20220529 Ver 1_Old Shulls Mill Intersection Improvement PCN letter_20220403

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 11
801 STATESVILLE RD
NORTH WILKESBORO, NC 28659
Telephone:[phone]
[e-mail]
Customer Service: 1-877-368-4968
Website: ncdot.gov

April 5th, 2022
Ms. Lori Beckwith
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714

Subject: Regional General Permit 50 Application – Old Shulls Mill Intersection Improvement
Project, Watauga County, North Carolina. WBS 48844 – Federal/FHWA lead agency

Dear Ms. Beckwith,

The North Carolina Department of Transportation (NCDOT) is proposing to improve the
intersection of Old Shulls Mill Rd (SR 1568) and NC HWY 105 through a realignment of Old
Shulls Mill Rd. This work will involve jurisdictional impacts to two streams and a wetland. The
project was originally part of a larger undertaking, R-2566B, that is proposed to occur a few years
from now. However, this intersection improvement is in immediate need due to safety and
congestion issues. Because of the previous connection to R-2566B, this project has been given a
separate name and designed so that it will stand as a complete project by itself, without
necessitating the larger R-2566B project and/or additional impacts to waters of the US. Since the
project area is within the larger project area established for R-2566B, much of the supporting
documents created for R-2566B (Sec 106 materials, NEPA/SEPA document, PJD, etc.) will be
utilized. The FHWA is the lead agency.

Site 1 - The majority of the proposed impacts to jurisdictional resources will occur to a UT of the
Watauga River (labeled SFU on the PJD), and are a result of realigning the existing Old Shulls
Mill Road. This will involve removing an existing 18” x 40’ CMP, and installing a 36” x 90’
RCP-IV just downstream. The old pipe location will be stabilized by sloping the banks 2:1 and
installing rip rap in the stream bottom for initial stabilization. It is expected that this rock lined
bottom will naturalize and become covered with natural stream material. The new 36” x 90’pipe
installation will involve bank stabilization at the pipe inlet to ensure it is not undermined, and a
rip rap pad will be placed at the pipe outlet to protect from scour. The pipe slope is 2.8%, and
will be buried 0.6’ (20% of pipe diameter). During the proposed impacts to Site 1, the work area
will be dewatered, and all water entering the work area will be pumped through a silt bag and
allowed to discharge back into the UT downstream of the project.

Site 2 and 3 – Two impacts to a wetland (labeled WBZ on the PJD) will occur as a result of
wetland excavation to create a drainage ditch (Site 2; <0.01 acres of impact) and fill for the new
roadway (Site 3; 0.05 acres of impact). The fill at Site 3 will be composed of typical fill
(rock/soil), as well as the outlet end of a 18” RCP-IV stormwater pipe with outlet protection.

Site 4 – A fourth impact area will occur just beyond the end of roadway construction, and
involves bank stabilization on one side of a UT of the Watauga River (labeled SFV on the PJD) to
convey new drainage carried by a special lateral “V” ditch along the new roadway.

Erosion control measures throughout the project will include designed standards for sensitive
watersheds.

Mitigation request - While the proposed work will result in 100’ of stream fill (90’ for the new
36” RCP-IV and 10’ for the proposed scour pad), the impacts are necessary to widen the new
roadway and road shoulder, improving motorist safety. Also, the proposed scour pad should
become covered with instream sediments and naturalize quickly. Furthermore, the removal of the
old 18” CMP will daylight 40’ of previously piped stream. As a result of these items, NCDOT is
requesting that they not be charged mitigation for the proposed work. However, if mitigation is
required, NCDOT will immediately obtain the amount requested by USACE.

There are four Federally listed species that could be impacted by this project. Concurrence
from the USFWS regarding two of these species (Virginia Big-Eared Bat and Gray Bat) has been
obtained as part of the R-2566B project, and USFWS supported NCDOT’s biological opinion of
May Affect, Not Likely to Adversely Affect for both species. Regarding a third bat species,
NLEB, the project was deemed complaint with the 4d rule. Concurrence regarding the fourth
species, Bog Turtle, was not required, but NCNHP records updated January 2022 revealed no
historical occurrence of this species within 1-mile of the project area, and the wetlands in the
project footprint are small and unlikely to provide habitat.

Section 106 Information – The R-2566B project was reviewed by NCDOT’s Human
Environment Unit for potential effects to archaeological resources. Following a survey, no
archaeological sites were identified, and it was determined that no further archaeological
investigations were warranted. The project was also reviewed for Historic Architecture, and
following a survey, an effects assessment was made for two properties, neither of which are
within ½ mile of this proposed project. All five of the appropriate tribes were contacted on
March 28th, 2022, and given 30 days to respond. Any responses received will be immediately
forwarded to you.

Permits Requested - NCDOT hereby requests authorization under Section 404 of the Clean
Water Act to proceed with the construction project outlined above. This project area is within a
designated trout watershed, but NCWRC surveyed the area in 2021 and found no trout within the
project area. As a result, NCWRC has indicated that a trout moratorium is not needed for
this project. NCDOT also requests authorization for the project under Section 401 of the Clean
Water Act from the North Carolina Department of Environmental Quality, Division of Water
Resources (DWR). Please contact me at [phone] if you have any questions or need
additional information to evaluate this request.

Sincerely,

Kevin Hining
Division 11 Environmental Officer
828-386-7202 / [e-mail]