20241173 Ver 1_R-5840 - Polk County - NWP 14 Cover Letter (Final)_20240906

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
September 6, 2024
Mrs. Crystal Amschler - Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide Permit 14 Application
N.C. 9 Improvements from U.S. 74 to N.C. 108
Mill Spring, North Carolina
TIP Number: R-5840
WBS Element Number: 47083.3.1
Dear Ms. Amschler:
JOEY HOPKINS
SECRETARY
The North Carolina Department of Transportation (NCDOT) desires to improve N.C. 9 from U.S. 74 to
N.C. 108, approximately 2.7 miles. The project is located in Mill Spring, North Carolina. The project
consists of upgrading N.C. 9 with paved shoulders, turn lanes and intersection improvements. The project
is state funded. We request the U.S. Army Corps of Engineers be the federal lead. Project construction
start date is August 19, 2025 and permit turn in date is May 13, 2025.
Section 7
The U.S. Fish and Wildlife Service iPAC, identifies four federally listed species in Polk County within
the project footprint. These are: Northern Long -Eared Bat (NLEB, Myotis septentrionalis), Tri-Colored
Bat (Perimyotis subflavus), Dwarf -flowered Heartleaf (Hexastylis naniflora) and White Irisette
(Sisyrinchium dichotomum) are known from current records (or suspected to occur) and are federally
listed as either threatened or endangered or proposed endangered.
NLEB
During warm seasons, the northern long-eared bat usually roosts 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 the removal of approximately 5.5 acres of trees and will not affect
caves, however, there will be percussive activities associated with project construction and with guardrail
installation. A review of NCNHP records on March 18, 2024, identified no known occurrences of NLEB
within one mile. The NLEB range -wide determination key in the USFWS iPAC was completed and a
"may affect, not likely to adversely affect", determination was given. Please see the project -based
avoidance and minimization measures:
1. Winter Tree Clearing (October 16 — March 31)
2. Survey any culverts greater than 3' diameter, within 14 days of construction
3. Temporary lighting associated with night work will be directed towards the active work area(s),
shielded from riparian areas and will be turned off when not required.
4. No additional permanent lighting will be added to the roadway
5. No blasting associated with project activities.
e ep hone: -0902 — i45 Toot Hollow Road, Bryson City, North Carolina 28713 Fax: [phone]

R-5840 — Polk County Page 2 September 6, 2024
Tricolored Bat
On September 14, 2022, the U.S. Fish and Wildlife Service announced a proposal to list the tri-colored
bat (Perimyotis subflavus — PESU) as endangered under the Endangered Species Act. USFWS has not
provided the official effective listing date. 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 tri-colored 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 cavities and abandoned water wells. Tricolored bats exhibit high site fidelity
with many individuals returning year after year to the same hibernaculum. Culverts will be surveyed for
bat presence within 14 days of construction. A review of NCNHP records on March 18, 2024, identified
no known occurrence of tri-colored bat within one mile. NCDOT requests a "may affect, not likely to
adversely affect" determination.
Dwarf -flowered heartleaf
Habitat for dwarf -flowered heartleaf, consists of moist to rather dry forests along bluffs; boggy areas
next to streams and creek heads; and adjacent hillsides, slopes, and ravines. Surveys were conducted
within suitable habitat on May 22, 2018, and June 28, 2024. No dwarf -flowered heartleaf individuals
were identified. A review of NCNHP records on March 18, 2024, indicated no known occurrences of
dwarf -flowered heartleaf within 1.00 miles of the study area. Based on no individuals identified during
species specific surveys and no known occurrence, NCDOT requests a "no effect" determination.
White Irisette
Habitat for white Irisette consists 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 with a
southeast to southwest aspect occurs within the study area in open, disturbed sites such as woodland
edges and roadside embankments. Surveys were conducted within suitable habitat on May 22, 2018, and
June 28, 2024. No white Irisette individuals were identified. A review of NCNHP records on March 18,
2024, indicated no known occurrences of White Irisette within 1.00 miles of the study area. Based on no
individuals identified during species specific surveys and no known occurrence, NCDOT requests a "no
effect" determination.
The NCDOT recommends a "may affect, not likely to adversely affect" for NLEB, Tricolored Bat and
"no effect" determination for Dwarf -flowered Heartleaf and White Irisette due to lack of suitable habitat
and the negative field surveys. The NCDOT has received the informal consultation request response from
the U.S. Fish & Wildlife Service, Asheville Regional Office on 6.12.2024 (See attachment). NCDOT
originally had proposed the project be federally funded, however, state funding was utilized for all phases
of the project.

R-5840 — Polk County Page 3 September 6, 2024
Section 106
This project was reviewed by NCDOT's Human Environment Unit in 2017, 2018 & 2019 for potential
effects to historic architecture and archaeology. It was determined that no eligible sites or properties were
affected for historic architecture and archaeology (See attached forms). Tribal coordination was
completed with the Eastern Band of Cherokee Indians, the United Keetoowah Band of Cherokee Indians,
the Cherokee Nation (Oklahoma), the Muscogee (Creek) Nation and the Catawba Indian Nation on April
19, 2024. The Catawba Indian Nation responded on May 23, 2024, with a "no immediate concern"
determination (See Attachment)
Impacts to Waters of the United States
South Branch Little White Oak Creek (DWQ Class: C) is shown on the USGS topographic map as a
perennial stream. The stream is well defined with a substrate of gravel, sand, silt and cobble. The stream
has sufficient flow to support fish and other aquatic life. For these reasons, we believe that South Branch
Little White Oak Creek as well as the unnamed tributaries are Relatively Permanent Waters 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 streams in the Broad River Basin (HUC 030501050202). Project impacts are depicted
on the project permit plan set and the impact summary is located on pages 36-37 of the permit plans.
Compensatory Mitigation
Compensatory mitigation is requested for the proposed project. NCDOT has requested 305 linear feet of
cool -water stream impacts in the Broad River Basin (HUC Location: 030501050202). See table below:
Site Number
Existing Condition
Proposed Condition
Mitigation Requested
Site 1
Stream A (Perennial)
Channel Change (Channel Loss)
61'
South Branch Little White Oak Creek
Site 2
Stream J (Perennial)
117 Linear Feet 60" RCP
44'
73 Linear Feet 36" RCP
Replacement/Extension
Site 3
Stream I (Intermittent)
64 Linear Feet 66" x 5 1 " Arch
31'
33 Linear Feet 3' x 3' RCBC
CMP Replacement/Extension
Site 4
Stream G (Intermittent)
54 Linear Feet 72" RCP
21'
33 Linear Feet 4' x 6' RCBC
Replacement/Extension
Site 5
Stream F (Intermittent)
71 Linear Feet 54" RCP
15'
56 Linear Feet 18" CMP
Replacement/Extension
Site 6
Stream E (Perennial)
114 Linear Feet 72" RCP
79'
35 Linear Feet 60" RCP
Replacement/Extension
Site 7
Stream D (Intermittent)
65 Linear Feet 60" RCP
29'
36 Linear Feet 3' x 4' RCBC
Replacement/Extension
Site 8
Stream C (Intermittent)
75 Linear Feet Double 48" RCP
25'
50 Linear Feet 30" CMP
Replacement/Extension
Total
305'
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the
construction project outlined above. This application has been sent to the North Carolina Department of
Environmental Quality (DEQ), Division of Water Resources (DWR) because it will require a written
General Permit. By copy of this letter, I am asking Mr. David McHenry, Western NCDOT Review
Coordinator of the NCWRC and Ms. Holland Youngman, USFWS, to comment directly to the regulatory
agencies concerning the Nationwide Permit Verification and 401 WQC Written requests.

R-5840 — Polk County Page 4 September 6, 2024
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,
;Ddoz (e P, Ewe&"
Patrick I Breedlove
Division PDEA Engineer
NCDOT Division 14
Enclosures
cc: Ms. Holland Youngman, Biologist, US Fish &Wildlife Service, Asheville
Mr. David McHenry, Western NCDOT Review Coordinator, NCWRC
Amy Annino, Division of Water Resources — DEQ, Asheville