20211241 Ver 2_B-3186_B-5898 - Haywood County - RGP 50 Cover Letter (Revision 7.11.23)_20230711

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER J.ERIC BOYETTE
GOVERNOR SECRETARY
July 11, 2023
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—Revision
USACE SAW-2021-02027 &NCDWR#20211241
B-3186 and B-5898
US 23/74/19 Intersection Improvement and Bridge Replacements/Widening
(Bridges 430155, 430158, and 430168)
Haywood County,North Carolina
WBS Number: 38332.LFS I and 48030.LFS 1
Dear Mrs. Amschler:
The North Carolina Department of Transportation(NCDOT)Division 14 requests to modify the existing
Regional General Permit(RGP) 50, SAW-2021-02027. The original permit application was submitted on
9.19.2021, included bridge number 430107(Bridge on U.S. 23/74 north bound over the Blue Ridge
Southern Railroad between U.S. 276 and N.C. 209)and bridge number 430110(Bridge on U.S. 23/74
south bound over the Blue Ridge Southern Railroad between U.S. 276 and N.C. 209). Bridge 430107 and
430110 have been removed from the current B-3186/13-5898 project due to construction costs exceeding
federal project funding. The area of potential effects (APE)have been reduced in length,reducing
impacts to the Lake Junaluska Assembly Historic District and temporary/permanent impacts have been
reduced at all three permit sites.NCDOT needs to improve the intersection of US 23/74/19 and replace
and widen bridges over Richland Creek and U.S. Highway 19/23, in Haywood County. All three 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 RGP 50 modification is hereby requested for the proposed unavoidable
impacts to Waters of the United States. This project is federally funded with the Federal Highway
Administration serving as the lead federal agency and the project let date is anticipated for September 1,
2023. The Categorical Exclusion for the project was completed on September 17,2021 and the
Categorical Exclusion consultation will be completed prior to construction.
Section 7
Informal Section 7 re-consultation was requested with the U.S. Fish and Wildlife Service(USFWS) on
March 10, 2023. Informal concurrence was rendered by the U.S. Fish and Wildlife Service on May 8,
2023 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), Tricolored Bat(Perimyotis
Division 14 Office
lephone: [phone] 253 Webster Road, Sylva,North Carolina 28779 Fax: [phone]

B-3186 and B-5898 Page 2 July 11,2023
Haywood County
subflavus) 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 and 2023 survey window for this
plant and there were no specimens found.NCDOT has requested night work to be allowed for the
proposed project due to annual daily traffic, as well as mechanized pile driving and jackhammering to
remove the existing bridge foundations, installation of new bridge foundations and the installation of
guardrail.
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.
The project will have minor impacts to 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,N.C. Historic Property Office, and Lake Junaluska
Assembly. The plan has been drafted and will be completed during project construction.NCDOT will
directly fund the landscaping cost and the Lake Junaluska Assembly will be managing the work in
coordination with the N.C. Historic Property Office. NCDOT presented project redesign to the N.C.
SHPO Board on April 27,2023, and was approved. The FHWA was present in the meeting.
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
indicated that the trout moratorium would not apply to the project(April 10,2015 &March 20, 2023,
correspondences). 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 French Broad 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. Please note that original net impacts are also listed in the
following table identifying that all temporary and permanent impacts have been reduced in redesign.
Site No. Existing Proposed Condition Net Impacts
Condition
Site 1 Richland Creek Temporary fill/dewatering for old bridge 165' (Original Impacts)
demolition 115' (New Proposed Impacts)

B-3186 and B-5898 Page 3 July 11,2023
Haywood County
Site 2 Richland Creek Temporary fill/dewatering for temporary bridge 94' (Original Impacts)
80' (New Proposed Impacts)
Site 3 UT Richland Temporary fill/dewatering for detour construction 32' (Original Impacts)
Creek 10' (New Proposed Impacts)
Site 3a UT Richland Temporary detour and stream stabilization 1169' (Original Impacts)
Creek 1006' (New Proposed Impacts)
Total Permanent Stream Impacts: 1169' (Original Impacts) 1006' (New Proposed Impacts)
Total Temporary Stream Impacts: 291' (Original Impacts) 205' (New Proposed Impacts)
There is considerable impact necessary for unavoidable temporary dewatering/fill and subsequent
stabilization of the UT to 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
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 Mr. David McHenry, 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(828) 508 - 7397 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,
;Varuc4 P, Ewed.~
Patrick J. Breedlove
Division 14—PDEA Engineer
Enclosures
cc: Mr. David McHenry, Western NCDOT Review Coordinator,NCWRC,Waynesville
Mr. Kevin Mitchell, Division of Water Resources—DEQ, Asheville