20210920 Ver 1_CoverLetter_20210503

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: [phone]
Fax: [phone]
Courier: 06-53-03
Website: www.ncdot.gov
Location:
1710 E. MARION STREET
SHELBY, NC 28152

April 28, 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. 141 on SR 1585 (Cattleman’s Road) over the Snow Creek
Iredell County, North Carolina
WBS No. DF17112.2049800 (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 timber and steel bridge was washed out on November 12, 2020, during a
major flood event. The proposed 140' long by 33' wide three-span (21" cored slab) bridge would
replace the existing 120.5' long by 20' wide (timber deck on steel I-beams) three-span bridge.
Interior bents will not be placed in the active stream channel. The project will also require the
reconstruction of approximately 115 linear feet of streambank 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, stormwater management plan, CE Document, cultural resource
review 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)

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

Biological Conclusion: May Affect, Not Likely to Adversely Affect [exempt from official
Biological Conclusion based on compliance with the Final 4(d) Rule.]

During field investigations on December 11, 2020 the area was assessed for suitable bat habitat.
The area adjacent to the bridge being forested was found to provide suitable habitat. Natural
Heritage Program records document the nearest Northern Long-Eared Bat location approximately
32 miles northwest of the proposed project area. The closest listed underground mine, per NHP
database is the O F Patterson Mine, 6.4 miles southwest of the project. There are currently no
known hibernaculum or maternity roost trees in Division 12 counties for NLEB; therefore, the
minor tree clearing associated with this DOT project would be exempted from incidental take
under the 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

Biological Conclusion: No Effect
An on-site investigation 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 but no Hexastylis species were observed. A review of NHP records on December

17, 2020 indicates no known occurrence within 1.0 mile of the study area. Due to the lack of
habitat, no observed plants, and no known species in the area, this project will have no effect
on the DFH.

Bald and Golden Eagle Protection Act

The Bald Eagle is protected under the Bald and Golden Eagle Protection Act and enforced by the
USFWS. Habitat for the Bald Eagle primarily consists of mature forests
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 project study area, as well as the area within a 1.0-mile radius
of the project limits, was performed on November 19, 2020 using recent color aerials. No bodies
of water sufficiently large or open enough that could be considered a potential feeding source
were identified. Since there was no potential foraging habitat within the review area, a survey of
only the project study area was conducted, but no nests were observed. Additionally, a review of
the NHP database on November 25, 2020 revealed no known occurrences of this species within
1.0 mile of the project study area. Due to the lack of good habitat, 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

Snow Creek [DWR Class: WS-IV; Stream Index No. 12-108-9-(0.6)] is shown on the USGS
topographic map as a perennial stream. The channel is well defined and approximately 25-feet
wide with a substrate of sand and silt. The stream banks will be rebuilt/restored with soil and
Class II rip rap to the original contours before the flood event. 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 North Carolina 2018 Final 303(d) list of impaired waters identifies the Snow Creek within
the study area as an impaired water due to Fish Community.

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
22, 2021, was issued for archeological resources. A field reconnaissance survey was conducted
on 4-12-21 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.

If you have any questions or need additional information, please contact me at [phone] or
email at [e-mail]. 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