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Home My WebLink About20201574 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, 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