20190023 Ver 1_Cherokee County - U.S. 64-Ledford Street (Park & Ride) - NWP 3 Narrative1_20190107

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
Division 14
253 Webster Road
Sylva, North Carolina 28779
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968

Website: www.ncdot.gov
Location:
NC DEPARTMENT OF TRANSPORTATION
Division 14
253 Webster Road
Sylva, North Carolina 28779

January 7, 2019

Ms. Crystal Amschler
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714

Subject: Nationwide Permit 3 Application
Directional Bore Replacement of Culvert under Ledford Street (SR 1552) and
Park-n-Ride Lot (ARRA Funded 2013)
McColl Branch, Cherokee County, NC
State Project No. 15314.1020011 (Federal Funding Anticipated)

Dear Ms. Amschler:

The North Carolina Department of Transportation (NCDOT) is requesting authorization for a
stream impact that is necessary to replace a collapsing culvert under Ledford Street (SR 1552)
and a commuter parking lot near Murphy, NC. The collapsing culvert is causing water to back
upstream above the culvert under US 19/74/129 south of the project area. The flooding is
threatening a landowner’s septic field and otherwise periodically flooding their property. The
work will require the relocation of stream channel (65 feet in length) immediately downstream of
the culvert to allow for the directional bore of a new culvert generally parallel to the existing pipe.

Section 7

In Cherokee County, small whorled pogonia (Isotria medeoloides), Cumberland bean
(Villosa trabalis), and the northern long-eared bat (NLEB, Myotis septentrionalis) are known
from current records and are listed as federally endangered or threatened. Gray bat (Myotis
grisescens) and Indiana bat (Myotis sodalis) are listed species that are likely or suspected to occur
in Cherokee County.

The project area is highly disturbed and there is little if any suitable habitat for small whorled
pagonia. Ground cover is too dense in the wooded part of the project area for this species. The
project area was surveyed for this plant and no specimens were observed. There should be “no
effect” of the project on small whorled pagonia.

Ledford Street Culvert Page 2 January 7, 2019
Cherokee County

Cumberland bean mussels are only found in the Hiwassee River in a reach that is several miles
downstream of the project area and Hiwassee Lake. Therefore, the project will have “no effect”
on Cumberland bean.

There are no caves or mines apparent in the vicinity of the project. The project will not affect
bridges, culverts, or other structures that may be suitable as bat roosts and it will not involve
percussive activities. It will require removal of about 12 native trees (mostly red maple and
yellow poplar (see attached representative photo) from areas totaling about 0.1 acre combined.
Most of these trees should not be suitable for bat roosts because of their small size and/or lack of
rough or sloughing bark. The work will impact a stream, but should not impact habitat suitable
for small whorled pagonia (Isotria medeoloides) or other federally listed species known to occur
in Cherokee County. The project area was surveyed for natural resources on October 18, 2018.

As of November 2, 2018, NLEB is listed by U.S. Fish and Wildlife Service (USFWS)
(http://www.fws.gov/raleigh/species/cntylist/nc_counties.html) as “Current” in Cherokee County.
The project area is not in a “red huc” for NLEB, and according to current Natural Heritage data
the nearest known roosts or hibernacula for NLEB are over a mile from the project area
(https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html). For the proposed
action, NCDOT has committed to the conservation measures listed below:
 No alterations of a known hibernacula entrance or interior environment if it impairs an
essential behavioral pattern, including sheltering northern long-eared bats (January 1
through December 31);
 No tree removal within a 0.25 mile radius of a known hibernacula (January 1 through
December 31); and
 No cutting or destroying a known, occupied maternity roost tree, or any other trees
within a 150-foot radius from the known, occupied maternity tree during the period
from June 1 through and including July 31.

NCDOT has determined that the proposed action does not require separate consultation on
the grounds that the proposed action is consistent with the final Section 4(d) NLEB rule,
codified at 50 C.F.R. § 17.40(o) and effective February 16, 2016. NCDOT may presume its
determination is informed by best available information and consider Section 7 responsibilities
for this project fulfilled for NLEB.

As of November 2, 2018, the Indiana bat is listed by USFWS as “Probable/Potential” in Cherokee
County. The practice of “winter tree clearing” (tree clearing avoidance from October 15 to April
15) is often used for a determination of “May affect, Not Likely to Adversely Affect” for this
species. The NCDOT will incorporate this measure into the project because there are potentially
suitable roost trees that must be removed to complete the project.

The USFWS concurred with these assessments on November 15, 2018. The concurrence letter is
attached.

Section 106

This project was reviewed by NCDOT’s Human Environment Unit for potential effects to
architectural and archaeological resources. There were determinations of ““No Survey Required”
for both architecture and archaeology. Although the project area is within an area considered rich
in archaeological resources, as noted in the archaeological report, the project is highly disturbed
from past highway construction and parking area development. Therefore, the small area of new
disturbance from this project is unlikely to have an effect on significant cultural resources.
Ledford Street Culvert Page 3 January 7, 2019
Cherokee County

Impacts to Waters of the United States

McColl Branch and the UT have well defined channels and banks. Hiwassee Lake meets the
definition of a Traditional Navigable Water. Therefore, we believe the affected streams are 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 Hiawassee River Basin (HUC 06020002).
Impacts are listed in the PCN. The project will only require a permanent impact to 65 feet of
stream channel for fill and relocation of the same length of stream immediately downstream of
the new culvert outlet. Temporary impacts for the constructed should not be needed because the
new culvert can be bored and the new stream channel constructed in the dry before filling the old
channel. The PJD stream IDs have been added to the drawing for your convenience.

Compensatory Mitigation Plan

Natural stream construction techniques will be used and there will be no loss of stream channel
for the project. The channel 10 feet downstream of the new culvert outlet will be plated with
class B rip rap to help prevent the outlet scour that has occurred at the outlet of the existing
culvert. This rip rap would be embedded and topped with natural stream material. The
remaining new stream channel and banks (55 feet) will be constructed with a stable cross section
and covered with coir matting. The channel banks will be replanted with live stakes to promote
stream channel stability. The project will be annually checked for stability for a period of five
years.

We believe that additional compensatory mitigation beyond this proposed channel relocation plan
is not necessary because there will be no net loss of stream channel length and the new stream
channel will experience an ecological uplift due to a more stable cross section, matting instead of
bank armoring, and live stake planting.

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 (GC 4132) for the
project under Section 401 of the Clean Water Act from the North Carolina Department of
Environmental Quality, Division of Water Resources (DWR). Though the stream is not suitable
for trout, the project area lies within the Valley River which is a “designated trout watershed” (as
described in the Nationwide Regional Permit Conditions). Therefore, therefore we would
appreciate comments on this request from the NC Wildlife Resources Commission.

Please contact me at [phone] if you have any questions or need additional information to
evaluate this request. Your prompt attention to this request is greatly appreciated.

Sincerely,

Dave McHenry
Division 14 Environmental Officer

Attachs:

1/7/2019
Ledford Street Culvert Page 4 January 7, 2019
Cherokee County

cc: Ms. Amy Chapman, Division of Water Resources, DEQ, Raleigh
Ms. Kristie Lynn Carpenter, Division of Water Resources, DEQ, Raleigh
Mr. Kevin Barnett, Division of Water Resources, DEQ, Asheville
Ms. Claire Elwanger, Biologist, US Fish & Wildlife Service, Asheville
Mrs. Marla Chambers, Western NCDOT Coordinator, NCWRC
Mr. Andy Russell, Division 14, District 3 Engineer, NCDOT