HomeMy WebLinkAbout20180613 Ver 1_NWP 14 Cover Letter (Final)_20180503PAT MCCRORY
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
May 3, 2018
Ms. Crystal Amcshler, NCDOT Regulatory Project Manager
U. S. Anny Corps of Engineers
151 Patton Avernie, Room 208
Asheville, NC 28801-2714
ANTFIONY J. TATA
SF,CRF.TARY
Subject: Nationwide 14 Permit Application
Replace Bridge No. 226 on SR 1350 (Grape Creek Road) over West Prong Grape
Creek
Cherokee County
WSS Element No. 17BP.14.R.86 (Minor Permit Fee $240)
Dear Ms. Beckwith:
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 16.5' L X 21' W single
span timber structure with a 81' L X 19' W X 6' 1"' H aluminum box culvert on a 56° degree skew
and 5.16% slope. Tl�e inlet and outlet will have 7'W X 1' D notched 2' H sills and four
alternating 2' H baffles will be added to the interior of the culvert to help retain stream bedload
and to facilitate fish passage. Traffic will be detoured onsite using staged construction. The new
culvert will be constructed within the existing bridge footprint and extend upstream. The project
will also include some minor approach work on the existing roadway.
I am enclosing a PCN application, jurisdictional form, SHPO forms, plan sheets showing the
proposed work, a marked vicinity map, a USGS quad map and photographs.
The North Carolina Natural Heritage Program lists 33 species for Cherokee County that have
federal status and are known from current records or were known to occur in the county
historically. Five species, the Indiana bat (Myoti�s sodalis), the Gray Bat (Myotis grisescens), the
northern long-eared bat (Myotis septentrionalis, NLEB), small whorled pogonia (Isotria
medeoloides), and the Cuinberland bean (Villosc� trabalis) are known from current records and
are listed as either threatened or endangered. According to the USFWS, Cherokee County is
considered potentially occupied range for Indiana, Gray and NLEB bats.
There are no records for threatened or endangered species in the Grape Creek watershed. The
only records for listed species witl�in a 5 mile radius of the project are for Indiana bats and NLEB.
Division 14 Office
Telephone: (828) 586-2141 253 Webster Road, Sylva, North Carolina 28779 Fax: (828) 586-4043
Bridge No. 226 — Cherokee County Page 2 Apri120, 2018
Cuinberland bean is typically found in larger, warmer rivers with the only record in North Carolina
being from the Hiwassee River downstream of Appalacl�ia Lake. Grape Creek at the bridge is
about 25 river miles and two impoundments upstream of the Appalachia Lake tailrace. This
streain is also too sinall and likely too cold to support inussels.
The terrestrial habitat in the vicinity of the project has been disturbed by the road, powerline
corridor maintenance, yards and bridge. The habitat in the area is not characteristic of small
whorled pogonia due to ingoing disturbance and the closed canopy of tl�e nearest forest
(downstream of bridge). Habitat for threatened and endangered terrestrial species is lacking at
the bridge site except for a few trees near the bridge that may have potential to provide su�ru-ner
roosting habitat for the Indiana bat and northern long eared bat.
Gray bats usually roost in caves or in/on structures year-round while Indiana bats and NLEB only
winter in caves or mines. According to USGS data, the nearest known underground mine is over
7 miles from the bridge and there are no mines or caves visible near the bridge. In sum�ner,
Indiana bats and NLEB generally roost in the loose bark of trees, eitl�er dead with peeling bark or
cavities, or live trees with shaggy bark such as white oak, maples, sycamore and hickories. The
existing bridge is a low timber structure and therefore probably too cool for bats. Program staff
inspected the bridge for bats and/or indicators of bat presence on June 6`�', 2012 and February
14`',, 2018 and no evidence was present. There will be 3 trees (poplar, oak, maple) removed for
the project during the October 15 to April 15 "winter clearing" period to avoid impacts to
potentially roosting bats. Jack-hammeriizg and mechanized pile driving may be required to
remove existing bridge structure, to install end bents and install guardrail units. The extent and
duration of percussive activities is difficult to predict with certainty, but on projects of this scale
percussive typically occurs intermittently for 2-4 hours each day over a couple week period.
The project area is not located in a"red HUC" for NLEB and is over 0.25 mile from the nearest
"red HUC" (hibernacula or matei-nity roosts). Therefore, this project is consistent with the final
Section 4(d) rule, codified at 50 C.F.R. § 17.40(0) and effective February 16, 2016 for NLEB.
This project should have "no effect" on gray bats and a detennination of "may affect, not likely to
adversely affect" is appropriate for Indiana bats with the "winter tree clearing" practice.
This project was reviewed by NCDOT's Human Environment Unit in 2014 for potential effects to
historical architecture and archaeology. It was determined that surveys were not required for
either historical architecture or archeological resources (see attached forms).
NCDOT best management practices will be used to minimize and control erosion and
sediinentation on this project. The construction foreman will review all erosion control ineasures
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
West Prong Grape Creek (DWQ Class: C) is sl�own on the USGS topographic map as a perennial
stream. The channel is well defined with a substrate of sand with gravel and medium-sized
Bridge No. 226 — Cherokee County Page 3 Apri120, 2018
boulders. The streain has sufficient flow to support fish and other aquatic life. West Prong Grape
Creek flows approximately 1.6 iniles to Grape Creek. Grape Creek then flows approximately 0.2
miles to Hiwassee Lake. Hiwassee Lake meets the definition of a Traditional Navigable Water.
For these reasons, we believe West Prong 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 Hiwassee Basin (HUC 0602000207).
Specifically, NCDOT is requesting to replace Bridge No. 226 with an aluminum box culvert.
Listed below is a summary of the proposed impacts.
Site No. Existing Condition Proposed Condition Net
Station Im acts
16.5' L X 21' W Single span 82' L X 19' W X 6' 1" H Aluminuin ,
Site 1 timber bridge box culvert g 1
Site 1 A West Prong Grape Creek Impervious dikes and flow 1 ��,
diversions
Site 1 B West Prong Grape Creek Sloped stream banks and rip rap 20,
Stream Bank banks/benches at inlet
Site 1 C West Prong Grape Creek Sloped stream banks and rip rap 20,
Stream Bank banks/benches at ii�let
Total Permanent Stream Impact for Aluminum Box Culvert 81'
Total Permanent Stream Impact for Benches and Streambank Stabilization 40'
Total Temporary Impact for Impervious Dikes and Diversions 177'
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of tl�e 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 with the North Carolina Wildlife Resources
Commission (NCWRC), to co�nment 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 Environment and Natural Resources (DENR), Division of Water
Bridge No. 226 — Cherokee County Page 4 Apri120, 2018
Resources (DWR). In addition, I am asking Mrs. Chainbers to comment directly to me
concerning this permit request.
If you have any questions or need additional infoi-�nation, please contact me at (828) 586-2141 or
Mr. Josh Deyton, PE, at (828) 488-0902. Your proinpt review and consideration of this request
will be greatly appreciated.
Sincerely,
Patrick J. Breedlove
Division 14 Environmental Specialist
Enclosures
cc:
Ms. Marella Buncick, Biologist, US Fish & Wildlife Service, Asheville
Mrs. Marla Chambers, Western NCDOT Review Coordinator, NCWRC
Mr. Kevin Barnett, Division of Water Resources, DEQ, Asheville
Mr. Josh Deyton, PE, Division 14 Bridge Management Engineer, NCDOT
Mr. Reid Whitehead, Roadside Environmental Field Operations Engineer, NCDOT