20040373 Ver 1_Complete File_20040308

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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 17, 2005
Burke County
DWQ Project No. 04-0373
TIP Project No. B-3419
APPROVAL of 401 Water Quality Certification
Dr. Gregory J. Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 125 linear feet of streams, and 10,149.48 square feet (4,791.6 square feet in Zone 1 and
5,357.88 square feet in Zone 2) of Catawba River Riparian Buffers for the purpose of replacing Bridge
No. 46 on SR 1223 over Catawba River in Burke County. The ,project shall be constructed in accordance
with your application dated March 22, 2005 received March 24, ,2005. After reviewing your application,
we have decided that this fill is covered by General Water Quality Certification Numbers 3374 and 3404.
These certifications correspond to Nationwide Permits 12 and 14 issued by the Corps of Engineers. This
approval is also valid for the Catawba River Buffer Rules 15A NCAC 2B .0243. In addition, you should
acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality
Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ and submit a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter, and is
thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 1501inear feet,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to remain valid, you must adhere to the conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the Division of Water Quality upon completion of the project.
2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities,
unless approved otherwise by this certification.
N.,oQn~e?~Caro ma
Transportation Permitting Unit ~ttlCal~lb
1650 Meil Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

3.) No changes to the horizontal or vertical placement of the stormwater outfall locations, the horizontal
or vertical placement of the culverts, the horizontal or vertical placement of bridges, the horizontal or
vertical placement of grassed swales, or the horizontal or vertical placement of open ditches is
permitted without written approval from the NC Division of Water Quality 401 Wetlands Unit. In
addition, no changes to the flow spreader locations or designs, preformed scour hole locations or
designs are permitted without written approval from the NC Division of Water Quality 401 Wetlands
Unit. Any request for changes to the referenced items above will require submittal of a modification
request, with seven copies, and corresponding fees will need to be submitted to the North Carolina
Division of Water Quality.
4.) During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers.
5.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall
be restored to the preconstruction contours and revegetated with native woody species upon
completion of the project construction. Apost-construction as-built with the restoration activities
included shall be submitted to the DWQ no later than 60 days after the project is closed out by the
Department of Transportation. ~.
6.) If the old bridge is removed, no discharge of bridge material into surface waters is preferred. Strict
adherence the Corps of Engineers guidelines for bridge demolition will be a condition of the 401
Water Quality Certification.
7.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
8.) No live or fresh concrete shall come into contact with waters of the state until the concrete has
hardened.
9.) Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
10.)The dimension, pattern, and profile of the stream above and below the crossing should not be
modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains
and streams should be restored to natural geomorphic conditions.
11.)Any riprap used must not interfere with thalweg performance and aquatic life passage during low
flow conditions.
12.)All mechanized equipment operated near surface waters must be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.

13.)All work shall be performed during low or normal flow conditions.
14.)Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
15.)The outside buffer, wetland or water boundary located within the construction corridor approved by
this authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification.
16.)There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated
with this permit without appropriate modification of this permit. Should waste or borrow sites be
located in wetlands or stream, compensatory mitigation will be required since it is a direct impact
from road construction activities.
17.)Pursuant to NCACISA 2B.0243(6), sediment and erosion control devices shall not be placed in Zone
1 of any Catawba River Buffer without prior approval by the NCDWQ. At this time, the NCDWQ
has approved no sediment and erosion control devices in Zone 1 anywhere on this project. Moreover,
sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is
not compromised and that discharge is released as diffuse flow.
18.)Apnst-construction as-built drawing with the restoration activities included shall be submitted to the
DWQ no later than 60 days after the project is closed out by the NCDOT.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please contact Brian Wrenn at 919-733-5715 or John Hennessy at 919-
733-5694.
' cer ly,
L ~ -.__
~~ ~~
lan W. Klimek, P.E.
Attachment
cc: Angie Pennock, US Army Corps of Engineers Asheville Field Office
Mike Parker, DWQ Asheville Regional Office
File Copy
Central Files

B-3419
Subject: B-3419
From: Michael A Turchy <[e-mail]>
Date: Fri, 13 May 2005 14:27:14 -0400
To: Brian Wrenn <Brian.WrennC~ncmail.net>
Brian,
Regarding your question on temporary impacts for project B-3419, all construction
(permanent and temporary) should occur within the footprint of the permanent
impacts as shown in the permit drawings. At least that is what 1 have been told for
this project. Any temporary cofferdams will be placed/ phased within the shown
impact zone.
Thanks,
Michael
--------------------------------------------
Michael Turchy, Natural Systems Specialist
North Carolina Department of Transportation
PDEA ~ Office of Natural Environment
1598 Mail Service Center
Raleigh, NC 27699-1598
voice: 919.715.1468 fax: [phone]
http://www.ncdot.org/planning/pe/naturalunit/
1 of 1 5/ 16/2005 9:04 AM

B-3419 Response fi~om Hydro
Subject: B-3419 Response from Hydro
From: Michael A Turchy anaturchy(n~dot.statanc.us>
Date: Wed, 04 May 2005 10:37:41 -0400
'I'o: Brian Wrenn <Brian.WrennC~ncmail.net>
Here's a graphic swnmarizing some of the responses-- It's different response method, but may be a little easier to see....
Michael Turchy, Natural Systems Specialist
North Carolina Department of Transportation
PDEA ~ Office of Natural Environment
1598 Mail Service Center
Raleigh, NC 27699-1598
voice: 919.715.1468 fax: [phone]
htt www.ncdot.ory( Ip anni~~elnatur_alunit/
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1 of 2 5/4/2005 10:54 AM

B-3419 Response from Hydro
2 of 2 5/4/2005 10:54 AM

B-3419 Buffer Drawing
tiubject: B-3419 Buffer Drawing
From: Michael A Turchy <maturchyL~dotstate.nc.us>
Ua~te: Fri, I S Apr 2005 14:04:51 -0400
'I'o: Brian Wrenn <Brian.WrennC~>ncmaiLnct>
Brian,
I've discovered a problem with B-3419. I made the statement in the application that there would he no additional impacts to the Catawba
buffers. As I was scanning the buffer drawings, 1 discovered the culvert replacement to the west (UT-West) will be replaced in the buffer, and
this impact was not perviously accounted for in original application.
SO, I'll now be sending an addendum to the Mod to include the buffer impacts to the west.
Sorry about that,
-Michael
--------------------------------------------
Michael Turchy, Natural Systems Specialist
North Carolina Department of Transportation I i'v~ ~ ~,~~5~ /~
PDEA ~ Office of Natural Environment V" SWI~}- Of-UI`! Q`"~,_~{I~,U
1598 Mail Service Center /
Raleigh, NC 27699-1598 ~~.~ ° ~~ ~~~~.ta~q~
voice: 919.715.1468 Fax: [phone] V\
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DEPART~VIENT OF TRANSPORTATION ~ti
MICHAEL F. EASLEY
GOVERNOR
March 22, 2005
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh NC 27699-1650
ATTN: Mr. Brian Wrenn
NCDOT Coordinator
Dear Sir:
LYnmo T[PPE7T
SECRETARY
bya373~~r~o.
Subject: Request for written concurrence for a Nationwide 14 from NCDWQ for the
Replacement of Bridge No. 46 over Catawba River on SR 1223, Burke
County, Federal Aid Project No. BRZ-1223(8), State Project No. 8.2852001,
Debit work order no. 33046.1.1, TIP B-3419, Division 13. ~` 2 a~
Project History/ Background
NCDOT originally applied for a Nationwide 23 and section 401 general certification #3403
for this project on March 5, 2004; subsequently, due to additional streams located at the site
and utility impacts, a modification was made on June 16, 2004. NCDWQ issued Buffer
Certification No. 040373 on the original Nationwide 23 Permit Application dated March 17,
2004. A Nationwide 12 and 14 were issued by the Army Corps of Engineers siting the new
streams found were not described in the original Categorical Exclusion document, and
therefore no longer qualified for a Nationwide 23 Permit. Therefore, in lieu of the fact that a
Nationwide 14 Permit was issued, NCDOT now requires written concurrence from the
Division of Water Quality.
This project has already let, and contractors are waiting for the issuance of a 401 certification
to begin construction.
Review of Impacts from Previous Applications
Stream Impacts:
There will be 44 feet of permanent linear stream channel impacts in i1T-East from the
proposed installation of a 30-inch Reinforced Concrete Pipe and 81 feet of permanent linear
stream channel impacts in UT-West from the installation of a 48-inch Reinforced Concrete
Pipe. These values reflect the length of additional stream channel impacts from the
installation of each new structure.
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Buffer Impacts:
This project is located on the mainstem of the Catawba River Basin, therefore the regulations
pertaining to the buffer rules apply.
The low cord of the bridge deck is expected to be 12 feet (3.6 m) or more above the natural
ground. In compliance with the Catawba Buffer Rules, the stormwater from the deck drains will
have diffused flow into the buffer area. This project will have 4,791.6 squaze feet of allowable
impact in zone 1 and 5,357.88 square feet of allowable impact in zone 2, resulting in 10,149.48
square feet of total allowable impacts. By removing the old structure and approaches, 1,785.96
square feet of buffer area will be gained in zone 1 and 1,001.88 square feet will be gained in zone
2.
Previous Regulatory Approvals
Section 404 Permit: A Nationwide 12 and 14 was issued August 2, 2004 (Action ID#
200430687)
Section 401 & Buffer Certification: Division of Water Quality Buffer Certification No.
040373 was issued on the original Nationwide 23 Permit Application dated March 5, 2004.
No modification to this certification was necessary due to no additional impacts to the
Catawba River/ Buffer.
Application is hereby made for written certification form the Division of Water Quality
for the above- described activities. In compliance with Section 143-215.3D(e) of the
NCAC we will provide $475.00 to act as payment for processing the Section 401
certification application previously noted in this application (see Subject line). We are
providing seven copies of this application to the North Cazolina Department of
Environment and Natural Resources, Division of Water Quality, for their review.
A copy of this permit application will be posted on the DOT website at:
http://www.ncdot.org/planning/pe/naturalunit/Permi t.html.
If you have any questions or need additional information, please contact Mr. Michael Turchy
at [phone].
Sincerely,
~" `y
~-,/^' Gregory J. Thorpe, PhD., Environmental Management Director
Project Development and Environmental Analysis Branch
cc:
Cover Letter Only:
Ms. Angie Pennock, USACE, Asheville Office
Mr. J.J.Swain, P.E., Division Engineer
Mr. Roger Bryan, DEO

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..~ J William G. Ross Jr., Secretary
,1 >~ ~ North Carolina Department of Environment and Natural Resources
`\ Alan W. Klimek, P.E. Director
G Division of Water Quality
~ y Coleen H. Sullins, Deputy Director
~~` Ov Division of Water Quality
rS?• .,. ~
rrn. ~ >Y
ao
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March 17, 2004
Burke County
DWQ Project No. 040373
TIP Project B-3419
APPROVAL of CATAWBA RIVER BUFFER RULES AUTHORIZATION CERTIFICATE with
ADDITIONAL CONDITIONS
Mr. Gregory J. Thorpe, Ph.D., Director
NCDOT Project Development & Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions, to impact:
^ 4,791.6 square feet of protected riparian buffers in Zone 1 and
^ 5,357.9 square feet of protected riparian buffers in Zone 2
for the purpose of replacing Bridge No. 46 over Catawba River on SR 1223 in Burke County. The project
shall be constructed according to your application dated Mazch 5, 2004 and any conditions listed below.
This approval shall act as your Authorization Certificate as required within the Catawba River Area
Protection Rules (15A NCAC 2B .0243). In addition, you should get any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control
This approval is only valid for the purpose and design that you described in your application. If you change
your project; you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this authorization and approval letter and is thereby responsible
for complying with all conditions. For this approval to be valid, you must follow the conditions listed
below.
1. The outside buffer, wetland or water boundary as well as along the construction corridor within
these boundaries approved under this Certification shall be clearly-marked by orange fabric
fencing for the areas that have been approved to infringe within the buffer, wetland or water prior
to any land disturbing activities to ensure compliance with 15A NCAC 2B .0250.
2. This Certification does not authorize the discharge of waste rock and dirt into the stream or
riparian zone except for permitted areas associated with culvert conditions.
3. All storm water runoff shall be directed to sheet flow through stream buffers at non-erosive
velocities, unless approved otherwise by this certification.
4. During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers.
5. No changes to the horizontal or vertical placement of the stormwater outfall locations, the horizontal
or vertical placement of the culverts, the horizontal or vertical placement of bridges, the horizontal
or vertical placement of grassed swales, or the horizontal or vertical placement of open ditches is
permitted without written approval from the NC Division of Water Quality 401 Wetlands Unit. In
addition, no changes to the flow spreader locations or designs, preformed scour hole locations or
designs are permitted without written approval from the NC Division of Water Quality 401
tJ~L81:
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748

O~O~ W AT ~9QG
~ ~ ~ ~ ~
o ^.~,. `~
Wetlands Unit. Any request for changes to the referenced items above will require submittal of a
modification request, with seven copies, and corresponding fees will need to be submitted to the
North Carolina Division of Water Quality.
6. All mechanized equipment operated near surface waters must be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.
7. Pursuant to NCACISA 2B.0243(6), sediment and erosion control devices shall not be placed in
Zone 1 of any Catawba Buffer without prior approval by the NCDWQ. At this time, the NCDWQ
has not approved the use of sediment and erosion control devices in Zone 1 anywhere on this
project. Sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided
that Zone 1 is not compromised and that discharge is released as diffuse flow.
8. Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction. All protected riparian buffers impacted
by the placement of temporary fill or clearing activities shall be restored to the preconstruction
contours and re-vegetated with native woody species upon completion of the project construction.
9. Apost-construction as-built drawing with the restoration activities included shall be submitted to
the DWQ no later than 60 days after the project is closed out by the NCDOT.
10. Upon completion of the project, the NCDOT and/or its authorized agents shall complete and
return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC
Division of Water Quality upon completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudiCatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Cazolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the "No Practical Alternatives"
determination required in 15A NCAC 2B .0243(8). If you have any questions, please contact Cynthia Van
Der Wiele at 919-733-5715.
cc: US Anny Corps of Engineers Ashevil
DWQ Asheville Regional Office
File Copy
Central Files
Michaeh F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
N. C. Division of Water Ctuality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7746

F WgTF Michael F. Easley, Governor
~ ~Q
O~ PG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~
Vj ~ Alan W. Klimek; P.E. Director
j ~ Division of Water Quality
O '~
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certlffcate of Comaletlon
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Cazolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certlficaiion
I, ,hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state
that, to the best of my abilities, due caze and diligence was used in the observation of the construction
such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other
supporting materials.
Signature Registration No. Date

North Carolina Division of Water Quality, 401 Wetlands CertHication Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/

REPLY TO
ATTENTION OF:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
Action Identification Number: 200430687
Permit Number: NWP 12 and 14
Burke County
Permittee: North Carolina Department of Transportation
Attn: Gregory J. Thorpe, PhD
1598 Mail Service Center
Raleigh, North Carolina 27699-15989
Issuance: August 2, 2004
Project Manager: Angie Pennock
RECEIVED
AUu I 1 2004
DnIISlON OF HIGHWAYS
PDEA-0FFICE OF NATUAAL fNVIAONMENTI
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
ASHEVILLE REGULATORY FIELD OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
Please note that your permitted activity is subject to a compliance inspection by a U.
S. Army Corps of Engineers representative. If you fail to comply with this permit
you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and condition of the said permit, and
required mitigation was completed in accordance with the permit conditions.
Signature of Permittee
Date

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200430687 County: Burke USGS Quad: Glen Alpine
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Properly Owner /Authorized Agent: North Carolina Department of Transportation
Address: Attn: Gregory J. Thorpe, PhD
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Telephone No.: (9191733-3141
Size and location of project (water body, road name/number, town, etc.): The protect is located ~t Bridge No. 46 on SR
1223 (Power House Road), east of Lake James, in unnamed tributaries to the Catawba River and over the
Catawba River, west of Morganton, Burke County, North Carolina.
Description of activity: Discharge of till material into 1251inear feet of perennial streams for the installation of 2
culverts and a utility line in two unnamed tributaries (IJT) to the Catawba River located one each on the eastern
and western sides of the river. The impacts can be broken down as follows:
Western UT: 79 linear feet of impact associated with the installation of a 48-inch RCP culvert and 2 linear feet of
impact associated with the relocation of a buried utility Hne (the final location for the utility line will be under the
culvert but impacts will be separated temporally).
Easter UT: 44 linear feet of impact associated with the installation of a 30-inch RCP culvert.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344)
_ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12 and 14
Special Conditions
a) All work authorized by this permit must be performed in strict compliance with the plans received in this office
on July 1 and August 2, 2004, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USAGE) prior to implementation.
b) Except as authorized by this permit or any USAGE approved modification to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,
within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated
or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill
activities connected with this project.
c) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities
shall take place at any time in the construction or maintenance of this project, in such a manner as to impair
normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands.
d) All conditions of the attached North Carolina Wildlife Resources Commission letter of July 29, 2004 are hereby
incorporated as special conditions of this permit.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
Corps Regulatory Official (Initial): ~_

This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it
complies with all modifications. If the nationwide permit authorization expires or is suspended, revoked, or is modified,
such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which
have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit,
will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's
expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to
modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401
requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Angie Pennock at [phone] ext. 226.
Corps Regulatory Official ~; ~. 1'.Q,(,tccoGlL Date: 2 August 2004
Expiration Date of Verification: Z August 2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
North Carolina Department of Transportation
Mr. Michael Turchy
By Fax: [phone]
North Carolina Department of Transportation
Attn: J. J. Swain, Jr., PE
Post Office Box 3297
Asheville, North Carolina 2
North Carolina Department of Transportation
Attn: Roger Bryan
Post Office Box 3297
Asheville, North Carolina 28802
Division of Water Quality
North Carolina Department of Environment and Natural Resources
Attn: Brian Wrenn
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

GEIVED
.iaY ~$'
® North Carolina Wildlife Resources Commissio
Charles R Fullwood, Executive Director "`~
TO: Steven W. Lund, NCDOT Coordinator -
Asheville Regulatory Field Office, USACE
FROM: Marla Chambers, Highway Projects Coordinator
Habitat Conservation Program, NCWRC
DATE: May 24, 2004
SUBJECT: Review of Categorical Exclusion document and information related to Section
404 Permit application by NCDOT to replace Bridge No. 46 on SR 1223
(Powerhouse Road) over the Catawba River, Burke County, North Carolina. TIP
No. B-3419.
North Carolina Department of Transportation (NCDOT) has requested a Section 404
permit from the U.S. Army Corps of Engineers (USACE). Staff biologists with the North
Carolina Wildlife Resources Commission (NCWRC) have reviewed the Categorical Exclusion
document and information provided. These comments are provided in accordance with the
provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and
Wildlife Coordination Act (48 Stet. 401, as amended; 16 U.S.C. 661-667d).
The NCDOT proposes to replace Bridge No. 46 on SR 1223 (Powerhouse Road) over the
Catawba River with a new spanning structure on new alignment north of the existing bridge. No
bents will be placed in the channel and no permanent or temporary fill impacts are anticipated to
wetlands or surface waters. Catawba River is classified as WS-IV and Hatchery Supported
Designated Public Mountain Trout Water in the project area. It also supports wild brown and
brook trout and spring runs of striped bass, v-lip redhorse, yellow perch and walleye. NCWRC
has entered an agreement with Duke Power and has built a fishing pier and parking area just
downstream of the existing bridge. NCDOT has coordinated with NCWRC and Duke Power to
avoid impacts to these facilities. NCDOT has indicated they will observe an in-stream and land
disturbance moratorium within the 25-foot trout buffer from October 15 to April 15. In addition,
efforts should be made to minimize in-water disturbance during the stocking season from March
1 though July 31. NCWRC appreciates the efforts by NCDOT to avoid and minimize impacts on
this project.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext- 281 • Fax: [phone]

B-3419, SR .1223 (Powerhouse Rd.)
Catawba River, Burke County
May 24, 2004
NCWRC can concur with the permit issuance if the following conditions are
implemented:
1. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning seasons of October 15 through April 15 to protect the egg and
fiy stages of trout.
2. Sediment and erosion control measures shall adhere to the design standards for sensitive
watersheds (15A NCAC 4B .0124 (a)-(d)) and be strictly maintained until project
completion to avoid impacts to downstream aquatic resources. Temporary or permanent
herbaceous vegetation should be planted on all bare soil as soon as possible and within 10
days of ground disturbing activities to provide long-term erosion control. Tall fescue
should not be used in riparian areas. We encourage NCDOT to utilize onsite vegetation
and materials for bank stabilization when practicable. Erosion control matting should be
used in riparian areas, instead of straw mulch and well anchored with 12" staples or 12"
wooden survey stakes.
3. Discharge of materials into the river from demolition of the old bridge should be avoided
as much as practicable. Any materials that inadvertently reach the river should be
removed.
4. The natural dimension, pattern, and profile of the river above and below the crossing
should not be modified by widening the river channel or changing the depth of the river.
5. Removal of vegetation in riparian areas should be minimized. Native trees and shrubs
should be planted along the riverbanks to reestablish the riparian zone and to provide
long-term erosion control.
6. Grading and backfilling should be minimized, and tree and shrub growth should be
retained if possible to ensure long term availability of shoreline cover for fish and
wildlife. Backfill materials should be obtained from upland sites.
7. Riprap placed for bank stabilization should be limited to the riverbank below the high
water mark, and vegetation should be used for stabilization above the high water
elevation.
8. Stormwater, including deck drainage, should be directed to buffer areas or retention
basins and should not be routed directly into the river.
9. If concrete will be used during construction, work must be accomplished so that wet
(uncured) concrete does not contact surface waters. This will lessen the chance of
altering the water chemistry and causing a fish kill.
10. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is strictly prohibited.

B-3419, SR 1223 (Powerhouse ial.?
Catawba River, Burke County
May 24, 2004
11. ~ Heavy equipment should be operated iro-:z the bank rather than in the river channel
whenever possible in order to minimize sedinr~ntation and reduce the likelihood of
introducing other pollutants into the river. All mechanized equipment operated near
surface waters should be inspected and maintained regularly to prevent contamination of
surface waters from fuels, lubricants, hydraulic fluids or other toxic materials.
12. The existing roadway that is to be eliminated should be removed back to original ground
elevations and the natural floodplain elevations and functions should be restored.
Disturbed areas should be seeded or mulched to stabilize the soil and native tree species
should be planted with a spacing of not more than 10'x10'.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at [phone].
cc: Marella Buncick, USFWS
Brian Wrenn, NCDWQ

Office Use Only: Form Version May 2002
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
2. Nationwide, Regional or General Permit Number(s) Requested:NW 14
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: Gregor~J. Thorne, Ph.D., Environmental Management Director
Mailing Address: 1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
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 cleazly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no lazger 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: B-3419 Replacement of bridge No. 46 over SR 1223
2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3419
3. Property Identification Number (Tax PIN):
4. Location
County: Burke Nearest Town: Glen Alpine
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Bridge No. 46 on Power House
Road (SR 1223)
5. Site coordinates, if available (UTM or Lat/Long): 34 44'26" N 81 50' 06"W
(Note - If project is lineaz, such as a road or utility line, attach a sheet that sepazately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
7. Nearest body of water (stream/river/sound/ocean/lake): Lake James/ Catawba River
8. River Basin: Catawba
(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: Lake/ Recreation, Agricultural __
Page 2 of 9

10. Describe the overall project in detail, including the type of equipment to be used:
Replacement of bridge No. 46 over Catawba River with a new, single span bridge north of
the current structure. Earth moving equipment, cranes, etc will be used during construction.
11. Explain the purpose of the proposed work: To replace the functionally and structurally
obselete structure.
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 USAGE 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.
A nationwide 12 and 14 has been issued for this project (action ID 200430687). as well as a
NCDWO Buffer Certification (No. 040373).
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.
N/A
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
Page 3 of 9

evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Two unnamed tributaries to Catawba River will be impacted
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres Located within
100-yeaz Floodplain**
es/no Distance to
Nearest Stream
linear feet)
Type of Wetland***
No Wetlands

* 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 two://www.fema. o~v.
*** 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: None
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
lineaz feet
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
leases ecif
UT West Reinforced
Concrete Pipe g I' UT to Catawba 2' Perennial
iJT East Reinforced
Concrete Pipe ~. LJT to Catawba 4' Perennial

Page 4 of 9

* 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 1-800-358-9616, or online at
www.uses.eov. Several interne[ sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.m~quest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 125
4. 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 ma
Type of Impact* Area of
Impact
acres Name of Waterbod
(if applicable) y Type of Waterbody
(lake, pond, estuary, sound,
ba ,ocean, etc.
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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 a plication.
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.):
Size of watershed draining to pond: Expected pond surface azea:
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.
The selected desis?n was chosen as it completely spans the Catawba River and removes the
fill area from the old structure from the river. The western unnamed tributary impact is
Page 5 of 9

necessary to provide adequate access to the WRC public fishing/ access area. The eastern
unnamed tributary impact is necessary to replace an obsolete, perched culvert.
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
necessazy to ensure that adverse effects to the aquatic environment aze minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but aze 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://h2o.enr.state.nc.us/ncwetlands/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/lineaz 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 sepazate sheet if more space is needed.
No Mitigation Required
2. Mitigation may also be made by payment into the North Cazolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
Page 6 of 9

[phone] 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://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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 [phone] to review cunrent 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 aze 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
(Neuse), 15A NCAC 2B .0259 (Taz-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (p1ea.Se identify )?
Yes ^ No ® If you answered "yes", provide the following information:
Page 7 of 9

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
s uare feet Multiplier Required
Miti anon
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 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.
N/A
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application?
Yes ^ No
XIV. Other Circumstances (Optional):
Page 8 of 9

r
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).
-~
z-z / ~ 5
Appli ndAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

}d~~~o~ D ~~ ~/ ~ rI ~'OV
~V
~Q a..r+m~
S'I'A'I'F., OF NORTH CAKOLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
Gc)Vf?KNOB
June 16, 2004
U. S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue
Room 208
Asheville, NC 28801-5006
ATTN: Mr. Steve Lund
NCDOT Coordinator
Dear Sir:
LYNI)O 'TIPPIi'I"I'
SF.CRL"fARY
WETLANDS 1401 GROUP
JUN 2 ~~ 20i)4
WATER (QUALITY SECTION
Subject: Nationwide 33 Permit Application and Request for Modification of
Nationwide Permit 23 for the Replacement of Bridge No. 46 over Catawba
River on SR 1223, Burke County, Federal Aid Project No. BRZ-1223(8),
State Project No. 8.2852001, TIP B-3419, Division 13.
Please reference the original request for a Nationwide 23 Permit dated March 5, 2004. Since
the date of the original application, two previously unidentified streams were found within
the proposed project right-of--way. The Nationwide Permit 23 application previously
submitted for the project did not account for Waters of the United States other than the
mainstem of the Catawba River. The two streams are both unnamed tributaries of the
Catawba River, one flowing in from the east, labeled as UT-East, and one flowing in from
the west, labeled as UT-West.
Additional Stream Impacts
There will be 44 feet of permanent linear stream channel impacts in UT-East from the
proposed installation of a 30-inch Reinforced Concrete Pipe and 81 feet of permanent linear
stream channel impacts in UT-West from the installation of a 48-inch Reinforced Concrete
Pipe. These values reflect the length of additional stream channel impacts from the
installation of each new structure.
All measures will be taken to avoid any temporary fill from entering Waters of the U.S.; Best
Management Practices for Bridge Demolition and Removal will be implemented. Temporary
dewatering will be accomplished through methods described in the document Best
Management Practices_for Construction and Maintenance Activities.
Regulatory Approvals
Section 404 Permit: It is anticipated and requested that the temporary dewatering of both
unnamed tributaries will be authorized under Section 404 Nationwide Permit 33 (Temporary
Construction Access and Dewatering). All other aspects of this project are being processed

by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23
CFR § 771.1 15(b).
Section 401 Permit: We anticipate 401 General C~.rtification numbers 3403 will apply to this
project. (n accordance with 15A NCAC 2(-I, Section .0500(x) we are providing two copies of
this application to the North Carolina Department of Environmental and Natural Resources,
Division of Water Quality, for their review.
Division of Water Quality Buffer Certification No. 040373 was issued on the original
Nationwide 23 Permit Application dated March 5, 2004. We expect no additional impacts to
the Catawba River Buffer and, therefore, no modifications to the original Buffer Certification
will be necessary.
We anticipate that comments from the North Carolina Wildlife Resources Commission
(NCWRC) will be required prior to authorization by the Corps of Engineers. By copy oi'this
letter and attachment, NCDOT hereby requests NCWRC review. NCDOT requests that
NCWRC forward their comments to the U. S. Army Corps of Engineers Regulatory Field
Office in Asheville, North Carolina.
A copy of this permit application will be posted on the DOT website at:
http://www.ncdot.org/planning/pe/natural unit/Perm it.html.
If you have any questions or need additional information, please contact Mr. Michael Turchy
at [phone].
Sincerely,
.5~.~~~
Gregory Thorpe, PhD., Environmental Management Director
Project Development and Environmental Analysis Branch
cc:
W/attachment
Mr. John Hennessy, Division of Water Quality (7 copies)
Ms. Marella Buncick, USFWS
Ms. Marla Chambers, NCWRC
Mr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. J.J.Swain, P.E., Division Engineer
Mr. Roger Bryan, DEO
W/o attachment
Mr. Jay Bennett, P.E., Roadway Design
Mr. Omar Sultan, Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Mark Staley, Roadside Environmental
Mr. David Franklin, USAGE, Wilmington (Cover Letter Only)
Mr. John Wadsworth, P.E., PDEA Project Planning Engineer

Office Use Only: Form Version May 2002
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 l0 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:NW 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina 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: ^
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: Gregory J. Thorpe, Ph.D., Environmental Management Director
Mailing Address: 1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Telephone Number: [phone] Fax Number:__(919) 733-9794
E-mail Address: [e-mail]
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
USAGE 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: B-3419 Replacement of bride No. 46 over SR 1223
2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3419
3. Property Identification Number (Tax PIN):
4. Location
County: Burke Nearest Town: Glen Alpine
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Bridge No. 46on Power__House
Road (SR 1223)
5. Site coordinates, if available (UTM or Lat/Long): 34° 44'26" N 81.50' 06"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):
7. Nearest body of water (stream/river/sound/ocean/lake): Lake James/ Catawba River
8. River Basin: Catawba
(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: Lake/ Recreation Agricultural
Page 2 of 9

10. Describe the overall project in detail, including the type of equipment to be used:
Replacement of bridge No. 46 over Catawba River with a new, single span bridge north of
the current structure. Earth moving equipment cranes etc will be used during construction.
11. Explain the purpose of the proposed work: To replace the functionally and structurally
obselete structure.
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.
This PCN is a modification to the pending USACE NW 23, and the current NC DWQ Buffer
Certification No. 040373.
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.
N/A
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
Page 3 of 9

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
mitiga on, list and describe the impact in Section VIII below. [f additional space is needed for
listing car description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Two unnamed tributaries to Catawba River will be impacted
2. Individually list wetland impacts below:
Wetland Impacl
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
No Wetlands

'~ List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and tooding.
** 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 ht~t ://www.fema.fov.
*** Lis[ a wetland type that best describes wetland [o 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 USAGE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. 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?
(leases ecif )
UT West Reinforced
Concrete Pipe 8I' UT to Catawba 2' Perennial
UT East Reinforced
Concrete Pipe 44' UT to Catawba 4' Perennial

one
Page 4 of 9

* List each impact separately and identify temporary impacts. Impacts include, bu[ 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 1-800-358-9616, or online at
www.us~s.QOV. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.maauuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 125
4. 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 ma)
*
Type of Impact Area of

Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
ba ,ocean, etc.)
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.):
Size of watershed draining to pond: Expected pond surface azea:
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.
The selected desi>?n was chosen as it completely spans the Catawba River and removes the
fill area from the old structure from the river. The western unnamed tributary impact is
Page 5 of 9

necessary to provide adequate access to the WRC public fishing/ access area. ~'he eastern
unnamed tributary impact is necessary to reQlace an obsolete perched culvert.
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.
USAGE - 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 may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE 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://h2o.enr.state.nc.us/ncwetlands/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.
No Mitigation Required
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
Page 6 of 9

[phone] 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://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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 [phone] 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
(Neuse), 15A 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 7 of 9

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
(s uare feet) Multiplier Required
Miti ation
1 3
2 1.5
Total
* Zone 1 extends out 3U feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 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.
N/A
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application?
Yes ^ No
XIV. Other Circumstances (Optional):
Page 8 of 9

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).
k>
~j~b
Applica~tlAgent's Signature ~ )bate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

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~/ ]j PROJECT: 8.2852001 (B-3419)
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1V'~ SR 1223 (POWERHOUSE ROAD)
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PROJBCT: BS852001 (8-319)
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DIVISION OF HIGHWAYS
BURKE COUNTY
PROJECT: 8.2852001 (B-b~19)
BURKE COUNTY BRIDGE ~~6 ON
SR 1223 (POWERHOUSE ROAD)
OVER THE CATAWBA RIVER
SHEET OF {:: 3 / I7 / 03
® DENOTES FILL IN
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March 17, 2004
Burke County
DWQ Project No. 040373
TIP Project B-3419
APPROVAL of CATAWBA RIVER BUFFER RULES AUTHORIZATION CERTIFICATE with
ADDITIONAL CONDITIONS
Mr. Gregory J. Thorpe, Ph.D., Director
NCDOT Project Development & Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions, to impact:
^ 4,791.6 square feet of protected riparian buffers in Zone 1 and
^ 5,357.9 square feet of protected riparian buffers in Zone 2
for the purpose of replacing Bridge No. 46 over Catawba River on SR 1223 in Burke County. The project
shall be constructed according to your application dated March 5, 2004 and any conditions listed below.
This approval shall act as your Authorization Certificate as required within the Catawba River Area
Protection Rules (15A NCAC 2B .0243). In addition, you should get any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control.
This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this authorization and approval letter and is thereby responsible
for complying with all conditions. For this approval to be valid, you must follow the conditions listed
below.
1. The outside buffer, wetland or water boundary as well as along the construction corridor within
these boundaries approved under this Certification shall be clearly marked by orange fabric
fencing for the areas that have been approved to infringe within the buffer, wetland or water prior
to any land disturbing activities to ensure compliance with 15A NCAC 2B .0250.
2. This Certification does not authorize the discharge of waste rock and dirt into the stream or
riparian zone except for permitted areas associated with culvert conditions.
3. All storm water runoff shall be directed to sheet flow through stream buffers at non-erosive
velocities, unless approved otherwise by this certification.
4. During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers.
5. No changes to the horizontal or vertical placement of the stormwatei• outfall locations, the horizontal
or vertical placement of the culverts, the horizontal or vertical placement of bridges, the horizontal
or vertical placement of grassed swales, or the horizontal or vertical placement of open ditches is
permitted without written approval from the NC Division of Water Quality 401 Wetlands Unit. In
addition, no changes to the flow spreader locations or designs, preformed scour hole locations or
designs are permitted without written approval from the NC Divisio~i of Water Quality 401

rvnci invi r. ~a~iay, ~avvm i wi
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748

O~O~ W A T F9pG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
fi) ~ Alan W. Klimek, P.E. Director
j ,~ Division of Water Quality
~ .~. Coleen H. Sullins, Deputy Director
Division of Water Quality
Wetlands Unit. Any request for changes to the referenced items above will require submittal of a
modification request, with seven copies, and corresponding fees will need to be submitted to the
North Carolina Division of Water Quality.
6. All mechanized equipment operated near surface waters must be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.
7. Pursuant to NCACISA 2B.0243(6), sediment and erosion control devices shall not be placed in
Zone 1 of any Catawba Buffer without prior approval by the NCDWQ. At this time, the NCDWQ
has not approved the use of sediment and erosion control devices in Zone 1 anywhere on this
project. Sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided
that Zone 1 is not compromised and that discharge is released as diffuse flow.
8. Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction. All protected riparian buffers impacted
by the placement of temporary fill or clearing activities shall be restored to the preconstruction
contours and re-vegetated with native woody species upon completion of the project construction.
9. Apost-construction as-built drawing with the restoration activities included shall be submitted to
the DWQ no later than 60 days after the project is closed out by the NCDOT.
10. Upon completion of the project, the NCDOT and/or its authorized agents shall complete and
return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC
Division of Water Quality upon completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the "No Practical Alternatives"
determination required in 15A NCAC 2B .0243(8). If you have any questions, please contact Cynthia Van
Der Wiele at 919-733-5715.
cc: US Army Corps of Engineers Ashevili
DWQ Asheville Regional Office
File Copy
Central Files
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748

y~.~°~
N d /"M
'~ P.w V/~
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
US Army Corps of Engineers
Regulatory Field Office
151 Patton Ave. Room 208
Asheville, NC 28801-5006
ATTENTION: Mr. Steve Lund
NCDOT Coordinator
Dear Sir:
LYNDO TIPPETT
SECRETARY
March 5, 2004
~~..t'~
~FTIANpS 1401 GROUP
IJIAR >~ 1.004
V~~~;1 t~~ ~ ;~iJ~'! ; ~ 3 'f iGo
Subject: Nationwide 23 Permit and Riparian Buffer Authorization Application for the
Replacement of Bridge No. over Cataw a Iver on 122 , Bur a ounty,
Federal Aid Project No. BRZ-1223(8), State Project No. 8.2852001,
TIP B-3419, Division 13.
Please find enclosed three copies of the project planning report for the above referenced project.
Bridge No. 46 will be replaced north of the current bridge with a structure approximately 180 feet
(54.8m) in length with a recommended 24 foot (7.2 m) clear roadway width. The bridge will
completely span the Catawba River. No jurisdictional wetlands will be im acted b the
construction of the bridge. There will a so be no surface water impacts or temporary fill
associ! d with_the_~ject During construction, traffic will be maintained by an offsite detour
using SR 1223, SR 1233, SR 1228, and SR 1230.
Bridge Demolition
Bridge No. 46 is composed of steel planks on salvaged I-beams. The substructure consists of
reinforced concrete abutments and mass piers. The existing structure is 81.7 feet (20.14 m) long
with an 18.3 foot (5.6 m) cleaz roadway width. The bridge deck is 17 feet (5.2 m) above the
Catawba River. Due to the structural components of the bridge, the potential temporary fill
expected to be dropped into the "Waters of the United States" is minimal.
As noted in the project's CE document, NCDOT will observe an in-stream and land disturbance
moratorium within 25 feet of the stream construction moratorium from October 15 to April 15 to
avoid impacts to trout reproduction.

Buffer Impacts
This project is located on the mainstem of the Catawba River Basin, therefore the regulations
pertaining to the buffer rules apply.
The low cord of the bridge deck is expected to be 12 feet (3.6 m) or more above the natural
ground. In compliance with the Catawba Buffer Rules, the stormwater from the deck drains will
be diffused flow into the buffer area. This project will have 4,791.6 square feet of allowable
impact in zone 1 and 5,357.88 square feet of allowable impact in zone 2, resulting in 10,149.48
square feet of total allowable impact. By removing the old structure and approaches, 1,785.96
square feet of buffer area will be replaced in zone 1 and 1,001.88 square feet will be replaced in
zone 2.
According to the buffer rules, bridges are allowable. Uses designated as allowable may proceed
within the riparian buffer provided that there are no practical alternatives to the requested use
pursuant to Sub-Item (8)(a) of this Rule. These uses require written authorization from the
Division or the local government with approved riparian buffer ordinance. d'herefore NCDOT is _
hereby requesting written authorization for a Buffer Certification from the Division of Water
. •.
Federally Protected Species
As of January 29, 2003, the USFWS lists seven federally protected species for Burke County.
Table 1 depicts these species. The previous surveys presented in the CE expired, requiring an
additional survey. The project site was visited on June 17, 2003 by NCDOT biologists Michael
Turchy and Chris Underwood. During these additional surveys, it was noted that potential habitat
does exist for the bald eagle and dwarf flowered heartleaf. The biological conclusions should be
changed to "May Affect, Not Likely to Adversely Affect. Also, dwarf flowered heartleaf was
found approximately 100 feet north of the proposed right-of--way line. No specimans should be
impacted with the replacement of Bridge No. 46. The remaining three protected species (bog
turtle, spreading avens, mountain golden heather, and Hellar's blazing star) biological conclusion
remains: "No Effect".
Table 1. Federally pro
Bog turtle tected species for Burke C
Clemmys muhlenbergii ounty"'*
T(S/A)
No Effect
Bald Eagle Haliaeetus leucocephalus T May Affect, not likely to adversely affect.
Spreading Avens Geum radiatum E No Effect
Dwarf flowered heartleaf Hexastylis nani~lora T May Effect
Mountain golden heather Hudsonia montana T No Effect
Small whorled pogonia Isotrta medeoloides T May Affect, not likely to adversely affect.
Hellar's blazing star
~~ nt,~,.;.,e,t f „», -bn ILC nn Liatris helleri
nnrrment n!'thv Interior. Fish and T No Effect
Wildlife Service. Threatened and Endangered Species
of North Carolina, Burke County, (January 29, 2003).
Threatened (7) denotes a taxon "likely to become an endangered species within the foreseeable future throughout all
or a significant portion of its range. "
Threatened (7'(S/A)) denotes a taxon threatened due to similarity of appearance with other rare species.
Endangered (E) denotes a taxon "in danger of extinction throughout all or a significant portion of its range. '
Regulatory Approvals
Section 404 Permit: This project is being processed by the Federal Highway Administration as a
"Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate
requesting an individual permit but propose to proceed under a Nationwide 23 as authorized by a
Nationwide Permit (67 EB 2020; January 15, 2002).

Section 401 Permit: We anticipate 401 General Certification numbers 3403 will apply to this
project. In accordance with 15A NCAC 2H, Section .0500(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 review.
Catawba Buffer Rules: This project is located on the mainstem of the Catawba River Basin
therefore, the regulations pertaining to the buffer rules apply.
This project will have 4,791.6 square feet of allowable impact in zone 1 and 5,357.88 square feet
of allowable impact in zone 2, resulting in 10,149.48 square feet of total allowable impact. By
removing the old structure, 1,785.96 square feet will be replaced in zone 1 and 1,001.88 square
feet will be replaced in zone 2. A Buffer Certification Application was submitted to the North
Carolina Division of Water Quality (NC DWQ) on October 30, 2003. By copy of this
application, NCDOT requests written authorization for a Buffer Certification from the Division of
Water Quality.
We anticipate that comments from the North Carolina Wildlife Resources Commission
(NCWRC) will be required prior to authorization by the Corps of Engineers. By copy of this
letter and attachment, NCDOT hereby requests NCWRC review. NCDOT requests that NCWRC
forward their comments to the Corps of Engineers.
A copy of this permit application will be posted on the DOT website at:
http•//www ncdot.org(planning/pe/naturalunit/Permit.html.
If you have any questions or need additional information, please contact Mr. Michael Turchy at
[phone].
Sincerely,
Grego J. Thorpe, PhD., Environmental Management Director
u Project Development and Environmental Analysis Branch
Cc:
w/attachment
Mr. John Hennessy, Division of Water Quality (2 copies)
Ms. Mazella Buncick, USFWS
Ms. Mazla Chambers, NCWRC
Mr. Greg Perfetti, P.E., Structure Design
w/o attachment
Mr. David Franklin, USACE, Wilmington
Mr. Jay Bennett, P.E., Roadway Design
Mr. Omaz Sultan, Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. David Chang, P.E., Hydraulics
Mr. Mazk Staley, Roadside Environmental
Mr. John F. Sullivan, III, FHWA
Mr. J. J. Swain, Jr., P.E. (Div. 13), Division Engineer
Mr. Roger Bryan (Div. 13), DEO
Mr. John Wadsworth, Project Planning Engineer

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DIVISION OF HIGHWAYS
`jy BURKE COUNTY
~j PROJECT: 8.2852001 (B-3~19)
BURKE COUNTY BRIDGE ~~(6 ON
SR 1223 (POWERHOUSE ROAD)
OVER THE CATAWBA RIVER
HEET I OF U 3/19/03
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CATAWBA RIVER NCDOT
WATER SUPPLY DIVISION OR HiaHWAYS
BUFFER BURKB COUNTY
PROJECT:B.=85~001 ~B-i~19)
®C ~ ~ ~ ®1 ~l BURKE COUNTY BRIDOB ~~6 ON
SR 1~23lPOWBRHOUSB ROAD)
OVBR THE CATAWBA RIVER
3HBBT 2' OP 8 3/ 17/03

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PROPOSED BRIDGE
WETLAND
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IMPACTS ZONE i
® IMPACTS ZONE 2
® BUFFER REPLACEMENT ZONE I
® BUFFER REPLACEMENT ZONE 2
-BZ - RIPARIAN BUFFER ZONE
-BZ1 - RIPARIAN BUFFER ZONE 1
30 f t (9.2m)
- BZ2 - RIPARIAN BUFFER ZONE 2
20 f t (6.1m)
•E-> -~> FLOW DIRECTION
~~ TOP OF BANK
WE EDGE OF WATER
C PROP. LIMIT OF CUT
F PROP. LIMIT OF FILL
---~-- PROP. RIGHT OF WAY
NG NATURAL GROUND
PL PR
PERTY LINE
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x x x x x LIVE STAKES
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(DASHED LINES DENOTE PIPES
EXISTNG STRUCTURES) S4' PIPES
& ABOVE
SINGLE TREE
WOODS LINE
DRAINAGE INLET
ROOTWAD
RIP RAP
5 ADJACENT PROPERTY OWNER
OR PARCEL NUMBER
IF AVAILABLE
^ PREFORMED SCOUR HOLE (PSH)
•- LEVEL SPREADER (L S)
GRASS SWALE
N~~®~
DIVISION OF HIGHWAYS
BURKE COUNTY
PROJECT: 8.2852001 (B-319)
BURKE COUNTY BRIDGE ~~6 ON
SR 1223 (POWERHOUSE ROAD)
OVER THE CATAWBA RIVER
SHEET ~ OF ~ 3/ 17/ 03

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BOULDER
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NCB®`~
DIVISION OF HIGHWAYS
BURKE COUNTY
PROJECT: 8.2852001 (B-319)
BURKE COUNTY BRIDGE ~,6 ON
SR 1223 (POWERHOUSE ROAD)
OVER THE CATAWBA RIVER
PROPOSED BRIDGE
PROPOSED BOX CULVERT
PROPOSED PIPE CULVERT
12'-48'
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& ABOVE
SINGLE TREE
WOODS LINE
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OR PARCEL NUMBER
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SR 1223
Burke County
Bridge No. 46 Over Catawba River
Federal Aid Project No. BRZ-1223(2)
State Project 8.2852001
TIP Project No. B-3419
CATEGORICAL EXCLUSION
AND
PROGRAMMATIC SECTION 4(F) EVALUATION
US DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
NC DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
APPROVED:
a
DATE. ~. Gail Gr es, P.E., Assistant Manager
Project Development and Environmental Analysis
Branch, NCDOT
g~Z ~/o Z
DATE
~,,, lNicholas L. Graf, P.E.
-f~'" Division Administrator, FHWA

i ~
SR 1223
Burke County
Bridge No. 46 Over Catawba River
Federal Aid Project No. BRZ-1223(2)
State Project 8.2852001
TIP Project No. B-3419
CATEGORICAL EXCLUSION
AND
PROGRAMMATIC SECTION 4(F) EVALUATION
August 2002
Document Prepared by
E A R T H® T e C M
,,,~~1lIH!/~~~Jt
2' ~'
Yv ne G.G. Howell, P.E. _ g~gg
o2~g ~
P ject Planning Engineer ,'~-~ ,
Earth Tech ~'-, O ~Qlt ~.~`
,~~'~~C~ OO~DO;~`~~`
'~~n~~n~~~~~~.
For the North Carolina Department of Transportation
8.23•x2
John Wadsworth, P.E.
Project Manager
Consultant Engineering Unit

SR 1223
Burke County
Bridge No. 46 Over Catawba River
Federal Aid Project No. BRZ-1223(2)
State Project 8.2852001
TIP Project No. B-3419
PROJECT COMMITMENTS
In addition to the standard Nationwide Permit No. 23 Conditions, the General
Nationwide Permit Conditions, Section 404 Only Conditions, Regional
Conditions, State Consistency Conditions, NCDOT's Guidelines for •Best
Management Practices for Bridge Demolition and Removal, NCDOT's Guidelines
for Best Management Practices for the Protection of Surface Waters, General
Certification Conditions, and Section 401 Conditions of Certification, the
following special commitments have been agreed to by NCDOT:
Dlvlslon 13
All in-stream work will be prohibited between November 1 and April 15 to avoid
impacts to trout reproduction. "Guidelines for Construction Adjacent to or
Crossing Trout Waters," as incorporated into Erosion and Sediment Control
Guidelines, will be implemented and adhered to throughout the project.
Hydreullcs Unlt
The Catawba River, below Lake James, currently has temporary buffer rules in
effect. The low chord of the bridge deck is expected to be 12 #eet (3.6 m) or
more above the natural ground, therefore the stormwater from the deck drains
will be diffused flow into the buffer.
Categorical Exclusion
August 2002

SR 1223
Burke County
Bridge No. 46 Over Catawba River
Federal Aid Project No. BRZ-1223(2)
State Project 8.2852001
TIP Project No. B-3419
INTRODUCTION: Bridge No. 46 is included in the 2002-2008 North Carolina
Department of Transportation (NCDOT) Transportation Improvement Program
(TIP) and in the Federal Aid Bridge Replacement Program. The location is
shown in Figure. 1. No substantial environmental impacts are anticipated. The
project is classified as a Federal "Categorical Exclusion."
I. PURPOSE AND NEED
Bridge Maintenance Unit records indicated the bridge has a sufficiency rating of
45.8, out of a possible 100 for a new structure. The bridge is considered
structurally deficient and the replacement of this inadequate structure will result
in safer and more efficient traffic operations.
11. EXISTING CONDITIONS
SR 1223 (Powerhouse Road) in Burke County is classified as "Local" in the
Statewide Functional Classification System.
Through the project area, SR 1223 has a 21-foot (6.4-meter [m]) wide clear
roadway width and a 24-foot (7.3-m) wide right-of-way. The horizontal and
vertical alignments do not meet current design standards. There is a 20-mile per
hour (mph) (32-kilometer per hour [kph]) advisory speed limit posted on SR 1223
at the west approach to the bridge. There is no posted regulatory speed limit in
the project area, therefore the statutory speed limit of 55 mph (88 kph) applies.
The existing bridge was constructed in 1958. The superstructure consists of
steel planks on salvaged I-beams. The substructure consists of reinforced
concrete abutments and mass piers. The abutments are vertical. The existing
bridge consists of four spans of 20.7 feet (6.3 m), 19.8 feet (6.0 m), 19.7 feet
(6.0 m), and 21.5 feet (6.5 m). Clear roadway width is 18.3 feet (5.6 m). The
crown of the roadway is situated approximately 17.0 feet (5.2 m) over the bed of
Catawba River. Presently, there is no posted weight limit. The bridge is located
in a tangent section of SR 1223 and crosses Catawba River at approximately 90
degrees. Photographs of the approaches to the existing bridge are shown in
Figures 4a and 4b.
The average daily traffic volume on SR 1223 at Bridge No. 46 is projected at 575
vehicles per day in 2002. By the design year, 2025, the average daily traffic
1

volume is expected to increase to 1000 vehicles per day. The projected traffic
volume includes four percent dual-tired vehicles and one percent truck-tractor
semi-trailers.
No school buses cross this bridge as part of a regular route.
SR 1223 is not a designated bicycle route.
One accident was reported at Bridge No. 46 in the period between February 1,
1999 and January 31, 2002. The accident involved one vehicle striking an
animal on Bridge No. 46.
111. ALTERNATIVES
A. Project Description
The proposed structure is a bridge with a clear roadway width accommodating
two lanes of traffic. The facility will require curve widening to accommodate
truck-tractor semi-trailer turning radii, resulting in a minimum lane width of 10 feet
(3 m) and a minimum shoulder width of 3 feet (1 m). The proposed approach
roadway width will be 28 feet (8.5 m) accommodating two lanes of traffic. The
typical section for the proposed approaches and bridge are shown in Figure 3.
B. Build Alternatives
Four build alternatives were investigated for the replacement of the subject
bridge. Each alternative would replace Bridge No. 46 north (upstream) of the
existing alignment.
Alternate 1 would replace Bridge No. 46 with a new 164-foot (50-m) long bridge
approximately 200 feet (61 m) north of the existing bridge along a tangent
section. Traffic would be maintained on the existing bridge during construction.
Alternative 1 can bee seen in Figure 2a.
Alternate 2 would locate the new 215-foot (65.5-m) long bridge within a curve
approximately 300 feet (92 m) north of the existing alignment. Traffic would be
maintained on the existing bridge during construction. Alternative 2 can bee
seen in Figure 2b.
Alternate 3 would construct a new 250-foot (76.2-m) long bridge approximately
100 feet (31 m) north of the existing bridge. Traffic would need to be maintained
off-site along SR 1223, SR 1233, SR 1228, and SR 1230 (see Figure 1 for
detour route). All of these roadways are paved. This off-site detour would
require motorists to travel 2.6 miles (4.2 km) further than if they merely followed
SR 1223. Alternative 3 can bee seen in Figure 2c.
Alternate 4 (preferred) would construct a new 155-foot (47.2-m) long bridge
immediately north of the existing bridge. Traffic would be maintained off-site
2

along SR 1223, SR 1233, SR 1228, and SR 1230, requiring motorists to travel
2.6 miles (4.2 km) further than if they merely followed SR 1223. Alternative 4
can bee seen in Figure 2d.
C. Alternatives Eliminated From Further Study
An alternative proposing bridge replacement to the south (downstream) of the
existing structure was considered but eliminated from further study. There is an
existing fishing pier, access point, and parking area maintained by N.C. Wildlife
Resource Commission (NCWRC) for public use, located immediately to the
south of the existing structure; construction of the replacement bridge to the
south would interfere with the maintenance and use of these facilities.
An on-site detour was also considered, to be used with alignment alternates.
This option was eliminated due to the cost of a temporary on-site structure.
Both rehabilitation of the existing structure and the "no build" altemative were
considered early in the project study but were eliminated from further study.
Because of the poor bridge condition, rehabilitating the existing structure is not
feasible. The °no build" altemative would eventually necessitate closure of the
bridge and would thereby eliminate the traffic service provided by SR 1223 in the
project area.
D. Preferred Alternative
Alternate 4, replacing Bridge No. 46 immediately north of the existing structure,
is the preferred altemative. While this altemative does not completely eliminate
curves in the existing alignment at the bridge approaches, it does improve the
alignment with minimal environmental impacts. This alignment required the least
cut and fill, disturbing a minimum of the surrounding area. The proposed bridge
will not encroach on the Catawba River, as is the case with the existing structure.
End bents would be constructed outside of the existing riverbanks allowing for
proper flow. The off-site detour will ensure the safety of traffic during project
construction. The proposed bridge will be constructed at approximately the
same elevation as the existing bridge. The Division Engineer concurred with this
selection.
This altemative will require a design exception for a design speed of 15 mph
(24 kph).
IV. ESTIMATED COSTS
Construction and right-of-way cost estimates for the alternatives studied are
presented below in Table 1.
3

Table 1. Estimated Crests
Alternate 1 Alternate 2 Alternate 3 Alternate 4
Preferred
Structure Removal $ 11,800 $ 11,800 $ 11,800 $ 12,800
Structure $ 319,800 $ 483,750 $ 562,500 $ 302,250
Roadwa Work $ 272,500 $ 206,060 $ 103,530 $ 154,020
Guardrail Work $ 23,275 $ 20,925 $ 25,410 $ 21,199
Miscellaneous and Mobilit $ 282,625 $ 327,465 $ 321,760 $ 224,731
En ineerin and Contin encies $ 140,000 $ 150,000 $ 175,000 $ 110,000
Ri ht-of-wa /Utilities $ 45,000 $ 39,000 $ 37,500 $ 37,500
Relocations ~ 0 0 0 0
Total Cost of Alternative $1 095 000 $1 239,000 $1 237,500 $862,500
The estimated cost of the preferred alternative, based on current prices, is
$862,500 including $37,500 for right of way, relocation, and utilities, and
$825,000 for construction. The estimated cost of right of way and construction of
the project, as shown in the Draft 2004-2010 TIP, is $600,000, including $40,000
for right-of-way and $480,000 for construction. Right-of-way acquisition is
scheduled for Federal Fiscal Year 2003, with construction to follow in Federal
Fiscal Year 2004.
V. NATURAL RESOURCES
The proposed project is in a rural area of Burke County approximately 7.2 miles
(11.6 km) west of Morganton, NC. Burke County's major economic resources
are the textile, apparel, and furniture industries. The population of Burke County,
based on the 2000 Census, was 89,148 (U.S. Census Bureau).
A. Methodology
Published information and resources were collected prior to the field
investigation. Information sources used to prepare this report include the
following:
• U.S. Geological Survey (USGS) quadrangle map (Glen Alpine, 1993),
• U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory
(NWI) Map (Glen Alpine, 1994),
• NCDOT aerial photograph of project area (1:1200),
• Draft soil survey map of Burke County (Natural Resources Conservation
Service [NRCS], 1993),
• N.C. Department of Environment and Natural Resources (NCDENR)
basin-wide assessment information (NCDENR, 1999),
4

• USFWS list of protected and candidate species, and
• N.C. Natural Heritage Program (NHP) files of rare species and unique
habitats.
Water resource information was obtained from publications posted on the World
Wide Web by N.C. Department of Environment and Natural Resources
(NCDENR) Division of Water Quality (DWQ). Information concerning the
occurrence of Federally protected species in the study area was obtained from
the U.S. Fish and Wildlife Service (USFWS) list of protected and candidate
species (March 2001), posted on the World Wide Web by the Ecological
Services branch of the USFWS in North Carolina. Information about species
under State protection was obtained from the N.C. Natural Heritage Program
(NHP) database of rare species and unique habitats. NHP files were reviewed
for documented sightings of species on State or Federal lists and locations of
significant natural areas.
A general field survey was conducted along the proposed project route by Earth
Tech biologists on June 6, 2000. Water resources were identified and their
physical characteristics were recorded. For the purposes of this study, a brief
habitat assessment was performed within the project area of the Catawba River.
Plant communities and their associated wildlife were identified using a variety of
observation techniques, including active searching, visual observations, and
identifying characteristic signs of wildlife (sounds, tracks, scats, and burrows).
Terrestrial community classifications generally follow Schafale and Weakley
(1990), where appropriate, and plant taxonomy follows Radford et al. (1968).
Vertebrate taxonomy follows Potter et al. (1980), Martof et al. (1980), and
Webster et al. (1985). Vegetative communities were mapped using aerial
photography of the project site. Predictions regarding wildlife community
composition involved general qualitative habitat assessment based on existing
vegetative communities.
Jurisdictional wetlands, if present, were delineated and evaluated based on
criteria established in the U.S. Army Corps of Engineers' Wetlands Delineation
Manual (USAGE, 1987). Wetlands were classified based on Cowardin et al.
(1979).
B. Physiography and Soils
The project area lies in the western portion of North Carolina at the westem limit
of the Piedmont physiographic province. Elevations in the project area are
approximately 1040 feet (317 m) (National Geodetic Vertical Datum, 1929). The
topography of the project vicinity is rolling, with low hills rising from a broad
floodplain.
5

The following information about soils in the project area was taken from the Soil
Survey of Burke County (NRCS, 1997). Rhodhiss sandy loam, 25 to 45 percent
slopes, is mapped along the banks of the Catawba River within the project area.
This soil is a very deep, well-drained soil found on gently sloping to very steep
slopes of uplands in the West Central Piedmont. Runoff is medium to rapid and
permeability is moderate.
C. Water Resources
This section contains information concerning water resources likely to be
impacted, best usage classifications, and water quality aspects of the water
resources. Probable impacts to surface waters are also discussed, as well as
means to minimize impacts.
1. Waters Impacted
The project is located in the Catawba basin (CTB30 sub-basin). One surface
water resource, the Catawba River, will be directly impacted by the proposed
project. The Catawba River originates about 27 miles (44 kilometers (km])
southwest of Lake James, on Evans Knob east of the Tennessee Divide and
southeast of Black Mountain, NC. From the Linville Dam on Lake James, the
river flows southeast 1490 feet (454 m) to the project area. From the project
area the Catawba River flows east towards Statesville, NC and then south to its
confluence with the Wateree River in South Carolina.
2. Water Resource Characteristics
The Catawba River is approximately 90 feet (27.4 m) wide upstream of Bridge
No. 46, widening to about 150 feet (45.7 m) downstream. The river flows south
in a straight run in the project area. The channel splits around a vegetated island
about 300 feet (91.4 m) downstream of the bridge. The substrate of the
Catawba River at this point consists of about 85 percent large cobbles and
bedrock, with about 15 percent sand along the banks. Stream flow on the day of
the site visit was rapid, and the water was clear. The depth varies according to
releases from the dam upstream.
The banks are 15 to 18 feet (4.6-5.5 m) high and nearly vertical. The right bank
is lined with rip-rap. A fishing pier is located on the right bank just downstream of
the bridge. The left bank is vegetated and slopes steeply down from SR 1223.
Vegetation immediately adjacent to the bridge consists of weeds and shrubs.
Further downstream on the left bank, a forested canopy shades about 10
percent of the river.
A tributary to the Catawba River is also crossed by the existing roadway and the
three alternates. The tributary has an active channel which is 2-foot (0.6-m) wide
6

and 1-foot (0.3-m) deep. Water was flowing sluggishly, but clear, at
approximately 1-inch (2.54 cm) deep. Close to the existing roadway, the stream
has been ditched. The substrate is silt and sediment. The stream has
approximately 95 percent canopy cover.
Surface waters in North Carolina are assigned a classification by the DWQ that
is designed to maintain, protect, and enhance water quality within the state. The
Catawba River [Index # 11-(31)] is classified as a WaterSupply V (WS-1~ water
body (NCDENR, 1999). WS-V waters are protected as water supplies and are
generally upstream and draining to WS-IV waters or water used by industry.
This classification carries no restrictions on watershed development or
wastewater discharges, and no local protection ordinances are required.
The Catawba River, below Lake James, currently has temporary buffer rules in
effect. These rules provide guidance in designing bridge deck drains over
applicable streams, waterways, and other surface waters which need to be
considered throughout the planning and design process.
Basin-wide water quality assessments are conducted by the Environmental
Sciences Branch, Water Quality Section of the DWQ. The program has
established monitoring stations for sampling selected benthic
macroinvertebrates, which are known to have varying levels of tolerance to water
pollution. An index of water quality can be derived from the number of taxa
present and the ratio of tolerant to intolerant taxa. Streams can then be given a
bioclassification ranging from Poor to Excellent.
There are no monitoring stations on the Catawba River within 2 miles (3.2 km) of
the project area. The nearest station is located about 8.6 miles (13.8 km)
downstream of the project area on the Catawba River at SR 1147. It was
sampled in August 1997 and classified as Good.
Point source discharges in North Carolina are permitted through the National
Pollutant Discharge Elimination System (NPDES) program administered by the
DWQ. As of July 1999, there were no permits issued to discharge in the
Catawba River in the project vicinity.
3. Anticipated Impacts to Water Resources
a) Genera/ Impacts
No waters classified as High Quality Water (HQW), Water Supplies (WS-I or
WS-II) or Outstanding Resource Waters (ORW) occur within 1 mile (1.6 km) of
the project study area.
Any action that affects water quality can adversely affect aquatic organisms.
Temporary impacts during the construction phases may result in long-term
impacts to the aquatic community. In general, replacing an existing structure in
7

the same location with an off site detour is the preferred environmental
approach. Bridge replacement at a new location results in more severe impacts,
and physical impacts are incurred at the point of detour construction as well as at
the point of bridge replacement.
Project construction may result in the following impacts to surface water
resources:
Increased sediment loading and siltation as a consequence of watershed
vegetation removal, erosion, and/or construction;
• Decreased light penetration/water clarity from increased sedimentation;
• Changes in water temperature with vegetation removal;
• Changes in the amount of available organic matter with vegetation
removal;
• Increased concentration of toxic compounds from highway runoff,
construction activities and construction equipment, and spills from
construction equipment; and
• Alteration of water levels and flows as a result of interruptions and/or
additions to surface and groundwater flow from construction.
Construction impacts may not be restricted to the communities in which the
construction activity occurs, but may also affect downstream communities.
Efforts will be made to ensure that no sediment leaves the construction site. The
NCDOT's Best Management Practices for the Protection of Surface Waters will
be implemented, as applicable, during the construction phase of the project to
ensure that no sediment leaves the construction site. In addition, "Guidelines for
Construction Adjacent to or Crossing Trout Waters" as incorporated into Erosion
and Sediment Control Guidelines will be implemented and adhered to throughout
the project.
4. Impacts Related to Bridge Demolition and Removal
The Catawba River in the vicinity of the proposed project is not a special
resource water and is not known to provide habitat for aquatic species on the
Federal list of threatened and endangered species. However, 'it is classified as a
Public Mountain Trout Water by the NCWRC.
The superstructure consists of steel planks on salvaged I-beams. The
substructure consists of reinforced concrete vertical abutments and concrete
piers. There are four spans, with three piers in the water and both abutments
adjacent to the water. The maximum potential fill is 275 cubic yards (210 cubic
meters).
8

,-
Although the streambed in the project area is not bedrock, turbidity problems are
not expected from demolition activities.
D. Biotic Resources
The composition of plant communities in the project area reflects landscape-level
variations in topography, soils, moisture, and past or present land use practices.
This section describes these communities of flora and fauna, including the
dominant plants and animals in each community and their relationships with
each other. Scientific nomenclature and common names, where applicable, are
used for the initial species reference. Subsequent references to the same
species are by the common name only.
1. Plant Communities
Four terrestrial communities occur within the project area (Figure 2). Dominant
faunal components associated with these terrestrial areas are discussed in the
community description.
a) D/sturbed Community
This community covers areas along both sides of SR 1223 throughout the project
area. It includes maintained grassy road shoulders, weedy areas sloping down
to the stream banks adjacent to the bridge, recent cutovers, and a maintained
powerline right-of-way. Species in the roadside areas and streambanks include
seedlings of sycamore (Platanus occidentalis) and yellow poplar (Liriodendron
tulipifera), violet (Viola sp.), fescue (Festuca sp.), wingstem (Verbesina
occidentalis), trumpet creeper (Campsis radicans), Virginia creeper
(Parthenocissus quinquefolia), catbrier (Smilax glauca), privet (Ligustrum
sinense), red clover (Trifolium pratense), black medic (Medicago lupulina),
ragweed (Ambrosia artemisiifolia), and Japanese honeysuckle (Lonicera
japonica). In the right-of-way and cutover areas, species include white pine
(Pious strobus), sweetgum (Liquidambar styraciflua), slash and poison ivy
(Toxicodendron radicans) in addition to the species listed above
b) Old Field Community
The old field community probably represents an abandoned agricultural field and
covers an area north of SR 1223 and downstream of Bridge No. 46. Young
saplings of sycamore, yellow poplar, and white pine dominate the area.
Herbaceous species include dog fennel (Eupatorium capillifolium), daisy
fleabane (Erigeron strigosus), ragweed, ox-eye daisy (Chrysanthemum
leucanthemum), yarrow (Achilles millifolium), and Queen Anne's lace (Daucus
carota).
9

c) Mixed Hardwood Community
This community includes the remaining fringe of vegetation on the right bank of
the Catawba/Linville River upstream of the bridge and the intact forest on the left
bank of the river both upstream and downstream of the bridge. Species include
sassafras (Sassafras albidum), ironwood (Carpinus caroliniana), sweetgum,
white pine, black walnut (Cary juglans), river birch (Betula nigra), sweet birch
(Betula lenta), yellow poplar, mockernut hickory (Carya tomentosa), flowering
dogwood (Comus florida), hazelnut (Corylus americana), privet, pinxter flower
(Rhododendron nudiflorum), Jack-in-the-pulpit (Arisaema triphyl/um), giant cane
(Arundinaria gigantea), Virginia creeper, Japanese honeysuckle, and yellowroot
(Xanthorhiza simplicissima). On a steep, rocky area of the bank upstream of the
bridge, there is a small inclusion of species more typical of mountainous areas
such as rosebay rhododendron (Rhododendron maximum), doghobble
(Leucothoe axillaris var. editorum), and galax (Galax aphylla). This community is
equivalent to the Mesic Mixed Hardwood Forest (Piedmont Subtype) as
described in Schafale and Weakley (1990).
d) Cultivated
A cultivated field is present downstream of Bridge No. 46, on the south side of
SR 1223. It appeared to be a nursery with various species of trees.
2. Wildlife
The animal species present in the disturbed community habitats are
opportunistic and are capable of surviving on a variety of resources, ranging from
vegetation to both living and dead fauna( components. Northern mockingbird
(Mimus polyg/ottos), starling (Stumus vulgaris), and American robin (Turdus
migratorius) are common birds that use these habitats. The area may also be
used by gray squirrel (Sciurus carolinensis), Virginia opossum (Didelphis
virginiana), Eastern garter snake (Thamnophis sirtalis), and American toad (Bufo
americanus).
Animal species present in the old field community may include all of those listed
above for the disturbed community. In addition, the rat snake (Elaphe obsoleta),
Fowler's toad (Bufo woodhouse~), field sparrow (Spizella pusilla), mourning dove
(Zenaida macroura), blue grosbeak (Guiraca caerula), rufous-sided towhee
(Pipilo erythophthalmus), red fox (Vulpes vulpes), and house mouse (Mus
musculus) may utilize this habitat.
Animal species likely to utilize the mixed hardwood community include: white-
footed mouse (Peromyscus leucopus), gray squirrel, eastern chipmunk (Tamias
striatus), raccoon (Procyon /otor), wood thrush (Hylocich/a mustelina), red-bellied
woodpecker (Melanerpes carolinus), tufted titmouse (Parus bicolor), Carolina
10

chickadee (Parus carolinensis), yellow warbler (Dendroica petechia), red-eyed
vireo (Vireo o/ivaceus), various transient wood warblers, eastem garter snake
(Thamnophis sirtalis), redbelly snake (Storeria occipitomacu/ata), green frog
(Rana clamitans), slimy salamander (Plethodon glutinosus), and eastem box
turtle (Terrapene Carolina).
Cultivated fields are used by wildlife mainly for foraging, although some reptiles
and small rodents may burrow in them such as black racer (Co/uber constrictor)
and the short-tailed race of deer mouse (Peromyscus maniculatus).
3. Aquatic Community
The Catawba River enters Lake James as amid-gradient, sixth-order stream.
Downstream of the Linville Dam, within the project area, the Catawba River has
a substrate of mostly boulders and cobbles with a small percentage of sand and
gravel. On the day of the site visit, the water was clear and flowing rapidly. The
riparian community is a mature forest, except where the banks have been
cleared and rip-rapped, and is described in the mixed hardwood community
discussion.
Burke County is designated a "trout" county by the NCWRC and the Catawba
River is a designated Public Mountain Trout Water. At this location, the river is
stocked monthly March through July with rainbow trout (Onchorhynchus mykiss),
brown trout (Sa/mo trutta), and brook trout (Sa/velinus fontinalis.). There is also
small spawning run of striped bass (Morons saxatilis) in the spring.
An unnamed tributary enters the Catawba River through a culvert on the left
bank just downstream of the existing bridge. The substrate is mostly silt. The
water was clear but shallow (~1 inch or 2.54 centimeters [cm]) and flowing
sluggishly the day of the site visit. The riparian community is a mature forest and
can be described as mixed hardwood. This stream is apparently an intermittent
stream and would not support any fish populations.
4. Anticipated Impacts to Biotic Communities
a) Terrestrial Communities
Project construction will have various impacts to the previously described
terrestrial communities. Any construction activities in or near these resources
have the potential to impact biological functions. This section quantifies and
qualifies potential impacts to the natural communities within the project area in
terms of the area impacted and the plants and animals affected. Temporary and
permanent impacts are considered here along with recommendations to
minimize or eliminate impacts.
11

Table 2. Estimated Areas of Impact to Terrestrial Communities
I mpacted Area in Acres (Hectares)

Community
Alternate 1
Alternate 2
Alternate 3 Alternate 4
(preferred)
Disturbed
Communi 0.75 (0.30) 0.58 (0.23) 0.98 (0.40) 0.44 (0.18)
Old Field 0.31 (0.1 2) N/A 0.01 (0.00) N/A
Mixed Hardwood 1.39 (0.56) 0.53 (0.21) 0.44 (0.18) 0.29 (0.12)
Cultivated N/A N/A N/A N/A
Total Impact 2.44 (0.98)) 1.1 i (0.44) 1.43 (0.58) 0.73 (0.30)
Destruction of natural communities along the project alignment will result in the
loss of foraging and breeding habitats for the various animal species that utilize
the area. Animal species will be displaced into surrounding communities. Adult
birds, mammals, and some reptiles are mobile enough to avoid mortality during
construction. Young animals and less mobile species, such as many
amphibians, may suffer direct loss during construction. The plants and animals
that are found in these upland communities are generally common throughout
western North Carolina.
Impacts to terrestrial communities, particularly in locations having steep to
moderate slopes, can result in the aquatic community receiving heavy sediment
loads as a consequence of erosion. Construction impacts may not be restricted
to the communities in which the construction activity occurs, but may also affect
downstream communities. Efforts will be made to ensure that no sediment
leaves the construction site.
b) Wetland Commun/ties
No wetlands will be impacted by the project. Project construction cannot be
accomplished without infringing on the surface waters. Anticipated surface water
impacts fall under the jurisdiction of the USACE and the DWQ. At the preferred
alternative crossing, the Catawba River is 90 feet (27.4 m) to 100 feet (30.5 m)
wide. The tributary is 2 feet (0.6 m) wide. Using the bridge width of
approximately 30 feet (9.1 m) wide for the preferred alternate, construction will
impact an area of up to 3,100 square feet (288 square meters) of surface waters.
c) Aquatic Communities
Impacts to aquatic communities include fluctuations in water temperatures as a
result of the loss of riparian vegetation. Shelter and food resources, both in the
aquatic and terrestrial portions of these organisms' life cycles, will be affected by
12

losses in the terrestrial communities. The loss of aquatic plants and animals will
affect the terrestrial fauna that rely on them as a food source.
Temporary and permanent impacts to aquatic organisms may result from
increased sedimentation. Aquatic invertebrates may drift downstream during
construction and recolonize the disturbed area once it has been stabilized.
Sediments have the potential to affect fish and other aquatic life in several ways,
including the clogging and abrading of gills and other respiratory surfaces,
affecting the habitat by scouring and filling of pools and riffles, altering water
chemistry, and smothering different life stages. Increased sedimentation may
cause decreased light penetration through an increase in turbidity. Trout
populations are particularly sensitive to water-quality degradation.
Wet concrete should not come into contact with surface water during bridge
construction. Potential adverse effects can be minimized through the
implementation of the NCDOT Best Management Practices for Protection of
Surface Waters. In addition, "Guidelines for Construction Adjacent to and
Crossing Trout Waters" as incorporated into Erosion and Sediment Control
Guidelines will be implemented and followed throughout the project. In-stream
work and land disturbance within the 25-foot (7.62-m) wide trout stream buffer
zone will be prohibited during the brown and brook trout spawning season
spanning November 1 through April 15 to protect the egg and fry stages of trout
from off-site sedimentation during construction.
E. Special Topics
1. "Waters of the United States": Jurisdictional Issues
Wetlands and surface waters fall under the broad category of "Waters of the
United States" as defined in 33 CFR § 328.3 and in accordance with provisions
of Section 404 of the Clean Water Act (33 U.S.C. 1344). These wetlands and
surface waters are regulated by the U.S. Army Corps of Engineers (USAGE).
Any action that proposes to dredge or place fill material into surface waters or
wetlands falls under these provisions. The Glen Alpine, N.C. NWI map shows
no wetlands in the project vicinity. No jurisdictional wetlands were observed
within the project area. The Catawba River and the tributary meet the definition
of surface waters, and are therefore classified as Waters of the United States.
The channel of the Catawba River is 90 feet (27.4 m) wide upstream of Bridge
No. 46, widening to about 150 feet (45.7 m) downstream within the project area.
The tributary's channel is two feet (0.6 m) wide.
13

2. Permits
Impacts to jurisdictional surface waters are anticipated from the proposed
project. Permits and certifications from various state and federal agencies may
be required prior to construction activities.
a) Section 404 of the Clean Water Act
In accordance with Section 404 of the Clean Water Act, constnaction is likely to
be authorized by Nationwide Permit (NWP) No. 23, as promulgated under 61 FR
65874, 65916; December 13, 1996. This permit authorizes activities undertaken,
assisted, authorized, regulated, funded, or financed in whole or in part, by
another Federal agency or department where said agency or department has
determined that, pursuant to the Council on Environmental Quality Regulations
for Implementing the Procedural Provisions of the National Environmental Policy
Act:
• the activity, work, or discharge is categorically excluded from
environmental documentation because it is included within a category of
actions which neither individually nor cumulatively has a significant effect
on the human environment; and,
• the Office of the Chief Engineer has been furnished notice of the agency's
or department's application for the categorical exclusion and concurs with
that determination.
b) Section 401 Water Quality Certification
This project will also require a 401 Water Quality Certification or waiver thereof,
from the (NCDENR) prior to issuance of the NWP 23. Section 401 of the Clean
Water Act requires that the State issue or deny water certification for any
Federally permitted or licensed activity that results in a discharge into Waters of
the United States. In addition, the project is located in a designated "trout"
county, where the NCDOT must obtain a letter of approval from the NCWRC.
Final permit decision rests with the USACE.
c) Bridge Demolition and Removal
Demolition and removal of a highway bridge over Waters of the United States
requires a permit from the USACE. Effective September 20, 1999, this permit is
included with the permit for bridge reconstruction. The permit application
henceforth will require disclosure of demolition methods and potential impacts to
the body of water in the planning document for the bridge reconstruction.
Section 402-2 "Removal of Existing Structures" of the NCDOT's Standard
Specifications for Roads and Structures stipulates that "excavated materials shall
not be deposited... in rivers, streams, or impoundments," and "the dropping of
14

parts or components of structures into any body of water will not be permitted
unless there is no other practical method of removal. The removal from the
water of any part or component of a structure shall be done so as to keep any
resulting siltation to a minimum.° To meet these specifications, the NCDOT shall
adhere to Best Management Practices for the Protection of Surface Waters, as
supplemented with Best Management Practices for Bridge Demolition and
Removal.
In addition, all in-stream work shall be classified into one of three categories as
follows:
Case 1) In-water work is limited to an absolute minimum, due to the presence of
special resource waters or threatened and/or endangered Cr&E)
species, except for the removal of the portion of the sub-structure below
the water. The work is carefully coordinated with the responsible
agency to protect the Special Resource Water or T&E species.
Case 2) No work at all in the water during moratorium periods associated with
fish migration, spawning, and larval recruitment into nursery areas.
Case 3) No special restrictions other than those outlined in the NCDOT's Best
Management Practices for Protection of Surface Waters
The Catawba River in the vicinity of the proposed project is not a special
resource water and is not known to provide habitat for aquatic species on the
Federal list of threatened and endangered species. However, it is classified as a
Public Mountain Trout Water by the NCWRC. Therefore, Case 2 applies to the
proposed replacement of Bridge No. 46 over the Catawba River.
The superstructure consists of steel planks on salvaged I-beams. The
substructure consists of reinforced concrete vertical abutments and concrete
piers. There are four spans, with three piers in the water and both abutments
adjacent to the water. The maximum potential fill is 275 cubic yards (210 cubic
meters).
Because of the potential sedimentation concerns resulting from demolition of the
bridge, where it is possible to do so, a turbidity curtain shall be included to
contain and minimize sedimentation in the stream. Although the streambed in
the project area is not bedrock, turbidity problems are not expected from
demolition activities.
d) Temporary Buffer Rules
The low chord of the bridge deck is expected to be 12 feet (3.6 m) or more
above the natural ground. In compliance with the temporary buffer rules
applying to the Catawba River mainstem, below Lake James, the stormwater
from the deck drains will be diffused flow into the buffer.
15

e) Federal Emergency Regulatory Commission Permit
Duke Power was contacted to determine the need for a Federal Emergency
Regulatory Commission (FERC) permit in conjunction with the replacement of
Bridge No. 46 over the Catawba River, In a letter dated May 17, 2001, Duke
Power stated a permit would not be required (see Programmatic 4(f), attached,
for letter).
3. Mitigation
Because this project will likely be authorized under a Nationwide Permit,
mitigation for impacts to surface waters may or may not be required by the
USACE. In accordance with the Division of Water Quality Wetland Rules [15A
NCAC 211 .0506 (h)] "Fill or alteration of more than 1.0 acre (0.4 ha) of wetlands
will require compensatory mitigation; and fill or alteration of more than 150 linear
feet (45.6 m) of streams may require compensatory mitigation." Because there
are no wetlands within the study corridor, wetland mitigation will not be required.
A total of 75 linear feet (22.9 m) of the Catawba River and 75 linear feet (22.9 m)
of the unnamed tributary are located within the study corridor for the proposed
project. The actual stream impacts will likely be lower than the 150 linear feet
(45.6 m) threshold, depending on final design plans. However, if the final length
of stream impact is greater than 150 linear feet (45.6 m), compensatory
mitigation may be required.
F. Rare and Protected Species
Sorne populations of plants and animals are declining either as a result of natural
forces or their difficulty competing with humans for resources. Rare and
protected species listed for Burke County, and any likely impacts to these
species as a result of the proposed project construction, are discussed in the
following sections.
1. Federally Protected Species
Plants and animals with a Federal classification of Endangered (E), Threatened
(T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected
under provisions of Section 7 and Section 9 of the Endangered Species Act of
1973, as amended.
The USFWS lists six species under federal protection for Burke County as of
March 2001 (USFWS, 2002). These species are listed in Table 3.
16

Table 3. Species Under Federal Protection for Burke County
Common Name Scientific Name Status
ertebrates
Bald ea le Ha/iaeetus leucoce ha/us T
ascular Plants
Dwarf-flowered heartleaf Hexast lis naniflora T
Holler's blazin star Liatris helleri T
Mountain olden heather Hudsonia montane T
Small-whorled o onia Isotria medeoloides T
S readin evens Geum radiatum E
KEY:
E=Endangered - A taxon "in danger of extinction throughout all or a significant portion of it
range."
=Threatened - A taxon °likely to become endangered within the foreseeable future throughou
all or a si nificant ortion of its ran e
A brief description of the characteristics and habitat requirements of each
species follows, along with a conclusion regarding potential project impact.
Hallaeetus leucocephalus (bald eagle) Threatened
Family: Accipitridae
Federally Listed: 1995
The bald eagle is a large raptor with a wingspan reaching 7 feet (2.1 m). Adults
have a dark brown body with a pure white head and tail, whereas the juvenile
plumage is chocolate brown to blackish with white mottling on the tail, belly and
underwings. Adult plumage is fully acquired by the fifth or sixth year.
The bald eagle is primarily associated with coasts, rivers, and lakes, usually
nesting near large bodies of water where it feeds. It preys primarily on fish, but
will feed on birds, mammals, turtles, and carrion when fish are unavailable.
In the southeast, the nesting and breeding season runs from September to
December. Large nests up to 6 feet (2 m) across and weighing hundreds of
pounds are constructed from large sticks, weeds, cornstalks, grasses, and sod.
Preferred nesting sites are usually within 0.5 mile (0.8 km) of water, have an
open view of the surrounding area, and are in the largest living tree, usually a
pine or cypress. Excessive human activity may exclude an otherwise suitable
site from use. Wintering areas generally have the same characteristics as
nesting sites, but may be farther from shores.
The bald eagle ranges throughout all of North America. Breeding sites in the
southeast are concentrated in Florida, coastal South Carolina, and coastal
Louisiana, and sporadically located elsewhere.
Biological Conclusion:
No Effect
17

The project area is adjacent to a large lake that could provide foraging habitat.
However, the proximity of the proposed project to a road and recreational area
make it unlikely that the bald eagle would utilize the area. No occurrences of the
bald eagle within the project vicinity were found in the NHP files and no nests or
potential nest sites were observed in the project area. Therefore, it can be
concluded that the project will not impact this threatened species.
Hexastylis nan/f/ora (dwarf-flowered heartleaf) Threatened
Plant Family: Aristolochiaceae
Federally Listed: 1989
Also known as dwarf-flowered wild ginger, the dwarf-flowered heartleaf is
distinguished from other members of the genus Hexastylls by the size of the
flower. It is the smallest flower in the genus, measuring less than 0.4 inches (10
millimeters [mrn]) across. The sepal tubes are never more than 0.02 or
0.03 inches (6 or 7 mm) wide, even in flower. The jug-shaped flowers are beige
to dark brown, sometimes green or purplish. As the common name implies, the
evergreen leaves are heart-shaped with a leathery texture.
The dwarf-flowered heartleaf requires acidic, sandy loam soils along bluffs and
nearby slopes, in boggy areas adjacent to creek heads and streams, and along
slopes of hillsides and ravines. It can tolerate either moist or dry conditions if the
soil requirement is met. Maximum flowering occurs when plenty of sunlight is
available in early spring. The flowering season is from mid-March to early June.
There are 24 known populations of the dwarf-flowered heartleaf in the upper
piedmont of North Carolina and South Carolina. In North Carolina, the plant is
known from Catawba, Lincoln, Rutherford, Cleveland, and Burke counties.
Biological Conclusion: No Effect
An acidic sandy loam soil is mapped in the project area, and a search of the
NHP files showed a known population on the upland north of Bridge No. 46. A
search for individual plants was conducted on July 16, 2000. A population of a
heartleaf species was observed in the same reported location as the known
population. No flowers were present, but the species was presumed to be a
dwarf-flowered heartleaf based on the location. This population consists of at
least 22 plants and is located approximately 260 feet (79 m) from the existing
roadway, within the impact area of Alternative 1. A second population, also
presumed to be adwarf-flowered heartleaf, is located approximately 160 feet
(48.8 m) from the existing road. The second population consists of two isolated
individuals. Both Alternatives 1 and 2 could potentially effect this population.
Alternatives 3 and 4 are not anticipated to impact the species. Since the
preferred alternative (Alternative 4) does not impact the species locations, this
project will have no effect on this species.
18

Liatris helleri (Heller's blazing star) Threatened
Plant Family: Asteraceae
Federally Listed: 1987
Heller's blazing star is a perennial herb with an erect stem from a com-like
rootstock. The stiff stems are purple near the base, turning to green upwards,
and are strongly ribbed and angulate. Both basal and cauline leaves are
numerous, decreasing in size upward. The leaves are long and narrow, with
those at the base 8 to 12 inches (20 to 30 cm) in length. The stems reach up to
16 inches (40 cm) in height and are topped by a showy spike of lavender flowers
0.3 to 8 inches (7 to 20 cm) long. Flowering occurs from July through
September.
Heller's blazing star typically occurs on sandy soil on rocky summits, cliffs,
ledges, and rocky woods at elevations of 3500 to 6000 feet (1067 to 1829 m).
The plants grow in humus or clay loams on igneous and metasedimentary rock.
Soils are generally acidic (pH 4) and shallow. Sites occupied by the Holler's
blazing star are generally exposed to full sun.
Biological Conclusion: No Effect
No habitat exists in the project area for Holler's blazing star. The elevation of the
project area is approximately 1040 feet (317 m), whereas this species occurs
above 3500 feet (1067 m). There are no areas of sandy soil on rocky summits,
cliffs, ledges, or rocky woods that are exposed to full sun. A search of the NHP
database found no occunence of Holler's blazing star in the project vicinity. It
can be concluded that the project will not impact this threatened species.
Hudsonla montane (mountain golden heather) Threatened
Family: Cistaceae
Federally Listed: 1980
Mountain golden heather is aloes-growing shrub with 0.5-inch (1.2-cm) long,
needle-like leaves. The yellow-green plants have an open branching pattern and
usually grow in clumps 4 to 8 inches (10.1 to 20.3 cm) across and 6 inches (15.2
cm) high. The yellow flowers measure nearly 1-inch (2.5-cm) across and have
five blunt-tipped petals. They appear in early to mid-June. The fruit capsules
are home on the end of long stalks and persist on the plant after opening.
Mountain golden heather is known only from Burke and McDowell Counties at
elevations of 2800 to 4000 feet (853.4 to 1219.2 m). It grows on quartzite ledges
in an ecotone between bare rock and Leiophyllum-dominated heath balds that
merge into pine-oak forest. It may survive for some time in the shade of pines
but does better in open areas.
Biological Conclusion:
No Effect
19

No habitat exists in the project area for mountain golden heather. The elevation
of the project area is approximately 1040 feet (317 m), whereas this species
occurs above 2800 feet (853.4 m). A search of the NHP database found no
occurrence of mountain golden heather in the project vicinity. It can be
concluded that the project will not impact this threatened species.
Isotria medeo/oides (small whorled pogonia) Threatened
Family: Orchidaceae
Federally Listed: 1982
The specific epithet of the small whorled pogonia comes from the resemblance
of this perennial orchid to young plants of Indian cucumber root (Medeola
virginiana). However, the small whorled pogonia has a stout, hollow stem in
contrast to the solid, slender stem of Indian cucumber root. The stem is 3.7 to
9.8 inches (9.5 to 25 cm) tall, with a terminal whorl of five or six light green
leaves that are elliptical in shape and measure up to 3 by 1.5 inches (8 by 4 cm).
One or two flowers are home at the top of the stem, appearing from mid-May to
mid-June. The flowers lack fragrance and nectar guides, and apparently are
self-pollinating.
The small whorled pogonia was formerly scattered in 48 counties in 16 eastern
States. Currently, the majority of populations are found in New England at the
foothills of the Appalachian Mountains and in northern coastal Massachusetts.
The habitat of the small whorled pogonia varies widely throughout its range,
although there are a few common characteristics among the majority of sites.
These include sparse to moderate ground cover; a relatively open understory;
and proximity to features that create extensive, stable breaks in the canopy, such
as logging roads or streams. The pogonia has been found in mature forests as
well as stands as young as 30 years. Forest types include mixed-
deciduous/white pine or hemlock in New England, mixed deciduous in Virginia,
white pine/mixed-deciduous or white pine/oak-hickory in Georgia, and red maple
in Michigan. Understory components in the southern part of the range are most
commonly found to . be flowering dogwood (Comus florida), sourwood
(Oxydendron arboreum), mountain laurel (Kalmia latifolia), American chestnut
(Castanea dentata), witch hazel (Hamamelis virginiana), and flame azalea
(Rhododendron calendulaceum). Early descriptions placed the small whorled
pogonia on dry sites, but it has since been found on sites with high soil moisture.
Biological Conclusion: No Effect
Given the fairly general habitat requirements described for the small whorled
pogonia, the project area may be considered to have suitable habitat. However,
the NHP files showed no occurrences of this species in the project vicinity and
no plants were found by Earth Tech biologists, who conducted a survey July 16,
20

2000, during the flowering season. It can be concluded that the project will have
no impact on the small whorled pogonia.
Geum radiatum (spreading avens) Endangered
Plant Family: Rosaceae
Federally Listed: 1990
Spreading avens is a perennial herb having stems with an indefinite cyme of
bright yellow, radially symmetrical flowers. Flowers of spreading avens are
present from June to early July. Spreading avens has basal leaves which are
odd-pinnately compound; terminal leaflets are kidney shaped and much larger
than the lateral leaflets, which are reduced or absent.
Spreading avens is found only in the North Carolina and Tennessee section of
the Southern Appalachian Mountains. Spreading avens occurs on scarps, bluffs,
cliffs, and escarpments on mountains, hills, and ridges. Known populations of
this plant have been found to occur at elevations from 5060 to 5800 feet (1535 to
1759 m). Other habitat requirements for this species include full sunlight and
shallow acidic soils. These soils are composed of sand, pebbles, humus, sandy
loam, and clay loam. Most populations are pioneers on rocky outcrops.
Biological Conclusion: No Effect
No habitat exists in the project area for spreading avens. The elevation of the
project area is approximately 1040 feet (316.9 m) and known populations occur
above 5000 feet (1524 m). A search of the NHP database found no occurrence
of spreading avens in the project vicinity. It can be concluded that the project will
not impact this endangered species.
2. Federal Species of Concern
Federal Species of Concern (FSC) are not legally protected under the
Endangered Species Act and are not subject to any of its provisions, including
Section 7, until they are formally proposed or listed as Threatened or
Endangered. Table 4 includes FSC listed for Burke County and their State
classifications. Organisms which are listed as E, T, or SC on the NHP list of
Rare Plant and Animal Species are afforded State protection under the State
Endangered Species Act and the North Carolina Plant Protection and
Conservation Act of 1979. However, the level of protection given to State-listed
species does not apply to NCDOT activities.
21

Table 4. Federal Species of Concern in Burke County
Common Name Scientific Name State
Status Habitat
Present
Vertebrates
Ile hen woodrat Neotoma ma ister SC Yes
Southern A alachain woodrat Neotoma florldana haematoreia SC Yes
!n vertebrates
rook floater /asmidonta varicose T Yes
Diana fritilla butterfl S e eria diana SR No
Edmund's snaketail dra onfl Ohio om hus edmundo SR No
P m snaketail dra onfl Ohio om hus howei SR Yes
Vascular Plants
Butternut Ju lens cinerea W5 Yes
arollna saxifra a Saxifra a caroliniana ~ C No
Sweet inesa Monotro sis odorata C No
onvascular Plants
liverwort* Ce haloziella obtusilobula W2 No
liverwort Pla iochila sullivantii var. s ini era C No
liverwort P/a iochila sullivantii var. sullivantii C No
Sources: USFVIIS, 1998; Amoroso, ed., 1997; LeGrand and Halt, eds., 1997
Key: T =Threatened, SC =Special Concern, C =Candidate, SR =Significantly Rare, W2 =Rare, but taxonomically
questionable, WS =Rare because of severo decline
" = Hlstorlc record. The s ecies was last observed in the coun > 50 ears a o
No FSC species were observed during the site visit. According to NHP records,
none of these species occur within 2 miles (3.2 krn) of the project area.
3. Summary of Anticipated Impacts
Of the six species listed by USFWS for Federal protection in Burke County, the
dwarf-flowered heartieaf is present on the Alternative 1 and 2 alignments.
Alternative 3 and Alternative 4 (preferred) will not affect this species. No other
Federally protected species are present.
Of the eleven species listed for Burke County as Species of Concern, three have
habitat in the project area, however none of these species were observed during
the site visit and there are no records of occurrence within 2 miles (3.2 km) of the
project area registered with the NHP.
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, and 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
22

account the effect of Federally funded, licensed, or permitted undertakings on
properties listed on or eligible for the National Register of Historic Places and
afford, the Advisory Council on Historic Preservation a reasonable opportunity to
comment on such undertakings.
B. Historic Architectural Resources
A field survey of the Area of Potential Effects (APE) was conducted on
September 21, 1999. All structures within the APE were photographed, and later
reviewed by the State Historic Preservation Office (HPO). None of the properties
were considered eligible, and in a concurrence form dated April 16, 2002, the
State Historic Preservation Officer (SHPO) concurred that there are no historic
architectural resources either listed in or eligible for listing in the National
Register of Historic Places within the APE. A copy of the concurrence form is
included in the Appendix.
C. Archaeological Resources
The State Historic Preservation Officer (SHPO), in a comment dated November
19, 2001, stated that no sites are located within the project area and the project
will not involve significant archaeological resources. This statement fulfills the
requirements of 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. A copy of the SHPO comment is
included in the Appendix.
VII. ENVIRONMENTAL EFFECTS
Anticipated impacts to the resources in the project area are described in this
section. The project is considered to be a Federal "Categorical Exclusion"
because of its limited scope and insignificant environmental consequences. The
project is expected to have an overall positive impact. Replacement of an
inadequate bridge will result in safer traffic operations.
The project is not in conflict with any plan, existing land use, or zoning regulation.
No significant change in land use is expected to result from construction of the
project.
No adverse effect on public facilities or services is anticipated. The project is not
expected to adversely affect social, economic, or religious opportunities in the
area.
No adverse effect on families or communities is anticipated. Right-of-way
acquisition will be limited.
There are no publicly owned parks, recreational facilities, or wildlife and
waterfowl refuges of national, state, or local significance in the vicinity of the
23

project. However, there is `public •access land' maintained by NCWRC
associated with the Bridgewater Fishing Pier and corresponding parking area.
This area will not be adversely impacted by the proposed project. Access will be
maintained to the parking area and the fishing pier will remain undisturbed during
and following construction. See Section IX. 4(f) of this document for further
discussion of this resource.
The Farmland Protection Policy Act requires all federal agencies or their
representatives to consider the potential impacts to prime and important
farmland soils by all land acquisition and construction projects. Prime and
important farmland soils are defined by the U.S. Natural Resources Conservation
Service. No prime or important farmlands will be impacted by the proposed
project.
This project is an air quality "neutral" project, so it is not required to be included
in the regional emission analysis (if applicable) and a project level CO analysis is
not required. The project is located in Avery County, which has been determined
to be in compliance with the National Ambient Air Quality Standards. 40 CFR
part 51 is not applicable because the proposed project is located in an
attainment area. This project is not anticipated to create any adverse effects on
the air quality of this attainment area.
Traffic volumes will not increase or decrease because of this project. There are
no receptors located in the immediate project area. The project's impact on
noise and air quality will not be significant.
Noise levels could increase during construction but will be temporary. If
vegetation is disposed of by burning, all burning shall be done in accordance
with applicable local laws and regulations of the North Carolina SIP for air quality
in compliance with 15 NAACO 2D.0520. This evaluation completes the
assessment requirements for highway traffic noise (23 CFR Part 772) and for air
quality (1990 CAAA and NEPA), and no additional reports are required.
An examination of records at the North Carolina Department of Environment and
Natural Resources, Division of Water Quality, Groundwater Section and the
Division of Waste Management revealed no underground storage tanks,
hazardous waste sites, regulated or unregulated landfills, or dump sites in the
project area.
Burke County is a participant in the National Flood Insurance Program (NFIP).
Flood Insurance Study maps for Burke County show Bridge No. 46 is located in
a FEMA 100-year floodplain (see Figure 5). Replacement of this bridge is not
expected to affect the 100-year floodplain.
On the basis of the above discussions, it is concluded that no significant adverse
environmental effects will result from implementation of this project.
24

VIII. AGENCY COMMENTS
United States Army Corps of Engineers (email comments)
If the Catawba River is utilized by canoes and other boat traffic, any construction
activities would have to allow for continued boat passage. The Corps defers to
the North Carolina Wildlife Resources Commission to determine the precise time
period of any moratioriums associated with trout spawning seasons in the
associated stream. Because this stream is in a trout water county, apre-
construction notification (PCN) will be required for any and all nationwide permits
requested.
United States Department of Agriculture
The Natural Resources Conservation Service does not have any comments at
this time.
United States Department of the Interior- Fish and Wildlife Service
Federal List of Endangered and Threatened Wildlife and Plants as well as
species of Federal concern were sent for Buncombe County. A surrey was
recommended of the project area for species prior to further planning or on-the-
ground activities to ensure no adverse impacts occur to these species.
North Carolina Wildlife Resources Commission
The Catawba River, in the Lake James tailwater, is Designated Public Mountain
Trout Water and is classified as Hatchery Supported. The river at this location is
stocked with catchable trout from March 1 through July 31 annually and supports
wild brown and brook trout. Efforts should be made to minimize in water
disturbance during stocking season from March 1 through July 31. No in water
work is allowed between November 1 and April 15 to protect trout egg and fry
stages from sedimentation. In addition to trout, there are spring runs of striped
bass, v-lip redhorse, yellow perch, and walleye from Lake Rhodhiss that travel up
to this location attempting to spawn. There are records of a rare mussel, the
brook floater (Alasmidonta varicose), in this section of the river. Surveys are
required to determine the status of this species.
Burke County Public Schools
No school bus routes require the use of Bridge No. 46, therefore no negative
impact to school bus routing is associated with the proposed project.
Duke Power
The area affected by the proposed bridge replacement is outside of the project
boundary for the Bridgewater Development of the Catawba-Wateree Project
(hydroelectric plant). Therefore, no permits will be required for the activities
proposed for the replacement of Bridge No. 46.
25

IX. 4(F)
Duke Power, a division of Duke Energy Corporation has been licensed by the
Federal Energy Regulatory Commission (FERC), to operate the Catawba-
Wateree Project which impounds the waters of the Catawba River including Lake
James, Lake Rhodhiss, Lake Hickory, Lookout Shoals Lake, Lake Norman,
Mountain Island Lake, and Lake Wylie in North Carolina.
Duke Power operates a hydroelectric plant, the Bridgewater Hydroelectric Plant,
on Lake James. For most non-Federal hydroelectric power plants, the Federal
Energy Regulatory Commission (FERC) must issue a license authorizing
construction or continued operation of the facility. The FERC license protects
the public interest in the case of the use of a natural resource- streams and
rivers. As part of the FERC license for the Bridgewater Hydroelectric Plant, Duke
Power has entered into an agreement with the North Carolina Wildlife Resources
Commission (NCWRC) to provide public access to the Catawba River as an
enhancement measure. Duke Power is leasing a 39.8-acre (16.1-ha) tract of
land to NCWRC, to be maintained as a public access area. The 39.8-acre (16.1-
ha) tract extends approximately 1000 feet (304.8 m) north and 1500 feet (457.2
m) south of Bridge No. 46, along the Catawba River.
The leasing agreement will remain in force until it is terminated by either party or
on its expiration date of August 31, 2008, whichever comes first. This
termination date correlates to the renewal date of the associated FERC license.
Duke Power intends to continue this agreement in association with the continued
renewal of the FERC license. A copy of this lease agreement is attached to the
Programmatic 4(f).
One portion of this tract, 4.94 acres (2.0 ha) on the Catawba River at the
southwest quadrant of the bridge, has been enhanced for public use with a
gravel parking area and a fishing pier. The parking area can be accessed from
Powerhouse Road (SR 1223) at the western bridge approach.
Bridge No. 46 is being replaced because of poor horizontal alignment and
decaying structural elements; the current bridge conditions are unsafe and need
to be replaced. The preferred alternative (Alternate 4) will replace the existing
structure just north of the existing structure. The resulting facility will provide a
structure to current safety standards. There will be no impacts to the
Bridgewater Fishing Pier or associated parking facility. All project impacts will be
in the form of right of way acquisition to the north of the existing facility.
This project necessitates the use of a minor amount of land from a "Public
Access Area;" since the project meets the criteria set forth in the Federal
Register (December 23, 1986), a Programmatic 4(f) Evaluation has been
attached to satisfy the requirements of Section 4(f) of the Department of
Transportation Act of 1966. The following alternatives, which avoid use of the
26

"Public Access Area," have been fully evaluated: (1) do nothing; (2) improve the
bridge without using the surrounding "Public Access Area;" (3) build the
replacement structure on a new location without using land from the leased tract.
These alternatives were not found to be feasible and prudent.
All possible planning to minimize harm to the "Public Access Area" has been
performed as an integral part of this project. Measures to minimize harm include
the following:
1. Re-alignment of the bridge just north of the existing structure resulting in
no impacts to the 4.94-acre (2.0-ha) Bridgewater Fishing Pier and parking.
Access to the fishing area will be retained as part of the new alignment.
2. Design speed was dropped to 15 mph (24 kph) from the standard 60 mph
(97 kph) to apply design standards associated with lower design speed.
The new design standards allow more curare in the road resulting in less
overall right of way acquisition.
3. Minimization of necessary right of way by using sideslopes appropriate for
a 15 mph (24 kph) design.
This project has been coordinated with the Duke Power Company and the North
Carolina Wildlife Resources Commission. Both entities have confirmed that
maintenance of the Bridgewater Fishing Pier and parking area will fulfill the
requirements of the FERC license and the Public Access Area leasing
agreement. Correspondence with Duke Power is attached. The approved
Programmatic 4(f) Evaluation addressing the Bridgewater Fishing Pier is also
attached.
27

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CATAWBA RI-VE}~
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North Carolina -Department of Transportation
~' Division of Highways
Project Development and Environmental Analysis Branch
FIGURE 1
VICINITY MAP
REPLACEMENT OF BRIDGE NUMBER 46
ON SR 1223 OVER THE CATAWBA RIVER
BURKE COUNTY
TIP NO. 8-3419
1 0 1 Miles
1 0 1 2 Kilometers

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North Carolina -Department of Transportation FIGURE 4a
NORTH VIEWS OF BRIDGE
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' Division of Highways REPLACEMENT OF BRIDGE NUMBER 46

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ar Tp~, y TIP NO. B-3419

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North Carolina - Department of Transportation
r Division of Highways
Project Development and
Environmental Analysis Branch
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FIGURE 4b
SOUTH AND EAST VIEWS OF BRIDGE
REPLAGEMENT OF BRIDGE NUMBER 46
ON SR 1223 OVER GATAWBA RIVER
BURKE COUNTY
T1P NO. B-3419

PROGRAMMATIC 4(f)

NORTH CAROLINA DIVISION
FINAL NATIONWIDE SECTION 4(f) EVALUATION AND APPROVAL
FOR FEDERALLY-AIDED HIGHWAY PROJECTS WITH MINOR INVOLVEMENT
WITH PUBLIC PARKS, RECREATION LANDS, AND WII.DLIFE AND
WATERFOWL REFUGES
F. A. Project BRZ-1223(2)
State Project 8.2852001
T. I. P. No. B-3419
Description: Replacement of Bridge Number 46 on SR 1223 over Catawba River. Burke
Coun
Yes No
1. Is the proposed project designed to
improve the operational characteristics,
safety, and/or physical condition of ^
existing highway facilities on X
essentially the same location?
2. Is the project on new location? ^ X
3. Is the Section 4(f) land a publicly
owned public park, recreation land, or
wildlife and waterfowl refuge located X ^
adjacent to the existing highway?
4. Does the amount and location of the land
to be used impair the use of the
remaining Section 4(f) land, in whole or
in part, for its intended purpose? ^ X
(See chart below)
Total size of section 4(f) site Maximum to be acquired
less than 10 acres ............ 10 percent of site
10 acres-100 acres ............ 1 acre
greater than 100 acres ............ 1 percent of site

Yes No
5. Do the proxinuty impacts of the project
(e.g., noise, air and water pollution,
wildlife and habitat effects, aesthetic
values) on the remaining Section 4(f)
land impair the use of such land for its ^ X
intended purpose?
6. Do the officials having jurisdiction
over the Section 4(f) land agree, in
writing, with the assessment of the
impacts of the proposed project on, and
the proposed mitigation for, the Section X ^
4(f) lands?
7. Does the project use land from a site
purchased or improved with funds under
the Land and Water Conservation Act
(Section 6(f)), the Federal Aid in-Fish
Restoration Act (Dingell-Johnson Act),
the Federal Aid in Wildlife Act
(Pittman-Robertson Act), or similar
laws, or are the lands otherwise
encumbered with a Federal interest ^ X
(e.g., former Federal surplus property)?
8. If the project involves lands described
in Item 7 above, does the appropriate
Federal Agency object to the land ^ N/A
conversion or transfer?
9. Does the project require preparation of
an EIS? ~ X

~ 1
Yes No
The following alternatives were evaluated and
found not to be feasible and prudent: X ^
1. Do-nothing.
Does the "do nothing" alternative:
(a) correct capacity deficiencies? ^ X
or (b) correct existing safety hazards? ^ X
or (c) correct deteriorated conditions? ^ X
and (d) create costs, unusual problems, or X ^
impacts of extraordinary measure?
2. Improvement of the highway without using ^
theadjacent public park recreational X
land._ or wildlife waterfowl refuge.
(a) Have minor alignment shifts,
changes in standards, use of
retaining walls, etc., or traffic X
management measures been evaluated?
(b) The items in 2(a) would result in
(circle, as appropriate)
(i) substantial adverse community impact
or (ii) substantial increased costs
or (iii) unique engineering, transportation,
maintenance, or safety problems
or (iv) substantial social, environmental,
or economic impacts
o (v a project which does not meet the need
and (vi impacts, costs, or problems which are
extraordinary magnitude

Yes No
3. Build an improved facility on new
location without using the public park,
recreational_ land, or wildlife and
waterfowl_refu~e._ (This would be a X ^
localized "run around. ")
(a) An alternate on new location would
result in: (circle, as appropriate)
(i) a project which does not solve
the existing problems
or (ii) substantial social,
environmental, or economic
impacts
or (iii) ~a substantial increase in
project cost or engineering
difficulties
and (iv such impacts, costs, or
difficulties of truly unusual
or unique or extraordinary
magnitude

MIl~TIMIZATION OF HARM
Yes No
1. The project includes all possible ^
planning to minimize harm. X
2. Measures to minimize harm include the
following:
(circle those which are appropriate)
a. Replacement of lands used with lands
of reasonably equivalent usefulness
and location and of at least
comparable value.
b. Replacement of facilities impacted
by the project including sidewalks,
paths, benches, lights, trees, and
other facilities.
c. Restoration and landscaping of
disturbed areas.
d. Incorporation of design features and
habitat features, where necessary,
to reduce or minimize impacts to the
Section 4(f) property.
O Payment of the fair market value of
the land and improvements taken or
improvements to the remaining
Section 4(f) site equal to the fair
market value of the land and
improvements taken.
Of. Additional or alternative mitigation
measures as determined necessary
based on consultation with the
officials having jurisdiction over
the parkland, recreation area, or
wildlife or waterfowl refuge.
3. A discussion of specific mitigation measures is provided as follows:
The improved portion of the property (Bridgewater Fishing Pier and parking area) will
be avoided and access to this azea will be maintained from SR 1223 as part of the new
facility.
Note: Any response in a box requires additional information prior to approval. Consult
Nationwide 4(f) evaluation.

COORDINATION
The proposed project has been coordinated with the following (attach correspondence):
a. Officials having jurisdiction over X
the Section 4(f) Land
Duke Power (owners)
North Carolina Wildlife Resources Commission (requested coordination take
place with Duke Power in telephone conversation)
b. LocaUState/Federal Agencies X
c. US Coast Guard
(for bridges requiring bridge permits)
d. DOI, if Section 6(f) .lands aze
involved
SUMMARY AND APPROVAL
The project meets all criteria included in the programmatic 4(f) evaluation approved on
December 23, 1986.
All required alternatives have been evaluated and the findings made are cleazly applicable
to this project. There are no feasible or prudent alternatives which avoid use of the Section
4(f) land.
The project includes all possible planning to minimize harm, and there are assurances that
the measures to minimize harm will be incorporated in the project.
All appropriate coordination has been successfully completed.
Approved:
s12G ~-L
Date ~~ianage roject evelopment & Environmental Analysis Branch
I' -, " NCDOT
-OL
Date dministrator, FHWA
~~

Duke
. (`Power..
ADrb Eurj, ~'"'N^7
~! • 1 IV M. • .v
Duke Power
526 South church street
P.O. Sox 1006
Charlotte, NC 28201-1006
~~,Ci E ! ;•',~~
May 17, 2001
Mr. Bill Gilmore
NCDOT
Project Development and
Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
r 3 L~
ti,;l,~;~ •L ~~
kIQY ~~ 2~JOi
0
DNIStOtV OF .'~;
NN3MMAYS \~~ Q~
T~E~ Dp~,F,~~
Re: Replacement of Bridge No. 46 on SR 1223 (Powerhouse Road) over Catawba River,
Burke County, TIP No. B-3419
Dear Mr. Gilmore:
This letter is in response to your request concerning clarification of the impact of the bridge
replacement (see above) in conjunction with the Federal Energy Regulatory Commission's
(FERC) license to Duke Power for the Catawba-Wateree Proj ect No. 2232. The area affected by
the bridge replacement and road relocation is outside of the project boundary for the Bridgewater
Development of the Catawba-Wateree Project. Therefore, no permits will be required for the
activities you propose as long as they stay outside of the project boundary. -•
Please contact me at 704382-8587 if you have any further questions.
Sincerely,
iJ~~ ~_
Charles J Borawa
Senior Lake Management Representative
Duke Power, Group Environment, Health and Safety

Duke
/Powerw
AOrbrBe.g7 ~'^Y'•J
January 26, 2001
Ms. Stacy B. Harris, P. E.
NC Department of Transportation
Project Development and Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
Re: Replacement of Bridge No: 46 on SR 1223
Dear Ms. Harris:
Quke Power
52G South Church 5trnet
ro. soa 1006
Charlotte, NC 28201-1006
I have reviewed the three alternative plans for the replacement of Bridge No. 46 on SR 1223 and
would recommend the adoption of Alternative 3. I am assuming the old. bridge will be removed
along with the bridge abutments.
The joint development of the fishing pier and other facilities between the NCWRC and Duke
was done to ,,,ini*r-i~p the public parking along the shoulders of SR 1223. What type of
restrictions will be proposed for the east end of the bridge to minir~e the parking and use of the
land between SR 1223 and the river other than the guardrails? The installation of the
straightened roadway and bridge will probably lead to increased vehicle speed along the road.
Every effort should be made to limit or prohibit parking along the east end of the bridge since
there is adequate parking on the west side of the river at the Bridgewater Fishing Area.
Another question is if the NCDOT will continue to maintain the road from the Bridgewater
Fishing Area to the west end of the new bridge?
'T'hank you for the opportunity to comment on the replacement bridge on SR 1223.
Sincerely,

1
Charles J. Borawa
Senior Lake Management Representative
Duke Power, Group Environment, Health and Safety.

Duke
~Power~,
ADwM Energy G'"M7
October 26, 2000
Ms Yvonne Howell
Earthtech
701 Corporate Center Drive, Suite 47 J
Raleigh, NC 27607
Re: Bridge below Bridgewater Hydro
Dear Ms Howell:
Duke Power
526 South Church Street
P.O. Box 1006
Charlotte, NC 28201-1006
In response to your phone call concerning the replacement of the bridge directly below the
Bridgewater Hydro Station on Powerhouse Road, I have included a map showing the land in the
Bridgewater Fishing Access. As I mentioned the site is under an agreement with the North
Carolina Wildlife Resources Commission (NCWRC) and they built the paved parking lot and
wooden fishing pier. The NCWRC point of contact is Gordon Myers (919-733-3633 ext. 276) at
1721 Mail Service Center, Raleigh, NC 27699-1721.
Please send us information concerning the location of the proposed new bridge location as soon
as possible so we can see how it will affect the public recreation facilities. Under a Federal
Energy Regulatory Commission (FERC) license, Duke is required to provide public recreation
opportunities at it's lakes. The Bridegwater Fishing Access is one of the facilities that helps to
meet those requirements.
Please use me as your current point of contact with Duke Power.
Sincerely,
~l~ /.,
Charles J. Borawa
Senior lake Management representative
Group Envvronment, Health and Safety
Cc: Gordon Myers
Don Cofer
Mark Oakley

STATE OF NORTH CAROLINA
COUNTIES OF ALEXANDER, BURKE, )
CgLDWELL, CATAWBA, FORSYTH, )
GASTON, IREDELL, LINCOLN, )
MCDOWELL, MECKLENBURG, AND }
STOKES )
PUBLIC ACCESS AREA
AGREEMENT
THIS PUBLIC ACCESS AREA AGREEMENT (Agreement) is made this 30th
day of March 2000, between DUKE POWER, A DNISION OF DUKE ENERGY
CORPORATION, a North Cazolina Corporation ("Grantor"), and the North Cazolina
Wildlife Resources Commission (NCWRC), an Agency of the State of North Carolina
("Grantee");
WITNESSETH:
WHEREAS, Grantor has been licensed by the Federal Energy Regulatory
Commission (FERC), to operate the Catawba-Wateree Project (License Number 2232),
which impounds the waters of the Catawba River, including Lake James, Lake Rhodhiss,
Lake Hickory, Lookout Shoals Lake, Lake Norman, Mountain Island Lake and Lake
Wylie inNorth Carolina; and,
WHEREAS, Grantor owns and operates Belews Lake, which is an unlicensed
industrial cooling pond on Belews Creek at the intersection of Stokes, Rockingham,
Forsyth and Guilford Counties; and,
WHEREAS, Grantor owns the tracts of land, here-in-after referred to as "Public
Access Areas", the names, acreage and boundaries of which are shovsm in Exhibits A and
B attached hereto, adjacent to the aforementioned lakes which provide access for public
recreation purposes; and,
WHEREAS, Grantor desires to lease a portion of the Public Access Areas shown
in Exhibits A and B, to state and local governmental agencies, commercial vendors or
other interested parties, through its "Access Area Improvement Initiative", which is
designed to ensure the development and maintenance of a variety of high quality
recreational opportunities for the general public; and,
WHEREAS, the Grantee agrees to: (1) enforce the laws of the State of North
Carolina far which it is responsible and its own regulations on ail parts of the Public
Access Areas wluch are the subject of this Agreement; and (2) operate and maintain the
Public Access Areas shown on Exhibits A and B, except for those portions of the Public
Access Areas that have been leased by Grantor to another entity; and,
3/3/2000 Pa=e 1 NC~NRC Agreement fINAL2-2..duc

WHEREAS, Grantor has agreed to pay Grantee $125,000 annually for the
maintenance of the Public Access Areas which are the subject of this Agreement and
Grantee will make available for improvements on the Public Access Areas on an annual
basis a rnin;rnum of $125,000 for capital improvements on a matching fund basis, with
matching fiuiding sources coming from but not limited the following sources: (1)
Grantor, (2) a state or local agency or other governmental agency, (3) a third party lessee,
or (4) donation from an individual.
NOW, THEREFORE, the parties enter into the following Agreement, subject to
the exceptions and reservations and upon the terms and conditions and for the purposes in
this instrument set out, for the portions designated as being maintained by the Grantee on
the Public Access Areas, shown on Exhibits A and B of this Agreement.
1. Term: This Agreement shall become effective as soon as signed by the
parties hereto and shall remain in force until it is terminated by either party or on its
expiration date of August 31, 2008, whichever comes first. Except, however, this
Agreement maybe renewed after the termination date, but Grantor shall not be obligated
to renew.
2. Previous Agreements: This Agreement will supersede all prior existing
agreements between Grantor and Grantee for any or all of the Public Access Areas
contained in this Agreement, and all such Public Access Areas are now subject to and
controlled by the terms and conditions of this Agreement.
3. Public Use of Facilities: Grantee will allow any recreation user of any
leased portion of the Public Access Areas to cross and use the portion of the Public
Access Area under control of Grantee, for the purpose of viewing the lake or any other
lawful recreation activity.
4. Law Enforcement: Grantee has the responsibility under this Agreement to
enforce the laws of the State of North Carolina for which it is responsible and to enforce
its own regulations, on all portions of all Public Access Areas listed in Exhibits A and B,
except those portions of the Public Access Areas that have been leased to another party.
5. Wildlife Protection Access: Grantee, its agents and assigns shall have the
rights of ingress and egress upon all of the Public Access Areas of Grantor designated on
Exhibits A and B, at any and all times for the protection and propagation of wildlife.
6. Annual Coordination Meetine: At least once each year, Grantor and
Grantee will meet, during the period of January to March, to discuss and coordinate
future development plans for improvements to the Public Access Areas. Proposed
improvements will follow the plan and schedule agreed upon in the most recent version
of Duke Power's Shoreline Management Plan, unless bath Grantor and Grantee agree to a
proposed revision to the plan and schedule. Potential projects for joint funding in any
given year will normally be presented and discussed during the previous year's
Coordination Meeting, with a final decision made not later than June of the year before
3/3/2000 Page 2 NCWRC AgrCCment FINAL?-2].doc

construction is to be initiated. Additional topics for the Coordination Meeting may
include any proposed changes in operating hours or the implementation or modification
of any user fees. Decisions on projects, operating hours and user fees must be acceptable
to both Grantor and Crrantee in order to be implemented.
7. Joint Inspection: Grantor and Grantee will perform an annual joint
physical inspection of each of the Public Access Areas included in this Agreement, to
insure the Public Access Areas are being maintained in a safe manner and to the levels
mutually acceptable to Grantor and Grantee.
8. Cost-Share: Grantor has agreed to pay Grantee a $125,000 per year fee
to maintain the access areas that are the subject of this Agreement. In return for this
annual fee, Grantee has agreed to provide a minimum of $125,000 per year toward capital
improvements on Public Access Areas, provided that matching monies are available on a
50-50 match basis. Matching funding can come from numerous sources, including but
not limited to (1) Grantor, (2) a state or Iocal agency or other governmental agency, (3) a
third party lessee, or (4) donation from ari individual. That portion of the funding
provided for capital improvements to match Grantee's funds may only be utilized for
improvements that directly benefit boating access users or bank fishing persons. The
annual cost-share amount can exceed $125,000 if the Grantee has additional funds
available for improvements to the Public Access Areas. Further, to insure Grantee retains
the potential to utilize "U.S. Fish and Wildlife Sportfish Restoration Funds", the source
of matching funds shall nat be a federal government source. A11 capital improvements,
constructed with these matching funds, that are not located within the physical boundaries
of the Grantee managed portion of the Public Access Area, must remain accessible and
free of charge to boating access facility users and far bank fishing persons for the
duration of this Agreement. The Grantee's portion of the matching funds will normally
be paid via check to Grantor (or the. adjacent lessee if the adjacent lessee's funds are
being matched) and not later than December 1 of the calendar year within which the
capital improvement was completed. The dollar equivalent for materials and labor may
on occasion be accepted from either party in lieu of an actual dollar payment, but such
acceptance will be project dependent aad must be determined, in writing, prior to
initiation of any work on the capital improvement being funded.
9. Improvements: Grantee shall have the right to make additions or
modifications to its facilities at the Public Access Areas, to change operating hours of
such facilities and to implement or modify user fees not inconsistent with the purpose of
the Public Access Areas. Grantee shall submit such requests in writing to Grantor and
shall receive written approval from Grantor prior to initiating any work or instituting
changes to the hours or user fees within the Public Access Areas. Additions to or
modifications of any facilities will require the submittal of detailed plans, including but
not limited to construction plans and elevation drawings. Major additions or
modifications will typically require review by other entities and may require FERC
approval.
3/3/Z000 Page 3 ~'C\\rRC Agreem¢nt FIi~AL2-1].doc

10. Major Repair Costs: When major "non-routine" repairs or replacement
projects become necessary, Grantor and Grantee will combine their available resources,
as necessary to make such repairs, including the above mentioned cost-shaze funding.
Further written approval by both parties must be obtained prior to work being initiated.
Major "non-routine" repairs may include, but aze not limited to replacement of a pier,
boat ramp, road, or parking lot.
I1. Termination: This Agreement or any part thereof may be terminated by
either party upon three (3) months written notice to the other. Grantor may terminate this
Agreement at any time if directed to do so by the FERC or its successor agency having
jurisdiction over hydroelectric reservoirs that aze subject to the Federal Power Act. Upon
termination or expiration of this Agreement, Grantee shall have the right to remove any
and all buildings, apparatus and materials supplied by them for the purpose of this
Agreement for a period of ninety (90) days. If Grantee shall not have removed its
personal property, any remaining buildings, apparatus or materials shall become the
property of the Grantor.
12. Amendments: Amendments to this Agreement may be proposed by either
party upon thirty (30) days written notice to the other, and such amendments shall
become effective, if agreed upon by both parties and shall become effective on the date
such Amendment is signed by the parties hereto.
I3. Transfer or Assignment: Grantee nzay not transfer or assign this
Agreement to any other party or entity.
14. Changes to Public Access Areas: Grantor reserves the right to move, alter
or change the location, boundaries or layout of any Public Access Area or private road
access to any Public Access Area, wherever and whenever it shall become necessazy in
order to insure full public utilization of the area or to prevent any noxious or offensive
use of any area, or whenever the land then occupied by such Public Access Area or road
is necessary to the operations of Grantor. In the event the relocation of any Public Access
Area becomes necessary, Grantor will notify the Grantee and will attempt to relocate the
affected Public Access Area on land owned by Grantor and at a location satisfactory to
the Grantee. Grantor may add, remove or close all or any portion of any Public Access
Area, at any time, after notifying the Grantee of the proposed action.
15. Compliance with Federal, State and Local Laws: Grantee agrees that its
use of the subject premises as herein provided will be consistent with all FERC orders
and regulations regarding recreational opportunities and development at licensed projects,
and all other applicable state, federal and local laws as well as all ordinances, rules,
regulations and sanctions of any regulatory body or governmental agency (state, federal . _
or local) having jurisdiction in the subject premises, and Grantee's use of the aforesaid
subject premises will comply with all applicable Duke Power Lake Management
requirements and will not endanger health or safety, create a nuisance or otherwise be
incompatible with the overall recreational use of the FERC Project No. 2232 and Belews
Lake.
3/3/2000 Pale 4 \C\~ItC Agreemcn~ FINAL2-23.duc

16. Notice of Changes to Design or Operation: Grantor will notify Grantee in
writing of all new orders issued by the FERC or any other applicable agency having
jurisdiction over the subject premises that in any way affect the design and/or use of the
Public Access Areas which are the subject of this Agreement.
17. Response to Increase in Recreation Use: Grantor will in good faith, for the
lakes aforementioned of the Catawba-Wateree Hydro Project, endeavor to accommodate
future increases in public recreation use of the lakes by arranging for the expansion of the
Public Access Areas which are the subject of this Agreement or by arranging for new
and/or replacement public recreation facilities on lands that are or may become available
for such purposes and when such land areas are consistent with tht Shoreline
Management Plan and/or the operation of Grantor's business.
18. FERC License Conflicts: Except for the Belews Lake Public Access
Areas, this Agreement is subject to the terms and conditions of the license issued by the
FERC for the Catawba-Wateree Hydro Project. In the event of any conflict between the
terms and conditions ~of this Agreement and the terms of the license, it is agreed that the
terms of the license shall prevail.
19. Reservation of Use: The right to use the Public Access Areas which are
the subject of this Agreement for project purposes and for any other purpose consistent
with Grantor's business operations is hereby reserved to the FERC project licensee, its
successors and assigns.
20. Reservation of Authority: No terms or conditions herein contained shall
be construed as limiting or affecting in any way the authority of Grantor in connection
with its exercise of proper protection and administration of the Public Access Areas or its
FERC license, except NCWRC's responsibility for game and fish conservation.
21. mat Launching Facilities: Grantor will provide public boat launching
facilities for the Public Access Areas, where such facilities are shown on Exhibit A and
Exhibit B, for the duration of this Agreement. Should relocation or replacement of public
boat launching facilities be required for any of the Public Access Areas that aze the
subject of this Agreement, the major repair cost measures defined in Item 10 will be
implemented to determine the funding for such relocation or replacement.
22. i a e: Grantor will provide all information, entrance and regulation
signs as required by the Grantor's FERC License and Grantee will erect and maintain all
said signs.
23. Boundar~gna~e: The Grantee will demazcate the boundaries of each
Public Access Area contained within this Agreement with NCWRC approved signs.
3/3/2000 P2ge 5 NCWRC Agreement FINALZ-23.duc

24. Fire Protection: In the event of a fire within or threatening to the lands or
facilities of any of the Public Access Areas which are a part of this Agreement, Grantee
agrees to assist Grantor with the protection of the Public Access Area against such fire.
25. 1Vlaintenance; Grantee shall provide routine maintenance and repairs at all
the Public Access Areas which are the subject of this Agreement, including but not
limited to those items specified in `a' through `o' below.
a. Entrance Road: Entrance roads are to be maintained in a safe, open and
clear condition and repaired on an as needed basis to ensure roads maintain a good
quality surface and drainage. Repairs may include, but are not limited to: repairing
asphalt and maintaining gravel drives clear of ruts by grading and/or adding stone,
keeping side ditches, water bars and culverts clear of water flow impediments,
painting lines, and repairing guazdrails.
b. Parking Lots and Turnarounds: Parking lots and trrnazounds are to be
maintained in a safe condition and repaired on an as needed basis to ensure good
drainage. Repairs may include, but are not limited to: repairing asphalt, repainting
faded lines and letters, painting new lines and letters as needed, repairing curbing,
applying asphalt sealer, maintaining gravel.parking lots clear of ruts and ensuring
proper drainage by grading and/or adding stone, keeping all azeas clear of debris,
weeds and grass.
c. Piers and Docks: Any piers and docks provided are to be maintained in
a safe condition and repaired on an as needed basis to ensure user safety. Repairs
may include, but are not limited to: replacing broken or defective parts, replacing
broken or loose pilings, replacing defective floats, insuring pier sections remain
attached to each other, maintaining stone level azound pier abutments and ramps,
insuring nails and fastening devices are flush with pier surfaces, ensuring boat
bumpers provided remain in sound condition, and maintaining handrails free of any
rough or sharp areas.
d. boat Launch Ramps: Boat Launch ramps are to be maintained in a safe
condition and repaired on an as needed basis to ensure user safety. Repairs may
include, but aze not limited to: keeping boat ramps clear of debris and silt or any
items that could hinder boat launching, maintaining stone at a sufl:icient level along
edges and ends of ramps, and repairing any holes in ramps.
e. Arainage Control Devices: All drainage control devices provided on site
aze to eliminate erosion problems and are to be maintained in a safe condition and
repaired on an as needed basis to ensure good drainage. Repairs may include, but , _
are not limited to: correcting any erosion problems and keeping drainage ditches
and culverts clear of all debris, trees and other drainage impediments.
f. Access Area Shoreline: The entire access area shoreline is to be
maintained in a safe condition and repaired on an as needed basis to ensure safety of
/;/z000
Paoe G NCWRC Agreement FINAL2.23.Juc

<<
recreation users and keep erosion under control. Repairs may include, but aze not
limited to: maintaining or adding erosion control materials and removing brush or
trees that threaten to displace erosion control materials or that may threaten the
integrity of the bank.
g. Dead or Diseased Tree Removal: Remove all dead or diseased trees or
trees and Iimbs that have fallen on the Public Access Area that are, impeding use or
maintenance of the azea
h. Tree 1Vjaintenance: Ensure that all trees bordering parking areas, roads
and/or walkways do not block driver vision, do not interfere with the movement of
pedestrians, vehicles and boats on the roads or in parking areas, and do not impede
mowing and maintenance of the Public Access Area. Trim any trees that may block
vision or interfere with vehicle and boat movement or that have dead limbs that
could injure recreation users if they fall. .
i. Trash Removal: When trash receptacles are placed in Public Access
Areas, ensure that such receptacles aze maintained in a safe and sanitary condition
and are adequate to handle the volume of debris normally disposed of in the area.
All trash receptacles should be emptied weekly or more often so that the
accumulation of trash/refuseljunk does not present a safety or health hazard in the
Public Access Area. Heavily used Public Access Areas may require more frequent
trash removal and frequency of trash removal may need to be increased during peak
recreation seasons and on weekends. All trash should be removed from the grounds
before mowing. Additionally, all refuse and trash that has been scattered around the
Grantee managed portions of the Public Access Areas should be removed on a
weekly basis or as often as needed to ensure a safe and hazard free area.
j. Grrass and Ground Cover: Ground cover, be it shrubs, grass, or mulch,
will be provided throughout the Public Access Areas and should be maintained in a
safe, environmentally sound, and aesthetically pleasing condition. Mulch and/or
grass areas should be maintained at a height of not less than three (3) inches or more
than eight (8) inches. When grass is provided, it is to be mowed to the ditch or tree
line along roadways, to the tree line around parking lots and to the tree line in open
areas. Mowing an additional four (4) feet (or one mower width of at least three [3]
feet) on the opposite side of the ditch line shall be done in May, August and
November to keep the growth in check.
k. Use of Herbicides: Environmentally acceptable herbicides approved by
the Environmental Protection Agency and/or the North Carolina Department of
Agriculture maybe utilized in Public Access Areas on an as needed basis to control
unwanted vegetation in driveways, parking lots, turnazound areas, designated foot
paths, stabilized shoreline azeas and on boat ramps. Herbicide maybe applied to the
first 6 (six) inches of grass around the edges of the parking lots, tunlazounds and
roads and around the signposts, trash can pads, light poles and culverts to minimize
the amount of trimming needed.
3/3/Z000 Page 7 NCWRC Agreenunt F[NA11-23.doc

4 J .. . .. ..... .
1. Use of Fertilizer: Use of fertilizer in the Public Access Areas is
permitted on a seasonal and as needed basis. Public Access Areas should be
fertilized twice per year or at the times recommended and with the type of fertilizer
recommended for the type of material planted and being treated.
m. Use of Grass Seed: Use of grass as a ground cover in Public Access
Areas is permitted. The timing of, preparation for and application of grass seed will
be dependent on what is recommended for the type of seed being applied in the area.
n. Si~aae: All signage provided on the Public Access Area must be
maintained in safe and readable forni.
o. Ligt~h_ng and Utility Lincs: Any lighting provided within the Public
Access Areas must be installed to current building and electrical code requirements
and maintained in a safe manner. The Grantee will assume all costs associated with
any lighting and its maintenance provided at a Public Access Area, including but
not limited to payment of power bills. To the maximum extent practicable, new or
modified utility lines and/or boating facilities should be designed so that overhead
utility lines do not cross boat access roads, access parking lots, turn-around areas, or
launch ramps. Any overhead utility lines that have no other practical alternative to
being within the areas defined above, must be designed with the height clearances
required by the National Electric Safety Code or any other applicable electrical
safety codes, whichever is the most restrictive and provides for the greatest height.
26. j,eases of Portions of the Public Access Areas: Grantor has the right to
lease portions of the Public Access Areas to state or local agencies, third parties or
individuals for the provision of additional public recreation facilities and the terms of this
Agreement will become a part of the lease on other portions of the Public Access Area,
subject to the approval of all parties. The portion of the Public Access Area which is the
subject of this Agreement with the Grantee, as shown on the Public Access Area Plats in
Exhibits A and B, will be excluded from the lease with any other agency, third party or
individual.
27. Enter by Additional Lessees: Grantor has the right to lease portions of the
Public Access Area, beyond that portion of the area maintained by the Grantee and such
Additional Lessees, its agents and representatives, at all reasonable times may enter, cross
and use the portion of the Public Access Areas maintained by the Grantee, for the purpose
of installing and maintaining utility lines, roads and trails according to the previously
approved facilities improvement plan for the Public Access Area.
28. Utility Easement: Grantor reserves an easement to build, construct, maintain
and operate electric distribution/transmission lines on, over, along and above the leased
premises. Grantor also reserves the right, privilege and easement to erect, construct, reconstruct,
replace, maintain and use towers, poles, wires, crossanns and other appliances and fixtures for
the purpose of transmitting or distributing electric power, for said Grantor's communication
purposes, and for any other purpose consistent with Grantor's business operations, together with
3/3/2000 Page S NCWRC Agreement ~INAL3-21.doc

t~ J
the right to keep said lines, appliances, and fixtures free of structures, trees and other
objects that may endanger or interfere with same.
29. Floodu1rr: Grantor reserves the unlimited right to back ar flood the
waters of the Catawba River and its tribirtaries from time to time and at any and all
dines over and upon the leased premises or any portion of the same, to such extent the
flooding may be necessary or convenient in connection with the practical operation of
its hydroelectric power plants located or to be located in the future upon the Catawba
River. Grantee agrees that any damage it may suffer as a result of such flooding shall
not be claimed or charged against Grantor. Grantee hereby waives all claims against
Grantor for damages resulting from floods that may occur on the Catawba River or any
tributary thereof.
30. FERC Project Restoration: Grantor shall be m~der no obligation to
Grantee to maintain or contuiue to operate the Project and should said Project be
damaged, destroyed or removed, the Grantor shall be under no obligation to restore or
rebuild seine, acid Grantee hereby waives all claims against Grantor for damages to or
destruction or removal of the Project.
31. User Fees; User fees on that portion of the Public Access Area
contauied in this Agreement and under control of Grantee, may only be charged under
the following conditions:
a. Review Process: At least sixty (60) days prior to implementation of
the user fees, all parties will be provided with a copy of the proposed fee
schedule and a written proposal describing how the fees will be collected and
how the proceeds will be distributed and utilized. (Note: As a general rule,
proceeds from the user fees should be equitably shared among the parties
considering the site uses to which the fees apply and the relative proportion of
each party's operating and maintenance expenses for those applicable site uses.)
b. Prior Written Approval Required: The user fees will not be
implemented until written approval has been received from all involved parties.
c. Review of User Fees: User fees established for the Public Access
Areas on the lakes of the Catawba-Wateree Hydro Project or Belews Lake must
be a reasonable and customary amount and the user fees proposed or established
for the Catawba-Wateree Hydro Project Lakes aze subject to review and
approval by the FERC to ensure license compliance.
d. Exemptions from User Fees: Grantor's employees, Grantee's
employees, third party Lessee employees, local law enforcement officials, local
environment and public health officials, and local emergency response crews, or
any other official operating in his/her official capacity will be exempt from these
user fees.
32. Indemnity: Grantee, to the extent allowed by applicable North Carolina
la«~. spzcifically as may be authorized by the General State of North Carolina, Article
31. Chapters 1~3-?91, entitled ``Tort C'Lainis Against State Departments and Agencies",
covenants to indemnify and save hai7nless Grantor from and against any and ali claims.
33/2000 Page 4 NCH'RC Aereemont FINAL2-33.doc

liability, loss or damage, arising from any conduct, work or thing done under the terms of
this Agreement, to include injury or damage to any person or persons, including Grantor,
or to the property of any person, or persons or corporations occurring on or within the
Public Access Areas which are the subject of this Agreement, as the result of any activity
of Grantee, its agents, employees, or any other person or entity under the direction of the
Grantee, and for any protection, mitigation and enhancement measures or activities
required by FERC or its successor agency in connection with the activities conducted by
Grantee hereunder. Upon the State of North Carolina (State) contracting with an entity
for the purpose of constructing any facilities on the Public Access Areas that aze the
subject of this Agreement, Duke Power, a division of Duke Energy Corporation shall be
named as an insurad or an additional insured on a policy of insurance covering the scope
of such activity prior to the commencement of any activity by the State, its agents or
contractors. Any contractor or subcontractor performing work on property that is the
subject of this easement shall have in place prior to commencement of any activity and
during the performance of any activity, the .following types of insurance and coverage
limits:
*General Liability Coverage -- Two million dollars per occurrence
*Auto Liability -- one million dollazs per occurrence
*Workers Compensation within statutory limits
*Employers Liability -five hundred thousand dollars each accident
*Contractor's Pollution Liability Coverage -- one million dollars per occurrence
33. Limitation of Liability: Grantor and Grantee agree and warrant that any
and all work performed within the Public Access Area will be performed with
professional thoroughness and using acceptable standard business practices. Grantor's
total cumulative liability to Grantee for claims of any kind whether based on contract, tort
(including negligence and strict liability and excluding willful misconduct), under any
warranty or otherwise, for any loss or damage relating to this Agreement, shall in no case
exceed the cost of completing the work in accordance with acceptable business practice,
and Grantee releases Grantor from all further liability in excess of this amount for any
work performed under this Agreement. Grantee further releases Grantor from any and all
liability resulting from any injury of any employee of Grantee or anyone performing any
service at the direction of the Grantee on the Public Access Area, excluding any acts of
willful misconduct of the Grantor.
Neither party shall be liable, whether based on contract, tort (including negligence and , .
strict liability), under any services or work performed relating to this Agreement, for any
consequential, indirect, special, or incidental loss or damage, any damage (except to the
extent damage resulted from willful misconduct) to or loss of any property of equipment.
3/3/2000 Page IO NCW[~C A~rcement FlNAL2-33.duc

~,
This limitation of, or protection against liability shall also protect directors, officers,
employees, agents, consultants, suppliers, subcontractors, and affiliated entities and their
directors, officers, employees, agents, consultants, suppliers, subcontractors, parents,
subsidiaries and affiliates of the Grantor and shall apply regardless of the fault (excluding
willful misconduct), negligence or strict liability of the respective party.
Grantee waives and will require its insurers to waive all rights to recovery and claims of
any kind, including rights and claims to which its insurers or another maybe subrogated,
against Grantor arising out of damage to, loss of or loss of use of any of Grantee's
property, located on the Public Access Area, whether based on contract, tort (including
negligence and strict liability), under any warranty or otherwise. These waivers are
effective as to all damages to, losses or losses of use of property arising out of or relating
to this agreement or deficiencies in the services provided hereunder and Grantee hereby
covenants that no such action or claim shall be brought by or through Grantee on any
theory whatsoever. In the event Grantee or its insurers recover damages from a third
party for losses or damages to which the foregoing waivers apply, Grantee shall
indemnify and hold Grantor harmless against any liability for any such losses or damages
which said third party recovers from Grantor and any expenses (including attorney fees
and other cost of investigation and defense) related hereto.
The limitation of liability in this provision shall apply notwithstanding any other
provision of this Agreement.
34. u 'val: Provisions of this Agreement for Termination #11,~ Limitations
of Liability #33, Survival #34 and the indemnification provision of this Agreement shall
survive the termination or cancellation of this Agreement and shall remain in effect.
35. ~ce : Wherever in this Agreement it shall be required or penmitted that
notice be given by either party to this Agreement to the other, such notices must be in
writing and must be given personally or forwarded by certified mail addressed as follows:
To Grantor: Duke Power, a Division of Duke Energy Corporation
Attn: GEH&S, Environmental Engineering, Lake Management
EC12Q
P.O. Box 1006
Charlotte, NC 28201-1006
To Grantee: North Carolina Wildlife Resources Commission
Division of Engineering Services
Attn: Division Chief
1720 Mail Service Center
Raleigh, NC 27699-1720
IN WlTI`tESS WHEREOF, the parties hereto have caused this instrument to be e,cecuted
this the day and year fast above written.
3/3/2000 Page I1 l~C\V RC Agrecmcnt FINAL2-23.doc

ATTEST:
Assistant Secretary
ATTEST:
s-~"-'
Secretary
STATE OF NORTH CAROLINA
COUNTY OF
DUKE POWER, A DIVISION OF
DUKE ENERGY CORPORATION
G~-~,, '~ ~ ~ a
By
Curtis Davis, Senior Vice-President
Power Generation Division
STATE OF NORTH CAROLINA
Byr~,~~ ~'
Executive Director
NC Wildlife Resources Comnssion
I, ~~ .- s. ~~, ~ s.S , a Notary Public for the above State and Counties, hereby
certify that Curtis Davis personally came before me this day and aclmowledged that he is Senior
Vice-President, Power Generation Division of DUKE POWER, a Division of DUKE ENERGY
CORPORATION, a corporation, and that by authority duly given and as the act of said corporation,
the foregoing and annexed instrument was signed in its name by Curtis Davis, its Senior Vice-
President, Power Generation Division, sealed with its corporate seal and attested by
6~e,~k~~-c.,rts~on _ himsclf/herself as its Assistant Secretary.
WTINESS my d and official seal, this the ~Q_ day of 2000.
N _ 4~
f Notary Public
My Commission Expires: 10 - I "l - a ~O
[NOTARIAL SEAL]

3/3/2000
Paje 12
NCWRC Agreement FINAL?-~3.doc

STATE OF NORTH CAROLINA
COUNTS-' OF ~~_
I, ,~,v1.-~ (.~~.,111-~°,~~, a Notary Public for the above State and Counties, hereby
certify that .Cl.~,~,n[Got~'~~IIESt~arL- personally came before me this day and aclrnowledged
that he is Executive Director of the North Carolina Wildlife Resources Commission, and that by
authority duly given and as the act of said .A.gency of the State of North Carolina; the foregoing and
annexed instrument was signed in its name by C.k4pr~LFis Q. t-.~1t~ooo its
~vr..~~e, 'bi2~c.-rc~. sealed with its corporate seal and atttstod ~ by
1.,~12.~x~N S. YV11 FIRS _ __ _ __ aS lt5 _FjoA'flfJ ~_ ~4~C.--1L~ M I~DVV11 n! ~C'[YL.Ih'i'OTL-
WITNESS my hand and official seal, this the _,~ day of ~~_, 2000.
c~:7~~Eh(a71X~1 ~-~Gccc.lJ
Notary Public
My Commission Expires: ~t~J.cUJ ~6. vl DD l '
[NOTARIAL SEAL]
3/3/?000 Page 13 NCWRC Agrccment FINAL2-23.duc

ASSISTANT SECRETARY CERTIFICATE
I, Sue C. HarringtonAssistant Secretary of Duke Power, a Division of Duke
Energy Corporation, do hereby certify that the following is a true and correct excerpt of a
Resolution adopted September 22, 1997, by the Management Committee of the Board of
Directors of Duke Energy Corporation, and that said quoted Resolution has not been rescinded or
amended: '
FURTHER RESOLVED, That Curtis Davis the Senior Vice-President of
the Power Generation Division, be and hereby is authorized, to execute any
contract, lease, deed or other instrument relating to real property without further
action or approval by the Board of Directors of this Committee when deemed by
said Senior Vice-President to be necessary or desirable in the operation of the
Company's business, subject, however, to a monetary limit of $1,500,000.00
consideration or value in any single transaction, and to execute such documents
in any such transaction which is approved by a resolution of this Committee.
FURTHER RESOLVED, That the Secretary or any Assistant Secretary
be and hereby is authorized to attest and affix the Corporate seal to any
contracts, leases, deeds or other instruments executed under authority of this
resolution and may execute any certificate that may be required to certify the
incumbency and authority of the officer or manager executing such documents.
I further certify that on March 30 , 2000, Curtis Davis was the Senior
Vice-President, Power Generation Division, and by reason of holding said position and
pursuant to the above quoted Management Committee's Resolution, had full authority to
represent and act on behalf of Duke Energy Corporation with respect to the execution of
an Agreernent between Duke Power, a Division of Duke Energy Corporation and the
North Carolina Wildlife Resources Commission for lands located in the Counties of
Alexander, Burke, Caldwell, Catawba, Forsyth, Gaston, Iredell, Lincoln, McDowell,
Mecklenburg and Stokes, North Cazolina and to execute on behalf of Duke Power, a
Division of Duke Energy Corporation all documents and instruments relating in any way
thereto.
WITNESS my hand and official seal of said Company this 30th day of March ,
2000.
Assistant Secretary
3/3/2000
Page 14 NC\V RC Agreement f'I~AL?-33.duc

EXHIBIT A
NORTH CAROLINA PUBLIC ACCESS AREAS
NCWRC HAS MA(NTENANGE AND ENFORCEMENT ROLE
LAKE JAMES ACRES
LINVILLE 180.28
BRIDGEWATER FISHING AREA 39.81
BLACK BEAR 163.84
LAKE RHO~,}iSS
CASTLE BRIDGE
47.68
CONLEY CREEK 67.9.1
JOHNS RIVER 1.8
HUFFMAN BRIDGE 2.32
RHODHISS 126.93
LAKE HICKORY.
GUNPOWDER
13.32
LOVELADY .44.1
WITTENBURG 13.09
DUSTY RIDGE (1) 78.96
OXFORD 52.88
NOTES:
(1) Leased by Dusty Ridge Rec. Park Inc.
LO OUT SHOALS LAKE
LOOKOUT 30.28
SHARON 8.79
ACRES
MARSHALL FISHING AREA 2
LONG ISLAND 28.81
PINNACLE 9.36
MCCRARY CREEK 21.24
STUMPY CREEK (2) 83.6
HAGER CREEK 28.25
LITTLE CREEK 7.94
BEATTY'S FORD 23.66
MCGUIRE FISHING AREA 2
ISLAND POINT (undeveloped) 128.28
SLANTING B~R9IDGE (undeveloped) 12.59
BUFFALO SHOALS (undeveloped) 10.76
NOTES:
(2) Leased by Iredell County
REV: 2 Page 1 3/3/00

EXHIBIT A
NORTH CAROLINA PUBLIC ACCESS AREAS
NCWRC HAS MAINTENANCE AND ENFORCEMENT ROLE
MOUNTAIN ISLAND LAKE
NECK ROAD 6.1
RIVERBEND 24.41
MOUNTAIN ISLAND TAILRACE 38.15
I_AKF V1/Yl_IE
ALLEN FISHING AREA 20.98
SOUTH POINT 70
RFI EWS 1 AKF
PINE HALL 67.9
PINEY BLUFF 93.1
~.
REV: 2
Page 2
3/3/00

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i r
Wiled States
apartment of
USDA
gricuiture
l
t '-- May 10, 2000
~ ~ Lam'' ~ ~ ~
ura
a
esources
Ms. Stacy Harris, P. E. .
D
onservation Project Development & Environmental Analysis Branch
t
entice NC Department of Transportation ~~~ ~ ,:
405 Bland Rd. P. O. BOR 25201 f~
Butte 2os Raleigh, NC 27611-5201 ~~~.
/ R
:sleigh, NC z76o9 ALEIGH
~1s) 673-234 Dear Ms. Harris:.
Thank you for the opportunity to provide comments on the following:
1. B-3419, Burke County, North Carolina, Replace Bridge No. 46•on SR 1223 over the Catawba
• River, •
2. B-3343, Haywood County, North Carolina, Replace Bridge No. 48 on SR 1318 OVER
Hemphill Creek;
3. B-3310, Buncombe Coin, North_Carolina, Replace Bridge No. 145 on SR 2173 o_v_er
., The Natural Resources Conservation Service does not have any comments at this time.
Sincerely,
~ __ u ~ l
Mary T. Kolls
State Conservationist
The Natural P.esources Conservation Service works hand-In-hand with the
Artxriwn people Io conserve natural resources on private land AN EQUAL OPPOP.TUNITY EMPLOYER

~-3~-t ~ q
United States Department of the Intei-i
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 23301
May 17, 2000
Mr. William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear NIr. Gilmore:

H /RALEIGH
According to your letter of Apri118, 2000 (received Apri128, 2000), the North Carolina
DeparEnient of Transportation is proposing the following three bridgo replacement projects:
• B-3419; replacement of Bridge No. 46 on SR 1223 over the Catawba River,
Burke County, North Carolina (our Log Number 4-2-00-180)
• B-3343; replacement of Bridge No. 48 on SR 1318 over Hemphill Creek,
Haywood County (our Log Number 4-2-00-181)
B-3310; replacement of Bridge No.145 on SR 2173 over Dillingham Creek,
Buncombe County,(our l;o~ Number 4-2-00-182) ,.
As requested, we have reviewed the proposed projects and are providing the following comrients
in accordance with the provisions of Section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531-1543) (Act), and the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e). The Iega1 responsibilities of a Federal agency or its designated
non-Federal representative under Section 7 of the Act aze on file with the Federal Highway
Administration.
Enclosed is a list of species from Burke, Haywood, and Buncombe Counties that aze on the
Federal List of Endangered and Threatened Wildlife and Plants, as well as species of Federal
concern. Although our records for Haywood and Buncombe Counties indicate no known
locations of these species in the project areas, we recommend surveying each of the project areas
for these species prior to any further planning or on-the-ground activities to ensure no adverse
impacts occur to these species. Our records for Burke County indicate there is a known location
~AY25

of the federally threatened dwarf-flowered heartlea£ (Hexastylis naniflora) in the immediate
vicinity of Bridge No. 46. The plant occurs on the~upland just to the north of the river. If this
species occurs in the project area, additional consultation will be required. Additionally, there is
a historic record for a species of Federal concern--the brook floater (Alasmidonta varicosa)--from
a site nearby in the Catawba River. The project area for Bridge No. 46 should be surveyed for
these species to ensure they are protected from impacts.
Species of Federal concern are not legally protected under the Act and are not subject to any of
its provisions, including Section 7, unless they are formally proposed or listed as endangered or
threatened. We are including these species in our response to give you advance notification and
to request your assistance in protecting them if any are found in the vicinity of your projects.
The information that accompanied your letter concerning these projects related only to the
removal of the existing bridges. According to this information, there will be temporary fill
associated with two of the three projects. We recommend that this fill be m;n;m;~ed to the extent
possible and that no heavy equipment be operated in the stream channel. To maintain bank
stability, any cutting and removal of woody vegetation along the stream banks should be avoided
to the maximum extent possible. ~Ve also recommend removing any fill in the flood plain
associated with the existing structures. These areas should be returned to the natural elevation of
the flood plain to restore its natural function. Phis will m;n;rr,;tee the potential for stream-bank
and channel scouring that-may occur during storm flows as a result of any constriction of the
flood plain or stream channel associated with the existing structures.
As stated above, the information you provided addressed only the removal of the existing
bridges; no information was provided concerning the types of structures that, will replace the
existing bridges or what measures will be unplemented to m;nir-~+;~e the potential effects
associated with the new structures and their construction. We recommend that the existing
structures. be replaced with bridges. We recommend that each new bridge design include
provisions for the roadbed and deck drainage to flow through a vegetated buffer prior to reaching
-the-affected stream. _This buffer~hould belarge_enough~o~.lleviate~.ny.potentialsffects~rom_the
run-off of storm water and pgllutants The bridge designs should not alter the natural stream and
stream-bank morphology or impede fish passage. Any piers or bents should be placed outside '
the bank-full width of the streams. The bridges and approaches should be designed to avoid any
fill that will result in damming or constriction of the channel or flood plain. If spanning the flood
plain is not feasible, culverts should be installed in the flood plain portion of the approaches in .
order to restore some of the hydrological functions of the flood plain and reduce high velocities
of flood waters within the affected areas. We recommend that erosion- and sedimentation-
controlmeasures be in place prior to any ground-disturbing activities. Wet concrete should
never be allowed to come into contact with the stream.
We appreciate the opportunity to provide these comments. If you have any questions or
concerns, please contact Ms. Marella Buncick of our staff~at 828/258-3939, Ext. 237. We have

assigned each of these projects a separate Iog number; please reference these numbers in any
future correspondence concerning these prof ects.
Sin,~erely,
/~ ~ ~
~..~~.~
Brian P. Cole
State Supervisor
Enclosure
cc:
Mr. Mazk Davis, Mountain Region Coordinator, North Carolina Wildlife Resources
Commission, 20830 Great Smoky Mtn. Expressway, Waynesville, NC 28786
Mr. Bob Johnson, U.S. Army Corps of Engineers, Asheville Regulatory Field Office, 15I Patton
Avenue, Room 143, Asheville, NC 28801-5006 _
Mr. Roger Bryan, Division 13 Environmental Officer, North Carolina Department of
Transportation, P.O. Box 3279, Asheville, NC 28802
•• ~_ -

:'
ENDANGERED, THREATENED, AND CANDIDATE SPECIES
AND FEDERAL SPECIES OF CONCERN
BUNCOMBE, BURKE, AND HAYWOOD COUNTIES, NORTH CAROLINA
This list was adapted from the North Carolina Natural Heritage Program's County Species List. It is a
listing, for Buncombe, Burke, and Haywood Counties, of North Carolina's federally listed and proposed
endangered, threatened, and candidate species and Federal species of concern (for a complete list of rare
species in the state, please contact the North Carolina Natural Heritage Program). The information in this
list is compiled from a variety of sources, including field surveys, museums and herbariums, literature, and
personal communications. The North Carolina Natural Heritage Program's database is dynamic, with new
records being added and old records being revised as new information is received. Please note that this list
cannot be considered a definitive record of listed species and Federal species of concern, and it should not
be considered a substitute for field surveys.
Critical habitat: Critical habitat is noted, with a description,•for the counties where it is designated.
Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur.
However, projects may have effects on downstream aquatic systems in adjacent counties.
COMMON NAME SCIENTIFIC NAME STATUS
B1UNCOlvIBE coUNTY
Vertebrates
Southern Appalachian saw-whet owl
Bachman's sparrow
Bog turtle
Rafinesque's big-eared bat
Hellbendcr
Cerulean warbler
Eastern cougar
Carolina northern flying squirrel .~
Spotfin chub
Southern Appalachian red crossbill
Gray bat
Eastern small-footed myotis
Southern Appalachian woodrat
Southern Appalachian black-capped
chickadee
Longhead darter
Paddlefish
Southern water shrew
Southern Appalachian yellow-bellied
Aegolius acadicus
Aimophila aestivalis
Clemrnys muhlenbergii
Corynorhinus (=Plecotus) rafinesquii
Cryptobranchus alleganiensis
Dendroica cerulea
Felix concolor couguar
Glaucomys sabrinus coloratus
Hybopsis monacha
Loxia curvirostra
Myotis grisescens
Myotis leibii
Neotoma floridana haematoreia
Pares atricapillus practices
Percina macrocephala
Polyodon spathula
Sorex pal~stris punctulatus
Sphyrapicus varies appalaciensis
FSC
FSC*
T(S/A)'
FSC*
FSC
FSC
Endangered*
Endangered
Threatened*
.. -FSC •- -
Endangered* *
FSC
FSC
FSC
FSC*
FSC*
FSC
FSC
sapsucker
Appalachian Bcwick's wren
Invertebrates
Appalachian ~lktoc
French Broad crayfish
December 10, 1999
Thryomanes bewickii altos
Alasmidonta raveneliana
Cambarus reburrus
FSC*
Endangered
FSC
Page 1 of 4

COMMON NAME SCIENTIFIC NAME STATUS
Tawny crescent butterfly _
Diana fritillary butterfly
Vascular Plants
Fraser fir
Piratebush .
Cain's reedgrass
Glade sptrtge
Spreading avens
Mountain heartleaf
French Broad heartleaf
Butternut
Gray's lily
Fraser's loosestrifc
Sweet pinesap
Pinnate-lobed black-eyed susan
Bunched arrowhead
Mountain sweet pitcher plant
Carolina saxifrage
Divided-leaf ragwort
Mountain catchfly
Virginia spiraea
Nonvascular Plants
Rock gnome lichen
BURKC COUNTY
Critical Habitat Designation:
Phycoides batesii FSC*
Speyeria diana FSC*
Abies fraseri FSC
Buckleya distichophylla FSC
Calamagrostis cainii FSC .
Euphorbia purpurea FSC
Geum radiatum Endangered
Hexastylis contracts FSC
Hexastylis rhombiformis FSC
Juglans cinerea FSC
Lilium grayi ~ FSC
Lysirnachia fraseri. FSC*
Monotropsis odorata FSC
Rudbeckia triloba vaz. pinnatoloba FSC
Sagittaria faseiculata Endangered*
Sarracenia jonesii Endangered*
Saxifraga caroliniana FSC
Senecio millefolium FSC
Silene ousts - FSC
Spiraea virginiana Threatened
Gymnoderma lineare Endangered
Mountain golden heather, Hudsonia montana -The area bounded by the following: on
the west by the 2200' contour, on the oast by the Linville Gorge Wilderness Boundary north
from the intersection of the 2200' contour and the Shortoff Mountain Trail to where it
intersects the 3400' contour at `"I'he Chimneys"--then follow the 3400' contour north u"titil
it reintcrsccts the Wilderness Boundary--then follow the Wilderness Boundary again
northward until it intersects the 3200' 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 2200' contour.
Vertebrates
Bald eagle Haliaeetus leucocephalus Threatened
Alleghany woodrat Neotoma magister FSC
Invertebrates
Brook floater Alasmidonta varicosa FSC
Edmund's snaketail dragonfly Ophiogomphus edmundo FSC*
Pygmy snaketail dragonfly Ophiogomphus hewer •• FSC
Diana fritillary butterfly Speyeria diana FSC
December 10. 1999 Pale ? of 4

COMMON NAME SCIENTIFIC NAME STATUS
vascular plants
Spreading avers
Dwarf-flowered heartleaf
Motmtain golden heather
Small-whorled pogonia
Butternut
Holler's blazing star
Sweet pinesap
Carolina saxifrage
Geum radiatum
Hexastylis naniflora
Hudsonia montane
Isotria medeoloides
Juglans, cinerea
Liatr•is helleri
Monotropsis odorata
Saxifrage caroliniana
Endangered
Threatened
Threatened
Threatened
FSC
Threatened
FSC
FSC
Nonvascular Plants
A liverwort
A liverwort
A liverwort
Cephaloziella obtusilobula
Plagiochila sullivantii var. spinigera
Plagiochila sullivantii var. sullivantii
FSC*
FSC
FSC
g,AyWOOD COUNTY
Vertebrates
Southern Appalachian saw-whet owl
Bog turtle
Olive-sided flycatcher
Hellbender
Cerulean waibler
Eastern cougar
Carolina northern flying squirrel
Bald eagle
Southern Appalachian red crossbill
Southern rock vole
Southern Appalachian woodrat
Allegheny woodrat
Southern Appalachian black-capped
chickadee
S outhern water shrew ..
Southern Appalachian yellow-bellied
sapsucker
Appalachian cottontail
AppalachianBewick's wren
Aegolius acadicus
Clemmys muhlenbergii
Contopus borealis
Cryptobranchus alleganiensis
Dendroica cerulea
Fells concolor couguar
Glaucomys sabrinus coloratus
Haliaeetus leucocephalus
Loxia curvirostra
Microtus chrotorrhinus carolinensis
Neotoma floridana haematoreia
Neotorna magister
Pares atrieapillus practices
FSC
T(S/A)1
FSC
FSC
FSC
Endangered*
Endangered .
Threatened
FSC
FSC
FSC
FSC
FSC
Invertebrates
Appalachian elktoe
Tawny crescent butterfly
Diana fritillary butterfly
Vascular Plants
Fraser fir
Piratebush
Mountain bittcrcress
Manhart's sedge
Tall larkspur
'Sorex palustris punctulatus -- -ESC ,,, _
Sphyrapieus varies appalaciensis FSC
Sylvilagus obscures
Thryomanes bewickii altos
Alasmidonta raveneliana
Phyciodes batesii maconensis
Speyeria diana
Abies fraseri
Buckleya disticophylla
Cardamine clemalitis
Carex manhartii
Delphinium exaltclttcm
FSC
FSC
Endangered
FSC*
FSC
FSC
FSC
FSC
FSC
FSC*
.. ~ i °° .

COMMON NAME SCIENTIFIC NAME STATUS
Glade spurge Euphorbia purpurea FSC
Smoky Mountain manna grass Glycerin nubigena FSC
Small-whorled pogonia Isotria medeoloides Threatened
Butternut Juglans cinerea FSC
Fraser's loosestrife Lysimachia fraseri FSC
Rugel's ragwort , Rugelia nudicaulis
• FSC •
Carolina saxifrage Saxifraga caroliniana FSC
Mountain catchfly Silene ousts FSC
Alabama least trillium Trillium pusillum var. 1 FSC
Nonvascular Plants
Rock gnome Lichen Gymnoderma lineare Endangered
A liverwort Plagiochila sharpii FSC
A liverwort Plagiochila sullivantii var, sullivantii FSC
A liverwort Sphenolobopsis pearsonii FSC
KEY:
Status DeIInitlon
Endangered A taxon "in danger of extinction throughout all ar a significant portion of its range"
Threatened A taxon "h7cely to become endangered within the foreseeable future throughout all or a
significant portion of its range." .
FSC A Federal species of concern--a species that may or may not be listed is the future (fo~ierly
CZ candidate species or species under consideration for listing for which there is insufficient
information to support listing).
T(S/A) Threatened due to similarity of appearance (e.g., American alligator )-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.
Species with 1, 2, 3, or 4 astezisks_behiad them indicate historic, obscure, or incidental records.
*Historic record -the species was last observed in the county morn than 50 years ago. , _
**Obscure record -the date and/or location of observation is uncertain. ~• ~' - '
** *IncidentaUrnigrant record -the species was observed outside of its normal range or habitat,
****Historic record -obscure and incidental record.
'In the November 4, 199?, Federal Register (55822-55825), the northern population of the bog turtle (from New
York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to
Georgia)was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the
collection and interstate and international commercial trade of bog turtles from the southern population, The T(S/A)
designation has ao effect oa land-management activities by private landowners in North Carolina, part of the
southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service
considers the southern population of the bog turtle as a Federal species of concern due to habitat loss.
December 10, 1999 Pave 4 of 4

.~u~-l~e Count PL~,b~'ic -~'choo~s
Office of the Superintendent
~•~~• Reading is lice key to lifefoz~ learning.
May 9, 2000
Mr. William D. Gilmore
N.C. Dept. of Transportation
P.O. BOX 25201
Raleigh, NC 27611-5201
Re: Replacement of Bridge #46 Over Catawba River ~- 3~'• ~
Dear Mr. Crilmore:
R~rGH'
In response to your letter dated April 18, 2000, we have reviewed the impact that would result to
school bus routes if the above referenced bridge was closed for replacement. Please be advised
that currently the Burke County Public School System does not have any school bus routes that
require the use of Bridge #46 on State Road 1223. With that in mind, there would be no negative .
impact to school bus routing.
If you have any questions or need any other information, please do not hesitate to contact me.
Sincerely yours,
~~/"'`I
Randall Brackett
Assistant Superintendent
cc: Gerald H. Knott, N.C. Dept. of Public Instruction
G cl ~~4
}MAY 13 2000
~jpHWAY~
~~~ SAY ~ ~~ ~
P: O. Drawc~989, hlocRanton, NC 2$fitjU-Q989 Phone: (R28) 439-4321 Websile: www.burl:c.kl2.nr.us
An l:yu:tl Oppactunity Iampluycr

3qc.~~ ,
Bu~-~e ~'oun~y Public ~.~`chools
Office of the Superintendent
~~• Reading is the key to ! felong learning.
May 9, 2000
Mr. William D. Gilmore
N.C. Dcpt. of Transportation
P.O. Box 25201
Raleigh, NC 27611-5201
Re: Replacement of Bridge #46 Over Catawba River
Dear Mr. Gilmore:
~ ~~
s
r . ~'.r„~ ~ ~ f ~7 ''2'
~~ ~J
~~3~
EA
In response to your letter dated April 18, 2000, we have reviewed the impact that would result to
school bus routes if the above referenced bridge was closed for replacement. Please be advised
that currently the Burke County Public School System does not have any school bus routes that
require the use of Bridge #46 on State Road 1223. With that in mind, there would be no negative
impact to school bus routing.
If you have any questions or need any other information, please do not hesitate to contact me.
Sincerely yours,
( ~~Y~`"/
Randall Brackett
Assistant Superintendent
cc: Gerald H. Knott, N.C. Dept. of Public Instruction
.•
P. O. Drawer 989, Murgsncon, idC 2SfiSQ-0969 Phonn: (82S) X139-4321 Website: www.burke.kl2.nc.us
An Cqual Oppor~unity [mplnynr

. ' ~ -•: Federal1tid # BRZ-IZ23(2) TIP # 8-3419 County: Burke
CONCURRENCE FORM FOB PROPERTIES DoT ELIGIBLE FOR
THE NATIONAL REGISTER OF ffiSTORIC PLACES
Project Description: Replace Bridge No. 46 on SR 1223 over Linville River
On .4/16/02, representatives of the
y~ North Carolina Department of Transportation (NCDOT) ~ .
Federal Highway Administration (FHWA)
North Carolina State Historic Preservation Office (HPO)
.Other ..
Reviewed the subject project at
Scoping meeting
L`7 Historic architectural resources photograph review session/consultation
~ Other
All parties present agreed
There are no properties over fifty years old within the project's area of potential effects.
(] There are no properties less than fifty years old which are considered to meet Criteria Consideration G within the
project's area of potential effects.
~ ~ There are properties over fifty years old within the project's Area of Potential Effects (APE), but based on the
. h~,storical information available and the photographs of each property, the properties identified as _„are considered
not eligible far the National Register and no further evaluation of them is necessary.
~• .There arc no National Register-listed or Study Listed properties withiri:the project's area ~of potential effects.
All properties greater than 50 years of age located in the APE have been considered at this consultation, and based
upon the above concurrence, all compliance -for historic architecture with Section 106 of the National Historic
Preservation Act and GS 121-12(a) has been completed for this project.
There are no historic properties affected by this project. (Attach arty notes or documents as needed)
Signed: -
~ n.t v ~~"UZ
Representative, NCD T Date -,,
FHWA, for the Division Administrator, or other Federal Agency Date

Representative, HPO
State Historic Preservation Officer
]f a survey report
_~~ . ~ ~
Date
`7`~~
a final wpy of this form will be included.
Date

01/25/2002 ' 01:56 STATE ARCHAEOLOGY DEPT -~ 39794 +.~,-~~~ ~~
i' ,w
.' ~ ~ ~ ~ .
• •ti
• ~ ~ ~ North Carol4n$ Department of ivuitur~l Resouretrs
• State i~istorlc Preservation U~ce
~ ~ David L. S. Brook, Adminlsa'I:,car
Micbaei F. Easley, governor Division of Archiva& aced Hiatoty
. C.Isbeth C. Evsr~s. Secretary Jaffrey J, Craw, Drirectar
Novetnbcx 19,•2011!
MEMOR~INDUM •
TO:• Will~1 D. Gilrnorc, Manager
T'raject Deve[opni~nt and Eavyxonmental Atsalpsis Branch
• Division of ~•iighways
•Dcpstctment of Traaepoctatiou
FRC1M: 1~sSvid Brook ~~
SL18J1~ f :'G'• ~lrch9eological Su=vny Aep~rey Badge ~~46 an SR Y2~3 over C:Aawbs~ River,
• Burke Couatp, ER 00-9G8~
'fie hA~•e received the archaeological stuvey repast for the above project feacn Thoasas Padgcct
During the coupe of the surveil, no liras were located within the project area. The report authors ha~•e
ta:nmm~ncicd chat no fusttior nrraiaaealrJgi,.al iuvradgadon be toaduGtCCI is connecti~n,arlth this project
We concur with this tecrmmeadsttionaince the pro joct will not valve sigAifieant archaeological
scs~aurces.
Tl3e al7c1VA rnmrtirr~ntrass mncle ptt>couAn>r t6 GrfrLLitlrl lflfi rrF rhr• hTAdOppl Hlct0>no l~>r40CCttltLBG a1~1 aucl tllt=
~1•d~'isotq Council oa Historic Pxeservatioa'a ReguL1tYOns For Compliance With Sectiotl 106 codified >~t 3b
CFI~L P»rt $Ob.
ThAnk you for gout cooperation and cottsidezatson. TFyrni hnv~ ryueclxoar eosae.miag rho abort ca~„r,uhrr,
lrltrrr~sr r-1>tnnraRetu4 Gledhill Jrar}bcy, eavit~tYuiautYl ravrrw coordiaatoz, at i-l~//3:3 •~7b3. ID All fut><:ut
comrs,cuLicauaa svuctznirtg Luis p=o)ect, please eta the Above-referenced trACldag uumhet.

cc;,pawl Iviohler, NCDOT
bc: C:laggta/Hall (2) ~.
County
Aeadiag
•,Loordea N[allrnB wdurar ' TrlrphenelFry
lflrrrrrurarr^a r11T11 Irl,....lr]l.t~l-IQ1..1l0 Illtll.1..il3~.~l.~i....~.+.w...a+~...+• .vat ~~rirr.IJ--trvoeli~'~»
Revdnrw;brn 11 R W rilnnnr 4r ren4~luh hit' cent t nnnrr 4rr++.rrr •r,+rnr Mnr~+er.vrr+u~.rr,r t turur Tai r;~a-r •'+~ ~ e~nr
~14+'1r'i~ ,9,• T'rhnal,+t. L r;, I'f. UluunL a~ ILLLI,rIsll• Nl: '1LI U ~lall JvI .IY,. t:~nl+.+. lldr+sl+'l'!4'/'J-}41t1 (717 7JD-•F7E3 ~T ll••4{S61

~- - L ~~
~ r /
JUN f 4
~ TEA E{GL H
® North. Carolina Wildlife Resources Comn-Iission
S1Z N. Salisbury Stmt, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
TO: Stacy Hams, PE
Project Engineer, NCDOT
FROM: David Cox, Highway Project Coo r
Habitat Conservation Program
DATE: May 25, 2000
SUBJECT: NCDOT Bridge Replacements in Buncombe, Burke, and Haywood counties of
North Carolina. TIP Nos. B-3310, B-3419, and B-3343.
Biologists with the N. C. Wildlife Resources Commission (NCWRC) have reviewed the
information provided and have the following preliminary comments on the subject project. Our
comments are provided in accordance with provisions of the National Environmental Policy Act
(42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S:C. 661-667d).
On bridge replacement projects of this scope our standard recommendations are as
follows:
1. We generally prefer spanning structures. Spanning structures usually do not require
work within the stream and do not require stream channel realignment. The horizontal
and vertical clearances provided by bridges allows for human and wildlife passage
beneath the structure, does not block fish passage, and does not block navigation by
canoeists and boaters.
2. Bridgc deck drains should not discharge directly into the stream.
;. Live concrete should not be allowed to contact the water in or entering into the stream.
4. If possible, bridge supports (bents) should not be placed in the stream.
5. If temporary access roads or detours are constructed, they should be removed back to
original ground elevations immediately upon the completion of the project. Disturbed

' Bridge Memo . ? May 25, X000
areas should be seeded or mulched to stabilize the soil and native tree species should
be planted with a spacing of not more than 10'x10'. If possible, when using temporary
structures the area should be cleazed but not grubbed. Clearing the area with chain
saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and
root mat intact, allows the area to revegetate naturally and minimizes disturbed soil.
6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the
steam underneath the bridge. .
7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army
Corps of Engineers nationwide and general `404' permits.. We have the option of
requesting additional measures to protect trout. and trout habitat and we can
recommend that the project require an individual `404' permit.
8. In streams that contain threatened or endangered species, NCDOT biologist Mr. Tim
Savidge should be notified. Special measures to protect these sensitive species maybe
required. NCDOT should also contact the U.S. Fish and Wildlife Service for
information on requirements of the Endangered Species Act as it relates to the project.
9, In streams that are used by anadromous fish, the NCDOT official policy entitled
"Stream Crossing Cruidelines for Anadromous Fish Passage (May I2, 1997)" should
be followed.
10. In areas with significant fisheries for sunfish, seasonal exclusions may also be
recommended.
11. Sedimentation and erosion control measures sufficient to protect aquatic resources
must be implemented prior to any ground disturbing activities. Structures should be
maintained regularly, especially following rainfall events.
12. Temporary or permanent herbaceous vegetation should be planted on all bare soil
within 15 days of ground disturbing activities to provide long-term erosion control.
13. All work in or adjacent to stream waters should be conducted in a dry work area.
Sandbags, rock berms, cofferdams, or other diversion structures should be used
where possible to prevent excavation in flowing water.
14. Heavy equipment should be operated from the bank rather than in stream channels in
order to minimize sedimentation and reduce the likelihood of introducing other
pollutants into streams.
15. Only clean, sediment-free rock should be used as temporary fill (causeways), and
should be removed without excessive disturbance of the natural stream bottom when
construction is completed.
16. During subsurface investigations, equipment should be inspected daily and
maintained to prevent contamination of surface waters from leaking fuels, lubricants,
hydraulic fluids, or other toxic materials.
If corrugated metal pipe azches, reinforced concrete pipes, or concrete box culverts are
used:

Bridge Menlo 3 May 25, 2000
1. The culvert must be designed to allow for fish passage. Generally, this means that the
culvert or pipe invert is buried at least 1 foot below the natural stream bed. If
multiple ells are required the second and/or third cells should be placed so that their
bottoms are at stream bankful stage (similaz to Lyonsfield design). This could be
accomplished by constructing a low sill on the upstream end of the other cells that
will divert low flows to another cell. This will allow sufficient water depth in the
culvert or pipe during normal flows to accommodate fish movements. If culverts are
long, notched baffles should be placed in reinforced concrete box culverts at 1 ~ foot
intervals to allow for the collection of sediments in the culvert, to reduce flow
velocities, and to provide resting places for fish and other aquatic organisms moving
through the structure.
2. If multiple pipes or cells are used, at least one pipe or box should be designed to
remain dry dunng normal flows to allow for wildlife passage.
3 . Culverts or pi es should be situated so that no channel realignment or widening is
required. Widening of the stream channel at the inlet or outlet of structures usually
causes a decrease in water velocity causing sediment deposition that will require future
maintenance.
4. Riprap should not be placed on the stream bed.
Inmost cases, we prefer the replacement of the existing stracture at the same location
with road closure. If road closure is not feasible, a temporary detour should be designed and
located to avoid wetland impacts, *~;n;m;~e the need for clearing and to avoid destabilizing
stream banks. If the structure will be on a new alignment, the old structure should be removed
and the approach fills removed from the 100-year floodplam. Approach fills should be removed
down to the natural ground elevation. The area should be stabilized with grass and planted with
native tree species. If the area that is reclaimed was previously wetlands, NCDOT should restore
the area to wetlands. If successful, the site may be used as wetland mitigation for the subject
project or other projects in the watershed.
Project specific comments:
1. B-3310 -Buncombe County -Bridge No. 145 over Dillingham Creek. Dillingham Creek is
Designated Public Mountain Trout Water and is classified as Hatchery Supported. There is
also a high probability of wild trout in this location due to the close proxinuty of tributaries
that contain wild trout. No in-water work should be performed between November 1 and
April 1 S to protect trout egg and fry stages from sedimentation.
2. B-3419 -Burke County -Bridge No. 46 over the Catawba River. Bridge No. 46 crosses the
Catawba River in the Lake James tailwater and is Designated Public Mountain Trout Water
and is classified as Hatchery Supported. The river at this location is stocked with catchable
trout from March 1 thmugh July 31 annually and supports wild brown and brook trout.
Efforts should be made to minimize in-water disturbance during the stocking season from
Mazch 1 through July 31. No in-water work should be performed between November 1 and
April 15 to protect trout egg and fry stages from sedimentation. In addition to trout, there are
spring nuts of striped bass, v-lip redhorse, yellow perch and walleye from Lake Rhodhiss that
travel up to this location attempting to spawn. There also aze records of a raze mussel, the
brook floater (Alasmidonta varicosa), in this section of the river. NCDOT should perform
any necessary surveys to determine the status of this species. .

Bridge Memo %~ May 25, 2000
3. B-3343 -Haywood County -Bridge No. 48 aver Hemphill Creek. Hemphill Creek is
Designated Public Mountain Trout Water and is classified as Hatchery Supported. The
headwaters of Hemphill Creek border the Crreat Smoky Mountains National Park; thus the
occurrence of wild trout and in particular brook trout is very likely. No in-water work should
be pperformed between November 1 and April 15 to protect trout egg and fiy stages from
sedunentation.
We request that NCDOT routinely m;nimt~e adverse impacts to fish and wildlife
resources in the vicinity of bridge replacements. The NCDOT should install and maintain
sedimentation control measures throughout the life of the project and prevent wet concrete from
contacting water in or entering into these streams. Replacement of budges with spanning
structures of some type, as opposed to pipe or box culverts, is recommended in most cases.
Spanning structures allow wildlife passage along streambanks, reducing habitat fragmentation
and vehicle related mortality at highway crossings.
If you need further assistance or information on NCWRC concerns rcga;ding bridge
replacements, please contact me at [phone]. Thank you for the opportunity to review and
comment on these projects. '

North Carolina~ildlife Resources Commission
Charles R Fullwood, Execuci~~ Direc~or
MEMORANDUM
T0: William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch, NCDO
FROM: Mark S. Davis, Mountain Region Coordinator ~,i/~
gram
Habitat Conservation Pro %~
DATE: • May 8, 2000
SUBJECT: Comments on Group XX Bridge Replacement Projects in Buncombe,'Burke, and
Haywood Counties, North Cazolina.
This memorandum responds to your request for our concerns regarding impacts on fish and
wildlife resources resulting from the subject projects. The North Carolina Wildlifc Resources Commission
(NCWRC) has reviewed the proposed projects, and our comments are provided in accordance with
provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
'The proposcd work involves 3 bridge replacement/demolition projects in western North Carolina
(listed below). Construction impacts on wildlife and fisheries resources will depend on the extent of
disturbance in the streambed and surrounding floodplain areas. We prefer bridge designs that do not alter
the natural stream morphology or impede fish passage. Bridge designs should also include provisions for
the deck drainage to flow through a vegerated upland buffer prior to reaching the subject surface waters.
Demolition plans for the existing bridge structures should be addressed in the environmental documents
prepared for these projects, as well as any proposed causeways, temporary access roads or detours. We
are also concerned about impacts to Designated Public Mountain Trout Waters (DP1vTTVV) and
environmental documentation for these projects should include a description of any streams or wetlands on
the project site and surnys for any threatened or endangered species that may be affected by construction.
B-3310 -Buncombe County, Bridge No.145 on SR 2173 over Dillingham Creek
Dillingham Creek is managed by the NCWRC as Hatchery Supported trout water and also
supports wild trout populations in the project area. We recommend that the existing bridge be
replaced with another spanning structure. We recommend that•instream work be prohibited during
the trout spawning period of November 1 through April 1~ to protect the egg and fry stages from
off-site sedimentation. •
i~iailim~ Addrrss: Di~•i,iun ~~f (nl;~nd l~i.rh~ric, • 17? I Vlail 5crvicr Crnccr • Kalei};h. [~`C: 37G~1y-I l? I

Group :IX Bridges Page ? Ntay 8, 2000
B-3419 -Burke County, Bridge No. 46 on SR 1223 over Catawba River
The Catawba River is managed by the NCWRC as Hatchery Supported trout water is the project
area. The river also supports a small spawning run of striped bass moving out of Lake Rhodhiss in
the spring. We recommend that the existing bridge be replaced with another spanning structure.
B-3343 -Haywood County, Bridge Ho. 48 on SR 1318 over Hemphill Creek
Hemphill Creek is managed by the NCWRC as Hatchery Supported trout water and also supports
wild trout populations is the project area. We recommend that the existing bridge be replaced with
another spawning structure. We recommend that instream work be prohibited during the trout
spawting period of November 1 through April 15 to protect the egg and fry stages from off site
g~Aim .n anon.
Because the Corps of Engineers (COE) recognizes all of the above cou~ies as "trout water
counties", the NCWRC will review any nationwide or genera1404 permits for the proposed projects. The
following conditions are ldcely to be placed on the subject 404 perauts:
1. Adequate sedimentation and erosion control measures must be implemented prior to any
ground disturbing activities to minimize impacts to downstream aquatic resources. Structures
should be inspected and maintained regularly, especially following rainfall events.
2. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15
days of ground disturbing activities to provide long-term erosion control.
3. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags,
rock berms, cofferdams, or other diversion structures should be used where possible to prevent
excavation in flowing water.
4. If concrete is used during construction, a dry work area must be maintained to prevent direct
contact between curing concrete wad stream water. Uncured waccete affects water quality and
is highly toxic to fish and other aquatic organisms.
5. Grading aad~backfilling should be minunized, and tree and shrub growth•should be retained if
possible to ensure long term availability of shoreline cover for gamefish and wildlife.
6. In trout waters, instream construction is prohibited during the trout spawning period of
November 1 to April 15 to avoid impacts on trout reproduction.
7. Heavy equipment should be operated from the bank rather than in stream channels in order to
n,rn;m,~e sedimentation and reduce the Likelihood of introducing other pollutants into streams.
8. If multi-celled reinforced concrete box culverts are utilized, they should be designed so that all
water flows through a single cell (or two if necessary) during low flow conditions. This could
be accomplished by constructing a low sill on the upstream end of the other cells that will
divert low flows to another cell. This will facilitate fish passage at Low flows.
9. Notched baffles should be placed in reinforced concrete box culverts at 1~ foot intervals to
allow for the collection of sediments in the culvert, reduce flow velocities, and to provide
resting places for fish moving through the structure.

~' ..
Group :tX Bridges Page 3 ' May 8, 2gOQ
l0. Only clean, sediment-free rock should be used as temporary fill (causeways), and should be
removed without eYCessive disturbance of the natural stream bottom tivhen construction is_
completed.
11. During subsurface investigations, equipment should be inspected daily and maintained to
prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or
other toxic materials.
Thank you for the opportunity to review and comment during the eazly stages of these projects. If
you have any questions regarding these comments, please contact me at [phone]. .
cc: Mr. Steve Lund, NCDOT Coordinator, COE, Asheville
Ms. Stacy Harris, P.E., PD & EA Branch, NCDOT, Raleigh
Mr. Ron Linville, Western Piedmont Region Coordinator, NCWRC, Kernersville

~P w r~,
~~~~~
May 17, tool
Mr. Bill Gilmore
NCDOT
Project Development and
Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548

Duke Power
s2G sow chi s~~
P.O. Box 1006
Charlocoe, NC 28201-1006

MAY 2~ 2J01
DiNfSKh~l OF
HIQ}•PMAYS ~~~
nEV OQ~`r\~
r~~ P~~
Re: Replacement of Bridge No. 46 on SR 1223 (Powerhouse Road) over Catawba River,
Burke County, TIP No. B-3419
Dear Mr. Gilmore:
This letter is in response to your request concerning clarification of the impact of the bridge
replacement (see above) in conjunction with the Federal Energy Regulatory Commission's
(FERC) license to Duke Pawer for the Catawba-Wateree Project No. 2232. The area affected by
the bridge replacement and road relocation is outside of the project boundary for the Bridgewater
Development of the Catawba-Wateree Project. Therefore, no permits will be required for the
activities you propose as long as they stay outside of the project boundary. •~
Please contact me at 704-382-8587 if you have any further questions.
Sincerely, /~
Charles J Borawa
Senior Lake Management Representative
Duke Power, Group Environment, Health and Safety

puke yy~~
~~' OWeIr
AG4r 6MD G"M9
January 26, 2001
Ms. Stacy B. Harris, P. E.
NC Department of Transportation
Project Development and Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
Re; Replacement of Bridge No: 46 on SR 1223
Dear Ms. Harris:
Duke Power
526 Soueh Church 5rreet
t?O. Bax 1006
Charlotte, NC 28201-1006
I have reviewed the three alternative plans for the replacement of Bridge No. 46 on SR 1223 and
would recommend the adoption of Alternative 3. I am assuming the old bridge will be removed
along with. the bridge abutments.
The joint development of the fishing pier and other facilities between the NCWRC and Duke
was done to minimise the public parking along the shoulders of SR 1223. What type of
restrictions will be proposed for the east end of the bridge to minimize the parking and use of the
land between SR 1223 and the river other than the guardrails? The installation of the
straightened roadway and bridge will probably lead to increased vehicle speed along the road.
Every effort should be made to limit or prohibit parking along the east end of the bridge since
there is adequate parking on the west side of the river at the Bridgewater Fishing Area.
Another question is if the NCDOT will continue to maintain the road from the Bridgewater
Fishing Area to the west end of the new bridge?
Thank you for the opportunity to comment on the replacement bridge on SR 1223.
Sincerely,
~,.~
Charles J. Borawa
Senior Lake Management Representative
Duke Power, Group Environment, Health and Safety.

h
~Du/ce
IPower.~
October 26, 2000
Ms Yvonne Howell
F,arthtech
701 Corporate Center Drive, Suite 47 J
Raleigh, NC 27607
Re: Bridge below Bridgewater Hydro
Dear Ms Howell:
Duke Power
526 South Church 5crect
P.O. Box 1006
Charlotrc, NC 28201-1006
,~ f~
~„ ,
In response to your phone call concerning the replacement of the bridge directly below the
Bridgewater Hydro Station on Powerhouse Road, I have included a map showing the land in the
Bridgewater Fishing Access. As I mentioned the site is under an agreement with the North
Carolina Wildlife Resources Commission (NCwRC) and they built the paved parking lot and
wooden fishing pier. The NCWRC point of contact is Gordon Myers (919-733-3633 ext. 276) at
1721 Mail Service Center, Raleigh, NC 27699-1721.
Please send us information concerning the location of the proposed new bridge location as soon
as possible so we can see how it will affect the public recreation facilities. Under a Federal
Energy Regulatory Commission (FERC) license, Duke is required to provide public recreation
opportunities at it's lakes. The Bridgewater Fishing Access is one of the facilities that helps to
moot those requirements.
Please use me as your current point of contact with Duke Power.
Sincerely,
~~ ~,
Charles J. Borawa
Senior lake Management representative
Group Environment, Health and Safety
Cc: Gordon Myers
Don Cofer
Mark Oakley