20110691 Ver 1_Application_20110927

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION 'EqB,
BEVERLY EAVESPERDUE
GOVERNOR
U. S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue Room 208
Asheville, NC 28801-5006
ATTN: Ms. Liz Hair
NCDOT Coordinator
Subject: Revised Application for Section 404 Nationwide Permit 13 & 33 for the
proposed replacement of Bridge No. 219 over Blythe Creek on SR 1008
(Waxhaw-Indian Trail Road) in Union County, Federal Aid Project No.
BRSTP-1008 (11); Division 10; TIP No. B-4293; WBS 33631.1.1
Reference: Permit Application for Section 404 Nationwide Permit 33,
dated July 11, 2011
Deaz Madam:
This revised application is submitted to account for additional impacts due to bank
stabilization and serves to replace the July 11, 2011 application. The North Cazolina
Department of Transportation (NCDOT) proposes to replace Bridge No. 219, a 58-foot four-
spanbridge over Blythe Creek on Waxhaw-Indian Trail Road (SR 1008), with a 130-foot
two-span bridge at existing location. The use of riprap for bank stabilization will result in 70
lineaz feet of permanent impacts. A causeway is required to remove the concrete bent
associated with the existing structure and for the construction of the drilled piers resulting in
<0.01 acres (481ineaz feet) of temporary impacts.
Please see enclosed copies of the Pre-Construction Notification (PCN) Form, US Fish and
Wildlife Service Concurrence Letter, Stormwater Management Plan, Permit drawings and
Design plans. The Categorical Exclusion (CE) was completed on Apri130, 2009.
Documents were distributed shortly thereafter. Additional copies aze available upon request.
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September 15, 2011
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EUGENE A. CONTI, JR.
SECRETARY
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MAILING ADDRESS:
NC DEPARTMEIR OF TRANSPORTATION
PROJECT DEVELOPMENT ANO ENVIRONMENTAL ANALYSIS
1598 MAIL SERVIDE CENTER
RALEIGN NC 27699-1598
TELEPHONE: [phone]
FAX [phone]
LocanoN:
1020 BIRCH RIDGE DRNE
RALEIGH NC 27610-4328
WEBSITE: WWW.NCDOT.ORG

Concurrence was received from US Fish and Wildlife Service on Mazch 18, 2010 for the
Cazolina Heelsplitter which received a biological conclusion of May Affect, Not Likely to
Adversely Affect. All other listed species have a biological conclusion of No Effect.
This project calls for a letting date of Mazch 20, 2012 and a review date of January 31, 2012;
however the let date may advance as additional funding becomes available.
A copy of this permit application and its distribution list will be posted on the NCDOT
website at: http://www.ncdot.org/doh/preconstruct/pe/neu/permit.html. If you have any
questions or need additional information, please call Jennifer Harrod at [phone].
5~~~ ~,~
~C/ Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDE
Cc: NCDOT Permit Application Standard Distribution List
File

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Office Use Onty:
Corps action ID no.
DWO project no.
Fonn Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ^ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number. 13 33 or General Permit (GP) number.
1 c. Has the NW P or GP number been verified by the Corps? ^Yes ®No
1d. Type(s) of approval sought from the DWO (check all that apply):
® 401 Water Quality Certification -Regular ^ Non~04 Jurisdictional General Permit
^ 401 Water Quality Certification -Express ^ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
® Yes ^ No For the record only for Corps Permit:

^Yes ®No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mi8gation bank or in-lieu
fee program. ^Yes ®No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ^Yes ®No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ^Yes ®No
2. Project Information
2a. Name of project: Replacement of Bridge No. 219 over Blythe Creek on SR 1008 (Waxhaw-Indian Trail
Road).
2b. County: Union
2c. Nearest municipality /town: Waxhaw
2d. Subdivision name: not applicable
2e. NCDOT only, T.I.P. or state
project no: B-0293
3. Owner Information
3a. Name(s) an Recorded Deed: North Carolina Department of Transportation
3b. Deed Book and Page No. not applicable
3c. Responsible Party (for LLC if
applicable): not applicable
3d. SVeet address: 1598 Mail Service Center
3e. City, state, zip: Raleigh, NC 27699-1598
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: [e-mail]

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4. Applicant Information (if different from owner)
4a. Applicant is: ^ Agent ^ Other, specify:
4b. Name: not applicable
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: not applicable
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
Se. Telephone no.:
5f. Fax no.:
Sg. Email address:
2

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B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): not applicable
1b. Site coordinates (in decimal degrees): Latitude: 34.933151 Longitude: - 80.729535
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 2.13 acres
2. Surface Waters
2a. Name of nearest body of water (sVeam, river, etc.) to Blythe Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Catawba
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the Ume of this
application:
Primarily wooded -Hardwood Forest and Pine/Hardwood Forest with Disturbed/Maintained along roadsides.
3b. Lisl the total estimated acreage of all existing wetlands on the property:
0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
170'
3d. Explain the purpose of the proposed project:
To replace a functionally obselete and deficient structure.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project involves replacing one 58-foot four-span bridge with a 130-foot two-span bridge at existing location over
Blythe Creek; an off-site detour will be utilized. Standard road building equipment, such as trucks, dozers, and cranes will
be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or sVeam determinations by the
Corps or State been requested or obtained for this properly /
^Yes ®No ^ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type ^ Preliminary ^ Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other.
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
Sa. Have permits or certificatlons been requested or obtained for
®Yes ^ No ^ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A Permit Application Request was distributed on July 11, 2011 however no permits were issued.
6. Future Project Plans
6a. Is this a phased project? ^Yes ®No
6b. If yes, explain.
3

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
^ Wetlands ®Streams -tributaries ^ Buffers
^ Open Waters ^ Pond ConsWction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps -404, 10 Area of impact
Permanent (P) or (if known) DWO -non-404, other) (acres)
Tem ora T
Site 1 ^ P ^ T ^ Yes ^ Corps
^ No ^ DWO
Site 2 ^ P ^ T ^ Yes ^ Corps
^ No ^ DWO
Site 3 ^ P ^ T ^ Yes ^ Corps
^ No ^DWQ
Site 4 ^ P ^ T ^ Yes ^ Corps
^ No ^DWQ
Site 5 ^ P ^ T ^ Yes ^ Corps
^ No ^ DWO
Site 6 ^ P ^ T ^ Yes ^ Corps
^ No ^ DWO
2g. Total wetland impacts N/A Permanent
N/A Temporary
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of Average Impact length
number - (PER) or jurisdiction stream (linear feet)
Permanent (P) or intermittent (Corps -404, 10 width
Temporary (T) (INT)? DWO -non-004, (feet)
other)
Site 1 ^ P ®T Temporary
Causeway Blythe Creek ®PER
^INT ®Corps
^ DWO 15 48.0

Site 2 ®P ^ T RipRap -bank
stabilization
Blythe Creek ®PER
^INT ®Corps
^DWQ
15
70
Site 3 ^ P ^ T ^PER ^ Corps
^ INT ^ DWO
Site 4 ^ P ^ T ^PER ^ Corps
^ INT ^ DWO
Site 5 ^ P ^ T ^PER ^ Corps
^ INT ^ DWO
Site 6 ^ P ^ T ^PER ^ Corps
^ INT ^ DWO
3h. Total stream and tributary impacts 70.0 Penn
48.0 Temp
3i. Comments:
4

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the AUantic Ocean, or any other open water of
the U.S. then individual) list all o en water im acts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number - waterbody Type of impact Waterbody type Area of impact (acres)
Permanent (P) or (if applicable)
Tem ora T
01 ^P^T
02 ^P^T
03 ^P^T
04 ^P^T
4f. Total open water impacts N/A Permanent
N/A Temporary
4g. Comments:
5. Pand or Lake Construction
If and or lake construction ro osed, then com lete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond
Flooded
Filled Excavat
Flooded
Filled
Excavated
Flooded
ed
P1
P2
5f. Total
5g. Comments:
Sh. Is a dam high hazard permit required?
^ Yes ^ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:

i
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer
im acts below. If an im acts re uire miti ation, then ou MUST fill out Section D of this form.
6a.
^ Neuse
^Tar-Pamlico ^ Other.
Project is in which protected basin? ^ Catawba ^ Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for impact Buffer Zone 1 impact Zone 2 impact
Permanent (P) or Stream name mitigation (square feet) (square feet)
Tem ora re wired?
^Yes
Bt ^P^T ^ No
B2 ^P^T ^Yes
^ No
^Yes
B3 ^P^T ^ No
6h. Total buffer impacts
6i. Comments:

D. Impact Justification and Mitigation
7. Avoidance and Minimization
ta. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The replacement bridge for No. 219 is 74 feet longer than the existing bridge. No deck drains will be discharging between
the creek banks; stone drainage is being discharged as far away from the stream as practicable; An off site detour will be
used.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Standard construction techniques apply; Best Management Practices's for Bridge Demolition and Removal and Best
Management Practices for Construction and Maintenance Activities will be used. Design Standards in Sensitive
Watersheds will be implemented for erosion control for this project.
2. Compensatory Mitigatiorifor Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ^ Yes ®No
If no, explain: bank stabilization is not considered a loss of
waters of the US.
2b. If yes, mitigation is required by (check all that apply): ^DWQ ^ Corps

2c.
If yes, which mitigation option will be used for this
project? ^ Mitigation bank

^ Payment to in-lieu fee program
^ Permittee Responsible Mitgaton
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: not applicable
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ^ Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stn:am temperature: ^ wane ^ cool ^wld
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-dparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
Sa. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
7

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ^ Yes ^ No
6b..lf yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 far Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is roquin;d, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ^Yes ®No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan inGuded? If no, explain why.
^ Yes ^ No
Comments:
2. Stormwater Mana ement Plan
2a. What is the overall percent imperviousness of this project? N/A
2b. Does this project require a Stormwater Management Plan? ®Yes ^ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
see attached permit drawings
^ Certified Local Govemment
2e. Who will be responsible for the review of the Stormwater Management Plan? ^ DWO Stormwater Program
® DWO 401 Unit
3. Certified Local Government Stormwater Review

3a. In which local government's jurisdiction is this project? not applicable
^ Phase II
^ NSW
3b. Which of the following locally-implemented stornwater management programs ^ USMP
apply (check all that apply): ^ Water Supply Watershed
^ Other.
3c. Has the approved Stormwater Management Plan with proof of approval been ^Yes ^ No
attached?
4. DWQ Stormwater Pro ram Review
^ Coastal counties
4a . Which of the following state-implemented stortnwater management programs apply ^ HOW
(check all that apply): ^ ORW
^ Session Law 2006-246
^ Other.
4b . Has the approved Stormwater Management Plan with proof of approval been
^Yes ^ No
attached?
5. DWO 401 Unit Stormwater Review
Sa. Does the Stormwater Management Plan meet the appropriate requirements? ^Yes ^ No N/A
5b . Have all of the 401 Unit submittal requirements been met? ^Yes ^ No NIA

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/locel) funds or the ®Yes ^ No
use of public (federal/state) land?
1 b. If you answered 'yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ®Yes ^ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered 'yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
®Yes ^ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ^Yes ®No .
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ^Yes ®No
2c. If you answered "yes° to one or both of the above questions, provide an explanatlon of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ^Yes
additional development, which could impact nearby downstream water quality? ®No
3b. If you answered 'yes" to The above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Due to the minimal transportation impact resulting from this bridge replacement, this project will neither influence nearby
land uses nor stimulate growth. Therefore, a detailed indirect or cumulative effects study will not be necessary.
4. Sewage Disposal (DWQ Requirement)
4a. Cleady detail the ultimate treatment methods and disposition (non~ischarge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
not applicable
10

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ®Yes ^ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ®Yes ^ No
impacts?
^ Raleigh
5c. If yes, indicate the USFWS Fleld Office you have contacted.
® Asheville
Sd. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Written Concurrence was received on March 18, 2010 from the USFWS for the Carolina Heelsplitter which received a
biological conslusion of May Affect Not Likely to Adversely Affect (see attached). All other listed species remain No
Effect. USFWS T/E County Listings and habitat decriptions;
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ^Yes ®No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NMFS County Index
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ^Yes ®No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NEPA Documentation
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA~esignated 100-year floodplain? ®Yes ^ No
8b. If yes, explain how project meets FEMA requirements: NCDOT Hydraulics Unit coordination with FEMA
8c. What source(s) did you use to make the floodplain determination? FEMA Maps

~ ~' ~ S "
Dr. Gre¢orv J. Thorpe, PhD ,
D
t
ApplicanUAgent's Printed Name A plica Agent's Signature a
e
(Agent's signature is valid only if an auMorizatlon letter from the applicant
is rovided.
))

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
Mazch 18, 2010
Dr. Gregory J. Thorpe, Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Cazolina 27699-1598
Dear Dr. Thorpe:
Subject: Endangered Species Concurrence for the Replacement of Bridge No.219 over Blythe
Creek on Waxhaw Indian Trail Road, Union County, North Carolina (TIP Project No.
B-4293).
We have reviewed the survey report for the federally endangered Carolina heelsplitter
(Lasmigona decorates) for the subject project and are providing the following comments in
accordance with the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) (NEPA),
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act); the
Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); and the Migratory Bird
Treaty Act (16 U.S.C. 703, et seq.).
Federally Listed Species -The federally endangered Carolina heelsplitter (Lasmigona decorates)
is known to occur in Simmile Creek along the Mecklenburg and Union County line, in the
Twelvemile creek subbasin. The project area is located on Blythe Creek. Blythe Creek and
Simile Creek are both tributaries to Twelvemile Creek. Accordingly, a mussel survey was
conducted 100 meters upstream and 400 meters downstream of the project area on April 30,
2009. No Carolina heelsplitters were discovered during the survey. However, 165 eastern
elliptio (Elliptio complanata), three Carolina creekshell (Vrllosa vaughaniana) and 6 eastern
creekshell (Villosa delumbis) mussels were found. Your letter of July 1, 2009 requested our
concurrence that the project may affect, but is not likely to adversely affect the Carolina
heelsplitter due to the its historical distribution within the watershed and the presence of high
quality habitat and its companion species within the project area. To issue a concurrence letter
that a project "may affect, but is not likely to adversely affect" a listed species, we need to
review the analysis of the effect and how the project has been designed to ensure that the effect is
not likely to be adverse. Since no information was provided as to how the project would be
designed to avoid adverse effects to the listed species, we contacted the North Carolina

Department of Transportation (NCDOT) to request this information. The NCDOT provided
additional information about the project in a subsequent letter (via email) on February 16, 2010.
As a result, the following measures will be implemented to avoid and minimize potential impacts
to the Carolina heelsplitter.
Design Standards in Sensitive Watersheds (14A NCAC 04B .0124) will be
implemented for erosion control for this project. Measures to control erosion and
sediment will be taken during all phases of construction. Wet concrete and
construction material will not come into contact with Blythe Creek or water that has
the potential to enter the stream, and daily inspections of equipment will occur to
ensure that no equipment leaks enter the stream.
2. The proposed replacement bridge is 130 feet long and replaces the existing 59-foot
structure. Because of the longer structure, NCDOT will excavate the azea at the
existing end bents which will provide better hydraulic connectivity for Blythe Creek
during flooding events and allow passage for terrestrial wildlife.
3. The new structure's bents will be placed outside of Bly[he Creek. Timber crutch
bents that were added for stability after the original bridge was built will be removed
using a crane with little disturbance to the stream.
4. A causeway approximately 40 feet long measured along the bank and 5-7 feet wide is
required for removal of the existing concrete bent and for construction of drilled
piers. The causeway will be located on the northeast bank under the existing bridge.
The existing concrete bent will be removed by sawing or breaking using hydraulic
hammers. The existing superstructure composed of timber deck on steel beams will
be removed from above. All attempts will be made to keep existing bridge debris
from entering the Blythe Creek. If debris does enter the river, the contractor should
use a crane to remove the debris and will not be allowed to use a clam bucket that
might result in raking ofthe streambed.
5. Stormwater from the deck drain 5-] 0 feet from the top of the bank. Each quadrant of
the bridge will discharge stormwater through rip rap and then sheetflow through a
vegetated buffer before entering the stream.
6. Sub-regional Tier Guidelines will be implemented to reduce the amount of roadway
approach work. The proposed vertical alignment was raised to the minimum height
to meet both a 50-mph design speed and keep the low point off the proposed structure
which would present a hazazd hydraulically.
We agree with the NCDOT's determination that this project may affect, but is not likely to
adversely affect the Carolina heelsplitter. Therefore, we believe the requirements under section
7(c) of the Act aze fulfilled. However, obligations under section 7 of the Act must be
reconsidered if: (1) new information reveals impacts ofthis identified action that may affect
listed species or critical habitat in a manner not previously considered, (2) this action is
subsequently modified in a manner that was not considered in this review, or (3) a new species is
listed or critical habitat is determined that may be affected by the identified action.

While we believe obligations under section 7 of the Act aze fulfilled, we request that prior to
constmction the NCDOT move the mussels that were discovered during the survey to a location
outside the impact area. The Carolina creekshell is a federal species of concern and is listed as
endangered by the North Carolina Natural Heritage Program. Federal species of concern are not
legally protected under the Act and are not subject to any of its provisions, including section 7,
unless they are formally proposed or listed as endangered or threatened. However, measures
taken to protect and conserve federal species of concern may help preclude the need to list these
species; therefore, if the mussels are located in an area of the project where they could be injured
or killed, we recommend developing a relocation and monitoring plan for these mussels that
consists of finding a suitable relocation site, tagging the mussels, handling and transporting
individuals, and monitoring survivability once a year for 2 to 3 years. If mussels are relocated,
we would assist with the development of the relocation and monitoring plan and would want to
approve the final plan.
Fish and Wildlife Resources - We provide the following additional recommendations to reduce
impacts to fish and wildlife resources from the construction of the new bridge:
1. The natural dimension, pattern, and profile of the stream above and below the
crossing should not be modified by widening the stream channel or changing the
depth of the stream.
2. Side ditches should not drain directly into the stream. Ditch water should be
diverted into a constructed sump or, where possible, onto stable forested
vegetation that can filter sediments before the water reaches the stream.
Areas that are disturbed should be revegetated as soon as possible; we recommend
planting native grasses and tree species where possible. The removal of
vegetation in riparian areas should be minimized, and riprap should be minimized.
If rock must be used, we recommend installing only clean, sediment-free rock
below the ordinary high-water mark and using native vegetation to stabilize the
stream banks above the ordinary high-water mark.
4. If temporary access roads or detours are constructed, they should be removed, and
the area should be returned to the original ground elevations immediately upon
completion of the project. Disturbed areas should be seeded or mulched and/or
matted in order to stabilize the soil; again, we recommend planting native grasses
and tree species.
5. Only clean, sediment-free rock should be used as temporary causeways, and it
should be removed without excessive disturbance of the natural stream bottom
when construction is completed.
6. Equipment should be inspected daily and should be maintained to prevent the
contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or
other toxic materials. All fuels, lubricants, and other toxic materials should be
stored outside the riparian management area of the stream, in a location where the
material can be contained.

7. Required materials should be delivered and equipment mobilized in advance so
the installation can proceed without delay.
Migratory Birds -The Migratory Bird Treaty Act (16 U.S.C. 703-712) prohibits the taking,
killing, possession, transportation, and importation of migratory birds (including the bald eagle),
their eggs, parts, and nests, except when specifically authorized by the Department of the
Interior. To avoid impacts to migratory birds, we recommend conducting a visual inspection of
the bridge and any other migratory bird nesting habitat within the project azea during the
migratory bird nesting season--March through September. If migratory birds are discovered
nesting in the project impact area, including on the existing bridge, the NCDOT should avoid
impacting the nests during the migratory bird nesting season (March through September). If
birds are discovered nesting on the bridge during years prior to the proposed construction date,
the NCDOT, in consultation with us, should develop measures to discourage birds from
establishing nests on the bridge by means that will not result in the take of the birds or eggs, or
the NCDOT should avoid construction and demolition activities during the nesting period.
If you have questions about these comments, please contact Mr. Troy Wilson of our staff at
828/258-3939, Ext. 226. In any future correspondence concerning this project, please reference
our Log Number 4-2-09-363.
cc:
Ms. Mazla J. Chambers, Western NCDOT Permit Coordinator, North Carolina Wildlife
Resources Commission, 4614 Wilgrove-Mint Hill Road, Suite M, Charlotte, NC 28227
Ms. Sarah Hair, Asheville Regulatory Field Office, U.S. Army Corps of Engineers, 151 Patton
Avenue, Room 208, Asheville, NC 28801-5006
Ms. Polly Lespinasse, Mooresville Regional Office, North Carolina Division of Water Quality,
610 East Center Avenue, Suite 301, Mooresville, NC 28115

STORMWATER MANAGEMENT PLAN
B-4293, State Project 33631.1.1 Date:6/16/09
Union County
Hydraulics Project Engineer: R.C. Henegaz, PE
ROADWAY DESCRIPTION
The project involves replacing Bridge No. 219 over Blythe Creek on SR 1008 in Union
County. The overall length of the project is 0.152 miles. The existing 20-foot paved road
is a two-lane road with 4-foot grass shoulders. The existing structure is a 58.5 ft four span
bridge (2@14' 4", 1 @14' 11 ", 1 @ 14' 10") with a of cleaz roadway width of 25 feet. The
project will be atwo-lane section with 11 foot lanes and 6 foot shoulders (4-foot paved).
The proposed bridge will be a 130 foot structure with 2 spans of 65 feet and a clear
roadway width of 30 feet. An off site detour is proposed for this project.
ENVIRONMENTAL DESCRIPTION
This project is located in the Catawba River Basin. There is one stream crossing on this
project, which has a C classification. This stream is not on the 303(d) list. No wetlands
will be impacted by the proposed project.
BEST MANAGEMENT PRACTICES AND MAJOR STRUCTURES
There will be no deck drains dischazging between the creek banks on the proposed
structure. Also the storm drainage is being dischazged as far away from the stream as
practicable.

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UNION COUNTY
REPLACE BRIDGE N0.2190N SR IB08(WA%HAW-INDIAN
TRAIL ROAD} OVER BLYTNE CREEK
B-4293
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PROJECT: b36b1.1.1 <B-293)
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