Loading...
HomeMy WebLinkAbout20211283 Ver 2_Alleghany Bridge #5 Reverificaiton Info Packet_20230103 Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right-click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf County (or Counties) where the project is located:* Is this a NCDMS Project * Is this project a public transportation project?* Is this a NCDOT Project?* (NCDOT only) T.I.P. or state project number: WBS #* 1a. Type(s) of approval sought from the Corps:* Has this PCN previously been submitted?* 1b. What type(s) of permit(s) do you wish to seek authorization?* 1c. Has the NWP or GP number been verified by the Corps?* Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR:* Pre-Filing Meeting Information A. Processing Information Alleghany Yes No Click Yes, only if NCDMS is the applicant or co-applicant. Yes No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. Yes No 17BP.11.R.152 (for NCDOT use only) Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Yes No Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) Yes No 14 - Linear transportation List all NW numbers you are applying for not on the drop down list. check all that apply 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization Individual 401 Water Quality Certification Before submitting this form please ensure you have submitted the Pre-Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre-Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) “At least 30 days prior to submitting a certification request, the project proponent shall request a pre-filing meeting with the certifying 1e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after-the-fact permit application?* 1g. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties?* 1j. Is the project located in a designated trout watershed?* You must submit a copy of the appropriate Wildlife Resource Commission Office. Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx 1a. Who is the Primary Contact?* 1b. Primary Contact Email:* 1c. Primary Contact Phone:* 1d. Who is applying for the permit?* 1e. Is there an Agent/Consultant for this project?* 2. Owner Information agency” and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to view the form. Is this a courtesy copy notification?* ID#Version Pre-fling Meeting or Request Date * Attach documentation of Pre-Filing Meeting Request here:* Yes No 20211283 1 9/15/2021 Click the upload button or drag and drop files here to attach document 20211283 Ver 1_Meeting Request Review_20210830.pdf 633.85KB File type must be PDF Yes No Yes No Yes No If so, attach the acceptance letter from mitigation bank or in-lieu fee program. Yes No Click the upload button or drag and drop files here to attach document FILE TYPE MUST BE PDF Yes No Yes No B. Applicant Information Kevin Hining NCDOT kjhining@ncdot.gov (xxx)xxx-xxxx (828)386-7202 Owner Applicant (other than owner) (Check all that apply) Yes No 2a. Name(s) on recorded deed:* 2b. Deed book and page no.: 2c. Contact Person: NCDOT (for Corporations) 1a. Name of project:* 1b. Subdivision name: 1c. Nearest municipality / town:* 2a. Property Identification Number:2b. Property size: 2c. Project Address 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey-grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:*Longitude:* 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* 3b. Water Resources Classification of nearest receiving water:* Surface Water Lookup 3c. What river basin(s) is your project located in?* 3d. Please provide the 12-digit HUC in which the project is located.* River Basin Lookup 4. Project Description and History 2d. Address * 2e. Telephone Number:* 2f. Fax Number: 2g. Email Address:* City North Wilkesboro State / Province / Region NC Postal / Zip Code 28659 Country USA Street Address 801 Statesville HWY Address Line 2 (xxx)xxx-xxxx (828)386-7202 (xxx)xxx-xxxx kjhining@ncdot.gov C. Project Information and Prior Project History 1. Project Information Alleghany bridge 5 replacement (if appropriate) Sparta 2. Project Identification (tax PIN or parcel ID)(in acres) City State / Province / Region Postal / Zip Code Country Street Address Address Line 2 36.461146 ex: 34.208504 -81.143988 -77.796371 Little River Class C; Tr New 050500010404 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don’t require pre-construction notification. 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. "S." will be used in the table below to represent the word "stream". 3a. Reason for impact *(?)3b.Impact type *3c. Type of impact *3d. S. name *3e. Stream Type * (?) 3f. Type of Jurisdiction * 3g. S. width *3h. Impact length * S1 S2 S3 ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. Bridge is in need of replacement (Site 1), as well as a nearby 72" x 49' CMP (Site 2). Surrounding land use is rural, with a mix of cattle/pastures and woodlands. Yes No Unknown 0 (intermittent and perennial) 300' State project 17BP.11.R.152 will consist of replacing the structurally deficient NCDOT bridge #20005 over Little River with a new bridge, to improve safety (Site 1). We will also replace and upgrade a perched 72" x 49' long round CMP on a UT of Little river with a 87" W x 63" T x 54' long CMP (Site 2). This new structure will be buried 1' to improve aquatic passage. The proposed bridge is a 1-span (1@70’) 24” PCBB with 4’ caps with an out-to-out deck width of 30’ which will replace the existing 1-span (1@40’). Roadway fill slopes will be 2:1 or flatter. All fill slopes will be grassed to encourage a diffuse flow pattern and passive stormwater treatment wherever rip rap is not called for in the plans. Storm water runoff from the bridge and approach slabs will be collected by a traffic bearing grated inlet and released onto a rip rap pad and allowed to sheet flow over vegetation towards the river. Yes No Unknown Only two waters present - Little River and a UT to Little River Preliminary Approved Not Verified Unknown N/A Example: SAW-2017-99999 Tom Pride and Ashley Abdel-Hadi Kisinger Campo and Associates Yes No No D. Proposed Impacts Inventory Wetlands Streams-tributaries Buffers Open Waters Pond Construction bank stabilization Permanent Bank Stabilization Little River - Site 1 Perennial Both 20 Average (feet) 37 (linear feet) culvert replacement Permanent Culvert UT of Little River - Site 2 Perennial Both 2 Average (feet) 5 (linear feet) culvert replacement Temporary Dewatering UT of Little River - Site 2 Perennial Both 2 Average (feet) 79 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 3i. Total stream and ditch impacts: 3j. Comments: 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 2b. If this project DOES NOT require Compensatory Mitigation, explain why: NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? For a list of options to meet the diffuse flow requirements, click here. If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT’s Individual NPDES permit NCS000250?* Comments: 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* 1b. If you answered “yes” to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)* 0 42 79 121 E. Impact Justification and Mitigation The existing bridge will remain in place during construction, preventing the need for a detour. All work will be done in the dry, and no direct discharge of sediment will occur into Little River or the UT on the project site. The erosion control measures have been improved to fulfill the design standards for sensitive watershed requirements. All Best Management Practices will be adhered to. The erosion control measures have been improved to fulfill the design standards for sensitive watershed requirements. Yes No There is 5' of new fill, from the extension of the existing 49' CMP to a 54' CMP. This increase in length will improve the buffer width between the roadway and pipe inlet/outlet, and help improve the safety of motorist by providing room for guardrail around the new CMP. NCDOT has not purchased mitigation for this 5' of new fill, but will do so if USACE requires it. F. Stormwater Management and Diffuse Flow Plan (required by DWR) Yes No Yes No NPDES forms will be filled out weekly, and after any 1" rainfall. All erosion control measures will employ design standards for sensitive waters. G. Supplementary Information Yes No Yes No Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* 3b. If you answered “no,” provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* 5d. Is another Federal agency involved?* 5e. Is this a DOT project located within Division's 1-8?* 5f. Will you cut any trees in order to conduct the work in waters of the U.S.?* 5g. Does this project involve bridge maintenance or removal?* 5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf If you answered "Yes" to 5g(1), did you discover any signs of bat use?* *** If yes, please show the location of the bridge on the permit drawings/project plans. 5h. Does this project involve the construction/installation of a wind turbine(s)?** 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?* 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* Yes No Yes No Yes No N/A Yes No Yes No Yes No Unknown Yes No Yes No Yes No Yes No Yes No Unknown Yes No Yes No NCDOT Biological Unit, USFWS IPaC and NC Natural Heritage Program Yes No NOAA Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain?* 8c. What source(s) did you use to make the floodplain determination?* Comments Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. * · The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief’; and · The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. · I have given true, accurate, and complete information on this form; · I agree that submission of this PCN form is a “transaction” subject to Chapter 66, Article 40 of the NC General Statutes (the “Uniform Electronic Transactions Act”); · I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the “Uniform Electronic Transactions Act”); · I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND · I intend to electronically sign and submit the PCN form. Full Name:* Signature * Date SHPO and NCDOT Architecture and Archaeology Unit Yes No FRIS Miscellaneous Attached are: 1) Tribal letters, and responses that were received 2) NCDOT Architecture and Archaeology review 3) Permit drawings 4) MCDC with signatures 5) PCN summary letter Click the upload button or drag and drop files here to attach document NCDOT Alleghany Bridge 5 Tribal notification letters.pdf 194.83KB NCDOT Alleghany 5 Architecture Review - NoSurveyReq.pdf 355.17KB NCDOT Alleghany 5 Archaeology review - No NRHP form.pdf 1.49MB 17BP.11.R.152 Alleghany 5 Permit Drawings for PCN.pdf 4.35MB 17BP11.R.152-MCDC.pdf 4.03MB Final Alleghany 5 PCN letter.pdf 121.89KB File must be PDF or KMZ Signature By checking the box and signing below, I certify that: Kevin Hining 10/26/2021 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION 11 801 STATESVILLE RD NORTH WILKESBORO, NC 28659 Telephone:828-386-7202 kjhining@ncdot.gov Customer Service: 1-877-368-4968 Website: ncdot.gov October 26th, 2021 Ms. Lori Beckwith U. S. Army Corps of Engineers NCDOT Regulatory Project Manager 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide 14 Permit Application – Allegheny Bridge 5 replacement. Ashe County, North Carolina. 17BP.11.R.152 - State Funded Dear Ms. Beckwith: The North Carolina Department of Transportation (NCDOT) is proposing to replace the existing single span timber bridge over Little River on SR 1133 (Pine Swamp Road) in Alleghany County with a two-lane concrete, single-span bridge (Site 1). A nearby CMP on a UT of Little River will also be replaced (Site 2). The project will be State Funded. Site 1 - the existing bridge is functionally obsolete. The new bridge will be built just upstream, so that the existing bridge can remain open during construction. Currently, all stormwater on the bridge flows directly into Little River. Stormwater runoff from the new bridge and approach slabs will be collected by a traffic bearing grated inlet and discharged onto a rip rap pad, and then allowed to sheet flow over vegetation. The existing bridge is composed of vertical wooden abutments, which will be removed, and the exposed banks will be sloped 1.5:1 and rip rapped for permanent stabilization. This will result in 37’ of new rip rap. The construction of the new bridge will not impact any jurisdictional resources. Site 2 - the other jurisdictional impact on this project will include the replacement of a 72” x 49’ CMP. The CMP carries a 2’ wide UT that enters Little River on the north side of the project area, downstream of the bridge. This pipe is currently in poor shape, and perched, resulting in limited aquatic passage. The new pipe will be an oval pipe measuring 87” wide and 63” tall, and will be buried 1’ to improve aquatic passage. The new pipe will be 54’ in length, resulting in 5’ new feet of permanent impacts. 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 79’ 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. All erosion control measures will include designed standards for sensitive watersheds. 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 July 2021, indicates the historical occurrence of this species approximately 0.7 miles to the northwest. However, the last individual observed at this site 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 bridge during the winter and summer of 2021, and no indication of bat usage was observed on either occasion. A review of the NCNHP records, updated July 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 in the area and the closest mine is a surface mine 1.5 miles to the northeast - the project will involve 0.06 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 to archaeological resources. Following a survey, no archaeological sites were identified, and it was determined that no further archaeological investigations were warranted. The project was also reviewed for Historic Architecture, and no survey was required. All four of the appropriate tribes were contacted in September of 2021 and given 30 days to respond. At this time, no responses have been received. Impacts to Waters of the United States Little River will receive 37’ of permeant impacts due to rip rap where the old bridge abutments were located (Site 1). In addition, the UT to Little River will receive 5’ of new permanent impact due to the replacement of a 72” x 49’ CMP with a 87” x 83” x 54’ CMP (Site 2). The UT will be dewatered during the pipe replacement, resulting in 79’ 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 within a designated trout watershed, and NCWRC has already indicated that a trout moratorium is needed. 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 (828) 386-7202 if you have any questions or need additional information to evaluate this request. Sincerely, Kevin Hining Division 11 Environmental Officer 828-386-7202 kjhining@ncdot.gov 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 December 6, 2021 Alleghany County NCDWR Project No. 20211283 Bridge 5 on Pine Swamp Road WBS Element 17BP.11.R.152 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Kevin Hining, DEO NCDOT Division 11 801 Statesville Road North Wilkesboro, NC 28659 Dear Mr. Hining: You have our approval, in accordance with your application received on October 28, 2021, and with the conditions listed below, to impact the Little River and a UT to Little River to replace the existing bridge with a new bridge and a to replace a culvert on Pine Swamp Road (SR 1133). Stream Impacts in the New River Basin. Site Permanent Fill in Perennial Stream (linear ft) Temporary Fill in Perennial Stream (linear ft) Stream Impacts Requiring Mitigation (linear ft) Bank Stabilization Culvert Dewatering 1 37 - - - 2 - 5 79 - Totals 37 5 79 - Total Stream Impact for Project: 121 linear feet After reviewing your application, we have decided that the proposed impacts are covered by General Water Quality Certification (GC) Number 4135. This GC corresponds to US Army Corps of Engineers Nationwide Permit 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the corresponding 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to perennial streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below.          Condition(s) of Certification: Project Specific Conditions 1. Bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT’s Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 2. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2) 3. For the 79 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)] 4. All work in or adjacent to stream waters shall be conducted per approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual. [15A NCAC 02H.0506(b)(3) and (c)(3)] 5. Stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams. (15A NCAC 02B.0224 and .0225) 6. The Little River carries a supplemental classification of Trout waters; therefore, the permittee shall use erosion control measures based on Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]). 7. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be pre-treated through site- appropriate means (grassed swales, pre-formed scour holes, rip-rap deck drain pads, vegetated buffers, etc.) before entering the stream. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5). 8. Placement of culverts and other structures in open waters and streams, shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NCDWR for guidance on how to proceed and to determine whether a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 9. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 10. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 11. This project has the potential to impact trout waters. The NCWRC has determined that a moratorium is applicable. Therefore, the following trout moratorium shall be a condition of this 401 Certification. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout. If the NCDOT does not wish to honor          the moratorium, then a written modification shall be submitted. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B.0125] General Conditions 1. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.0200] 2. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 3. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 4. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 6. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 7. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 8. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 9. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the USDOT and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 10. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing or flagging prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] 11. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 12. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 13. Upon completion of the project (including any impacts at associated borrow or waste sites), the USDOT shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)]          14. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 02H.0506(b)(3) and (c)(3)] 15. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] 16. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]): a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 17. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be removed, and the natural grade restored upon completion of the project. [15A NCAC 02H.0506(b)(3) and (c)(3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-providing the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center          This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Dave Wanucha at (336) 403-5655 or dave.wanucha@ncdenr.gov. Sincerely, S. Daniel Smith, Director Division of Water Resources Electronic copy only distribution: Lori Beckwith, US Army Corps of Engineers, Asheville Field Office Janet Mizzi, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy          NCDWR Project No.: ____________________ County: __________________________ Applicant: _________________________________________________________________ Project Name: _____________________________________________________________ Date of Issuance of 401 Water Quality Certification: _____________________________ Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant’s authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant’s Certification I, _____________________________________, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ___________________________________________ Date: ___________________________ Agent’s Certification I, _____________________________________, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ___________________________________________ Date:___________________________ Engineer’s Certification _______ Partial _______ Final I, _______________________________________, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature __________________________________________________ Registration No. _____________ Date _______________________          U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2021-02318 County: Alleghany GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: North Carolina Department of Transportation Attn: Mr. Kevin Hining Address: 801 Statesville Road North Wilkesboro, North Carolina 28659 336-903-9129 Size and location of property (water body, road name/number, town, etc.): The project is located at Bridge No. 5 over the Little River on SR 1133 in Alleghany County, North Carolina. Description of project area and activity: In order to replace the bridge, the permittee is authorized to impact waters of the U.S. as follows: Summary of Authorized Impacts and Required Mitigation Impact ID # NWP / GP # Open Water (ac) Wetland (ac) Stream (lf) Temporary Permanent Temporary Permanent Temporary Permanent Site 1 (Little River) 14 37’ (bank stabilization) Sites 2 & 3 (Unnamed tributary (UT) to the Little River) 14 79’ (dewater) 5’ (culvert replacement) Impact Totals 0 0 0 0 79’ 42’ Total Loss of waters of the U.S. (wetlands and/or open waters in ac) 0 Total Loss of waters of the U.S. (streams in lf) 5’ Required Wetland Mitigation (ac) 0 Required Stream Mitigation (lf) 0 Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, your submitted application, and the following special conditions: Special Conditions 1. All work must be performed in strict compliance with (a) the description of work in the PCN and (b) the Wetland and Stream Impacts Drawing(s) (Permit Plans) in the application dated October 26, 2021. Any modification to the description of work and/or the permit plans must be approved by the USACE prior to implementation. SAW-2021-02318, Bridge No. 5, Alleghany Co. -2- 2. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this authorization letter in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this authorization letter, all conditions, and any authorized modifications. A copy of this authorization letter, all conditions, and any authorized modifications, shall be available at the project site during construction and maintenance of this project. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, 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 or revoked. If, prior to the expiration date identified below, 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 and/or regional general 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 and/or regional general permit, activities which have commenced (i.e., are under construction) or are under contract 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/or regional general permit’s expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke 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 828-296-4500) to determine Section 401 requirements. This Department of the Army verification does not relieve the permittee of 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 U.S. Army Corps of Engineers regulatory program, please contact at 828-271-7980. USACE Regulatory Official: Monte Matthews___________________________ Date: December 22, 2021 Expiration Date of Verification: March 18, 2022 Action ID Number: SAW-2021-02318 County: Alleghany Permittee: NCDOT, Mr. Kevin Hining Project Name: NCDOT / Bridge No. 5 / SR 1133 / Alleghany Co. / Div 11 Nationwide Permit: 14 Date Verification Issued: December 22, 2021 Project Manager: Lori Beckwith 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: Lori Beckwith 151 Patton Avenue Room 208 Asheville, NC 28801-5006 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 U.S. Army Corps of Engineers 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 Project Tracking No. 21-06-0002 2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM “NO NATIONAL REGISTER ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES PRESENT” FORM 1 of 8 NO NATIONAL REGISTER OF HISTORIC PLACES ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES PRESENT FORM This form only pertains to ARCHAEOLOGICAL RESOURCES for this project. It is not valid for Historic Architecture and Landscapes. You must consult separately with the Historic Architecture and Landscapes Team. PROJECT INFORMATION Project No: County: Alleghany WBS No: 17BP.11.R.152 Document: State Minimum Criteria Checklist F.A. No: Funding: State Federal Federal Permit Required? Yes No Permit Type: USACE Project Description: Replace Bridge 5 on SR 1133 (Pine Swamp Rd.) over the Little River in Alleghany County. The Area of Potential Effects (A.P.E.), based on the study area provided by the project manager, is approximately 233 meters (764 ft.) long and 122 meters (400 ft.) wide. The project is state funded and will require federal permits, so this review is conducted pursuant to Section 106 of the National Historic Preservation Act. SUMMARY OF ARCHAEOLOGICAL FINDINGS The North Carolina Department of Transportation (NCDOT) Archaeology Team has reviewed the subject project and determined: There are no National Register listed ARCHAEOLOGICAL SITES within the project’s area of potential effects. (Attach any notes or documents as needed.) No subsurface archaeological investigations were required for this project. Subsurface investigations did not reveal the presence of any archaeological resources. Subsurface investigations did not reveal the presence of any archaeological resources considered eligible for the National Register. All identified archaeological sites located within the APE have been considered and all compliance for archaeological resources with Section 106 of the National Historic Preservation Act and GS 121-12(a) has been completed for this project. Brief description of review activities, results of review, and conclusions: see attached memo (This project falls within a North Carolina County in which the following federally recognized tribes have expressed an interest: the Cherokee Nation; the Eastern Band of Cherokee Indians; the United Keetoowah Band of Cherokee Indians; and the Catawba Indian Nation. We recommend that you ensure that this documentation is forwarded to these tribes using the process described in the current NCDOT Tribal Protocol and PA Procedures Manual.) SUPPORT DOCUMENTATION See attached: Map(s) Previous Survey Info Photos Correspondence Other: Signed: CALEB SMITH 9/27/2021 NCDOT ARCHAEOLOGIST Date Archaeological Survey for the Replacement of Bridge 5 on SR 1133 (Pine Swamp Rd.) over the Little River, Alleghany County, North Carolina (PA 21 -06-0002) Caleb Smith (9/27/2021) Introduction The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge 5 on SR 1133 (Pine Swamp Rd.) over the Little River in Alleghany County (Figure 1). The Area of Potential Effects (A.P.E.), based on the study area provided by the project manager, is approximately 233 meters (764 ft.) long and 122 meters (400 ft.) wide. While the bridge is oriented approximately north-south, SR 1133 turns sharply to the northwest on the north side of the bridge. Design plans show the bridge will be replaced with a new bridge along the west side of the existing bridge (Figure 2). The project is state funded and will require federal permits, so this review is conducted pursuant to Section 106 of the National Historic Preservation Act. Cultural Resources Review The bridge replacement project was submitted to the NCDOT Archaeology Team for cultural resources review in June 2021 (PA 21-06-0002). Our review included an examination of a topographic map (Figure 3), the Alleghany County web soil survey, an aerial photograph (Figure 4), and records about previously recorded sites, previous archaeological surveys, and previous environmental reviews in the vicinity of the project. The topographic map shows the A.P.E. includes level, well drained land along the Little River, a landform with a moderate to high potential for prehistoric archaeological sites. The Alleghany County soil survey shows there are landforms with well-drained soil in the A.P.E. The aerial photograph shows the land in most of the A.P.E. is cleared (for agriculture and/or pasture). There are no previously recorded archaeological sites within or adjacent to the A.P.E., the A.P.E. is not within any projects that have been reviewed by the State Historic Preservation Office (HPO), and is not within any areas that have been surveyed for archaeological sites. A visual examination of the project was conducted on 6/18/2021. The examination found the northwest and southwest quadrants had a moderate to high potential for archaeological sites. On 7/29/2021, an archaeological survey was recommended for the northwest and southwest quadrants (see Archaeological Survey Required form [Smith 2021]). Archaeological Field Survey The archaeological field survey was conducted by NCDOT archaeologist Caleb Smith and NCDOT Division 11 Environmental Officer Kevin Hining on 8/12/2021. Preliminary design plans for the bridge replacement were provided in August 2021. The plans show the bridge will be replaced along the west side of the existing bridge. The A.P.E. consists of a narrow strip of land along the west side of the bridge and road. The impacts to the northwest quadrant do not include any of the level floodplain in that quadrant so no shovel tests were excavated there. Alleghany 5 survey memo 2 Figure 1: Location of the project in Alleghany County, North Carolina. Alleghany 5 survey memo 3 ST 1 ST 2 Existing bridge Figure 2: Preliminary design plans for the replacement of Bridge 5 showing shovel test locations. Alleghany 5 survey memo 4 Area of Potential Effects Figure 3: Topographic map of the Area of Potential Effects (USGS Whitehead, N.C. 1:24,000-scale topographic map). Alleghany 5 survey memo 5 ST 1 ST 2 Area of Potential Effects Southeast quadrant Southwest quadrant SR 1134 (Harold Rd.) New bridge Figure 4: Aerial photograph of the Area of Potential Effects. Alleghany 5 survey memo 6 The impacts are limited to the slope along the west side of the road. The impacts to the southwest quadrant do include a section of well drained floodplain. Two shovel tests (STs) were excavated in that quadrant. The southwest quadrant is a level floodplain that is currently used as cow pasture (Figures 5-6). A small stream is located approximately 75 meters (246 ft.) south of the bridge. The creek runs northeast through the southwest quadrant, goes under SR 1133, and turns north to run along the east side of SR 1133 to join the Little River in the southeast quadrant. ST 1 was placed approximately 15 meters (50 ft.) west of the road and 10 meters (32 ft.) south of the creek. The soil consisted of 35 centimeters (14 in.) of dark brown silty loam over 10 centimeters (4 in.) of mottled brown and gray sand. The top layer of soil was hard-packed, a common feature of soil in pastures that have been churned up by cows. The sand is interpreted as being a deposit from past river flooding. No artifacts were recovered from ST 1. ST 2 was placed approximately 30 meters (100 ft.) south of ST 1, 10 meters (32 ft.) west of the road, and 20 meters (66 ft.) north of the small creek. The soil in ST 2 was similar to that in ST 1, consisting of 40 centimeters (16 in.) of dark brown silty loam over 10 centimeters (4 in.) of mottled brown and dark brown sand. No artifacts were recovered from ST 2. Summary and Conclusion The cultural resources review of the replacement of bridge 5 included an examination of a topographic map, the Alleghany County soil survey, an aerial photograph, and records about previously recorded archaeological sites, previous archaeological surveys, and projects that have been reviewed by HPO. It also included an archaeological reconnaissance of the project area. An Archaeological Survey Required form was submitted on 7/29/2021. The archaeological survey was conducted on 8/12/2021. Two STs were excavated in the southwest quadrant of the bridge replacement. The STs did not contain any artifacts. No additional archaeological survey is required. References Cited Smith, Caleb 2021 Archaeological Survey Required form, Replacement of Bridge 5 on SR 1133 (Pine Swamp Rd.) over the Little River in Alleghany County, North Carolina (PA 21-06-0002). Archaeology Team, Environmental Analysis Unit, N.C. Department of Transportation, Raleigh. Form submitted on 7/29/2021. Alleghany 5 survey memo 7 Figure 6: North view of shovel tests 1 and 2 in the southwest quadrant. ST 1 ST 2 Figure 5: South view of the southwest quadrant. ST 1 Historic Architecture and Landscapes NO SURVEY REQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement. Page 1 of 3 HISTORIC ARCHITECTURE AND LANDSCAPES NO SURVEY REQUIRED FORM This form only pertains to Historic Architecture and Landscapes for this project. It is not valid for Archaeological Resources. You must consult separately with the Archaeology Group. PROJECT INFORMATION Project No: County: Alleghany WBS No.: 17BP.11.R.152 Document Type: MCC Fed. Aid No: Funding: State Federal Federal Permit(s): Yes No Permit Type(s): Project Description: Replace Bridge No. 5 on SR 1133 (Pine Swamp Road) over Little River. SUMMARY OF HISTORIC ARCHITECTURE AND LANDSCAPES REVIEW Description of review activities, results, and conclusions: Review of HPO quad maps, HPO GIS information, historic designations roster, and indexes was undertaken on June 7, 2021. Based on this review, there are no existing NR, SL, LD, DE, or SS properties in the Area of Potential Effects, which is defined on the following maps. There are no properties over fifty years of age within the APE that warrant further evaluation based on aerial imagery. There are no National Register listed or eligible properties and no survey is required. If design plans change, additional review will be required. Why the available information provides a reliable basis for reasonably predicting that there are no unidentified significant historic architectural or landscape resources in the project area: HPO quad maps and GIS information recording NR, SL, LD, DE, and SS properties for the Alleghany County survey, Alleghany County GIS/Tax information, and Google Maps are considered valid for the purposes of determining the likelihood of historic resources being present. There are no National Register listed or eligible properties within the APE and no survey is required. SUPPORT DOCUMENTATION Map(s) Previous Survey Info. Photos Correspondence Design Plans FINDING BY NCDOT ARCHITECTURAL HISTORIAN Historic Architecture and Landscapes -- NO SURVEY REQUIRED Kate Husband June 7, 2021 NCDOT Architectural Historian Date 21-06-0002 Project Tracking No. (Internal Use) Historic Architecture and Landscapes NO SURVEY REQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement. Page 2 of 3 Historic Architecture and Landscapes NO SURVEY REQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement. Page 3 of 3 State Historic Preservation Office GIS. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER JAMES H. TROGDON, III GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION 11 801 STATESVILLE HWY NORTH WILKESBORO, NC 28659 Telephone: (336)-903-9129 Fax: (336)-667-4549 Customer Service: 1-877-368-4968 Website: www.ncdot.gov September 27th, 2021 Whitney Warrior Tribal Historic Preservation Officer PO BOX 1245 Tahlequah, OK 74465 Dear Whitney, The North Carolina Department of Transportation is starting the project development, environmental, and engineering studies for the replacement of bridge #5 on SR 1133, Pine Swamp Rd, over Little River, Alleghany County, North Carolina. The US Army Corps of Engineers is the lead agency and a permit is anticipated under the Section 404 process with the USACE. The project vicinity map is attached, and the coordinates are 36.461267, -81.144013. I have also attached the results of a 2021 archaeology survey at this location. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project. Your comments will be used in the preparation of a NEPA/SEPA Environmental Document, in accordance with the State and/or National Environmental Policy Act. Please respond by October 31st, 2021, so that your comments can be used in the project development process. If you have any questions concerning this project, or would like any additional information, please contact me at (336) 903-9129 or email kjhining@ncdot.gov. Sincerely, Kevin Hining Division Environmental Officer- NCDOT, Highway Division 11 Cc: Matt Wilkerson, NCDOT Archaeology Team Lead Cc: Lori Beckwith, USACE Regulatory Project Manager STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER JAMES H. TROGDON, III GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION 11 801 STATESVILLE HWY NORTH WILKESBORO, NC 28659 Telephone: (336)-903-9129 Fax: (336)-667-4549 Customer Service: 1-877-368-4968 Website: www.ncdot.gov September 27th, 2021 Elizabeth Toombs Tribal Historic Preservation Officer PO BOX 948 Tahlequah, OK 74465 Dear Elizabeth, The North Carolina Department of Transportation is starting the project development, environmental, and engineering studies for the replacement of bridge #5 on SR 1133, Pine Swamp Rd, over Little River, Alleghany County, North Carolina. The US Army Corps of Engineers is the lead agency and a permit is anticipated under the Section 404 process with the USACE. The project vicinity map is attached, and the coordinates are 36.461267, -81.144013. I have also attached the results of a 2021 archaeology survey at this location. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project. Your comments will be used in the preparation of a NEPA/SEPA Environmental Document, in accordance with the State and/or National Environmental Policy Act. Please respond by October 31st, 2021 so that your comments can be used in the project development process. If you have any questions concerning this project, or would like any additional information, please contact me at (336) 903-9129 or email kjhining@ncdot.gov. Sincerely, Kevin Hining Division Environmental Officer- NCDOT, Highway Division 11 Cc: Matt Wilkerson, NCDOT Archaeology Team Lead Cc: Lori Beckwith, USACE Regulatory Project Manager STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER JAMES H. TROGDON, III GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION 11 801 STATESVILLE HWY NORTH WILKESBORO, NC 28659 Telephone: (336)-903-9129 Fax: (336)-667-4549 Customer Service: 1-877-368-4968 Website: www.ncdot.gov September 27th, 2021 Dr. Wenonah Haire Tribal Historic Preservation Officer Catawba Indian Nation 1536 Tom Steven Road Rock Hill, SC 29730 Dear Dr. Haire, The North Carolina Department of Transportation is starting the project development, environmental, and engineering studies for the replacement of bridge #5 on SR 1133, Pine Swamp Rd, over Little River, Alleghany County, North Carolina. The US Army Corps of Engineers is the lead agency and a permit is anticipated under the Section 404 process with the USACE. The project vicinity map is attached, and the coordinates are 36.461267, -81.144013. I have also attached the results of a 2021 archaeology survey at this location. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project. Your comments will be used in the preparation of a NEPA/SEPA Environmental Document, in accordance with the State and/or National Environmental Policy Act. Please respond by October 31st, 2021 so that your comments can be used in the project development process. If you have any questions concerning this project, or would like any additional information, please contact me at (336) 903-9129 or email kjhining@ncdot.gov. Sincerely, Kevin Hining Division Environmental Officer- NCDOT, Highway Division 11 Cc: Matt Wilkerson, NCDOT Archaeology Team Lead Cc: Lori Beckwith, USACE Regulatory Project Manager STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER JAMES H. TROGDON, III GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION 11 801 STATESVILLE HWY NORTH WILKESBORO, NC 28659 Telephone: (336)-903-9129 Fax: (336)-667-4549 Customer Service: 1-877-368-4968 Website: www.ncdot.gov September 27th, 2021 Russell Townsend Tribal Historic Preservation Officer 2077 Governors Island Road Bryson City, NC 28713 Dear Russell, The North Carolina Department of Transportation is starting the project development, environmental, and engineering studies for the replacement of bridge #5 on SR 1133, Pine Swamp Rd, over Little River, Alleghany County, North Carolina. The US Army Corps of Engineers is the lead agency and a permit is anticipated under the Section 404 process with the USACE. The project vicinity map is attached, and the coordinates are 36.461267, -81.144013. I have also attached the results of a 2021 archaeology survey at this location. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project. Your comments will be used in the preparation of a NEPA/SEPA Environmental Document, in accordance with the State and/or National Environmental Policy Act. Please respond by October 31st, 2021, so that your comments can be used in the project development process. If you have any questions concerning this project, or would like any additional information, please contact me at (336) 903-9129 or email kjhining@ncdot.gov. Sincerely, Kevin Hining Division Environmental Officer- NCDOT, Highway Division 11 Cc: Matt Wilkerson, NCDOT Archaeology Team Lead Cc: Lori Beckwith, USACE Regulatory Project Manager