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Home My WebLink About20211160 Ver 1_Signed_NCDOT-DF170092085012_Pipe_Rp cover letter_20210727 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION 9 375 SILAS CREEK PARKWAY WINSTON SALEM, NC 27127 Telephone: (336) 747-7800 Fax: (336) 703-6693 Customer Service: 1-877-368-4968 Website: ncdot.gov Location: 375 SILAS CREEK PARKWAY WINSTON-SALEM, NC 27127 27 July 2021 Andrew Williams Regulatory Project Manager Regulatory Division Office US Army Corps of Engineers, Wilmington District 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 SUBJECT: Pre-Construction Notification Pursuant to Nationwide Permit #3 NCDOT Division 9 Pipe Replacement Structure No. 084-2129 on SR 1400 over Meadow Branch (Class C), Stokes County, NC WBS Number: DF17009.2085012 Dear Mr. Williams: We are requesting a Section 404 Nationwide Permit (NWP) #3 from the US Army Corps of Engineers (USACE) for the replacement of Structure No. 084-2129 with a new pipe on SR 1400 (Asbury Road) over Meadow Branch in Stokes County. Structure No. 084-2129 will be replaced on its existing alignment, and traffic will be detoured offsite during the construction period. During Tropical Storm Zeta on October 29, 2021, 3-4 inches of rain fell in Westfield, NC. The heavy rainfall, over such a short period of time, caused the stream to back up and overtop the roadway. The outlet of the existing pipe was undermined and fell off. The shoulder on the outlet side was severely eroded. Since the damage was caused by a natural disaster and Stokes County was one of many in North Carolina that was declared a disaster, the project is being federally funded by Federal Emergency Management Agency (FEMA). Typically, projects of this nature are listed on a spreadsheet and submitted to FEMA per their request. The spreadsheet contains information such as : the type of structure impacted, WBS number, FEMA ID No., county, state road number, road name, coordinates, problem, proposal, nearest stream name, river basin, DWQ classification, temporary and permanent impacts in linear feet. Also included is information on wetlands, type of wetlands, open water impacts, threatened and endangered species present, historic concerns, CAMA county, most recent site visit. This spreadsheet also lists required pe rmits, whether they are reporting or non-reporting and comment. In addition to the PCN form, the following documentation, supporting the natural and cultural resources related to the site, are included with the submittal:  Permit Drawings  United States Geological Survey (USGS) Topographic Map  Location Map  Freshwater Mussel Survey Report  Protected Species:  North Carolina National Heritage Program (NCNHP) Database Query Records Report (16 June 2021)  US Fish and Wildlife Service (USFWS) List of Threatened/Endangered Species from the Asheville Ecological Services Field Office (16 June 2021)  Cultural/Historic Resources:  Cultural Resources Programmatic Screening Checklist for Section 106 The project will temporarily impact 20 linear feet of Meadow Branch. There will be no permanent impacts. Protected Species The USFWS lists Schweinitz’s sunflower (Helianthus schweinitzii), Small-anthered bittercress (Cardamine micranthera), James spinymussel (Pleurobema collina), and Roanoke logperch (Percina rex) as endangered for Stokes County. Suitable habitat (e.g., dry, clayey, early successional roadsides and utility rights-of-way) for Schweinitz’s sunflower is not present within the project area. The area was initially assessed by NCDOT Division 9 staff on June 16, 2021, where it was observed that no habitat was present due to roadside shoulders being mowed up to the wood edge. Additionally, a review of the June 2021 NCNHP database indicates no known Schweinitz’s sunflower occurrences within 1.0 mile of the study area. The biological conclusion of “no effect” was determined. Suitable habitat (seepages, wet rock crevices, stream banks, sandbars, and wet woods along small streams, in fully to partially shaded areas) for Small-anthered bittercress is not present within the project area. The biological conclusion for Small- anthered bittercress is “no effect”. The James spinymussel is found in waters with slow to moderate current and relatively hard water on sand and mixed sand-gravel substrates that are free from silt. A mussel survey was conducted by NCDOT Biologists on May 12, 2021. Based on survey results, impacts to target species are unlikely to occur in the study area. Design Standards in Sensitive Watersheds will be incorporated in the Erosion Control Plans. The biological conclusion for James spinymussel is “may affect-not likely to adversely affect (MANLAA)”. The Roanoke logperch typically inhabits medium to large sized, warm, clear streams and occupy riffles, runs, and pools containing sand, gravel, or boulder. Meadow Branch ranges from 3-6 feet wide and water depth is 0.5-1.5 feet. The dominate substrate consisted of unconsolidated sand with few tiny patches of gravel. The biological conclusion for Roanoke logperch is “may affect not likely to adversely affect (MANLAA). The northern long-eared bat (Myotis septentrionalis) (NLEB) is listed as threatened for Stokes County. The NCDOT determined the project “May Affect, Not Likely to Adversely Affect” the NLEB. Habitat for the NLEB is present within the study area, this habitat consists of forested areas throughout the study area. However, NCDOT will not be cutting any tress during this project. The USACE has developed a Standard Local Operating Procedure for Endangered Species (SLOPES) to address NLEB when they are the lead agency, which NCDOT will follow for this project. NCDOT has determined that the proposed action does not require separate consultation on the grounds that the proposed action is consistent with the final Section 4(d) rule, codified at 50 C.F.R. § 17.40(o) and effective February 16, 2016. Section 7 responsibilities are therefore considered fulfilled. Bald eagles are protected under the Bald and Golden Eagle Protection Act. Habitat for the bald eagle primarily consists 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 project study area, as well as the area within a 1.0-mile radius of the project limits, was performed. No water bodies large enough or sufficiently open to be considered potential feeding sources were identified. Since there was no foraging habitat within the review area, a survey of the project study area and the area within 660 feet of the project limits was not conducted. Additionally, a review of the March 2021 NCNHP database revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the lack of individuals, nests, or known occurrences within 1.0 mile, it has been determined that this project will not impact this species. Cultural/Historic Resources North Carolina Natural Heritage Program (NCNHP) Database query showed no records of National Register of Historic Properties or Districts. Additionally, the project meets the criteria for exemption based on Exempt Activities Under the Cultural Resources Programmatic Agreement for Section 106. If you have any questions, comments or need additional information after reviewing this material please contact me at (336) 747-7800. Thank you for your cooperation in this matter. Sincerely, Stephanie Braquet Division Environmental Specialist, NCDOT Division 9 Attachments: Application package CC: