20171361 Ver 1_signed cover letter_20171025

STATE OF NORTA CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
Gove�wox
October 25, 2017
Mr. James Lasringer
Regulatory Specialist
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington Dishict
3331 Heritage Trade Dr.
Suite 105
Wake Forest, NC 27587
JAMESH.TROGDON,III
SECRETARY
SUBJECT: Nationwide Pemut #3
Bridge No. 128 on SR 1433 (Puckett Road) over Ellc Creek, Class C, Stokes Counry, NC
WBS Project No.: 17BP.9.C.6
Dear Mr. Lastinger,
This a request for a Nationwide 3 pemut for the replacement of 23'-2" x 14'-0" Oval Metal Pipe with
mitered inlet/outlet with a single 24'-3" x 15'-10" Corrugated Aluminum Structural Plate Pipe Arch
(CASPPA) on SR 1433 (Puckett Road) over Elk Creek, Class C, Stokes County. I have attached the
preconstruction notification application, vicinity map, topographic map, and permit drawings. Other
attachments included aze the Stormwater Management Plan (SMP), the `No Survey Required' form for
Archaeology and the `No Survey Required' form for Historic Architecture.
The project will permauently impact 35 linear feet of stream for bank stabilization. There will be 40 linear
feet of temporary impacts for dewatering to install bank stabilization and CASPPA construction. NCDOT
will construct the culvert according to design Standards for Sensi6ve Watersheds (DSSV�.
The U.S. Fish and Wildlife Service (iJSFWS) lists Schweinitz's sunflower (Helianthus schweinitzii),
Small-anthered bittercress (Cardamine micranihera), the Northem long-eared bat (Myotis
septentrionalis), and James spiny mussel (Pleurobema collina) as endangered for Stokes County.
Potearial habitat for Schweinitz's sunflower (Helianthus schweinitzii), Small-anthered bittercress
(Cardamine micranthera), the Northern long-eazed bat, and the James spiny mussel are present in the
project area. The project area was surveyed for Schweinitz's sunflower (Helianthus schweinitzii) on
October 20, 2016, and no sunflowers were found. The project was surveyed for Small-anthered bittercress
(Cardamine micranthera) on May 11, 2016 and none were found. The biological conclusion for
Schweinitz's sunflower (Helianthus schweinitzii) and Small-anthered bittercress (Cardamine
micranthera) is "no effecY'.
A review of USFWS Asheville Ecological Field Office website was conducted to identify locations of
known hibernation and maternity sites in westem North Carolina for the Northern long-eazed bat (Myotis
septentrionalis). According to information reviewed, Stokes County does not have any known Northern
long-eazed bat lubernation sites or matemity colonies. The biological conclusion for the Northern long-
eazed bat is "may effecY. NCDOT has deternuned that Section 7 responsibilities have been fulfilled for
the Northern long-eazed bat and the proposed acrion does not require sepazate consultation on the grounds
MailingAddress:
NC DEPARTMENT OF 1RANSPORTATfON
DIVISION 9
375 SILAS CREEK PARKWAY
WINSTON-SALEM, NC 27127
Telephone: [phone]
Fat:[phone]
Customer Service: 1-877-368-0965
Website: ww�v.ncdot.eov
Location:
375 SILAS CREEK PARKWAY
WINSTON-SALEM, NC 27127

that the action is consistent with the 4(d) rule, codified at 50 C.F.R. § 17.40(0) and effecfive February 16,
2016.
For the proposed action, NCDOT has committed to the conservation measured listed below:
1) No alterations of a known hibernacutum's entrance or interior environment if it unpairs
an essential behavior pattern, including sheltering northem long-eazed bats (January 1
through December 31);
2) No tree removal witlun a 0.25 mile radius of a lrnown hibernaculum (January 1 through
December 31); and
3) No cutting or destroying a known, occupied matemity roost tree or any other tree within a
150-foot radius from the lmown, occupied maternity roost lsee during the period from
June 1 through and including July 31.
The project azea was surveyed by USFWS and NCDOT on August 16, 2016 for the James spiny
mussel. The biological conclusion is "May Affect, not likely to Adversely AffecY'. See attached
concurrence letter from the USFWS.
Bald eagles are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection
Act. Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open
water for foraging. Large dominant trees aze utilized for nesring sites, typically within 1.0 mile
of open water.
A desktop GIS assessment of the project study area, as well as the area within a 1.13 mile radius
(1.0 mile plus 660 feet) of the project limits, was performed on October 20, 2016, using 2014
color aerial photographs. No water bodies lazge enough to be considered potential feeding
sources for bald eagles were identified. An additional field survey was performed on October
20, 2016 to look for bald eagles and nests within 660 feet beyond the project study azeas. No
bald eagles or nests were observed during the survey. Additionally, a review of the October
2016 NCNHP database, revealed no lmown occurrences of this species within 1.0 mile of the
project study azea. Due to the lack of habitat, no lmown occurrences, and minimal impact
anticipated for this project, it has been deternuned that this project will not affect this species.
This notification is solely for the record for NCDEQ-DWR 401 Certification because written approval is
not required.
If you have any questions, comments or need additional information after reviewing this material please
contact me at scbraquet�a,ncdot. o�v or [phone]. Thank you for your cooperation in tlus matter.
S ce ly,
Steph 'e Braquet
Division Environmental Specialist
NCDOT Division 9
Attachments: Application Package and plans
CC: Matt Jones, PE NCDOT Division 9 Bridge Program Manager
Phil Suggs, NCDOT- Area Roadside Environmental Engineer- e-copy