20190839 Ver 1_SR 1109_NWP Cover Letter_20190623

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
June 23, 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 3 Application
SR 1109 (Hannah Ford Road) 1@50'Lx24" Corrugated Metal Pipe
Replacement
UT French Broad River, Transylvania County, NC
State Project No.14.208711
Dear Ms. Amschler:
The North Carolina Department of Transportation (NCDOT) is requesting authorization for
replacement of 1@50'Lx 24" diameter corrugated metal pipe (cmp) that carries a UT to French
Broad River (B Tr) under SR1109 in Transylvania County, NC. A project of this scope would
normally be considered exempt from permitting, however, the site is only about 0.25 mile
upstream of the French Broad River in a reach where Appalachian elktoe (Alasmidonta
raveneliana) mussels are known to occur. For work in waters, a "may affect not likely to
adversely affect" determination is often applied to potential effects to federally listed aquatic
species that may be within 0.5 mile downstream.
This is a state funded project.
Section 7
Carolina northern flying squirrel (Glaucomys sabrinus coloratus), Appalachian elktoe, mountain
sweet pitcher plant (Sarracenia rubra ssp. jonesii), small whorled pogonia (Isotria medeoloides),
spreading avens (Geum radiatum), swamp pink (Helonias bullata), Virginia spiraea (Spiraea
virginiana), rock gnome lichen (Gymnoderma lineare), gray bat (Myotis grisescens), and northern
long-eared bat (NLEB, Myotis septentrionalis) are threatened or endangered species known from
current records or suspected to occur in Transylvania County.
The French Broad River which supports Appalachian elktoe mussels is only 0.25 mile
downstream of the site. Although a "may affect not likely to adversely affect" for this species
may apply to this instream work, it is extremely unlikely that the work would have any
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

SR 1109 Transylvania County Page 2 June 23, 2019
measurable effects on the river due to the scope of the proposed work and the use of a temporary
flow bypass to work in the dry. Moreover, the stream between the site and the river is already
heavily silted and degraded due to regular agricultural ditch maintenance (please refer to the
photographs included with the PCN).
Carolina northern flying squirrel, rock gnome lichen, and spreading avens are species that require
very high elevation habitats that are not found at the site.
The construction will not affect forested habitats where small whorled pagonia could be found.
Scoured river banks, gravel bars, or other habitats that could support Virginia spiraea are not
present near the culvert work.
Swamp pink and mountain sweet pitcher plants are found in some saturated -soil wetlands in
Transylvania County, but there are no boggy areas or other wetlands in the project area.
The project will require removal of one tree that is growing over the outlet of the existing culvert.
This tree is a large healthy sycamore without much loose bark that could harbor roosting bats.
The culvert itself is too small and short to serve as a bat roost. The work will not disturb
structures or caves that could be suitable as roosts or hibernacula for bats. And, construction will
not require percussive activities or night-time disturbance on a large river corridor proper. For
these reasons, the project should have no effect on NLEB or gray bats. Any incidental take of
NLEB would be consistent with the 4d Rule as there are no known hibernacula or maternity
roosts in Transylvania County and the site is several miles from any known hibernacula or
maternity roost.
Section 106
The project is in a Western NC Water and Corridor specified by 2.8 of the NWP Final Regional
Conditions. However, this project should have no effect on significant architectural or
archaeological resources since all work will be undertaken within an existing stream
channel/ditch and banks and disturbed right-of-way. The project has been pre-screened for
cultural resources in accordance with the NCDOT's Programmatic Agreement with the NC
Historic Property Office.
Impacts to Waters of the United States
The UT French Broad River is confined to ditches in the vicinity of the project site, however
there is a well-defined channel and banks evident upstream of project. This stream flows
downstream to the French Broad 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 French Broad River Basin (HUC 06010105010050). Impacts are listed in
the PCN and summarized in the table below. A PJD has not been prepared in accordance with
prior Corps guidance since only one potential WOUS feature will be affected.
Drawings and plans for this type of routine maintenance work are typically not prepared and have
not been prepared in this situation. Note however, that the new culvert will be placed in
accordance with invert burial requirements (20% of culvert diameter) specified by the NWP Final
Regional Conditions. However, ditch maintenance by the landowner downstream of the culvert
could result in a perched condition in the future.

SR 1109 Transylvania County Page 3 June 23, 2019
Site
Pre -Existing
Im act
New Permanent Impact
1
1 50'Lx24"
1 50'Lx24"
0
Compensatory Mitigation and Plan
Compensatory mitigation is not proposed since there were no permanent stream losses from the
work and there were no more than minimal impacts to aquatic environments.
Permits Requested
NCDOT hereby requests authorization under Section 404 of the Clean Water Act to authorize the
construction work. This work does not require written certification 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 welcome 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. Thank you for your attention to this matter.
Singe�sl d by:
La 6/23/2019
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. Ben Williams, Division 14, Transylvania County Maintenance Engineer, NCDOT