HomeMy WebLinkAbout20211251 Ver 1_Sign_NCDOT-DF170092085013_Pipe_Replacement PCN cover letter_20210819
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
19 August 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. 084-2135 on SR 1432 over UT to Dan River (Class C; Tr), Stokes County,
NC
WBS Number: DF17109.2085013
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. 084-2135 with a new pipe on SR 1432 (Collinstown Road)
over an unnamed tributary in Stokes County. Structure No. 084-2135 will be replaced on its existing
alignment, and traffic will be detoured offsite during the construction period.
During Tropical Storm Zeta on October 29, 2020, 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 inlet
section of the existing pipe collapsed and deteriorated causing erosion of the inlet shoulder. The shoulder
on the outlet side was severely eroded due to the water that overtopped the roadway. 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 permits, 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 40 linear feet of the unnamed tributary. 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 utili ty
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 RK&K Biologists on June 3, 2021. Based on survey results provided by RK&K, the
survey location contains potential habitat for all target s pecies Although no James spinymussel individuals
were detected during the survey, given the presence of degraded habitat, the short distance known to James
spinymussel populations and/or historic NCNHP EOs (i.e., <2.2 river miles), and mobility of host fish
species, completion of this project may affect James spinymussel. 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. No Roanoke logperch individuals were detected during the survey. Due to degraded
habitat within the unnamed tributary to the Dan River and that the nearest known population and/or historic
NCNHP Eos is >25 river miles, completion of the project should not affect Roanoke logperch. The
biological conclusion for Roanoke logperch is “may affect not likely to adversely affect (MANLAA).
Design Standards in Sensitive Watersheds will be incorporated in the Erosion Control Plans.
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: