20210034 Ver 2_401 Request Attachment_20211103

flAIIIA111
Civil&Environmental Consultants,Inc.
November 3, 2021
Ms. Donna Hood
North Carolina Division of Water Resources
Environmental Sr. Specialist
610 East Center Avenue, Suite 301,
Mooresville,NC 28115
Dear Ms. Hood:
Subject: City of Hickory—Startown/Robinson Road Connectors
NCDWQ Project ID #20210034
CEC Project 303-168
Based upon comments provided for the USACE PCN application for the City of Hickory,
Startown/Robinson Road Connectors project on February 22, 2021 and the NCDWQ Return of
401 PCN Letter dated April 1, 2021, CEC is providing the following responses and corresponding
exhibits: (Comment is Italic and responses below).
1. Require Class II rip rap outlet protection on the stream culverts.
- All rip-rap aprons have been revised to Class II rip-rap. See Wetlands and Surface
Water Impacts Permit Drawings page 4.
2. Double barrel culverts -Install one culvert at.1-foot below stream level for normal flow
and one higher for storm flow.
- Western most 72" CMP Culvert has been raised to match existing ground, while
the eastern most culvert is indicating an invert depth of 1 foot below nominal
stream invert. See Wetlands and Surface Water Impacts Permit Drawings page 4
& 5.
3. Field study will be required for the dwarf-flowered heartleaf.
- On March 4, 2021, CEC Ecologist Jesse Degnan performed an initial species-
specific survey for dwarf-flowered heartleaf (Hexastylis naniflora) within the
Project limits of disturbance (LOD) at the Lutz Road and Eller Drive stream
crossing locations. Mr. Degnan has received training through the Natural Heritage
Program and Catawba Lands Conservancy for this species and has extensive
experience in identifying previously undocumented populations of dwarf-flowered
heartleaf and performing transplants.During the initial survey,Mr.Degnan flagged
12 locations where he observed a species of the genus Hexastylis within the Project
LOD,along the northeast-facing slope located above the west bank of Muddy Creek
(see attached photographic log). The species could not be positively identified at
that time, however, as the flowers had not yet developed. No additional Hexastylis
plants were observed on the east side of Muddy Creek nor within the LOD of the
Lutz Road creek crossing.
3701 Arco Corporate Drive, Suite 400 1 Charlotte, NC 28273 1 p: 980-237-0373 f: 980-237-0372 1 www.cecinc.com

Ms. Donna Hood—NCDWQ
CEC Project 303-168
Page 2
November 3, 2021
On March 22, 2021, Mr. Degnan conducted a second species-specific survey and
identified the plants at the flagged locations within the Eller Drive Project LOD as
Hexastylis naniflora. A Trimble Geo7X Global Positioning System (GPS) capable
of sub-meter accuracy was utilized to record the locations of these plants. A single
GPS location was recorded at the center of cluster (i.e., multiple plant stems)
groupings (i.e.,more than one cluster) located in close proximity(two to three feet)
to each other. The locations of dwarf-flowered heartleaf clusters and individual
stems located greater than three (3) feet from another cluster or individual were
recorded individually. Cluster groupings, individual clusters, and individual plants
received a unique observation location identification number. A total of seven (7)
locations were recorded(See Exhibit A, Table 1; Exhibit B, Table 2).
Tables 1 and 2 (Exhibits A and B,respectively)reflect the total number of observed
clusters and stems per observation location, the percentage of the total population
that each record represents, and anticipated impact calculations per design plan.
Based on the Project's original design plans (Exhibit A), 100% of the dwarf-
flowered heartleaf plants identified within the Project LOD would be impacted
(Table 1). To avoid and minimize impacts to this population, CEC developed a
second design,which is the preferred alternative (Exhibit B) due to the presence of
the dwarf-flowered heartleaf. Based on the preferred alternative design,the Project
will impact one (1) dwarf-flowered heartleaf stem. The impact is unavoidable due
to roadway grading requirements, and will affect approximately 1.32% of the total
population identified with the Project LOD (Exhibit B, Table 2).
On August 4, 2021, Bryon Hamstead of the USFWS issued a concurrence stating
that the project "may affect, not likely to adversely affect". The correspondence
is attached.
On September 13, 2021, the Nationwide Permit 14 was issued by Ms. Krystnka
Stygar of the USACE. The NWP 14 is also attached for reference.
4. Indicate deck drain locations for the proposed bridge- Do not discharge water onto the
creek banks or directly into the water.
- Stormwater within the street cross section is being captured by two proposed curb
inlet structures located on the upper side of the bridge. See attached bridge study.
No scuppers are indicated along the bridge deck section over Muddy Creek.
S. Coordinate with the City of Hickory Stormwater requirements— Will they require a
permanent stormwater measure at each location to treat the water prior to entering the
stream?
- CEC has coordinated with Kelly Winkler(City of Hickory—Senior Stormwater
Engineer)who requested we add a level spreader to the end of all storm pipe
network outfalls. One level spreader for the culvert crossing at Lutz Blvd and one
for the bridge crossing at Eller Drive has been added to the design plans to
Civil & Environmental Consultants, Inc.

Ms. Donna Hood—NCDWQ
CEC Project 303-168
Page 3
November 3, 2021
prevent direct stormwater discharge directly into the stream. The proposed level
spreader will provide a level of treatment prior to discharge including additional
measures to promote groundwater recharge with the sand media and underdrain
system. See Bridge Study& Wetlands and Surface Water Impacts Permit
Drawings.
6. Please include an Indirect and Cumulative Impact Study to meet NCDWR requirements
with the resubmittal.
- Refer to attached letter provided by the City of Hickory addressing the requested
Indirect and Cumulative Impact Study.
Attachments:
- Exhibit A, Endangered Species Study (Original Design Prior to Species Field
Study)
- Exhibit B, Endangered Species Study (Avoidance & Minimization to Impacts
Design (Preferred Design))
- Endangered Species Study Photo Log
- Wetlands and Surface Water Impacts Permit Drawings (Update Sheets Only)
- Nationwide Section 404 Permit Approval
- Biological Opinion from US Fish and Wildlife Service
- City of Hickory Letter for Indirect and Cumulative Impact Study
Should you have any questions or require any additional information in support of this application,
please do not hesitate to contact me at 980-237-0373.
Sincerely,
CIVIL &ENVIRONMENTAL CONSULTANTS, INC.
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Andre Lennon, PE Shad Walters, PE
Senior Project Manager Vice President
Cc: Shawn Pennell, City of Hickory
Kevin Thomas, CEC
Krysta Stygar, USACE
Civil & Environmental Consultants, Inc.

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I Photo Number: 1 I
Date: 3/4/2021
Description:
General vegetative conditions along slope
where dwarf-flowered heartleaf was
identified. Photo taken facing east along
north-facing slope.
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Photo Number: 2 '
9 � 9
Date: 3/22/2021
=r - Description:
Facing south toward dwarf-flowered
heartleaf observation location number 3.
Each distinct cluster was flagged. A single
'y GPS location was recorded in the center of
v cluster groupings where the distances
between individual clusters was
approximately two to three feet. Individual
plants or clusters separated by a distance
>t exceeding approximately three feet
received a unique observation location
number.
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Civil & Environmental Consultants, Inc.
Charlotte,NC
Phone [phone] • Toll Free: 855/859-9932 www.cecinc.com
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Date: 3/22/2021
Description:
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Date: 3/22/2021
Description:
Flowers observed at observation location
number 4.
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Phone [phone] • Toll Free: 855/859-9932 www.cecinc.com
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Photo Number: 5
Date: 3/4/2021
Description:
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location number 7.
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Charlotte,NC
Phone [phone] • Toll Free: 855/859-9932 www.cecinc.com
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.SAW-2021-00252 County:CatawbaU.S.G.S.Quad:NC-Hickory
GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION
Permittee: RECL NC LLC
Shawn Pennell
Address: PO Box 3916
Hickory,NC 28603
Telephone Number: [phone]
E-mail: spennellkhickorync.gov
Size(acres) 2.14 Nearest Town Newton
Nearest Waterway Henri RiverBasin Santee
USGS HUC 03050102 Coordinates Latitude:35.686022
Longitude:-81.301937
Location description:Projectis located at3350 Eller Drive,near the town of Hickory,Catawba County,North Carolina.:
PIN(s)371116726809.
Description of projects area and activity:This verification authorizes:
1) Permanent Stream crossing of 145 Linear Feet to Stream PA2 SAI for culvert emplacement.
Applicable Law(s): ©Section 404(Clean Water Act,33 USC 1344)
❑Section 10(Rivers and Harbors Act,33 USC 403)
Authorization: NWP 14:Linear Transportation Projects
SEE ATTACHED NWP GENERAL,REGIONAL,AND/OR SPECIAL CONDITIONS
Your workis authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions,your application signed and dated 2/3/2021,and the enclosed plans Wetland and Surface Water impacts dated
3/25/2021.Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
workorder,a restoration order,a Class I administrative penalty,and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified,suspended orrevoked. If,prior to the expiration date identifiedbelow,the nationwide and/or regional general
permit authorization is reissued and/or modified,this verification will remain valid until the expiration date identified below,provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended,revoked,or is modified,such that the activity would no longer comply with the terms and conditions of the
nationwide permit,activities which have commenced(i.e.,are under construction)or are undercontract to commence in reliance upon
the nationwide and/or regional general permit,will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/orregional general permit's expiration,modification orrevocation,unless discretionary authority has been
exercised on a case-by-case basis to modify,suspendorrevoke the authorization.
Activities subject to Section 404(as indicated above)may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources(telephone [phone])to determine Section401 requirements.
For activities occurringwithin the twenty coastalcounties subjectto regulation under the Coastal Area Management Act(CAMA),prior
to beginningwork you must contactthe N.C.Division of Coastal Management Morehead City,NC,at(252)808-2808.
This Dep a rtment o f the Army verification does not relieve the p ermittee o f the responsibility to obtain any other required Federal,State
or local approvals/permits.If there are any questions regarding this verification,any of the conditions of the Permit,or the Corps of
Engineers regulatory program,please contact Krystynka B Stygar at 252-545-0507or krystynka.b.stygar&sace.army.mil.
Corps Regulatory Official:_ Date:09/13/2021
ExpirationDate of Verification: 3/18/2022

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so,please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/Pp=l 3 6:4:0
Copy furnished:
Agent: Civil and Environmental Consultants
Kevin Thomas
Address: 3701 Arco Corporate Drive
Charlotte,NC 28273
Telephone Number: [phone]
E-mail: kthomasncecinc.com

SAW-2021-00252
SPECIAL CONDITIONS
a. Class II rip rap is to be placed on all proposed stream outlet culverts for protection. See:Wetlands and
Surface water impacts Permit Drawings pg.4
b. Double barrel culverts to be installed. One culvert installed at I-foot below stream level for normal flow
and one higher for storm flow.(Western most 72"CMP Culvert to be raised to match existing grade,
Easternmost culvert to be placed at a 1 foot below nominal stream invert.)
c.Applicant shall emplace a level spreader at the end of all proposed Storm Water Pipe Network outfalls.
One at the culvert crossing at Eller Drive, and one for bridge crossing at Eller Drive intended to prevent
direct stormwater discharge directly into the stream.
d.Applicant shall construct an orange construction fence as a protected buffer around the existing
Hexastylis Naniflora(Dwarf-flowered heartleaf)plants.Construction fence to remain in place for duration
of construction. Exhibit B. (Avoidance and minimization to Impacts Design)

Action ID Number: SAW-2021-00252 County: Catawba
Permittee: RECL NC LLC, Shawn Pennell
Project Name: Startown/Robinson Road Connectors/City of Hickory
Date Verification Issued: 09/13/2021
Project Manager: Krystynka B Stygar
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Krystynka B Stygar
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive,Suite 615
Charlotte,North Carolina 28262
or
krysty nka.b.styg a r@us ace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S.Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty,or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

Johnson, Matt
From: Hamstead, Byron A <[e-mail]>
Sent: Wednesday, August 4, 2021 8:13 AM
To: Degnan,Jesse
Cc: Thomas, Kevin; Lennon, Andre; Walters, Shad
Subject: Re: [EXTERNAL] Biological Opinion Request: SAW2021-00252 NCDWR Project ID
20210034 Catawba County, NC
Thanks Jesse,
We appreciate your multiple survey efforts and the Applicant's proposed design modifications to avoid/minimize
impacts to this population of federally threatened dwarf-flowered heartleaf(Hexastylis naniflora).
In accordance with the Endangered Species Act, it is the responsibility of the appropriate federal agency or its
designated representative to review its activities or programs and to identify any such activities or programs that may
affect endangered or threatened species or their habitats. The biological effect determination will be up to the action
agency to make, in this case that is the USACE. With that all that said,we would concur with a "may affect, not likely
to adversely affect" determination from the action agency for this plant species based on the proposed impact
avoidance and minimization measures. I am not sure who the USACE project manager is for your project at this
stage. If you have not done so already, I ask that you submit documentation/location information of this species
occurrence to the NC Natural Heritage Program.
According to Service records, suitable summer roosting habitat may be present in the action area (50CFR 402.02)for the
federally threatened northern long-eared bat (Myotis septentrionalis). However, we can confirm that the project would
occur at a location where any incidental take of this species that may result from associated activities is exempt under its
4(d) rule. Although not required, we encourage the Applicant to avoid any associated tree clearing activities during this
animal's maternity roosting season from May 15—August 15.
Please be aware that obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new
information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered, (2)this action is subsequently modified in a manner that was not considered in this review, or(3)
a new species is listed or critical habitat is determined that may be affected by the identified action.
Please let me know if you have any questions.
Regards,
Byron
Byron Hamstead
(he/him/his)
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801

This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and may be disclosed to third
parties.
From: Degnan,Jesse<[e-mail]>
Sent:Tuesday, August 3, 2021 8:59 AM
To: Hamstead, Byron A<[e-mail]>
Cc:Thomas, Kevin <[e-mail]>; Lennon,Andre<alen non @cecinc.com>; Walters, Shad
<[e-mail]>; Quast, Karla L<[e-mail]>
Subject: RE: [EXTERNAL] Biological Opinion Request: 5AW2021-00252 NCDWR Project ID 20210034 Catawba County, NC
Byron—It has been 77 days since we submitted our request, but we have not received any update.With that, are we
able to assume no further action or information is needed by the USFWS?
Thank you in advance,
-Jesse
Jesse Degnan /Project Manager I
Civil & Environmental Consultants, Inc.
3701 Arco Corporate Dr, Suite 400 • Charlotte,NC 28273
Direct: [phone] Office: [phone]
Mobile: [phone] http://www.cecinc.com
WE
OWN IT
Pe rson Leadsines . latis dthd serViCes
Per64n:a1 Business RelatiQnships
From: Hamstead, Byron A<byron_ham stead @fws.gov>
Sent: Friday, May 21, 2021 11:32 AM
To: Degnan,Jesse<[e-mail]>
Cc: [e-mail]; [e-mail]; Shawn Pennell <[e-mail]>;Thomas,
Kevin <[e-mail]>; Lennon, Andre<[e-mail]>; Walters, Shad <[e-mail]>; Quast,
Karla L<[e-mail]>
Subject: Re: [EXTERNAL] Biological Opinion Request: SAW2021-00252 NCDWR Project ID 20210034 Catawba County, NC
Thanks Jesse,
Your request is in our queue, and we will respond w/in 30d.
Regards,
Byron
Byron Hamstead
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and may be disclosed to third
parties.
2

From: Degnan,Jesse<[e-mail]>
Sent:Tuesday, May 18, 2021 2:49 PM
To: Hamstead, Byron A<byron [e-mail]>
Cc: [e-mail] <[e-mail]>; [e-mail]
<[e-mail]>; Shawn Pennell <[e-mail]>;Thomas, Kevin <[e-mail]>;
Lennon,Andre<[e-mail]>; Walters, Shad<[e-mail]>
Subject: [EXTERNAL] Biological Opinion Request: SAW2021-00252 NCDWR Project ID 20210034 Catawba County, NC
This email has been received from outside of DOI - Use caution before clicking on links, opening
attachments, or responding.
Please find attached a Letter Report summarizing the results of a Dwarf-Flowered Heartleaf Survey conducted on behalf
of the City of Hickory, in Catawba County, NC,for review and requested concurrence with our findings.
Please do not hesitate to reach out with any questions.
Sincerely,
-Jesse
Jesse Degnan /Project Manager I
Civil & Environmental Consultants, Inc.
3701 Arco Corporate Dr, Suite 400 • Charlotte,NC 28273
Direct: [phone] Office: [phone]
Mobile: [phone] http://www.cecinc.com
WLOWN
IT
5ersor Leddsinei s R Indic athd 5erviCeS
PerSprtal Business Rela[ipnship,
This electronic communication and any attachments are intended solely for the use of the person or entity to which it is addressed, and may contain
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3

KORY City of HickoryICPO Box 398
Hickory, NC 28603
Phone: [phone]
North Carolina Fax: [phone]
Email: [e-mail]
Life. Well Crafted.
Office of the City Manager
November 3, 2021
Ms. Donna Hood
North Carolina Division of Water Resources
Environmental Sr. Specialist
610 East Center Avenue, Suite 301,
Mooresville,NC 28115
Dear Ms. Hood:
Subject: City of Hickory—Startown/Robinson Road Connectors
NCDWQ Project ID #20210034
CEC Project 303-168
This letter will serve as the cumulative and indirect impact response per your request for the subject
project.
The proposed Short Road Connector project located between Robinson Road and Startown Road in
Catawba County, North Carolina. The City has identified this as an important transportation link
between the roadways named above to improve east to west movements along this area without further
congestion of US Highway 70 or Catawba Valley Boulevard.
This was permitted as a single and complete City transportation project to meet the need of reducing
congestion and dates back to early 2020. At this time the City of Hickory only anticipates the impacts
indicated in the permit application and applicable drawings and attachments. The City has provided
avoidance and minimization plans to comply with the US Army Corp of Engineers, the US Fish and
Wildlife Service and the NCDEQ standards. Any future development activities that may be spurred
from the proposed transportation project shall be considered outside of this permit application and the
applicant would be responsible for proper permitting and/or cumulative impacts if warranted.
Sincerely,
Warren Wood
Hickory City Manager
Cc: Shad Walters, PE, CEC