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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
March 16, 2020
Ms. Crystal Amschler
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 Verification Request
TAMES H. TROGDON, III
SECRETARY
NCDOT Project No. R-5605
Davidson River Village Connector from US Highway 64 to US Highway 64/276
Transylvania County, NC
Dear Ms. Amschler:
The North Carolina Department of Transportation (NCDOT) is requesting a Nationwide 14
Verification for a design change to the 0.8-mile Davidson River Village Connector project that
NCDOT is constructing for Davidson River Village, LLC in Transylvania County. The western
terminus of the project was supposed to include a new signalized intersection at US Highway 64,
but at the request of the City of Brevard, the new intersection was changed to a dual lane round-
about. This will require stream impacts for the roundabout itself. In addition, due to a design
oversight, more impact is needed to allow for the sidewalk adjacent to a previously authorized
impact. This original impact (Site 1) is considered single -and -complete with the new impacts that
are requested under Nationwide 14. Listed in the following section are a summary of the
previously permitted impacts for the project (Action ID 2014-01120 and DWQ No. 14-0923)
and a list of currently proposed impacts.
Impacts to Waters of the United States
A Nationwide 13, 18, and 39 (Action ID SAW 2014-01120) and GCs 3885 and 3890 (DWQ No.
14-0923) were issued to Davidson River Village, LLC to construct this project. Authorized
impacts included 282 feet of culverts and headwalls at two sites/unnamed tributaries to the
Davidson River and 280 feet of rip rap stabilization for bridges on the Davidson River and a side
channel of the river. Previously authorized impacts are listed below with the additional impacts
for which authorization is now requested under Nationwide 14 (in bold). In yellow highlight
are the stream channel losses that are considered single and complete for the requested
Nationwide Permit Action.
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

R-5605, Transylvania County Page 2 March 16, 2020
Net
Site No.
Existing Condition
Proposed Condition
impacts
Station
(feet)
1*
UT Davidson River
246 feet of 72" reinforced concrete
246
pipe (rcp) and headwalls (built)
2
UT Davidson River
fill for bridge abutment
36
3
Davidson River
rip rap bank protection for bridge
145
abutments
3
Davidson River (Side Channel)
rip rap bank protection for bridge
135
abutments
UT Davidson River
14 feet x 36" rcp inlet extension
1*
(520 feet 30" of old corrugated metal pipe —
(approx. 500 feet of new 36" rcp drainage
14
cmp - drainage system)
system)
1*
UT Davidson River
temporary dewater dike/pipe
60
2A*
UT Davidson River
18 feet x 54" rcp outlet extension
18
(110 feet of old 3'x4' box culvert)
(approx. 128 feet of new 54" rcp drainage system)
2A*
UT Davidson River
temporary dewater dike/pipe
50
2A*
UT Davidson River
rip rap bank protection
26
2B*
246 feet of 72" rcp and headwalls
14 feet of 72" RCP culvert
14
(Site 1 in original permits)
extension on inlet for sidewalk
2B*
UT Davidson River
temporary dewater dike/pipe
41
(Site 1 in original permits)
* Single and complete grouping total channel loss equals 292 feet.
Section 7
In Transylvania County, Carolina Northern Flying Squirrel (CNFS, Glaucomys sabrinus
coloratus), Appalachian Elktoe mussel (Alasmidonta raveneliana), Mountain Sweet Pitcher Plant
(Sarracenia rubra ssp. jonesii), Small Whorled Pogonia (SWP, Isotria medeoloides), Swamp
Pink (Helonias bullata), Virginia Spiraea (Spiraea virginiana), Rock Gnome Lichen
(Gymnoderma lineare), Northern Long-eared Bat (Myotis septentrionalis, NLEB), and Gray Bat

R-5605, Transylvania County Page 3 March 16, 2020
(Myotis grisescens) are listed as either threatened or endangered and are known from current
records or anticipated to occur in the county.
The affected project area was surveyed on September 16, 2019 for streams and wetlands and
SWP, the only potentially present listed species. There are records for two listed species within 2
miles of the project area, NLEB and swamp pink.
Though they are found in the French Broad River downstream of the project, the project will have
no effect on Appalachian elktoe mussels since effective erosion controls will be used and because
occupied habitat is approximately 2 miles from the project area.
The project will not impact wetlands, so there will be no effect on mountain sweet pitcher plants
or swamp pink.
The project will not affect streambanks where Virginia spiraea could be found.
The project area is not at an elevation high enough to where typical habitat for CNFS might be
affected.
The project area does not have damp rock faces that could support rock gnome lichen.
Most of the area to be impacted is roadway or a waste area that was cleared for waste disposal
from construction of other portions of the project. Those areas were surveyed for SWP
previously and none were found Little remaining forested habitat will be affected by the project
and these areas appear to have limited potential to support SWP due to dense understory
vegetation or powerline corridor maintenance. Forested areas do not receive dappled light that
could support SWP. The pedestrian surveys failed to detect any SWP in the project area.
There are no caves, bridges, or mines evident near the site that could serve as roosts for gray bats.
The project area is in an area that USFWS considers in the range of NLEB, but it is not in a "red
HUC" for NLEB and over 0.25 mile from the nearest "red HUC". Minor tree clearing
(approximately 10 trees) will be necessary with this project. The project will therefore be
compliant with the 4(d) rule for NLEB.
Section 106
The project areas were assessed by NCDOT Human Environment staffs who determined under
the PA Agreement that no surveys were required for this work.
Compensatory Mitigation
The original project permitted to Davidson River Partners, LLC did not require compensatory
mitigation. We believe that the proposed Nationwide 14 for the round -about work also should
not require compensatory mitigation as the combined permanent impacts associated with channel
loss or degradation for the new impacts are only 46 feet.
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).

R-5605, Transylvania County Page 4 March 16, 2020
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.
Sincerely,
Dave McHenry
Division 14 Environmental Officer
Enclosures
cc: Ms. Amy Chapman, Division of Water Resources, DEQ, Raleigh
Ms. Marla Chambers, NC Wildlife Resources Commission
Ms. Kristie Lynn Carpenter, Division of Water Resources, DEQ, Raleigh
Mr. Kevin Mitchell, Division of Water Resources, DEQ, Asheville