HomeMy WebLinkAbout20201574 Ver 1_Cover Letter (Final)_20210205
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER ERIC J. BOYETTE
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
February 5, 2021
Ms. Crystal Amschler, NCDOT Regulatory 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. 99 on SR 1168 East Vineyard Road
over Vineyard Creek
Clay County, North Carolina
WBS Element No. 17BP.14.R.169
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 deteriorated and functionally obsolete single span 20’ W x 18’
6” L timer joist on timber beam bridge with a 55’ L x 33’ W x 21” H cored slab bridge unit with 2’ 9” end
caps. The proposed project would qualify for non-notification, however, there will be tree removal. The
expected project let date is 6.8.2021.
Enclosed are a PCN application, preliminary jurisdictional form, SHPO forms, , plan sheets showing the
proposed work, a marked vicinity map, a USGS quad map, photographs, and other supporting project
information.
The United States Fish & Wildlife Service lists 7 species for Clay County that have federal status and that
are known from current or historical records. The bog turtle (Glyptemys muhlenbergii) is listed as
threatened due to similarity of appearance to the northern bog turtle. The green pitcher plant (Sarracenia
oreophila), rock gnome lichen (Gymonoderma lineare), the gray bat (Myotis grisescens), Indiana bat
(Myotis sodalist), northern long-eared bat (NLEB, Myotis septentrionalis) and rusty-patch bumble bee
(Bombus affinis) are known from current records and are listed as endangered or threatened.
The green pitcher plant is only found in a couple of wetland features in Clay County. However, there are
no wetlands near the bridge. Site survey was completed in 2020.
The rock gnome lichen is usually found on rock faces at relatively high elevation, though it can be found
at lower elevations on cliffs that receive seepage from overlying soil during wet periods and on damp
rock faces in river gorges. The bridge site is only about 2,305.50 feet in elevation and not in a river
Bridge 99 - Clay County Page 2 February 5, 2021
gorge. Also, there are no rock faces nearby that could support rock gnome lichen. Site survey was
completed in 2020.
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 10 trees (poplar, oak, birch and 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, 2018 and 9.20.2020 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 in scope to a bridge-to-bridge replacement on the existing alignment and using an
on-site detour. Erosion and sedimentation control measures will be used to minimize adverse effects of
the construction work, on downstream aquatic resources. Habitats for listed species are absent at the
project site and none of these species were observed during site visits. For these reasons and those listed
above, apart from the Indiana Bat, we recommend that a “no effect” determination for all other listed
species be applied to this project.
This project was reviewed by the NCDOT cultural resource specialist in 2016 for potential effects to
historical architecture and archaeology. It was determined that a survey was not required for historical
architecture and archaeology (see attached forms).
Stringent erosion and sedimentation control measures will be used to minimize adverse effects to
downstream habitats of Vineyard Creek. 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
Vineyard 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 silt. The stream has sufficient flow to support
fish and other aquatic life. Vineyard Creek flows approximately 1.22 miles into Shooting Creek which
flows 3.63 miles into the Chatuge Reservoir. The Chatuge Reservoir meets the definition of a Traditional
Navigable Water. For these reasons, we believe Vineyard Creek 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 060200020105). Specifically, NCDOT is requesting to
replace Bridge No. 99 with a bridge structure. Listed below is a summary of the proposed impacts.
Site No. Existing Condition Proposed Condition Net
Impacts
Site 1 Vineyard Creek Rip-Rap Bank Stabilization
(Permenant) 45’
Site 1a Vineyard Creek Diversion/De-watering
(Temporary) 65’
Bridge 99 - Clay County Page 3 February 5, 2021
Total Permanent Stream Impact for Streambank Stabilization 45’
Total Temporary Impacts 65’
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 with the North Carolina Wildlife Resources Commission
(NCWRC), to comment directly to you concerning the 404 Nationwide Permit request.
I am also requesting authorization under Section 401 of the Clean Water Act from the North Carolina
Department of Environmental Quality (DEQ), Division of Water Resources (DWR). In addition, I am
asking Ms. Chambers and Mr. Reid Whitehead, Roadside Environmental Field Operations Engineer
(NCDOT), to comment directly to me concerning this permit request.
If you have any questions or need additional information, please contact me at (828) 631 - 1145. Your
prompt review and consideration will be greatly appreciated.
Sincerely,
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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