20180875 Ver 1_NWP 14 Cover Letter (Final)_20180622

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVF,RNOR
June 22, 2018
Ms. Crystal Amschler - Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Rooin 208
Asheville, NC 28801-2714
JAMES H. TROGDON, III
SECRF.TARY
Subject: Nationwide 14 Permit Application
Replace Bridge No. 220 on SR 1351 (Matlock Creek Road) over Matlock Creek
Macon County, North Carolina
WSS Element No. 17BP.14.R.111
Dear Ms. Amschler:
The North Carolina Department of Transportation (NCDOT) is proposing to replace the subject
bridge. The purpose of the project is to replace the fiinctionally obsolete 16' 6" L X 18' W single
span timber floor on timer joist bridge. The new structure will be a 45' 6" L X 16' 2" W x 5' 1' H
aluminum box culvert on a 60 degree skew and 3.61 % slope. Inlet, outlet, and mid-culvert sills
are 16' 2" W x 1' 6" H with a 8' W X 1' H notch. Structure sills will help retain stream bedload
and to facilitate fish passage. Traffic will be detoured onsite using temporary culverts and the
new permanent culvert will be constructed in the existing bridge location. The project will also
include some minor approach work on the existing roadway.
I am enclosing a PCN application, Rapanos Jurisdictional form, SHPO forms, plan sheets showing
the proposed work, a marked vicinity map, a USGS quad inap and photographs.
U.S. Fish and Wildlife Service lists 9 species for Macon County that have federal status and that
are known from either current or historical records. Nine species, spotfin chub (Er�imonax
�nonachus), Appalachian Elktoe (Alasmidonta i�aveneliana), Little-wing pearlymussel (Pegias
fabulc�), small whorled pogonia (IsotYic� medeoloides), Virginia spiraea (Spi�aea viiginiana), rock
gnome lichen (Gymnoderma linea�e), gray bat (Myotis grisescens). Indiana bat (Myotis sodalist)
and the northern long-eared bat (Myotis septentrionalis, NLEB) are listed as either threatened or
endangered.
The Little Tennessee River about 3.12 miles downstream of the bridge is a significant Natural
Heritage Area that supports several federally listed aquatic species. Spotfin chub have been found
in the Little Tennessee River, however, there haven't been an element of occurrence in Matlock
Creek. Matlock Creek at the bridge is too s�nall, steep, and/or cold for Appalachian Elktoe or
Division 14 Office
Telephone: [phone] Webster Road, Sylva, North Carolina 28779 Fax: [phone]

Bridge No. 220 — Macon County Page 2 June 22, 2018
Little-wing pearlyrnussel. The project is limited in scope to replacing a bridge with an aluminum
box culvert in a temporarily dewatered stream channel. Therefore, adverse effects of the work on
aquatic habitat should be minor and temporary and only occur a short distance downstream.
Riparian habitat at the project site is disturbed by mowed yards, residential driveways and
agricultural fields. There are no wetlands nor mountain bogs present on site.
Small whorled pagonia typically 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. There is no forested habitat near the bridge that would be affected by the
construction work.
The rock gnome lichen is typically found at high elevations on vertical rock surfaces that are often
bathed in fog. However, it can occur at lower elevations on cliffs that occasionally receive
seepage and on damp rock faces in river gorges where there is high humidity. The elevation at the
project site is about 2,320 feet and the site is situated in an open valley. Also, there are no damp
rock faces near the site.
Virginia spiraea typically occurs along high gradient rivers that are larger than Matlock Creek. It
is usually found on rocky, flood-scoured riverbanks and rock bars. These habitats are absent at
the bridge site and there are no records for this plant in the Matlock Creek watershed.
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 3 trees (2 poplar, 1 maple) and demolition of an old timber bridge. The
bridge was surveyed for bats and evidence of bat roosting on 6.25.2013, 5.30.2014 and 5.14.2018
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(0) and effective February 16, 2016. To protect Indiana bats, the
obstructing trees will be removed from October 15 to April 15 (winter clearing).
The project is limited to the replacement of an existing bridge with an aluminum box culvert.
Erosion and sedimentation control measures will be implemented to protect aquatic habitats.
Therefore, for the reasons described above and with the inclusion of the winter tree clearing
requirement for bats, we recommend a"no effect" determination for threatened and endangered
species.
This project was reviewed by NCDOT's Human Environment Unit in 2014 for potential effects to
historical architecture and archaeology. It was determined that no survey was required for
historical architecture or archeological resources, resulting in a no effect determination (see
attached forms).

Bridge No. 220 — Macon County Page 3 June 22, 2018
NCDOT best management practices will be used to minimize and control erosion and
sedimentation on this project. The construction foreman will review all erosion control measures
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
Matlock Creek (DWQ Class: C) is shown on the USGS topographic map as a perennial stream.
The channel is well defined with a substrate of gravel, sand, and cobble and is approximately 8
feet in width. The stream has sufficient flow to support fish and other aquatic life. Matlock
Creek flows approximately 3.12 miles to the Little Tennessee River, which meets the definition of
a Traditional Navigable Water. For these reasons, we believe Matlock 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, Matlock Creek, which are waters of the
United States in the Little Tennessee River Basin (HUC 06010202040030). Specifically,
NCDOT is requesting to replace Bridge No. 220 with an aluminum box culvert. Project impacts
are depicted within the project design plans on page 19 & 40 Listed below is a summary of the
proposed impacts.
Site No. Existing Condition Proposed Condition Net
Station Im acts
Impervious dikes and flow
Site 1 Matlock Creek diversions to remove old 110'
abutments and place culvert
(Tem ora Im act)
Temporary Detour Pipes
Site lA Matlock Creek 3@ 42" H x 32' L 32'
(Temporary Impact)
Sloped stream banks and
Matlock Creek constructed riprap banks/benches ,
Site 1B Streambank at culvert inlet 22
(Permanent Im act)
Sloped stream banks and
Matlock Creek constructed riprap banks/benches ,
Site 1C Streambank at culvert outlet 35
(Permanent Im act)
16'6"LX 18'W 45'6"LX16'2"WXS'1"H
Site 1D single span timber bridge Aluminum Box Culvert 45.5'
(Permanent Impact)
Total Permanent Stream Impact for Aluminum Box Culvert 45.5'
Total Permanent Stream Impact for Benches and Streambank Stabilization 57'
Total Temporary Impact for Detour and Impervious Dikes and Diversions 142'

Bridge No. 220 — Macon County Page 4 June 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 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) for a written certification.
Please contact me at [phone] if you have any questions about this application or need
additional information. Your prompt review and consideration of this request will be greatly
appreciated.
Sincerely,
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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, Albemarle
Mr. Kevin Barnett, Division of Water Resources — DEQ, Asheville
Mr. David McHenry, NCDOT Division 14, Environmental Officer