20230422 Ver 1_01_R5808_PCN_CoverLetter_20230321

SS
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER J.ERIC BOYETTE
GOVERNOR SECRETARY
March 20, 2023
Mr. Kyle Barnes
U.S. Army Corps of Engineers
Washington Regulatory Field Office
2407 West Fifth Street
Washington,NC 27889
Mr. Garcy Ward
N.C. Division of Water Resources
Transportation Permitting Branch
943 Washington Square Mall
Washington,NC 27889
Subject: Section 404/401 Regional General Permit 31 Application Narrative
Modernization of U.S. 158 from Acorn Hill Road to Pasquotank County Line
State Project No. R-5808; WBS Element 46972.1.1
Gates County,NC
Dear Mr. Barnes and Mr. Ward:
The North Carolina Department of Transportation (NCDOT)—Highway Division I is submitting
the attached application for authorization under Regional General Permit(RGP) 31 for the TIP R-
5808 project in Gates County, NC. The NCDOT — Highway Division 1 proposes to modernize
approximately four miles of U.S. 158 in Gates County from the Acorn Hill Road (S.R. 1002)
intersection in the west to the Pasquotank County line in the east. The proposed improvements
include widening the existing lanes and improving the shoulders. All widening is proposed to
occur to the south of the existing roadway. The purpose of the proposed project is to bring the
U.S. 158 corridor adjacent to the Great Dismal Swamp up to NCDOT and American Association
of State Highway and Transportation Officials (AASHTO) standards and stabilize the slopes from
Acorn Hill Road to the Pasquotank County Line. Another desirable outcome is to improve the
hurricane evacuation route for vehicles along U.S. 158. Additionally, another desirable outcome
of this project is to improve safety along this section of the U.S. 158 corridor. The proposed
project has undergone Interagency Review and completed the NCDOT Interagency Merger
Process
Kimley-Horn staff delineated the project study area in February 2018 and May 2019 and
identified seven wetlands (WA, WB, WC, WD, WE, WF, WG), one stream (Jones Pond), and
four open waters (OWA, OWB, OWC,Newland Drainage Canal). The Preliminary Jurisdictional
Determination (PJD) request package for TIP R-5808 (SAW-2018-01073) was originally
submitted in 2018 and Mr. Kyle Barnes of the U.S. Army Corps of Engineers (USACE) and Mr.
Garcy Ward of the North Carolina Division of Water Resources (NCDWR) conducted a field
Mailing Address: Telephone:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 113 AIRPORT DRIVE
HIGHWAY DIVISION ONE Customer Service: 1-877-368-4968 EDENTON,NC 27932
113 AIRPORT DRIVE,SUITE 100
EDENTON,NC 27932 Website:www.ncdot.gov

review on June 6, 2018 and May 26, 2019 to review the delineated features boundaries. An
updated PJD request package for TIP R-5808,which was revised to include the additional portion
of the project north of U.S. 158, was submitted to Mr. Kyle Barnes of the USACE on January 9,
2020 and documentation is pending.
Proposed Impacts
The proposed impacts to jurisdictional resources along the project corridor have been avoided and
minimized to the extent practicable throughout the design process. Four alternatives for R-5808,
including a No Build Alternative and three build alternatives, were selected and evaluated by
NCDOT in coordination with state and federal agencies as part of the NEPA/404 Merger Process.
The R-5808 Least Environmentally Damaging Practicable Alternative (LDPEA) will result in
unavoidable permanent and temporary impacts to forested wetlands, open waters, and streams.
The proposed impacts are spread across six impact sites, as shown in the attached Permit
Drawings and detailed below. In total, the R-5808 LEDPA will result in the following impacts to
jurisdictional features:
• 7.02 acres of permanent fill in jurisdictional wetlands
• <0.01 acre of permanent excavation in jurisdictional wetlands
• 3.35 acres of temporary hand clearing in jurisdictional wetlands
• 0.04 acre/21 LF of permanent impacts to jurisdictional streams
• 0.03 acre/39 LF of permanent No Net Loss impacts to jurisdictional streams
• 0.03 acre/23 LF of temporary impacts to jurisdictional streams
• 0.25 acre of permanent impacts to jurisdictional open waters
• 0.36 acre of temporary impacts to jurisdictional open waters
Compensatory Mitigation
The NCDOT proposes to provide compensatory mitigation for the unavoidable permanent
impacts to streams and wetlands resulting from the R-5808 project through payment to the North
Carolina Division of Mitigation Services In-Lieu Fee Program. Compensatory mitigation is
proposed at a 2:1 ratio for the 0.26 acres of permanent impacts to jurisdictional riparian wetlands,
6.77 acres of permanent impacts to jurisdictional non-riparian wetlands, and 21 linear feet of
permanent impacts to jurisdictional streams. Compensatory mitigation credits will be debited
from the R-5808 project fund upon approval of the Section 404/401 Permit and prior to
construction of the project.
If you have any questions or information needs,please contact me at(252)482-1861.
Sincerely,
EDocuSigned by:
A.ssG �i
7C79BOD2941F47E...
Paul C. Williams
Division 1 Environmental Officer
Mailing Address: Telephone:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 113 AIRPORT DRIVE
HIGHWAY DIVISION ONE Customer Service: 1-877-368-4968 EDENTON,NC 27932
113 AIRPORT DRIVE,SUITE 100
EDENTON,NC 27932 Website:www.ncdot.gov