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HomeMy WebLinkAbout20171171 Ver 1_Percussive Information_20170912 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER JAMES H. TROGDON, III GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION Division 14 253 Webster Road Sylva, North Carolina 28779 Telephone: (828)586-2141 Fax: (828)586-4043 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: NC DEPARTMENT OF TRANSPORTATION Division 14 253 Webster Road Sylva, North Carolina 28779 September 12, 2017 Ms. Lori Beckwith, NCDOT Regulatory Project Manager U. S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide 3 Permit Application Replace Bridge No. 17 on SR 1309 (Crawford Road) over Wayah Creek Macon County TIP No. B-4775, F.A. No. BRZ-1309(8) State Project No. WBS 38546.1.1 (DWQ Minor Permit Fee $240.00) Dear Ms. Beckwith: Please accept this submittal of North Carolina Department of Transportation’s (NCDOT) proposal to replace timber bridge no. 17 over Wayah Creek in Macon County. The proposed structure will be a 45’L x 27’W cored slab bridge built in the same location. An off-site detour will be used to route traffic during construction. Included are a PCN application, marked plan sheets showing the impact sites, a USGS quad map, photographs, and other pertinent project information to assist in your consideration of this request. In Macon County, Carolina Northern Flying Squirrel (Glaucomys sabrinus coloratus), Spotfin Chub (Erimonax monachus), Appalachian Elktoe Mussel (Alasmidonta raveneliana), Littlewing Pearlymussel (Pegias fabula), Small Whorled Pogonia (Isotria medeoloides), Virginia Spiraea (Spiraea virginiana), Rock Gnome Lichen (Gymnoderma lineare), and Northern Long-eared Bat (Myotis septentrionalis, NLEB) are listed as either threatened or endangered and are known from current records. Gray Bat (Myotis grisescens) and Indiana Bat (Myotis sodalis) are listed species that are likely to occur in Macon County. Wayah Creek at the project site is too small for Appalachian Ektoe and Littlewing Pearly mussels. These species are only found in Macon County in the Little Tennessee River several miles downstream of the project area and Lake Emory, so this project will have no effect on these mussels. Likewise, spotfin chub are only found in the Little Tennessee River and a few of its tributaries several miles downstream of the project area and Lake Emory. Wayah Creek was Macon 17 Replacement Page 2 September 12, 2017 surveyed on August 5, 2009 for spotfin chub, but none were found, so this project will have no effect on this species. The project area was surveyed for Virginia Spiraea and Small Whorled Pagonia on June 16, 2009, but no specimens were found. Moreover, the construction will largely be restricted to the existing bridge and roadway, so there should be only limited impact on forested habitats where Small Whorled Pagonia could occur. Carolina Northern Flying Squirrel and Rock Gnome Lichen are found in spruce-fir forests and other isolated high elevation locations in western North Carolina. However, Rock Gnome Lichen is an exception because it can occasionally be found at lower elevations in deep river gorges on damp rock cliffs or boulders. The project area is much too low in elevation for these species, is not in a gorge, and there is no suitable damp rock habitat present. 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. This project should not require blasting, but it will require pile driving and the removal of approximately 18 trees and demolition of an old timber bridge. The bridge was surveyed for bats and evidence of bat roosting on August 2, 2017 and none were evident; absence of bats and signs of bat usage will be confirmed prior to demolition. Therefore, the project should have no effect on Gray Bats. The bridge is situated in a “red HUC” where known NLEB maternity roosts and/or hibernacula are a concern, but it is over a mile from records for NLEB. Therefore, the project is consistent with Section 4(d) rule, codified at 50 C.F.R. § 17.40(o) and effective February 16, 2016. To protect Indiana bats, the obstructing trees will be removed from October 15 to April 15 (winter clearing). With the enacted clearing restriction, a “may affect, not likely to adversely affect” determination for Indiana bat has been routinely the call. This project was reviewed by NCDOT’s Human Environment Unit in 2010 for potential affects to historical architecture and archaeology. Surveys were conducted and it was determined that historic properties were not present in the APE. Impacts to Waters of the United States Wayah Creek (DWQ Class: WS-III Tr) is shown on the USGS topographic map as a perennial stream. It has a 30-40’ wide channel with a gravel, sand, and cobble bed. Wayah Creek flows to Cartoogechaye Creek then on to the Little Tennessee River, which meets the definition of a Traditional Navigable Water (TNW). For these reasons, we believe Wayah Creek is Relatively Permanent Waters and 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 (CU 06010202). Listed below is a summary of the proposed impacts: Site No. Existing Condition Proposed Condition Net Impacts (feet) 1 Timber on steel beam bridge, concrete bridge footers, and streambanks 45’L x 27’W cored slab bridge and rip rap upstream, under, and downstream of bridge 96 Macon 17 Replacement Page 3 September 12, 2017 1A Wayah Creek and banks Temporary dikes and dewatering (partial channel) 125 2 Wayah Creek and Banks Rip rap embankment protection 16 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 authorization for the project under Section 401 of the Clean Water Act from Mr. Kevin Barnett with the North Carolina Department of Environment Quality (DEQ), Division of Water Resources (DWR). 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 9/12/2017