PEPC_109201_LetterOfComp_2022_06_21.pdf

National Park Service U.S. Department of the Interior

Great Smoky Mountains National Park

Date: 06/21/2022

Letter of Compliance Completion

To: Mike Tomkosky

From: Mark Collins

Subject: NEPA and NHPA Clearance: Replace Rock Creek Culvert (Structure 5406-186P) on Cosby Entrance Road (PEPC: 109201)(PMIS: 157345)

NEPA and NHPA Compliance Complete. For complete compliance information see PEPC Project 109201.

The Superintendent and Interdisciplinary team have reviewed the scope of work and supporting documentation provided in the Planning, Environment, and Public Comment (PEPC) system, and all applicable associated compliance documentation and consultation (e.g. National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, Clean Water Act, Clean Air Act, Wilderness Act, Tribal consultation under EO13175, and other related laws and policies).

The subject proposed project/action(s), therefore, is/are now cleared for all compliance requirements. Project plans and specifications are approved, project funds may be released, and construction and/or project implementation can commence with the following mitigations and conditions/stipulations.

Required Mitigations - For the proposed project actions to be within compliance requirements during construction and/or project implementation, the following mitigations must be adhered to:

• Follow guidelines established in GRSM Management Directive #33-Preventing Introduction and Spread of Invasive Non-Native Plants. Consult GRSM Supervisory Forester prior to transporting materials (e.g., soil, gravel, rock) from in-park stockpiles or importing materials from outside the park or obtain materials from pre-approved sources. All equipment and tools shall be cleaned prior to entering the work zone or park to prevent spread of invasive, non-native plant seeds. Equipment shall be inspected for compliance by the Project Leader or delegated park representative. Only use erosion control materials that have no risk of wildlife entanglement and are weed-free and pest-free. Do not use imported hay bales, straw bales, wood chips, mulch, or sod. (Note that wood excelsior products and straw filter logs and blankets that are certified as fumigated and weed-free may be used). Do not use any form of plastic/synthetic mesh netting, including those that are labeled as biodegradable or photodegradable. Reseed with park-approved seed mixes only, which include: • Mix 1 = 130lb/ac total, 30lb hard fescue, 20lb Chewing's fescue, 30lb annual rye, 20lb native grass/forbs, and 30lb red fescue. • Mix 2 = 140lb/ac total, 45lb hard fescue, 45lb red fescue, 25lb Chewing's fescue, and 25lb annual rye. Consult with GRSM Supervisory Forester as needed for technical support on seed mix selection or label review of alternative seed mixes.

• A public information program to notify visitors and the general public of temporary closures, delays, and road hazards during construction shall be implemented. This program would help convey appropriate messages to the public and aid in mitigating potential impacts on visitors' expectations and experiences.

• As few trees as possible shall be removed during this project. Avoid and minimize impacts to retained trees adjacent to the area of disturbance by using management practices such as tree protection fencing, root pruning, and preventing compaction of soil over root systems. Tree removal shall be approved by Project Leader. Consult with GRSM Supervisory Forester or Supervisory Ecologist for technical support on tree removal and protection plan, as needed.

• Staging Areas - Equipment and material staging areas shall be limited to the existing paved and gravel roads and pull-offs or similar areas approved by the NPS Project Leader to protect vegetation, water quality, and archeological resources. Staging areas shall be sited and erosion and sediment control measures used so that runoff does not discharge directly to streams.

• Tree Removal and Bats: When removing large trees (greater than 5 inches DBH) that have characteristics for summer bat roosts (i.e., dead trees with exfoliating bark, tree cavities, and crevices) then follow the decision process: 1). Remove potential roost trees only between Nov 15 and March 31 or 2). Have a qualified individual observe for bats existing in the trees for 30 minutes before and after sunset. If bats are not observed, the tree may be cut the following morning. If bats are observed, do not cut tree and resurvey tree at a later date.

• Project includes in stream work in Rock Creek. FHWA shall determine specific TDEC and COE permitting requirements, include applicable permit conditions in construction documents, obtain permits prior to construction, and ensure work is completed in accordance with the permits as well as applicable BMPs in NPS PM 77-1 Wetland Protection.

• In the event that cultural resources are inadvertently encountered during the project, the site supervisor shall temporarily stop work to protect the resources and immediately notify the Superintendent and GRSM Archeologist. The Superintendent will notify the State Historic Preservation Office and Federally Recognized Indian Tribes, as appropriate, within 48 hours, or as soon as reasonably possible. The Superintendent in consultation with the Project Leader, Section 106 Coordinator, and the appropriate members of the Cultural Resources Management Team, will make reasonable efforts to avoid, minimize, or mitigate adverse effects on those cultural resources in consultation with the SHPO/THPO and Federally recognized Indian Tribes, as appropriate. If human remains or other cultural material that may fall under the provisions of Native American Graves Protection and Repatriation Act (NAGPRA) are present, the Superintendent will comply with NAGPRA and the Archeological Resources Protection Act (ARPA). The Superintendent will ensure that any human remains are left in situ, are not exposed, and remain protected while compliance with NAGPRA, Archaeological Resources Protection Act, or other applicable federal, state, and/or local laws and procedures is undertaken.

• If using erosion netting, a biodegradable matting with a large diameter natural fiber shall be used to prevent entrapment of wildlife.

Comment: Only natural fiber fascines and/or erosion control matting should be used. Biodegradable plastic is NOT PERMITTED.

• Erosion Control: Use proper sediment control measures during excavation, including using duplicate sets of erosion control fencing at all water drainage areas. Clean erosion control fencing areas regularly and discard sediment in appropriate clean fill areas. Cover any excavated material or fill material with a waterproof tarp if it will be exposed overnight or for any extended period of time. Secure tarp with heavy objects to prevent it from blowing off. Re-seed area with park approved seed mix.

There are no NHPA Recommendations for Conditions or Stipulations identified.