20161026 Ver 1_Cover Letter signed_20161026

Transportation
US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Mr. David Bailey
3331 Heritage Trade Dr., Ste. 105
Wake Forest, NC 27587
PAT McCRORY
Govemor
NICHOLAS J. TENNYSON
Secrefary
October 26, 2016
NC Division of Water Resources
Winston-Salem Regional Office
Attn: Mr. Dave Wanucha
450 W. Hanes Mill Rd, Ste. 103
Winston-Salem, NC 27105
Subject: Narionwide 14 Permit and Jordan Lake Buffer Application for the replacement of
Bridge No. 209 on SR 1366 (Atkins Road) over Frank Creek, Orange County, North
Carolina, WBS Element No. 17BP.7.R.99
Dear Mr. Bailey and NIr. Wanucha:
The North Carolina Department of Transportation (NCDOT) is proposing to replace a
functionally obsolete 17'8' dual span timber bridge with a new 2@12'x7' reinforced concrete box
culvert with sills. An off-site detour will be used to convey traffic during conshuction. The
project will also include minor approach work on the existing roadway.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. The database lists four species for Orange CounTy that have federal status.
Bald eagle (Haliaeetus Zeucocephalus) is protected in every counTy in North Carolina under the
Bald and Golden Eagle Protection Act. Dwarf wedgemussel (Alasmidonta heterodon),
Michaux's sumac (Rhus michauxiT), and smooth coneflower (Echinacea laevigata) are listed as
endangered.
Habitat far bald eagle primarily consists of mature farest in proa�imity to large bodies of open
water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of
open water. There is no suitable open water feeding sources within 1-mile ofthe project
boundaries. Due to the lack of habitat and minimal impact anticipated for this project, it has been
determined that the subject project will not affect this species.
Dwarf wedgemussel are small freshwater bivalves found in small streams less than five meters
wide to large rivers more than 100 meters wide. Robert Lepsic with EPR surveyed the project
reach for Dwarf wedgemussel (Alasmidonta heterodon) habitat in February 2016, as well as
searching the NC Natural Heritage Program (NHP) database. The database search indicated that
there are no known occurrences of the mussel within one mile of the project study area. Further,
no species were observed during the site survey. Email correspondence with Mr. Gary Jordan
(LJSFWS) indicated that he was comfortable with a"No EffecY' biological conclusion far the
Dwarf wedgemussel.
�Nothing Compares�,�_
StateofNorthCarolina � Departrnentof7ransportation � DivisionofHighways,Division70ffice
] 584 Yanceyville Street, Greensboro, NC 27405� P. O. Box 14996, Greensboro, NC 27415-4996
336-487-0000

4
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Transportation
PAT McCRORY
Govemor
NICHOLAS J. TENNYSON
Secretary
Michaux's sumac grows in sandy or rocky open woods in association with basic soils. Several
populations in North Carolina are on highway rights-of-way, roadsides, or on the edges of
artificially maintained clearings. Smooth coneflower is typically found in open woods, glades,
cedar barrens, roadsides, clearcuts, dry limestone bluffs, and power line rights-of-way, usually on
magnesiwn and calcium rich soils. Smooth coneflower occurs in plant communities that have
been described as xeric hardpan forests, diabase glades or dolomite woodlands. Optimal sites are
characterized by abundant sunlight and little competition in the herbaceous layer. Natural fires,
as well as large herbivores, historically influenced the vegetation in this species' range. Mr.
Lepsic also conducted a survey for Michaux sumac (Rhus michazcrii) and Smooth coneflower
(Echinacea laevigata) at the subject site on June 28, 2016. Marginal roadside habitat exists on all
four quadrants of the bridge but no specimens were found. The biological conclusion for smooth
coneflower at the Bridge 209 site is No Effect; Habitat Present.
This project was reviewed by NCDOT's Human Environment Unit in 2015 and 2016 for potential
affects to historical architecture and archaeology. It was determined that no survey was required
for historical architecture or archaeological resources.
The project study area is comprised of mostly maintained roadway, hardwood forest, and a
nearby agricultural area. There are not addiflonal jurisdictional features associated with Bridge
209 otherthan Frank Creek.
NCDOT best management practices (BMPs) will be used to minimize and control sedimentation
and erosion. The construction foreman will review the BMPs daily to ensure erosion and
sedimentation is being effectively controlled. If the foreman determines the devices are not
functioning as intended, they will be replaced immediately with better devices.
Impacts to Waters of the United States
Frank Creek (DWR Class: WS-II; HQW, NSVI� is shown on the USGS topographic map as a
perennial stream. The channel is well defined with a substrate dominated by sand with some
bedrock and cobble and is approximately 12-15 feet in width. From the project site, Frank Creek
flows to its confluence with Stagg Creek. Stagg Creek then flows into Quaker Creek Reservoir
which outlets into Back Creek which flows to the Haw River. The Haw River meets the
deimition of a Traditional Navigable Water. For these reasons, we believe Frank Creek is a
Relatively Permanent Water and is under the jurisdiction ofthe U.S. Army Corps of Engineers.
In order to construct the project, it will be necessary to impact waters of the United States in the
Cape Fear River Basin (Hi7C 03030002). Specifically, NCDOT is requesting to replace Bridge
No. 209 with a 12' X T double barrel culvert. The impacts are listed in the table below:
�Nothing Compares�,�_
State ofNotlh Caroliva � Deparnnent of Transpotlafion � Division of gighways, Division 7 0ffice
1584 Yanceyville Sheet, Greensborq NC 27405� P. O. Box 14996, Greensborq NC 27415-4996
336-487-0000

Transportadon
PAT McCRORY
Govemor
NICHOLAS J. TENNYSON
secrerary
Jurisdictional Impact Summary
Perm. Temp. Perm. Temp.
Existiug Existing
Station Structure Size / Type I pacts Impaets Channel Channel
Impacts Impacts
(ac) ( ac) �� �
13+64 to 13+93 Double lYx7' RCBC 0.02 0.01 40 20
13+64 to 13+93 Bank Stabilization 0.02 0 60 0
Jordan Lake Buffer Impact Summary
Station Type Zone 1(ftZ) Zone 2(ft2)
t3+09 to 14+55 LT Roadway Fill 4,553 893
Total 4,553 893
�Nothing Compares��.
State of Notlh Carolina � Deparhnent ofTranspotlation � Division ofHighways, Division 7 0ffice
1584 Yanceyville Street, Greensboro, NC 27405� P. O. Box 1499G, Greensbom, NC 27415-499G
336-487-0000

;:�
Transportatlon
Permits Requested
PAT McCRORY
Govemor
NICHOLAS J. TENNYSON
Secrefary
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the conshuction project outlined above. We are also requesting a 401 Water Quality
Certification and Jordan Lake Riparian Buffer Authorization from the North Carolina Department
of Environment and Natural Resources (DENR), Division of Water Resources (DWR).
If you have any questions m• need additional information, please contact Jerry Parker at (336)
256-2063 or iparker(u�ncdot.gov. Your review and consideration are greatly appreciated.
Sincerely,
�• �'�v /�/�
J.M. Mills, PE
Division Engineer, Division 7
Enclosures
cc: Gary Jordan, USFWS (electronic copy)
Travis Wilson, WRCS (electronic copy)
Tim Powers, NCDOT (electranic copy)
Kim Whitley, Roadside Environmenta] Field Operations Engineer
Jeremy Warren, NCDOT
Chuck Edwards, District 1, District Engineer
�Nothing Compares��_
State oFNoith Carolina � Departmeut of Tranaportation � Division of Higfivays, Division 7 OH"ice
1584 Yanceyville Sheet, Greensboro, NC 27405� P. O. Box 14996, Greensborq NC 274IS-0996
336-487-0000