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HomeMy WebLinkAbout20140090 Ver 6_U-2579B Permit Renewal and ATF Modification_20190919Wanucha, Dave From: Dagnino, Carla S Sent: Thursday, September 19, 2019 4:43 PM To: Braspennickx, Nicholle M CIV USARMY CESAW (US) Cc: Turchy, Michael A; Matthews, Monte K SAW; Chapman, Amy; Wanucha, Dave Subject: RE: [External] RE: U-2579B Permit Renewal and ATF Modification, Forsyth County Attachments: R-2247_U-2579 NLEB 4D memo.pdf Hi Nicholle, Michael and I spoke about the timeframe for this renewal/ATF and 3 years is fine. The 10 years was in anticipation of the construction that will occur for the relocation, but surely it will not need that length of time either. We should know more about the timeframe needed once we apply for the next modification. The NLEB has been listed for protection in Forsyth County since the permit was issued in 2014. The 4(d) memo (attached) was submitted to the USFWS in 2017 prior to the permitting for the entire beltway project (this included the B Section as well). No further coordination is needed for Section 7. The ATF modification occurred in an area that was part of the original evaluation for eligibility on the NRHP for this project. No new areas are part of the request for this modification. Thanks for looking at this so quickly and please let me know if you have any additional questions. Carla -----Original Message ----- From: Braspennickx, Nicholle M CIV USARMY CESAW (US) <Nicholle.M.Braspennickx@usace.army.mil> Sent: Thursday, September 19, 2019 1:59 PM To: Dagnino, Carla S <cdagnino@ncdot.gov>; Chapman, Amy <amy.chapman@ncdenr.gov> Cc: Turchy, Michael A <maturchy@ncdot.gov>; Earley, Jessica S <jsearley@ncdot.gov>; Abernathy, Brett <jbabernathy@ncdot.gov>; Archer Sr, Wright <warcher@ncdot.gov>; Kiser, Marcus K <mkkiser@ncdot.gov>; Euliss, Amy <aeuliss@ncdot.gov>; Puckett, Lester L <Ipuckett@ncdot.gov>; Wanucha, Dave <dave.wanucha@ncdenr.gov> Subject: [External] RE: U-2579B Permit Renewal and ATF Modification, Forsyth County CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Hello ! Monte spoke w/ Michael T. today - the Corps does not generally provide 10 year extensions on IP's - unless there is a need for a 10 year extension (i.e. maintenance dredging or if there was 1 permit for the whole beltway type thing..).. so Michael is figuring out how much time is needed for the extension - IPs are generally good for 3 years.. and we can extend them to 5 years if the project warrants it. Also - have additional ESA species been listed in the project area since permitting? I realize FHWA is the lead - but I'm asking if ESA needs to be updated for the project. Less likely - are there changes that warrant Section 106 revisit? Again - FHWA is the lead - I'm assuming the modification took place in an area that was surveyed or evaluated.. just double checking. Thank you ! Sincerely, Nicholle Braspennickx 704-510-0162 -----Original Message ----- From: Dagnino, Carla S [mailto:cdagnino@ncdot.gov] Sent: Wednesday, September 18, 2019 12:01 PM To: Braspennickx, Nicholle M CIV USARMY CESAW (US) <Nicholle. M.Braspennickx@usace.army.mil>; Chapman, Amy <amy.chapman@ncdenr.gov> Cc: Turchy, Michael A <maturchy@ncdot.gov>; Earley, Jessica S <jsearley@ncdot.gov>; Abernathy, Brett <jbabernathy@ncdot.gov>; Archer Sr, Wright <warcher@ncdot.gov>; Kiser, Marcus K <mkkiser@ncdot.gov>; Euliss, Amy <aeuliss@ncdot.gov>; Puckett, Lester L <Ipuckett@ncdot.gov>; Wanucha, Dave <dave.wanucha@ncdenr.gov> Subject: [Non-DoD Source] U-2579B Permit Renewal and ATF Modification, Forsyth County The request for Permit Renewal and Modification has been posted to the NCDOT website here: Blockedhttps://xfer.services.ncdot.gov/pdea/PermApps/ <Blockedhttps://xfer.services.ncdot.gov/pdea/PermApps/> Named: U-2579B Permit Renewal and Modification Forsyth September 18 2019 Please let me know if you have any questions regarding this request. Thank you! Carla Carla Dagnino Environmental Coordination and Permitting Group Leader Environmental Analysis Unit NC Department of Transportation 919 707 6110 office cdagnino@ncdot.gov <mailto:cdagnino@ncdot.gov> 1598 Mail Service Center Raleigh, NC 27699 -1598 1020 Birch Ridge Drive Raleigh, NC 27610 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Roy COOPER GOVERNOR IIff CC FROM: SUBJECT: STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES H. TROGDON, III SECRETARY March 30, 2017 Bill Barrett, Environmental Senior Specialist Environmental Coordination & Permitting Group Western, NES - PDEA Ahmad Al-Sharawneh, Project Development Engineer Project Development Group - Western Region, PDEA Chris Manley, Environmental Program Consultant Biological Surveys Group, NES - PDEA Streamline Section 7 Consultation for the Northern Long -Eared Bat associated with the Winston-Salem Northern Beltway in Forsyth County, TIP No. R-2247 and U-2579. The North Carolina Department of Transportation (NCDOT, Division 9) proposes to build a Northern Beltway around Winston-Salem from US 158 to US 52 (R-2247, Western Half), and from US 52 south to US 311 (U-2579) in Forsyth County. This memo covers both TIP projects R-2247 and U-2579, including all the sections of each TIP. This project will be built on new location around Winston-Salem. R-2247 will help to alleviate capacity deficiencies and poor north/south roadway connectivity within and through western Forsyth County. The project to build the Winston-Salem Beltway has been reviewed for effects on the northern long-eared bat (NLEB). As of May 4, 2015, NLEB is listed by the U.S. Fish and Wildlife Service (USFWS) as "Threatened" under the Endangered Species Act of 1973. As of March 30, 2017, NLEB is listed by USFWS(http://www.fws.,gov/raleigh/species/cnt. li�_counties.html) as "Probable/Potential" in Forsyth County. USFWS also established a final rule under the authority of section 4(d) of the Endangered Species Act that provides measures for the conservation of NLEB. The USFWS has tailored the final 4(d) rule to prohibit the take of NLEB from certain activities within areas where they are in decline. This incidental take protection applies only to known NLEB occupied maternity roost trees and known NLEB hibemacula. Effective February 16, 2016, incidental take resulting from tree removal is prohibited if it 1) occurs within a 1/4 mile radius of known NLEB hibemacula; or 2) cuts or destroys known occupied maternity roost trees, or any other trees within a 150-foot radius from the known maternity tree during the pup season (June 1-July 31). Mailing Address: NC DEPARTMENT OF TRANSPORTATION BUSINESS UNIT NAME ADDRESS 1 CITY, NC ZIP Telephone: (###) ###-#### Fax: (###) ###-#### Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: ADDRESS CITY, NC ZIP According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most recently updated October 2015, the nearest NLEB hibernacula record is 80 miles west (EO ID 32171) and no known NLEB roost trees occur within 150 feet of the project area. EO 32171 represents Black Rock Cliffs Cave near Grandfather Mountain with multiple observations from 1986 to 2011. NCDOT has also reviewed the USFWS Asheville Field office website (htlp://www.fws.gov/asheville/htmis/project review/NLEB_in WNC.html) for consistency with NHP records. This project is located entirely outside of the red highlighted areas (12-digit HUC) that the USFWS Asheville Field Office has determined to be representative of an area that may require consultation. For the proposed action, NCDOT has committed to the conservation measures listed below: 1) No alterations of a known hibernaculum's entrance or interior environment if it impairs an essential behavioral pattern, including sheltering northern long-eared bats (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 or destroying a known, occupied maternity roost tree, or any other trees within a 150-foot radius from the known, occupied maternity 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. § 17.40(o) and effective February 16, 2016. NCDOT may presume its determination is informed by best available information and consider Section 7 responsibilities fulfilled for NLEB. If you need any additional information, please contact Chris Manley at 919-707-6135.