20210627 Ver 1_15614.1075010_Nationwide Permit Cover Letter and NRTR_20210420

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER ERIC BOYETTE
GOVERNOR SECRETARY

Division 14 Office
Telephone: [phone] 253 Webster Road, Sylva, North Carolina 28779 Fax: [phone]

April 20, 2021

Ms. Crystal Amschler - Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714

Subject: Nationwide 3 and 12 Permit Applications
Stormwater Drainage System Repairs on f I-26 and Old Howard Gap Road (SR 1122)
Polk County, North Carolina
WBS Element No. 15614.1075010

Dear Ms. Amschler:

The North Carolina Department of Transportation (NCDOT, Division 14) will be repairing portions of a
failing drainage system on I-26 and Old Howard Gap Road (SR 1122) in Polk County (see map in e-PCN
submittal). A severe failure of this system occurred during a February 2019 storm event that washed-out
a section of Old Howard Gap Road. Though considerable time has passed, repairs of the drainage system
are still considered urgent due to the potential for failures closer to or even under I-26. Federal funds
have been used for preliminary engineering work on the project. This letter requests written verification
for the repairs because of a “may affect likely to adversely affect” determination for effects on white
irisette (Sisyrinchium dichotomum, US Endangered).

Section 7
Consultation with USFWS for white irisette (plants) is nearing completion (see request in e-PCN
submittal). Individual plants will be impacted because a stormwater drainage pipe must be routed around
an unstable slope that is adjacent to a large, scattered plant population (N=~228 individuals) and then it
must cross through the population in order to return flow into its natal catchment. As described in the
concurrence request, the project has undergone considerable design modification to minimize effects on
plants, but unfortunately impacts cannot be avoided entirely. NCDOT will relocate about 12-15
individuals from the population to a suitable location nearby. Those plants and the plants not directly
impacted but in proximity to the construction will be monitored with invasive plant control efforts for 5
years.

NCDOT has determined that the proposed action does not require separate consultation for northern
longeared bats (Myotis septrentrionalis, NLEB) on the grounds that the proposed action is consistent
with the final Section 4(d) NLEB rule, codified at 50 C.F.R. § 17.40(o) and effective February 16, 2016.
NCDOT may presume its determination is informed by best available information and consider Section 7
responsibilities for this project fulfilled for NLEB.

I-26 and Old Howard Gap Page 2 April 20, 2021
Polk County

The project is not expected to have any effect on other listed species currently known to occur in Polk
County.

Section 106
Consultations are completed with no adverse effects expected to 106 resources. A scoping
request was sent to the five currently federally recognized tribes on October 6, 2020 (see
consultation letter in e-PCN attachments). No comments have been received to date. The
project was reviewed under Section 106 by the NC Historic Preservation Office with a response
of “no comment” offered.

Impacts to Waters of the United States
The project will impact UTs North Pacolet River (DWQ Class: C, Tr.). One UT (Site 2, SC) is
shown on the USGS topographic map as a perennial stream, while the other two that will be
impacted are not. All streams have well defined channels with a substrate of bedrock or cobble
with high proportions of sand and silt (see photos of Site 3 included in e-PCN submittal). For
these reasons, we believe the UTs are Relatively Permanent Water and are 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 Broad River Basin (HUC 03050105150010).
Specifically, NCDOT is requesting to perform fills for temporary dewatering and armoring for
channel protection and stormwater dissipation on UTs to North Pacolet River as specified in the
following table.

Site No.

Existing Condition Proposed Condition Net
Impacts
Site Impact
1 UT North Pacolet River Temporary fill/dewatering to
replace existing junction box 25’
Site Impact
2 UT North Pacolet River Temporary fill/dewatering for
access pad to slip line pipe 40’
Site Impact
3 UT North Pacolet River
Temporary fill/dewatering for
construction of dissipator
pad/channel realignment
242’*
Site Impact
3 UT North Pacolet River
Permanent rip fill for construction
of dissipator pad/channel
realignment (no channel length
loss)
136’
Note. About half this channel length may be temporarily impacted for dewatering and possibly equipment crossing needs
at Site 3, but the specific location of all these impacts cannot be determined definitively until road construction to the site
begins. Therefore, the added footage was incorporated to account for this uncertainty.

Total Permanent Stream Impact for Rip-Rap 136’
Total Temporary Impact for Dewatering 307’

I-26 and Old Howard Gap Page 3 April 20, 2021
Polk County

Compensatory mitigation for impacts has not been requested because the channel realignment
will not reduce the stream length and the interstitial spaces in the rip rap protection on the
streambed should quickly refill with “native” bedload (sand and silt) during storm events.
Though the stream has a good buffer at the impact site, the buffer is severely degraded upstream
due to the slope failure, tree toppling, and associated erosion.

Trout Resources
Although the unnamed tributaries to be impacted drain to the North Pacolet River, they are steep,
too small to support fish, and have heavy siltation in pools as a result of watershed erosion. The
North Pacolet River is about 2 miles downstream of the impact areas and it, similar to the UTs,
also has poor-quality trout habitat at the confluence with the tributaries. The work also is time-
sensitive since a major rain event could trigger more slope failures before action is taken. For
these reasons, we respectfully request consideration be given to waiving the trout moratorium
requirement for this specific project.

Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. This application has been sent to the North
Carolina Department of Environmental Quality (DEQ), Division of Water Resources (DWR)
because it will require a written GC as well. By copy of this letter, I am asking Mrs. Marla
Chambers, Western NCDOT Review Coordinator of the North Carolina Wildlife Resources
Commission (NCWRC), to comment directly to the regulatory agencies and myself concerning
the 404 Nationwide Permit and 401 WQC requests.

Please contact me at [phone] if you have any questions about this application or need
additional information. Your prompt review and consideration of this request will be greatly
appreciated.

Cordially

Dave McHenry
Division 14 DEO

Enclosures

cc: Mrs. Marla Chambers, Western NCDOT Review Coordinator, NCWRC, Albemarle
Mr. Kevin Mitchell, Division of Water Resources – DEQ, Asheville

4/20/2021