20181268 Ver 1_Permit Cover Letter_20180914

ROY COOPER
GovERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
September 12, 2018
Ms. Crystal Amschler - Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
7AMES H. TROGDON, III
SECRETARY
Subject: Nationwide 3 Permit Application
Replace Bridge No. 9 on SR 1001 (Ellijay Road) over N. Prong Ellijay Creek
Macon County, North Carolina
WBS Element No. 48224.1.1
TIP: B-6029
FA Project Number: BRZ-1001 (090)
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 functionally obsolete 41' L X 20' W single
span timber bridge on steel I-beams. The new structure will be a 70' L X 33' W pre-stressed
concrete cored slab bridge unit on a 60 degree skew. Traffic will be detoured onsite using staged
structure construction and the new permanent bridge 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, jurisdictional determination form, SHPO forms, plan sheets
showing the proposed work, a marked vicinity map, a USGS quad map 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. Spotfin chub (Erimonax monachus),
Appalachian Elktoe (Alasmidonta raveneliana), Little-wing pearlyrnussel (Pegias fabula), small
whorled pogonia (Isotria medeoloides), Virginia spiraea (Spiraea virginiana), rock gnome lichen
(Gymnoderma lineare), 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 13.91 miles downstream of the bridge is a Natural Heritage
Area that supports several federally listed aquatic species (Spotfin Chub & Appalachian Elktoe).
North Prong Ellijay Creek at the bridge is too small, steep, and/or cold for Appalachian Elktoe or
Little-wing pearlyrnussel. The project is limited in scope to replacing a bridge with a cored slab
Division 14 Office
Telephone: [phone] Webster Road, Sylva, North Carolina 28779 Fax: [phone]

Bridge No. 9— Macon County Page 2 September 12, 2018
bridge unit 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. Plants were not seen in forested areas further from the anticipated bridge
construction during a survey on June 29, 2018.
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 approximately 2,300 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 North Prong Ellijay
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 Ellijay Creek watershed.
Plants were not seen near the bridge during a survey on June 29, 2018.
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 a few trees (maple, walnut and locust) and demolition of an old timber bridge. The
bridge was surveyed for bats and evidence of bat roosting on 11.22.2017 and 7.29.2018 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 not "red HUC" where
known NLEB maternity roosts and/or hibernacula are a concern and 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). This measure will also afford protection
to other tree roosting bats such as NLEB.
The project is limited to the replacement of an existing bridge with a cored slab bridge unit.
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 with exception of Indiana bats. The conclusion for Indiana bats is typically "may affect,
not likely to adversely affect" with the winter tree clearing restriction.

Bridge No. 9— Macon County Page 3 September 12, 2018
This project was reviewed by NCDOT's Human Environment Unit in 2016 for potential effects to
historical architecture and archaeology. It was determined that no survey was required for
historical architecture, but a survey was conducted for archeological resources with a
determination of no national register or eligible resources affected (see attached forms).
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
North Prong Ellijay Creek (DWQ Class: C, Tr.) 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 20 feet in width. The stream has sufficient flow to support fish and other aquatic
life. North Prong Ellijay Creek flows approximately 13.91 miles to the Little Tennessee River,
which meets the definition of a Traditional Navigable Water. For these reasons, we believe that
North Prong Ellijay 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 Little Tennessee River Basin (HUC 060102020202).
Specifically, NCDOT is requesting to replace Bridge No. 9 with a cored slab bridge structure.
Listed below is a summary of the proposed impacts. Project impacts are also detailed on page 53
of permit design plans:
Site No. Existing Condition Proposed Condition Net
Station Im acts
Impervious dikes and flow
Site 1 North Prong Ellijay Creek diversions to remove old 200'
abutments and place culvert
Site 2 North Prong Ellijay Creek Rip-Rap for Bank Stabilization 140'
Streambanks
Total Permanent Stream Impact for Benches and Streambank Stabilization 140'
Total Temporary Impact for Detour and Impervious Dikes and Diversions 200'
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

Bridge No. 9— Macon County Page 4 September 12, 2018
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,
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