20201575 Ver 1_Swain County - B133 - NWP 3 Cover Letter (Final)_20210319

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 18, 2021

Ms. Crystal Amschler - Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714

Subject: Nationwide 14 Permit Application
Replace Bridge No. 133 on SR 1132 (Hickory Cove Road) over Brush Creek
Swain County, North Carolina
WBS Element No. 17BP.14.R.164

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 18’ 6” L
timber deck on timber beam bridge with a 20’ 7” W x 48’ L x 5’ 3” H aluminum box culvert
unit. Rip-rap will be placed on stream banks directly upstream and downstream of the culvert
structure for stabilization. Traffic will be detoured onsite utilizing the exisitng bridge while the
new box culvert is constructed directly downstream. The project will also include some minor
approach work on the existing roadway. The expected project let date is 10.13.2021.

I am enclosing a PCN application, SHPO forms, plan sheets showing the proposed work, a
marked vicinity map, a USGS quad map and photographs.

In Swain County, Carolina northern flying squirrel (Glaucomys sabrinus coloratus), Gray bat
(Myotis grisescens), Indiana bat (Myotis sodalis), Northern long-eared bat (Myotis
septentrionalis), Appalachian elktoe (Alasmidonta raveneliana), Little-wing Pearlymussel
(Pegias fabula), Spotfin chub (Erminonax monachus), Noonday snail (Mesodon clarki
Nantahala), Spruce-fir moss spider (Microhexura montivaga), Rusty-patched bubble bee
(Bombus affinis), Virgiana spiraea (Spiraea virginiana),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 Little Tennessee River is approximately 3.09 miles downstream of the bridge is a significant
Natural Heritage Area that supports several federally listed aquatic species. Brush Creek at the
project site is too small for Appalachian elktoe mussels and Little-Wing Pearlymussel, however
the Appalachian elktoe mussels and Spotfin chub are found downstream in the Little Tennessee
River. The project is limited in scope to replacing the existing bridge with an aluminum box

Bridge No. 133 – Swain County Page 2 March 18, 2021

culvert in a temporarily dewatered/diverted 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
mountain bogs present on site.

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 5-7 trees (poplar, oak, locust, sycamore & dogwood) 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 9.30.2020 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 project 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 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. The elevation at the project site is about 2,040 feet.

The noonday snail is found on wet cliffs that are intersected by many small streams and
waterfalls. The noonday snail is known only to be found in a two-mile area within the Nantahala
Gorge in Swain County. The project will have no effect on the noonday snail.

Virginia spiraea typically occurs along high gradient rivers that are larger than Brush Creek. It is
usually found on rocky, flood-scoured riverbanks and rock bars. These habitats are absent at the
project site and there are no records for this plant in the Brush Creek watershed. Virginia spiraea
surveys were completed in 2017 and 2020 and were negative.

The project is limited to the replacement of an existing bridge with an aluminum box culvert
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 NLEB and Indiana Bat. The conclusion for NLEB &
Indiana bats is typically “may affect, not likely to adversely affect” with the winter tree
clearing restriction.

This project was reviewed by NCDOT’s Human Environment Unit in 2016 for potential effects
to historical architecture and archaeology. It was determined that no surveys were required for
archeological resources and historic architecture. (see attached forms).

Bridge No. 133 – Swain County Page 3 March 18, 2021

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

Brush 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 8-
10 feet in width. The stream has sufficient flow to support fish and other aquatic life. From
project site, Brush Creek flows approximately 3.09 miles to the Little Tennessee River, which
meets the definition of a Traditional Navigable Water. For these reasons, we believe Brush
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, Brush Creek, which
are waters of the United States in the Little Tennessee River Basin (HUC 060102020405).
Specifically, NCDOT is requesting to replace Bridge No. 133 with a aluminum box culvert.
Project impacts are depicted within the project permit plans on page 5 of 7 & 7 of 7. Listed
below is a summary of the proposed impacts.

Site No.
Station
Existing Condition Proposed Condition Net
Impacts
S1 Brush Creek Aluminum Box Culvert 48’
S1a Brush Creek
Diversion/Dewatering to
remove wooden end bents &
install rip-rap & culvert
(Temporary Impact)
100’
S2 Brush Creek
Rip-Rap Bank Stabilization
Upstream
(Permanent Impact)
16’
S3 Brush Creek
Rip-Rap Bank Stabilization
Downstream
(Permanent Impact)
14’

Total Permanent Stream Impact for Aluminum Box Culvert 48’
Total Permanent Stream Impact for Rip-Rap 30’
Total Temporary Impact for Impervious Dikes and Diversions 100’

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

Bridge No. 133 – Swain County Page 4 March 18, 2021

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

Patrick J. Breedlove
Division 14 - Environmental Specialist II

Enclosures

cc: Ms. 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