20231521 Ver 1_HB-0002 - Haywood County - NWP 14 Permit Cover Letter_20231108

Roy COOPER
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
November 8, 2023
Ms. Crystal Amschler - Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
JOEY HOPKINS
SECRETARY
Subject: Nationwide Permit 14
Replace Bridge No. 248 & 249 on Interstate 40
over Beaverdam Road (SR 1613) Haywood County, North Carolina
STIP Number: HB-0002
WBS Element Number: 49622.1.1
Federal Project Number: 0040119
Dear Ms. Amschler:
The purpose of this project is to replace Haywood County Bridges No. 248 and 249 on I-40 over
SR1613 (Beaverdam Road). Bridge No. 248 is 174 feet long and Bridge No. 249 is 164 feet
long. The replacement structure will be a culvert/tunnel approximately 200 feet long on SR 1613
(Beaverdam Road). The precast arch culvert/tunnel will include two 11-foot lanes with a 6-foot
offset on the right and 8-foot offset on the left along SR 1613 (Beaverdam Road). The precast
culvert/tunnel length is based on design information. The minimum vertical clearance for the
precast arch culvert/tunnel will be 16-foot. The typical section along I-40 will provide two 12-
foot lanes in each direction along with 14-foot outside paved shoulders (I7-foottotal) and 6-foot
inside paved shoulder (9-foot total). The approach roadway along I-40 will extend approximately
1,300 feet from the west end of the new tunnel and 1,500 feet from the east end of the new
tunnel. SR 1613 (Beaverdam Road) will be closed during construction of the tunnel while traffic
is detoured using SR 1631 (Freedom Drive) and SR 1004 (Newfound Road). At least two lanes
of traffic in each direction will be maintained on I-40 during construction utilizing temporary
onsite detours. The roadway will be designed as an Interstate Route with a 70 mile per hour
design speed. NCDOT Bridge Management Unit records indicate Bridge No. 248 has a
sufficiency rating of 76.30 out of a possible 100 for a new structure and Bridge No. 249 also has
a sufficiency rating of 76.30 out of a possible 100 for a new structure. Components of Bridge No.
248 and 249 are experiencing an increased degree of deterioration that can no longer be
addressed by reasonable maintenance activities and has had complete deck failure, requiring re -
decking, therefore the bridge is approaching the end of its useful life. The project is federally
funded and is expected to let for construction on January 16th 2024. I am enclosing a PCN
application, pre jurisdictional determination form, SHPO forms, plan sheets showing the
proposed work, a marked vicinity map, a USGS quad map and agency letters.
Division 14 Office
Telephone: [phone] Webster Road, Sylva, North Carolina 28779 Fax: [phone]

Bridge 248/249 — Haywood County Page 2 November 8, 2023
USFWS Species
The USFWS iPAC, identifies 6 species within the project area in Haywood County that are listed
as threatened, endangered, or proposed endangered. Gray Bat (Myotis grisescens), Indiana Bat
(Myotis sodalist), Northern Long -Eared Bat (Myotis septentrionalis, NLEB), Tri-Colored Bat
(Perimyotis subflavus), Rock Gnome Lichen (Gymnoderma lineare) and Small Whorled Pogonia
(Isotria medeoloides).
No Effect Species
Rock Gnome Lichen
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 2,630.00 feet and the site is situated in an open valley. Also,
there are no damp rock faces in the project area. According to the N.C. Heritage Program
Element Occurrence Database (assessed July 14d', 2022), there are no element occurrences
within I mile of the proposed project. Project area was surveyed on June 22nd, 2022, and survey
results were negative. Based on survey results and lack of suitable habitat, NCDOT requests a
"no effect" determination.
Small Whorled Pogonia
Small whorled pagonia typically occurs in open, dry, deciduous woods with acidic soil, though
habitats can include slopes along streams and mesic forest in association with white pine and
rhododendron. According to the N.C. Heritage Program Element Occurrence Database (assessed
July 14t', 2022), there are no element occurrences within 1 mile of the proposed project. Habitat
is lacking in the projects footprint and plants were not found during a survey on June 22nd, 2022.
Based on survey results and lack of suitable habitat, NCDOT requests a "no effect"
determination.
May Affect Not Likely Adversely Affect
Gray Bat
Gray bats usually roost in caves or in/on structures year-round while Indiana bats and NLEB
only winter in caves. The construction work will require the removal of approximately 20 trees
(black walnut, sycamore, maple, poplar). There will be percussive activities with the project, for
the installation of guardrail and to remove the existing bridge structures, 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 is anticipated due to the annual
daily traffic exceeding 55,000 vehicles per day and the need to limit impacts on traffic. Due to
the length of the culvert/tunnel, there will also be a need for permanent lighting, inside the
culvert/tunnel, for the safe conveyance of traffic. The bridge structures and culverts were
inspected for bat presence on July 7d', 2022. Bat presence or usage was negative. NCDOT
requests a "may affect, not likely to adversely affect" determination.

Bridge 248/249 — Haywood County Page 3 November 8, 2023
NLEB
During warm seasons, the Northern Long Eared Bat 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 the removal of approximately 20 trees
(black walnut, sycamore, maple, poplar) and will not affect caves, however, there will be pile
driving associated with guardrail installation and to remove the existing bridge structures, but
this work should be intermittent and infrequent and probably be limited to a few hours a day in
some weeks. NCDOT requests a "may affect, not likely to adversely affect" determination.
Please see the project -based avoidance and minimization measures:
1. Temporary lighting will be shielded and facing away from waterways and riparian areas.
2. Permanent lighting will be installed inside the culvert/tunnel only to provide illumination for traffic.
3. No blasting associated with project activities.
4. Winter Tree Clearing (October 16t" — March 31st)
5. Survey bridge unit and any culverts greater than 3' diameter, within 14 days of construction.
Indiana Bat
To protect Indiana bats, obstructing trees will be removed between October 16th and March 31St
(winter clearing) of any year. This tree clearing restriction will protect other potentially roosting
bats in the area from direct disturbance as well. The bridge and culvert structures were inspected
for bat presence on July 7th, 2022. Bat presence or usage was negative. NCDOT requests a
"may affect, not likely to adversely affect" determination.
Tri-Colored Bat
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
and culvert structures were inspected for bat presence on July 7th, 2022. Bat presence or usage
was negative. NCDOT requests a "may affect, not likely to adversely affect" determination.
The USFWS informal consultation request was submitted to Ms. Holland Youngman on
September 2023, and NCDOT is currently awaiting the consultation response.

Bridge 248/249 — Haywood County Page 4 November 8, 2023
Section 106
This project was reviewed by NCDOT's Human Environment Unit in 2021 and 2022 for
potential effects to historic architecture and archaeology. It was determined that no surveys were
required for historic architecture. An archaeological "survey required" was determined.
Additional surveys were completed with an archaeological effects determination. After intensive
surveys were completed an "archaeological no adverse determination" was issued. Tribal
coordination letters were sent to the Catawba Indian Nation, Eastern Band of Cherokee Indians,
Cherokee Nation, United Keetoowah Band of Cherokee Indians and the Muscogee Creek Nation
on August 24, 2022. The Catawba Indian Nation was the only tribe to respond, with a "no
immediate concern" determination (see attached forms).
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
Beaverdam Creek (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 11-12 feet in width. The stream has sufficient flow to support fish and other
aquatic life. Beaverdam Creek, from the project site, flows approximately 1.78 miles to the
Pigeon River, which meets the definition of a Traditional Navigable Water. For these reasons,
we believe that Beaverdam Creek and UTs to Beaverdam Creek are a Relatively Permanent
Water and is under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct
the project, it will be necessary to impact waters of the United States in the French Broad Basin
(HUC 060101060105). Specifically, NCDOT is requesting to replace Bridge 248 & Bridge 249
with a precast culvert/tunnel structure. Listed below is a summary of the proposed impacts.
Project impacts are also detailed within the permit design plans:
Site No.
Station
Existing Condition
Type of Impact
Net
Impacts
Impact
Type
Site 1
Stream A
84" Pipe Extension
97'
P
Site IA
Stream A Streambank
Rip -Rap Bank Stabilization
33'
P
Site 1B
Stream A
Dewatering/Diversion
10,
T
Site 2
Stream A
66" Pipe Extension
17'
P
Site 2A
Stream A
72" Driveway Pipe Relocation (Foot for Foot)
70'
P
Site 2B
Stream A Streambank
Rip -Rap Bank Stabilization
35'
P
Site 2C
Stream A
Dewatering/Diversion
10,
T
Site 2D
Stream A Streambank
Rip -Rap Bank Stabilization
17'
P
Site 3
Beaverdam Creek (BC)
Rip -Rap Bank Stabilization (Ditch to 60" Pipe)
19,
P
Site 3A
Beaverdam Creek (BC)
Dewatering/Diversion
51'
T
Site 3B
Beaverdam Creek (BC)
Rip -Rap Bank Stabilization
44'
P
Site 4
Beaverdam Creek (BC)
120" Pipe Boring Landing Pad
83'/<0.01
T

Bridge 248/249 — Haywood County Page 5
November 8, 2023
Site 5
Stream B
42" Temporary Pipe
65'
T
Site 5A
Stream B
Dewatering/Diversion
20'
T
Total Permanent Stream Impacts for Culverts 184'
Total Temporary Stream/Wetlands Impacts for Culverts/Landing Pad 148'/<0.01 acres
Total Permanent Impacts Streambank Stabilization 148'
Total Temporary Impact Impervious Dike and Diversion 91,
Impact Summary Discussion
Site 1 includes an 84" culvert extension, on the north side of Interstate 40, due to the roadway fill
slopes that are needed to tie into the headwall of the roadway culvert/tunnel structure. The 84"
culvert will be embedded 1' to aid in the retention of channel substrate, to aid with aquatic
passage. Site IA is rip -rap bank stabilization, to protect streambanks from scour above the
culvert extension, from the lateral 2' wide base ditch (Detail B) carrying roadway stormwater
that ties into Stream A and Site I is the dewatering needs. Site 2 includes a 66" culvert
extension, on the south side of Interstate 40, due to the roadway fill slopes that are needed to tie
into the headwall of the culvert/tunnel structure. The 66" culvert will be embedded 1' to aid in
the retention of channel substrate, to aid with aquatic passage. Site 2A is a 72" H x 70' L
driveway culvert relocation due to the roadway intersection shift of Silkwood Drive (SR 1637)
and Beaverdam Road (SR 1613), due to the precast arch culvert/tunnel. NCDOT did not request
mitigation for the 72" H x 70' L culvert relocation since there was an existing 70' culvert in
place under Silkwood Drive (SR 1637) and NCDOT will only be changing the culvert location.
Site 2B is rip -rap bank stabilization, to protect streambanks from scour below the Site 2 culvert
extension, from the special cut ditch (Detail G) carrying roadway stormwater that ties into
Stream A and Site 2C is the dewatering needs. Site 21) is rip -rap bank stabilization, to protect
stream banks on the inlet/outlet portions of Site 2A culvert relocation. Site 3 is rip -rap bank
stabilization, to protect streambanks of Beaverdam Creek from scour, from the special 4' base
ditch (Detail T), carrying stormwater from Beaverdam Road (SR 1613). Site 3A is the
dewatering needs and Site 3B is rip -rap bank stabilization, to protect the streambanks of
Beaverdam Creek from scour, from the 6' channel ditch (Detail V) that carries floodwaters
during a 100-Year Storm Event. The 6' channel ditch is on the outlet portion of a 10' smooth
wall steel pipe that will be directionally bored under Interstate 40 to carry floodwaters during a
100-Year Storm Event. Site 4 is temporary fill/dewatering for the installation of a pipe boring
pad to allow the boring activities to install a 10' smooth wall steel pipe under Interstate 40. Site 5
is the temporary installation of a 42" H x 65' L culvert to provide temporary access to the
business adjacent to the project due to their current access being cutoff due to the closure of
Beaverdam Road (SR 1613) during construction. Once construction activities are complete and
Beaverdam Road (SR 1613) is re -opened the culvert will be removed and the UT to Beaverdam
Creek will be placed back to pre -construction conditions. Site 5A is the dewatering needs.

Bridge 248/249 — Haywood County Page 6 November 8, 2023
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. Mr. David McHenry, Western NCDOT Review
Coordinator of the North Carolina Wildlife Resources Commission (NCWRC), has prepared
project comments on March 10, 2023 (See Attachment). This application has been sent to the
North Carolina Department of Environmental Quality (DEQ), Division of Water Resources
(DWR) for a 401 written certification.
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,
Patrick J. Breedlove
Division 14 — PDEA Engineer
Enclosures
cc: Ms. Holland Youngman, Biologist, US Fish &Wildlife Service, Asheville
Mr. David McHenry, Western NCDOT Review Coordinator, NCWRC,
Mr. Kevin Mitchell, Division of Water Resources — DEQ, Asheville