20240462 Ver 1_Polk County - B13 - USACE RGP 50 Cover Letter (3.25.24)_20240325

STATE
5
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
March 25, 2024
Ms. Crystal Amschler
U.S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Regional General Permit 50 Application
Replacement of Bridge No. 13 on SR 1128 (Howard Gap Road)
Over North Pacolet River, Polk County, N.C.
WBS Element Number: BP14.R042
Dear Ms. Amschler:
JOEY HOPKINS
SECRETARY
The North Carolina Department of Transportation (NCDOT) is proposing to replace the subject bridge.
The existing bridge is a two span (1 @ 20' W x 27' 8" L, 1 @ 20' W x 41' 6" L) timber deck on steel I -
Beam structure. The bridge is currently closed due to a structural failure from a storm event. The new
structure will be a multi -span pre -stressed concrete cored slab unit (1 @ 27' W x 30' L, 1 @ 27' W x 70'
L). Traffic will be detoured offsite during construction. The new bridge unit will be constructed within the
existing bridge footprint. Federal Highway Administration is the lead federal agency.
Please find enclosed copies of the pre -construction notification cover letter, preliminary jurisdiction
determination form, human environment assessments, T & E surveys, project maps, permit plans,
photographs and other relative project information.
USFWS Species
The USFWS iPAC, identifies 4 species within the project area in Polk County that are listed as
threatened, endangered, or proposed endangered. Northern Long -Eared Bat (Myotis septentrionalis,
NLEB), Tri-Colored Bat (Perimyotis subflavus), White Irisette (Sisyrinchium dichotomum) and Dwarf -
flowered Heartleaf (Hexastylis naniflora)
No Effect Species
White Irisette
White Irisette, endemic to the upper Piedmont of North and South Carolina, is generally found on the
southeast to southwest aspect of gentle to very steep, mid -elevation mountain slopes in thin -canopied,
dry-mesic, basic, Oak Hickory Forests that are mature, successional, or recently logged. Occurrences are
also found in open, disturbed sites such as clearings, woodland edges, roadside embankments, and power
line rights -of -way. Known populations occur at elevations between 1,312 and 3,280 feet above mean sea
level. The perennial herb prefers rich, basic soils, probably weathered from amphibolite, which are
intermittently saturated with rain but well drained. The species occurs in a variety of soils, including the
Ashe-Cleveland association; the Evard-Cowee complex; and Brevard, Cowee, Fannin, Greenlee, and
Hayesville series. It may grow on shallow soil sites where down slope runoff removed the usual deep
Mailing Address:
Telephone: [phone]
Location:
NC DEPARTMENT OF TRANSPORTATION
Fax: [phone]
NC DEPARTMENT OF TRANSPORTATION
DNISION 14
Website: www.ncdot.gov
DNISION 14
253 WESSTER ROAD
253 WESSTER ROAD
SYLVA NC 28779
SYLVA NC 28779

Polk County Bridge 13 Page 2 March 25, 2024
litter, humus, or mineral soil layers. Partial shade to direct sun is preferred, and some form of disturbance
(e.g., mowing, clearing, grazing, periodic fire) is necessary to maintain its relatively open habitat. The
project was surveyed on July 17tt', 2023, and there was no evidence of White Irisette within the bridge
project area. The North Carolina Heritage Program database indicates there are no records within 1.00
mile of the project area. NCDOT requests a "no effect" on this species.
Dwarf -Flowered Heartleaf
Dwarf -flowered Heartleaf is endemic to the western Piedmont and foothills of North and South Carolina.
This herbaceous evergreen is found in moist to rather dry forests along bluffs; boggy areas next to streams
and creek heads; and adjacent hillsides, slopes, and ravines. Requiring acidic, sandy loam soils, the
species is found in soil series such as Pacolet, Madison, and Musella, among others. Occurrences are
generally found on a north facing slope. Undisturbed natural communities such as Piedmont/Coastal Plain
Heath Bluff, Dry-Mesic Oak Hickory Forest, and Mesic Mixed Hardwood Forest hold the most viable
occurrences. However, less viable remnant occurrences are found in disturbed habitats, including logged,
grazed, mown, and residential/commercial developed lands; areas converted to pasture, orchards, and tree
plantations; roadside rights -of -way; and on upland slopes surrounding manmade ponds or lakes. The
project was surveyed on July 17tt', 2023, and there was no evidence of Dwarf -Flowered Heartleaf within
the bridge project area. The North Carolina Heritage Program database indicates there are no records
within 1.00 mile of the project area. NCDOT requests a "no effect" on this species.
May Affect Not Likely Adversely Affect
NLEB
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 approximately 6 trees (sycamore, poplar and locust)
and will not affect caves, however, there will be pile driving associated with guardrail installation and to
remove the existing bridge structures, but this work should be intermittent and infrequent and probably be
limited to a few hours a day in some weeks. NCDOT requests a "may affect, not likely to adversely
affect" determination. Please see the project -based avoidance and minimization measures:
1. No night work will be required to complete the proposed project.
2. No permanent lighting will be installed.
3. No blasting associated with project activities.
4. Winter Tree Clearing (October 16th — March 31st)
5. Survey bridge unit and any culverts greater than 3' diameter, within 14 days of construction.
Tri-Colored Bat
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

Polk County Bridge 13 Page 3 March 25, 2024
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 July 17tt', 2023. Bat presence or
usage was negative. NCDOT requests a "may affect, not likely to adversely affect" determination.
Section 106
The NCDOT Human Environment Unit reviewed the project in 2023/2024. A "no survey required"
determination was given for archaeology. An "effects required" determination was given for historic
architecture (Reports attached). An effects meeting was held on January 31', 2024. Based on the project
impacts, a "no adverse effect to historic resources" determination was given. Tribal coordination was
completed on August 23, 2023. There was only one tribal response. The Catawba Indian Nation
responded with "no immediate concerns" on September 25, 2023. (See attached letter)
NCDOT best management practices will be used to minimize and control sedimentation and erosion. The
construction foreman will review all erosion and sedimentation control measures daily to ensure erosion
and sedimentation are being effectively controlled. If the devices are not functioning as intended, they
will be replaced immediately with a better functioning device.
Impacts to Waters of the United States
North Pacolet River (DWQ Class: C; Tr.) is shown on USGS topographic maps as a perennial stream.
The channel is well defined and approximately 35 feet wide with a substrate of sand, gravel and cobble.
The project is located in the Broad River basin (Hydrologic Unit 030501051201). The North Pacolet
River meets the definition of a Traditional Navigable Water. For these reasons, we believe the North
Pacolet River is a Relative Permanent Water and is under jurisdiction of the U.S. Army Corps of
Engineers. As such, replacing the bridge with a multi -span concrete cored slab unit will result in impacts
to waters of the United States. The proposed impacts are listed in the table below and within the permit
plans dated 3.21.2024:
Net
Site No. Station
Existing Condition
Proposed Condition
Impacts
(linear feet)
Site 1
Channel Realignment
(12 + 95 - 13 + 65)
North Pacolet River
Rip -Rap Bank Stabilization
97'
Permanent
Site IA
North Pacolet River
Dewatering/Diversion
20'
(13 + 00 - 13 + 60)
(Temporary)
Total Temporary Impact for Impervious Dike and Flow Diversion 20'
Total Permanent Stream Impact for Bank Stabilization 97'
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the
construction project outlined above. By copying this letter, I am asking Mr. David McHenry, Western
DOT Review Coordinator of the North Carolina Wildlife Resource Commission (NCWRC) to comment
directly to you concerning the 404 Nationwide Permit request.
I am also requesting authorization under Section 401 of the Clean Water Act from the North Carolina
Department of Environmental Quality (DEQ), Division of Water Resources (DWR).

Polk County Bridge 13 Page 4 March 25, 2024
The U.S. Fish & Wildlife Service Informal Consultation request was submitted to Ms. Holland
Youngman, on March 7, 2024. NCDOT has not received the U.S. Fish & Wildlife Service informal
consultation yet.
Thank you for your assistance with this project. If you have any questions or need additional information,
please contact me at [e-mail] or (828) 508 - 7397.
Sincerely,
;Ddoz (e P, Ewe&"
Patrick J. Breedlove
NCDOT Division 14
Division PDEA Engineer