20210299 Ver 1_Macon County - B236 - GP 50 Cover Letter (Final)_20210614

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 11, 2021

Mrs. Crystal Amschler - 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. 236 on SR 1396 (Ray Creek Road)
over Left Prong Burningtown Creek
Macon County, North Carolina
WBS Element No. 17BP.R.14.R.156

Dear Mrs. Amschler:

The North Carolina Department of Transportation (NCDOT) is proposing to replace a functionally
obsolete and deteriorating 30.5’L timber deck on steel I-beam bridge on SR 1396 over Left Prong
Burningtown Creek in Macon County. The new bridge will be larger at approximately 28’W by 45’ L
and have a cored slab bridge deck and concrete endwalls. Traffic will be managed on-site with staged
construction, which will allow the new bridge to occupy virtually the same location as the existing
structure. The existing roadway will require minor rework on either side of the bridge for the staged
construction/detour and to tie-in the elevations of the new bridge.

This project is state funded with the U.S. Army Corps of Engineers serving as the lead.

Section 7
U.S. Fish and Wildlife Service identifies twelve federally listed species for Macon County that are known
from current records. These are: Spotfin Chub (Erimonax monachus), Carolina northern flying squirrel
(Glaucomys sabrinus coloratus), Appalachian Elktoe (Alasmidonta raveneliana), Little-wing
Pearlymussel (Pegias fabula), small whorled pogonia (Isotria medeoloides), Virginia spiraea (Spiraea
virginiana), rock gnome lichen (Gymnoderma lineare), gray bat (Myotis grisescens), Indiana bat (Myotis
sodalis), northern long-eared bat (Myotis septentrionalis, NLEB), mountain sweet pitcher plant
(Sarracenia rubra ssp. Jonesii) and swamp pink (Helonias bullata)

The Little Tennessee River is about 9 miles downstream of the bridge and is a significant Natural
Heritage Area that supports several federally listed aquatic species. These include Appalachian Elktoe
Mussel and Spotfin Chub that also have been found in Burningtown Creek, albeit well over a mile
downstream of the project. Left Prong Burningtown Creek at the bridge is too small, steep, and/or cold
for Appalachian Elktoe or other mussels such as Little-wing Pearlymussel. The project is limited to
replacing the existing bridge with a cored slab bridge. Therefore, adverse effects of construction on
aquatic habitat should be minor and temporary. There should be no short or long-term effects of the
project on Appalachian Elktoe Mussel, Little-wing Pearlymussel, and Spotfin Chub.

Bridge No. 236 – Macon County Page 2 June 11, 2021

Small whorled pagonia can be found in open, dry, deciduous woods with acid soil, though they are
sometimes near streams and in mesic forest in association with white pine and rhododendron. There is a
record for this plant within one mile of the bridge. However, small whorled pagonia surveys were
completed in the project area during survey windows in 2015 and 2021 and were negative.

Rock gnome lichen is typically found at high elevations on vertical rock surfaces that are often bathed in
fog. However, it can also occur at lower elevations on cliffs that occasionally receive seepage and on
damp rock faces in river gorges where there is high humidity. The elevation at the project site is about
2,300 feet and there are no damp rock faces near the site.

Virginia spiraea typically occurs along high gradient rivers that are larger than Left Prong Burningtown
Creek. It is usually found on rocky, flood-scoured riverbanks and rock bars. There are no records for this
plant in the watershed. There is a rock bar at the bridge site but Virginia spiraea surveys were completed
in 2015 and 2021 and were negative.

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 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 12-20 trees (poplar, hemlock, white pine, oak spp.)
and demolition of an old wooden 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 usage on June 3, 2015 and May 18, 2021 and none were evident; absence of bats and signs of bat
usage will be confirmed prior to demolition. There are no caves or mines evident near the bridge.
Therefore, the project should have no effect on Gray bats. The bridge is situated in a “red HUC” where
known NLEB maternity roosts and/or hibernacula are a concern and it is within one mile of a NLEB
record. However, the project will comply with the 4(d) Final Rule for NLEB because there are no NLEB
records within 0.25 mile of the bridge and winter tree clearing will be also used as a conservative
conservation measure.

There is no high elevation habitat for CNFS at the bridge and the project will not affect wetlands that
could support swamp pink or mountain sweet pitcher plant.

The project is limited to the replacement of an existing bridge with a cored slab structure. 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 Indiana
bats. The conclusion for Indiana bats is typically “may affect, not likely to adversely affect” with the
winter tree clearing measure.

Section 106
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 survey was required for historical
architecture. A survey was completed for archeological resources with a determination that eligible
resources were not present. A copy of the report was provided then to the three Cherokee Tribes. See
attached forms.

Impacts to Waters of the United States
Left Prong Burningtown 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

Bridge No. 236 – Macon County Page 3 June 11, 2021

approximately 18-20 feet in width. The stream has sufficient flow to support fish and other aquatic life.
From the bridge, the creek flows into Burningtown Creek and ultimately about 9 miles downstream to the
Little Tennessee River, which meets the definition of a Traditional Navigable Water. For these reasons,
we believe Burningtown 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 Left Prong
Burningtown Creek in the Little Tennessee River Basin (HUC 060102020403). Specifically, NCDOT is
requesting to replace Bridge No. 236 with a cored slab bridge. Project impacts are depicted on the project
permit plans. Listed below is a summary of those impacts.

Site No.
Station
Existing Condition Proposed Condition Net
Impacts
S1 Left Prong Burningtown Creek
Impervious dikes and flow
diversions, as needed.
(Temporary Impact)
77’
S1a Stream banks on Left Prong
Burningtown Creek
Rip Rap protection under new bridge
(Permanent Impact) 53’

Compensatory Mitigation
Compensatory mitigation has not been proposed since impacts are minimal and do not result in loss or
appreciable degradation of waters.

Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the
construction project outlined above. This application has been sent to the North Carolina Department of
Environmental Quality (DEQ), Division of Water Resources (DWR) because it will require a written GC
as well. By copy of this letter, I am asking Mrs. Marla Chambers, Western NCDOT Review Coordinator
of the WRC, to comment directly to the regulatory agencies and I concerning the Regional General
Permit Verification and 401 WQC Written requests.

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,

Patrick J. Breedlove

Patrick J. Breedlove
Division 14 - Environmental Specialist II

Enclosures

cc: Mrs. 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