20190909 Ver 1_EB-5923 NWP cover letter_20190708

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
July 8, 2019
Ms. Crystal Amschler
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide Permit 14 and 13 Application
Skyland Drive (SR 1432) Sidewalk Project
Corrugated Metal Pipe Replacement and Channel Modifications
Allens Branch, Jackson County, NC
TIP No. EP-5923
Federal Project Number TAP 1432 (007)
State Project No. 47589.1.1
Dear Ms. Amschler:
JAMES H. TROGDON, III
SECRETARY
The North Carolina Department of Transportation (NCDOT) is requesting a permit for
replacement of corrugated metal pipes (cmp) that carry Allens Branch (Class C) under SR 1432
in Jackson County, NC. The dual 48" cmps that are under the road now have over -widened the
stream channel and contributed to excessive bedload aggradation upstream and downstream. The
pipes will be replaced along with the EB-5923 sidewalk project partly to gain sufficient road
shoulder width for an American with Disabilities Act compliant sidewalk on the upstream side.
Additionally, more shoulder width is proposed on the downstream side to increase vehicle
recovery area. The existing culverts pipes also need to be replaced because they are clogged with
bedload, too small to clean -out effectively, and likely rusted -out as well. The new structure will
consist of three parallel 60" diameter cmps with the center pipe set one foot lower than the others
to serve as the low flow channel conveyance. All pipes will have one foot high metal sills at the
inlets and outlets to help retain some bedload.
We are requesting authorization for the new cmps as well as excavation and stabilization impacts
upstream and downstream of the crops to remove aggraded streambed material and to create more
stable channel cross sections. This work would provide a benefit to the stream in terms of
improving channel stability and sediment transport over time.
This is a federally funded project.
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
Webstte: www.ncdot.gov
Location:
NC DEPARTMENT OF TRANSPORTATION
Division 14
253 Webster Road
Sylva, North Carolina 28779

EB-5923 Jackson County Page 2 July 8, 2019
Section 7
In Jackson County, Carolina northern flying squirrel (CNFS, Glaucomys sabrinus coloratus),
gray bat (Myotis grisescens), Indiana bat (Myotis sodalis), Appalachian elktoe (Alasmidonta
raveneliana), spruce -fir moss spider (Microhexura montivaga), swamp pink (Helonias bullata),
small whorled pogonia (Isotria medeoloides), rock gnome lichen (Gymnoderma lineare), and
northern long-eared bat (Myotis septentrionalis, NLEB) are the federally -listed (threatened or
endangered) species that are known from current records or suspected to occur.
High elevation habitats for CNFS or spruce fir moss spider do not exist in the project area.
Wetlands will not be impacted, so there will be no effects of the project on swamp pink.
The project is not at a high elevation or in a gorge with damp rock faces that could support rock
gnome lichen.
The project area is in the Tuckaseegee River watershed upstream of occupied habitat for
Appalachian elktoe. However, the project will not affect this species because habitat is several
miles from the project area.
Forested habitat that could support small whorled pagonia will not be affected by the project.
Impacts will occur in disturbed road shoulders that are vegetated with maintained turf or dense
scrub vegetation.
There are no caves or mines on or evident near the site that could serve as roosts for gray bats.
The project area is in an area that USFWS considers possibly supporting Indiana bats and it is in a
"red huc" for NLEB. However, the project will not require blasting or modify suitable roost
structures. The project will require removal of about 10 trees near the culvert and about 35 trees
elsewhere on the EB-5923 project. There are no records for NLEB within 0.25 mile of the
project area. And, forest interiors that could serve as foraging habitat for bats are absent; the
project area is in an urban setting. This project will be compliant with the 4d Rule for NLEB.
And, tree clearing will occur from October 15 to April 15 only for a determination of "may affect
not likely to adversely affect" for Indiana bats. Ms. Claire Ellwanger with the U.S. Fish and
Wildlife Service concurred with these Section 7 determinations.
Section 106
The project is not in a Western NC Water and Corridor specified by 2.8 of the NWT Final
Regional Conditions (>2 miles from Tuckasegee River). The project was screened for cultural
resource considerations by NCDOT's Human Environment Unit in accordance with the
Programmatic Agreement with the NC Historic Property Office (NCHPO). No survey was
necessary for archaeological resources. A survey for historic architecture was undertaken due to
a potentially eligible property nearby that the NCHPO later concurred was not actually eligible.
Impacts to Waters of the United States
Allens Branch has a well-defined channel and banks. This stream flows downstream to Scott
Creek, which in turn flows to the Tuckasegee River. The Tuckasegee River 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 Little Tennessee River Basin (HUC

EB-5923 Jackson County Page 3 July 8, 2019
060102030200). 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.
Site
Pre -Existing
Impact
New Permanent Impact
feet
1
2@46 feet long X 48"
3@63 feet long X 60" diameter
17 (upstream and
diameter corrugated metal
corrugated metal pipes with
downstream
pipes with headwalls in
headwalls in Allens Branch
combined)
Allens Branch under SR
under SR 1432
1432
IA
stream channel and banks
Streambed and bank
17
excavation and stabilization
113
stream channel and banks
Streambed and bank
80
excavation and stabilization
1C
2@46 feet long X 48"
Temporary filled and
175
diameter corrugated metal
dewatered area (overlaps
pipes with headwalls in
permanent impact areas)
Allens Branch under SR
1432
And stream channel and
banks
Compensatory Mitigation and Plan
Compensatory mitigation is not proposed since there are no more than minimal impacts to aquatic
environments posed by the work. Streambed stability and habitat should improve as well.
Permits Requested
NCDOT hereby requests authorization under Section 404 of the Clean Water Act for the
proposed 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). Though the stream is not classified as trout water, 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.
99YBd by:
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Dave McHenry
Division 14 Environmental Officer
Enclosures

EB-5923 Jackson County Page 4 July 8, 2019
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
Ms. Danielle Schwanke, Division 14, Project Manager, NCDOT
Attach: s in PCN