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Home My WebLink About20171357 Ver 1_SR 1416 NWP 3 cover letter_20171024STATE OF NORTH CAROLINA DEPARTIV�NT OF TRANSPORTATION ROY COOPER GOVERNOR October 23, 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 two deteriorated culverts under SR 1416 (Shoal Creek Road) in UT Tuckasegee River and UT Crooked Creek Jackson County State Project No. 14.204911 Dear Ms. Beckwith: The North Carolina Department of Transportation (NCDOT) needs to replace two corrugated metal culverts (cmps) in a UT to the Tuckasegee River and a UT to Crooked Creek under SR 1416 with similar diameter and the same length or extended pipes. The work is being scheduled in advance of repaving due to the poor condition of the culverts. The road lanes and shoulders are not being widened. Where possible, culverts will be embedded partly below the natural stream grade to promote bedload retention and aquatic life passage, though the streams are not large enough to support fish (none seen on site visit). The culvert at site 3 is currently perched. The road will be closed briefly and an off-site detour will be used during the pipe replacements. Work will occur within existing right of way. We request verification of the permit since the project does not qualify for non-notiiication (river corridor). Enclosed are a PCN application, a USGS quad map, photographs, and other pertinent project information to assist in your review. In Jackson County, Carolina northern flying squirrel (Glaucomys sabrinus coloratus), gray bat (Myotis grisescens), Indiana bat (Myotis sodalis), Appalachian elktoe (Alasmidonta raveneliana), spruce-fir moss spider (Microhexura montivaga), swamp pink (Helonias bullata), small whorled pogonia (Isotria medeoloides), rock gnome lichen (Gymnoderma lineare), and northern long- eared bat (Myotis septentrionalis, NLEB) are known from current records (or suspected to occur) and are federally-listed as either threatened or endangered. 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.Qov Location: NC DEPARTMENT OF TRANSPORTATION Division 14 253 Webster Road Sylva, North Carolina 28779 SR 1416 Culvert Maintenance Page 2 October 23, 2017 The streams at the project sites are too small for Appalachian elktoe mussels, but these mussels are found downstream in the Tuckasegee River. Site 1 is the closest to the river at about 0.5 mile upstream. Strict attention will be given to using effective temporary dewatering during old culvert extraction and new culvert bedding and placement, which typically only takes a few hours. Disturbed streambanks adjacent to the new culverts will be seeded and stabilized immediately following culvert installation with anchared coir matting. The work will also be avoided when rain is forecast. With these measure, and due to the extremely small sizes of the streams at the culvert sites, we believe the project should have "no effect" on Appalachian elktoe mussels. The work will occur in existing right of way and not require tree removal, blasting, or percussive activities. The project area is not in a"red HUC" for NLEB. And, the culverts are much too small to be used for bat roosts. Therefore, this project should have "no effect" on gray bats, Indiana bats, or NLEB. There are no wetlands near the culverts, so swamp pink will not be affected. Similarly, all areas to be disturbed are non-farested road shoulders, so small whorled pagonia habitat is absent. And, these plants were not observed during my visit to the project area. The Carolina northern flying squirrel, rock gnome lichen, and spruce-fir moss spider 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 with high humidity or on some vertical rock faces that are periodically wet. The project area is much too low in elevation for these species and there are no damp rock faces nearby. Stringent erosion and sedimentation control measures will be used to minimize adverse effects of the work on aquatic habitats due to occupied habitat for Appalachian elktoe mussels downstream. Habitats for other listed species appear lacking at the project sites and none of the species known from Jackson County were observed during the field visit. Work of this scope falls under NCDOT's programmatic agreement with the State Historic Preservation Office (see attached form). The work should not have any effect on cultural resources since it only involves replacing existing corrugated metal pipes with similar structures within existing disturbed right of way. Impacts to Waters of the United States The UTs to Tuckasegee River (DWQ Class: B) and Crooked Creek (DWQ Class: C) to be impacted are not shown on the USGS topographic map as perennial streams. However, the streams at the sites have well-defined channels approximately 1 foot in width with substrates of sand, gravel, and silt. Crooked Creek joins the Tuckasegee River downstream of culvert site 3. The Tuckasegee River meets the definition of a Traditional Navigable Water (TNW). For these reasons, we believe the tributaries are 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 06010203). Listed below is a st�minary of the proposed impacts: SR 1416 Culvert Maintenance Page 3 October 23, 2017 Existing Condition Proposed Condition Net Impacts Site No. (feet) 1 18" x 30'corrugated metal 24"x40'cmp 0 culvert (cmp) Impervious Dikes and Temporary lA UT Tuckasegee River Flow Diversion Fill 20 3 24"x40' cmp 24"x40' cmp 0 Impervious Dikes and Temporary 3A UT Tuckasegee River Flow Diversion Fill 20 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 Mrs. Marla Chambers, 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) as a courtesy. Please contact me at (828) 586-2141 if you have any questions about this application or need additional information. Your prompt review and consideration of this request will be greatly appreciated. � �$�1� by: ��JA �� 10/24/2017 �i� 8B673FBE42E5415... Dave McHenry Division 14 Environmental Officer Enclosures cc: Ms. Marella Buncick, Biologist, US Fish &Wildlife Service, Asheville Mrs. Marla Chambers, Western NCDOT Review Coordinator, NCWRC, Albemarle Mr. Kevin Barnett, Division of Water Resources — DEQ, Asheville Mr. Scott Frady, Jackson County Maintenance Supervisor, NCDOT Division 14, Whittier Mr. Travis Williamson, County Maintenance Engineer, NCDOT Division 14 Mr. Reid Whitehead, Roadside Environmental Field Operations Engineer, NCDOT