20210302 Ver 1_Cherokee County - B170 - GP 50 Cover Letter (Final)_20210610

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]

June 10, 2021

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

Subject: General Permit 50 Application
Replace Bridge No. 170 on SR 1411 (Old Block Plant Road)
Over Marble Creek, Cherokee County
WBS Element No. 17BP.14.R.167

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' 6”L × 21' W single
span timber structure with a 40’ L × 21’ 10” W × 5’ 8” H aluminum box culvert on a 90 degree
skew and 0.50% slope. The inlet and outlet will have 10’W × 1’ D notched 2’ H sills to help
retain stream bedload and to facilitate fish passage. Traffic will be detoured onsite using staged
construction. The new culvert will be constructed within the existing bridge footprint and
extended slightly upstream & downstream. Due to roadway approach fill slopes, it will be
necessary to realign 50 linear feet of an unnamed tributary to Marble Creek, directly upstream of
the box culvert inlet. 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 USGS quad map and photographs.

The North Carolina Natural Heritage Program lists 5 species for Cherokee County that have
federal status. The 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 Marble Creek watershed. The
only records for listed species are greater than 1.00 miles from the proposed project.

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. Marble Creek at the

Bridge No. 170 – Cherokee County Page 2 June 10, 2021

bridge is over 10.00 topography miles east and does not connect into the Appalachia Lake
tailrace. This stream is also too small and likely too cold to support mussels.

The terrestrial habitat in the vicinity of the project has been disturbed by the road, metal
recycling center, automobile repair shop and residential yards. The habitat in the area is not
characteristic of small whorled pogonia due to ongoing disturbance and the closed canopy of the
nearest forest (downstream of bridge). Plant surveys were completed in 2020 and 2021 and 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 2020 and May 20th, 2021 and no
evidence were present. There will be approximately 8 trees removed (sycamore, ash and poplar).
Jack-hammering and mechanized pile driving may be required to install guardrail units. The
extent and duration of percussive activities is difficult to predict with certainty, but on projects of
this scale percussive activities typically occur intermittently for 2-4 hours, over a one-day period.

The project area is not located in a “red HUC” for NLEB and is over 0.25 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 2016 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

Marble 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 with gravel and medium-sized boulders.
The stream has sufficient flow to support fish and other aquatic life. Marble Creek flows
approximately 0.51 miles into the Valley River. The Valley River meets the definition of a
Traditional Navigable Water. For these reasons, we believe Marble 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

Bridge No. 170 – Cherokee County Page 3 June 10, 2021

Basin (HUC 060200020404). Specifically, NCDOT is requesting to replace Bridge No. 170 with
an aluminum box culvert. Listed below is a summary of the proposed impacts.

Site No.
Station
Existing Condition Proposed Condition Net
Impacts
Site 1
20' 6”L × 21' W
Single Span Timber Bridge
over Marble Creek
40’ L × 21’ 10” W × 5’8” H
Aluminum Box Culvert 40’
Site 1a Marble Creek Impervious dikes and dewatering 70’
Site 2 UT to Marble Creek Channel Realignment 50’
Site 2a UT to Marble Creek Impervious dikes and dewatering 70’
Site 3 Marble Creek Streambank Rip-Rap Bank Stabilization 13’
Site 4 Marble Creek Streambank Rip-Rap Bank Stabilization 12’

Total Permanent Stream Impact for Aluminum Box Culvert 40’
Total Permanent Stream Impact for Benches and Streambank Stabilization 25’
Total Permanent Stream Impact for Stream Channel Realignment 50’
Total Temporary Impact for Impervious Dikes and Diversions 140’

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).

Bridge No. 170 – Cherokee County Page 4 June 10, 2021

If you have any questions or need additional information, please contact me at [phone]
Your prompt review and consideration of this request will be greatly appreciated.

Sincerely,

Patrick J. Breedlove

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
Mr. Kevin Mitchell, Division of Water Resources, DEQ, Asheville