20191358 Ver 1_R-4416 Muskrat Culvert_Nationwide Narrative_20191006

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
October 6, 2019
Mrs. Crystal Amschler
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide Permit 3 Application
Muskrat Branch Culvert Repair under US Highway 64
(Muskrat Branch, Class. C Tr)
TIP No. R-4416, Clay County, NC
Dear Mrs. Amschler:
JAMEs H. TROGDON, III
SECRETARY
The North Carolina Department of Transportation (NCDOT) is requesting authorization to
replace a failing section of culvert in Muskrat Branch under US Highway 64 near Hayesville in
Clay County, NC. This work was originally planned to occur with the recently completed R-
4416 climbing lane project, but the contractor has delayed execution. Also, the work was
originally considered eligible for non -notification Nationwide Permit coverage, however it was
later determined that written authorization would be required due to the desire* to leave the
culvert outlet perched and because additional tree clearing may be needed. (*Note, leaving the
culvert outlet perched or in any otherwise condition that impedes upstream fish passage is desired
by both the US Forest Service and NC Wildlife Resources Commission because there are native
brook trout upstream of the highway and rainbow trout downstream.)
NCDOT forces would like to pursue this work before January 1 this year, if possible, to avoid the
rainbow trout moratorium prescribed by the NC Wildlife Resources Commission. We regret the
delay in getting to the work and completing the permitting arrangements until now.
Section 7
In Clay County, the green pitcher plant (Sarracenia oreophila), rock gnome lichen
(Gymonoderma lineare), and the northern long-eared bat (NLEB, Myotis septentrionalis) are
known from current records and are listed as federally endangered or threatened. Gray bat
(Myotis grisescens) and Indiana bat (Myotis sodalis) are listed species that are likely or suspected
to occur in Clay County.
Mailing Address: Telephone: [phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax: [phone] NC DEPARTMENT OF TRANSPORTATION
Division 14 Customer Service: 1-877-368-4968 Division 14
253 Webster Road 253 Webster Road
Sylva, North Carolina 28779 Webstte: www.ncdot.gov Sylva, North Carolina 28779

Muskrat Culvert, Clay County Page 2 October 6, 2019
Green pitcher plants are found several miles from the project area, but this species was not
observed in field surveys of the project area. The project will not impact wetlands. Therefore,
the project should have no effect on green pitcher plants.
Rock gnome lichen is usually found in high elevation locations in western North Carolina, though
it can occasionally be found at lower elevations on rock faces, usually in deep river gorges. The
project area is much too low in elevation and lacks rock faces and other damp habitat conditions
required by this plant.
Gray bats usually roost in caves or in/on structures year-round while Indiana bats and NLEB only
winter in caves. During warm seasons Indiana bats and 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 may require removal of about 80-100
medium sized trees (mostly yellow poplar, birch, and maples) on the fill slope of the highway to
allow access for installing temporary diversion pipes in the old culvert. The culvert is large
diameter and extremely long, but the outlet is crushed, and the stream is cold and therefore the
structure should not serve as a bat roost. Bats or sign were not noted in the culvert near the outlet
when first surveyed on November 18, 2016. The project area is not situated in a region (i.e. "red
HUC") where there are known NLEB maternity roosts and/or hibernacula and the nearest records
are over a mile away. There will likely be percussive activities to install a soil nail wall for
shoring, but this work should be intermittent and infrequent and probably be limited to a few
hours a day in some weeks. There are no areas where bedrock blasting is anticipated.
To protect Indiana bats, obstructing trees will be removed between October 15 and April 15
(winter clearing) of any year. With the clearing restriction, a "may affect, not likely to adversely
affect" determination for Indiana bat should apply to the project. This tree clearing restriction
will also protect other potentially roosting bats in the area from direct disturbance as well. Based
on this and the preceding information, the project should have "no effect' on gray bats and be
compliant with the Final Section 4(d) rule for NLEB, codified at 50 C.F.R. § 17.40(o) and
effective February 16, 2016.
Section 106
The construction work will be restricted to previously disturbed highway fills slopes, drainage
structures, and stream channels. Therefore, the work was screened under the PA agreement with
the NC Historic Preservation Office.
Impacts to Waters of the United States
Muskrat Branch (Class. C Tr) has a well-defined channel and banks and flows to Shooting Creek
and then on to Lake Chatuge and the Hiwassee River, which meet the definition of a Traditional
Navigable Waters. Therefore, we believe the affected stream 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 Hiawassee River Basin (HUC 06020002). Impacts are listed in the
PCN and in the table below.

Muskrat Culvert, Clay County Page 3 October 6, 2019
Site
Existing Condition
Proposed Condition
Net Impacts
1
66 feet of collapsed or
66 feet of new culvert
0
failing culvert in
in Muskrat Branch
Muskrat Branch
with outlet remaining
perched
IA
650 feet of Existing
650 feet of temporary
650 feet (within
culvert in Muskrat
lining within Existing
existing)
Branch
culvert in Muskrat
Branch
1B
Scour pool in Muskrat
Scour pool with flat
10 feet
Branch below culvert
rock dissipator
installed to maintain
shallow outlet and rip
rap bank protection to
impair fish passage
Compensatory Mitigation and Plan
No compensatory mitigation is offered since the work is maintenance of an existing structure and
should have a long-term environmental benefit by helping protect a desirable fish population.
Permits Requested
NCDOT hereby requests authorization under Section 404 of the Clean Water Act to proceed with
the construction project outlined above. This includes authorization for an exemption from the
culvert burial prescription. A copy of the application is submitted to the North Carolina
Department of Environmental Quality, Division of Water Resources (DWR) as a courtesy since
the work is deemed exempt from needing a written 401 Certification. The project area is, in part,
within a "designated trout watershed" (as described in the Nationwide Regional Permit
Conditions) and we therefore are requesting comments on this request from the NC Wildlife
Resources Commission.
Please contact me at [phone] if you have any questions or need additional information to
evaluate this request. Your prompt attention to this request is greatly appreciated.
Since C.4hed by:
L�74 10/6/2019
ave c'l'eii�5
Division 14 Environmental Officer
Enclosures
cc: Ms. Amy Chapman, Division of Water Resources, DEQ, Raleigh
Ms. Kristie Lynn Carpenter, Division of Water Resources, DEQ, Raleigh
Mrs. Marla Chambers, Western NCDOT Coordinator, NCWRC