20200667_U-5887_NWP_Cover_letter.signed_20200514

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
May 14, 2020
Ms. Crystal Amschler
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
J. ERIC BOYETTE
SECRETARY
Subject: Nationwide Permit 14 Application
TIP U-5887 SR 1783 (North Highland Lake Road) from NC 225 to West of US
176, Henderson County, NC
WBS Element: 44634.1.1
Dear Mrs. Amschler:
The North Carolina Department of Transportation (NCDOT) is requesting a Nationwide 14
Verification for stream and wetland impacts for improvements to about 1 mile of SR 1783 (North
Highland Lake Road) in Henderson County, NC. There are utility relocations and upgrades on
the project, but all crossings of jurisdictional areas will be completed with directional bores or
overhead suspensions with no disturbance.
This is a state funded project.
Section 7
Carolina northern flying squirrel (Glaucomys sabrinus coloratus), gray bat (Myotis grisescens),
northern long-eared bat (NLEB, Myotis septentrionalis), Appalachian elktoe mussel (Alasmidonta
raveneliana), swamp pink (Helonias bullata), small whorled pogonia (Isotria medeoloides),
bunched arrowhead (Sagittaria fasciculata), mountain sweet pitcher plant (Sarracenia jonesii),
and white irisette (Sisyrinchium dichotomum) are the federally listed species that have current
records or that are suspected to be present in Henderson County.
There are no records for Appalachian elktoe mussels in the King Creek Watershed and larger
Mud Creek Watershed. There are scattered occurrences of this mussel in the French Broad River
downstream of the project area, but the distance to the river is several miles. The Mud Creek
Watershed is likely too polluted to support this mussel. Therefore, the project should have no
effect on Appalachian elktoe mussels.
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
Division 14
253 Webster Road
Sylva, North Carolina 28779
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968
Webstte: www.ncdot.gov
Location:
NC DEPARTMENT OF TRANSPORTATION
Division 14
253 Webster Road
Sylva, North Carolina 28779

U-5887 Henderson County Page 2 May 14, 2020
Carolina northern flying squirrel is a species that requires high elevation habitats (>5000 feet)
that are not found at the site.
The construction will affect small areas of forested habitats (totaling <0.1 acre) where small
whorled pagonia could occur. However, the suitable habitats were surveyed twice, most recently
on May 12, 2020, and no specimens were observed.
Swamp pink, bunched arrowhead, and mountain sweet pitcher plants are found in some saturated -
soil wetlands in Henderson County. There are records for these plants in the vicinity of the
project, with the closest species being bunched arrowhead which is found in a wetland adjoining
the project. Bunched arrowhead plants were observed in that wetland most recently on May 12,
2020. The project will not impact that wetland directly and NCDOT has coordinated with US
Fish and Wildlife Service staff regarding stormwater drainage design to reduce the potential for
hydrologic changes. The other wetland that will be directly impacted by the project does not
have shallow ground saturation probably because of underdrains installed when the adjoining
park was initially constructed as a golf course. The wetland impact areas were surveyed for these
listed plants most recently on May 12, 2020 and no specimens were observed. Therefore, we
believe the project will have no effect on swamp pink and mountain sweet pitcher plant, but "may
affect but not likely adversely affect" bunched arrowhead.
White irisette is only found in some extreme eastern portions of Henderson County where soils
and topography are markedly different that at the project site.
The project will require removal of an estimated 50 trees. The culverts that will be impacted on
the project were inspected for bat usage and signs of usage on May 12, 2020 and no evidence was
noted. The work will not disturb structures or caves that could be suitable as roosts or
hibernacula for bats. Construction will not require night-time disturbance in riparian corridors
and there will be no permanent lighting. There will be short-term percussive activities for rock
hammering at the King Creek culvert and elsewhere for guardrail installation, but such activities
would be infrequent and likely involve only a few days of the overall construction duration. The
project area is within the range of NLEB, but it is several miles from any known roosts or
hibernacula. For these reasons, the project should have no effect on NLEB or gray bats.
Section 106
The project was reviewed by NCDOT's Human Environment Unit staff under the PA Agreement
with the NCHPO. The project was surveyed and a determination of "No National Register Listed
or Eligible Properties Affected" was levied in 2017. This area is not in a Western NC Water and
Corridor specified by 2.8 of the NWP Final Regional Conditions. Coordination of this report
with Federally recognized Tribes was not undertaken by NCDOT. The project will affect the
Flat Rock Historic District, however determinations of "no adverse effects" were levied by the
NCHPO based on several prescriptive avoidance and mitigative measures outlined in the effects
form included with this application submittal.
Impacts to Waters of the United States
King Creek and Dye Branch which will be impacted by the project have well-defined channels
and banks. The streams flow downstream to Mud Creek and eventually down to the French Broad
River, which meets the definition of a Traditional Navigable Water. Therefore, we believe the
affected streams are under the jurisdiction of the U.S. Army Corps of Engineers. In order to
construct the project, it was necessary to impact waters of the United States in the French Broad

U-5887 Henderson County Page 3 May 14, 2020
River Basin (HUC 06010105030020). Impacts are listed in the PCN and summarized in the
table below. A PJD is included with this submittal.
Impact (Feet)
Site
Pre -Existing
Impact
(culvert and wetland fill
impacts highlighted)
1
King Creek and
1@54'Lx28'Wx6'H
-40
2@40'Lx72" CMPs
Conspan Arch (i.e. bridge)
1
King Creek and
Temporary flow diversions
95
2@40'Lx72" CMPs
as needed to construct
1 @54'Lx28'Wx6'H
Conspan Arch
1
King Creek
Rip rap protection and
75
streambed restoration under
and near the new
1 @54'Lx28'Wx6'H
Conspan Arch
2
King Creek and bank
Rip rap protection for 18"
30
RCP and ditch outlet
2
King Creek and bank
Temporary flow diversions
50
as needed to construct rip rap
protection for 18" RCP and
ditch outlet
3
Dye Branch and
1@78'Lx95"Wx67"H Arch
50
existing 1 @40'Lx60"
Culvert and reopened section
(-10 from removal of old
CMP
of Dye Branch
culvert)
3
Dye Branch and
Temporary flow diversions
160
existing 1@40'Lx60"
as needed to construct
CMP
1@78'Lx95"Wx67"H Arch
Culvert and reopened section
of Dye Branch
4
Wetland (grass cover)
Road shoulder fill for
0.03 acre (fill)
widening and road shift
0.02 acre (mechanized
clearing)

U-5887 Henderson County Page 4 May 14, 2020
Compensatory Mitigation and Plan
Compensatory mitigation is proposed for wetland impacts, but we are not proposing stream
mitigation for this project since the total stream channel loss for new culverts is only 50 feet. It is
also notable that the existing dual culverts in King Creek, which are not retaining bedload and
that have perched outlets, are being replaced with a bottomless creek crossing which will
eliminate 40 feet of existing stream channel fill. Likewise, the new culvert in Drift Branch (Site
3) will be shifted slightly downstream of the existing culvert, which is also clean and perched,
and thereby reopen about 10 feet of stream channel.
Permits Requested
NCDOT hereby requests verification of use of NWP 14 for the project under Section 404 of the
Clean Water Act. Due to the wetland impacts, we also request a written General Certification
under Section 401 of the Clean Water Act from the North Carolina Department of Environmental
Quality, Division of Water Resources (DWR). The project area is not within a "designated trout
watershed" (as described in the Nationwide Regional Permit Conditions) though we would
welcome timely comments on this request from the NC Wildlife Resources Commission.
Please contact me at [phone] if you have any questions or need additional information to
evaluate this request. Thank you for your attention to this matter.
Lcu S��red by:
;.�.
eiM'it'Mor Dave McHenry
Division 14 Environmental Officer
Enclosures
cc: Mr. Kevin Mitchell, Division of Water Resources, DEQ, Asheville
Ms. Claire Ellwanger, Biologist, US Fish & Wildlife Service, Asheville
Mrs. Marla Chambers, Western NCDOT Coordinator, NCWRC
Mr. Barry Mosteller, Division 14, DDC Project Engineer, NCDOT