20190888 Ver 1_Turtle Pond Creek - Culvert Replacement - NWP 3 Cover Letter_20190703

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
July 2, 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 Culvert on NC 106 in Turtle Pond Creek
Macon County, North Carolina
WBS Element No. 15314.1056012
FA Project Number: 15314
Dear Ms. Amschler:
JAMES H. TROGDON, III
SECRETARY
The North Carolina Department of Transportation (NCDOT) is proposing to replace the subject
culvert. The purpose of the project is to replace the functionally obsolete snd partially collapsed
30" x 75' corrugated metal culvert. The new structure will be a double 48" H x 75' L welded
steel pipe on existing slope (1.50 %). The inlet and oulet of proposed culvert will be buried 20%
of culvert diameter (9.6") to help retain stream bedload material and to facilitate aquatic passage.
Traffic will not be detoured due to the trenchless installation and construction or the new
permanent culvert will be constructed in the existing disturbed culvert location.
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 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.
Spotfin chub have not been found in Turtle Pond Creek. Turtle Pond Creek at the bridge is too
small, steep, and/or cold for Appalachian Elktoe or Little -wing pearlymussel. The project is
limited in scope to replacing an existing 30" corrugated metal culvert with a welded steel pipe in
a temporarily dewatered stream channel. Therefore, adverse effects of the work on aquatic
Division 14 Office
Telephone: [phone] Webster Road, Sylva, North Carolina 28779 Fax: [phone] E

NC 106 Culvert — Macon County Page 2 July 2, 2019
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 commercial
business parking lot. There are wetlands on -site, but no mountain bogs are present in project
location.
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. Plants were not seen in forested areas near the anticipated culvert construction
location during surveys on 1.22.2018, 6.25.2018 and 4.29.2019.
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 3,910 feet and the site is situated in an ridge top area adjacent to
a NCDOT roadway. Also, there are no damp rock faces near the site.
Virginia spiraea typically occurs along high gradient rivers that are larger than Turtle Pond
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 Turtle Pond Creek
watershed. Plants were not seen near the bridge during surveys on 1.22.2018, 6.25.2018 and
4.29.2019.
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 directional boring, the
removal of a few trees (poplar, maple, sourwood & oak) and the abandonment of the existing
culvert by the usage of flowable fill concrete. There are no structures that would provide
roosting for grey bats on -site, therefore, the project should have no effect on gray bats. The
project is not situated in a "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(o) 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 culvert with a welded steel 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 "no effect" determination for threatened and endangered species with
exception of Indiana bats. The conclusion for Indian bats is typically "may affect, not likely to
adversely affect" with the winter tree clearing restriction.

NC 106 Culvert — Macon County Page 3 July 2, 2019
This project was reviewed by NCDOT's Human Environment Unit in 2019 for potential effects
to historical architecture and archaeology. It was determined that no surveys was required for
historical architecture and archeological resources (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
Turtle Pond 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 3 feet in width. The stream has sufficient flow to support fish and other aquatic
life. Turtle Pond Creek flows approximately 4.23 miles to the Cullasaja River, which meets the
definition of a Traditional Navigable Water. For these reasons, we believe Turtle Pond 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 060102020201). Specifically, NCDOT is requesting to
replace existing 30" corrugated metal pipe. Listed below is a summary of the proposed impacts:
Site No.
Existing Condition
Proposed Condition
Net
Station
Impacts
(2) 48" H x 75' L Welded Steel
Site 1
Turtle Pond Creek
Pipes (Trenchless Installation)
75'
(Permanent)
Site 2
Turtle Pond Creek
Impervious dikes and flow diversion
38'
(Temporary)
Site 3
Streamside Wetland
Fabric lined rip -rap construction pad
0.02
(Temporary)
Acres
Site 4
Turtle Pond Creek
Rip -Rap Bank Stabilization
15 ,
Streambank
Inlet (Permanent)
Site 5
Turtle Pond Creek
Rip -Rap Bank Stabilization
15 ,
Streambank
Outlet (Permanent)

NC 106 Culvert — Macon County Page 4
July 2, 2019
Total Permanent Stream Impact for Trenchless Culvert
Total Permanent Impact for Bank Stabilization
Total Temporary Wetland Impact for Construction Work Pad
Total Temporary Impact for Detour and Impervious Dikes and Diversions
Permits Requested
75'
30'
0.02 Acres
38'
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. Claire Ellwanger, 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