20140684 Ver 1_Application_20140730

Categorical Exclusion Form
Nantahala National Forest
North Carolina
Project: NC ERFO FSR 2013-1(1) Date: Mav 15, 2014
Project description, including location:
The Eastern Federal Lands Highway Division, of the Federal Highway Administration (FHWA),
in cooperation with the USDA Porest Service, is preparing plans to repair five disaster sites on
Tatham Gap Road (Route 423) within the Nantahala National Forest. Heavy rains in early 2013
saturated the area, causing slope failure. The five sites are located in Cherokee and Graham
County, North Carolina. The sites are identified by their location along Route 423: Site 423-
1.89, Site 423-3.39, Site 423-3.48, Site 423-6.422, and Site 423-7.285. The proposed site repairs
would include the removal of slide material, stabilization of the failed slope, drainage
improvement and roadway reconstruction.
Mitigation measures:
. Tree clearing will be necessary in arder to complete the repairs. In order to auoid adverse
impacts to the Indiana bat and the northern long-eared bat, all tree removal will be
completed between October 15 and April 15.
. Two intersections with the Trail of Tears and two additional known sensitive areas have
been identified and will be auoided during the construction of the project.
• An archeological monitor will be onsite during all ground disturbing activities.
Describe the category used to exclude the action from further NEPA:
23 CFR 771.117(d)(1): Modernization of a highway by resurfacing, restoration, rehabilitation,
reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weauing, turning,
climbing).
Describe any public or agency involvement effort conducted:
By letter dated March 14, 2014 to the North Carolina State Historic Preservation Office (SHPO),
the FHWA determined that the proposed project would have no adverse efPect on historic
resources. The Cherokee Trail of Tears and Tatham Gap Road are in close proximity and
intersect along TatHam Gap Road. Through coordination with the Forest Service, two
intersections with the Trail of Tears and two additional known sensitive areas have been
identifieci and wiii be avoided during tne construction oi the project. !�n archeoiogicai monitor
will also be onsite during all ground disturbing activities. The SHPO responded in a letter dated
April 11, 2014, stating, "The proposed slide repairs are in close proximity to the Cherokee Trail
of Tears. It is our understanding that the sensitive areas associated with the Trail of Tears will be
avoided during construction and that ground distarbing activities will be monitored by a
professional archaeologist. Therefore, we concur that with these conditions there will be no
adverse effects to any historic properties or sites as a result of the proposed undertaking."

A letter dated March 14, 2014 was sent to the National Park Service National Trails requesting
concurrence that there would be no adverse effect on cultural resources. A response was not
received.
Letters dated M2rch 14, 2014 were also sent to the Cherokee Nation, �astern Band of Cherokee
Indians, United Keetoowah Band of Cherokee Indians, Muscogee Creek Nation, Kialegee Tribal
Town providing information regarding the project and requesting concurrence that the project
would have no adverse effect on cultural resources. On April 11, 2014, the Muscogee (Creek)
Nation responded that, "At this time we have no concerns about the repair of the Tatham Gap
road within the Nantahala National Forest in Cherokee County, Narth Carolina. We concur the
project should have no adverse effect on cultural resources." The United Keetoowah Band of
Cherokee Indians in Oklahoma stated on March 27, 2014 that they haue no comments or
objections regarding the project. Responses have not been received from the Cherokee Nation,
Eastern Band of Cherokee Indians and Kialegee Tribal Town. They were contacted via phone
and email on May 15, 2014 regarding their concurrence with the determination. Per 36 CTR Part
800.5(c)(1), failure of the SHPO/TIIPO to respond within 30 days from the receipt of the finding
sha11 be considered agreement of the SI IPO/THPO with the f nding. The letters were sent via
certifed mail, and receipts indicate that all three letters were received on March 17, 2014.
However, if responses are received that identify concerns regarding the project, the concerns will
be resolved as appropriate.
The P'HWA requested review of the project by the North Carolina Natural Heritage Program by
letter dated Apri13, 2014. In a letter dated Apri19, 2014, the North Carolina Nataral Heritage
Program stated that they had no records of any rare species or signifcant natural communities
within one mile of the project loeations.
By letter dated Apri121, 2014 to the U.S. Fish and Wildlife Service (Service), theFHWA
determined that the proposed project may affect, but is not likely to adversely affect the Indiana
bat (Myotis sodalis). FHWA also requested an informal conference regarding the potential for
adverse effects to the northern long-eared bat (Myotis septentrionalis). All tree removal will be
completed between October 15 and April 15 in order to avoid adverse impacts to the Indiana bat
and the northern long-eared bat. In a letter dated May 14, 2014, the Service stated, "Based on
the information provided in your letter and a review of our records, we concur with your
as§essment that the project, as proposed, is not likely to adversely affect the Indiana bat, nor is it
likely to jeopardize (as described inSection 7(a)(4) of the Endangered Species Act of 1973) the
northern long-eared bat."

23 CFR 771.117 Categorical exclusions (CEs) are actions which meet the deiinition contained
in 40 CFR 1508.4, and, based on past experience with similar actions, do not involve significant
environmental impacts.
The ro osed action will: Y�S NO
Induce significant impacts to planned growth or X
land use for the area
Require the relocation of significant numbers of
people X
Have a significant impact on any natural, cultural,
recreational, historic, or other resource X
Involve significant air, noise, or water quality
impacts X
Have significant impacts on travel patterns X
Otherwise, either individually or cumulatively have
any signifcant environmental impacts X
If any box is checked yes, the action may not be categorically excluded and an EA or EIS must
be prepared. lf none are checked yes, attacli Environmental Screening Form, notes from
consultation with agencies and/or the public, notes of site visits and any other material related to
the environmental impact of the proposal. This becomes the NEPA piece of the statutory
compliance file.

On the Uasis of the environtnental impact information in the statutory compliance f le, with
which 1 am familiar, I believe the project should be categorically excluded from further NEPA
analysis.
Prepared by:
l��x���S�
Lisa T. Landers
Environmental Protection Specialist
Federal Highway Administration
Eastern Federal Lands Highway Division
�J� 15) 4�-t
Date
On tlie basis of the environmental impact inPormation in the statutory compliance file, with
which I am familiar, I am categorically excluding the described project from further NEPA
analysis. No exceptional circumstances (i.e., a11 boxes in the ESF are marked "no") or conditions
apply and the action is fu11y described in 23 CFR 771117(d)(1):
__-----� . ��"��
Kevin S. Rose
Environmental Compliance Specialist
Federal Highway Administration
Eastern Federal Lands Highway Division
'�/f ��—
Date

Environmental Screeneng Form
Project: NC �RFO FSR 2013-1(11 Date: Mav 15, 2014
Yes No Don't
Know
1. Described fully in one of the list of categorically excluded actions7 x
2. Consultation with any affected agencies or tribes complete? x
3. Site visit completed? x
4. Are any signif7cant impacts possible on the following physical,
natural, or culturalresources7*
A. Geological resources - soils, bedeocic, streambeds, etc. x
B.From geohazards? x
C. Air Quality, Traffic, or fi•om Noise x
D. Water Quality or Quantity x
�. Streamflow characteristics X
F. Marine or Estuarine Resources none
G. Land Use, including agricultural lands x
H. Rare or unusual vegetation-old growCh timber, riparitw, x
alpine, etc.
L Species of special concern (plairt or animal; state or federal x
listed or proposed for listing) or thair habitat
7. Uuique ecosystems, biosphere reserves, World Heritage sites x
K. Unique or importuit wildlife or wildlife habitat x
L. Unique or important fish or fisl� habitat none
M. Introduce or promote non-native species (plant or animal) x
N. Recreation resources x
O. Visitor experience, aesthetic resources x
P. Cultural resources, cultural landscape, etc. x
Q. Minority and Low Income Populations x
R. Sacioeconomics x
S. �nergy Resources x

Yes No Don't
Know
T. Other ageucy or tribal luid use plans or policies x
U. Resource;including energy, conservatiou potential x
V. Urban quality, gateway eommuiiities, etc. none
W. Long term mauageinent of resources or land/resource x
productivity
* Insert the word "none" in the "no column" if the reason that a resource is not impacted is
because the resource is not found in the project area.
This form is meant to be annotated with relevant information, such as notes oP site visit,
personnel conducting the site visit, agency officials contacted azid their responses, etc. A site
visit is required to complete this form, and so is required to categorically exclude a project (sec
3-4), prepare an EA or prepare an EIS.
If the answers to questions 1-3 are yes, and all answers to number 4 are no, complete the
categorical exclusion checklist. If any of the answers to question 4 are don't know, complete an
EA. If any are answered yes, either a mitigated EA or EIS is required.

�
LLS Department
of Trcu�sporfation
Federal Hlghwcy
Adminlstrotton
Eastern Federal Lands 21400 Ridgetop Circle
Highway Division Sterifng, VA 20166-6611
apR Z � 2a�4 In Reply Refer to: HFPP-IS
FEDERAL EXPI2ESS
Mr. Allen Ratzlaff
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801
Subject: Project NC ERFO 2013-i (1) Tatham Gap Road Slide Repair
Nantahala National Forest
Endangered Species Act Section 7 Consaltation
Log Number 4-2-14-175
Deaz Mr. Ratzlaff:
The �astern Rederal Lands Highway Division, of the Federal Highway Administration (FHWA),
in cooperation with the USDA Forest Service, is preparing plans to repair five disaster sites on
Tatham Gap Road (Roirte 423) within the Nantahala National Forest. Heavy rains in early 2013
saturated the area, causing slope failure. The tive sites are located in two coLmties. Sites 423-
1.89, 423-339, and 423-3.48 are located in Cherokee County, North Carolina. Sites 423-6.422
and 423-7.285 aze located in Graham County, North Carolina.
Thank you for providirig us with an afFicial spacies list for the project. In your letter dated April
18, 2014, you indicated that the endangered Indiana bat (Myotis sodadis) is the only federally
listeci species likely to occur in the project area; however, the northern long-eared bat (Myotis
septentrionalis), a species proposed for listing as an endangered species on October 2, 2013, is
also known to oceur in the project area.
The proposed site repairs would include the removal of slide material, stabilization of the failed
slope, drainaga improvement and roadway reconstruction. Tree cleazing would be necessary in
order to complete the repairs. In order to avoid adverse impacts to the Indiana bat and the
northern long-eared bat, all tree removal would be completed between October 15 and April 15.
FHWA has determined that the proposed project may affect, but is not likely to adversely affect
the Indiana bat. FHWA would like to request an informal conference regardin� the potential for
adverse efFects to the northern long-eared bat. The tree clearing restrictions for the project, as
listed above, would also serve to awid adverse impacts to the northern long-eared bat. The
proposed project would not adversely affect the northern long-eared bat.

Enclosed you will find a location map. Please provide us with your respnnse within 30 days of
receipt of this letter. If you have any questions, please contact Ms. Lisa Landers, Environmental
Protection Specialist, at Lisa.Landersn,dot.eov or [phone].
Sincerely,
fK���-.:��
�
Kevin S. Rose
Environmental Compliance Specialist
Enclosures
cc:
Mr. Steverson Moffat, Planner, USDA Forest Service, Murphy, NC

H,ENT O
��,M1 hF,
2A
P
y 5
� a
-'0 q
� CH 3 � p
United States Dep�rtment of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field OfEce
160 Zillico� Snreet
Asheville, Nort6 Cnrolinn 28801
May 14, 2014
Mr. Kevin S. Rose
Environmental Compliance Specialist
Federal Highway Administration
21400 Ridgetop Circle
Sterling, VA 20166
Dear Mr. Rose:
Subject: Repair of Landslide Damage (5 Sites) on Tatham Gap Road, Cherokee and Graham
Counties, North Carolina
In your letter of April 21, 2014 (received Apri122, 2014), you provided a response to our
previous letter (April 18, 2014) and requested our comnients about proposed protective measures
for the federally endangered Indiana bat (Myotis sodalis) and proposed endangered northern
long-eared bat (Myotis septentrionalis) in the subject project aeea. The following comments are
provided in accordance with the provisions of section 7 of the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531-1543) (Act).
Your letter states "The proposed site repairs would include the removal of slide material,
stabilization of the failed slope, drainage improvement and roadway reconstruction. Tree
clearing would be necessary in order to complete the repairs. In order to avoid adverse impacts
to the Indiana bat and the northern long-eared bat, all tree removal would be completed between
October 15 and April 15." Because of the restricted tree re�noval period, the I'ederal Highway
Administration determined that the proposed project may affect, but is not likely to adversely
afFect Yhe Indiana bat. Further, your letter also states that the tree clearing restrictions
implemented to protect the Indiana bat would also serve to "avoid" adverse impacts to the
northern long-eared bat and thus, the proposed project would not adverSely affect the northern
long-eared bat.
Based on the information provided in your letter and a review of our records, we concur with
your assessment ihat the projecC, as proposed, is not likely tn adversely affect the Indiana bat nor
is it likely to jeopardize (as described in Section 7(a)(4) of the Endangered Species Act of 1973)
the northern long-eared bat. Therefore, the requirements under section 7(c) of the Endangered
Species Act are fulfilled. However, obligations under section 7 of the �ndangered Species Act
must be reconsidered if: (1) new information reveals impacts of this identified action that may

affect listed species or critical habitat in a mannar not previously considered, (2) this action is
subsequently modified in a manner that was not considered in this review, or (3) a new species is
listed or critical habitat is detennined that may be affected by the identifed actions.
Your letter also aslced that our agencies enter an Informal Conference as described in Section
7(a)(4) of the Endangered Species Act so that once the northern long-eared bat is placed on the
endangered species list, all of the necessary protective measures are in place to minimiza the
ePfects of the proposed project on the species and to minimize the impacts of the listing on the
project. Based on the information in the Conference Guidance for the northern long-eared bat,
mature forest is considered to Ue their most impoMant foraging and roosting habitat. IIowever, the
availability of suitable habitat is geverally not considered a limiting factor, partioularly in the project
area. The Conference Guidance also states ihat buffers should be in place of 0.5 miles from a lrnown
liibernaculum, 3 miles fro�n a mist net capture site, and greatsr tlian 1.5 miles froin a laiowu
maternity roost site. All five of the project sites curreutly meet these criteria. With the FHwA's
additional commitment to do no tree felling betwean April l5 and October 15 (which will minirnize
the possibility of direct "talce"), we believe that once the northern long-eared bat has been placed on
the endangered species list, that the proposed five project are not likely to adversely affect the
species. This letCer serves as our couference report and unless new information reveals impacts of
the identified actions that inay affect the species in a manner not previously considered or the
proposed actions are subsequently modified in a manner that was not considered in this review,
there will be no need for the FHwA to initiate informal or formal consultation for the northern
long-eared bat once the species is listed.
Thank you for allowing us to comment on this project. Please contact Mr. Allen Ratzlaff of our
staff at 828/258-3939, Ext. 229, if you have any questions. In any future correspondence
concerning this project, please reference our Log Number 4-2-14-175.
cc:
North Carolina Wildlife Resources Commission, Attention: Doug Besler, 645 Fish Hatchery
Road, Marion, NC 28752

�
US.Departmc-�1
ofTransportation
Federai Highway
AdminlsiraPion
Eastem Federel Lands 21400 Ridgetop Circle
Highway Division Steriing, VA 20166-6511 �
APR - 3 2U1L�; In Reply Refer to; HFPP-15
Ms. Allison Weakley
Conservation Planner
North Carolina Natural Heritage Program
Information Request
1601 Mail Service Center
Raleigh, NC 27699-160I
Subject: Project NC ERFO 2013-1(1) Tatham Gap Road Slide Repair
Nantahala National Forest
Natural Heritage Review
Dear Ms. Weakley:
The Eastern Federal Lands Highway Division, of the Federal Highway Administration (I'HWA),
in cooperation with the USDA Forest Service, is prepazing plans to repair five disaster sites on
Tatham Gap Road (Route 423) within the Nantahala National Forest. Heavy reins in early 2013
saturated the area causing slope failure. The work at sites 423-1.$9, 423-3.39, and 423-3.48
includes removal of slide material and stabilization of failed slope and roadway reconstruction in
Cherokee County, North Carolina. The work at sites 423-6.422 and 423-7.285 includes drainage
improvement in Graham County, North Carolina.
Enclosed you will find an infonnation request form for each site, an Andrews Quadrangle
topographic map; a Robbinsville Quadrangle topographic map, a location map, and photographs
of the project area. Please review the proposed project and provide us with comments and
information in regard to potenual impacts to species and natural comrnm�iUes of conservation
concern. Ifpossible, please identify specific areas where concerns are present, and include any
required or suggested measures to avoid or minimize impacts. A letter has also been sent to the
U.S. Fish and Wildlife Service.
Please provide us with your resp�nse within 30 days of receipt of this letter. If you have any
questions concerning this matter, please contact Ms. Lisa Landers, Environmental Protection
Specialist, at Lis�.Lauders(�ao.dotgov or [phone].
Sincerely,
v �'�/��___�—��
���
Kevin S. Rose
Environmental Compliance Specialist
EnClosure

CC �
Mr. Rodney 7. Snedeker, ForesY ArcheologisUTribal Liaison, USDA Forest Service, Asheville,
NC
Mr. Andrew M. Triplett, Archaeologist, USDA Forest Service, Murphy, NC
Mr. Steverson Moffat, Planner, USDA Forest Service, Murphy; NC

���
I�CDE�IR
North Carolina Department of Environment and Natural Resources
Office of Land and Water Stewardship
Pat McCrory Bryan Gossage John E. Skvarla, III
Governor �ireaor Secretary
Apri19, 2014
Kevin S. Rose
Federal Highway Administration
21400 Ridgetop Circle
Sterling, VA 20166
Subject: HFPP-15
Project NC ERFO 2013-1(1) Tathaxn Gap Road Slide Repair
Dear Mr. Rose:
Thank you for consulting the North Carolina Natural Heritage Program about this project. We
have no records of any rare species or significant naturaY communities within one mile of the
project locations, in any setting where they would be affected by the project. There is a
significant natural heritage area, laiown an Gipp Creek/Johanna Bald, located within one mile to
the east; however, it is separated from Tatham Gap Road by a valley, receives no drainage from
the project area, and should be unaffected by the road repair.
Sincerely,
�.�, e,l� � �'1.��
Michael P. Schafale
Natural Heritagc Program
1601 Mail Service Center, Raleigh, Nodh Carolina 27699-1601
Phone: [phone]ntemet: www.ncdencgov
An Equal Opportunity 1 Alfirmative AcUon Employer— 50% Recycled 110%POSI Consumer Paper

�
US,Department
of Transportation
Fedeml Hlghway
Adminlstrafton
CERTIFIED MATL
Dr. Richazd Allen
Policy Analyst NAGPRA/Section 106
Cherokee Nation
P,O. Box 948
Tahlequah, OK 74465
Eastern Federal Lands 21400 Ridgetop Circle
Highway Division Sterling, VA 20988-8511
��AR �� 2+���3 In Reply Refer to: HFPP-15
Snbject: Project NC ERFO FSR 2013-1(1), Tatham Gap Road Slide Repair
Nazitahala National Forest
Section 106 Consultation
Dear Dr. Allen:
The Eastern Federal Lands Highway Division, of the Federal Highway Administration (FHWA),
in cooperadon with the Forest Service, is preparing plans to repair five disaster sites on Tathatn
Gap Road (Route 423) within the Nantahala National Forest. IIeavy rains in early 2013
saturated the area causiiig slope failure. The work includes removal of the slide rnaterial and
stabilization of failed sl�pe, roadway reconstruction, and drainage improvement in Graharn and
Cherokee Counties, North.Carolina.
The Cheinkee Trail of Teazs and Tatham Gap Road aze in very close proximity to one another,
and the Trail of Teazs crosses the Tatham Gap Road at a few locations. Through coordination
with the Forest Servioe, we have identified tvuo interscctions o£ Cherokee Trail ofTears and
Tatham Gap Road and two known sensitive azeas to be avoided. The enclosed location map
identifies the area of potenfial effect (APE) which includes the disaster site repair locations and
proposed/potential staging areas. The second ma� identifies the areas of concern that would not
be disYUrbed during construction. The locations of the Cherokee Trail of Tears intersections and
the two known sensitive areas are not located at the disaster sites; therefore they will not be
impacted by this project. The project plans and specifications would indicate that these locations
must not be disturbed during construction. Also, an archaeological monitor would be onsite
during all ground disturbing activities.
The FHWA has determined that there would be no adverse effects to cultural resources as a
result of the proposed action. The FHWA respectfully requests your review of the proposed
project and concurrence with our determination. Enclosed vou will find ohotos of the disaster
sites and the two location maps. The FHWA respectfully requests the favor of your response
within 30 days of receipt of this letter.

2
If you haue any questions, please cont2ct Ms. Lisa Landers, Environmental Protection S�ecialist,
at Lisa.Landersna,dot.�ov or [phone]:
Sincerely yours,
y��=-' ✓'�f%%�
Kevin S. Rose
Environmental Compliance Specialist
Enclosures
cc:
Mr. Rodney J. Snedeker, Forest Archeologist/Tribal Liais�n, USDA Forest Service, Asheville,
NC
Mr. Andrew NL. Triplett, Archaeologist, USDA Forest Serviee, Murphy, NC
Mr. Steverson Moffat, Planner,USDA Forest Service, Murphy, NC
FH�VA:HFPPIS:G�ostelio:6314:am:3/'14l14: M:\PROJECTS\ FS\NC\2013-1(1)1P&P�nviranl
NEPA1Secfion 106\NC �RFQ 2013-1(1) Allen - THPO letter.docx
cc: Chrono, Original File Copy, P&P Reading, HD(Hailegiorgis, Johnson)
External Contacts
rsnedekerCc�fs,fed.us
atri J�ttlt�,fs.fed.us
smaffat a;fs.fed.us
918-453-5466

�
uS Depariment
of Transpprtafion
Federal Hlphway
Adminlstratton
CERTIFIED MAIL
Mr. Tiger Hobia
Mekko
I�ialegee Tribal Town
P.O. Box 332
Wetumka, OK 74883
Eastem Federal Lands 21400 Ridgetop Circle
liighway Division Sterling, VA 20168-8511
t�AR �� 4 20��� In Reply Refer to: HFPP-15
Subject: Project NC ERFO FSR 2013-1(1), Tatham Gap Road Slide Repair
Nantahala National Forest
Section 106 Consultation
Dear Mr. Hobia:
The Eastern Federttl Lttnds Highway Division, of the Federal Highway Administration (FHWA),
in cooperation with the Forest Service, is preparing plans to repair five disaster sites on Tatham
Gap Road (Route 423} within the Nantahala National Torest. Heavy rains in early 2013
saturated the area causing slope failure. The work includes removal of tihe slide material and
stabilization of failed slope, roadway reconstruction, and drainage improvement in Graham and
Cherokee Counties, North Carolina.
The Cherokee Trail of Tears and Tatham Gap Road are in very close proximity to one another,
and the Trai] of Tears crosses the Tatham Gap Road at a£ew locations. Through coordination
with the Forest Service, we have identified two intersections of Cherokee Trail of Tears and
Tatham Gap Road and two known sensitive areas to be avoided. The enclosed location map
idenGfies the area of potential effect (APE) which includes the disaster site repair locations and
proposed/potenrial staging area5. The second map identifies the areas of concern that would not
be disturbed during eonstruction. The locations of the Cherokee Trail �f Teazs intersections and
the two known sensitive areas are not located at the disaster sites; therefare they will not be
impacted by this praject. The praject plans and specifications would indicate that these locations
must not be disturbed during consU�uction. Also, an archaeological monitor would be onsite
durin� all ground disturbing activities.
The FHWA has determined that there would be no adverse effects to cultural resources as a
result of the proposed action. The FHWA respectfully requests your review of the proposed
project and concurrence with our determination. Enclosed you will find photos of the disaster
sites and the two location maps. The FHWA respectfully requests the favor of your response
within 30 days of receipt of this letter.

z
If you have any questions, please contact Ms. Lisa Landers, Environmental Yrotection Specialist,
at Lisa.Landersnea.dot:�o_v_ or [phone].
Sincerely yaurs,
���.-____�i- �j��
Kevin S. Rose
Environmental Complianae SpecialisY
Enclosures
CC:
Mr. Rodneq J. Snedeker, Forest Areheologist/Tribal Liaison, t7SDA Forest Service, Asheville,
NC
Mr. Andrew M. Triplett, Archaeologist, USDA Forest Service, Murphy; NC
Mr. Steverson Moffat, Planner, USDA Forest Service, Murphy, NC

�
US DeparimenT
of Transportation
Federal Htghway
Administratton
Eastem Federal Lands 21400 Ridgetop Circle
Highway Division Sterling, VA 20186-6511
MAR l � 2�i;r� �
In Reply Refer to: HFPP-15
CEIiTIFIED MAIL
Ms. Lisa LaRue
Historic Preservation Officer
United Keetoowah Band of Cherokee Indians
Y.O. Box 746
Tahlequah,-0K 74465
Subject: Project NC ERFO FSR 2013-1(1), Tatham Gap Road Slide Repair
Nantahala National Forest
Section 106 Consultation
Dear Ms. La12ue:
The �astern Federal Lands Highway Division, of the Federal Highway Administration (FHWA),
'rn cooperation with the Forest Service, is preparing plans to repair five disaster sites on Tatham
Gap Ro�d (Route 423) within the Nantahala National Forest. Heavy rains in eazly 2013
saturated the area caasing slope failure. The wark includes removal of the slide material and
stabilization of failed slope, roadway reconstruction, and drainage improvement in Graham and
Cherokee Counties, North Carolina.
Tlxe Cherokee Trail of Tears and Tatham Gap Road aze in very close proximity to one another,
and the Trail of Tears crosses the Tatham Gap Road at a few locations. Through coordinafion
wifh the Forest Service, we have identified two intersections of Cherokee TraiLof Tears and
Tatham Gap Road and two known sensitive azeas to be avoided. The enclosed location map
identiffes the area of potential effect (APE) which includes the disaster site repair locations and
proposed/potential staging areas. The. second map identifies the azeas of concem that would not
be disturbed during construction. The locations of the Cherokee Trail of Tears intersections and
the two known sensitive areas are not located at the disaster sites; therefore they will not be
impacted by tivs project. The project plans and specificadons would indicate that these locations
must not be disturbed during construction. Also, an archaeological monitor would be onsite
during all ground disturbing activities.
The FHWA has deterntined that there would be no adverse effects to culfural resources as a
result of the proposed action. The FHWA respectfully requests your review of the proposed
project and concurrence with our determination. Enclosed you will find photos of the disaster
sites an8 the two location maps. The FHWA respectfully requests Che favor of your response
within 30 days of receipt of this7etter.

�
If you haue any questions, please contact Ms. Lisa Landers, Environmental Protection Specialist,
� at Lisa.Landersl�rr,dot:�ov ar (S71) 434-1592.
Sincerely yours,
��. �
Kevin S, Rose
Environmental Compliance Specialist
Enclostu'es
cc:
Mr. Rodney J. Snedeker, Forest Archeologist/Tribal Liaison, USDA Forest Service, Asheville,
NC
1vlr. Andrew M. Triplett, Archaeologist, USDA Forest Service, Murphy, NG
Mr. 5teverson Moffat, Planner, USDA Forest Service, Murphy, NC

Landers, Lisa (FHWA)
From: Lisa LaRue-Baker - UKB THPO <[e-mail]>
Sent: Thursday, March 27, 2014 5:03 PM
To: Landers, Lisa (FHWA)
Cc: verna; Ernestine Berry
Subject: NC ERFO FSR 2013 -1 (1) Tatham Gap Road Slide Repair, Nantahala National Forest
The United Keetoowah Band of Cherokee Indians in Oklahoma has reviewed your project under Section 106 of
the NHI'A, and at this time, have no comments or objections. However, should any human remains be
inadvertently discovered, please cease all work and contact us immediately.
Thank you,
Lisa C. Baker
Acting THPO
United Keetoowah Band of Cherokee Indians in Oklahoma
PO Box 746
Tahlequah, OK 74465
c 918.822.1952
u kbth po-laru eCcDya hoo. co m
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��I
USDeparhnent
of TrarispOrtalion
Federal Highway
Adminis4rafion
CERTIFIED MATL
Mr. Aaron Mahr
Eastern Federal Lands 21400 Ridgetop Cirde
Highway Divislon Sterling, VA 20166-6511
�AR ������� In Reply Refer to: HFPP-15
Superintendent
NPS National Trails Intermountain Region
P.O. Box 728
Santa Fe, NM 87504
Subject: Project NC ERFO FSR 2013-1(1), Tatham Gap Road Slide Repair
Nantahala National Forest
Section 106 Consultation
Dear Mr. Mahr:
The Eastern Federal Lands Highway Division, ofthe Federal Highway Admuustration (FHWA),
in cooperation with the Forest Service, is preparing plans W repair five disaster sites on Tatham
Gap Road (Route 423) within the Nantahala Nalional Foresk Heavy rains in early 2013
saturated the area causing slope failure. The work includes removal of the slide material and
stabilization of failed: slope, roadway reconsuuction, and drainage ixnprovement in Graham and
Cherokee Counties, North Carolina.
The Cherokee Trail of Tears and Tatham Gap Road are in very close proximity to one another,
and the Trail of Tears crosses the Tatham Gap Road at a few locations. Through coordination
with the Forest Service, we have ideutified two intersections of Cherokee Trail of Teazs and
Tatham Gag Road and two known sensitive areas to be avoided. The enclosed location map
identif'ies the area of potential effect (APE) which includes the disaster site repair locations and
proposed/potential staging areas. The second map identifies the azeas of concern that would not
be disturbed during construction. The locations of the Cherokee Trail of Teazs intersections and
the two lcnown sensitive areas are not located at the disaster sites; therefore they will not be
impacted by this project. The project plans and specifications would indicate that these locations
must not be disturbed during construction. Also, an archaeological monitor would be onsite
during a11 ground disturbing activities.
The FHWA has determined that there would be no adverse effects to cultural resources as a
result of the pr�posed action. The FHWA respectfully requests your review of the proposed
project and concurrence with our determination. Enclosed you will find uhotos of the disaster
sites and the two location maps. The FHWA respectfuliy requests the favor of your response
within 30 days of receipt of this letter.

a
If you have any questions, please contact Ms. Lisa Landers, Envirpnmental Prntection Specialist,
at Lisa Landersna,�dot.gov or [phone].
Sincerely yours,
fr�?G--•�• ;/�'i°��
Kevin S. Rosa
Environmental Compliance Sp�ecial3st
Enclosures
cc;
Mr. Rodney J. Snedeker, Forest Archeologist/Tribal Liaison, USDA Forest Service, Asheville,
NC
Mr. Andrew M. Triplett, Archaeologist, USDA Forest Service, Murphy, NC
IVIr. Steverson Maf£at, Planner, CJSDA Norest Service, Murphy, NC

�
USDepartmc>nt
of Transportatian
Federal Wighway
/Wminlstration
Eastern Federal Lands 21400 Ridgetop Circle
Highway Division Sterling, VA 20166-6511
h1AR Y 4_ `LUi�! In Reply Refer to: HFPP-15
FCDERAL EXPRESS
Ms. Renee Gledhill-Earley
Environinental Review Coordinator
North Carolina State Historic Preservarion Office
109 E. Jones Street
Raleigh; NC 27601
Subject: Project NC ETtFO FSR 2013-1(1), Tatham Gap Road Slide Repair
Nantahala National Forest
Section 106 Consultation
Dear Ms. Gledhill-�arley:
The Eastern Federal Lands Highway Division, of the Federal Highway Administration (FHWA),
in coopexation with the Forest Service, is preparing plans to repair five disaster sites on Tatham
Gap Road (Route 423) within the Nantahala Naiional Forest. Heauy rains in early 2013
saturated the area causing slope failure. The work includes removal of the slide material axid
stabilization of failed slope, roadway reconstruction, and drainage improvement in Graham and
Cherokee Counties, North Carolina.
The Cherokee Trail of Tears and Tatham Gap Road are in very close proximity to one another,
and the Trail of Tears crosses the Tatham Gap Ro�d at a few locations: Through coordination
with the Forest Service, we have identified two intersections of Cherokee Trail of Tears �nd .
Tatham Gap Road and two known sensitive areas to be avoided. The enclosed location map
identifies the area of potential effect (AP�) wliich ineludes the disaster site repair locations and
proposed/potential staging areas. The second map identifies the areas of concern that would not
be disturbed during construction. The locations of the Cherokee Trail of Tears intersections and
the two known sensi6ve azeas are not located at the disaster sites; therefare they will not be
impacted by this project. The project plans and specifications would indicate that these locations
must not be disturbed during construction. Also, an archaeological monitor would be onsite
during a11 ground disturbing activities.
The FHWA has determined that there would be no adverse effects to cultural resources as a
result of the proposed action. The FHWA respectfully requests your review of the proposed
project and concurrence with our determination. �nclosed you will find photos of the disaster
sites and the two location maps. The FHWA respectfully requests ihe Favor of your response
within 30 days of receipt of this lecter.

--------- ----------------------------
- - ---------------- �i
----------- --- - �
�
I£ you have any questions, please contact Ms. Lisa Landers, Envir�nmental Protection Spacialist,
at Lisa.LandersC�dot.gov c�r (5'71) 434-1542. I
Sincerely yours,
i��� � '��
«% �
Kevin S. Rose
Environmental Compliance Specialist
Enclosures
cc:
Mr. Rodiiey J. Snedeker, Forest ArcheologistlTribal Liaison, USDA Forast Service, Asheville,
NC
Mr, Andrew M. Triplett, Archaeoingist, USDA Forest Service, Murphy, NC
Mr. Steverson Moffat, Plannec, USDA Forest Service, Murphy, NC

d.��a.51'Ai£°�
� Ai�rt � �,ll_ l ..e . ..,
'�n�...wo" � �- � il':°, ,
Iit_ �_�i :� `....'..:
North Carolina Department of Cultural Resources2�' `�� �`r ����'f i I�� I 7
StateFiistoticPceservationOffice � �':j;:;,,; - � -
R�moi�1 M. B�rrox, .ldminiwnatnc 4. .•. � ( � _ -,:': ., . . � ��. _• .
GocemorPat�4cCxory � . � ORi4�{)�.tlfq�iiveypn�l-�s[c�ry
Secremry Susmi Kluttz pep'niy tieciel:uy Kcvi�i`C6cny
Apri111, 2014
Kevin Rose
FedeLal High�v�y Adinuustxation
214Q012id�etop C�cle
Steiling, VA 20166
Re: Tatham G1p Ro1d Slide Repau, Nlntahala Nnuonal I'oxest, HFPP-15,
Project NC ERFO PSR 2013-1(1), G��ahxm and Cheiokee Counties, L,R 14-0552
llear. Mr. Rose:
T'hank you foi youc lettei of Maxch 14, 2014, concerning the aUove pioject.
The pioposed slide iepaus �re in close pmximity to the Chetokee T'Lail of Teais. It ie our understand'uig thnt
the sensitive aieas associated with the Tiail of Teaes �vill be avoided ducing constiuction and th�t ground
clistw bing lctivities will Ue inonitored by a professionallrchzeologist. Theiefore, we concw� thlt wirh ehese
conditions thexe will be no advexse effects to any histoiic pxopeities oi sites as a xesult of the proposed
undextakuig.
'I'he above comments are made puisuant ro Section 10( of the National Histoiic Pxeseivntion Act and tha
Advisoiy CouncIl on Histoxic Prese�vauon's Regtdltions for Compliance widi Secdon lOfi codified at 36 CPR
Pait 800.
Thank you fox j�oux.coopeiation :tnd considexntion. If you have questions conceining die aUove coinment,
contact Renee Gledhill-Barley, envuonmental review cooidinator, 2t 919-807-6579 ox renee.gledkull-
eaxle�Qnedex.�ov. In all futuce coinmunication concetnin� this pioject, please cite the above xeferenced
iracking uutnUex.
Suic�ely,
�.�.�. ���-��
��m_"____ w,f n__.._
FJ�-�I l\illllVlla 1V1. UAIWS
�/
cc. Rodney Snedeker, US Fomst Seroice
Louutiun: ID9 L,nslJunes Surci, Raleigh Nf.27fi(tl Mailing Addresx:4! 17 MailSen�ice Cenmq Raleigh NL' 27(99-�Ihl7 Tclepiwne/Fax: O1I) ri117-(.570/807-G59)

�
USDepartment
of Trar�sportation
Federal Highway
Administmi�on
CERTIFIICD 1VIAIL
Mr. Emman Spain
Tribal Historic Preservation Officer
Muscogee Creek Nation
Cultural Preservation Off'ice
P.O. Box 580
Ocmulgee, OK 74447
Eastern Federal Lands 21400 Ridgetop Circle
Highway Division Sterling, VA 20186•8511
°��'�� ����9i�, In Reply Refer to: HFPP-15
Subject: Pitoject NC ERFO FSR 2013
Nantahala National Forest
Section 106 Consultation
Dear Mr. Spain:
1(1), Tatham Gap Road Slide Repair
The Eastern Federal Lands Highway Division, of the Federal Highway Administration (FHWA),
in coopexation with the Forest Service, is preparing plans to repair five disaster sites on Tatham
Gap Road (Route 423) within the NanYahala National Forest. Heavy rains in eazly 2013
saturated the area causing slope failtue. The work includes removal of the slide material and
stabilization of failed slope, roadway reconstruction, and drainage improvement in Graham and
Gherokee Counties, North Carolina.
The Cherokee Trail of Tears and Tatham Gap Road are in very close proximity to one another,
and the Trail oF Tears crosses the Tatham Gap Road at a few locations. Through coordination
with the Forest Service, we have identified two intersections of Cherokee Trail of Tears and
Tatkam Gap Road and two known sensirive areas to be auoided. The enclosed location map
identifies the area of potential effect (APE) which includes the disaster site repair locations and
proposed/potential staging areas. The second map identifies the areas of concern that would not
be d'tsturbed during construction. The locations of the Cherokee Trail of Teazs intersections and
Yhe two known sensitive areas are not located at the disaster sites; therefore they will not be
impacted by this project. The project plans and specifications would indicate that these locations
must not be disturbed during construction. Also, an archaeological monitor would be onsite
during all graund disturbing activities.
The FHWA has determined that there would be no adverse efFects to cultural resources as a
result of the proposed action. The FHWA respectfully req_uests youur review of the proposed
proj ect and concurrence with ottr determination. Enclosed you will find photos of the disaster
sites and the two location maps. The FHWA respectfully requests the favor of your response
within 30 days of receipt of this letter.

2
If you have any questions, please contact Ms. Lisa T,anders, Environmental Protection Specialist,
at Lisa.Laudersl�a,dot.eov or [phone].
Sincerely yours,
o�k��0�/G�
Kevin S, Itose
Environmental Compliance Specialist
Enolosures
cc:
Mr. Rodney J. Snedeker; Forest Archeologist/Tribal Liaison, USDA Forest Service, Asheville,
NC
Mr. Andrew M. Triplett, Archaeologist, USDA Forest Service, Murphy, NC
Mr. Steverson Moffat, Planner, USDA Forest Service, Murphy, NC

Landers, Lisa (FHWA)
From: Emman Spain <[e-mail]>
Sent: Friday, April 11, 2014 11:18 AM
To: Landers, Lisa (FHWA)
Subject: Tatham Gap Road Repair.
Ms Landers,
At this time we have no concerns about the repair of the Tatham Gap road within the Nantahala National Forest in
Cherokee County, North Carolina. We concur the project should have no adverse effect on cultural resources. Thanl<
you.
Emman Spain, THPO
Muscogee (Creel<) Nation

�
US DeparhnenT
of Transpatation
Federal Nlghway
Administrat(on
CERTIFTED MAIL
Mr, Russell Townsend
Tribal T-Iistoric Preservation Officer
Eastern Band of Cherokee Indians
Qualla Boundary Reservation
P.O. Hox 455
Cherokee, NC 28719
Eastern Federal Lands 21400 Ridgetop Circle
Highway Division Sterling, VA 20188-6517
MAfl ����9ka In Reply Refer to: HPPP-15
Subject: Project NC ERFO FSR 2013-1(1), Tatham Gap Road Slide Repair
Nantahala National Forest
Section 106 Consultation
Dear Mr. Townsend:
The Eastern Federal Lands Highway Division, of the Federal Highway Administration (FHWA),
in cooperation with the Forest Service, is preparing plans to repair fiae disaster sites on Tatham
Gap Road (Route 423) within the Nantahala National Forest. Heavy rains in early 2013
saturated the area causing slope failure. The work includes removal of the slide material and
stabilization of failed slope, madway reconstruction, and drainage improvement in Graham and
Cherokee Counties, North Carolina.
The Cherokee Trail of Tears and Tatharn Gap Road are in very close proximity to one another,
and the Trail of Tears crosses the Tatham Gap Road at a few locations. Through coordination
with the Forest Service, we have identified two intersections of Cherokee Trail of Tears and
Tatham Gap Road and two known sensitive areas to be auoided. The enclosed location map
identifies the area of potential effect (APE} which includes the disaster site repair locations and
proposed/p�tential staging areas. The second map identifies the areas of concern that would not
be disturbed during construction. The locations of the Cherokee Trail of Tears intersections and
the two Imown sensitive areas aze not located at the disaster sites; therefore they will not be
impaeted by this project. The project plans and specifications would indicate that these locations
must not be disturbed during construcGon. Also, an archaeological monitor would be onsite
during all ground distw•bing activities.
The FHWA has determined that there would be no adverse effects to cultural resources as a
result of the proposed action. The FHWA respectfully repuests youur review of the proposed
project and concurrence with our determinauon. Enclosed you will find photos ofthe disaster
sites and the two location maps. 'I'he FHWA respectfully requests the favor of your response
within 30 days of receipt of this letter.

If yoa have any questions, please contact Ms. Lisa Landers, Environmental Protiection Specialist,
aE Lisa.LandersC7ae,dot.¢ov or (571J 434-1592.
Sincerely yours,
Kevin S. Rose
Environmental Complian�e Specialist
Enclosures
cc:
Mr. Rodney J. Snedeker, Forest Arche�logist/Tribal Liaison, USDA Forest Service, Asheville,
NC
Mr. Andxew M. Triplett, Archaeolo�ist, USDA Forest Service, Murphy, NC
Mr. Steverson ivto£fat, Planner, USDA Forest Serviee, Iviurphy, NC

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