20210555 Ver 1_BR-0029 Tribal Coordination_20211129

April 20, 2021

Attention: David Stutts
NC Department of Transportation
1581 Mail Service Center
Raleigh, NC 27699

Re. THPO # TCNS # Project Description
2021-193-90 Replacement of Bridge No. 26 on NC 106 over Middle Creek in Macon Co. BR-0029

Dear Mr. Stutts,

The Catawba have no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the
proposed project areas. However, the Catawba are to be notified if Native American
artifacts and / or human remains are located during the ground disturbance phase
of this project.

If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail
[e-mail].

Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer

Catawba Indian Nation
Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, South Carolina 29730

Office 803-328-2427
Fax [phone]
From: Peterson, Tierre R <[e-mail]>
Sent: Monday, May 3, 2021 7:51 AM
To: Shawn Blanchard
Cc: Bowles, Jacquelyn K; Stutts, David S; George Hoops; Wilkerson, Matt T
Subject: Fw: [External] Re: NCDOT Project BR-0029 - Project Study Letter

Good morning Shawn,
Please see the response below from the Muscogee (Creek) Nation. Please upload a copy of this
response to the project SharePoint site.

Thank you,
Tierre

From: LeeAnne Wendt <[e-mail]>
Sent: Sunday, May 2, 2021 10:52 PM
To: Peterson, Tierre R <[e-mail]>
Subject: [External] Re: NCDOT Project BR-0029 - Project Study Letter

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.

Tierre,

Thank you for contacting the Muscogee (Creek) Nation concerning the Proposed Replacement of
Bridge No. 26 on N.C. 106 over Middle Creek in Macon County, North Carolina. This project is
located in our Tribes historic area of interest and is of importance to the Muscogee (Creek)
Nation. After careful review of the material provided and noting that the archaeological
fieldwork covered the area and no archaeological resources were noted, the Muscogee (Creek)
Nation concurs that there should be no effects to any known historic properties for the
proposed project. However, due to the historic presence of Muscogee people in the project area,
there is always the possibility of inadvertent discoveries of cultural resources, human remains
and related NAGPRA items, etc. Even if the proposed project is occurring in areas of existing or
prior development, there is still a possibility. With that being stated, if this does occur during
ground disturbing activities, the Muscogee (Creek) Nation requests that all work in the area
ceases and that our office as well as other appropriate agencies be notified immediately.
Additionally, if any changes take place for the project, we require that the information is sent to
us for further review. If you have any questions regarding this, please do not hesitate to ask me.

Regards,
LeeAnne Wendt

LeeAnne Wendt, M.A., RPA
Historic and Cultural Preservation Department, Tribal Archaeologist
Muscogee (Creek) Nation
P.O. Box 580 | Okmulgee, OK 74447
T 918.732.7852
F 918.758.0649
[e-mail]
http://www.muscogeenation-nsn.gov/

From: Peterson, Tierre R <[e-mail]>
Sent: Thursday, March 18, 2021 4:20 PM
To: LeeAnne Wendt <[e-mail]>
Cc: Hoops, George (FHWA) <[e-mail]>; Stutts, David S <[e-mail]>; Bowles,
Jacquelyn K <[e-mail]>; Shawn Blanchard <[e-mail]>; Wilkerson, Matt T
<[e-mail]>
Subject: Re: NCDOT Project BR-0029 - Project Study Letter

Ms. LeeAnne Wendt,

Please see the attached project study letter for NCDOT Project BR-0029.
If you have any questions or comments, please let us know by April 23, 2021.

Sincerely,

Tierre Peterson, PE
Team Leader - PEF Coordination
Structures Management Unit

919 707 6488 office
[e-mail]

1000 Birch Ridge Drive
Raleigh, NC 27610

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
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From:Turchy, Michael A
To:Amschler, Crystal C CIV USARMY CESAW (USA)
Cc:Barrett, William A
Subject:BR-0029 Tribal Coordination
Date:Wednesday, May 19, 2021 4:04:09 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
NCDOT BR-0029 Tribal Coordination Letter & Package-Cherokee Nation.pdf
NCDOT BR-0029 Tribal Coordination Letter & Package-Eastern Band of Cherokee Indians.pdf
NCDOT BR-0029 Tribal Coordination Letter & Package-Muscogee (Creek) Nation.pdf
NCDOT BR-0029 Tribal Coordination Letter & Package-United Keetowah Band of Cherokee Indians.pdf
Hi Crystal,Feel free to reach out to any of us, anytime something doesn't seem right. We'll be glad tomake sure the right people are involved to help.
For BR-0029- Just to clarify, we will need environmental permits for this project, althoughhopefully, we can get it down to temporary impacts and bank stabilization. If the project stayson track, we will be applying for a GP 50 in the fall.
For your files, here's a link to the environmental document for the project. Since it is aCategorical Exclusion, FHWA is our lead federal agency.https://xfer.services.ncdot.gov/pdea/EnvironmentalDocs/Documents/STIP_B-Projects/BR0029_Final_CE_Checklist_Signed.pdf
Also for your files, attached are the tribal coordination letters that went out for this project. Itdoes not appear that response was received for them, but we will verify that prior to projectpermitting.
Thanks again!-Michael
From: Amschler, Crystal C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, May 19, 2021 3:24 PM
To: Turchy, Michael A <[e-mail]>
Subject: [External] FW: BR-0029 Tribal Coordination

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hey Michael,

It was good to talk to you and Carla today. Below is the email string on Br 0029 Macon county
between myself and Shawn.

Crystal C. Amschler
Project Manager
Asheville Regulatory
Field Office
151 Patton Avenue,
Room 208
Asheville, NC 28801
(828)-271-7980 Ext 4231

The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete the Customer Satisfaction Survey located at:

http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

From: Amschler, Crystal C CIV USARMY CESAW (USA)
Sent: Friday, April 23, 2021 3:41 PM
To: Shawn Blanchard <[e-mail]>
Cc: Christopher K. Haire <[e-mail]>; Ryan Mitchell <[e-mail]>
Subject: RE: BR-0029 Tribal Coordination

Shawn,

Thanks for the clarification. With riprap below the OHWM that WOULD trigger a permit. To go back
to our original discussion regarding tribal coordination, sounds like you should go ahead and
forward the information to all the tribes (I believe previously only the EBCI was contacted) and the
information can go out on NCDOT letter head with NCDOT’s signature rather than me sending it out
(and cc me). I think that resolves the questions you had previously. Let me know if there is anything
else you need from me at this time.

Thanks,
Crystal C. Amschler
Project Manager
Asheville Regulatory
Field Office
151 Patton Avenue,
Room 208
Asheville, NC 28801
(828)-271-7980 Ext 4231

From: Shawn Blanchard <[e-mail]>
Sent: Monday, April 19, 2021 3:37 PM
To: Amschler, Crystal C CIV USARMY CESAW (USA) <[e-mail]>
Cc: Christopher K. Haire <[e-mail]>; Ryan Mitchell <[e-mail]>
Subject: [Non-DoD Source] RE: BR-0029 Tribal Coordination

Good Afternoon Crystal,

To clarify, there will be riprap below the OHWM. Sorry for the confusion.

Thank you,
Shawn Blanchard
Senior Transportation Planner
Main: 919.650.1038 | Direct: 919.230.7855 | Cell: 919.946.8759
[e-mail]
DRMP, Inc.
8000 Regency Parkway, Suite 110, Cary, NC 27518

From: Amschler, Crystal C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, April 16, 2021 1:49 PM
To: Shawn Blanchard <[e-mail]>
Cc: Christopher K. Haire <[e-mail]>; Ryan Mitchell <[e-mail]>
Subject: RE: BR-0029 Tribal Coordination

Hi Shawn,

I’m a bit confused. I do recall discussing this project with you and that you had indicated that after
speaking to the hydraulic team that the stream wouldn’t be dewatered and that riprap would not be
placed below the OHWM. With the information below you’ve stated that riprap will be placed below
the OHWM and that it won’t be placed below the OHWM in the same sentence??

“In the Hydraulic Survey Report (HSR), it does not appear that there is dewatering or riprap below
the OHWM. Riprap will be placed to the toe of the stream bank at the normal water surface
elevation; most certainly below the OHWM. In the BR-0029 Environmental Document, Question 12
pertaining towards the requirement of a 404 permit is selected “no”.”

Thinking that there is a typo in one of these phrases. Can you please clarify whether riprap will be
placed below the OHWM or not as that will determine if a permit is required or not.

Thanks,
Crystal C. Amschler
Project Manager
Asheville Regulatory
Field Office
151 Patton Avenue,
Room 208
Asheville, NC 28801
(828)-271-7980 Ext 4231

The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete the Customer Satisfaction Survey located at:

http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

From: Shawn Blanchard <[e-mail]>
Sent: Wednesday, April 14, 2021 5:05 PM
To: Amschler, Crystal C CIV USARMY CESAW (USA) <[e-mail]>
Cc: Christopher K. Haire <[e-mail]>; Ryan Mitchell <[e-mail]>
Subject: [Non-DoD Source] FW: BR-0029 Tribal Coordination

Good Afternoon Crystal,

We have been coordinating with Division 14 regarding BR-0029 and just wanted to verify some
information. When we last spoke in March, it appeared that a 404 permit was not going to be
required based on the information below:

“In the Hydraulic Survey Report (HSR), it does not appear that there is dewatering or riprap below
the OHWM. Riprap will be placed to the toe of the stream bank at the normal water surface
elevation; most certainly below the OHWM. In the BR-0029 Environmental Document, Question 12
pertaining towards the requirement of a 404 permit is selected “no”.”

Based on this information, can you confirm if a permit is not needed assuming the following is
accurate?

Thank you,
Shawn Blanchard
Senior Transportation Planner
Main: 919.650.1038 | Direct: 919.230.7855 | Cell: 919.946.8759
[e-mail]
DRMP, Inc.
8000 Regency Parkway, Suite 110, Cary, NC 27518

From: Shawn Blanchard
Sent: Monday, March 8, 2021 8:54 AM
To: Amschler, Crystal C CIV USARMY CESAW (USA) <[e-mail]>
Cc: Christopher K. Haire <[e-mail]>
Subject: RE: BR-0029 Tribal Coordination

Good Morning Crystal,

Based on our conversation with our Hydro Team, it doesn’t appear that a 404 permit will be
required. Confirming what was presented in the environmental document. With this being said,
would the USACE like to contact only the ECBI, or all tribes identified for Macon County? In doing
so, do you defer to NCDOT SMU to send out the letter(s)/email(s) or do you want this to come from
the USACE?

Thank you,
Shawn Blanchard
Senior Transportation Planner
Main: 919.650.1038 | Direct: 919.230.7855 | Cell: 919.946.8759
[e-mail]
DRMP, Inc.
8000 Regency Parkway, Suite 110, Cary, NC 27518

From: Amschler, Crystal C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, March 3, 2021 4:32 PM
To: Shawn Blanchard <[e-mail]>
Cc: Christopher K. Haire <[e-mail]>
Subject: RE: BR-0029 Tribal Coordination

Shawn,

Thanks for the additional information and clarification. Since this project was previously consulted
with ECBI, it might be a good idea to go ahead and include the other tribes in consultation and give
them a chance to see the project as well. But first we really need to figure out if there will be a
Section 404 permit first. If no permit is required, then from a 404 permitting standpoint, there
would be no need for additional coordination with the tribes. Once you verify the need for a 404
permit one way or the other let me know and we can continue the discussion on how to move
forward.

Crystal C. Amschler
Project Manager
Asheville Regulatory
Field Office
151 Patton Avenue,
Room 208
Asheville, NC 28801
(828)-271-7980 Ext 4231

The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete the Customer Satisfaction Survey located at:

http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

From: Shawn Blanchard <[e-mail]>
Sent: Tuesday, March 2, 2021 4:22 PM
To: Amschler, Crystal C CIV USARMY CESAW (USA) <[e-mail]>
Cc: Christopher K. Haire <[e-mail]>
Subject: [Non-DoD Source] RE: BR-0029 Tribal Coordination

Crystal,

In the Hydraulic Survey Report (HSR), it does not appear that there is dewatering or riprap below the
OHWM. In the BR-0029 Environmental Document, Question 12 pertaining towards the requirement
of a 404 permit is selected “no”. I will verify with our hydro group and give you a definitive answer
when I can.

BR-0029 is the Structures Management Unit Program Number/ similar to the STIP Project Number.
The bridge is actually Bridge No. 26. That can be confusing between the two numbers. I have talked
with Damon about the revised study area and the APE. The APE went out nearly 500’ from the
existing centerline and incorporates the land included in the revised study area. At this time, he has
not seen the furthest limits identified in the map as we are still waiting for confirmation if we have to
go that far out. He did state that the revised study area that has been approved, is covered in the
APE and nothing else would need to be changed in the Archaeological Survey form. I have attached
the Archaeological Survey form for you to have. You can also access the document on SharePoint
here.

I looked in to the previous Tribal Coordination and it appears that the only Tribe that was contacted
about the project was the Eastern Band of Cherokee back on August 30, 2018. Since this time,
NCDOT has revised coordination and implemented the Tribal Protocol Package. For Macon County,
the following Tribes are listed to contact.
Cherokee Nation
Eastern Band of Cherokee Indians
United Keetoowah Band of Cherokee Indians
Catawba Indian Nation
Muscogee (Creek) Nation

I spoke with Damon again this afternoon and he agrees we should contact all the Tribes. In doing so,
he asked if the Corps wants to have the PM on the project – Structures Management Unit (SMU)
sign the NCDOT letterhead and provide to you to send out to the Tribes; or do you want SMU to
send out to the Tribes and cc you on the correspondence? The Survey attached would be included
with the correspondence letter. Please let me know how you want to proceed and DRMP will work
with SMU to get the correspondence together.

Thanks again,
Shawn Blanchard
Senior Transportation Planner
Main: 919.650.1038 | Direct: 919.230.7855 | Cell: 919.946.8759
[e-mail]
DRMP, Inc.
8000 Regency Parkway, Suite 110, Cary, NC 27518

From: Amschler, Crystal C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, March 1, 2021 3:34 PM
To: Shawn Blanchard <[e-mail]>
Cc: Christopher K. Haire <[e-mail]>
Subject: RE: BR-0029 Tribal Coordination

Hi Shawn,

Thanks for the maps and additional information. My first question after looking at the
environmental document and plan is will a 404 permit even be triggered? Looks like this is a bridge
replaced with bridge and the document indicates that riprap will be placed up to the top of bank, but
I don’t necessarily see any work that might trigger a 404 permit. Will there be temporary
causeways, dewatering or riprap below the OHWM?

I reviewed the archaeological reports in the environmental document, but they indicate the
information is for bridge 26 rather than bridge 29? Is this a typo or are the wrong reports included
in the environmental document? Also, the reports indicate a survey was required but I don’t’ see
the survey report or the map showing where the subsurface studies took place like I normally see?
Is there some documentation missing or just the mapping that shows the subsurface study
locations? Also the no eligible resources found document indicates that if the APE is expanded then
additional studies may be required. AS such, and assuming that a Section 404 permit would be
required, I would direct you back to Damon Jones with the DOT archaeological group to assess
whether the archeological study needs to be expanded into the new area. If not, or even if it is and
no resources are identified, then it may not be necessary to coordinate with the tribes, but the new
106 PA and tribal protocol should be followed for this project and should help provide some
guidance on how to move forward. I’m still familiarizing myself with the new processes but I expect
Damon would have some info in this respect as well.

Hopefully this helps answer your question. if not, feel free to give me a call and we can discuss
further.

Sincerely,
Crystal C. Amschler
Project Manager
Asheville Regulatory
Field Office
151 Patton Avenue,
Room 208
Asheville, NC 28801
(828)-271-7980 Ext 4231

The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete the Customer Satisfaction Survey located at:

http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

From: Shawn Blanchard <[e-mail]>
Sent: Monday, March 1, 2021 9:45 AM
To: Amschler, Crystal C CIV USARMY CESAW (USA) <[e-mail]>
Cc: Christopher K. Haire <[e-mail]>
Subject: [Non-DoD Source] BR-0029 Tribal Coordination
Importance: High

Good Morning Crystal,

Thank you for speaking with me this morning regarding BR-0029. As I mentioned, the environmental
document for BR-0029 was signed back in August 2019 (see attached). Since this time, the Division
has presented a realignment of Happy Hill Road; which connects to the west of the bridge. I have
included a map showing the previous study area (used in the environmental document); the
current/revised study area; as well as the potential study area to accommodate the slope stakes if
necessary.

With the duration in time of the signing of the environmental document and the realignment of
Happy Hill Road, we are completing a re-evaluation/consultation document for the project. We had
sent correspondence to the tribes back in 2018. I don’t believe we received any correspondence
back from the tribe during that time. I will see if I can find any further documentation. Based on the
potential revised study area, is it in your professional judgement for the tribes to be notified once
more on the project? Please let me know as we move forward with the consultation. If you have
any further questions, please do not hesitate to get in touch with me.

Thank you,
Shawn Blanchard
Senior Transportation Planner
Main: 919.650.1038 | Direct: 919.230.7855 | Cell: 919.946.8759
[e-mail]
DRMP, Inc.
8000 Regency Parkway, Suite 110, Cary, NC 27518

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.