20210453 Ver 1_R-5768 Permit Application cover letter_20220627

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, 27127
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968

Website: www.ncdot.gov
Location:
375 SILAS CREEK PARKWAY
WINSTON SALEM, 27127

June 27, 2022

3331 Heritage Trade Dr. Suite 105
Wake Forest, NC 27587
[e-mail]

ATTN: Mr. Andy Williams, NCDOT Regulatory Coordinator

SUBJECT: Application for Section 404 Regional General Permit 50, Section 401
Water Quality Certification for the Proposed Improvements at U.S.
311/N.C. 65 Railroad Crossing, Stokes County, North Carolina,
TIP R-5768, Division 9, Federal Project No. STP-0311(035)

Dear Mr. Williams:

The North Carolina Department of Transportation (NCDOT) and the Federal Highway
Administration (FHWA) are proposing improvements to the intersection of US 311 (S.
Main Street), NC 65, and Stokesburg Road (SR 1928), and improvements to the at-grade,
single-track crossing (NS milepost RW 109.0, AAR crossing #470180V) of the Norfolk
Southern Railway in the Town of Walnut Cove in Stokes County.

Need for Project
Improve Safety – NCDOT in cooperation with FHWA, Stokes County and the Northwest
Piedmont Rural Planning Organization prepared a Comprehensive Transportation Plan
(CTP) Study Report for Stokes County (November 2009). The CTP identified multiple
safety issues at the Norfolk Southern Railway Crossing of NC 65 near the intersections of
US 311, NC 65, and Stokesburg Road, and concluded that it was poorly designed and
placed.
x NC 65 had a 2015 Annual Average Daily Traffic of 4,600 vehicles per day, and up
to ten freight trains travel through the crossing each day.
x The vertical alignment (steep grades) of the approaches to the rail crossing causes
clearance problems for tractor-trailer rigs. A Stokes County Deputy responded to
eight separate incidents of trucks being stuck on the tracks in 2016.

x NC 65 converges sharply with Stokesburg Road adjacent to the south side of the
rail crossing.
x US 311 and NC 65 intersect immediately adjacent to the north side of the rail
crossing.
x The inadequate spacing between the intersections and the rail crossing allows traffic
to back up on all approaches and occasionally some drivers are cueing and stopping
on the tracks.
x For the six-year period from 2011 to 2016, 28 total crashes were reported including
no fatal crashes, seven injury crashes, and 21 property-damage-only crashes. Rear-
end crashes were the predominant crash type. Most of the crashes occurred during
the day on dry pavement, and did not involve alcohol or drugs.

Reduce Congestion – The westbound approach at the unsignalized intersection of US 311
and NC 65 is heavily congested and approaches standstill during the morning and evening
peak hours.

Summary of Need – Improvements are needed in the vicinity of the intersections of US
311, NC 65, and Stokesburg Road, and at the NC 65 Rail Crossing to reduce the potential
for vehicle-vehicle crashes and vehicle-train crashes, to increase sight distance and cueing
on NC 65 and Stokesburg Road, and to reduce congestion during peak hours.

Purpose of Project
The purpose of this proposed action is to improve traffic safety and operations at the
intersections of US 311, NC 65, and Stokesburg Road, and at the NC 65 Rail Crossing by
designing and constructing the following improvements:
x Improving the vertical alignment (flattening the grades) of the approaches to the
NC 65 Rail Crossing,
x Improving the sight distances and cueing storage by realigning NC 65 as it
approaches its intersection with Stokesburg Road, and
x Signalizing the rail crossing to improve traffic cueing and prevent vehicles from
stopping on the tracks.

Proposed Improvements
Approximately 1,500 feet of US 311 will be realigned horizontally and shifted
approximately 65 feet to the northwest to flatten the curve and to provide more separation
between its intersection with NC 65 and the Norfolk Southern Railway Crossing. US 311
will also be realigned vertically and raised 8 feet to provide a smoother approach to the rail
crossing. Approximately 2,400 feet of NC 65 will be realigned to make it the through-
movement at its intersection with Stokesburg Road, and to convey the primary traffic flow
across the rail crossing to its intersection with US 311. A traffic signal will be installed on
the north side of the rail crossing at the intersection of US 311 and NC 65, and a traffic
signal will be installed on the south side of the crossing at the intersection of NC 65 and

Stokesburg Road. Traffic signals at these intersections will reduce congestion and improve
traffic operations, provide proper cueing, and prevent vehicles from stopping on the tracks.
The rail crossing at US 311 and NC 65 will be closed temporarily (approximately 30 days)
during construction of the adjacent improvements on US 311 and NC 65, and traffic will
be detoured to the rail crossing at Plant Street.

Impacts
This action will result in 14 LF of permanent impacts resulting from a 42-Inch reinforced
concrete pipe (RCP) and 10 LF of temporary impacts resulting from installation of the 42-
Inch RCP. There will be < 0.01 acres of permanent impact to wetlands resulting from
mechanized clearing. All mitigation has been acquired by DMS and impacts were mitigated
at 2:1 ratio, acceptance letter from DMS is attached.

Please see enclosed copies of the Pre-Construction Notification (PCN), Stormwater
Management Plan, Permit Drawings, DMS letter, PJD packet and agency responses,
Catawba Indian Nation coordination, USFWS informal consultation documentation for
NLEB, grey bat, and tricolored bat and No Survey Required Memos for Historic
Architecture and Archeology.

Avoidance and Minimization
x Steepening of roadway fill slopes within jurisdictional areas to a 2:1 slope.
x Stormwater was designed to avoid direct discharge into jurisdictional features to
maximum extent practicable.

Section 106
x The NCDOT Archeology staff reviewed the project and made the recommendation
of no survey required after determination after reviewing available data.
x The NCDOT Historic Architecture staff reviewed the project and made the
recommendation of no survey required.
x On February 2nd, 2022, coordination was completed with the Catawba Indian
Nation, no immediate concerns were raised. However, the Catawba are to be
notified if Native American artifacts and / or human remains are located during the
ground disturbance phase of this project.

Endangered Species Act
The United States Fish and Wildlife Service (USFWS) list the following federally
protected species within the study area, under the Endangered Species Act (ESA) (Table
1). For each species, a discussion of the presence or absence of habitat is included below
along with the Biological Conclusion rendered based on survey results in the study area.
The lead federal agency for Section 7 is the Federal Highway Administration (FHWA).
Required consultations are complete and attached.

Table 1. ESA federally protected species within the Study Area1
Scientific Name Common Name Federal
Status
Habitat
Present
Biological
Conclusion
Pleurobema collina James spineymussel E No No Effect
Myotis grisescens gray bat E Yes MA-NLAA
Myotis septentrionalis northern long-eared bat T Yes MA-NLAA
Perimyotis subflavus tricolored bat ARS Yes MA-NLAA
Helianthus schweinitzii Schweinitz's sunflower E Yes No Effect
Cardamine micranthera small-anthered bittercress E Yes No Effect
1 IPaC data checked on June 15, 2022
E - Endangered
T - Threatened
ARS- At Risk Species
MA-NLAA- May Affect- Not Likely to Adversely Affect

James spinymussel
USFWS Recommended Survey Window: year round; April – June (optimal)

Biological Conclusion: No Effect
Habitat for James spinymussel is not present within the study area. A review of
NHP records updated in October 2021, indicates no known occurrences within 1.0
mile of the project study area.

Gray bat
USFWS Recommended Survey Window: May 15 – August 15
Biological Conclusion: May Affect-Not Likely to Adversely Affect.
NCDOT has received concurrence from the USFWS. The Concurrence Verification
Letter agrees with a biological conclusion of May Affect-Not Likely to Adversely
Affect determination. USFWS concurrence documentation is attached.

Northern long-eared bat
USFWS Recommended Survey Window: May 15 – August 15

Biological Conclusion: May Affect-Not Likely to Adversely Affect.
NCDOT has received concurrence from the USFWS. The Concurrence Verification
Letter agrees with a biological conclusion of May Affect-Not Likely to Adversely
Affect determination. USFWS concurrence documentation is attached.

Tricolored bat
USFWS Recommended Survey Window: May 15 – August 15

Biological Conclusion: May Affect- Not Likely to Adversely Affect.
NCDOT has received concurrence from the USFWS. The Concurrence Verification
Letter agrees with a biological conclusion of May Affect-Not Likely to Adversely
Affect determination. USFWS concurrence documentation is attached.

Schweinitz's sunflower
Survey Window: late August – October

Biological Conclusion: No Effect
Habitat in the form of roadside rights-of-way, maintained power lines, utility rights-
of-way, edges of thickets, and clearings are located throughout the study area. A
survey was conducted on October 19, 2021, and Schweinitz's sunflower was not
observed. A review of NHP records updated in October 2021, indicates no known
occurrences within 1.0 mile of the project study area.

Small-anthered bittercress
USFWS Optimal Survey Window: April – May

Biological Conclusion: No Effect
Habitat in the form of small intermittent streams and stream bank edges are present
within the study area. A survey was conducted on April 19, 2021, and small-
anthered bittercress was not observed. A review of NHP records updated in October
2021, indicates no known occurrences within 1.0 mile of the project study area.

Project Commitments from ESA consultations
x New permanent lighting and temporary light associated with night work be at least
800 feet from Lick Creek and Town Fork Creek
x Tree clearing will occur at least 70 feet from Town Fork Creek and Lick Creek and
25 feet from the UT to Town Fork Creek
x Tree clearing will take place from October 16 to March 31, outside of the active
season for tricolored bats and northern long-eared bats.
x NCDOT will survey the 36-inch culvert in the 2022 survey season for the presence
of bats.
x Ensure all operators, employees, and contractors working the areas of known or
presumed bat habitat area aware of all FHWA environmental commitments,
including all applicable avoidance and minimization measures.
x Modify all phases/aspects of the project (e.g., temporary work areas, alignments)
to avoid tree removal.
x Apply time of year restrictions for tree removal when bats are not likely to be resent,
or limit tree removal to 10 or fewer trees per project at any time of year within 100
feet of existing road/ rail surface and outside of documented roosting/ foraging
habitat or travel corridors; visual emergence survey must be conducted with no bats
observed.
x Ensure tree removal is limited to that specified in project plans and ensure that
contractors understand clearing limits and how they are marked in the field (e.g.,
install bright colored flagging / fencing prior to any tree clearing to ensure
contractors stay within clearing limits).
x Do not remove documented northern long-eared bat roosts that are still suitable for
roosting, or trees within 0.25 miles of roosts, or documented foraging habitat any
time of year.
x Direct temporary lighting away from suitable habitat during the active season.
x When installing new or replacing existing permanent lights, use downward-facing,
full cut off lens lights (with same intensity or less for replacement lighting).
This project calls for a letting date of October 26, 2022, and a review date of August 12,
2022.
By copy of this letter, we also request 401 review and approval from the NC Division of
Water Resources with one copy of the application package provided to Amy Chapman,
Transportation Permitting Unit Supervisor, and Dave Wanucha, DOT Project Coordinator.
Please charge the application fee of $240 to WBS Element 44670.1.1.
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/. If you have any questions or
need additional information, please contact Amy Euliss at [phone].
Sincerely,
Amy Euliss
NCDOT Division 9 PDEA Engineer
cc: Dave Wanucha, NCDWR TPU
Amy Chapman, NCDWR TPU
Beth Harmon, NCDMS