20190529 Ver 2_East Vineyard - Clay County - NWP 14 Cover Letter (Revision)_20190822

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Roy COOPER
GOVERNOR
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
August 20, 2019
Ms. Crystal Amschler, NCDOT Regulatory Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Permit Application - Revision
Road Improvement Project on SR 1353 — East Vineyard Road
UT's to Shooting Creek in Clay County
WBS Element No. 80047
Dear Ms. Amschler:
TAMES H. TROGDON, III
SECRETARY
The North Carolina Department of Transportation (NCDOT) is proposing to upgrade the
secondary road the current NCDOT standards. Proposed revised project consists of culvert
replacement(s) and extension(s), gabion wall(s) installation(s) and road widening with paving.
Design plan revisions were made to reduce traffic staging for gabion wall construction and to
reduce environment impacts.
Enclosed are a PCN application, preliminary jurisdictional form, SHPO forms, plan sheets
showing the proposed work, a marked vicinity map, a USGS quad map, photographs and other
supporting project information.
The United States Fish & Wildlife Service lists 6 species for Clay County that have federal status
and that are known from current or historical records. The green pitcher plant (Sarracenia
oreophila), rock gnome lichen (Gymonoderma lineare), the gray bat (Myotis grisescens), Indiana
bat (Myotis sodalist) and the northern long-eared bat (NLEB, Myotis septentrionalis) are known
from current records and are listed as endangered or threatened.
The green pitcher plant is only found in a couple of wetland features in Clay County. A vascular
plant survey was completed on 7.11.2019, there were no green pitcher plants found within the
proposed project area.
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.Qov Sylva, North Carolina 28779

East Vineyard Road Improvement Page 2 August 20, 2019
The rock gnome lichen is usually found on rock faces at relatively high elevation, though it can
be found at lower elevations on cliffs that receive seepage from overlying soil during wet periods
and on damp rock faces in river gorges. The project site is approximately 2,080 feet in elevation
and not in a river gorge. Also, there are no rock faces nearby that could support rock gnome
lichen.
Gray bats usually roost in caves or in/on structures year-round while Indiana bats and NLEB only
winter in caves or mines. In summer, Indiana bats and NLEB generally roost in the loose bark of
trees, either dead with peeling bark or cavities, or live trees with shaggy bark such as white oak,
maples, sycamore and hickories. There are no mines or caves visible near the bridge. The
construction will require tree clearing, therefore, all tree cutting will be completed October 15'
through April 15t1i. With tree removal completed outside of the moratorium, the project should
have a "may affect, not likely to adversely affect" call for Indiana bats. Jackhammering and
mechanized pile driving may be required to install retaining walls and install guardrail units. The
extent and duration of percussive activities is difficult to predict with certainty, but on projects of
this scale percussive typically occurs intermittently for 2-4 hours each day over a couple week
period. The project area is NOT in a "red HUC" for NLEB, and according to Natural Heritage
data the work area is over 0.25 mile from any records for this species (hibernacula or maternity
roosts). Therefore, this project is consistent with the fmal Section 4(d) rule, codified at 50
C.F.R. § 17.40(o) and effective February 16, 2016 for NLEB. This project should have "no
effect" on gray bats or NLEB.
The project is limited in scope to a bridge to culvert replacement project on the existing alignment
and using an off -site detour. Erosion and sedimentation control measures will be used to
minimize adverse effects of the construction work on downstream aquatic resources. Habitats for
listed species are absent at the project site and none of these species were observed during site
visits. For these reasons and those listed above, we recommend that a "no -effect" determination
for listed species apply to this project with the exception for the Indiana Bat "may affect, not
likely to adversely affect" due to tree clearing.
This project was reviewed by the NCDOT cultural resource specialist in 2017 for potential effects
to historical architecture and in 2019 for potential archaeology effected. It was determined that a
survey was not required for historical architecture, but a survey was conducted for archeological
resources with a final determination of no resources present or affected (see attached forms).
Stringent erosion and sedimentation control measures will be used to minimize adverse effects of
the work on aquatic habitats due to proximity to Shooting Creek (C; Tr.). NCDOT best
management practices will be used to minimize and control erosion and sedimentation on this
project. The construction foreman will review all erosion control measures daily to ensure
erosion and sedimentation are being controlled effectively. If the devices are not functioning as
intended, they will be replaced immediately with better devices.
Impacts to Waters of the United States
UT's to Shooting Creek (DWQ Class: C Tr) are not shown on the USGS topographic map,
however, Shooting Creek is shown as a perennial stream. The channel is well defined with a
substrate of gravel, sand, and silt. The stream has sufficient flow to support fish and other aquatic
life. Shooting Creek flows directly into the Chatuge Reservoir. The Chatuge Reservoir meets the
definition of a Traditional Navigable Water. For these reasons, we believe Shooting Creek as
well as the UT's to Shooting Creek are under the jurisdiction of the U.S. Army Corps of

East Vineyard Road Improvement Page 3 August 20, 2019
Engineers. In order to construct the project, it will be necessary to impact waters of the United
States in the Hiawassee River Basin (HUC 060200020105). Specifically, NCDOT is requesting
to complete a secondary road widening project to bring road up to NCDOT standards. Listed
below is a summary of the proposed impacts.
Site No.
Existing Condition
Proposed Condition
Net
Station
Impacts
Site 1
50' - 12" CMP culvert in
94' - 12" CMP culvert in
44 ,
UT to Shooting Creek
UT to Shooting Creek
Site IA
UT to Shooting Creek
Diversion Dike/Dewatering Device
105'
Site 2
Agriculture Pasture (Wetland)
Roadway Fill Material
0.08 Acres
Site 3
35' - 36" CMP culvert in
67' - 36" CMP culvert in
32 ,
UT to Shooting Creek
UT to Shooting Creek
Site 3A
UT to Shooting Creek
Diversion Dike/Dewatering Device
80,
Site 4
40' — 12" CMP culvert in
40' - 12" CMP culvert in
0 ,
UT to Shooting Creek
UT to Shooting Creek
Site 4A
UT to Shooting Creek
Diversion Dike/Dewatering Device
55'
Site 5
3l' — 18" CMP culvert in
3l' - 18" CMP culvert in
01
UT to Shooting Creek
UT to Shooting Creek
Site 5A
UT to Shooting Creek
Diversion Dike/Dewatering Device
55'
Site 6
Semi -Wooded (Wetland)
Roadway Fill Material
0.02 Acres
Site 7
UT to Shooting Creek
Gabion Wall
36'
12' @ 3 Sites
Site 7A
UT to Shooting Creek
Diversion Dike/Dewatering Device
90,
Site 8
4l' — 18" CMP culvert in
41' - 18" CMP culvert in
0 ,
UT to Shooting Creek
UT to Shooting Creek
Site 8A
UT to Shooting Creek
Diversion Dike/Dewatering Device
55'
NC SAM rating forms have been attached for each stream that will have permanent impacts.
Total Permanent Stream Impacts for Culvert 76'
Total Permanent Streambank Impacts for Gabion Walls 36'
Total Temporary Stream Impacts for Dewatering 440'
Total Permanent Wetlands Impacts 0.10 Acres
Permits Requested

East Vineyard Road Improvement Page 4 August 20, 2019
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mrs. Marla
Chambers, Western NCDOT Review Coordinator with the North Carolina Wildlife Resources
Commission (NCWRC), to comment directly to you concerning the 404 Nationwide Permit
request.
I am also requesting authorization under Section 401 of the Clean Water Act from the North
Carolina Department of Environmental Quality (DEQ), Division of Water Resources (DWR). In
addition, I am asking Mrs. Chambers and Mr. Reid Whitehead, Roadside Environmental Field
Operations Engineer (NCDOT), to comment directly to me concerning this permit request.
If you have any questions or need additional information, please contact me at (828) 631 —1145.
Your prompt review and consideration will be greatly appreciated.
Sincerely,
op '-'�' offtm ewe
Patrick J. Breedlove
Division 14 Environmental Specialist II
Enclosures
cc: Ms. Claire Ellwanger, Biologist, US Fish &Wildlife Service, Asheville
Mrs. Marla Chambers, Western NCDOT Review Coordinator, NCWRC, Albemarle
Mr. Kevin Barnett, Division of Water Resources — DEQ, Asheville
Mr. Reid Whitehead, Roadside Environmental Field Operations Engineer, NCDOT