20191002 Ver 1_Macon County - B315 - NWP 3 Cover Letter_20190724

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
July 24, 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. 315
on SR 1618 (Glen Falls Road)
over East Fork Overflow Creek
Macon County, North Carolina
WBS Element No. 17BP.14.R.72
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 21' 3" L X 20' W single
span timber floor on timber joist bridge. The new structure will be a 45' L X 27' W X 2l" H
prestressed cored slab bridge unit on a 60 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, within an existing ditchline, approximately 6" in width, will be slightly
relocated/realigned for 30 linear feet.
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 Little Tennessee River, downstream of Lake Emory, is a Natural Heritage Area that supports
several federally listed aquatic species (Spotfin Chub & Appalachian Elktoe) in the Little
Tennessee Watershed, within Macon County. The proposed project is located within the
Division 14 Office
Telephone: [phone] Webster Road, Sylva, North Carolina 28779 Fax: [phone]M

Bridge No. 315 — Macon County Page 2 July 24, 2019
Savannah River Watershed within Macon County. East Fork Overflow 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 Overflow 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/stabilizing a small unnamed tributary. Therefore, adverse effects of the
work on aquatic habitats should be minor and temporary and only occur a short distance
downstream. Riparian habitats at the project site are disturbed by residential driveways and
consist of heavily wooded areas. There are no wetlands nor mountain bogs present within project
vicinity.
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. A vascular plant survey was completed by NCDOT staff on 9.5.2014 and
7.12.2019 and results were negative.
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 3,520 feet and the site is situated in mountainous heavily wooded area.
Also, there are no damp rock faces near the site.
Virginia spiraea typically occurs along high gradient rivers that are larger than East Fork
Overflow 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 Overflow Creek
Watershed. A plant survey was completed by NCDOT staff on 9.5.2014 and 7.12.2019 and
results were negative.
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 20 trees (hickory, maple, white pine, oak) and demolition/replacement
of an old timber bridge. The bridge was surveyed for bats and evidence of bat roosting on
9.5.2014 and 7.12.2019 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. 315 — Macon County Page 3 July 24, 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 2011 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
East Fork Overflow Creek (DWQ Class: C; Tr.; ORW) 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. East Fork Overflow Creek flows approximately 2.67 miles to Overflow Creek,
which flows approximately 10.61 miles to the Chattooga River which meets the definition of a
Traditional Navigable Water. For these reasons, we believe East Fork Overflow 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, East Fork Overflow Creek and a small
UT to East Fork Overflow Creek, which are waters of the United States in the Savannah River
Basin (HUC 030601020202). Specifically, NCDOT is requesting to replace Bridge No. 315 with
a cored slab bridge. Project impacts are depicted within the project design plans. Listed below is
a summary of the proposed impacts.
Site No.
Existing Condition
Proposed Condition
Net
Station
Impacts
Streambank
Sloped stream banks and constructed
Site 1
East Fork Overflow Creek
riprap banks under new bridge
75'
(Permanent Impact)
Site 2
Unnamed Tributary to
Stream Realignment
30 ,
East Fork Overflow Creek
(Permanent Impact)
Site 3
East Fork Overflow Creek
Detour Pipe (Double 42" x 40')40'
(Temporary Impact)
Site 4
East Fork Overflow Creek
Diversion/Dewatering
105'
(Temporary Impact)

Bridge No. 315 — Macon County Page 4
July 24, 2019
Total Permanent Stream Impact for Rip -Rap Streambank Stabilization
Total Permanent Impact for Stream Relocation
Total Temporary Impact for Detour Pipe
Total Temporary Impact for Impervious Dikes and Diversions
Permits Requested
75'
30'
40'
105'
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