20210986 Ver 1_W-5601EY Permit Package Supporting Information_20210728

NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS BRANCH

Figure 1
WATAUGA COUNTY
REPLACE BRIDGE NO. 55 ON SR 1557
OVER LANCE CREEK
B-5118

NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS BRANCH

Figure 1
WATAUGA COUNTY
REPLACE BRIDGE NO. 55 ON SR 1557
OVER LANCE CREEK
B-5118

NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS BRANCH

Figure 1
WATAUGA COUNTY
REPLACE BRIDGE NO. 55 ON SR 1557
OVER LANCE CREEK
B-5118

FINAL Construct Eastbound Left Turn Lane on NC 42 at the SR 2727 (Sauls Road)
Intersection
Environmental Commitments

The following “Design Standards in Sensitive Watersheds” [15A NCAC 04B.0124 (b) – (e)] are
incorporated into NCDOT projects that occur within or upstream of water bodies that contain
federally protected aquatic species. Within the Environmentally Sensitive Areas, the following
shall apply:

-The contractor may perform clearing operations but not grubbing operations until
immediately prior to beginning grading operations.

-Once grading operations begin in the Environmental Sensitive Areas, work shall progress in a
continuous manner until complete.

-Erosion control devices shall be installed immediately following the clearing operation.

-Seeding and mulching shall be performed on the areas disturbed by construction immediately
following final grade establishment.

-Seeding and mulching shall be done in stages on cut and fill slopes that are greater than 20
feet in height measure along the slope or greater than two acres in area, whichever is less.

The following are additional measures intended to further reduce deleterious
construction related effects to the waterway:

Off-site detours will be utilized to the maximum extent possible.

No heavy equipment will be placed in the stream outside of the impervious dikes installed at the
Little Creek and Unnamed Tributary to Little Creek.

The following documents will be used during design and construction: 1) NCDOT Erosion and
Sediment Control Design and Construction Manual; 2) NCDOT Best Management Practices
for Construction and Maintenance Activities and 3) NCDOT Stormwater Best Management
Practices Toolbox.

Culvert construction activities will have containment measures in place to prevent
components of the structure from dropping into the stream outside of the impervious dike.
The method of containment will be proposed by the contractor and approved by the engineer
as necessary.

Special sediment control fence NCDOT Standard No. 1606.01 or a combination of special
sediment control fence and standard silt fence will be installed between the top of the stream
bank and adjacent grading activities. Once the disturbed areas of the project draining to these
areas have been stabilized, the special sediment control fence and/or standard silt fence and
all built up sediment adjacent to these devices will be removed to natural ground and stabilized
with a native grass mix.

All sedimentation and erosion control measures, throughout the project limits, will be
maintained to ensure proper function of the measures following NCDOT protocols.

Embankment construction and grading shall be managed in such a manner as to prevent
surface runoff/drainage from discharging untreated into the riparian buffer. All interim
surfaces will be graded to drain to temporary erosion control devices. Temporary berms,
ditches, etc. will be incorporated, as necessary, to treat temporary runoff before discharging
into the riparian buffer (as specified in the NCDOT BMP Manual).

All sedimentation and erosion control measures will be appropriately maintained following
NCDOT standards to ensure proper function of the measures. This project must adhere to
conditions of General Permit NCG01000 to Discharge Stormwater under the National
Pollutant Discharge Elimination System for Construction Activities. The project design and
construction activities are required to “select, install, implement and maintain best
management practices (BMPs) and control measures that minimize pollutants in the discharge
to meet the requirements of the permit.” Among these conditions, the permit requires: 1) all
erosion and sedimentation control measures must be inspected at least once every seven
calendar days and 2) within 24 hours after any storm event of greater than 1.0 inch of rain per
24 hour period. It is understood that these requirements and implementation of other
appropriate BMPs are monitored through multiple layers of oversight. At a minimum, the
following personnel monitor erosion control measures:

• Contactor project manager
• NCDOT Division Environmental Officer and Environmental Specialists
• NCDOT Roadside Environmental Field Operations Staff

NCDOT will require utility relocations to utilize directional (horizontal) boring under Little
Creek at the culvert crossing. Open cut (trenching) of the Unnamed Tributary to Little Creek
at the existing 48 inch pipe structure has been determined to be allowable based on
coordination with the USFWS dated July 6, 2021.

In the event that visible sediment loss from the project is observed at the bridge site, a review
of turbidity levels will be made upstream and downstream 400 meters (0.25 mile) to determine
if sedimentation effects are occurring beyond the Action Area as defined in the Biological
Opinion. If visual observation of turbidity levels downstream appear to be elevated beyond
upstream observations, the project inspector will contact the Division Environmental Officer.
If determined that project-related sediment is occurring beyond 400 meters, the USFWS must
be contacted immediately to discuss potential remediation.

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 5 OFFICE
2612 NORTH DUKE STREET
DURHAM, NC 27704
CS # 17-27-03
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968

Website: ncdot.gov
Location:
2612 NORTH DUKE STREET
DURHAM, NC 27704

July 31, 2020

Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726

SUBJECT: Section 7 Concurrence Request for construction of an eastbound left turn lane on
NC 42 at the SR 2727 (Sauls Road) intersection in Wake County (TIP Number:
W-5601EY)

REFERENCE: -Protected Species Survey (NCDOT, July 26, 2018)
-Aquatic Species Survey Report for Widening and Culvert Extension on NC 42
over Little Creek (Three Oaks Engineering for NCDOT, March 28, 2018)
-Michaux’s Sumac Update (NCDOT, June 3, 2019)
-W-5601EY construction plans with mark-ups

Dear Sir:

The North Carolina Department of Transportation (NCDOT) proposes to construct an eastbound
left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in Wake County (TIP Number:
W-5601EY). As of today, U.S. Fish and Wildlife Service (USFWS) lists the following federally
Endangered, Threatened and Proposed aquatic species for Wake County that are known to occur
within the Swift Creek-Middle Creek subbasin where the project occurs: Dwarf wedgemussel
(Alasmidonta heterodon), Yellow lance (Elliptio lanceolata), Atlantic pigtoe (Fusconaia masoni),
Carolina madtom (Noturus furiosus) and Neuse River waterdog (Necturus lewisi).

Project Information for aquatic species:

Little Creek within the survey reach ranged from 15 to 25 feet wide with banks three to six feet
high and water depths up to four feet. Little Creek at the project site (in the Upper Neuse
subbasin) flows approximately 2.4 river miles to its confluence with Middle Creek.

Construction of this project will result in a culvert extension at Little Creek and pipe structure
replacement and extension at UT to Little Creek. Additional activities associated with this work
include installation of dewatering devices to work in the dry and grading of streambank with
installation of Class II rip rap on the banks to provide permanent stabilization. These activities
will result in surface water impacts and will require permits from the USACE and NCDEQ DWR.

Aquatic Species Surveys:

Aquatic Species Survey Report for Widening and Culvert Extension on NC 42 over Little
Creek for W-5601EY (Three Oaks Engineering for NCDOT, March 28, 2018)
-This aquatic species report was provided to assess aquatic habitat in/near Little Creek at the
project site. (Note: The UT to Little Creek at the project site is a moderately impacted and
degraded stream channel that does not provide suitable habitat for protected aquatic species and
was not studied as part of this report.)
-Surveys for freshwater mussels and Carolina madtom were conducted on February 16, 2018.
-Surveys for Neuse River waterdog were completed on February 5-9, 2018.
-A total of 3.2 person hours of survey time were spent in the reach on February 16, 2018 in which
only Eastern Elliptio (Elliptio complanata) were observed.
-Suitable habitat for the Carolina madtom was present in the reach; however, the species was not
observed during the study.
-The Neuse River waterdog was not found at the project during the survey efforts.

Proposed Biological Conclusions:

The results indicate that the study area supports a freshwater mussel fauna of Eastern Elliptio; no
other mussel species were found. Neither the Dwarf wedgemussel, Yellow lance or Atlantic
pigtoe were found during the surveys. While other species were not found during these surveys,
appropriate habitat is present; thus, the presence of additional species cannot be altogether ruled
out. Several of the target species rare specie are known from the receiving stream, Middle Creek.

Based on the survey results, impacts are unlikely to occur in the study area. Strict adherence to
erosion control standards should minimize the potential for any adverse impacts to occur. The
following recommended Biological Conclusions are provided below:

Dwarf wedgemussel: May Affect, Not Likely to Adversely Affect
Yellow lance: May Affect, Not Likely to Adversely Affect
Atlantic pigtoe: May Affect, Not Likely to Adversely Affect
Neuse River waterdog: May Affect, Not Likely to Adversely Affect
Carolina madtom: No Effect

Project Information for other species:

Habitat at the project study area is described as including maintained/disturbed community and
mixed pine hardwood community. Suitable at the site does exist for other non-aquatic protected
species. These are discussed below:

Michaux’s sumac:
Suitable habitat is present in the margins of sandy open woods with some form of disturbance.
The site was surveyed by Jason Dilday and other NCDOT staff on July 26, 2018 and found
appropriate habitat but no occurrences of Michaux’s sumac. Heather Montague and Trey
Lineberry conducted an updated survey on May 30, 2019 which resulted in no observation of this
plant species. The recommended Biological Conclusion is May Affect, Not Likely to Adversely
Affect.

Red-cockaded woodpecker:
Habitat for red-cockaded woodpecker does not exist within the study area. Large mature pines
are present in the study area; however, these areas are crowded by hardwood trees and dense
understories that make the area unsuitable for red-cockaded woodpecker foraging habitat. Roost

trees were also not present within the study area. The recommended Biological Conclusion is No
Effect.

Bald eagle:
Habitat for the Bald eagle primarily consists of mature forest 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. Based on an examination of aerial photographs, no water bodies large enough or
sufficiently open to be considered potential feeding sources were identified within 1.0 mile of the
study area. No bald eagles or nest trees were observed during the survey conducted by Jason
Dilday and other NCDOT staff on July 26, 2018. Due to the lack of suitable habitat, no known
occurrences, and minimal impact anticipated for this project, the recommended Biological
Conclusion is No Effect.

Northern long-eared bat:
The USFWS has developed a Programmatic Biological Opinion (PBO) in conjunction with the
FHWA and USACE for the Northern long-eared bat (NLEB) species. The PBO covers the entire
NCDOT program in Divisions 1-8, including this project. The Biological Conclusion provided
by the PBO is May Affect, Likely to Adversely Affect. The PBO allows for incidental take
coverage for NLEB and will ensure compliance with Section 7 of the Endangered Species Act.
This level of incidental take is authorized from the effective date to a final listing determination
through December 31, 2020.

NCDOT believes that the requirements of Section 7 (a) (2) of the Endangered Species Act (ESA)
have been satisfied and hereby request your concurrence. Thank you for your assistance with this
project. If you have any questions or need additional information, please contact me at (919)
220-4618 or [e-mail].

Sincerely,

Christopher A. Murray, SPWS
NCDOT Division 5 Project Engineer for Planning and Environmental Studies

United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
August 3, 2020

Christopher A. Murray, PWS
North Carolina Department of Transportation
2612 North Duke Street
Durham, NC 27704

Dear Mr. Murray:

This letter is in response to your letter of July 31, 2020 which provided the U.S. Fish and
Wildlife Service (Service) with the biological conclusion of the North Carolina Department of
Transportation that the proposed construction of an eastbound left turn lane on NC 42 at the SR
2727 intersection in Wake County (STIP No. W-5601EY) may affect, but is not likely to
adversely affect the federally endangered Dwarf Wedgemussel (Alasmidonta heterodon) and
Michaux’s Sumac (Rhus michauxii), the federally threatened Yellow Lance (Elliptio lanceolata),
and the federally proposed threatened Atlantic Pigtoe (Fusconaia masoni) and Neuse River
Waterdog (Necturus lewisi). The following response is provided in accordance with Section 7 of
the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).

The action involves a culvert extension on Little Creek and a pipe replacement and extension on
an unnamed tributary to Little Creek. The tributary to Little Creek does not provide suitable
habitat for any of the listed or proposed listed aquatic species. According to the information
provided, a mussel survey was conducted at the project site on February 16, 2018. The survey
extended from 400 meters downstream to 100 meters upstream of the Little Creek crossing. The
only mussel species observed was the common Elliptio complanata. A survey was conducted for
Neuse River Waterdogs February 5-9, 2018. No Neuse River Waterdogs were captured. Also,
plant surveys were conducted within the project area on July 26, 2018 and May 30, 2019. No
Michaux’s Sumac were observed.

Based on available information, the Service concurs with your conclusion that the action may
affect, but is not likely to adversely affect the Dwarf Wedgemussel, Yellow Lance, Atlantic
Pigtoe, Neuse River Waterdog, and Michaux’s Sumac. Although the Atlantic Pigtoe and Neuse
River Waterdog are currently only proposed listed species, this concurrence will be valid if and
when these species become officially listed. The Northern Long-eared Bat has previously been
addressed through a separate programmatic consultation. We also concur that the action will
have no effect on all other listed species. We believe that the requirements of Section 7(a)(2) of
the ESA have been satisfied. We remind you that obligations under Section 7 consultation must
be reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered in this review; (2) this
action is subsequently modified in a manner that was not considered in this review; or (3) a new
species is listed or critical habitat determined that may be affected by this identified action.
2

The Service appreciates the opportunity to review this project. If you have any questions
regarding our response, please contact Mr. Gary Jordan at [phone] (Ext. 32).

Sincerely,

Pete Benjamin
Field Supervisor

Electronic copy:

Andy Williams, USACE, Wake Forest, NC
Travis Wilson, NCWRC, Creedmoor, NC
Heather Montague, NCDOT, Durham, NC

Murray, Christopher A
From: Jordan, Gary <[e-mail]>
Sent: Thursday, February 11, 2021 3:00 PM
To: Murray, Christopher A
Subject: Re: [EXTERNAL] Construction of an eastbound left turn lane on NC 42 at the SR 2727
(Sauls Road) intersection in Wake County (TIP Number: W-5601 EY)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Chris,
You are correct in your understanding. This is an appropriate use of the PBO/PCO's.
Gary Jordan
Fish and Wildlife Biologist, Liaison to NCDOT
U.S. Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726
Email: [e-mail]
From: Murray, Christopher A <[e-mail]>
Sent: Thursday, February 11, 2021 10:20 AM
To: Jordan, Gary <[e-mail]>
Subject: RE: [EXTERNAL] Construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in
Wake County (TIP Number: W-5601EY)
Gary,
We finally have some safety projects coming on line and wanted to check with you again with this specific project
particularly to address aquatic species issues. This project now has a let date of March 2022 which would mean that
construction would likely start in late spring or early summer 2022. I am only concerned with this in regards to making a
determination if a new surveys need to be done later this summer for mussels/Carolina madtom and early winter for
Neuse River waterdog.
The following summarizes information for this project:
The Department is proposing construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road)
intersection in Wake County (TIP Number: W-5601EY). The project crosses two streams, Little Creek and UT to Little
Creek. Construction of this project will result in a culvert extension at Little Creek and pipe structure replacement and
extension at UT to Little Creek. Additional activities associated with this work include installation of dewatering devices
to work in the dry and grading of streambank with installation of Class II rip rap on the banks to provide permanent
stabilization.
Surveys for aquatic species were conducted by the following individuals on the noted dates:
1

Surveyor
Survey Type
Dates
Tom Dickinson (Permit # 18-ES00343)
Mussel and CMT*
February 16. 2018
Kate Montieth Sevick (Permit # 18-FS00485)
NRWD**
W February 5-9. 2018
Mary Frazer
NRWD
February 5-9.2018
Evan Moran
NRWD
February 5-9.2018
Nancy Scott
NRWD
February 5-9.2018
The following is a summary of the findings:
Mussels:
A total of 3.2 person hours of survey time was spent in Little Creek. Only Eastern Elliptio, Asian clam and Pointed
Campeloma were observed during the survey.
Carolina madtom:
Appropriate habitat is present for the Carolina madtom; however, the species was not observed during the survey.
Neuse River waterdog:
The Neuse River waterdog was not observed during the survey.
The USFWS had provided a concurrence letter for protected species on August 3, 2020 and concurred with findings of
May Affect, Not Likely to Affect for Neuse River waterdog, Dwarf wedgemussel, Yellow lance and Atlantic pigtoe. This
concurrence at some level was based on a review of the aquatic species surveys listed above.
The Division would plan on using the mussel PBO/PCO and Neuse River waterdog and Carolina madtom PCO to address
aquatic species for the project. This will be the first use of the PBO/PCOs for project that the Division that involve a
culvert extension (conveying Little Creek). The IPaC site indicates Atlantic pigtoe, Dwarf wedgemussel, Yellow lance,
Carolina madtom and Neuse Rive waterdog at the site (with no listing of critical habitat for any of these species). A
review of current NCDOT EAU information regarding ISRs indicates that the project does intersect an ISR or within 0.25
mi of an ISR for any of these species. Additionally, the project is not located in the Critical Habitat for any of the aquatic
species.
Use of the PBO/PCOs for a culvert extension (Appendix B2) indicate a survey for aquatic species is not required to
develop Biological Conclusions. Division 5 proposes to use the PBO/PCOs to provide BCs of May Affect, Not Likely to
Adversely Affect for the noted aquatic species. The project design and construction will adhere to all commitments
addressed in the PBO/PCO.
Please advise if the Division is correct in our understanding of use of the PBO/PCO in regards to a culvert and pipe
extension on this project. A re-scoping of the ISRs will be done later this summer and early winter to determine if there
are any updates to ISRs for aquatic species.
Thanks,
Chris Murray
Christopher A. Murray, SPWS
Project Engineer for Planning and Environmental Studies
Project Delivery Unit
Division 5
[phone] office **NEW PHONE NUMBER**
camurravCa7ncdot.gov **NEW EMAIL ADDRESS**
NCDOT-Division 5
2

2612 N. Duke Street
Courier: 17-27-03
Durham, NC 27704
151f
•
From: Jordan, Gary <[e-mail]>
Sent: Tuesday, August 4, 2020 7:51 AM
To: Murray, Christopher A <[e-mail]>
Subject: Re: [EXTERNAL] Construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in
Wake County (TIP Number: W-5601EY)
mail. ❑o not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Chris,
The question of "shelf life" for a concurrence does not have a specific answer and will vary depending on the
situation. Technically, your aquatic surveys were already slightly out of date, but no problem for this particular
project. For this specific project, I would say that if construction has not started within a year, you should
contact me to determine whether the concurrence is still valid or not. In some cases it may be as simple as me
providing an email stating that your concurrence is still valid because conditions have not changed. In other
potential cases, you may need a new aquatic survey. It will depend mostly on where occurrences of
listed/proposed species are in relation to the project site and on quality of habitat.
Gary Jordan
Fish and Wildlife Biologist, Liaison to NCDOT
U.S. Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726
Phone: [phone] x.32
Email: pry [e-mail]
From: Murray, Christopher A <[e-mail]>
Sent: Monday, August 3, 2020 4:54 PM
To: Jordan, Gary <Rary [e-mail]>
Subject: RE: [EXTERNAL] Construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in
Wake County (TIP Number: W-5601EY)
Gary,
Thanks for clarifying information about the BC for plants. One follow up question is to ask what is the "shelf life" of the
informal concurrence? I only ask because the aquatic surveys were completed in 2018 and plant surveys completed in
both 2018 and in 2019. The let date for all of our projects, including this project, at this time is up in the air. This project
could be constructed this winter or possibly next year or beyond.
3

Lastly, thank you for your assistance on these projects sent to you over the last two weeks. I hope that my requests
have not placed undue burden on your calendar or work schedule.
Thanks,
Chris
Christopher A. Murray, SPWS
Project Engineer for Planning and Environmental Studies
Project Delivery Unit
Division 5
[phone] office **NEW PHONE NUMBER**
camurray@ncdot-qov **NEW EMAIL ADDRESS**
NCDOT-Division 5
2612 N. Duke Street
Courier: 17-27-03
Durham, NC 27704
From: Jordan, Gary <pary [e-mail]>
Sent: Monday, August 3, 2020 4:21 PM
To: Murray, Christopher A <[e-mail]>
Cc: Wilson, Travis W. <[e-mail]>; Montague, Heather W <[e-mail]>; Andy Williams
<[e-mail]>
Subject: Re: [EXTERNAL] Construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in
Wake County (TIP Number: W-5601EY)
External email. Do not click links or open attachments unless you verify. Send all suspi, ,attachment Id
to
Chris,
Attached is a concurrence letter. Please note that although I did concur with the MA-NLAA conclusion for
Michaux's sumac as per your letter request, you could have gotten by with a No Effect conclusion. In most
cases with plants, if a survey does not reveal any specimens of the listed plant species, then a No Effect is
appropriate (the only exception is when you have a listed plant with an occurrence nearby). We treat plants and
animals somewhat differently in this regard.
Gary Jordan
Fish and Wildlife Biologist, Liaison to NCDOT
U.S. Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726
Phone: [phone] x.32
4

Email: nary [e-mail]
From: Murray, Christopher A <[e-mail]>
Sent: Friday, July 31, 2020 3:03 PM
To: Jordan, Gary <Rary [e-mail]>
Cc: Wilson, Travis W. <[e-mail]>; Montague, Heather W <[e-mail]>; Davidson,
Stephen R <[e-mail]>
Subject: [EXTERNAL] Construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection in
Wake County (TIP Number: W-5601EY)
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
Gary,
The Department is proposing construction of an eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road)
intersection in Wake County (TIP Number: W-5601EY). The project crosses two streams, Little Creek and UT to Little
Creek. Construction of this project will result in a culvert extension at Little Creek and pipe structure replacement and
extension at UT to Little Creek. Additional activities associated with this work include installation of dewatering devices
to work in the dry and grading of streambank with installation of Class II rip rap on the banks to provide permanent
stabilization.
Recommended Biological Conclusions are proposed for the following species: Atlantic pigtoe, Yellow lance, Dwarf
wedgemussel, Neuse River waterdog, Carolina madtom, Michaux's sumac, Red -cockaded woodpecker, and Northern
long-eared bat. I am attaching the following for your review:
- Concurrence request
- Protected Species Survey (NCDOT, July 26, 2018)
- Aquatic Species Survey Report for Widening and Culvert Extension on NC 42 over Little Creek (Three Oaks Engineering
for NCDOT, March 28, 2018)
- Michaux's Sumac Update (NCDOT, June 3, 2019)
- W-5601EY construction plans with mark-ups
-W-5601EY vicinity map
The Department requests that you review this information and provide concurrence with our findings.
Thanks,
Chris
Christopher A. Murray, SPWS
Project Engineer for Planning and Environmental Studies
Project Delivery Unit
Division 5
[phone] office **NEW PHONE NUMBER**
camurray a,ncdot.gov **NEW EMAIL ADDRESS**
NCDOT-Division 5
2612 N. Duke Street
Courier: 17-27-03
5

Durham, NC 27704
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties
Email correspondence to and from this sender is subject to the N,C Public Records Law and may be disclosed to third parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J.ERIC BOYETTE
GOVERNOR SECRETARY
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 5 OFFICE
2612 NORTH DUKE STREET
DURHAM, NC 27704
CS# 17-27-03
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968
Website: www.ncdot.gov
Location:
2612 NORTH DUKE STREET
DURHAM, NC 27704
March 10, 2021
Attention: Chris Murray, SPWS
Division 5 Project Engineer for Planning and Environmental Studies
From: Heather W. Montague
Division 5 Environmental Officer
Subject: Updated Bald Eagle Survey for W-5601EX and W-5601EY: widen NC 42 for
center turn lane from Field Hill Drive (SR 5330) to Winterton Drive (SR
5637) and construct an eastbound left turn lane on NC 42 at the Sauls Road
(SR 2727) intersection in Wake County.
Mr. Murray,
Please accept this memo regarding the updated survey for bald eagle for the above referenced
combined project locations.
Bald eagle: IPaC does NOT identify potential for this species at the project study areas.
Habitat for bald eagle primarily consists of mature forest 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. Based on an examination of aerial photography, there are a
few ponds at least 2 acres in size or greater identified within 1.0 mile of the study areas.
Although these ponds provide some open water, due to location and proximity from large
water bodies around which eagles typically nest, these ponds would not be considered
optimal feeding sources. Additionally, a review of NCNHP records, March 2021,
revealed no known occurrences of this species within 1.0 mile of the study areas. No bald
eagles or nest trees were observed in the study areas or within 660 feet of the study areas
during a visual survey conducted on March 09, 2021. Due to the lack of suitable habitat
and no known occurrences, a biological opinion of No Effect is rendered for this species.
LL
CD
co
N
0
L
z
cts
w
]C
w
co
I
7-
w
0
co

0)
as
d
2
a
m
a)
co
w
co
m
E
0
L
LL
cu
2
w
0
19
w
r
0
so
19

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 5 OFFICE
2612 NORTH DUKE STREET
DURHAM, NC 27704
CS# 17-27-03
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968

Website: www.ncdot.gov
Location:
2612 NORTH DUKE STREET
DURHAM, NC 27704

June 4, 2021

Attention: Chris Murray, SWPS
Project Engineer for Planning and Environmental Studies

From: Heather W. Montague
Division 5 Environmental Officer

Subject: Michaux’s sumac and Red cockaded woodpecker update for W-5601EX and
W-5601EY in Wake County: widen NC 42 for center turn lane from Field
Hill Drive (SR 5330) to Winterton Drive (SR 5637) and construct an
eastbound left turn lane on NC 42 at the SR 2727 (Sauls Road) intersection.

Mr. Murray,

Please accept this letter as a summary of the efforts made and resulting findings on the part of
NCDOT Division 5 to update the status of Michaux’s sumac and red cockaded woodpecker
for the above combined referenced projects.

Michaux’s sumac: Limited habitat for Michaux’s sumac is located within the project limits
within the portion of the study area particularly along the woods edge and powerline
easements. Prior to conducting a survey, a known population on Barwell Road in Raleigh
was visited to review the plant’s local appearance, habitat, and flowering status. A 2.0 person
hour plant by plant survey of the project study area was conducted on June 1, 2021. No
specimens were found during the survey, therefore, a biological conclusion of No Effect is
rendered for this species.

Red-cockaded woodpecker: Habitat for the red-cockaded woodpecker (RCW) does not
exist within the study area. Large mature pines are present in the study area, however
these areas are crowded by hardwood trees and dense understories that make the area
unsuitable for RCW foraging habitat. Roost trees were also not present within the study
area. A review of the NCNHP database indicates no known occurrence of the species
within one mile of the study area. The biological conclusion for RCW is No Effect.

Investigators:

Heather Montague
Environmental Officer
NCDOT Division 5

Brenna Copeland
Summer Engineering Assistant
NCDOT Division 5

If you have any questions or need additional information, please contact me at
[e-mail] or at [phone].

cc: W-5601EX and W-5601EY project files

July 22, 2019

To: Mitchell Wimberley, Environmental Scientist, Kleinfelder

From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch

Subject: NCDOT Project: W-5601EY, NC 42 at SR 2727, Wake County.

Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B.0233) and Mitigation Rules (15A NCAC
2H.0506[h]).

Dear Mr. Wimberley;

On July 17, 2019, NC Division of Water Resource received your request to confirm your on-site determination of
drainage features at the above-referenced project for applicability to the Neuse Buffer Rules and Stream Mitigation
Rules. The drainage features are approximated on referenced package received by DWR.

NCDWR has confirmed that the drainage features labeled below are as follows:
Little Creek: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
UT Little Creek: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.

No other stream or buffer sites were identified in this request. Also, this letter only addresses applicability to the
Neuse Buffer Rules and Mitigation Rules at the sites specifically marked on the referenced maps and does not apply
to reaches of the channels further downstream from the NCDOT project area, or to any other drainage features in the
vicinity.

This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any
activity within the buffer, Waters of the United States, or Waters of the State. Any impacts to wetlands, streams and
buffers must comply with the Neuse Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC 2B
.0216), and any other required federal, state and local regulations. Please be aware that even if no direct impacts are
proposed to the protected buffers, sheet flow of all new stormwater runoff as per 15A NCAC 2B.0233 is required.

The owner (or future owners) or permittee should notify NCDWR (and other relevant agencies) of this
determination in any future correspondences concerning this property and/or project. This on -site determination
shall expire five (5) years from the date of this letter.

Landowners or affected parties that dispute a determination made by NCDWR or Delegated Local Authority that a
surface water exists and that it is subject to the mitigation rules may request a determination by the Director . A
request for a determination by the Director shall be referred to the Director in writing c/o Amy Chapman, NCDWR
Transportation Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699 -1617.

Individuals that dispute a determination by NCDWR or Delegated Local Authority that “exempts” a surface water
from the mitigation rules may ask for an adjudicatory hearing. You may obtain the petition form from the office of
Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60)
days of receipt of this notice and the date the affected party (including downstream and adjacent landowners) is
notified of this decision. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between

the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings.

The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]

A copy of the petition must also be served on DEQ as follows:

Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center

This determination is final and binding unless you ask for a hearing within 60 days.

If you have any additional questions or require additional information please call Rob Ridings at 919 -707-3873.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2021-00295 County: Wake U.S.G.S. Quad: NC- Angier

NOTIFICATION OF JURISDICTIONAL DETERMINATION

Requestor: NCDOT
Nicole Thomson
Address: 2612 North Duke Street
Durham, NC 27704
Telephone Number: 919-754-7806
E-mail: [e-mail]

Size (acres) 5.45 Nearest Town Raleigh
Nearest Waterway Middle Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.5901
Longitude: -78.6338
Location description: The project site along existing NC Hwy 42, at its crossing of Little Creek, near the town of Raleigh, Wake
County, North Carolina.

Indicate Which of the Following Apply:
A. Preliminary Determination
☒ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/11/2021. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
☐ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination

☐ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
☐ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
☐We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
☐The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
SAW-2021-00295
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
☐The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
☐ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
☐ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.

Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 ext 32 or
[e-mail].

C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 02/11/2021.
D. Remarks: None.

E. Attention USDA Program Participants

This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.

F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)

This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**

Corps Regulatory Official: ______________________________________________________

Date of JD: 02/11/2021 Expiration Date of JD: Not applicable
SAW-2021-00295
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

Copy furnished:

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NCDOT, Nicole Thomson File Number: SAW-2021-00295 Date: 02/11/2021
Attached is: See Section below
☐ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
☐ PROFFERED PERMIT (Standard Permit or Letter of permission) B
☐ PERMIT DENIAL C
☐ APPROVED JURISDICTIONAL DETERMINATION D
☒ PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
 OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
 APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
 ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
 APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: James Lastinger
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587

If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: James Lastinger , 69 Darlington Avenue, Wilmington, North
Carolina 28403

For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:

Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 02/11/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: NCDOT, Nicole Thomson, 2612 North Duke
Street, Durham, NC 27704
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, W-5601 EY, SAW-2021-
00295
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site along existing NC
Hwy 42, at its crossing of Little Creek, near the town of Raleigh, Wake County, North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Wake City: Raleigh
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.5901 Longitude: -78.6338
Universal Transverse Mercator:
Name of nearest waterbody: Middle Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):

☒Office (Desk) Determination. Date: February 11, 2021
☐Field Determination. Date(s):
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 
resources in 
review area 
(acreage and 
linear feet, if 
applicable 
Type of aquatic 
resources (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) 
S1 35.5899 ‐78.6348 300 LF Non‐wetland Section 404 
S2 35.5904 ‐78.6334 400 LF Non‐wetland Section 404 
WA 35.5899 ‐78.6348 0.45 acre Wetland Section 404 
WB 35.5900 ‐78.6354 0.25 acre Wetland Section 404 
WC 35.5898 ‐78.6351 0.45 acre Wetland 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 are included in the administrative
record and are appropriately cited:
☒Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: attached dated February 11, 2021
☒Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
☒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: Angier Quad
☒Natural Resources Conservation Service Soil Survey. Citation: Wake County, 1970, sheet 100
☒National wetlands inventory map(s). Cite name: USFWS NWI
☐State/local wetland inventory map(s):
☒FEMA/FIRM maps: NC FIRM
☐100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
☐ Photographs: ☒ Aerial (Name & Date): undated
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
02/11/2021

Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) 1

1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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.
February 11, 2021

Historic Architecture and Landscapes NO SURVEY REQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement.
Page 1 of 3

HISTORIC ARCHITECTURE AND LANDSCAPES
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
Archaeology Group.

PROJECT INFORMATION
Project No: W-5601EY County: Wake
WBS No.: 50138.1.156 Document
Type:
PCE
Fed. Aid No: HSIP-0042(067) Funding: State Federal
Federal
Permit(s):
Yes No Permit
Type(s):

Project Description: Widen for Left Turn Lane on NC 42 at SR 2727 (Sauls Road).

SUMMARY OF HISTORIC ARCHITECTURE AND LANDSCAPES REVIEW
Description of review activities, results, and conclusions:
Review of HPO quad maps, HPO GIS information, historic designations roster, and indexes was
undertaken on April 26, 2021 for the 2021 updated study area. Based on this review of the
updated study area, there are no existing NR, SL, LD, DE, or SS properties in the Area of
Potential Effects, which is defined on the following map. There are no properties over fifty years
of age within the APE; a modern subdivision is located along Pinnacle Ridge Road. There are no
National Register listed or eligible properties and no survey is required. If design plans change,
additional review will be required. UPDATED REVIEW APRIL 2021
Why the available information provides a reliable basis for reasonably predicting that there
are no unidentified significant historic architectural or landscape resources in the project
area:
HPO quad maps and GIS information recording NR, SL, LD, DE, and SS properties for the
Wake County survey, Wake County GIS/Tax information, and Google Maps are considered
valid for the purposes of determining the likelihood of historic resources being present. There
are no National Register listed or eligible properties within the APE and no survey is required.

SUPPORT DOCUMENTATION

Map(s) Previous Survey Info. Photos Correspondence Design Plans

FINDING BY NCDOT ARCHITECTURAL HISTORIAN

Historic Architecture and Landscapes -- NO SURVEY REQUIRED

Kate Husband 4/26/2021
NCDOT Architectural Historian Date

17-02-0013
UPDATE
Project Tracking No. (Internal Use)

Historic Architecture and Landscapes NO SURVEY REQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement.
Page 2 of 3
Project Location.

Historic Architecture and Landscapes NO SURVEY REQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement.
Page 3 of 3

HPO GIS.

Project Tracking No.
17-02-0013
resubmit
N 0 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.
PROJECT INFORMATION
Project No: W-5601EY County: Wake
WBSNo: 50138.1.155 Document: Federal CE
Federal Aid No: HSIP- Funding: ❑ State ® Federal
0042(067)
Federal Permit Required? ® Yes ❑ No Permit Type:
Project Description: Construct an eastbound turn lane on NC 42 at SR 2727 (Sauls Road) in
Wake County, North Carolina. The archaeological Area of Potential Effects (APE) corresponds
with the overall project study area as depicted on the attached ARC-GIS shape file maps. It
measures .20 mile in length and 100 feet to 250 feet in width. Additionally, there are small
construction and wetland easement areas associated with the project.
SUMMARY OF CULTURAL RESOURCES REVIEW
Permitting and funding information was reviewed for determining the level of archaeological input
required by state and federal laws. Based on the submitted "request for cultural resources review"
form, the project is federally funded with United States Army Corps of Engineers (USACE) federal
permit interaction. As such, Section 106 of the National Historic Preservation Act will apply and the
Federal Highway Administration (FHwA) will serve as the lead federal agency. Next, construction
design and other data was examined (when applicable) to define the character and extent of potential
impacts to the ground surfaces embracing the project locale. The archaeological APE encompasses
all areas of potential ground disturbing activity.
Once an APE was outlined, a map review and site file search was conducted utilizing on-line
resources provided to the NCDOT by the Office of State Archaeology (OSA) on Monday, June 28,
2021. No NRHP eligible archaeological sites nor any other archaeological resources are located
within the APE or directly adjacent.
Examination of National Register of Historic Places (NRHP), State Study Listed (SL), Locally
Designated (LD), Determined Eligible (DE), and Surveyed Site (SS) properties employing resources
available on the NCSHPO website is important in establishing the location of noteworthy historic
occupations related to a perspective construction impact area. A cross-check of these mapped
resources concluded that none of the above properties with potential contributing archaeological
components are situated within the APE. In addition, historic maps of Wake County were appraised
to identify former structure locations, land use patterns, cemeteries, or other confirmation of historic
occupation in the project vicinity. Archaeological/historical reference materials were inspected as
well. In general, the cultural background review established that no previously recorded
archaeological sites, cemeteries, or NRHP properties with potential archaeological components are
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "NO ARCHAEOLOGICAL SURVEY REQUIRED" FORM
1 of2

Project Tracking No.
17-02-0013
resubmit
located within the APE. Based on cultural -historical factors, the APE is considered to have a low
potential for the documentation of archaeological resources.
Further, topographic, geologic, flood boundary, and NRCS soil survey maps were referenced to
evaluate pedeological, geomorphological, hydrological, and other environmental determinants that
may have resulted in past occupation at this location. Aerial and on -ground photographs (NCDOT
Spatial Data Viewer) and the Google Street View map application (when amenable) were also
examined/utilized for additional assessment of disturbances, both natural and human induced, which
compromise the integrity of archaeological sites. Environmental/impact factors do not suggest a
heightened potential for archaeological resource recovery.
(This project falls within a North Carolina County in which the following federally recognized
tribes have. expressed an interest: Catawba. 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.)
Brief Explanation of why the available information provides a reliable basis for reasonably
predicting that there are no unidentified historic properties in the APE:
The entire APE is characterized as disturbed and impacted from the two roads right-of-way or in
wetland areas with flooded soils which would have deterred human settlement. There are no
existing NRHP eligible archaeological sites within the projects APE, and it is unlikely to contain
significant, intact, and preserved archaeological deposits. As currently proposed as a federally
funded project, no further consultation is advocated. A finding of "no archaeological survey
required" is considered appropriate.
SUPPORT DOCUMENTATION
See attached: ® Map(s) ❑ Previous Survey Info ❑ Photos nCorrespondence
Other:
FINDING BY NCDOT ARCHAEOLOGIST: NO ARCHAEOLOGY SURVEY REQUIRED
Scott Halvorsen 0, it;
/41,044_,
6/28/2021
NCDOT ARCHAEOLOGIST II Date
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM "NO ARCHAEOLOGICAL SURVEY REQUIRED" FORM
2of2

NCOSA,
RUMMY MC61% MO &Geo, NM, Matto
llama f o= C 0 (Thailand)° KI2i= O
golfInGenwar Community, olimol ,y.
Geographicso CRIERAKAP!
SDA, AeroGRII ) ORO, gt gOM WeC,omMt /
contributors
RigitalGlobe,
Gee -ye
ntermap
(Hong
OpenStreetM.. p
ARC-GIS aerial shape file map relating the boundaries and location of the
Area of Potential Effects (APE) in Wake County, North Carolina.

Type I and 11 Ground Disturbing Categorical Exclusion Action
Classification Form
STIP Project No.
WBS Element
Federal Project No.
W-5601 EY
50138.1.156
HSIP-0042(067)
A. Proiect Description:
Wake County — Construct an Eastbound left turn lane on NC-42 at SR-2727 (Sauls Rd).
See attached files for titlesheet, plansheet and biological report.
B. Description of Need and Purpose:
The purpose of this project is to improve safety and traffic operations at the intersection.
C. Categorical Exclusion Action Classification: (Check one)
TYPEIA
❑ TYPE I B
❑ TYPE II A
TYPE II B
D. Proposed Improvements
(26) Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction,
adding shoulders, or adding auxiliary lanes (including parking, weaving, turning, and
climbing lanes), if the action meets the constraints listed in 23 CFR 771.117(e)(1-6).
E. Special Proiect Information:
The US Fish and Wildlife Service has developed a programmatic biological opinion (PBO)
in conjunction with the Federal Highway Administration, the US Army Corps of Engineers
and NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionalis) in eastern
North Carolina. The PBO covers the entire NCDOT program in Divisions 1-8,
including all NCDOT projects and activities. The programmatic determination for NLEB
for the NCDOT program is "May Affect, Likely to Adversely Affect". The PBO provides
incidental take coverage for NLEB and will ensure compliance with Section 7 of the
Endangered Species Act for five years for all NCDOT projects with a federal nexus in
Divisions 1-8.
1 Updated 4/25/17

F. Proiect Impact Criteria Checklists:
Type I & II - Ground Disturbing Actions
FHWA APPROVAL ACTIVITIES THRESHOLD CRITERIA
If any of questions 1-7 are marked "yes" then the CE will require FHWA approval.
1
Does the project require formal consultation with U.S. Fish and Wildlife
Service (USFWS) or National Marine Fisheries Service (NMFS)?
2
3
Does the project result in impacts subject to the conditions of the Bald and
Golden Eagle Protection Act (BGPA)?
Does the project generate substantial controversy or public opposition, for any
reason, following appropriate public involvement?
4
Does the project cause disproportionately high and adverse impacts relative to
low-income and/or minority populations?
5
Does the project involve a residential or commercial displacement, or a
substantial amount of right of way acquisition?
6
Does the project require an Individual Section 4(f) approval?
7
Does the project include adverse effects that cannot be resolved with a
Memorandum of Agreement (MOA) under Section 106 of the National Historic
Preservation Act (NHPA) or have an adverse effect on a National Historic
Landmark (NHL)?
Yes No
El
❑ ❑X
E
If any of questions 8 through 31 are marked "yes" then additional information will be required for those
questions in Section G.
Other Considerations
8
9
Yes No
Does the project result in a finding of "may affect not likely to adversely affect"
for listed species, or designated critical habitat under Section 7 of the
Endangered Species Act (ESA)?
Is the project located in anadromous fish spawning waters?
10
11
12
Does the project impact waters classified as Outstanding Resource Water
(ORW), High Quality Water (HQW), Water Supply Watershed Critical Areas,
303(d) listed impaired water bodies, buffer rules, or Submerged Aquatic
Vegetation (SAV)?
Does the project impact waters of the United States in any of the designated
mountain trout streams?
Does the project require a U.S. Army Corps of Engineers (USACE) Individual
Section 404 Permit?
13
14
Will the project require an easement from a Federal Energy Regulatory
Commission (FERC) licensed facility?
Does the project include a Section 106 of the NHPA effects determination
other than a no effect, including archaeological remains?
2 Updated 4/25/17

Other Considerations (continued)
Yes
No
15
Does the project involve hazardous materials and/or landfills?
❑
jA
16
Does the project require work encroaching and adversely affecting a
regulatory floodway or work affecting the base floodplain (100-year flood)
elevations of a water course or lake, pursuant to Executive Order 11988 and
23 CFR 650 subpart A?
❑
X
17
Is the project in a Coastal Area Management Act (CAMA) county and
substantially affects the coastal zone and/or any Area of Environmental
Concern (AEC)?
—
X
18
Does the project require a U.S. Coast Guard (USCG) permit?
❑
19
Does the project involve construction activities in, across, or adjacent to a
designated Wild and Scenic River present within the project area?
❑
20
Does the project involve Coastal Barrier Resources Act (CBRA) resources?
❑
M
21
Does the project impact federal lands (e.g. U.S. Forest Service (USFS),El
USFWS, etc.) or Tribal Lands?
❑
22
Does the project involve any changes in access control?
❑
IN
23
Does the project have a permanent adverse effect on local traffic patterns or
community cohesiveness?
❑
24
Will maintenance of traffic cause substantial disruption?
❑
I —
25
Is the project inconsistent with the STIP or the Metropolitan Planning
Organization's (MPO's) Transportation Improvement Program (TIP) (where
applicable)?
❑
XI
26
Does the project require the acquisition of lands under the protection of
Section 6(f) of the Land and Water Conservation Act, the Federal Aid in Fish
Restoration Act, the Federal Aid in Wildlife Restoration Act, Tennessee Valley
Authority (TVA), or other unique areas or special lands that were acquired in
fee or easement with public -use money and have deed restrictions or
covenants on the property?
❑
X
27
Does the project involve Federal Emergency Management Agency (FEMA)
buyout properties under the Hazard Mitigation Grant Program (HMGP)?
•
•
28
Does the project include a de minimis or programmatic Section 4(f)?
❑
IZ
29
Is the project considered a Type I under the NCDOT's Noise Policy?
❑
30
Is there prime or important farmland soil impacted by this project as defined by
the Farmland Protection Policy Act (FPPA)?
❑
x
31
Are there other issues that arose during the project development process thatEl
affected the project decision?
❑
G. Additional Documentation as Required from Section F
3 Updated 4/25/17

H. Project Commitments
No Special Project Commitments.

Categorical Exclusion Approval
STIP Project No.
WBS Element
Federal Project No.
Prepared By:
W-5601 EY
50138.1.156
HSIP-0042(067)
Docuslgned by:
5/29/2018 ejjaa M�.ado�+a
Date as7RtAileadows, Assistant Division Design Engineer
NCDOT
Prepared For:
Reviewed By:
DocuSigned by:
5/29/2018 rctis (Iit.urnu
Date fiseklumay, Division Environmental Officer
North Carolina Department of Transportation
X.
5/29/2018
Approved
Certified
DocuSlgned by:
L
If all of the threshold questions (1 through 7) of
Section F are answered "no," NCDOT approves this
Categorical Exclusion.
If any of the threshold questions (1 through 7) of
Section F are answered "yes," NCDOT certifies this
Categorical Exclusion.
ire
Date baelsia6wgineis, PE, Division 5 Project Delivery Engineer
North Carolina Department of Transportation
FHWA Approved: For Projects Certified by NCDOT (above), FHWA signature
required.
Date John F. Sullivan, iii, PE, Division Administrator
Federal Highway Administration
5 Updated 4/25/17