20211241 Ver 1_B-3186_B-5898_GP 50 Cover and Sec 106 Sec 7 Summary_20210919

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

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

September 19, 2021

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

Subject: RGP 50 Permit Application
B-3186 and B-5898
US 23/74/19 Intersection Improvement and Bridge Replacements/Widening
(bridges 430107, 430110, 430155, 430158, and 430168)
Haywood County, North Carolina
WBS No.s 38332.1.FS1 and 48030.1.FS1

Dear Mrs. Amschler:

The North Carolina Department of Transportation (NCDOT) Division 14 needs to modify the
intersection of US 23/74/19 and replace and widen bridges over Richland Creek, US Highway 19, and
the Blue Ridge Southern Railroad line in Haywood County. Several of the bridges are in poor condition
including one (430168) that is the worst rated in the division due to an advanced state of deterioration. A
written GP50 verification is hereby requested for the proposed unavoidable impacts to waters. This
project is federally funded with the Federal Highway Administration serving as the lead federal agency.
The Categorical Exclusion for the project was completed on September 17, 2021.

Section 7
Informal Section 7 consultation was undertaken with the U.S. Fish and Wildlife Service (USFWS).
Informal concurrence was rendered by the U.S. Fish and Wildlife Service on July 26, 2021 and is
included with this application submittal. In summary, the project “may affect but not likely adversely
affect” Indiana bat (Myotis sodalis), gray bat (Myotis grisescens), and northern long-eared bat (NLEB,
Myotis septentrionalis). A may affect but not likely adversely affect opinion was also recommended by
the USFWS for small whorled pogonia (Isotria medeoloides), however the project area was surveyed
within the 2021 survey window for this plant and there were no specimens found.

Section 106
There was a “no survey required” determination rendered for archaeology. Consultation with the
federally recognized tribes has been completed with the only response received being that from the
Muscogee Tribe. The Muscogee Tribe did not express specific concerns about the project. The
correspondence is included in the application submittal.

B-3186 and B-5898 Page 2 September 19, 2021
Haywood County

The project will affect the Determined Eligible Lake Junaluska Assembly Historic District. A
determination of “no adverse effect” was rendered provided a landscaping plan is developed and
implemented jointly between the NCDOT, NC Historic Property Office, and Lake Junaluska Assembly.
The plan has been drafted and will be completed before construction.

Impacts to Waters of the United States
The project will impact Richland Creek (DEQ Class: B) and one unnamed tributary to Richland Creek.
Richland Creek has a large watershed and supports fish. The NC Wildlife Resources Commission has
preliminarily indicated that the trout moratorium would not apply to the project (April 10, 2015
correspondence). The UT is in poor condition (rated LOW in NCSAM) due to pollution, past
straightening, and stormwater impacts. An NCSAM sheet was prepared for this UT and is included with
this submittal and other supporting information in the pJD package.

Richland Creek and the UT are believed to be Relatively Permanent Waters that 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 Pigeon River Basin (HUC 06010106030020). Specifically,
NCDOT is requesting to perform fills for temporary dewatering/fills and rip rap bank protection in
Richland Creek and a UT as specified in the following table.

Site No.

Existing
Condition
Proposed Condition Net
Impacts
Site 1 Richland Creek temporary fill/dewatering for old bridge demolition 165’
Site 2 Richland Creek temporary fill/dewatering for temporary bridge 94’
Site 3 UT Richland Creek temporary fill/dewatering for detour construction 32’
Site 3 UT Richland Creek temporary detour and stream stabilization 1169’

Total Permanent Stream Impact 1169’
Total Temporary Stream Impact 291’

There is considerable impact necessary for unavoidable temporary dewatering/fill and subsequent
stabilization of the UT Richland Creek (SA). Compensatory mitigation has not been proposed because
the permanent and temporary impacts are considered minimal in this situation. The design was modified
to provide some functional uplift of the stream, which is currently in poor condition due to past

B-3186 and B-5898 Page 3 September 19, 2021
Haywood County

modification, pollution, and stormwater impacts. This modified design has been vetted with the agencies
and it is not considered a loss.

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 WRC, to comment directly to the regulatory agencies and myself concerning the Regional General
Permit Verification and 401 WQC Written 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