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Home My WebLink About20190397 Ver 1_401 Application_20190401Staff Review Does this application have all the attachments needed to accept it into the review process? � Yes � No ID#* 20190397 Version* � Is this project a public transportation project? * Is this a DOT C•' Yes �' No project?* Reviewer List:* Select Reviewing Office:* Submittal Type:* 401 Application � Yes � No Dave Wanucha:eads\djwanucha Winston-Salem Regional Office - (336) 776-9800 Does this project require a request for payment to be sent? * (' Yes r No Project Submittal Form * Please note: fields marked with a red asterisk beloware required. You will not be able to submit the form until all mandatory questions are ansv�red. Project Type: � New Project r Pre-Application Submittal r More Information Response r Other Agency Comments � For the Record Only (Courtesy Copy) New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre-Application Submittal - Please check the pre-application submittal if you just want feedback on your submittal and do not have the e�ectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an e�asting project. Project Contact Information Name: Kristi Lynn Carpenter for Carla Dagnino Who is subrritting the inforrration? Email Address: cdagnino@ncdot.gov Project Information Project Name: Widen NC 105 and Replace Bridge 5(R-2566, R-2566B, R-2566BA) Is this a public transportation project? r Yes � No Is the project located within a NC DCM Area of Environmental Concern (AEC)? � Yes � No � Unknown TIP#: R-2566 R-2566B R- 2566BA County (ies) Watauga WBS#: 37512.1.1 (Applies to DOT projects only) Please upload all files that need to be submited. Qick the upload button or drag and drop files here to attach docurrent R-2566 Watauga March 29 2019.pdf 2.08MB Only pdf or Ivre files are accepted. Describe the attachments: original submitted via email rJ By checking the box and signing box below, I certify that: � I ha�io ni�ion triio arriirato anrl rmm�loto infnrmatinn nn thic fnrm� - � ��u.., y�..,�� .�.. , .,.,..�u. , ��.....,��N�.,.., ��.,��u��.,�� .,�� .�� .,�� , o I agree that submission of this form is a"transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions AcY') o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions AcY'); o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the online form." Signature: �� tr.r u�jrrrr C'rrt,c�rrx�t Submittal Date: Isfilledinautomatically. ��STxiTEo,� ; ��v�`� o�y4� ��y ` _ � � ��a � m �� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR March 29, 2019 U. S. Army Corps of Engineers Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Attention: Mr. Steve Kichefski NCDOT Coordinator JAMES H. TROGDON, III SECRETARY Subject: Application for Section 404 Individual Permit and Section 401 Water Quality Certification for the proposed widening along NC 105 from SR 1136 (Clark's Creek Road) to SR 1107 (NC 105 Bypass) including the replacement of Bridge No. 5 over the Watauga River, Watauga County. TIP No. R-2566B and R-2566BA. Debit $570 from WBS 37512.1.1 Dear Sir: The North Carolina Deparhnent of Transportation (NCDOT) proposes to improve 5.5 miles of NC 105 from SR 1136 (Clark's Creek Road) to SR 1107 (NC 105 Bypass) in Boone, Watauga County (R-2566B). Additionally, NCDOT proposes to replace Bridge 5 over the Watauga River (R-2566BA). The purpose of this letter is to request approval for a Section 404 Individual Pernut and Section 401 Water Quality Certification. In addition to this cover letter, this application package includes the following for R-2566: ENG Form 4345, USFWS concurrence letter, DMS acceptance letter for both sections, 4B Meeting Minutes, stormwater management plan, final permit drawings for Section BA, preliminary permit drawings for Section B, roadway plans for Section BA. Purpose and Need This project has two primary purposes and one secondary purpose. A primary purpose of the project is to reduce congestion on NC 105 in order to achieve level of service (LOS) D or better in the design year (2040) during the average highest week day, and to achieve LOS E or better in the design year during the average highest weekend day. One segment on NC 105 between Foscoe and Boone currently operates at LOS E, and several segments and intersections are anticipated to operate at LOS E and F in the design year. Another primary purpose is to reduce rear-end and run-off-road crashes on NC 105. Crash types and rates on NC 105 have indicated a pattern of crashes related to terrain, geometry, congestion, and development. A secondary purpose is to improve bicycle facilities on NC 105 in areas where capacity or safety improvements are proposed. MailingAddress: Telephone: (919)707-6000 Locafion: NC DEPARTMENT OF TRANSPORTATION FCIS: �919� 212-5%RS 1�2� BIRCH RIDGE DRIVE ENVIRONMENT ANALYSIS UNIT Customer Service: 1-877-368-4968 RALEIGH NC 2%61� 1 S98 MAIL SERVICE CENTER Website: www.ncdot.gov Rni.E[Gx NC 27699-1598 Project Description The project corridor is 5.5 miles long. No improvements are recommended on the 1-mile section between Clark's Creek Road and the southern intersection of NC 105 and Old Shull's Mill Road. The following improvements are recommended: Section BA • Replacement of Bridge 5 over the Watauga River along with the realignment of SR1112 (Broadstone Road) and Old Tweetsie Road. Section B The section between Old Shull's Mill Road and Broadstone Road will consist of two 12-foot lanes (one in each direction) with 6-foot wide paved shoulders on both sides. The current design proposes to extend the existing climbing lane (located near Old Shull's Mill Road) to Broadstone Road. The section between Broadstone Road and NC 105 Bypass will consist of four 12-foot lanes, a 23- foot wide raised median and 6-foot wide paved shoulders. The intersection of NC 105/Old Shull's Mill Road (south) will be realigned and the NC 105/Old Shull's Mill Road (north) will be closed. Summary of Impacts Section BA (Final� Proposed permanent impacts to jurisdictional areas tota1203 linear feet of permanent impacts and 0.15 acre of temporary impacts to jurisdictional streams. There are no impacts to jurisdictional wetlands. There will be no impacts to jurisdictional resources due to utilities for Section BA. Section B (Preliminary� Proposed preliminary impacts to jurisdictional areas tota10.54 acre to riparian wetlands, 3,995 linear feet to jurisdictional steams and 0.01 acre to open water. Potential impacts due to utility relocation will be addressed prior to Letting of Section B. Summary of Mitigation The NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest extent possible. The Department has acquired the compensatory mitigation for these unavoidable impacts from the North Carolina Department of Environmental Quality (NCDEQ)-Division of Mitigation Services (DMS) for both the BA section and the preliminary impacts presented for Section B. Project Schedule Currently, R-2566BA is scheduled to Let September 17, 2019, however this project may be accelerated if funding becomes available. R-2566B is scheduled to Let on October 18, 2022. NEPA Document Status The Environmental Assessment (EA) was approved in September 2016. A Finding of No Significant Impact (FONSI) was completed in June 2018. These documents are available at https://xfer. services.ncdot.gov/pdea/EnvironmentalDocs/Documents/. NEPA Merger Process R-2566 was originally proposed as a 16.4-mile project from US 221 in Linville to SR 1107 (NC 105 Bypass) in Boone. Concurrence Points (CP) 1 and 2 were completed in August 2010 and March 2012, respectively for the originally proposed project. The project was shortened removing the A section between Linville and Foscoe. The remaining 5.5-mile, Section B was carried forward and CP 1 and 2 were revisited in August 2014 with the new information. Meetings for CP 3 and 4A were held in March 2017. . Subsequent meetings for CP 4A were held in July 2017 and March 2018 to address concerns from the merger team. An informal CP 4B for Section BA was held in August 2018. It was determined at that time that a CP 4C meeting was not necessary if issues with the design were addressed at an on-site meeting. This on-site meeting occurred on in late August 2018. CP 4B and 4C for Section B will occur once that section reaches preliminary design. Resource Status The project is located in Watauga River Basin and lies within Hydrologic Unit 06010103. The Watauga River and its tributaries in the project area is rated as Class B, Tr, HQW. Laurel Fork and its tributaries is rated as Class C, Tr. No streams impacted are listed in the Final 2014 303(d) report. This is within the northern mountain physiographic region. A jurisdictional wetland and stream verification was conducted on April 19, 2016. Written verification has not been issued. Impacts to Jurisdictional Resources Wetlands Wetland impacts occur in the Watauga River Basin in HUC 06010103. Wetland impacts for R-2566B/BA tota10.54 acre. Table 1 lists the impacts to wetlands for this project. Impacts are based upon final design for R-2566BA and preliminary impacts for R-2566B. Section BA — Wetland Impacts (Final) There are no impacts to jurisdictional wetlands associated with Section BA. 'able 1. R-2566B Wetland Im acts (Preliminar ) Permit JD Map Drawing Site Label Type Permanent Impacts (ac.) Number 2 WBZ Riparian 0.02 3 WBZ Riparian 0.03 7 WCC Riparian 0.02 10 WCD Riparian 0.01 11 WCF Riparian 0.02 Permit JD Map Drawing Site Label Type Permanent Impacts (ac.) Number 13 W G Riparian 0.03 17 W I Riparian 0.08 20 W K Riparian 0.06 27 WCQ Riparian 0.03 32 W U Riparian 0.03 33 W V Non-riparian <0.01 35 W X Riparian 0.02 40 W A Riparian <0.01 Additional Impact* 0.17 Total: 0.54 *Preliminary impacts were calculated as the slope stake +25 feet. However, it has been determined that in some areas of severe slopes, the true impact may exceed +25 feet. Streams Surface water impacts occur in the Watauga River Basin in HLTC 06010103. Permanent stream impacts for R-2566B/BA totals 4,198 linear feet. Tables 2-4 list the site number, reference number, stream name and amount of impact. Table 2. R-2566BA Streams Im acted and Descri tion Final Permit Drawing Site JD Map Label Stream Name PerenniaUIntermittent Number 1 SGS UT to Watau a River Perennial 2 Watau a River W tau a River Perennial 3 Laurel Fork Laurel Fork Perennial 4 SGT UT to Laurel Fork Perennial 5 SGU UT to Laurel Fork Perennial Table 3. R-2566BA Stream Im acts (Final) Permit Permanent Stream Temporary Stream Drawing Impact Type Site Number Impacts (ft) Impacts (ft) 1 24" CSP/Fill 100 10 2 Work ad/Biofiltration conve ance 0 274 3 60" SSP/Dewaterin 0 70 4 60" SSP/Fill 73 22 5 60" SSP/Fill 30 21 Total 203 397 Table 4. R-2566B Streams Im acted and Descri tion Preliminar Permit Permanent Drawing `�abeap Stream Name Perennial/Intermittent Impact Site Number (Preliminar ) 1 SFU UT to Watau a River Perennial 65 4/6/8 SFV UT to Watau a River Perennial 479 5/7 SFW UT to Watau a River Perennial 169 9 BBlg h Big Branch Perennial 163 10 SGB UT to Watau a River Perennial 77 11 SGD UT to Watau a River Perennial 132 12 SGE UT to Watau a River Perennial 93 14/15 SGF UT to Watau a River Perennial 66 16 SGH UT to Watau a River Perennial 135 18 SGG UT to Watau a River Perennial 42 19 SGJ UT to Watau a River Perennial 90 20 SGO UT to Watau a River Perennial 42 21 SGO/SGP UTs to Watau a River Perennial 242 25 SGZ UT to Laurel Fork Perennial 217 26 SHB UT to Laurel Fork Perennial 152 27 SHC UT to Laurel Fork Perennial 248 28 SHD UT to Laurel Fork Perennial 50 29 SHE UT to Laurel Fork Perennial 54 30 SHF* UT to Laurel Fork Perennial 73 31 SHH UT to Laurel Fork Perennial 52 32 SHK UT to Laurel Fork Perennial 130 34 SHO UT to Laurel Fork Perennial 115 35 SHW UT to Laurel Fork Perennial 268 36/37 SHZ UT to Laurel Fork Perennial 150 38 SIC UT to Laurel Fork Perennial 59 39 SID UT to Laurel Fork Perennial 40 Permit JD Map Permanent Drawing Label Stream Name Perennial/Intermittent Impact Site Number (Preliminar ) 42 Laurel Laurel Fork Perennial 131 Fork AdditionalIm act�� 461 Total 3,995 *Stream was not included in the JD package but was covered under the NRTR. ** Preliminary impacts were calculated as the slope stake +25 feet. However, it has been determined that in some areas of severe slopes, the true impact may exceed +25 feet. Open Water There are no permanent open water impacts associated with Section BA. There is a proposed permanent open water impact associated with Section B. Site 41 is estimated to have <0.01 acre of impact due to fill in a pond. Protected Species As of June 27, 2018, the United State Fish and Wildlife Service (USFWS) lists eleven (11) federally protected species for Watauga County (Table 5). Cable 5. Federall protected s ecies listed for Dare County Common Name Scientific Name Status Habitat Biological Presence Conclusion Bog turtle Glyptemys muhlenbergii T(S/A) No Not Required Carolina northern flyingGlaucomys sabrinus E No No Effect s uirrel coloratus Gray bat yotis grisescens E Yes MANLAA orthern long-eared bat yotis septentrionalis T Yes * irginia big-eared bat Corynorhinus townsendii E Yes MANLAA vir inianus Rusty-patched bumble ombus a�nis E NA ** ee Spruce-fir moss spider icrohexura montivaga E No No Effect B1ueRidge goldenrod Solidago spithamaea T No No Effect Heller's blazing star iatris helleri T No No Effect Roan mountain bluet edyotis purpurea var. E No No Effect montana Spreading avens Geum radiatum E No No Effect MANLAA- May Affect, Not Likely to Adversely Affect *May Affect — NLEB is compliant with the 4(d) rule. **The Service does not require surveys for rusty-patched bumble bee in North Carolina because FWS assumes the state is unoccupied by the species. USFWS Concurrence Informal concurrence for biological conclusions of May Affect, Not Likely to Adversely Affect was requested for gray bat and Virginia big-eared bat from the USFWS on June 22, 2018. Concurrence was received on June 28, 2018 agreeing with NCDOT's biological conclusion. The Northern long-eared bat is considered to be compliant with the 4(d) rule. All other species listed for Watauga County received biological conclusions of No Effect and did not require concurrence. Hellbender The hellbender has been proposed for listing as an endangered species by the USFWS. However, there is currently no date as to when it would receive protected status. NCDOT is coordinating with the USFWS and NCWRC about conservation measures for the species in the event the species receives its official listing during this project's construction. Surveys have been conducted within the project area, identifying areas in which the hellbender is present. Proposed protective measures have been recommended by the NC Wildlife Resources Commission (NCWRC). These measures are the following: • In-water work moratorium from April 1 to November 1, to protect the early life stages and spawning activities of the hellbender • Rescue and relocation right before the causeway installation if possible — NCDOT will assist NCWRC with personnel and equipment if the river conditions are acceptable for staff to enter. Bald and Golden Eagle Protection Act (BGPA) 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 March 5, 2019. The Watauga River is large enough and sufficiently open to be considered potential feeding source. A review of the NCNHP database updated January 2019 revealed the presence of an eagle nest along Old Shulls Mill Road at River Pointe Lane. This nest was confirmed to be active as of April 2018. The location of this nest is well outside 660 feet of the construction area of this project and will not be affected. Moratoria There is a trout moratorium for all streams in the proj ect area from October 15th through April 151h prohibiting in-water work and land disturbance within 25 feet of the stream. The NCWRC has indicated that this moratorium will be waived in place of the longer moratorium mentioned above for the hellbender. Cultural Resources It has been determined that two properties were recommended eligible for listing with the National Register of Historic Places (NRHP); the Prout-Atkins House and Ed & Falah Hollars House. However, the Best-Fit Alternative will not require any right-of-way from these properties. Archaeological surveys were conducted at potential historical sites along the corridor in Apri12017. It was determined that potential sites were deemed ineligible for the NRHP. FEMA Compliance The project has been coordinated with appropriate state and local officials and the Federal Emergency Management Agency (FEMA) to assure compliance with FEMA, state, and local floodway regulations. Indirect and Cumulative Effects NCDOT prepared an Indirect and Cumulative Effects Screening Report in January 2011 which assessed the original proposed project length of 16.4 miles. Project length has since been reduced to approximately 5 miles, comprised of the northernmost portion of the original length. The ICE screening matrix was reevaluated in 2019 given the revised project criteria, rendering a determination of Indirect Scenario Assessment Not Likely. No Land Use Scenario Assessment appears to be warranted for the project as currently proposed. The reduced scope of the project and associated time savings, along with the limited regional population growth, indicate a low probability that the project will affect regional land use patterns over the long term, beyond that which would occur under the No-Build scenario. Wild and Scenic Rivers There have been no waterbodies within the study area that have been designated under the National Wild and Scenic Rivers Act of 1968. Mitigation Options The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining, unavoidable jurisdictional impacts. Avoidance measures were taken during planning and NEPA compliance stages; minimization measures were incorporated as part of the project design. Avoidance and Minimization All jurisdictional features were delineated, �eld veriiied and surveyed within the corridor for R-2566B/BA. Using these features, preliminary designs were adjusted to avoid and/or minimize impacts to jurisdictional areas. NCDOT employs many strategies to avoid and minimize impacts to jurisdictional areas in all of its designs. Many of these strategies have been incorporated into BMP documents that have been reviewed and approved by the resource agencies and which will be followed throughout construction. All wetland areas not affected by the project will be protected from unnecessary encroachment. Individual avoidance and minimization items are as follows: • The Best-Fit Alternative uses the fewest improvements that would result in meeting the purpose of the project. This alternative also allows to avoid or minimize impacts to the Watauga River and Laurel Fork. • NCDOT Design Standards in Sensitive Watersheds will be employed throughout the project. • Minimizing roadway side slopes to the maximum extent possible, including the use of retaining walls in the vicinity of the Watauga River. • Roadway was shifted away from the Watauga River to minimize impacts. • Roadway adj acent to the Watauga River will be a three-lane road, as opposed to a 4-lane divided to reduce impacts. • Roadway and bridge runoff in the vicinity of the Watauga River will be routed to a biofiltration conveyance. Compensation The NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as described above. The unavoidable permanent stream impacts of 3071inear feet and wetland impacts of 0.02 acre will be offset by compensatory mitigation provided by the North Carolina Department of Environmental Quality (NCDEQ)-Division of Mitigation Services (DMS). Compensation for the preliminary impacts to Section B are covered by DMS. Acceptance letters from DMS are attached. Regulatory Approvals Section 404: Application is hereby made for a USACE Individual 404 Permit as required for the above- described activities. Section 401: We are requesting a Section 401 Water Quality Certification from NCDWR. We are providing this application to NCDEQ, for their approval. Authorization to debit the $570 Permit Application Fee from WBS Element 45449.1.1 is hereby given. A copy of this permit request and its distribution list will be posted on the NCDOT website at: https://connect.ncdot. gov/resources/Environmental/Pages/default. aspx. Thank you for your assistance with this project. If you have any questions or need additional information, please contact Jason Dilday at jldilday@ncdot.gov or (919) 707-6111. Sincerely, C�.� T��G�`� �e2 Philip S. Harris III, P.E., C.P.M. �� Environmental Analysis Unit Head cc: NCDOT Permit Application Standard Distribution List U.S. ARMY CORPS OF ENGINEERS FormApproved- APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB No. 0710-0003 33 CFR 325. The proponent agency is CECW-CO-R. Expires: 30-SEPTEMBER-2015 Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE F/LLED BYAPPL/CANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Philip Middle - S Last - Harris First - Middle - Last - Company - NCDOT-EAU Company - E-mail Address -pharris@ncdot.gov E-mail Address - 6. APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS: Address- 1598 Mail Service Center Address- City - Raleigh State - NC Zip - 27699 Country -USA City - State - Zip - Country - 7. APPLICANT'S PHONE NOs. w/AREA CODE 10. AGENTS PHONE NOs. w/AREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax 919-707-6001 STATEMENT OF AUTHORIZATION 11. I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. SIGNATURE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) R-2566 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Watauga River and UTs, Laurel Fork and UTs Address 15. LOCATION OF PROJECT Latitude: �N 36.194317 Longitude: �W -81.745241 City - State- Zip- 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID Municipality Section - Township - Range - ENG FORM 4345, DEC 2014 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 7. DIRECTIONS TO THE SITE �ee attached vicinity map and cover letter. 18. Nature of Activity (Description of project, include all features) R-3421B proposes to widen a 5.5 mile section ofNC 105 from Clark's Creek Road (SR1136) to the NC 105 Bypass (NC ll07), which includes the replacement of Bridge 5 over the Watauga River. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) This project has two primary purposes and one secondary purpose. A primary purpose of the project is to reduce congestion on NC 105 in order to achieve level of service (LOS) D or better in the design year (2040) during the average highest week day, and to achieve LOS E or better in the design year during the average highest weekend day. One segment on NC 105 between Foscoe and Boone currently operates at LOS E, and several segments and intersections are anticipated to operate at LOS E and F in the design year. Another primary purpose is to reduce rear-end and run-off-road crashes on NC 105. Crash types and rates on NC 105 have indicated a pattern of crashes related to terrain, geometry, congestion, and development. A secondary purpose is to improve bicycle facilities on NC 105 in areas where capacity or safety improvements are proposed. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Impacts will result from widening the roadway, shoulders, and replacement of bridge components. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards See attached cover letter. 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres See attached cover letter. or I Linear Feet See attached cover letter. 23. Description of Avoidance, Minimization, and Compensation (see instructions) See attached cover letter. ENG FORM 4345, DEC 2014 Page 2 of 3 24. Is Any Portion of the Work Already Complete? �Yes �No IF YES, DESCRIBE THE COMPLETED WORK I 25. AddfesseS of Adjolning Propefty OWners, Lessees, EtC., Whose PrOpefty AdjolnS the Watefbody (if more than can be entered here, please attach a supplemental list). a. Address- See attached list. City - b. Address- City - c. Address- City - d. Address- City - e. Address- City - State - Zip - State - Zip - State - Zip - State - Zip - State - Zip - List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER �' Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. �� G%y�./Zd March 29, 2019 SIGNATURE O APPLICANT DATE SIGNATURE OF AGENT DATE 2- Philip S. Harris, P.E. T Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, DEC 2014 Page 3 of 3 QPQ�MgNT OF Ty�i o�' y� � � � �'9ACH 3 �$A United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Suite #B Asheville, North Carolina 28801 June 28, 2018 Mr. Phil Harris North Carolina Department of Transportation Project Development and Environmental Analysis Unit 1598 Mail Service Center Raleigh, NC 27699-1598 v.s. � a wu,m.u� 8ERVICE � ��t��,�2�E � Subject: Endangered Species Concurrence for the Proposed Improvements to NC 105 From SR 1136 to SR 1107, Including Replacing Bridge No. 5 Over the Watauga River, Watauga County, North Carolina, TIP Project Nos. R-2566B and R-2566BA. Dear Mr. Harris: We have reviewed your concurrence request and supporting documentation regarding potential impacts to the federally endangered Virginia big-eared bat (Corynorhinus townsendsii virginianus) and gray bat (Myotis grisescens) from implementation of the subject project. We provide the following comments in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). The North Carolina Department of Transportation (NCDOT) proposes to widen NC 105 from the NC 105 By-pass in Boone to Clark's Creek Road near Foscoe in Watauga County. The project length is about 5.5 miles and includes widening the existing roadway and replacing the bridge over the Watauga River. At the time this project was originally proposed, there was a known Virginia big-eared bat (VBEB) hibernaculum near the project but there was little to no information about where those bats went in the summer and if a maternity colony was present in the area. In an effort to address these questions regarding VBEBs and potential project impacts, an extensive two year monitoring project, led by Indiana State University (ISU), was conducted from 2013 through 2014. ISU scientists captured 42 female and 2 male VBEBs, fitted them with radio transmitters and tracked them to 35 roost sites including the first known maternity roost site for this species in North Carolina. All of the summer roosts, with the exception of one, are located in Avery County well to the north and west of the project area. One maternity roost is located in Watauga County near Beech Mountain (�l lkm northwest of the project). While foraging at night, most bats foraged inside and away from the boundaries of NC 105 in Avery County, near their summer roost sites. The widening for R-2566B and BA, is in an area where Virginia big-eared bats are not known to forage. Because gray bats are known to use bridges and culverts as roosts, all existing structures impacted by the project that could provide suitable roost habitat for bats were examined for evidence of bat use and none was found. In addition no gray bats are documented from hibernacula in the area and none were seen in summer roost sites occupied by VBEB. Based on the results of the VBEB monitoring and movement data in the project area, negative structure checks, and a commitment by NCDOT to inspect the existing bridge over the Watauga River for bats prior to bridge demolition, we agree that implementation of this project is "not likely to adversely affect" Virginia big-eared and gray bats. Therefore, the requirements under section 7(c) of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered i£ (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. If you have questions about these comments please contact Ms. Marella Buncick of our staff at 828/258-3939, Ext. 237. In any future correspondence concerning these projects, please reference our Log Number 10-244. Sincer y, . anet Mizzi Field Supervisor cc (electronic): Felix Davila, FHWA Marissa Cox, NCDOT