20140938 Ver 2_NWP 14 Recertification Letter (Final)_20180611

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVF.RNOR
Jime 8, 2018
Ms. Crystal Amschler - Project Manager
U. S. Army Corps of Engineers
NCDO'I' Regulatory Project Manager
I51 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application - Recertification
Replacement of Bridge No. 162 on SR 136] (Old NC 280)
Over Silver Creek
Transylvania County, North Carolina
WBS Element No. 17BP.14.R.126
Dear Ms. Amschler,
JAMES H. TROGDON III
SECRETA2Y
The North Carolina Department of Transportation (NCDOT) has piroposed to replace the subject
bridge. This bridge is a functionally obsolete 14' 6"L x 18' W single span timber deck on timberjoist
structure. The new sU�ucture will be a 37' L x 16' 4"W x 5' 11" H alumimim box culvert on a 88°
skew and 0.5% slope. The inlet and outlet will have 16' 4" W x 1' 6" H sill and a 7' 3" W x 1' D
notch to help retain stream bedload and to facilitate fish passage. Traffic will be detoured offsite. The
new culve�t will be constructed within the existing bridge footprint and extended upstream &
downsh�eam. The project will also include some minor approach work on the existing tnadway.
Please find enclosed expired NWP 14, expired 401 ce�tification, NCWRC Letter, Preliminaty
Jurisdictional Determination Form, rEP mitigation acceptance IeYter, SHPO Concurrence Forms,
maps, plan sheets, and photographs.
The North Carolina Natural Heritage Database was checiced for records of threatened and endangeeed
species. The database lists 47 species for Transylvania County that have federal status. The bog turfle
(Glyptemys muhdenbergii) is listed as threatened due to similarity of appearance to the listed northem
bog turtle. Nine species, Carolina northern flying squirrel (Glaucomys sabrina�s coloratacs),
Appalachian elktoe (Alasnzidonta raveneTdana), mountain sweet pitcher plant (Scnracenfa rubra ssp.
jonesii), small whorled pogonia (Isotria medeoloides), spreading avens (Geuna ��adiatuna), swamp pink
(Helonias badlata), Virginia spiraea (Spi��aea virgz�2iana), rock gnome lichen (Gynanodern�a lineare),
and uo�thern long-eared bat (Myotis septe»trioi�alis) are listed as either threatened or endangered.
�Nothing Compares�.._
S[a[e ofNorih Carolina I Depanmem oFTransponation I Division 14
253 Webs[er 2oad � Sylva, Nonh Carolina 28779
Phone [phone] I Fax 828-S8fi-4043

B162 - Transylvania County Page 2 6.8.2018
Appalachian Ellctoe are found in some well-oxygenated, cool-water rivers with moderate to fast
flowing water and stable, mixed substraYes of silt, sand, gravel, and/or cobble. In Transylvania
County, it occurs in sections of the French Btnad and Little River, but it has not been found in the
tributaries to these rivers. Silver Creelc is too small and cold to suppoit mussels. The closet record for
this mussel to the bridge site is over 4.00 river miles downstream in the French Broad River.
The Carolina nortliern flying squirrel, the rock gnome lichen, and spreading avens are species that
require very high elevation habitats, Yhough rock gnome lichen has been found at lower elevations in
deep river gorges. The bridge site is only 2,200 feet in elevation and thc rock substrate and hwnid
conditions required by the rock gnome lichen are lacking. Therefore, there is no suitable habitat for
these species at the bridge site.
Small whorled pagonia generally occurs in open, dry, deciduous woods with acid soil, though habitats
can include slopes along sYreams and mesic forest in association with white pine and rhododendron.
The habitat at the project site is mostly maintained road right-of-way, a driveway, fields and pasture,
t(iough there is a hillside with mature white pines southeast of the bridge. Ma�eover, the conshuction
will occur in the existing bridge location and there were no evidence of plants in the wooded areas of
existing right-of-way and the nearest record is 10.4 miles south of project For these reasons, small
whorled pagonia should not be affected by the consh�uction work.
Virginia spiraea usually occurs along irocky, flood-scoured river banks in gorges or canyons, as well as
in disturbed right-of-ways in a few North Carolina mo�mtain counties. Silver Creek is smaller than
most rivers where Virginia spiraea is found. And, scoured river banl<s, gravel bars, and other habitats
this plant needs are lacicing at Ehe bridge.
Swamp pinic and mountain swcet pitcher plants are found in some saturated-soil wetlands in
Transylvania County, particularly in the eastern portion of the county. Bog turtles are typically found
in "boggy" wetlands as well. There are no records for swamp pink and mountain sweet pitcher plants
near project area and there are no boggy areas or otlier wetlands in the project area.
Northern long-eared bats (NLEB) winter in caves or mines with stable, but not fi•eezing, cold
temperatures. According to USGS data, the nearest underground mine is over 16 miles from the
bridge and there are iio eaves or mines visible near the bridge. In summer, NLEB generally roost in
the loose bark of trees, either dead with peeling bark or cavities, or live trees wifh shaggy bark such as
white oal<, maples, sycamore and hickories. Since the bridge is being replaced on location, several
small trees will be removed (poplar, mixed hardwoods). As prescribed by the USFWS, any tree
removal will be avoided fi•om April 15 to August 15 to avoid potential impacts to NLEB. Also, we
surveyed this bridge in June 2014 and May 2018 and did not see any bats or evidence of bat usage (i.e.
staining or guano).
Due to the limited scope of this project and the proposed BMPs, the potential for adverse impacts on
downst�•eam aquatic habitat should be minimal. Terrestrial habitats at the brid�e are disturbed and do
not appear to be characteristic of any of the listed terrestrial species. There were no threatened or
endangered species obseived during the iield scoping process and subsequent site visits. For these
reasons and those discussed above, we recommend a"no effecY' determination for threatened and
endangered species.
This project was reviewed by NCDOT's I-luman Environment UniY in 2013 for potential affects to
historical architecture and archaeology. It was determined that surveys were not required for historical
archaeological resources and that no prehistoric or historic propei2ies would be affected by the projecE.

B162 - Transylvania County Page 3 6.8.2018
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 better functioning devices.
Impacts to Waters of the United States
Silver Creek (DWQ Class: B, Tr.; WS-V) is shown on the USGS topographic map as a perennial
stream. The channel is well defined and approximately 10 feet wide with a su6straYe of sand with
gravel/eobble riffles. Silver Creek flows approximately 0.6 miles to Turkey Creek. Turkey Creek
flows approximately I.0 mile to tlie Davison River. Davison River flows 2.0 miles to the French
Broad River (HIJC 0601010501) downstream. The Freneli Broad River meets the definition of a
TradiYional Navigable Water. For these reasons, we believe Silver Creek is a Relatively Permanent
Water and is under the jurisdiction of the U.S. Army Corps of Engineers. As such, replacing the
bridge with an aluminum box culveit will result in impacts to waters of the United States. The
proposed impacts are listed in the table below.
Site No. �xisting Condition Proposed Candition Net
Station Im acts
16'4"Wx5' ll"Hx3TL
Site 1 Silver Creek Aluminum Box Culvert w/ Headwalls 3T
(Permanent Im act
SiYe lA Silver Creek Impeivious Dike and Flow Diversion 100'
(Temporary Impact)
Site IB Silver Creelc Install Floodplain Benches and Riprap Bank 50'
Streambank Stabilization
Total Permanent Stream Impact for Culvert 37'
Total Temporary SYream Impact for Impervious Dike, Flow Diversion 100'
Total Permanent Stream Impact for Floodplain Benches and Rip Rap 50'
Permits Requested
NCDOT is hereby reqti�estin� re-autliorization under Section A04 of the Clean Water Act to proceed
with the const��uction project outlined above. By copy of this letter, I am aslcing Mrs. Marla
Chambers, Western DOT Review Coordinator, of the Noi�th Carolina Wildlife Resources Commission
(NCWRC) to com�nent directly to you concerning the 404 Nationwide Permit request. Previous
NCWRC comment letter is attached.
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). Previous 401
certifcation is attacl�ed. In addition, I am aslcing Mrs. Chambers and Mr. Reid Whitehead, Roadside
Environmental Field Operations Engincer (NCDOT), to comment directly to me concerning this
permit request.

B162 - Transylvania County Page 4 6.8.2018
If you liave any questions or need additional information, please contact me at (828) 631 - I] 45. Your
early review and consideration will be greatly appreciated.
Sincerely,
�afn�c! g. Saeed?ove
Patricic J. Breedlove
Division 14 Environmental Specialist
Enclosures
cc:
Ms. Marella Buncicic, Biologist, US Fish & Wildlife Service, Asheville
Mr. Kevin Barnett, Division of Water Resources, D�Q, Asheville
Mrs. Marla Chambers, Western NCDOT Review Coa�dinator, NCWRC, Albemarle
Mr. Josh Deyton, PE, Division 14 Bridge Management Engineer, NCDOT
Mr. Reid Whitehead, Roadside �nvironmental Field Operations Engineer, NCDOT