HomeMy WebLinkAbout20190600 Ver 1_47854 NWP 14 Narrative_20190508STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
May 8, 2019
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
Improvement to Intersection of Sonoma Road (SR 1876)/NC 215 with Old River
Road (NC 215), Haywood County, NC
State Project No. 47854
Dear Ms. Amschler:
The North Carolina Department of Transportation (NCDOT) is requesting authorization for a
wetland impact that is necessary for improvements to the intersection of Sonoma Road (SR
1876)/NC 215 with Old River Road (NC 215) in Haywood County, NC. This is a state funded
project. The wetland is a small (measuring approximately 20' by 12') depression/scour hole
situated immediately downstream of a culvert under Sonoma Road (SR 1876). This depression is
at the head of an agricultural drainage system and is impacted by cattle and partially filled with
roadway gravel from the culvert failure under Sonoma Road. The fill impact is required to
replace the drainage system under the intersection and to gain shoulder more shoulder width for
safety reasons.
Section 7
In Haywood County, Carolina northern flying squirrel (CNFS, Glaucomys sabrinus coloratus),
gray bat (Myotis grisescens), Indiana bat (Myotis sodalis), Appalachian elktoe (Alasmidonta
raveneliana), spruce -fir moss spider (Microhexura montivaga), small whorled pogonia (Isotria
medeoloides), spreading avens (Geum radiatum), rock gnome lichen (Gymnoderma lineare), and
northern long-eared bat (Myotis septentrionalis, NLEB) are listed threatened or endangered
species that are known to occur or suspected to occur.
There is a Natural Heritage record for only one species, Appalachian elktoe mussel, within 1 mile
of the project area. The project will impact a wetland, but the impact is approximately 0.5 mile
hydrologically upstream of occupied habitat for this species. For this reason and with the use of
effective erosion controls, there should be "no effect" of the project on Appalachian elktoe.
Mailing Address: Telephone: (828)586-2141 Location:
NC DEPARTMENT OF TRANSPORTATION Fax: (828)586-4043 NC DEPARTMENT OF TRANSPORTATION
Division 14 Customer Service: 1-877-368-4968 Division 14
253 Webster Road 253 Webster Road
Sylva, North Carolina 28779 Webstte: www.ncdot.gov Sylva, North Carolina 28779
47854 Haywood County Page 2 May 8, 2019
High elevation habitats for CNFS, spruce fir moss spider, or spreading avens do not exist in the
project area.
The project is not at high elevation or in a gorge with damp rock faces that could support rock
gnome lichen.
Forested habitat that could support small whorled pagonia will not be affected by the project.
There are no cave, bridges, or mines evident near the site that could serve as roosts for gray bats.
The project area is in an area that USFWS considers possibly supporting Indiana bats and in the
range of NLEB, but it is not in a "red huc" for NLEB. However, with exception of Indiana bats,
the project will have no effect on bat species because it will not require blasting or modify
structures that could serve as roosting areas. The project will require the removal of one box
elder tree that does not look appear to be preferable tree for bat roosting. With the winter tree
clearing restriction (October 15 to April 15 only), the project will be compliant with the 4(d) rule
for NLEB and should have a "may affect not likely to adversely affect" determination for Indiana
bats.
Section 106
This project was reviewed by NCDOT's Human Environment Unit in 2018 and 2019 for potential
effects to architectural and archaeological resources. There were determinations of "No Survey
Required" for both architecture and archaeology.
Impacts to Waters of the United States
Though the wetland is largely unvegetated, this appears to be a result of cattle impacts and the
hydrology. Based on hydric soil indicators and hydrology, we believe the wet area is a wetland
that is under the jurisdiction of the U.S. Army Corps of Engineers due to a drainage system
connection Bird Creek and then to the Pigeon River (French Broad River Basin, HUC 06010106).
Compensatory Mitigation and Plan
Compensatory mitigation is not proposed due to the small amount of impact and the degraded
condition and low function of the wetland.
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 within a
"designated trout watershed" (as described in the Nationwide Regional Permit Conditions). We
ask that the NC Wildlife Resources Commission provide comments on the project and would like
to request waiver of the trout moratorium in this situation since the project is unlikely to affect
any trout resources..
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.
47854 Haywood County Page 3 May 8, 2019
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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. Claire Elwanger, Biologist, US Fish & Wildlife Service, Asheville
Mrs. Marla Chambers, Western NCDOT Coordinator, NCWRC