20210578 Ver 1_Cover Letter (Final)_20210317

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]

March 17, 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 Culvert – Foot for Foot
Henry Bird Road – Jackson County, North Carolina
WBS Element No. 14.205011
DF No. 16014.2050012

Dear Ms. Amschler:

The North Carolina Department of Transportation (NCDOT) is proposing to replace the subject
culvert. The purpose of the project is to replace the deteriorating and partially collapsed
corrigated metal pipe (CMP) culvert. The replacement will be foot for foot (3’ W x 148’ L). The
road will be closed and local traffic will utilize a pedestrian foot bridge to access property. The
construction time frame will take 1 day to complete replacement. The project would normally
qualify for NWP 3 Non-Notification, however, project area is 0.26 miles from the Tuckasegee
River, which is occupied critical habitat for the Appalachian Elktoe Mussel. The project must be
completed by 6.30.2021.

I am enclosing a PCN application, SHPO form, plan sheet showing the proposed work, a marked
GIS map, a USGS quad map and photographs.

In Jackson County, Carolina northern flying squirrel (Glaucomys sabrinus coloratus), Gray bat (Myotis
grisescens), Indiana Bat (Myotis sodalis), Northern long-eared bat (NLEB, Myotis septentrionalis),
Appalachian Elktoe (Alasmidonta raveneliana), Spruce-Fir Moss Spider (Microhexura montivaga), Small
Whored Pogonia (Isotria medeoloides), Swamp Pink (Helonias bullata) and Rock gnome lichen
(Gymnoderma lineare) are known from current records (or suspected to occur) and are federally-listed as
either threatened or endangered.

The Carolina northern flying squirrel, rock gnome lichen, and spruce-fir moss spider are found in spruce-
fir forests and other isolated high elevation locations in western North Carolina. However, rock gnome
lichen is an exception because it can occasionally be found at lower elevations in deep river gorges with
high humidity or on some vertical rock faces that are periodically wet. The project area is much too low
in elevation for these species and there are no damp rock faces nearby.

Henry Bird Road – Macon County Page 2 March 17, 2021

Gray bats usually roost in caves or in/on structures year-round while Indiana bats and NLEB only winter
in caves or mines. In summer, Indiana bats and NLEB generally roost in the loose bark of trees, either
dead with peeling bark or cavities, or live trees with shaggy bark such as white oak, maples, sycamore
and hickories. There are no mines or caves visible near the project. There will not be any jackhammering
or mechanized pile driving required to replace existing culvert. The project area is NOT in a “red HUC”
for NLEB, and according to Natural Heritage data the work area is over 0.25 mile from any records for
this species (hibernacula or maternity roosts). Therefore, this project is consistent with the final Section
4(d) rule, codified at 50 C.F.R. § 17.40(o) and effective February 16, 2016 for NLEB. Since there are
no structures effected nor trees that will have to be removed, the project should have “no adverse
effects” on bats.

The unnamed tributary at the project site does not have historical occurrence records for Appalachian
Elktoe mussels, however, these mussels are found downstream in the Tuckasegee River. The project site
is approximately 0.26 stream miles upstream of the Tuckasegee River the river. For these reasons, stream
disturbance will be minimized when replacing the culvert. Disturbed streambanks within project area will
be seeded and stabilized immediately following disturbance with coir matting. Design standards for
sensitive watersheds will be utilized for project. For these reasons, the project “may affect, not likely
to adversely affect” Appalachian Elktoe Mussel.

Small whorled pagonia generally 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. The
habitat at the project site is mostly disturbed road right-of-way with mowed grassed areas. For these
reasons, small whorled pagonia should not be affected by the construction work.

Swamp pink are found in some saturated-soil wetlands in Jackson County. The nearest records for swamp
pink are over 10 miles from the proposed project and there are no boggy areas or other wetlands found in
the project area.

The project is limited to the replacement of an existing CMP culvert in the same disturbed
location. Erosion and sedimentation control measures will be implemented to protect aquatic
habitats. Therefore, for the reasons described above, we recommend a “no effect” determination
for threatened and endangered species with exception of the Appalachian Elktoe Mussel and a
“may affect, not likely to adversely affect” for the Appalachian Elktoe Mussel due to the
proximity of the project site to the critical habitat within the Tuskasegee River.

Due to the nature of the project being in existing disturbed right of way, this project meets the
qualifications for the Cultural Resources Programmatic Agreement Screening Checklist for
Section 106. (see attached form).

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
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.

Henry Bird Road – Macon County Page 3 March 17, 2021

Impacts to Waters of the United States

The unnamed tributary flows into the Tuckasegee River. The channel is well defined with a
substrate of gravel, sand, and cobble and is approximately 2 feet in width. The stream has
sufficient flow to support aquatic life. From project site, the unnamed tributary flows
approximately 0.26 miles to the Tuckasegee River, which meets the definition of a Traditional
Navigable Water. For these reasons, we believe the unnamed tributary 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 the unnamed tributary, which are waters of the United
States in the Little Tennessee River Basin (HUC 060102030304). Specifically, NCDOT is
requesting to replace the existing CMP culvert, foot for foot in the same disturbed location.
Project impacts are depicted within the project permit plans sheet 1. Listed below is a summary
of the proposed impacts.

Site No.
Station
Existing Condition Proposed Condition Net
Impacts
S1 UT to the Tuckasegee River
CMP Culvert Replacement
36” x 148’ (Foot for Foot)
(Permanent Impact)
148’
S1a UT to the Tuckasegee River
Diversion/Dewatering to
remove/replace culvert.
(Temporary Impact)
160’

Total Permanent Stream Impact for Culvert Replacement 148’
Total Temporary Impact for Impervious Dikes and Diversions 160’

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.

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

Henry Bird Road – Macon County Page 4 March 17, 2021

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