20190668 Ver 1_Polk County - B 29 - NWP 3 Cover Letter (Final)_20190522

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
May 22, 2019
Ms. Crystal Amschler
U.S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Nationwide 3 Permit Application
Replacement of Bridge No. 29 on NC 9
Over South Branch Little White Oak Creek, Polk County, N.C.
WBS Element No. 41665.3D
Dear Ms. Amschler:
JAMES H. TROGDON, III
SECRETARY
The North Carolina Department of Transportation (NCDOT) is proposing to replace the subject bridge.
The bridge is a functionally obsolete three span (1 @ 25' 5", 1 @ 25' 1", 1 @ 25' 5") prestressed
concrete channel, caps with timber piles. The new structure will be a two span (1 @ 30', 1 @ 55') 36"
prestressed girder bridge with spill through abutments and 4' caps. Traffic will be detoured onsite
utilizing temporary detour pipe (2 @ 84" x 48' CMP) installation. The new bridge will be constructed
within the existing bridge footprint and extended upstream and downstream slightly.
Please find enclosed copies of the Pre -Construction Notification (PCN) application, Preliminary
Jurisdiction Determination Form, EEP mitigation acceptance letter, SHPO Concurrence Forms, maps,
plan sheets, photographs and other relative project information.
In Polk County, there are four species that have federal status. White Irisette (Sisyrinchium dichotomum)
is listed as endangered. Northern Long -Eared Bat (Myotis septentrionalis), Dwarf -flowered Heartleaf
(Hexastylis naniflora), and Small Whorled Pogonia (Isotria medeoloides) are listed as threatened.
White Irisette, endemic to the upper Piedmont of North and South Carolina, is generally found on the
southeast to southwest aspect of gentle to very steep, mid -elevation mountain slopes in thin -canopied,
dry-mesic Basic Oak Hickory Forests that are mature, successional, or recently logged. Occurrences are
also found in open, disturbed sites such as clearings, woodland edges, roadside embankments, and power
line rights -of -way. Known populations occur at elevations between 1,312 and 3,280 feet above mean sea
level. The perennial herb prefers rich, basic soils, probably weathered from amphibolite, which are
intermittently saturated with rain but well drained. The species occurs in a variety of soils, including the
Ashe-Cleveland association; the Evard-Cowee complex; and Brevard, Cowee, Fannin, Greenlee, and
Hayesville series. It may grow on shallow soil sites where down slope runoff removed the usual deep
litter, humus, or mineral soil layers. Partial shade to direct sun is preferred, and some form of disturbance
(e.g., mowing, clearing, grazing, periodic fire) is necessary to maintain its relatively open habitat. There
Mailing Address:
Telephone: [phone]
Location:
NC DEPARTMENT OF TRANSPORTATION
Fax: [phone]
NC DEPARTMENT OF TRANSPORTATION
DIVISION 14
Webstite: WWW.riCdOt.gOV
DIVISION 14
253 WEBSTER ROAD
253 WEBSTER ROAD
SYLVA NC 28779
SYLVA NC 28779

B-29 Polk County Page 2 May 22, 2019
were no evidence of white irisette within the bridge area of potential impact. Therefore, the project should
not have an effect on this species.
In North Carolina, the Northern Long-eared Bat (NLEB) occurs in the mountains, with scattered records
in the Piedmont and Coastal Plain. In western North Carolina, NLEB spend winter hibernating in caves
and mines. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in
crevices of both live and dead trees (typically >3 inches dbh). Males and non -reproductive females may
also roost in cooler places, like caves and mines. This bat has also been found, rarely, roosting in
structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat
houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over
water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging.
There currently are no identified NLEB maternity roost sites or hibernacula known in Polk County.
Jackhammering and mechanized pile driving may be required to remove existing bridge structure, to
install end bents and guardrail units. The extent and duration of percussive activities id difficult to predict
with certainty, but on projects of this scale, percussive activities typically occur intermittently for 2-4
hours each day for a couple week period. Exiting bridge was inspected on 11.1.2013, 2.27.2018,
5.15.2018, 4.26.19 and 5.19.2019 and did not see any bats or evidence of bat usage (i.e. staining or
guano). Therefore, the project should not have an effect on this species.
Dwarf -flowered Heartleaf is endemic to the western Piedmont and foothills of North and South Carolina.
This herbaceous evergreen is found in moist to rather dry forests along bluffs; boggy areas next to streams
and creek heads; and adjacent hillsides, slopes, and ravines. Requiring acidic, sandy loam soils, the
species is found in soil series such as Pacolet, Madison, and Musella, among others. Occurrences are
generally found on a north facing slope. Undisturbed natural communities such as Piedmont/Coastal Plain
Heath Bluff, Dry-Mesic Oak Hickory Forest, and Mesic Mixed Hardwood Forest hold the most viable
occurrences. However, less viable remnant occurrences are found in disturbed habitats, including logged,
grazed, mown, and residential/commercial developed lands; areas converted to pasture, orchards, and tree
plantations; roadside rights -of -way; and on upland slopes surrounding manmade ponds or lakes. There
were no evidence of dwarf -flowered heartleaf within the bridge area of potential impact. Therefore, this
project should not have an effect on this species.
Small Whorled Pogonia occurs in young as well as maturing (second to third successional growth) mixed -
deciduous or mixed-deciduous/coniferous forests. It does not appear to exhibit strong affinities for a
particular aspect, soil type, or underlying geologic substrate. In North Carolina, the perennial orchid is
typically found in open, dry deciduous woods and is often associated with white pine and rhododendron.
The species may also be found on dry, rocky, wooded slopes; moist slopes; ravines lacking stream
channels; or slope bases near braided channels of vernal streams. The orchid, often limited by shade,
requires small light gaps or canopy breaks, and typically grows under canopies that are relatively open or
near features like logging roads or streams that create long persisting breaks in the forest canopy.
USFWS lists Small Whorled Pogonia as "probable/potential" for occurring in Polk County. Suitable
habitat for Small Whorled Pogonia is not present within the study area. Therefore, this project should not
have an effect on this species.
The NCDOT Human Environment Unit reviewed the project in 2015 and determined that there are no
historic architectural properties that would be affected and surveys for archaeological resources were not
necessary (reports attached).
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 a better functioning device.

B-29 Polk County Page 3 May 22, 2019
Impacts to Waters of the United States
South Branch Little White Oak Creek (DWQ Class: C) is shown on USGS topographic maps as a
perennial stream. The channel is well defined and approximately 15 feet wide with a substrate of sand
with gravel/cobble riffles. The project is located within the Broad River basin (Hydrologic Unit
030501050202). South Branch Little White Oak Creek flows from the project study area approximately
0.37 stream miles into Little White Oak Creek, then 1.62 stream miles into White Oak Creek, then 9.15
stream miles into the Green River. The Green River meets the definition of a Traditional Navigable
Water. For these reasons, we believe South Branch Little White Oak Creek is a Relative Permanent
Water and is under jurisdiction of the U.S. Army Corps of Engineers. As such, replacement of the
existing bridge will result in impacts to waters of the United States. The proposed impacts are listed in
the table below:
Site No.
Net
Station
Existing Condition
Proposed Condition
Impacts
(linear feet)
Site 1
South Branch Little White
Interior Bent Pile
4'
Oak Creek
(Permanent)
Site 2
South Branch Little White
Detour Pipe (2 @ 84" CMP)
48'
Oak Creek
(Temporary)
Site 3
South Branch Little White
Impervious Dike and Flow Diversion
140'
Oak Creek
(Temporary)
Total Permanent Stream Impact for Culvert
4'
Total Temporary Impact for Impervious Dike and Flow Diversion 140'
Total Temporary Stream Impact for Onsite Detour
Compensatory Mitigation
48'
There will be 23 linear feet of temporary impact to the Little White Oak [92534] Mitigation Project.
Based on the Inner Agency Review Team recommendations, I have attached the North Carolina
Department of Mitigation Service mitigation acceptance letter and the impact -restoration proposal plan.
Once project is complete, mitigation area will be restored to pre-existing conditions.

B-29 Polk County Page 4 May 22, 2019
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 Resource 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 additional, I am
asking Mrs. Chamber (NCWRC) to comment directly to me concerning this permit request
Thank you for your assistance with this project. If you have any questions or need additional information,
please contact me at pjbreedlove(kncdot.gov or [phone].
Sincerely,
;Valriicl¢ �, vweaom
Patrick J. Breedlove
Division 14 Environmental Specialist II
cc:
Ms. Claire Ellwanger, Biologist, US Fish & Wildlife Service, Asheville
Mr. Kevin Barnett, Division of Water Resources, DEQ, Asheville
Mrs. Marla Chambers, Western NCDOT Coordinator, NCWRC
Mr. David McHenry, Division 14 Environmental Officer