20190918 Ver 1_Macon County - B223 - NWP 3 Cover Letter_20190710

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
July 10, 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. 223
on SR 1134 (Stamey Mountain Road)
over South Fork Skeenah Creek
Macon County, North Carolina
WBS Element No. 1713P.14.R.112
Dear Ms. Amschler:
JAMES H. TROGDON, III
SECRETARY
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 20' 6" L X 20' W single
span timber floor on steel I-beam bridge. The new structure will be a 45' 0" L X 27' 0" W X 21"
H prestressed cored slab bridge unit on a 90 degree skew. The project will also include some
minor approach work on the existing roadway. Due to the minor approach work a small unnamed
tributary, approximately 16" in width, will be relocated and restored. There will not be a loss of
stream length to the unnamed tributary due to relocation. The small UT will have three in -stream
structures (rock cross vanes) installed for grade control, coir matting on stream banks and stream
banks will be live staked with Black Willow and Silky Dogwood (2'-3' tall) cuttings.
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.
Division 14 Office
Telephone: [phone] Webster Road, Sylva, North Carolina 28779 Fax: [phone]

Bridge No. 223 — Macon County Page 2 July 10, 2019
The Little Tennessee River, downstream of Lake Emory, approximately 13.73 miles downstream
of the bridge project, is a Natural Heritage Area that supports several federally listed aquatic
species (Spotfin Chub & Appalachian Elktoe). South Fork Skeenah Creek at the bridge is too
small, steep, and/or cold for Appalachian Elktoe or Little -wing Pearlymussel. There are no
records of the Spotfin Chub within the Skeenah Creek Watershed. The project is limited in scope
to replacing a timber bridge with a cored slab bridge in a temporarily dewatered stream channel
and relocating a small unnamed tributary. Therefore, adverse effects of the work on aquatic
habitat should be minor and temporary and only occur a short distance downstream. Riparian
habitats at the project site are 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. A vascular plant survey was completed by NCDOT staff on 8.16.18 and
7.1.2019 and results were negative.
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 2,102 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 South Fork
Skeenah 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 Skeenah 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 10 trees (poplar, maple, cherry) and demolition/replacement of an old
timber bridge. The bridge was surveyed for bats and evidence of bat roosting on 8.16.18 and
7.1.2019 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 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(o) 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
relocation of a small unnamed tributary. Erosion and sedimentation control measures will be
implemented to protect aquatic habitats. Therefore, for the reasons described above and with the

Bridge No. 223 — Macon County Page 3 July 10, 2019
inclusion of the winter tree clearing requirement for bats, we recommend a "no effect"
determination for threatened and endangered species and a "may effect, not likely to adversely
affect" for the Indiana Bat due to winter tree clearing.
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 and no eligible or listed archeological resources present, resulting in a no
affects 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
South Fork Skeenah 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 16 feet in width. The stream has sufficient flow to support fish and other aquatic
life. South Fork Skeenah Creek flows approximately 0.44 miles to Skeenah Creek, which flows
approximately 1.71 miles to the Little Tennessee River which meets the definition of a
Traditional Navigable Water. For these reasons, we believe South Fork Skeenah 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, South Fork Skeenah Creek, which are
waters of the United States in the Little Tennessee River Basin (HUC 060102020106).
Specifically, NCDOT is requesting to replace Bridge No. 223 with a cored slab bridge. Project
impacts are depicted within the project design plans on page 4 of 12. Listed below is a summary
of the proposed impacts.
Site No.
Existing Condition
Proposed Condition
Net
Station
Impacts
South Fork Skeenah Creek
Sloped stream banks and constructed
Site 1
Streambank
riprap banks under new bridge
30'
(Permanent Impact)
Site IA
South Fork Skeenah Creek
Diversion/Dewatering
60'
(Temporary)
Site 2
Unamed Tributary to
Stream Relocation & Restoration
97'
South Fork Skeenah Creek

Bridge No. 223 — Macon County Page 4
July 10, 2019
Site 2A
Unamed Tributary to
Diversion/Dewatering
110 ,
South Fork Skeenah Creek
(Temporary)
Total Permanent Stream Impact for Rip -Rap Streambank Stabilization 30'
Total Permanent Impact for Stream Relocation 97'
Total Temporary Impact for Impervious Dikes and Diversions 140'
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,
��ffMnA1'e
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