20181268 Ver 2_Macon County - B9 - NWP 3 Cover Letter (Renewal 2023)_20230719

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER ERIC J.BOYETTE
GOVERNOR SECRETARY
July 19, 2023
Ms. Crystal Amschler - Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 3 Permit—Renewal (SAW-2019-00266)
N.C. Division of Water Resources (20181268)
Replace Bridge No. 9 on SR 1001 (Ellijay Road) over N. Prong Ellijay Creek
Macon County, North Carolina
WBS Element No. 48224.1.1
TIP: B-6029
FA Project Number: BRZ-1001 (090)
Dear Ms. Amschler:
The North Carolina Department of Transportation(NCDOT) is proposing to replace the subject
bridge. The purpose of the project is to replace the functionally obsolete 41' L x 20'W single
span timber bridge on steel I-beams. The new structure will be a 70' L x 33' W pre-stressed
concrete cored slab bridge unit on a 60 degree skew. Traffic will be detoured onsite using staged
structure construction and the new permanent bridge will be constructed in the existing bridge
location. The project will also include some minor approach work on the existing roadway. The
project is federally funded by the Federal Highway Administration and is expected to let for
construction on November 24th, 2023. The N.C. Wildlife Resource Commision has requested a
short trout moratorium (January I st—April 15th). The project Nationwide 3 permit expired March
18th, 2022 and is in need of renewal, prior to the let date.
I am enclosing a PCN renewal application,jurisdictional determination form, SHPO forms, plan
sheets showing the proposed work, a marked vicinity map, a USGS quad map, site photographs
as well as the expired permits.
The U.S. Fish and Wildlife Service iPac lists 9 species for Macon County that have federal status
and that are known from either current or historical records. Spotfin chub (Erimonax monachus),
Small Whorled Pogonia (Isotria medeoloides), Mountain Sweet Pitcher Plant(Sarracenia rubra
ssp.jonesii), Swamp Pink(Helonias bullata), Rock Gnome Lichen (Gymnoderma lineare), Gray
bat (Myotis grisescens), Indiana Bat (Myotis sodalist),Northern Long-Eared Bat (Myotis
septentrionalis, NLEB) and the Tri-Colored Bat (Perimyotis subflavus) are listed as either
threatened, endangered or proposed endangered.
- Division 14 Office un
e hone: [phone] 253 Webster Road, Sylva,North Carolina 28779 Fax: [phone]

Bridge No. 9—Macon County Page 2 July 19, 2023
The Little Tennessee River approximately 13.91 miles downstream of the bridge is a Natural
Heritage Area that supports several federally listed aquatic species including the Spotfin Chub.
The project is limited in scope to replace the existing bridge with a cored slab bridge unit in a
temporarily dewatered stream channel (North Prong Ellijay Creek). Therefore, adverse effects
on aquatic habitat should be minor and temporary and only occur a short distance downstream.
Riparian habitat at the project site is disturbed by mowed yards, residential driveways and
agricultural fields. There are no wetlands nor mountain bogs present on site.
Small whorled pagonia typically occurs in open, dry, deciduous woods with acidic soil, though
habitats can include slopes along streams and mesic forest in association with white pine and
rhododendron. Field surveys were completed on June 29, 2018, spring 2022 and May 16, 2023,
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 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 approximately 2,300 feet and the site is situated in an open valley. Also, there
are no damp rock faces near the site. Field surveys were completed on June 29, 2018, spring
2022 and May 16, 2023, and were negative.
Gray bats usually roost in caves or in/on structures year-round while Indiana bats and NLEB
only winter in caves. 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 will require tree removal and
will not affect caves. The project area is not situated in a region (i.e. "red HUC") where there are
known NLEB maternity roosts and/or hibernacula and the nearest records are over 1 mile away.
The construction work will require the removal of approximately 12 trees (oak, maple, poplar).
There will likely be percussive activities with the project (hoe-ramming and/or jack hammering)
to remove existing bridge and for the installation of guardrail, but this work should be
intermittent and infrequent and probably be limited to a few hours a day in some weeks. There
are no areas where bedrock blasting is anticipated. A few days of night work will be needed to
set the bridge structure in place to avoid impacts to traffic.
To protect Indiana bats, obstructing trees will be removed between October 16th and March 31 at
(winter clearing) of any year. This tree clearing restriction will protect other potentially roosting
bats in the area from direct disturbance as well. Based on this and the preceding information, the
project should be compliant with the Final Section 4(d) rule for NLEB, codified at 50 C.F.R. §
17.40(o) and effective February 16, 2016.
On September 14, 2022, the U.S. Fish and Wildlife Service announced a proposal to list the
Tricolored Bat (Perimyotis subflavus—PESU) as endangered under the Endangered Species Act.
USFWS has not provided the official effective listing date, however, it is expected during the
second half of 2023. The following is the USFWS habitat description for the Tricolored Bat.
During the spring, summer and fall - collectively referred to as the non-hibernating seasons,
tricolored bats primarily roost among live and dead leaf clusters of live or recently dead

Bridge No. 9—Macon County Page 3 July 19, 2023
deciduous hardwood trees. In the southern and northern portions of the range, tricolored bats will
also roost in Spanish Moss (Tillandsia usneoides) and Boney Beard Lichen (Usnea trichodea),
respectively. In addition, tricolored bats have been observed roosting during summer among pine
needles, eastern red cedar (Juniperus virginiana),within artificial roosts like barns, beneath
porch roofs, bridges, concrete bunkers, and rarely within caves. Female tricolored bats exhibit
high site fidelity, returning year after year to the same summer roosting locations. Female
tricolored bats form maternity colonies and switch roost trees regularly. Males roost
singly. During the winter, tricolored bats hibernate - which means that they reduce their
metabolic rates, body temperatures and heart rate - in caves and mines; although, in the southern
United States, where caves are sparse, tricolored bats often hibernate in road-associated culverts,
as well as sometimes in tree cavities and abandoned water wells. Tricolored bats exhibit high site
fidelity with many individuals returning year after year to the same hibernaculum. Bridge
structure was inspected in 2018, 2022 and 2023 and were negative for bat presence/usage.
With the inclusion of the following project commitments: winter clearing moratorium(October
16th—March 31'% no permanent lighting within action area, the inspection of the bridge
structure 14 days prior to construction and erosion control measures designed for Sensitive
Watersheds; the NCDOT recommends a "may affect, not likely to adversely affect"for Indiana
Bat, NLEB, Tricolored Bats and a "may affect, not likely to adversely affect"for Spotfin Chub,
due to the distance of project from occupied habitat and"no effect"determination for Mountain
Sweet Pitcher Plant, Small Whorled Pogonia, Swamp Pink, Rock Gnome Lichen and Gray Bat,
due to lack or absence of habitat and the negative field surveys.
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
historical architecture, but a survey was conducted for archeological resources with a
determination of no national register or eligible resources affected(see attached forms).
NCDOT best management practices will be used to minimize and control erosion and
sedimentation on this project. The construction foreman will review all erosion control measures
daily to ensure erosion and sedimentation are being controlled effectively. If the devices are not
functioning as intended, they will be replaced immediately with better devices.
Impacts to Waters of the United States
North Prong Ellijay 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 feet in width. The stream has sufficient flow to support fish and other aquatic
life. North Prong Ellijay Creek flows approximately 13.91 miles to the Little Tennessee River,
which meets the definition of a Traditional Navigable Water. For these reasons, we believe that
North Prong Ellijay 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
waters of the United States in the Little Tennessee River Basin (HUC 060102020202).
Specifically,NCDOT is requesting to replace Bridge No. 9 with a cored slab bridge structure.
Listed below is a summary of the proposed impacts. Project impacts are also detailed within the
permit design plans:

Bridge No. 9—Macon County Page 4 July 19, 2023
Site No. Existing Condition Proposed Condition Net
Station Impacts
Impervious dikes and flow
Site 1 North Prong Ellijay Creek diversions to remove old 200'
abutments and place culvert
Site 2 North Prong Ellijay Creek Rip-Rap for Bank Stabilization 140'
Streambanks
Total Permanent Stream Impact for Benches and Streambank Stabilization 140'
Total Temporary Impact for Detour and Impervious Dikes and Diversions 200'
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mr. David
McHenry, Western NCDOT Review Coordinator of the North Carolina Wildlife Resources
Commission (NCWRC), to comment directly to you concerning the 404 Nationwide Permit
request. This application has been sent to the North Carolina Department of Environmental
Quality (DEQ), Division of Water Resources (DWR) for a written certification renewal.
Please contact me at (828) 508 - 7397 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,
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Patrick J. Breedlove
Division 14—PDEA Engineer
Enclosures
cc: Ms. Holland Youngman, Biologist, US Fish&Wildlife Service, Asheville
Mr. David McHenry, Western NCDOT Review Coordinator,NCWRC,
Mr. Kevin Mitchell, Division of Water Resources—DEQ, Asheville