The URL can be used to link to this page

Home My WebLink About20160448 Ver 1_Application_20160504Carpenter,Kristi From: Sent: To: Euliss, Amy Wednesday, May 04, 2016 3:27 PM Thomas, John T JR SAW (John.T.Thomas.JR@usace.army.mil); Wanucha, Dave Cc: Carpenter,Kristi; Chambers, Marla J; Jones, Matthew W; Braquet, Stephanie; andrew_henderson@fws.gov Subject: Br No. 203 on SR 1526 in Rowan County Attachments: 15-394_NCDOT BN 203_Rowan_NLEB USFWS concurrence.pdf; Br no 203 permit application and supporting documents.pdf Follow Up Flag: Flag Status: Follow up Completed Attached is the Attachment G, permit drawings, NLEB streamline checklist, and Cultural Resource letters for the replacement of Bridge No. 11 in Stokes County. This is a courtesy copy for DWR. NCDOT previously committed to a tree clearing moratorium from May 15-August 15 as a conservation measure to avoid disturbing potential Northern long-eared bats in their summer roosting habitat under the'Interim 4d rule'. See attached concurrence letters. However, with the issuance of the 'Final 4d rule', NCDOT will no longer meet the moratorium. Thus, for the proposed action, NCDOT has committed to the conservation measures listed below: 1) No alterations of a known hibernaculum's entrance or interior environment if it impairs an essential behavioral pattern, including sheltering Northern long-eared bats (January 1 through December 31); 2) No tree removal within a 0.25 mile radius of a known hibernacula (January 1 through December 31); and 3) No cutting or destroying a known, occupied maternity roost tree, or any other trees within a 150-foot radius from the known, occupied maternity tree during the period from June 1 through and including July 31. NCDOT has determined that the proposed action does not require separate consultation on the grounds that the proposed action is consistent with the final Section 4(d) rule, codified at 50 C.F.R. § 17.40(0) and effective February 16, 2016. Section 7 responsibilities are therefore considered fulfilled. Amy Euliss Division 9 Environmental Officer North Carolina Department of Transportation 336 747 7802 office aeuliss .ncdot.qov 375 Silas Creek Parkway Winston Salem, NC 27127-7167 ; ,� r M � � Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Low Imqact Bridse Proiect Data Sheet - Attachment G UescrlpNon Bazin Classiflcatia Stream SIN T e Size widN T e Ezisting S[rucwre Size ne� mxi Sufr. Ra[in Proposetl StrvcNre � e Sfze fa��Um S[ream USACEIm NC�WQ Im ❑SACEIm WetlanEs Non4041m{ CAMA Impa DWO Bu%ers Impacts (SF) ier Application Required (YIN) DWq SlormWater Permit Requiretl �� Habifat /nj T&E S ecias Pre Bio Conclus Mamtotlum T e erN oates NativelHatcl Trou[ Waters ttoN S edi Location LONG 80.5028 W Design Speetl - 60 MPH. 64' of pertnanerrt ImpacLs are tlue �o np rap Dank s1a011iza�on. Of tha( only 37' Is new Impacts tlue to tlte e�isting abNmen� curten0y impacting the channel as wellasedstingnp2palongihabankvnthinthepmposetlbankstabilization. T�etemporery Commaots impac[s are tlue in impervious tlike placement for removal of the edsling intenor bent and placement af tpe bank stabilization along the south side of the stream_ The impaqs to �he we�lantls are tlue lo mechanized deanng, exceva�ion antl placement of emsion contml Completetl by: Officer. Date S 3 3 3 C ) � 3 � � �""' I DETOUR �--�t VICIIVITY MAP .�"I�.� "f�l�: (�I�� . �(�)P'�"I'H � �.�� I'� �)I. I \ � ll)I_�'1_�I(�)\ (�>I` l■II�;I.I\�'.:�1.'� R O WA1� CO U1�T Y LOCATION: BRIDGE N0.203 OVER TOWN CREEK 0111 SR I526 (HENDERSON GROVE CHURCH ROAD) PERMIT DRAWING SHEET 1 OF 5 TYPE OF WORK WIDENI11tG, GRADIIVG, PAVING, DRAI11tAGE, AND STRUCTURE WETLAND AND SURFACE WATER IMPACTS PERMIT STA. IO + 00.00 -L- BEGIIV T.I.P. PROJECT 17BP.9.R.23 F TO MAIN ST � HEIVDERSON GROVE CHURCH RD END T.I.P. PROJECT 17BP.9.R.23 •�SITE 3 _____- _- \`.. WLB _ _ _ �.97M � � _ � _ -� -� � �\ � — -L- �� .� /F3 / SITE 1 J p ' � � SITE 2 �� W�a . - » ;� ; ^ . • . . ,� � , " . , • , : �„_"`w - �a � -BIM- - _ - _ - _ -'] SITE 4 � SR� 83 ,\ zoo, 0 TO PEACH ORCHARD RD ** DESIGN EXCEPTION REQUIRED GRAPHIC SCALES DESIGN DATA PRO ECT LENGTH Prepared ln tle Offlce of: HYDRAULICS ENGINEER DIVISION OF HIGHWAYS ' /�T K I N S 1616 E. MILLBROOK ROAD, SUITE #310 STATE OF lVORTH CAROLINA RALEIGH, NORTH CAROLINA 27609 50 25 0 5o too ADT 2009 = 1500 LENGTH ROADWAY T.I.P. PROJECT 17BP.9.R.23 = 0.090 MILES (919) 876-6888 NcaEEs #F-o3z6 �F ypqty ADT 2025 = 3000 LENGTH STRUCTURE$ T.I.P. PROJECT 17BP.9.R.23 = 0.014 MILES zmz srAxnnnn srEcrF�carioNs e�t� c'9o� PLANS � TOTAL LENGTH T.I.P. PROJECT 17BP.9.R.23 = 0.104 MILES p.g, � � DHV = X /o CLINTON MORGAN, P.E. • SIGNATURE: � z 50 25 0 50 l00 D= X % RIGHT OF WAY DATE: rno�ecr sxc,NEEa ; o T= X %* IAN BERDEAU, E.I. ROADWAY DESIGN '�gr Qo��e PROFILE (HORIZONTAL) ENGINEER oF rwwMe V = 6O MPH*� PROfECT DESIGN ENGINEER l0 5 0 l0 20 * TTST X% DUAL X% LETTING DATE: MATTHEW JONES, P.E. FUNC CLASS = RURAL FEBRUARY 2016 NCDOT CONTACT PROFILE (VERTICAL) LOCAL PE. Y.E. SIGYATURE� STATF. NIGHWAY DF,SIGN F,NG7NF,F,R � RAU 35 ----T= __ �.----C � -� WETLAND AND SURFACE WATER IMPACTS PERMIT � . �08Z ab � N PROJECT REFERENCE NO. SHEET NO. l7BP.9.R.23 4 RNJ SHEET NO. PERMIT DRAWING SHEET 3 OF 5 S ITE 3 � --� � W�B � _ �B�M = - ' - T � - � � � � � � � � - � � � � � � �__.- . � -- F � � � �C . � � � � � , F G RAU_ �5.�--�' `�-�-' `� �'F � �,^�TYPE III � � �_��, F -___ � � � ' � w ; � z -�- -- � � �� U 350 C` TYPE III � � ) � � - --- � - � �� , S ITE 1 �, , � �� S ITE 2 25 12.5 0 25 50 TYPE III �__ F��,,q�_�p__F --------- F � �F -- _ = ,�- �B = --- -- - � _ _ --� - - � ' � � � �' \ � � � � � � � � \ � � � � � � � � � � � � �- - � � � ��' 8 � M �" � � , SITE 4 � � ��/�i,�; , , � DENOTES TEMPORARY FILL IN WETLAND I DENOTES FILL IN � F WETLAND ENLARGED VIEW OF IMPACT AREAS ****, * * * * � DENOTES EXCAVATION IN WETLAND / � ,��7�� i,��ti` WETLAND PERMIT IMPACT SUMMARY WETLAND IMPACTS SURFACE WATER IMPACTS Hand Existing Existing Permanent Temp. Excavation Mechanized Clearing Permanent Temp. Channel Channel Natural Site Station Structure Fillln Fillln 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) (tt) (ft) (tt) 1 12+97 / 13+14 Rip Rap, Exist. Bridge < 0.01 0.00 0.00 0.00 0.00 0.00 0.01 35 0 0 2 13+22 / 13+86 Bridge Bent, Clearing 0.00 0.00 < 0.01 0.01 0.00 0.01 0.00 0 69 0 3 13+24 / 13+50 Clearing 0.00 0.00 0.00 <0.01 0.00 0.00 0.00 0 0 0 4 14+03 / 14+84 Clearing 0.00 0.00 0.00 <0.01 0.00 0.00 0.00 0 0 0 TOTALS: < 0.01 0.00 < 0.01 0.01 0.00 0.01 0.01 35 69 0 Revised 3/31/OS �rthern LonE-Eared Bat 4(dl Rule Streatnlined on ultation Form Federal agencies should use this forxn for the optional streamlined consultation framework for the northern long-eared bat (NLEB). This framework allows federal agencies to rely upon the U.S. Fish and Wildlife Service's (USFWS) January 5, 2016, intra-Service Programmatic Biological Opinion (BO) on the fma14(d) rule for the NLEB for section 7(a)(2) compliance by: (1) notifying the USFWS that an acYion agency will use the streamlined framework; (2) describing the project with sufficient detail to support the required detemunation; and (3) enabling the USFWS to track effects and determine if reinitiation of consultation is required per 50 CFR 402.16. This form is not necessary if an agency detemunes that a proposed action will have no effect to the NLEB or if the USFWS has concurred in writing with an agency's determination that a proposed action may affect, but is not likely to adversely affect the NLEB (i.e., the standard informal consultation process). Actions that may cause proMbited incidental take require separate formal consultation. Providing this information does not address section 7(a)(2) compliance for any other listed species. Information to Determine 4(d) Rule Compliance: YES NO 1. Does the project occur wholly outside of the WNS Zone�? ❑ x 2. Have you contacted the appropriate agencyZ to determine if your project is near X � known hibemacula or maternity roost trees? 3. Could the project disturb hibernating NLEBs in a lrnown hibemaculum? ❑ x 4. Could the project alter the entrance or interior environment of a known � X hibemaculum? 5. Does the project remove any trees within 0.25 miles of a known hibemaculum at � X any time of year? 6. Would the project cut or destroy lmown occupied matemity roost trees, or any other trees within a 150-foot radius from the matemity roost tree from June 1 ❑ x throu h Jul 31. You are eligible to use this form if you have answered yes to question #1 �yes to question #2 �no to questions 3, 4, 5 and 6. The remainder of the form will be used by the USFWS to track our assumptions in the BO. Agency and Applicant3 (Name, Email, Phone No.): NCDOT Division 9, aeuliss@ncdot.gov, 336-747-7802 Proiect Name: Project Location (include coordinates if known): Bridge no. 203 on Henderson Grove Ch. Rd (SR 1526) in Rowan Co. 35.6397 N, 80.5028 W. Basic Project Description (provide nanative below or attach additional information): Replace Br. no. 203 with a new bridge in the on the same alignment on SR 1526 (Henderson Grove Church Rd) in Rowan County. ' http://www.fws.gov/midwesUendangered/mammals/nleb/pdf/WNSZone.pdf Z See http://www.fws.gov/midwesUendangered/mammals/nleb/nhisites.html 3 If applicable - only needed for federal acYions wiCh applicants (e.g., for a pernnt, etc.) who are party to the consultaYion. General Project Information YES NO Aeencv Determination: By signing this form, the action agency determines that this project may affect the NLEB, but that any resulting incidental take of the NLEB is not prohibited by the fina14(d) rule. If the USFWS does not respond within 30 days from submittal of this form, the action agency may presume that its determination is informed by the best available information and that its project responsibilities under 7(a)(2) with respect to the NLEB are fulfilled through the USFWS January 5, 2016, Progammatic BO. The action agency will update this determination annually for multi-year activities. The action agency understands that the USFWS presumes that all activities are implemented as described herein. The action agency will promptly report any departures from the described activities to the appropriate USFWS Field Office. The action agency will provide the appropriate USFWS Field Office with the results of any surveys conducted for the NLEB. Involved parties will promptly notify the appropriate USFWS Field Office upon findy�g a dead, injured, or sick NLEB. � � Signature: Date Submitted: ,� ° Any activity that temporarily or permanently removes suitable forested habitat, including, but not limited to, tree removal from development, energy production and transmission, mining, agriculture, eta (see page 48 of the BO). 5 If the project removes ]ess than ] 0[rees and [he acreage is unknown, report [he acreage as less than 0.1 acre. 6 Tf the acYivity includes [ree clearing in June and 7uly, also include those acreage in April to Oc[ober. NO SURVEY REQUIRED FORM PROJECT INFORMATION Project No. WBS No F.A. No: 790203 42608.I .ST9 Federal (USACE) Permit Required? Project Trnckzng No. (Internal Use) � 10-03-0049 Counry: Rowan Docun�ent.• PCE Funding: ❑ State ❑ Yes ❑ No Pernait Type: � Federal Project Description: Bridge on SR 1526 over Town Creek. Project will replace bridge irr place with off- site detour. Area of Potential Effects (A.P.E.) includes existing right of way (ditchline to ditchline) for 2�0 fee' in e�ch di;^�ction �^ona !�;e bYIL'b�. SUMMARY OF CULTURAL RESOURCES REVIEW Brief description of review activities, results of review, and conclusions: Consisted of a review of previously recorded archaeological sites, previously conducted archaeological projects, and projects previously reviewed by the State Historic Preservation Office (HPO) in the vicinity. There are no previously recorded sites in the A.P.E., and the A.P.E. has not been previously surveyed for archaeological sites or previously reviewed by HPO. The A.P.E. includes existing right of way so the project has little potential to impact archaeological sites. Brief Explc�nation of why the available information provides a reliable basis for reasonably predicting that there are rzo unidentified historic properties in the APE: Background research identified no previously recorded archaeological sites within the A.P.E. Project will not impact any new location so there is little potential to impact any unrecorded archaeological sites. SUPPORT DOCUMENTATION See attached: � iVlap(s) ❑ Previous Survey lnfo ❑ Photos ❑Correspondence ❑ Photocopy of Cotmty Survey Notes FINDING BY NCDOT CULTURAL RESOURCES PROFESSIONAL NO SURVEY REQUIRED ��,�.�� t�� NCDOT Cultural Resources Specialist �/�/�� Date „Nn SurveY Required" Ji�rm for Mn�ur 7'ransporlalion Prolecte� ac Oucd Jied in dre 2007YroKrammntic A�rcerrrer�l. NCD(JT Archne��logy rY� Nisturic Arcluleclm�e (iroi�ps Project Tracking No. (Internal Use) 13-06-0027 HISTORIC ARCHITECTURE AND LANDSCAPES NO SURVEY REQUIRED FORM This form only pertains to Historic Architecture and Landscapes for this prQject. It is not valid for Archaeological Resources. You must consult separately with the Archaeology Group. PROJECT INFORMATION ProjectNo: County: ROwan WBS No.: 17BP.9. R.27 Document Type: Fed. Aid No: Funding: X State Federal Federal X Yes No Permit Not specified in request Permit(s : Type(s): Proiect Descrintion: Replace Bridge No. 203 on SR 1526 (Henderson Grove Church Road) over Town Creek (off-site detour planned). SUMMARY OF HISTORIC ARCHITECTURE AND LANDSCAPES REVIEW Description of review activities. results, an�l conclusions: HPOWeb reviewed on 5 July 2013 and yielded no NR, SL, LD, DE, or SS properties in the Area of Potential Effects (APE). Rowan County current GIS mapping, aerial photography, and tax information indicated a wooded APE (viewed 5 July 2013). Constructed in 1961, Bridge No. 203 is neither included in the NCDOT Historic Bridge Survey, nor representative of any distinctive engineering or aesthetic type. Google Maps ��Street View" confirmed the absence of critical historic structures and landscapes in the APE (viewed 5 July 2013}. No architectural survey is required for the project as currently defined. Whv tlze nvailable information provitles a reliable basis for reasonablv predictinQ that there are no unidentired siQniitcant historic architectural or l�cndscape resources in the proiect area: APE extends 350 feet from either end of the existing bridge (N-S) and 100 feet to either side of the SR 1526 (Henderson Grove Church Road) centerline (E-W) to encompass proposed construction activities. The comprehensive county architectural survey (1977) and later investigations recorded no properties in the APE (�avyd Foard Hood, TheArchitecture ofRowan County (Salisbury, NC: Rowan County Historic Properties Commission, 19s3)). County GIS{tax materials and other visuals clearly illustrate the absence of significant architectural resources. No National Register-listed properties are located within the APE or along the proposed off-site detour route. Should the design of the project change, please notify NCDOT Historic Architecture as additional review may be necessary. SUPPORT DOCUMENTATION X Map(s) ❑Previous Survey Info. ❑Photos ❑Correspondence FINDING BY NCDOT ARCHITECTURAL HISTORIAN Historic Architecture and Landscapes -- NO SURVEY REQUIRED NCDOT Architectural Historian ❑Design Plans Hislm�fc Arclri�ecnu•e and /,nndscape,r NO SURVLY RI;OUlR/iD jonn jor Minor "l'ransporrarlon Nrojecrs ns Oualified i» lhe 2007 Progrrmnnnlic Ag�•eemenl. � nr ' ' � C� @ "'x� c;ollc:�:l� i � - x '�i,; . � �� 29 �, . � A \\ ,� t PV' . .. . � fl' a. 1-ot. l�ss h .rr c �` c, t� � ke �t ��,�� \�o�,`•'� � Sall,k)Ury .��< � � �� ..� � � . � cz f_rnc6lr>rU�� a� �1"u,�,� . �, ;;� ��. n _. hry � � � , 2 _" � f�' , i�J `�� 7/ !% � - �i - lu�� ~ �es S' ♦� �i s� �;i . � i + . C) . ' f�C1p�. �%�)Y� ,r�<./ y^�"• . . S/ ?� �S�i//t, n�` ,� ,�"Fi `� Il itl l i.:tl � �;�� ,��, �e i:hP:tnul �::�m h:rr' �� j, I�:ulliricl Flill �� ! ,� v �'.� i�llils taa: � �rnet�,r� r'�� i �: �c�li club � ra �� , * g r�'� y, '1 �I S� ' ` r.r11Uc}1uN� ��',J o ��-.._ . ' � ; � r ! i � � � i �,` �r ,�,/ Project Location � � � -� .;�' ". � . 4. . � �4 ti , y� ° 1r e � � 2��` � 1 q �" 1 C�` � a�F {� N r� °' �l/e� �,. , ' ti i�q �' ��ryer a; Gald Hill Ur `,� h�,r�.,i, " R01�%�GGt�,, a�<F �G i�r�Untj ;�n' �f�. Uninn Ileiylits U Aupurt 'p�, '� ,i;01�. l.uttti� �y a r ' 1' r u �� q�F, :• t �i '- -� k . � c. ;R=.:. , Jak u � ��Y.. _ %..� �f �� _ � � Ul /, ?�� ' � .� �`ti . :.� �,. A 1 /��` ; �; •j�� ' � c � � �t� a E ,, �� -.: _ � �. �.3` � 7 � ' ,� .� � "`' I,# =aA€� ` � ,z��' � � �� Bridge No:`203 eb .� �� , i� i. f � �� ` a � .�� , �� ; 2�� C+ ,: � > .� _.. ,�., , �"-,, _ ��` ' ` J, h'� ; � � „�j ��_'".`�- �.� �' 0 , ti �� ,� � �� , � � �, � � 'ssl� �, . `1 y� vr'f ., k��,,� , I �;y ��..-' ,�}r •k � i� i t' .� � i x'y2: �. � � � J,� � f( i � � r f � ;f ; ; � � � � �' � �a�, � .:� � �: � � � ,i�A �p;ts� ` r' ;; ' �a�"� �" � ,-- � �: � 5 r � �"� �A,� � . . f E , � S"�\4 � � �..,. �.�7 �� . . � �,ulilr� 4u` ��_:� � � rr/� �r��4' �• T Urh ot'�Y r� ` �``�, ' E / c� + V � iF��:'.� <) . - rrr �'S � � �� .�� . . �- � � in., p� !y .. � lp " U r 1 �'i/�9 :� w a �''�/ Bridge No. 203 on SR 1526 (Henderson Grove Church Road) over Town Creek Rowan County WBS No. 17BP.9.R.27 Base map: HPOWeb, nts NCDOT — Historic Architecture July 2013 Tracking No. 13-06-0027 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 JUIy 1 %, 2� 15 Ms. Amy Euliss Division 9 Environmental Officer North Carolina Department of Transportation 375 Silas Creek Parkway Winston-Salem, North Carolina 27127 Dear Ms. Euliss: Subject: Endangered Species Consultation for Potential Impacts to the Northern Long-eared Bat from the Replacement of Bridge No. 203 on SR 1526 (Henderson Grove Church Road) in Rowan County, North Carolina, WBS No. 17BP.9.R.23. As requested by the North Carolina Department of Transportation (NCDOT) in your letter of July 13, 2015, we have reviewed the natural resources information and biological conclusion with regard to the federally threatened northern long-eared bat (NLEB) (Myotis septentrionalis) for the subject project. The proposed project includes replacing Bridge No. 203 on SR 1526 (Henderson Grove Church Road) in Rowan County, North Carolina. We provide the following comments in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Habitat for the NLEB exists along the project corridor and has been evaluated for potential impacts from project implementation. According to the information provided, no caves or mines were found from a desktop search conducted for the project footprint and within one-half mile of the project. The only structure that will be demolished was checked for bat use and none was observed. The closest summer record for the NLEB is more than 50 miles from the project vicinity. Potential summer roosting habitat (in the form of forested patches interspersed with farm fields) does exist within the project area, and some trees will be cleared during project implementation. Based on: (1) the negative surveys for wintering habitat, (2) the fact that no sign of bat use was found during structure surveys, and (3) a commitment by the NCDOT to conduct minimal tree-clearing and their agreement to a tree-cutting moratorium between May 15th and August 15th (of any year) for the subject project, we agree that implementation of this project is "not likely to adversely affect" the NLEB in the project area. In view of this, we believe the requirements under section 7(c) of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered i£ (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. If you have questions about these comments, please contact Ms. Marella Buncick of our staff at 828/258-3939, Ext. 237. In any future correspondence concerning this project, please reference our Log No. 4-2-15-394. Sincerely, - - original signed - - Janet A. Mizzi Field Supervisor