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HomeMy WebLinkAbout20201506 Ver 2_401 Application_20230124Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID#* Version* 2 20201506 Is this project a public transportation project?* Yes No Is this a DOT Yes No project?* Reviewer List: * Amy Chapman:eads\aschapman:Amy.Chapman@ncdenr.gov Select Reviewing Office: * Mooresville Regional Office - (704) 663-1699 Does this project require a request for payment to be sent?* Yes No Project Submittal Form 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. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 4/5/2021 Project Contact Information Name: Erin Cheely Who is submitting the information? Email Address: ekcheely@ncdot.gov Project Information Existing ID #: Existing Version: 20201506 1 20170001(no dashes) 1 Project Name: B-4407 - Replacement of Bridge 70 on US 52 over Rocky River Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown TIP#: WBS#: B-4407 38356.1.2 (Applies to DOT projects only) County (ies) Anson Stanly Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document B-4407 Anson Stanly Reverification Attachment 6.57MB Package.pdf Only pdf or kmz files are accepted. Describe the attachments or comments: Reverification of this project is requested as the previously issued Nationwide Permits will expire and construction is not anticipated to be complete by the expiration. The previously issued 401 Permit and Application Package are attached (at the time of the original permit application, this project fell under a non -notifying NW 13/33 on the 404 side). There have been no changes to design or impacts since the previously issued permits and the plans submitted with the original application package remain accurate and valid. As of January 12, 2023, IPaC identifies Carolina heelsplitter, Atlantic Pigtoe, red -cockaded woodpecker, and Schweinitz's sunflower within the project area (IPaC resource list attached), and tricolored bat is listed as Proposed. Red -cockaded woodpecker: No habitat exists for red -cockaded woodpecker within the project area. Schweinitz's sunflower: Potential habitat that previously existed for Schweinitz's sunflower has since been cleared. No additional clearing will occur with this project. Carolina heelsplitter: Based on USFWS guidance (dated 3/1/2022) since the project is outside of six -mile, Goose, Waxhaw, or Duck Creek drainages, surveys were not required, and Biological Conclusion was No Effect.' Atlantic pigtoe: Though the Atlantic pigtoe was not listed at the time, the NCDOT 2018 survey addressed this species and recommended a No Effect biological conclusion.* 'NCDOT survey protocols have been updated since the permitting of this project. The biological conclusion would now be "May Affect, Not Likely to Adversely Affect" (MANLAA) for both species of listed mussels due to the presence of suitable habitat, even though no species were found. NCDOT is adhering to Design Standards in Sensitive Watershed for this project for erosion control and water quality. Per conversation with USFWS on 1/23/23, MANLAA is the appropriate biological conclusion based on previous surveys. Due to the expiration date of the permits, expedited informal concurrence will need to be requested during permit renewal. A follow- up mussel survey will be conducted late-winter/spring of 2023, but is not required for concurrence. There have been no changes to Archaeology and Historic Properties since the previously issued permits. The project was coordinated with the appropriate federally listed tribes prior to previous permit issuance, and the list of federally listed tribes has not changed for Anson or Stanly County. NCDOT is hereby requesting reverification under RGP 50. Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: Submittal Date: 1/24/2023 Is filled in automatically.