20210344 Ver 1_Ashe 122 PCN summary letter_20210511

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 11
801 STATESVILLE RD
NORTH WILKESBORO, NC 28659
Telephone:[phone]
[e-mail]
Customer Service: 1-877-368-4968
Website: ncdot.gov

May 11th, 2021
Ms. Lori Beckwith
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714

Subject: Nationwide 3 Permit Application – The replacement of Bridge No. 122 over North Fork
New River on SR 1549 (Garvey Bridge Road) in Ashe County. State Project No.:
17BP.11.R.131

Dear Ms. Beckwith:

The North Carolina Department of Transportation (NCDOT) is proposing to replace the existing
one lane timber, six-span bridge over the North Fork New River on Garvey Bridge Road
(SR1549) with a two-lane concrete, three-span bridge. The project will be State Funded. The
existing bridge is functionally obsolete, with a structural rating of 26 out of 100. The new bridge
will be built just upstream of the existing bridge, and traffic will be maintained on the existing
bridge during construction, so that an offsite detour is not required.

Currently, all stormwater on the bridge flows directly into the North Fork New River. The new
bridge will redirect stormwater to the southeast and southwest quadrants, where it will be diffused
onto a rip rap pad. All work will be conducted in the dry, using appropriate dewatering devices,
and all erosion control measures will be maintained throughout the project. The North Fork New
River is the only jurisdictional feature within the project area.

There are several Federally listed endangered and threatened species within Ashe County.
The following is a review of potential impacts to those species from this project.

High Elevation Species - Blue Ridge Goldenrod, Carolina Northern Flying Squirrel, Heller’s
Blazing Star, Roan Mountain Bluet, Rock Gnome Lichen, and Spreading Avens: The entire
project is below 2500 feet above MSL, which is well below the elevation range where these
species exist. Therefore, no habitat is believed to be present within the study area. Furthermore, a
review of the NCNHP records, updated January 2021, indicates no known occurrences of these
species within 1.0 mile of the project study area. Due to the lack of habitat and occurrences, a
biological conclusion of NO EFFECT is appropriate for these species.

Bog Turtle: The southern population of the bog turtle is listed as Threatened due to Similarity of
Appearance to the northern population. There are no wetlands near or within the project area, and
a review of the NCNHP records, updates January 2021, indicates no known occurrences of this
species within 1.0 mile of the project study area. While a biological conclusion is not required,
the lack of habitat and occurrences suggest that the project will have NO EFFECT on this species.

Gray Bat and Northern Long-eared Bat (NLEB): The existing structure was checked for bats and
signs of bat usage on July 13, 2020, and again on May 10, 2021. No indication of bat usage was
observed on either occasion. A review of the NCNHP records, updates January 2021, indicates no
known occurrences of this species within 1.0 mile of the project study area. Additional
information related to potential effects on bats include:
- there are no caves or mines within a mile of the project
- the project will involve 0.062 acres of tree clearing (trees > 3” DBH.)
- there are no plans to use artificial lighting or work at night
- no blasting or percussive activities are planned
- the project area is not situated in or near a “Red HUC” where NLEB hibernacula or maternity
roost trees are an identified concern (the closest “Red HUC” is > 35 miles to the southwest)

Rusty-patched bumble bee: This species is listed as Historical, meaning that all recorded
occurrences are either extirpated, have not been found in recent surveys, or have not been
surveyed recently enough to be confident they are still present. Surveys are not required.

Swamp Pink: A review of the NCNHP records, updated January 2021, indicates no known
occurrences of this species within a 1.0 mile of the project study area. Due to the lack of habitat
and occurrences, a biological conclusion of NO EFFECT has been rendered for this species.

Virginia Spiraea: Habitat is present for this species along the riverbanks of the South Fork New
River in Ashe County, but a review of the NCNHP records, updated January 2021, indicates no
known occurrences of these species on the North Fork New River, or within 1.0 mile of the
project study area. Furthermore, a survey of the project area was conducted on July 13, 2020 and
May 10, 2021 and no individuals were observed. It is also worth noting that the entire western
bank is mowed and weed eated, so there is no habitat available. Due to the lack of habitat and
occurrences, a biological conclusion of NO EFFECT has been rendered for this species.

Section 106 Information - This project was reviewed by the NCDOT Human Environment Unit
in 2016 for potential effects to archaeological resources. Following a survey, no archaeological
sites were identified, and it was determined that no further archaeological investigations were
warranted. The project was also reviewed for Historic Architecture and it was deemed that no
survey was required. All five of the appropriate tribes were contacted in late 2019. NCDOT
received a response from the Muscogee Nation, Cherokee Nation, and Catawba Tribe, and no
issues were raised.

Impacts to Waters of the United States - The North Fork New River will be impacted by this
project. The table below provides specifics about the proposed permanent and temporary impacts
to this resource.
National Wild and Scenic River Act - Approximately ¼ mile downstream of the project is the
confluence of the North Fork New River and the South Fork New River, which creates the New
Existing Proposed Impacts
Waterbody Condition Condition Purpose Permanent Temporary
NF New River One lane x 261'
L bridge
Two lane x 270' L
bridge
temorary work pad /
causeway 0'135' (causeway)
NF New River eroded bank rip rap
embankment protect from erosion 127'40' (dewatering)
NF New River 2 new instream
bridge bents fill from new bridge bents 6'0
Total 133'175'

River. Both the South Fork New River and the New River are designated as a wild and scenic
river. One of the major components of the wild and scenic river act is to maintain the free-flowing
character of our rivers. The proposed bridge will reduce the number of in-water bents from four
to two, which should result in less catchment of woody debris and less blockage of flow. The
project will require a temporary redirection of river flow as a result of the causeway for building
the new bridge and removing the old one. However, the causeway will not extend more than
50% of the rivers width at any one time. Portions of the causeway will not be installed until
needed, and will be removed immediately once that portion of the project is complete. NCDOT
understands that additional information may be required to resolve potential wild and scenic
issues for this project. Please let us know if we can assist with that process.

River Safety - Recreational river use safety is an obvious concern for bridge replacement projects
on large rivers. While the South Fork New River and mainstem New River receive a moderate
amount of river usage, there is minimal river usage on the North Fork New River. This is likely
due to the remote location, lack of recreational outfitters, and public river access. The closest
river access on the North Fork New River is approximately 8 miles upstream at the NC HWY 16
bridge. It is a lightly used access (only 2-3 parking spots) that requires a steep carry down a set of
rock steps. Furthermore, individuals putting in at the NC HWY 16 access will need to not only
float the 8 miles to Ashe bridge 122, but will need to extend their float another 6-7 miles to the
closest public takeout, located in Mouth of Wilson, Virginia. While river use in the South Fork
New River is much higher, it is very unlikely that paddlers will venture up the North Fork New
River from the South Fork due to a series of swift currents that would make upstream movement
very difficult. As a result, we do not expect any issues with recreational users during the
construction of the new bridge or removal of the old bridge. Regardless, NCDOT plans to put up
a sign at the NC HWY 16 access asking individuals to look out for workmen and to make
themselves seen before paddling under the Ashe 122 bridge. Also, all staff working on the bridge
will be instructed to look out for river users and to halt any work overhead when river users are
observed near or under the bridge.

Permits Requested - NCDOT hereby requests authorization under Section 404 of the Clean
Water Act to proceed with the construction project outlined above. The project area is within a
designated trout watershed, and a review of the project by Mrs. Marla Chambers, Western
NCDOT Coordinator with the NC Wildlife Resources Commission is requested. NCDOT also
requests authorization for the project under Section 401 of the Clean Water Act from the North
Carolina Department of Environmental Quality, Division of Water Resources (DWR). Please
contact me at [phone] if you have any questions or need additional information to
evaluate this request.

Sincerely,

Kevin Hining
Division 11 Environmental Officer
828-386-7202
[e-mail]

Enclosures
cc: Amy Chapman, Division of Water Resources
Dave Wanucha, Division of Water Resources
Joe Laws, PE, Division Bridge Program Manager
Mark Johnson, Division Bridge Program Technician
Todd Hiatt, Roadside Environmental Field Operations Supervisor