20210209 Ver 2_Haywood 237 GP Application Narrative and NRTR_20211102

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY

Division 14 Office
Telephone: [phone] 253 Webster Road, Sylva, North Carolina 28779 Fax: [phone]

September 10, 2021

Mrs. Crystal Amschler, Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714

Subject: RGP 50 Permit Application
17BP.14.R.177
Replacement of Bridge #430237 on SR 1129 (Little East Fork Road)
Haywood County, North Carolina

Dear Mrs. Amschler:

The North Carolina Department of Transportation (NCDOT) Division 14 needs to replace bridge
#430237 on SR 1129 (Little East Fork Road) over Sorrell Creek in Haywood County. This bridge is a
deteriorating and obsolete timber structure that will be replaced with a longer span concrete bridge. A
written GP50 verification is hereby requested for the proposed unavoidable impacts from the
replacement. This project is state funded.

Section 7
In accordance with recent direction from the U.S. Fish and Wildlife Service, the project was screened
using IPAC to determine the potentially affected listed species. According to the screening conducted on
September 8, 2021 the only federally listed species with the potential to be in or near the project area
include Appalachian elktoe (Alasmidonta raveneliana), rock gnome lichen (Gymnoderma
lineare), small whored pogonia (Isotria medeoloides), gray bat (Myotis grisescens), Indiana bat
(Myotis sodalist), and northern long-eared bat (Myotis septentrionalis, NLEB). The IPAC did
not identify old “county list” species that could not be in or near the project area due to specific
habitat requirements. Examples applicable here include spreading avens (Geum radiatum) and
spruce-fir moss spider (Microhexura montivaga) which were excluded because of a relatively low
elevation at this location.

Appalachian elktoe are found in some well-oxygenated, cool-water rivers with moderate to fast
flowing water and stable, mixed substrates of silt, sand, gravel, and/or cobble. This species is
present Haywood County in the Pigeon River upstream of the Town of Canton. However,
Sorrell Creek is too small and too cold to support mussels. Moreover, this project is limited to
only replacing a small bridge that is also several miles upstream of potentially occupied habitat in
the West Fork Pigeon River. Therefore, the project should have no effect on this mussel.

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Haywood County

Rock gnome lichen can be found on rock faces at relatively low elevations in deep river gorges.
A gorge or any rock faces with consistently humid conditions required by this plant are not
present at the bridge. Therefore, the project will have no effect on this species.

Small whorled pagonia usually occurs in open, dry, deciduous woods with acidic soil, though it
can sometimes be found on slopes along streams and mesic forest in association with white pine
and rhododendron. The habitats at the project site include maintained road right-of-way, mowed
residential lawns, and small forest patches. However, the forested areas have dense mid-story
and herbaceous vegetation and thereby lack dappled-light conditions on the ground, so this plant
could not be present and will not be affected.

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, cold 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.

There are no caves near the bridge. The bridge was surveyed for bats and evidence of bat
roosting on August 16, 2021 and none were evident. Absence of bats and signs of bat usage will
be confirmed prior to bridge demolition. Small timber bridges typically do not support bat
roosting due to their small size, cool conditions, and/or creosote treatment. Though bats and sign
of usage are absent on this bridge, there are records for gray bats roosting in two recently built
concrete bridges that are a short distance (<0.5 mile) downstream. Therefore, gray bats may
forage in the vicinity of the subject bridge.

This project will not require blasting, but it will require the removal of approximately 20 trees
(>3 inch diameter) and short-term (couple days) percussive activity (e,g. guardrail post driving).
The trees to be removed do not appear suitable for bat roosting because they lack peeling or loose
bark, but some have knot holes, mostly among some of the large poplar trees. North of the
bridge, tree removal will only be needed on the east side of the road, which is opposite from the
creek. South of the bridge, there should be removal of only 3-5 of the trees to allow room for
bridge construction and for a minor powerline alignment shift (single pole). There will be no
night work for construction and there will be no permanent lighting installed on the project.
There is no existing permanent lighting evident near the bridge. The roadway is also being
shifted away from the creek on both ends of the bridge, which will allow more trees and shrubs
to volunteer in a portion of the abandoned roadway alignment north of the bridge.

The project should not cause a tangible increase in the illumination of Sorrell Creek; it should
facilitate it decreasing north of the bridge where more trees can become established over time.
For this reason, reasons described previously, and with the inclusion of October 15 to April 1
“winter” tree clearing, we believe the project “may affect but not adversely affect” gray bat,
Indiana bat, and NLEB.

Section 106
The project is not expected to have effects on 106 resources. There was a “no survey required”
determination rendered for archaeology. Consultation with the federally recognized tribes has been

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Haywood County

initiated with comments requested by October 8, 2020. A determination of “no adverse effect” was
rendered for historic architecture provided a portion of the temporary construction easement is
revegetated and Oregon rail is used on the bridge. Also, there was a plan change which was subsequently
coordinated with the NC Historic Property Office. It was determined that the change, namely the
complete removal of the pond, did not alter the effects. The removal of the pond was deemed necessary
because the road work would compromise the dam and likely render it unsound. The supporting
correspondence with cultural resources staff concerning this change is included with this submittal.

Impacts to Waters of the United States
The project will impact Sorrell Creek (DEQ Class: WS-III, Tr.), a pond, and one unnamed tributary to
Sorrell Creek (the pond outflow created by a diversion in Sorrell Creek) and the Little East Fork Pigeon
River (DEQ Class: WS-III, Tr.). Sorrell Creek and the Little East Fork Pigeon have large watersheds and
support fish including wild trout. The UT is in poor condition (rated LOW in NCSAM) due to the pond
immediately upstream and periodic sedimentation during winter drawdowns of the pond. An NCSAM
sheet was prepared for this UT and is included with this submittal.

Sorrell Creek, pond, and the UT and the Little East Fork Pigeon River are believed to be Relatively
Permanent Waters that are under the jurisdiction of the U.S. Army Corps of Engineers. In order to
construct the project, it will be necessary to impact Waters of the United States in the Pigeon River Basin
(HUC 06010106020070). Specifically, NCDOT is requesting to perform fills for temporary dewatering,
rip rap bank protection, rock pads at pipe outlets, and permanent pond and stream filling in Sorrell Creek
and UT and the Little East Fork Pigeon River as specified in the following table.

Site No.

Existing
Condition
Proposed Condition Net
Impacts
Site 1 (SA) Sorrell Creek rip rap on banks under bridge #430237 60’*
Site 1 (SA) Sorrell Creek temporary fill/dewatering for demolition and
construction 130’
Site 2 (PA) pond fill 0.15 ac.
Site 3 (SB) UT Sorrell Creek fill 95’
Site 4 (SC) Little East Fork
Pigeon River rock pad at pipe outlet 5’

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Site 5 (SA) Sorrell Creek rock pad at pipe outlet 5’
*Note that plans do not show rip rap reaching the JS, however the RB stream edge will likely need
some rip rap due to the sharp angle of the stream to the crossing and the tendency for scour in the
outside bend here.

Total Permanent Stream Impact 165’
Total Temporary Stream Impact 130’

Compensatory mitigation has not been proposed because the permanent and temporary impacts are
minimal overall. There is a considerable amount of stream loss for the project, but this loss is to an
artificial channel that was created by a pond intake diversion in Sorrell Creek. We believe that its loss
should not necessitate mitigation because it is an artificial feature that is degraded with a low functional
value.

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 myself 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.

Cordially

Dave McHenry
Division 14 DEO

Enclosures

cc: Mrs. Marla Chambers, Western NCDOT Review Coordinator, NCWRC, Albemarle
Mr. Kevin Mitchell, Division of Water Resources – DEQ, Asheville