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Home My WebLink About20171168 Ver 1_Percussive Information_20170911 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER JAMES H. TROGDON, III GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION Division 14 253 Webster Road Sylva, North Carolina 28779 Telephone: (828)586-2141 Fax: (828)586-4043 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: NC DEPARTMENT OF TRANSPORTATION Division 14 253 Webster Road Sylva, North Carolina 28779 September 11, 2017 Ms. Lori Beckwith, NCDOT Regulatory Project Manager U. S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide 14 Permit Application Replace Bridge No. 28 on SR 1316 (Reid Road) over Morton Creek, Transylvania County WBS Element No. 17BP.14.R.6 Dear Ms. Beckwith: The North Carolina Department of Transportation (NCDOT) requests written verification to replace the timber bridge number 28 over Morton Creek in Transylvania County with a 19’W x 6’1”H x 45’L aluminum box culvert. An off-site detour will be used during construction. This project does not qualify for non-notification because it is a bridge to culvert conversion. Notched inlet and outlet sills and one mid-culvert baffle have been incorporated into the design to maintain a 6’ wide low flow channel (approximate natural stream width) and to help hold the natural streambed materials, and if needed rip rap, that will be used for lining. These measures and the moderate culvert slope (2%) should help prevent aquatic life passage problems through the culvert. Compensatory mitigation for the culvert length has been approved by the Division of Mitigation Services. The U.S. Fish and Wildlife Service and North Carolina Natural Heritage Program databases were checked for records of threatened and endangered species in Transylvania County. The Carolina Northern Flying Squirrel (Glaucomys sabrinus coloratus), Appalachian Elktoe (Alasmidonta raveneliana), Mountain Sweet Pitcher Plant (Sarracenia rubra ssp. jonesii), Small Whorled Pogonia (Isotria medeoloides), Spreading Avens (Geum radiatum), Swamp Pink (Helonias bullata), Virginia Spiraea (Spiraea virginiana), Rock Gnome Lichen (Gymnoderma lineare), Northern Long-eared Bat (Myotis septentrionalis, NLEB), and Gray Bat (Myotis grisescens) are listed as either threatened or endangered and are known from current records or anticipated to occur in the county. Morton Creek is too small and cold to support Appalachian Elktoe mussels. This mussel is known to occur in the French Broad River watershed downstream of the bridge, but the nearest record is many miles downstream. Therefore, the bridge replacement work will not affect this mussel species. Bridge 28, Transylvania County Page 2 September 11, 2017 Virginia Spiraea occurs along some rocky, flood-scoured riverbanks in gorges. Gravel and rock bar habitat for this plant is not present. Swamp Pink and Mountain Sweet Pitcher Plant are found in some wetlands in the region. According to the soil map, soils near the bridge and roadway are hydric, but areas with hydrophytic vegetation are absent near the bridge. Moreover, as shown in roadway cross-sections, the road and bridge grading and fill work will occur nearly entirely on the existing road and shoulders. Carolina Northern Flying Squirrel, Rock Gnome Lichen, and Spreading Avens are found in isolated high-elevation habits, though Rock Gnome Lichen can occur at lower elevations on rocky cliffs in deep river gorges. The project area is much too low in elevation for these species and there are no rock faces at the site. Small Whorled Pogonia usually occurs in open, dry, deciduous woods, often second growth, though it can occur in more varied habitats provided there is ample sunlight reaching the forest floor. There is a record for this plant within 1 mile of the bridge and there is marginal habitat at the bridge site for this species in the form of a mature white pine stand on a hillside. However, the construction work will not affect this area. And, the hillside was also inspected for Small Whorled Pagonia in 2014 and again in 2015 with negative results. Gray bats usually roost in caves or in/on structures year-round while NLEB only winter in caves or mines. During warm seasons NLEB usually roost on/in structures, under the shaggy bark of live trees such as white oaks, sycamores, and hickories, or in cavities or under the loose peeling bark of dead trees. This project should not require blasting, but it will require the removal of 2 trees and demolition of an old timber bridge. There was no evidence of bats or roosting on the bridge during the field scoping and later survey work; absence of bats will be confirmed prior to demolition. The bridge is not situated in a “red HUC” where known NLEB maternity roosts and/or hibernacula are a concern and it is several miles from the nearest “red HUC”. Therefore, the project is consistent with Section 4(d) rule, codified at 50 C.F.R. § 17.40(o) and effective February 16, 2016. This project is limited in scope and habitat for listed species appears absent or far enough from the bridge to not be affected. For these reasons and those discussed above, we recommend a “no effect” determination for threatened and endangered species. This project was reviewed by NCDOT’s Human Environment Unit in 2011 for potential affects to historical architecture and archaeology. It was determined that no survey was required for archaeology and a survey of architecture was performed with a result of no historic properties present. Impacts to Waters of the United States Morton Creek (DWR Class: C Tr) is shown on the USGS topographic map as a perennial stream. The channel is approximately 6 feet in width with a substrate primarily composed of cobble, gravel and sand/silt. Morton Creek flows about 1 mile from the bridge to South Fork Flat Creek, which then flows 3.2 miles to Flat Creek. Flat Creek flows another 1.2 miles to the West Fork French Broad River which then helps form the origin of the French Broad 1.9 miles further downstream. The French Broad River meets the definition of a Traditional Navigable Water. For these reasons, we believe Morton 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 French Broad River Basin (HUC Bridge 28, Transylvania County Page 3 September 11, 2017 06010105). The impacts for the replacement of Transylvania Bridge No. 28 are listed in the table below. Site No. Existing Condition Proposed Condition Net Impact Site 1 Streambanks and Timber Bridge 19’W x 6’1”H x 45’L aluminum box culvert 45’ Site 1A Free Flowing Stream and Streambanks Temporary Impervious Dikes and Flow Diversion 100’ Site 1B Free Flowing Stream and Streambanks Rip rap banks upstream 20’ Site 1C Free Flowing Stream and Streambanks Tip rap banks downstream 20’ Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. We request that Ms. Marla Chambers, Western NCDOT Review Coordinator, with the North Carolina Wildlife Resources Commission (NCWRC) comment directly to you concerning the 404 Nationwide Permit action. I also request authorization for the project under Section 401 of the Clean Water Act from Mr. Kevin Barnett with the North Carolina Department of Environment Quality (DEQ), Division of Water Resources (DWR). Please contact me at (828) 586-2141 or Mr. Josh Deyton, PE, at (828) 488-2131 if you have any questions about the application or project or need additional information. I greatly appreciate your prompt attention to these requests. Sincerely, Dave McHenry Division 14 Environmental Program Supervisor Enclosures cc: Amy Chapman, Division of Water Resources – DEQ, Raleigh Kristi Carpenter, Division of Water Resources – DEQ, Raleigh Kevin Barnett, Division of Water Resources – DEQ, Asheville Marella Buncick, Biologist, US Fish and Wildlife Service, Asheville Marla Chambers, Western NCDOT Review Coordinator, NCWRC Joshua B. Deyton, PE, Division 14 Bridge Management Engineer, NCDOT Reid Whitehead, Roadside Environmental Field Operations Engineer, NCDOT 9/11/2017