20211105 Ver 1_Jackson County - B203 - GP 50 Cover Letter (Final)_20210816

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]

August 16, 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. 203 on SR 1738 (Hooper Cemetery Road)
over Caney Fork Creek
Jackson County, North Carolina
TIP No. B-6035 (17BP.14.R.145)

Dear Ms. Amschler:

The North Carolina Department of Transportation (NCDOT) is proposing to replace a functionally
obsolete and deteriorating 17’ 10” W x 39’ 10” L timber deck on steel I-beam bridge on SR 1738 over
Caney Fork Creek in Jackson County. The new structure will be an 27’ W x 24” H x 70’ L cored slab
bridge unit. Traffic will be managed on-site utilizing staged construction. The new bridge structure will
be constructed slightly upstream of the existing bridge. The existing roadway will require minor rework
on either side of the bridge for the staged construction 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 2,165 feet), therefore, the proposed
project will have a “no effect’” on rock gnome lichen.

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

Bridge No. 203 – Jackson County Page 2 August 16, 2021

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.

Caney Fork Creek at the project site, flows approximately 2.26 miles into the Tuckasegee River which is
listed as critical habitat for the Appalachian Elktoe mussel below the Cullowhee Dam. 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 8 trees (sycamore, cherry & 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, 2020 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 cored slab bridge unit. 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 eligible or listed archaeological sites
were present and no historic properties were present. See attached forms.

Impacts to Waters of the United States

Caney Fork Creek (DWQ Class: WS III, 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 30
feet in width. The stream has sufficient flow to support fish and other aquatic life. From the bridge, the
creek flows approximately 2.26 miles downstream to the Tuckasegee River, which meets the definition of
a Traditional Navigable Water. For these reasons, we believe Caney Fork 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 Caney Fork Creek in the Little Tennessee River Basin (HUC
060102030105). Specifically, NCDOT is requesting to replace Bridge No. 203 with a cored slab bridge

Bridge No. 203 – Jackson County Page 3 August 16, 2021

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 Caney Fork Creek
Impervious dikes and flow
diversions, as needed.
(Temporary Impact)
96’
S2 Stream banks on
Caney Fork Creek
Rip-Rap Bank Stabilization
(Permanent Impact) 40’
S3 Stream banks on
Caney Fork Creek
Rip Rap Culvert Outlet Protection
(Permanent Impact) 7’

Compensatory Mitigation

There an no compensatory mitigation required for the project.

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