20171374 Ver 1_signed cover letter_20171030

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTA'TION
ROY COOPER
Goveallox
October 30, 2017
Mr. James Lastinger
Regulatory Specialist
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Dr.
Suite 105
Wake Forest, NC 27587
JAMES H. TROGDON, III
SECRETARY
SUBJECT: Nationwide Pemut #3
Bridge No. 107 on SR 1696 (Duggins Road) over Lynn Branch, Class C, Stokes County, NC
WBS Project NO.: 17BP.9.C.9
Dear Mr. Lastinger,
This request is for a Nationwide 3 pernut for the replacement of 2@ 96" Corrugated Meta1 Pipes (CMPs)
on SR 1696 (Duggins Road) over Lynn Branch, Class C, Stokes County. The elcisting pipes are
deteriorating and the headwalls are failing to the point of disrepair. A blow hole is present at the outlet of
the existing structure. The CMPs will be replaced with a single 15'-7" x 10'-2" Corrugated Aluminum
Slruchual Plate Pipe Arch (CASPPA) with headwall and endwall. The proposed structute will be butied
1' below the existing channel bed with 1.5' sills. The 1.5' sills will have a 6" low flow notch to match the
existing low flow width of the stream through the culvert. Interior baffles are also provided to fiuther
promote low flow condirions, through the shucture, which will also have the 6" low flow notch provided.
Bank stabilization is added at the inlet and outlet of the structure to stabilize the e�sting banks and
promote vegetation growth along the banks. Class II rip-rap is placed at the toe of the outlet for the
proposed structure to dissipate energy at the elcisting blow hole. All nahual, existing drainage patterns are
maintained for the proposed roadway. No drainage shuctures aze required.
I have attached the preconstruction notification application, vicinity map, topographic map, and pernut
drawings. Other attachments included are the Stormwater Management Plan (SMP), the `No Survey
Required' form for Archaeology and the `No Survey Required' form for Historic Architechue.
The project will permanently impact 271ineaz feet of stream for bank stabilizarion and 18 lineaz feet of
stream for the CASPPA with headwall and endwall, for a total of 45 lineaz feet of permanent impacts. 43
linear feet of temporary impacts are needed for dewatering to install bank stabilization and CASPPA
construction. NCDOT will construct the culvert according to Design Standards for Sensitive Watersheds
(DSS�.
The USFWS lists Schweinitz's sunflower (Flelianthus schweinitzii), Small-anthered bittercress
(Cardamine micranthera), and James spinyxnussel (Pleurobema collina) as endangered and the northem
long-eared bat (NLEB-Myotis septentrionalis) as threatened for Stokes County. Potenrial habitat for
Schweinitz's sunflower (Helianthus schweiniizii), Small-anthered bittercress (Cardamine micranthera),
James spiny mussel (Pleurobema collina) and the northern Long-eazed bat (NLEB-Myotis
MAilingAddress: Te[ephone: [phone] Location:
NC DEPARTMENT OF IRANSPORTATTON Fox: (336) 703fi693 375 SII.AS CREEK PARKWAY
DIVISION 9 Customer Service: 1-877368-4968 WINSTON-SAI.EM, NC 27127
375 SILAS CREEK PARKWAY
WAISTON-SALEM, NC 27127 Website: ww�v.ncdot.eov

septentrionalis), aze present in the project area. The project was surveyed for Schweinitz's sunflower
(Helianthus schweinitzii) on October 16, 2016, and no sunflowers were found. The project was surveyed
for Small-anthered bittercress (Cardamine micranthera) on May 1 I, 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
lmown hibernation and matemity sites in western North Carolina for the northern Long-eared bat (NLEB-
Myotis septentrionalis). According to information reviewed, Stokes County does not have any lmown
northem Long-eared bat (NLEB-Myotis septentrionalis) ]ubernation sites or maternity colonies. The
biological conclusion for the northem Long-eazed bat (NLEB-Myotis septentrionalis) is "may affect".
NCDOT has deternvned that Section 7 responsibilities have been fulfilled for the northern Long-eazed bat
(NLEB-Myotis septentrionalis) and the proposed action does not require separate consultation on the
grounds that the action is consistent with the 4(d) rule, codified at 50 C.F.R § 17.40(0) and effective
February 16, 2016.
For the proposed action, NCDOT has committed to the conservation measures listed below:
1. No alterations of a laiown lubernaculum's entrance or interior environment if it impairs an essential
behavior pattern, including sheltering Northem Long-eared bats (January 1 through December 31);
2. No tree removal within a 0.25 mile radius of a known hibernaculum (January 1 tlu-ough December
31); and
3. No cutting or destroying a imown, occupied maternity roost tree or any other tree within a 150-foot
radius from the known, occupied maternity roost tree 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
(Pleurobema collina). The biological conclusion is "May Affect, Not Likely to Adversely AffecY'. See
attached concurrence letter from the USFWS.
Bald Eagles aze 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 are utilized for nesting sites, typically within 1.0 mile of open
water. A desktop GIS assessment of the project study azea, as well as the area within a 1.13 mile radius (1
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. Since there was no foraging habitat within the reviewed area, a survey of the project
study azea and the azea wittrin 660 feet of the project limits was not conducted. Additionally, a review of
the October 2016 NCNHP database, revealed no known occurrences of this species within 1.0 mile of the
project study azea. Due to lack of habitat, no known occurrences, and minimal unpact anticipated for tivs
project, it has been determined that tlus project will not affect this species.
By copy of this letter, we also request 401 review and approval from the Division of Water Resources
with one copy of the application pacltage provided to Amy Chapman, Transportation Pemutting Unit
Supervisor, and Dave Wanucha, NCDOR Project Coordinator. Please chazge the application fee of $270
to WBS No. 17BP.9.C.9
If you have any questions, comments or need additional information after reviewing this material please
contact me at scbraquetna ncdotgov or [phone]. Thank you for your cooperation in this matter.

C lY,
Ste ianie Braquet
Division Environm tal Specialist
NCDOT Division 9
Attachments: Applicarion Package and plans
CC: NCDEQ-DWR Transporta6on Permitting Unit-Amy Chapman and Dave Wanucha
Matt Jones, PE NCDOT Division 9 Bridge Program Manager
Phil Suggs, NCDOT Division 9 and 10 Roadside Environmental Engineer