20211041 Ver 1_Ashe 273 PCN letter_20210804

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

August 4th, 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 14 Permit Application – Ashe Bridge 273 replacement. Ashe County, North
Carolina. 17BP.11.R.145; WBS Element 33384.12 - State Funded

Dear Ms. Beckwith:

The North Carolina Department of Transportation (NCDOT) is proposing to replace the existing
one lane timber deck, three-span bridge over Big Horse Creek on SR 1347 (Teaberry Road) in
Ashe County 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 21 out of 100. The new bridge
will be built upstream of the existing bridge, since a detour is not optional, and will be fitted with
guardrail and on a different skew to improve visibility and safety. The bridge will have 23’ of
clearance above the normal stream elevation, putting it above the 100-year flood elevation.
Currently, all stormwater on the bridge flows directly into Big Horse Creek. The new bridge will
utilize deck drains in the overbank areas to reduce water levels on the bridge, but will not
discharge directly into Big Horse Creek. Where feasible, grassed shoulders have been widened to
aide in removing contaminants from the runoff.

Big Horse Creek within the Town of Lansing has had historical issues with flooding, so the
project has been designed to limit future flooding issues be raising the height of the bridge, and
stabilizing the streambanks. Currently, the streambanks along the project area are near vertical in
most places, and much of the area has been hardened in past attempts to reduce erosion. Due to
the location of existing roads and structures that parallel the river, it is not possible to slope the
banks back to a typical 2:1 and reestablish native vegetation. Furthermore, it would be extremely
difficult to re-vegetate this area with native species, regardless of bank sloping, as highly invasive
Japanese knotweed (Reynoutria japonica) has taken over the streambanks throughout this area.
Instead, the banks will be sloped to 1.5:1 (or flatter where feasible) and rip rapped. The area
receiving rip rap is 413’ in length, but more than half of this area is already hardened with some
sort of armor (rip rap or concrete). As a result, only 197’ of new impact from bank stabilization
will occur, since the remaining 216’ is already armored.

The only other jurisdictional work on this project will include the replacement of a pipe system
carrying a small 1’ wide UT that enters Big Horse Creek on the east side. The existing system is
composed of a 30” CMP that carries the UT under NC HWY 194, and then connects to 36” CMP
before discharging into Big Horse Creek. This system will be replaced with a 36” RCP. While the
new pipe system will not pipe any new stream footage, it will be on a different alignment to move
the pipe outlet away from the new bridge location. Due to the steepness of the new pipe system (>

5%), and concerns over erosion of the stream bank at the pipe outlet, this new pipe system will
outlet onto the rip rapped embankment. The existing pipe system is perched approximately 2’
above Big Horse Creek, with no aquatic passage, so this new layout should improve passage for
aquatic organisms like crayfish and amphibians (the UT is believed to be too small for fish to
use). The new pipe system will originate immediately beside the existing pipe system. Once the
new pipe system is constructed, the stream will be sent into it and the old pipe system will be
removed. Since the new pipe system is on a different alignment, the work will be accomplished
with minimal impacts. However, we are requesting 10’ of temporary impacts to cover the
construction of the new headwall and removal of the old headwall.

A review of the USFWS IPaC program resulted in seven Federally listed endangered and
threatened species that could occur in or near the project area. The following is a review of
potential impacts to those species from this project.

High Elevation Species - Heller’s Blazing Star and Rock Gnome Lichen: The entire work area is
below 2700 feet MSL, which is below the elevation range where these species exist, and there are
no rock outcrops in the project area. Therefore, no habitat is believed to be present within the
study area. Furthermore, a review of the NCNHP records, updated July 2021, indicates no known
occurrences of these species within 1.0 mile of the project study area. Due to lack of habitat and
nearby occurrences, a biological conclusion of NO EFFECT is appropriate for both species.

Bog Turtle: The southern population of the bog turtle is listed as Threatened due to Similarity of
Appearance to the northern population. There is a small (0.02 acre) wetland outside of the project
footprint, but this area will not be impacted by the project. A review of the NCNHP records,
updated July 2021, indicates no known occurrences of this species within 1.0 mile of the project
study area. The lack of habitat and nearby occurrences suggest that the project will have NO
EFFECT on this species.

Gray Bat and Northern Long-eared Bat (NLEB): Please also see Bat Memo from NCDOT
Biological Unit – attached to the PCN. The existing structure is a low water timber bridge that
is frequently overtopped, and as a result, is not a preferred habitat for any known bat species.
NCDOT staff surveyed the bridge during the summer of 2020 and 2021, and no indication of bat
usage was observed on either occasion. A review of the NCNHP records, updated July 2021,
indicates no known occurrences of these species within 1.0 mile of the project study area.
Additional information related to potential effects on bats include:
- the project is not situated in or near a “Red HUC” where NLEB hibernacula or maternity roost
trees are an identified concern (the closest known NLEB hibernacula is 32 miles southwest).
-No caves are known to be in the project vicinity. One mine exists < 0.5 miles of the project. The
Ashe Mining Company Magnetite Mine is located 0.41 miles to the southeast, but a review of the
Mineral Resource Data System indicated that the operation type is unknown and a site visit to the
location revealed a residential property with a house, and no evidence of a mine. As a result, it is
uncertain if it is a surface mine or underground mine that might be utilized by bats.
- the project will involve minimal tree clearing (<0.01 acres of trees > 3” DBH).
- no artificial lighting or night work will occur, but several town lights illuminate the area.
- percussion activities will include the temporary use of mechanized pile drivers and drilling to
build the bridge supports. While not expected, there may be a need to use explosives if the
percussive activities are not efficient at excavating rock in the work area. If explosives are
needed, their use will be minimal due to the proximity of residential dwellings and businesses.

Swamp Pink: As mentioned for the bog turtle, wetland habitat is limited (only 0.02 acres) near the
project area, and will not be impacted by the project. A review of the NCNHP records, updated
July 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 nearby 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 and mainstem New River in Ashe County, but there are no known occurrences on Big
Horse Creek, or the receiving water (North Fork New River). Furthermore, field surveys were
conducted during the optimal survey window in 2020 and 2021, and no Virginia spiraea were
observed. The streambanks within the project area are not well suited for Virginia spiraea since
they are largely eroded or armored, and much of the area is covered with Japanese knotweed. A
review of the NCNHP records, updated July 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 nearby occurrences, a
biological conclusion of NO EFFECT has been rendered for this species.

Section 106 Information
This project was reviewed by NCDOT’s Human Environment Unit for potential effects to
archaeological resources. Following a 2017 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 an Assessment of Effects was requested due to the
proximity of the project area to the National Register Listed Lansing Historic District. The
assessment resulted in a determination of No Effect to the historic district and no environmental
commitments were required for the project. All five of the appropriate tribes were contacted in
early 2021, but only the Cherokee Nation and Catawba Tribes responded - no issues were raised.

Impacts to Waters of the United States
Big Horse Creek will be impacted by this project. The impacts include 197’ of new permanent
impacts as a result of new bank armoring in the form of rip rap. Also, a pipe will be replaced on a
UT of Big Horse Creek, and will involve 10’ of temporary impacts from dewatering to allow for
the new headwall construction and removal of the old headwall. No other impacts to
jurisdictional waters will occur as a result of this project.

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,
but due to the lack of trout in the project area, the NC Wildlife Resources Commission indicated
that a trout moratorium is not needed (email attached to PCN). 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