20231342 Ver 1_5.209211A_Optimist_Farm_Road_Wake_MCDC_Signed_9-27-2023_20230927

MINIMUM CRITERIA DETERMINATION CHECKLIST
The following questions provide direction in determining when the Department is
required to prepare environmental documents for state -funded construction and
maintenance activities. Answer questions for Parts A through C by checking either
"Yes" or "No". Complete Part D of the checklist when Minimum Criteria Rule
categories 98, 12(i), or 915 are used.
TIP Project Number: N/A
WBS Number: 5.209211A
Project Location: SR 1390 (Optimist Farm Road) in Wake County; 35.662884, -
78.757687
Project Description: The North Carolina Department of Transportation (NCDOT)
proposes to install two stormwater catch basins along the existing curb section of the
north side of Optimist Farm Road which will drain to a proposed, approximately 40 ft
section of RCP which outlets to a rip rap pad to the north side of the roadway.
Anticipated Permit or Consultation Requirements: Neuse River Riparian Buffer
Authorization since this project will impact the protected buffers of the adjacent
jurisdictional stream.
Special Project Information:
Detour
Traffic will be maintained on -site.
Cultural Resources
A No Archaeological Survey Required Form was completed by NCDOT staff on August
17, 2023 and a Historic Architecture and Landscapes — No Survey Required Form was
completed by NCDOT staff on August 9, 2023.
GeoEnvironmental
No sites of concern were found from a review of the NCDEQ Database for Hazardous
Waste sites, Underground Storage Tanks (UST), Underground Storage Tank (UST)
Incidents, Dry Cleaners, Debris Sites, Inactive Hazardous Waste Sites, Manufactured Gas
Sites, Pre -regulatory landfills, Brownfields, and Federal Remediation Sites.
Prime or Unique Agricultural Lands
The NCDOT ATLAS Screening Tool indicates that the project study area is not within an
area of prime farmland, unique farmland, farmland of local importance, or farmland of
statewide importance. Therefore, the proposed project will have no impact on prime or
unique farmlands and no further evaluation is necessary.
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Protected Species
Note the following for Proposed/Threatened/Endangered/At Risk species in Wake
County based on a review of the USFWS online Information for Planning and
Consultation (IPaQ database. In addition to IPaC identified species, the bald eagle is
presented in this section as it is provided protection under the Bald and Golden Eagle
Protection Act.
L
Bald eagle
HabitatName
Present
No
Bald and Golden Eagle Prot. Act
g
Conclusion
No Effect
Note
1
Michaux's sumac
Yes
Endangered
No Effect
1
Neuse River waterdog
No
Threatened
No Effect
1
Carolina madtom
No
Endangered
No Effect
1
Atlantic pigtoe
No
Threatened
No Effect
1
Dwarf wed emussel
No
Endangered
No Effect
1
Yellow lance
No
Threatened
No Effect
1
Tri-colored bat
Unknown
Proposed Endangered
Unresolved
1; see note
below
Info Source: 1) 5.209211A Optimist
Farm Road Wake FULL NR
TE Memo dated Julv
28, 2023.
Tri-colored Bat: IPaC identifies potential for this species at the project location. Currently,
tricolored bat is proposed for listing as Endangered. If listed, NCDOT EAU Biological
Survey Group will resolve Section 7 prior to construction as appropriate, if this project is not
built before listing occurs. Therefore, a biological conclusion of unresolved is rendered for
this species.
Northern Long -Eared Bat: The USFWS has revised the previous programmatic biological
opinion (PBO) in conjunction with the Federal Highway Administration (FHWA), the US
Army Corps of Engineers (USACE), and NCDOT for the northern long-eared bat (NLEB)
(Myotis septentrionalis) in eastern North Carolina (December 15, 2022). The Revised 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 to occur in 27 counties but may potentially occur in 3 additional counties within
Divisions 1-8 (note: Division 5 is not located within any of these 30 counties). 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 Revised PBO and do not include any
parts of Division 5. NCDOT, FHWA, and USACE have agreed to three Monitoring and
Reporting Requirements to monitor the impacts of incidental take. All projects in Division 5
where planning has commenced after May 5, 2023 must adhere only to Monitoring and
Reporting Requirement 3:
NCDOT staff and/or consultants must follow the NCDOT Bat Habitat Assessment SOP by
filling out Bat Habitat Assessment Forms for projects that affect bridges and culverts. These
forms will be submitted to NCDOT Biological Surveys Group (BSG) using the Survey 123
application or emailed to clknepp(a�ncdot.gov. BSG staff will enter the forms into its database
even if no bat presence is detected. If NLEBs are detected at a bridge or culvert, the Service
will be notified.
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The programmatic determination for NLEB for the NCDOT program is May Affect, Likely
to Adversely Affect. The PBO provides incidental take coverage for NLEB and will ensure
compliance with Section 7 of the Endangered Species Act for ten years for all NCDOT
projects with a federal nexus in Divisions 1-8. This level of incidental take is authorized
from the effective date of a final listing determination through December 31, 2030.
Section 4 f Properties
There are no records of publicly -owned historic sites, parks or recreation issues in the
project study area.
PART A: MINIMUM CRITERIA
YES NO
EUgMW to be complejIl&he Engine
1. Is the proposed project listed as a type and class of activity allowed under the ❑X
Minimum Criteria Rule in which environmental documentation is not
required?
If the answer to number 1 is "no", then the project does not qualify as a minimum
criteria project. A state environmental assessment is required.
If yes, under which category? #29
If either category 48, 412(1) or 415 is used complete Part D of this checklist.
PART B: MINIMUM CRITERIA EXCEPTIONS
Items 2 — 4 to ke completed by the Engineer.,-
2. Could the proposed activity cause significant changes in land use ❑
concentrations that would be expected to create adverse air quality impacts?
3. Will the proposed activity have secondary impacts or cumulative impacts
that may result in a significant adverse impact -to human health or the
environment?
4. Is the proposed activity of such an unusual nature or does the proposed
activity have such widespread implications, that an uncommon concern for
its environmental effects has been expressed to the Department?
Item 5-8 to be completed by Division Environmental Office
5. Does the proposed activity have a significant adverse effect on wetlands;
surface waters such as rivers, streams, and estuaries; parklands; prime or
unique agricultural lands; or areas of recognized scenic, recreational,
archaeological, or historical value?
❑ �X
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6. Will the proposed activity endanger the existence of a species on the ❑ �X
Department of Interior's threatened and endangered species list?
7. Could the proposed activity cause significant changes in land use ❑ �X
concentrations that would be expected to create adverse water quality or
ground water impacts?
YES NO
8. Is the proposed activity expected to have a significant adverse effect on ❑ �X
long-term recreational benefits or shellfish, finfish, wildlife, or their natural
habitats
If any questions 2 through 8 are answered "yes", the proposed project may not qualify as a
Minimum Criteria project. A state environmental assessment (EA) may be required. For
assistance, contact the Environmental Policy Unit.
PART C: COMPLIANCE WITH STATE AND FEDERAL REGULATIONS
Items 9-12 to be completed by Division Environmental Officer:1 YES NO
9. Is a federally protected threatened or endangered species, or its ® ❑
habitat, likely to be impacted by the proposed action?
10. Does the action require the placement of temporary or permanent ❑ �X
fill in waters of the United States?
11. Does the project require the placement of a significant amount of �X
fill in high quality or relatively rare wetland ecosystems, such as
mountain bogs or pine savannahs?
12. Is the proposed action located in an Area of Environmental ❑ �X
Concern, as defined in the coastal Area Management Act?
Items 13 —15 to be completed by the Engineer. 1
13. Does the project require stream relocation or channel changes?
Cultural Resources
14. Will the project have an "effect" on a property or site listed on the
National Register of Historic Places?
15. Will the proposed action require acquisition of additional right of
way from publicly owned parkland or recreational areas?
Questions in Part "C" are designed to assist the Engineer and the Division Environmental
Officer in determining whether a permit or consultation with a state or federal resource
agency may be required. If any questions in Part "C" are answered "yes", follow the
appropriate permitting procedures prior to beginning project construction.
09/27/23 4 of 6

PART D:( To be completed when either cate2ory 48, #126), or 415 of the rules are
used.
Items 16- 22 to be completed by Division Environmental Officer.
16. Project length: N/A
17.
Right of Way width:
N/A
18.
Project completion date:
N/A
19.
Total acres of newly disturbed ground
N/A
surface:
20.
Total acres of wetland impacts:
N/A
21.
Total linear feet of stream impacts:
N/A
22.
Project purpose:
N/A
DocuSgned/by:
L44514 ,/,
09/27/2023
Reviewed by:REfte
Date:
�
Heather W. Montague
Division 5 Environmental Officer
DocuSigned by:
.LkOl MIS
Ebin H. Wi 4 ftis
Western Wake County Maintenance Engineer
Date: 09/27/2023
DocuSigned by:
09/27/2023
Completed by: Date:
Mitchell C. Wimberley
Division 5 Environmental Specialist
09/27/23 5 of 6

PROJECT COMMITMENTS
Wake County
Install catch basins and pipe outlet along SR 1390 (Optimist Farm Road)
WBS No. 5.209211A
• There are no project commitments.