20211570 Ver 1_Surry pipe 2266 PCN letter_20211206

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVERNOR
December 6, 2021
Ms. Lori Beckwith
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
J. ERIC BOYETTE
SECRETARY
Subject: Permit Application — Allegheny Bridge 5 replacement. Ashe County, North Carolina.
17.BP.11.C.4 - State Funded
Dear Ms. Beckwith:
The North Carolina Department of Transportation (NCDOT) is proposing to replace the existing
72" x 106' CMP carrying a UT of Lovills Creek on SR 1701 (Greenhill Rd) in Surry County with
a 78" x 144' RCP. Along with the pipe replacement, the inlet and outlet portions of the stream
will be re -armored, along with some new sections of bank armoring, to reduce erosion and better
stabilize the inlet and outlet of the pipe. The project will be State Funded.
The existing CMP carries a 5' wide UT of Lovills Creek. This pipe is currently in poor shape, and
not well aligned with the stream on the inlet side. The new pipe will be slightly larger and longer
(78" x 144' RCP), resulting in 38' of new permanent impacts. The increased length will allow for
the road shoulder to be widened over the pipe, which will reduce the steepness of the road
shoulder and help prevent future erosion. The new pipe will be placed on the northwest side of
the existing pipe, so that the inlet will line up better with the stream. The new pipe will have a
slope of 2.7%, and the inlet will not be buried, but the outlet will be buried 1' with a 1' sill to
improve aquatic passage. The pipe replacement will be done in the dry, by pumping water from
an upstream dike past the pipe replacement area, and discharging it back into the UT. This will
result in 81' of temporary impacts from dewatering. All water entering the pipe replacement area
will be pumped through a silt bag and allowed to discharge back into the UT downstream of the
project.
USFWS IPaC indicated three Federally listed species near the project
Bog Turtle: The southern population of the bog turtle is listed as Threatened due to Similarity of
Appearance to the northern population. A review of the NCNHP records, updated October 2021,
indicates a historical occurrence of this species approximately 0.7 miles to the northwest.
However, the last individual observed at that location was in 1993, and more recent surveys have
not found bog turtles. Regardless, there are no wetlands within the project footprint. 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 and Northern Long-eared Bat (NLEB): NCDOT staff surveyed the existing pipe during
the summer of 2020 and 2021, and no indication of bat usage was observed on either occasion. A
Mailing Address: Telephone: [phone]
NC DEPARTMENT OF TRANSPORTATION [e-mail]
DIVISION 11 Customer Service: 1-877-368-4968
801 STATESVILLE RD
Website: ncdot.gov
NORTH WILKESBORO, NC 28659

review of the NCNHP records, updated October 2021, indicates no known occurrences of this
species within 1.0 mile of the project study area. Additional information related to potential
effects on bats include:
- no caves or mines in the area (closest is a mine > 3 miles to the southeast)
- the project will involve 0.33 acres of tree clearing (trees > 3" DBH.)
- there are no plans to use artificial lighting or work at night
- no blasting or percussion activities will occur
- the project area is not situated in or near a "Red HUC" where NLEB hibernacula or maternity
Section 106 Information
This project was reviewed by NCDOT's Human Environment Unit in 2021 for potential effects
and it was determined that No Survey Was Required for archaeology or historic architecture. The
Catawba Tribe is the only tribe with interests in Surry County. The tribe was contacted about the
project and indicated they had no issues with it, but was asked to be contacted if Native American
artifacts or human remains were discovered.
Impacts to Waters of the United States
UT to Lovills Creek will receive 38' of permeant fill from pipe lengthening, and 30' of new bank
stabilization. The UT will be dewatered during the pipe replacement, resulting in 81' of
temporary impacts.
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 not within a designated trout
watershed. 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 [phone] if you have any questions or need
additional information to evaluate this request.
Sincerely,
K Y/eat
Kevin Hining
Division 11 Environmental Officer
828-386-7202
[e-mail]
Enclosures
cc: Amy Chapman, Division of Water Resources
Dave Wanucha, Division of Water Resources
Joe Laws, PE, Division Bridge Program Manager
Mark Johnson, Division Bridge Program Technician
Todd Hiatt, Roadside Environmental Field Operations Supervisor