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STATE OF NORTH CAROLINA
DEPARTIV�NT OF TRANSPORTATION
ROY COOPER
GOVERNOR
February 14, 2019
Mrs. 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: General Permit 31 Application
NC 69 From Georgia State Line to US 64
Blair Creek (Class. WS-IV), Hyatt Mill Creek (Class. C), Wood Creek
(Class C), and unnamed tributaries (UT) to those creeks and a UT to Lake
Chatuge (Hiwassee River, Class. B)
Clay County, NC
TIP No. A-11, State Project No. 32574.1
Dear Mrs. Amschler:
The North Carolina Deparhnent of Transportation (NCDOT) is requesting authorization for
stream and wetland impacts that are necessary for improvements to the 3.79-mile long NC 69
near Hayesville in Clay County, NC. This federally-funded project involves widening from a
combination 2-lane and 2-lane with center turn lane roadway to a divided 4-lane roadway with
vertical and horizontal alignment improvements. The work will require stream and wetland
impacts to accommodate iill slopes, culvert extensions, channel relocations, and stream bank
stabilization.
Section 7
In Clay County, the green pitcher plant (Sarracenia oreophila), rock gnome lichen
(Gymonoderma lineare), 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 Clay County.
Green pitcher plants are found within a few miles of the project area, but this species was not
observed in field surveys of the project area. The wetlands that will be impacted by the project
are not sloped bogs that this plant needs. Therefore, the project should have no effect on green
pitcher plants.
MailingAddress: Telephone: [phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax: [phone] NC DEPARTMENT OF TRANSPORTATION
Division 14 CustomerService: 1-877-368-4968 Division 14
253 Webster Road 253 Webster Road
Sylva, North Carolina 28779 Website.• www.ncdot.¢ov Sylva, North Carolina 28779

A-11, Clay County Page 2 February 14, 2019
Rock gnome lichen is usually found in high elevation locations in western North Carolina, though
it can occasionally be found at lower elevations on rock faces, usually in deep river gorges. The
project area is much too low in elevation and lacks rock faces and other damp habitat conditions
required by this plant.
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. Culverts and bridges that could be used by bats
and that will be affected by construction were inspected at least twice without observing bats or
their sign. 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 10 miles away. The
construction work will require the removal of trees from forested areas totaling roughly 25 acres.
There will likely be percussive activities with the project (hoe-ramming and/or jack hammering)
to break concrete and installation of guardrail, but this wark should be internuttent and infrequent
and probably be 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
affecP' determination for Indiana bat should apply to the project. This tree clearing restriction
will also 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 effecP' 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.
The USFWS informal concurrence on this project is included in the application.
Section 106
This project was reviewed by NCDOT's Human Environment Unit for potential effects to
architectural and archaeological resources. There was a determination of "No Eligible or
National Register Properties Present or Affected" for archaeology. The project will have no
effects on the federal register eligible Cherry Farm and no adverse effect on the federal register
eligible McClure Farm. Screening forms and the effects determination for historic architecture
are included with the application.
Impacts to Waters of the United States
Blair Creek (Class. WS-IV), Hyatt Mill Creek (Class. C), Wood Creek (Class C), and unnamed
tributaries (UT) to those creeks and the UT to Lake Chatuge (Hiwassee River, Class. B) have well
defined channels and banks. Lake Chatuge and the Hiwassee River meet the definition of a
Traditional Navigable Waters. 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 (HCTC 06020002).
Impacts are listed in the PCN and are also provided in the separate impact summary table on
sheets 44-45 which was modified from the attached plans. The preliminary JD forms have been
submitted previously and a site visit was conducted in September 2017 with Ms. Lori Beckwith
from your office.

A-11, Clay County Page 3 February 14, 2019
Compensatory Mitigation and Plan
NCSAM rating sheets were included in the PJD submittal. Stream relocation details are included
on the plan sheets or, for sites 5 and 12, in separate plan sheets that detail natural design
techniques. A stream monitoring plan was prepared for Site 5. Visual monitoring with photo
documentation for 5 years is proposed for Site 12. In addition, the NCSAM ratings for each
stream are recorded on the separate Stream and Wetland Impact Summary Tables (sheets 44-45)
that were modiiied from the permit drawings. Values used to calculate the needed mitigation for
unavoidable project impacts of the project are included in the tables to facilitate your review.
There are five streams in the project area that scored MED and HI with NCSAM. The total
proposed culvert impacts to these streams tota1351 feet.
The streams with LOW ratings are in poor condition largely due to erosion and having narrow or
absent buffers. Several streams that will be relocated with this project received LOW rating in
part due to past disturbance including channel relocations and hardening that occurred in the early
1990's for previous improvements to NC 69. Partial as-built plan sheets for that construction are
attached to the PCN submittal for reference. For sites with "LOW" NCSAM ratings, a 1:1 ratio is
suggested far the applicable culvert impacts and the channel length losses from stream relocations
(combined total of 721 feet).
The relocated stream channels at Site 5 and 12 will have net gains in channel lengths and have
more stable dimensions than the existing channels due to the use of natural stream design
techniques. In addition, a vegetated riparian buffer that averages >30 feet in width will be
reestablished on the Site 5 relocation and live stakes will be planted along the Site 12 relocated
channel. Due to functional uplifts, we recommend that additional compensatory mitigation
should not be required for these impacts.
A total of 859 feet of channel relocations are proposed with rip rap channel protection due to
anticipated high shear stress. The majority of these stream reaches involve small streams (�1-2'
wide) that are fishless and have little to no buffers. And, as noted above, several of these streams
were relocated, straightened, and hardened in the past. Where rip rap is used in the relocated
channels, contractors will be instructed to embed the rock into the channel bottom with heavy
equipment to "choke-out" the large inter-rock spaces and expedite bedload "naturalization".
Since no functional uplift is proposed to these channels, while recognizing that they already are
limited in their habitat and water quality functions, we recommend a low mitigation ratio (0.25:1)
be used for impacts to these channels, excluding channel length losses to be mitigated at a 1:1
ratio.
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 Deparhnent of Environmental
Quality, Division of Water Resources (DWR). The project area is, in part, within a"designated
trout watershed" (as described in the Nationwide Regional Permit Conditions) and we therefore
are requesting comments on this request from the NC Wildlife Resources Commission.
Please contact me at [phone] if you have any questions or need additional information to
evaluate this request. Your prompt attention to this request is greatly appreciated.

A-11, Clay County Page 4 February 14, 2019
Sincerel�,
DocuSig ed by:
����� 2/14/2019
�'N�i�1�+
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
Mrs. Marla Chambers, Western NCDOT Coordinator, NCWRC
Mr. Kenneth McDowell, Division 14, Assistant DDC Engineer, NCDOT