20230484 Ver 2_R-5863 - Clay County - RGP 50 Cover Letter (Revision)_20230510

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
May 8, 2023
Ms. Crystal Amschler
U. S. Army Corps of Engineers
NCDOT Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Regional General Permit 50 Application - Revision
U. S.64 Business (From U.S. 64 to SR 1307 — Main Street)
Town Creek & UT to Town Creek, Clay County, N.C.
TIP No. R-5863 (47516.1.1)
Dear Ms. Amschler,
ERIC BOYETTE
SECRETARY
The North Carolina Department of Transportation (NCDOT) is requesting authorization for
stream and wetland impacts that are necessary for improvements to a 1.180-mile section of U.S.
64 Business, from U.S. 64 to Main Street (SR 1307) in Hayesville, Clay County, N.C. The
project involves minor widening and vertical and horizontal alignment improvements,
intersection improvements, as well as the construction of a round -about structure to address
current traffic needs. The work will require stream and wetland impacts to accommodate fill
slopes, culvert improvements, and stream bank stabilization. Project is state funded, and project
let date is scheduled for 6.20.2023.
The project permit application was originally submitted on 3.31.2023. Mr. Kevin Mitchell
requested revised red -line drainage plans and during the review process, the design firm, JMT
Inc., discovered errors found with permanent channel loss impacts and bank stabilization impacts.
Site 1 (Stream SB) original impacts were 68 linear feet, new impacts are 71 linear feet for the
extension of a 54" CMP culvert. Site 4 (Town Creek) original impacts were 94 linear feet,
new impacts are 98 linear feet for the extension of a two barrel @ Tx T reinforced concrete
box culvert. Site 4A (Town Creek) original impacts were 85 linear feet for bank stabilization,
new impacts have been reduced to 72 linear feet. Please see impact table below and impact
table in permit plans (Page 10 of 10).
Section 7
In Clay County based from the USFWS iPAC information, the green pitcher plant (Sarracenia
oreophila), rock gnome lichen (Gymonoderma lineare) are known from current records and are
listed as federally endangered or threatened). Grey Bat (Myotis grisescens), Indiana Bat (Myotis
Mailing Address: Telephone: [phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax: [phone] NC DEPARTMENT OF TRANSPORTATION
Division 14 Customer Service: 1-877-368-4968 Division 14
253 Webster Road 253 Webster Road
Sylva, North Carolina 28779 Webstte: www.ncdot.eov Sylva, North Carolina 28779

R-5863, Clay County Page 2 May 8, 2023
sodalist), Northern Long -Eared Bat (Myotis septentrionalis, NLEB) and Tricolored Bat
(Perimyotis sublavus) are listed species that are likely or suspected to occur in Macon County.
Green pitcher plants are found greater than 1 mile from the project area and this species was not
observed in field surveys of the project area. The wetlands that will be impacted by the project
are not sloped bogs that this plant favors. Field surveys were completed in 2018, 2020 and 2022
and were negative. Therefore, the project should have "no effect" on green pitcher plants.
Rock gnome lichen is usually found in high elevation locations in western North Carolina, though
it can occasionally be found at lower elevations on rock faces, usually in deep river gorges. The
project area is much too low in elevation and lacks rock faces and other damp habitat conditions
required by this plant. Field surveys were completed in 2018, 2020 and 2022 and were negative.
Therefore, the project should have "no effect" on green pitcher plants.
Grey bats usually roost in caves or in/on structures year-round while Indiana bats and NLEB only
winter in caves. 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 will require tree removal, but not affect
caves or structures that could serve as bat roosts. The project area is not situated in a region (i.e.
"red HUC") where there are known NLEB maternity roosts and/or hibernacula and the nearest
records are over 5 miles away. The construction work will require the removal of approximately
50 trees (oak, maple, poplar, pine). There will likely be percussive activities with the project
(hoe -ramming and/or jack hammering) to break concrete and installation of guardrail, but this
work should be intermittent and infrequent and probably be limited to a few hours a day in some
weeks. There are no areas where bedrock blasting is anticipated. No night work will occur and
there will be no temporary or permanent lighting needed for the project. High decibel activity (81
— 162 dBA), such as pile driving, will be avoided to the extent possible, during the pup season
(June -July).
To protect Indiana bats, obstructing trees will be removed between October 101, and March 31St
(winter clearing) of any year. This tree clearing restriction will protect other potentially roosting
bats in the area from direct disturbance as well. Based on this and the preceding information, the
project should be compliant with the Final Section 4(d) rule for NLEB, codified at 50 C.F.R. §
17.40(o) and effective February 16, 2016.
On September 14, 2022, the U.S. Fish and Wildlife Service announced a proposal to listed the
Tricolored Bat (Perimyotis subflavus — PESU) as endangered under the Endangered Species Act.
USFWS has not provided the official effective listing date, however, it is expected during the
second half of 2023. The following is the USFWS habitat description for the Tricolored Bat.
During the spring, summer and fall - collectively referred to as the non -hibernating seasons,
tricolored bats primarily roost among live and dead leaf clusters of live or recently dead
deciduous hardwood trees. In the southern and northern portions of the range, tricolored bats will
also roost in Spanish Moss (Tillandsia usneoides) and Boney Beard Lichen (Usnea trichodea),
respectively. In addition, tricolored bats have been observed roosting during summer among pine
needles, eastern red cedar (Juniperus virginiana), within artificial roosts like barns, beneath porch
roofs, bridges, concrete bunkers, and rarely within caves. Female tricolored bats exhibit high site
fidelity, returning year after year to the same summer roosting locations. Female tricolored bats
form maternity colonies and switch roost trees regularly. Males roost singly. During the winter,
tricolored bats hibernate - which means that they reduce their metabolic rates, body temperatures
and heart rate - in caves and mines; although, in the southern United States, where caves are
sparse, tricolored bats often hibernate in road -associated culverts, as well as sometimes in tree

R-5863, Clay County Page 3 May 8, 2023
cavities and abandoned water wells. Tricolored bats exhibit high site fidelity with many
individuals returning year after year to the same hibernaculum. Culverts impacted by the
proposed project were inspected in 2018 and 2022 and were negative for bat presence/usage.
With the inclusion of the following project commitments: winter clearing moratorium (October
16t" — March 31'), no project night work, no temporary or permanent lightning in action area, the
inspection of culverts greater than 2' diameter, 14 days prior to construction, no blasting and high
decibel activity (81 — 162 dBA), such as pile driving, will be avoided to the extent possible,
NCDOT recommends a "may affect, not likely to adversely affect" for Indiana Bat, NLEB,
Tricolored and "no effect" for Grey Bats.
Section 106
This project was reviewed by NCDOT's Human Environment Unit in 2018 & 2021 for potential
effects to architectural and archaeological resources. There was a determination of "Assessment
of Effects Form — No Effects" for Architecture and "No National Register of Historic Places
Eligible or Listed Archaeology Site Present" for Archaeology. (See Attached Forms)
Impacts to Waters of the United States
Town Creek (DWQ Class: WS-IV) 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 6-7 feet in width. The stream has sufficient flow to support fish and other
aquatic life. From the project location, the stream flows approximately 1.22 miles
downstream to the Hiawassee River, which meets the definition of a Traditional Navigable
Water. For these reasons, we believe Town Creek and UT to Town Creek are 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 Town Creek and UT to Town
Creek in the Hiawassee River Basin (HUC 060200020203). Project impacts are depicted on
the project permit plan set. Listed below is a summary of those impacts:
Site No.
Existing Condition
Proposed Condition
Net
Station
Impacts
UT to Town Creek
Si
54" CMP Culvert Extension
71'
Stream B
S1A
UT to Town Creek
Rip Rap Outlet Protection
15'
Stream B
(Permanent Impact)
UT to Town Creek
Impervious dikes and flow
S1B
diversions, as needed.
150'
Stream B
Temporary Impact)
S2
Wetland (WC)
Wetland Fill
0.016
acres
S2A
Wetland (WC)
Construction Access
0.001
Mechanized Clearing
acres
0.058
S3
Wetland (WB)
Wetland Fill
acres

R-5863, Clay County Page 4 May 8, 2023
Silt Fence
0.063
S3A
Wetland (WB)
Mechanized Clearing
acres
S4
Town Creek
2 @ 7' x 7' RCBC Extension
98'
S4A
Town Creek
Bank Stabilization - Inlet/Outlet
72'
Impervious dikes and flow
S413
Town Creek
diversions, as needed.
160'
(Temporary Impact)
Compensatory Mitigation and Plan
The NCDOT has requested mitigation for 169 linear feet at a 2:1 ratio due to stream bed channel
loss due to culvert extensions (2 sites) and 0.138 acres for temporary and permanent impacts to
wetlands. We are currently awaiting the mitigation approval letter from Ms. Beth Harmon,
Division of Mitigation Services. NCDOT will provide the mitigation acceptance letter as soon as
our office receives the document.
Permits Requested
NCDOT hereby requests authorization under Section 404 of the Clean Water Act to proceed with
the construction project outlined above. NCDOT requests authorization for the project under
Section 401 of the Clean Water Act from the North Carolina Department of Environmental
Quality, Division of Water Resources (DWR). We have requested and received comments on
this request from the N.C. Wildlife Resources Commission (NCWRC). The NCWRC does not
request a trout moratorium. (See Attached Letter)
Please contact me at (828) 508 - 7397 if there are any questions or need additional information to
evaluate this request. Your prompt attention to this request is greatly appreciated.
Sincerely,
;Ddo? (e P, Ewe&"
Patrick J. Breedlove
NCDOT Division 14 - Division PDEA Engineer
Enclosures
cc: Mr. Kevin Mitchell, Division of Water Resources, DEQ, Asheville
Ms. Holland Youngman, Biologist, US Fish & Wildlife Service, Asheville
Mr. David McHenry, Western NCDOT Coordinator, NCWRC
Mrs. Stacey Oberhausen, Division 14, Project Engineer, NCDOT