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HomeMy WebLinkAbout20201506 Ver 2_B-4407 Anson Stanly Reverification Attachment Package_20230124Permit Application STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION ENVIRONMENTAL ANALYSIS UNIT 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 Telephone: (919) 707-6000 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 1000 BIRCH RIDGE DRIVE RALEIGH NC 27610 February 11, 2021 U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 ATTN: Ms. Crystal Amschler NCDOT Coordinator Subject: Application for Section 404 Nationwide Permits 13 and 33, and Section 401 Water Quality Certification for the Proposed Replacement of Bridge 70 on US 52 over Rocky River in Anson and Stanly Counties, Division 10, TIP No. B-4407, Debit $570 from WBS 38356.1.2. Dear Madam: The North Carolina Department of Transportation (NCDOT) proposes to replace bridge number 70 on US 52 over Rocky River with a new bridge just east of the existing alignment. Traffic will utilize the existing bridge during construction. As a result of replacing the existing bridge, there will be 10 linear feet of stream bank stabilization at the outlet of a new ditch, and 0.34 acre of temporary stream impacts from causeways and temporary pipes needed for removal of the existing bridge and construction of the new one. Please see enclosed copies of the Pre-Construction Notification (PCN), which includes the following attachments: pre-filing notification documentation, bat survey memo, mussel survey memo, Catawba response letter, Stormwater Management Plan, and Permit Drawings. A Minimum Criteria Determination Checklist (MCDC) was completed in May 2018 and distributed shortly thereafter. This project calls for a letting date of May 18, 2021 and a review date of March 30, 2021. A copy of this permit application and its distribution list will be posted on the NCDOT Website at: http://connect.ncdot.gov/resources/Environmental. If you have any questions or need additional information, please contact Erin Cheely at ekcheely@ncdot.gov or (919) 707-6108. Sincerely, Philip S. Harris III, P.E., C.P.M. Environmental Analysis Unit Head cc: NCDOT Permit Application Standard Distribution List Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 26, 2020 Ver 3.3 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?* This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form. 1c. Has the NWP or GP number been verified by the Corps?* Nationwide Permit (NWP) Number: Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR:* A. Processing Information Anson Stanly 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 B-4407 38356.1.2 (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 33 - Temporary Construction 13 - Bank Stabilization 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 Permit r r- r-r r-r r r- ~ r r r ~ r r r- DWR Division of W.Uer Resources r r Pre-Filing Meeting Information 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?* 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 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 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. ID#Version Pre-fling Meeting or Request Date * Attach documentation of Pre-Filing Meeting Request here:* 9/28/2020 B-4407 401 Pre-Filing Notification (Mass 12 MLL Request) 2020-09-28.pdf 417.96KB 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 NCDOT ekcheely@ncdot.gov (xxx)xxx-xxxx (919)707-6108 Owner Applicant (other than owner) (Check all that apply) Yes No 2a. Name(s) on recorded deed:* 2b. Deed book and page no.: 2c. Responsible party: 2d. Address * NC Department of Transportation (for Corporations) r r- r r- r r- r r- r r- r r- r r- r 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 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:* 2e. Telephone Number:* 2f. Fax Number: 2g. Email Address:* City Raleigh State / Province / Region NC Postal / Zip Code 27699 Country US Street Address 1598 Mail Service Center Address Line 2 (xxx)xxx-xxxx (919)707-6108 (xxx)xxx-xxxx pharris@ncdot.gov C. Project Information and Prior Project History 1. Project Information B-4407: Replace Bridge 70 over Rocky River on US 52 (if appropriate) Norwood 2. Project Identification (tax PIN or parcel ID)(in acres) City State / Province / Region Postal / Zip Code Country Street Address Address Line 2 35.194103 ex: 34.208504 -80.113281 -77.796371 Rocky River C Yadkin-PeeDee 03040105 Surrounding land use is primarily agricultural and forested with some residential areas. !vi !vi !vi 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 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:* 4j. Please upload project drawings for the proposed project. 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: 5d1. Jurisdictional determination upload 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". Yes No Unknown Click the upload button or drag and drop files here to attach document File type must be pdf Click the upload button or drag and drop files here to attach document File type must be pdf 0.04 (intermittent and perennial) 1150 The purpose of the proposed project is to replace a deficient (sufficiency rating 49.12 out of 100) and functionally obsolete bridge. This project is the replacement of Bridge 70 on US 52 over Rocky River. The replacement structure will be a five-span bridge approximately 525 feet long. It will be constructed parallel to and just east of the existing structure. The intersection of SR 1934 (Riverview Road) and US 52 will be shifted further to the east to tie in the realigned roadway. Traffic will be detoured on-site using the existing bridge during construction. Standard road building equipment such as trucks, dozers, and cranes will be used. Click the upload button or drag and drop files here to attach document B-4407 Final Permit Drawings.pdf 1.04MB File type must be pdf Yes No Unknown Of the delineated resources, only Rocky River and 2 tribs are impacted by this project. Preliminary Approved Not Verified Unknown N/A Example: SAW-2017-99999 Jan Gay, Heather Smith, and David Cooper Ecological Engineering Click the upload button or drag and drop files here to attach document File type must be PDF Yes No D. Proposed Impacts Inventory Wetlands Streams-tributaries Buffers Open Waters Pond Construction r r. r r r r r. r r r. C r r r r. r 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 S4 S5 S6 S7 ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 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: Causeway Temporary Workpad/Causeway Rocky River Perennial Both 150 Average (feet) 30 (linear feet) Causeway Temporary Workpad/Causeway Rocky River Perennial Both 150 Average (feet) 30 (linear feet) Temporary Pipe Temporary Dewatering SF Perennial Both 10 Average (feet) 44 (linear feet) Causeway Temporary Workpad/Causeway Rocky River Perennial Both 150 Average (feet) 30 (linear feet) Causeway Temporary Workpad/Causeway Rocky River Perennial Both 150 Average (feet) 30 (linear feet) Bank Stabilization Permanent Bank Stabilization Rocky River Perennial Both 150 Average (feet) 10 (linear feet) Temporary Pipe Temporary Dewatering SH Intermittent Both 2 Average (feet) 40 (linear feet) 0 10 204 214 The 30 linear feet of causeway impacts at sites 2 and 5 overlap with the causeway impacts at site 1 and 4, respectively, resulting in a total of 144 linear feet of overall temporary impacts (0.34 acre). E. Impact Justification and Mitigation The Sediment and Erosion Control Plan for B-4407 has been designed using Design Standards for Sensitive Watersheds (DSSW). The new bridge has fewer spans, and therefore fewer bents in the water. Rip Rap pads were used at pipe outlets throughout the project to reduce water velocities into wetlands and jurisdictional streams. The existing bridge will be used to detour traffic on-site during construction. NCDOT will adhere to Best Management Practices for Construction and Maintenance Activities. Yes No The NCDOT does not propose mitigation for the temporary and bank stabilization impacts associated with this project. These impacts do not require permanent fill in the stream bed, therefore, under Section 404 of the Clean Water Act, do not constitute Loss of Waters of the U.S., and are not subject to compensatory mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) Yes No No buffered resources within project area. DI II I DI II I DI II I □□ r- r r- 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.)* NEPA or SEPA Final Approval Letter 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?* Yes No G. Supplementary Information Yes No Yes No Yes No Click the upload button or drag and drop files here to attach document B-4407 2018-05-30 MCDC.pdf 1.57MB FILE TYPE MUST BE PDF Yes No Yes No Due to the minimal transportation impact resulting from this bridge replacement, this project will neither influence nearby land uses nor stimulate growth. Therefore, a detailed indirect or cumulative effects study will not be necessary. Yes No N/A Yes No Yes No Yes No Unknown Yes No Yes No Yes No Yes No Yes No UnknownJ :) J J :) J :) J :) :) J J :) J :) J J :) :) J J :) J :) J J :) J :) J :) rvi J :J *** 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.?* If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property. 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* Consultation Documentation Upload 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)?* 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* 7c. Historic or Prehistoric Information Upload 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?* 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination?* Comments Miscellaneous attachments not previously requested. Yes No Yes No Click the upload button or drag and drop files here to attach document File must be PDF As of 7/17/20, the United States Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA) list five protected species for Anson County and two protected species for Stanly County. There is no habitat present within the project area for red-cockaded woodpecker, Atlantic sturgeon, or shortnose sturgeon (per Fritz Rohde from NOAA, all records of sturgeon in Anson County are limited to the mainstem of the PeeDee River). Habitat is present for Schweinitz’s sunflower, however surveys of all potential habitat in the project area were conducted in August 2016 and October 2019, and no individuals of this species were observed. The bridge was surveyed for potential habitat for northern long-eared bat in July 2019. While roosting crevices were present on the structure, no evidence of bats was observed. Habitat is present for Carolina heelsplitter, and while none were found in a 2018 survey, the presence of habitat and other mussel species in the area result in a biological conclusion of May Affect, Not Likely to Affect. Documentation of the bat and mussel surveys are attached to this memo. Click the upload button or drag and drop files here to attach document B-4407 SLOPES Memo.pdf 837.17KB B-4407 Mussel Survey Report.pdf 367.24KB File type must be PDF Yes No NMFS County Index Yes No MCDC and Tribal Coordination Click the upload button or drag and drop files here to attach document B-4407 Catawba Response 2020-193-64.pdf 610.91KB File must be PDF Yes No FEMA Maps Miscellaneous Tree clearing acreage is 0.326 acre. D I: . L L I: . L ( . I: . L (: . I: . * · 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 Click the upload button or drag and drop files here to attach document B-4407 Cover Letter.pdf 190.94KB File must be PDF or KMZ Signature By checking the box and signing below, I certify that: Michael Anthony Turchy 2/11/2021 RE: Pre-Filing Notification for Raleigh Let Projects in the 12 MLL Carpenter,Kristi <kristilynn.carpenter@ncdenr.gov> Wed 10/21/2020 5:36 PM To: Dagnino, Carla S <cdagnino@ncdot.gov>; Chapman, Amy <amy.chapman@ncdenr.gov>; Wanucha, Dave <dave.wanucha@ncdenr.gov>; Hood, Donna <donna.hood@ncdenr.gov>; Ridings, Rob <rob.ridings@ncdenr.gov>; Steenhuis, Joanne <joanne.steenhuis@ncdenr.gov>; Ward, Garcy <garcy.ward@ncdenr.gov> Cc: Barrett, William A <wabarrett@ncdot.gov>; Cheely, Erin K <ekcheely@ncdot.gov>; Cashin, Gordon E <gcashin@ncdot.gov>; Rivenbark, Chris <crivenbark@ncdot.gov>; Dilday, Jason L <jldilday@ncdot.gov>; Hemphill, Jeffrey L <jhemphill@ncdot.gov>; Riffey, Deanna <driffey@ncdot.gov>; Turchy, Michael A <maturchy@ncdot.gov>; Murray, Christopher A <camurray@ncdot.gov>; Price, Gregory W <gwprice2@ncdot.gov>; Hining, Kevin J <kjhining@ncdot.gov>; Harris, Philip S <pharris@ncdot.gov> 1 attachments (18 KB) Pre Filing Notification List of Projects from 12 MLL Through Sept 21 to NCDWR (002).xlsx; All, Please see the aached spreadsheet which has added columns with the DWR project and version number for each project listed along a link to each project in Laserfiche. All noficaons are in our system with the original noficaon date of 9/28/2020. Please ulize the added DWR informaon when sending the applicaons for the listed projects. Please contact me if there are any quesons/concerns. Thanks, Kris Lynn Carpenter From: Dagnino, Carla S <cdagnino@ncdot.gov> Sent: Monday, September 28, 2020 12:09 PM To: Chapman, Amy <amy.chapman@ncdenr.gov>; Carpenter,Kris <krislynn.carpenter@ncdenr.gov>; Wanucha, Dave <dave.wanucha@ncdenr.gov>; Hood, Donna <donna.hood@ncdenr.gov>; Ridings, Rob <rob.ridings@ncdenr.gov>; Steenhuis, Joanne <joanne.steenhuis@ncdenr.gov>; Ward, Garcy <garcy.ward@ncdenr.gov> Cc: Barre, William A <wabarre@ncdot.gov>; Cheely, Erin K <ekcheely@ncdot.gov>; Cashin, Gordon E <gcashin@ncdot.gov>; Rivenbark, Chris <crivenbark@ncdot.gov>; Dilday, Jason L <jldilday@ncdot.gov>; Hemphill, Jeffrey L <jhemphill@ncdot.gov>; Riffey, Deanna <driffey@ncdot.gov>; Turchy, Michael A <maturchy@ncdot.gov>; Murray, Christopher A <camurray@ncdot.gov>; Price, Gregory W <gwprice2@ncdot.gov>; Hining, Kevin J <kjhining@ncdot.gov>; Harris, Philip S <pharris@ncdot.gov> Subject: Pre-Filing Noficaon for Raleigh Let Projects in the 12 MLL All, Please see the aached leer and request for the Pre-Filing Noficaon. We are not requesng a meeng for the aached projects and would like this leer and aachment to represent the noficaon in Laser Fiche. If you have any quesons about this, please contact me. Thank you! Carla Carla Dagnino Environmental Coordination and Permitting Group Leader Environmental Analysis Unit NC Department of Transportation 919 707 6110 Office 919 602 9452 Cell cdagnino@ncdot.gov 1598 Mail Service Center Raleigh, NC 27699 -1598 1000 Birch Ridge Drive Raleigh, NC 27610 DWR Rep NCDOT Contact Let Date TIP Let Type Div County Project Description Type of Previous DWR Correspondence DWR # Version #Received Date in SystemLaserfiche Link Wanucha Bill Barrett 09/21/2021 B-5728 Raleigh Letting 7 Alamance REPLACE BRIDGE 112 OVER REEDY FORK CREEK IN OSSIPEE ON NC 87 No Files found in Laserfiche 20201505 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326036&dbid=0&repo=WaterResources Hood Erin Cheely 05/18/2021 B-4407 Raleigh Letting 10 Anson, Stanly BRIDGE 70 OVER ROCKY RIVER ON US 52 No Files found in Laserfiche 20201506 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326038&dbid=0&repo=WaterResources Hood Erin Cheely 03/16/2021 B-5818 Raleigh Letting 10 Anson REPLACE BRIDGE 11 OVER DEADFALL CREEK ON NC 109 No Files found in Laserfiche 20201507 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326055&dbid=0&repo=WaterResources Hood Bill Barrett 07/20/2021 BR-0107 Raleigh Letting 12 Iredell SR 1577 BRIDGE 131 REPLACE BRIDGE 131 OVER TO SNOW CREEK.No Files found in Laserfiche 20201508 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326056&dbid=0&repo=WaterResources Hood Rail Division 08/17/2021 P-5705A Raleigh Letting 10 Mecklenburg CHARLOTTE WYE CONNECTION - RAIL No Files found in Laserfiche 20181692 2 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326025&dbid=0&repo=WaterResources Ridings Chris Murray 02/16/2021 B-5318 DDRL 5 Wake REPLACE BRIDGE 910126 OVER SMITHS CREEK SR 2044 (LIGON MILLROAD) IN WAKE FOREST Laserfiche Files: Scoping Letter 20201509 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326057&dbid=0&repo=WaterResources Steenhuis Gordon Cashin 07/20/2021 B-5624 Raleigh Letting 3 Brunswick BRIDGE 57 OVER JUNIPER CREEK ON NC 211 Laserfiche Files: P/JD Package 20201510 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326058&dbid=0&repo=WaterResources Steenhuis Gordon Cashin 07/20/2021 B-5642 Raleigh Letting 3 Brunswick BRIDGE 65 OVER HOOD CREEK ON NC 87 No Files found in Laserfiche 20201511 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326059&dbid=0&repo=WaterResources Steenhuis Chris Rivenbark 05/18/2021 BR-0017 Raleigh Letting 3 Duplin BRIDGE 300012 ON NC 11 OVER LITTLE ROCKFISH CREEK Laserfiche Files: P/JD Package 20201512 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326060&dbid=0&repo=WaterResources Steenhuis Greg Price 07/20/2021 I-5878 DDRL 6 Harnett I-95 AT US 421 (EXIT 73) AND SR 1793 (POPE ROAD) (EXIT 72).IMPROVE INTERCHANGES. WIDEN TO EIGHT LANES. (COMB W/I-5883 & I- 5986B).No Files found in Laserfiche 20201513 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326061&dbid=0&repo=WaterResources Steenhuis Greg Price 07/20/2021 I-5883 DDRL 6 Harnett I-95 AT SR 1808 (JONESBORO ROAD) (EXIT 75) TO NORTH OF SR 1709 (HODGES CHAPEL ROAD) (EXIT 77). IMPROVE INTERCHANGES. WIDEN TO EIGHT LANES. (COMB W/I-5878 & I-5986B).Laserfiche Files: Scoping Letter and JD Request 20201514 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326062&dbid=0&repo=WaterResources Steenhuis Greg Price 07/20/2021 I-5986B DDRL 6 Harnett, Johnston I-95 FROM SR 1709 (HODGES CHAPEL ROAD - EXIT 77) TO I-40 (EXIT 81). WIDEN TO EIGHT LANES HARNETT/JONSTON COUNTIES. (COMB W/I-5878 & I-5883).No Files found in Laserfiche 20190214 3 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326029&dbid=0&repo=WaterResources Steenhuis Jason Dilday 04/20/2021 R-2561CA DDRL 6 Columbus NC 87 AT NC 11. CONSTRUCT INTERCHANGE.Laserfiche Files: P/JD Package 20201515 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326063&dbid=0&repo=WaterResources Steenhuis Greg Price 04/20/2021 R-5797 DDRL 6 Columbus US 74 AT SR 1506 (BOARDMAN ROAD)Laserfiche Files: P/JD Package 20201516 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326064&dbid=0&repo=WaterResources Wanucha Kevin Hining 07/20/2021 17BP.11.R.15 DDRL 11 Wilkes BRIDGE 419 ON SR 1148 OVER NAKED CREEK.No Files found in Laserfiche 20201517 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326065&dbid=0&repo=WaterResources Wanucha Erin Cheely 06/15/2021 BR-0048 Raleigh Letting 11 Surry BRIDGE 103 ON NC 268 OVER MITCHELL RIVER REPLACE BRIDGE.Laserfiche Files: Start of Study Letter 20201518 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326066&dbid=0&repo=WaterResources Wanucha Jeff Hemphill 07/20/2021 BR-0108 Raleigh Letting 11 Wilkes SR 2418 BRIDGE 4 REPLACE BRIDGE 4 OVER LITTLE HUNTING CREEK. No Files found in Laserfiche 20201519 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326067&dbid=0&repo=WaterResources Ward Jason Dilday 09/21/2021 B-4926 DDRL 2 Lenoir NEUSE RIVER - REPLACE BRIDGE NO. 20 AND 34 OVER NEUSE RIVEROVERFLOW ON NC 55 Laserfiche Files: Previous NW 6 20181733 2 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326028&dbid=0&repo=WaterResources Ward Deanna Riffey 09/21/2021 B-5614 Raleigh Letting 2 Beaufort REPLACE BRIDGE 9 OVER BLOUNTS CREEK ON SR 1112 No Files found in Laserfiche 20201520 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326068&dbid=0&repo=WaterResources Ward Deanna Riffey 05/18/2021 B-5619 Raleigh Letting 2 Lenoir REPLACE BRIDGE 52 OVER NEUSE RIVER AND REPLACE BRIDGE 152 OVER NEUSE RIVER OVERFLOW ON SR 1389 (HARDY BRIDGE ROAD) No Files found in Laserfiche 20201521 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326069&dbid=0&repo=WaterResources Ward Deanna Riffey 09/21/2021 BR-0004 Raleigh Letting 2 Beaufort BRIDGE 060066 ON US 264 OVER PUNGO RIVER No Files found in Laserfiche 20201522 1 9/28/2020 https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=1326070&dbid=0&repo=WaterResources Projects Potentially Requiring Notification per New 401 EPA Rule 12 Month Let List SEPT 2020 - SEPT 2021 (from 36 Month Let List) (Version 2.08; Released April 2018) 38356.1.2 TIP No.:B-4407 County(ies):Stanly Anson Page 1 of 3 TIP Number:Date: Phone:Phone: Email:Email: County(ies): CAMA County? No Design/Future: Year:2040 Existing: Year: Aquatic T&E Species?No Comments: Yes No No Wetlands within Project Limits? None None Supplemental Classification: Undeveloped SG - Rocky River 13-17 2.0 0.55 Miles Project Description Proposed Project Yadkin-Pee DeeRiver Basin(s): City/Town: 2.3 Typical Cross Section Description: Surrounding Land Use: General Project Narrative: (Description of Minimization of Water Quality Impacts) No trpeterson@ncdot.gov Address: Anson No 1/29/2021 StanlyNorwood/Wadesboro, NC Tierre Peterson RALEIGH, NC 27610 WBS Element: Bridge ReplacementWBS Element: Jon Ford, PENCDOT Contact: 919-707-6488 Charlotte, NC 28217 Contractor / Designer: 704-357-0488 1800E Associates Lane North Carolina Department of Transportation Highway Stormwater Program STORMWATER MANAGEMENT PLAN FOR NCDOT PROJECTS Project Type: 1000 BIRCH RIDGE DRIVE Address: General Project Information B-440738356.1.2 Impairments: Other Stream Classification: Primary Classification: Project Built-Upon Area (ac.) B-4407 involves the replacement of the existing bridge 70 on US-52 over Rocky River and 0.65 miles of roadway improvements. The existing typical section is a 2-lane undivided facility consisting of 12-foot travel lanes. The proposed typical section retains the 2-lane facility with a new alignment to allow the construction of the new bridge while maintaining the existing. Jurisdictional features including wetlands and a crossing of Rocky River are present within project limits. The proposed roadway improvements will require ditch realignment and the addition of new drainage systems to convey runoff at the ends of the proposed bridge. Rip Rap pads were used at pipes outlets throughout the project to reduce water velocities into wetlands and jurisdictional streams. The Sediment and Erosion Control Plan for B-4407 has been designed using Design Standards for Sensitive Watersheds (DSSW) criteria for jurisdictional streams flowing into the Yadkin-Pee Dee. DSSW designation requires special procedures to be followed for construction activities within 50' of each designated stream. Post Construction Stormwater Program will be implemented throughout B-4407 to the maximum extent practical. N/ABuffer Rules in Effect:SG None 4100 2-lane undivided Waterbody Information 2020 NCDWR Stream Index No.: NRTR Stream ID: Annual Avg Daily Traffic (veh/hr/day): Existing Site Project Length (lin. miles or feet): ac. Surface Water Body (1): Class CNCDWR Surface Water Classification for Water Body ac. 2-lane undivided 4900 Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissipator Pads Provided in Buffer?N/A Deck Drains Discharge Over Water Body?(If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative)(If yes, provide justification in the General Project Narrative) (Version 2.08; Released April 2018) North Carolina Department of Transportation Highway Stormwater Program STORMWATER MANAGEMENT PLAN FOR NCDOT PROJECTS 38356.1.2 TIP No.:B-4407 County(ies):Stanly Anson Page 2 of 3 Aquatic T&E Species?No Comments: No N/A N/A Aquatic T&E Species?No Comments: No N/A N/A (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative)(If yes, provide justification in the General Project Narrative) Deck Drains Discharge Over Water Body? NCDWR Surface Water Classification for Water Body Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissipator Pads Provided in Buffer?N/A Surface Water Body (3): NRTR Stream ID: Impairments:None Other Stream Classification: None Class C None Primary Classification: SF Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissipator Pads Provided in Buffer?N/A Supplemental Classification: Other Stream Classification: Impairments: None None NRTR Stream ID: Class CPrimary Classification: NCDWR Surface Water Classification for Water Body Supplemental Classification: SH - UT to Rocky River NCDWR Stream Index No.:13-17 13-17 None SF - UT to Rocky River NCDWR Stream Index No.: Additional Waterbody Information Buffer Rules in Effect:N/A SH Buffer Rules in Effect: WBS Element: Surface Water Body (2): (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) Deck Drains Discharge Over Water Body? (If yes, provide justification in the General Project Narrative) (Version 2.08; Released April 2018) 38356.1.2 TIP No.:B-4407 County(ies):Stanly Anson Page 3 of 3 Sheet No. Station & Coordinates (Road and Non Road Projects) Surface Water Body Base Width (ft) Front Slope (H:1) Back Slope (H:1) Drainage Area (ac) Recommended Treatm't Length (ft) Actual Length (ft) Longitudinal Slope (%) Q2 (cfs) V2 (fps) Q10 (cfs) V10 (fps) Rock Checks Used BMP Associated w/ Buffer Rules? Sta. 12+00 -L1- Rt. Sta. 14+50 -L1- Rt. Sta. 14+50-L1- Rt. Sta. 20+00 -L1- Rt. Sta. 20+00 -L1- Rt. Sta. 21+50 -L1- Rt. Sta. 21+50 -L1- Rt. Sta. 23+50 -L1- Rt. Sta. 23+50 -L1- Rt. Sta. 30+57 -L1- Rt. Sta. 37+74 -L1- Rt. Sta. 38+50 -L1- Rt. Sta. 38+50 -L1- Rt. Sta. 39+00 -L1- Rt. Sta. 39+00 -L1- Rt. Sta. 42+50 -L1- Rt. Sta. 42+50 -L1- Rt. Sta. 45+00 -L1- Rt. Sta. 13+50 -L1- Lt. Sta. 14+50 -L1- Lt. Sta. 14+50 -L1- Lt. Sta. 16+00 -L1- Lt. Sta. 16+00 -L1- Lt. Sta. 17+50 -L1- Lt. Sta. 17+50 -L1- Lt. Sta. 22+50 -L1- Lt. Sta. 37+50 -L1- Lt. Sta. 40+00 -L1- Lt. Sta. 40+00 -L1- Lt. Sta. 41+50 -L1- Lt. Sta. 43+00 -L1- Lt. Sta. 44+00 -L1- Lt. North Carolina Department of Transportation Highway Stormwater Program STORMWATER MANAGEMENT PLAN FOR NCDOT PROJECTS Additional Comments No No No No No No No No No No No No No No (1)SG - Rocky River (1)SG - Rocky River (1)SG - Rocky River (1)SG - Rocky River (1)SG - Rocky River (1)SG - Rocky River (1)SG - Rocky River (1)SG - Rocky River (1)SG - Rocky River (1)SG - Rocky River (1)SG - Rocky River (1)SG - Rocky River 10066.0 Swales No No141 19 No No No No No No 4.45% 50 100 150 1.40.0 0.0 0.54.0 1704.0 No0.5 50 0.9 4.10% 150 0.71% 1.17% 0.43% 4.68% 3.99%250 4.22% 200 2.76% 0.0 6.0 4.06.00.0 1.49% 2.77% 1.32.0 6.0 4.0 6.0 5.0 1.3 130 0.0 4.0 250 100 5 1.740.0 6.0 6.0 0.2 6 4 1.0 WBS Element: 4 No550 150 No 0.49% 4.0 2.0 47 6 6.0 0.0 6.0 (1)SG - Rocky River (1)SG - Rocky River (1)SG - Rocky River 87 60.06.0 47 4 6 (1)SG - Rocky River 4.0 0.5 0.5 6.0 76 47 7075 2.0 2.0 2.0 3.1 310 5.81% 1.9 6.0 4 0.90.0 6.0 350 87 0.04 951.0 191 2.48%500 6.0 1.9 5.0 0.0 6.0 4.0 4.0 6 6 4 6.0 6.0 0.0 3.0 250 4.63% 2.0 4.0 298 5.42%4.0 0.0 1.4 186 150 No No No No No No No 6.1 4.7 2.5 5.0 6.9 9.6 2.8 2.8 0.8 2.1 2.4 1.9 2.1 Hand Existing Existing Permanent Temp. Excavation Mechanized Clearing Permanent Temp. Channel Channel Natural Site Station Structure Fill In Fill In in Clearing in SW SW Impacts Impacts Stream No. (From/To) Size / Type Wetlands Wetlands Wetlands in Wetlands Wetlands impacts impacts Permanent Temp. Design (ac) (ac) (ac) (ac) (ac) (ac) (ac) (ft) (ft) (ft) 1 -L- 31+24 / 31+89 RT Causeway 0.07 30 2 -L- 32+75 / 33+50 RT Causeway 0.09 * 3 -L- 33+66 / 33+79 RT Temporary Pipe 44 4 -L- 32+37 / 33+46 LT Causeway 0.10 30 5 -L- 31+28 / 32+37 LT Causeway 0.09 * 6 -L- 30+89 / 31+28 RT Ditch Outlet - Bank Stabilization < 0.01 10 7 -L- 30+42 / 30+74 RT Temporary Pipe 40 TOTALS*: < 0.01 0.34 10 144 0 *Rounded totals are sum of actual impacts NOTES: Revised 2018 Feb SHEET 6 OF 6 * The 30 LF of impacts from these causeways overlap with sites 1 and 4 respectively. Bent 2<.01 Ac of impact Bent 3<.01 Ac of impact WETLAND AND SURACE WATER IMPACTS SUMMARY WETLAND IMPACTS SURFACE WATER IMPACTS STANLY/ANSON B-4407 38356.1.2 NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 1/29/2021 Freshwater Mussel Survey Report Bridge No. 70 over Rocky River on US-52 TIP # B-4407 WBS: 38356.1.2 Anson/Stanly County Line, North Carolina NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Environmental Analysis Unit NCDOT Contact: Matt Haney 919-707-6122; mmhaney@ncdot.gov October 2018 FRESHWATER MUSSEL SURVEY REPORT PROJECT: Protected species survey report for the Carolina Heelsplitter (Lasmigona decorata), Atlantic Pigtoe (Fusconaia masoni), and Brook Floater (Alasmidonta varicosa) for the proposed US-52 bridge replacement over Rocky River within the Yadkin-Pee Dee River Basin on the Anson/Stanly county line. WBS: 38356.1.1, TIP No. B-4407. REPORT BIOLOGISTS: Joseph D. Alderman and John M. Alderman The North Carolina Department of Transportation proposes to replace Bridge No. 70 over Rocky River (Stream Index No. 13-17) on the Anson/Stanly county line (Figures 1 and 2). The Carolina Heelsplitter is federally listed Endangered by the United States Fish & Wildlife Service (USFWS). The Carolina Heelsplitter exists from the Savannah River Basin in South Carolina to the Pee Dee River Basin in North Carolina. The USFWS documents Union County as part of the current Carolina Heelsplitter range. The Carolina Heelsplitter’s preferred habitats include low to higher gradient, stable banked streams with relatively silt free substrates. Coarser substrates, including cobble, boulder, and bedrock, are usually present within an occupied stream reach. The best populations have been found in higher water quality, well-oxygenated streams. In general, woodland dominates the landscape. Carolina Heelsplitter records exist in first order streams up to main channels of large rivers. The Atlantic Pigtoe is a federal At-Risk Species (USFWS) and is a native Southeast Atlantic Slope freshwater mussel species. The USFWS may list this species as endangered or threatened during 2018. The Atlantic Pigtoe has records from the Altamaha River Basin in Georgia to the James River Basin in Virginia. The USFWS documents Union County as part of the current Atlantic Pigtoe range. The Atlantic Pigtoe normally requires clean sand and pea gravel substrates and circumneutral pH water. The highest densities recorded for this species existed in silt free, unconsolidated coarse sand and pea gravel within “run” stream reaches. The best populations have been documented from North Carolina Division of Water Resources Outstanding Resource Waters (ORW) stream reaches or within streams potentially suitable for such designations. The Brook Floater is a federal At-Risk Species (USFWS) and is a native Atlantic Slope freshwater mussel species. The USFWS may list this species as endangered or threatened during 2018. The Brook Floater has records from Canada to the Savannah River Basin in Georgia and South Carolina. The USFWS documents Anson County as part of the current Brook Floater range. The Brook Floater normally requires clean sand and pea gravel substrates and circumneutral pH water. The highest densities recorded for this species existed in silt free, unconsolidated coarse sand and pea gravel within “run” stream reaches. Prior to conducting in-stream surveys, reviews of the April 2018 North Carolina Natural Heritage Program (NCNHP), NC Museum of Natural Sciences, Alderman Environmental Services, Inc. (AES), Philadelphia Academy of Natural Sciences (ANSP), and Ohio State University Museum of Biodiversity databases were conducted to determine if there were any records of rare mussels within the proposed project study area or receiving waters. This review indicated that the closest occurrence of the Carolina Heelsplitter (documented in 2016) is within Goose Creek, a tributary of the Rocky River in Union County (NCNHP). This occurrence is >44 stream miles upstream from the project site. Records from 1998 for the Atlantic Pigtoe exist in Goose Creek in Union County, which is >44 stream miles upstream from the project area (NCNHP). Ohio State University records for the Brook Floater (listed as A. robusta within their database) from 1968 exist within the Rocky River >22 stream miles upstream from the project area. Since past field records for Brook Floater and Carolina Elktoe (A. robusta) have often been confused, we have lumped all records for these species under Brook Floater for this report. The North Carolina Department of Environmental Quality (NCDEQ) records numerous NPDES permits within the Rocky River Subbasin. The closest discharge point is just downstream from the NC-52 bridge crossing. This discharge is a minor point source for the Town of Norwood. The lower Rocky River is a Class C stream, and is on the NCDEQ 303(d) list of impaired streams, due to excessive copper and turbidity. The Pee Dee River is the next major confluence with Rocky River, which is over four stream miles downstream from the project area. No dams exist within the Rocky River between the project site and Goose Creek, a known Carolina Heelsplitter and Atlantic Pigtoe stream. Alderman Environmental Services, Inc. biologists Joseph D. Alderman (USFWS Permit No. TE28597A-1), John M. Alderman (North Carolina Wildlife Resources Commission Permit No. 18-ES00009 and USFWS Permit No. TE065756-3), Logan Williams, and John Fridell (both designated sub-permittees on John Alderman’s NCWRC permit) completed a mussel survey at the site on 19 June 2018 within 100+ meters upstream and 400+ meters downstream from the project stream crossing (Figures 1 and 2). Using visual and tactile searches, 5.5 person-hours were required to complete the survey within this relatively rural area of Anson and Stanly counties. Stream widths were up to 65 meters, and bank height was up to six meters. The river was low and slightly turbid. The surveyed reach canopy was mostly open, and wooded buffers were wide. Silt and sand were the dominant substrates with clay, gravel, pebble, boulder, organics, and mud present. Banks were undercut and eroded in places. There was no evidence of beavers in the surveyed reach. Four species of freshwater mussels were documented: Eastern Elliptio (Elliptio complanata) – 6 live, Creeper (Strophitus undulatus) – 1 shell, Carolina Lance (Elliptio angustata) – 3 live, and Eastern Creekshell (Villosa delumbis) – 1 live, gravid female. Elimia catenaria, a freshwater snail, was observed. The Asian Clam (Corbicula fluminea) was present. Biological Conclusion The Creeper and Eastern Creekshell are close species associates of the Carolina Heelsplitter. Since these species are present within the project area and since there are recent records for the Carolina Heelsplitter within the Rocky River Subbasin, the biological conclusion is “May Affect, Not Likely to Adversely Affect” the Carolina Heelsplitter if adequate erosion and sedimentation control methods are employed during project activities. Since the most recent Atlantic Pigtoe and Brook Floater records from the Rocky River Subbasin are 24 years old and Atlantic Pigtoe and Brook Floater habitat in the project area is limited, the biological conclusion is “No Effect” for these two species. References North Carolina Museum of Natural Sciences. 2017. October 2017 online database search. North Carolina Natural Heritage Program. 2018. April 2018 Database. North Carolina Department of Environmental Quality. 2016. Final 2016 Category 5 Assessments – 303(d) List. Ohio State University Museum of Biodiversity. 2018 online database search. Philadelphia Academy of Natural Sciences. 2015 online database search. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION ENVIRONMENTAL ANALYSIS UNIT 1598 MAIL SERVICE CENTER RALEIGH, NC 27699-1598 Telephone: (919) 707-6000 Fax: (919) 250-4224 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 1000 BIRCH RIDGE DRIVE RALEIGH, NC 27610 DATE: January 26, 2021 TO: Erin Cheely, Environmental Program Consultant Environmental Coordination & Permitting Group Western, EAU FROM: Chris Manley, Environmental Program Consultant Biological Surveys Group, EAU SUBJECT: Section 7 survey results for the northern long-eared bat (Myotis septentrionalis) associated with the replacement of Bridge 70 over Rocky River on US 52 in Anson and Stanly Counties, TIP No. B-4407. The North Carolina Department of Transportation (NCDOT, Division 10) proposes to replace Bridge No. 70 over Rocky River on US 52 in Anson and Stanly Counties, TIP No. B- 4407. The replacement structure will be a five-span (5@105’63”) bridge approximately 525 feet long providing a minimum 32’ clear deck width. The existing structure contains reinforced concrete deck girders, abutments, and bents. The guardrail is also constructed of concrete. The project to replace Bridge No. 70 has been reviewed for effects on the northern long- eared bat (NLEB). As of May 4, 2015, NLEB is listed by the U.S. Fish and Wildlife Service (USFWS) as “Threatened” under the Endangered Species Act of 1973. As of July 17, 2020, NLEB is listed by USFWS (http://www.fws.gov/raleigh/species/cntylist/nc_counties.html) as “probable/potential” in Stanly County. The NLEB is not listed for Anson County. According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most recently updated October 2020, there are no known hibernacula within 25 miles of the project and no known NLEB roost trees occur within 150 feet of the project area . NCDOT has also reviewed the USFWS Asheville Field office website (http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html) for consistency with NHP records. This project is located entirely outside of the red highlighted areas (12- digit HUC) that the USFWS Asheville Field Office has determined to be representative of an area that may require consultation. The closest 12 digit (030501010502) red HUC is approximately 109 miles to the northwest (Johns River) in Avery County. On July 24, 2019, NCDOT biologist assessed Bridge No. 70 for potential NLEB habitat. Suitable roosting crevices were present on the structure, but no evidence (bats, guano, or staining) of bats was observed. Based on the lack of evidence of bats on the bridge, no known roost trees within 150 feet of the project area, and being 109 miles to the closest 12 digit red HUC, NCDOT recommends a Biological Conclusion of NO EFFECT for the NLEB. Final design and environmental impacts information will be provided in the permit application. If you need any additional information, please contact Chris Manley at 919-707-6135. Tribal Coordination Catawba Indian Nation Tribal Historic Preservation Office 1536 Tom Steven Road Rock Hill, South Carolina 29730 Office 803-328-2427 Fax 803-328-5791 January 15, 2020 Attention : David Stutts NC Department of Transportation 1581 Mail Service Center Raleigh, NC 27699 Re . THPO # Project # Project Description 2020-193-64 B-4407 Replacement of Br idge No . 70 on US 52 over Rocky River In Stanly , Anson County Dear Mr. Stutts , The Catawba have no immediate concerns with regard to traditional cultural properties , sacred sites or Native American archaeological sites within the boundaries of the proposed project areas. 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. If you have questions please contact Caitlin Rogers at 803-328-2427 ext . 226, or e-mail caitlinh@ccppcrafts .com . Sincerely , Wenonah G. Haire Tribal Historic Preservation Officer Permit Package B-4407 Permitting Greensheet Page 1 of 2 June 2021 PROJECT COMMITMENTS TIP No. B-4407 Replacement of Bridge 70 over Rocky River on US 52 Anson and Stanly Counties Federal Aid Project No. BRNHS-52(22) WBS Element 38356.3.2 COMMITMENTS FROM PROJECT DEVELOPMENT AND DESIGN NCDOT Division 10 This project involves construction activities on or adjacent to a FEMA-regulated stream(s). Therefore, the Division will submit sealed as-built construction plans to the NCDOT Hydraulics Unit upon completion of project construction, certifying that the drainage structure(s) and roadway embankment that are located within the 100-year floodplain, were built as shown in the construction plans, both horizontally and vertically. NCDOT Hydraulic Design Unit The Hydraulics Unit will coordinate with the NC Floodplain Mapping Program (FMP) to determine the status of the project with regard to applicability of NCDOT’s Memorandum of Agreement, or approval of a Conditional Letter of Map Revision (CLOMR) and subsequent final Letter of Map Revision (LOMR). Coordination resulted in approval on October 16, 2019 for the FEMA NFIP (National Flood Insurance Program) under NCDOT’s MOA with the FMP. This commitment is still valid. NCDOT Project Management Unit, Roadway Design, Division 10 Construction NCDOT PMU and Roadway Design Unit will continue to coordinate with the Carolina Thread Trail, to accommodate the proposed trail, blue-way, and parking area, during the final design phase. Since the completion of the NEPA Document, a parking area has been established with river access via wooden stairs leading down to the Rocky River. This project will avoid impacts to this facility. Division 10 Construction A historical marker is located in the northeast quadrant of the existing bridge. Coordination with the North Carolina Department of Cultural Resources (NCDCR) will need to take place, to ensure proper handling and replacement of the historical marker. Sheet 6 of the Roadway Plans indicate: "Relocate historical marker 1' outside of left proposed paved shoulder." B-4407 Permitting Greensheet Page 2 of 2 June 2021 NCDOT Environmental Analysis Unit, NCDOT Div. 10 Construction During the course of the archaeological survey, one previously recorded archaeological site was identified (31AN12/134). The core area of site 31AN12/134, described as the “midden” within the upper terrace, is eligible for listing in the National Register of Historic Places (NRHP) under Criterion D, for its information potential. It was recommended that this portion of site 31AN12/134 be avoided. However, if ground disturbing activities are scheduled to take place in this area, then archaeological data recovery investigations will be necessary to mitigate the adverse impacts. In addition, archaeological monitoring of any ground disturbing activities that may impact portions of site 31AN12/134 that lie outside of the NRHP recommended portion of the site was recommended. The following specifications will be included in the construction plans, and NCDOT will be responsible for ensuring that the contractor adheres to these commitments during the construction phase of the project: ·The contractor will contact Matt Wilkerson at (919) 707-6089 or mtwilkerson@ncdot.gov, when ground-disturbing activities are anticipated on the south side of the Rocky River, in locations designated from "Station 14+20 to Station 34+30" on the contract plans. ·The contractor will provide 72 hours-notice to Mr. Wilkerson, prior to ground-disturbing activities that take place on the south side of the Rocky River, in the locations designated from "Station 14+20 to Station 34+30" on the contract plans. The 72-hour period will begin upon acknowledgment by Mr. Wilkerson that they have received the contact from the contractor. ·Mr. Wilkerson or his designate, will be on-site during the ground disturbing activities that take place on the south side of the Rocky River, to monitor the activities within the locations designated from "Station 14+20 to Station 34+30". Monitoring activities may include: Cleaning and photographing areas exposed during construction, mapping both plan and profile views of open trenches, as well as collecting materials or artifacts exposed during construction. Mr. Wilkerson or his designate, will have the authority to halt all construction work in the monitored location(s) to assess the need for further archaeological excavations. NCDOT Division 10, Roadside Environmental Unit NCDOT will adhere to Design Standards in Sensitive Watersheds (DSSW), as the Rocky River is listed in the 2018 Final 303(d) list of impaired waters due to turbidity COMMITMENTS FROM PERMITTING No additional commitments have been developed during project permitting. DocuSign Envelope ID: 49FDF308-10A0-4783-9DA5-52F82A0876CE ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality March 31, 2021 Stanly & Anson Counties NCDWR Project No . 2020 l 506v. l Replace Bridge 70 on US 52 State Project No . B-4407 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Philip S. Harris, III, P.E., CPM Environmental Analysis Unit Head 1598 Mail Service Center Raleigh, NC 27699-1598 Dear Mr. Harris: You have our approval , in accordance with the conditions listed below, for the following impacts for the purpose of replacing bridge 70 on US 52 (B-4407) in Stanly and Anson Counties : Stream Impacts in the Yadkin-PeeDee River Basin Temporary Permanent Temporary Bank Fill in Fill in Fill in Total Stream Stream Impacts Site Stabili:ration Intermittent Perennial Perennial Impact Requiring (linear ft) Stream Stream Stream (linear ft) Mitigation (linear ft) (linear ft) (linear ft) (linear ft) 1 causeway (Anson Co) 30 30 2 causeway (Stanly Co) 30 30 3 pipe (Stanly Co) 44 44 4 causeway (Stanly Co) 30 30 5 causeway (Anson Co) 30 30 6 (Anson Co) SW outlet 10 10 7 pipe (Anson Co) 40 40 8 (Anson & Stanly Co) 60 60 TOTAL 70 40 0 164 274 Total Temporary Stream Impact for Project: 144 linear feet. (several impacts overlap) Total Permanent Stream Impacts: 70 linear feet The project shall be constructed in accordance with your application dated received February 12 , 2021 and the email received from NC DOT ECAP on March 31, 2021. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4134 and 4141. This certification corresponds to the Nationwide Permit 13 and Nationwide Permit 33 issued by the Corps of Engineers. 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 accompanying 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 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699 -1617 919.707.9000 0 0 0 0 0 0 0 0 0 Doc uSi gn Enve lop e ID : 49 FDF 308-10A0-4 783-9DA5-5 2 F82 A0 876 CE 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. 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) 2. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be accomplished in strict compliance with the most recent version ofNCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b )(5)] 3 . Bridge deck drains shall not discharge directly into the stream . Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales , pre-formed scour holes, vegetated buffers, etc.) before entering the stream. To meet the requirements ofNCDOT's NPDES permit NCS000250 [delete if non-DOT project], please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 4. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)] 5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3) 6 . A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the stream bank, or within 5 feet of the top of bank, or during the removal of bents from an old bridge. This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H .0506(b )(3) 7 . All bridge construction shall be performed from the existing bridge , temporary work bridges, temporary causeways, or floating or sunken barges . If work conditions require barges, they shall be floated into position and then sunk . The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H .0506(b )(3) 8. General Conditions 1. Unless otherwise approved in this certification, 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 ifrequested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for Doc uSi gn Enve lop e ID : 49 FDF 308-10A0-4 783-9DA5-5 2 F82 A0 876 CE guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 2 . 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] 3. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 4. 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)] 5. 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)] 6. 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)] 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version ofNCDOT Construction and Maintenance Activities manual such as sandbags , rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC 02H.0506(b )(3)] 9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] 10. 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)] 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b )(3)] 12. 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] 13. 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)] 14. 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 Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b )(2) and ( c )(2)] Doc uSi gn Enve lop e ID : 49 FDF 308-10A0-4 783-9DA5-5 2 F82 A0 876 CE 15. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing 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] 16 . 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 . 17. 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)] 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer 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)] 19. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) 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 02B.023l(b)(6)] 20. 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.[l 5A NCAC 02H.0506(b )(3) and ( c)(3)] 21. 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. 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [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 ofreceipt 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. Doc uSi gn Enve lop e ID : 49 FDF 308-10A0-4 783-9DA5-5 2 F82 A0 876 CE The petition may be faxed-provided 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 Donna Hood at (704) 235-2193 or donna .hood@ncdenr.gov . Electronic copy only distribution : Eric Alsmeyer, US Army Corps of Engineers , Raleigh Field Office Joel Howard , Division 10 Environmental Officer Michael Turchy, NC Department of Transportation Holland Youngman, US Fish and Wildlife Service Lauren Wilson , US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Sincerely, ~Doc uSigned by: C :!31~ S. Darnel Smith, Director Division of Water Resources Donna Hood, NC Division of Water Resources Mooresville Regional Office File Copy Doc uSi gn Enve lop e ID : 49 FDF 308-10A0-4 783-9DA5-5 2 F82 A0 876 CE ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH NO RTH CAROLINA Director Environmental Quality NCDWR Project No.: _________ County: Applicant: _____________________________ _ Project Name: Date oflssuance 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. Date : Signature : --------------------------------- 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. Date: Signature: --------------------------------- 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 ----------- No r th Carolina Department of Environmental Quality I Division o f Wa ter Res ources 51 2 Nort h Sa lisb ury Street I 1617 Ma il Service Cente r I Ral eigh, Nor t h Carolin a 276 99 -1617 91 9.707.9 0 0 0 USFWS IPaC Resource List