20201570 Ver 1_Macon County - B343 - NWP 3 Cover Letter (Final)_20201113

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER ERIC BOYETTE
GOVERNOR SECRETARY

Division 14 Office
Telephone: [phone] 253 Webster Road, Sylva, North Carolina 28779 Fax: [phone]

November 9, 2020

Ms. Crystal Amschler - Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714

Subject: Nationwide 3 Permit Application
Replace Bridge No. 343 on SR 1448 (W. Old Murphy Road) over Allison Creek
Macon County, North Carolina
WBS Element No. 14SP.20561.1

Dear Ms. Amschler:

The North Carolina Department of Transportation (NCDOT) is proposing to replace the subject
bridge. The purpose of the project is to replace the functionally obsolete 20’ W x 32’ L
reinforced concrete deck on steel I-beam bridge with a 33’ W x 60’ L x 24” H cored slab bridge
unit. Traffic will be detoured offsite road closures and route detour. The project will also
include some minor approach work on the existing roadway.

I am enclosing a PCN application, Rapanos Jurisdictional form, SHPO forms, plan sheets
showing the proposed work, a marked vicinity map, a USGS quad map and photographs.

U.S. Fish and Wildlife Service lists 9 species for Macon County that have federal status and that
are known from either current or historical records. Nine species, spotfin chub (Erimonax
monachus), Appalachian Elktoe (Alasmidonta raveneliana), Little-wing pearlymussel (Pegias
fabula), small whorled pogonia (Isotria medeoloides), Virginia spiraea (Spiraea virginiana),
rock gnome lichen (Gymnoderma lineare), gray bat (Myotis grisescens). Indiana bat (Myotis
sodalist) and the northern long-eared bat (Myotis septentrionalis, NLEB) are listed as either
threatened or endangered.

The Little Tennessee River about 12.89 miles downstream of the bridge is a significant Natural
Heritage Area that supports several federally listed aquatic species. Spotfin chub have been
found in the Little Tennessee River, however, there have not been an element of occurrence in
Allison Creek. Allison Creek at the bridge is too small, steep, and/or cold for Appalachian
Elktoe or Little-wing pearlymussel. The project is limited in scope to replacing the existing
bridge with a cored slab bridge and replacing an 18’ x 60’ CMP with a 18” x 60’ RCP (Foot for
Foot) in a temporarily dewatered stream channel. Therefore, adverse effects of the work on
aquatic habitat should be minor and temporary. Riparian habitat at the project site is disturbed by

Bridge No. 343 – Macon County Page 2 November 9, 2020

mowed areas, residential driveways, and agricultural fields. There are no wetlands nor mountain
bogs present on site.

Small whorled pagonia typically occurs in open, dry, deciduous woods with acid soil, though
habitats can include slopes along streams and mesic forest in association with white pine and
rhododendron. Small whorled pagonia surveys were completed in 2014 and 2020 and were
negative.

The rock gnome lichen is typically found at high elevations on vertical rock surfaces that are
often bathed in fog. However, it can occur at lower elevations on cliffs that occasionally receive
seepage and on damp rock faces in river gorges where there is high humidity. The elevation at
the project site is about 2,250 feet and the site is situated in an open valley. Also, there are no
damp rock faces near the site.

Virginia spiraea typically occurs along high gradient rivers that are larger than Allison Creek. It
is usually found on rocky, flood-scoured riverbanks and rock bars. These habitats are absent at
the bridge site and there are no records for this plant in the Allison Creek watershed. Virginia
spiraea surveys were completed in 2014 and 2020 and were negative.

Gray Bats usually roost in caves or in/on structures year-round while Indiana Bats and NLEB
only winter in caves or mines with stable, but not freezing, cold temperatures. 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 should not require blasting, but it will require removal of
approximately 15 trees (poplar, white pine, sycamore & black walnut) and demolition of an old
concrete deck bridge. To protect Indiana bats, the obstructing trees will be removed from
October 15 to April 15 (winter clearing). The bridge was surveyed for bats and evidence of bat
roosting on 7.22.2014 and 9.21.2020 and none were evident; absence of bats and signs of bat
usage will be confirmed prior to demolition. Therefore, the project should have no effect on
Gray Bats. The bridge is not situated in a “red HUC” where known NLEB maternity roosts
and/or hibernacula are a concern and is over a mile from records for NLEB.

The project is limited to the replacement of an existing bridge with a cored slab bridge unit.
Erosion and sedimentation control measures will be implemented to protect aquatic habitats.
Therefore, for the reasons described above and with the inclusion of the winter tree clearing
requirement for bats, we recommend a “no effect” determination for threatened and endangered
species with exception of Indiana bats. The conclusion for Indiana bats is typically “may affect,
not likely to adversely affect” with the winter tree clearing restriction.

This project was reviewed by NCDOT’s Human Environment Unit in 2012 for potential effects
to historical architecture and archaeology. It was determined that no survey was required for
historical architecture or archeological resources, resulting in a no effect determination (see
attached forms).

Bridge No. 343 – Macon County Page 3 November 9, 2020

NCDOT best management practices will be used to minimize and control erosion and
sedimentation on this project. The construction foreman will review all erosion control measures
daily to ensure erosion and sedimentation are being controlled effectively. If the devices are not
functioning as intended, they will be replaced immediately with better devices.

Impacts to Waters of the United States

Allison Creek (DWQ Class: WS III, Tr.) is shown on the USGS topographic map as a perennial
stream. The channel is well defined with a substrate of gravel, sand, and cobble and is
approximately 18-20 feet in width. The stream has sufficient flow to support fish and other
aquatic life. From project site, Allison Creek flows approximately 0.38 miles to Cartoogechaye
Creek then flows approximately 12.51 miles to the Little Tennessee River, which meets the
definition of a Traditional Navigable Water. For these reasons, we believe Allison 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, Allison Creek, which are waters
of the United States in the Little Tennessee River Basin (HUC 060102020104). Specifically,
NCDOT is requesting to replace Bridge No. 343 with a cored slab bridge. Project impacts are
depicted within the project permit plans on page 4 of 6 & 6 of 6. Listed below is a summary of
the proposed impacts.

Site No.
Station
Existing Condition Proposed Condition Net
Impacts
S1 Allison Creek
Impervious dikes and flow
diversions to remove old
abutments.
(Temporary Impact)
65’
S2 UT to Allison Creek
Replace Existing 18” x 60’ CMP
With 18” x 60’ RCP
(Foot for Foot Replacement)
60’
S2a UT to Allison Creek
Diversion/Dewatering to
replace culvert
(Temporary Impact)
75’

Total Permanent Stream Impact for Culvert Replacement (Foot for Foot) 60’
Total Temporary Impact for Detour and Impervious Dikes and Diversions 140’

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 Mrs. Marla
Chambers, Western NCDOT Review Coordinator of the North Carolina Wildlife Resources
Commission (NCWRC), to comment directly to you and I, concerning the 404 Nationwide
Permit request. This application has been sent to the North Carolina Department of
Environmental Quality (DEQ), Division of Water Resources (DWR) for a written certification.

Bridge No. 343 – Macon County Page 4 November 9, 2020

Please contact me at [phone] if you have any questions about this application or need
additional information. Your prompt review and consideration of this request will be greatly
appreciated.

Sincerely,

ctàÜ|v~ ]A UÜxxwÄÉäx

Patrick J. Breedlove
Division 14 - Environmental Specialist II

Enclosures

cc: Mr. Holland Youngman, Biologist, US Fish &Wildlife Service, Asheville
Mrs. Marla Chambers, Western NCDOT Review Coordinator, NCWRC, Albemarle
Mr. Kevin Mitchell, Division of Water Resources – DEQ, Asheville
Mr. David McHenry, NCDOT Division 14, Environmental Officer