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HomeMy WebLinkAbout20171101 Ver 1_Percussive Information_20170901ROY COOPER GovFxrrox STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION August 31, 2017 Ms. Lori Beckwith, NCDOT Regulatory Project Manager U. S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 JAMES H. TROGDON, III SECRETARY Subject: Nationwide 3 Permit Application Replace Bridge No. 127 on SR 1541 (Williamson Creek Road) over Williamson Creek, Transylvania County WBS Element No. 17BP.14.R.123 Dear Ms. Beckwith: The North Carolina Deparhnent of Transportation (NCDOT) requests written verification to replace the timber bridge number 127 in Transylvania County with a 3-sided (bottomless) 22'W x 3'H x 54'L reinforced concrete culvert. The culvert will be phase constructed to convey traffic during construction. This project does not qualify for non-notification because of the combined amount of rip rap upstream and downstream of the culvert and the rip rap that should be needed in the culvert to stabilize the stream channel. As a bottomless structure, the natural stream bottom will remain under the structure and thereby maintain existing aquatic organism passage. Compensatory mitigation is not proposed for this bottomless structure. The U.S. Fish and Wildlife Service and North Carolina Natural Heritage Program databases were checked for records of threatened and endangered species in Transylvania County. The Carolina Narthern Flying Squirrel (Glaucomys sabrinus coloratus), Appalachian Elktoe (Alasmidonta raveneliana), Mountain Sweet Pitcher Plant (Sarracenia rubra ssp. jonesii), Small Whorled Pogonia (Isotria medeoloides), Spreading Avens (Geum radiatum), Swamp Pink (Helonias bullata), Virginia Spiraea (Spiraea virginiana), Rock Gnome Lichen (Gymnoderma lineare), Northern Long-eared Bat (Myotis septentrionalis, NLEB), and Gray Bat (Myotis grisescens) are listed as either threatened or endangered and are known from current records or anticipated to occur in the county. Williamson Creek is too small and cold to support Appalachian Elktoe mussels. This mussel is known to occur in the French Broad River downstream of the bridge. However, the bridge is over 0.5 mile upstream and the bridge replacement work should therefore not affect the river. Mai[ingAddress: Telephone: (828)586-2141 Location: NC DEPARTMENT OF TRANSPORTATION Fax: (828)586-4043 NC DEPARTMENT OF TRANSPORTATION Division 14 CustomerService: 1-877-368-4968 Division 14 253 Webster Road 253 Webster Road Sylva, North Carolina 28779 Website: www.ncdot.eov Sylva, North Carolina 28779 Bridge 127, Transylvania County Page 2 August 31, 2017 Virginia Spiraea occurs along some rocky, flood-scoured riverbanks in gorges. Gravel and rock bar habitat for this plant is not present. Swamp Pink and Mountain Sweet Pitcher Plant are found in some wetlands in the region, but there are no wetlands in the project area. Carolina Northern Flying Squirrel, Rock Gnome Lichen, and Spreading Avens are found in isolated high-elevation habits, though Rock Gnome Lichen can occur at lower elevations within deep river gorges. The project area is much too low in elevation and lacks vertical rock substrate required by Rock Gnome Lichen. Small Whorled Pogonia usually occurs in open, dry, deciduous woods, often second growth, though it can occur in more varied habitats provided there is ample sunlight reaching the forest floor. The project site is bordered by forest, but it appears unsuitable for Small Whorled Pagonia due to a thick mid-story cover of rhododendron. The construction work should also only impact a limited amount of forested area near to the road. Gray bats usually roost in caves or in/on structures year-round while NLEB only winter in caves or mines. During warm seasons 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 the removal of approximately 12 trees, possibly some short-term (periodically over 1-2 weeks) jack-hammering far footer construction, and demolition of an old timber bridge. There was no evidence of bats or roosting on the bridge during the field scoping; absence of bats will be confirmed prior to demolition. The bridge is not situated in a"red HUC" where known NLEB maternity roosts and/or hibernacula are a concern and it is several miles from the nearest "red HUC". Therefore, the project is consistent with Section 4(d) rule, codified at 50 C.F.R. § 17.40(0) and effective February 16, 2016. This project is limited in scope and habitat for listed species appears absent or far enough from the bridge to not be affected. For these reasons and those discussed above, we recommend a"no effect" determination for threatened and endangered species. This project was reviewed by NCDOT's Human Environment Unit in 2013 for potential affects to histarical architecture and archaeology. It was determined that no survey was required for either histarical architecture or archaeology. Impacts to Waters of the United States Williamson Creek (DWR Class: C Tr HQW) is shown on the USGS topographic map as a perennial stream. The channel is approximately 15 feet in width with a substrate primarily composed of cobble, gravel and sand/silt. Williamson Creek flows approximately 0.6 mile to the French Broad River which meets the de�nition of a Traditional Navigable Water. For these reasons, we believe Williamson 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 French Broad River Basin (HUC 06010105). The impacts for the replacement of Transylvania Bridge No. 127 are listed in the table below. Bridge 127, Transylvania County Page 3 August 31, 2017 Site No. E�sting Condition Proposed Condition Net Impact Streambanks and Rip rap banks upstream, Site 1 Timber Bridge under, and downstream of 125' new bottomless culvert Free Flowing Stream Temporary Impervious Dikes , Site lA and Streambanks and Flow Diversion 150 Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. We request that Ms. Marla Chambers, Western NCDOT Review Coordinator, with the North Carolina Wildlife Resources Commission (NCWRC) comment directly to you concerning the 404 Nationwide Permit action. I also request from Mr. Kevin Barnett with the North Carolina Deparhnent of Environment Quality (DEQ), Division of Water Resources (DWR) authorization for the project under Section 401 of the Clean Water Act. Please contact me at (828) 586-2141 or Mr. Josh Deyton, PE, at (828) 488-2131 if you have any questions about the application or project or need additional information. I greatly appreciate your prompt attention to these requests. Sincerely, Dave McHenry Division 14 Environmental Program Supervisor Enclosures cc: Amy Chapman, Division of Water Resources — DEQ, Raleigh Kristi Carpenter, Division of Water Resources — DEQ, Raleigh Kevin Barnett, Division of Water Resources — DEQ, Asheville Marella Buncick, Biologist, US Fish and Wildlife Service, Asheville Marla Chambers, Western NCDOT Review Coordinator, NCWRC Joshua B. Deyton, PE, Division 14 Bridge Management Engineer, NCDOT Reid Whitehead, Roadside Environmental Field Operations Engineer, NCDOT