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HomeMy WebLinkAbout20211572 Ver 1_DF17614.2044005_NRTR_20211115 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION Division 14 253 Webster Road Sylva, North Carolina 28779 Telephone: (828)586-2141 Fax: (828)586-4043 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: NC DEPARTMENT OF TRANSPORTATION Division 14 253 Webster Road Sylva, North Carolina 28779 October 29, 2021 Memorandum To: DF17614.2044005 File From: Kevin Barnett, NCDOT Division 14 Environmental Specialist II Subject: Natural Resource Review Environmental staff visited the project site on August 19, 2021 and most recently on October 13, 2021. The only jurisdictional feature noted in the project area is Pisgah Creek (Class WS-III; Tr) that bridge 430005 spanned before it collapsed during TS Fred flooding on August 17, 2021. Permits NCDOT coordinated with the US Army Corps of Engineers and staffs with the United States Fish and Wildlife Service (USFWS) regarding Tropical Storm Fred related Section 7 and 404 permitting procedures in part on August 22 and 25, 2021 and in a field meeting on September 7, 2021. Hydraulic design has been completed and it was been determined that the project complies with NWP 3 criteria with inclusion of the waiver of the trout moratorium received from NCWRC for these storm repairs and, as described below, in compliance with Section 7 “no effect determinations” for listed species potentially in the project area. Section 7 In accordance with recent direction from the USFWS, the project was screened using IPAC to determine the potentially affected listed species. According to the screening conducted on October 1, 2021 the only federally listed species with the potential to be in or near the project area include Appalachian elktoe (Alasmidonta raveneliana), rock gnome lichen (Gymnoderma lineare), small whored pogonia (Isotria medeoloides), gray bat (Myotis grisescens), Indiana bat (Myotis sodalist), and northern long-eared bat (Myotis septentrionalis, NLEB). Appalachian elktoe are found in some well-oxygenated, cool-water rivers with moderate to fast flowing water and stable, mixed substrates of silt, sand, gravel, and/or cobble. This species is present Haywood County in the Pigeon River watershed. However, the subject stream was filled with bedload during T.S. Fred, removing the mussel habitat DF17614.2044005 Page 2 October 29, 2021 NRR before it flows into the East Fork Pigeon River watershed. This watershed is too impacted with sediment and unlikely to support mussels. Natural Heritage element occurrence data for this species (NHP viewer checked on October 1, 2021) do not include records in this watershed. The project should have no effect on this mussel. Rock gnome lichen can be found on rock faces at relatively low elevations in deep river gorges. A gorge or any rock faces with consistently humid conditions required by this plant are not present at the bridge. Therefore, the project will have no effect on this species. Small whorled pagonia usually occurs in open, dry, deciduous woods with acidic soil, though it can sometimes be found on slopes along streams and mesic forest in association with white pine and rhododendron. The terrestrial habitats at the project site include a maintained road right-of-way, mowed yards, and planted white pine timber stand and wooded hillside. Although forested habitats will be impacted by construction there should be no effects of the project on pagonia because ground conditions in the forested areas that will be impacted by construction appear too shaded for this plant due to thick ground and mid-story vegetation. 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. There are no caves near the bridge. The bridge was destroyed by the flood. This project will not require blasting or night work, but it will require the removal of approximately 10 trees (>3 inch diameter) and short-term (couple days) percussive activity (e,g. guardrail post driving). The trees to be removed appear unsuitable for bat roosting because they have lack peeling, loose, or rough bark. They include small black walnut, poplar, locust, and wild cherry trees but they are live and lack the micro- conditions for bat roosting. Moreover, they are near the road and do not currently block sources of light from reaching the creek area at night. Therefore, there should be no effect of their removal on bats. Attach:s 430005 Maps/Study Area IPAC Report Photo of new 430005 bridge location