The URL can be used to link to this page

Home My WebLink About20181252 Ver 1_R-5735 Narrative and Section 7 and 106_20180913/ SlAff,;��\ i� � � .- ��T\-. I�� Y �. C� r I : pl. ,�"'s � a STATE OF NORTH CAROLINA DEPARTMENT OF T`RANSPORTATION ROY COOPER GOVERNOR September 13, 2018 Ms. Crystal Amschler U. S. Army Corps of Engineers NCDOT Regulatory Project Manager 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 JAMES H. TROGDON, III SECRETARY Subject: Nationwide Permit 14 Application US 19/US 74/US 64/US 129 from end of divided section to SR 1556 (Martins Creek Road) Improvements UTs Hiwassee Lake, Cherokee County, NC TIP No. R-5735, State Project No. 50193.11 Dear Ms. Amschler: The North Carolina Department of Transportation (NCDOT) is requesting authorization for stream and wetland impacts that are necessary far improvements to a 1.2-mile section of US 19/US 74/US 64/US 129 in Murphy, NC known as "Hamburger Alley". The project involves minor widening, drainage, and signal improvements. The work will require stream and wetland impacts to accommodate fill slopes, culvert extensions, and stream bank stabilization. Section 7 In Cherokee Counry, small whorled pogonia (IsotNia medeoloides), Cumberland bean (Villosa t�^abalis), and the northern long-eared bat (NLEB, Myotis septentrionalis) are known from current records and are listed as federally endangered or threatened. Gray bat (Myotis grisescens) and Indiana bat (Myotis sodalis) are listed species that are likely or suspected to occur in Cherokee County. 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 and no specimens were observed, so the project will have "no effect" on small whorled pagonia. Cumberland bean are only found in the Hiwassee River in a reach that is several miles downstream of the project area and Hiwassee Lake. Therefore, the project will have "no effect" on Cumberland bean. MailingAddre.r.r: Telephone: (828)586-2141 Location: NC DEPARTMENT OF TRANSPORTATION Fcrs: (828)586�043 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.Qov Sylva, North Carolina 28779 R-5735 Cherokee County Page 2 September 13, 2018 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 seroe 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 two miles awav. The construction wark will require the removal of about 20 trees from forested areas totaling roughly 0.1 acres. There willlikely be percussive activities with the project (hoe-ramming and/or jack hammering) to break concrete and install guardrail, but this wark should be intermittent and infrequent and limited to a few hours a day in some weeks. There are no areas where bedrock blasting is anticipated. To protect Indiana bats, obstructing trees will be removed between October 15 and April 15 (winter clearing) of any year. With the clearing restriction, a"may affect, not likely to adversely affect" determination for Indiana bat should apply to the project. 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 have "no effecY' on gray bats and be compliant with the Final Section 4(d) rule for NLEB, codified at 50 C.F.R. § 17.40(0) and effective February 16, 2016. Section 106 This project was reviewed by NCDOT's Human Environment Unit in 2017 and 2018 for potential effects to architectural and archaeological resources. 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. 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. Also attached to the application are correspondences with the Eastern Band of Cherokee Nation and with the Cherokee Nation. Irrtpacts to Waters of the United States The UTs to Hiwassee have well defined channels and banks. Hiwassee Lake meets the definition of a Traditional Navigable Water. Therefore, we believe the affected streams are 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 06020002). Impacts are listed in the PCN and in the impact summary table on sheet 18 of the attached plans. The PJD stream labels have been added to the drawings and impact table for your convenience. Compensatory Mitigation and Plan NCSAM rating sheets are attached to the PCN. NCSAM ratings were assessed for the three sites where culvert impacts are requested (Site 2-SC, Site 3-SA, and Site 4-SB). "LOW" ratings were calculated from site conditions in all cases. The streams at these sites are in poor condition largely due to degraded habitat and narrow or absent buffers. The roadway in the project area was previously widened to a 4-lane/center turn lane facility in the 1970's. For sites with "LOW" R-5735 Cherokee County Page 3 September 13, 2018 NCSAM ratings, a 1:1 ratio is requested for the applicable culvert impacts (45 feet of the 92 feet total permanent impacts). 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 (GC 4135) 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 Nationwide Regional Permit Conditions), however we would welcome timely comments on this request from the NC Wildlife Resources Commission. Please contact me at (828) 586-2141 if you have any questions or need additional information to evaluate this request. Your prompt attention to this request is greatly appreciated. Si'd��1�'a by: ��, 9/13/2018 v —�--- ave �c�eriry Division 14 Environmental Officer Enclosures cc: Ms. Amy Chapman, Division of Water Resources, DEQ, Raleigh Ms. Kristie Lynn Carpenter, Division of Water Resources, DEQ, Raleigh Mr. Kevin Barnett, Division of Water Resources, DEQ, Asheville Ms. Marella Buncick, Biologist, US Fish & Wildlife Service, Asheville Mrs. Marla Chambers, Western NCDOT Coordinator, NCWRC Mr. Kenneth McDowell, Division 14, Assistant DDC Engineer, NCDOT