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Home My WebLink About20210297 Ver 1_Cherokee County - B182 - NWP 14 Cover Letter (Final)_20210322 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER ERIC BOYETTE GOVERNOR SECRETARY Division 14 Office Telephone: (828) 586-2141 253 Webster Road, Sylva, North Carolina 28779 Fax: (828) 586-4043 March 19, 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 14 Permit Application Replace Bridge No. 182 on SR 1127 (Bell Hill Road) Over UT to Persimmon Creek, Cherokee County WBS Element No. 17BP.14.R.205 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 18' 6”L × 20' W single span timber structure with a 68’ L × 20’ 11” W × 6’1” H aluminum box culvert on a 127º degree skew and 3.37% slope. The inlet and outlet will have 8’W × 1’ D notched 2’ H sills to help retain stream bedload and to facilitate fish passage. Traffic will be detoured offsite using road closure. The new culvert will be constructed within the existing bridge footprint and extended upstream & downstream. The project will also include some minor approach work on the existing roadway. I am enclosing a PCN application, jurisdictional form, SHPO forms and plan sheets showing the proposed work, a marked vicinity map, a USGS quad map and photographs. The North Carolina Natural Heritage Program lists 5 species for Cherokee County that have federal status and are known from current records or were known to occur in the county historically. Five species, the Indiana bat (Myotis sodalis), the Gray Bat (Myotis grisescens), the northern long-eared bat (Myotis septentrionalis, NLEB), small whorled pogonia (Isotria medeoloides), and the Cumberland bean (Villosa trabalis) are known from current records and are listed as either threatened or endangered. According to the USFWS, Cherokee County is considered potentially occupied range for Indiana, Gray and NLEB bats. There are no records for threatened or endangered species in the Persimmon Creek watershed. Cumberland bean is typically found in larger, warmer rivers with the only record in North Carolina being from the Hiwassee River downstream of Appalachia Lake. UT to Persimmon Creek at the bridge is greater than 6.00 topography miles south and does not connect into the Appalachia Lake tailrace. This stream is also too small and likely too cold to support mussels. Bridge No. 182 – Cherokee County Page 2 March 19, 2021 The terrestrial habitat in the vicinity of the project has been disturbed by the road, powerline corridor maintenance, agriculture practices, yards and bridge. The habitat in the area is not characteristic of small whorled pogonia due to ingoing disturbance and the closed canopy of the nearest forest (downstream of bridge). Field surveys for small whorled pogonia in 2020 were negative. Habitat for threatened and endangered terrestrial species is lacking at the bridge site except for a few trees near the bridge that may have potential to provide summer roosting habitat for the Indiana bat and northern long eared bat. Gray bats usually roost in caves or in/on structures year-round while Indiana bats and NLEB only winter in caves or mines. There are no mines or caves visible near the bridge. 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. The existing bridge is a low timber structure and therefore probably too cool for bats. Program staff inspected the bridge for bats and/or indicators of bat presence in 2017 and September 30th, 2020 and no evidence was present. There will be approximately 12 trees removed for project (maple, poplar, Bradford pear). Jack-hammering and mechanized pile driving may be required to install guardrail units. The project area is not located in a “red HUC” for NLEB and is over 1.00 mile from the nearest “red HUC” (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. This project should have “no effect” on gray bats and a determination of “may affect, not likely to adversely affect” is appropriate for Indiana bats with the “winter tree clearing” practice. This project was reviewed by NCDOT’s Human Environment Unit in 2018 for potential effects to historical architecture and archaeology. It was determined that surveys were not required for either historical architecture or archeological resources (see attached forms). 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 UT to Persimmon Creek (DWQ Class: C) is shown on the USGS topographic map as a perennial stream. The channel is well defined with a substrate of sand, gravel and cobble. The stream has sufficient flow to support fish and other aquatic life. UT to Persimmon Creek flows approximately 0.02 miles to Persimmon Creek, which flows 1.03 miles into the Hiwassee Lake. The Hiwassee Lake meets the definition of a Traditional Navigable Water. For these reasons, we believe the UT to Persimmon 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 waters of the United States in the Hiwassee Basin (HUC 060200020703). Specifically, NCDOT is requesting to replace Bridge No. 182 with an aluminum box culvert. Listed below is a summary of the proposed impacts. Bridge No. 182 – Cherokee County Page 3 March 19, 2021 Site No. Station Existing Condition Proposed Condition Net Impacts Site 1 18' 6”L × 20' W single span timber bridge over UT to Persimmon Creek 68’ L × 20’ 11” W × 6’1” H Aluminum Box Culvert 68’ Site 2 UT to Persimmon Creek Impervious dikes and flow diversions 120’ Site 3 UT to Persimmon Creek Stream Bank Rip-Rap Bank Stabilization 30’ Site 4 UT to Persimmon Creek Stream Bank Rip-Rap Bank Stabilization 15’ Total Permanent Stream Impact for Aluminum Box Culvert 68’ Total Permanent Stream Impact for Streambank Stabilization 45’ Total Temporary Impact for Impervious Dikes and Diversions 120’ 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 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 Environment and Natural Resources (DENR), Division of Water Resources (DWR). In addition, I am asking Mrs. Chambers to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact me at (828) 508 - 7397. Your prompt review and consideration of this request will be greatly appreciated. Sincerely, Patrick J. Breedlove Division 14 Environmental Specialist II Bridge No. 182 – Cherokee County Page 4 March 19, 2021 Enclosures cc: Ms. Holland Youngman, Biologist, US Fish & Wildlife Service, Asheville Mrs. Marla Chambers, Western NCDOT Review Coordinator, NCWRC Mr. Kevin Mitchell, Division of Water Resources, DEQ, Asheville