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Home My WebLink About20201589 Ver 1_B-5845_Individual Permit Cover Letter_20211220_20220112 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION HIGHWAY DIVISION 12 PO BOX 47 SHELBY, NC 28151-0047 Telephone: 980-552-4200 Fax: 704-480-5401 Customer Service: 1-877-368-4968 Website: ncdot.gov Location: 1710 E. MARION ST. (US 74 BUS.) SHELBY, NC 28151 December 20, 2021 Eric Alsmeyer Project Manager U.S. Army Corps of Engineers, Wilmington District Regulatory Division Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Subject: Action ID# SAW-2021-01919 Application for Section 404 Individual Permit and Section 401 Water Quality Certification for STIP B-5845, Replacement of Bridge #25 on SR 2033 (Oak Grove Road) over Buffalo Creek; NCDOT Division 12, Cleveland County, NC Dear Mr. Alsmeyer: The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge #25 on SR 2033 (Oak Grove Road) over Buffalo Creek in Cleveland County, NC. The purpose of this letter is to request approval for a Section 404 Individual Permit and Section 401 Water Quality Certification. In addition to this cover letter, Preliminary ORM Data Entry Fields for New Actions and ENG FORM 4345, this application package also includes the following: Minimum Criteria Determination Checklist (MCDC), Stormwater Management Plan, Permit Drawings, Mitigation Acceptance Letter, signed PJD, NRTR, NRTR Addendum, NCWAM Forms, Dwarf-flowered Heartleaf (DFHL) Survey, DFHL Survey Addendum, Streamlined Section 7 Consultation for NLEB Memo, No Archaeological Survey Required Form and Historic Architecture and Landscapes No Survey Required Forms (2016 and subsequent 2021 version). The NRTR Addendum includes a Vicinity Map and USGS Topo Map. 1.0 Purpose and Need The purpose and need of the project is to replace a structurally deficient bridge that was built in 1955 to maintain the safety of the traveling public. DocuSign Envelope ID: C5312CAC-9F42-4A32-A180-9B0E8F3908B1 STIP B-5845 Individual Permit Application December 20, 2021 Page 2 of 7 2.0 Project Description The project involves the replacement of an existing 225-foot long by 28-foot wide (reinforced concrete deck on I-beams) five-span bridge with a proposed 230-foot long by 37-foot wide (34-foot clear roadway), 63-inch Prestressed Concrete Modified Bulb Tee bridge. The project originates approximately 50 feet west of the entrance to John H. Moss Lake Recreation Park and extends 0.37 miles along Oak Grove Road to terminate approximately 100 feet west of the entrance to T.J. Ellison Water Treatment Plant. The proposed bridge will be replaced on new alignment to the south and include two 12-foot lanes and 5-foot offsets. The roadway grade at the new structure will be approximately two to three feet higher than the existing structure. Traffic will be maintained on the existing bridge during construction. The approaches will include two 12-foot travel lanes and 8-foot shoulders (11-foot with guardrail) of which 5-feet will be paved. 3.0 Project Schedule Currently, the project is scheduled to let in March 2023. 4.0 Summary of Impacts Cumulative impacts due to the project are 874 linear feet of stream impacts and 0.03 acres of riparian wetlands. A portion of these are mitigable as noted at the end of Section 12.0 below. 5.0 Document Status A Minimum Criteria Determination Checklist (MCDC) is anticipated to be signed in December 2021. 6.0 Resource Status The project is located in the Broad River Basin (Hydrologic Unit 03050105). The project crosses Buffalo Creek (NCDEQ Index No. 9-53-(5) with stream classification C). The study area also includes four unnamed tributaries to Buffalo Creek and two riparian wetlands. Wetland and stream delineations were performed on May 4, 2016 by AECOM and a corresponding PJD request prepared in 2016 was signed by the USACE on September 14, 2021. A corresponding NRTR was also prepared and is dated September 2016. The study area was expanded in 2021. Sage Ecological Services conducted field work for the expanded study area on May 27, 2021 and November 3, 2021 and provided a NRTR Addendum dated November 2021 covering the entire area. Relative to the original 2016 study, jurisdictional features are the same except Wetland WB was added at the western end of study area. 7.0 Impacts to Jurisdictional Resources Impacts to jurisdictional wetlands and surface waters are summarized in Tables 1 and 2, respectively. DocuSign Envelope ID: C5312CAC-9F42-4A32-A180-9B0E8F3908B1 STIP B-5845 Individual Permit Application December 20, 2021 Page 3 of 7 Table 1. Wetland Impacts Permit Drawing Site Number 2021 NRTR Map ID Hydrologic Classification Permanent Impacts (ac) Temporary Impacts (ac) Mitigation Required for Permanent 1 WA Riparian 0.00 0.00 No 1 WB Riparian 0.02 <0.01 Yes Total: 0.02 <0.01 Table 2. Surface Water Impacts Permit Drawing Site Number Stream Name 2021 NRTR Map ID Classification Perm. (lf) Temp. (lf) Perm. (ac) Temp. (ac) Mitigation Required for Permanent 1 UT to Buffalo Creek SB Perennial 310 91 0.02 <0.01 Yes 1 UT to Buffalo Creek SC Perennial 30 11 <0.01 <0.01 Yes 2 Buffalo Creek SA Perennial 62 47 <0.01 0.08 No 2 UT to Buffalo Creek SE Intermittent 0 8 0.00 <0.01 No 3 UT to Buffalo Creek SD Perennial 315 0 0.02 0.00 Yes Total: 717 157 0.05 0.08 Permanent Impacts: Include surface water impacts and wetland fill due to roadway construction, stormwater pipe extensions and stream bank stabilization. Temporary Impacts: Include surface water impacts due to roadway and bridge construction, stormwater pipe installations, dewatering, erosion control, temporary work pads for proposed bridge construction and existing bridge removal. Bridge Demolition: The existing bridge is to be removed utilizing temporary work pads in Buffalo Creek and should be possible to remove with no resulting debris in the water based on standard demolition practices. See Permit Drawings for locations of impacts and additional information on type of impacts at each Site. 8.0 Federally Protected Species The USFWS lists two federally protected species and one Candidate species for Cleveland County, NC shown in table below. See attached NRTR Addendum for additional information. DocuSign Envelope ID: C5312CAC-9F42-4A32-A180-9B0E8F3908B1 STIP B-5845 Individual Permit Application December 20, 2021 Page 4 of 7 Table 3. Federally protected species listed for Cleveland County Scientific Name Common Name Federal Status Habitat Biological Conclusion Hexastylis naniflora Dwarf-flowered heartleaf T Yes Unresolved Myotis septentrionalis Northern long-eared bat T Yes Unresolved Danaus plexippus Monarch butterfly C Yes Not Required T – Threatened, C – Candidate Dwarf-flowered heartleaf (DFHL) Biological Conclusion: Unresolved Surveys for dwarf-flowered heartleaf (DFHL) were completed by Three Oaks Engineering on April 22, 2021 and August 24, 2021. DFHL was identified within the Study Area as shown on attached Permit Drawing plan sheets as Sensitive Areas (SA linetype). There are seven Sensitive Areas (A, BA, BB, C, CB, CC, and D) within the study area. Impacts to these populations have not been calculated; therefore, a Biological Conclusion of “Unresolved” has been listed at this time. The proposed project is expected to have unavoidable impacts to Sensitive Areas C, CB and D and therefore is anticipated to require formal consultation with the Services. A review of NHP records, updated October 2021, indicates seven known occurrences within 1.0 mile of the study area. Northern long-eared bat (NLEB) Biological Conclusion: Unresolved Biological Conclusion of “Unresolved” has been listed at this time. Preliminary indication is that this will be shown as “may affect, not likely to adversely affect” on the Biological Assessment. This will be resolved through formal consultation required for DFHL. A Streamlined Section 7 Consultation for NLEB Memo dated June 15, 2016 is included. A review of NHP records, updated October 2021, indicates no known occurrences within 1.0 mile of the study area. Monarch butterfly Biological Conclusion: Not Required The monarch butterfly is listed as a Candidate species and is not currently afforded protection under Section 7 of the ESA. Habitat for monarch butterfly is present in the study area within the open fields and roadsides. A review of NHP records, updated October 2021, indicates no known occurrences within 1.0 mile of the study area. 8.1 Bald and Golden Eagle Protection Act (BGPA) In the July 9, 2007 Federal Register (72:37346-37372), the bald eagle was declared recovered, and removed (de-listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8, 2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) became the primary law protecting bald eagles. DocuSign Envelope ID: C5312CAC-9F42-4A32-A180-9B0E8F3908B1 STIP B-5845 Individual Permit Application December 20, 2021 Page 5 of 7 Lake Moss, located directly north of the study area, is large enough to support habitat for bald eagles. No individuals or nests were observed during the field review. Additionally, a review of the NCNHP database, updated April 2021, revealed no known occurrences of this species within 1.0 mile of the project study area. 8.2 Moratoria Cleveland County is not a designated trout county; therefore, no trout moratoria are in effect for the proposed project. 9.0 Archaeological Resources No Archaeological Survey Required Form was signed by NCDOT on May 24, 2021. NCDOT Project Tracking No.: 16-01-0066. 10.0 Historic Architectural Resources Historic Architecture and Landscapes No Survey Required Form was signed by NCDOT on September 19, 2016. A subsequent Historic Architecture and Landscapes No Survey Required Form was signed by NCDOT on May 6, 2021 for the expanded study area. NCDOT Project Tracking No.: 16-01-0066. Please note, the historic architecture information contained in the MCDC was completed prior to the water treatment plant being over 50 years old and prior to any coordination with the water treatment plant. Now that the site is being considered for historic impacts, any project commitments resulting from their findings will be covered in the construction consultation for the project. 11.0 FEMA Compliance The project has been coordinated with appropriate state and local officials and the Federal Emergency Management Agency (FEMA) to assure compliance with FEMA, state, and local floodway regulations. It was approved as MOA Type 1 on October 14, 2021. 12.0 Avoidance, Minimization and Mitigation The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining, unavoidable jurisdictional impacts. Avoidance and minimization measures were taken during both the planning as well as design phases of the project. These measures are discussed below. Replacement in-place of this structurally deficient bridge was considered. This alternative would either require an onsite detour or an offsite detour. An onsite detour was ruled out due to topography – namely the 40-foot height from roadway elevation down to streambed elevation rendered this impractical for a temporary structure. An offsite detour would require an approximate 11-mile detour route. After consideration, it was determined this was not a viable option due to excessive response time for emergency services as well as excessive delays for the traveling public. Replacing the bridge just upstream of the existing bridge was precluded due to untenable impacts it would cause to the T.J. Ellison Water Treatment Plant in the northeastern quadrant which provides water to the City of Kings Mountain. Additionally, avoiding this alternative minimizes impacts to DocuSign Envelope ID: C5312CAC-9F42-4A32-A180-9B0E8F3908B1 STIP B-5845 Individual Permit Application December 20, 2021 Page 6 of 7 the John H. Moss Lake Recreation Park in the northwest quadrant. This left the only viable alternative to replace the bridge just downstream of the existing bridge. In order to minimize jurisdictional impacts, the bridge and roadway approaches are proposed as close to existing as possible to still allow for construction while maintaining traffic on the existing crossing. NCDOT recommends an 8-foot shoulder width on a bridge carrying this type of facility; however, to further reduce impacts, the shoulder on the bridge has been reduced to 5 feet. The posted speed in this area is 55 mph; therefore, the design speed is 60 mph. In an effort to lessen impacts, horizontal curvature was reduced such that it only meets posted speed. To further reduce impacts, the grade was kept as close to existing as practical by reducing vertical curvature down to 35 mph. Due to these being sag vertical curves, this only affects nighttime headlight sight distance. While this is not ideal and will require a design exception, this minimization is recommended in this case. The number of bents in the creek is being reduced from two bents to one. These will be 5-foot diameter drilled concrete piers, as opposed to the much larger cast-in-place spread footings on the existing bridge. It is not practical to go to three spans due to constructability, maintenance and bank stabilization concerns at the steep western bank and therefore, not practical to avoid a bent in creek. The proposed bent is located as close to the streambank as practical without being right in the edge of water which sometimes can be more prone to debris and/or scour. All proposed cut and fill slopes affecting jurisdictional resources are at the maximum allowable slope for grass lining. The NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest extent practical as described above. The proposed construction of B-5845 will result in unavoidable mitigable impacts of 644 linear feet of warm water streams and 0.02 acres of riparian wetlands. Compensatory wetland and stream mitigation credits will be provided by the North Carolina Department of Environmental Quality (NCDEQ) – Division of Mitigation Services (DMS). The NCDOT proposes a mitigation ratio of 2:1 for all mitigable impacts on this project. 13.0 Indirect and Cumulative Effects The project is a replacement of existing infrastructure; therefore, it is not likely to influence land use or growth in the surrounding area as no new travel lanes are proposed. 14.0 Regulatory Approvals Section 404: Application is hereby made for a USACE Individual 404 Permit as required for the above- described activities. Section 401: We are requesting a Section 401 Water Quality Certification from NCDWR. We are providing this application to NCDWR, for their approval. Authorization to debit the $570 Permit Application Fee from WBS Element 45798.1.1 is hereby given. A copy of this permit application and its distribution list will be posted on the NCDOT website at: https://xfer.services.ncdot.gov/pdea/PermApps/ DocuSign Envelope ID: C5312CAC-9F42-4A32-A180-9B0E8F3908B1 STIP B-5845 Individual Permit Application December 20, 2021 Page 7 of 7 Thank you for your assistance with this project. If you have any questions or need additional information, please contact me at jlwyatt@ncdot.gov or 980-522-4219. Sincerely, Jeff Wyatt NCDOT Division 12 Environmental Supervisor cc: Donna Hood, Mooresville – NCDOT Project Coordinator (NCDWR) NCDOT Permit Application Standard Distribution List Attachments: -Preliminary ORM Data Entry Fields for New Actions -ENG FORM 4345 -Minimum Criteria Determination Checklist (MCDC) -Stormwater Management Plan -Permit Drawings -Mitigation Acceptance Letter -PJD (prepared in 2016, signed by USACE 2021) -NRTR (2016) -NRTR Addendum (2021)(includes Vicinity Map & USGS Topo Map) -NCWAM Forms (2021) -Dwarf-flowered Heartleaf Survey (June 2021) -Dwarf-flowered Heartleaf Survey Addendum (August 2021) -Streamlined Section 7 Consultation for NLEB Memo -No Archaeological Survey Required Form -Historic Architecture and Landscapes No Survey Required Form (2016) -Historic Architecture and Landscapes No Survey Required Form (2021) -Section 106 Requirements DocuSign Envelope ID: C5312CAC-9F42-4A32-A180-9B0E8F3908B1 12/21/2021