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Home My WebLink About20121097 Ver 1_General Correspondence_20121211SIATEv STATE OF NORTH CAROLINA�S'��c�>> DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE EUGENE A. CONTI, JR. GOVERNOR SECRETARY November 29, 2012 Ms. Lori Beckwith, NCDOT Regulatory Project Manager U. S. Army Corps of Engineers 1 1 b 151 Patton Avenue, Room 208 t l Asheville, NC 28801 -2714 Subject: Nationwide 3 Permit Application Replace Bridge No. 252 on SR 1389 (Herron Branch Road) over East Fork Dicks Creek Jackson County WBS Element No. 1713P.14.11.64 Dear Ms. Beckwith: The North Carolina Department of Transportation ( NCDOT) is proposing to replace the subject bridge. The purpose of the project is to replace a functionally obsolete 19.0'L x 18.0' W single span timber joist and floor bridge with a 40.0' L x 27.0' W concrete cored slab bridge. The bridge will be stage constructed slightly upstream of the existing structure to maintain traffic on the bridge during construction. The bridge will be at a 60 degree skew. The project will also include some bridge approach work on the existing roadway. I am enclosing a PCN application, Rapanos Jurisdictional form, plan sheets showing the proposed work, a marked county map, a USGS quad map and photographs. The North Carolina Natural Heritage Database was checked for records of threatened and endangered species. The database lists 48 species for Jackson County that have federal status. The sicklefin redhorse (Moxostoma sp.2) is a candidate species for listing. The bog turtle (Glyptemys muhlenbergii) is listed as threatened due to similarity of appearance to the listed northern bog turtle and is known only from historical records. Seven species, Carolina northern flying squirrel (Glaucomys sabrinus coloratus), Indiana bat (Myotis sodalis), Appalachian elktoe (Alasmidonta raveneliana), spruce -fir moss spider (Microhexura montivaga), small whorled pogonia (Isotria medeoloides), swamp pink (Helonias bullata) and rock gnome lichen (Gymnoderma lineare), are listed as either threatened or endangered. The Indiana bat is known only from historical records and the U.S. Fish and Wildlife Service (USFWS) does not consider Jackson County to be an Indiana bat county. There ate no records listed for the Dicks Creek watershed. There are current records for the Appalachian elktoe, and a historical record for the Indiana bat within a five mile radius of the. project. The rock gnome lichen occurs just slightly beyond the five mile radius. A reach of the Bridge No. 252 Page 2 November 29, 2012 Tuckasegee River that is designated as critical habitat for the Appalachian elktoe is also within the five mile radius. The sicklefin redhorse is also found within the Tuckasegee River within a five.mile radius of the project. The occupied critical habitat for the Appalachian elktoe is approximately 2.3 miles downstream of the bridge project. The habitat at the project site is not characteristic of habitat for the Appalachian elktoe or the sicklefin redhorse. The terrestrial habitat in the area of the bridge can be characterized is closed canopy forest with the canopy dominated by tulip poplar, white pine and red oak. The shrub layer consists of rhododendron, young hemlock and unidentified deciduous trees and shrubs. Christmas fern was the most common herbaceous plant in November. The area at the bridge site appears to be heavily shaded from the closed canopy forest and the mountains; however, there are some light gaps created by the adjacent road and a power line corridor. The rock gnome lichen is found approximately 5.1 miles from the project at approximately 4750 feet elevation. The rock gnome lichen is limited primarily to vertical rock faces where seepage water from forest soils above flows only at very wet periods. It appears the species needs a moderate amount of light but cannot tolerate intense solar exposure. The species appears to be restricted to areas of high humidity, either at high elevations, where it is frequently bathed in fog, or in deep gorges at lower elevations. The elevation at the project site is approximately 2350 feet elevation within relatively steep terrain. Vertical rock substrate is lacking in the area that will be affected by the project. The habitat at the site may have some slight potential to support the small whorled pogonia. According to the USFWS, the small whorled pogonia generally occurs in open, dry, deciduous woods with acid soil. However, it is also known to occur in a variety of habitats in North Carolina, including along streams. The small forest area to be affected is not characteristic of the open, dry deciduous forest that is considered typical of the small whorled pogonia. The nearest small whorled pogonia record is in Haywood County approximately 10 miles from the project. The habitat at the project site is not characteristic of the Carolina northern flying squirrel, the spruce -fir moss spider, swamp pink or the rock gnome lichen. Habitat for the small whorled pogonia may be considered marginal at the project site. The bridge project is limited in scope and should have minimal effect on downstream aquatic habitat. BMPs will further limit the effect to downstream aquatic habitat. There will be a very small amount of forested habitat affected along the road due to shifting of the bridge upstream. No threatened or endangered species were observed during the field scoping process or are known to occur within the Dicks Creek watershed. For these reasons we recommend a "no effect" determination for threatened and endangered species. This project was reviewed by NCDOT's Human Environment Unit in 2012 for potential affects to historical architecture and archaeology. It was determined that no surveys were required for historical architecture or archaeology l Bridge No. 252 Page 3 November 29, 2012 NCDOT best management practices that comply with regulations entitled "Design Standards in Sensitive Watersheds" will -be used to minimize and control sedimentation and erosion on this project. The construction foreman will review all erosion control measures daily to ensure sedimentation and erosion controls are being effectively controlled. If the devices are not functioning as intended, they will be replaced immediately with better devices. Impacts to Waters of the United States East Fork Dicks Creek (DWQ Class: C) is shown on the USGS topographic map as a perennial stream. The channel is well defined with a substrate primarily of boulders, cobble, gravel and sand. The channel is approximately 12 feet wide. The stream has sufficient flow to support fish, including rainbow trout, and other aquatic life. East Fork Dicks Creek flows approximately 0.4 miles to Dicks Creek. Dicks Creek then flows approximately 1.9 miles to the Tuckasegee River. The Tuckasegee River meets the definition of a Traditional Navigable Water. For these reasons, we believe East Fork Dicks Creek is a Relatively Permanent Water and is under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct the project, it will be necessary to impact waters of the United States in the Little Tennessee River Basin (HUC 06010203). Specifically, NCDOT is requesting to replace Bridge No. 252 with a concrete cored slab bridge. Listed below is a summary of the proposed impacts. Site No. Existing Condition Proposed Condition Net Station I Impacts Site 1 19.0'L x 18.0'W Single Span 40.0'L x 27.0'W x 21" D 0 Sta 12 +17± Timber Joist and Floor Bridge Concrete Cored Slab Bridge Site 2 Excavate Road Fill, Slope Sta 12 +17± Timber End Bents and Road Streambanks and Riprap Banks 65' Sta 12 +67± Fill and Adjacent to New End Bents Impervious Dikes and Flow Site 3 Free Flowing Stream Diversion to Remove Old Timber 90' End Bents Total Permanent Stream Impacts for Shaping Banks and Riprap Stabilization 65' Temporary Stream Impacts for Impervious Dikes and Flow Diversion 90' Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Ms. Marla Chambers, Western NCDOT Review Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Additionally, I am asking Ms. Chambers and Mr. Ed Ingle, Roadside Environmental Field Operations Engineer ( NCDOT), to comment directly to me concerning this permit request. Bridge No. 252 Page 4 November 29, 2012 If you have any questions or need additional information, please contact me at (828) 586 -2141 or Mr. Josh Deyton, PE, at (828) 488 -2252. Your early review and consideration will be greatly appreciated. Sincerely, Mark S. Davis Division 14 Environmental Program Supervisor Enclosures cc: Mr. Mike Parker, DWQ, DENR, Asheville Regional Office (Courtesy Copy) Mr. Jason Mays, Biologist, USFWS, Asheville Ms. Marla Chambers, Western DOT Review Coordinator, NCWRC, Oakboro Mr. Joshua B. Deyton, PE, Division 14 Bridge Management Engineer, NCDOT Mr. Reid Whitehead, Roadside Environmental Field Operations Engineer, NCDOT