20191555 Ver 1_B36 - Cherokee County - NWP 14 Cover Letter (Final)_20191112

Roy COOPER
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
November 12, 2019
Ms. Crystal Amschler, NCDOT Regulatory Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application
Replace Bridge No. 36 on SR 1384 (Webb Creek Road)
Over Webb Creek, Cherokee County
WBS Element No. 17BP.14.R.61
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 12' W single
span timber structure with a 67' 6"' L x 24' W x 5'9" H aluminum arch culvert on a 60' degree
skew and 4.73% slope. Traffic will be detoured offsite using staged construction. The new
culvert will be constructed within the existing bridge footprint and extended upstream &
downstream. The project will also include some minor approach work on the existing roadway.
The project is located on Eastern Band of Cherokee Indians (EBCI) Tribal property. Consultation
leters and documents from the EBCI Natural Resource Program and the Buerau of Indians
Affairs are attached in permit application
I am enclosing a PCN application, jurisdictional form, SHPO forms and plan sheets showing the
proposed work, a marked vicinity map, a USGS quad map and photographs.
The North Carolina Natural Heritage Program lists 33 species for Cherokee County that have
federal status and are known from current records or were known to occur in the county
historically. Five species, the Indiana bat (Myotis sodalis), the Gray Bat (Myotis grisescens), the
northern long-eared bat (Myotis septentrionalis, NLEB), small whorled pogonia (Isotria
medeoloides), and the Cumberland bean (Villosa trabalis) are known from current records and
are listed as either threatened or endangered. According to the USFWS, Cherokee County is
considered potentially occupied range for Indiana, Gray and NLEB bats.
There are no records for threatened or endangered species in the Webb Creek watershed. The
only records for listed species within a 5-mile radius of the project are for Indiana bats and
NLEB.
Division 14 Office
Telephone: [phone] Webster Road, Sylva, North Carolina 28779 Fax: [phone]

Bridge No. 36 Cherokee County Page 2 November 12, 2019
Cumberland bean is typically found in larger, warmer rivers with the only record in North
Carolina being from the Hiwassee River downstream of Appalachia Lake. Webb Creek at the
bridge is greater than 15.00 topography miles away and does not connect into the Appalachia
Lake tailrace. Webb Creek is also too small and likely too cold to support mussels.
The terrestrial habitat in the vicinity of the project has been disturbed by the road, powerline
corridor maintenance, yards and bridge. The habitat in the area is not characteristic of small
whorled pogonia due to ingoing disturbance and the closed canopy of the nearest forest
(downstream of bridge). A vascular plant survey was conducted on 6.11.2018 and 8.14.2018
and was negative for small whorled pogonia.
Gray bats usually roost in caves or in/on structures year-round while Indiana bats and NLEB
only winter in caves or mines. There are no mines or caves visible near the bridge. In summer,
Indiana bats and NLEB generally roost in the loose bark of trees, either dead with peeling bark or
cavities, or live trees with shaggy bark such as white oak, maples, sycamore and hickories. The
existing bridge is a low timber structure and therefore probably too cool for bats. Program staff
inspected the bridge for bats and/or indicators of bat presence on August 141h, 2018 and the EBCI
Natural Resource Staff completed a mist -net survey in the summer of 2019. No evidence was
observed of bats utilizing the bridge structure and one Brown Bat was captured in the mist -net
survey. There will be several trees removed for the project and NCDOT will adhere to the
"winter clearing" recommendation of the EBCI Natural Resource Staff. Jack -hammering and
mechanized pile driving may be required to remove existing bridge structure, to install end bents
and install guardrail units. The extent and duration of percussive activities is difficult to predict
with certainty, but on projects of this scale percussive typically occurs intermittently for 2-4
hours each day over a couple week period.
The project area is not located in a "red HUC" for NLEB and is over 0.25 mile from the nearest
"red HUC" (hibemacula or maternity roosts). Therefore, this project is consistent with the final
Section 4(d) rule, codified at 50 C.F.R. § 17.40(o) and effective February 16, 2016 for NLEB.
This project should have "no effect" on gray bats and a determination of "may affect, not likely
to adversely affect" is appropriate for Indiana bats with the "winter tree clearing" practice.
This project was reviewed by NCDOT's Human Environment Unit in 2011 for potential effects
to historical architecture and archaeology. It was determined that surveys were not required for
either historical architecture or archeological resources (see attached forms). Mr. Brian Burgess,
EBCI Tribal Archaeologist concurred with the Human Environment Unit in 12.18.18 (Letter
Attached).
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. The EBCI
Natural Resource Department has reviewed project plans and erosion control plans and have
approved plans (Letter Attached).

Bridge No. 36 Cherokee County Page 3 November 12, 2019
Impacts to Waters of the United States
Webb 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 sand with gravel and medium-sized boulders.
The stream has sufficient flow to support fish and other aquatic life. Webb Creek flows
approximately 1.54 miles into the Valley River. The Valley River meets the definition of a
Traditional Navigable Water. For these reasons, we believe Webb Creek is 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 waters of the United States in the Hiwassee
Basin (HUC 060200020402). Specifically, NCDOT is requesting to replace Bridge No. 36 with
an aluminum arch culvert. Listed below is a summary of the proposed impacts.
Site No.
Existing Condition
Proposed Condition
Net
Station
Impacts
Site 1
20' 6"L X 12' W Single span
67' 6" L X 24' W X 5' 9" H
0
timber bridge
Aluminum arch culvert
Site 2
Webb Creek Stream Bank
Sloped stream banks and rip rap
25'
banks/benches at inlet
Site 3
Webb Creek Stream Bank
Sloped stream banks and rip rap
15'
banks/benches at outlet
Site 4
Webb Creek
Impervious dikes and flow
105'
diversions
Total Permanent Stream Impact for Aluminum Arch Culvert 0'
Total Permanent Stream Impact for Benches and Streambank Stabilization 40'
Total Temporary Impact for Impervious Dikes and Diversions 105'
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to
proceed with the construction project outlined above.
The property is owned by the Eastern Band of Cherokee Indians (EBCI), therefore, the MOU
between the United States Army Corps of Engineers, Wilmington District and the EBCI has
been followed. The Eastern Band of Cherokee Indians Natural Resource Program has issued a
Tribal 401 certification as well as given resource conservation letters detailing aquatic

Bridge No. 36 Cherokee County Page 4 November 12, 2019
moratorium and tree clearing moratorium. NCDOT agrees to follow tribal winter clearing
moratorium and tribal trout moratorium, October 15th — April 156 (Letters Attached). The EBCI
Natural Resource Department will be the environmental regulatory body for 401 compliance,
endangered species moratorium compliance and erosion and sediment control compliance for
the proposed project. EBCI Natural Resource staff will be invited to the NCDOT pre -
construction meeting to address project specific concerns.
If you have any questions or need additional information, please contact me at [phone] or
Mr. Brandon Dockery, at [phone]. Your prompt review and consideration of this request
will be greatly appreciated.
Sincerely,
;Valraicl¢ �. Fucao"
Patrick J. Breedlove
Division 14 Environmental Specialist 11
Enclosures
cc:
Ms. Claire Ellwanger, Biologist, US Fish & Wildlife Service, Asheville
Mr. Gary Sneed, Environmental Regulatory Specialist, EBCI Natural Resources