20230726 Ver 1_U-5756 NRTR 2021 Update _Optimized_20230525

NATURAL RESOURCES TECHNICAL REPORT
NC 5 Widening from US 1 in Aberdeen to Trotter Drive/Drake Boulevard Update
Moore County, North Carolina
STIP U-5756
WBS Element No. 50171.1.1
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
Division 8
July 2021

Natural Resources Technical Report
STIP U-5756, Moore County, N.C.
1.0 INTRODUCTION
The North Carolina Department of Transportation (NCDOT) proposes to widen
approximately 4.3 miles of NC 5 from US 1 in Aberdeen to Trotter Drive/Drake Boulevard
(STIP U-5756) in Moore County (Figures 1 and 2). The following Natural Resources
Technical Report (NRTR) has been prepared to assist in the preparation of a document for
the purposes of the National Environmental Policy Act (NEPA) or the State Environmental
Policy Act (SEPA). This document is an update to the original NRTR, prepared by
Environmental Services, Inc., and submitted in September 2018.
2.0 METHODOLOGY
All work was conducted in accordance with the NCDOT Environmental Coordination and
Permitting's Preparing Natural Resources Technical Reports Procedure and the latest
NRTR Template (May 2021) has been used for this update. Field work for the original
study area was conducted on May 8-9, 2018. Fieldwork to update the delineation for this
updated NRTR was conducted on April 1, 2020. Fieldwork to update the survey for
Michaux's sumac was conducted on June 16, 2021. The principal personnel contributing
to the field work and document is provided in Appendix B. Jurisdictional areas identified
in the original study area were verified by Mr. Andrew Williams of the U.S. Army Corps
of Engineers (USACE) on July 12, 2018. The North Carolina Division of Water Resources
(NCDWR) has not reviewed the study area. Documentation of this original preliminary
jurisdictional determination (PJD) is provided in Appendix C. An updated PJD package
will be submitted to USACE that depicts the added wetland areas resulting from the
expanded study area.
3.0 TERRESTRIAL COMMUNITIES
Six terrestrial communities were identified in the study area. Figure 4 shows the location
and extent of these terrestrial communities. Terrestrial community data are presented in the
context of total coverage of each type within the study area (Table 1).
Table 1. Coverage of terrestrial communities in the study area
Community
Dominant Species scientific name
Coverage ac.
Dry Oak -Hickory
white oak (Quercus alba)
Forest
sweetgum (Liquidambar styraciflua)
4.5
mockernut hickory (Carya tomentosa
Maintained/Disturbed
Japanese honeysuckle (Lonicera japonica)
Land
broomsedge (Andropogon virginicus)
80.3
sassafras Sassafiras albidum
Pine/Scrub Oak
longleaf pine (Pious palustris)
Sandhill
turkey oak (Quercus laevis)
46.1
flowering dogwood Cornus orida
Headwater Forest
black gum (Nyssa sylvatica)
red maple (Acer rubrum)
0.4
laurel oak(Quercus lauri olia
1 July 2021

Natural Resources Technical Report
STIP U-5756, Moore County, N.C.
Community
Dominant Species (scientific name)
Coverage (ac.)
Xeric Sandhill Scrub
loblolly pine (Pinus taeda)
black cherry (Prunus serotina)
14.3
smooth sumac Rhus labra
loblolly pine (Pinus taeda)
Successional
dogfennel (Eupatorium capillifolium)
1.4
sawtooth blackberry (Rubus argutus)
Total
147.15
Note: The study area also includes 42.4 acres of impervious surface and 0.1 acre of surface water
4.0 PROTECTED SPECIES
4.1 Endangered Species Act Protected Species
As of June 25, 2021, the United States Fish and Wildlife (USFWS) lists five federally
protected species, under the Endangered Species Act (ESA) for Moore County (Table 2)
based on the Information for Planning and Consultation online data. For each species, a
discussion of the presence or absence of habitat is included below along with the Biological
Conclusion rendered based on survey results in the study area.
Table 2. ESA federally protected species listed for Moore County.
Scientific Name
Common Name
Federal
Habitat
Biological
Status
Present
Conclusion
usconaia masoni
Atlantic pigtoe
PT
Out of Range
NE
Notropis mekistocholas
Cape Fear shiner
E
No
NE
Picoides borealis
Red -cockaded
E
Yes
NE
woodpecker
Rhus michauxii
Michaux's sumac
E
Yes
NE
Neonympha mitchellii
Saint Francis' Satyr
francisci
butterfly
E
No
NE
E - Endangered
PT — Proposed Threatened
NE - No Effect
Atlantic pigtoe
USFWS optimal survey window: Year-round
Biological Conclusion: No Effect
Suitable habitat for Atlantic pigtoe does not occur in the study area. The stream
within the study area (Aberdeen Creek) lacks the coarse sand and gravel substrate
and water flow that are required for this species. The study area also is not within
the known watershed range of Atlantic pigtoe in Moore County. In addition,
Aberdeen Creek, located at the eastern project terminus has a primarily sandy
2 July 2021

Natural Resources Technical Report
STIP U-5756, Moore County, N.C.
substrate and does not provide the clean gravel, cobble, or boulder substrate
associated with this species. This section of Aberdeen Creek is below a large,
drained impoundment and sedimentation is evident. A review of NHP records
updated June 2021 indicates no known occurrences of Atlantic pigtoe within 1.0
mile of the study area.
Cape Fear shiner
USFWS optimal survey window: April -June (tributaries); year-round (large rivers)
Biological Conclusion: No Effect
Suitable habitat for the Cape Fear shiner does not occur in the study area. The range
of the Cape Fear shiner is restricted to the Cape Fear River watershed. The project
study area is in the Lumber River watershed. In addition, Aberdeen Creek, located
at the eastern project terminus has a primarily sandy substrate and does not provide
the clean gravel, cobble, or boulder substrate associated with this species. This
section of Aberdeen Creek is below a large, drained impoundment and
sedimentation is evident. A review of NHP records updated June 2021 indicates
no known occurrences of Cape Fear shiner within 1.0 mile of the study area.
Red -cockaded woodpecker
USFWS optimal survey window: year-round: November -early March (optimal)
Biological Conclusion: No Effect
Potential nesting and foraging habitat for the red -cockaded woodpecker (RCW) is
present in the pine/scrub oak sandhill and xeric sandhill scrub communities
throughout the study area. The RCW typically occupies open, mature stands of
southern pine, particularly longleaf pine, for foraging and nesting. Nesting
typically occurs in pine trees 60 years or older and foraging occurs in pine
dominated stands 30 years or older located within 0.5 mile of nesting sites. A
review of NHP records updated June 2021 indicates multiple occurrences of the red
cockaded woodpecker within 1.0 mile of the study area. NCDOT Biological
Surveys Group conducted surveys within 0.5 mile of the centerline of the study
corridor on multiple dates from June -November 2018. No active or relict cavities
were identified and no RCWs were seen or heard. The original survey remains valid
for two years and NCDOT's Biological Surveys Group indicates that they will
perform an updated survey.
Michaux's sumac
USFWS optimal survey window: May -October
Biological Conclusion: No Effect
Potential habitat for Michaux's sumac is present throughout the study area. In the
Sandhills region, Michaux's sumac typically is found in sandy or sub mesic loamy
swales and depressions as well as along maintained roadsides, power lines,
railroads, and other natural or artificial clearings that are undergoing succession.
The plant is shade intolerant and grows best where disturbance maintains its open
3 July 2021

Natural Resources Technical Report
STIP U-5756, Moore County, N.C.
habitat. ESI biologist Jeff Harbour surveyed areas of potential habitat in the
original study area on July 12, 2018 by walking pedestrian transects in the original
PSA. No evidence of Michaux's sumac was observed. Species specific surveys in
the updated study areas were completed June 16, 2021. No evidence of Michaux's
sumac was observed. A review of NHP records updated June 2021 indicates
occurrences of Michaux's sumac within 1.0 mile of the study area; however, these
occurrences are considered Historic by NCNIIP. USFWS also indicates that the
Aberdeen occurrences are Historic in their most recent Five -Year Review
(Summary and Evaluation) for Michaux's sumac dated January 6, 2021.
Saint Francis' Satyr
USFWS optimal survey window: May 5-June 6 and July 26-August 21
Biological Conclusion: No Effect
Potential habitat for Saint Francis' Satyr is known to inhabit wide, wet meadows
dominated by sedges and other wetland graminoids. These wetlands are often the
result of beaver activity and are boggy areas that are acidic and ephemeral. These
areas must be continually maintained to persist as open areas. The larval host of
Saint Francis' satyr is thought to be grasses, sedges and rushes. No habitats
meeting this description were identified in the study area. A review of NHP records
updated June 2021 indicates no occurrences of Saint Francis' satyr within 1.0 mile
of the study area.
USFWS has revised the previous programmatic biological opinion (PBO) in conjunction
with the Federal Highway Administration (FHWA), USACE, and NCDOT for the northern
long-eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO
covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and
activities. Although this programmatic covers Divisions 1-8, NLEBs are currently only
known in 19 counties, but may potentially occur in 11 additional counties within Divisions
1-8. NCDOT, FHWA, and USACE have agreed to two conservation measures which will
avoid/minimize mortality of NLEBs. These conservation measures only apply to the 30-
current known/potential counties shown on Figure 2 of the PBO at this time. The
programmatic determination for NLEB for the NCDOT program is May Affect, Likely to
Adversely Affect. The PBO will ensure compliance with Section 7 of the Endangered
Species Act for ten years (effective through December 31, 2030) for all NCDOT projects
with a federal nexus in Divisions 1-8, which includes Moore County, where U-5756 is
located.
4.2 Bald and Golden Eagle Protection Act
The bald eagle is protected under the Bald and Golden Eagle Protection Act and enforced
by the USFWS. Habitat for the bald eagle primarily consists of mature forests 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.
4 July 2021

Natural Resources Technical Report STIP U-5756, Moore County, N.C.
A desktop-GIS assessment of the project study area, as well as the area within a 1.0-mile
radius of the project limits, was performed on April 14, 2020 using recent (2017) color
aerials. Pinehurst Lake is the only water body large enough or sufficiently open to be
considered a potential feeding source. Pages Lake, near the southern terminus, is currently
drained. Since there was no foraging habitat within the review area, a survey of the project
study area and the area within 660 feet of the project limits was not conducted.
Additionally, a review of June 2021 NCNHP records revealed no known occurrences of
this species within 1.0 mile of the project study area. Due to the lack of habitat, known
occurrences, and minimal impact anticipated for this project, it has been determined that
this project will not affect this species
4.3 Essential Fish Habitat
The National Marine Fisheries Service (NMFS) has identified no streams in the study area
as Essential Fish Habitat.
5.0 WATER RESOURCES
Water resources in the study area are part of the Lumber River basin [U.S. Geological
Survey (USGS) Hydrologic Unit 03040203]. One stream was identified in the study area
(Table 3). The location of the stream is shown in Figure 3j.
Table 3. Streams in the study area
Stream
NCDWR
Best Usage
Bank
Bankfull
Depth
Name
Map ID
Index
Classification
Height
width
(in)
Number
(ft)
(ft)
Aberdeen
Aberdeen
14-2-11-(6)
C
4
25
36
Creek
Creek
There are no designated High -Quality Waters (HQW), Outstanding Resource Waters
(ORW) or water supply watersheds (WS-I or WS-II) within or within 1.0 mile downstream
of the study area. The North Carolina 2016 Final 303(d) list of impaired waters identifies
no streams within the study area as an impaired water.
One surface water was identified within the study area (Table 4). The location of the surface
water is shown in Figure 3g.
Table 4. Surface waters in the study area
Area (ac) in Study
Surface Water
Map ID of Connection
Area
TA
N/A outside study area
<0.01
6.0 REGULATORY CONSIDERATIONS
July 2021

Natural Resources Technical Report
STIP U-5756, Moore County, N.C.
6.1 Clean Water Act Waters of the U.S.
One jurisdictional stream was identified in the study area (Table 5). The location of this
stream is shown on Figure 3j. A North Carolina Stream Assessment Method (NCSAM)
form was not prepared because the stream is strongly perennial and shows no significant
degradation. A NCDWR stream identification also was not included in the separate PJD
package because Aberdeen Creek is strongly perennial. All jurisdictional streams in the
study area have been designated as warm water streams for the purposes of stream
mitigation.
Table 5. Status of streams in the study area
Length
Compensatory
River Basin
Map ID
(ft.)
Classification
Mitigation Required
Buffer
Aberdeen Creek
291
Perennial
Yes
Not Subject
Total
291
Two jurisdictional wetlands were identified within the study area (Table 6). The location
of these wetlands is shown on Figure 3g. The wetlands in the study area located within the
Lumber River basin (USGS Hydrologic Unit 03040203). USACE wetland determination
forms and the NCWAM form for WA and WB are included in a separate PJD package.
Table 6. Characteristics of wetlands in the study area
Map
NCWAM
NCWAM
Hydrologic
404/401
Area (ac.)
ID
Classification
Forested
Rating
Classification
or 401
in Study
Area
WA
Headwater
Y
High
Riparian
404/401
0.31
Forest
WB
Headwater
Y
High
Riparian
404/401
0.09
Forest
Total
0.40
6.2 Construction Moratoria
No anadromous fish habitat or primary nursery areas occur in the study area. No
construction moratorium is anticipated for this project.
6.3 N.C. River Basin Buffer Rules
No buffer rules apply to the stream occurring in the study area.
6.4 Rivers and Harbors Act Section 10 Navigable Waters
No streams in the study area have been designated by the USACE as a Navigable Waters
under Section 10 of the Rivers and Harbors Act.
6 July 2021

Natural Resources Technical Report
STIP U-5756, Moore County, N.C.
6.5 Coastal Area Management Act Areas of Environmental Concern
The project county is not under the jurisdiction of the Coastal Area Management Act
(LAMA).
6.6 Coastal Barrier Resources System
No Coastal Barrier Resources System (CBRS) units exist within the study area.
7 July 2021

Natural Resources Technical Report STIP U-5756, Moore County, N.C.
7.0 REFERENCES
National Oceanic and Atmospheric Administration. 2017. Essential Fish Habitat Mapper.
https://www. fisheries.noaa. gov/resource/map/essential-fish-habitat-mapper
(Accessed April 2020).
North Carolina Department of Transportation. 2011. TE Plant Habitat Descriptions
https://connect.ncdot. gov/resources/Environmental/Pages/Environmental-
Compliance-Guides.aspx (Accessed April 2020).
North Carolina Department of Transportation. 2015. TE Animal Habitat Descriptions.
hllps:Hconnect.ncdot. gov/resources/Environmental/Pages/Environmental-
Compliance-Guides.aspx (Accessed April 2020).
North Carolina Division of Environmental Quality. 2016. Final 2016 Category 5
Assessments-303(d) List.
hllps:Hfiles.nc. gov/ncdeg/Water%20Qualiiy/Planning/TMDL/303d/2016/2016_N
C_Categ_ory_5_303d_list.pdf (Accessed April 2020).
North Carolina Division of Environmental Quality. 2018. NC Surface Water
Classifications.
https://ncdenr.maps. arcgis.com/apps/webappviewer/index.html?id=6e l25ad7628f
494694e259c80dd64265 (Accessed April 2020).
North Carolina Division of Environmental Quality. 2018. Fishing Nursery Areas.
http://portal.ncdenr.org/web/mf/primary-nursery-areas (Accessed April 2020).
North Carolina Division of Environmental Quality. 2018. Anadromous Fish Spawning
Areas Maps. hiip://portal.ncdenr.org/web/mf/afsa-maps (Accessed April 2020).
North Carolina Division of Water Quality. 2010. Methodology for Identification of
Intermittent and Perennial Streams and Their Origins Version 4.11. North Carolina
Division of Water Quality, Raleigh, NC. 41 pp.
North Carolina Natural Heritage Program. 2021. June 2021 element occurrence records
North Carolina Wetland Functional Assessment Team. 2010. North Carolina Wetland
Assessment Method (NCWAM) User Manual. 127 pp.
Schafale, Michael. P. 2012. Guide to the natural Communities of North Carolina Fourth
Approximation. North Carolina Natural Heritage Program, Raleigh, NC. 208 pp.
United States Army Corps of Engineers. 1965. Section 10 Wilmington District Waters.
http://www.saw.usace.anny.mil/Portals/59/docs/re ul�atoiy/regdocs/JD/NC-
NavigableWatersl8AUG1965.pdf (Accessed April 2020).
8 July 2021

Natural Resources Technical Report STIP U-5756, Moore County, N.C.
United States Army Corps of Engineers. 2010. Regional Supplement to the Corps of
Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region
(Version 2.0). U.S. Army Research and Development Center. Vicksburg, MS. 180
pp
United States Army Corps of Engineers. 2018. NC DWR Special Waters.
hllp://www.saw.usace.army.mil/Missions/Re ug latoly-Permit-Pro rg am/Agency
Coordination/Designated-Special-Waters.aspx (Accessed April 2020).
United States Fish and Wildlife Service. 2006. Cape Fear Shiner (Notropis mekistocholas).
hops://www.fws.gov/nc-es/fish/cfshiner.html. (Accessed April 2020).
United States Fish and Wildlife Service. 2007. National Bald Eagle Management
Guidelines. U.S. Fish and Wildlife Service -Division of Migratory Bird
Management. Arlington, VA 25 pp.
United States Fish and Wildlife Service. 2016. Red -cockaded woodpecker Recovery Plan.
hops://www.fws.gov/rcwrecoveiy/rcw.html. (Accessed April 2020).
United States Fish and Wildlife Service. 2017. Michaux's sumac (Rhus michauxii).
hops://www.fws.gov/raleigh/species/es_michauxs_sumac.html. (Accessed April
2020).
United States Fish and Wildlife Service. 2018. Endangered Species, Threatened Species,
Federal Species of Concern, and Candidate Species, Moore County, North
Carolina. hllps://www.fws.gov/raleigh/s/species/cniylist/moore.html (Accessed
April 2020).
United States Fish and Wildlife Service. 2019. Atlantic pigtoe (Fusconaia masoni).
hops://www.fws.gov/southeast/wildlife/mussels/atlantic-pigtoe/ (Accessed April
2020.)
United States Fish and Wildlife Service. 2021. Information for Planning and Consultation.
Endangered species for Moore County, NC
http://ecos.fws.gov/ipac/ (Accessed June 2021).
United States Fish and Wildlife Service. 2021. Saint Francis' Satyr in North Carolina.
http://www.fws.gov/nc-es/insect/stfrancis.html (Accessed: June 2021).
9 July 2021

Appendix A
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Project:
HL197027
Date:
June 2021
Drwn/Chkd:
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Path: EAProjects\HL197027_U5756Update\Maps\fg_aenal_V2.mxd Date: 6/22/2021 10:47:47 AM

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Path: EAProjects\HL197027_U5756Update\Maps\fg_aena1_V2.mxd Date: 6/22/2021 10:47:47 AM

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Path: EAProjects\HL197027_U5756Update\Maps\fg_aena1_V2.mxd Date: 6/22/2021 10:47:47 AM

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Path: EAProjects\HL197027_U5756Update\Maps\fg_aena1_V2.mxd Date: 6/22/2021 10:47:47 AM

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Path: E:\ProjectsH LI 97027_U5756Update\Maps\fg_aerial_V2.mxd Date: 6/22/2021 10:47:47 AM

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Path: EAProjects\HL197027_U5756Update\Maps\fg_aena1_V2.mxd Date: 6/22/2021 10:47:47 AM

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Path: E:\ProjectsHL197027_U5756Update\Maps\fg_terrestrial.mxd Date: 4/20/2020 12:29:13 PM

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Path: E:\ProjectsH L197027_U5756Update\Maps\fg_terrestrial.mxd Date: 4/20/2020 12:29:13 PM

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Path: EAProjects\HL197027_U5756Update\Maps\fg_temestdal.mxd Date: 4/20/2020 12:29:13 PM

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Path: EAProjects\HL197027_U5756Update\Maps\fg_temestdal.mxd Date: 4/20/2020 12:29:13 PM

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and is not suitable for legal or engineering purposes.
• This informationpresented is not for regulatory review and is
intended for use only by a Professional Land Surveyor prior to
5 -r+ regulatory review.
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NC OneMap Server, Project Study Area provided by NCDOT.
Disclaimer: The information depicted on this figure is for
informational purposes only and was not prepared for,
and is not suitable for legal or engineering purposes.
This information presented is not for regulatory review and is
intended for use only by a Professional Land Surveyor prior to
regulatory review.
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h,.
- NC 5 Widening from US 1 in Aberdeen to Trotter Dr/Drake Blvd Date: June 2021
Moore County, North Carolina Drwn/Chkd: CW/JH
TIP No U-5756 Figure: 4J
Path: E:\ProjectsHL197027_U5756Update\Maps\fg_terrestrial.mxd Date: 4/20/2020 12:29:13 PM

Appendix B
Qualifications of Contributors
Principal
Investigator: Rhiannon Graham
Education: B.S. in Environmental Science, 2017
Experience: Field Scientist, Environmental Services, Inc., A Terracon Company 2018-
Present
Responsibilities: Natural resource investigations, protected species habitat evaluations, protected
plant surveys, document preparation
Investigator: Emma Craig
Education: B.S. in Environmental Sciences, 2019
Experience: Assistant Scientist, Terracon Consultants, Inc. 2018-Present
Responsibilities: Natural resource investigations, GPS collection
Investigator: Kevin Markham
Education: M.S. in Marine Biology, 1989
Experience: Office Manager, Environmental Services, Inc., A Terracon Company1995-
2020
Project Scientist/Senior Scientist, CZR, Inc., 1988-1995
Responsibilities: Document review
Investigator: Katie Talavera
Education: B.S. Geographic Information Systems, 2016
Experience: GIS/CAD Manager, Environmental Services, Inc., A Terracon Company
2003-Present
Responsibilities: Graphics preparation
Investigator: Jeff Harbour
Education: B.S. in Marine Science, 1993
Experience: Department Manager II, Environmental Services, Inc., A Terracon Company
1993-Present
Responsibilities: Document Review

Appendix C
RCW Survey Memo (NCDOT)

ENVIRONMENTAL SERVICES, INC.
4901 Trademark Drive
Raleigh, North Carolina 27610
919-212-1760 / Facsimile 919-212-1707
www.environmentalservicesine.com
MEMORANDUM
TO: Claudette Roque
FROM: Jeff Harbour
DATE: November 30, 2018
RE: U-5756 — Addendum for red -cockaded woodpecker
Environmental Services, Inc. (ESI) has been notified that the NCDOT Biological Surveys Group has completed the
necessary surveys for the red -cockaded woodpecker (Picoides borealis) for the U-5756 project in Moore County,
NC. Based on information provided by NCDOT, it appears that surveys were completed in all areas of potential
habitat occurring within 0.5 mile of the project's centerline. NCDOT reported that no RCW cavity trees (active or
relict) were identified, and no RCWs were heard or observed during the survey period. Based on these results, it can
be concluded that the proposed project should have No Effect on the RCW. This revised conclusion is intended to
replace the unresolved conclusion contained in the final Natural Resources Technical Report for U-5756 (September
2018).

Appendix D
Jurisdictional Determination Letter

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01184 County: Moore Countv U.S.G.S. Quad: Southern Pines
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: NCDOT Division 8
Greg Davis
Address: 902 N. Sandhills Blvd.
Aberdeen, North Carolina 28315
Telephone Number: 910-944-2344
Size (acres) 125 (approximate)
Nearest Waterway Aberdeen Creek
USGS HUC 03040203
Nearest Town Aberdeen/Pinehurst
River Basin Lower Pee Dee
Coordinates Latitude:35.151844
Longitude:-79.450769
Location description: The proiect site is located along NC 5 from US 1 in Aberdeen to Trotter Drive/Drake
Boulevard, in Pinehurst, Moore Countv, North Carolina and is identified as TIP U-5756 (see attached Preliminary JD
form, including 10 map pages).
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
Page 1 of 2

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: July 16, 2018
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Greg Davis, PE -Division s Engineer-soz N. sandhills Blvd., Aberdeen, Nc 28315
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, U-5756, SAW-2018-01184
D. PROJECT LOCATIONS AND BACKGROUND INFORMATION: Along Bo s£aomustin.rberMooredeen County,er NC.
( ) Drake Boulevard, in Pinehurst, Moore County, NC.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Moore City: Aberdeen
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.1467 Long.:-79.4655
Universal Transverse Mercator:
Name of nearest waterbody: Aberdeen Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: July 16, 2018
® Field Determination. Date(s): July 12, 2018
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
WA
35.14136
-79.44890
0.1 ac
wetland
Section 404
SA
35.1322
-79.4305
135 LF
non -wetland waters
Section 404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Potential Wetlands/Waters
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
X❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name: 1:24000 Southern Pines, NC
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: ■❑ Aerial (Name & Date): Potential Wetlands/Waters (2017 aerial base)
or ❑ Other (Name & Date):
® Previous determination (s). File no. and date of response letter: SAW-2018-00357; 02/26/2018
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
DDN:,=US,.g U.S.G-1 rL MSANDRE D,.1244561655
._Uc S,o WILLI oMSAND[,o E.1—ou=RKI,
ir--USA, cr-WILLIAMS.ANDREW.E.1244561655
Dale: M18.07.161-24-04'W
Signature and date of
Regulatory staff member
completing PJD
S. �� 6/8/2018
.
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

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SAW-2018-01184
_ We recommend you have the waters of the U. S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
_ The waters of the U. S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Andrew Williams at
[phone] or Andrew.E.Williams2Ca),usace.army.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: Based on a desk review and site visit conducted by USACE on July 12, 2018
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request
to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801

SAW-2018-01184
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by Not Applicable.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. AA Digitally ct US,signedU.S. WIWAMnt, o—DoD, o PKI, 55
DN: USA, n=WIL Government, ou=DoD, ou 655
ou=USA, cn=WILUAMS.ANDREW.E.1244561655
Corps Regulatory Official: Date: 2018.07.1614:43:15-04'00'
Date: Julv 16, 2018
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm qpex/f?p=l36 A:0.
Copy Furnished (via email):
Jeff Harbour
Environmental Services, Inc.
4901 Trademark Drive
Raleigh, NC 27610
Art King
NCDOT Division 8
902 North Sandhill Boulevard
Aberdeen, North Carolina 28315
April R. Norton
Environmental Senior Specialist
Transportation Permitting Unit
Division of Water Resources
NC Department of Environmental Qualitv
512 North Salisbury Street,12th Floor (phvsicab
1617 Mail Service Center (mailing)
Raleigh, NC 27699

SAW-2018-01184
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Greg Davis NCDOT Division 8
File Number: SAW-2018-01184
Date: Ju1v 16, 2018
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of permission
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.anny.mil/Missions/CivilWorks/Res ulatoiyPros4ramandPennits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

SAW-2018-01184
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTAJCT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Rcgulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Andrew Williams
CESAD-PDO
3331 Hcritiagc Trade Drive, Suite 105
U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, North Carolina 27587
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]