R-5763_CP_4A_Merger_Concurrence_Form_SIGNED

STIP Project R-5763
Concurrence Point 4A
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Section 404/NEPA Merger Project Team Meeting Agreement
Concurrence Point No. 4A
Avoidance and Minimization Measures
Project Name/Description: SR 1540 (Wilson Road) between US 276 and SR 1504 (Old US 64/Old
Hendersonville Highway). STIP Project: R-5763
The following is a summary of AMMs as applied to jurisdictional resources to meet the requirements of
Sections 404 and 401 of the Clean Water Act.
1. The study area does not extend into the French Broad River as NCDOT has determined that
the roadway alignment will be shifted away from the river where necessary to improve
horizontal and vertical alignment.
2. The French Broad River provides habitat for the Appalachian elktoe, a federally protected
species (endangered), which has been found in the stretch of the river adjacent to Wilson
Road. NCDOT is conducting a Biological Assessment (BA) to evaluate the potential effects of
this project on the Appalachian elktoe. Based on the BA, the US Fish and Wildlife Service will
develop a Biological Opinion (BO), which will be completed prior to the completion of the
environmental document.
3. The study area has been minimized to avoid impacts to the French Broad River where it is
adjacent to the roadway. The study area is sized to accommodate an improvement of Wilson
Road on existing alignment where possible and realignment where necessary to bring the
horizontal and vertical alignment up to current design standards.
4. The 2016 Feasibility Study evaluated a new location concept and found it to have substantial
additional impacts to the human and natural environment when compared to the proposed
upgrade of the existing alignment.
5. Build Alternative 1 and Build Alternative 2 shifted the alignment of the majority of the road
away from the French Broad River. Build Alternative 1 replaces the bridge over the French
Broad River on new alignment, avoiding the need for an additional temporary bridge, which
would have additional impacts.
6. The existing bridges will be replaced with bridges on new location. The bents of the new
bridges will be placed outside of the stream channel. The bents of the existing bridges that
are in the stream channel will either be removed or cut at the stream bed.
7. Deck drains will not be used on either the bridge over Williamson Creek or the French Broad
River, thereby eliminating direct discharge into the creek and river.
8. Based on current designs, the bridge over Williamson Creek will be approximately 265 feet
long and the bridge over the French Broad River will be approximately 1,150 feet long to
provide the appropriate amount of hydraulic conveyance.
9. NCDOT will use Design Standards in Sensitive Watersheds throughout the project due to the
proximity of the project to the French Broad River and crossing of Williamson Creek.
10. The existing culverts in the study area are corrugated metal pipe (CMP) and less than 72
inches and not considered major structures. They will be removed or filled and replaced with
appropriately sized pipes that will be realigned with the stream to provide hydraulic
conveyance.
11. NCDOT shall require the contractor to use clean stone for the construction of the causeways.
This will minimize unnecessary sediment input into the river.
DocuSign Envelope ID: 4A5F0FA3-4236-4FA3-9424-891FBFDA0596
STIP Project R-5763
Concurrence Point 4A
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12. All of the stone used in constructing the causeway will be removed and disposed of off-site, or
the stone can be used in areas that require permanent stone protection after project
completion.
13. To minimize disturbance to the streambed, care will be taken to remove all readily detectable
causeway material to the extent practicable, while removing as little of the original streambed
as possible.
14. Construction fabric will not be used under the causeway material, as it tends to shred and
litter areas downstream during removal.
15. Equipment that is placed on the causeways will be removed any time throughout a workday
when the water level rises, or is expected to rise overnight, to a point where the equipment
could be flooded, or during periods of inactivity (two or more consecutive days). The only
exception to this measure is that the crane may be left in place for periods of inactivity;
however, it must also be removed if the water rises, or is expected to rise, to a point where
the crane could be flooded.
16. NCDOT shall commit to requiring its contractor to have clean, non-leaking equipment on the
causeway or within the waterway limits; diapers on-site for each causeway; and spill kits
located at each causeway.
17. With the exceptions noted below for the crane, all construction equipment will be refueled at
least 200 feet from all water bodies and be protected with secondary containment. The crane
will be refueled provided spill response materials (such as spill blankets and fueling diapers)
are used during the refueling. Hazardous materials, fuel, lubricating oils, or other chemicals
will be stored outside the 100-year floodplain or at least 200 feet from all water bodies
(whichever distance is greater), not in a Water of the U.S., and preferably at an upland site.
Areas used for borrow or construction by-products will not be located within wetlands or the
100-year floodplain.
18. When constructing drilled shafts, if required, a containment system will be developed so that
substrate material does not enter the river. Any material by-product will be pumped out of
the shaft to an upland disposal area and treated through a proper stilling basin or silt bag.
19. The Sediment and Erosion Control Plan will be in place prior to any ground disturbance. When
needed, combinations of erosion control measures (such as silt bags in conjunction with a
stilling basin) will be used to ensure that the most protective measures are being
implemented.
20. Construction of new bridges will be accomplished in a manner that prevents uncured concrete
from coming into contact with water entering or flowing in the river.
21. The Contractor will be required to prosecute the work in a continuous and uninterrupted
manner from the time he begins the work until completion of each phase of structure
construction, demolition and completion. The Contractor will not be permitted to suspend his
operations except for reasons beyond his control or except where the Engineer has authorized
a suspension of the Contractor’s operations in writing.
22. In the event that the Contractor’s operations are suspended in violation of the above
provisions or it is determined the Contractor is not deemed to be pursuing the work in a
continuous manner in accordance with his submitted and approved schedule, an appropriate
amount per day will be charged the Contractor for each and every calendar day that such
suspension takes place. The said amount is hereby agreed upon as liquidated damaged due to
extra engineering and maintenance costs and due to increased public hazard resulting from a
suspension of the work. Liquidated damages chargeable due to suspension of the work will be
additional to any liquidated damages that may become chargeable due to failure to complete
the work on time.
DocuSign Envelope ID: 4A5F0FA3-4236-4FA3-9424-891FBFDA0596
STIP Project R-5763
Concurrence Point 4A
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23. NCDOT will use energy dissipators to reduce the velocity of stormwater prior to entering the
French Broad River and other streams.
24. NCDOT will investigate opportunities to use 2:1 slopes at jurisdictional stream crossings as
practicable.
The following is a summary of AMMs as applied to the human environment to meet the requirements
Sections 404 and 401 of the Clean Water Act.
1. The Feasibility Study analyzed three concepts and determined that:
a. Concept 1 – Minor upgrades and improvements using 3R guidelines; did not meet
proposed purpose and need of project.
b. Concept 2 – Upgrade the road to Major Collector design standards; meets purpose and
need and has fewer impacts and is less costly than Option 3
c. Concept 3 – Upgrade the road to Principal Arterial design standards; required the road
to be realigned on new location, resulting in higher residential relocations and a higher
cost.
Therefore, NCDOT recommended Concept 2 be carried forward, which includes adjustments
to the horizontal and vertical alignment while retaining current alignment to the extent
feasible. This concept became Build Alternative 1.
2. No known FEMA buy-out parcels are located within the study area.
3. Majority of the project is within the 100-year floodplain currently and will remain in the 100-
year floodplain in the future.
4. Build Alternative 1 aligns Wilson Road with Ecusta Road, which will improve safety at these
two intersections.
5. The Build Alternatives improve Wilson Road in its existing location instead of rerouting the
road on new alignment creating substantial impacts to homes and the natural environment.
6. Hydraulic 2D modeling was used to study the potential of the proposed design to impact
structures in or near the floodplain. Based on the results of the 2D modeling, the vertical
alignment in some locations was raised to prevent overtopping in a 50-year storm event and
the French Broad River bridge was extended to cover the entire floodplain.
7. The alignment of the Preferred Alternative will not impact the Knob Creek Properties fly ash
disposal site or the Aqua North Carolina well.
8. Build Alternative 1 impacts the fewest residences and businesses when compared to Build
Alternative 2, which would have impacted the residences and businesses on existing Wilson
Road north of the French Broad River due to replacing the bridge in place.
9. On-site detours will be used under Build Alternative 1.
10. A local ditch section was used on Wilson Road to reduce impacts, instead of the standard,
hinged arterial ditch for a roadway of this volume and classification. Using a 6:1 ditch
frontslope results in a narrower clear zone which allows for use of a 2:1 backslope. This
reduced impacts to properties by requiring fewer acquisitions as well as reducing the amount
of cut/fill on the slope.
11. To minimize impacts to the Jenkins House historic property, a retaining wall was used reducing
the area requiring tree clearing from 1 acre to 0.7 acre.
DocuSign Envelope ID: 4A5F0FA3-4236-4FA3-9424-891FBFDA0596
STIP Project R-5763
Concurrence Point 4A

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The Merger Team has concurred on this date of July 15, 2020, on the Avoidance and Minimization
Measures for STIP Project R-5763.

USACE NCDOT
USEPA NCDWR
USFWS Land of Sky RPO
NCWRC Eastern Band of
Cherokee Indians

DocuSign Envelope ID: 4A5F0FA3-4236-4FA3-9424-891FBFDA0596