20070798 Ver 1_Application_20070509

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION ~"
MICHAEL F. EASLEY
GOVERNOR
May 7, 2007
U. S. Army Corps of Engineers
151 Patton Avenue
Room 208
Asheville, NC 28801-5006
ATTN: Mr. David Baker
NCDOT Coordinator
LYNDO TIPPETT
SECRETARY
~rU798
Subject: Nationwide Permit 23 and 33 and Section 401 Water Quality
Certification Application for replacement of Bridge No. 335 on SR 1238
(Pearl Lane) over Mud Creek, Federal Aid No. BRZ-1238(2), State Project
No. 8.2982301, Henderson County, Division 14, TIP No. B-3856. WBS
Element No. 33301.1.1. Debit Work Order No. 33301.1.1 $475
Dear Sir:
Please see the enclosed Pre-Construction Notification (PCN), Ecosystem Enhancement
Program (EEP) mitigation acceptance letter, onsite stream relocation summary, permit
drawings, design plans and Categorical Exclusion (CE) for the subject project. The North
Carolina Department of Transportation (NCDOT) proposes to replace the 47 foot Bridge
No. 335 with a three barrel, 9-foot wide by 9-foot high reinforced concrete box culvert.
The new structure will be built on the same alignment as the existing bridge. The box
culvert was chosen for this project because of durability, cost effectiveness, and it is
considered acceptable from a hydraulic conveyance standpoint. During construction,
traffic will be routed to a temporary onsite detour alignment to the west of the existing
bridge. A driveway entrance southwest of Bridge No. 335 will be relocated to the south,
away from Mud Creek. There will be a total of 420 feet of permanent impacts to three
separate jurisdictional streams due to installation of the new box culvert and relocation of
two streams. Onsite Natural Stream Design will be utilized to offset 370 feet of impacts
associated with the stream relocation. There are no jurisdictional wetlands within the
project study area.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] CAPITOL BOULEVARD
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS PARKER LINCOLN BUILDING, SUITE 168
1598 MAIL SERVICE CENTER WEBSITE: WWW.DOH.DOT.STATE.NC.US RALEIGH NC 27699
RALEIGH NC 27699-1598

IMPACTS TO WATERS OF TAE UNITED STATES
General Description: There are three jurisdictional streams on the project site: Mud
Creek, UT1 and UT2 to Mud Creek. These water resources are located in the French
Broad River Basin (subbasin 04-03-02, Hydrological Cataloguing Unit 06010105). The
North Carolina Division of Water Quality (NCDWQ) index number for Mud Creek is 6-
55. Mud Creek is classified by the Division of Water Quality as a C water body. Neither
High Quality Waters (HQW), Water Supplies (WS-I or WS-II) nor Outstanding Resource
Waters (ORW) occur within 1.0 mile of the project area. The average baseflow width of
Mud Creek is approximately 5 feet. Average depth is approximately 7 inches. The
average baseflow width of the UT1 is 2 feet, with an average depth of 4 inches. The
average baseflow width of the UT2 to Mud Creek is 3 feet, with an average depth of 4
inches.
Permanent Impacts: There will be 420 feet of permanent impacts to jurisdictional streams
due to the installation of a new box culvert and relocation of two streams. Stream
relocation comprises a total of 380 feet of impacts to UT1 and UT2.. There will be 215
feet of impacts to UTl and 165 feet of impacts to UT2. The installation of a box culvert
comprises 40 feet of impacts to Mud Creek.
TemporarYImpacts: There will be 0.03 acre of temporary impacts to jurisdictional
streams due to the installation of a new box culvert, relocation of two streams and
placement of a temporary detour pipe. Installation of a new box culvert and temporary
detour pipe comprises 0.03 acre of impact. The temporary detour pipe consists of a 90
inch corrugated steel pipe that will be removed after construction of the box culvert is
completed. Relocation of UT1 and UT2 accounts for <0.01 acre of temporary impacts
each.
Bridge Demolition: Bridge No. 335 is composed entirely of timber. Therefore, there will
be no fill in "Waters of the United States" resulting from bridge demolition.
Utilitypacts: There are no utilities attached to the existing structure, but an
underground phone line becomes aerial across the creek on the west side of the bridge.
There will be no impacts to jurisdictional waters due to utilities.
Schedule: The project schedule calls for a September 18, 2007 Let date with a date of
availability on October 23, 2007. The review date for the project is July 31, 2007.
FEDERALLY PROTECTED SPECIES
Plants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered and Proposed Threatened are protected under provisions of Section 7 and
Section 9 of the Endangered Species Act of 1973, as amended. As of January 29, 2007
2

the United States Fish and Wildlife Service (USFWS) list 8 species under federal
protection for Henderson County: small-whorled pogonia, bunched arrowhead, mountain
sweet pitcher plant, white irisette, Appalachian elktoe, and oyster mussel are listed as
endangered and swamp pink is listed as threatened. The bog turtle is listed threatened
with similarity of appearance and does not require a biological conclusion. It was
determined that there was no habitat for the listed species. The NC Natural Heritage
database of rare species and unique habitats was reviewed in March 2007. There is no
documentation of rare species or unique habitats found within 1 mile of the project area.
Table 1. Species Under Federal Protection in Henderson County
Common Name Scientific Name Federal
Status Habitat Biological
Conclusion
Bo turtle Clemm s muhlenber ii T (S/A) No Not re uired
Small-whorled o onia Isotria medeoloides E No No Effect
Swam ink Helonias bullata T No No Effect
Bunched arrowhead Sa ittaria ascilulata E No No Effect
Mountain sweet pitcher
lant Sarracenia rubra var. jonsii E No No Effect
White irisette Sisyrinchium dichotomum E No No Effect
A alachian elktoe Alasmidonta raveneliana E No No Effect
Oyster mussel E ioblasma ca sae ormis E No No Effect
AVOIDANCE, MINIMIZATION AND MITIGATION
Avoidance and Minimization:
Avoidance examines all appropriate and practicable possibilities of averting impacts to
"Waters of the United States". The NCDOT is committed to incorporating all reasonable
and practicable design features to avoid and minimize jurisdictional impacts, and to
provide full compensatory mitigation of all remaining, unavoidable jurisdictional stages;
minimization measures were incorporated as part of the project design.
• Best Management Practices will be followed for this project as outlined in "NCDOT's
Best Management Practices for Construction and Maintenance Activities".
• Reduction of clearing and grubbing activities.
• Re-establishment of vegetation on exposed areas
• Judicious pesticide and herbicide usage
• Litter/debris control
Miti atg_ ion:
Natural Stream Design will be used to offset 370 feet of permanent impacts associated
with the relocation of two unnamed tributaries to Mud Creek. The existing stream slopes
will be replicated for both streams. Function and stability will be enhanced using natural
stream design techniques. These include constructing a bankfull bench to provide flood
relief at bankfull stage, and using rock cross vanes to establish grade control. Because of
the small drainage areas of these two streams, bankfull dimensions were verified by
3

hydrologic and hydraulic techniques instead of the regional curves. The proposed stream
will have a Rosgen classification of "E4b". The relocated channels will be reforested and
preserved with permanent right of way and easements. (Please see attached onsite stream
relocation summary).
The remaining 50 feet of impacts associated with the placement of the box culvert
will be mitigated through the use of EEP (Please see attached mitigation acceptance letter
date March 29, 2007).
REGULATORY APPROVALS
Section 404 Permit : It is anticipated that the construction of a temporary on-site detour
will~be authorized under Section 404 Nationwide Permit No. 33 (Temporary Construction
Access and Dewatering). We are therefore requesting the issuance of a Nationwide
Permit 33 authorizing the temporary dewatering of Mud Creek. It is anticipated that the
use of Natural Stream Design for on-site mitigation and the placement of the box culvert
will be authorized under the Nationwide Permit No. 23. All other aspects of this project
are being processed by the Federal Highway Administration as a "Categorical Exclusion"
in accordance with 23 CFR § 771.115(b). The NCDOT requests that these activities be
authorized 1}y a Nationwide Permit 23 (FR number 10, pages 2020-2095; January 15,
2002).
Section 401 Permit: In compliance with Section 143-21 S.D9(e) of the NCAC, we will
provide $475.00 to act as payment for processing the Section 401 (General Certification
Numbers 3403, 3495, and 3366) permit application previously noted in this application
(see Subject line). We are providing five copies of this application to the North Carolina
Department of Environment and Natural Resources, Division of Water Quality, for their
review.
We also anticipate that comments from the North Carolina Wildlife Resources
Commission (NCWRC) will be required prior to authorization by the Corps of Engineers.
By copy of this letter and attachment, NCDOT hereby requests NCWRC review. NCDOT
requests that NCWRC forward their comments to the Corps of Engineers and the
NCDOT within 30 calendar days of receipt of this application.
Thank you for your assistance with this project. If you have any questions or need
additional information please contact Jason Dilday at ~ldilday~,dot.state.nc.us or (919)
715-5535. The application will be posted at http:1/207.4.62.65/PDEA/PermApps/.
Sinscerel ,
C .
Gregory J. orpe, Ph.D
Environmental Management Director, PDEA
4

CC:
W/attachment
Mr. John Hennessy, NCDWQ (5 Copies)
Ms. Marella Buncick, USFWS
Ms. Marla Chambers, NCWRC
Mr. Harold Draper, TVA
Mr. Clarence W. Coleman, P.E., FHWA
Dr. David Chang, P.E., Hydraulics
Mr. Victor Barbour, P.E., Project Services Unit
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. J. B. Setzer, P.E. (Div. 14), Division Engineer
Mr. Mark Davis (Div. 14), DEO
W/o attachment
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USACE, Wilmington
Ms. Beth Harmon, EEP
Mr. Todd Jones, NCDOT External Audit Branch
Ms. Natalie Lockhart, Project Planning Engineer
5

Office Use Only: Form Version Mazch OS
USACE Action ID No. DWQ No. 2 ~ 0 7 ~ 7 9 8
(lt any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 23 & 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
Owner/Applicant Information
Name: Gregory J. Thorpe, Ph.D., Environmental Management Director
Mailing Address: 1598 Mail Service Center
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: ildildayna,dot.state.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 9

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Bridge No. 335 over Mud Creek
2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3856
3. Property Identification Number (Tax PIN):
4. Location
County: Henderson Nearest Town: Hendersonville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): SR 1238, Pearl Lane
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35'14'43' °N -82'31'31' °W
6. Property size (acres): N/A
7. Name of nearest receiving body of water: French Broad River
8. River Basin: French Broad Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Agricultural, minor residental with some early successional
forest communities
Page 2 of 9

10. Describe the overall project in detail, including the type of equipment to be used:
Bridge No. 335 replaced with triple box culvert and the relocation of two unnamed streams
by natural stream design using standard bridge demolition and construction equipment.
11. Explain the purpose of the proposed work: Improve the safety of travelers along SR 1238
by replacing a structurally absolete 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. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 3 of 9

1. Provide a written description of the proposed impacts: 570 feet of impacts to
jurisdictional streams (420 fee~ermanent 150 feet temporary) as a result of installation of a
box culvert relocation of two streams and a temporary detour_pipe 370 feet of permenant
impacts will be offset using natural stream design for the two unnamed tributaries.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
--r -
Wetland Impact
Site Number
(indicate on map)

Type of Impact
Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) -
Located within
100-year
Floodplain
(yes/no)
Distance to
Nearest
Stream
(linear feet)
Area of
Impact
(acres)
No wetlands

Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property:0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number

(indicate on ma )
Stream Name
Type of Impact
Perennial o~
Intermittent. Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
1 Roadside Canal Temp Perennial 2 ft 10 0.001
1 Roadside Canal Perm Perennial 2.ft 215 0.017
2 Mud Creek Temp Perennial 5 ft 130 0.024
2 Mud Creek Perm Perennial 5 ft 40 0.009
3 UT of Mud Creek Temp Perennial 3 ft 10 0.001
3 UT of Mud Creek Perm Perennial 3 ft 165 0.012
Total Permanent Stream Impact (by length and acreage) 420 0.038
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Page 4 of 9

Open Water Impact

Site Number
(indicate on map)
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)
No Impacts

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.026 (temp)
0.038 ermanent)
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.026 (temp)
0.03 8 ermanent)
Total Stream Impact (linear feet): 150 (temp)
420 ermanent)
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.Traffic will be placed on a
Page 5 of 9

temporary onsite detour alignment to the west (upstream) of the existing bridge to provide the
best aligmment while having_minimal impact on the flood lain and on adjacent properties The
typical section is a shoulder section with grass shoulders and grass ditches No curb and ug tter
will be used on this project. The proposed 3(a~8' x8' RCBC will be buried below the stream 1
foot below the channel bed and will have sills on the outer two barrels allowing normal low flow
to be maintained in the center barrel. The box culvert was chosen for this project because of
durability, more cost effective and it is considered acceptable from a hydraulic conve.}ance
standpoint. The 90" CSP detour pipe will be buried 1 foot below the channel bed
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 January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/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.
Onsite mitigation will be used to offset 370 feet of permanent impacts that occur from the
relocation of two unnamed triburtaries that occur on the project site This will be
Page 6 of 9

accomplished through natural stream design. 50 feet of permanent impacts that occur from
stream relocation and the placement of the box culvert will be mitigated through the use of
EEP.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 50
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ® No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ® No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. 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. _
Page 7 of 9

1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone ~~,.,,.,..o c o*~ Multiplier ,~,~:~,~~~.~~
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.The overall project is 0.14 miles and
approximately 0.05 acres of permanent additional pavement will be added. An additional 0.016
acres of temporary (detour) pavement will be added and removed as a result of the detour.
Throu~,h natural stream design, a bankfull bench to provide flood relief at bankfull stage and
cross veins will be placed in the two unnamed tributaries to diffuse flow before entering into
Mud Creek.
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?
Page 8 of 9

Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http:/lh2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The culvert will be installed at the existing alignment.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

'~ ~ Zy ~v~
Applicant%Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

March 29, 2007
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance: Letter:
B-3856, Replace Bridge Number 335 over Mud Creek on SR 1238
Henderson County
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory stream mitigation for the subject project.
Based on the information supplied by you on March 16, 2007, the impacts are located in
CU 06010105 of the French Broad River Basin in the Southern Mountains (SM) Eco-
Region, and are as follows:
Stream: 50 feet
During the review of this request, it was noted that the 2007 Impact Projection
Database listed no wetland or stream impacts for this project; however, EEP will provide
the requested stream mitigation. The need for additional stream mitigation in this
cataloging unit will be included it in the 2007-2008 biennial budget. EEP commits to
implementing sufficient compensatory stream mitigation to offset the impacts associated
with this project by the end of the MOA Year in which this project is permitted, in
accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement
between the North Carolina Department of Environment and Natural Resources, the
North Carolina Department of Transportation, and the U. S. Army Corps of Engineers,
fully executed on March 8, 2007. If the above referenced impact amounts are revised,
then this mitigation acceptance letter will no longer be valid and a new mitigation
acceptance letter will be required from EEP.
North Carolina Ecosystem Enhancement Prnoram. 165? Mail Sarvira lamer RalPiah Nt' ?7699-165?
~~A
. NCDENR
l 9!9.715.Od76 / www nraan nat

If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
~-.
William D. Gilmore, P.E.
EEP Director
cc: Mr. David Baker, USACE -Asheville
Mr. John Hennessy, Division of Water~Quality, Wetlands/401 Unit
File: B-386

t
March 29, 2007
Mr. David Baker
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Dear Mr. Baker:
Subject: EEP Mitigation Acceptance Letter:
~ECE~VEC~-
~P~ - ~1~
Dit''~
PDEA•OFFi~ : ._~.;~
B-3956, Replace Bridge Number 335 over Mud Creek on SR 1238,
Henderson County; French Broad River Basin (Cataloging Unit
06010105); Southern Mountains (SM) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide the compensatory stream mitigation for the unavoidable impact associated
with the above referenced project. As indicated in the NCDOT's mitigation request dated March
16, 2007, compensatory stream mitigation from EEP is required for approximately 50 feet of
stream impacts.
Compensatory stream mitigation associated with this project will be provided in
accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement between
the N. C. Department of Environment and Natural Resources, the N. C. Department of
Transportation, and the U. S. Army Corps of Engineers fully executed on March 8, 2007 (Tri-
Party MOA). EEP commits to implement sufficient compensatory stream mitigation up to 100
stream credits to offset the impacts associated with this project by the end of the MOA year in
which this project is permitted. If the above referenced impact amounts are revised, then this
mitigation acceptance. letter will no longer be valid and a new mitigation acceptance letter will be
required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely, _~~ ~~
~~ C~~~%J
U 9
Wi D. Gilmore, P.E.
EEP Director
cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-3856
ern
North Carolina Ecosystem Enhancement Program, Ib52 Mai! Service tenter, Raieieh. NC 27699-1652 / 919.715- NCDENR nrnnn ncr

State Project: WBS 33303.1.1 (B-3856 )
McDowell County
ON-SITE STREAM RELOCATION SUMMARY
In addition to the removal and replacement of Bridge No. 335 on Pearl Lane (SR 1238),
the project includes the relocation of two unnamed tributaries to Mud Creek that parallel
the project. These streams are identified as Site 1 and Site 3 in the impact summary, and
are further described below.
Site 1 Existing Condition
This stream parallels Pearl Lane to the west and south of Mud creek and drains 47 acres.
It enters the project area through a 30" metal drive pipe and flows for 310 feet before
entering Mud Creek.. Within the project limits, the stream has a 2' base with a slope that
varies from about 2% to 4%. The Rosgen classification is "G". Herbaceous vegetation,
periodically mowed, exists along both banks of the channel. The project will require the
relocation of 215 feet of this stream.
Site 3 Existing Condition
This stream parallels Pearl Lane to the east and north of Mud creek and drains 100 acres.
It enters the project area through a 36" concrete pipe under SR 1127 and flows for 350
feet before entering Mud Creek. In the vicinity of the project, the stream has a 3' base
with a slope of 1.9%. The Rosgen classification is "G". Herbaceous vegetation,
periodically mowed, exists along both banks of the channel. The project will require the
relocation of 165 feet of this stream.
Proposed Conditions
The existing stream slopes will be replicated for both streams. Function and stability will
be enhanced using natural stream design techniques. These include constructing a
bankfull bench to provide flood relief at bankfull stage, and using rock cross vanes to
establish grade control. Because of the small drainage areas of these two streams,
bankfull dimensions were verified by hydrologic and hydraulic techniques instead of the
regional curves. The proposed stream will have a Rosgen classification of "E4b".
The relocated channel will be reforested and preserved with permanent right of way and
easements.

NORTH CAROLINA
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BRIDGE N0.335 ON SR 1238
OVER MUD CREEg
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HENDERSON COUNTY
PROJECT: 8.2952301 (83856)
BRIDGE N0.335 ON SR 1238
OVER MUD CREEg
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NAMES AND ADDRESSES
PARCEL N®.
NAMES
ADDRESSES
1 James R. McDowell
Juanita Cole McDowell
Charles A. Barker, Jr
2 Evelyn Barker
Pearl B McDowell
3 Grover Franklin Goggins
Toshi Goggins
4 Cora A. Mundy
Rt. 3 Box 200
Hendersonville, NC 28739
288 Pearl Lane
Hendersonville, NC 28739
Rt. 3 Box 198
Hendersonville, NC 28739
P.O. Box 683
East Flat Rock, NC 28768

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y

Henderson County
Bridge No. 335 on SR 1238
Over Mud Creek
Federal Project BRZ-1238(2)
State Project 8.2982301
TIP No. B-3856
CATEGORICAL EXCLUSION
UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
APPROVED:
1l ~~ ~
l D :~3 ~ ^~-/titer lc
D TE ~ ~)~Gregory J. Thorpe, Ph.D.,
Environmental Management Director, PDEA
~ o X23 'I'~
DATE John F. Sullivan, III
Division Administrator, FHWA

Henderson County
Bridge No. 335 on SR 1238
Over Mud Creek
Federal Project BRZ-1238(2)
State Project 8.2982301
TIP No. B-3856
CATEGORICAL EXCLUSION
Documentation Prepared in
Project Development and Environmental Analysis Branch By:
October 2003
~~~ ~ 7~~
lvit Gv~
J L. Williams, P. E.
Project Planning Engineer
f
William T. Goo win Jr., P. E., U ' ead
Bridge Replacement Unit

PROJECT COMMITMENTS:
B-3856, Henderson County
Bridge No. 335 on SR 1238
Over Mud Creek
Federal Project BRZ-1238(2)
State Project 8.2982301
Hydraulics Unit
The Wildlife Resource Commission has indicated that Mud Creek is not a trout stream
but still has concerns for fish and wildlife passage. They recommend that the culvert
should be designed to allow for fish passage by burying the bottom of any culvert or pipe
by at least 1 foot below the natural streambed. If this is not possible the Hydraulics Unit
should coordinate with the WRC on the stream design.
The Wildlife Resource Commission has also requested that any culverts or pipes should
be situated such that it does not involve either channel realignment. They assert that
these design features can have an undesirable change in water depth and water velocity.
Structure Design
This project will require a TVA Permit.
Categorical Exclusion Page 1 of 1
Green Sheet
October 2003

a
Henderson County
Bridge No. 335 on SR 1238
Over Mud Creek
Federal Project BRZ-1238(2)
State Project 8.2982301 . ,
TIP No. B-3856
INTRODUCTION: Bridge No. 335 is included in the 2004-2010 North Cazolina Department of
Transportation (NCDOT) Transportation Improvement Program and in the Federal-Aid Bridge
Replacement Program. The location is shown in Figure 1. No substantial environmental impacts
aze anticipated. The project is classified as a Federal "Categorical Exclusion".
I. PURPOSE AND NEED STATEMENT
Bridge Maintenance Unit records indicate the bridge has a sufficiency rating of 43.1 out of a
possible 100 for a new structure. The bridge is 35 years old, constructed entirely of timber, and
considered to be structurally deficient. The width of the bridge is 7 feet (2.1 meters) less than
present day standards and therefore functionally obsolete. The replacement of this inadequate
structure will result in safer traffic operations.
II. EXISTING CONDITIONS
The project is located in southwestern rural Henderson County (see Figure 1). Development in
the azea is agricultural and residential in nature.
SR 1238 (Peazl Lane) is a paved road classified as rural local route in the Statewide Functional
Classification System. This route is not a designated bicycle route and there is no indication that
an unusual number of bicyclists use this roadway.
In the vicinity of the bridge, SR 1238 has an 18-foot (5.5-meter) pavement width with 2-foot
(0.6-meter) grass shoulders (see Figures 3 and 4). The roadway grade is in a sag vertical curve
through the project azea. The existing bridge is on a tangent. SR 1238 is a dead end road. The
roadway is situated approximately 10 feet (3.0 meters) above the creek bed.
Bridge No. 335 is a three-span structure that consists of timber floor on timber joists with an
asphalt wearing surface. Both the end bents and interior bents consist of timber caps on timber
piles. The existing bridge (see Figure 3) was constructed in 1967. The overall length of the
structure is 47 feet (14.3 meters). The clear roadway width is 19.0 feet (5.8 meters). The posted
weight limit on this bridge is 15 tons for single vehicles and 22 tons for TTST's.
There are no utilities attached to the existing structure, but an underground phone line becomes
aerial across the creek on the west side of the bridge. Utility impacts aze anticipated to be low.
The current traffic volume of 200 vehicles per day (VPD) is expected to increase to 400 VPD by
the year 2025. The projected volume includes one percent truck-tractor semi-trailer (TTST) and

two percent dual-tired vehicles (DT). There is no posted speed limit and therefore subject to a
statutory 55 mile (90 kilometer) per hour speed limit in the project azea.
There have been no accidents reported in the vicinity of Bridge No. 335 during a recent three-
year period.
There are no school busses currently using the bridge.
III. ALTERNATIVES
A. Project Description
The replacement structure will consist of a double barrel, 9-foot (2.7-meter) wide by 9-foot (2.7-
meter) high reinforced concrete box culvert.
- The roadway will be designed as according to the AASHTO publication: Guidelines for
Geometric Design of Yery Low-Volume Local Roads. Therefore the structure will be of
sufficient length to provide two 9-foot (2.7-meter) lanes with 4-foot (1.2-meter) shoulders on
each side. The shoulder widths will be increased by 3 feet (1 meter) where guazdrail is
warranted. The roadway grade of the new structure will be approximately the same as the
existing grade at this location. The design speed will be 40 miles per hour (65 kilometers per
hour). A design exception is anticipated for vertical alignment.
B. Reasonable and Feasible Alternatives
One build alternative for replacing Bridge No. 335 was studied and is described below.
Replace the structure along the existing roadway alignment. Traffic will be maintained on a
temporary onsite detour 56 feet (17 meters) to the west of the existing bridge. The temporary
structure will be a pair of 60-inch (1500-millimeter) corrugated steel pipes. Improvements to the
approach roadways will be required for a distance of approximately 400 feet (122 meters) to the
east and west of the structure.
All other build alternates would involve more significant impacts to the surrounding human and
natural environment. Anew alignment to either side might be somewhat less costly but would
have greater environmental impacts and introduce an undesirable alignment. A temporary onsite
detour to the east would require even further modification of the private road that intersects with
SR 1238 on the southeast corner of the bridge. Therefore, the only practical build alternate is to
replace the bridge on the existing location maintaining traffic with a temporary onsite detour to
the west.
C. Alternatives Eliminated From Further Consideration
The "do-nothing" alternative will eventually necessitate closure of the bridge. This is not
acceptable because SR 1238 is a dead end road and several residences and businesses aze located
along SR 1238 past the bridge.
2

Timber structures typically do not last beyond 30 to 40 years of age due to the natural
deterioration rates of wood. Rehabilitation of a timber structure is generally practical only when
a few members are damaged or prematurely deteriorated. However, past a certain degree of
deterioration, timber structures become impractical to maintain and are programmed for
replacement.
D. Preferred Alternative
Bridge No. 335 will be replaced at the existing location with a box culvert as described in
Section A above and as illustrated in Figure 2. Because SR 1238 is a dead-end road, traffic will
be placed on a temporary onsite detour alignment to the west of the existing bridge. This
proposal will provide the best alignment while having minimal impact on the floodplain and on
adjacent properties.
The NCDOT Division 14 Engineer concurs with this recommendation.
IV. ESTIMATED COSTS
The estimated costs are as follows for the build alternative:
Item Cost
Roadway Approaches & Side Road $ 226,000
StruCtlire (Box Culvert) 90,QQQ
Existing Structure Removal 8,000
Detour Approaches (Construct & Remove) 161,500
Detour Structure (Pipes) 10,000
Misc. & Mob. 231,000
Eng. & Contingencies 178,000
Total Construction Cost $ 1,150,000
Right-of--way Costs $ 60,000
Total Project Cost $ 1,210,000
3

t
V. NATURAL RESOURCES
PHYSICAL RESOURCES
Soil and water resources that occur in the project area aze discussed below. Soils and availability
of water directly influence composition and distribution of flora and fauna in any biotic
community.
The project azea lies within the Blue Ridge Mountain Physiographic Province. The topography
in this section of Henderson County is characterized by mountain ranges, isolated peaks, lazge
rolling valleys, and stream floodplains. Project elevation is approximately 2,200 feet (670)
above mean sea level (msl).
Soils
Four soil series occur within the project azea: Codorus loam, Delanco loam, Tate fine sandy
loam, and Rosman loam. Soil phase description information was obtained from the Soil Survey
of Henderson County, North Carolina (1980). They aze as follows:
• Codorus loam is a neazly level, moderately well drained to somewhat poorly drained soil
found in slight depressional azeas on wide and narrow floodplains. Permeability is moderate
and the seasonal high water table occurs 1 to 2 feet (0.3 to 0.6 meters) below the surface for
two to six months in most yeazs. Wetness and flooding aze the major limitations for this soil
type.
• Delanco loam with 2 to 7 percent slopes is a moderately well drained soil found on somewhat
elevated stream terraces and at the head of small drainage ways. Permeability is moderate
and the seasonal high water table occurs at a depth of 30 inches (76 centimeters) for two to
three months in most yeazs. The seasonal high water table is the main limitation for this soil
type.
• Tate fine sandy loam with 2 to 7 percent slopes is a well drained soil found on smooth foot
slopes and in lower coves. Permeability is moderate and the seasonal high water table occurs
at a depth of more than 6 feet (1 meters). There are no major limitations for this soil type.
• Rosman loam is a neazly level, well drained and moderately well drained soil found in
slightly elevated positions commonly adjacent to streams on wide floodplains. Permeability
is moderately rapid and the seasonal high water table occurs below a depth of 4 feet (1.2
meters). The seasonal high water table and flooding aze the major limitations for this soil
type.
4

Water Resources
This section contains information concerning those water resources within the project azea.
Water resource information encompasses physical aspects of the resource, its relationship to
major water systems, Best Usage Standazds, and water quality of the resources. Surface water
resources and minimization methods aze also discussed.
Surface Water Characteristics
Mud Creek, an unnamed tributary to Mud Creek, and a roadside canal are surface water
resources within the project azea. These water resources are located in sub-basin 04-03-02 of the
French Broad River Basin. The average baseflow width of Mud Creek is approximately 5.00
feet (1.5 meters). Average depth is approximately 7 inches (18 centimeters). The average
baseflow width of the tributary of Mud Creek is 3 feet (0.9 meters), with an average depth of 4
inches (10 centimeters). The average baseflow width of the roadside canal is 2.5 feet (0.8
meters), with an average depth of 4 inches (10 centimeters). The substrates of Mud Creek, the
tributary to Mud Creek, and the roadside canal aze composed of silt and gravel. For all
conveyances, flows are moderate and water clarity is fair.
Best Usage Classification
All streams have been assigned a best usage classification by the N.C. Division of Water Quality.
The classification of Mud Creek in the project azea is C (NCDENR, 2000). Class C refers to
waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation,
and agriculture.
Neither High Quality Waters (HQW), Water Supplies (WS-I: undeveloped watersheds or
WS-II: predominately undeveloped watersheds) nor Outstanding Resource Waters (ORW)
occur within 1.0 mile (1.6 kilometers) of the project area.
Water Quality
The DWQ has initiated abasin-wide approach to water quality management for each of the 17
river basins within the state. To accomplish this goal the DWQ collects biological, chemical,
and physical data that can be used in basinwide assessment and planning. All basins are.
reassessed every five yeazs. Prior to the implementation of the basinwide approach to water
quality management, the Benthic Macro invertebrate Ambient Network (BMAN) assessed water
quality by sampling for benthic macroinvertebrate organisms at fixed monitoring sites
throughout the state. There is no BMAN station located on Mud Creek within 1.00 mile
(1.61 kilometers) of the project area.
Many benthic macroinvertebrates have life cycle stages that can last from six months to one yeaz.
Therefore, the adverse effects of a toxic spill may not be overcome until the next generation.
Different taxa of macroinvertebrates have different tolerances to pollution, therefore, long-term
changes in water quality conditions can be identified by population shifts from pollution
5

sensitive to pollution tolerant organisms (and vice versa). Overall, the species present, the
population diversity, and the biomass aze reflections of long-term water quality conditions.
In North Cazolina, point source dischazgers aze permitted through the National Pollutant
Dischazge Elimination System (NPDES) Program. Permits aze required for all point source
dischazges. There is no point source discharger on Mud Creek within 1.0 mile (1.6
kilometers) of the project area.
Ecological Impacts
Replacing an existing structure in the same location with a road closure during construction is
almost always preferred. It poses the least risk to aquatic organisms and other natural resources.
Bridge replacement at a new location usually results in greater impacts. Usually, project
construction does not disturb the entire right-of--way; therefore, actual impacts will be less than
reported in Table 1.
Project construction may result in the following impacts to surface waters:
1. Increased sedimentation and siltation from demolition debris and/or erosion resulting
from vegetation removal and soil disturbance during construction,
2. Changes in light incidence and water clarity due to increased sedimentation and
vegetation removal,
3. Alteration of water levels and flows due to interruptions and/or additions to surface and
ground water flow from construction,
4. Changes in water temperature due to increased sun and wind exposure resulting from
streamside vegetation removal,
5. Increased nutrient loading from the stormwater runoff of azeas disturbed during
construction, and/or
6. Increased input of toxic compounds from demolition, construction, toxic spills, and
highway runoff.
Precautions must be taken to minimize impacts to water resources in the project area. The
NCDOT's Best Management Practices (BMP) for the Protection of Surface Waters must be
strictly enforced during the construction stage of the project. Guidelines for these BMPs
include, but are not limited to minimizing built upon area and diverting stormwater away
from surface water supply waters as much as possible. Provisions to prevent water
resource contamination by toxic substances during the demolition and construction phases
must also be strictly enforced.
a
6

BIOTIC RESOURCES
Biotic resources include aquatic and terrestrial ecosystems. This section describes those
ecosystems encountered in the project area, as well as, the relationships between flora and fauna
within these ecosystems. Composition and distribution of biotic communities throughout the
project area aze reflective of topography, hydrologic influences, and past and present land uses in
the project azea. Descriptions of the terrestrial systems aze presented in the context of plant
community classifications and follow descriptions presented by Schafale and Weakley (1990)
where possible. Dominant flora and fauna observed, or likely to occur, in each community aze
described and discussed.
Scientific nomenclature and common names (when applicable) aze provided for each plant and
animal species described. Plant taxonomy generally follows Radford et al. (1968). Animal
taxonomy follows Martof et al. (1980), Potter et al. (1980), and Webster et al. (1985).
Subsequent references to the same organism will include the common name only. Fauna
observed during the site visits aze denoted with an asterisk (*). Published range distributions and
habitat analysis are used in estimating fauna expected to be present within the project azea.
Terrestrial Communities
Two' distinct terrestrial communities are identified in the project azea: early successional and
maintained/disturbed. Faunal species likely to occur within the project area will exploit all
community types for shelter, foraging opportunities, and/or as wildlife corridors.
Early Successional
The early successional community is adjacent to the maintained/disturbed community for the
length of the project azea and also occurs adjacent to the banks of Mud Creek, the tributary to
Mud Creek, and the roadside canal. The canopy of this community is composed of tag alder
(Alnus serrulata), black cherry (Prunus serotina), red maple (Ater rubrum), and dogwood
(Corpus Florida). Shrubs and herbaceous vegetation found in this community type include
Chinese privet (Ligustrum sinense), blackberry (Rubus argutus), rose (Rosa sp.), pokeweed
(Phytolacca americana), sumac (Rhus sp.), and broom sedge (Andropogon virginicus). Vines
include Japanese honeysuckle (Lonicera japonica) and greenbrier (Smilax rotundifolia).
Avian species associated with this community type include: field sparrow* (Spizella pusilla),
black-capped chickadee (Parus atricapillus), chestnut-sided warbler (Dendroica pensylvanica),
and dazk-eyed junco (Junco hyemalis).
Wildlife species associated with this community type include white-tailed deer (Odocoileus
virginianus), gray squirrel (Sciurus carolinensis), northern short-tailed shrew (Blarina
brevicauda), New England cottontail (Sylvilagus transitionalis), white-footed mouse
(Peromyscus leucopus), and raccoon* (Procyon lotor).
7

Maintained/Disturbed
The maintained/disturbed community encompasses azeas of pasture, a residential lot, and
roadside shoulders. The pastures aze located south of Mud Creek on both sides of SR 1238, _The
maintained lot is located north of Mud Creek and west of SR 1238. The roadside shoulders exist
along SR1238 for the entire length of the project azea. The maintained/disturbed community is
predominantly vegetated by grass (Festuca sp.). Faunal species frequenting the
maintained/disturbed community will include those inhabiting the eazly successional community.
Aquatic Communities
Mud Creek, the tributary to Mud Creek, and the roadside canal aze aquatic communities located
within the project area. Physical chazacteristics of a water body and the condition of the water
resource influence faunal composition of aquatic communities. Terrestrial communities adjacent
to a water resource also greatly influence aquatic communities. Vegetation along the banks of
Mud Creek, the tributary to Mud Creek, and the roadside canal includes those species present in
the early successional community.
Fauna associated with these aquatic communities includes various invertebrate and vertebrate
species. Aquatic species likely to occur in Mud Creek include gizzard shad (Dorosoma
cepedianum), central stoneroller (Campostoma anomalum), grass carp (Ctenopharyngodon
idella), creek chub (Semotilus atromaculatus), eastern ribbon snake (Thamnophis sauritus),
pickerel frog (Rana palustris), and two-lined salamander (Eurycea bislineata). Invertebrates that
would be present include various species of caddisfly (Trichoptera), mayfly (Ephemeroptera),
crayfish (Decapoda), dragonfly (Odonata), and damselfly (Odonata).
Habitat Summary
Construction of the subject project will have various impacts on the biotic resources described.
Any construction related activities in or near these resources have the potential to impact
biological functions. Table 1 quantifies the habitat communities within the project azea.
8

Table 1. Habitat Within
Eazly Successional - 0.31 ac (0.13 ha) 0.31 ac (0.13 ha)
Maintained/Disturbed - 0.48 ac (0.19 ha) 0.48 ac (0.19 ha)
Roadside Canal - - 0.03 ac (0.01 ha)
Tributary of Mud Creek - - 0.01 ac (0.004 ha)
Mud Creek - - 0.01 ac (0.004 ha)
Total 0.00 ac (0.00 ha) 0.79 ac (0.32 ha) 0.84 ac (0.338 ha)
ac -acres (ha -hectares)
Plant communities found within the proposed project azea serve as nesting and sheltering habitat
for various wildlife species. Replacing Bridge No. 335 and its associated improvements may
reduce habitat for some faunal species. However, due to the size and scope of this project, it is
anticipated that impacts to fauna will be minimal.
Areas modified by construction (but not paved) will become road shoulders and eazly succession
habitat. Reduced habitat may displace some wildlife further from the roadway while attracting
other wildlife by the creation of eazly successional habitat. Animals temporarily displaced by
construction activities may repopulate azeas suitable for the species.
Aquatic communities are sensitive to even small changes in their environment. Stream
channelization, scouring, siltation, sedimentation, and erosion from project-related work may
affect water quality and biological constituents. Although direct impacts may be temporary,
environmental impacts from these construction processes may result in long term or irreversible
effects.
Impacts often associated with in-stream construction include increased channelization and
scouring of the streambed. In-stream construction alters the stream substrate and may remove
streamside vegetation at the site. Disturbances to the substrate will produce siltation, which in
excessive amounts can clog the gills and/or feeding mechanisms of benthic organisms (sessile
filter-feeders and deposit-feeders), fish, and amphibian species. Benthic organisms may also be
covered by excessive amounts of sediment. Some of these organisms may be slow to recover or
repopulate a stream.
The removal of streamside vegetation and placement of fill material at the construction site alters
the terrain. Alterations of the streambank enhance the likelihood of erosion and sedimentation.
Revegetation stabilizes and holds the soil thus mitigating these processes. Erosion and
sedimentation carry soils, toxic compounds, and other materials into aquatic communities at the
construction site. These processes increase turbidity and can cause the formation of sandbars at
the site and downstream, thereby altering water flow and the growth of vegetation. Streamside
clearing also leads to more direct sunlight penetration causing elevations in water temperatures,
which may impact some species.
9

JURISDICTIONAL TOPICS
This section provides descriptions, inventories, and impact analysis pertinent to two important
issues: "Waters of the United States" and rare and protected species.
Waters of the United States
Surface waters and jurisdictional wetlands fall under the broad category of "Waters of the United
States," as defined in Section 33 of the Code of Federal Regulations (CFR) Part 328.3.
Wetlands, defined in 33 CFR 328.3, aze those azeas that aze inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and under normal circumstances
do support, a prevalence of vegetation typically adapted to life in saturated conditions. Any
action that proposes to place fill into these azeas falls under the jurisdiction of the U.S. Army
Corps of Engineers (LTSACE) under Section 404 of the Clean Water Act (33 U.S.C. 1344).
Wetlands and Surface Waters
Potential wetland communities were investigated pursuant to the 1987 Corps of Engineers
Wetlands Delineation Manual. The three-pazameter approach was used. Hydric soils,
hydrophytic vegetation, and certain specific hydrologic characteristics must all be present for an
azea to be considered a wetland. Wetlands are not present within the project area.
Mud Creek, a tributary to Mud Creek, and a roadside canal are surface waters under Section 404
of the Clean Water Act (33 USC 1344). Mud Creek covers 0.01 acres (0.004 hectazes) and 82
lineaz feet (24 linear miles) of the project area. The tributary to Mud Creek covers 0.01 acres
(0.004 hectares) and 180 lineaz feet (55 linear meters) of the project area. The roadside canal
covers 0.03 acres (0.01 hectazes) and 335 lineaz feet (102 lineaz meters) of the project azea.
Discussion of the biological, physical, and water quality aspects of all surface waters in the
project azea aze presented in previous sections of this report.
Permits
Impacts to jurisdictional surface waters aze anticipated from the proposed project. As a result,
construction activities will require permits and certifications from various regulatory agencies in
charge of protecting the water quality of public water resources.
Nationwide Permit 23 (33 CFR 330.5(a) (23)) is likely to be applicable for all impacts to "Waters
of the United States" resulting from the proposed project. This permit authorizes activities
undertaken, assisted, authorized, regulated, funded, or financed in whole or part by another
federal agency or department where that agency or department has determined that pursuant to
the Council on Environmental Quality regulation for implementing the procedural provisions of
the National Environmental Policy Act:
• the activity, work, or dischazge is categorically excluded from environmental
documentation because it is included within a category of actions which neither
individually nor cumulatively have a significant effect on the human environment, and
10

• the office of the Chief of Engineers has been furnished notice of the agencies or
department's application for the categorical exclusion and concurs with that
determination.
This project will also require a 401 Water Quality Certification from the DWQ prior to the
issuance of the Nationwide Permit. Section 401 of the Clean Water Act requires that the state
issue or deny water certification for any federally permitted or licensed activity that may result in
a dischazge to "Waters of the United States." Section 401 Certification allows surface waters to
be temporarily impacted for the duration of the construction or other land manipulation. The
issuance of a 401 permit from the DWQ is a prerequisite to issuance of a Section 404 permit.
A North Carolina Division of Water Quality (DWQ) Section 401 Water Quality General
Certification is required prior to the issuance of the Section 401 Individual Permit. Since the
proposed project is located in a designated "Trout" county, the authorization of a nationwide
permit by the COE is conditioned upon the concurrence of the Wildlife Resource Commission
(WRC).
The proposed project is located in the Tennessee Valley Authority's (TVA) Land
Management District. A permit pursuant to Section 26a of the TVA Act, is required for all
construction or development involving streams or floodplains in the Tennessee River
drainage basin.
Bridge Demolition
Bridge No. 335 is composed entirely of timber. Therefore there will be no fill in "Waters of the
United States" resulting from bridge demolition.
Mitigation
The COE has adopted, through the Council on Environmental Quality (CEQ), a wetland
mitigation policy that embraces the concept of "no net loss of wetlands" and sequencing. The
purpose of this policy is to restore and maintain the chemical, biological, and physical integrity
of "Waters of the United States," specifically wetlands. Mitigation of wetland impacts has been
defined by the CEQ to include avoiding impacts (to wetlands), minimizing impacts, rectifying
impacts, reducing impacts over time, and compensating for impacts (40 CFR 1508.20). Each of
these three aspects (avoidance, minimization, and compensatory mitigation) must be considered
sequentially.
Avoidance
Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts
to "Waters of the United States." According to a 1990 Memorandum of Agreement (MOA)
between the Environmental Protection Agency (EPA) and the COE, in determining "appropriate
and practicable" measures to offset unavoidable impacts, such measures should be appropriate to
the scope and degree of those impacts and practicable in terms of cost, existing technology, and
logistics in light of overall project purposes.
11

Minimization
Minimization includes the examination of appropriate and practicable steps to reduce the adverse
impacts to "Waters of the United States." Implementation of these steps will be required through
project modifications and permit conditions. Minimization typically focuses on decreasing the
footprint of the proposed project through the reduction of median widths, right-of--way widths,
fill slopes, and/or road shoulder widths. Other practical mechanisms to minimize impacts to
"Waters of the United States" crossed by the proposed project include: strict enforcement of
sedimentation control BMP's for the protection of surface waters during the entire life of the
project; reduction of clearing and grubbing activity; reduction/elimination of direct dischazge
into streams; reduction of runoff velocity; re-establishment of vegetation on exposed azeas;
judicious pesticide and herbicide usage; minimization of "in-stream" activity; and litter/debris
control.
Compensatory Mitigation
Compensatory mitigation is not normally considered until anticipated impacts to "Waters of the
United States" have -been avoided and minimized to the maximum extent practicable. It is
recognized that "no net loss of wetlands" functions and values may not be achieved in each and
every permit action. Appropriate and practicable compensatory mitigation may be required for
unavoidable; adverse impacts that remain after all appropriate and practicable minimization has
been performed. Compensatory actions often include restoration, creation, and enhancement of
"Waters of the United States." Such actions should be undertaken in areas adjacent to or
contiguous to the dischazge site whenever practicable. Compensatory mitigation is not usually
necessary with a Nationwide Permit No. 23. Impact thresholds for mitigation are as follows:
• 0.10 to 1.00 acre (0.04 to 0.40 hectares) of wetland impacts ~ require mitigation;
• 1.OOac (0.40 hectares) or more of wetland impacts will require mitigation;
• 150.00 linear feet (45.721inear miles) or more of stream impacts will require mitigation.
Rare and Protected Species
Some populations of flora and fauna have been in, or aze in, the process of decline either due to
natural forces or their inability to coexist with human activities. Federal law (under the
provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to
adversely affect a species classified as federally protected, be subject to review by the U.S. Fish
and Wildlife Service (FWS). Other species may receive additional protection under sepazate
state laws.
Federally-Protected Species
Plants and animals with federal classifications of Endangered (E), Threatened (T),
Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the
provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended.
As of January 29, 2003, the FWS lists six federally-protected species for Henderson County
12

(Table 2). A brief description of the characteristics and habitat requirements for these
species along with a conclusion regarding potential project impacts follows.
Table 2. Federally-protected species of Henderson County
~~~~~~
eta ~rtnctstne, m~nn;l~tam ,.a , F`ede~ra~ Status .
Clemm s muhlenber i
y ~ Bo turtle
g
Threatened (S/A)
Isotria medeoloides Small-whorled pogonia Threatened
Helonias bullata Swamp pink Threatened
Sagittaria fasciculata Bunched arrowhead Endangered
Sarracenia jonesii Mountain sweet pitcher plant Endangered
Sisyrinchium dichotomum White irisette Endangered
Endangered - A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened - A taxon "likely to become endangered within the foreseeable future throughout all or a significant
portion of its range."
Threatened (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.
Clemmys muhlenbergii (bog turtle) Threatened (S/A)
Family: Emydidae
Federally Listed: December 1, 1997
The bog turtle is North Cazolina's smallest turtle, measuring 3 to 4 inches (8 centimeters to 10
centimeters) in length. It has a dark brown cazapace and a black plastron. The bright orange or
yellow blotch on each side of the head and neck is a readily identifiable chazacteristic. The bog
turtle inhabits damp grassy fields, bogs, and marshes in the mountains and western Piedmont.
The bog turtle is shy and secretive, and will burrow rapidly in mud or debris when disturbed.
The bog turtle forages on insects, worms, snails, amphibians, and seeds. In June or July, three to
five eggs aze laid in a shallow nest in moss or loose soil. The eggs hatch in about 55 days.
The bog turtle is listed as Threatened due to Similarity of Appearance (T S/A). This is due to its
similarity of appearance to another raze species that is listed for protection. T S/A species are not
subject to Section 7 consultation and a biological conclusion for this species is not required.
Isotria medeoloides (small-whorled pogonia) Endangered
Family: Orchidaceae
Federally Listed: September 10, 1982
The small-whorled pogonia was known historically from Maine to Georgia, with the exception of
Delawaze, along the eastern seaboard and in Michigan, Illinois, and Missouri. In North Cazolina
it is found in the Nantahala National Forest, Macon County, and near the town of Flat Rock in
Henderson County.
This perennial orchid has long pubescent roots and a hollow stem 4 to 10 inches (10 to 25
centimeters) tall. Stems terminate in a whorl of five to six light green, elliptical leaves. Leaves
13

measure approximately 3 inches by 1 inches (7 centimeters by 3 centimeters). One to two light
green flowers aze produced at the end of the stem from mid-May to mid-June. Flowers have
short sepals that are only 1 inch (2 centimeters) in length.
The small-whorled pogonia grows in "second growth deciduous" or deciduous-coniferous
forests, with an open canopy, open shrub layer, and spazse herb layer. It prefers acidic soils.
Flowering is inhibited in areas where there is relatively high shrub coverage or high sapling
density.
BIOLOGICAL CONCLUSION: NO EFFECT
The deciduous-coniferous forests, with an open canopy, open shrub layer, and spazse herb layer
required by the small-whorled pogonia aze not present in the project area. A plant by plant
survey was not conducted for this species nor were any observed during the November 14, 2001
site investigation. Additionally, a review of the North Carolina Natural Heritage Program
database on November 9, 2001 revealed no records of existing populations of the small-whorled
pogonia within 1.00 mile (1.61 kilometers) of the project area. Therefore, project construction
will not affect the small-whorled pogonia.
Helonias bullata (swamp pink) Threatened
Plant Family: Liliaceae
Federally Listed: September 9, 1988
Flowers Present: May (first half)
Swamp pink, a fresh water wetland plant, once occurred in wetlands from New York to Georgia.
It is now believed to be extirpated from New York. Of the 60 known populations, seven are
found in North Cazolina. The North Cazolina populations are limited to bogs in the southern
Appalachians in Transylvania, Jackson, and Henderson counties.
This perennial plant grows from tuberous rhizomes. It has lance-shaped, smooth, evergreen
leaves that grow in a basal rosette. The hollow stem, 12 to 24 inches (30 to 60 centimeters) in
length, is topped with a short, dense, spike-like raceme of pink or purplish flowers. The fruit is a
three lobed, papery capsule, 0.1 to 0.2 inches (0.2 to 0.5 centimeters) long, and 0.4 to 0.5 inches
(1.0 to 1.3 centimeters) wide.
This species is found in freshwater wetland azeas including spring seepage, swamps, bogs,
meadows, and along the mazgins of meandering streams. Soils it occurs in aze described as being
slightly acidic (pH: 4.2 to 4.9), having a thin layer of decomposed organic matter, underlain by a
black to dark gray silt loam that is slightly sticky, with many small roots, and fine mica chips.
Populations aze found in azeas with varying amounts of shade although populations in open areas
are less vigorous due to increased competition from other species.
BIOLOGICAL CONCLUSION: NO EFFECT
The freshwater wetlands required by the swamp pink aze not present in the project azea. A plant
by plant survey was not conducted for this species nor were any observed during the November

14

14, 2001 site visit. Additionally, a review of the North Carolina Natural Heritage Program
database on November 9, 2001 revealed no records of existing populations of the swamp pink
within 1.0 mile (1.6 kilometers) of the project area. Therefore, project construction will not
affect the swamp pink.
Sagittaria fascilulata (bunched arrowhead) Endangered
Plant Family: Alismataceae
Federally Listed: July 25, 1979
Flowers Present: April -June
This plant is found in North Carolina and South Carolina. It is presently known from only one
population in Henderson County, North Carolina and four populations in South Cazolina.
Historically it was found in seven additional locations in Henderson County along the French
Broad River Valley from south of East Flat Rock north to Asheville.
The bunched arrowhead is an immersed aquatic perennial herb that grows from 6.0 to 12.0 inches
(15.2 to 30.5 centimeters) in height. It has spatulate leaves that stem from the base of the plant.
The leaves aze 12. inches (30.5 centimeters) long and 0.8 inches (2.0 centimeters) wide. The
erect flowering stalk has both male and female flowers. Male flowers have three reflexed sepals,
three white petals, and numerous stamens with pubescent dilated filaments. Female flowers have
three spreading or reflexed sepals, three white petals, and numerous separate carpels. The
fruiting head is composed of numerous achenes that ascend from the stalks of the lowest whorl of
flowers.
The bunched arrowhead can be found in gently sloping bogs with a slow, continuous flow of
cool, clean water, underlain by a clay layer. In these bogs water temperatures are variable, soil
and water pHs aze between 4.8 and 6.6, and water depths aze constant. These plants occur
naturally in shaded sites, but smaller, less vigorous populations do occur in unshaded areas.
Soils are chazacterized as sandy loam below a muck layer ranging in depth from 10 to 24 inches
(25 to 60 centimeters).
BIOLOGICAL CONCLUSION: NO EFFECT
The gently sloping bogs required by the bunched arrowhead aze not present in the project azea.
A plant by plant survey was not conducted for this species nor were any observed during the
November 14, 2001 site visit. Additionally, a review of the North Cazolina Natural Heritage
Program database on November 9, 2001 revealed no records of existing populations of the
bunched arrowhead within 1.0 mile (1.6 kilometers) of the project azea. Therefore, project
construction will not affect the bunched arrowhead.
Sarracenia rubra var. jonsii (mountain sweet pitcher plant) Endangered
Plant Family: Sarraceniaceae
Federally Listed: March 10, 1988
Flowers Present: May (late)
is

The mountain sweet pitcher plant is found in bogs and streams in southwestern North Cazolina
and northwestern South Carolina. The four North Cazolina populations aze found in the French
Broad River drainage basin in Henderson and Transylvania counties. Although this species has
been reported in Buncombe County it is not known to currently survive there.
This insectivorous, rhizomatous, perennial herb grows from 9 to 29 inches (22 to 73 centimeters)
in height. It has numerous erect leaves that grow in clusters. Each leaf is shaped like a hollow,
trumpet shaped, almost tubulaz pitcher covered by a chordate hood. Pitchers aze a waxy dull
green color and reticulately veined with mazoon-purple. The inside of the pitcher is retrorsely
haired and usually partially filled with liquid and decaying insect parts. The mazoon colored
flowers aze borne singly on erect scapes and have recurving sepals. Fruits appeaz in August.
The mountain sweet pitcher plant is found in mountain bogs and along streamsides. This habitat
is chazacterized by deep, poorly drained wetlands with soils that aze combinations of loam, sand,
and silt, with a high organic content, and medium to highly acidic pH. Sites are intermittently
exposed to flooding. This plant is an eazly successional plant that relies on drought, water
fluctuation, periodic fire, and ice damage to maintain its habitat.
BIOLOGICAL CONCLUSION: NO EFFECT
The mountain bogs chazacterized by deep, poorly drained wetlands required by the mountain
sweet pitcher plant aze not present in the project azea. A plant by plant survey was not conducted
for this species nor were any observed during the November 14, 2001 site visit. Additionally, a
review of the North Cazolina Natural Heritage Program database on November 9, 2001 revealed
no records of existing populations of the mountain sweet pitcher plant within 1.0 mile (1.6
kilometers) of the project azea. Therefore, project construction will not affect the mountain
sweet pitcher plant.
Sisyrinchium dichotomum (white irisette) Endangered
Plant Family: Iridaceae
Federally Listed: October 28, 1991
Flowers Present: June
White irisette is endemic to the upper piedmont of North Cazolina. This herb is limited to an
azea bounded by White Oak Mountain, Sugaz Loaf Mountain, Chimney Rock, and Mekose
Mountain.
The white irisette is a perennial herb with dichotomously branching stems. The basal leaves aze
bluish green in color and aze one-third to one-half the overall height of the plant. White flowers
are borne at the ends of winged stems. The fruit is a round, pale to medium brown capsule
containing three to six round or elliptical black seeds.
The white irisette is found in sunny clearings and along the edges of upland woods where a thin
canopy is present. These open areas often occur where runoff has removed the deep litter layer
that is usually present. This herb occurs on rich, basic soils that aze probably weathered from
16

amphibolite. White irisette depends on a form of disturbance to maintain the open quality of its
habitat.
BIOLOGICAL CONCLUSION: NO EFFECT
The upland woods with a thin canopy where runoff has removed the deep litter layer required by
the white irisette are not present in the project azea. A plant by plant survey was not conducted
for this species nor were any observed during the November 14, 2001 site visit. Additionally, a
review of the North Carolina Natural Heritage Program database on November 9, 2001 revealed
no records of existing populations of the white irisette within 1.0 mile (1.6 kilometers) of the
project azea. Therefore, project construction will not affect the white irisette.
Federal Species of Concern and State Listed Species
Federal Species of Concern aze not afforded federal protection under the Endangered Species Act
and are not subject to any of its provisions, including Section 7, until they aze formally listed or
proposed as Threatened or Endangered. However, the status of these species is subject to
change, and therefore should be included for consideration. Federal Species of Concern (FSC)
are defined as a species that is under consideration for listing but for which there is insufficient
information to support listing. In addition, organisms, which are listed as Endangered (E),
Threatened (T), or Special Concern (SC) by the North Cazolina Natural Heritage Program list of
Raze Plant and Animal Species, aze afforded state protection under the N.C. State Endangered
Species Act and the N.C. Plant Protection and Conservation Act of 1979.
There are twenty Federal Species of Concern listed by the FWS for Henderson County. A
survey for these species was not conducted during the site visit, nor were any of these species
observed. A review of the NCNHP database of raze species and unique habitats on November 9,
2001 revealed one federal species of concern, Schweinitz's sedge (Carex schweinitzii), within 1.0
mile (1.6 kilometers) of the project azea. However, the occurrence of Schweinitz's sedge is
located outside of the project azea and therefore will not be impacted by project construction.
17

Table 3.
Myotis leibii
Aneides aeneus
of Coneern for Henderson County.
Cryptobranchus alleganiensis
Neotoma floridana haematoreia
Speyeria diana
Cambarus reburrus
Lasmigona holstonia
Narthecium americanum
Juglans cinerea
Senecio millefolium
Lysimachia fraseri
Hexastylis rhombiformis
Lilium grayi
Marshallia grandiflora
Silene ovata
Hexastylis contracta
Juncus caesariensis
Carex schweinitzii
Eastern small-footed bat
SC
Green salamander E
Hellbender SC
Southern Appalachian SC
woodrat
Diana fritillary butterfly SR
French Broad crayfish W2
Tennessee heelsplitter E
Bog asphodel C
Butternut WS
Divided-leaf ragwort T*
Fraser's loosestrife E**
French Broad heaztleaf C
Gray's lily T-SC*
Lazge-flowered Bazbaza's C*
buttons
No
No
No
No
Yes
No
No
No
No
No
Yes
No
No
No
Mountain catchfly C No
Mountain heartleaf E No
Rough rush E No
Schweinitz's sedge E No
Monotropsis odorata Sweet pinesap C** Yes
Plantantherea integrilabia White fringeless orchid E* No
"E"-- A taxon in danger of extinction throughout all or a significant portion of it's range.
"T" -- A taxon likely to become extinct within the foreseeable future throughout all or a significant portion of it's
range.
"C"--A Candidate species is one which is very rare in North Carolina, generally with 1-20 populations in the state,
generally substantially reduced in numbers by habitat destruction, direct exploitation or disease. The species is
also either raze throughout its range or disjunct in North Carolina from a main range in a different part of the
country or the world.
"SR"--A Significantly Rare species is one which is very raze in North Carolina, generally with 1-20 populations in the
state, generally substantially reduced in numbers by habitat destruction, direct exploitation, or disease. The
species is generally more common elsewhere in its range, occurring peripherally in North Carolina.
"SC"--A Special Concern species is one which requires monitoring but may be taken or collected and sold under
regulations adopted under the provisions of Article 25 of Chapter 113 of the General Statutes (animals) and
the Plant Protection and Conservation Act (plants). Only propagated material may be sold of Special Concern
plants that are also listed as Threatened or Endangered.
"W2"-- Includes species that are raze to uncommon in North Carolina, but aze not necessarily considered to be
declining or otherwise in trouble.
"WS"-- Includes species which have declined sharply in North Carolina, but which do not appeaz yet to warrant sit-
specific monitoring.
* -- Historic record -the species was last observed in the county more than 50 years ago.
* * -- Obscure record -the date the species was last observed within the county or quad is uncertain.
18

VI. CULTURAL RESOURCES
A. Compliance Guidelines
This project is subject to compliance with Section 106 of the National Historic Preservation Act
of 1966, as amended, implemented by the Advisory Council on Historic Preservation's
Regulations for Compliance with Section 106, codified at Title 36 CFR Part 800. Section 106
requires Federal agencies to take into account the effect of their undertakings (federally funded,
licensed, or permitted) on properties included in or eligible for inclusion in the National Register
of Historic Places and afford the Advisory Council a reasonable opportunity to comment on such
undertakings.
B. Historic Architecture
The State Historic Preservation Office (SHPO) reviewed the subject project. There aze no known
architectural or historic sites within the proposed project azea. The SHPO concurs that the
project is not likely to affect any resources of historical significance (see concurrence form dated
November 29, 2001).
C. Archaeology
The Office of State Archaeology (OSA) has reviewed the subject project and requested a field
investigation. NCDOT performed a field investigation that revealed no issues of concern. The
OSA concurred with these findings (see letter dated December 19, 2002).
VII. GENERAL ENVIRONMENTAL EFFECTS
The project is expected to have an overall positive impact. Replacement of an inadequate bridge
will result in safer traffic operations.
The project is considered to be a Federal "Categorical Exclusion" due to its limited scope and
lack of substantial environmental consequences.
The bridge replacement will not have an adverse effect on the quality of the human or natural
environment with the use of the current North Cazolina Department of Transportation standazds
and specifications.
The project is not in conflict with any plan, existing land use, or zoning regulation. No change in
land use is expected to result from the construction of the project.
No adverse impact on families or communities is anticipated. Right-of--Way acquisition will be
limited. No relocatees are expected with implementation of the proposed alternative.
No adverse effect on public facilities or services is expected. The project is not expected to
adversely affect social, economic, or religious opportunities in the area.
19

The proposed project will not require right-of--way acquisition or easement from any land
protected under Section 4(f) of the Department of Transportation Act of 1966.
The Farmland Protection Policy Act requires all federal agencies or their representatives to
consider the potential impact to prime farmland of all land acquisition and construction projects.
With the exception of the construction of a temporary detour, all work will be done within the
existing right-of--way. There are no soils classified as prime, unique, or having state or local
importance in the vicinity of the project. Therefore, the project will not involve the direct
conversion of farmland acreage within these classifications.
This project is an air quality "neutral" project, so it is not required to be included in the regional
emissions analysis and a project level CO analysis is not required.
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 Cazolina State Implementation Plan (SIP) for air quality in compliance with 15
NCAC 2D.0520. This evaluation completes the assessment requirements for highway traffic
noise of Title 23, Code of Federal Regulation (CFR), Part 772 and for air quality (1990 Clean Air
Act Amendments and the National Environmental Policy Act) and no additional reports aze
required.
An examination of records at the North Cazolina Department of Environment and Natural
Resources, Division of Environmental Management, Groundwater Section and the North
Carolina Department of Human Resources, Solid Waste Management Section revealed no
underground storage tanks or hazardous waste sites in the project azea.
Henderson County is a participant in the National Flood Insurance Program. There aze no
practical alternatives to crossing the floodplain area. Any shift in alignment will result in an
impact azea of about the same magnitude. The proposed project is not anticipated to increase the
level or extent of upstream flood potential.
On the basis of the above discussion, it is concluded that no substantial adverse environmental
impacts will result from implementation of the project.
VIII. AGENCY COMMENTS
A. Wildlife Resources Commission
In a January 31, 2002 letter to NCDOT the Wildlife Resources Commission, in a general
comment, requested that the existing bridge be replaced with a spanning structure.
Response: Standard NCDOT practice includes consideration of a replacement bridge during the
preliminary hydraulic evaluation for all bridge replacement projects. At smaller stream crossing
it is more economical to replace bridges with box culverts. Culverts cost less than bridges,
require less maintenance throughout their service life than bridges, and last longer than bridges.
20

Therefore, where appropriate NCDOT prefers to use box culverts to replace bridges. There aze
cases where special resources, such as trout waters, where NCDOT will defer to the request of a
bridge even though a culvert would serve the hydraulic need but this is not one of those
situations.
The proposed culvert will be designed according to current NCDOT design practices which
include such measures as buried box bottoms to facilitate fish passage, dry cell(s) to allow
wildlife passage, and placement to minimize channel widening and realignment.
B. Other Comments
All other comments received as part of this project aze either included in standazd design
practices or in Best Management Practices for Protection of Surface Waters.
21

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~~ PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS BRANCH
HENDERSON COUNTY
REPLACE BRIDGE NO.335 ON SR 1238
OVER MUD CREEK
B-3856
Figure 1

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Federal Aid # BRZ-1238(2) TIP # B-3856 County: Henderson
CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR
THE NATIONAL REGISTER OF HISTORIC PLACES
Project Description: Replace Bridge No. 335 on SR 1238 over Mud Creek
On 11/29/2001, representatives of the
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
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.
Q/ 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 aze properties over fifty years old within the project's Area of Potential Effects (APE), but based on the
historical information available and the photographs of each property, the property identified as
roper ~ ~ is considered not eligible for the National
Registe and no further evaluation of it is necessary.
There are no National Register-listed or Study Listed properties within 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 any notes or documents as needed
Signed:
~Q lI 2~( ZDDI
Representati e, CD D to
~,. ~r 2 y of
FHWA, for the Division A ministrator, or other Federal Agency Date
Representative, HPO
ill~~lo
State Historic Preservation Officer
Date
If a survey report is prepared, a final copy of this form and the attached list will be included.

LryA~~~~
N ~~~
'~. n ^
~~ aaw ~'~
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
December 28, 2001
IVIEMORANDUI~1
TO: John Williams
Project Development and Em=ironmental Analysis Branch
Division of Highways
Department of Transportation
~ r
FROM: David Brook.- ~ ~;~~,~~~
Deputy State Histo'~ic Preservation Officer
SUBJECT: Replacement of Bridge No. 335 on SR 1238 over 1~1ud Creek,
TIP No. B-3856, Henderson County, ER 01-7917
Division of Archives and History
Jeffrey J. Crow, Director
Thank you for your memorandum of December 6, 2001 forwarding additional information concerning the
above project.
The aerial photograph indicating the location of the temporary on-site detour and the driveway
realignment for the project and the location shown on the USGS map accompanying your memorandum
do not match. The area that corresponds with the aerial photograph is the road to the east of that depicted
on the USGS map. If the proposed replacement is to be undertaken at the area shown on the aerial
photograph, we recommend that an archaeological survey be conducted of the area of potential effect
(APE), which should include both the temporary detour structure and the driveway realignment. If the
location is that shown on the USGS map, then no survey is recommended.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Presen-ation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future
communication concerning this project, please cite the above-referenced tracking number.
DB:kgc
cc: Gerold Glover, NCDOT
Location Mailing Address Telephone/Fax
Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 2 7699-46 1 7 [phone] •733-8653
Restoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 [phone] •715-4801
Survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618 [phone] •715-4801

~A°~~~0~
r/°A
~`~~Vr~
'Aac ~`
•~~..~•
North Carolina Department of Cultural
State Historic Preservation Office
David L. S. Brook, Administrator
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
December 19, 2002
Mr. Matt Wilkerson
Office of Human Environment
NC Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699
Re: Archaeological Survey Report, Bridge #335 on SR 1238 over Mud Creek
Henderson County, ERO1-7917
Dear Mr. Wilkerson:
~V - • CO
o~c zs 2zoz
~~
~~,rCi DlViS1JH Oi=
~~;^r ~~cl-1wRYS .~
~'c,~T,~ 1~ELO~~S<
~~ ~NA~~
Division of Historical Resources
David J. Olson, Director
Thank you for your letter September 5, 2002, of transmitting the archaeological survey report by Mr. Caleb Smith
for the above project.
During the course of the survey, no sites were located within the project area. Mr. Smith has recommended that no
further archaeological investigation be conducted in connection with this project. We concur with this
recommendation since the project will not involve significant archaeological resources.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory
Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact
Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning
this project, please cite the above-referenced tracking number.
Sincerely,
--~,
~ ;~-
. ~,.
'j,David Brook
DB:doc
cc: Caleb Smith, NCDOT
Greg Thorpe, NCDOT
Location Mailing Address Telep6one/Fax
Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617 [phone] .733-8653
Restoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 [phone] .715-4801
Survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618 [phone] •715-4801

wruv
s oa STATf o
n ,~
re _ ._
~~~.
North Carolina Department of Cultural Resources
James B. Hunt, Jr., Governor
Betty Ray McCain, Secretary
Januart- 9, 2001
~1T•:;~tOR~NDLIM
To: William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
1~ ~`
from: David Brook'; .~ U1( ~~'lL~ ~? ~_f~_`~1~--
Depun~ State Histci~c Preservation Officer
Re: Replacement of Bridge No. 335 on SR 1238 over Mud Creek,
TIP No. B-3856, Henderson County, ER 01-7917
u R f
On December 12, 2000, April Montgomery of our staff met with the North Carolina Department of
Transportation (NCDOT) staff for a meeting of the minds concerning the above project. She reported
our available information on historic architectural and archaeological surveys and resources along with our
recommendations. NCDOT provided project area photographs and aerial photographs at the meeting.
Based upon our review of the photographs and the information discussed at the meeting, we offer our
preliminary comments regarding this project.
In terms of historic architectural resources we are aware of one historic structure located within the area of
potential effect:
Lambert House, located on the north side of SR 1100, 0.3 mile west of its junction with US 276.
We recommend that and architectural historian with your staff evaluate the above property to determine
its eligibility for listing in the National Register of Historic Places and report the findings to us. In
addition, we recommend that an historic architectural survey be conducted for this project.
There are no known archaeological sites within the project area. Based on our present knowledge of the
area, it is possible that there are archaeological resources located within the area of potential effect. If the
alternative selected suggests replacing the bridge on new location or replacing the bridge in place with an
on-site detour we will need detailed drawings of those alternatives prior to making our survey
recommendations. However, if the alternative selected is to replace the bridge in place with an off-site
detour, we recommend that no archaeological investigation be conducted in connection with this project.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have any questions concerning the above
comment, contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919 733-4763.
cc: T. Padgett
Division of Archives and History
William S. Price, Jr., Director
,M n__. T-~.... ['~a~..~a _ Tel-:.L ~r_.~~ ~___i:__ ~-rin~ ~on-~

..1
® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
TO: John Williams, Bridge Replacement Planning Unit
Project Development & Environmental Analysis, NCDOT
FROM: Maryellen Haggard, Highway Probe t Coordinator
Habitat Conservation Program
~~~ ~~D
DATE: January 31, 2002
SUBJECT: NCDOT Bridge Replacement No. 335 over Mud Creek in Henderson County,
North Carolina. TIP B-385
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 Clean Water Act of 1977 (33 U.S.C. 466 et seq.).
NCDOT proposes to replace Bridge No. 335 over Mud Creek on SR 1238 with a box
culvert on the existing location. Traffic will be maintained using a temporary alignment during
construction. We do not anticipate trout in upper Mud Creek and will not impose a moratorium.
The replacement of the bridge with a spanning structure of some type, as opposed to a box
culvert, is recommended. Spanning structures usually do not require work within the stream and
do not require stream channel realignment. The horizontal and vertical clearance provided by
bridges allows for human and wildlife passage beneath the structure and does not block fish
passage. Otherwise, on bridge replacement projects of this scope our standard recommendations
are as follows:
If the bridge is replaced with another bridge:
1. Bridge deck drains should not discharge directly into the stream.
2. If possible, bridge supports (bents) should not be placed in the stream
3. 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
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 cleared 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.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 2 7699-1 72 1
Telephone: [phone] ext. 281 • Fax: [phone]

TIP No. B-3855
2 January 31, 2002
4. A clear bank (riprap free) area of at least 10 feet should remain on each side of the
steam underneath the bridge.
5. Sedimentation and erosion control measures sufficient to protect aquatic resources
must be implemented prior to any ground disturbing activities. Structures should be
maintained regulazly, especially following rainfall events.
6. 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.
7. 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.
8. 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.
9. 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.
In addition, if corrugated metal pipe arches, reinforced concrete pipes, or concrete box
culverts are used:
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 streambed. If multiple
cells are required the second and/or third cells should be placed so that their bottoms
are at stream bankfull stage (similar 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 15 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. Culverts or pipes 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.
3. Riprap should not be placed on the streambed.
If you need further assistance or information on NCWRC concerns regarding bridge
replacements, please contact me at [phone]. Thank you for the opportunity to review and
comment on this project.