20190178 Ver 1_Macon County - B29 - NWP 3 Cover Letter_20190211

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROv COOPER
GOVF.RNOR
February 8, 2019
Ms. Crystal Amschler - Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 3 Permit Application
Replace Bridge No. 29 & Aluminum Arch Pipe
on SR 1475 (White Oak Lane) over White Oak Creek
Macon County, North Carolina
WBS Element No. 17BP.14.R.115
Dear Ms. Amschler:
JAMES H. TROGDON, III
SF.CRF.TARY
The North Carolina Department of Transportation (NCDOT) is proposing to replace the subject
bridge and existing culvert. The purpose of the project is to replace the functionally obsolete 20'
6" L X 20' W single span timber floor on timer joist bridge. The new structure will be a 45' 0" L
X 30' 0" W X 1'6' H prestressed cored slab bridge unit on a 90 degree skew. An 45' existing
corrigated metal pipe will also be replaced with a 137" W x 85" H x 45' L Aluminum Arch Pipe.
Traffic will be detoured onsite using a 48" temporary culvert and a temporary bridge unit. 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 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. Nine species, Spotfin Chub (Erimonax
monachus), Appalachian Elktoe (Alasmidonta raveneliana), Little-Wing Pearlymussel (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 Nantahala River is approximately 4.26 miles downstream of the bridge. The Nantahala Gorge
is a significant Natural Heritage Area that supports a federally listed invertebrate species, the
Noonday Globe Snail. The Noonday Globe Snail has been found in a two mile stretch of the
Nantahala Gorge within Swain County, however, there hasn't been an element of occurrence in
Division 14 Office
Telephone: [phone] Webster Road, Sylva, North Carolina 28779 Fax: [phone]

Bridge No. 29 — Macon County Page 2 February 8, 2019
Macon County and element occurrence is on wet high cliffs which are absent in White Oak Creek.
The project is limited in scope to replacing a timber bridge with a cored slab bridge and
replacement of an existing culvert in a temporary dewatered stream channel. Therefore, no
adverse effects for the proposed project work on invertebrate habitat will occur. 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 3,216 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 8 trees (poplar, maple, oak, sycamore), demolition/replacement of an
old timber bridge and replacement of a corrugated arch pipe. The bridge was surveyed for bats
and evidence of bat roosting on 5.22.2014, 8.20.2018 and 12.3.2018 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 a cored slab bridge and the
replacement of a corrugated metal arch pipe with an aluminum arch pipe. 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"may effect, not likely adverse effect" determination for threatened and
endangered species.

Bridge No. 29 — Macon County Page 3 February 8, 2019
This project was reviewed by NCDOT's Human Environment Unit in 2013 and 2018 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).
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
White Oak 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 15 feet in width. The stream has sufficient flow to support fish and other aquatic
life. White Oak Creek flows approximately 4.26 miles to the Nantahala River, which meets the
definition of a Traditional Navigable Water. For these reasons, we believe White Oak Creek is a
Relatively Permanent Water and is under the jurisdiction of the U.S. Army Corps of Engineers.
To construct the project, it will be necessary to impact, White Oak Creek, which are waters of the
United States in the Little Tennessee River Basin (HUC 060102020304). Specifically, NCDOT is
requesting to replace Bridge No. 29 with a cored slab bridge and a corrugated metal pipe with an
aluminum arch pipe. Project impacts are depicted within the project design plans on page 2 of 5
and 4 of 5. Listed below is a summary of the proposed impacts.
Site No. Existing Condition Proposed Condition Net
Station Im acts
20'6" L x 20'0" W Sloped stream banks and constructed
Site 1 Single Span Timber Bridge riprap banks under new bridge 47'
Over White Oak Creek (Permanent Impact)
UT to White Oak Creek Aluminum Arch Pipe ,
Site 2 In A Corrugated Metal 137" W x 85" H x 45' L 45
Pipe (45' L)
Sloped stream banks and
Site 2A UT to White Oak Creek constructed riprap banks 20,
at culvert inlet
(Permanent Im act)
Sloped stream banks and
Site 2B UT to White Oak Creek constructed riprap banks 30'
at culvert outlet
(Permanent Im act)
Impervious dikes and flow diversion
Site 2C UT to White Oak Creek to replace existing culvert 70'
(Temporary Impact)

Bridge No. 29 — Macon County Page 4
February 8, 2019
Temporary Detour Pipe
Site 3 UT to White Oak Creek 1@ 48" H x 85' L 85'
(Temporary Impact)
Impervious dikes and flow diversion
Site 3A UT to White Oak Creek to place detour culvert 100'
(Temporary Impact)
Total Permanent Stream Impact for Aluminum Arch Culvert Replacement
Total Permanent Stream Impact for Rip-Rap Streambank Stabilization
Total Temporary Impact for Detour Pipe
Total Temporary Impact for Detour and Impervious Dikes and Diversions
Permits Requested
45'
97'
85'
170'
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,
���� ���
Patrick J. Breedlove
Division 14 - Environmental Specialist II
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