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HomeMy WebLinkAboutR2577ABC_IP_Document_02.28.2023 cover letterRoy COOPER GOVERNOR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION February 28, 2023 Eric Alsmeyer U.S. Army Corps of Engineers Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 eric.c.alsmeyer@usace.army.mil SUBJECT: Application for an Individual Section 404 and Quality Certification Version 2 for the proposed from the 4-lane roadway north of I-40 in Forsyth Guilford County (TIP No. R-2577ABC), Divisions from WBS 37405.1.1 Dear Mr. Alsmeyer, J. ERIC BOYETTE SECRETARY Section 401 Water widening of US 158 County to US 220 in 7 and 9. Debit $570 This revised permit application replaces the previous application submitted on January 27th 2023. This revised application incorporates revisions resulting in additional impacts at Permit Site 6 (A through D). These revisions affected multiple sections and tables throughout the previous application which have been updated with this submittal. The North Carolina Department of Transportation (NCDOT) proposes to improve US 158 (Reidsville Road) from the four -lane roadway north of US 421/I-40 Business in Winston-Salem (Forsyth County) to US 220 (I-73) in Stokesdale (Guilford County) for a total length of approximately 18.8 miles. The project proposes to widen the existing two- lane, two-way roadway to a multi -lane, median -divided facility, including a new -location section to bypass the existing US 158 alignment in Stokesdale. R-2577 is divided into three sections labeled A, B and C. This is an application for a phased project. Enclosed you will find the project map for locations of all sections in this phased application. Please see the enclosed ENG 4345 for all project sections. For sections going to LET within five years, see the attached North Carolina Division of Mitigation Services (NCDMS) acceptance letter for R-2577A and the attached Stream Mitigation Summary for that section. Please see the attached meeting Mailing Address: Telephone: (336) 747-7800 Location: NC DEPARTMENT OF TRANSPORTATION Fax: (336) 761-2004 375 SILAS CREEK PARKWAY DIVISION 9 Customer Service: 1-877-368-4968 WINSTON SALEM, 27127 375 SILAS CREEK PARKWAY WINSTON SALEM, 27127 Website: www.nedot.gov minutes for Concurrence Points 4B and 4C, State Stormwater Management Plans (SMP), final permit drawings for section R-2577A, and final roadway design plans for R-2577A. Also, attached are the preliminary impact maps for all sections in the preliminary design stage (R-2577B & Q. See Tables 1, 2, and 3 for summary of impacts. See Table 4 for descriptions of section limits. Table 1. Summary of Water Resources Impacted Section Design Stage Proposed Let Total # Wetlands Impacted Total # Streams Im acted R-2577A Final December 2023 2 7 R-2577B Preliminary Post Year 9 10 R-2577C Preliminary Post Year 13 13 Totals 24 30 Table 2. Summary of Wetland Impacts Section Design Stage Wetland Impact Area (ac) Impacts Requiring Mitigation ac R-2577A Final 0.06 0.06 R-2577B Preliminary* 0.32 0.32 R-2577C Preliminary* 1.36 1.36 Total 1.74 1.72 *Preliminary impacts were determined by measuring 25' outside of preliminary slope stake lines, and all impacts are assumed to require mitigation. Table 3. Summary of Stream Impacts Stream Impact Impacts Section Design Stage Length (if) DWR USACE Requiring Mitigation (If) R-2577A Final 1,632 331 1,632 1,202 R-2577B Preliminary* 2,210 146 2,210 2,210 R-2577C Preliminary* 4,179 1 850 4,179 4,179 Total 8,021 1 1,327 8,021 7,591 *Preliminary impacts were determined by measuring 25' outside of preliminary slope stake lines, and all impacts are assumed to require mitigation. Purpose and Need: The purpose of the project is to improve the traffic carrying capacity and level of service (LOS) along US 158 within the project limits. The project is needed to correct existing transportation deficiencies along this section of US 158 that cause additional travel delays, increase the potential for accidents, and contribute to the inefficient operation of motor vehicles. Alternatives Considered: Sections A and B were divided into a total of seven widening option segments. Three widening options were considered for each segment: northern widening, southern widening, and transitional "best -fit" widening. The alternatives examined by the Merger Team are further detailed in the State EA-FONSI attached. The Merger Team, consisting of federal, state, and local resource and permitting agency representatives, narrowed these R-2577ABC Phased Individual Permit Page 2 of 19 options down to a single, preferred widening option for each of the seven segments. In Section C, six new -location alternatives and one improve -existing alternative were originally considered in the vicinity of Stokesdale. Two of the new -location alternatives were carried forward for detailed study. These bypass alternatives were Alternative 2, a southern bypass of the Stokesdale town center, and Alternative 3, a northern bypass of the Stokesdale town center. NCDOT LEDPA/Selected Alternative: NCDOT and the Merger Team concurred on the Least Environmentally Damaging Practicable Alternative (LEDPA) as a combination of northern and transitional widening options in Sections A and B. NCDOT and the Merger Team selected Alternative 3, the northern bypass, for Section C. Summary of Jurisdictional Impacts: The preliminary proposed impacts for the overall project (TIP Nos. R-2577ABC) will be approximately 1.72 acres of permanent wetland impacts and 7,591 linear feet of permanent stream impacts. A total of the individual water resources impacted by each section can be found in Table 1. Reference Tables 2 and 3 for a breakdown of impacts by section. The impacts reported in this Individual Permit Application for R-2577 Section A are based on final design plans. The proposed impacts for the remaining project sections were determined by offsetting preliminary slope stake lines outward 25 feet on both sides of the alignment and counting impacts to all jurisdictional features within the resulting area. As the final design is completed for each of the remaining sections, impacts will be updated, and permit modification requests will be submitted, as necessary. Summary of Utility Impacts: There will be no impacts associated with utility relocations for R-2577A. For sections B and C, the utility relocations will be determined during final design. Summary of Mitigation: - The project has been designed to avoid and minimize impacts to jurisdictional areas throughout the State Environmental Policy Act (SEPA) and design processes. However, project impacts will necessitate compensatory mitigation for the unavoidable impacts. Mitigation for R-2577A (final design) has been approved by the Division of Mitigation Services (DMS) for impacts to wetlands and streams. Additional mitigation for stream impacts for R-2577A has been debited from Brushy Mountain Mitigation Site and Little Peters Creek Mitigation Site. See Tables 2 and 3 for a summary of impacts and Table 12 for a summary of proposed mitigation. These mitigable impacts include 7,591 linear feet of permanent stream impact and 1.72 acres of permanent wetland impact. It has been determined that onsite mitigation is not an option for this project. R-2577B and R-2577C are due to let post year, therefore no mitigation is proposed for these sections at this time. R-2577ABC Phased Individual Permit Page 3 of 19 SEPA DOCUMENT STATUS A State Environmental Assessment Finding of No Significant Impact (State EA-FONSI) was approved for this project on December 13, 2018. In compliance with the SEPA/404 Merger Process, Concurrence Point 4B and 4C were reached for R-2577A on June 12, 2019, and November 20, 2019, respectively. PROJECT SCHEDULE The project will be permitted in phases due to project size, funding and STIP schedule. Table 4 describes the proposed project sections and phasing. Permit modification requests will be submitted as the final design is completed for each of the remaining sections according to the phasing dates provided in Table 4. Table 4. Proiect Phasing for the Widening of US 158 Section Approximate Section Limits Approximate Construction Length (mi) Letting R-2577A Begins at Old Greensboro Road in Winston- Salem and extends to Belews Creek Road 5.6 March 2024 SR 1965 in Forsyth County R-2577B Begins at Belews Creek Road (SR 1965) in Forsyth County and extends to Anthony 7.1 Post Year Road SR 2034 in Guilford Count R-2577C Begins at Anthony Road (SR 2034) in Guilford County and extends to the junction of US 158 and US 220 (I-73) in Stokesdale, 6.1 Post Year including a new location bypass section of existingUS 158 through Stokesdale INDEPENDENT UTILITY The subject project has characteristics of independent utility: (1) The project connects logical termini and environmental matters on a broad scope, (2) The project is usable and a reasonable transportation improvements are made in the area; (3) The project does not restrict consideration foreseeable transportation improvements. is of sufficient length to address expenditure, even if no additional of alternatives for other reasonably RESOURCESTATUS Waters within the project area are located in the Cape Fear River Basin (HUC 03030002), Roanoke River Basin (HUC 03010103) and Yadkin River Basin (HUC 03040101). There are six (6) named streams (see Table 5 — Project Area Streams) and their associated unnamed tributaries within the project limits. There are no Outstanding Resource Waters (ORW), High Quality Waters (HQW), Water Supply Waters (WS-I or WS-II) waters within 1.0 mile of the project area. R-2577ABC Phased Individual Permit Page 4 of 19 Jurisdictional Determination: An updated Preliminary Jurisdictional Determination (PJD) was obtained from Nicole Braspennickx (USACE) on November 26, 2018, for R-2577 - Sections A, B and C. John Thomas (USACE) and Amy Euliss (NCDWR) attended the field visits on January 10, 2012 and February 1, 2012. Jurisdictional calls for an updated PJD for the R-2577 project were obtained on November 26, 2018. 303(d) Impaired Waters: No streams are listed for turbidity or sediment on the North Carolina 2022 Final 303(d) list of impaired waters. Table 5. Project Area Streams Stream Name Stream Index Best Usage Class Description Number Cape Fear River Basin HUC 03030002 From source to Troublesome Creek 16-6-(0.3) WS-III, NSW Rockingham County SR 2423 Roanoke River Basin HUC 03010103 From source to East Kings Creek 22-27-8-3 B Belews Creek Arm of Belews Lake From Town of Kernersville Water Belews Creek 22-27-(2) C Supply Dam to Forsyth County SR 1966 Extension Left Fork Belews 22-27-5 C From source to Creek Belews Creek Yadkin River Basin HUC 03040101 Martin Mill Creek 12-94-12-3-1 WS-III From source to Lowery Mill Creek From source to a Lowery Mill Creek 12-94-12-3-(0.5) WS-III point 0.6 mile upstream of mouth IMPACTS TO WATERS OF THE U.S. Tables 6, 7 and 8 summarize the impacts to jurisdictional water resources for the final design of R-2577A. Site numbers correspond with the permit (hydraulic) drawings included in this application. The stream and wetland numbers correspond to the NRTR. A brief description of each impact site will follow the tables. R-2577ABC Phased Individual Permit Page 5 of 19 Table 6. R-2577A Wetland Impacts within the Yadkin Basin (03040101) Permanent Mechanized Impacts Permit Wetland Wetland Fill in Excavation Clearing Requiring Site ID Size (ac) Wetlands 1 (ac) Mitigation',' (ac) 5B WHP 1 0.09 0.02 <0.01 0.02 0.04 5C WHQ 1 0.02 0.02 -- -- 0.02 Total Impacts 0.04 <0.01 0.02 0.06 1 Impacts less than 0.005 are rounded down for totals 2Mitigation will be provided by DMS Table 7. R-2577A Stream Impacts within the Yadkin Basin (03040101) Impacts Impacts Permit Stream Stream Impact Type Permanent Temporary Requiring USACE Requiring NCDWR Site Name (P/I)* ID Impact (If) Impact (If) Mitigation Mitigation (if) (if) UT to Channel IA Lowery Mill SFC Armoring 25 22 25 -- Creek (P) UT to Perm. Fill 1 B Lowery Mill SFC (72" RCP) 84 -- 84 -- Creek (P) UT to I Lowery Mill SFC Perm. Fill 58 -- 58 -- Creek (P) UT to Perm. Fill ID Lowery Mill SFC (72" RCP) 77 __ 77 Creek P UT to Channel 1 E Lowery Mill SFC Armoring 24 22 24 -- Creek (P) UT to Bank 2A Lowery Mill SFB Stabilization 13 14 -- -- Creek (P) UT to Channel 2B Lowery Mill SFB Armoring 20 -- 20 -- Creek (P) UT to Perm Fill 2C Lowery Mill SFB (6'X6' 81 -- 81 -- Creek (P) RCBC) UT to Perm Fill 2D Lowery Mill SFB (6'X6' 86 -- 86 -- Creek P RCBC UT to Channel 2E Lowery Mill SFB Armoring 15 26 15 -- Creek (P) R-2577ABC Phased Individual Permit Page 6 of 19 Table 7. Continued Impacts Impacts Permit Stream Name Stream Permanent Temporar Requiring Requiring Site (P/I) ID Impact Type Impact (If) y Impact USACE NCDWR (if) Mitigatio Mitigation n 1 1 3A UT to Lowery SFA Channel 29 9 29 -- Mill Creek (I) Armoring 3B UT to Lowery SFA Perm. Fill (60" 30 -- 30 -- Mill Creek (I) RCP) 3C UT to Lowery SFA Perm Fill (60" 27 - 27 - Mill Creek I RCP 3D UT to Lowery SFA Bank 63 -- -- Mill Creek I Stabilization 4A Lowery Mill SEW Bank 114 -- -- -- Creek P Stabilization 413 Lowery Mill SEW Bank 88 - - - Creek P Stabilization UT to Martin Perm. Fill/ 5A Mill Creek (P) SET Channel 331 14 331 331 Change 6A Martin Mill SES Channel 24 6 24 -- Creek (P) Armoring Martin Mill Perm. Fill 6B Creek (P) SES (5'X5' RCBC) 26 -- 26 upstream Martin Mill Perm. Fill 6C Creek (P) SES (5'X5' RCBC) 56 -- 56 -- downstream 6D Martin Mill SES Channel 31 10 31 -- Creek P Armoring Total Temporary Impacts -- 123 Total Permanent Impacts (Including Bank 1302 Stabilization): Bank Stabilization Impacts: 1 278 Total Impacts Requiring Mitigation: 1 1,024 if** *P = Perennial; I = Intermittent 1/ - Stream ID corresponds to R-2577ABC PJD labeling; 2/ - USACE stream mitigation is typically at a ratio of 2:1; 3/ Impacts to SFA are proposed at a ratio of 1:1 due to a rating of Low on NCSAM for 861f of permanent impact ** - Final mitigation requirement will be determined by USACE and DWR. Mitigation for stream impacts of 1,024 If is offered with 86 if at 1:1 ratio & 938 if at 2:1 ratio from Brushy Mountain mitigation site. R-2577ABC Phased Individual Permit Page 7 of 19 Table 8. R-2577A Stream Impacts within the Roanoke Basin (03010103) Impacts Impacts Permit Stream Stream Permanent Temporary Requiring Requiring Site Name ID Impact Type Impact (If) Impact (If) USACE USACE NCDWR (P/n* Mitigation 1 1 Left Fork Perm Fill (48" 7A Belews SEL 178 -- 178 -- Creek I RCP) Left Fork Belews Bank 7B Creek (I & SEL Stabilization 16 13 -- -- P Total Temporary Impacts -- 13 Total Permanent Impacts (Including Bank Stabilization): 194 Bank Stabilization Impacts: 1 16 Total Impacts Requiring Mitigation: 1 178 If** *P = Perennial; I = Intermittent 1/ - Stream ID corresponds to R-2577ABC PJD labeling; 2/ - USACE stream mitigation is typically at a ratio of 2:1; ** - Final mitigation requirement will be determined by USACE and DWR. Mitigation for stream impacts of 178 if is offered with at 2:1 ratio with 47.5 if from DMS and 130.5 if from Little Peters Creek mitigation site. Permit Site IA: There will be 47 if of impacts to Stream SFC, 22 if will be temporary and 25 if will be permanent. The impacts are the result of armoring the channel to achieve post construction stability. Permit Site 1B: There will be 84 if of permanent impacts to Stream SFC. The impacts are the result of the installation of an inlet structure and 72-inch reinforced concrete pipe (RCP), and roadway fill. Permit Site 1C: There will be 58 if of permanent impacts to Stream SFC. The impacts are the result of roadway fill. Permit Site 11): There will be 77 if of permanent impacts to Stream SFC. The impacts are the result of the installation of an outlet structure and 72-inch RCP, and roadway fill. Permit Site IE: There will be 46 if of impacts to Stream SFC, 22 if will be temporary and 24 if will be permanent. The impacts are the result of armoring the channel to achieve post -construction stability. Permit Site 2A: There will be 27 if of impacts to Stream SFB, 14 if will be temporary and 13 if will be permanent. The impacts are the result of bank stabilization to achieve post -construction stability. Permit Site 2B: There will be 20 if of permanent impacts to Stream SFB. The impacts are the result of armoring the channel bed and bank to achieve post -construction stability. R-2577ABC Phased Individual Permit Page 8 of 19 Permit Site 2C: There will be 81 if of permanent impacts to Stream SFB. The impacts are the result of the upstream extension of an inlet structure for a 6-foot by 6-foot reinforced concrete box culvert (RCBC). Permit Site 2D: There will be 86 if of permanent impacts to Stream SFB. The impacts are the result of the downstream extension of an inlet structure for a 6-foot by 6-foot reinforced concrete box culvert (RCBC). Permit Site 2E: There will be 41 if of impacts to Stream SFB, 26 if will be temporary and 15 if will be permanent. The impacts are the result of armoring channel bed and bank to achieve post -construction stability. Permit Site 3A: There will be 38 if of impacts to Stream SFA, 91f will be temporary and 29 if will be permanent. The impacts are the result of armoring the channel to achieve post -construction stability. Permit Site 3B: There will be 30 if of permanent impacts to Stream SFA. The impacts are the result of the installation of an inlet structure, 60-inch RCP, and roadway fill. Permit Site 3C: There will be 27 if of permanent impacts to Stream SFA. The impacts are the result of the installation of an inlet structure, 60-inch RCP, and roadway fill. Permit Site 3D: There will be 63 if of permanent impacts to Stream SFA. The impacts are the result of bank stabilization associated with the 60-inch RCP. Permit Site 4A: There will be 114 if of permanent impacts to Stream SEW. The impacts are the result of upstream bank stabilization associated with a new dual bridge replacing an existing 3-barrel RCBC. Permit Site 4B: There will be 88 if of permanent impacts to Stream SEW. The impacts are the result of downstream bank stabilization associated with a new dual bridge replacing an existing 3-barrel RCBC. The rip rap channel is not part of the impacts at this site. It was previously impacted by the culvert. Permit Site 5A: There will be 345 if of impacts to Stream SET, 14 if will be temporary and 331 if will be permanent. The impacts are to the perennial section of SET due to roadway fill and channel change. Permit Site 5B: There will be a 0.02-ac permanent impact to Wetland WHP. This impact involves <0.01 ac of excavation in the wetland and 0.02 ac of mechanized clearing in the wetland. The impacts are the result of roadway fill and channel change. Permit Site 5C: There will be a 0.02-ac (total take) impact to Wetland WHQ. This impact does not involve wetland excavation or mechanized clearing in the wetland. The impacts are the result of roadway fill and channel change. R-2577ABC Phased Individual Permit Page 9 of 19 Permit Site 6A: There will be 30 if of impacts to Martin Mill Creek (SES), 6 if will be temporary and 24 if will be permanent. The impacts are the result of armoring the channel to achieve post -construction stability. Permit Site 6B: There will be 26 if of permanent impacts to Martin Mill Creek (SES). The impacts are the result of the extension of an inlet structure for a 5-foot by 5-foot reinforced concrete box culvert (RCBC), and installation of a trenchless 48" supplemental pipe. Permit Site 6C: There will be 56 if of permanent impacts to Martin Mill Creek (SES). The impacts are the result of the extension of an outlet structure and 5-foot by 5-foot RCBC, and installation of a trenchless 48" supplemental pipe. Permit Site 61): There will be 41 if of impacts to Martin Mill Creek (SES), 10 if will be temporary and 31 if will be permanent. The impacts are the result of armoring the channel to achieve post -construction stability. Permit Site 7A: There will be 178 if of permanent impacts to the intermittent portion Stream SEL. The impacts are the result of roadway fill and the installation of a 48" reinforced concrete pipe. Permit Site 7B: There will be 29 if of impacts to the intermittent and perennial portions of SEL, 13 if will be temporary and 161f will be permanent. The impacts are the result of bank stabilization to achieve post -construction stability. Pipe Burial Table 9 includes all cross pipes in jurisdictional streams and proposed burial depth of their inverts. Table 9. Pine Invert Burial Denth in Jurisdictional Streams for R-2577A Impact Pipe Invert Burial Pipe Location Size & Material Site Depth (feet) -Y9- 15+16 / -L- 101+02 72" Welded Steel 1 0.0 -L- 107+57 6' X 6' RCBC Extension 2 0.0 -Y 14- 13+31 60" RCP 3 0.0 5' X 5' RCBC Extension -L2- 229+00 / 48" Welded Steel 6 0.0 -L- 298+04 LT 48" RCP 7 0.0 CONSTRUCTION MORATORIUM There are no construction moratoria for this project. R-2577ABC Phased Individual Permit Page 10 of 19 FEDERALLY PROTECTED SPECIES Plants and animals with Federal classification of Endangered (E) or Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of October 31, 2022, the USFWS lists five federally protected species for the study area. (Table 10). The U.S. Army Corps of Engineers conducted an informal consultation with the U.S. Fish and Wildlife Service and received concurrence with May Affect Not Likely to Adversely Affect determination for Roanoke logperch on October l It", 2022. Summary of Species with Habitat: Table 10 — ESA federally protected species within the study area* Scientific Name Common Federal Habitat Biological Survey Date Name Status Present Conclusion Glyptemys bog turtle T(S/A) Yes Not Required Not Required muhlenber ii Percina rex Roanoke E Yes MA-NLAA September 2021 logperch Helianthus Schweinitz's E Yes No Effect October 2021 schweinitzii sunflower Isotria small whorled T Yes No Effect June 2022 medeoloides pogonia Perimyotis tricolored bat P Yes Not Required Not Required sub avus IIPaC data checked on 01/25/2023 and is attached to this document. T — Threatened, E — Endangered, T(S/A) — Threatened due to similarity of appearance, P- Proposed Endangered, MA-NLAA - May Affect — Not Likely to Adversely Affect, Bog turtle USFWS Recommended Survey Window: April 1 — October 1 (visual surveys); April 1- June 15 (optimal for breeding/nesting); May 1-June 30 (trapping surveys) Biological Conclusion: Not Required Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. Roanoke logperch USFWS Optimal Survey Window: year round; April -June (optimal) Biological Conclusion: May Affect — Not Likely to Adversely Affect RK&K aquatics biologists conducted a habitat review of the project and determined that habit was present at the Belews Creek/US 158 crossing. A survey was conducted on September 29t', 2021 and Roanoke logperch was not observed. The aquatic species survey report is attached. A review of the NCNHP database updated July 51h, 2022, indicates no records of Roanoke logperch within 1.0 mile of the project study area. Concurrence was received on October 1 lth, 2022, from the USFWS on the May Affect — Not Likely to Adversely Affect and is attached. R-2577ABC Phased Individual Permit Page 11 of 19 Schweinitz's sunflower USFWS Optimal Survey Window: late August - October Biological Conclusion: No Effect Habitat in the form of roadside rights -of -way, maintained power lines, utility rights -of -way, edges of thickets, and clearings are located throughout the study area. A survey was conducted and Schweinitz's sunflower was not observed. A review of the NCNHP database updated July 5th, 2022, indicates no records of Schweinitz's sunflower within 1.0 mile of the project study area. Small whorled pogonia USFWS Optimal Survey Window: mid May - early July Biological Conclusion: No Effect Habitat in the form of second to third successional growth mixed -deciduous and open, dry deciduous woods are located throughout the study area. A survey was conducted and Schweinitz's sunflower was not observed. A review of the NCNHP database updated July 5th, 2022, indicates no records of small whorled pogonia within 1.0 mile of the project study area. Tricolored bat USFWS Optimal Survey Window: May 15- August 15 Biological Conclusion: Not Required Species listed as proposed do not require Section 7 consultation with the USFWS. Habitat in the form of trees and culverts are present. A review of the NCNHP database updated July 5th, 2022, indicates no records of tricolored bat within 1.0 mile of the project study area. INDIRECT CUMULATIVE IMPACT ANALYSIS The indirect and cumulative effects associated with the proposed project have been identified and assessed in the Land Use Scenario Assessment (LUSA) (NCDOT, 2018). Indirect and cumulative impacts were assessed within the Future Land Use Study Area (FLUSA) by predicting changes in development types within defined probable development areas (PDA) that could result from the proposed project. The LUSA identifies and analyzes three PDAs along US 158. The PDAs were assessed based on scope of development, development intensity, regional population and employment growth, pressure for land development, and planned/managed uses and impacts for both the No -Build and Build scenarios. According to local planners, the areas around PDAs 1 and 3 are expected to develop with or without the project. PDA 2 will develop faster with the project but will likely be equally influenced by the completion of the Winston-Salem Beltway. Qualitative analyses of the probable development patterns in the FLUSA also suggest that cumulative changes in land use resulting from this project, along with subsequent private and public development actions, are not likely to notably increase the area of impervious surfaces over the No -Build scenario. R-2577ABC Phased Individual Permit Page 12 of 19 CULTURAL RESOURCES This project is subject to compliance with Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended, and implemented by the Advisory Council on Historic Preservation regulations for compliance with Section 106, for a licensed or permitted project that has an effect on a property listed on or eligible for listing in the National Register of Historic Places (NRHP). Historic Resources: Pursuant to the requirements of Section 106 of the NHPA, an intensive architectural field survey conducted in 2011 identified 390 resources of possible significance within the project study area. These findings were presented to the North Carolina State Historic Preservation Office (SHPO) on January 24, 2012, and 30 resources were identified as meriting further investigation. Additionally, the potential bypass routes around the Stokesdale town center were surveyed in March 2012, and an additional 90 resources were identified. These resources were reviewed with SHPO in May 2012, and it was determined that no further investigation was merited for the additional 90 resources. Of the 30 resources investigated, six were found eligible for NRHP listing. The Stokesdale Commercial Historic District was also determined eligible. Effects consultations between the SHPO and NCDOT were held on July 9, 2013, and September 22, 2015. They determined that the only NRHP-eligible property that would be adversely affected by the project is Edgewood Baptist Church (FY 3292) in Section A. After refinement of the preliminary designs, NCDOT held a meeting with the SHPO on January 8, 2018, and confirmed the historic property boundary for Edgewood Baptist Church. NCDOT agreed to investigate further minimization measures to the church and continue coordinating with the SHPO and the church. After completion of the preliminary design plans, NCDOT held additional coordination with the SHPO to revisit effects to the properties eligible for NRHP on January 9, 2018, and June 12, 2018. An avoidance alternative for the Edgewood Baptist Church vicinity was presented at the meeting in January 2018, which imposed minimal impacts to the church, but would require the relocation of seven residences across US 158 from the church. At the request of the SHPO, NCDOT developed a minimization alternative and presented it to the SHPO in June 2018. The minimization alternative includes the following: Edgewood Baptist Church • Incorporated best -fit widening with a reduced median (23 feet instead of 30 feet) and a retaining wall in front of the church to minimize impacts to both the church and the residences located across from the church; will not require relocations of residences across from the church but will result in the loss of some parking spaces in front of the church and will require the church sign (two if needed) to be relocated. Bel Air Drive -In Theater • Minimizes ROW acquisition to the drive-in; preservation of access; no impacts to components; maintains 2:1 side slopes along the parcel. R-2577ABC Phased Individual Permit Page 13 of 19 In a supplemental concurrence form signed November 30, 2022, NCDOT and SHPO agreed that this minimization alternative constitutes no adverse effect to the Edgewood Baptist Church if the specified commitments are met. These commitments include: • Safety treatments along retaining wall in front (southeast of) church building. • The rear (northwest side) of the retaining wall facing the church building will be finished with a brick veneer matching the church facade in bond and color. The barrier with moment slab will receive a warm, neutral stain to complement the brick veneer. • The one -foot -tall fence will be black in color and conform (see design illustrated in the supplemental concurrence form). • A seven -foot -wide grassed planting strip is also included in the design. • The structure will not compromise any contributing element of the historic property. • The driveway on Churchland Drive will be relocated further from the Reidsville Road intersection per request of the church. New location is at similar grade to existing. • Temporary construction easement will be shifted northwest and existing driveway removed (see attached aerial in the supplemental concurrence form). • Driveway relocation will not impact any contributing element of the historic property. Table 11. Historic Resource Determinations Section Historic Resource National Register Effect Status Edgewood Baptist Determined Eligible, No Adverse Effect R-2577A Church Criterion C Criteria With Commitments Considerations A & G R-2577C D.A. Jones House Determined Eligible No Effect Criterion C R-2577C Taylor -Edward House Determined Eligible No Effect Criterion C R-2577C Bi-Rite Supermarket Determined Eligible No Effect Criterion A & C R-2577C Wray House Determined Eligible No Effect Criterion C R-2577A Bel Air Drive -In Determined Eligible No Adverse Effect Theater Criterion A with Commitments R-2577C Stokesdale Commercial Determined Eligible No Effect Historic District Criterion A & C R-2577ABC Phased Individual Permit Page 14 of 19 Archaeological Resources: NCDOT conducted an intensive archaeological survey and evaluation for the proposed widening and improvement of US 158. The survey identified 32 isolated finds and 34 archaeological sites. The 32 isolated finds have no information potential and are recommended not eligible for the NRHP under any of the four criteria. The 34 archaeological sites included one historic burial, 22 historic sites, one prehistoric site, and 10 multicomponent sites. All 34 sites are recommended not eligible for the NRHP under any of the four criteria. Site 31GF514** includes two human graves. Located in Section C, with the two graves outside of the construction footprint, but straddling both alternatives within the overall project study area. Although the site is not eligible for the NRHP, it should be avoided during any construction activities. If the gravesites cannot be avoided, the Office of State Archaeology (OSA) will make the determination as to how the removal and relocation of the gravesites be treated, i.e. by following either NC General Statute (GS) 65 or NC GS 70, Article 3. If treated under GS 65, removal and relocation will be handled by the NCDOT Right -of -Way Office. If treated under GS 70, Article 3, removal, and relocation will be handled by the NCDOT Archaeology Group in consultation with the Right -of -Way Office, next of kin, and the OSA. Tribal Coordination: Coordination with the Catawba was completed on April 21, 2020, the Catawba identified no immediate concerns regarding traditional cultural properties, sacred sites or Native American archaeological sites within the boundaries of the project area. The Catawba are to be notified if Native American artifacts and / or human remains are located during the ground disturbance phase of this project. FEMA COMPLIANCE Forsyth and Guilford counties are participants in the National Flood Insurance Program (NFIP), administered by the Federal Emergency Management Agency (FEMA). This project will involve construction activities on or adjacent to FEMA regulated streams. Based on the most current information available from the North Carolina Floodplain Mapping Program (NCFMP), the project will cross Lowery Mill Creek, Belews Creek, and Belews Lake, all of which have an associated 100-year floodplain. Additionally, the project will cross a regulatory floodway at Lowery Mill Creek and Belews Creek. The Hydraulics Unit will coordinate with the NCFMP to determine the status of the project with regard to applicability of the NCDOT Memorandum of Agreement with the NCFMP, or approval of a Conditional Letter of Map Revision (CLOMR) and subsequent final Letter of Map Revision (LOMR). This project involves construction activities on or adjacent to a FEMA-regulated stream. Therefore, engineers from NCDOT Divisions 7 and 9 shall submit sealed as -built construction plans to the NCDOT Hydraulics Unit upon completion of project construction, certifying that the drainage structures and roadway embankments located within the 100-year floodplain were built as shown in the construction plans, both horizontally and vertically. R-2577ABC Phased Individual Permit Page 15 of 19 WILD AND SCENIC RIVER SYSTEM The project will not impact any designated Wild and Scenic Rivers, or any rivers included in the list of study rivers (Public Law 90-542, as amended). MITIGATION OPTIONS The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining, unavoidable jurisdictional impacts. Avoidance measures were taken during the planning and NEPA compliance stages; minimization measures were incorporated as part of the project design. Avoidance and Minimization: NCDOT has avoided impacting many wetlands and streams and reduced impacts to wetlands and streams to the greatest extent practicable. Wetland impacts have been kept to a minimum by avoiding ditching and channelization through wetlands. Existing drainage patterns to the wetlands have been kept to the extent practicable to maintain the hydrology feeding the wetlands. Other specific examples of avoidance and minimization measures include: • Best Management Practices (BMPs) will be utilized during construction to attempt to reduce the stormwater impacts to receiving streams and wetlands due to erosion and runoff. • Drainage outfalls along the project have been analyzed to verify stability and outlet protection has been incorporated into the design for all proposed drainage improvements. • Multiple proposed culverts utilize junction boxes to dissipate energy, reduce the slope of the pipe and provide reduced outlet velocity to the stream bed and bank. • Additionally, rip rap channel stabilization has been provided at the outlets of large culverts where appropriate to reduce the threat of erosion. • Rip rap bank stabilization has been provided where appropriate to promote bank stability. • Storm drainage systems were discharged outside of jurisdictional features where practicable. • Existing culverts at the following locations will be replaced with dual bridges: o Lowery Mill Creek — proposed bridge lengths of 85' o Belews Creek — proposed bridge lengths of 110' • Bridge 164 over Belews Lake will be replaced with dual bridges (100') and the vertical alignment has been adjusted at Belews Lake crossing (raised 4'). • Side slopes will be reduced from 6:1 to 2:1, where possible and without requiring the installation of guardrail, to further minimize stream and wetland impacts: o R-2577 A&B an estimated reduction of 96 LF of overall stream impacts o R-2577 A&B segment 3 transitional widening an estimated reduction of 101 LF of stream impacts o R-2577C an estimated reduction of 21 LF of stream impacts R-2577ABC Phased Individual Permit Page 16 of 19 • Additional minimization measures for non jurisdictional resources have been incorporated into the preliminary design plans • Edgewood Baptist Church (eligible for National Register of Historic Places [NRHP]) — minimized impacts to church and residences across the street: o shifted alignment slightly to the south o reduced median width to 23' o tightened side slopes to 2:1 o proposed retaining wall in front of church parking lot • Drive -In Movie Theater (eligible for NRHP) tightened side slopes to reduce Impacts • North of NC-66 the project incorporates the Design Standards for Sensitive Watersheds (DSSW) [15A NCAC 04B .0124(a)-(e). As a effort to avoid impacts to the Roanoke log perch. Compensatory Mitigation: The NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest extent practicable as described above. Tables 2 and 3 summarize the wetland and stream impacts for each section of this project. This project will permanently impact 1.72 acres of wetlands and 8,032 linear feet of streams. At this time, DMS will provide compensatory mitigation for wetlands in R-2577A. For stream mitigation, NCDOT acquired mitigation credits from DMS, Brushy Mountain Mitigation Site, and Little Peters Creek Mitigation Site. DMS will provide 95 credits for stream impacts in the Roanoke River Basin Cataloging Unit (03010103). Brushy Mountain Mitigation Site located in western North Carolina and is sponsored by Restoration Systems. The site is located on Macemore Road, three miles south of Elkin, in Yadkin County, North Carolina. This site is within the Yadkin River Basin Cataloging Unit (03040101) and will be used to offset impacts associated projects for NCDOT. To offset impacts associated with R-2577A, Restoration Systems will be debiting Brushy Mountain Mitigation Site for 1,962 linear feet. The Little Peters Creek Mitigation Site is located in Stokes County within the Roanoke River Basin Cataloging Unit (03010103). NCDOT acquired the 720 linear foot stream enhancement site to mitigate for unavoidable, jurisdictional impacts associated with future projects in the Roanoke River Basin. To offset impacts associated with R-2577A, NCDOT will be debiting Little Peters Creek Mitigation Site for 261 linear feet. Project sections R-2577B and R-2577C are not due to let within the next 5 years. Table 12 summarizes the total mitigation provided as 0.12 acres of wetland impacts and 2,318 linear feet of stream impacts. Compensatory mitigation for R-2577B and R-2577C will be provided accordingly during the subsequent permit modifications. These modifications will occur when final designs on the remaining sections have been completed. R-2577ABC Phased Individual Permit Page 17 of 19 Table 12. Summary of Mitigation Provided for Sections Letting within 5 Years Wetland Stream Buffer Design Mitigation Impacts Impacts Impacts Section Stage Provider Requiring Requiring Requiring Mitigation Mitigation Mitigation ac 1 s ft R-2577A Final DMS 0.12' 952 -- Brushy R-2577A Final Mountain -- 1,962' -- Mitigation Site Little Peters R-2577A Final Creek - 2614 -- Mitigation Site Total 0.12 2,318 'Wetlands impacts of 0.06 acres mitigation is offered at a 2:1 ratio 2 Stream impacts of 47.5 if is offered at 47.5 if at 2:1 ratio 'Stream impacts of 1,0241f is offered at 861f at 1:1 ratio & 938 if at 2:1 ratio a Stream impacts of 130.5 if is offered at 130.5 if at 2:1 ratio Explanation of mitigation provided Section in Final Design (R-2577A) Sections in Preliminary Design with LET dates are greater than 5 years (R-2577B and R- 2577C). Streams: Total Project Impacts: 8,021 linear feet Sections to Let >5 Years -6,389 linear feet Bank Stabilization for Final Design -294 linear feet Temporary Impacts -136 linear feet Balance 1,202 linear feet Yadkin watershed mitigation 1,024 linear feet Roanoke watershed mitigation 178 linear feet Cape Fear watershed mitigation 0 linear feet Wetlands: Total Project Impacts: 1.74 acres Sections to Let >5 Years -1.68 acres Balance 0.06 acres Yadkin watershed mitigation 0.06 acres Roanoke watershed mitigation 0 acres Cape Fear watershed mitigation 0 acres JORDAN LAKE RIPARIAN BUFFER IMPACTS The portion of the project subject to the Jordan Lake Riparian Buffer rules is located in Section C and is currently in a preliminary design stage. Impacts to buffers will be determined upon final design. R-2577ABC Phased Individual Permit Page 18 of 19 REGULATORY APPROVALS Section 404: Application is hereby made for a USACE Individual 404 Permit as required for the above -described activities. Section 401: We are hereby requesting a 401 Water Quality Certification from the N. C. Division of Water Resources. In compliance with Section 143 215.313(e) of the NCAC, we will provide $570.00 to act as payment for processing the Section 401 permit application previously noted in the application (see Subject line). Thank you for your assistance with this project. If you have any questions or need additional information, please contact Amy Euliss at aeulisskncdot.gov or (336) 747- 7800. A copy of this application and distribution list will also be posted on the NCDOT website at http://connect.ncdot.gov/resources/Environmental/Pages. Sincerely, Amy Euliss Division 9 PDEA Engineer cc: NCDOT Permit Application Standard Distribution List Attachments: Project Area Map ENG Form 4345 NCDMS Acceptance Letter Brushy Mountain Mitigation Site Letter Little Peters Creek Mitigation Site Letter NCSAM Form (SFA) USFWS IPaC USFWS Consultation Letter Concurrence Point 4B/4C Meeting Minutes Tribal Coordination Documentation November 2022 Effects Form SEPA EA/FONSI Stormwater Management Plan Permit Drawings Roadway Right -of -Way Plans Preliminary Sections Permit Maps Mailing Labels (Separate Electronic Attachment) R-2577ABC Phased Individual Permit Page 19 of 19