20171210 Ver 1_Percussive Information_20170922

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY

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

Website: www.ncdot.gov
Location:
NC DEPARTMENT OF TRANSPORTATION
Division 14
253 Webster Road
Sylva, North Carolina 28779

September 22, 2017

Ms. Lori Beckwith
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714

Subject: Nationwide 14 Permit Application
SR 1547 (Old Airport Road) From US 25 (Hendersonville Road) to SR 1551
(Mills Gap Road)
UTs Cane Creek, Henderson County, North Carolina
TIP No. U-5840, State Project No. 50231.1.01

Dear Ms. Beckwith:

The North Carolina Department of Transportation (NCDOT) is proposing converting the existing
two lane with a partial center turn lane section of SR 1547 (Old Airport Road) from US 25
(Hendersonville Road) to SR 1551 (Mills Gap Road) to a widened two lane with full length
center turn lane roadway. The work will require extending or adding corrugated metal culverts
that pass UTs to Cane Creek under a commercial drive and SR 1545 (Cane Creek Road).

Inlcuded in the submittal are preliminary jurisdictional determination form, Division of
Mitigation Services acceptance letter, cultural resource review forms, maps, plan sheets,
photographs, and other supporting project information.

In Henderson County, Carolina northern flying squirrel (Glaucomys sabrinus coloratus),
Appalachian elktoe mussel (Alasmidonta raveneliana), swamp pink (Helonias bullata), small
whorled pogonia (Isotria medeoloides), bunched arrowhead (Sagittaria fasciculata), mountain
sweet pitcher plant (Sarracenia jonesii), white irisette (Sisyrinchium dichotomum), and northern
long-eared bat (NLEB, Myotis septentrionalis) have current records and are listed as threatened or
endangered. Also, the endangered gray bat (Myotis grisescens) has been recently found in the
county.

Appalachian elktoe mussels are found in some cool-water rivers in the region that have moderate
to fast flowing water and stable, mixed-substrates of silt, sand, gravel, and/or cobble. All records
of this mussel are from relatively large streams such as the French Broad, Little, and Mills Rivers.
There are no records from tributaries to these rivers. The streams to be impacted at the project
U-5840, Henderson County Page 2 September 22, 2017

site are too small to support mussels and this species of mussel has never been found in the Cane
Creek watershed.

The project area is only about 2,100 feet in elevation, so there is no habitat present for the
Carolina northern flying squirrel.

White irisette only occurs in the eastern portions of Henderson County and the northeast corner of
Rutherford County and only where there is open dry to mesic oak-hickory forest on rocky steep
terrain with shallow soils. This project is in north-central Henderson County. And, the forested
areas, road shoulders, and maintained landscaping in the project area are not suitable for this
plant.

Swamp pink and mountain sweet pitcher plants are found in bogs or other wetlands with surface
or shallow hydrology, while bunched arrowhead is considered a submerged aquatic plant that
occurs in seeps. These plants have been found in this region of Henderson County, but this
project will not affect any wetlands.

Small whorled pogonia may be found in open, dry, deciduous woods with acid soil, often in
association with white pine and rhododendron, though it can also occur on slopes along streams.
It requires a relatively open canopy where sunlight can reach the forest floor. The terrestrial
habitats in the project area are mostly landscaped or impervious, but there are small forested areas
that will impacted. These areas were surveyed and small whorled pagonia were not detected.

Gray bats usually roost in caves year-round while NLEB only winter in caves or mines with
stable, but not freezing cold temperatures. This project only involves existing road
improvements, so construction work will not extend far from the existing right-of-ways into areas
where caves may occur. Blasting is not anticipated with this project, though some jack-
hammering, mostly with handheld equipment, may periodically occur (few hours/week)
throughout the duration of construction work. There are no caves or mines in the immediate area.
Therefore, gray bats and hibernating NLEB should not be affected by the project.

When not hibernating NLEB and sometimes gray bats will roost on structures while NLEB often
roost under the shaggy bark of live trees such as white oaks, sycamores, and hickories, or in
cavities and under the loose peeling bark of dead trees. The metal culvert to be replaced under
SR 1545 was surveyed on May 17, 2017 and there were no bats or evidence of bat roosting noted.
Moreover, the project area is not situated in a “Red HUC” where NLEB hibernacula or maternity
roost trees are an identified concern and it is several miles away from the nearest “Red HUC”.
Therefore, this project is consistent with the final Section 4(d) rule, codified at 50 C.F.R. §
17.40(o) and effective February 16, 2016. The construction work will require the removal of
about 75 large trees from forested or landscaped areas totaling roughly 3 acres of new roadway
disturbance; of that acreage about 0.3 acres is naturalized forested area.

Either habitats for listed species are absent in the project area or none of these species were
observed during field surveys. For these reasons and those discussed above, we recommend that
a determination of “no effect” on listed species and apply to this project.

This project was reviewed by NCDOT’s Human Environment Unit in 2016 for potential effects to
archaeological resources with a determination of “survey not required”. An effects determination
for architectural resources was coordinated with the NC Historic Property Office in 2016 with
findings of “no adverse effect” on two nearby historic register eligible properties.
U-5840, Henderson County Page 3 September 22, 2017

Impacts to Waters of the United States

The UT Cane Creek SA (DWQ Class: C) is shown on a topographic map and has a well-defined
base channel approximately 6’ wide with a substrate of gravel, silt, and sand. UT Cane Creek SB
is not shown, but it does have a defined and highly disturbed channel and a substrate of silt sand,
and road gravel. SB flows directly into SA, which then flows into Cane Creek about 0.6 mile
downstream. Cane Creek flows into the French Broad River about 3.5 miles downstream. The
French Broad River (HUC 06010105) meets the definition of a Traditional Navigable Water. For
these reasons, we believe the UTs Cane Creek are Relatively Permanent Waters and under the
jurisdiction of the U.S. Army Corps of Engineers. The project will result in impacts to waters of
the United States as listed in the table below:

Site No.
Station

Existing Condition

Proposed Condition
Net
Impacts
(feet)
1
UT Cane Creek (SA) and
60’ L x 60” corrugated metal
culvert
90’ L x 115” W x 78” H structural
plate arch culvert 30
1A UT Cane Creek (SA)
Temporary impervious dikes and
flow diversions upstream and
downstream of culvert
70
1B UT Cane Creek (SA) upstream
of box culvert rip rap and benching along channel 15
1C UT Cane Creek (SA)
downstream of box culvert rip rap and benching along channel 25
1D UT (SB) to UT (SA) Cane
Creek 45’ L x 30” concrete pipe 45

Total Permanent Stream Impacts for Culverts 75’
Total Permanent Tributary Impacts for Rip rap/Benching 40’
Total Temporary Stream Impacts for Dikes and Flow Diversions 70’

Compensatory Mitigation

Approval for compensatory mitigation was sought and granted for all combined permanent
stream impacts from culvert fill. NCSAM evaluations rated both the perennial stream A and the
intermittent stream B as “low”, so NCDOT requests consideration of a lower mitigation ratio
(1:1) for the stream impacts from culvert fill.

Permits Requested

NCDOT hereby requests authorization under Section 404 of the Clean Water Act to proceed with
the construction project outlined above. The project area is not in a “designated trout watershed”
U-5840, Henderson County Page 4 September 22, 2017

as described in the Nationwide Regional Permit Conditions, however, we are requesting
comments on the request from Mrs. Marla Chambers, Western NCDOT Coordinator with the NC
Wildlife Resources Commission.

NCDOT requests authorization for the project under Section 401 of the Clean Water Act from the
North Carolina Department of Environmental Quality, Division of Water Resources (DWR).

Please contact me at [phone] if you have any questions or need additional information to
evaluate this request. Your prompt attention to this matter is greatly appreciated.

Sincerely,

Dave McHenry
Division 14 Environmental Officer

Enclosures

cc: Ms. Amy Chapman, Division of Water Resources, DEQ, Raleigh
Ms. Kristie Lynn Carpenter, Division of Water Resources, DEQ, Raleigh
Mr. Kevin Barnett, Division of Water Resources, DEQ, Asheville
Ms. Marella Buncick, Biologist, US Fish & Wildlife Service, Asheville
Mrs. Marla Chambers, Western NCDOT Coordinator, NCWRC
Mr. Steve Cannon, PE, Division 14 District 1 Engineer, NCDOT

9/22/2017