20190892 Ver 1_SR 1284 Timberlane NWP Cover Letter_20190705

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
July 5, 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 — After -the -Fact with Proposed Modification
of Stream Channel Below Culvert Outlet
Timberlane Drive (SR 1284) Corrugated Metal Pipe Replacement
Gash Creek, Henderson County, NC
State Project No. 1413.204411
Dear Ms. Amschler:
The North Carolina Department of Transportation (NCDOT) is requesting after -the -fact
authorization for replacement of a corrugated metal pipe (cmp) that carries Gash Creek (C) under
SR 1284 in Henderson County, NC. The steel pipe was replaced with a 11.5'wide x 7' high
x36'long aluminum pipe, which is 6 feet longer and similar dimensions to the pre-existing. A
project of this scope would, under normal circumstances, be covered by the non -notification
conditions. However, the culvert outlet elevation was inadvertently set too high due to a
combination of survey error and flood -induced channel changes that occurred shortly after
surveying occurred.
We are requesting authorization for the culvert as well as additional fill impact downstream of the
culvert to construct two closely spaced rock weirs that should eliminate the culvert perch. This
work would provide a benefit to the stream in terms of improving channel stability and sediment
transport. This road is a dead-end road that initially had to be shut down to allow the installation
of the new culvert in a single night. Therefore, the proposed work is a desirable solution to the
perch since it would not require additional road closure and further potential to block emergency
vehicles.
This is a state funded project.
Section 7
Carolina northern flying squirrel (Glaucomys sabrinus coloratus), gray bat (Myotis grisescens),
northern long-eared bat (NLEB, Myotis septentrionalis), Appalachian elktoe mussel (Alasmidonta
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 1284 Henderson County Page 2 July 5, 2019
raveneliana), swamp pink (Helonias bullata), small whorled pogonia (Isotria medeoloides),
bunched arrowhead (Sagittaria fasciculata), mountain sweet pitcher plant (Sarracenia jonesii),
and white irisette (Sisyrinchium dichotomum) are the federally listed species that have current
records or that are suspected to be present in Henderson County.
The project area is not suitable for mussels and is about 1.9 stream miles upstream of the French
Broad River, which is known to support Appalachian elktoe mussels. Therefore, the construction
work should have no effect on this species.
Carolina northern flying squirrel is a species that requires 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.
Areas adjacent to the road and culvert are wooded, but they have too much dense understory for
pagonia to occur.
Swamp pink, bunched arrowhead, and mountain sweet pitcher plants are found in some saturated -
soil wetlands in Henderson County. There are records for swamp pink and mountain sweet
pitcher plant in wetlands along Gash Creek. There also are wetlands near the road and culvert.
However, there are no boggy areas or other wetlands in the project footprint and these plants were
not seen during site visits.
White irisette is only found in some extreme eastern portions of Henderson County where soils
and topography are markedly different that at the project site.
The project did not require tree removal. The original culvert was too short to serve as a bat
roost. The completed work did not disturb structures or caves that could be suitable as roosts or
hibernacula for bats. And, construction did not require percussive activities or night-time
disturbance on a large river corridor proper. For these reasons, the project should have had 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 this part of Henderson County and the
site is several miles from any known hibernacula or maternity roost. The proposed stream
channel work should also not have any effect on bat species.
Section 106
The project is not in a Western NC Water and Corridor specified by 2.8 of the NWP Final
Regional Conditions (approximately 0.9 mile from French Broad River). This project should
have had no effect on significant architectural or archaeological resources since all work was
undertaken within an existing stream channel 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
Gash Creek has a well-defined channel and bank. 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 was necessary to impact waters of the United States in the French Broad
River Basin (HUC 060101050200). Impacts are listed in the PCN and summarized in the table

SR 1284 Henderson County Page 3 July 5, 2019
below. A PJD has not been prepared in accordance with prior Corps guidance since only one
potential WOUS feature will be affected.
Full survey -based drawings and plans for this type of routine maintenance work are typically not
prepared and have not been prepared in this situation. However, sketches have been prepared are
included to assist in the evaluation of the project.
Site
Pre -Existing
Impact
New Permanent Impact
1
30' Long Steel Arch Pipe
11.5'wide X 7' high X36'long
6
aluminum pipe (already
installed)
1
Stream channel and pipe
Dewatered pipe and stream
(60' of Temporary)
channel
1
Bare stream bank
Rip Rap shoulder/bank
5
immediately upstream of
stabilization (already installed)
culvert
1
Scoured stream channel
Rock weirs and channel
15
and bare stream banks
margin fill to restore channel
downstream of culvert
width and eliminate culvert
perch
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 for the
completed construction work and proposed construction and waiver of the culvert burial
requirement of the 2017 Final Regional Conditions in this situation. 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.
2V_ 7/5/2019
C8B673FBE42E5415
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

SR 1284 Henderson County Page 4 July 5, 2019
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. Tyler Rogers, Division 14, Bridge Maintenance Engineer, NCDOT
Attach: s in PCN