20161131 Ver 1_RE Request for Additional Information B-5345 Guilford County_20161201

Strickland, Bev
From:Mason, James S
Sent:Thursday, December 01, 2016 4:28 PM
To:Bailey, David E CIV USARMY CESAW (US)
Cc:Dagnino, Carla S; Wanucha, Dave
Subject:RE: Request for Additional Information; B-5345, Guilford County
Attachments:B-5345 CE 11-12-15 FINAL.pdf
Dave-

I have spoken to our Hydraulics Unit and also gathered the information related to the detour, Section 7, and NHPA
questions. I have also attached a copy of the CE for your reference. A copy of this CE, as well as all CEs and other NEPA
documents for projects in the permitting stage, is also available on the NCDOT Website at
, under Quick Links > Environmental Documents. The
https://connect.ncdot.gov/resources/Environmental/Pages/default.aspx
answers in this email are in the order of the questions/comments from your previous email.

1.From Jason Lawing at Kimley-Horn, who did the hydraulic design: We had not considered putting down

fabric in the wetland areas. We are calling to re-grade/re-establish the ground impacted by the
detour. See the cross sections in the permit package. One issue is the detour covers over
the existing roadside ditches along the main line. Therefore, they need to be re-established once
the detour is removed, which the cross sections show. In order to achieve an acceptable ditch depth the
ground outside the proposed ditch was slightly higher than the existing condition ground. We did our
best to match natural ground when possible with the design, but in some cases were unable to. If we
call to put fabric down and remove the detour back down to the pre-existing contours then the
proposed ditch will no longer function as designed.
2.Section 7 ESA and Section 106 NHPA issues

a.Section 7 ESA:

i.A habitat assessment for small whorled pogonia was completed in 2012; it was

determined by biologists from Michael Baker Engineering that no habitat was present
and no surveys were required. A biological conclusion of No Effect was rendered for this
species.
ii.The US Fish and Wildlife Service has developed a programmatic biological opinion (PBO)

in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of
Engineers (USACE), and NCDOT for the northern long-eared bat (NLEB) (Myotis
septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT program in
Divisions 1-8, including all NCDOT projects and activities. The programmatic
determination for NLEB for the NCDOT program is May Affect, Likely to Adversely
Affect. The PBO provides incidental take coverage for NLEB and will ensure compliance
with Section 7 of the Endangered Species Act for five years for all NCDOT projects with a
federal nexus in Divisions 1-8, which includes Guilford County, where B-5345 is
located. This level of incidental take is authorized from the effective date of a final
listing determination through April 30, 2020.
iii.A nesting survey for bald eagle within 660 feet of the study area was performed in April

2012 due to the presence of foraging habitat within 1.0 mile of the project (Lake
Higgins). No bald eagle nests were observed within the search polygon. Due to the lack
of observed nests or known occurrences and minimal impact anticipated for this
project, it has been determined that this project will not affect this species.
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iv.A review of the NC Natural Heritage Program database on December 1, 2016 (updated

October 2016), revealed no known occurrences of any species within 1.0 mile of the
project.
b.Section 106 NHPA:

i.Historic Architecture: NCDOT – Human Environment Section, under the provisions of a

Programmatic Agreement with FHWA, NCDOT, Historic Preservation Office (HPO), Office
of State Archaeology (OSA) and the Advisory Council on Historic Preservation (effective
July 1, 2009), reviewed the proposed project and determined that no historic properties
are located within the project’s area of potential effect and that no surveys are required
(see form dated January 4, 2012 in the CE Appendix).
ii.Archaeology: NCDOT – Human Environment Section, under the provisions of a

Programmatic Agreement with FHWA, NCDOT, HPO, OSA and the Advisory Council on
Historic Preservation (effective July 1, 2009), reviewed the proposed project and
determined that no prehistoric or historic properties are located within the project’s
area of potential effects and that no surveys are required (see form dated January 10,
2012 in the CE Appendix).
3.Justification for use of on-site detour vs. off-site detour (this information was also provided via email on

11/29/2016)
a.Below is the language for the on-site detour justification from the B-5345 CE:

“Although the environmental impacts are higher for the replace in-place with an onsite
detour alternative compared with an offsite detour alternative, the almost 5 mile offsite
detour would significantly impact the school buses and vehicular traffic utilizing SR 2136
(Fleming Road). Given the use of SR 2136 (Fleming Road) by school buses and
emergency vehicles, the delay created by the detour is undesirable. NCDOT Division 7
concurs that the preferred alternative is a replace in-place with an onsite detour.”

b.Below is the comment from the CE about the school system preference for the on-site detour:

“The only project specific comment received was from Guilford County Schools. They
expressed concern about the off-site detour alternatives due to increased bus route
times and the safety of buses traveling on narrow detour routes.”

c.Additionally, below is the traffic information from the CE:

“The current traffic volume of 5,700 vehicles per day (VPD) is expected to increase to
9,900 VPD by the year 2040. The projected volume includes one percent truck-tractor
semi-trailer (TTST) and two percent dual-tired (DT) vehicles. The posted speed limit is 45
miles per hour in the project area. Eighteen school buses cross the bridge on their
morning and afternoon routes daily.”

Please let me know if you require any additional information or have any questions about the information provided.

Thanks,

Jim

-----Original Message-----
From: Bailey, David E CIV USARMY CESAW (US) \[mailto:[e-mail]\]
Sent: Wednesday, November 30, 2016 8:00 AM
To: Mason, James S <[e-mail]>
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Cc: Dagnino, Carla S <[e-mail]>; Wanucha, Dave <[e-mail]>
Subject: Request for Additional Information; B-5345, Guilford County

Jim,

Thank you for the PCN and plans for the above referenced project. I have a few questions to resolve prior to processing
the Nationwide Permit 3 verification. Please respond to the items below:

1) The wetland impacts for the temporary detour causeway/bridge are labeled as permanent. However, typically
wetland areas within the temporary detour corridor would be restored after the temporary detour is removed. If these
wetland areas can be restored, please change those impacts on the PCN and plans to temporary, include a paragraph
describing the restoration of those wetland areas (i.e. re-establishing grade, prepping compacted soils, replanting,
timeline, etc.), and recalculate total permanent wetland impacts to determine if compensatory mitigation is still
required. If these wetland impacts cannot be restored please describe why this is not practicable.

2) Please provide documentation to resolve Section 7 ESA and Section 106 NHPA issues. References were made in the
PCN to NEPA documentation, but this was not included in the permit application package.

3) Please provide information (brief) as to why an offsite detour is not practicable for this project, for avoidance and
minimization purposes.

Please submit the requested information above (via e-mail is fine) within 30 days of receipt of this Notification,
otherwise we may deny verification of the use of the Nationwide Permit or consider your application withdrawn and
close the file. If you have any questions please let me know.

-Dave Bailey

---
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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