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HomeMy WebLinkAbout20071351 Ver 1_Application_20070808 .~~o,,~. ~~ .Q~~. STATE OF NORTH CAROLINA D ~~ Wpb q/~~ ~ sS ~ o~~ R 2 ~'os ° ToR~'''~A(, DO,~ MWq~ >~ B DEPARTIV~NT OF'I~~ANSPORTATION MIC~~AEL F. EASLEY GOVERNOR U. S. Army Corps of Engineers Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 ATTENTION: Mr. David Baker NCDOT Coordinator LYNDO TIPPETT SEQtETgRY 071351 SUBJECT: Nationwide Permit 23 and 33 Application and Notice of Use of Nationwide 13 for the proposed replacement of Bridge No. 49 over South Muddy Creek on NC 226 in McDowell County. Division 13, Federal Aid Project No. BRSTP-226(8), State Project No. 8.1872301, WBS Element 33536.1.1, TIP No. B-4189. Dear Sir: Please see the enclosed Pre-Construction Notification (PCN), permit drawings, design plans and Categorical Exclusion (CE), for the above referenced project. The North Carolina Department of Transportation (NCDOT) proposes to replace the 106-foot, three-span Bridge No. 49 with a new 120-foot, three-span, steel girder bridge that will span South Muddy Creek. The existing bridge will be replaced in place and traffic will be maintained with an on-site detour. The on-site detour will also span South Muddy Creek. There will be 33 linear feet of permanent stream impacts and 24 linear feet of temporary stream impacts to an unnamed tributary to South Muddy Creek (UT2). There are no jurisdictional wetlands located within the project area. IMPACTS TO WATERS OF THE UNITED STATES General Description: The water resource impacted for project B-3606 is UT2, a perennial unnamed tributary to South Muddy Creek. UTZ to South Muddy Creek is located in the Catawba River Basin (Division of Water Quality (DWQ) subbasin 03-08-30) and is approximately 3.5 feet wide and six inches MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1548 August 1, 2007 TELEPHONE: 919-715-1334 FAX: 919-715-5501 WEBSITE: WbWV.NCDOT.ORG LOCATION: PARKER LINCOLN BUILDING, 2728 CAPITAL BLVD. RALEIGH NC 27604 i deep within the project area. The DWQ Index number for this section of South Muddy Creek is 11-32-2 and the Hydrological Cataloguing Unit is 03050101. The North Carolina Department of Environment and Natural Resources classifies South Muddy Creek as "C". No 303(d) streams, High Quality Waters (HQW), Water Supplies (WS-I or WSII), or Outstanding Resource Waters (ORW) occur within one mile of the project study area. Permanent Impacts: There will be 33 linear feet of permanent stream impacts to UT2 as a result of pipe extension at the south end of the project and bank stabilization with rip rap. Currently, UT2 crosses under NC 226 via a 42-inch corrugated metal pipe. This 42-inch pipe will need to be extended in order to accommodate the new roadway slopes on the east and west sides of the road. Temporary Impacts: There will be <0.01 acre (24 linear feet) of temporary stream impacts to UT2 associated with the installation of the pipe extensions on the east and west sides of NC 226. Utility Impacts: There will be no jurisdictional impacts associated with relocation of utilities for this project. Schedule: The project schedule calls for a March 18, 2008 Let date and a review date of January 29, 2008. The date of availability for construction is on Apri129, 2008. BRIDGE DEMOLITION The existing bridge's substructure consists of concrete caps on timber piles. The superstructure consists of a concrete deck on steel beams. The deck of the existing bridge is 21 feet above the steam bed. The steel beams and the timber piles can be removed without dropping into waters of the United States. There is the potential for the middle span of the concrete deck and the caps of the interior bents to be temporarily dropped into South Muddy Creek during removal. The maximum resulting temporary fill associated with the removal of the concrete deck is approximately 20 cubic yards. The maximum resulting temporary fill associated with the removal of the substructure is 11 cubic yards. The total potential temporary fill is 31 cubic yards. All guidelines for bridge demolition and removal will be followed in addition to Best Management Practices (BMPs) for the Protection of Surface Waters and BMPs for Bridge Demolition and Removal. FEDERALLY PROTECTED SPECIES Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of May 10, 2007, the United States Fish and Wildlife Service (USFWS) lists five federally protected species for McDowell County (Table 1). The biological conclusion for all five listed species is "No Effect" due to lack of habitat. 2 f ~ Table 1. Federally Protected Species for McDowell County - - Common Name - Scientific Name Status Survey Notes Biological Conclusion __ Bald Ea le Hailiaeetus leucoce halus Delisted No Habitat N/A Bo turtle Clemm s muhlenber ii T(S/A) No Habitat No Effect Carolina northern flying Glaucomys sabrinus E No Habitat No Effect s uirrel coloratus Mountain olden heather Hudsonia montana T No Habitat No Effect Small whorled o onia Isotria medeoloides T No Habitat 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 stages; minimization measures were incorporated as part of the project design. The use of best management practices for construction should reduce impacts to plant communities. • The new bridge will span South Muddy Creek. • The temporary on-site detour bridge will span South Muddy Creek. A preformed scour hole will be installed near the new bridge to reduce sediment load into South Muddy Creek from stormwater runoff. • Water will not be directly discharged into South Muddy Creek via deck drains. In addition, Best Management Practices will be followed as outlined in "NCDOT's Best Management Practices for Construction and Maintenance Activities". Miti ag tion: NCDOT proposes no mitigation for the 33 linear feet of permanent impacts to UT2 because the permanent impacts total less than 1501inear feet. The impacts to UT2 are minimal and will have a minimal adverse effect on the stream. In addition, UT2 is not a High Quality Water. REGULATORY APPROVALS Section 404 Permit: It is anticipated that the temporary dewatering of UT2 will be authorized under Section 404 Nationwide Permit 33 (Temporary Construction Access and Dewatering). We are, therefore, requesting the issuance of a Nationwide Permit 33 authorizing the temporary dewatering of UT2. NCDOT will make use of a Nationwide Permit 13 for permanent impacts relating to bank stabilization. No written concurrence from the USACE is required for this use of Nationwide Permit 13. 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 i NCDOT requests that these activities be authorized by a Nationwide Permit 23 (FR number 10, pages 2020-2095; January 15, 2002). Section 401 Permit: We anticipate 401 General Certification numbers 3634, 3626 and 3632 will apply to this project. NCDOT will adhere to all standard conditions. In accordance with 15A NCAC 2H .0501(a) we are providing two copies of this application to the North Carolina Department of Environmental and Natural Resources, Division of Water Quality, for their records. 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 Erin Schubert at ekschubert(a~dot.state.nc.us or (919) 715-5529. Sincerely, ~,~/ Gregory J. Thorpe, Ph.D., Environmental Management Director v_ _ Project Development and Environmental Analysis Branch cc: W/attachment Mr. John Hennessy, NCDWQ (2 Copies) Ms. Marella Buncick, USFWS Ms. Marla Chambers, NCWRC 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.J. Swain, P.E., Division Engineer Mr. Roger Bryan, DEO W/o attachment Mr. Jay Bennett, P.E., Roadway Design Mr. Majed Alghandour, P. E., Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. Scott McLendon, USACE, Wilmington Mr. Vince Rhea , P.E., Project Planning Engineer 4 Office Use Only: 2 O 0 7 10 3v5 i;n March OS USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 23, 33 and 13 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information 1. Owner/Applicant Information Name: Gregory J. Thorpe, Ph.D., Environmental Management Director Mailing Address: 1598 Mail Service Center Telephone Number: (919) 733-3141 Fax Number: (919) 733-9794 E-mail Address: ekschubert(c~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: E-mail Address: Fax Number: Page 1 of 8 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 maybe 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. 49 over South Muddy Creek on NC 226 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-4189 3. Property Identification Number (Tax PIN): N/A 4. Location County: McDowell Nearest Town: Dysartsville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): 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°36'15.66" °N -81°52'26.71" °W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Catawba River 8. River Basin: Catawba (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: 70% forested, 30% disturbed/residential 10. Describe the overall project in detail, including the type of equipment to be used: Standard construction equipment will be used (backhoes, bulldozers, cranes and/or other heavy machinery) Page 2 of 8 11. Explain the purpose of the proposed work: The purpose of the project is to re lap ce a functionally and structurally obsolete structure (sufficiency rating 28.2 out of 100) to obtain safer and more efficient traffic operations. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules.N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Permanent: 33 linear feet (<0.01 acre of impact to UT2 due to 42-inch corrugated metal pipe extension and bank stabilization with rip rap. Temporary: 24 linear feet (<0.01 acre of impact to UT2 associated with installation of pipe extension Page 3 of 8 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog; etc.) Located within 100-year Floodplain (es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) No Wetlands Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property:N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres Site 1 UT2 Permanent Perennial 3.5 ft. 33 <0.01 Site 1 UT2 Temporary Perennial 3.5 fr. 24 <0.01 Total Permanent Stream Impact (by length and acreage) 33 <0.01 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres No open water impacts Total Open Water Impact (acres) Page 4 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): <0.01 (temp) <0.01 (ermanent) Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) <0.01 (temp) <0.01 ermanent) Total Stream Impact (linear feet): 24 (temp) 33 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. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: VII. Impact Justification (Avoidance and Minimization) Expected pond surface area: Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The new bridge will span South Muddv Creek. The temporary on-site detour will also span South Muddv Creek. No deck drains will be used and NCDOT's Best Management Practices will be followed. A preformed scour hole installed near the new bridge will minimize sediment load in South Muddy Creek. 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 watering, irrigation, aesthetic, trout pond, Page 5 of 8 freshwater wetlands or Beater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is proposed for this proiect as the permanent impacts total less than 150 linear feet. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Progam (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 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 Page 6 of 8 ~ j IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ® No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 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 multi liers. * Impact Required Zone ,_______ r _,~ Multiplier ,~,~;t;~„*;,,,, 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. 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Z~~,'' T ~ ~ I y ~~1'I N N ¢ ~ ~ u ~ ~ ~ -DEr- PC Sta. 19+76.63 ~ "' ~ I ~ " I ~~. ~O ~ ~ ~ > ~ _ ~ i~ C ~ A ,~ ~m" ~ A ~ ~~n 20+00 MATCNSEE SHEET N~B DEr ~0 3 S ~ ~ ~ Z h-~ry~ ' C ~_ ° ~ 1 = ~~z ~ M w $ °~~ ~ = N eoo~'s C RI xz ~ goo ~ TTQN ~n~ ~ ~ ~ ~ ±* ~3~ *.oY g~ A'DfO~ z ~e Y rermit Drawing ~ ~g~ ~ ~; ~ Z' ~ ,~ ~hcet 3 ~r.__._ ~~z ~ y ~ ~ ~ REVISIONS IT\WETLAND\84189_rdy_PERMIT-DET.dgr, gggo~oOm°m°m mmrn~~~v,c~v, yy~rnrnrn222 n rnn~~~ ~ m~lo z ~n,~ y ~~?2~rno~m 02Gj 2 ~ 2~rn n r II II II II II II II II II ('7 ~~W ~~Cyp~Ol~.a ~ ~~ ~~ ~~ ~~ a° gggw~mooo N yrnrnrn~~~~~~ °rn rn ~~~mrnrnc~c~c~ y o 000 azz ~ rnn rn ~~~~~~~rno ~ ~2 c ~~~~rn~rno? ~ ~ ~~=2 o~rn O ...I Z I w Z ~ ~ m II II II II II II II II II II II ~ w,~,,,w,~, o ~ N~8 ~ggA ~ ~T gb+~:a ~ ~ ~ N T ~ ~ ~ m a o~ ~ N 1F TI 0 ~ ~ ~ N ~ 3 s ° a ti T y y.~ V o~ °° ~ ~ g o rn I I I `O o o ~ M ~ ~ d 0 ~ ~ N 0 w > N D r y y j ~ m ~ t e ~mC7 ~ ~o~ v u 8 O~G u = a goo T~ ~~ * ~• ss 3~ II q II IFC I I III ~1 I I la ~, x (g~~ ITS 1 I ~~ `1~ <n o rI L;a ~ r ' ~ ; ~ ~ ~> wa ; I I ~ m `, ~ ,~i ~ ~ h ~. D 0 f _ c.;z~c ~cn~~l~ki'D S.~l" 2 1 I, I I ~ +° ~R4'~~ . I 1~~I ~~ Ilrnll II ..1111 11 v 1 ti.i'' ~~• .I;" ~,~'l~ ~'1 rn ~ II ~I~~ ~ I ~ ~', ~ _.,~ ~~'' /~~~c ~ ~~,; .. v ~ i ~ o~ , I ~' ~ ° ~ ', JI' tl,' lv<~ ~ n ~ ~ I ~a4tw S ~ 1 '~ i 1 ~„ ~ ,` ~ ~ ~1 TT ~~~ ? N @ c "I y~ ~ ~. ~ n ":O ~ ~~. ,~~.~~ea _/ ail I f~II~14 ~~(~ ~-~ «~~''ir0~ I ~~ nr~ S ~ ~' ','~ g ,~ ~le~/~i} ~i /~ 2 rn II ~~I II II Itfly ~ F~ ,Q~F ~ ~1~ j i ~` / I ~~1 ~ ~~1 ;~ i ~ ~,' _ ;~~ ~~~ - PIN i6+79.79 (BL-; ~N ~Ir? a<"f F ~ 1 z; I ~~~~. =L P0~' 9+59.61(17.43 L'. arn: ~1ii!l~Q /0~ } ~-' ~ 1 ~,1 d~ ,1'' -_ .~= P~ 57a.9+9998 ~,~ $ ~~ _ ~ ~r, .. , _ ;~ ~j , > l ~l ~ ~ z t ~y F t 1I T .. i\ ~' '~ ~~ ~ 11 ;n , .... I ~ c ' 1 f 1 '~ 'i~' i ~ ~,~ m ~ 1 I ~~' ~ r~, _ ~ °w x // /~~ - Q79 1 ~I 1 X11 ~ ~~ ~j I.; ~ 1 I I , I~, m~ ,~ c~ 111 ~ I „I I I I ~ m A ,`i I 4 ~ ~ I ~ / w~ ,~ 1 j 1~ I 1 ' I~ i I I ~ t. m I i I I i I ~' ~~ I I ~ ~ I ~I I I , 1.~ ~ I1 ~:~ ~ ~ 1? 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I ~ REVISIONS RMIT\WETLAND\84189_~dy_PERMIT.dgn ~i i ~ ~ 1~} 1 ~ 1 d i i I 7 i ` ~ ~ ,' I I 1 ~~ \ S ~ I ;~ V _ i' I I ~ 1 ~. ~ ~'' / ~' r - - m1Dn~ 'II ,~ ~ 1 gggrnwrnooo ~~g~` '~' `' '' ~ III `~'~',~~: ooo~mo222 n _ wog s!! ~ l ~ ~,~, ~ ';; cn ~, o ~ 2 ~ ~ t' iiimRq'=~rnin c ~,~,rn r i; ~~ 1y~~ I ~ ty ',}~`~~ ~ _ G7 G7 ~ C m D rn e Z ~ _ V R) 2 ~) i i C~ ~ "~ 'I 1~~ I ~~ i. ~~ ~, / 7 y~~2 ohm ~ ~~~ - ~' .. 4} ~ ya o ~.~a~ ~~; ~ ~ , ~'~~/~: 2 ~ ~ 2 ~ ~ `~ ~ ~ 4~ oo [~'1 ~ <o~ ~'' ~ ~ ~ -~ ,' T PCC SYa.8+6782= g _ _ - POC Sta.8+67.62 ~ `~ ~~ y + I.~, ~ii w~ ii ~^r m I ` t7~ i it II II II II II II II II II C7 = '~ ~'j Q~Q ^ ~^~~ Qo G y ` '~~ ~ ~"f '~ /~ /~~ (pn`~ ~~Cb i ~ QO u~ ~ ~ ~ ~ 1 / f' ~ i~ - - - - ,;,. ~..- ~z _. i t - ,~ ~ ~ ~ J y ~f '/ t a ~~' ~ ~ r' -L- PT S7o.9+9998 O ~ 'i t`~ ~, ~ ~ , 10+00 C ~O ~ s _ ~ ~l N ~~" n -- ,. -~ ,~, n - ~ ,~ _ r - o' cni'azmR'imrn2 ~ ,I ,~ ~ I I~ I ~o ~ ~ n,mo 2m 2~ ~i ~ ~ ~` i; ~ r - ~ ~ ~~~y~o~m ~ ~ ~ ~ { oy ~Zo ~I~rn I I 2 I c~ - - oz", D ~~ I~\ ,j I ~ ~,~ r - - ~ ~ -- G7 ~ L Iv - 2 ~ m c < I ~o - C ~ 3 ~ ~ I ~ II II II II II II II II II II II ~ 4 ~ ~ ~5 ` ' ~ -""-- ^-- t ;^a w 1 _ -~ _:_' I I ~ _ ' + - ; ~ I y ~ . t_ -r_ ~ ~ -- v ~' _ - ~ ,~ T ~~ .. _. -~ .: ~_L; z i y ~ 13+75 ~ V ~: _ - r - u a m ~ rn~ 0 ~~ rn o - - ~ ~~ ~~ y~ yn 0 CTi ~ ~ ~ ~ ~ ~ ~~ 8 n n g 2 N r ~ ;~; y>; ,,, W m< R1 rn y _ _ w _ ~,. - i g ~ ~' ~ _ ~o .4l t' a r _ rn I~ ~ o _~, ~ I ~~ ~~ .rr ~. ~~:r c~~N " i,~' 4 ~ "' 4 ~_ ` v~ ~ I ~ .'L-'fin a o , :_:r--_ , ~ N I ~ ~ f,~,,ti ~ ,4 + r-. V y L~~i ~ ~ 4v~ N N ~ f) / ~ C cb ~~ ~- ~ ~ } ~ I n ~ ~, J w 8 fir,. / w I m f' :/ ~~ m c~ ~ m I it it ! I I I ao ~ `~ ~ ~I ~ In ~ I r ~. _ MATCH UNE STA. /8-/~Oi0 -L- CO m - SEE SHEET N0.5 ~ ~ g _ ~ m O ~ n IT y tt t rr i i 2 Z '2 `) t~ Iq~ ~~' ~ ~&o ~9 ~ w FO g~$ ui s u° i a '~~ ° ,y ~ _o =~ ~ o n ;; S 3 o~ ~g ° ~ ~~ ~: ~j r 3 ~ ~Ua a 3 L N NZ ~ OO °p` pn~ 3~ N N J Jp .. v ~~O .U ~ ~ ~ Z ~ v~om g m N vi - ° m rjco D p= _T- ~ O EO N [ ~~G ~ ~ y y $ryy t A ~0 a ~Z \~ ~ ~ a~ ~ . C m rn ~ z ~ ~ ~D~. z~ ~ NA x ~~ ` ~~-y ~~ Vz1 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. Impervious surfaces will not significantly increase as a result of this project. There will be no deck drains installed. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http:l/h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The new bridge will be constructed in the same location as the old bridge. 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). ~ • ~ Fw C~~,u'y Tl~~pe Ph ~ b ' Z-U '' Ap~licant/Agent's Signature - '" ' Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 i REVISIONS 0 N w A ~~ I o~ •I l a~ s\PERMIT\WETIAND\84189_rdy_PERMIt.dgr, ggg~ww°mn°,°m mmrn~ii~n~nv,v,v, 0222 n O O O ~~~~~(n X10 ~ ~~~I''c=~m~ rn ~~ m ~gz2 0~ m 2 D 2 ~ n; C II II II II 11 II II II II C'7 ~ O~p`W~O(~..~ ~ ~T~~o~~D ~ ~{ ~ ~ ~ ~ N N 1 } -_ -:- o '~` rn ~ o ~, ~o g 0 m ^rn 2 T_~ V ng o gggw~wooo ~I~ O 000 ~p222 I~ rnn m ~~~~~in mo ~~ ~ iaiml''i~lrn~ G5 rnz c c~~~~~~rn~x rn ~ rn~,o 2c~ rn~ ~ ~ ~pmpio~rn~~rn o 022 2 ~ 2c~m n II II II II II II II II II II II 0 ~ NTJb~T~`~T'gTBTJ~~~ n ~~ ~~ ~~ 1 ~~yZi ~~go` ~~ W O 2~~ -~ rn ~~i ~,, ~~~ ~~ 1 >II z~ ~ II ~I , ~l; 5 C ,l 1: J ~~1 ~ i ~: , ,, i i c ~~ I _~: ~ i ~ ~ 4 ~. I, ~ 4:/ ~~ i i ~ I .( ~'; 'i ~I~~~' ~~ ,; , , f. 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V 0 ~~ aZ ~ ~~~ D -~ ~ -c ~~~~ ~~ ~ ~ 0 ~~~ ~, z y ~C v1 ~ Z C~~ ~ ~ ~~~~ z ~ o ~~ F H ~ ~ ~ ~ ~ ~ O ~ ~ ~ z x ~~ . d ~ o wx ~ ri ~ w z ~ Q ~ O U 1 ~ M ~ i > _ ca ¢ ° ~ 3 W Q U W z w x z a ~~~ ~ rn Z ~ Q ~ O ~ ~ ~ ~. ~ ~ ~~ ~ ~ N ~ N ~ _ X ~ ~ H a WU- ~ ~ c ~ °' ~ ~ M 3 w~ ~a w U ~ ~ E 3 a ~ o °o ~ ~ c v o R aj ~ ' a ~ ~ ~ N ~ ~ ~ 3 a c o ~~ E o ~ ~ H U a ~ c c ~ c ~ o o ~ ~ d o ~ U ~ a ~ m~ N C Z t ~ N N ~ g ~ ~~ ° U ~ ~ a o ~ ~ ~ c m ~ N o O Z X J W H W M v a5 c o E-`-pOO o ~ii~ o C N C C C ~ ~ - ~ fU0 E ~ O ~ d o a a~ o ~ _ ~~ w ~ f/1 ( V tt J O O ~ ~ + ~ O O ~ v O ~ O Q _ (~ Z ~ 0 H Property Owners Parcel Number Names Addresses 1 Frank H. and Ada Daves 11430 Hwy 226 South Nebo, NC 27861 3 Margaret Regina Redden Paschall 11485 Hwy 226 South & John Mitchell Redden Nebo, NC 28761 4 Vaugh E. & Amber L. Berry 113 Lowder Drive Nebo, NC 28761 permit Drawirq Sheet ~~ ot,,,~,_ NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS McDowell COUNTY WBS - 33536.1.1 (B-4189) HEET s/~/2o0~ RECEIVED JUL 2 2001 Federal-Afd Project No. BRSTP-226 (8) State Project No. 8.1872301 W.B.S. No. 33536.1.1 T.I.P. Project No. 8-4189 CATEGORICAL EXCLUSION DIVISION OF HiuHYVAYS PDEA-OFFICE OF NATURAL ENVIRONMENT UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DMSION OF HIGHWAYS McDowell County Bridge No. 49 on NC 226 over South Muddy Creek APPROVED: ~~ lzylos' ~~ ~Glegory ~. Thorpe, PhD. " Environmental Management Director Project Devek~p~ment 8E Environmental Analysis Branch, North Carolina Department of Transportation (a,~~ohn F. Sullivan, III PE /' Divi:lion Administra>bor Federal Highway Adminisdation ~r ~ McDowell County Bridge No. 49 on NC 226 over South Muddy Creek Federal-Aid Project No. BRSTP-226 (8) State Project No. 8.1872301 W.B.S. No. 33536.1.1 T.I.P. Project No. B-4189 CATEGORICAL EXCLUSION September 2005 Document Prepared By: MA Engineering Consultants, Inc. 598 East Chatham Street, Suite 137 Cary, NC 27511 Gail F. Kogut, PE Project Manager For the N6rth Carolina --~ _ - - of Transportation: .~`` ~ C AR p ''~, t•pFESS1~''tiq i _ ~~ SAL = j 3 L I NE Q ~ '~~1~~~~~~~~~~~ Vincent ]. Rhea, Project Man Project Development & Environmental Analysis Branch McDowell County Bridge No. 49 on NC 226 over South Muddy Creek Federal-Aid Project No. BRSTP-226 (8) State Project No. 8.1872301 W.B.S. No. 33536.1.1 T.I.P. Project No. 8-4189 PROJECT COMMITMENTS No special commitments are required for this project other than those set forth under the standard Nationwide Permit No. 23 and potentially No. 33 Conditions, the General Nationwide Permit Conditions, Section 404 Only Conditions, Regional Conditions, State Consistency Conditions, NCDOT's Guidelines for Best Management Practices for the Protec4on of Surface Waters, NCDOTs Guidelines for Best Management Practices for Bridge Demolition and Removal, General Certification Conditions, and Section 401 Conditions of Certification. Categorical Exdusion 8-4189 September 2005 Page 1 of 1 McDowell County Bridge No. 49 on NC 226 over South Muddy Creek Federal-Aid Project No. BRSTP-226 (8) State Project No. 8.1872301 W.B.S. No. 33536.1.1 T.I.P. Project No. B-4189 INTRODUCTION: The replacement of Bridge No. 49 is included in the current North Carolina 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 are anticipated. The project is classified as a Federal "Categorical Exclusion". I. PURPOSE AND NEED STATEMENT The NCDOT Bridge Maintenance .Unit records indicated the bridge has a sufficiency rating of 28.2 out of a possible 100 for a new structure. The bridge is considered structurally deficient and functionally obsolete. The replacement of this inadequate structure will result in safer and more efficient traffic operations. II. EXISTING CONDITIONS Bridge No. 49 is located on NC 226 in McDowell County over the South Muddy Creek (Figure 2-1). NC 226 is classified as Rural Major Collector in the Statewide Functional Classification System. Bridge No. 49 was constructed in 1950. The existing structure is a two-lane, three-span bridge with an overall length of 105.6 ft. (32.2m) and a clear roadway width of 24.0 ft. (7.3m). The bridge consists of a reinforced concrete slab with a 4~/z inch (11.43cm) wearing surface on I-beams supported on reinforced concrete caps with timber piles. Bridge No. 49 currently is not posted to restrict weight limits. NC 226 has a posted speed limit of 55 mph (90 km/h) in the vicinity of this bridge. The approach roadway for Bridge No. 49 is a two-lane 22.0 ft. (6.7m) wide road with paved shoulders. The east and west shoulders are 2.4 ft. (0.7m) and 3.8 ft. (1.2m), respectively. (Figure 2-1). The creek bed to roadway crown point height is 21.0 ft. (6.4m) and the normal depth of South Muddy Creek is 1.0 ft. (0.3m). McDowell County is a Mountain Trout Water county. However, South Muddy Creek is not listed by the NCWRC as Hatchery-Supported or Wild Trout Waters. Aerial power and telephone lines run along the west side of the bridge. T.I.P. No. B~189 Page 1 McDowell County The 2002 estimated average daily traffic (ADT) volume is 2500 vehicles per day (vpd). The projected ADT is 3900 vpd by the design year 2025. The percentages of truck traffic are 5% dual-tired vehicles and 3% TTST. NC 226 is a two-lane facility that connects I-40 and US 64. NC 226 is not a part of a designated bicycle route nor is it listed in the Transportation Improvement Program (TIP) as needing bicycle accommodations. There is no indication that an unusual number of bicyclists use this roadway. No accidents were reported in the vicinity of the bridge during a recent three-year period. Four school buses cross Bridge No. 49 four times a day for a total of 16 trips per day. Land use in the basin is forested, cultivated, or pastureland with scattered residential. There are two North Carolina Geodetic Survey (NCGS) benchmarks located 0.3 miles (0.5km) and 0.5 miles (0.8km) south of the bridge on NC 226. The marker names and elevations (NGVD 29) are ~~MCD 10", 381.088m and'~MCD 11", 384.747m respectively. III. ALTERNATIVES A. Project Description The proposed structure will provide a 40-foot (12.2-meter) clear roadway width to allow for two 12-foot (3.6-meter) travel lanes and 8-foot (2.4-meter) shoulders on each side. The approach roadway will consist of two 12-foot (3.6-meter) travel lanes with 8-foot (2.4-meter) unpaved shoulders. Refer to Figure 3. The design speed will be 60 mph (95 km/hr) to match existing conditions. The estimated structure requirements are based on the historic performances of the existing structure and field observations of th~ site. Based on field reconnaissance of the site and a preliminary hydraulic analysis, the existing structure will be replaced with a bridge with an approximate overall length of 150' (45.7m). The existing roadway elevation would be maintained. Three alternatives are considered (Refer to Figures 4A, 46, and 4C). According to the NCDOT Geotechnical Unit, a preliminary geotechnical field reconnaissance revealed that the site has no visible rock and will likely require deep foundations. B. Build Alternatives Alternative 1 Alternative 1 proposes to relocate the bridge downstream of the existing location while maintaining traffic on the existing bridge during construction. Page 2 T.I.P. No. 8-4189 McDowell County ~~ Alternative 2 Alternative 2 proposes to relocate the bridge upstream of the existing location while maintaining traffic on the existing bridge during construction. Alternative 3 (Preferred) Alternative 3 proposes to replace the bridge in-place while maintaining traffic on a temporary detour bridge located downstream. C. Alternatives Eliminated from Further Study The "do-nothing" alternative will eventually necessitate closure and/or removal of the bridge effectively removing this section of NC 226 from traffic service. Replacing the bridge in-place while traffic is maintained on an off-site detour was eliminated as a reasonable alternative. The high volume traffic and the large percent of truck traffic on this NC route preclude this alternative from being a feasible option. Investigation of the existing structure by the NCDOT Bridge Maintenance Unit indicates that rehabilitation of the old bridge is not feasible due to its age and deteriorated condition. D. Preferred Alternative Altemative 3, replacing the bridge in place while maintaining traffic on-site utilizing a temporary structure, is the preferred alternative. Alternative 1, relocating the bridge upstream will have substantial impacts to the unnamed tributary that runs along the western side of NC 226. Altemative 2, will have permanent impacts to the downstream side of South Muddy Creek. Both Alternatives 1 and 2 introduce a reverse curve on either side of the proposed structure due to the existing tangent alignment of NC 226. Alternative 3 maintains the current tangent alignment of NC 226. In addition, Altemative 3 has the lowest cost and the least permanent environmental impacts. T.I.P. No. 8-4189 Page 3 McDowell County IV. ESTIMATED COSTS The estimated costs, based on current prices, are shown in Table 1: Table 1: Estimated Costs Alternative 1 Alternative 2 Alternative 3 (Preferred) Structure Removal (existing) 20,400 20,400 20,400 Structure (proposed) 472,500 472,500 472,500 Temporary Detour Structure 0 0 104,000 Roadway Approaches 343,510 340,800 202,985 Miscellaneous and Mobilization 228,590 227,300 180,115 En ineering and Contingencies 185,000 189,000 170,000 ROW/Const. Easements/Utilities' 39,600 39,600 39,600 TOTAL $ 1,289,600 $ 1,289,600 $ 1,189,600 The right-of--way cost was determined for Alternative 3 only. The right-of--way cost for Alternatives 1 and 2 would be higher than shown since more right-of--way would need to be purchased than in the proposed alternative (Alternative 3). The total estimated cost of the project, as shown in the current Transportation Improvemen~: Program, is $1,080,000 including $80,000 for right-of--way and $800,000 for construcfion. V. NATURAL RESOURCES A Natural Resources Technical Report was prepared by M A Engineering Consultants, Inc. and is available at the North Carolina Department of Transportation (NCDOT) office. Natural resources within the project study area were evaluated to provide: 1) an assessment of existing biotic resources; 2) an evaluation of potential impacts resulting from construction; and 3) a preliminary determination of permit needs. A. Methodology A general field survey was conducted within the project study area on June 10, 2003. Pedestrian surveys were undertaken to determine natural resource conditions and to document natural communities, wildlife, and the potential presence of protected species or their habitats. Information regarding the project area any egion was Derived from a number of resources including: U.S. Geological Survey f _.'auS) DysattsviHe 7.5-minute quadrangle map (1993), Natural Resources Conservation Service Soil Survey Sheets of McDowell County, North Carolina (1995), United States Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) Mapping (1999), USFWS list of protected species (February Page 4 T.I.P. No. 8-4189 McDowell County ~ Y 24, 2003), North Carolina Department of Environmental and Natural Resources (NCDENR) Basinwide Information Management System, North Carolina Center for Geographical Information and Analysis (NCCGIA) BasinPro GIS Million-Acre Edition Data (June 2002), North Carolina Natural Heritage Program (NCNHP) list of rare animal species (January 2001), NCNHP list of rare plant species (January 2002); NCNHP County status database (accessed June 2003), NCDOT aerial photography of the project study area (1:100), and North Carolina Division of Water Quality (DWQ) water resource data (2003). B. Physiography and Soils The project lies within the Piedmont Physiographic Province. This region consists of gently rolling, well-rounded hills and ridges with a few hundred feet of elevation gain. The project region lies within the Inner Piedmont geologic belt, the most intensely deformed and metamorphosed segment of the Piedmont (North Carolina Geological Survey, 1991). The project study area is found within an intrusive rock area classified as Migmatitic Granitic Gneiss. This geologic formation is characterized as foliated to massive, granitic to quartz dioritic; biotite gneiss and amphibolite common. Elevations in the project vicinity range from approximately 1,100 to 1,400 feet above mean sea level (msl). Elevation in the project study area varies from approximately 1,100 to 1,200 feet above msl. According to the general soil map for McDowell County (USDA, 1995), the project study area is found within the Iotla-Braddock-Rosman-Potomac soil unit. The soils in this association are described as nearly level to somewhat strongly sloping, somewhat poorly drained to somewhat excessively drained soils that have a predominantly loamy, clayey, or sandy subsoil or underlying material; formed in alluvium; on flood plains and stream terraces. Soil series found within the project study area are Edvard-Cowes complex, 25 to 60 percent slopes, Hayesville clay loam, 6 to 15 percent slopes, eroded, Hayesville- Edvard complex, 15 to 25 percent slopes, and Iotla sandy loam, 0 to 2 percent slopes, occasionally flooded. There are no soils classified as hydric by the North Carolina Natural Resource Conservation Service within the project study area. C. Waiter Resouroes C.1. Water Impacibed The proposed project lies within the Catawba River Basin, within the DWQ subbasin designated 03-08-30 and the USGS 8-digit Hydrologic Unit Code (HUC) 03050501. Waters within the project vicinity include South Muddy Creek (Stream Index No. 11-32- 2) and an unnamed tributary to South Muddy Creek (UTi) (NCDENR, 2003). A perennial stream can be defined as swell-defined channel that contains water year round during a year of normal rainfall with the aquatic bed located below the water table for most of the year. In addition, streams that are depicted on e'~ther the USGS 7.5-minute topographic map or the County soil survey maps are considered perennial. South Muddy Creek and UT1 meet these definitions and therefore, should be considered perennial. T.I.P. No. 8-4189 McDowell County Page 5 C.2. Water Resources Characteristics Streams have been assigned a best usage classification by the DWQ which reflects water quality conditions and potential resource usage. Within the project study area, the classification for South Muddy Creek is "C" (NCDENR, 1999). Class "C" waters are suitable for secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, and agriculture. In addition, a use support assessment is made on how well each waterbody supports its designated uses. According to the information obtained from the DWQ Catawba River Basinwide Water Qua/ity Management P/an, South Muddy Creek has a use support rating of FS, based on the monitored/evaluated method. UTi would inherit the same rating as South Muddy Creek because it is an upstream tributary of South Muddy Creek. Stream width was approximately 20.0 feet (6.1 meters) upstream of the bridge. Maximum water depth was measured at 1.1 feet (0.3 meters). This indicates a width to depth ratio greater than 12. The substrate consisted of silt, sand, pebbles, cobbles and bedrock. The stream had well-defined, vegetated banks. The stream reach immediately upstream and downstream of the bridge had well-defined pool-rfffle sequences. Water clarity was clear. Based on this preliminary characterization, South Muddy Creek can be classified as a Rosgen Stream Classification Type C-channel (Rosgen, 1996). UT1 merges with South Muddy Creek approximately 80.0 feet (24.3 meters) upstream of the bridge (Exhibit 1.2.1). Stream width was approximately 3.5 feet (1.1 meters) and average depth was approximately 0.3 feet (0.01 meters). A few riffle-pool sequences were observed. Both banks are well vegetated and appeared stable. Based on this preliminary characterization, the unnamed tributary can be classified as a Rosgen Stream Classification Type C-channel (Rosgen, 1996). No waters classified as Water Supplies (WS-I: undeveloped watershed, or WS-II: predominately undeveloped watersheds), High Quality Waters (HQW), Outstanding Resource Waters (ORW) or designated as an impaired water body under Section 303(d) of the Clean Water Act occur within 1.0 mile (1.6 kilometers) of the project study area (NCDENR, 1999). The Basinwide Monitoring Program, managed by the DWQ is part of an ongoing ambient water quality monitoring program that addresses long-term trends in water quality. The program monitors ambient water quality by sampling at fixed sites for selected benthic macroinvertebrates, which are sensitive to water. quality conditions. According to the information obtained from the Catawba River Basinwide Water Qua/ity Management P/an (NCDENR, 1999), the DWQ does not have a sampling station on South Muddy Creek. The closest station is located near the confluence of High Shoals Creek and Barnes Branch, approximately 2 miles (3.2 kilometers) upstream of the project study area. The site was sampled in 1986 and received a bioclassification rating of "Good". Point sources, such as wastewater discharges, located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program through the NCDENR. No active NPDES permits are located in, directly upstream, or within a mile from the project study area (NCCGIA 2001). Page 6 T.I.P. No. 8-4189 McDowell County ,~ C.3. Anticipated Impacts to Water Resources Genera/ Imvacts The proposed project is expected to affect both soils and topography. The topography is variable with moderate to abrupt changes in elevation. The proposed construction of a new bridge or associated road improvements will require the removal of soils and the placement of fill material. The primary sources of water quality degradation in urban areas are stormwater runoff and construction. Construction of a new bridge and approaches may disturb the stream banks and expose the soil surface. This may cause water quality degradation from runoff and sedimentation. In addition, increased impervious areas can introduce other elements of degradation to water resources. These elements may include hydnxarbons, toxic substances, debris, and other pollutants. Anticipated impacts to water resources include: additional substrate destabilization, bank erosion, increased turbidity, altered flow rates, and possible temperature fluctuations within the stream channel caused by the removal of streamside vegetation. NCDOT will ensure that preventative and control Best Management Practices (BMP's) are employed to prevent or reduce water pollution as described in the NCDOT handbook Best Management Practices for the Protection of Surface Waters (NCDOT 1997). South Muddy Creek is not designated as a Mountain Trout Water (NCWRC, 2003). In addition, it is not regulated as a Hatchery Supported Trout Water, Wild Trout Water, or Special Regulated Trout Water by the NCWRC. Therefore, there are no trout or anadromous fish moratoriums applicable to Bridge No. 49. Impacts Related to Bridge Demo/ition and Removal BMP's for Bridge Demolition and Removal may be categorized as one of three cases: Case 1, Case 2, or Case 3. The replacement of Bridge No. 49 may be classified as a Case 3. Case 3 categories have no special restrictions beyond those outlined in the Best Management Pracric~es for the Protecrion of Surface Waters handbook. Dropping any portion of the structure into the waters of the United States will be avoided unless there is no practical method of removal. In the event that there is no practical method is feasible, aworst-case scenario is assumed for calculations of fill entering waters of the United States. The existing structure consists of a concrete deck on steel beams. The substructure consists of concrete caps on timber piles. The steel beams and the timber piles can be removed without dropping into the waters of the United States. There is the potential for the middle span of the concrete deck and the caps of the interior bents to be dropped into South Muddy Creek during removal. The maximum resulting temporary fill associated with the removal of the concrete deck is approximately 20 cubic yards (15.3 cubic meters). The maximum resulting temporary fill associated with the removal of the substructure is 11 cubic yards (8.4 cubic meters). D. Biotic Resources This section describes the vegetation and associated wildlife within the project area that was observed during the field survey. The project area is composed of different T.I.P. No. 6189 McDowell County Page 7 vegetative communities based on topography, soils, hydrology, and disturbance regimes. Potential impacts affecting these communities are also discussed. Classification of plant communities is based on a system used by the NCNHP (Schafale and Weakley, 1990). If a community is modified or otherwise disturbed such that it does not fit into an NCNHP classification, it is given a name that best describes its current characteristics. Scientific nomenclature and common names (when applicable) are provided for each plant and animal species listed. Subsequent references to the same organism include only the common name. D.1. Plant Communities Two highly disturbed plant communities Hardwood Forest and White Pine Forest. below and presented in Figure 5. in the project study area: Mesic Mixed These communities are described in detail Mesic Mixed Hardwood Forest Mesic Mixed Hardwood Forests are associated with lower slopes, steep north-facing slopes, ravines and occasionally well-drained small stream bottoms. In addition, this vegetative community is associated with deep well-drained soils. The community here can be characterized as being highly human influenced. Evidence of past logging activities was readily apparent. Dominant canopy species present includes yellow- poplar, southern red oak (Quercus fa/cats), red maple, sweetgum (Liquidambar styracif/ua), and hickory (Carya cordiformis). The understory ranged from moderately dense to moderately sparse. Common vegetation included saplings of canopy species, flowering dogwood, blueberry, blackberry (Rubes spp.), American holly (I/ex opaca), viburnum (Viburnum prunifolium), and herbs. Within the project study area approximately 4.0 acres of this community exist. White Pine Purest White Pine Forest occupies the southwestern portion of the project study area. The dominant tree within this community is white pine. Hardwoods, similar to those found in the Mesic Mixed Hardwood Forest, are abundant in the sub-canopy. The shrub and herbaceous layers were sparse. Within the project study area approximately 2.0 acres of this community exits. D.2. Wildlife Wildlife associated with these vegetative communities include ubiquitous mammals such as raccoon (Procyon /oto~j*, white-tailed deer (Odocoi/eus virginianus)*, Virginia opossum (Dide/phis virginiana), and gray squirrel (Sciurus caro/inensis). Avian species which may utilize this community include downy woodpecker (Picoides pubescens), Eastern screech-owl (Otus asio), white-breasted nuthatch (Sitta cam/inensis), northern cardinal (Carding/is carding/is), American cn~nr (Corvus brachyrhynchos)*, blue jay (Cyanocitta cristata), Carolina chickadee (P~ci/e cam/inensis), Carolina wren ( Thryothorus /udovicianus), eastern bluebird (Sig/ia sia/is), fox sparrow (Passere//a i/iaca), red-bellied. woodpecker (Me/anerpes caro/inus), red-tailed hawk (Buteo jamaicensis), ruby-crowned kinglet (Regu/us ca/endu/a), and tufted titmouse (Baeo%phus bico%~. Other wildlife which may reside or forage in this community Page 8 T.LP. No. 8-4189 McDowell County Aquatic organisms are acutely sensitive to changes in their environment. Environmental impacts from construction activities may result in long term or irreversible effects. Impacts usually associated with in-stream construction include increased channelization and scouring of the streambed. In-stream construction alters the substrate and affects adjacent streamside vegetation. Such disturbances within the substrate lead to increased siltation, which can clog the gills and/or feeding mechanisms of benthic organisms, fish, and amphibian species. Siltation may also cover benthic macroinvertebrates with excessive amounts of sediment that inhibit their ability to respire. These organisms are slow to recover and usually do not, once the stream has been severely impacted. The removal of streamside vegetation and placement of fill material during construction enhances erosion and possible sedimentation. Quick revegetation of these areas helps to reduce the impacts by supporting the underlying soils. Erosion and sedimentation may carry soils, toxic compounds, trash, and other materials into the aquatic communities at the construction site. As a result, sediment bars may form at and downstream of the site. Increased light penetration from the removal of streamside vegetation may increase water temperatures. Warmer water contains less oxygen, thus reducing aquatic life that depends on high oxygen concentrations. E. Special Topic E.1. "Waters of the United States": ]urisdictional Issues Section 404 of the Clean Water Act requires regulation of discharges into "Waters of the United States." The U.S. Environmental Protection Agency (USEPA) is the principal administrative agency of the Clean Water Act; however, the U.S. Army Corps of Engineers (USAGE) has the responsibility for implementation, permitting, and enforcement of the provisions of the Act. The USAGE regulatory program is defined in 33 CFR 320-330. Water bodies, including lakes, rivers, and streams, are subject to jurisdictional consideration under the Section 404 program. Wetlands are also identified as "Waters of the United States." Wetlands, defined in 33 CFR 328.3, are those areas that are inundated or saturated by surface water or groundwater at a~ frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Any action that proposes to place fill into these areas falls under the jurisdiction of the USAGE under Section 404 of the Clean Water Act (33 U.S.C. 1344). Surface Waters The NCDWQ defines a perennial stream as a clearly defined channel that contains water for the majority of the year. These channels usually have some or all of the following characteristics: distinctive streambed and bank, aquatic life, and groundwater flow or discharge. Two perennial streams were identified within the project studya area, South Muddy Creek and UTl. Detailed stream characteristics, including specific water-quality designations, are presented in Section C: Water Resources. Page 10 T.I.P. No. 6-4189 McDowell County . ,r include the two-lined salamander (Eurycea bis/ineata), slimy salamander (P/ethodon glutinosus), Fowler's toad (Bufo woodhousei), spring peeper (Hyla crucifer, eastern box turtle (Terrapene taro/ina), five-lined skink (Eumeces fasciatus), and the ringneck snake (Diadophis punctatus). D.3. Aquatic Communities The lotic systems in the project study area include South Muddy Creek and UTi. South Muddy Creek appeared to be a moderate groundwater-moderate runoff driven medium size perennial stream. In addition, it appeared to have a confined valley form with a low gradient. The channel was only slightly entrenched in the project study area. The banks were well vegetated with no sign of erosion. Vegetation along the banks is described in Section 3.1.1. Water clarity was slightly turbid and the recorded water temperature was 66° F (19° C). UTi appeared to be a low groundwater-high runoff driven small perennial stream. It lies in a narrow, low gradient, confined valley. The channel appeared to be only slightly entrenched within its valley. Vegetation along the banks is described in Section 3.1.2. Water clarity was slightly turbid and the recorded water temperature was 64° F (18° C). Stream systems in the upper Piedmont should hold common fish species such as rosyside dace (C/inostomus fundu/oides), bluehead chub (Nocomis /eptocepha/us), sandbar shiner (Notropis scepticus), marginated madtom (Noturus insignis), and fantail darter (Etheostoma flabellare). D.4. Anticipated Impacts to Biotic Communities The project study area consists of approximately 4.0 acres of Mesic-Mixed Hardwood Forest, and 2.0 acres of White Pine Forest. All of the alternatives have the potential to encroach into these natural vegetative communities. Based on a preliminary analysis the total acreage that may be affected within each natural vegetative community is shown in Table 2. Table 2: Anticipated Impacts to Vegetative Communities Community Alternative 1 Alternative 2 Alternative 3 (Preferred) Mesic Mixed Hardwood Forest 1.68 A (0.7 ha) 1.73 A (0.7 ha) 0.47 A (0.2 ha) White Pine Forest 0.00 A (0.0 ha) 0.00 A (0.0 ha) 0.00 A (0.0 ha) TOTALS 1.68 A (0.7ha) 1.73 A (0.7 ha) 0.47 A (0.2 ha) Loss of wildlife is an unavoidable aspect of development. Temporary fluctuations in populations of animal species, which utilize these communities, are anticipated during the course of construction. Slow-moving, burrowing, and/or subterranean organisms will be directly impacted by construction activities, while mobile organisms will be displaced to adjacent communities. T.I.P. No. 8-4189 McDowell County Page 9 ~~ Jurisdictions/ Wetlands There are no jurisdictional wetlands associated with the project study area. E.2. Permits In accordance with Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit is required from the USACE for projects of this type for the discharge of dredged or fill material into "Waters of the United States". A Nationwide Permit No. 23 (Approved Categorical Exclusion) is likely to be applicable for all impacts to Waters of the United States resulting from the proposed project. A Nationwide Permit No. 33 (Temporary Construction, Access or Dewatering) may be required if an on-site work bridge or causeway is needed during construction of Bridge No. 49. A 401 Water Quality Certification, administered through the DWQ, will also be required. This certification is issued for any activity that may result in a discharge into waters for which a federal permit is required. Applicable General Certifications (GC) may include GC 3403 and GC 3366 for the matching USACE Nationwide Permit 23 and Nationwide Permit 33. Impacts to the aquatic community of South Muddy Creek and/or UT1 may result from the replacement of Bridge No. 49. The removal of the substructure may create some disturbance in the streambed. Conditions in the stream may raise sediment concerns since the substrate contains silt; therefore, a turbidity curtain is recommended. In order to protect the water quality and aquatic life in the area affected by this project, the NCDOT and all contractors will follow appropriate guidelines for bridge demolition and removal. These guidelines are presented in three NCDOT documents entitled: Pre- Construction Guidelines for Bridge Demo/ition and Removal, Po/icy.• Bridge Demo/ition and Removal in Waters of the United States, and Best Management Practices for Bridge Demo/ition and Removal. South Muddy Creek is not designated as a Mountain Trout Water, does not receive Hatchery Support within the project study area, and is not suitable for smallmouth bass; therefore, no moratoria on in-stream construction activities are expected to apply. E.3. Buffer Rules At the time of this report, the Catawba River Basin buffer rules. apply only to lake shorelines and the mainstem of the Catawba River. E.4. Mitigation The USACE has adopted, through the Council on Environmental Quality (CEQ), a mitigation policy which embraces the concepts 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, T.I.P. No. 8-4189 McDowell County Page it minimizing impacts, and compensating for impacts (40 CFR 1508.20). 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 USEPA and the USACE, 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. No jurisdictional wetlands will be impacted; however, some unavoidable impacts to surface waters may result from project construction. 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. The following methods are suggested to minimize adverse impacts to "Waters of the United States": 1. Strictly enforce Best Management Practices (BMPs) to control sedimentation during project construction; 2. Minimize clearing and grubbing activity; 3. Decrease or eliminate discharges into the North Pacolet River's tributary; 4. Reestablish vegetation on exposed areas, employing judicious pesticide and herbicide management; 5. Minimize "in-stream" activity; and 6. Use responsible litter control practices. Comoensato~y 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 possible. 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 is required for unavoidable adverse impacts, which remain after atl appropriate, and practicable minimization has been required. Compensatory actions often include restoration, creation and enhancement of "Waters of the United States", specifically wetlands. Such action should be undertaken in areas adjacent to or contiguous to the discharge site. Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland impacts requiring aPre-Construction Notification (PCN), unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides aproject-specific waiver of this requirement. Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection of vegetated buffers to open waters. A PCN is not required for a Nationwide Permit No. 23; Page 12 T.I.P. No. 8-4189 McDowell County however, a PCN is required for a Nationwide Permit No. 33. Prior to the use of any nationwide permit within any of the 25 designated counties of North Carolina that contain trout waters, notification must be given to the Wilmington USACE District Engineer along with a written statement of compliance with all of the conditions of the applicable nationwide permit. This notification will include comments and recommendations from NCWRC. A plan to provide compensatory mitigation for all unavoidable adverse impacts to the mountain trout waters must be included in the information sent to the NCWRC. F. Rare and Protected Species Some populations of fauna and flora have been, or are, in the process of decline due to either natural forces or impacts from humans. Federal law (under the provisions of Section 7 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 USFWS. C+ther species may receive additional protection under separate laws. F.1. Federally Protected Species Plants and animals with a federal designation of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. The USFWS lists four federally-protected species for McDowell County as of the February 24, 2003 listing. Table 3: Federal) - rotected s 'es for McDowell Coun Common Scientific Federal State Habitat Available Name Name Status Status Requirements Habitat Vertebrates Carolina G/auc»mys E E High elevation forests, No Northern Flying sabrinus mainly spruce/fir. Squirrel co/aatus Bog turtle C/emmys T(S/A) T ~9s, wet pastures, No muhlenbergii wet thickets. Vascular Plant s Mountain Hudsonia T E Gorge rim outcrops, No golden heather Montana rocky summits Small-whorled Isoiria T E ~'~ especially with No pogonia medeo%ides white pine NOTES: E -Endangered. A taxon which is in danger of extinction throughout all or a significant portion of its range. T -Threatened. A species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range. T(S/A) -Threatened due to similarity of appearance. A species that is threatened due to similarity of appearance with other rare species. T.I.P. No. 6=4189 McDowell County Page 13 G/auavmys sabrinus av/orates (Carolina northern flying squirrel) Endangered Family: Sciuridae Date Listed: July 1, 1985 (USFWS 1992) The Carolina northern flying squirrel is a small nocturnal gliding mammal 10 to 12 inches (260 to 305 millimeters) in length. It possesses a long, broad, flattened tail, prominent eyes, and dense, silky fur. The broad tail and folds of skin between the wrist and ankle form the aerodynamic surface used for gliding. Adults are gray with a brownish, tan, or reddish wash on the back, and grayish white or huffy white ventrally. Flying squirrels glide from tree to tree by spreading their legs and stretching their flight skin, which acts as a sail. The Carolina northem flying squirrel occurs primarily in the ecotone, or vegetation transition zone, between the coniferous and northern hardwood forests. Both forest types are used in the search for food (primarily nuts, acorns, lichens and fungi), while the hardwood areas are needed for nesting sites. The Carolina Northern Flying Squirrel favors moist and mature spruce/fir and coniferous forests at high elevations (typically greater than 4000 feet above msl), with a moderate to thick evergreen understory. They may occur in hardwoods, particularly yellow birch (Bete/a a//eghaniensis), where old or dead trees and snags have numerous woodpecker-type nesting holes. They live in restricted, isolated habitats that are vulnerable to human disturbance where logging activity, ski areas, and other recreational developments destroy their habitat. BIOLOGICAL CONCLI/SION; NO EFFECT The majority of the project study area has been disturbed by recent forestry activities or is being developed for residential purposes. The mesic mixed hardwood forest (dominated by yellow-poplar, southern red oak, red maple, sweetgum, and hickory) and white pine forest present in the study area show evidence of historical disturbances. Since the Carolina northern flying squirrel favors mature, moist spruce/fir and yellow birch forests at much higher elevations, the study area is not expected to provide the proper canopy, understory, or elevation to be a favorable habitat. A search of the NCNHP database showed no recorded occurrences of this species within the project vicinity. Since suitable foraging and nesting habitat does not exist within the project study area, it can be concluded that the construction of the proposed project will not affect the Carolina northern flying squirrel. C/emmys muh/enbe~+gii (i3og turtle) Threatened (S/A) Family: Emydidae Date Listed: November 5, 1997 (USFWS 1992) The bog turtle is North Carolina's smallest turtle, measuring 3 to 4 in (7 to 10 cm) in length. It has a dark brown carapace and a black plastron. The bright orange or yellow blotch on each side of the head and neck is a readily identifiable characteristic. The bog turtle inhabits damp grass fields, bogs, and marshes in the mountains and western Piedmont. Page 14 T.I.P. No. 8-4189 McDowell County 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 are 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 rare 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. Hudsonia Montana (Mountain golden heather) Threatened Family: Cistaceae Date Listed: October 20, 1980 (USFWS 1992) Flowers Present: mid to late June Mountain golden heather is a low, needle-leaved shrub that is yellow-green in color. This shrub usually grows in clumps and retains its leaves from the previous year, which appear scale-like on the older branches. Leaves appear awl-shaped and thread-like. Mountain golden heather forms solitary, terminal, lanceolate flowers. These yellow flowers have 5blunt-tipped petals and 20 to 30 stamens. Fruit capsules have three projecting points at the tips and are round in shape. Mountain golden heather occurs in weathered rocky soils on mountain tops, with known populations found at elevations of 2,800 to 4,000 ft (850 to 1,200 meters). Mountain golden heather can be found on exposed quartzite ledges in an ecotone between bare rock and heath balds, which merge into pine forest. Plants do live in partially shaded areas; however, they do not appear to be as healthy as those found in open areas are. A critical habitat area for mountain golden heather exists in Burke County. Critical habitat designated in Burke County, North Carolina is bounded by the following: on the west by the 2200-foot contour; on the east by the Linville Gorge Wildemess Boundary north from the intersection of the 2200-foot contour and the Shortoff Mountain Trail to where it intersects the 3400-foot contour at "Chimneys"--then follow the 3400-foot contour north until it reintersects with the Wildemess Boundary--then follow the Wilderness Boundary again northward until it intersects the 3200-foot contour extending west from its intersection with the Wildemess Boundary until it begins to tum south--at this point the Boundary extends due east until it intersects the 2200-foot contour (Federal Register 1980). BIOLOGICAL CONCLUSION: NO EFFECT No habitat is located in the project study area for mountain golden heather; the project study area is located at approximately 1,100 feet (335 meters) above msl, which is well below the elevation for suitable habitat. A search of the NCNHP database showed no recorded occurrences of this species within the project vicinity. It can be concluded that the construction of the proposed project will not affect populations of mountain golden heather. T.LP. No. 8-4189 Page 15 McDowell Courrty Isotria medeo%ides (Small-whorled pogonia) Endangered Family: Orchidaceae Date Listed: September 10, 1982 (USFWS 1992) The small-whorled pogonia was known historically from Maine to Georgia, with the exception of Delaware along the eastern seaboard and in Michigan, Illinois, and Missouri. In North Carolina, the small-whorled pogonia is found in the Nantahala National Forest, Macon County and near Flat Rock, Henderson County. The small-whorled pogonia is a perennial orchid with long pubescent roots and a hollow stem 4 to 10 inches (10 to 25 centimeters) tall. Stems terminate in a whorl of five or six light green, elliptical leaves that are somewhat pointed. Leaves measure approximately 3 by 2 inches (8 by 4 centimeters). One or two light green flowers are produced at the end of the stem from mid-May to mid-June. glowers have short sepals that are 1 in (3 cm) long. The small-whorled pogonia grows in "second growth deciduous" or deciduous-coniferous forests, with an open canopy, open shrub layer, and sparse herb layer. This species prefers acidic soils. Flowering is inhibited in areas where there is relatively high shrub coverage or high sapling density. BIOLOGICAL CONCLUSION: NO EFFECT Habitat foi this species is open, dryj deciduous woods with acid soils, a community not found in the project study area. A search of the NCNHP database showed no recorded occurrences of this species within the project vicinity. The project study area was canvassed during the site investigation and no specimens of small-whorled pogonia were observed. It can be concluded that the construction of the proposed project will not affect any populations of small-whorled pogonia. F.2. Federal Species of Concern There are fifteen federal species of concern listed by the USFWS for Burke County (USFWS 2003). These species are not protected under the provisions of Section 7 of the Endangered Species Act. Federal species of concem species are defined as species under consideration for listing for which there is insufficient information to support listing as threatened or endangered (formerly C2 candidate species). The status of these species may be upgraded at any time, thus they are included here for consideration. A review of NCNHP data depicting known populations of these federal species of concem found no populations within a one mile (1.6 km) radius of the project study area. Protections afforded to species listed under state law are not applicable to this project. Table 4 lists the federal species of concern, their state status, and the existence of suitable habitat within the project area. Page 16 T.I.P. No. 8-4189 McDowell County .~ Table 4: Federal species of concern spaces for McDowell County Common Scientfic Name Federal State Habitat Requirements Available Name Status S~tus Habitat Vertebrates Rodry diffs, caves, Allegheny Nevtnma mag~r FSC ~ ~mland hardwoods Y~ woodrat between 800 to 2500 feet elevation Mature hardwood forests, Cerulean warbler Dpndro~ a~u/ea FSC SR steep slopes and coves in No mountains Southern Appalachian red Loxia crJrviros~a FSC ~ Coniferous forests, No avssbili preferably spruce-fir Southern Appalachian Ne~ma Boridana ~ ~ Rocky places in dedduous Yes woodrat haematvre/a woods or mbced forests Invertebrates BennetYs Mill Caeridotea Cave water ~ro/inensis FSC* SR Caves No slater Diana fritillary Speyena dram FSC SR Rich woods and adjacent No butte ed and o nin s Vascular Plants Cuthbert's ~~~ cvbhbertii FSC SR-L Bogs No turtlehead Divided-leaf pac~rera mi//efo/ium FSC T Granitic domes, other No ra outcro Gray's lily U/ium grayi FSC T-SC mss' ~ ~do~' No see and ra balds Large-leaved Fens and seeps over grass-of- Pamasia grandilvlia FSC T calcareous or mafic rocks No massus Northam Shor[ra ga/aafn/ia Stream banks, slopes Oconee bells var brevislj~a FSC E-SC and outcrops in humid No Roan Carexnaanen/s FSC SR T Forests Yes Rocky shoal Hymen~ora//is FSC -- Rocky shoals in rivers No s ider li cnrnnanla Sweet inesa Monobro is adorata FSC SR T D forests and bluffs No Delphinium Grassy ~~~ 9~~ Tall larkspur exa/btum * FSC* E-SC woodlands over mafic No rock NOTES: FSC -Federal Spades of Concern; A taxon which may or may not be listed in the future (formerly Federal C2 candidate N)• SC - Spedal Conoem; Any speaes of plant in North Carolina which requires monitoring but which may be cdlecbed and sold under regulations adopted under the provisions of [tile Plant Probedion and Conservation Act]. SR - Significantly rare speaes. E -Endangered; Arty species or higher taxon of plant whose continued e>asrenoe as a viable component of the State's flora/fauna is de6emuned m be in jeopardy. T -'ftxea0ened; Arty resident speaes whid~ Ls likely to treoorne an erdangered spades within the fore9eeable future throughout all or a significant portion of its range. -L -State range of the spades is limited to North Carding and adjacent states. These are spades which may have 20-50 populations in North Carding, but fewer than 50 populations rangewide. T.I.P. No. 64189 Md~owell County Page 17 -T -These speaes are rare Sfirova gout their rangPS. 1- Denobe.5 a USFWS FSC spades not listed witl~ NCNHP. * - Denotes a Historic record; the species was last observed in the county more than 20 years ago. **- Denotes an Obscure record; the date the element was last observed is uncertain. 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 as 36 CFR Part 8~0. Section 106 requires federal agencies to take into account the effects of their undertakings (federally funded, licensed, or permitted projet:ts) on properties listed in or eligible for the National Register of Historic Places and to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. B. Historic Architecture In a memorandum dated October 22, 2003, the State Historic Preservation Officer (SHPO) stated that they were aware of no structures of historical or architectural importance located within the planning area based on a search of their files.. Therefore, no further compliance with Section 106 is required. A copy of the SHPO memorandum is included in the Appendix. C. Archaeology The State Historic Preservation Officer (SHPO), in a memorandum dated October 22, 2003 recommended that a "comprehensive survey be conducted" in connection with this project. An archaeological survey report was completed in February of 2005. No archaeological sites were found during the investigation and therefore the project will not adversely impact any sites eligible for the National Register of Historic Places. SHPO concurred with the findings on June 6, 2005. Copies of the SHPO memorandums are included in the Appendix. VII. 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 a Federal "Categorical Exclusion" due to its limited scope and lack of significant environmental consequences. The bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of current NCDOT standards and specifications. Page 18 T.I.P. No. B~189 McDowell County The project is not in conflict with any plan, existing land use, or zoning regulation. No substantial change in land use is expected to result from 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. The studied route does not contain any bicycle accommodations nor is it a designated bicycle route; therefore no bicycle accommodations have been included as part of this project. No adverse effect on public facilities or services is anticipated. The project is not expected to adversely affect social, economic, or religious opportunities in the area. There are no publicly owned recreational facilities, or wildlife and waterfowl refuges of national, state, or local significance in the vicinity of the project. This Categorical Exclusion has proceeded in accordance with the Executive Order 12898 requirement that each federal agency, to the greatest extent allowed by law, administer and implement its programs, policies, and activities that affect human health or the environment so as to identify and avoid "disproportionately high and adverse" effects on minority and low-income populations. The proposed project will not directly impact minority or low-income residences, segment existing minority communities, or separate residential areas from nearby services such as schools. The proposed project will not require right-of-way acquisition or easement from any land protected under Section 4(f) of the Department of Transportation Act of 1966. No geodetic monuments will be impacted during construction of this project. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impacts to prime and important farmland soils by all land acquisition and construction projects. Prime and important farmland soils are defined by the Natural Resources Conservation Service (NRCS). There are no prime or important farmlands in the immediate vicinity of the proposed bridge. No adverse effects to air quality are expected to result from this project. The project is in an air quality "neutral" project, so it is not required to be included in the regional emissions analysis (if applicable), and a project level CO analysis is not required. Since the proposed project is located in an attainment area, 40 CFR Part 51 and 93 are not applicable. If vegetation or wood debris is disposed of by open burning, it shall be done in accordance with applicable local laws and regulations of the North Carolina State Implementation Plan (SIP) for air quality in compliance with 15 NCAC 2D.0520 and the 1990 Clean Air Act and the National Environmental Policy Act. This evaluation completes the assessment requirements for air quality and no additional reports are required. Ambient noise levels may increase during construction of this project; however, this increase will be only temporary and usually confined to daylight hours. There should be T.I.P. No. B~189 Page 19 McDowell County no notable change in traffic volumes after this project is complete. Therefore, this project will have no adverse effect on existing noise levels. Noise receptors in the project area will not be impacted by this project. This evaluation completes the assessment requirements for highway traffic noise set forth in 23 CFR Part 772. No additional reports are required. An examination of North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ), Groundwater Section and the North Carolina Department of Human Resources, Solid Waste Management Section records by the NCDOT Geotechnical Engineering Unit at the revealed no hazardous waste sites in the project area. A field investigation and an examination of records of DENR's Division of Waste Management, Underground Storage Tank Section, revealed that no regulated underground storage tanks exist in the project study area. McDowell County is a participant in the National Flood Insurance Regular Program. This site on South Muddy Creek is not included in a detailed FEMA flood study. Attached is a copy of the Flood Insurance Rate Map, on which are shown the approximate limits of the 100-year flood plain in the vicinity of the project (Figure 6). On the basis of the above discussion, it is concluded that no significant adverse environmental effects will result from implementation of the project. VIII. PUBLIC INVOLVEMENT Efforts were undertaken early in the planning process to contact local officials to involve them in the project development with scoping letters. For this bridge replacement study, all of the alternatives will provide for the maintenance of traffic on-site during construction of the replacement structure. There are no anticipated relocates and minimal impacts to surrounding properties. Therefore, no formal public involvement program was initiated. However, a newsletter was sent to the local residents to inform them of the project. IX. AGENCY COMMENTS Agency comments are summarized below. Letters from the commenting agencies are included in the Appendix. f . United States Department of the Interior Fish & Wildlife Service (USFW) Comment: ':. , we recommend conduclrng habitat a.~sessments and surveying any suitab/e habitat prior to any further p/arming. " Response: No suitable habitats occur within the project study area for any federally listed species. Page 20 T.I.P. No. 8-4189 McDowell County 2. North Carolina Wildlife Resources Commission (NCWRC) Comment: 'Sediment and erosion is a major concern, as a watershed restoration project is underway to reduce negative impacCs to downstream resources, particularly in the Catawba River.... Catawba River resources of concern include brown and rainbow trout tai/water fisheries and state listed mussels, the notched rainbow (ail/osa constricts), state SC, and the creeper (Strophitus undu/atus), state T, which are present near the mouth of Muddy Creek. Sediment and erosion contra/ measures show/d adhere to design standards for sensitive watersheds " Response: Construction will be restricted as noted in the Project Commitments. X. REFERENCES American Ornithologist's Union. 1998. AOU Checklist of North American Birds, Seventh Edition. AOU, Washington, DC. Amoroso, J.L. 2002. Natural Heritage Program List of Rare Plant Species of North Carolina. North Carolina Natural Heritage Program, Raleigh, NC. Burt, William H. and R. P. Gossenheider. 1976. A Field Guide to the Mammals. Houghton Mifflin Company, Boston, MA. [CFR] Code of Federal Regulations. Council on Environmental Quality. 40 CFR 1508.20. Conant, R. 1958. A Field Guide to Reptiles and Amphibians of Eastern and Central North America. Houghton Mifflin Publishing, Boston, MA. Duncan, Wilbur H, and M. B. Duncan. 1999. Wildflowers of the Eastern United States. University of Georgia Press, Athens, GA. ------- 1988. Trees of the Southeastern United States. University of Georgia Press, Athens, GA. Environmental Laboratory. 1987. United States Army Corps of Engineers. Wetlands Delineation Manual, Technical Report Y-87-1. United States Army Engineer Waterways Experiment Station, Vicksburg, MS. Farrand, J., Jr. 1993. Audubon Society Guide to Animal Tracks of North America. Chanticleer Press, New York, NY. Federal Register. 1980. Volume 45, Number 204. 50 CFR Part 17. Rule 45 FR 69360 - 69363. Department of the Interior. U. S. Fish and Wildlife Service, Washington, DC. Griffith, G.E., J.M. Omemik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelburne. 2002. Ecoregions of North Carolina and South Carolina. U.S. Environmental Protection Agency, Reston; VA. Hemmerly, Thomas E. 2000. Appalachian Wildflowers. University of Georgia Press, Athens, GA. Justice, W. S. and C.R. Bell. 1968. Wild Flowers of North Carolina. University of North Carolina Press, Chapel Hill, NC. Lammert, M., J. Higgens, D. Grossman and M. Bryer. 1997. A Gassification Framework for Freshwater Communities: Proceedings of the Nature Conservancy's Aquatic Community Classification Workshop. New Haven, M0. LeGrand, Jr., H.E. and S.P. Hall. 2001. Natural Heritage Program List of Rare Animal Species of North Carolina. North Carolina Natural Heritage Program, Raleigh, NC. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginias. University of Chapel Hill Press, Chapel Hill, NC. [NCCGIA] North Carolina Center for Geographic Information and Analysis. 2001. BasinPro Million-Acre. Edition. NCCGIA, Raleigh, NC. [NCDENR] North Carolina Departrnent of Environment and Natural Resources, Division of Water Quality. 2003. Basinwide Information Management System, Release 5.3, Build 21, T.I.P. No. 8-4189 Page 21 McDowell County NCDENR, Raleigh, NC. <http://h2o.enr.state.nc.us/bims/Reports/reports.html>. September 2003. -------- 2001. Internal Technical Guide for Stream Work in North Carolina. NCDENR, Raleigh, NC. -------- 1999. Catawba River Basinwide Water Quality Plan. NCDENR, Raleigh, NC. [NCDOT] North Carolina Departrnent of Transportation. 1999. Best Management Practices for Bridge Demolition and Removal. NCDOT, Raleigh, NC. -------- 1997. Best Management Practices for the Protection of Surface Waters. NCDOT, Raleigh, NC. North Carolina Geological Survey. 1991. Geologic Map of North Carolina. Printed 1991 reprinted 1996. Raleigh, NC. [NCNHP] North Carolina Natural Heritage Program. 2004. Element Occurrence List for McDowell County, North Carolina. North Carolina Department of Environmental Resources, Raleigh, North Carolina. < http://ils.unc.edu/parkproject/nhp/index.html>. May, 2004. [NCWRC] North Carolina Wildlife Resource Commission. 2003. Fishing Regulations and Information. NCWRC, Raleigh, NC. Palmer, W.M. and A.L. Braswell. 1995. Reptiles of North Carolina. University of North Carolina Press, Chapel Hill, NC. Peterson, Roger Tory. 2002. A Field Guide to the Birds of Eastern and Central North America. 5~' Edition. Houghton Mifflin. New York, NY. Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. The University of North Carolina Press. Chapel Hill, NC. Radford, A.E., H.E. Ahles and C.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. Robbins, C.S., B. Bruun and H.S. Zim. 1966. A Guide to Field Identification of Birds of North America. Western Publishing, Racine, WI. Rosgen, Dave. 1996. Applied River Morphology. Wildlands Hydrology, Pagosa Springs, CO. Rohde, F. C., R. G. Arndt, D. G. Lindquist, and J. P. Parnell. 1994. Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware. The University of North Carolina Press, Chapel Hill, NC. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina Third Approximation. North Carolina Natural Heritage Program, Raleigh, NC. Smith, Richard M. 1998. Wildflowers of the Southern Mountains. The University of Tennessee Press, Knoxville, TN. [U.S.C.] United States Code. Clean Water Act of 1994, 33 U.S.C 1344. [USDA] United States Department of Agriculture, Natural Resources Conservation Service. 1995. Soil Survey of McDowell County, NC. -------- 1995. Hydric Soils of North Carolina. U.S. Government Printing Office, Washington, DC. [USFWS] United States Fish and Wildlife Service. 2003. McDowell County Endangered Species, Threatened Species and Federal Species of Concern. United States Department of Interior, Washington, DC. < http://nc-es.fws.gov/>. 2 June 2003,. -------- 1999. Endangered and Threatened Wildlife and Plant`s 50 CFR 17.11 and 17.12. United States Fish and Wildlife Service, Washington, DC. -------- 1992 (updated 1996). Endangered and Threatened Species of the Southeastern United States (The Red Book). United States Fish and Wildlife Service Southeastern Region, Atlanta, GA. Weakley, Alan S. 2002. Flora of the Carolinas and Virginia. UNC Herbarium, North Carolina Botanical Garden, University of North Carolina. Chapel Hill, NC. <http://www.herbarium.unc.edu/weakley_flora/default.htm>. October 2003. Webster, W.D., J.F. Parnell, and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. University of North Carolina Press, Chapel Hill NC. Wherry, E.T. 1995. The Fern Guide to Northeastern and Midland United States and adjacent Canada. Dover Publications, New York City, NY. Page 22 T.I.P. No. 8-4189 McDowell County FIGURES Figure 1 Vicinity Map Figure 2-1 Photographs figure 2-2 Photographs Figure 2 3 Photographs Fgure 3 Typica/Section Figure 4A P/an dew A/temative 1 Figure 4B P/an dew A/ternative 2 Fgure 4C P/an ~ewAlternative 3 Figure 5 Natural Communities and Surface Waters Figure 6 100-year F/ood P/ain 0.25 0 0.25 0.5 MILES VIEW OF NORTH- WESTERN APPROACH VIEW OF SOUTHEAST- ERN APPROACH I '@.,~ I D~pP~VV1VAf81V751L~RYSIS ON I McDOWELL COUNTY TIPNO. B-gi89 REPLACEl~ffi~'T BRIDGE NO.49 OVER SOUTH MUDDY CREEK ON NC s26 PHOTOGRAPHS Figure 2-i VIEW OF UPSTREAM (LOOKING SOUTH- WEST) VIEW DOWNSTREAM (LOOKING NORTH- EAST) I ~~ I DBPAR77N1!@VN 7N~OFKr ~R~~ ON I McDOWELL COi1NIY TIPNO. B-4~89 BRIDGE NO.49 OVER S O L T I N M U D D Y C R E F. K O N N C as 6 PHOTOGRAPHS Figure 2-2 VIEW OF UPSTREAM FACE (LOOKING NORTH-EAST) VIEW OF DOWN- STREAM FACE (LOOKING SOUTH- WEST) I ~~ I DEP pARTMENTON~~ AO ~~ ON I McDOWELL COUNTY TTPNO. 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B ¢t89 REPI,ACEbIE2VTBRIDGBNO. 49OVER SOOT l~ MUDDYCRP.EK ONNC ss6 FF.MA Yoo-YEAR bZOODMAP 1''1g't,li'~ 6 United States Department of the Interior FISH AND WII.DI:IFE SERVICE `rib ,,~ ' Asheville Field Office ~p~ ~ ~ • 160 Zillicoa Sirret =fin ~ ~ Asheville, North Carolina 28801 ~.,,~ ,.. October 3, 2003 ~ x ~~ a rn ~ $ ~ ~~~~ `~~sl~~1.D Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: Subject: Proposed Bridge Replacement Projects in Alexander, Alleghany, Avery, Burke, Caldwell, McDowell, Watauga, and Wilkes Counties, North Carolina We have reviewed the subject projects and are providing the following continents in accordance with the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). The information we received for these projects includes brief descriptions of the proposed alternatives, but not the structures that will replace the existing bridges, nor does it include any environmental information regarding the streams or whether habitat assessments or surveys for raze species have been conducted for any of these projects. Therefore, our comments are limited primarily to the known locations of listed species and federal species of concern. When the categorical exclusions are prepared and more information is available regarding environmental effects, we can offer more substantive comments. Enclosed are species lists from the eight counties included in this package. These lists provide the names of species on the Federal List of Endangered and Threatened Wildlife and Plants and federal species of concern. Federal species of concern are not legally protected under the Act and are not subject to any of its provisions, including section 7, unless they are formally proposed or listed as endangered or threatened. We are including these species in our response to give you advance notification and to request your assistance in protecting them if any are found in the vicinity of your projects. Our records indicate the following: McDowell County -Projects B-4190 (I,og No. 42-03-449), B-4191(I.og No. 4-2-03-451), and, B-4189 (Log No. 42-03-452); Alezander County -Project B-4005 (I.og No. 4-2-03-453); and Caldwell County - Project B-4054 (Log No. 4-2-03-454). Our records for these counties and project areas indicate no known locations of listed species in the project areas. However, we recommend conducting habitat assessments and surveying any suitable habitat in the project areas for these species prior to any further planning or on-the-ground activities to ensure that no adverse impacts occur to them. Avery County -Project B-3608 (Log No. 42-03-455) and Wilkes County -Project B-4325 (I,og No. 42-03-456). Our records indicate known . locations for the threatened (due to similarity of appearance) bog turtle (Clemmys muhlenbergii~ near these projects. Habitat assessments and surveys of suitable habitat should be conducted in the pmject areas for this species. If the bog turtle occurs in the project areas, it should be protected from impacts. Alleghany County -Project B-4008 (Log No. 4-2-03-45~. Our records indicate known locations of the threatened (due to similarity of appearance) bog turtle (Clemmys muhlenbergii~ and a federal species ofconcern-gray's lily (Lillium grayi~--near this project. Habitat assessments and surveys of suitable habitat should be conducted in the project area for these species. If they occur in the project area, they should be protected from impacts. Watauga County -Project B-4315 (I,og No. 4-2-03-458). Our records indicate known locations for the green floater mussel (Lasmigona subviridis) and Diana fritillary butterfly (Speyeria Jana) (both of which are federal species of concern) near the project area. Habitat assessments and surveys of suitable habitat should be conducted in the project area for these species. If they occur in the project area, they should be protected from impacts. Burke County -Project B-4042 (I.og. No. 42-03-459). Our records indicate known locations of the brook floater mussel (Alasmidonta varicosa) (a federal species of concern) near the pmject area. Habitat assessments and surveys of suitable habitat should be conducted in the project area for this species and other native freshwater mussels. If native freshwater mussels are found to occur in the project area, they should be protected from impacts. We are interested in the types of structures that will replace these existing bridges and would recommend spanning structures, preferably bridges, in all cases. In addition, off-site detours are preferable to temporary on-site crossings to reduce stream-bank disturbance. We look forward to reviewing the completed categorical exclusion documents. If you have questions about these comments, please contact Ms. Marella Buncick of our staff at 828/258-3939, Ext. 237. In any future correspondence concerning these projects, please reference our log numbers assigned above to each project with our comments. Sincerely; ~~~ rian P. Cole Field Supervisor Enclosure cc: Mr. Steve Lund, U,S. Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 Ms. Marla J. Chambers, Highway Projects Coordinator, North Carolina Wildlife Resources Commission, 12275 Swift Road, Oakboro, NC 28129 Ms. Cynthia Van Der Wiele, North Carolina Department of Environment and Natural Resources, Division of Water Quality, Wetlands Section, 1621 Mail Service Center, Raleigh, NC 27699-1621 ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL SPECIES OF CONCERN, ALEXANDER, ALLEGHANY, AVERY, BURKE, CALDWELL, McII~~WELL, WATAUGA, AND WILKES COUNTIES, NORTH CAROLINA This list was adapted from the North Carolina Natural ieritage Program's.County Species List. It is a listing, for Alexander, Allegheny, Avery, Burke, Caldwell, McDowell, Watauga, and Wilkes Counties, of North Carolina's federally listed and proposed endangen~l, threatened, and candidate species. and Federal species of concern (for a complete list of rare species in the state, please contact the. North Carolina Natural Heritage Program). The information in this list is compiled from a variety of sources, including field surveys, museums and herbaria, literature, and personal communications. The North Carolina Natural Heritage Program's database is dynamic, with new records being added and old records being revised as new information is received. Please note that this list cannot be considered a definitive record of listed species and Federal species of concern, and it should not be considered a substitute for field surveys. Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated or Proposed. Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur. However, projects may have effects on downstream aquatic systems in adjacent counties. COMMON NAME SCIENTIFIC NAME STATUS ALEXANDER COUNTY Vertebrates Bog turtle Rafinesque's big-eared bat Clemmys muhlenbergii Corynorhinus raf~nesquii T(S/A)' FSC* Vascular Plants Torrey's mountain-mint Nonvascalar Plants Keever's bristle-moss ALLEGHANY COUNTY Vertebrates Pycnanthemum torrei Orthotrichum keeverae Bog turtle Clemmys muhlenbergii Hellbender Cryptobranchus alleganiensis Eastern small-footed myotis Myotis (=subulatus) leibii Kanawha minnow Phenacobius teretulus Invertebrates Grayson crayfish ostracod Pygmy snaketail - Diana fritillary butterfly Regal fritillary butterfly Ascetocythere cosmeta Ophiogomphus howei - Speyeria diana Speyeria idalia FSC* FSC T(S/A)' FSC FSC FSC FSC FSC FSC FSC January 29, 2003 Page / of 6 COMMON NAME SCIENTIFIC NAME STATUS Vascular Plants "Fen" sedge Carex sp. 2 Cuthbert's turtlehead Chelone cuthbertii Tall larkspur Delphinium exaltatum Gray's lily Lilium grayi ' Sweet pinesap Monotropsis odorata Carolina saxifrage Sara caroliniana Nonvascular Plants Keever's bristle-moss Orthotrichum keeverae AVERY COUNTY FSC FSC FSC* FSC FSC* FSC FSC Critical Habitat Designation: Spruce-fir moss spider, Microhexura montivaga - Critical habitat designated (see the July 6, 2001, Federal Register, 66:35547-35566). Vertebrates Southern Appalachian saw whet owl Bog turtle Virginia big-eared bat Hellbender Blotched chub Carolina northern flying squirrel Southern Appalachian red crossbill Southern rock vole Eastern. small-footed bat Allegheny woodrat Southern Appalachian black-capped chickadee Southern water shrew Southern Appalachian yellow-bellied sapsucker Appalachian cottontail Appalachian Bewick's wren Aegolius acadicus Clemmys mehlenbergii Corynorhinus townsendii virginiamts Cryptobranches alleganiensis Erimystax insignis Glaucomys sabrim~s coloratus Loxia curvirostra Microtus chrotorrhinus carolinensis Myotis leibii Neotoma magister Poecile atricapillus practices FSC T(S/A)' Endangered Invertebrates Grayson crayfish ostracod Spruce-fir moss spider Diana fritillary butterfly Regal fritillary butterfly Vascular Plants Fraser fu . Mountain bittercress Cuthbert's furtlehead Tall larkspur Bent evens Spreading evens FSC FSC Endangered FSC FSC FSC FSC FSC Sorex palestris punctelatus FSC Sphyrapicus varies appalaciensis FSC Sylvilagus obscures Thryomanes bewickii altos Ascetocythere cosmeta Microhexura montivaga Speyeria diana Speyeria idalia Abies fraseri Cardamine clematitis Chelone cuthbertii Delphinium exaltatum Geum geniculatum Geum radiatran FSC FSC FSC Endangered FSC FSC FSC FSC FSC FSC* FSC Endangered January 29, 2003 Page 2 of 6 COMMON NAME SC'TENTIFIC NAME STATUS Roan Mountain bluet Houstonia montane Endangered Butternut Juglans cinerea FSC Heller's blazing star Liatris helleri Threatened Gray's lily Cilium grayi FSC Bog bluegrass Poapaludigena FSC Carolina saxifrage Sax~aga caroliniana FSC Blue Ridge goldenrod Solidago spithamaea Threatened Nonvascular Plants Rock gnome lichen Gymnoderma lineare Endangered A liverwort Plagiochila sullivantii var. sullivantii FSC A liverwort Plagiochila virginica var. caroliniana FSC A liverwort Sphenolobopsis pearsonii FSC BURKE COUNTY Critical Habitat Designation: Mountain golden heather, Hudsonia montane -The area bounded by the following: on the west by the 2200' contour, on the east by the Linville Gorge Wilderness Boundary north from the intersection of the 2200' contour and the Shortoff Mountain Trail to where it intersects the 3400' contour at "The Chimneys"- then follow the 3400' contour north until it reintersects the Wilderness Boundary-then follow the Wilderness Boundary again northward until it intersects the 3200' contour extending west from its intersection with the Wilderness Boundary until it begins to turn south--at this point the Boundary extends due east until it intersects the 2200' contour. Vertebrates Bog turtle Rafinesque's big-eared bat Bald eagle Southern Appalachian woodrat Allegheny woodrat Invertebrates Brook floater Edmund's snaketail dragonfly Pygmy snaketail dragonfly Diana fritillary butterfly Vascular Plants Cuthbert's turtlehead Spreading evens Dwarf-flowered heartleaf Mountain golden heather Small whorled pogonia Butternut Heller's blazing star Sweet pinesap Carolina saxifrage - Clemmys muhlenbergii T(S/A)' Corynorhinus rafinesquii FSC Haliaeetus leucocephalus Threatened (proposed for delisting) Neotoma floridana haematoreia FSC Neotoma magister FSC Alasmidonta varicose FSC Ophiogomphus edmundo FSC* Ophiogomphus bowel FSC Speyeria Jana ~ FSC Chelone cuthbertii FSC Geum radiatum Endangered Hexastylis nanillora Threatened Hudsonia montane Threatened Isotria medeoloides Threatened Juglans cinerea - - FSC Liatris helleri Threatened Monotropsis odorata FSC Sax~aga caroliniana FSC January 29, 2003 Page 3 of 6 COMMON NAME SCIENTIFIC NAME STATUS Nonvascutar Plants A liverwort Cephaloziella obtusilobula FSC* A liverwort Plagiochila sullivantii var. spinigera FSC A liverwort Plagiochila sullivantii var. sullivantii FSC A liverwort Porella wataugensis FSC* McDOWELL COUNTY Vertebrates Bog turtle Clemmys muhlenbergii T(S/A)' Olive-sided flycatcher Contopus borealis FSC Cerulean warbler Dendroica cerulea FSC Bald eagle Haliaeetus leucocephalus Threatened (proposed for delisting) Southern Appalachian woodrat Neotoma,~loridana haematoreia FSC* Allegheny woodrat Neotoma magister FSC Invertebrates Bennett's Mill Cave water slater Caecidotea carolinensis FSC Diana fritillary butterfly Speyeria Jana FSC Vascular Plants Roan sedge Carex roanenis FSC Cuthbert's turtlehead Chelone cuthbertii FSC Tall larkspur Delphinium exaltatum FSC** Mountain golden heather Hudsonia montane Threatened Rocky shoal spider lily Ilymenocallis coronaria FSC Small whorled pogonia Isotria medeoloides Threatened Butternut Juglans cinerea FSC Gray's lily ~ Cilium grayi FSC Swcet pinesap Monotropsis odorata FSC Northern Oconee-bells Shortie galacifolia var. brevistyla FSC WATAUGA COUNTY Critical Habitat Designation: Spruce-fir moos spider, Microhexura montivaga - Critical habitat designated (see the July 6, 2001, Federal Register, 66:35547-35566). Vertebrates Southern Appalachian saw-whet owl Bog turtle Hellbender Cerulean warbler Carolina northern flying squirrel Southern Appalachian red crossbill Allegheny woodrat Southern Appalachian black-capped chickadce Kanawha minnow Southern water shrew Aegolius acadicus FSC Clemmys muhlenbergii T(S/A)' Cryptobranchirs alleganiensis FSC Dendroica ceryrlea FSC Glaucomys sabrinus coloratus Endangered Laxia curvirastra FSC Neotoma magister FSC* Poecile atricapillus practices FSC Phenacobius teretulus ~ -FSC Sorex palustris punctulatus - FSC* January 29, 2003 Page 4 of 6 COMMON NAME SCIENTIFIC NAME STATUS Southern Appalachian yellow-bellied sapsucker Appalachian cottontail Invertebrates Green floater Spruce-fir moss spider Diana fritillary butterfly Vascular Plants Sphyrapicus varies appalaciensis FSC S~Ivilagus obscures FSC* .• Lasmigona subviridis FSC hTcrohexura montrvaga Endangered Speyeria diana FSC Fraser fir Abies fraseri FSC Mountain bittercress Cardamine clematitis FSC Tall lazkspur Delphinium exaltatum FSC Glade spurge Euphorbiapurpurea FSC** Bent avers Geum geniculatum FSC Spreading avers Geum radiatum Endangered Roan Mountain bleat Houstonia montana Endangered Butternut Juglans cinerea FSC Heller's blazing star Liatris helleri Threatened Gray's lily Lilium grayi FSC Bog bluegrass Poapaludigena FSC* Nonvascular Plants A liverwort Porella wataugensis FSC* WILKES COUNTY Vertebrates Bog turtle Clemmys muhlenbergii T(S/A)' Cerulean warbler Dendroica cerulea FSC Invertebrates Diana fritillary butterfly Speyeria diana FSC Regal fritillary butterfly Speyeria idalia FSC Vascular Plants Butternut Juglans cinerea FSC Torrey's mountain-mint Pycnanthemum torrei FSC* Nonvascular Plants Keever's bristle-moss Orthotrichum iEeeverae FSC KEY: Statas Definition Endangered A taxon "in danger of extinction tluoughout ap or a significant portion of its range." Threatened A taxon "likely to become tadange~ed within the foreseeable futtne throughout all or a significant portion of its range." January 29, 2003 Page S of 6 .~ FSC A Federal species of concern-a species that may or may not be listed in the future (formerly CZ candidate species or species under consideration for listing for which there is insufficient information to support listing). T(S/A) Threatened due to similarity of appearance (e.g., American alligator }a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. e Species with 1, 2, 3, or 4 asterisks behind them indicate historic, obscure, or incidental records. *Historic record -the species was last observed in the county more than SO years ago. **Obscure record - the date and/or location of observation is uncxrtain. ***IncidentaVmigrant record -the species was observed outside of its normal range or habitat. ****Historic record -obscure and incidental record. 'In the November 4, 1997, Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land-management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. January 29, 2003 Page 6 of 6 U,S. Department of agneulture FARMLAND GONVEf~SiON IMPACT RATING PART+~t I To 7e COrnorejeo bY =eoerol Age:tCll I Oate Ot [.and Evatwaon rieou.st 9 ~ 03 C = \UJt P•oiect .~T ~C` O,~o~(Q Faoersl Ayrney InvowW /~~ ~rl " ~ tJU l Pr oo:ro I.ano use f,oCC~ County Ar+e State ,t/ I ART 11 (To tre completed by SCS! Oan Aepuest Raepv 8r 1 Z(,~ o Ooa tha sits contain prime, unique, sntawide or local important farmiandi' Yes No Acres imgeted Average Ferro Site (/1 no, the FPPA does nor apaly - do nor complete addir/ona/ parrs of this forrnJ, ^ Matoe Croo(s/ Fxn+s~ble 6srW In Dort. Jurisdiction Anauec Of Ferrntand As Defined in PPA ..___ .... -- - - - ~~ % Acres: A Assetsrtpnt ART III /To be een~e%rwr~ Av /C.,/..,.r e..~.._..~ ' ' ~ Site A Site B A. Tonl Acres To Be Converted Oiceetly 8. Total Acres To 8e Converted Indirect) • ate C Site O C. Tonl Acres In Siu ART IV (To be comp/eted by SCS) Land Evalwtion information . A. Total Acres Prime And Unique Farmland ~ 8. Totes! Acres Statewide And Loal Important Farmland Q~ C. Percennga Of Farmland In County Or loll Govt Unit To 8a Converted d O. Perewrtaq~ Ot FertrWnd In Govt, Jurisdiction YYidt Same Or Nigher geiatiw Velw v ART V (To be consplered by SCS! Land Evalwtion Criterion Relative Value Of FarmlandTo Be Converged (Sp/tof0to 1Di0Pointsl ~ AAT V I (To be corrrp/e[ed b y federal Agerecy/ Maximexn .et Araaesrnent Criteria lThaae errttria art tsi:lsirrad In ~ CFR 638J1b/ Poieot 1. Area In Nonurban Use Z. Perimeter In Nonurb~n Use 3. Percent Of Stu 8ei Farmed 4. Protection Provided By Snte And Lopl Governrnettt 5. Distarxe From Urban Builgup Arta 6. Oistsnce To Urban Support Services 7. Sizt Of Present Farm Unit Comwred To A E. C.~on Of Notsfarmable FsrrMand • 9. Avaiiabifi Of Farm Su Servitxs 1Q On-Earn[ Investments 11. Effects Of Conversion On Farm Support Services 12 Corn atibili with Existin A 'eultutal Ust TOTAL. SITE ASSESSMENT POINTS ~gp -RT V I i (To be comp/tnd by fider:l Agency/ RNetive Value Of Farmland (Front Parr VJ Ipp s:~ 1 Sent ( roar Psrr V/ above or a local 16G TOTAL POINTS (Tors/ of above 2lines/ ygp . I t+l-as A [.,gees[ Siee Aereetsstenc Ueeo l " ~*'~w°~ - ~ ~ Date Ot Saiet:tion _ ' Yet O No D woe For Sau+cnon: ~~~~ ~~ ~ ~~ ~$ ~~ 1 ~ ~, .~~~~xur.,a+e V.il4 ry .lutlwxn•, ~iNl':.~••.I ';ununq hl~q ~:!r:. !. hn.)KVdH?. ~itllfV?!x:~yr :r'N1,.' 1-V l~ (~ ~ ~ 0 ,ti~o~~*~ September 1 _, _0 3 Gregory J. Thorpe, Ph.D., Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service ('enter Raleigh, North Carolina 27690-1548 near Ur. Thorpe: Rl;(1UEST FUR COMMIiNTS UN BRIDGE REPLACEMENT' 1'ItUJLCTS B-4042, B-4054. B- 4189, B-4190, AND B-41~)], YADKIN ANU CATAWBA RIVER WATERSHEDS, BURKF., CALDWEI.L, AND MCDUWELL COUNTIES, NORTH CAItUL1N:'~ TVA leas reviewed the project descriptions provided in your letters of August 18, 2003, on the proposed bridge replacements in Burke, Caldwell, and McDowell Counties. It appears that there is no TVA pernut or other TVA involvement associated with these projects: • B-4042, Bridge #274 on SR 1248 over Canoe Creek, Burke County • B-4054, Bridge #334 on SR 1517 over Yadkin River, Caldwell County • B-4189, Bridge #49 on NC 226 over South Muddy Creek, McDowell County • B-4190, Bridge #37 on NC 226 over Hopper Creek, McDowell County • B-4191, Bridge #82 on NC 226 over Jacktown Creek, McDowell County Should you have any questions, please contact Harold M. Draper at (865) 632-6889 or hmdraper(g~tva.gov. Sincerely, .~ ~~ Jon M. ney, Mafiager . NEPA Administration Environmental Policy and Planning cc: Mr. John Sullivan, Division Administrator _ Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, North Carolina 27601 Z r _ _® North Carolina Wildlife Resources Commissioner _ Charles R. Fullwood, Executive Director TO: Gregory J. Thorpe, P1i.D., Director Project Development and Environmental Analysis Branch, NCDOT FROM: Marla Chambers, Highway Projects Coordinator Vii'/~ ~~~ Habitat Conservation Program, NCWRC DATE: November 5, 2003 SUBJECT: Scoping review of NCDOT's proposed bridge replacement projects B-4008, B- 3608, B-4054, B-4315, B-4325, B-4189, B-4190, B-4191, B-4042, and B-4005 in Alexander, Allegheny, Avery, Caldwell, Burke, McDowell, Watauga, and Wilkes, Counties. North Carolina Department of Transportation (NCDOT) has requested comments from the North Carolina Wildlife Resources Commission (NCWRC) regarding impacts to fish and wildlife resources resulting from the subject projects. Staff biologists have reviewed the information provided and have the following preliminary comments. These comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Our standard recommendations for bridge replacement projects of this scope are as follows: 1. We generally prefer spanning structures. Spanning structures usually do not require work within the stream and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridge deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. 4. If possible, bridge supports (bents) should not be placed in the stream. Mailing Address: Division of Inland Fisheries • 172) '1•tail $en•i~-c (::~~nu•* • R.ilci;;h,1~'C 27699-1721 'Telephone: (919) 733-3633 cxt. ?S I • l=ax: i 91',r) 't ~-7613 Bridge Scopings: Alexander, Allegheny, Avery, 2 Burke, Caldwell, McDowell, Watauga, Wilkes Co.'s November 5, 2003 5. If temporary access roads or detours are constructed, they should be removed back to original ground elevations immediately upon the completion of the project. Disturbed 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 6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army Corps of Engineers nationwide and general `404' permits. We have the option of requesting additional measures to protect trout and trout habitat and we can recommend that the project require an individual `404' permit. S. In streams that contain threatened or endangered species, Mr. Hal Bain with the NCDOT - ONE should be notified. Special measures to protect these sensitive species may be required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species Act as it relates to the project. 9. In streams that aze used by anadromous fish, the NCDOT official policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 199'n" should be followed. 10. In areas with significant fisheries for sunfish, seasonal exclusions may also be recommended. 11. Sedimentation and erosion control measures sufficient to protect aquatic resources must be implemented prior to any ground distwbing activities. Structures should be maintained regularly, especially following rainfall events. 12. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. l 3. All work in or adjacent to stream waters should be conducted in a dry work azea. Sandbags, rock berms, cofferdams, or other diversion structures should be used where possible to prevent excavation in flowing water. 14. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. 15. Only clean, sediment-free rock should be used as temporary fill (causeways), and should be removed without excessive disturbance of the natural stream bottom when construction is completed. 3ridge Scopings: Alexander, Allegheny, Avery, 3 Burke, Caldwell, McDowell, Watauga, Wilkes Co.'s November 5, 2003 16. During subsurface investigations, equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic.materials. If corrugated metal pipe arches, reinforced concrete pipes, or concrete box culverts are used: 1. The culvert must be designed to allow for aquatic life and fish passage. Generally, the culvert or pipe invert should be buried at least 1 foot below the natural streambed (measured from the natural thahveg depth). If multiple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream bankfull or floodplain bench.elevation (similar to Lyonsfield design). These should be reconnected to floodplain benches as appropriate. This may be accomplished by utilizing sills on the upstream end to restrict or divert flow to the base flow barrel(s). Silled barrels should be filled with sediment so as not to cause noxious or mosquito breeding conditions. Sufficient water depth should be provided in the base flow barrel during low flows to accommodate fish movement. If culverts are longer than 40-50 linear feet, alternating or notched bales should be installed in a manner that mimics existing stream pattern. This should enhance aquatic life passage: 1) by depositing sediments in the barrel, 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic organisms. In essence, the base flow barrel(s) should provide a continuum of water depth and channel width without substantial modifications of velocity. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated along the existing channel alignment whenever possible to avoid channel realignment. Widening the stream channel must be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 4. 12iprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized, and installed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. Tall fescue should not be used in riparian areas. If the area that is reclaimed Bridge Scopings: Alexander, Allegheny, Avery, 4 Burke, Caldwell, McDowell, Watauga, Wilkes Co.'s November 5, 2003 was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be used as wetland mitigation for the subject project or other projects in the watersi~ed. Project specific comments: B-4005, Alexander Co., Bridge No.70 over Grassy Creek on SR 1331. Grassy Creek is Class C waters. Santee chub (Cyprinella aanema), state Significantly Rare (SR), and brook. floater (Alasmidonta varicosa), Federal Species of Concern (FSC) and state Threatened (T), may be present downstream in the Lower Little River. No special concerns indicated at this time in the project vicinity. Standard requirements should apply. 2. B-4008, Alleghany Co., Bridge No. 39 over Little River on SR 1193. Little River is classified as C Trout and is Hatchery Supported (HS) Designated Public Mountain Trout Waters (DPMTW). The Kanawha minnow (Phenacobius teretulus), FSC and state Special Concern (SC); Kanawha darter (Etheostoma kanawhae), state SR; tonguetied minnow (Exoglossum laurae), state SR; and bog turtle (Glyptemys muhlenbergii~, state T and federal Threatened due to Similarity of Appearance, may occw in the project area or downstream. A moratorium prohibiting in-stream work and land distwbance within the 25-foot trout buffer is recommended from October 15 to Apri115 to protect the egg and fry stages of trout. Sediment and erosion control measwes should adhere to the design standards for sensitive watersheds. The bridge should be replaced with another spanning structure. 3. B-3608, Avery Co., Bridge No. 44 over North Toe River on US 19E. The North Toe River is classified as WS-III Trout and is HS DPMTW with excellent rainbow and brown trout habitat. The blotched chub (Erimystax insignis), FSC and state SR, occws in the project area. Appalachian elktoe (Alasmidonta raveneliana), federal and state Endangered (E), and wavy-rayed lampmussel (Lampsilis fasciola), state SC, occw in the North Toe River downstream of Spruce Pine, NC. A moratorium prohibiting in-stream work and land distwbance within the 25-foot trout buffer is recommended from October 15 to April 15 to protect the egg and fry stages of trout. Sediment and erosion control measwes should adhere to the design standards for sensitive watersheds. The bridge should be replaced with another spanning structure. 4. B-4042, Bwke Co., Bridge No. 274 over Canoe Creek on SR 1248. Canoe Creek is Class C water. No special concerns indicated. Standard requirements should apply. 5. B-4054, Caldwell Co., Bridge No. 334 over the Yadkin River on SR 1517 (Whisnant Road). The Yadkin River, although classified as C Trout, supports smallmouth bass in the project area. A moratorium prohibiting in-stream work is recommended from May 1 to July 15 to protect the egg & fry stages of smallmouth bass. 6. B-4189, McDoweil Co., Bridge No. 49 over South Muddy Creek on NC 226- South Muddy Creek is Glass C waters and is within the Muddy Creek drainage. Sediment and erosion control is a major concern, as a watershed restoration project is under way to reduce negative impacts to downstream resowces, particularly in the Catawba River. Downstream of the project area, South Muddy Creek, Muddy Creek and the Catawba River have the WS-IV .bridge Scopings: Alexander, Allegheny, Avery, 5 Burke, Caldwell, McDowell, Watauga, Wilkes Co.'s November 5, 2003 classification. Catawba River resources of concern include brown and rainbow trout tailwater fisheries and state listed mussels, the notched rainbow (Villosa constricts), state SC, and the creeper (Strophitus undulatus), state T, which are present near the mouth of Muddy Creek. Sediment.and erosion control measures should adhere to the design standards for sensitive watersheds. 7. B-4190, McDowell Co., Bridge No. 37 over Hoppers Creek on NC 226. Hoppers Creek is Class C waters and is within the Muddy Creek drainage. Sediment and erosion control is a major concern, as a watershed restoration project is under way to reduce negative impacts to downstream resources, particularly in the Catawba River. Downstream of the project area, Hoppers Creek, South Muddy Creek, Muddy Creek and the Catawba River have the WS-IV classification Catawba River resources of concern include brown and rainbow trout tailwater fisheries and state listed mussels, the notched rainbow (Villosa constricts), state SC, and the creeper (Strophitus undulatus), state T, which are present near the mouth of Muddy Creek. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. 8. B-4191, McDowell Co., Bridge No. 82 over Jacktown Creek on NC 226. Jacktown Creek is Class C waters and is within the Muddy Creek drainage. Sediment and erosion control is a major concern, as a watershed restoration project is under way to reduce negative impacts to downstream resources, particularly in the Catawba River. Dow-nstreaun of the pmject area, North Muddy Creek, Muddy Creek and the Catawba River have the WS-IV classification. Catawba River resources of concern include brown and rainbow trout tailwater fisheries and state listed mussels, the notched rainbow (Villosa constricto), state SC, and the creeper (Strophitus undulatus), state T, which are present near the mouth of Muddy Creek. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. 9. B-4315, Watauga Co., Bridge No. 62 over Bairds Creek on NC 194. Bairds Creek is Class C waters and flows into the Watauga River, classified as B Trout HQW, not far from the project site. Trout may occur in the project area. The green floater (Lasmigona subviridis), FSC and state E, is present in the Watauga River downstream of the project. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. 10. B-4325, Wilkes Co., Bridge No. 718 over Middle Fork Reddies River on SR 1580. Middle Fork Reddies River is classified WS-II Trout and is HS DPMTW from the project site upstream Both trout and sinalhnouth bass are present. At this time, a moratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer is anticipated from October 15 to April 15 to protect the egg and fry stages of trout. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds. The bridge should be replaced with another spanning structure. ` We request that NCDOT routinely minimize adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. The NCDOT sheuki install and maintain sedimentation control measures throughout the life of the project and prevent wet concrete from contacting water in or entering into these streams. Replacement of bridges with spanning structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Bridge Scopings: Alexander, Alleghany, Avery, Burke, Caldwell, MoDowell, Watauga, Wilkes Co.'s November 5, 2003 Spanning structures allow wildlife passage along streambanks, reducing habitat fragmentation and vehicle related mortality at highway crossings. If you need further assistance or information on NCWRC concerns regarding bridge replacements, please contact me at (704) 485-2384. Thank you for the opportunity to review and comment on these projects. cc: Cynthia Van Der Wiele, NC DWQ Marella Buncick, USFWS Sarah McRae, NC NHP ~ """/C `O~O RQG - .. ~ WiJI"tam G. Ross Jr., Secretary North Carolina Departtnertt of Environment and Natural Resources CIS r _ - Alan W. Klimek. P.E.. Director j Division of Water Quality O .~ Coltxn H. SulGas, Deputy Director Water Quality _ .._-. Oc v~~~~ Zt~3 ,~~ MEMORANDUM ~ o ~v~-t ~ r ~ ~~ ,a Tn TO: Gregory J. Thorpe, PhD, Director ~•"' z ~ NCDOT Project Development and Environmental Analysis Branc s~ ~ N° ~ ~, ~ d lF'~ .. FROM: Robert Ridings, Env. Tech., DWQ 401 Unit/'~ia'~r~ `'"d,~ ghr0 ''~'Cr~ THROUGH: John R. Dorney, Supervisor, DWQ 401 Un of SUBJECT: Scoping Review of NCDOT's proposed bra ~ replaceme rojects: B-4008, B-3608, B-4054, B-4315, B~325, B-4190, B-4189, B-4191, B-4042, and B-4005. In reply to your correspondence dated August 18, 2003 (received August 28, 2003) to Cynthia Van der Wiele, in which you requested comments for the referenced projects, the NC Division of Water Quality has the following comments: I. General Comments ReAardinJ~ Bri'dJ~e Reylacement Projects 1. If corrugated metal pipe arches, reinforced concrete pipes, or concrete box culverts are used to replace the bridge, then DWQ recommends the use of Nationwide Permit No. 14 rather than Nationwide Permit 23. 2. Bridge demolition should be performed using Best Management Practices developed by NCDOT. 3. DWQ prefers spanning structures. Spanning structures usually do not require work within the stream and do not rcyuire stream channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlilc passage beneath the structure, does not bl(x:k fish passage, and d(x;s not block navigation by can(x;ists find boaters. '. Bridge deck drains should nN discharge directly info fhc stream: slormwater should he directed across the bridge and pn:-treatul through site-appropriate means (grassed swalcs, pre-formed scour holes, vegetated hutfers, etc.) belore entering the stream. Please relcr to NCDU'f Bcst Management Practices for the Protection of Surface Waters 5. Live crntcrcte should not tx: allowed to contact the water in or enicring into the stream. C'oncrcte is nwstly made up of lime (calcium carbonate)rnd when in a dry or wet state (not hardened) calcium carhonate is very soluble in water and has a pH of approximately 12. ]n an unhardened state concrete or cement will change the pH of fresh water to very basic and will cause fish and other mrcroinvertebrate kills. G. If possible, bridge supports (bents) should not be placed in the stream. ... ?. 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 :l spacing of not more than 10'x 10'. If possible, when using temporary structures the area should be cleared but riot grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and IeJiving the stumps and root mat intact. allows the area to re-vegetate nrturally and~minimizes disturbed soil. - .awA ~~--~ - idLD~ K (' 1)iwtinm of Water (rltahty. 4(11 Wetland. ('rnifiplwn Unit. 1(~SI- M•ri I ticn•tcc Crnte. RaktiFh. N(' 27(144. I GSI- (Mailing AJJres~ 1 ~?'I ('rrhtraa• lllvJ . ItaktFh. N(' 27(~I-t-22(tltlLrtcauunl x4141 7i : 171361rtfltt11C1. rlJrl.73i.(,Rr1: HJ~L Iltllp /rh:••}711 ~1alc IN ttJlu'aa'ctlartt)v ( u~utntet ScrttrrM I-K77-1,2~-67aK 8. A clear bank (rip rap-free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 9: Sedim:;station and erosion control measures sufficient to protect water resources must be implemented prior to any h+ound disturbing activities. Structures should be maintained regularly, especially following rainfall events. 10. Bare soil should be stabilized through vegetation or other means as quickly as feasible to prevent sedimentation of water resources. 11. 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. 12. 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. This equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. II. General Comments if Reylaein~ the Bnd~e with a Culvert 1. The culvert must be designed to allow for aquatic life and fish passage. Generally, the culvert or pipe invert should be buried at least 1 foot below the natural streambed {measured from the natural thalweg depth). If multiple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream bankfull or floodplain bench elevation (similar to Lyonsf~~-~ci design). These should be reconnected to floodplain benches as appropriate. This may be accompli::.-:: d by utilizing sills on the upstream end to restrict ur divert flow to the base flow barrel(s). Silted barrels should be filled with sediment so as not to cause noxious :,r mosquito breeding conditions. Sufficient water depth should be provided in the base flow tktrrei during low flows to accommodate fish movement. if culverts are longer than 4U-5() linear feet, alternating or notched baffles should be installed in a manner that mimics existing stream pattern. This should enhance aquatic life passage: 1) by depositing sediments in the barrel. 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic ur~~anisms. In essence, the base flow harrel(s) should provide a continuum of water depth and channel width without substantial modia?cations of velex:ity. ?. If multiple pipes ur cells an: used, at least one pipe ur box siuwld M' de:.:ned to remain dry During normal flows to allow for wildlife passage. .~. Culverts or pipes should be situated along the existing channel alignmer;t whenever possible to avoid channel realignment. Widening the stream channel must ix; avoided. Stream channel widening at the inlet or outlet ;end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 4. Riprap should not ~ placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should bc: professionally designed, sized, and installed. In most cases, we prefer the replace;-nent of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland imprcts, minimize the: need for clearing and Lv avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 1(KI-year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. Trll fescue should not be used in riparian arras. If the area that is reclaimed was previously ~~etlands, NCDOT should restore flu arcs to wetlands. if successful, the site may be used as wetland mitigation for the subject project or.other prgjects in the wrtershed. III. Proiect-Saecific Comments 8-4008. Bridge 39, Little River, Allerhany County The Little River is classified as C Trout. A moratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer is recommended from October 15 to April 15 to protect the egg and fry stages of trout. DWQ would prefer this bridge to be replaced with a bridge and the use of BMPs (particularly for seditr~nt and erosion control) to be maximized. B-3608, Bruii~e 44. North Toe River. Avery County The North Tce River is classified as WS-N Trout. A moratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer is recommended from October 15 to April 15 to protect the egg and fry stages of trout. DWQ would prefer this bridge to be replaced with a bridge and the use of BMPs (particularly for sediment and erosion control) to be maximized. There are 30-foot vegetated buffer requirements in WS waters in addition to the requirements to minimize storm water runoff and maximize use of BMPs. Refer to 15A NCAC 2B .0216(3)(b)(i)(F) and (G). B-4054. Brulre 334. Yadkin River. Caldwell County This pari of the Yadkin River is classified as WS-N Trout. A moratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer is recommended from October 15 to April 15 to protect the egg and fry stages of trout. DWQ would prefer this bridge to be replaced with a bridge and the use of BMPs (particularly for sediment and erosion control) to be maximized. There are 30-foot vegetated buffer requirements in WS waters in addition to the requirements to minimize storm water runoff and maximize use of BMPs. Refer to 15A NCAC 2B .U216(3)(b)(ixF) and (G). B-43I.S, Bride h2, Bairds Creek, Watauga County Bairds Creek is classified as C. DWQ does not have any special concerns. Please refer to general recommendations listed above. 8-432.5, BridQC 718, Middle Fnrk Reddies River Wilkes County The Middle Fork of Rcddies River is classified as WS-Il, HQW, Tmut. As this is a High Quality Water classification. UWQ would hope that a spanning structure is planned I~r this crossing. In addition, we w~ulci etress that N('I)nT should ute the highest possible 13MPs for protecting this resource. There arc 30-foot ~. egetated buffer requirements in WS waters in addition to the requirements to minimize storm water runoff and maximize use of BMPs. Rc1cr to 15A NCAC 2B .021G(3xb)(i)(F)ared (G). A moratorium prohibiting in-strc;am work and land disturbance within flu: 2S-liwt trout buffer is recomnx;nded from October 15 to April IS to protect the egg and try stages of trout. DWQ would prefer this bridge to tx; replaced with a bridge and the use of BMPs (particularly for sediment and erosion control) to be maximized. 8-419(1, BridQC 37, Noyaer Creek, McDowell County Hopper Creek is classified as C. DWQ does not have any spc;cial concerns. Please refer to general recommendations listed above. B-4189, Brulre 49. South Muddy Creek. McDowell County South Muddy Creek is classified as C. DWQ does not have any special concerns. Please refer to general recommendations listed above. B-4191, Brid a 8l, Jacktown Creek McDowell County Jacktown Cheek is classified as C. DWQ does not have any special concerns. Please refer to general recommendations listed above. B-4042, Bridge 274, Canoe Creek, Burke County Canoe Creek is classified as WS-IV. There are 30-foot vegetated buffer requirements in WS waters in addition to the requirements to minimize storm water runoff and maxinvze use of BMPs. Refer to 15A NCAC 2B .0216(3)(b)(i)(F) and (G). B-4005. BridPe 70, Grassy Creek, Alexander County Grassy Creek is classified as C. DWQ does`not have any special concerns. Please refer to general recommendations listed above. Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to. ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact Robert Ridings at (919) 733-9817 or Cynthia Van Der Wiele at (919) 733.5715. pc: John Hendrix, USACE Asheville Field Office File Copy ,' North Carolina Department of Cultural Resou State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffiey J. Crow, Deputy Secretary Office of Archives and History October 22, 2003 MEMORANDUM TO: Greg Thorpe, Ph.D., Director Project Development and Environmental Analysis Branch NCDOT Division of Highways FROM: David Brook ~ ~ ~'~: i;~(~ '~~-:` ' ~~{~~ i(j~ .-', ~°.<< _. ' ~~ ~ ~ ~fi/ Off, L, , ~ ~ g~~ ~'Jv' ~, :~ Division of Historical Resources SUBJECT: Replace Bridge No. 49 on NC 226 over South Muddy Creek, B-4189, McDowell County, ER03-2342 Thank you for your memorandum of August 18, 2003, concerning the above project. We have conducted a review of the proposed undertaking and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the undertaking as proposed. There are no known recorded archaeological sites within the project boundaries. However, the project azea has never been systematically surveyed to deternune the location or significance of archaeological resources. Based on the topographic and hydrological situation, there is a high probability for the presence of prehistoric or historic archaeological sites. We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources must be assessed prior to the initiation of construction activities. Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms, should be forwarded to us for review and comment as soon as they are available and well in advance of any construction activities. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at www.arch.dcr.state.nc.us/consults. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. www.hDO.dcr.state.nc.us Loatioa Nailing Address Tekphoedf'n: ADMINISTILITION 507 N. Blount St., RskiEh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919) 733-1763 •733-8653 RESTORAT[ON 515 N. Blount St., Raleigh NC 4617 Mail Service Crnter, Raleigh NC 27699x1617. (919) 733-6547 •715.4801 SURVEY dk PLANNING 515 N. Blount St., Raki6h NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919) 733-6545 •715-4801 Ocfober 22, 2003 Page 2 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 fox 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. cc: Mary Pope Fury, NCDOT .ri t ,i.!-:~v - a~c~iv~o ~'° ~~''~ JUN 0 9 2005_ -.7.+~' North Carolina Department of Cultural Resources State Historic Preservation Office Peter B- Sandbeck, Adtnmistntor )\iichael P. I.asley, Governor Office of Arc}tives and History ltsbeth C. Evans, Secretary Division of Histrxical Resources ~cffrry J. Crrnv, Deputy Strrctary Datdd Brook, Director June 6, 2005 MEMORANDUM TO: Matt Wilkerson, Archaeology Supervisor Division of Highways Department of Transportation • FROM: Peter Sandbeck ~•~,~Pt PL~'~~C~~'.~- SUBJECT: Bridge 49 on NC 226 oVver South Muddy Creek, B-4189, McDowell County, ER 03-2342 Thank you for your letter of February 16, 2005, forwarding the archaeological survey report by Scott Seibel and Terri Russ for the above project. During the course of the survey, no sites were located within the project area. The report authors have recommended that no further archaeological invesrigation be conducted in connection with this project We concur with this recommendation since the project will not involve significant archaeological resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above referenced tracking number. cc: Scott Seibel and Terri Russ, Environmental Services, Inc. London Mailing Addren Telepbooe/Fart ADMINISTRATION 5117 N. Brunt Street, Raleigfi NC 4617 Mail Sctvim Center, Rakish NC 27G~J9-~G17 (91733-4763/733-8653 RESTORKIION 515 N. Blount Street, Raleigh NC 4617 Matl Service Center, Raleigh NC 27699-4617 (91733-6547/71S48t11 SURVEY Q PLANNING 515 N. Blount Stteet, Raleigh, NC 4617 Mail Service Center, Rakish NC, 27699-4617 (919)733.6345/713.4A1t1 ~~~~~~~:~ s ~F~'~~~~~ ~. MAt~lA~EMENj AGEhCIr EMERr'EIyCY '~~'~1~~~ treet 60 East Car Sna 28752 Marion, North . ~ 828 659-2782 F wnctink.com E_N-ail: mcdems@ July 19, z00~ Consultants, Inc. ~ En~neerin ~tTeet, Suite 1~~ 598 E• Cha~~" McDowell Counh' Cary, NC 27511 ect in lacement groj ` SER~-ICES EtJ~ERGENCY MEDICAL. Re: NCD~T Badge Rep OT in the replace meat s Sir: es will cooperate elmerg D y response in th Dear 1l County' Ernerg etermirung alternate routes to McDowe bridges by d of references advised of detours and delays• keep this office enGy response. please of emerg you for your consideration Thank Respectfully , /,/' ~~~ ~~~,~ can o11 «' • Hemphill, Director