20231465 Ver 1_HB-0003 - Haywood County - NWP 14 Cover Letter_20231027

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
October 27, 2023
Mrs. Crystal Amschler, Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
JOEY HOPKINS
SECRETARY
Subject: NWP 14 Permit Application
HB-0003 (FA Number: 0040121)
Replacement of Bridge #239 on Interstate 40 over Incinerator Road (SR 1550)
Haywood County, North Carolina
Dear Ms. Amschler:
The North Carolina Department of Transportation (NCDOT) is proposing to replace the subject
bridge. The purpose of the project is to replace Haywood County Bridge 239 on Interstate 40
over Incinerator Road (SR 1550). The existing bridge is a triple span (1 @ 48', 1 @ 51', 1 @
41') reinforced concrete floor on steel I -Beams bridge structure. The new structure will be a 36'
W X 174' L x 16' H Pre Cast Arch Culvert on a 115 degree skew over Incinerator Road (SR
1550). The typical section along Interstate 40 will provide two 12-foot lanes in each direction
along with 12-foot outside paved shoulders and a variable 7.5-foot to 13.5-foot inside paved
shoulder. The total outside shoulder width will be 14-foot (I7-footwith guardrail). The approach
roadway along Interstate 40 will extend approximately 1,400 feet from the west end of the new
arch culvert and 1,350 feet from the east end of the arch culvert. SR 1550 (Incinerator Road) will
be closed during construction of the arch culvert, while traffic is detoured using SR 1513
(Thickety Road).
At least two lanes of traffic in each direction will be maintained on Interstate 40 during
construction utilizing temporary onsite detours. The roadway will be designed as an Interstate
Route with a 70 mile per hour design speed. The existing bridge is functionally obsolete and
structurally defficient with a sufficiency rating of 67.72 out of a possible 100. Currently the
bridge deck is having failures 1-2 times per month causing lane closures and traffic delays. This
project is in express design due to the components of Bridge No. 239 are experiencing an
increasing degree of deterioration that can no longer be addressed by reasonable maintenance
activities, therefore the bridge is approaching the end of its useful life.
Division 14 Office
ne: [phone] 253 Webster Road, Sylva, North Carolina 28779 Fax: [phone]

Haywood 239 Page 2 October 27, 2023
Due to the express design & construction needs, the project is expected to let for construction on
March 19th, 2024. Haywood County bridge 239 is funded by the Federal Highway
Administration.
I am enclosing a PCN application, pre jurisdictional determination form, SHPO forms, permit
plan sheets showing the proposed work, a marked vicinity map and a USGS quad map.
Section 7
The U.S. Fish and Wildlife Service iPAC lists 6 species for Haywood County, in the project area.
Species are Small Whorled Pogonia (Isotria medeoloides), Rock Gnome Lichen (Gymnoderma
lineare), Gray Bat (Myotis grisescens), Indiana Bat (Myotis sodalist), Northern Long -Eared Bat
(Myotis septentrionalis, NLEB) and the Tri-Colored Bat (Perimyotis subflavus) are listed as
either threatened, endangered or proposed endangered.
Small whorled pagonia usually occurs in open, dry, deciduous woods with acidic soil, though it
can sometimes be found on slopes along streams and mesic forest in association with white pine
and rhododendron. The habitats at the project site include maintained road right-of-way and
small forest patches. Field surveys were completed on June 22, 2022, and were negative.
Rock gnome lichen is typically found at high elevations on vertical rock surfaces that are often
bathed in fog. However, it can occur at lower elevations on cliffs that occasionally receive
seepage and on damp rock faces in river gorges where there is high humidity. The elevation at
the project site is approximately 2,684.65 feet and the site is situated in an open valley on
Interstate 40. Also, there are no damp rock faces near the site. Field surveys were completed on
June 22, 2022, and were negative.
Gray bats usually roost in caves or in/on structures year-round while Indiana bats and NLEB
only winter in caves. During warm seasons Indiana bats and NLEB usually roost on/in
structures, under the shaggy bark of live trees such as white oaks, sycamores, and hickories, or in
cavities or under the loose peeling bark of dead trees. This project will require tree removal and
will not affect caves. The project area is not situated where there are known NLEB maternity
roosts and/or hibernacula and the nearest records are over 1.00 mile away. The construction
work will require the removal of approximately 20 trees (oak, maple, white pine, yellow pine,
locust, black walnut & poplar). There will likely be percussive activities with the project (hoe -
ramming and/or jack hammering) to remove the existing bridge and for the installation of
guardrail, but this work should be intermittent and infrequent and probably be limited to a few
hours a day in some weeks. There are no areas where bedrock blasting is anticipated. Night
work will be needed during project phases to avoid impacts to traffic. Temporary lighting for
night work will be directed to the project area. There is also an expectation of permanent lighting
inside the new arch culvert structure for traffic and pedestrian safety.
To protect Indiana bats, obstructing trees will be removed between October 16' and March 31 at
(winter clearing) of any year. This tree clearing restriction will aid in the protection of other
potentially roosting bats in the area from direct disturbance as well.

Haywood 239 Page 3 October 27, 2023
On September 14, 2022, the U.S. Fish and Wildlife Service announced a proposal to list the
Tricolored Bat (Perimyotis subflavus — PESU) as endangered under the Endangered Species Act.
USFWS has not provided the official effective listing date, however, it is expected during the
second half of 2023. The following is the USFWS habitat description for the Tricolored Bat.
During the spring, summer and fall - collectively referred to as the non -hibernating seasons,
tricolored bats primarily roost among live and dead leaf clusters of live or recently dead
deciduous hardwood trees. In the southern and northern portions of the range, tricolored bats will
also roost in Spanish Moss (Tillandsia usneoides) and Boney Beard Lichen (Usnea trichodea),
respectively. In addition, tricolored bats have been observed roosting during summer among pine
needles, eastern red cedar (Juniperus virginiana), within artificial roosts like barns, beneath
porch roofs, bridges, concrete bunkers, and rarely within caves. Female tricolored bats exhibit
high site fidelity, returning year after year to the same summer roosting locations. Female
tricolored bats form maternity colonies and switch roost trees regularly. Males roost
singly. During the winter, tricolored bats hibernate - which means that they reduce their
metabolic rates, body temperatures and heart rate - in caves and mines; although, in the southern
United States, where caves are sparse, tricolored bats often hibernate in road -associated culverts,
as well as sometimes in tree cavities and abandoned water wells. Tricolored bats exhibit high site
fidelity with many individuals returning year after year to the same hibernaculum. The bridge
structure was inspected on July 14, 2022, and was negative for bat presence/usage.
With the inclusion of the following project commitments: winter clearing moratorium (October
16th — March 31'% no permanent lighting within action area, the inspection of the bridge
structure 14 days prior to construction; the NCDOT recommends a "may affect, not likely to
adversely affect" for Indiana Bat, NLEB, Tricolored Bats and "no effect" determination for
Small Whorled Pogonia and Rock Gnome Lichen and Gray Bat, due to lack or absence of habitat
and the negative field surveys. The NCDOT has not received the informal consultation request
responses from the U.S. Fish & Wildlife Service, Asheville Regional Office. The informal
consultation letter was submitted to U.S. Fish & Wildlife Service on October 27, 2023.
Section 106
The project is not expected to have effects on any section 106 resources. There was a "no
national register of historic places eligible or listed archaeological site present" determination
rendered for archaeology. Consultation with the federally recognized tribes: Catawba Indian
Nation, Cherokee Nation, Eastern Band of Cherokee Indians, Muscogee Creek Nation and
United Keetoowah Band of Cherokee Indians, was initiated with comments requested by
November 18, 2022. There were no tribal comments. A determination of "no survey required"
was rendered for historic architecture. Supporting documentation with cultural resource staff is
included with this submittal.
Impacts to Waters of the United States
Bowen Branch (DWQ Class: C) is shown on the USGS topographic map as a perennial stream.
The channel is well defined with a substrate of gravel, sand, and cobble and is approximately 8-9
feet in width. The stream has sufficient flow to support fish and other aquatic life. Bowen
Branch flows approximately 0.56 miles to the Pigeon River, which meets the definition of a
Traditional Navigable Water. For these reasons, we believe that Bowen Creek is a Relative
Permanent Water and is under the jurisdiction of the U.S. Army Corps of Engineers. In order to

Haywood 239 Page 4 October 27, 2023
construct the project, it will be necessary to impact waters and wetlands of the United States in
the French Broad Basin (HUC 0601010601). Specifically, NCDOT is requesting to replace
Bridge No. 239 with a precast arch culvert structure. Listed below is a summary of the proposed
impacts. Project impacts are also detailed within the permit design plans:
Site No.
Existing
Proposed Condition
Net Impacts
Condition
Site 1
Wetland C
Mechanized Clearing
< 0.01 acres
Spring Box & Culvert
Site 2
Stream A
52'
For Roadway Fill Slope
Spring Box & Culvert
Site 2A
Wetland B
< 0.01 acres
For Roadway Fill Slope
Reinforced Concrete Box Culvert Extension
Site 3
Bowen Creek
84'
2 Barrel 9' W x 7' H
Bowen Creek
Site 3A
Riprap Bank Stabilization
59'
Streambank
Site 3B
Bowen Creek
Diversion/Dewatering
19,
Site 4
Wetland A
Roadway Fill Slope
< 0.01 acres
Total Permanent Stream Impact
Total Permanent Streambank Impact
136'
59'
Total Temporary Stream Impact 19,
Total Wetland Impact < 0.03 acres
Compensatory mitigation has been proposed because of the permanent impacts. The mitigation
acceptance letter has not been received yet. NCDOT will forward the mitigation acceptance letter to
agencies once we receive it from the N.C. Division of Mitigation Services.

Haywood 239 Page 5 October 27, 2023
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the
construction project outlined above. This application has been sent to the North Carolina Department of
Environmental Quality (DEQ), Division of Water Resources (DWR). By copy of this letter, I am asking
Mr. David McHenry, Western NCDOT Review Coordinator of the N.C. Wildlife Resource Commission,
to comment directly to the regulatory agencies and myself concerning the Nationwide Permit and 401
WQC Written requests.
Please contact me at (828) 508 - 7397 if you have any questions about this application or need additional
information. Your prompt review and consideration of this request will be greatly appreciated.
Sincerely,
�a
Patrick J. Breedlove
NCDOT Division 14
Division PDEA Engineer