20201371 Ver 1_EBCI 404 comments for A-0009C_scan_garysnee_2021-12-14-09-13-20_20211216

Eastern Band of Cherokee Indians
Natural Resources
P.O.Box1747
Cherokee,NC
Phone:[phone]
Fax:[phone]
TO:North Carolina Department of Transportation
FROM:Aaron Ducker,Environmental Aquatic Specialist
SUBJECT:EBCI Natural Resources comments on NC Department of Transportation road
construction/upgrades to NC 143 from SR 1223 to 0.5 miles north of the Appalachian Trail,Graham
County NC.
The Eastern Band of Cherokee Indians (EBCI)Department of Natural Resources is requesting
authorization under the Army Corps of Engineers 404 Nationwide Permit program as a representative of
the NC Department of Transportation for road construction/upgrades to NC 143 from SR 1223 to 0.5
miles north of the Appalachian Trail,Graham County,NC.
The NCDOT plans to construct/upgrade NC 143,from SR 1223 to 0.5 miles north of the Appalachian Trail.
Near the Appalachian Trail,they will construct both eastbound and westbound climbing lanes and eight-
foot paved shoulders on NC 143.Aland bridge would create a way to cross for both pedestrian users of
the Appalachian Trail and wildlife.All work will be completed in the dry and all best management
practices will be applied to the project area,following the special conditions required by the EBCI 401.
The pristine wetland and Sweetwater Creek will be avoided.Comments from the EBC!Natural Resources
program are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C.
466 et.Seq.)and the Memorandum of Agreement (MOA)developed between the U.S.Army Corps of
Engineers (Wilmington District)and the EBCI.
The EBCI do not have fish records from Sweetwater Creek.Sweetwater Creek holds a WS-II|(Water
Supply Ill)and Tr (Trout Waters)classification underthe NCDEQ.WS-II|waters are used as sources of
water supply for drinking,culinary,or food processing purposes wherea more protective WS-l or ||
classification is not feasible.These waters are also protected for Class C uses.WS-II|waters are generally
in low to moderately developed watersheds.Tr waters are a supplemental classification intended to
protect freshwaters which have conditions which shall sustain and allow for trout propagation and
survival of stocked trout ona year-round basis.This classification is not the sameas the NC Wildlife
Resources Commission's Designated Public Mountain Trout Waters designation.The EBCI Natural
Resources supports the permitting of this project with the following recommendations:
1)Stream disturbance in the creek sand in the adjacent 25-foot buffer shall be avoided from
October 15"to April 15"to avoid impacts to spawning wild trout downstream of the project
area.Project staging and preparation can proceed during this period assuming stream channel
disturbanceis avoided.
2)The logging road at Bowman Laneshould not be accessed by equipmentat any time,following
the EBC!401 special condition.
3)Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur to minimize effects on downstream aquatic resources.Herbaceous vegetation
should be planted on all bare soil within 15 days of ground disturbing activities to providelong-
term erosion control.Disturbed soils in steep slopes and riparian areas should be stabilized with
heavy fiber matting in addition to seeding.Matting should be secured in place with staples,
stakes,or wherever possible,live stakes of native trees.Discharging hydro-seed mixtures and
washing out hydro-seeders and other equipmentin or adjacent to surface waters is prohibited.
4)Heavy equipment should be utilized from the stream bank and notin the channel whenever
feasible.All mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,lubricants,hydraulic
fluids,or other toxic materials.Uncured concrete must not contact the stream because this can
kill fish.
5)All work within the stream should be completed in the dry with the use of temporary diversion
structures.Materials used for flow diversions should beremoved from the stream bed after
completing the construction work.
6)Any culverts that are being installed for this project should be properly imbedded in the thalweg
andinstalled at the stream grade.If gradient of any new culvert is too great,aquaticorganism
passage may not be possible.
7)Riprap placed for bank stabilization should be limited to the stream bank below the high-water
mark and vegetation should be used above.Rip rap should not be placed in the stream channel
in a manner that obstructs aquaticlife passage.
Thank you for the opportunity to review and comment on this regulatory action.Please contact me at
[phone] if you have any questions about these comments or require further assistance.
Sincerely,
Ue LA,
Aaron Ducker
Environmental Aquatic Specialist
EBC!Natural Resources
Cc:Mr.Michael LaVoie,Program Manager