20180871 Ver 1_NWP 14 Cover Letter_20180622

ROY COOPER
GOVERNOR
STATE OF NORTH CAROLIIVA
DEPARTMENT OF TRANSPORTATION
May 22, 2018
Ms. Crystal Amschler, NCDOT Regulatory Project Manager
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
Replacement of Bridge No. 137 on SR 1107 (East Fork Road)
Over Bradley Creek
Transylvania County, North Carolina
WBS Element No. 17BP.14.R.122
Dear Ms. Amschler,
JAMES H. TROGDON III
SECRETARY
The North Carolina Department of Transportation (NCDOT) is proposing to replace the subject
bridge. This bridge is a functionally obsolete 20' 6"L x 20' W single span timber deck on timber joist
structure. The new structure will be a 54' L x 22' 1"W x 6'6" H aluminum box culvert on a 45° skew
and 1.2% slope. The inlet and outlet will have 8'W X 1' D notched 1' 6" H sills to help retain stream
bedload and to facilitate fish passage. Traffic will be detoured onsite using staged construction of an
aluminum arch pipe. The new culvert will be constructed within the existing bridge footprint and
extended upstream & downstream. The project will also include some minor approach work on the
existing roadway.
Please �nd enclosed a PCN application, Preliminary Jurisdictional Determination Form, EEP
mitigation acceptance letter, SHPO Concurrence Forms, maps, plan sheets, and photographs.
The North Carolina Natural Heritage Database was checked for records of threatened and endangered
species. The database lists 66 species for Transylvania County that have federal status. The bog turtle
(Glyptemys muhlenbergii) is listed as threatened due to similarity of appearance to the listed northern
bog turtle. Nine species, Carolina northern 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),
and northern long-eared bat (Myotis septentrionalis) are listed as either threatened or endangered.
�Nothing Compares��
State of North Carolina I Department of Transportation I Division 14
253 Webster Road I Sylva, North Carolina 28779
Phone [phone] I Fax [phone]

B137 - Transylvania County Page 2 5.22.2018
Appalachian elktoe are found in some well-oxygenated, cool-water rivers with moderate to fast
flowing water and stable, mixed substrates of silt, sand, gravel, and/or cobble. In Transylvania
County, it occurs in sections of the French Broad and Little River, but it has not been found in the
tributaries to these rivers. Bradley Creek is too small and cold to support mussels. The closet record
for this mussel to the bridge site is over 9.30 river miles downstream in the French Broad River.
The Carolina northern flying squirrel, the rock gnome lichen, and spreading avens are species that
require very high elevation habitats, though rock gnome lichen has been found at lower elevations in
deep river gorges. The bridge site is only 2,412 feet in elevation and the rock substrate and humid
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 streams 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,
though there is a hillside with mature white pines southeast of the bridge. Moreover, the construction
will occur in the existing bridge location and there were no evidence of plants in the wooded areas
south of the existing disturbed right-of-way where the onsite detour will be constructed. For these
reasons, small whorled pagonia should not be affected by the construction work.
Virginia spiraea usually occurs along rocky, flood-scoured river banks in gorges or canyons, as well as
in disturbed right-of-ways in a few North Carolina mountain counties. Bradley Creek is smaller than
most rivers where Virginia spiraea is found. And, scoured river banks, gravel bars, and other habitats
this plant needs are lacking at the bridge.
Swamp pink and mountain sweet 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. The nearest records for swamp pink and mountain sweet pitcher plants
are over 10 miles from the bridge and there are no boggy areas or other wetlands in the project area.
Northern long-eared bats (NLEB) winter in caves or mines with stable, but not freezing, cold
temperatures. According to USGS data, the nearest underground mine is over 16 miles from the
bridge and there are no caves 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 with shaggy bark such as
white oak, maples, sycamore and hickories. Since the bridge is being replaced on location, only three
tree trees will be removed (poplar, walnut & white pine) and possibly a few other small sapling trees
will need to be cut. As prescribed by the USFWS, any tree removal will be avoided from April 15 to
August 15 to avoid potential impacts to NLEB. Also, we surveyed this bridge in August 2016 and
February 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
downstream aquatic habitat should be minimal. Terrestrial habitats at the bridge are disturbed and do
not appear to be characteristic of any of the listed terrestrial species. There were no threatened or
endangered species observed during the �eld scoping process and subsequent site visits. 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
historical architecture and archaeology. The project was also re-screened in March 2018 due to on-site
detour addition and it was determined that there were not potential effect to historical architecture and

B137 - Transylvania County Page 3 5.22.2018
archaeology. It was determined that surveys were not required for historical archaeological resources
and that no prehistoric or historic properties would be affected by the project.
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
Bradley Creek (DWQ Class: C, Tr.; HQV� is shown on the USGS topographic map as a perennial
stream. The channel is well de�ned and approximately 8 feet wide with a substrate of sand with
graveUcobble riffles. Bradley Creek flows into the East Fork French Broad River, which then flows
7.8 miles to the French Broad River (HUC 0601010501) downstream. The French Broad River meets
the de�nition of a Traditional Navigable Water. For these reasons, we believe Bradley 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 culvert will result in impacts to waters of the United
States. The proposed impacts are listed in the table below.
Site No. Eausting Condition Proposed Condition Net
Station Im acts
Site 1 Bradley Creek Impervious Dike and Flow Diversion 50'
(Temporary Detour)
Site lA Bradley Creek Aluminum Arch Culvert 32,
(Temporary Detour)
Site 2 Bradley Creek Impervious Dike and Flow Diversion 90'
(Temporary — Box Culvert Installation)
Site 2A Bradley Creek Rip-Rap (Diversion Pipe) 1 g,
(Temporary Detour)
20' 6" L x 20' W Single 54' L x 22' 1" W x 6'6" H
Site 3 Span Timber Deck On Aluminum Box Culvert 54'
Timber Joist Bridge (Permanent)
Site 3A Bradley Creek Rip-Rap Bank (Stabilization) 30'
Streambamk (Permanent)
Site 3B Bradley Creek Rip-Rap Bank (Stabilization) 30'
Streambamk (Permanent)
Total Permanent Stream Impact for Culvert
54'
Total Temporary Stream Impact for Impervious Dike, Flow Diversion, Detour Culvert, Rip-Rap
190'
Total Permanent Stream Impact for Floodplain Benches and Rip Rap
60'

B137 - Transylvania County Page 4 5.22.2018
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 DOT Review Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC)
to comment 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 Environmental Quality (DEQ), Division of Water Resources (DWR). In addition, I am
asking Mrs. Chambers and Mr. Reid Whitehead, Roadside Environmental Field Operations Engineer
(NCDOT), to comment directly to me concerning this permit request.
If you have any questions or need additional information, please contact me at [phone] or Mr.
Josh Deyton, PE, at [phone]. Your early review and consideration will be greatly appreciated.
Sincerely,
Patrick J. Breedlove
Division 14 Environmental Specialist
Enclosures
cc:
Ms. Marella Buncick, Biologist, US Fish & Wildlife Service, Asheville
Mr. Kevin Barnett, Division of Water Resources, DEQ, Asheville
Mrs. Marla Chambers, Western NCDOT Review Coordinator, NCWRC, Albemarle
Mr. Josh Deyton, PE, Division 14 Bridge Management Engineer, NCDOT
Mr. Reid Whitehead, Roadside Environmental Field Operations Engineer, NCDOT