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Home My WebLink About20210392 Ver 1_Justus Rd PCN letter_20210407 ST7E� A 0,0 ,q b STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J.ERIC BOYETTE GOVERNOR SECRETARY April 6th, 2021 Ms. Lori Beckwith U. S.Army Corps of Engineers NCDOT Regulatory Project Manager 151 Patton Avenue,Room 208 Asheville,NC 28801-2714 Subject: Nationwide 14 Permit Application—Justus Road(SR 1137)Improvement Project, Watauga County,North Carolina. WBS Element 11C.095108- State Funded Dear Ms. Beckwith: The North Carolina Depai anent of Transportation(NCDOT) is proposing to improve(widen and pave)Justus Road(SR 1137). The project will be State Funded, 1.3 miles in length, and will include a section of new alignment, allowing the project to bypass a section of the road that is physically constricted between a manmade rock wall and a residential dwelling. When finished the lower portion of the current Justus Road will be cut off/become a dead-end road,while a section of new alignment will connect to the upper portion of Justus Road and continue to the existing end of State Maintenance. As a result,the project will involve a Y-line(the cut-off, lower section of Justus Road at the beginning of the project)and L-line(the newly aligned section of Justus Road and upper portions of Justus Road). Impacts to Waters of the United States Wetland Impacts—Minor impacts to wetlands are proposed(<0.1 acres total, see table below), and are primarily the result of fill needed to widen the roadway(W 1 and W2). A third wetland impact(W3)represents a wetland in a ditch immediately adjacent to the roadway. Cars often drive into the wetland, and the wetland contains a fair amount of gravel and gravel dust from the roadway.We plan to reconstruct the ditch a few feet further from the roadway,buffering it from the roadway, and with the hopes the wetland will re-establish. Paving the road will help eliminate roadway material washing into the wetland. Impacts represented by W2A and W3A are all related to the replacement and extension of pipes that carry wetland seepage to an adjacent stream. We will dewater when replacing these two pipes. Mailing Address: Telephone:828-386-7202 NC DEPARTMENT OF TRANSPORTATION kjhining@ncdot.gov DIVISION 11 Customer Service: 1-877-368-4968 801 STATESVILLE RD Website:ncdot.gov NORTH WILKESBORO,NC 28659 Wetland Impact Purpose Impact Type W1 0.01 acres of fill Fill for L-line road widening Permanent W2 0.006 acres of fill Fill for Y-line road widening Permanent Replace 40'x 24" CMP with 45'x Carry seepage from wetland to W2A Permanent 24"CSP=0.001 acres of impact UT1 W2A dewatering for pipe replacement Carry seepage from wetland to Temporary =0.001 acres of impact UT1 p y 0.02 acres of fill-hopefully Reconstruct a ditch holding the W3 Permanent wetland will re-establish wetland, buffer wetland from Replace 29'x 18" CMP with 42'x Carry seepage from wetland to W3A Permanent 24" CSP= 0.001 acres of impact UT1 dewatering for pipe replacement Carry seepage from wetland to W3A =0.001 acres of impact UT1 Temporary Total permanent impact=0.038 acres Total temporary impact=0.002 acres Stream Impacts -Four UT's of Clark's Creek will be impacted by this project. The table below provides specifics about the proposed permanent and temporary impacts to these resources. Impacts are listed as encountered moving up the project. Existing Proposed Impacts Waterbody Condition Condition Purpose Permanent Temporary UT1 32'x 18"CMP 35'x 18"CSP upgrade pipe,widen 3' 20'{dewatering) roadway,improve buffers upgrade pipe,widen UT2 45'x 73"CMAP 65'x 72"CAAP roadway,improve buffers 20' 20'{dewatering) upgrade pipe,widen reduce by UT3 61'x 24"CMP 60'x 24"CSP 10'{dewatering) roadway,improve buffers 1' 40'x 24"and 55'x 24',115'x upgrade pipe system, UT3 150'x 18"CMP 24",and 21'x 24" widen roadway,capture 1' 10'{dewatering) system CSP system of roadway runoff UT2 36'x 30"CMP 50'x 36"CSP upgrade pipe,widen 14' 20'{dewatering) roadway,improve buffers UT2 60'x 24" HDPE 60'x 24"CSP upgrade pipe,widen 0' 20'{dewatering) roadway,improve buffers UT4 40'x 24" HDPE 40'x 24"CSP upgrade pipe,widen 0' 20'{dewatering) roadway,improve buffers Total 37' 120' All work will be conducted in the dry,using appropriate dewatering devices, and all erosion control measures will be maintained throughout the project. While lengthening pipes and filling wetlands typically require mitigation,this work will improve roadway safety, lower future maintenance needs,and should improve stream habitat.As a result,NCDOT wishes to defer to the USACE as to whether mitigation is required for the proposed work, and will immediately acquire the necessary mitigation if it is deemed appropriate. There are eleven Federally listed endangered and threatened species within Watauga County. The following is a review of potential impacts to those species from this project. High Elevation Species-Blue Ridge Goldenrod, Carolina Northern Flying Squirrel, Heller's Blazing Star,Roan Mountain Bluet, Spreading Avens,and Spruce-fir moss spider: The project area ranges from 2900 to 3485 feet above MSL,which is well below the elevation range where these species exist. Therefore,no habitat is believed to be present within the project area. Furthermore, a review of the NCNHP records,updated April 2021, indicates no known occurrences of these species within 1.0 mile of the project study area. Due to the lack of habitat and occurrences,a biological conclusion of NO EFFECT is believed to be appropriate for these species. Bog Turtle: The southern population of the bog turtle is listed as "Threatened due to Similarity of Appearance"to the northern population.While wetland habitats are present,they are very small, and no individuals or evidence of individuals were observed during site visits.A review of the NCNHP records,updated April 2021,indicates no known occurrences of this species within 1.0 mile of the project study area. While a biological conclusion is not required,the lack of habitat and occurrences suggest that the project will have NO EFFECT on this species. Gray Bat,Northern Long-eared Bat(NLEB), and Virginia Big-eared Bat: The structures to be replaced are all relatively short(longest is 150',most are<50'), small pipes(<6' diameter),and not a preferred habitat for bats.While there are no caves in the project area,there is an abandoned mine (Quartzite Quarry)to the southeast,that is<0.5 miles from the southern/upper end of the project. However,the mine is reported to have been a surface mine, so is not believed to provide habitat for bats. A review of the NCNHP records,updated April 2021,indicates no known occurrences of Gray Bat or Virginia Big-eared Bat within a mile of the project. Due to the lack of habitat and occurrences, a biological conclusion of NO EFFECT is believed to be appropriate for Gray Bat and Virginia Big-eared Bat. There is a NLEB occurrence approximately 1.0 mile northwest of the project study area. Additional information related to potential effects on NLEB include: -there will be approximately 9 acres of tree cutting at the project due to cut and fill work -there are no plans to use artificial lighting or work at night -percussion activities are likely,blasting is possible -the project area is not situated in a"Red HUC"where NLEB hibernacula or maternity roost trees are an identified concern. The closest"Red HUC"is approximately 2.5 miles to the west. Rusty-patched bumble bee: This species is listed as Historical,meaning that all recorded occurrences are either extirpated,have not been found in recent surveys,or have not been surveyed recently enough to be confident they are still present. Surveys are not required. Section 106 Information Archaeology-This project was reviewed by Archaeology staff with NCDOT's Human Environment Unit in 2020 and it was determined that"No Survey"was required. All five of the appropriate tribes were contacted on February 27th, 2021, and asked to provide comments by March 30th,2021. As of April 6th,2021,NCDOT had not received a response from any of the tribes. Historic Architecture-This project was reviewed by Historic Architecture staff with NCDOT's Human Environment Unit in 2020, and an"Effects Consultation"was requested to determine if and how the project will affect the Clark's Creek Rural Historic District, a National Register- eligible resource(DOE: 2015; WT0759). The historic district is located at the beginning of the project- all of the proposed Y-line and approximately first 200' of the new alignment is located within it. The Effect Required form is attached to the PCN, and the parcels containing historical properties within the project have been marked on the EC plans(also attached to the PCN). Once the USACE determines the action area, an effects consultation with the State Historic Preservation Office and USACE can be scheduled. Please let me know if I can provide any additional information for this. Permits Requested NCDOT hereby requests authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. The project area is within a designated trout watershed, and a review of the project by Mrs. Marla Chambers,Western NCDOT Coordinator with the NC Wildlife Resources Commission is requested.NCDOT also 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). Please contact me at(828) 386-7202 if you have any questions or need additional information to evaluate this request. Sincerely, � c� /�a �Ln U Kevin Hining Division 11 Environmental Officer 828-386-7202 kjhining@ncdot.gov Enclosures cc: Amy Chapman,Division of Water Resources Dave Wanucha, Division of Water Resources Ivan Dishman,NCDOT District Engineer—Boone Office Jarrett Blanton,Roadside Environmental Field Operations Technician