20210300 Ver 1_Macon County - B43 - GP 50 Cover Letter (Final)_20210708

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]

July 8, 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. 43 on SR 1635 (Middle Creek Road)
over Middle Creek
Macon County, North Carolina
WBS Element No. 17BP.R.14.R.210 (B-5919)

Dear Mrs. Amschler:

The North Carolina Department of Transportation (NCDOT) is proposing to replace a functionally obsolete
and deteriorating 40.5’L timber deck on steel I-beam bridge on SR 1635 over Middle Creek in Macon
County. The new bridge will be a 30’ W x 85’ L x 33” H steel box beam unit with 4’ end caps and concrete
endwalls. Traffic will be managed on-site with staged construction and the new bridge will occupy the
location directly upstream of the existing bridge. 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. There will
also be 174’ of stream relocation for a small unnamed tributary to Middle Creek to allow new roadway cross-
section.

This project is partial federally 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 downstream of the bridge project and is a significant Natural Heritage Area
that supports several federally listed aquatic species. These include Appalachian Elktoe Mussel and Spotfin
Chub, however, they have not been found in Middle Creek and records are well over a mile downstream of
the project. Middle Creek at the bridge is too small, steep, and/or cold for Appalachian Elktoe or other
mussels such as Little-wing Pearlymussel. A mussel survey was completed on June 15, 2016, by Three
Oaks Engineering and the results were negative. The project is limited to replacing the existing bridge with a
box beam bridge. Therefore, adverse effects of construction on aquatic habitat should be minor and

Bridge No. 43 – Macon County Page 2 July 8, 2021

temporary. There should be no short or long-term effects of the project on Appalachian Elktoe Mussel,
Little-wing Pearlymussel, and Spotfin Chub.

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 are no
records for this plant within one mile of the bridge project and small whorled pagonia surveys were
completed in the project area during survey windows in 2019 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 2,085 feet and
there are no damp rock faces near the site.

Virginia spiraea typically occurs along high gradient rivers that are larger than Middle Creek. It is usually
found on rocky, flood-scoured riverbanks and rock bars. There are no records for this plant in the watershed.
Virginia spiraea surveys were completed in 2019 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 trees (poplar, walnut, 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 March 24, 2016, June 12, 2019 and July 6, 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 not situated in a “red HUC” where known
NLEB maternity roosts and/or hibernacula are a concern and is greater than one mile of a NLEB record.
Therefore, 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 used as a conservative conservation measure.

There are 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 box beam 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 and 2019 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
Middle 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 20-25 feet in width.
The stream has sufficient flow to support fish and other aquatic life. From the bridge, the creek flows
approximately 1.01 miles downstream to the Little Tennessee River, which meets the definition of a

Bridge No. 43 – Macon County Page 3 July 8, 2021

Traditional Navigable Water. For these reasons, we believe Middle 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 Middle Creek in the Little Tennessee River Basin (HUC 060102020102). Specifically,
NCDOT is requesting to replace Bridge No. 43 with a box beam 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
Site 1 Middle Creek
Impervious dikes and flow
diversions, as needed.
(Temporary Impact)
10’
Site 1a Stream banks on Middle Creek Rip Rap protection under new bridge
(Permanent Impact) 6’
Site 2 Middle Creek
Impervious dikes and flow
diversions, as needed.
(Temporary Impact)
68’
Site 2a Stream banks on Middle Creek
under new bridge unit
Rip Rap protection under new bridge
(Permanent Impact) 43’
Site 3 UT to Middle Creek
Impervious dikes and flow
diversions, as needed.
(Temporary Impact)
180’
Site 3a UT to Middle Creek Stream Relocation 174’

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

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