20201576 Ver 2_Macon County - B79 - NWP 3 Cover Letter (Final)_20210108

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]

January 5, 2021

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. 79 on SR 1369 (Tellico Road) over Tellico Creek
Macon County, North Carolina
WBS Element No. 17BP.14.R.211

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 40’ 6” L
timber deck on steel I-beam bridge with a 30’ W x 50’ 7” L x 27” H steel girder bridge unit. Rip-
rap will be placed on stream banks directly under new bridge structure for stabilization. Traffic
will be detoured onsite utilizing staged bridge demolition and construction. The project will also
include some minor approach work on the existing roadway. The expected project let date is
5.11.2021.

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 1.53 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. There has also been an element of occurrence in Tellico
Creek, within 1.00 miles of the project area. Tellico 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 steel girder bridge in a temporarily dewatered/diverted

Bridge No. 79 – Macon County Page 2 January 5, 2021

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 mowed areas, residential
driveways, and agricultural fields nearby. 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 2017 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 2,003.50 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 Tellico 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 Tellico Creek watershed. Virginia
spiraea surveys were completed in 2017 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 12 trees (poplar, oak, sycamore & black walnut) and demolition of an old timber
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 in
2017 and 8.20.2020 and none were evident; absence of bats and 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 steel girder 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 the Spotfin Chub and Indiana Bat. The conclusion for Indiana bats is
typically “may affect, not likely to adversely affect” with the winter tree clearing restriction
and we are requesting a “may affect, not likely to adversely affect” for the Spotfin Chub due to
the minor amount of aquatic impacts and the distance from the project area to the element
occurrence.

Bridge No. 79 – Macon County Page 3 January 5, 2021

This project was reviewed by NCDOT’s Human Environment Unit in 2018 for potential effects
to historical architecture and archaeology. The proposed bridge project is located within the
Tellico Valley Rural Historic District, however, a “no adverse effect’ was determined based on
proposed bridge design which utilizes 32” Alaska Railing. It was determined that no surveys
were required for archeological resources. (see attached forms).

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

Tellico Creek (DWQ Class: C, 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 20-25 feet in width. The stream has sufficient flow to support fish and other
aquatic life. From project site, Tellico Creek flows approximately 1.53 miles to the Little
Tennessee River, which meets the definition of a Traditional Navigable Water. For these
reasons, we believe Tellico 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, Tellico Creek, which are waters of the United States in the Little Tennessee River Basin
(HUC 060102020404). Specifically, NCDOT is requesting to replace Bridge No. 79 with a
cored slab bridge. Project impacts are depicted within the project permit plans on page 4 of 7 &
5 of 7. Listed below is a summary of the proposed impacts.

Site No.
Station
Existing Condition Proposed Condition Net
Impacts
S1 Tellico Creek Rip-Rap Bank Stabilization
(Permanent Impact) 40’
S1a Tellico Creek
Diversion/Dewatering to
remove concrete end bents &
install rip-rap
(Temporary Impact)
75’

Total Permanent Stream Impact for Rip-Rap 40’
Total Temporary Impact for Impervious Dikes and Diversions 75’

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. 79 – Macon County Page 4 January 5, 2021

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,

Patrick J. Breedlove

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