cinereoargenteus), eastern spotted skunk (Spiloga/e putorius), striped NCDOT Page 13 02/26/2002 TIP 8-4192 NATURAL RESOURCES TECHNICAL REPORT ' skunk (Mephitis mephitis), and black bear (Ursus americanus). The communities on the project site provide limited but suitable habitat and forage areas for. a variety of birds. Birds observed at the time of field investigation include brown thrasher (Toxostoma rufum) and cardinal (Cardinalis cardinalis). Songs and/or calls of the following birds were also noted ' within the project vicinity at the time of field investigation: common crow (Corvus brachyrhynchos) and American robin (Turdus migratorius). A wide variety of resident and migratory songbirds can be expected to periodically utilize forested tracts immediately to the south of the project area., The open landscaped areas. within the project vicinity provide probable hunting grounds for birds of prey, such as hawks and owls. No reptiles or amphibians were observed in the project area at the time of field investigation. A variety of reptile and amphibian species may, however, use the communities located in the project area. These animals include the rat snake (Elaphe obsoleta), eastern box turtle (Terrapene Carolina), five-lined .skink (Eumeces fasciatus), two-lined salamander (Eurycea bislineata), pickerel frog (Rana palustris), and American toad (Bufo americanus). Fish species are discussed in following sections. 3.1.6 Aquatic Community ' The aquatic community of the project area consists of Jackson Creek below the ordinary-high water line. As previously discussed, Jackson Creek ranges in width from 7.0 to 10 feet (2.0 to 3.0 meters) within the project area. The dominant aquatic habitats within this section of Jackson Creek consist of cobble/boulder substrate and undercut banks. ' The stream within the project area is characterized by a poorly defined riffle and run sequence. The several riffles present are not as wide as the stream and do not extend at least twice the width of the stream. Gravel and cobble substrate was 20 to 40 percent embedded on the day of investigation. Pools are absent. The riparian vegetation zone is not present upstream of the bridge and is less than 20 feet (6.0 meters) wide downstream of the bridge. Breaks are present where the stream flows through the right-of-way. The stream is poorly shaded downstream..of he bridge and is not shaded upstream of the bridge. 3.1.6.1 Flora No aquatic vegetation was observed below the ordinary high water line of Jackson Creek at the time of field investigation. Hydrophytic vegetation occurs as very thin bands (less than 3.0 feet (0.9 meter) wide) along portions of the stream bank. ' 3.1.6.2 Fauna No aquatic vertebrates were observed within the project area at the time of field investigation. Aquatic invertebrates observed within the project area at the time of field investigation include the following: crayfish (Cambaridae), snail (Pleuroceridae), mayFly larvae (Heptageniidae), caddisfly larvae (Trichoptera sp.), beetle larvae (Psephenidae), riffle beetle (Elmidae), and damselfly (Agria sp.). ' NCDOT Page 14 OZ/26/2002 TIP B-4192 NATURAL RESOURCES TECHNICAL REPORT , Pleuroceridae and Heptageniidae were abundant throughout the project area at the time of investigation. ' 3.2 Summary of Anticipated Impacts to Biotic Communities 3.2.1 Terrestriallmpacts Terrestrial impacts can result in changes in both species numbers and composition.. Plant ~ communities found along the proposed project area often serve as nesting and sheltering habitat for wildlife. The proposed project construction may reduce the existing habitat for these species, thereby ' diminishing fauna numbers. Additionally, the reduction of habitat within the project area concentrates wildlife into smaller areas of refuge, therefore causing some species to become more susceptible to ' disease, predation, and starvation. Ecological impacts can also occur outside of the project area because of habitat reduction. Typically, -those areas modified by construction (but not paved) will become road shoulders and early successional habitat. The increased traffic noise and reduction/change of habitat, while attracting other wildlife, may displace existing inrildlife further from the roadway. The animals displaced by construction activities may repopulate other areas suitable for the species. However, the increased animal density can result in an increase in competition for the remaining resources. Construction of the project will result in certain unavoidable impacts to biotic resources within the project area. Following development of project alternatives, temporary and permanent impacts. will be assessed from the perspective of impact areas ,(the acreage or square footage of affected biotic communities) and from the perspective of resource functions and values, where possible. Impacts to the previously identified communities will not exceed those acreages stated in their respective sections. Practicable means to avoid or minimize impacts were evaluated and recommended, where applicable. Temporary impacts will be subject to restoration. 3.2.2 Aquatic Impacts The replacement of the bridge over Jackson Creek at SR 1103 (TIP Number B-4192) will result in ~ certain unavoidable impacts to the aquatic community of the creek.. Probable impacts will be associated with the physical disturbance of the benthic habitat and water column disturbances resulting from changes in water quantity and quality. Significant disturbance of stream segments can have an adverse effect on aquatic community composition by reducing species diversity and the overall quality of aquatic habitats. Physical alterations to aquatic habitats can result in the following impacts to aquatic communities: Inhibition of plant growth. ~ ' Resuspension of organic detritus and removal of aquatic vegetation that can lead to increased nutrient loading. Nutrient loading can, in turn, lead to algal blooms and ensuing depletion of dissolved oxygen levels. Increases in suspended and settleable solids that can, in turn, lead to clogging of feeding structures of filter-feeding organisms and the gills of fish. Loss of benthic macroinvertebrates through increased scouring and sediment loading. ' NCDOT Page 15 02/2&/2002 t TIP B-4192 NATURAL RESOURCES TECHNICAL REPORT ' Loss of fish shelter through removal of overhanging stream banks and snags. Increases in seasonal water temperatures resulting from removal of riparian canopy. ' Burial of benthic organisms and associated habitat. Unavoidable impacts to aquatic communities within and immediately downstream of the project area will be minimized to the fullest degree practicable through strict adherence to NCDOT's Best Management Practices for fhe Protection of Surface Waters (NCDOT, 1997) and other applicable guidelines pertaining to best management practices. Means to minimize impacts will include (1) utilizing construction methods that will limit instream activities as much as practicable, (2) restoring the stream bed as needed, and (3) revegetating stream banks immediately following the completion of grading. 4.0 JURISDICTIONAL TOPICS The following sections provide an inventory of resource areas and species and an assessment of possible impacts for (1) waters of the United States and (2) rare and protected species. Waters of the United States and rare and protected species are of particular significance when assessing impacts ' because of federal and state mandates that regulate their protection. The following sections address those measures that will be required in order to comply with regulatory permit conditions prior to project. construction. 4.1 Waters of the United States Certain surface waters considered si nificant to interstate commerce and wetlands adjacent to 9 these waters fall under the broad category of "waters of the United States" (as defined in codified federal ' regulation 33 CFR 328.3). The discharge of dredged or fill material to waters of the United States is regulated by the Corps of Engineers under the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Regulated surface waters typically consist of standing or flowing waters that have commercial and/or recreational value to the general public. As a category of waters of the United States, wetlands are defined as "areas that are inundated or saturated by surface or ground water at a frequency ' and duration sufficient to support, and that under normal circumstances do .support, a prevalence of vegetation typically adapted for life in saturated soil conditions". To determine whether wetlands exist within the project area, vegetation, soils, and hydrology are assessed using criteria set forth in the 1987 Corps of Engineers Wetlands Delineation Manual (Technica- Report Y-87-1 ). As specified in the Manual, wetlands are identified based on the presence of hydrophytic vegetation, hydric soils, and .wetlands hydrology -all three of which must be present for an area to meet the federal definition of a wetland. ' 4.1.1 Waters of the United States, Including Wetlands, Affected ' No wetlands have been mapped within the project area under the National Wetlands Inventory (NWI) program. Although-not mapped under the NWI program (because of their limited extent), a narrow discontinuous fringe (generally less than 3.0 feet (0.9 meters) wide) of hydrophytic vegetation occurs along the lowermost portions of the stream banks. Wetlands delineated as part of this investigation are NCDOT Page 16 02/26/2002 T!P 8-4192 NATURAL RESOURCES TECHNICAL REPORT best classified as temporarily flooded, broad-leaved, deciduous, scrub/shrub, palustrine wetlands (PSS1A ' of USFWS classification). These PSS1A's are transitional communities encountered between waters of the United States (Jackson Creek) and adjoining upland plant communities. Soils within portions of the ' wetlands were comprised of rocky, gravelly, sandy materials (fluvaquents) that were saturated in the upper 12 inches (30 centimeters) at the time of field investigation. The hydrophytic vegetation associated with these saturated soils is discussed as a component of the successional sapling and scrub/shrub , community of section 3.1.4. It is estimated that 0.03 acre (0.01 hectare) of wetlands exists within the project area. Despite the fact that the stream terrace wetland is located adjacent to a perennial waterway, its limited extent and proximity to cleared and landscaped areas limit certain of its values. Utilizing NCDENR's , .Guidance for Rating the Values of Wetlands in North Carolina, the stream terrace wetland within the project area has been estimated to have the following ratings for values assessed: 4 of 20 for water storage, 16 of 20 for bank/shoreline stabilization, 5 of 25 'for pollutant removal, 2 of 10 for wildlife habitat, 12 of 20 for ' aquatic life value, and 1 of 5 for recreation/education - for a total rating of 40. No waters of the United States are shown along Jackson Creek on the NWI map for the Moffitt Hill , 7.5-minute quadrangle. Given the perennial nature of Jackson Creek within the project area, field investigation has determined that it is classified as a permanently flooded, upper,perennial riverine habitat with an unconsolidated bottom (R3UBH). Two hundred feet (61 meters) of waters of the United States exist within the project area. 4.1.2 Permits Based on wetland field indicators observed at the time of field investigation, waters of the United States, including wetlands, subject to regulation under section 404 of the Clean Water Act and the .North Carolina 401 Water Quality Certification program have been delineated and mapped within the proposed project area. Impacts to jurisdictional surface waters are anticipated to occur as a result of project construction. As a result, proposed construction activities will require permits and certifications from the various state and federal regulatory agencies in charge of protecting the water ,quality of public water resources. Based on past experience with similar actions, if non-tidal wetland impacts at each bridge crossing are less than 0.5 acre (0.2 hectare) and none of the activities jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, the action would be considered a Class II Action as defined under FHWA regulation 23 CFR 771.115(b). As a Class II Action, bridge rehabilitation, reconstruction, or replacement would qualify as a Categorical Exclusion as defined under FHWA regulation 23 CFR 771.117. As a categorically excluded Class II Action and a public linear transportation project in non-tidal waters, bridge rehabilitation, reconstruction, or replacement impacting less than 0.5 acre (0.2 hectare) of waters of the United States at a stream crossing could be authorized under the provisions of a U.S. Army Corps of Engineers Nationwide 23 Permit for Categorical Exclusions or a Nationwide 14 Permit for Linear Transportation Projects, respectively. The proposed project is located in a designated `Trout` county; NCDOT Page 17 02/26/2002 TIP 8-4192 NATURAL RESOURCES TECHNICAL REPORT therefore, authorization of the project by the COE under the provisions of a nationwide or individual permit is conditional on concurrence of the NCWRC. ' If the proposed work cumulatively impacts more than 0.5 acre (0.2 hectare) of non-tidal waters of the United States, an Individual Permit may be required at the discretion of the U.S. Army Corps of Engineers ' unless authorization is granted under the provisions of Department of the Army General Permit Number 198200031 (for NCDOT bridge crossings). If the proposed work involves greater than 1.0 acre (0.4 hectare) of wetland impacts, the Corps could not make a discretionary determination regarding Nationwide Permit ' applicability nor could the General Permit option be exercised and therefore, an Individual Permit would be mandatory. ' In addition to the aforementioned permit requirements, a 401 Water Quality Certification from the North Carolina Department of Environmental and Natural Resources, Division of Water Quality (DWQ) will be required for the project prior to issuance of a Corps of Engineers permit. Section 404 of the Clean Water Act requires that the state issue or deny water quality certification for any federally permitted or licensed activity that may result in a discharge to waters of the'United States. Section 401 Certification allows surface waters to be temporarily impacted for the duration of the construction or other. land disturbance. A DWQ Section 401 Water Quality General Certification is required prior to the issuance of a Section 404 Individual Permit. ' 4.1.2.1 Bridge Demolition The bridge addressed under TIP Number B-4192 is located on SR 1103 over Jackson Creek in McDowell County. The possibility exists that demolition materials (such as asphalt, concrete rubble, portions of the deck timbers, etc.) could be inadvertently dropped into waters of the United States during bridge demolition. Should this occur, such materials would be removed from waters of the United States as soon as possible, where conditions allow. The resulting temporary fill associated with bridge demolition will be determined later. 4.1.3 Avoidance, Minimization, Mitigation. The 14 December 1989 Memorandum of Agreement (MOA) between EPA and the Department of the Army on Clean Water Act Section 404(b)(1) Guidelines sets forth the policy and procedures to be used in the determination of the type and level of mitigation necessary to demonstrate compliance with the Clean Water Act. The purpose of the MOA is to implement the objective of the Clean Water Act to restore and maintain the chemical, physical, and biological integrity of the Nation's. waters, including wetlands: As -part of the MOA, a project assessment procedure is set forth requiring a sequential assessment of (1) impact avoidance, (2) impact minimization, and (3) compensatory mitigation for unavoidable impacts. Adherence to sequencing during project planning and design stages is intended to assist in attaining a goal of no net overall loss of wetland functions and values: ' The impact avoidance stage of the sequencing procedure entails an assessment of all appropriate and practicable alternatives for avoiding impacts to waters of the United States. Cost, existing technology, significant adverse environmental consequences to other resources, and logistics in light of overall project purposes are considered in identifying "appropriate and practicable" avoidance alternatives. NCDOT Page 18 02/26/2002 TIP 8-4192 NATURAL RESOURCES TECHNICAL REPORT , The impact minimization stage of the sequencing procedure entails an assessment of all measures that would minimize unavoidable impacts to waters of the United States to the fullest degree practicable. The final determination regarding the availability of practicable minimization measures lies with the reviewing regulatory agencies and, if it is determined that .additional minimization measures are available, such measures will be required through project modifications and/or permit conditions. Minimization typically focuses on decreasing the footprint of the proposed project through the reduction of median widths, right-of-way widths, fill slopes, and/or shoulder widths. Compensatory mitigation measures are not .considered until such time that it has been demonstrated that no practicable avoidance alternatives exist, and .that all practicable measures for minimizing unavoidable impacts have been incorporated into project design.. Compensatory mitigation includes such measures as restoration, creation, enhancement, and preservation. Where possible, mitigation should be in-kind and within the same watershed as near to the impacted area as conditions .allow. Compensatory mitigation is conventionally required for projects authorized under Individual Permits or certain Nationwide Permits that result in the fill or alteration of more than 0.1 acre (0.04 hectare) of .all wetlands and/or 150 feet (46 meters) of streams within or adjacent to tidal waters. Under the nationwide permit program, the District Engineer must be notified if proposed discharge to wetlands will exceed 0.1 acre (0.04 hectare). Discharges to wetlands exceeding 0.1 acre (0.04 hectare), for which authorization under a Nationwide Permit 14 is being sought, require submittal of a compensatory mitigation plan as part of the Notification. 4.2 Rare and Protected Species The Endangered Species Act of 1973, as amended, requires that any action likely to adversely affect a species listed as a federally protected threatened or endangered species be subject to review by the U.S. Fish and Wildlife Service (USFWS). Other species (such as state-listed threatened or endangered species) may receive additional protection under separate state laws. 4.2.1 Federally-Protected Species Plants and animals with federal classifications of endangered (E), threatened (T), proposed endangered (PE), and proposed threatened (PT) are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of 22 March 2001, the USFWS lists three federally protected species for McDowell County (Table 1). Brief descriptions of the characteristics and habitat requirements for these species are provided in Appendix A. A review of the North Carolina Natural Heritage Program (NHP) database of rare species and unique habitats indicates no occurrences of federally protected species in the project area. No individual organisms, populations, or suitable habitat for any of the species listed in Table 1 were observed within the project- area at the time of site investigation. , NCDOT Page 19 02/26/2002 TIP 8-4992 NATURAL RESOURCES TECHNICAL REPORT Table 1. Federally Protected Species for McDowell County Scientific.Name Common Name' Status Haliaeetus leucocephalus Bald Eagle Threatened Clemmys muhlenbergii Bog Turtle Threatened (S/A) "Endangered" denotes a species in danger of extinction throughout all or a significant portion of its range. "Threatened" denotes a species likely to become endangered in the foreseeable future throughout all or a significant portion of its range: "Threatened (S/A)" denotes a species that is treated as threatened due to its similarity of appearance to another endangered or threatened species that is listed for protection. Threatened (S/A) species are not biologically endangered or threatened and are not subject to Section 7 consultation. 4.2.2 Federal Species of Concern and State Listed Species A federal species of concern (FSC) is defined as a species that is under consideration for listing ' for which there is insufficient information to support listing. The U.S. Fish and Wildlife Service (USFWS) lists 13 federal species of concern in McDowell County (Table 2). Federal species of concern are not afforded federal protection under the Endangered Species Act and are not subject to any of the provisions included in Section 7 until they are formally proposed or listed as threatened or endangered. The status of these species is subject to change so their status should be periodically monitored prior to project construction if individuals or suitable habitat is present within the project area. In addition to the federal program, organisms that are listed as endangered (E), threatened (T), or .special concern (SC) by the North Carolina Natural Heritage Program on its list of Rare Plants and Animal Species. are afforded state protection under the N.C.State Endangered Species Act and the N.C. Plant Protection and Conservation Act of 1979. ' Table 2 lists federal species of concern, the state status of these species (if afforded state protection), and the potential for suitable habitat in the project area. This species list is provided for information purposes, as the protection status of these species may change in the future. The NCNHP database of rare and unique habitat (as updated through January 2001) was ' reviewed. The database shows no occurrences of federal species of concern (FSC) within 0.6 mile (1.0 kilometer) of the project area. Determinations- regarding the presence of suitable FSC habitat, as indicated in Table 2, were based on site conditions observed at the time of field investigation and search of published literature. t NCDOT Page 20 02/26/2002 TIP 8-4192 Table 2. Federal Species of Concern for McDowell County NATURAL RESOURCES TECHNICAL REPORT Scientific Name Common Name NG Habitat Status Present Neotoma floridana haematoreia Southern Appalachian Woodrat SC No Neotoma magister Allegheny Woodrat SC No Contopus borealis Olive-sided Flycatcher SC No Dendroica ceru/ea Cerulean Warbler SR No Caecidotea carolinensis Bennett's Mill Cave Water Slater SR No Speyeria diana Diana Fritillary Butterfly SR Yes Carex roanenis Roan Sedge C No Delphinium exaltatum Tall Larkspur E No Hymenocallis coronaria** Rocky Shoal Spider Lily --- No Juglans cinerea** Butternut -- No Lilium grayi Gray's Lily T No Monotropsis odorata Sweet Pinesap C No Note: E An "Endangered "species is one whose continued existence as a viable component of the State's Flora is determined to be in jeopardy. T A "Threatened" species is any native or once native species that is likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act. C A "Gandidate° is any species that is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction. SC A "Special Concern" species is on which requires monitoring but may be taken or collected and sold . under regulations adopted under the provisions of Article 25 of Chapter 113 of the General Statues (animals) and the Plant Protection and Conservation Act (plants). Only propagated material may be sold of Special Concern plants that are listed as Threatened or Endangered. SR A "Significantly Rare" species is not listed as "E°, "T', or "SC", but which exists in the-state in small numbers and has been determined to need monitoring. ** Listed by USFWS as a FSC, but not listed as a FSC on the NCNHP database. 1 NCDOT Page 21 02/26/2002 T1P B-4192 5.0 REFERENCES NATURAL RESOURCES TECHNICAL REPORT 1 Cowardin, Lewis M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service..U.S. Government Printing Office, Washington D.G. r~ ii n n Martof, B.S., W.M. Palmer, J:R. Bailey, .and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press. Chapel Hill, North. Carolina. 264pp. North Carolina .Department of Environment and Natural Resources, Division of Water Quality, Basinwide Planning Program. December 1999. Catawba River: Basinwide Water Quality Management Plan. Accessed September 2001. httn•//h o enr state nc us/basirn~~ide/catawba wn management lap n.htm. North Carolina Department of Environment and Natural Resources, Division of Water Quality. 2000. Watershed Restoration Action Strategy. (as revised through 2 February 2000) Raleigh, North Carolina North Carolina Department of Environment and Natural Resources. 2001. Basinwide Information .Management System. North Carolina Waterbodies Reports: Catawba River. Accessed 10 September 2001. httn•//h o nr ctat n ,s/bimslreports/basinsand~~~aterbodies/hydro/Cata~~~ba.~. - North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management. 1993. Classifications of Water Quality Standards for North Carolina River Basins, Raleigh, North Carolina. North Carolina Department of Environment, Health, and Natural Resources, .Division of Environmental Management. 1995. Guidance for Rating the Values of .Wetlands in North Carolina, Fourth Version. North Carolina Department of Transportation. 1997. Best Management Practices for Protection of surface Waters. North Carolina Natural Heritage Program. 1999. Natural Heritage Program List of the Rare Animal Species of North Carolina. Raleigh, North Carolina. North Carolina Natural Heritage Program. 1999. Natural Heritage Program List of the Rare Plant Species of North Carolina. Raleigh, North Carolina. North Carolina Natural Heritage Program. 2001. Element Occurrence Search Report: McDowell County, North Carolina. ht~~//~~~~~~~.ncsnarks.n . /nhn/search.html. Updated July 2001. Potter, E.F., J.F. Parnell, and R.P Teulings. 1980. Birds of the Carolinas. The University of North Carolina Press. Chapel Hill, North Carolina. Radford, A.E., H.E. Ahles, and C.R. Bell. 1987. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press. Chapel Hill, North Carolina. Rohde, F.C., R.G. Arndt, D.G. Lindquist, and J.F. Parnell. 1994. Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware. The University of North Carolina Press., Chapel Hill, .North Carolina. NCDOT Page 22 02/26/2002 TIP 8-4192 NATURAL RESOURCES TECHNICAL REPORT ' Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Raleigh, North Carolina. U.S. Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. Environmental Laboratory, Vicksburg, Mississippi. U.S. Army Corps of Engineers. 1992. Clarification and Interpretation of the 1987 Manual. Memo to USACE district from Headquarters, U.S. Army Corps of Engineers, Washington D.C., 6 March 1992, signed by MG Arthur E. Williams, Directorate of Civil Works. U.S. Department of Agriculture, Natural Resources Conservation Service and the National Technical Committee for Hydric Soils. 1996. NRCS National Hydric Soils List. U.S. Department of Agriculture, Natural Resources Conservation Service. 1995. Soil Survey of McDowell County, North Carolina. U.S. Fish and Wildlife Service. 1995. National Wetlands Inventory Map, Moffitt Hill 7.5' Quadrangle, North Carolina. U.S. Fish and Wildlife Service, Region 4: Southeast Region, North Carolina Ecological Services. 2001. Threatened and Endangered Species in North Carolina: McDowell County. Updated 22 March 2001. h~tp'//nc-es_fws.gev/es/coan , r.html U.S. Geological Survey. 1994. Moffitt Hill, North Carolina, Topographic Quadrangle (7.5-minute series). Webster, W.D., J.F. Parnell, and W.C. Biggs. 1985. Mammals of the Carolinas, Virginia, and Maryland. The University of North Carolina Press. Chapel Hill, North Carolina. NCDOT Page 23 02/26/2002 t a TIP B-4192 NATURAL RESOURCES TECHNICAL REPORT APPENDIX A Biological Conclusions for Federally Protected Species Found in Mcbowell County, North Carolina NCDOT 02/26/2002 1 TIP 8-4192 NATURAL RESOURCES TECHNICAL REPORT Bald Eagle (Haliaeefus /eucocephalus) Threatened Animal Family: Accipitridae Date Listed: Endangered, 1967; Threatened, 1995 Characteristics: The bald eagle is a large raptor. The characteristic adult plumage consists of a white head and tail with a dark brown body. Juvenile eagles are completely dark brown and do not fully develop the white head and tail until the fifth or sixth year. Fish are the primary food source, but-bald eagles. will also take a variety of birds, mammals, and turtles (both live and as carrion) when fish are not readily available. Adults average about 3.0 feet (0.9 meter) from head to tail, weigh approximately 10 to 12 pounds (4.5 to 5.4 kilograms) and have a wingspan that can reach 7.0 feet (2.1 meters). Generally, female bald eagles are somewhat larger than the males. Distribution: Breeds primarily in eastern third of Texas (mostly east of I-35); winters wherever open water occurs. Habitat: Quiet coastal areas, rivers or lakeshores with large, tall trees. Man-made reservoirs have provided excellent habitat. Bald Eagles in North Carolina: In 1982, there were zero bald eagle nests in North Carolina. In 1998, there were 17 nests; in 2000, there were 34 nests. Several new nests have been located so far during the 2001 nesting season: The Bald Eagle's recovery has lead to a proposal for de-listing the bald eagle from the Endangered/Threatened Species List. . Threats to Species: The decline of the Bald Eagle coincided with the introduction of the pesticide DDT in 1947. Birds of prey at the top of the ' food chain, such as eagles, ingested relatively high levels of the pesticide, which was concentrated in the fatty tissues of their prey. Eagles contaminated with DDT failed to lay eggs or produced thin eggshells that broke during incubation. In 1972, DDT was banned in the United States, and a slow recovery for the Bald Eagle began. Loss of nesting habitat due ' to development along the coast and near inland rivers and waterways also has resulted in'decreasing numbers of Bald Eagles. Distinguishing Characteristics: Bald eagle (Haliaeetus leucocephalus) adults have white heads and tails, a dark brownish black body, with yellow bill, eyes, and feet. Immature species are variable in plumage but generally have a dark brown, blotchy head, tail and bodies; brownish bill, yellow feet, and pale yellow-gray eyes. They are normally found near water, but during migration may occur in any part of the state. Their size is approximately 3.0 feet (0.9 meter) long with a 7.0 feet (2.1 meters) wingspan. t Investigation: The North Carolina Natural Heritage Program's database of rare species and unique habitats was reviewed in September of 2001. No populations of the species have been. recorded in the .project vicinity. The project area was investigated on 25 July 2001.. No individual organisms, populations, or suitable habitat were observed within the project area. Biological Conclusion: No Effect NCDOT A-1 02/26/2002 TIP 8-4192 Bog Turtle (Clemmys muhlenbergi~) Threatened (S/A) Animal Family: Emydidae Date Listed: November 4, 1997 Characteristics: The bog turtle (Clemmys muhlenbergii) is a small freshwater turtle that has a carapace length of 4.5 inches -(11.4 centimeters) or less. The surface of the carapace is rough with growth annuli, (worn smooth on adults) and a dark brown, black or mahogany color. The plastron is hingeless and black with irregular shaped yellow to cream blotches along the midline. Fleshy parts are brown to pink-brown and may have some red mottles on limbs. A large conspicuous orange, yellow or reddish blotch lies behind both eyes, but is degenerated in old adults. A low medial keel is present in juveniles. They are found in freshwater wetlands characterized by open fields, meadows, marshes, slow moving streams, ditches, or boggy areas. In July and August they aestivate in the soft mud. Distribution: The northern population of the bog turtle, which ranges from New York and Massachusetts south to Maryland, is designated as threatened. The southern population of the bog turtle, ranging from southem Virginia to northem Georgia, is also. protected with a threatened designation because its physical appearance is similar to the northem population. The southern bog turtle population is separated from the northem population by approximately 250 miles (402 kilometers). Currently,. bog turtles (Clemmys muhlenbergi~~ are known to remain at fewer than 200 sites in their northern range. Based on site habitat quality, only 35 of the 176 sites assessed may be capable of supporting healthy bog turtle populations into the future unless measures are taken to protect, maintain and restore bog turtle habitat. The northern population of the bog turtle has declined by 50 percent, mostly within the past 20 years. Habitat: It is found upland freshwater wetlands characterized by open fields, meadows, marshes with slow moving streams, ditches, and boggy areas. In July and August the turtle aestivate in soft mud. During winter they hibernate below the frost zone in holes, Muskrat borrows, clumps of sedges or the mud of waterways. Threat to Species: Illegal collection, primarily for the national and intemational pet trade, as well as loss and modification of the bog turtle's wetland habitat,_have resulted in a reduction of the species' range and a decline in the size of the remaining population. Bog turtles are highly prized in the pet trade,-bringing high prices from collectors and dealers, according to Hamilton. With the new threatened designation, collection and other activities such as habitat destruction or degradation, and interstate sale, export or import of bog turtles are prohibited by the Act. Since 1975, the Convention on International Trade in Endangered Species of Wild Fauna and Flora has monitored. international trade in bog turtles, requiring permits for legal trade. However, significant illegal trade in bog turtles exists. All seven states in its northern range and all five states in its southern range provide varying degrees of protection for the bog turtle. Distinguishing Characteristics: Bog turtles are easily distinguished from other turtles by the large, conspicuous bright orange, yellow, or red blotch found on each side of the head. Adult bog turtle shells are 3.0 to 4.5 inches (7.6 to 11.4 centimeters) in length and range in color from light brown to ebony. Investigation: The North Carolina Natural Heritage Program's database of rare species and unique habitats was reviewed in September of 2001. No populations of the species have been recorded in the project vicinity. The project area was investigated on 25 July 2001. No individual organisms, populations, or suitable habitat were observed within the project area. Biological Conclusion: NO SURVEY REQUIRED. NATURAL RESOURCES TECHNICAL REPORT NCDOT A-2 02/26/2002 t TIP 8-4192 NATURAL RESOURCES TECHNICAL REPORT Mountain Golden Heather (Hudsonia montana) Threatened Plant Family: Cistaceae Date Listed: October 20, 1980 ' Characteristics: Mountain golden heather is a low, needle-leaved shrub with yellow flowers and long-stalked fruit capsules. It usually grows in clumps of 4.0 to 8.0 inches (10 to 20 centimeters) across and about 6.0 inches (15 centimeters) high, and sometimes is seen in larger patches of 1.0 to 2.0 feet (0.3 to 0.6 meter) across. The plants have the general aspect of a big moss or a low juniper, but their branching is more open; their leaves are about 0.25 inch (0.6 centimeter) long; and the plant is often somewhat yellow-green in color, especially in shade. The leaves from previous years ' appear scale-like and persist on the older branches. The flowers appear in early or mid-June, and are yellow, nearly 1.0 inch (2.5 centimeters) across, with five blunt-tipped petals and 20 to 30 stamens. The fruit capsules are on 0.5 inch (1.3 centimeters) stalks, and are roundish with three projecting points at the tips. These fruits often persist after opening, and may be seen at any time of the year. t Distribution: This plant is found only in Burke and McDowell Counties, North Carolina, at elevations of 2,800 to 4,000 feet (853 to 1,219 meters). Originally discovered on Table Rock Mountain in 1816, mountain golden heather has since been found at several other sites in Linville Gorge and on Woods Mountain. All sites are on public land within the Pisgah National Forest. Mountain golden heather is known from several localities within its range with the total number of plants possibly numbering 2,000 to 2,500. Monitoring is needed to determine if the plant's abundance may be cyclic. Habitat: Mountain golden heather grows on exposed quartzite ledges in an ecotone between bare rock and Leiophyllum dominated heath balds that merge into pine/oak forest. The plant persists for some time in the partial shade of pines, ' but it appears less healthy than in open areas. Critical Habitat: Critical habitat includes the area in Burke County bounded by the following: on the west by the 2,200-foot (671- meter) contour; on the east by the Linville Gorge Wilderness Boundary north from the intersection of the 2,200-foot (671-meter) contour and the Short Off Mountain Trail to where it intersects the 3,400-foot (1,036-meter) contour at the "Chimneys"; then follow the 3,400-foot (1,036-meter) contour north until it re-intersects with the Wildemess Boundary; then follow the Wilderness Boundary again northward until it intersects the 3,200-foot (975-meter) contour extending west from its intersection with the Wilderness Boundary until- it begins to turn south. At this point, the boundary extends due east until it intersects the 2,200-foot (671-meter) contour. (The Woods Mountain sites were unknown at the time Critical Habitat was designated.) ' Threats to Species: Fire suppression and trampling. Recreational use by hikers has resulted in a loss of plants due to trampling and soil compaction. Competition with other. shrubs has also reduced size and vigor of populations. The small size and number of populations increases the plant's vulnerability to extinction through both natural and man-made factors. References: Morse, Lary E. 1979. Report on the Conservation Status of Hudsonia montana, A Candidate Endangered Species. Prepared by the Cooperative Parks Study Unit of the New York Botanical Garden. 37 pp. U.S. Fish and Wildlife Service. 1983. Mountain Golden Heather Recovery Plan. U.S. Fish and Wildlife Service. Atlanta, Georgia. 26 pp. - Distinguishing Characteristics: Mountain golden heather (Hudsonia montana) is a member of the rockrose family (Cistaceae) that is characterized as a small needle-leaved shrub with yellow flowers nearly 1.0 inch (2.5 centimeters) across and long-staked fruit capsules. It is usually growing in clumps 4.0 to 8.0 inches (10 to 20 centimeters) across and 6.0 inches (15 centimeters) high. The flowers are made up of five blunt tipped petals, and flowering occurs from mid-June to July. Non-flowering plants resemble large moss or small juniper with leaves about 0.25 inch (0.60 centimeter) long and somewhat yellow-green in color. Fruit capsules are on 0.5 inch (1.3 centimeters) stalks that are roundish with three projecting points at the tips. They are found in exposed quartzite ledges at elevations from 2,200 to 3,400 feet (671 to 1,036 meters), between bare rock and sand myrtle-dominated heath balds that merge into pine/oak forest. The plant can persist for some time in the partial shade of pines to open areas. NCDOT A-3 .02126/2002 1 TIP B-4992 NATURAL RESOURCES TECHNICAL REPORT Investigation: The North Carolina Natural Heritage Program's database of rare species and unique habitats was reviewed in September of 2001. No populations of the species have been recorded in the project vicinity. The project area was investigated on 25 July 2001. Mountain Golden Heather is reported to occur at elevations ranging from 2,800 to 4,000 feet (853 to 1,219 meters) (msl). The maximum elevation of 1,520 feet (463 meters) (msl) within the project area is considered too low to serve as suitable habitat. No individual organisms, populations, or suitable habitat were observed within the project area. Biological Conclusion: No Effect NCDOT A-4 02/26/2002 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TIP 8-4192 NATURAL RESOURCES TECHNICAL REPORT APPENDIX B Qualifications of Principal Investigators NCDOT 02/26/2002 TIP B-4192 NATURAL RESOURCES TECHNICAL REPORT j ll h Investigator: Martin L. Mitc e Education: B.U.S. (double major in Geology and Biology), University of New Mexico ' M.A. in Marine Science, College of William and Mary Certification: Professional Geologist Virginia License Number 001351 (1997) Experience: Project Manager/Environmental Scientist, HSMM, Inc. 1988 to present. Project Manager/Environmental Scientist, The BSC Group, 1986 to 1988. Wetlands Ecologist /Coastal Geologist, .Massachusetts Department of Environmental Quality Engineering, Wetlands and Waterways Division, 1984 to 1986. Geologist, Virginia Division of Mineral Resources, 1981 to 1983. Expertise: Wetland delineations, wetland function and value assessments, wetland mitigation and stream restoration, biotic community inventories and mapping, threatened and endangered species investigations, environmental regulatory permit processing. I Investigator: Education: Anne L. Timm B.A. Biology, Luther College- . Master of Environmental Science, Indiana Urnversity Certification: Aquatic Insect Collection Protocols Certification through NCDWQ Experience: Environmental Scientist, HSMM, Inc., 2000 to present Intern, Fallwood Nature Center, 2000. Data Management Assistant, Wisconsin Department of Natural Resources, Bureau of Watershed Management, 1997 to 1998. Science and Biology Teacher, U.S. Peace Corps, 1994 to 1996. Aquatic Biology Research Assistant, PEW Research Fellowship, Luther College, 1993. Expertise: Aquatic and wetland habitat assessments, biotic community inventories and mapping, rapid bioassessment, benthic macroinvertebrate sampling and identification, wetland delineation, wetland function and value assessments, wetland habitat restoration, GPS surveys. u NCDOT 8-1 02/26/2002 TIP 8-4192 NATURAL RESOURCES TECHNICAL REPORT APPENDIX C Wetland Data Forms NCDOT 02/26/2002 DATA FORM .ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) t 1 1 t t a Project/Slte: 8-4192 Bridge Replacement NRTR Date: July 25, 2001 Applicant/OW ner: NCDOT CO./City: McDowell County II'1V@StlgatOr: Martin Mitchell (HSMM, Inc.) State: North Carolina Do Normal Circumstances exist on the site? Yes Community ID: Is the site significantly disturbed (Atypical Situation)? No, Transect ID: Is the area a potential Problem Area? No Plot ID: NE2u (If needed, explain on reverse) V FGFTATInN I'lnminant Plant Speriac $tl~tLpl ~Cld1CaL41: f)nminant Plant Spp .i c ~tr3trlrri Ind_sator 1. Grass so. Herb 9. 2. P/antaao so. Herb 10. 3. Liaustrum sinense S/S FAC 11. 4. Lonicera iaoonica Herb FAC- 12. 5. Taraxacum officinale Herb FACU 13. 6. 14. 7. 15. g. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 33% Remarks: HYDRnI_OGY x Recorded. Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: _ Other (Explain in Remarks) _ Inundated -Saturated in Upper 12 Inches No Recorded Data Available _ Water Marks _ Drift Lines Feld Observations: ~ _ Sediment Deposits Depth of Surface Water: (in•) _ Drainage Patterns in Wetlands Depth to Standing Water in P'it: (in.) Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Depth to Saturated Soil: (in.) Water-Stained Leaf Litter _ Local Soil Survey Data FAC-Neutral Test , -Other (Explain in Remarks) Remarks: Adjacent to waterway shown in NCDOT black and white aerial photo. DATA FORM (continued) ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) " SOILS Map Unit Name lotla sandy loam (IoA) (Series and Phase): Somewhat Drainage Class: ,.,,.~„ ,~~~;.,ea Feld Observations Taxonomy (Subgroup): Mesic Fluvaquentic Dystrudepts Confirmed Mapped Type? Yes Profi, IP DPC~r' t=n ion. Depth Matrix Color (inched- Horizon (M mcP_~_ _II M.oiytl f Mottle Colors Mottle Texture, Concretions, M~nc_ell Mnictl Ab mdan ../ .ontract_ Struct~recYpt~ A 10YR 5/6 SILTY SAND Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Hydric Soils List Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Units mapped by NRCS are non-hydric. " WETLAND DETERMINATION Hydrophytic Vegetation Present? NO Wetland Hydrology Present? NO Is this Sampling Point Within a Wetland? NO Hydric Soils Present? NO Remarks: Approved by HOUSACE 3/92 1 1 ;l 1 t t DATA FORM. ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 8-4192 Bridge Replacement NRTR Date: July 25, 2001 Applicant/Owner: NCDOT Co./City: McDowell County Investigator: Martin Mitchell (HSMM, Inc.) State: North Carolina Do Normal Circumstances exist on the site? Yes Community ID: Is the site significantly disturbed (Atypical Situation)? No Transect ID: Is the area a potential Problem Area? rb Plot ID: NE2W (If needed, explain on reverse) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species- Stratum Indicator 1. Rumex verticillatus -Herb FACW+ 9. 2.Alnus serrulata Herb FACW 10, 3. Leersia orvzoides erb OBL 11. 4.Arthraxon hisoidus Herb FACU+ 12. 5. 13. 6. 14. 7. 15. g, 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 75% Remarks: HYDROLOGY. X Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: Other (Explain in Remarks) _ Inundated XX Saturated in Upper 12 Inches No Recorded Data Available _ Water Marks XX Drift Lines Field Observations: XX Sediment Deposits Depth of Surface Water: (in.) Drainage Patterns in Wetlands Depth to Standing Water in Pit: (in,) Secondary Indicators (2 or more requiredl: Oxidized Root Channels in Upper 12 Inches Depth to Saturated Soil: 3 (in.) _ Water-Stained Leaf Litter Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks: Adjacent to waterway shown in NCDOT black and white aerial photo. - DATA FORM (continued) ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) SOILS Map Unit .Name Somewhat (Series and Phase): lotla sandy foam (IoA) Drainage Class: Poorly drained Feld Observations Taxonomy (Subgroup): Mesic Fluvaquentic Dystrudepts Confirmed Mapped Type? No Profit D .c .r' tq~ ion. Depth Matrix Cotor _ Horizon (M~nsell Meict_l Mottle Colors Mottle Texture, Concretions, (M me .II Moictl Ahundance/Contrast- St r~~et~~rPC~~tc_ A 10YR 411 SILTY SAND Hydric Soil Indicators: Histosol _ Concretions _ _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions Listed on National Hydric Soils List XX Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Units mapped by NRCS are non-hydric. Soils observed likely represent hydric soil inclusion, which USDA reports to occur within lotla map units, or fluvaquents. WETLAND DETERMINATION Hydrophytic Vegetation Present? .YES Wetland Hydrology Present? YES Is this Sampling Point Within a Wetland? YES Hydric Soils Present? YES Remarks: Approved by HQUSACE 3/92 l r A 1 t DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Slte: 8-4192 Bridge Replacement NRTR Date: July 25, 2001 Applicant/Owner: NCDOT CO./City: McDowell County II1V@StlgatOr: Martin Mitchell (HSMM, Inc.) State: North Carolina Do Normal Circumstances exist on the site? Yes Community ID: Is the site significantly disturbed (Atypical Situation)? No Transect ID: Is the area a potential Problem Area? No Plot ID: Nw3u (If needed, explain on reverse) VEGETATION Dominant Plant $rorias 1. Liaustrum sinense $tratnm Inds S/S FAC rlnminant Plant SpPC.ias Stratum Jndirator 9. 2. Rubus so. S/S 10. 3, Toxicodendron radicans Vine FAC 11. 4. Smilax rotundifolia Vine FAC 12. 5, Solidaao so. ~Prh 13. 6. Rosa multiflora S/S UPL 14. 7. Prunus viainiana S/S FACU 15. g. Soliaado caesia var. curtisii .Herb FACU 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAG): 50% Remarks: HYDROLOGY X Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: _ Other (Explain in Remarks) _ Inundated _ Saturated in Upper 12 Inches No Recorded Data Available _ Water Marks _ Drift Lines Feld Observations: _ Sediment Deposits Depth of Surface Water. (in•) _ Drainage Patterns in Wetlands Depth to Standing Water in Rit: (in.) Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Depth to Saturated Soil: (in.) Water-Stained Leaf Litter _ Local Soil Survey Data FAGNeutral Test _ Other (Explain in Remarks) Remarks: Adjacent to waterway shown in NCDOT black and white aerial photo. DATA FORM (continued) ROUTINE WETLAND DETERMINATION (1987. COE Wetlands Delineation Manual) SOILS Map Unit Name Somewhat (Series and Phase): Iotla sandy loam (IoA) Drainage Class: Poorly drained Feld Observations Taxonomy (Subgroup): Mesic Fluvaquentic Dystrudepts Confirmed Mapped Type? Yes Profile Deco' t'n ion' Depth Matrix Color (inrhe~ Horiion (Munsell Moistl Mottle Colors Mottle Texture, Concretions, (M mcP~ll .M~ictl Abundan . -/ •ontract_ Structurec_~etc_ A SILTY SAND Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Hydric Soils List Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Units mapped by NRCS are non-hydric. WETLAND DETERMINATION Hydrophytic Vegetation Present? NO Wetland Hydrology Present? NO Is this Sampling Point Within a Wetland? NO Hydric Soils Present? NO Remarks: r w A 1 1 1 1 1 Approved by HOUSACE 3/92 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation. Manual) PI'OJ@Ct/Slte: 8-4192 Bridge Replacement NRTR Date: July 25, 2001 Applicant/OW ner: NCDOT Co./Clty: McDowell County ItlveStlgatOr: Martin Mitchell (HSMM, Inc.) State: North Carolina Do Normal Circumstances exist on the site? Yes Community ID: Is the site significantly disturbed (Atypical Situation)? No Transect ID: Is the area a potential Problem Area? No Plof ID: Nw3w (If needed, explain on reverse) VEGETATION Dominant Plant SnPCiee 1. Alnus serrulata ~tLatLIIl Inds S/S FACW Dominant Plant SpPries 9. Sium suave Stratum Herb Indi _ator OBL 2. Lindera benzoin S/S FACW 10 Rosa multiflora S/S UPL 3, Salix niara S/S OBL 11.Lonicera iaoonica Herb FAC- 4. Comus amomum S/S FACW+ 12. Rubus hisoidus Herb FACW 5. Impatiens caoensis ~IjL FACW 13. 6. Mertensia virainica Herb "FAC+ 14. 7. Parthenocissus auinouefolia Herb FAC 15. 8. Microsteaium vimineum Hgrb_ FAC+ 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAG): 83% Remarks: HYDROLOGY X Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _ Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: Other (Explain in Remarks) _ Inundated XX Saturated in Upper 12 Inches _ No Recorded Data Available _ Water Marks XX Drift Lines Feld Observations: XX Sediment. Deposits Depth of Surface Water. (n•) _ Drainage Patterns in Wetlands Depth to Standing Water in Pit: (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Saturated Soil: 6 (in.) Water-Stained Leaf Litter _ Local Soil Survey Data FAGNeutral Test -Other (Explain in Remarks) Remarks: Adjacent to waterway shown in NCDOT black and white aerial photo. DATA FORM (continued) ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) SOILS Map Unit Name Somewhat (Series and Phase): lotla sandy loam (IoA) Drainage Class: Poorly drained Feld Observations Taxonomy (Subgroup): Mesic Fluvaquentic Dystrudepts Confirmed Mapped Type? No Profile Descr' tin ion• Depth Matrix Color lin .h .~_ Horizon fM me .I~ P I Moict) Mottle Colors Mottle Texture, Concretions, fM me~Il Moiat). Abundance/Contrac_t_ tr ~ .t ~r .c~ P. -tom A SILTY SAND COBBLE Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Hydric Soils List - _ Reducing Conditions _ Listed on National Hydric Soils List XX Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks Units mapped by NRCS are non-hydric. Soils observed likely represent hydric soil inclusion, which USDA reports to occur within lotla map units, or fluvaquents. WETLAND DETERMINATION Hydrophytic Vegetation Present? YES Wetland Hydrology Present? YES Is this Sampling Point Within a Wetland? YES Hydric Soils Present? YES Remarks: Approved by HOUSACE 3/92 t 1 1 t t DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Pr0J0Ct/Sate: 8-4192 Bridge Replacement NRTR AppllCant/OW ner: NCDOT 111V@StlgatOr: Martin Mitchell (HSMM, Inc.) Date: July 25, 2001 CO./City: McDowell County State: North Carolina Do Normal Circumstances exist on the site? Yes Community ID: Is the site significantly disturbed (Atypical Situation)? No Transect ID: Is the area a potential Problem Area? No Plot ID: sE2u (If needed, explain on reverse) VEGETATION r)nminant Plant So - .i -c 1. Unknown Grass so. ,Sttat.tl(',Il Indicator Herb I')nminant Plant Spe -I .c $tlat.llD1 Indi .ator 9. 2. Plantaao so. Herb 1"0. 3, Liaustrum sinense S/S FAC 11. 4. Arthraxon hisoidus Herb FAC- 12. 5. Taraxacum officinale H~ FACU 13. 6. Prunus viroiniana S/S FACU 14. 7. Lonicera iaoonica Vine FAC- 15. g. Soliaado caesia var. curtisii jjPrb FACU 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAG): 17% Remarks: HYDROLOGY X Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: _ Other (6cplain in Remarks) _ Inundated _ Saturated in Upper 12 Inches No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits Depth of Surface Water: (in•) _ Drainage Patterns in Wetlands Depth. to Standing Water in Pit: (in,) Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Depth to Saturated Soil: (in•) Water-Stained Leaf Litter x~ Local Soil Survey Data _ FAC-Neutral Test -Other (Explain in Remarks) Remarks: Adjacent to waterway shown in NCDOT black and white aerial photo. DATA FORM (continued) ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) SOILS Map Unit Name Somewhat (Series and Phase): lotla sandy loam (IoA) Drainage Class: poorly drained Field Observations Taxonomy (Subgroup): Mesic Fluvaquentic Dystrudepts Confirmed Mapped Type? Yes Profile D -c .r' to ion' Depth Matrix Color (inrthe_~ Horizon (M mci PII Moictl ( Mottle Colors Mottle Texture, Concretions, M mei PII Moistl Ahundance/Contract Str~ct~rec_, Ptr. A 10YR 5/6 SILTY SAND Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Units mapped by NRCS are non-hydric WETLAND DETERMINATION Hydrophytic Vegetation Present? NO Wetland Hydrology Present? NO Is this Sampling Point Within a Wetland? NO Hydric Soils Present? NO Remarks: w Approved by HQUSACE 3/92 1 1 t t t A DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands-Delineation Manual) Project/Site: 8-4192 Bridge Replacement NRTR Date: July 25, 2001 Applicant/Owner: NCDOT Co./City: McDowell County Investigator: Martin Mitchell (HSMM Inc.) State: North Carolina Do Normal Circumstances exist on the site? Yes Community ID: Is the site significantly disturbed (Atypical Situation)? No Transect ID: Is the area a potential Problem Area? rb Plot ID: SE2W (If needed, explain on reverse) VEGETATION Dominant Plant Species .Stratum Indicator Dominant Plant Species Stratum Indicator 1. Euoatorium fistu/osum Herb FAC+ 9. yitic aPCtivalis -Herb FAC- 2. Impatiens caoensis. Herb FACW 10J Parcia nnrznides Herb OBL 3. Rosa multiflora S/S UPL 11.Boehmeria cvlindrica Herb FACW 4.Prunus viroiniana S/S FACU 12•Soliaado caesia var. curtisii Herb FACU 5. Microsteaium vimineum H~ FAC+ 13. 6. Rumex verticillatus Herb FACW+ 14. 7. Salix niora S/S OBL 15. 8. Polvaonum arifolium E1~rb~ OBL 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-1: 66% Remarks: HYDROLOGY X Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake, or Tide Gauge x Aerial Photographs Primary Indicators: Other (Explain in Remarks) _ Inundated _ XX Saturated in Upper 12 Inches _ No Recorded Data Available _ Water Marks )OC Drift Lines Field Observations: XX Sediment Deposits Depth of Surface Water: (in•) _ Drainage Patterns in Wetlands Depth to Standing Water in Pit: (in.) ~ Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Saturated Soil: 5 (in.) _ Water-Stained Leaf Litter _ Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks: Adjacent to waterway shown in NCDOT black and white aerial photo. DATA FORM (continued) ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) SOILS Map Unit Name Somewhat (Series and Phase): lotla sandy loam (IoA) Drainage Class: Poorly drained Feld Observations Taxonomy (Subgroup): Mesic Fluvaquentic Dystrudepts Confirmed Mapped Type? No Rofile Descri t~ ion. Depth Matrix Color finche_~ Horizon IM~nsell Moistl ( Mottle Colors Mottle Texture, Concretions, M mi c~II Moistl Abundance/Contrast_ Structures, eta A 10YR 4J1 SILTY SAND Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List XX Gleyed or Low-Chroma Colors _ Other (Explain in Remark) Remarks: -Units mapped by NRCS are non-hydric. Soils observed likely represent hydric soil inclusion, which USDA reports to occur within lotla map units, or fluvaquents. WETLAND DETERMINATION Hydrophytic Vegetation Present? YES _ Wetland Hydrology Present? YES Is this Sampling Point Within a Wetland? YES Hydric Soils Present? YES Remarks: Approved by HOUSACE 3/92 1 i t t 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 8-4192 Bridge Replacement NRTR AppllCant/Owner: NCDOT InV@StlgatOr: Martin Mitchell (HSMM, Inc.) Date: July 25, 2001 CO./City: McDowell County State: North Carolina Do Normal Circumstances exist on the site? Yes Community ID: .Is the site significantly. disturbed (Atypical Situation)? No Is the area a potential Problem Area? No Transect ID: Plot ID: swlu (If needed, explain on reverse) VEGETATION 1'lnminant Plant ~?ries 1. P/atanus occidentalis Strom Tree Indicator FACW- rlnminant Plant SneC'te~ ;ztLa1a1Q1 Indicator 9. 2. Jualans niara Tree UPL 10. 3. Rubus so. S/S 11. 4. Euoatorium fistulosum Herb FAC+ 12. 5, Toxicodendron radicans Vine FAC 13. 6. Lonicera iaoonica Vine FAC- 14. 7. Cirsium so. Herb 15. g. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 60% Remarks: HYDROLOGY X Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _ Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: _ Other (Explain in Remarks) _ Inundated -Saturated in Upper 12 Inches No Recorded Data Available _ Water Marks _ Drift Lines Field Observations _ Sediment Deposits Depth of Surface Water: (in•) _ Drainage Patterns in Wetlands Depth to Standing Water in Pit: (in.) Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Depth to Saturated Soil: (in•) Water-Stained Leaf Litter _ Local Soil Survey Data _ FAGNeutral Test -Other (Explain in Remarks) Remarks: Adjacent to waterway shown in NCDOT black and white aerial photo. DATA FORM (continued) ROUTINE WETLAND DETERMINATION (1.987 COE Wetlands Delineation Manual) SOILS Map Unit Name Somewhat (Series and Phase): lotla sandy loam (IoA) Drainage Class: Poorly drained Feld Observations Taxonomy (Subgroup): Mesic Fluvaquentic Dystrudepts Confirmed Mapped Type? Yes Profile Descr' ttp ion• Depth Matrix Color li~~ Horizon fMunsell Moistl Mottle Colors Mottle Texture, Concretions, (Munsell Moistl Abundance/Contrast- Structures, etc. A 10YR 4/4 SILTY SAND Hydric Soil Indicators: _ Histosol _ Concretions Histic Epipedoo _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on total Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Units mapped by NRCS are non-hydric. WETLAND DETERMINATION Hydrophytic Vegetation Present? NO Wetland Hydrology Present? NO Is this Sampling Point Within a Wetland? NO Hydric Soils Present? NO Remarks: Approved by HOUSACE 3/92 1 t t 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Pr0)eCt/Site: 8-4192 Bridge Replacement NRTR AppllCant/Owner: NCDOT IflveStlgatOr: Martin Mitchell (HSMM, Inc.) Date: July 25, 2001 CO./City: McDowell County State: North Carolina Do Normal Circumstances exist on the site? Yes Community ID: Is the site significantly disturbed (Atypical Situation)? No Is the area a potential Problem Area? No Transect ID: Plot ID: svvlw (If needed, explain on reverse) VEGETATION Dominant Plant S(+PCiac Strat~~m i .ator rlnminant Plant ~pPrias $tlat.UO1 1IIdiGat.Oi 1. Platanus occidentalis S/S FACW- 9. Lonicera iaoonica Vine FAC- 2. Salix niara S/S OBL 10.Sium suave Herb OBL 3, Alnus serrulata S/S FACW 11.Polvoonum arifolium Herb OBL 4. Impatiens caoensis Herb FACW 12. Polvaonum ounctatum Herb FACW 5, Euoatorium frstulosum Herb FAC+ 13. 6. Arthraxon hisoidus Herb FACU 14. 7, Cicuta maculata Herb OBL 15. g. Microsteaium vimineum H~ FAC+ 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAG): - 83% Remarks: HYDROLOGY X Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _ Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: _ Other (Explain in Remarks) _ Inundated XX Saturated in Upper 12 Inches _ No Recorded Data Available _ Water Marks XX Drift Lines Feld Observations: )UC Sediment Deposits Depth of Surface Water: (in•) _ Drainage Patterns in Wetlands Depth to Standing Water in Pit: ' (in,) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Saturated Sail: 6 (in.) _ Water-Stained Leaf Litter _ Local Soil Survey Data FAC-Neutral Test _ Other (Explain in Remarks) Remarks: Adjacent to waterway shown in NCDOT black and white aerial photo. DATA FORM (continued) ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) SOILS Map Unit Name Somewhat (Series and Phase): lotla sandy loam (IoA) Drainage Class: Poorly drained Feld Observations Taxonomy (Subgroup): Mesic Fluvaquentic Dystrudepts Confirmed Mapped Type? No Profile Descrintion~ Depth Matrix Color (inrh _~ Horizon (M~nsell Moistl Mottle Colors Mottle Texture, Concretions, (M~nsell Moistl Abundance/Contract_ Str~ct~re._q,p_fc." A SILTY SAND Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Hydric Soils List Reducing Conditions _ Listed on National Hydric Soils List XX Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Units mapped by NRCS are non-hydric. Soils observed likely represent hydric soil inclusion, which USDA reports to occur within lotla map units, or fluvaquents. WETLAND DETERMINATION Hydrophytic Vegetation Present? YES Wetland Hydrology Present? YF~ Is this Sampling Point Within a Wetland? YES Hydric Soils Present? YES Remarks: Approved by HOUSACE 3/92 1 t t TIP 8-4192 NATURAL RESOURCES TECHNICAL REPORT APPENDIX D DWQ Wetland Rating Worksheets NCDOT 02/26/02 [] 1 i i 1 1 e 1 1 J 1 i i «'ETLA\D RATING ~'~'ORKSHIJET Fourth Version Project Name NCDOT B-4192 Bridge Replacement NRTR Nearest Road SRl 103 County McDowell Wetland Area < 2 acres Wetland Width 3 feet Name of evaluator Martin Mitchell (HSMM, Inc.) Date 10/5/01 Wetland Location on pond or lake x on perennial stream _ on intermittent stream _ within interstream divide other Soil Series Iotla sandv loam _ predominantly organic -humus, muck, or peat x predominantly mineral -non-sandy -predominantly sandy Hydraulic Factors x steep topography _ ditched or channelized total wetland width > 100 feet Adjacent land use (within 1/z mile upstream, upslope, or radius) x forested/natural vegetation 5 x agriculture, urban/suburban 90 x impervious surface 5 Dominant vegetation (1) Salix nigra (2) Rosa multiflora (3) Impatiens capensis Flooding and wetness _ semipermanently to permanently flooded or inundated seasonally flooded or inundated x intermittently flooded or temporary surface water no evidence of flooding or surface water Wetland type (select one)* _ Bottomland hardwood forest _ Pine savanna x Headwater forest _ Freshwater marsh -Swamp forest _ Bog/fen- _ Wet flat _ Ephemeral wetland _ Pocosin _ Carolina Bay _ Bog forest _ Other * the rating system cannot be applied to salt or brackish marshes or stream channels ---------------------------------------------------------------------------------------------- weight Wetland R Water storage 1 x 4.00 = ~~~ Rating A Bank/Shoreline stabilization 4 x 4.00 = 16 T Pollutant removal 1 x 5.00 = I ', _~ I Wildlife habitat 1 x 2.00 = ~! `IO ~~ N Aquatic life value 3 x 4.00 = 1 G Recreation/Education 1 ~ x 1.00 = *Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within'/2 mile _ upstream, upslope, or radius________________________ -----------------------------------------