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Home My WebLink About20210455 Ver 1_17014.1056011 NWP 3 Narrative and NRR_20210226 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER ERIC BOYETTE GOVERNOR SECRETARY Division 14 Office Telephone: (828) 631-1145 253 Webster Road, Sylva, North Carolina 28779 Fax: (828) 586-4043 February 26, 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 Washed-out Culvert under US 64 in UT Cullasaja River Macon County, North Carolina WBS Element No. 17014.1056011 Dear Ms. Amschler: The North Carolina Department of Transportation (NCDOT) is proposing to replace a 10-foot section of pipe (original combined pipe length 60 feet) that carries a UT to the Cullasaja River under US Highway 64 in Macon County. The FHWA is funding this storm recovery work and therefore will be the federal lead agency. Rip-rap will be placed on the streambed and banks directly below the culvert to restore the washed-out slope and streambed. The proposed project falls below non-notification impact thresholds, but triggers written notification for several reasons, including the need to perpetuate a perched culvert outlet condition. All necessary coordination and consultations with the various agencies have been completed for the 404 Permit Verification and are included in the application. Section 7 Consultation is complete and concurrence has been received from the U S. Fish and Wildlife Service (USFWS). The USFWS lists 9 species for Macon County that have federal status and that are based on current records. These are spotfin chub (Erimonax monachus), Appalachian elktoe (Alasmidonta raveneliana), little-wing pearlymussel (Pegias fabula), small whorled pogonia (SWP, Isotria medeoloides), Virginia spiraea (Spiraea virginiana), rock gnome lichen (Gymnoderma lineare), gray bat (Myotis grisescens), Indiana bat (Myotis sodalis) and northern long-eared bat (Myotis septentrionalis, NLEB). Spotfin chub, Appalachian elktoe, and little-wing pearlymussel have been found in the Little Tennessee River, but suitable or occupied habitats are many miles downstream of the project area. Therefore, these species will not be affected. US 64 Culvert Repair Page 2 February 26, 2021 Macon County SWP typically grow in open, dry, deciduous woods with acid soil, though habitats may also include slopes along streams and mesic forest in association with white pine and rhododendron. The project will not affect suitable for SWP. 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. It is found in the Cullasaja River Gorge within a few miles of the project area. However, the project area, which is heavily scoured, nonetheless does have suitable habitat nearby that was surveyed on Dec 18, 2020, which is within the recommended survey window. Rock gnome lichen was not observed, so there will be no effect of the project on this species. Virginia spiraea needs periodically scoured stream depositional bars or banks on large rivers, though occasionally it can be found along smaller streams. However, it is also a light limited plant that needs relatively open canopy. There is no suitable habitat at the project site for this plant. 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 will not require blasting, but it will require removal of up to 12 trees (maple and poplar mostly). To protect Indiana bats, the obstructing trees will only be removed from October 15 to April 15 (winter clearing). The culvert is not long enough to support bats, but it was nonetheless surveyed in December 18, 2020 and bats were not seen. There are no caves apparent near the project area that are outwardly capable of harboring bats. Therefore, the project should have no effect on gray bats with a determination of may affect not likely to adversely affect for Indiana bat and NLEB. Section 106 Consultations are completed. A scoping request was sent to the 5 currently federally recognized tribes. Standard comments were received from two and are included in the application. The project was reviewed under the 2021 Section 106 PA agreement with the USACE. A determination of no survey required was levied for archaeology and concurred with by the US Forest Service die to the potential to work beyond existing NCDOT right-of-way. Note however that the work will remain within existing NCDOT right-of-way. US Highway 64 is on the NR- eligible survey list and there is a NR eligible boundary near, but not visible from, the project area. A no adverse effect determination was levied by the NC Historic Preservation Office for historic architecture with inclusion of minimization measures. Impacts to Waters of the United States The UT Cullasaja River (DWQ Class: B, Tr.) is shown on the USGS topographic map as a perennial stream. The channel is well defined with a substrate of boulders and is approximately 6 feet in width. The stream is too steep to support fish, but likely supports invertebrates and other aquatic life. The Little Tennessee River, which meets the definition of a Traditional US 64 Culvert Repair Page 3 February 26, 2021 Macon County Navigable Water, is downstream of the project area. For these reasons, we believe the UT Cullasaja River 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 Waters of the United States in the Little Tennessee River Basin (HUC 06010202030010). Specifically, NCDOT is requesting to replace a 10-foot section of culvert and repair scour in the channel below said culvert. Listed in table below is a summary of the proposed impacts. Site No. Existing Condition Proposed Condition Net Impacts Site Impact 1 UT Cullasaja River 10’ pipe section replacement to overall 60’ long culvert 0’ Site Impact 1A UT Cullasaja River rip-rap stream scour repair and bank stabilization (permanent impact) 25’ Site Impact 1B UT Cullasaja River dewatering (temporary impact) 20’ Total Permanent Stream Impact for Rip-Rap 25’ Total Temporary Impact for Dewatering 20’ The perched culvert condition will be unavoidable with the repair. The culvert likely had a perched outlet before the section washed-out because of the culvert slope and the steep grade below the culvert outlet. The pipe section to be replaced cannot be angled down to eliminate the perch. However, the area below will be stabilized with rip rap to restore the eroded stream channel and help prevent additional scour. Also noteworthy is that Bridal Veil Falls is immediately upstream of the culvert and effectively blocks any aquatic life passage in this stream. Therefore, the NCDOT requests a variance from the culvert burial requirements specified under the Final Regional Conditions. 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) as a courtesy because it does not trigger a written GC. Please contact me at (828) 246-7078 if you have any questions about this application or need additional information. Your prompt review and consideration of this request will be greatly appreciated. US 64 Culvert Repair Page 4 February 26, 2021 Macon County Cordially Dave McHenry Division 14 DEO Enclosures cc: Mrs. Marla Chambers, Western NCDOT Review Coordinator, NCWRC, Albemarle Mr. Kevin Mitchell, Division of Water Resources – DEQ, Asheville 2/26/2021