20190586 Ver 1_U-5888_NWP 14 and 12 narrative_20190503

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
May 3, 2019
Ms. Crystal Amschler
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
JAMES H. TROGDON, III
SECRETARY
Subject: Nationwide Permit 14 and 12 Application
U.S. 23 Business (N. Main St.) and Walnut St. Round -About
Shelton Branch, Haywood County, NC
TIP No. U-5888, State Project No. 44625.1.1
Dear Ms. Amschler:
The North Carolina Department of Transportation (NCDOT) is requesting authorization for
stream and wetland impacts that are necessary for improvements to the intersection U.S. 23
Business (N. Main St.) and Walnut Street in Waynesville, Haywood County, NC. The state
funded project involves replacement of a complex signalized intersection with a round -about to
improve traffic flow. The work will require stream impacts to accommodate fill slopes, a culvert
extension, utility crossings, and stream bank stabilization.
Section 7
Carolina northern flying squirrel (Glaucomys sabrinus coloratus), gray bat (Myotis grisescens),
Indiana bat (Myotis sodalis), northern long-eared bat (Myotis septentrionalis, NLEB),
Appalachian elktoe (Alasmidonta raveneliana), spruce -fir moss spider (Microhexura montivaga),
small whorled pogonia (Isotria medeoloides), spreading avens (Geum radiatum), and rock gnome
lichen (Gymnoderma lineare) are known from current records and are listed as either threatened
or endangered in Haywood County.
Shelton Branch flows to Richland Creek, which then flows into Lake Junaluska. There are no
known populations of Appalachian elktoe in these waters or in waters downstream of the project
area, so there should be no effect of the project on this mussel.
The project area is urban and there is no suitable habitat for small whorled pagonia, so the project
will have no effect on small whorled pagonia.
Mailing Address: Telephone: [phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax: [phone] NC DEPARTMENT OF TRANSPORTATION
Division 14 Customer Service: 1-877-368-4968 Division 14
253 Webster Road 253 Webster Road
Sylva, North Carolina 28779 Webstte: www.ncdot.gov Sylva, North Carolina 28779

U-5888 Haywood County Page 2 May 3, 2019
The project area is too low in elevation or does not have damp rock faces or other habitats that
would be suitable for rock gnome lichen, spruce -fir moss spider, spreading avens, or flying
squirrel.
Gray bats usually roost in caves or in/on structures year-round while Indiana bats and NLEB only
winter in caves. During warm seasons Indiana bats and NLEB usually roost on/in structures,
under the shaggy bark of live trees such as white oaks, sycamores, and hickories, or in cavities or
under the loose peeling bark of dead trees. This project will require tree removal and culvert
demolition, but there are no caves or nearby the project. The potentially roost suitable culverts
were inspected for bat usage on multiple occasions with the most recent check being on May 2,
2019. No bats or sign were detected. The project area is not situated in a region (i.e. "red HUC")
where there are known NLEB maternity roosts and/or hibernacula and the nearest records are
over a mile away. The construction work will require the removal of about 32 trees from the
streambanks and yards. There will likely be percussive activities with the project (hoe -ramming
and/or jack hammering) to break concrete and install guardrail, but this work should be
intermittent and infrequent and limited to a few hours a day in some weeks. There are no areas
where bedrock blasting is anticipated.
To protect Indiana bats, obstructing trees will be removed between October 15 and April 15
(winter clearing) of any year. With the clearing restriction, a "may affect, not likely to adversely
affect" determination for Indiana bat should apply to the project. This tree clearing restriction
will protect other potentially roosting bats in the area from direct disturbance as well. Based on
this and the preceding information, the project should have "no effect" on gray bats and be
compliant with the Final Section 4(d) rule for NLEB, codified at 50 C.F.R. § 17.40(o) and
effective February 16, 2016.
Section 106
This project was reviewed by NCDOT's Human Environment Unit in 2016-2017 for potential
effects to architectural and archaeological resources. There was a determination of "No Effect"
for architecture and "No Survey Required" assessment for archaeology. Furthermore, the project
area is not in an area known to harbor appreciable intact archaeological resources.
Impacts to Waters of the United States
Shelton Branch has a well-defined channel and banks. It flows downstream to Richland Creek,
Lake Junaluska, and then on to the Pigeon River which meets the definition of a Traditional
Navigable Water. Therefore, we believe the affected stream is 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 Hiawassee River Basin (HUC 06010106030020). Impacts are listed
in the PCN, in the impact summary table on sheet 8 of the attached plans, and summarized in the
table below. A PJD has not been requested in accordance with prior Corps guidance since only
one potential WOUS feature will be affected.
Site
Existing
Proposed Impact
New Permanent Impact
1
2@10'x8'x45' reinforced
. 2@11'x9'x89'
• 44' culvert
concrete box culvert and rip
reinforced box culvert
extension
rap streambank protection
with sills and baffles
• 120' rip rap
benches and
stabilization

U-5888 Haywood County Page 3 May 3, 2019
• rip rap benching for
single cell low flow
and bank stabilization.
• 3 subaqueous water
and sewer lines
2
1@15'x5' bottomless arch
. Open channel with
155' rip rap and cross
culvert and rip rap
cross vane and rip rap
vane
streambank protection
stabilization
• 1 subaqueous sewer
line
Compensatory Mitigation and Plan
Compensatory mitigation is not proposed since the permanent stream losses are considered
minimal. A NCSAM rating was also completed which returned a "low" rating due to water
quality stressors, lacking vegetative buffers, and other factors attributed to this urban area.
Permits Requested
NCDOT hereby requests authorization under Section 404 of the Clean Water Act to proceed with
the construction project outlined above. 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). The project area is within a "designated trout
watershed" (as described in the Nationwide Regional Permit Conditions) and we would like
comments on this request from the NC Wildlife Resources Commission.
Please contact me at [phone] if you have any questions or need additional information to
evaluate this request. Your prompt attention to this request is greatly appreciated.
el ed by: 2
v- 5/3/2019
8B673FBE42E5415...
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. Claire Elwanger, Biologist, US Fish & Wildlife Service, Asheville
Mrs. Marla Chambers, Western NCDOT Coordinator, NCWRC
Mr. Scott Miller, Division 14, Project Engineer, NCDOT