20170638 Ver 1_U-5105_permit modification request Feb2020_20200221

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
February 21, 2020
Ms. Crystal Amschler
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Modification Request for General Permit 31 Verification
Action ID SAW 2012-00203 and DWR 20170638
NC 225 at SR 1779 (Shephard Dr.) and SR 1164 (Erkwood Dr.)
Unnamed Tributary to King Creek, Henderson County, NC
TIP No. U-5105, State Project No. 410903.1.1
Dear Ms. Amschler:
JAMES H. TROGDON, III
SECRETARY
The North Carolina Department of Transportation (NCDOT) is requesting modification of its
authorization for improvements to NC225 South of downtown Hendersonville, NC to cover
unavoidable temporary impacts in the same footprint of previously approved impacts. During the
installation of utilities (sewer lines) under the road system, the final inspection of these utilities
did not pass inspection from the Town of Hendersonville. In order to effect repairs of these
utilities, the UT to King Creek will require the removal of banks stabilization and floodplain
benches to facilitate the excavation of these sewer lines and relaying them, such that they will
pass the requirements of the Town of Hendersonville. Temporary dewatering and replacement of
permanent stabilization will be required in order to complete the necessary repairs. The impacts
associated with these repairs are noted in the table below in bold and are identified in the
supplied drawings.
Impacts to Waters of the United States
The UT to King Creek has well-defined channel is shown on the USGS topographic map. King
Creek (DWR Class: C) is shown on the USGS topographic map as a perennial stream. It has a
10' wide channel with a sand and cobble bed. King Creek flows on to the French Broad River via
Bat Fork Creek, Johnson Drainage Ditch, and Mud Creek prior to the it's discharge into the
French Broad River, which meets the definition of a Traditional Navigable Water (TNW). For
these reasons, we believe King Creek and its tributaries is a Relatively Permanent Waters and
under the jurisdiction of the U.S. Army Corps of Engineers. In order to complete the project, it
was necessary to impact waters of the United States in the French Broad River Basin (CU
06010105). Listed below is a summary of the impacts, including in bold the additional
impacts for which authorization is now requested:
Mailing Address: Telephone: [phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax: [phone] NC DEPARTMENT OF TRANSPORTATION
Division 14 Customer Service: 1-877-368-4968 Division 14
253 Webster Road 253 Webster Road
Sylva, North Carolina 28779 Website: www.ncdot.gov Sylva, North Carolina 28779

U-5105, Henderson County Page 2 February 21, 2020
Net
Site No.
Surface Water
Proposed Condition
Impacts
Station
(linear
feet)
1
UT to King Creek
Dewatering and Culvert Extension
257'
IA
UT to King Creek
Construction of floodplain benches
55'
2
UT to UT to King Creek
Installation of Culvert Extension
60'
Temp dewatering (100') and open cut
of stream (30') at the inlet end of box
1
UT to King Creek
culvert to facilitate re-laying of sewer
0'
line. All bank stabilization and
flood lain benches shall be reinstalled.
Temp dewatering (100') and open cut
of stream (30') at the outlet end of box
1A
UT to King Creek
culvert to facilitate re-laying of sewer
0'
line. All bank stabilization and
flood lain benches shall be reinstalled.
Compensatory Mitigation
As there will be no resulting permanent impacts with this activity, no additional mitigation is
proposed.
Permits Requested
NCDOT hereby requests authorization under Section 404 of the Clean Water Act. NCDOT
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. We regret that this stream was missed during field reviews and that
additional permitting was therefore needed for this project.
Srijr "d by:
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Division 14 Environmental Specialist
Enclosures
cc: Ms. Amy Chapman, Division of Water Resources, DEQ, Raleigh
Ms. Kristie Lynn Carpenter, Division of Water Resources, DEQ, Raleigh

U-5105, Henderson County Page 3 February 21, 2020
Mr. Kevin Mitchell, Division of Water Resources, DEQ, Asheville