20240682 Ver 1_BP10.R033 cover letter_5_14_2024 (002)_20240514

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
May 14, 2024
Charlotte Regulatory Field Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, NC 28262
Attention: Mr. Steve Brumagin
NCDOT Coordinator
J. ERIC BOYETTE
SECRETARY
Subject: Application for Regional General Permit 50 and corresponding 401 Water Quality
Certification for the proposed replacement of Bridge No. 030231 on SR 1637
(Jacks Branch Road) over Cabin Branch, Anson County, NC.
STIP No. BP10-R033. WBS No. BP10.R033. USACE Action ID SAW-2023-
00478.
Dear Mr. Brumagin:
The North Carolina Department of Transportation (NCDOT) proposes to replace bridge No.
030231 on SR 1637 (Jacks Branch Road) over Cabin Branch in Anson County. The project is
scheduled to Let for construction on August 7, 2024. The purpose of this letter is to request approval
for a Regional General Permit 50 and corresponding 401 Water Quality Certification from the
NCDWR. In addition to this cover letter, this application package includes the following:
• USACE Preliminary Jurisdictional Determination (SAW-2023-00478)
• Preliminary Jurisdictional Determination Request
• Historic Architecture and Landscapes No Survey Required Form
• No Archaeological Survey Required Form
• Catawba Tribal Coordination Letter
• Bat Survey Project Questionnaire
• USFWS Scoping Letter
• Freshwater Mussel Survey Report
• MCDC Checklist
• Impact Permit Plans and Stormwater Management Plan
• DMS Acceptance Letter
Mailing Address: Location:
NC DEPARTMENT OF TRANSPORTATION Telephone: [phone] WEST MAIN STREET
DIVISION 10 Fax: [phone] ALBEMARLE, NC 28001
716 WEST MAIN STREET Customer Service: 1-877-368-4968
ALBEMARLE, NC 28001
Website: www.nedot.gov

Purpose and Need
The primary purpose of the proposed project is to improve safety of Bridge No. 231, which was
built in 1951 and has been deemed functionally obsolete.
Project Description
The project proposes to replace bridge No. 231, which is over Cabin Branch on SR 1637 (Jacks
Branch Rd.) in Anson County, approximately 3.5 miles southwest of Ansonville. The existing
structure is approximately 25 feet long and 20 feet wide. SR 1637 has a posted speed limit of 55
miles per hour (mph). The curve of the road at the bridge has a radius of approximately 450 feet
with a designed speed of 35 mph. The replacement structure will be abridge approximately 55
feet long and 33 feet wide, with approach slabs 11 feet long and 33 feet wide on both ends of the
new bridge The roadway on the structure will have 2lanes 10 feet wide and shoulders 3 feet and
11 inches wide. The bridge length is based on preliminary design information and is set by
hydraulic requirements.
Project construction will extend approximately 140 feet to the south of the approach slab and 105
feet to the north of the approach slab. The approaches will provide two 10-foot lanes and 3-foot
shoulders. The roadway is designed as a Rural Local with a 40-mph design speed. Standard road
construction and bridge installation equipment such as cranes, excavators, dump trucks, and
similar vehicles would be used for the project. Proper erosion and sedimentation control measures
would be employed throughout the project.
Resource Status
All jurisdictional features are located in the Yadkin River Basin (USGS Hydrologic Unit
030401040105). There is one stream within the PSA, Cabin Branch. The NCDWR Stream Index
for Cabin Branch is 13-20-12 and it is classified as Class C waters.
There are no High Quality Waters (HQW), Outstanding Resource Waters (ORW), WS-I, or WS-II
waters within 1.0 miles of the project area.
303(d) Impaired Waters
No streams were identified on the North Carolina 2022 Final 303(d) list of impaired waters.
Jurisdictional Determination
A PJD request package was submitted by NCDOT and Three Oakes on February 27, 2023
(attached). A PJD was issued by the USACE dated April 28, 2023 (attached).
Impacts to Waters of the US
Permanent and temporary impacts to wetlands and streams would be necessary to improve the
infrastructure. The proposed wetland and stream impacts are described below, summarized in
Tables 1 and 2 below, and shown on the attached impacts plan sheets.
Wetland Impacts
There are 0.010 acres of proposed permanent wetlands impacts from roadway fill for the bridge
replacement. There are 0.010 acres of proposed permanent wetland impacts from mechanized
clearing for the bridge replacement. Wetland areas cleared of vegetation, will be used for the
Midge replacement, and then maintained for future access.
There are a total of 0.020 acres of proposed permanent wetland impacts.

Table 1. Wetland Impacts in the Yadkin River Basin
Impact
Impact
Site
Station
Impact
Wetland
Wetland
pact Reason
Size
No.
No.
(From/To)
Type
Name
Type
(acres)
Conversion,
-L- 18+75
W 1
1
Permanent
WA
Forested
construction
0.005
to 19+56
access
L +7
+7 -L- 185
W2
I
Permanent
WA
Forested
Fill, roadway
0.010
1
Conversion,
-L- 21+13
W3
3
Permanent
WC
Forested
construction
0.005
to 21+59
access
Total
Permanent Wetland Impacts
0.020
Total Temporary Wetland Impacts
0.000
Total Combined Wetland Impacts
0.020
Stream Impacts
There are 58 linear feet of proposed permanent stream impacts for the bridge replacement.
There are 17-linear feet of proposed temporary stream impacts for dewatering and construction
access for the bridge replacement.
There are a total of 75-linear feet of proposed permanent and temporary stream impacts.
Table 2. Stream Impacts in the Yadkin River Basin
Average
Impact
Impac
Site
Station
Impact
Stream
Stream
Impact
Stream
Length it
t No.
No.
(From/To)
Type
Name
Type
Reason
Width
(acres)
(feet)
-L- 20+04
Cabin
Bank
58
S1
2
Permanent
Perennial
14
to 20+26
Branch
stabilization
(0.003)
-L- 20+04
Cabin
Dewatering,
17
S2
2
to 20+26
Temporary
Branch
Perennial
construction
14
(0.020)
access
Total Permanent Stream Impacts
58 (0.003)
Total Temporary Stream Impacts
17 (0.020)
Total Combined Stream Impacts
75 (0.023)
elf -linear feet
Summary of Utility Impacts
There will be no additional impacts to jurisdictional resources associated with utility relocations.

Avoidance & Minimization Measures
The proposed wetland and stream impacts have been kept to the minimum possible to allow for the
infrastructure installation. The planned limits of disturbance for construction were reduced
following the wetland delineation to reduce potential impacts. The proposed impact amounts would
be a maximum of potential impacts to the features. The actual construction efforts to replace the
infrastructure will likely require less than the proposed totals and will be the minimum necessary
to install the infrastructure. In wetlands and across stream channels, stumps will be grubbed only
as needed to install the infrastructure, and remaining stumps will be cut off at grade level. The
general stripping of topsoil within wetlands along the construction corridor will be avoided. Heavy
equipment working in wetlands will be placed on mats to minimize soil disturbance and
compaction. Work in wetlands and streams will be limited to only what is necessary to install the
infrastructure.
All work in or adjacent to streams will be conducted so that the flowing stream does not come in
contact with the disturbed area. The stream bed in areas of proposed temporary stream impacts will
be restored to pre -project elevations and widths using natural stream bed material. Temporarily
impacted stream banks in planned maintained easements will be restored through regrading,
seeding, and woven coir fiber mat and then be maintained for future maintenance access.
Temporarily impacted stream banks outside of planned maintained easements will be restored
through regrading, seeding, woven coir fiber mat, and live staking of deep-rooted native species.
There will be no change in pre -construction contours of waters of the United States in temporarily
impacted areas. Erosion control matting that incorporates plastic mesh and/or plastic twine will not
be used along streambanks or within wetlands. All mechanized equipment operated near surface
waters shall be inspected and maintained regularly to prevent contamination of surface waters from
fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to
minimize the exposure of equipment to surface waters to the maximum extent practicable.
Mitigation
Mitigation of 0.020 riparian wetland credits is proposed for 0.020 acres of permanent wetland
impacts for fill and mechanized clearing associated with the bridge replacement. A mitigation
acceptance letter for 0.020 riparian wetland credits from the North Carolina Division of Mitigation
Services is attached.
SEPA Document Status
BPIO R033 is a State funded project and falls under the State Environmental Policy Act (SEPA).
A state environmental document is not required. A Minimum Criteria Determination checklist is
attached.
FEMA Compliance
Hydraulics Unit coordination with FEMA.
Section 106
Historic Architecture
A Historic Architecture and Landscapes No Survey Required Form for the proposed project was
completed by a NCDOT Architectural Historian on December 14, 2021 (attached).
Archaeology
A No Archaeological Survey Required Form for the proposed project was completed by a NCDOT
Archaeologists on November 29, 2021 (attached).

Tribal Coordination
A tribal coordination letter was distributed on May 10, 2024 to the Catawba Indian Nation
(attached). As of the date of this letter a response has not been received. A response once received
will be forwarded.
Threatened & Endangered Species
The United States Fish and Wildlife Service (USFWS) lists the following federally protected
species within the PSA, under the Endangered Species Act (ESA) (Table 3). For each species, a
discussion of the presence or absence of habitat or species is included below along with a Biological
Conclusion rendered based on survey results in the PSA and USFWS scoping. Comments from
USFWS were received December 5, 2022 following review of the project (attached).
Table 3. Federally protected species listed for project study area in IPAC*
Scientific Name
Common Name
Federal
Habitat
Biological
Status+
Present
Conclusion
Perimyotis subflavus
Tricolored bat
PE
Yes
NLAA
Picoides borealis
Red -cockaded
E
No
No Effect
woodpecker
Lasmigona decorata
Carolina heelsplitter
E
Yes
NLAA
Helianthus schweinitzii
Schweinitz's sunflower
E
Yes
No Effect
* USFWS Information for Planning and Consultation (IPaC) data checked on February 1, 2023.
+PE — Proposed Endangered
+E — Endangered
NLAA-Not Likely to Adversely Affect
Tricolored Bat
The USFWS proposed the listing of the tricolored bat (Perimyotis subflavus) in the Federal Register
on September 14, 2022. Potential suitable summer roosting habitat for the tricolored bat is present
in the PSA within the mature trees and the bridge structure. Most of the planned improvements are
within existing maintained road right-of-way. Tree clearing may be necessary in some areas for the
bridge replacement. Potential suitable foraging habitat for the tricolored bat occurs in the PSA
adjacent to Cabin Branch and along the forest edges. A Bat Survey Project Questionnaire for the
project is (attached). A survey for bats will be performed prior to construction. Any removal of
mature trees would occur between October 15th to March 31st. The proposed project is not likely
to jeopardize the existence of the species.
Biological conclusion: may affect, but is not likely to adversely affect
Red -cockaded woodpecker
Suitable RCW foraging and nesting habitat is not present within the PSA. Additionally, no cavities
or individuals were observed within the PSA. A review of the North Carolina Natural Heritage
Program (NCNHP) Winter (January) 2023 dataset indicates no known RCW occurrences within
1.0 mile of the PSA. Due to the lack of suitable habitat within the PSA and no known occurrences
within a mile of the PSA, this project will likely have no impact on this species.
Biological conclusion: no effect

Carolina heelsplitter
Suitable habitat for Carolina heelsplitter is present within the PSA. A mussel survey was performed
in the PSA on March 19, 2024 (attached). Physical habitat conditions such as defined stream
channel, native freshwater mussel presence and diversity, and substrate composition that are
associated with Carolina heelsplitter were present throughout the surveyed reach. Although there
was appropriate habitat, there were no Carolina heelsplitter individuals found. Based on the
presence of habitat and the results of the survey, the project may affect, but is not likely to adversely
affect the Carolina Heelsplitter.
Biological conclusion: may affect, but is not likely to adversely affect
Schweinitz's Sunflower
Suitable habitat for Schweinitz's sunflower is present within the PSA in the form of roadsides,
woodland edges, and utility rights -of -way. Three Oaks biologists completed a survey for
Schweinitz's sunflower on October 5, 2022. This species was not identified during this survey
effort. A review of the Winter (January) 2023 NCNHP dataset identified no known Schweinitz's
sunflower occurrences within 1.0 mile of the PSA. Due to the absence of Schweinitz's sunflower
within the PSA and the lack of NCNHP records within 1.0 mile of the PSA, effects to this species
are not likely.
Biological conclusion: no effect
Bald and Golden Eagle Protection Act
The bald eagle is protected under the Bald and Golden Eagle Protection Act and enforced by the
USFWS. Habitat for the bald eagle primarily consists of mature forests in proximity to large bodies
of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0
mile of open water.
A desktop-GIS assessment of the PSA, as well as the area within a 1.0-mile radius of the project
limits, was performed on September 26, 2022, using the most recent color aerials. Water bodies
large enough or sufficiently open to be considered potential feeding sources were identified. Since
foraging habitat is present within the review area, a survey of the PSA and the area within 660 feet
of the project limits was conducted on October 5, 2022. No bald eagles or nests were observed
during this survey effort. A review of the Winter (January) 2023 NCNHP dataset revealed no
known occurrences of this species within 1.0 mile of the PSA. Due to the lack of observations
during the survey effort, absence of nearby known bald eagle occurrences, and the minimal impact
anticipated for this project, effects to this species are not likely.
Indirect and Cumulative Impact Analysis
The project will not alter travel patterns, reduce travel time or open areas for development or
redevelopment. This project will not influence nearby land uses or stimulate growth.
Regulatory Approvals
Section 404: Application is hereby made for a Regional General Permit 50 as required for the
above -described activities.
Section 401: A 401 Water Quality Certification is anticipated from the 401 from the N. C.
Division of Water Resources.

Thank you for your assistance with this project. If you have any questions or need additional
information, please contact me at jmhowardkncdot.gov or [phone].
Sincerely,
Joel Howard, Division 10 PDEA Engineer
NCDOT
Electronic cc: Beth Plummer, NCDWR Transportation Permitting Unit
Donald Pope, Division 10 Bridge Project Manager
Holland Youngman, USFWS
Dave McHenry, NCWRC