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HomeMy WebLinkAbout20181195 Ver 1_Permit Cover Letter_20180829STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR August 28, 2018 Ms. Amy Chapman N.C. Division of Water Resources 401 and Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 JAMES H. TROGDON, III SECRETARY SUBJECT: Pre-Construction Notiiication Pursuant to Nationwide Permit #3, 12 and #13 NCDOT Division 9 Bridge Replacement Program Project Bridge No. 410 on SR 1844 over Leonard Creek (Class C), Davidson County, NC WBS Number: 17BP.9.R.61 Dear Mrs. Chapman: We are requesting a Section 404 Nationwide Permit (NWP) #3, #12 and #13 for the replacement of Bridge No. 410 with a new bridge on the same alignment over Leonard Creek (Class C) on SR 1844 in Davidson County. In addition to the PCN, USGS and NRCS site excerpt maps, a"No Survey Required" form for Historic Architecture and Landscapes, a"No Archaeological Survey Required" form for Archaeological Resources, Permit Drawings and a Stormwater Management Plan are included. The project will permanently impact approximately 0.09 acre of wetlands for mechanized clearing of vegetation for the required utility line relocations and <0.01 acre of wetlands for bank stabilization along Leonard Creek. Impacts to Leonard Creek resulting from bank stabilization will result in permanent impacts of 179 linear feet. Temporary impacts (34 linear feet) to Leonard Creek will result from the dewatering of the two utility line crossings for the open cut installations that will be restored to the original contours upon completion. Protected Species The U.S. Fish and Wildlife Service (USFWS) lists Schweinitz's sunflower (Helianthus schweinitzii), as endangered, and Northern long-eared bat (Myotis septentrionalis) as threatened for Davidson County. There is habitat in the project area for Schweinitz's sunflower and bald eagle. No species of Schweinitz's sunflower were found during iield surveys of the proj ect area on October 22, 2014 and November 14, 2014, and no bald eagle nests were observed on January 27, 2015. A biological conclusion of "No Effect" was reached for Schweinitz's sunflower and bald eagle. There is summer roosting habitat in the existing bridge and the surrounding trees for Northern long-eared bat (NLEB). No evidence of bats using the bridge was found during an October 22, 2014 field review. The NCDOT determined that the proj ect `May Affect-Not Likely to Adversely Affect' the NLEB. Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION 9 375 SILAS CREEK PARKWAY WINSTON-SALEM, NC 27127 Telephone.• (336) 747-7800 Fax: (336) 703-6693 Customer Service.• 1-877-368-4968 Website: www.ncdot.gov Location: 375 SILAS CREEK PARKWAY WINSTON-SALEM, NC 27127 For NCDOT Divisions 9 through 14, maintenance and limited expansion of transportation facilities and limited tree removal (one acre or less) are allowed to proceed as long as known maternity roosts and hibernacula are protected pursuant to the following provisions: the activity must 1) be more than 0.25 mile from a known, occupied hibernacula, 2) avoid cutting known, occupied roost trees during the pup season(June 1-July 31), and 3) avoid clearcuts, i.e., cutting most or essentially all trees from an area, within 0.25 mile of known, occupied roost trees during the pup season. For the proposed action, and to address the 4(d) rule for streamline Section 7 consultation far NLEB, NCDOT has committed to the following conservation measures: 1) no alterations of a known hibernaculum's entrance or interior environment if it impairs an essential behavioral pattern, including sheltering NLEB (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 ar destroying a known, occupied maternity roost tree, or any other trees within a 150-foot radius from a known, occupied maternity roost 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. Section 17.40(0) and effective February 16, 2016. Section 7 responsibilities are therefore considered fulfilled. Bald eagles are protected under the Bald and Golden Eagle Protection Act. 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, using colar aerials from the year 2014. There are water bodies large enough and sufficiently open to be considered potential feeding sources that were identified. Since there was foraging habitat within the review area, a survey of the proj ect study area and the area within 660 feet of the project limits was conducted and found no nests. In addition, a review of the NCNHP records indicated no known bald eagle occurrences within 1.0 mile of the study area. Please charge the application fee of $570 to WBS Project 17BP.9.R.61. If you have any questions, comments or need additional information after reviewing this material please contact me at (336) 747-7800. Thank you for your cooperation in this matter. Sincerely, Digitally signed by Amy Euliss Am y E u I i s s DN: cn=Amy Euliss, o, ou=NCDOT Division 9, email=aeuliss@ncdot.gov, c=US Date: 2018.08.29 12:41:47 -04'00' Amy Euliss Division Environmental Officer, NCDOT Division 9 Attachments: Application package CC: Dave Wanucha, NCDEQ-DWR, Environmental Specialist- e-copy Phil Suggs, Division 9 and 10 Roadside Environmental Engineer- e-copy Eileen Fuchs, NCDOT Priority Projects Unit, e-copy Kevin Bailey, STV, e-copy