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Home My WebLink About20210561 Ver 1_Iredell_Bridge_No._136_-_NW3_CL_20210312 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION 12 PO BOX 47 SHELBY, NC 28151-0047 Telephone: (980) 552-4200 Fax: (704) 480-5401 Courier: 06-53-03 Website: www.ncdot.gov Location: 1710 E. MARION STREET SHELBY, NC 28152 March 3, 2021 Mr. Eric Alsmeyer, NCDOT Regulatory Project Manager U. S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Ms. Donna Hood, NCDOT Regulatory Project Manager NCDEQ - Division of Water Resources 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Subject: 404/401 Permit Application – Emergency Express Design Build Project Bridge No. 136 on SR 1561 (Liberty Hill Road) over the South Yadkin River Iredell County, North Carolina WBS No. DF17112.2049802 (NCDWR Minor Permit Fee $570.00) Dear Mr. Alsmeyer and Ms. Hood: The North Carolina Department of Transportation (NCDOT) is proposing to replace the subject bridge. The existing 6-span timber and steel bridge was washed out on November 12, 2020, during a major flood event. The proposed replacement structure will be a 3 @ 90’ L x 33’ W x 33” D box beam bridge on existing location. The two new interior bends (4 @ 42-inch drilled piers) will not be placed in the active river channel. The project will also require the reconstruction of approximately 124 linear feet of streambank on the south side of the river (south end bent), which will be constructed out of soil and Class II rip rap to provide long term bank stabilization. An off-site detour was developed by NCDOT following destruction of the old bridge and will continue to handle traffic during construction of the new bridge. I am enclosing a PCN application, Preliminary Jurisdictional Determination Forms, stormwater management plan, CE Document, cultural resource review (SHPO) forms, plan sheets showing the proposed work, a USGS quad map, photographs, and other supporting project information. Threatened and Endangered Species The US Fish and Wildlife Service (USFWS) county species list, updated June 17, 2020, lists 3 species with federal status for Iredell County that are known from current records or were known to occur in the county historically. In addition, a query of the North Carolina Natural Heritage Program (NCNHP) database, dated December 17, 2020, indicates that no threatened and endangered species occur in or within 1.0 mile of the project study area (PSA). Table 1. Threatened and Endangered Species Listed for Iredell County. Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Glyptemys muhlenbergii Bog Turtle T S/A No Not Required Myotis septentrionalis Northern long-eared bat T Yes MA-NLAA [exempt from official Biological Conclusion based on compliance with Final 4(d) Rule] or SLOPES Hexastylis naniflora Dwarf-flowered heartleaf T No No Effect E = Endangered T = Threatened MA, NLAA = May Affect, Not Likely to Adversely Affect S/A = Similarity of Appearance Bog Turtle USFWS Optimal Survey Window: April 1-October 1 (visual surveys); April 1-June 15 (optimal for breeding/nesting; May 1-June 30 (trappings surveys) Recommended Biological Conclusion: A biological conclusion is not required. Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. An onsite investigation conducted on December 11, 2020, found no suitable habitat in the form of wet or boggy areas; therefore, this project is not expected to affect this species. In addition, a review of the NCNHP database conducted on December 17, 2020, indicate no known occurrences of this species in or within one mile of the PSA. Northern long-eared bat USFWS Recommended Survey Window: June 1 – August 15 Recommended Biological Conclusion: May Affect, Not Likely to Adversely Affect [exempt from official Biological Conclusion based on compliance with the Final 4(d) Rule.] An onsite investigation conducted on December 11, 2020, identified suitable summer habitat including roosting, foraging, and commuting areas in the PSA. A review of the NCNHP database conducted on December 17, 2020, indicate no known occurrences of this species in or within 1.0 mile of the PSA. The nearest known hibernaculum or maternity roost trees for NLEB are located approximately 34 miles northwest of the PSA and the nearest underground mine (O. F. Patterson Mine) is 5.2 miles west of the PSA. Iredell County is not in a watershed considered to have maternity trees and/or hibernation sites for the species. No bats or signs of bat roosting were observed on the remaining section of bridge on the north side of the river. Minor tree removal is anticipated for this project; however, it would be consistent with the exemption from incidental take for NLEB as outlined in the Final 4(d) Rule streamlined consultation form. Per guidance from USFWS personnel, concurrence is granted by citing the following website and a 30-day response period is waved. https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html Dwarf-flowered heartleaf USFWS Optimal Survey Window: March-May Recommended Biological Conclusion: No Effect An onsite investigation conducted on December 11, 2020, indicated there is no suitable habitat for the DFH. No north-facing slopes that are open enough for the DFH exist in the study area. Since the survey was conducted outside the optimum survey window multiple transects were walked; however, no Hexastylis species were observed. A review of the NCNHP database conducted on December 17, 2020, indicates no known occurrence of this species in or within one mile of the PSA. Due to the lack of known occurrences and minimal impact anticipated for this project, it has been determined that this project will not affect this species. Bald and Golden Eagle Protection Act The Bald Eagle (Haliaeetus leucocephalus) was delisted in August 2007 and is protected by the Bald and Golden Eagle Protection Act (BGPA), which prohibits take of bald and golden eagles and provides a statutory definition of “take” that includes “disturb”. Habitat for Bald Eagle primarily consist of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites typically within 1.0 mile of open water. A desktop-GIS assessment of the PSA, as well as the area within a 1.0-mile radius of the project limits, was performed on December 11, 2020, using recent color aerials. The South Yadkin River is large enough to be considered a potential feeding area for Bald Eagle, as well as, nearby forested areas for nesting. Since there is potential nesting and foraging habitat in or near the PSA, a survey was conducted within a 1.0-mile radius of the PSA; however, no nests or live birds were observed. Recommended Biological Conclusion: No Effect No Bald Eagle nests or live birds were observed during the field surveys conducted December 11, 2020. Additionally, a review of the NCNHP database conducted on December 17, 2020, indicated no known occurrences of this species in or within 1.0 mile of the PSA. Due to the lack of known occurrences and minimal impact anticipated for this project, it has been determined that this project will not affect this species. Impacts to Waters of the United States The South Yadkin River [DWR Class: WS-IV; Stream Index No. 12-108-(5.5) a] is shown on the USGS topographic map as a perennial stream. The channel is well defined and approximately 60-feet wide with a substrate of sand and silt. The south stream bank will be rebuilt/restored with soil and Class II rip rap to the original contours before the flood event. There is a small unnamed tributary to the South Yadkin River in the northeast quadrant of the PSA; however, this stream will not be impacted by the project. Replacement of the bridge with another spanning structure will result in impacts to waters of the United States in the Yadkin Pee-Dee River Basin (HUC 03040102). The South Yadkin River is not listed on the final 2018 303(d) list of impaired waters. Section 106 – National Historic Preservation Act This project was reviewed by NCDOT’s Cultural Resource Unit in 2021 for potential effects to historic architecture and archaeology. A “no survey” required form, dated January 12, 2021, was issued for historic architecture resulting in “no effect”. A “survey” required form, dated January 27, 2021, was issued for archeological resources. A field reconnaissance survey was conducted on 2-9-21 for archaeological resources with a “no archaeological survey required” determination resulting in “no effect” (see attached SHPO forms). Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the “emergency” bridge replacement project outlined above. By copy of this letter, I am asking Mrs. Marla Chambers, Western NCDOT Review Coordinator for the North Carolina Wildlife Resources Commission (NCWRC), to comment directly to you concerning the 404 Nationwide Permit request. I am also requesting authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environmental Quality, Division of Water Resources (DWR). If you have any questions or need additional information, please contact me at (980) 552-4219 or email at jlwyatt@ncdot.gov. Your early review and consideration will be greatly appreciated. Sincerely, Jeffrey L. Wyatt, Division 12 Environmental Officer Enclosures cc: Ms. Amy Chapman, Division of Water Resources, NCDEQ, Raleigh Ms. Kristie Lynn Carpenter, Division of Water Resources, NCDEQ, Raleigh Mr. Donna Hood, Division of Water Resources, NCDEQ, Mooresville Mr. Holland Youngman, Biologist, US Fish & Wildlife Service, Asheville Ms. Marla Chambers, Western NCDOT Review Coordinator, NCWRC Ms. Jackie McSwain, PE, Division 12 Project Division Team Lead, NCDOT Mr. Todd Hiatt, PE, Roadside Environmental Field Operations Engineer, NCDOT