20190331 Ver 2_17BP.9.R.76 reapplication cover letter_20221017

S TATE OF N ORTH C AROLINA
D EPARTMENTOF T RANSPORTATION

R OY C OOPER J.E RIC B OYETTE
G OVERNOR S ECRETARY
October 17, 2022
Mr. Eric Alsmeyer
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105,
Wake Forest, NC 27587

SUBJECT: Pre-Construction Notification Pursuant to Nationwide Permit #14 Replacement
of Bridge No. 081 on SR 1926 over Deals Creek (Class C), Rowan County, NC WBS Number:
17BP.9.R.76. USACE Action ID SAW-2019-00473. DWR no. 2019-0331.

Dear Mr. Alsmeyer:

NCDOT received a written Nationwide 14 dated March 27, 2019, and a General Certification
dated March 27, 2019 for the replacement of Bridge no. 81 in Rowan County. The Nationwide
permit expired on March 18, 2022. We are not able to complete the project in the one-year grace
period, so we are reapplying for new authorizations.

We are requesting a Section 404 Nationwide Permit (NWP) #14 for the replacement of Bridge
No. 081 with a new bridge on a new adjacent, downstream location over Deals Creek (Class C)
on SR 1926 in Rowan County. The existing bridge will continue to be used during construction of
the new bridge. In addition to the PCN form, USGS and NRCS site excerpt maps, a “No Survey
Required” form for Historic Architecture and Landscapes, a “No Archaeological Survey Required
Form” for Archaeological Resources, a request for comments from the Catawba Indian Nation,
Permit Drawings and a Stormwater Management Plan are included. Efforts in support of the
delineation of waters of the U.S. also included are the wetland determination data sheets, and
waters map. The project will permanently impact 0.46 acre of forested wetland, temporarily
impact 0.18 acre of forested wetland, and temporarily impact 126 linear feet (0.08 acres) of Deals
Creek for construction of the new bridge and demolition of the old bridge. A mitigation
acceptance letter from the Division of Mitigation Services is included for the 0.46 impacts of
wetland (at a 2:1 ratio).

Protected Species
The U.S. Fish and Wildlife Service (USFWS) lists Schweinitz’s sunflower (Helianthus
schwenitzii) as endangered and proposes the tricolored bat as endangered for the project area in
IPAC. There is habitat in the project area for Schweinitz’s sunflower. Schweinitz’s sunflower
surveys were completed on October 4, 2017, and October 18, 2021. A search of the North
Carolina Natural Heritage Program (NCNHP) database, accessed on October 14, 2022, found no
occurrences of Schweinitz’s sunflower within 1.0 mile of the study area. A biological conclusion
of “No Effect” was reached for Schweinitz’s sunflower.
Mailing Address:Telephone: [phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax: [phone] SILAS CREEK PARKWAY
DIVISION 9 Customer Service: 1-877-368-4968 WINSTON-SALEM, NC 27127
375 SILAS CREEK PARKWAY
WINSTON SALEM, NC 27127
Website: ncdot.gov

There is summer roosting habitat in the surrounding trees for tricoloredbat (PESU). No evidence
ofbatsusingthebridgewasfoundduringafieldreviewon June 30, 2022.There are no element
occurrencedatafor Tricolored bats in the USACE action area.There is a known hibernaculum for
PESU within 3.8miles of the action area, at Boone’s Cave Park in Davidson County. Anticipated
tree clearing impacts for this project are estimated to be 0.65acre. The NCDOT determined that
theproject ‘May Affect, Not Likely to Adversely Affect’ the NLEB.A copy of the request for
submittalto USFWSis included in the permit application. The followingAvoidance and
Minimizations Measures will be utilizedto reduce impacts to the PESU:
1.A tree clearing moratoriumwillbe implemented for the action area from April1 to
October 15, effective withthelisting of PESU.
2.Tree clearinglimitswill be clearlydenoted on the project plansand ensure thatthe
contractors understand the limits.
3.Tree clearingwill be minimized to whatis required toimplement the project safely.
4.There will beno pile driving at night.
5.There will be no temporary or permanent lighting.
Bald eagles are protected under the Bald and Golden Eagle Protection Act. A desktop-GIS
assessment of the study area, as well as the area within a 1.0-mile radius of the projectlimits, was
performed on March 15, 2018 using September 2, 2017 color aerials.The confluence of the
Yadkin River and the South Yadkin River is located approximately 500 feet to the northeast of
the study area.Bothrivers were large enough and provided suitable foraging habitat for bald
eagles.Using GIS, a buffer of 660 feet was created around the study area which was then loaded
into a Trimble Geo7X and used as the baldeagle study area.A survey of the bald eagle study area
was conducted on March 16, 2018,and February 25, 2022. No nests were found within the bald
eagle study area and there were no eagles observed during this survey.Additionally, a review of
the NHP databaseonOctober 14, 2022,revealednoknownoccurrencesofthisspecieswithin1.0
mile ofthe studyarea.
By copy ofthisletter, 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 Project No. 17BP.9. R.76.
If you have any questions, comments or need additional information after reviewing this material
please contact me at [phone]. Thank you for your cooperation in this matter.
Sincerely,
AmyEuliss
DivisionEnvironmentalOfficer,NCDOTDivision9
Attachments:Applicationpackage
CC:DaveWanucha,NCDEQ-DWR,EnvironmentalSpecialist-
PhilSuggs,Division9and10RoadsideEnvironmentalEngineer