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HomeMy WebLinkAbout20230440 Ver 1_HE-0014 PCN Final Combined (2)_20231109SST l7 3 - 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. °o5�33 4a •yam r t� OdCAP li'E\V FF• `n x. o`b° Sink. Cyr'SIC `�07 �r • > �� *' Q� a ®° ° . Farmer. �w ' Mapt ®o Av v�, JfD r Smith E eaprra u `D C 5 Mair�t _ Qo FiY.ell St pjxi` o S�\\SbuC i . _ ; ✓� enant e`•n O� Oakes_ ood 1 � �, •�tt` �, --�: n 9 Dr i o �.' � �J� eI � �, �y �c�• �,ankirys 4 Baney Dr 30 �� rt• o o -. Garden Dr � y G° sz •1,�g&'" fj _ t� MoO� No S moo + t`®e4t' r y o-FaiDr1eW - 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 n ,(ru ' Ridge r oUh .t Cedar Lane_ Dr u 'C 5 Avo� dale o M Rd f R a ti 3 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 � a 1� �j O4LP s- FIGURE raF TRUTA ARCAD I S - �`� _ 1,c t•_ _ • X WV Meadowwew `f`F�'OG4 t _ "Ir G SbUR SRt• J Lexington wr SAWY op GARDEN aR _ " .. y • � '�} f EDf HAL S i 71 If n 'l L+; l'o J . r - f PD "r: tOAR LAW DP SA 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 L 0 U m H 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 2of5 Project Tracking No.: 23-04-0001 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 2of9 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 3 of 9 Project Tracking No. 23-04-0001 r f Feet (n `�• �{ yam: ,� �a sAr L SR-7362 � � K� '� �.►� 5R" 10 All ' � SR-334fi C9jr 1 � r s i3 .;• .'ems �.. �,�� �,M F r 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 4of9 Project Tracking No. 23-04-0001 0 500 1,000 2,000 Feet Y A& —5— i. --g /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 } r., A sur C r. Ihg o� `. c 31Dv800 _ �- �s'o1fs G Project Tracking No. 23-04-0001 400 ■ Feet t y �� .r' : � .•� LJ LJ ��oo�� � IY �r NCCGiA Ma ai, Mirmsoih 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 6of9 ST 2 0 ST1west 15m 0 ST 1 �3�DDd77gg ST 1 south radial 15 m ST 1 north radial 15m 0 ST 1 easCradial d Project Tracking No. 23-04-0001 50 100 Feet pLa 213-M-000ft H IE- M %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 Lill 15����4 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 8 of 9 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 x,H STATF y, d W+�oa �xn M 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 \ —L— SITE 3 \ SITE 1 SITE 2 N g3 NP �� o END PROTECT i —L— POT Sta. 56+t x ti SITE 4 z o z � o N z yx END CONSTRUCTION HE 0014 y —Y2— POC Sta. 19+05.00 n �I 00 I' h DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED .� 1 O -11b PROJECT REFERENCE NO. 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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 AL 3e4- o/ SKAEWEP 3 8el S 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