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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 �iIY d by: �J� 2"" — 5/8/2019 18BUREff5�WDavece 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