20181252 Ver 2_R-5735 RAB - Cherokee County - Cover Letter RGP 50_20230713

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER ERIC J.BOYETTE
GOVERNOR SECRETARY
July 12, 2023
Ms. Crystal Amschler
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue,Room 208
Asheville,NC 28801-2714
Subject: Regional General Permit 50 Application
Roundabout between U.S. 19 Business and U.S. 19/64/74/129
UT to Hiwassee River, Cherokee County,N.C.
TIP No. R-5735 RAB, State Project No. 50193.1.1
Dear Ms. Amschler:
The North Carolina Department of Transportation(NCDOT) is requesting authorization for
stream impacts to an unnamed tributary to the Hiwassee River for the construction of a
roundabout structure to safely facilitate traffic on a crossover road between U.S. 19 Business and
U.S. 19/64/74/129. The roundabout structure will be constructed in the direct footprint of the
cross over road and the structure cross-section and fill slopes will require the impacts to the
jurisdictional feature. The project involves minor widening on the existing cross over road,
stormwater drainage, minor utility connections and traffic safety improvements. The unnamed
tributary is an urban stream, that has historically been impacted significantly upstream and
downstream of the proposed roundabout site. The unnamed tributary was previously impacted
with the R-5735 project(15' Culvert Extension—5' x 4' RCBC/60"RCP with 8' Riprap Bank
Stabilization). The unnamed tributary was identified as Stream A- Site#3 in the R-5735
Nationwide 14 Permit(SAW-2018-02070). The proposed 210 linear feet of permanent stream
impacts, 60"reinforced concrete pipe (RCP),will be attached to the existing headwall of the
existing 15' culvert extension,previously installed with the R-5735 project, SAW-2018-02070
(See photos in attachment). There will be a need for 10 linear feet of riprap placed on the
streambanks below the culvert outlet for bank stabilization. There will also be 218 linear feet of
dewatering impacts needed to install the 60"RCP culvert extension. The proposed roundabout
project is state funded and is expected to let for construction in December 2023.
Section 7
The U.S. Fish and Wildlife Service iPAC identifies the following species within the project area
in Cherokee County: Small Whorled Pogonia(Isotria medeoloides), Cumberland Bean Mussel
(Villosa trabalis),Longsolid Mussel (Fusconaia subrotunda), Indiana Bat(Myotis sodalis), Gray
Mailing Address: Telephone:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] NC DEPARTMENT OF TRANSPORTATION
Division 14 Customer Service: 1-877-368-4968 Division 14
253 Webster Road 253 Webster Road
Sylva,North Carolina 28779 Website:www.ncdot.gov Sylva,North Carolina 28779

R-5735 RAB Cherokee County Page 2 July 12,2023
Bat(Myotis grisescens), Tricolored Bat(Perimyotis subflavus) and Northern Long-Eared Bat
(NLEB,Myotis septentrionalis).
The project area is highly urbanized and there is little if any suitable habitat for small whorled
pagonia. Potential habitats for this species were surveyed in 2021 and 2023 and no specimens
were observed, so the NCDOT requests the project will have"no effect"on small whorled
pagonia.
Cumberland Bean and Longsolid Mussels are only found in the Hiwassee River in a reach that is
several miles downstream of the project area and Hiwassee Lake and the unnamed tributary is to
small and cold to support mussels. The proposed project area is located approximately 0.84 miles
upstream in the unnamed tributary to the Hiwassee River. Therefore, the NCDOT requests the
project will have"no effect"on Cumberland Bean and Longsolid Mussels.
Gray bats usually roost in caves or in/on structures year-round while Indiana bats and NLEB only
winter in caves. 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. This project will require tree removal,but not affect
caves or structures that could serve as bat roosts. The project area is not situated in a region(i.e.
"red HUC")where there are known NLEB,maternity roosts and/or hibernacula and the nearest
records are over 2 miles away. The construction work will require the removal of approximately
12 trees (oak,maple,poplar). There will likely be percussive activities with the project(hoe-
ramming and/or jack hammering)to break concrete and for the installation of guardrail,but this
work should be intermittent and infrequent and probably be limited to a few hours a day in some
weeks. There are no areas where bedrock blasting is anticipated. Night work will be required to
complete the entire project, due to annual daily traffic and to eliminate business impacts due to
utility connections.
To protect Indiana bats, obstructing trees will be removed between October 16`h and March 31 st
(winter clearing) of any year. This tree clearing restriction will protect other potentially roosting
bats in the area from direct disturbance as well. Based on this and the preceding information,the
project should be compliant with the Final Section 4(d) rule for NLEB, codified at 50 C.F.R. §
17.40(o) and effective February 16, 2016.
On September 14, 2022,the U.S. Fish and Wildlife Service announced a proposal to list the
Tricolored Bat (Perimyotis subflavus—PESU) as endangered under the Endangered Species Act.
USFWS has not provided the official effective listing date, however, it is expected during the
second half of 2023. The following is the USFWS habitat description for the Tricolored Bat.
During the spring, summer and fall- collectively referred to as the non-hibernating seasons,
tricolored bats primarily roost among live and dead leaf clusters of live or recently dead
deciduous hardwood trees. In the southern and northern portions of the range,tricolored bats will
also roost in Spanish Moss (Tillandsia usneoides) and Boney Beard Lichen (Usnea trichodea),
respectively. In addition,tricolored bats have been observed roosting during summer among pine
needles, eastern red cedar(Juniperus virginiana), within artificial roosts like barns,beneath porch
roofs,bridges, concrete bunkers, and rarely within caves. Female tricolored bats exhibit high site
fidelity,returning year after year to the same summer roosting locations. Female tricolored bats
form maternity colonies and switch roost trees regularly. Males roost singly. During the winter,
tricolored bats hibernate-which means that they reduce their metabolic rates,body temperatures
and heart rate- in caves and mines; although,in the southern United States,where caves are
sparse, tricolored bats often hibernate in road-associated culverts, as well as sometimes in tree
cavities and abandoned water wells. Tricolored bats exhibit high site fidelity with many

R-5735 RAB Cherokee County Page 3 July 12,2023
individuals returning year after year to the same hibernaculum. Culverts near the proposed project
were inspected in 2018, 2019 and 2023 and were negative for bat presence/usage.
With the inclusion of the following project commitments: winter clearing moratorium(October
10h—March 31"), no permanent lighting in action area,the inspection of culverts greater than 2'
diameter, 14 days prior to construction. The NCDOT recommends a "may affect, not likely to
adversely affect"for Indiana Bat,NLEB, Tricolored Bats and Gray Bats.
Section 106
The project area was reviewed by NCDOT's Human Environment Unit in 2017,2018 and 2019
for potential effects to architectural and archaeological resources during the initial review for R-
5735. There was a determination of"No Eligible or National Register Properties Present or
Affected"for architecture and"No Survey Required" assessment for archaeology. The project
was re-reviewed by the NCDOT Human Environment Unit a couple of times in 2018 when it
became apparent that the construction would exceed the initial review area or APE for R-5735.
However, these exceedances did not alter the cultural resource assessments largely because the
project area is highly urbanized and almost entirely comprised of imported fills and udorthent
soils. The R-5735 Roundabout is located within the APE that was previously reviewed.
Impacts to Waters of the United States
The unnamed tributary to the Hiwassee River has a well-defined channel and banks and flows
approximately 0.84 miles into the Hiwassee River. The Hiwassee River meets the definition of a
Traditional Navigable Water. Therefore,we believe the affected stream is under the jurisdiction
of the U.S. Army Corps of Engineers. In order to construct the project, it will be necessary to
impact waters of the United States in the Hiawassee River Basin(HUC 060200020702).
Impacts are listed within the permit plans in the impact summary table(See Attached).
Specifically,NCDOT is requesting to install an RCP culvert and to install riprap for bank
protection in the unnamed tributary to the Hiwassee River as specified in the following
table:
Site No. Existing Condition Proposed Condition Net
Impacts
Site 1 UT To Hiwassee River
(Previously Site#3 R-5735) (Previously Stream A R-5735) 60 Reinforced Concrete Pipe 210'
(SAW-2018-02070) (SAW-2018-02070) (RCP)
Site 1A UT to Hiwassee River
Streambank
(Previously Site#3 R-5735)
(Previously Stream A R-5735) Rip-Rap Bank Stabilization 10'
(SAW-2018-02070)
(saw-2018-02070)
Site 1B UT To Hiwassee River
(Previously Site#3 R-5735) (Previously Stream A R-5735) Dewatering for RCP 218'
(SAW-2018-02070) (SAW-2018-02070) Installation

R-5735 RAB Cherokee County Page 4 July 12, 2023
Total Permanent Stream Impacts: 220'
Total Temporary Stream Impacts: 218'
Compensatory Mitigation
Compensatory mitigation has been proposed for the 210 linear feet of stream channel loss
due to the RCP culvert installation.
Permits Requested
NCDOT hereby requests authorization under Section 404 of the Clean Water Act to proceed with
the construction project outlined above. NCDOT requests authorization for the project under
Section 401 of the Clean Water Act from the North Carolina Department of Environmental
Quality,Division of Water Resources (DWR). The project area is not within a"designated trout
watershed"(as described in the USACE trout resources in Western North Carolina Maps),
however we would welcome timely comments on this request from the NC Wildlife Resources
Commission.
Please contact me at(828) 508 - 7397 if you have any questions or need additional information to
evaluate this request. Your prompt attention to this request is greatly appreciated.
Sincerely,
;Vafuid P. 6weddwe
Patrick J. Breedlove
Division 14—PDEA Engineer
Enclosures
cc: Mr. Kevin Mitchell, Division of Water Resources, DEQ, Asheville
Ms. Holland Youngman,Biologist,US Fish&Wildlife Service, Asheville
Mr. David McHenry, Western NCDOT Coordinator,NCWRC