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HomeMy WebLinkAbout20230440 Ver 1_HE-0014 PCN Final Combined (2)_20231109SST
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
November 9, 2023
Charlotte Regulatory Field Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, NC 28262
Attention: Mr. Steve Brumagin
NCDOT Coordinator
J.R. "JOEY" HOPKINS
SECRETARY
Subject: Application for Section 404 Nationwide 14 and corresponding Individual 401
Water Quality Certification for the proposed relocation of existing Brown Street
(SR 1254) on new location from Henry Link Access Road to Old Linwood Road
(SR 1104) in Lexington, Davidson County. STIP No. HE-0014, State Project No.
50802.1.1.
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to construct approximately
1 mile of road on new location from Henry Link Access Road to Old Linwood Road (SR 1104) to
relocate existing Brown Street (SR 1254). The project is scheduled to Let for construction in March
2024.
The purpose of this letter is to request approval for a Section 404 Nationwide Permit 14 and
corresponding Individual Water Quality Certification from the NCDWR. In addition to this cover
letter, this application package includes the following:
• USACE Jurisdictional Determination request
• Catawba Indian Nation response
• Historic Architecture No survey required form and Archaeological survey required form
• No NRHP archeological sites present form
• USFWS Information for Planning and Consultation (IPAC) report
• USFWS Informal Consultation for the tricolored bat
• USACE Request Email to USFWS for informal consultation
• Mitigation Acceptance letter from DMS
• Final permit plans and stormwater management plans
The typical section will consist of two undivided 12-foot travel lanes with 6-foot unpaved
shoulders. There will be a new stream crossing of an unnamed tributary to Rat Springs Branch on
the new location. Improvements will be made at Henry Link Access Rd and Old Linwood Rd to
Mailing Address: TELEPHONE: 336-747-7800 Location:
NC DEPARTMENT OF TRANSPORTATION FAX: 336-761-2044 375 SILAS CREEK PARKWAY
HIGHWAY DIVISION 9 WINSTON SALEM, NC 27127
375 SILAS CREEK PARKWAY WEBSITE:NCDOTGOV
WINSTON SALEM, NC 27127
accommodate necessary turn lanes. The replacement and extension of one existing culvert will also
be required at Old Linwood Rd crossing a UT to Rat Springs Branch.
Purpose and Need
The purpose of the project is to relocate existing Brown Street.
The need for the project is to maintain and enhance access to existing industrial facilities and the
proposed development of the Siemens Rail Car manufacturing facility. The project will improve
traffic operations given the projected increase in traffic with the new manufacturing facility. It
will also improve east -west connectivity in the area.
The construction of Siemen's Rail manufacturing facility will require the relocation of existing
Brown Street. The construction of the Siemen's Rail manufacturing facility has no impacts to
Waters of the US.
Local Transportation Plans
The most recent Davidson County CTP (2011) supports a need for an east to west connector,
identified as the Southwestern connector in the project area. Additionally, the 2045 High Point
MTP supports a need for an east to west connector identified as the Westside Bypass. The
Southwestern connector and the Westside Bypass are the same project and have been identified in
previous STIPs as U-2545. U-2545 is currently unfunded in the most recent STIP (2024-2033) for
planning, right-of-way and construction. The relocation of Brown Street will partially meet the
intent of the larger U-2545 project while maintaining logical termini at Henry Link Access Road
to Old Linwood Road.
Resource Status
All jurisdictional features are located in the Yadkin Pee -Dee River Basin (United States Geological
Survey (USGS) Hydrologic Unit 03040103). Streams within the project area include Rat Spring
Branch and its unnamed tributaries (NCDWR Stream Index No. 12-113-5). Rat Spring Branch and
its unnamed tributaries are classified as Class C waters.
There are no High Quality Waters (HQW), Outstanding Resource Waters (ORW), WS-I, or WS-II
waters within 1.0 miles of the project area.
303(d) Impaired Waters
No streams were identified on the North Carolina 2022 Final 303(d) list of impaired waters for
turbidity or sedimentation.
Jurisdictional Determination
A Jurisdictional Determination and Surface Water Determination request are included with this
permit application.
Impacts to Waters of the US
The proposed impacts for the project will be approximately 194 feet of permanent stream impacts
and 101 feet of temporary stream impacts as shown in the attached permit drawings. No wetlands
are impacted by the project.
Table 1: Stream Impacts in the Yadkin River Basin
Site
NRTR Stream
Reason
Impact type
Impact total
Mitigation
No.
ID
Stream Type
linear feet
required
(acreage)
/N
1
Rat Spring
Bank
permanent
Perennial
7 (<0.01)
N
Branch
Stabilization
2
SC
Pipe Installation
Permanent
Intermittent
120 (<0.01)
Y
2
SC
Pipe Installation
Temporary
Intermittent
10 (<0.01)
N
3
SC
Bank
Temporary
Intermittent
81 (<0.01)
N
Stabilization
4
SA
Channel
Permanent
Perennial
16 (<0.01)
N
Stabilization
4
SA
Channel
Temporary
Perennial
10 (<0.01)
N
Stabilization
4
SA
Channel
Permanent
perennial
15 (<0.01)
N
hn rovements
4
SA
Pipe Installation
Permanent
Perennial
11 (<0.01)
Y
4
SA
Channel
Permanent
perennial
15 (<0.01)
N
hn rovements
4
SA
Bank
Permanent
Perennial
10 (<0.01)
N
Stabilization
Total
295 (0.01)
Y
*Mitigation will be provided at a 2:1 ratio. Mitigation is only required by USACE.
Summary of Utility Impacts
There will be no impacts to jurisdictional resources associated with utility relocations.
Avoidance & Minimization Measures
The proposed design includes the following measures to further minimize impacts:
1. Slopes at the stream crossings have been minimized to 2:1.
2. Floodplain benching has been added at permit Site 2 to prevent overwidening.
3. The Corrugated Aluminum Pipe Arch at permit Site 2 has been buried F to aid in aquatic
passage, and sills have been installed to minimize the risk of headcutting.
4. The 72" pipe at Site 1 has been buried F to aid in aquatic passage.
5. The majority of the road is being constructed outside of the floodplain of the UT to Rat Springs
Branch to minimize impacts to Waters of the US.
Mitigation
The project as proposed will impact approximately 131 feet of permanent mitigable stream impacts.
Mitigation for these impacts will be provided at a 2:1 ratio by the North Carolina Division of
Mitigation Services as indicated in their letter of October 24, 2023 (attached).
SEPA Document Status
HE-0014 is a State funded project and falls under the State Environmental Policy Act (SEPA). A
state environmental document is not required. A Minimum Criteria Determination Checklist will
be prepared to document environmental impacts.
FEMA Compliance
Replacement culverts are sized to not exceed existing Base Flood Elevation (BFE). NCDOT will
coordinate with NC Floodplain Mapping to meet FEMA requirements.
Section 106
Historic Architecture
NCDOT architectural historian determined no historic building survey was required. A `No survey
required' form is attached.
Archaeology
The North Carolina Department of Transportation (NCDOT) Archaeology Team has reviewed the
subject project and determined there are no National Register listed archaeological sites within the
project's area of potential effects. A `No National Register of Historic Places Eligible or Listed
Archeological Sites Present' form is attached.
Tribal Coordination
Tribal coordination letters were distributed on March 19, 2023, to the Catawba Indian Nation. The
Catawba Indian Nation had no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the proposed project
areas. However, the Catawba asked to be notified if Native American artifacts and/or human
remains are located during the ground disturbance phase of this project. The Catawba Indian Nation
response is attached.
Threatened & Endangered Species
There is one federally listed species, one species proposed for federal listing, and one candidate
species within the project area (Table 4).
Table 4. Federally protected species listed for project study area in IPAC*
Scientific Name
Common Name
Federal
Habitat
Biological
Status+
Present
Conclusion
Helianthus schweinitzii
Schweinitz's sunflower
E
Yes
No Effect
Perimyotis subflavus
Tricolored bat
PE
Yes
NLAA'
Danaus plexippus
Monarch butterfly
C
Not
Not Required
Evaluated
*IPAC Report was ran on 7.28.2023.
+PE —Proposed Endangered
+E — Endangered
+C- Candidate
NLAA-Not Likely to Adversely Affect
Schweinitz's Sunflower
Surveys for Schweinitz's sunflower (Helianthus schweinitzii) were conducted on September 6,
2023. No Schweinitz's sunflowers were found during the survey. Additionally, there are no known
populations of Schweinitz's sunflower in the action area or within one mile of the action area. With
a negative species survey and no known populations within one mile of the action area, we
recommended a biological conclusion of `No Effect'.
Tricolored Bat
The USFWS proposed the listing of the tricolored bat (Perimyotis subflavus) in the Federal Register
on September 14, 2022. The USACE has initiated informal consultation with the USFWS by email
dated September 21, 2023 (copy attached).
Monarch Butterfly
Surveys for the monarch butterfly are not required.
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.
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 July 31, 2023 using color aerials. No water bodies large enough
or sufficiently open to be considered potential feeding sources were identified. 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. A review of the USFWS IPaC database on July 31,
2023 indicated there are no documented cases of eagles being present in the study area.
Additionally, a review of the NCDOT's Project ATLAS Natural Heritage Data Report on August
2, 2023 revealed no known occurrences of this species within 1.0 mile of the project study area.
Due to the lack of habitat and known occurrences, it has been determined that this project will not
affect this species.
Indirect and Cumulative Impact Analysis
The project may alter travel patterns, reduce travel time or open areas for development or
redevelopment. Due to the potential transportation impact -causing activities, this project may
influence nearby land uses or stimulate growth. Federal, state and local policies are in place to
effectively manage growth and development and protect natural resources within the Future Land
Use Study Area (FLUSA).
REGULATORY APPROVALS
Section 404: Application is hereby made for a Nationwide 14 General 404 Permit as required for
the above -described activities.
Section 401: An individual 401 Water Quality Certification is anticipated from the N. C. Division
of Water Resources.
A jurisdictional determination package is attached with this permit application, and staff are
available for a site visit to review the jurisdictional status of water resources and review this
application.
Thank you for your assistance with this project. If you have any questions or need additional
information, please contact me at aeulissnncdot. oovv or (336) 747-7802.
Sincerely,
_A`% E7,
Amy Euliss, Division 9 PDEA Engineer
NCDOT
Electronic cc: Dave Wanucha, NCDWR Transportation Permitting Unit
Jeremy Keaton Division 9 Project Manager
Holland Youngman, USFWS
Dave McHenry, NCWRC
Gordon Cashin, Arcadis, US Inc
USACE Jurisdictional Determination Request
urisdictional Determination Reauest
U5 Army Corps
of Engineers
Wilmington Districi
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProgram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: (828) 271-7980
Fax Number: (828) 281-8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554-4884
Fax Number: (919) 562-0421
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: (910) 251-4610
Fax Number: (252) 975-1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: (910) 251-4025
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: Between Henry Link Access/Old Linwood Rd
City, State: Lexington, NC
County: Davidson
Parcel Index Number(s) (PIN): Various (see attached plans)
B. REQUESTOR INFORMATION
Name: Amv Euliss
Mailing Address: 375 Silas Creek Parkway
Telephone Number:
Electronic Mail Address:
Select one:
Winston Salem, NC 27127
336-747-7802
aeuliss@ncdot.gov
I am the current property owner.
I am an Authorized Agent or Environmental Consultanti
Interested Buyer or Under Contract to Purchase
Other, please explain.
C. PROPERTY OWNER INFORMATION
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address:
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2
Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Amy Euliss
Print Name
Capacity: ❑ Owner Z Authorized Agent'
10/25/2023
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑✓ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
' For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
7 I am requesting that the Corps provide a preliminM JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area 61 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4
Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
35.793707
Longitude:-80.278459
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
F] Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5
Jurisdictional Determination Request
F4Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS• please complete an Approved Jurisdictional Determination Form'.
F4 Vicinity Map
zAerial Photograph
z USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
❑✓ NC Division of Water Resources Stream Identification Forms
hJ Other Assessment Forms
' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf
8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory
authorities referenced above.
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. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 1 0/25/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Amy Euliss, 375 Silas Creek Parkway, Winston Salem, NC 27127
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Davidson City: Lexington, NC
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.793707 Long.:-80.278459
Universal Transverse Mercator:
Name of nearest waterbody: Rat Spring Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
■❑ Field Determination. Date(s): 08/01 /2023
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)
35.793373
-80.285100
525
Perennial Stream
Section 404
2
35.793151
-80.277918
58
Intermittent Stream
Section 404
3
35.792123
-80.271893
766
Intermittent Stream
Section 404
4
35.794794
—80.286396
83
Perennial Stream (Rat Spring Branch)
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:Figure 3
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ 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
Lexington West
❑ 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):
or ■❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ 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.
Signature and date of
Regulatory staff member
completing PJD
I ]/YSignatu a and date of '�3
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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- Davidson County
NC Counties
NHD Stream
0 Study Area
NOTES:
1. Aerial Imagery Obtained from ESRI Imagery Services
0 1,000 2,000
Feet
0 500 1,000
Meters
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Ridge
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New Roadway Connecting SR 1104
OF NORTH �� (Old Linwood Rd) to Henry Link Road
.gTIP Project HE-0014 o
Cy Davidson County, North Carolina
Project Vicinity Map
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1 ' Legend New Roadway Connecting SR 1104
0 Study Area OF NORTH (Old Linwood Rd) to Henry Link Road
C4
RD TIP Project HE-0014
Cy Davidson County, North Carolina
Citation:
1. Lexington West, North Carolina USGS 7.5' Topographic Series USGS Topographic Map
S
� a
0 1,000 2,000 of
Feet T 4L� ■A■ 11�� FIGURE
0 500 1,000 Meters �FNT OF TRAN�eO P ■� 1D CA V I S 2
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5.0 WATER RESOURCES
Water resources in the study area are part of the Yadkin Pee -Dee River basin, U.S. Geological
Survey (USGS) Hydrologic Unit 03040103. Four streams were identified in the study area (Table
4). The location of each stream is shown in Figure 4.
Table 4. Streams in the Study Area
NCDWR
Best Usage
Bank
Bankfull
Depth
Stream Name
Map ID
Index
Classification
Height (1t)
Width (1t)
(in)
Number
Rat Spring Branch
Named Stream
12-113-5
C
2
12
0.5
UT to Rat Spring
SA (S-001)
12-113-5
C
1.5
6
0.4
Branch
UT to Rat Spring
SB (S-002)
12-113-5
C
1
1
0.2
Branch
UT to Rat Spring
SC (S-003)
12-113-5
C
1
2
0.2
Branch
There are no waters designated as an Outstanding Resource Water (ORW), High Quality Waters
(HQW) or water supply watersheds (WS-I or WS-II) within, or within 1.0 mile downstream of the
study area. The North Carolina 2022 Final 303(d) list of impaired waters does not identify streams
within the study area as impaired waters.
6.0 REGULATORY CONSIDERATIONS
6.1 Clean Water Act Waters of the U.S.
Four streams were identified in the study area (Table 6). The location of these streams is shown
on Figure 4. NCDWR stream identification forms will be included in a separate PJD Package. All
streams in the study area have been designated as warm water streams for the purposes of stream
mitigation.
Table 6. Regulatory Status of Streams in the Study Area
Map ID
Length
ft.
Classification
Compensatory Mitigation
Required
River Basin Buffer
Rat Spring Branch
83
Perennial
Yes
Not Subject
SA*
525
Perennial
Yes
Not Subject
SB
58
Intermittent
Yes
Not Subject
Sc
766
Intermittent
Yes
Not Subject
Total
1,432
* NCSAM forms will be available in the 7D package
NC DWQ Stream Identification Form Version 4.11 Stream SA
Date: 08/01/2023
Project/Site: HE-0014 Brown St.
Latitude: 35.793373
Evaluator: Ron Johnson, Gordon Cashin
County: Davidson
Longitude:-80.285686
Total Points:
Stream Determination (circle one)
Other Stream SA
Stream is at least intermittent 38
Ephemeral Intermittent erennia
e.g. Quad Name: Lexington West
if >_ 19 or perennial if >_ 30`
A. Geomorphology (Subtotal = 20
Absent
Weak
Moderate
Strong
a. Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2Q
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes =0
a artificial ditches are not rated; see discussions in manual Q
B. Hydrology (Subtotal = 9 )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
1 0.5
1 1.5
17. Soil -based evidence of high water table?
No = 0
Yes 3
C. Biology (Subtotal = 9_)
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =
1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
NC DWQ Stream Identification Form Version 4.11 Stream SB
Date: 08/01/2023
Project/Site: HE-0014 Brown St.
Latitude: 35.793151
Evaluator: Ron Johnson, Gordon Cashin
County: Davidson
Longitude:-80.277918
Total Points:
Stream Determination (circle one)
Other Stream SB
Stream is at least intermittent 19
Ephemeral ermitte Perennial
e.g. Quad Name: Lexington West
if >_ 19 or perennial if >_ 30`
A. Geomorphology (Subtotal = 4.5
Absent
Weak
Moderate
Strong
a. Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
O
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
a artificial ditches are not rated; see discussions in manual O
B. Hydrology (Subtotal = 7.5 )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes 3
C. Biology (Subtotal =
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
CO)
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =
1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
NC DWQ Stream Identification Form Version 4.11 Stream SC
Date: 08/01/2023
Project/Site: HE-0014 Brown St.
Latitude: 35.792123
Evaluator: Ron Johnson, Gordon Cashin
County: Davidson
Longitude:-80.271893
Total Points:
Stream Determination (circle one)
Other Stream SC
Stream is at least intermittent 20.5
Ephemeral ermitte Perennial
e.g. Quad Name: Lexington West
if >_ 19 or perennial if >_ 30`
A. Geomorphology (Subtotal = 7
Absent
Weak
Moderate
Strong
a. Continuity of channel bed and bank
0
1
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
Q1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0
1
1.5
10. Natural valley
0
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
a artificial ditches are not rated; see discussions in manual O
B. Hydrology (Subtotal = 7.5 )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes 3
C. Biology (Subtotal =
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
CO)
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =
1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
Catawba Indian Nation Response
Office 803-328-2427
Fax 803-328-6791
May 3, 2023
Attention: Amy Euliss
NC Department of Transportation
375 Silas Creek Parkway
Winston-Salem, NC 27127
Re. THPO # TCNS # Project Description
2023-193-140 Relocation of Brown Street in Davidson Co. as project HE-0014
Dear Ms. Euliss,
The Catawba have no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the
proposed project areas. However, the Catawba are to be notified if Native American
artifacts and / or human remains are located during the ground disturbance phase
of this project.
If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail
Caitlin.Rogers@catawba.com.
Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer
Historic Architecture No Survey Required Form and
Archaeological Survey Required Form
Project Tracking No. (Internal Use
23-04-0001
t HISTORIC ARCHITECTURE AND LANDSCAPES
rl NO SURVEY REQUIRED FORM
�' '�' This form only pertains to Historic Architecture and Landscapes for this project. It
is not valid for Archaeological Resources. You must consult separately with the
4
Archaeology Group.
PROJECT INFORMATION
Project No:
HE-0014
County:
Davidson
WBS No.:
50795
Document
State MCC
T e:
Fed. Aid No:
Funding:
X State Federal
Federal
X Yes No
Permit
USACE
Permits :
Typ e s :
ProiectDescription: Relocate Brown Street to new location in Lexington. Construct new
roadway connecting SR 1104 (Old Linwood Road) to Henry Link Road and left turn
lanes and signal improvements on SR 1104 no off -site detourspecified in review).
SUMMARY OF HISTORIC ARCHITECTURE AND LANDSCAPES REVIEW
Description of review activities, results, and conclusions: HPOWeb reviewed on 11 April 2023
and yielded no NR, SL, LD, DE, or SS properties in the Area of Potential Effects (APE).
Davidson County current GIS mapping, aerial photography, and tax information indicated an
APE of mostly woodland and some cultivated fields with residential and commercial resources
dating from the late 1930s to the 2000s (viewed 11 April 2023). Pre-1970 resources are
unexceptional, mostly altered examples of their types. Google Maps "Street View" confirmed
the presence and character of the above -ground resources and the absence of any requiring
additional investigation in the APE (viewed 11 April 2023).
No architectural survey is required for the project as currently defined.
Why the available information provides a reliable basis for reasonably predictinz that there
are no unidentified siznificant historic architectural or landscape resources in the proiect
area: APE equates with the study area provided in the review request (see attached). The
comprehensive county architectural survey (1981) and later investigations recorded no
properties in the project area (Paul B. Touart, Building the Backcountry.• The Architectural History of
Davidson County, North Carolina ([Lexington, NC]: The Davidson County Historical Association, 1987)).
No National Register -listed properties or other architectural or landscape resources of
significance are located within the APE.
Should the project limits, document type, or design change, please notify
NCDOT Historic Architecture as additional review may be necessary.
SUPPORT DOCUMENTATION
X Map(s) ❑Previous Survey Info. ❑Photos ❑Correspondence ❑Design Plans
FINDING BY NCDOT ARCHITECTURAL HISTORIAN
Historic Architecture and Landscapes -- NO SURVEY REQUIRED
-- 21 April 2023
NCDOT Architectural Historian
Date
Historic Architecture and Landscapes NO SURVEY REQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement.
A �4
}ry ;. LnN�lph i ar
fat
a
sr •
Project Location
H E-0014 Brown Street Relocation Davidson County
WBS No. 50795 Base map: HPOWeb, nts
NCDOT —Historic Architecture
Apri12023
PA Tracking No, 23-04-0001
Historic Architecture and Landscapes NO SURVEYREQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement.
HE-0014, Davidson County PA Tracking No. 23-04-0001
Historic Architecture and Landscapes NO SURVEYREQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement.
Project Tracking No.:
F23-04-0001
,oC ARCHAEOLOGICAL SURVEY REQUIRED FORM
This form only pertains to ARCHAEOLOGICAL RESOURCES for
this project. It is not valid for Historic Architecture and Landscapes. You must
consult separately with the Historic Architecture and Landscapes Team. d.
PROJECT INFORMATION
Project No: HE-0014, new location County: Davidson
WBS No: 50795.1.1 Document: State CE
F.A. No: n/a Funding: ® State ❑ Federal
Federal Permit Required? ® Yes ❑ No Permit Type: (pending) USACE
Project Description:
The North Carolina Department of Transportation proposes the construction of a new roadway
connecting SR 1104, Old Lindwood Road, to Henry Link Road. Other, smaller improvements are
proposed on connecting roadways and nearby intersections for example, adding turn lanes to SR
1104 where necessary. The currently state -funded project is estimated to be 0.85 miles (4500
feet) for the new location road and intersections, with an additional 0.70 miles (3700 feet) to
include any necessary improvements to intersecting crossroads (SR 1104). The project width
varies from 60 feet along SR 1104 to a studied 550 feet (0.1 miles) corridor for the new location
roadway, a buffered area which allows for multiple alignments and designs. The studied area is
about 61 acres. For purposes of this archaeological review, the Area of Potential Effects (APE)
includes all areas of potential earthmoving construction including any necessary new ROW, cut
or fill areas, or easements, that is, the area described above. In anticipation of any possible
federal funding or permit requirements for this undertaking, Section 106 of the National Historic
Preservation Act applies for this cultural resources review.
SUMMARY OF ARCHAEOLOGICAL RESOURCES REVIEW: SURVEYREQUIRED
Brief description of review activities, results of review, and conclusions:
The construction of a new location roadway and smaller improvements along existing roadways
are proposed southwest of Lexington in Davidson County. A broad study area for the new
location portion of the project allows for multiple alignments and designs to be studied. For
connecting roads and intersections, the APE narrows since the proposed widening by adding
lengths of turning lanes will not require realignment. The most of the APE is undeveloped with
the majority of the acreage covering forested terrain. Utilities are present in the form of an
apparent sewage easement near the southern margins of the APE and large, aerial power lines
crossing the APE at two locations on the eastern side of the project. On existing roads, occasional
residences and edges of neighborhoods are included in the APE, along with some industrial
facilities towards the Norfolk Southern rail line on the west side.
USGS topographic maps, historic maps, and mid -twentieth century aerials (1955 and later) were
examined to better understand the early twentieth century context. The historic aerial
photography does show that SR 1104 has been realigned within the APE, generally flattening or
straightening curves. Only a small number of structures are present along the roadway in the mid-
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM `ARCHAEOLOGICAL SURVEYREQUIRED" FORM
1 of 5
Project Tracking No.:
23-04-0001
century. The majority of the APE appears to have been forested at least since the 1950s or earlier,
according to older aerials and USGS topographic mapping (Lexington West), perhaps indicative
of the sloped terrain throughout much of the project area. LiDAR and soils mapping were also
referenced to better understand details within the terrain and soil qualities. LiDAR data in the
APE illustrates a narrow floodplain which is banked by relatively steep slopes which generally
slope upwards towards the north where the terrain levels outside of the APE where modern
housing is present.
Soils included inside the APE include the regularly flooded, poorly drained Chewacla loam
(ChA) which is 10% of the study area near the creek or stream which parallels the project on the
south side. Cecil sandy loam makes up the bulk of the soil type present at about 80% of the APE
and has two specific units, CcD (46.8%) and CcB (33.1%), at 8-15 percent slopes and 2-8 percent
slopes, respectively. Other soils are present in smaller percentages include sloped (2-25%) loams
and sandy loams (Enon fine sandy loam, EnB; Mecklenburg loam, MeB and MeD; and Pacolet
sandy loam, PaE) and a small area of Urban land, Ur). The terrain and soil types suggest that
archaeological sites may be present within the APE which could be intact, however, the sloping
nature of the landforms are less frequently inhabited or contain typical archaeological site types.
The possibility for erosion of the topsoil and any archaeological site present is also higher due to
slope. However, as the project area is for a new location roadway within a broad corridor, new
impacts will occur and merit further investigation.
There are no historic districts present in the nearby vicinity. No documented cemeteries have
been identified. A review of archaeological site locations and shapefiles maintained by the North
Carolina Office of State Archaeology (OSA) showed no archaeological sites within the APE.
However, several environmental reviews for cultural resources are present nearby, adjacent or
overlapping the APE. It is noteworthy these archaeological reviews (ER 20-0678 [industrial
park], CH 15-1693, CH 13-1312 and ER 13-1946 [solar farms], ER 20-2397 [obstruction removal
near airport], and ER 22-0462 [residential development]), which contain sizable acreage, did not
result in recommendations for surveys.
The project APE contains over sixty acres, much of this as undeveloped land adjacent to a small
stream. The topology and soils associated with the project are not strongly associated with
common or typical archaeological site types due to slope over the majority of the project and, in
the case of the narrow floodplain, wetness of the soil. Because the project involves constructing a
new location roadway, the earthmoving activities have a greater potential to encounter intact
archaeological resources, should any be present. Therefore, due to the scale and nature of the
undertaking more than environmental setting, an archaeological survey is recommended to
identify and document archaeological resources which might be impacted by the project, and to
evaluate their eligibility for listing on the National Register of Historic Places. A pedestrian,
visual inspection of the corridor should be conducted to locate any surface or above ground
archaeological features such as cemeteries, mills, foundations, and wells. This work will guide
the placement of subsurface testing at select locations to refine surface resources and to identify
otherwise buried cultural materials and features. These should then be separately evaluated for
NRHP eligibility. Note the APE may be refined prior to field surveys.
(This project falls within a North Carolina County in which the following federally recognized
tribe has expressed an interest: Catawba Indian Nation. We recommend that you ensure that
this documentation is forwarded to these tribes using the process described in the current
NCDOT Tribal Protocol and PA Procedures Manual.)
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM `ARCHAEOLOGICAL SURVEY REQUIRED" FORM
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Project Tracking No.:
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SUPPORT DOCUMENTATION
See attached: ® Map(s) ❑ Previous Survey Info ❑ Photos ❑Correspondence
Other:
FINDING BY NCDOT ARCHAEOLOGIST —SURVEY REQUIRED
NCDOT ARCHAEOLOGIST
TBD, 2023
Proposed fieldwork completion date
April 12, 2023
Date
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM `ARCHAEOLOGICAL SURVEY REQUIRED" FORM
3 of 5
Project Tracking No.:
Gni
0 2,000 4,000
f
8,000
7Feet -- _
23-04-0001
Figure 1. USGS mapping (Lexington West) showing the vicinity of the proposed new location road and other improvements
southwest of Lexington in Davidson County. The approximate, buffered APE is shaded yellow.
2020 PROGRAMMATICAGREENIENT ARCHAEOLOGY TEAM "ARCHAEOLOGICAL SUR VEYREQUIRED" FORM
4of5
Project Tracking No.:
23-04-0001
Figure 2: Aerial photography of the study area -based APE, shaded yellow, for the proposed new location road and
associated intersecting road improvements, especially along SR 1104. Note, the majority of the APE is undeveloped, though
sometime sloping terrain.
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "ARCHAEOLOGICAL SURVEY REQUIRED" FORM
5of5
No NRHP Archeological Sites Present Form
Project Tracking No.
23-04-0001
NO NATIONAL REGISTER OF HISTORIC PLACES
ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES?'-
PRESENT FORMµ'v
a t This form only pertains to ARCHAEOLOGICAL RESOURCES for this project. 4
It is not valid for Historic Architecture and Landscapes. You must consult
separately with the Historic Architecture and Landscapes Team.
PROJECT INFORMATION
Project No: HE-0014 new location County: Davidson
WBS No: 50802.1.1 Document: State CE
F.A. No: n/a Funding: ® State ❑ Federal
Federal Permit Required? ® Yes ❑ No Permit Type: (pending) USACE
Project Description: The North Carolina Department of Transportation proposes the construction of
a new roadway connecting SR 1104, Old Lindwood Road, to Henry Link Road. Other, smaller
improvements are proposed for connecting roadways and nearby intersections. Since the original
review in April 2023, the project limits have been refined. The project length is estimated to be about
0.90 miles (4800 feet) for the new location road. The project width varies but can be generalized to
140 feet inclusive of ROW, cut and fill locations, and easements. The studied area is about 16.4
acres. For purposes of this archaeological review, the Area of Potential Effects (APE) includes all
areas of potential earthmoving construction including any necessary new ROW, cut or fill areas, or
easements, that is, the area described above. In anticipation of any possible federal funding or permit
requirements for this undertaking, Section 106 of the National Historic Preservation Act applies for
this cultural resources review.
SUMMARY OF ARCHAEOLOGICAL FINDINGS
The North Carolina Department of Transportation (NCDOT) Archaeology Team has reviewed
the subject project and determined:
® There are no National Register listed ARCHAEOLOGICAL SITES within the project's area
of potential effects. (Attach any notes or documents as needed.)
❑ No subsurface archaeological investigations were required for this project.
❑ Subsurface investigations did not reveal the presence of any archaeological resources.
® Subsurface investigations did not reveal the presence of any archaeological resources
considered eligible for the National Register.
® All identified archaeological sites located within the APE have been considered and all
compliance for archaeological resources with Section 106 of the National Historic
Preservation Act and GS 121-12(a) has been completed for this project.
SUPPORT DOCUMENTATION
See attached: ® Map(s) ❑ Previous Survey Info ❑ Photos ❑Correspondence
Other: Artifact Inventory
Signed:
OCTOBER 5, 2023
J&4-6;2_L=
NCDOT ARCHAEOLOGIST Date
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "NO NATIONAL REGISTER ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES PRESENT" FORM
10 9
Project Tracking No.
23-04-0001
Brief description of review activities, results of review, and conclusions:
A new location roadway is proposed with the alignment mostly on undeveloped terrain except at each
end which ties into existing roads. As noted in the April 2023 recommendation for archaeological
survey, most of the APE has soil type and terrain that are not favorable for many types of human
activities that would result in recognizable archaeological sites. This is due to two factors, the degree
of slope on hillsides or the poor drainage qualities and frequency of flooding on the lowland soils.
The presence of archaeological sites on those landforms are less likely to yield archaeological sites,
including any that might be eligible for the NRHP. Additionally, there has been extensive and total
clearcutting of trees over much of the APE leaving exposed ground visible on May 2023 aerials. This
type of harvesting of trees on hillsides often quickly leads to erosion and would affect the integrity of
any archaeological sites that may be present.
The APE crosses the relatively level, well drained Cecil sandy loam (CcB, 2-8% slopes) for about
800-1000 feet on the eastern third of the project which has more probability for sites. A smaller
portion of this soil is also present at the location of a former mobile home park which has since been
cleared and modified around the time of the clearcutting. This terrain is more favorable land and may
contain archaeological sites, therefore, the intensive archaeological survey focused on that soil type.
At the time of the survey, the subsurface tested area was mostly characterized by moderate hills
covered in a pasture of hay which had recently been harvested.
The archaeological survey was conducted by NCDOT staff archaeologists, Brian Overton, Shane C.
Petersen, and Damon Jones on September 20-21, 2023. The APE was visually inspected which
confirmed expectations from the previous form recommending the survey. Conditions present on
most the western two thirds of the project did indicate the recent clearcut. No trees remain in the APE
from west of the area shovel -tested to past the form mobile home park on the west side of the project.
Elsewhere, at areas marked as having poorly drained and frequently flooded soils, the Chewacla soil
type, use as agricultural fields was noted. These had zero ground surface visibility and were not
further surface inspected.
As noted above, the soil type identified for intensive survey was easily accessible and found covered
in harvested hay yielding grassy fields separated by narrow tree lines. Two large power easements
cross the APE in these fields, and one metal tower supporting the lines is present about 25 meters
north of STP 1. Using handheld GPS data collectors (GeoExplorer XT) for mapping guidance, a
transect of shovel test pits spaced at 30-meter intervals was laid out and excavated. The shovel test
pits, as usual, measured about 30 cm in diameter and were excavated and screened in natural layers
until undisturbed soils were encountered. Any shovel test pits with artifacts present were
supplemented with additional, radial shovel testing spaced at 15 meters away on the grid to possibly
increase the artifact count, observe any density changes, and to better define site limits. Landforms
or other natural and artificial changes on the landscape have also been used for site delineation and
boundaries.
Seven STP locations were excavated and mapped using a GPS data collector. East and west of the
line of tests are lower, Chewacla soils before crossing the hillside as the APE travels westward. Soil
stratigraphy changed subtly across the transect but can be generalized as having about 10 cm of
organic root mat, plowzone or intermediate soils to a depth of about 20-30 cm below the surface, then
a subsoil usually in the form of clayey soil at 30 to 40 cm in depth. STP 1 and 6 yielded artifacts, all
non -diagnostic lithic debitage, and received additional testing.
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "NO NATIONAL REGISTER ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES PRESENT" FORM
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Project Tracking No.
23-04-0001
At the first site, documented with the Office of State Archaeology as 31Dv799, one flake was found
in STP 1, followed by two flakes to the east and one to the south in radial testing. Testing to the west
yielded no additional cultural material. Artifacts are believed to originate from the upper stratigraphy
and no buried horizons or features were observed. To the south and east, the landform drops off into
the adjacent Chewacla soil type and no additional shovel test pits were warranted. The site boundaries
are based on a combination of the presence and absence of artifacts on the shovel test grid and the
natural topography. This low -density lithic scatter is not recommended as eligible for listing on the
National Register of Historic Places.
The second site, recorded with the Office of State Archaeology as 31Dv800, is located about 150
meters to the west before reaching the power easement and tree line at the edge of the field. STP 6
yielded a flake fragment. Three radial shovel test pits were placed to the north, east and west of STP
6. No shovel test was placed to the south within the tree line which has undulating ground and appears
upturned or disturbed. The western radial of STP 6 produced two flakes. None of the three artifacts
are diagnostic. This low -density lithic scatter is not recommended as eligible for listing on the
National Register of Historic Places.
Shovel test pits 2-5 and 7 produced no artifacts. STP 7, located in a large power easement, has an
eroded stratigraphy with subsurface clayey soil encountered immediately beneath organic root mat of
the grassy hay. Further to the west is a narrow tree line and Chewacla soil giving way to the sloped
Cecil sandy loam soil type (CeD), now clear cut. Because of the degree of slope and clearing, no
shovel test pits were excavated further west. A small, relatively level pocket of Cecil sandy loam
(CeB) near the former mobile home park has been modified and was not subsurface tested.
Two new archaeological resources were identified during the survey, recorded as sites 31Dv799 and
31Dv800. Both sparse lithic scatters had no diagnostic artifacts and required no additional field work.
Neither of the small sites are likely to yield new, significant information about the past. Neither is
recommended as eligible for listing on the National Register of Historic Places. Based on these
findings, the project as currently proposed is considered compliant with Section 106 of the National
Historic Preservation Act and North Carolina General State 121-12(a). Should the project scale,
general design, or project limits change, it would be appropriate to reevaluate the need, if any, for
additional archaeological investigations. In the unlikely event that archaeological materials are
encountered through the course of this project's completion, all work should cease in the impacted
areas and this office should be contacted for further consultation.
(This project falls within a North Carolina County in which the following federally recognized tribes
have expressed an interest: Catawba Indian Nation. We recommend that you ensure that this
documentation is forwarded to these tribes using the process described in the current NCDOT Tribal
Protocol and PA Procedures Manual.)
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "NO NATIONAL REGISTER ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES PRESENT" FORM
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Project Tracking No.
23-04-0001
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Figure 1. USGS mapping (Lexington West) showing the location and surrounding vicinity of HE-0014 / PA 23-04-0001, a
proposed new location road in Davidson County. The archaeological APE is shown in yellow.
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "NO NATIONAL REGISTER ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES PRESENT" FORM
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Project Tracking No.
23-04-0001
0 500 1,000 2,000
Feet
Y
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/0
Figure 2. Aerial photography of the refined APE (yellow) for the new location road. The western two thirds of the project has
been clear cut since this image was captured (c. 2022- May 2023). Contours at 2-ft intervals illustrate the sloping terrain.
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "NO NATIONAL REGISTER ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES PRESENT" FORM
5 U9
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31Dv800 _ �- �s'o1fs
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Project Tracking No.
23-04-0001
400
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Figure 3. Aerial of the APE (yellow) in the eastern project area where subsurface testing identified two new sites, 31Dv799 and
31Dv8OO. Intensive, subsurface survey focused on this soil type and relatively low slope angle, marked between the dashed lines.
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "NO NATIONAL REGISTER ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES PRESENT" FORM
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ST 2
0
ST1west 15m
0
ST 1
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ST 1 south radial 15 m
ST 1 north radial 15m
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ST 1 easCradial
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Project Tracking No.
23-04-0001
50 100
Feet
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%1C 031A, Maxar., Microsoft
Figure 4. Aerial photography showing the APE (yellow), shovel testing pattern with positive STPs (partially filled circles), and
site boundaries (red) for 31Dv799, a lithic scatter. The boundary is based on the extent of positive STPs and topographic changes.
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "NO NATIONAL REGISTER ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES PRESENT" FORM
7U9
ST 7
0
l ST 6 west radial
a m
ST 6
ST 6 north radial
0
ST 6 east radial
0
ST 5
0
Project Tracking No.
23-04-0001
25 50 100
Feet
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ST 4
0
NC CGIA, Maxai, n;i1,uosott
Figure 4. Aerial photography showing the APE (yellow), shovel testing pattern with positive STPs (partially filled circles), and
site boundaries (red) for 31Dv800, a lithic scatter. The boundary is established using the extent of positive STPs and terrain.
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "NO NATIONAL REGISTER ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES PRESENT" FORM
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Project Tracking No.
23-04-0001
Artifact Inventory, PA 23-04-0001 / HE-0014 New Location Survey
Site 31Dv799 (temporary site 41)
Accession # 2023.0181
STP Class Type Material Count
1
lithic debitage
interior flake
rh olite
1
1 east radial
lithic debitage
lithic debitage
interior flake
interior flake
rhyolite
crystal quartz
1
1
1 south radial
I lithic debitage
1 interior flake
I rh olite
I 1
Total
Site 31Dv8OO (temporary site 42)
STP
Class Type
4
Accession # 2023.0182
Material Count
6
lithic debitage
flake fragment
tuff
1
6 west radial
lithic debitage
interior flakes
tuff
2
Total
3
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "NO NATIONAL REGISTER ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES PRESENT" FORM
90f9
USFWS Information for Planning and Consultation (IPAC)
Report
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
In Reply Refer To:
Project Code: 2024-0014909
Project Name: Brown Street Relocation - HE-0014
November 09, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. Effects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other
11/09/2023
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
• Migratory Birds
• Wetlands
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
11/09/2023
3
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
(828) 258-3939
11/09/2023
4
PROJECT SUMMARY
Project Code: 2024-0014909
Project Name: Brown Street Relocation - HE-0014
Project Type: Road/Hwy - New Construction
Project Description: The North Carolina Department of Transportation (NCDOT) proposes to
construct approximately 1 mile of road on new location from Henry Link
Access Road to Old Linwood Road (SR 1104) to relocate existing Brown
Street (SR 1254).
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. goo gle. com/maps/Q35.7902123,-80.2 72 70841889344,14z
W.miwr —
n
2
. Rod mr Fr
Counties: Davidson County, North Carolina
11/09/2023 5
ENDANGERED SPECIES ACT SPECIES
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3849
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
11/09/2023
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the
Migratory Bird Treaty Act2.
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treat. Act of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
THERE ARE NO BALD AND GOLDEN EAGLES WITHIN THE VICINITY OF YOUR PROJECT AREA.
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
11/09/2023
NAME
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
https:Hecos.fws.gov/ecp/species/9406
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
https:Hecos.fws.gov/ecp/species/9398
PROBABILITY OF PRESENCE SUMMARY
BREEDING SEASON
Breeds Mar 15 to Aug 25
Breeds May 10 to Sep 10
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read the supplemental
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
SPECIES
Chimney Swift
BCC Rangewide
(CON)
Red-headed
Woodpecker
BCC Rangewide
(CON)
probability of presence breeding season I survey effort — no data
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
++++ ++++ ++++ + J}� =iii +1++ +++1 ++11 +++— +--- +++— —�++
■WE ribom ==== =MIME Mi==
+++� ++++ ++++ ++++ +1117+4-
7 ++++
11/09/2023 8
Additional information can be found using the following links:
• Eagle Management https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-mi ratory-birds-and-bald-and-golden-ea les-may-occur-
project-action
WETLANDS
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED.
PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD
OFFICE FOR FURTHER INFORMATION.
11/09/2023
IPAC USER CONTACT INFORMATION
Agency:
North Carolina Department of Transportation
Name:
Ron Johnson
Address:
8618 Aldergate Court
City:
Charlotte
State:
NC
Zip:
28210
Email
ron.johnson@arcadis.com
Phone:
7044888054
USFWS Informal Consultation for the Tricolored Bat
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY
September 20, 2023
Ms. Holland Youngman
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Subject: Section 7 Concurrence Request for the Tricolored bat for the proposed
relocation of existing Brown Street from Henry Link Access Road to Old Linwood Road
in Lexington, Davidson County. Project no. HE-0014. WBS No. 50795
Dear Ms. Youngman:
Please accept this Section 7 Concurrence Request for the Tricolored bat for the proposed
existing Brown Street from Henry Link Access Road to Old Linwood Road in Lexington,
Davidson County.
The project will construct approximately 1 mile of road on new location from Henry Link
Access Rd to Old Linwood Rd. The typical section will consist of two undivided 12-foot
travel lanes with 8-foot paved shoulders. There will be a new stream crossing of an
unnamed tributary to Rat Springs Branch on the new location. Improvements will be
made at Henry Link Access Rd and Old Linwood Rd to accommodate necessary turn
lanes. The replacement and extension of existing culvert will also be required at Old
Linwood Rd crossing the UT to Rat Springs Branch.
IPAC identifies one species for the USACE action area as endangered: Schweinitz's
sunflower (Helianthus schweinitzii). It also identifies the Tricolored bat (Perimyotis
subflavus) as proposed endangered in the project area. NCDOT wishes to consult on the
PESU since the species is anticipated to be listed prior to construction of the project.
The project is state funded, and a 404 permit will be required from the USACE. The
USACE is the anticipated lead federal agency.
The project is scheduled to begin construction in March 2023 with utility relocation
beginning in advance of construction.
Mailing Address: Telephone: (336) 747-7800 Location:
NC DEPARTMENT OF TRANSPORTATION Fax: (336) 703-6693 375 SILAS CREEK PARKWAY
DIVISION 9 Customer Service: 1-877-368-4968 WINSTON-SALEM, NC 27127
375 SILAS CREEK PARKWAY
WINSTON SALEM, NC 27127
Website: ncdot.gov
Bat Survey Report is attached.
Effects to the Tricolored Bat
Foraging, Commuting, and Roosting behavior for PESU/Tree Clearing
The Tricolored bat (PESU) utilizes a variety of structures, including culverts, bridges and
abandoned structures for roosting in the summer. Maternity roosts are found in a variety
of terrestrial habitats, including live and dead trees and in live and dead foliage and
lichens in the tree canopies (NaturServe 2022). There is element occurrence data for the
tricolored bat approximately 10 miles from the action area at Boone's Cave Site 1 in
Davidson County. This site element occurrence data represents a known hibernaculum of
PESU (Katherine Etchison, NCWRC-email communication).
PESU primarily utilizes abandoned caves and underground mines for their hibernacula in
the winter. They can be found emerging from the hibernacula in the spring and fall.
For PESU, habitat types that were assessed for impacts associated with the project
include roosting locations in caves, mines, and foraging/commuting locations in a variety
of woody habitats. The action area for the project includes woody habitats that qualify
as suitable habitat for PESU. There are streams that will be impacted by the project.
Therefore, PESU foraging, commuting, and roosting behaviors may be impacted by
project construction.
There are no bridges or abandoned structures in the action area. There are two culverts
that are 3' or greater in diameter and 60' or longer that are in the action area. These
culverts will not be impacted by the project. These structures meet the minimum
requirements for surveys in the 2023 NCDOT Bat SOP. They were surveyed for bats on
August 1, 2023, and no evidence of bats was found. We will be working on 2 culverts
that are greater than 3' in diameter but shorter than 60' long. While these culverts are
below the survey threshold in the 2023 NCDOT Bat SOP, they were surveyed on August
1 and September 6, 2023, and no evidence of bats was found. There will be no work in
additional culverts that are 24'35" in diameter.
Based on the most circuitous alternative and widest slope stakes, the total limits of tree
clearing are estimated to be 1.5 acres in the project study area and the length in the limits
of construction is approximately 0.884 miles. A large portion of the new location
roadway was logged prior to Right of Way acquisition. Since it was logged by the
property owner, prior to the project, it has not been included in the 1.5 acre total. There
will be clearing along the road corridor and clearing along the streams. Because the
suitable habitat for PESU is so broadly defined, the potential effect that clearing of
woody vegetation anywhere within the project study area may have on PESU commuting,
foraging and roosting behavior cannot be completely ruled out. However, effects from a
reduction in commuting and foraging areas are expected to be discountable and
insignificant due to the availability of alternative forested areas in the surrounding
landscape. NCDOT will commit to a tree clearing moratorium from April 1 to October
15 effective with the listing of the tricolored bat. NCDOT will utilize Method III clearing.
The clearing limits will be marked to meet the requirements of the NCDOT Standards.
Roosting Foraging & Commuting behavior of PESU/Lighting:
The potential exists that the addition of lighting could indirectly affect commuting bats
that may be present in the area by avoiding lit areas, causing them to use other areas,
possibly impacting individual bat fitness due to longer flight distances or threats from
predation or vehicle traffic in new routes. However, these potential effects from PESU
choosing alternate commuting areas due to additional lighting are expected to be
insignificant due to the abundance of alternative forested area that is available in the
surrounding landscape.
There are three existing downcast streetlights in the project area. Permanent lighting that
is impacted by the project will be replaced with downcast lighting that meets the
requirements of the current edition of the AASHTO Roadway Lighting Design Guide.
Night work in the form of grading and paving may occur throughout the duration of the
project. Temporary lighting at night will be required for the safety of the construction
crews, and for visibility to complete the work. Lighting used for nighttime construction
work will be limited to what is necessary to maintain safety standards and will only be
directed toward active work areas.
Effects from permanent and temporary lighting may affect but should not adversely affect
roosting, foraging and community behavior; however, these effects will be minimized as
much as possible by utilizing downcast lighting.
Noise and PESU
Percussive activities for the project include blasting, jackhammers, guardrail installation
and road grading. While these activities are anticipated for the project, these activities
are not anticipated within 0.5 mile of a known PESU maternity roost. Furthermore, there
are no known PESU hibernacula within 10 miles of the action area, and there are no
underground mines located within the project study area or within 0.5 mile of the project
study area. No impacts to PESU roosting habitat are anticipated from noise.
Known winter roost data was provided by NCWRC. This agency surveys areas they
have determined have potential for hibernacula. The reason that blasting information is
provided is to demonstrate due diligence for evaluating impacts associated with this
activity on habitat (winter and summer). Hibernacula locations and underground mine
data were reviewed to determine if this activity may impact winter roosting habitat for
cave dwelling bat species. This is because of the vibratory nature of percussive activities;
the percussive activity imparts energy into the substrate which may cause an impact to
bats roosting underground. This cave/subsurface mine habitat does not exist within the
project area. In addition, WRC's records do not indicate they have found any hibernacula
for PESU within the project study area. This addresses lack of winter habitat
(hibernacula) in the area. As far as the summer roosting habitat (trees), because the
spectra of traffic and construction noise do not appreciably overlap with most bat
echolocation calls or their hearing of them, echolocation in most species of bats is likely
not affected by highway noise. In addition, the dBA of natural background sounds are
within the same dBA range of the traffic and construction sounds except for the most
extreme sound level for explosives. The maximum noise level for activities that will
occur as part of this project is 112 dBA, blasting). See comparison tables from Caltrans
Effects of Traffic Noise and Road Construction on Bats report 2016.
All noise attenuates (diminishes) with distance from the source (see California
Department of Transportation 2013 & 2016 for technical analysis procedures). This
occurs through geometric spreading and signal reduction from ground and atmospheric
absorption. Attenuation also varies with source type -point sources (e.g., construction
equipment) or linear sources (e.g., highway traffic). Noise from point sources traveling
over a hard site (e.g., bare soil or rock substrate) attenuates at approximately 6 dBA for
each doubling of distance. Noise from linear sources traveling over the same site
attenuates at approximately 3 dBA per doubling of distance. If the noise travels through a
soft site (e.g., a forest or meadow), these values are reduced further by 1.5 dBA, giving
standard attenuation rates of 7 .5 dBA and 4.5 dBA, respectively, for point and linear
sources. The point source attenuation equation for determining noise levels at specific
distances from a source (construction) is dBA2 = dBAI + 10 * log10 (DO / D) 2+ a
Assuming listed bat species are roosting in nearby trees and percussive activities will
occur (112 dBA, Table 4 below), then it has been determined that the noise level at a
potential bat tree roost in the surrounding forest that is 250 feet from the project
generating the noise is 95 dBA. Therefore, we anticipate that bats exposed to the blasting
(and other percussive activities) noise associated with this project will not respond in a
meaningful or detectable manner as this is within the dBA for naturally occurring sounds
in the surrounding environment (Table 1). Please note that the blasting noise has been
used since it generates the highest noise decibels, and we do not anticipate any other
construction noises to cause the bats to respond in a meaningful or detectable manner.
Table 1. Natural Background sounds
Sound d$A
Thunderclap
120
'thunder
110
Stream, water flowing
73
Surf, pounding
71)
Wand, breeze through trees
62
Birds. singing
60
Wind, gusty with rusting tree foliage
55
Rainfall, moderate.
50
Raiofali, light
40
Rustling leaves
40
Olympic Natlonal Forest
40
Mountaintop
35
Wilderness ambient
35
Labe, quiet
30
Meadow, low wind conditions
30
Insects
25
Mountain slope, open
23
Rustling leaves
20
Grand Canyon, remote trail
15
Grand Canyon at eight
10
Haleakala volcano crater, no wind
5
Source= Federal Highway Administration 2011.
dBA = A•weiehted decibels
Table 2. Background Noise Associated with Urban Areas of Different Population
Densities
Population Density (peoplelsg, mi.) dBA
30,1100 +
65
10,000-30,001)
60
3,000-10,000
55
1,000-3,000
50
300-1,000
45
100-300
411
ScuKe= Federal Ti r2nsitAdminisUmbon 2006_
4q = haclground noise level
d6A = A•weiehted decibels
Table 3. Traffic Noise Levels (dBA) at 50' at Various Speeds and Traffic Volumes
Traffic
Vehicle Speed (rnph)
Vol LLme
(vph) 30 3S
+40
45
50
55 60
65
70
75
125
53 55
57
5e
60
61 62
64
65
66
250
56 58
60
61
63
64 65
67
68
69
500
59 61
63
6+4
66
67 G8
70
71
72
1,01)0
62 64
66
67
69
70 71
73
74
75
2,0{}0
65 67
69
70
72
73 74
76
77
78
3,040
67 69
71
72
7+4
75 76
77
78
79
4,000
6,8 70
72
73
75
76 77
79
HU
81
5.000
6.9 71
73
7+4
76
77 78
80
81
82
5,000
7,0 72
74
75
77
78 79
80
81
82
Note: Noise calculations are based on the total acoustic en�generate by traffic on a
straightroadway on flat,
acausticatly
hard terrain with 100%
automabiln
and
not _
Typical ft-eeway lams
are limited
to ahout
2030
passenger cars per lanes per hour. These calculations
do nat rake into account the effect of traffic an multiple
lanes.
dBA
=A -weighted decibels
4q
=Background noise tenet
uph
=vehicles per hcrur
mph
= miles per hour
Table 4. Average maximum noise levels (Leq at 50 feet) for common construction
equipment
IColors indicate relative sound Ieve 1: red = extreme, orange = very high; yeIlaw = high; green =
moderate; hive = law; purple = very low; mauve = background. Asterisks show impact noise
sources.)
Low
Noise ([IBA]
High ]nNpacV,
Explosives
94
'
Rb rk B last
'
PneumaLit Tools, IackhAmmers & Pile driver
'
Track Hoe
91
'
trnpact Pile Driver
96
'
Guardrail installation and Pile Driving
95
'
Truck Horn
Pile Driving
74
'
Rack Drill and Diesel Generator
80
99
Rock Drill
Ss
98
Durnp Truck
82
98
Rork Drills and Jackhammers
€ 2
97 '
Pneumatic Wrenches, Rack drills
Sb
97
Vibratory (Sonic) Pile Driver
95
96 '
Diesel Truck
a5
96
Pneumatic Chipper
91
95 '
Hydrornulcher
87
9+4
Clam Shovel
93
93
Slurry Machine
S7
91
Pneumatic Riveuer
91
41
Circular Saw (hand held)
91
91
Mounted Impart Hammer Hoe -Ram
85
90
Concrete Saw
90
98
Compressor
B0
90
Scraper
85
89
Paver
so
89
Large Truck
84
89
Jackhammer
74
89 '
Drill Rig
85
8a
Dozer
S4
as
Crane
85
88
Pumps, Generators, Compressors
S1
87
Front-end Loader
80
87
Large diesel En&L—
8C,
of,
Gradall
a5
86
Chainsaws
75
86
Road Grader
93
85
Table 4 contd.
Noise (dBA]
Low
High Impart"
PUmis
77
85
Irnpact Wrench
85
85
Concrete Truck
81
85
Concrete Mdxer
00
85
Auger D ri II Rig
85
Flat Bed Truck
B4
84
Harkhae
86
84
Generator
52
84
Ground 0onlpartor
82
Concrete PUrrtp
82
82
Cat Skidder
H1
8t
Re Iler
Hordznntal Buring HydmulicTack
90
HD
Concrete Vibrator
76
76
welder
73
Pickup Truck
as
71
Yelling
6arkground Sound Level —Forest Habitats
25
344
Speech (normal)
41
41
Saume; US. Fish and W2eUife Service 211136.
a Impact noise = sudden, loud impulsive sound
dBA =A -weighted decibels
Biological Conclusion for PESU
Lighting, noise, vibration and removal of woody vegetation are anticipated as part of
construction activities associated with the project. The project effects are expected to be
insignificant, as explained above. Construction of the project is not anticipated to have
adverse impacts to commuting, foraging, and breeding or roosting habitat for PESU. The
closest known element occurrence data for the Tricolored bat is approximately 10 miles
from the project study area at Boone's Cave Site 1 in Davidson County. The following
Avoidance and Minimizations Measures will be utilized to reduce impacts to the PESU:
1. Blast monitoring will occur per NCDOT standard specifications for blasting in the
project area. Blast mats or overburden material will be used for all blast sites per the
standard specifications.
2. Blasting will occur once the trees within the project clearing limits that are
immediately adjacent to the blasting site have been removed.
3. No blasting will occur at night.
4. A tree clearing moratorium will be implemented for the USACE project study area
during the maternity season, April I -October 15 to protect bats during the active
season effective with the federal listing of the tricolored bat.
5. Lighting used for nighttime construction work will be limited to what is necessary to
maintain safety standards and will only be directed toward active work areas.
6. Permanent downcast lighting that is impacted by the project will be replaced with
downcast lighting that meets the requirements of the current edition of the AASHTO
Roadway Lighting Design Guide.
7. The clearing limits will be marked to meet the requirements of the NCDOT Standards.
8. NCDOT will ensure tree removal is limited to that specified in project plans and
ensure that workers understand clearing limits and how they are marked in the field.
Clearing limits follow the most recent version of the NCDOT Manual for
Construction Layout and are typically marked by placing blue and white stripped
flagging on 36-inch stakes or trees.
NCDOT requests concurrence on a "May Affect, Not Likely to Adversely Affect" for
the PESU.
Other Threatened and Endangered Species
NCDOT is not requesting concurrence on the remaining species that IPAC lists for the
project area. We do, however, offer the following biological conclusions for these
species, including presence or absence of habitat and survey dates (if applicable).
Schweinitz's sunflower: No Effect. Habitat is present within the project action area. The
project was surveyed on September 6, 2023 and none were found. There are no
populations within one mile of the project study area, which is NCDOT's current
protocol for rendering a `may affect' biological conclusion for plants.
NCDOT believes that the requirements of Section 7 (a)(2) of the ESA have been satisfied
and hereby request your concurrence on a May Affect Not Likely to Adversely Affect
determination for the Tricolored bat. Thank you for your assistance with this project. If
you have any questions or need additional information, please contact me at (336) 747-
7802 or at aeuliss e,ncdot.gov.
Sincerely,
-,AA,t E7,a�
Amy Euliss
Division 9 PDEA Engineer, NCDOT
Cc: Jeremy Keaton, NCDOT Division 9 Project Manager
Cheryl Knepp, NCDOT Biological Surveys Group
Steve Brumagin, USACE
USACE Request Email to USFWS for Informal Consultation
This e-mail may contain or attach privileged, confidential or protected information intended only for the use of the intended recipient. If you are not the
intended recipient, any review or use of it is strictly prohibited. If you have received this e-mail in error, you are required to notify the sender, then delete
this email and any attachment from your computer and any of your electronic devices where the message is stored.
North Carolina
Arcadis G&M of North Carolina, Inc.
From: Euliss, Amy <aeuliss@ncdot.gov>
Sent: Friday, October 27, 2023 12:29 PM
To: Cashin, Gordon <Gordon.Cashin@arcadis.com>
Subject: FW: [External] FW: Informal conference request NCDOT HE-0014, Brown Street relocation from Henry Link
Access Road to Old Linwood Road in Lexington, Davidson Co., N.C.
Below is the email for when USACE initiated informal consultation for incorporation into the permit application.
Amy Euliss
Division 9 PDEA Engineer
North Carolina Department of Transportation
336 747 7802 office
aeuliss(cDncdot.gov
375 Silas Creek Parkway
Winston Salem, NC 27127-7167
From: Brumagin, Stephen A (Steve) CIV USARMY CESAW (USA)
Sent: Thursday, September 21, 2023 2:12 PM
To: Holland youngman@fws.gov
Subject: Informal conference request NCDOT HE-0014, Brown Street relocation from Henry Link Access Road to Old
Linwood Road in Lexington, Davidson Co., N.C.
Holland,
Please consider this correspondence as a request to initiate informal consultation (conference opinion) for; NCDOT HE-
0014, WBS No. 50795 relocation of existing Brown Street from Henry Link Access Road to Old Linwood Road in
Lexington, Davidson County, N.C. This is for a project that is scheduled to go into construction starting March 2024.
This email serves as the USACE informal conference request for the following species:
Tricolored bat (TCB), (Perimyotis subflavus)-proposed for listing.
1) Detailed project description: The project will construct approximately 1 mile of road on new location from
Henry Link Access Rd to Old Linwood Rd. The typical section will consist of two undivided 12-foot travel
lanes with 8-foot paved shoulders. There will be a new stream crossing of an unnamed tributary to Rat
Springs Branch on the new location. Improvements will be made at Henry Link Access Rd and Old Linwood
Rd to accommodate necessary turn lanes. The replacement and extension of existing culvert will also be
required at Old Linwood Rd crossing the UT to Rat Springs Branch.
A USACE 404 authorization will be required for the project and the Corps will be the lead Federal agency.
See also attached documents:
NCDOT Bat Survey Memos dated September 14, 2023
NCDOT draft concurrence letter dated September 21, 2023
2) Project latitude and longitude in decimal degrees: 35.793395,-80.278974.
Coordination and consultation concerning: TCB - Proposed Endangered.
3)USACE Rationale and Determination: The USACE reviewed the USFWS Information for Planning and Consultation
(IPaC) species report, project permitting file and information as provided by NCDOT and attached to this concurrence
request. The action area for the project is the entire project (approximately 7 acres). The Corps has determined that
this project may affect, not likely to adversely affect the Tricolored bat for the following reasons:
There are no bridges or abandoned structures in the action area. There are two culverts that are 3' or greater in
diameter and 60' or longer that are in the action area. These culverts will not be impacted by the project. These
structures meet the minimum requirements for surveys in the 2023 NCDOT Bat SOP. They were surveyed for bats on
August 1, 2023, and no evidence of bats was found. NCDOT will be working on 2 culverts that are greater than 3' in
diameter but shorter than 60' long. While these culverts are below the survey threshold in the 2023 NCDOT Bat SOP,
they were surveyed on August 1 and September 6, 2023, and no evidence of bats was found. There will be no work in
additional culverts that are 24'35" in diameter.
Based on the most circuitous alternative and widest slope stakes, the total limits of tree clearing are estimated to be 1.5
acres in the project study area and the length in the limits of construction is approximately 0.884 miles. A large portion
of the new location roadway was logged prior to Right of Way acquisition. Since it was logged by the property owner,
prior to the project, it has not been included in the 1.5-acre total. There will be clearing along the road corridor and
clearing along the streams. Because the suitable habitat for PESU is so broadly defined, the potential effect that clearing
of woody vegetation anywhere within the project study area may have on PESU commuting, foraging, and roosting
behavior cannot be completely ruled out. However, effects from a reduction in commuting and foraging areas are
expected to be discountable and insignificant due to the availability of alternative forested areas in the surrounding
landscape. NCDOT will commit to a tree clearing moratorium from April 1 to October 15 effective with the listing of the
tricolored bat. NCDOT will utilize Method III clearing. The clearing limits will be marked to meet the requirements of the
NCDOT Standards.
The potential exists that the addition of lighting could indirectly affect commuting bats that may be present in the area
by avoiding lit areas, causing them to use other areas, possibly impacting individual bat fitness due to longer flight
distances or threats from predation or vehicle traffic in new routes. However, these potential effects from PESU
choosing alternate commuting areas due to additional lighting are expected to be insignificant due to the abundance of
alternative forested area that is available in the surrounding landscape.
There are three existing downcast streetlights in the project area. Permanent lighting that is impacted by the project will
be replaced with downcast lighting that meets the requirements of the current edition of the AASHTO Roadway Lighting
Design Guide.
Night work in the form of grading and paving may occur throughout the duration of the project. Temporary lighting at
night will be required for the safety of the construction crews, and for visibility to complete the work. Lighting used for
nighttime construction work will be limited to what is necessary to maintain safety standards and will only be directed
toward active work areas.
Effects from permanent and temporary lighting may affect but should not adversely affect roosting, foraging and
community behavior; however, these effects will be minimized as much as possible by directing temporary lighting away
from habitat as much as feasible while maintaining a safe working environment for workers and the travelling public.
Known winter roost data was provided by NCWRC. This agency surveys areas they have determined have potential for
hibernacula. The reason that blasting information is provided is to demonstrate due diligence for evaluating impacts
associated with this activity on habitat (winter and summer). Hibernacula locations and underground mine data were
reviewed to determine if this activity may impact winter roosting habitat for cave dwelling bat species. This is because of
the vibratory nature of percussive activities; the percussive activity imparts energy into the substrate which may cause
an impact to bats roosting underground. This cave/subsurface mine habitat does not exist within the project area. In
addition, WRC's records do not indicate they have found any hibernacula for PESU within the project study area. This
addresses lack of winter habitat (hibernacula) in the area. As far as the summer roosting habitat (trees) because the
spectra of traffic and construction noise do not appreciably overlap with most bat echolocation calls or their hearing of
them, echolocation in most species of bats is likely not affected by highway noise. In addition, the dBA of natural
background sounds are within the same dBA range of the traffic and construction sounds except for the most extreme
sound level for explosives. The maximum noise level for activities that will occur as part of this project is 112 dBA,
blasting.
Lighting, noise, vibration, and removal of woody vegetation are anticipated as part of construction activities associated
with the project. The project effects are expected to be insignificant, as explained above. Construction of the project is
not anticipated to have adverse impacts to commuting, foraging, and breeding or roosting habitat for PESU. The closest
known element occurrence data for the Tricolored bat is approximately 10 miles from the project study area at Boone's
Cave Site 1 in Davidson County. The following Avoidance and Minimizations Measures will be utilized to reduce impacts
to the PESU:
1. Blast monitoring will occur per NCDOT standard specifications for blasting in the project area. Blast mats or
overburden material will be used for all blast sites per the standard specifications.
2. Blasting will occur once the trees within the project clearing limits that are immediately adjacent to the blasting site
have been removed.
3. No blasting will occur at night.
4. A tree clearing moratorium will be implemented for the USACE project study area during the maternity season, April
1-October 15 to protect bats during the active season effective with the federal listing of the tricolored bat.
5. Lighting used for nighttime construction work will be limited to what is necessary to maintain safety standards and
will only be directed toward active work areas.
6. Permanent downcast lighting that is impacted by the project will be replaced with downcast lighting that meets the
requirements of the current edition of the AASHTO Roadway Lighting Design Guide.
7. The clearing limits will be marked for the contractor to meet the requirements of the NCDOT Standards.
8. NCDOT will ensure tree removal is limited to that specified in project plans and ensure that contractors understand
clearing limits and how they are marked in the field. Clearing limits follow the most recent version of the NCDOT Manual
for Construction Layout and are typically marked by placing blue and white stripped flagging on 36-inch stakes or trees.
Please let me know if you have any questions and/or if you need additional information.
Thank you.
Stephen A. Brumagin
NCDOT Project Manager
U.S. Army Corps of Engineers,
Charlotte Field Office, Wilmington District
Work cell 704 798-6471
Mitigation Acceptance Letter from DMS
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Ms. Amy Euliss
Division 9 PDEA Engineer
North Carolina Department of Transportation
375 Silas Creek Parkway
Winston-Salem, North Carolina 27127-7167
Dear Ms. Euliss:
NORTH CAROLINA
Environmental Quality
October 24, 2023
Subject: Mitigation Acceptance Letter:
HE-0014, Brown Street Relocation, Davidson County, WBS Number 50795
The purpose of this letter is to notify you that the Division of Mitigation Services (DMS) will provide the
compensatory mitigation for the subject project. Based on the information supplied by you on October 23, 2023, the
impacts are located in CU 03040103 of the Yadkin River basin in the Central Piedmont (CP) Eco-Region, and are as
follows:
Stream and
Wetlands
River
Basin
CU
Location
Eco-
Region
Stream
Wetlands
Cold
Cool
Warm
Riparian
Non-
Coastal
Riparian
Marsh
Impacts
Yadkin
03040103
CP
0
0
183.000
0
0
0
*Some of the stream and/or wetland impacts may be proposed to be mitigated at a 1:1 mitigation ratio. See permit
application for details.
DMS commits to implementing sufficient compensatory mitigation credits to offset the impacts associated with
this project as determined by the regulatory agencies in accordance with the In -Lieu Fee Instrument dated July 28, 2010. If
the above referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and a new
mitigation acceptance letter will be required from NCDEQ-DMS.
If you have any questions or need additional information, please contact Beth Harmon at 919-707-8420.
Sincerely,
���� �I&Axeol
for James B. Stanfill
DMS Deputy Director
cc: Mr. Steve Brumagin, USACE — Charlotte Regulatory Field Office
Mr. Dave Wanucha, NCDWR
Mr. Gordon Cashin, ARCADIS
Mr. Brad Chilton, NCDOT — EAU
File: HE-0009 — Division 9
QNorth Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
NOR CAROLI'w
o d&wm—talo�auer 919.707.8976
Final Permit Plans and Stormwater Management Plans
I I igliway
North Carolina Department of Transportation x ' —D"x
Litr.)rl tZ�� �i Ic °t
Highway Stormwater Program
STORMWATER MANAGEMENT PLAN a.
(Version 3.00; Released August 2021)
FOR NCDOT PROJECTS
WBS Element: 50802.1.1
TIP/Prof No: HE-0014 County(ies): Davidson Page 1 of 2
General Project Information
WBS Element:
50802.1.1 ITIP Number: HE-0014 I Project Type: I New Location I Date: 11/8/2023
NCDOT Contact:
Jeremy L. Keaton
Contractor / Designer:
Arcadis / Eric N. Reardon
Address:
Division Design Construct (DDC)
Address:
5420 Wade Park Blvd
375 Silas Creek Parkway
Suite 350
Winston-Salem, NC 27127
Raleigh, NC 27607
Phone:
(336) 747-7800
Phone:
919-854-1282
Email:
jlkeaton c(ilncdot.gov
Email:
eric.reardon
aaarcadis.com
City/Town:
Lexington
County(ies):
I Davidson
River Basin(s):
Yadkin -Pee Dee I
CAMA County?
I No
Wetlands within Project Limits?
No
Project Description
Project Length (lin. miles or feet):
0.88 Surrounding Land Use: I Meadows surrounded by residential and industrial
Proposed Project
Existing Site
Project Built -Upon Area (ac.)
3.7 lac.
1.0 lac.
Typical Cross Section Description:
Two undivided 12' Lanes with 6' unpaved shoulders (9-foot where guardrail is required).
Two 12' Lanes with 2' unpaved shoulders. Cut section has an 6' foreslope at 4:1 with
Cut section has an 8' foreslope at 4:1 with 2:1 back slopes as needed. Fill sections are 3:1
2:1 back slopes. Fill sections are 3:1 or flatter.
or flatter.
Annual Avg Daily Traffic (veh/hr/day):
Design/Future: 2102 1 Year: 2033
I Existing: 1 2000 1 Year: 2023
General Project Narrative:
The North Carolina Department of Transportation (NCDOT) proposes to construct a new route between Henry Link Access Road and Old Linwood Road (SR 1104),
(Description of Minimization of Water
approximately 0.5 mile north of Brown Street (SR 1254) in the City of Lexington, Davidson County. The new route will be approximately 0.88 mile in length with improvements
Quality Impacts)
made at Henry Link Access Rd and Old Linwood Rd to accommodate necessary turn lanes. The culvert that carries Old Linwood Rd over the UT to Rat Springs Branch will be
replaced with a longer culvert and headwalls.
The proposed roadway improvements will require ditches and the addition of new drainage systems to convey runoff along the proposed roadway. The ditches will be grassed
lined except for locations where rip rap is required to prevent erosion. The typical ditch is a V-ditch with a 3:1 or flatter foreslope and a 2:1 back slope. Bank stabilization is called
for where proposed ditches transition to jurisdictional streams. Rip rap pads are called for at pipe outlets throughout the project to reduce the discharge water velocities. Proposed
culverts installed on jurisdictional streams will be buried/embedded to provide aquatic passage.
I ligh%vav North Carolina Department of Transportation {s`
St[ ]3717�4`[1tP1 Highway Stormwater Program
STORMWATER MANAGEMENT PLAN \; 5
(Version 3.00; Released August 2021) FOR NCDOT PROJECTS
WBS Element: 50802.1.1 TIP/Prof No.: HE-0014 County(ies): Davidson Page 2 of 2
General Project Information
Waterbody Information
Surface Water Body (1): Rat Spring Branch
NCDWR Stream Index No.:
12-113-5
NCDWR Surface Water Classification for Water Body
Primary Classification:
Class C
Supplemental Classification:
Other Stream Classification:
Impairments:
None
Aquatic T&E Species?
No Comments:
NRTR Stream ID:
SC
Buffer Rules in Effect: No
Project Includes Bridge Spanning Water Body?
INo
I Deck Drains Discharge Over Buffer? I N/A
Dissipator Pads Provided in Buffer?
Deck Drains Discharge Over Water Body?
I N/A
(If yes, provide justification in the General Project Narrative)
(If yes, describe in the General Project Narrative; if no, justify in the
General Project Narrative)
(If yes, provide justification in the General Project Nar I
Surface Water Body (2): 1 UT to Rat Spring
Branch
NCDWR Stream Index No.:
N/A
NCDWR Surface Water Classification for Water Body
Primary Classification:
Class C
Supplemental Classification:
Other Stream Classification:
Impairments:
None
Aquatic T&E Species?
No Comments:
NRTR Stream ID:
SA (S-001)
Buffer Rules in Effect: No
Project Includes Bridge Spanning Water Body?
INo
I Deck Drains Discharge Over Buffer? I N/A
Dissipator Pads Provided in Buffer? I N/A
Deck Drains Discharge Over Water Body?
I N/A
(If yes, provide justification in the General Project Narrative)
(If yes, describe in the General Project Narrative; if no, justify in the
General Project Narrative)
(If yes, provide justification in the General Project Nar I
Surface Water Body (3): 1 UT to Rat Spring
Branch
NCDWR Stream Index No.:
N/A
NCDWR Surface Water Classification for Water Body
Primary Classification:
Class C
Supplemental Classification:
Other Stream Classification:
Impairments:
None
Aquatic T&E Species?
No Comments:
NRTR Stream ID:
SC (S-003)
Buffer Rules in Effect: No
Project Includes Bridge Spanning Water Body?
INo
IDeck Drains Discharge Over Buffer? I N/A
Dissipator Pads Provided in Buffer? I N/A
Deck Drains Discharge Over Water Body?
I N/A
(If yes, provide justification in the General Project Narrative)
(If yes, describe in the General Project Narrative; if no, justify in the
General Project Narrative)
(If yes, provide justification in the General Project Nar I
'4
See Sheet 9A For Index of Sheets
BEGIN
PROJECT ,
ENCa
'm `a�°'Pgr k IPROJI
r
w
s� c ��
sR-„o
VICINITY MAP (NOT TO SCALE)
10 + 00.00
5
STATE OF NORTH CARcO1L,dNA
DIVISION OF HIGHWAYS
DA VIDSON COUNTY
PERMIT DRAWING
SHEET 1 OF 8
STATE
—E PAOJeCT —RENCE No
sNOT
N-C
HE-0014
50802.1.1
PE
50802.2.1
RW
50802.2.2
UTL
50802.3.1
CONST
LOCATION: NEW ROUTE BETWEEN HENRY LINK ACCESS ROAD
AND SR 1104 (OLD LINWOOD ROAD) APPROXIMATELY
0.J MILES NORTH OF SR 12.54 (BROWN STREET)
TYPE OF WORK: GRADING, PAVING, AND DRAINAGE
ETLAND AND SURFACE WATER IMPACTS PERMIT
6 —Y2— POT Sta- 11 + 00.00 \
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SITE 3 \
SITE 1
SITE 2
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END PROTECT i
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SURFACE WATER IMPACTS
SITE 4 I KBU
TEMPORARY SURFACE WATER IMPACTS AZAR
2Za C., r/ �x
NOTE: SEE SHEET 9 �%.� f�`f �� ��� �rv� ��� ���� x L
FOR —L— PROFILE &_ ij ti� 1 �� ��\\ ���?—vim �V V��\ +05
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PROJECT REFERENCE NO.
SHEET NO.
75 50 25 0 -25 -50 -75
HE-0014
C
STA 5
+97 -L-
ROADWAY DESIGN
HYDRAULICS
ENGINEER
ENGINEER
72' ^
SKEW
-- lT
GP 'EL
721.71
FINCOMPLE
rE PLANS
J
La
DO NOT USE FOR
W ACQUISITION
o
3.l ✓VOR
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EVO� D
I1 I1 a I I To/
-75 -50 -25
700 1 1 J 1 1 1 1 1 1 1 J
WETLAND AND SURACE WATER IMPACTS SUMMARY
WETLAND IMPACTS URFA E WATER IMPACTS
Site
No.
Station
(From/To)
Structure
Size / Type
Permanent
Fill In
Wetlands
(ac)
Temp.
Fill In
Wetlands
(ac)
Excavation
in
Wetlands
(ac)
Mechanized
Clearing
in Wetlands
(ac)
Hand
Clearing
in
Wetlands
(ac)
Permanent
SW
impacts
(ac)
Temp.
SW
impacts
(ac)
Existing
Channel
Impacts
Permanent
(ft)
Existing
Channel
Impacts
Temp.
(ft)
Natural
Stream
Design
(ft)
1
-L- 11 +91 LT
Bank Stabilization
< 0.01
7
2
-L- 54+97
1 @ 72" Pipe BURIED 1'
< 0.01
< 0.01
120
10
3
-Y2- 12+55 to 13+53 RT
Bank Stabilization
< 0.01
81
4
-Y2- 16+47 RT
Channel stabilization
< 0.01
< 0.01
16
10
4
-Y2- 16+52 RT
Channel Improvements
< 0.01
15
4
-Y2- 16+70
1 @ 95"x67" Pipe BURIED 1'
< 0.01
11
4
-Y2- 16+49 LT
Channel Improvements
< 0.01
15
4
-Y2- 17+00 LT
Bank stabilization
< 0.01
10
TOTALS*:
0.01
< 0.01
194
101
0
*Rounded totals are sum of actual impacts
NOTES:
Site 3 is removal of existing driveway pipes and establishing an open channel.
Revised 2018 Feb
NC DEPARTMENT OF TRANSPORTATION
SHEET
DIVISION OF HIGHWAYS
11/08/2023
Davidson
HE-0014
50802.2.1
6 OF
0