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HomeMy WebLinkAbout20201371 Ver 1_A-0009C_IP Application_Deficient and Supplemental Information Transmittal_20220106 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Division 14 Office Telephone: (828) 631-1145 253 Webster Road, Sylva, North Carolina 28779 Fax: (828) 586-4043 January 6, 2022 Mrs. Crystal Amschler, Project Manager U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Incomplete Individual Permit Application – Action ID No. SAW-2009-01346 A-0009C, Corridor K Appalachian Highway Development System WBS: 32572 STIP Project No. A-0009C FA No. APD-0074(178) Dear Mrs. Amschler: Please accept the information you identified in your December 17, 2021 advisement of an incomplete permit application for the subject project. The application for the project was submitted on December 16, 2021 (DWR ID 20201371, version1). The application deficiencies (missing ENG Form 4345 and the names and addresses of adjoining property owners) have now been submitted, as directed, through the e- pcn/edocs site as pdf files, as required. As also requested in your letter, pertinent project information is included in the narrative below to assist with your public interest determination and section 404(b)(1) guidelines. Note that editable versions of these files were also sent to you on January 6, 2022 via email to facilitate your final use of the information. Please contact me at (828) 586-2141 if you have any questions about this transmittal or if additional information is needed to complete the application. I regret the oversight and inconvenience. Thank You, Dave McHenry Division 14 DEO Enclosure - Supplemental Project Information 01/06/2022 A-0009C Page 2 January 6, 2022 Graham County Location The proposed project begins in Robbinsville on US 129 (Tallulah Road) approximately 0.5 miles south of the intersection of US 129 with NC 143. At the intersection, the project follows NC 143 eastwards approximately 8.8 miles to its intersection with NC 28. At NC 28, the project extends north for approximately 3 miles where it terminates at the existing four-lane section just east of Stecoah in Graham County, North Carolina. Project Area (acres): Approximately 270 acres Nearest Town: Robbinsville and Stecoah Nearest Waterway: Beech Creek, Carver Branch, Edwards Branch, Haywood Branch, Johnson’s Gap Branch, Pigpen Branch, Slay Bacon Branch, Stecoah Creek, Stillhouse Branch, Sweetwater Creek and Tulula Creek. River Basin: Upper Tennessee Latitude and Longitude: 35.377949 N, -83.665117 W 35.321148 N, -83.802697 W Existing Site Conditions Local travel from Robbinsville to Stecoah in Graham County is limited to three two-lane roads along the majority of the corridor: US 129, NC 143, and NC 28. These roads make up the main roadway network in Graham County. These roadways typically have steep grades, sharp curves, and may have paved or unpaved shoulders of varying widths or no shoulders at all. Grades often exceed 6% in mountainous areas; however, near Stecoah Gap on NC 143 the grade reaches 8%. The posted speed limit along US 129, NC 143, and NC 28 vary from 35 miles per hour (mph) to 55 mph. There are locations throughout the corridor where advisory speeds are 35, 40, and 45 mph. Reliability of these two-lane roadways can be impaired by any type of blockage or disruption due to winter weather, fog, washouts, landslides, fallen trees, traffic incidents, vehicle breakdowns, or slow- moving vehicles. Emergency medical service responders, locals, and travelers are frequently affected by roadway impairment and must wait for the road to be cleared or back track. Graham County is located along the Appalachian Mountains within the Southern Blue Ridge Mountain Physiographic Province (MLRA 130B). Topography consists of very steep mountains, rolling intermountain hills, and narrow valleys. The project study area is sparsely populated with scattered residential properties located mainly along valley streams and small coves. Approximately 18% of the land within the project study area is used for agriculture, hay, corn, and pastureland. A majority of the rugged terrain is undeveloped woodland. Outside of maintained/disturbed areas, upland forested land, more specifically Rich Cove Forest is the primary type of vegetative cover within the project area. The eastern portion of the project study area contains NFS land that is part of the Nantahala National Forest. NFS lands comprise 67% percent of the land in Graham County including a portion within the project study area in the Stecoah Gap. Most development is near the intersection of US 129 and NC 143 in Robbinsville. The proposed and existing corridors traverse rocks that make up the NW limb of the Murphy Syncline, denoted as ZWE and ZHHA on the NC State Geologic Map. ZWE is present in the Edwards Gap cut and along the north side of Stecoah Valley with ZHHA making up the rest of the project area from the intersection of NC 143/NC 28 over Stecoah Gap and through the Sweetwater Valley. ZWE is considered an acidic rock due to its richness in iron sulfide and as such, it poses a high risk of generating acid runoff. A-0009C Page 3 January 6, 2022 Graham County The proposed project is not located in any sensitive watersheds. The project is located within the following watersheds: Beech Creek, Carver Branch, Cody Branch, Edwards Branch, Harwood Branch, Johnson Gap Branch, Orr Branch, Pigpen Branch, Slay Bacon Branch, Stecoah Creek, Stillhouse Branch, Sweetwater Creek, Tulula Creek, and Wolf Creek. Field surveys identified perennial and intermittent streams, wetlands, and surface water features within the project limits. Wetlands are located throughout the project limits and are concentrated near Carver Branch, Harwood Branch, Pigpen Branch, Slay Bacon Branch, Sweetwater Creek, and Wolf Creek, and their associated tributaries. Waters within the study area drain to Santeetlah and Fontana Lakes within the Little Tennessee River basin. Beech Creek, Harwood Branch, Orr Branch, Pigpen Branch, Slay Bacon Branch, Sweetwater Creek, Tulula Creek, and their tributaries carry the Water Supply (WS) WS-III classification because they are upstream of Robbinsville’s water supply intake on Tulula Creek. Sweetwater, Stecoah, and Tulula Creeks carry the Trout Waters (Tr) supplemental classification. The remaining streams are classified as C waters which are protected for secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival, and maintenance of biological integrity, agriculture, and other uses suitable for Class C. Applicant’s Stated Purpose “The project purpose is to provide the transportation infrastructure necessary for the well-being of local residents by improving mobility and reliability between the existing four-lane section on NC 28 at Stecoah and US 129 in Robbinsville.” Project Need: “The needs for this project can be categorized into two distinct groups: physical needs and mobility needs. Physical needs include limited roadway options, steep grades, narrow shoulder widths, sharp curves, and over-capacity. Mobility needs include improved access to employment, medical facilities, commercial centers and educational facilities; commute to jobs outside of the county; inability to pass slower vehicles over substantial distances; impaired mobility; and impaired emergency medical service response times.” Project Description The North Carolina Department of Transportation (NCDOT) proposes to make improvements along US 129, NC 143, and NC 28 from Robbinsville to Stecoah in Graham County. Improvements will include widening the pavement to include climbing/passing lanes and improving shoulders for the length of the project. Waters of the US would be impacted by construction activities, i.e., widening of road and the replacement/extension of drainage structures. Detailed Study Alternatives One build alternative and the no-build alternative were selected as detailed study alternatives. Figures 1 and 2A-2T show the preferred alternative. The following is a brief description of each alternative: The No Build alternative does not meet the project’s purpose of addressing the mobility and reliability needs of the travelers using the existing road network. US 129, NC 143, and NC 28 would continue to experience narrow lane widths, sharp curves and impaired mobility with the No Build alternative. The No Build alternative represents an alternative where no construction or improvements will occur in order to provide a basis for comparing adverse impacts and benefits of the detailed study alternative. A-0009C Page 4 January 6, 2022 Graham County The Improve Existing (Alternative 1) was the Build Alternative selected as the preferred alternative i.e., the Least Environmentally Damaging Practicable Alternative (LEDPA). The LEDPA improves the existing alignments of US 129, NC 143, and NC 28 between Robbinsville and Stecoah by increasing shoulder widths and adding passing/climbing lanes for the length of the project. Based upon final design, impacts to waters of the United States for the LEDPA includes approximately 8,478 linear feet of streams and 1.14 acre of wetlands/open waters (all impacts calculated using slope stake limits plus an additional 35 feet with the exception of NFS lands and farmlands, which were calculated based on proposed right-of-way). Avoidance, Minimization, and Compensatory Mitigation NCDOT provided the following information regarding avoidance and minimization: The proposed project primarily involves improving the existing roadway by realigning substandard curves and widening the roadway (pavement and shoulders) to meet the design standards applicable for the roadway’s functional classification and to increase the safety of the traveling public. The existing roadway crosses and/or parallels Tulula Creek, Sweetwater Creek, Beech Creek, Carver Branch, Stecoah Creek and a number of smaller streams and some wetlands. avoids most Slight adjustment to the horizontal and verticval alignments were made, where practicable, to minimize jurisdictional, cultural and environmental impacts. Throughout the development of the STIP No. A-0009C, NCDOT avoided and minimized jurisdictional impacts to the maximum extent practicable. Some of these avoidance and minimization efforts include:  Providing best fit alignments including alignment shifts, symmetric and asymmetric widening.  Utilizing the maximum allowable grassed lined slopes (2:1) in jurisdictional areas.  Burying culverts and backfilling with native material where practical.  Matching existing stream slopes with proposed culvert slopes as well as removing perched outfalls.  Retaining and extending existing culverts where practicable to minimize in-stream work.  Utilizing expressway and shoulder berm gutters.  Maximizing use of shoulder sections to maximize infiltration.  Providing stable outfalls and utilizing energy dissipation where necessary.  Providing stable embankments and drainage ditches.  Incorporating floodplain benches to lower velocities and dissipate energy.  Extending existing culvert headwalls vertically, where practicable, to avoid stream loss Compensatory Mitigation of Impacts NCDOT will be using off-site mitigation provided by the North Carolina Department of Environmental Quality Division of Mitigation Services (DMS). Any mitigation requirements rests with the US Army Corps of Engineers and the NC Division of Water Resources (NCDWR). Cultural Resources Historic Architectural Resources A-0009C Page 5 January 6, 2022 Graham County Of the 38 historic properties and two historic districts (HDs) (Robbinsville Downtown HD and Cheoah HD) identified within the area of potential effect (APE), 17 buildings, 2 historic districts, and the Appalachian National Scenic Trail (ANST) are eligible for the National Register of Historic Properties (NRHP). (The Appalachian Trail was previously determined eligible for the NRHP but has not been officially listed to date.) On June 1, 2020, the effects of the proposed project on historic architecture resources were assessed on 16 properties: 13 buildings, 2 districts, and the ANST. Of the 20 eligible properties, it was determined that 4 buildings were located outside of the revised Area of Potential Effect and, thus, effect calls were not made. No Adverse Effect determinations were issued for 7 sites: Appalachian National Scenic Trail, John and Mattie Colvard House, Cody House, John and Ruby Cody House, John A. Cody House, Randolph- Stewart House, and Cheoah Historic District. No Effect determinations were issued for 9 sites: Robbinsville First Baptist Church, Old Mother Church and Cemetery, Patton Gywnn Denton House, The Hut, Robbinsville Downtown Historic District, Delma and Mary Ruth Shuler House, Stecoah School, Stecoah Baptist Church, and the Boxed House. Appalachian Trail The Appalachian National Scenic Trail (ANST) crosses NC 143 in the Stecoah gap area. In an effort to minimize impacts associated with the LEDPA, Alternative 1, NCDOT proposes to construct a land bridge across NC 143 and relocate the ANST section on the eastern side of the north-south ridgeline to the west over the land bridge to avoid adverse visual effects associated with widening the existing facility. On August 10, 2020, in a meeting involving the NC State Historic Preservation Office (SHPO), Eastern Band of Cherokee Indians Tribal Historic Preservation Office (EBCI), NCDOT Cultural Resources, Federal Highways Administration (FHWA), and the Advisory Council on Historic Preservation (ACHP), it was agreed to move forward declaring a No Adverse Effect (NAE) at the Appalachian National Scenic Trail with a commitment to enter a Programmatic Agreement (PA) that outlines procedures, roles & responsibilities, and continued consultation through the project. Archaeological Resources Archaeological survey and evaluations of the project were completed in June 2020. The management summary addresses 87 archaeological sites, including 73 sites that were identified or revisited during the 2019-2020 field investigations and two previously recorded sites that could not be revisited due to lack of access. Of the 73 sites from the 2019-2020 archaeological investigations, 54 sites were either not eligible for listing in the National Register of Historic Places (NRHP), or the portions of the sites within the surveyed corridor would not alone contribute to any potential eligibility of the sites; eleven sites were eligible for listing in the NRHP; and three sites were identified as needing further assessment, should project activities be determined to impact these sites. Archaeological resources will be captured under the Section 106 Programmatic Agreement (PA). In the event that an archaeological site eligible for the NRHP has a finding of adverse effect, the PA will spell out a process where a Memorandum of Agreement (MOA) would be developed. Cemeteries There are seven known cemeteries within the project area: 1) Old Mother Cemetery is located off of Five Point Road (SR 1275) in the western end of the project; 2) Holloway Cemetery is located approximately 600 feet southeast of NC 143 near Denton Farm Road; 3) Rice Cemetery is approximately 1,400 feet northwest of NC 143 near Rice Ridge Road; 4) Hazie Brown Cemetery is located approximately 900 feet south of NC 28 near Stecoah Road; 5) Jenkins Cemetery is located approximately 900 feet south of NC 28 near Hyde Town Road; 6) Randolph Cemetery is located approximately 600 feet north of NC 28 near A-0009C Page 6 January 6, 2022 Graham County Lower Stecoah Road; and 7) Edwards Cemetery is located approximately 1,400 feet north of NC 28 near Lower Stecoah Road. Old Mother Church and Cemetery is recommended eligible for listing on the National Register. The project will have no effect on this property. No impacts to cemeteries are proposed with LEDPA. Endangered Species The federally listed species noted in the table below were assessed and concurrence was received from the United States Fish and Wildlife Service (USFWS). At the request of the USFWS, small whorled pogonia was also evaluated, though concurrence was not required for this species. For each species, a discussion of the presence or absence of habitat is included below along with the Biological Conclusion rendered based on coordination with USFWS and survey results in the study area. With the exception of the northern long-eared bat, the USFWS concurred with these determinations on November 23, 2020. A revised concurrence letter was issued on December 3, 2021 to reflect a “may affect, not likely to adversely affect” determination for northern long-eared bat. Federally Protected Species Listed for Graham County Scientific Name Common Name Federa l Status Habita t Presen t Biological Conclusion Glyptemys muhlenbergii Bog turtle T(S/A ) N/A Not required Glaucomys sabrinus coloratus Carolina northern flying squirrel E No No Effect Myotis grisescens Gray bat E No MANLAA Myotis sodalis Indiana bat E Yes MANLAA Myotis septentrionalis Northern long-eared bat T Yes MANLAA Erimonax monachus Spotfin chub T No No Effect Alasmidonta raveneliana Appalachian elktoe E No No Effect Bombus affinis * Rusty-patched bumble bee E N/A Not Required Spiraea virginiana Virginia spiraea T Yes No Effect Gymnoderma lineare Rock gnome lichen E No No Effect E – Endangered; T – Threatened; T (S/A) – Threatened due to similarity of appearance; * - Historic record Indiana bat USFWS Recommended Survey Window: May 15-August 15 (summer); January 15-February 15 (winter) Biological Conclusion: May Affect, Not Likely to Adversely Affect. No Indiana bats were captured in surveys conducted for the project study area in 2001 or 2008-2009 (NCDOT 2009). However, the eastern end of the project study area intersects a buffer for a known Indiana bat maternity roost. A mine/cave and bridge/structure survey was completed on July 8-9, 2019 and no Indiana bats were found (Appendix C). Additionally, a review of NCNHP database (June 2019 dataset) indicates no known occurrences within 1.0 mile of the study area. Because of the potential for forest loss from the project and proximity to a A-0009C Page 7 January 6, 2022 Graham County known maternity roost, informal consultation with USFWS was required for Indiana bat. A biological conclusion of May Affect, Not Likely to Adversely Affect was rendered for this species. Northern long-eared bat USFWS Optimal Survey Window: June 1 – August 15 Biological Conclusion: May Affect, Not Likely to Adversely Affect. Nineteen (19) northern long-eared bats (NLEB) were captured in surveys conducted for the project study area in 2001 and 25 NLEB were captured in 2008-2009 (NCDOT 2009). No NLEB were found during a mine/cave and bridge/structure survey completed on July 8-9, 2019 (Appendix C). Because of a record indicative of maternity roost, informal consultation for NLEB was conducted in conjunction with formal consultation for Indiana bats. A biological conclusion of May Affect, Not Likely to Adversely Affect was rendered for this species. Gray bat USFWS Recommended Survey Window: May 15-August 15 (summer) Biological Conclusion: May Affect, Not Likely to Adversely Affect. No gray bats were captured in surveys conducted for the project study area in 2001 or 2008-2009 (NCDOT 2009). Mine/cave and bridge/structure surveys were completed on July 8-9, 2019 and no gray bats were found (Appendix C). Due to recent discoveries in neighboring areas including Cherokee and Swain Counties, the USFWS believes there is a potential that this bat species occurs in the project area. An informal consultation with USFWS was required for gray bat because of the potential for impacts to riparian areas along large streams. A biological conclusion of May Affect, Not Likely to Adversely Affect was rendered for this species.