20181317 Ver 2_Macon County - B244 - NWP 14 Cover Letter (Renewal 2023)_20230804

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
August 4, 2023
Ms. Crystal Amschler - Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application - Renewal
ERIC J. BOYETTE
SECRETARY
Replace Bridge No. 244 on SR 1114 (Shope Road)
SAW-2019-00828 & NCDWR Project No. 20181317
Over North Fork Coweeta Creek - Macon County, North Carolina
WBS Element No. 48220.1.1
TIP: B-6025
FA Project Number: BRZ-1114 (009)
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 25' 6" L x 20' W single
span timber floor on steel I -Beam bridge. The new structure will be a 67' 6" L x 25' 3" W x 7'
9" H aluminum box culvert on a 60 degree skew and 0.70 % slope. Culvert sills (12' W x 1' H)
will be installed on the inlet and outlet of culvert to help retain stream bedload material and to
facilitate fish passage. Traffic will be detoured onsite utilizing a triple pipe crossing structure
downstream of existing bridge. The new permanent culvert will be constructed in the existing
bridge location. The project will also include some minor approach work on the existing
roadway. The initial NWP 14 (SAW-2019-00828) expired on March 18, 2022 and is in need of
renewal. The project is expected to let for construction on January 12t', 2024. There have been
no changes in project design or project impacts. The project is funded by the Federal Highway
Administration (FHWA).
I am enclosing the PCN renewal application, compensatory mitigation acceptance letter, pre -
jurisdictional determination form, SHPO forms, plan sheets showing the proposed work, a
marked vicinity map, a USGS quad map and photographs.
The USFWS iPAC, identifies 9 species that could potentially occur within the project area in
Macon County that are listed as threatened, endangered, or proposed endangered. Gray Bat
(Myotis grisescens), Indiana Bat (Myotis sodalist), Northern Long -Eared Bat (Myotis
septentrionalis, NLEB), Tri-Colored Bat (Perimyotis subflavus), Spotfin Chub (Erimonax
monachus), Rock Gnome Lichen (Gymnoderma lineare), Mountain Sweet Picher Plant
Division 14 Office
Telephone: [phone] Webster Road, Sylva, North Carolina 28779 Fax: [phone]

Bridge No. 244 — Macon County Page 2 August 4, 2023
(Sarracenia rubra ssp. Jonesii), Swamp Pink (Helonias bullata) and Small Whorled Pogonia
(Isotria medeoloides).
The Little Tennessee River is located approximately 3.62 miles downstream of the bridge project
and is a Natural Heritage Area that supports several federally listed aquatic species. Spotfin chub
have not been found in the North Fork Coweeta Creek Watershed. The project is limited in scope
to replacing a bridge with a box culvert in a temporarily dewatered stream channel. Therefore,
adverse effects on aquatic habitat should be minor and temporary and only occur a short distance
downstream. Riparian habitats at the project site are disturbed by mowed yards, residential
driveways and agricultural fields. NCDOT will utilize erosion and sediment control measures for
sensitive watersheds. NCDOT requests a "no effect" determination, based on the minimization
measures.
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 2,199 feet and the site is situated in an open valley. Also, there
are no damp rock faces in the project area. Project area was surveyed on June 20, 2018, spring
2022 and May 16th, 2023, and survey results were negative. Based on survey results and lack of
suitable habitat, NCDOT requests a "no effect" determination.
Mountain Sweet Pitcher Plant is a carnivorous perennial herb, tall hollow stem with pitcher -
shaped leaves and red sweet-smelling flowers. Habitat includes mountain bogs, known from a
handful of counties in upstate South Carolina and southwest North Carolina. There are no
mountain bogs within the project limits and the wetlands within the project limits were surveyed
on June 20, 2018, spring 2022 and May 16, 2023, and survey results were negative. Based on
survey results and lack of suitable habitat, NCDOT requests a "no effect" determination.
Swamp Pink is an evergreen, hollow -flowered stem plant that has lanced -shaped leaves and
grows 1-3 feet tall, topped by a pink flower cluster. Swamp Pink is found in wetlands with the
water table at or near the surface and the water levels changing slightly throughout the year, such
as small streamlets, wetlands at the beginning of streams and spring seepage areas. The wetlands
within the project limits were surveyed on June 20, 2018, spring 2022 and May 16, 2023, and
survey results were negative. Based on survey results and lack of suitable habitat, NCDOT
requests a "no effect" determination.
Small whorled pagonia typically occurs in open, dry, deciduous woods with acid soil, though
habitats can include slopes along streams and mesic forest in association with white pine and
rhododendron. Habitat is lacking in the projects direct footprint and plants were not seen in
forested areas further from the anticipated bridge construction area during a survey on June 20,
2018, spring 2022 and May 16, 2023. Based on survey results and lack of suitable habitat,
NCDOT requests a "no effect" determination.
During warm seasons, the Northern Long Eared Bat 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 the removal of 12 trees and will not

Bridge No. 244 — Macon County Page 3 August 4, 2023
affect caves, however, there will be pile driving associated with guardrail installation and a few
evenings of night work are anticipated. The range -wide determination key in the USFWS iPAC
was completed and a "may affect, not likely to adversely affect", determination was given.
Please see the project -based avoidance and minimization measures:
1. No permanent lighting
2. Temporary lighting for night work will be minimized to the extent practicable and temporary
lighting will be directed at construction activities.
3. No blasting associated with project activities.
4. Winter Tree Clearing (October 16th — March 31 st)
5. Survey bridge structure and any culverts greater than 3' diameter, in project footprint, within
14 days of construction.
To protect Indiana bats, obstructing trees will be removed between October 16th and March 31 st
(winter clearing) of any year. This tree clearing restriction will protect other potential roosting
bats in the area from direct disturbance as well. The bridge structure was inspected for bat
presence on June 20, 2018, spring 2022 and May 16, 2023. Bat presence and usage was negative.
The range -wide determination key in the USFWS iPAC was completed and a "may affect, not
likely to adversely affect", determination was given.
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
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. The bridge structure
was inspected for bat presence on June 20, 2018, spring 2022 and May 16, 2023. Bat presence
and usage was negative. NCDOT requests a "may affect, not likely to adversely affect"
determination.
With the inclusion of the following project commitments: winter clearing moratorium (October
16t' — March 31"), no permanent lighting within action area, no blasting associated with project
activities, the inspection of the bridge structure and any culverts greater than 3' diameter, in
project footprint, 14 days prior to construction and erosion control measures designed for
Sensitive Watersheds; the NCDOT recommends a "may affect, not likely to adversely affect"

Bridge No. 244 — Macon County Page 4 August 4, 2023
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 and 2018 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 Fork Coweeta Creek (DWQ Class: B) 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 10-12 feet in width. The stream has sufficient flow to support fish and other
aquatic life. North Fork Coweeta Creek flows approximately 3.62 miles to the Little Tennessee
River, which meets the definition of a Traditional Navigable Water. For these reasons, we
believe North Fork Coweeta 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 060102020103).
Specifically, NCDOT is requesting to replace Bridge No. 244 with an aluminum box culvert.
Detailed impacts are shown within attached documents on page 1 of 4 (Final Structure Plans) &
page 22 or 50 (Final Plans). Listed below is a summary of the proposed impacts:
Site No.
Existing Condition
Proposed Condition
Net
Station
Impacts
North Fork Coweeta Creek
25'3" W x 67' 6"L x 7' 9" H
Site 1
Bridge 244
Aluminum Box Culvert
68'
(Permanent)
Stream banks along
Sloped stream banks and
Site 2
North Fork Coweeta Creek
constructed riprap banks/benches
25'
at culvert inlet
Permanent
Stream banks along
Sloped stream banks and
Site 3
North Fork Coweeta Creek
constructed riprap banks/benches
20'
at culvert outlet
Permanent
Impervious dikes and flow
Site 4
North Fork Coweeta Creek
diversions to remove old
150'
abutments and place culvert
(Temporary)

Bridge No. 244 — Macon County Page 5
August 4, 2023
Site 5
North Fork Coweeta Creek
Triple 30" Pipes For Detour
55,
(Temporary)
Bottom Hardwood Forest
Land Clearing For Detour
0.02
Site 6
Wetland
Construction
Acres
(Temporary)
Site 7
Bottom Hardwood Forest
Compacted Fill For Detour
0.03
Wetland
(Temporary)
Acres
Total Permanent Stream Impact for Concrete Box Culvert
68'
Total Permanent Stream Impact for Benches and Streambank Stabilization
45'
Total Temporary Impacts for Detour Roadway Culvert
55'
Total Temporary Impacts for Detour and Impervious Dikes and Diversions
150'
Total Temporary Wetland Impacts for Detour Construction
0.05 Acres
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 and I 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.
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,
;Ddoz (e P, Ewe&"
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