HomeMy WebLinkAbout20210392 Ver 1_Justus Rd PCN letter_20210406
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 11
801 STATESVILLE RD
NORTH WILKESBORO, NC 28659
Telephone:828-386-7202
kjhining@ncdot.gov
Customer Service: 1-877-368-4968
Website: ncdot.gov
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 Department 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 (W1 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.
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.
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
W2A Replace 40' x 24" CMP with 45' x
24" CSP = 0.001 acres of impact
Carry seepage from wetland to
UT1 Permanent
W2A dewatering for pipe replacement
= 0.001 acres of impact
Carry seepage from wetland to
UT1 Temporary
W3 0.02 acres of fill - hopefully
wetland will re-establish
Reconstruct a ditch holding the
wetland, buffer wetland from Permanent
W3A Replace 29' x 18" CMP with 42' x
24" CSP = 0.001 acres of impact
Carry seepage from wetland to
UT1 Permanent
W3A dewatering for pipe replacement
= 0.001 acres of impact
Carry seepage from wetland to
UT1 Temporary
Total permanent impact = 0.038 acres Total temporary impact = 0.002 acres
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,
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