HomeMy WebLinkAbout20211104 Ver 1_Jackson County - B144 - GP 50 Cover Letter (Final)_20210813
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER ERIC BOYETTE
GOVERNOR SECRETARY
Division 14 Office
Telephone: (828) 631-1145 253 Webster Road, Sylva, North Carolina 28779 Fax: (828) 586-4043
August 13, 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. 144 on SR 1397 (Thomas Valley Road)
over Nations Creek
Jackson County, North Carolina
TIP No. B-6032
Dear Ms. Amschler:
The North Carolina Department of Transportation (NCDOT) is proposing to replace a functionally
obsolete and deteriorating 20.5’ L x 20’ W timber deck on steel I-beam bridge on SR 1397 over Nations
Creek in Jackson County. The new structure will be an 11’ W x 5’ H x 55’ L double barrel reinforced
concrete box culvert with two foot sills on the high flow barrel and one foot sills on the low flow barrel.
The concrete box culvert will be on a 47 degree roadway skew and a 1.41% stream slope. Traffic will be
managed off-site during construction, which will allow the new box culvert to be constructed within the
existing bridge footprint. 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 federally funded by the Federal Highway Administration.
Project construction start date is February 22, 2022.
Section 7
The U.S. Fish and Wildlife Service I Pac, identifies seven federally listed species for Jackson County that
are known from current records. These are: Gray bat (Myotis grisescens), Indiana Bat (Myotis sodalis),
Northern long-eared bat (NLEB, Myotis septentrionalis), Appalachian Elktoe (Alasmidonta raveneliana),
Small Whored Pogonia (Isotria medeoloides), Swamp Pink (Helonias bullata) and Rock gnome lichen
(Gymnoderma lineare) are known from current records (or suspected to occur) and are federally-listed as
either threatened or endangered.
Rock gnome lichen may occasionally be found at low elevations in deep river gorges with high humidity
or on some vertical rock faces that are periodically wet. The project area is much too low in elevation for
this species and there are no damp rock faces nearby (site elevation 1,865 feet), therefore, the proposed
project will have a “no effect’” on rock gnome lichen.
Bridge No. 144 – Jackson County Page 2 August 13, 2021
Small whorled pagonia can be found in open, dry, deciduous woods with acidic soil, though they are
sometimes near streams and in mesic forest in association with white pine and rhododendron. Swamp
Pink can be found in wetlands with the water table at or near the surface and water levels changing
slightly throughout the year, such as small streamlets, wetlands at the beginning of streams and spring
seepage areas. There are no suitable small whorled pagonia habitat located within the project limits and
there are no wetlands within the project limits. Vascular plants surveys were completed on the project
area during survey windows in 2019, 2020 and 2021 and were negative for small whorled pogonia and
swamp pink, therefore, the proposed project will have a “no effect” on swamp pink and small whorled
pogonia.
Nations Creek at the project site, flows approximately 0.13 miles into the Tuckasegee River which is
listed as critical habitat for the Appalachian Elktoe mussel. Ms. Janet Mizzi, Field Supervisor with U.S.
Fish & Wildlife Service suggested that NCDOT proceed with permit application utilizing a “may affect,
not likely to adversely affect” determination by consultation concurrence letter (16-219) on June 28,
2019. NCDOT will be utilizing Sensitive Watershed Standards for erosion and sediment control devices
on the project. Disturbed streambanks within project area will be seeded and stabilized immediately
following disturbance with coir fiber matting. For these reasons listed above, the proposed project will
have a “may affect, not likely to adversely affect” on Appalachian Elktoe Mussel.
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 6 trees (sycamore & poplar) and demolition of an
old wooden deck bridge. To protect Indiana bats, the obstructing trees will be removed from October 15
to April 1 (winter clearing). With the adherence to the winter tree clearing moratorium a “may affect, not
likely to adversely affect” determination for Indiana bats is suggested for the proposed project. The bridge
was surveyed for bats and evidence of bat usage in 2019 and 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. There will be no night work to complete project and no new permanent lighting will be
installed. Therefore, the project will have a “may affect, not likely to adversely affect” on gray bats. The
bridge is not situated in a “red HUC” where known NLEB maternity roosts and/or hibernacula are a
concern and the project will comply with the 4(d) Final Rule for NLEB because there are no NLEB
records within 1.00 miles of the bridge, therefore, the proposed project will have “no effect” on NLEB
bats.
The project is limited to the replacement of an existing bridge with a double barrel concrete box culvert.
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, Gray bats and Appalachian Elktoe.
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 archaeological
resources and no historic properties were present. See attached forms.
Impacts to Waters of the United States
Nations Creek (DWQ Class: C) 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 10 feet in width.
The stream has sufficient flow to support fish and other aquatic life. From the bridge, the creek flows
approximately 0.13 miles downstream to the Tuckasegee River, which meets the definition of a
Traditional Navigable Water. For these reasons, we believe Nations Creek is a Relatively Permanent
Bridge No. 144 – Jackson County Page 3 August 13, 2021
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 Nations Creek in the Little Tennessee River Basin (HUC
060102030304). Specifically, NCDOT is requesting to replace Bridge No. 144 with a double barrel
concrete box culvert unit. Project impacts are depicted on the project permit plan set. Listed below is a
summary of those impacts.
Site No.
Station
Existing Condition Proposed Condition Net
Impacts
S1 Nations Creek
Impervious dikes and flow
diversions, as needed.
(Temporary Impact)
150’
S2 Nations Creek Double Barrel Box Culvert
(Permanent Impact) 55’
S3 Stream banks on
Nations Creek
Rip Rap Inlet Protection
(Permanent Impact) 40’
S4 Stream banks on
Nations Creek
Rip Rap Outlet Protection
(Permanent Impact) 50’
Compensatory Mitigation
Compensatory mitigation has been proposed for the 55 linear feet of stream channel loss due to the
culvert installation.
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 (828) 631-1145 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