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Home My WebLink About20200035 Ver 1_Appendix_20211015Contents A. Preliminary Jurisdictional Determination B. Figures Figure 1 USGS Topographic Map Figure 2 Soils Map Figure 3 Impact Map Overview Figure 3a Impact Map Figure 3b Impact Map C. Categorical Exclusion Checklist A. Preliminary Jurisdictional Determination U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00047 County: Randolph U.S.G.S. Quad: NC- Liberty NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Wildlands Engineering Carlynn Walker Address: 312 W. Millb rook Rd., suite 225 Raleigh, NC 27609 Telephone Number: 919-851-9986 ext 120 E-mail: cwalker(&wildlandseng.com Size (acres) 50 Nearest Town Libe Nearest Waterway Rocky River River Basin Cape Fear USGS HUC 03030003 Coordinates Latitude: 35.8204 Longitude:-79.5622 Location description: The project site is approximately 50 acres located adjacent to US Hwy 421, near the town of Liberty, Randolph 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 11/16/2020. 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-2020-00047 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 (252) 808-2808 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 James.C.Lastint!er(&usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 11/16/2020. 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: 11/16/2020 Expiration Date of JD: Not applicable SAW-2020-00047 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: Property Owner: Lyn and Jeffrey Richardson Address: PO Box 542 Liberty, NC 27298 Telephone Number: 336-215-8939 E-mail: NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Wildlands En ineerin , Carl nn Walker File Number: SAW-2020-00047 Date: 11/16/2020 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 ❑X 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.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& 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 If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: James Lastinger CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 Phone: (404) 562-5137 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 opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. 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 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETIONDATE FORPJD: 11/16/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wildlands Engineering, Carlynn Walker, 312 W. Millbrook Rd., suite 225, Raleigh, NC 27609 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Liberty Rock mitigation site, SAW-2020-00047 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 50 acres located adjacent to US Hwy 421, near the town of Liberty, Randolph County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Randolph City: Liberty Center coordinates of site (lat/long in degree decimal format): Latitude: 35.8204 Longitude:-79.5622 Universal Transverse Mercator: Name of nearest waterbody: Rocky River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: November 16, 2020 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW 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) Rocky River 35.820264 -79.567787 2914 LF Non -wetland Section 404 Schist Creek 35.819899 -79.566588 285 LF Non -wetland Section 404 Gypsum Creek 35.819663 -79.564575 131 LF Non -wetland Section 404 Dolomite Creek 35.819730 -79.562743 176 LF Non -wetland Section 404 Mica Creek 35.821982 -79.561730 1121 LF Non -wetland Section 404 Wetland A 35.822445 -79.561830 0.174 acre Wetland Section 404 Wetland B 35.821753 -79.561723 0.002 acre Wetland Section 404 Wetland C 35.821473 -79.561633 0.017 acre Wetland Section 404 Wetland D 35.820998 -79.561274 0.019 acre Wetland Section 404 Wetland E 35.820884 -79.561718 0.006 acre Wetland Section 404 Wetland F 35.820567 -79.561757 0.017 acre Wetland Section 404 Wetland G 35.820442 -79.561788 0.017 acre Wetland Section 404 Wetland H 35.820287 -79.561288 0.011 acre Wetland Section 404 Wetland 1 35.820467 -79.560841 0.545 acre Wetland Section 404 Wetland J 35.820430 -79.560053 0.114 acre Wetland Section 404 Wetland K 35.819998 -79.559667 0.028 acre Wetland Section 404 Wetland L 35.820242 -79.563800 0.006 acre Wetland Section 404 Wetland M 35.820270 -79.563613 0.005 acre Wetland Section 404 Wetland N 35.820583 -79.563803 0.004 acre Wetland Section 404 Wetland 0 35.820686 -79.566166 0.006 acre Wetland Section 404 Wetland P 35.820215 -79.565051 0.002 acre Wetland Section 404 Wetland Q 35.820229 -79.565778 0.016 acre Wetland Section 404 Wetland R 35.820235 -79.565986 0.007 acre Wetland Section 404 Wetland S 35.820237 -79.566207 0.01 acre Wetland Section 404 Wetland T 35.820272 -79.566460 0.01 acre Wetland Section 404 Wetland U 35.820474 -79.566083 0.009 acre Wetland Section 404 Wetland V 35.820429 -79.566486 0.014 acre Wetland Section 404 Wetland W 35.820122 -79.562637 0.021 acre Wetland Section 404 Wetland X 35.820211 -79.563238 0.005 acre Wetland Section 404 Wetland Y 35.820070 -79.562969 0.005 acre Wetland Section 404 Wetland Z 35.820109 -79.563388 0.03 acre Wetland Section 404 Wetland AA 35.819507 -79.558887 0.047 acre Wetland Section 404 Wetland BB 35.819648 -79.559360 0.088 acre Wetland Section 404 Wetland CC 35.819644 -79.561045 0.067 acre Wetland Section 404 Wetland DD 35.819792 -79.561725 0.02 acre Wetland Section 404 Wetland EE 35.820552 -79.563192 0.715 acre Wetland Section 404 Wetland FF 35.820344 -79.563017 0.147 acre Wetland Section 404 Wetland GG 35.819952 -79.562644 0.021 acre Wetland Section 404 Wetland HH 35.820005 -79.563923 0.004 acre Wetland Section 404 Wetland II 35.819901 -79.564383 0.013 acre Wetland Section 404 Wetland JJ 35.819824 -79.564530 0.047 acre Wetland Section 404 Wetland KK 35.819912 -79.565586 0.047 acre Wetland Section 404 Wetland LL 35.820858 -79.567367 2.78 acres Wetland Section 404 Wetland MM 35.820415 -79.564068 0.023 acre Wetland Section 404 Wetland NN 35.820206 -79.564532 0.004 acre Wetland Section 404 Wetland 00 35.820243 -79.564033 0.01 acre Wetland Section 404 Wetland PP 35.820328 -79.563979 0.004 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 AID 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 AID 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 AID 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 AID 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 November 16, 2020 ® 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: Liberty Quad ®Natural Resources Conservation Service Soil Survey. Citation: NRCS websoil survey ® National wetlands inventory map(s). Cite name: USFWS NWI ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: NC FIRM maps ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): 2018 or ® Other (Name & Date): site photos ❑ 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 11/16/2020 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 fmalizing an action. Lin Af'r�f• 4 711 W. a Ap� V � ryyy 2 r a Creek l Mica - Hoio aaa� a;iwp :9 �+✓� _� N .,.gip, - ' Y i Al S � S i •;' -' � �� 4 i ♦♦�� l S I aN G a 0 0 vt Y 0• Y U! a O � a a .p ISY�/JS B. Figures Proposed Conservation Easement Ir II k �f f ■fir • # � I ``` �L 16 r t { Liberty USGS 7.5-Minute Topographic Quadrangle W I L D L A N D S 0 300 600 Feet ENGINEERING I I I I I wu 1 Figure 1 USGS Topographic Map Liberty Rock Mitigation Site Cape Fear River Basin 03030003 Randolph County, NC �aaa� ea►W N S u c E v v � � O v � � W � U 00 a� E +, v E L 2 E O U N m U '++ O (D ti0 �n N In N u U O N O u ca N U L 7 0 a t v 0 a v U cc p0 0 p0 m u o > C a C o 0 Q U U = 0 Z-ua a a U C7 > w Z w a LA a v m [o + O cn O N o O .� 0 o N ao O N •ccam � z" G ' [NO m U L W 0 aj > MI Z HzLU W W J�\ Z 1� Z ' W 1�1 I --I V O r t) r. % i i Conservation Easement -.J Existing Wetland Permanent Wetland Impact Temporary Wetland Impact Project Parcels Permanent Stream Impact Temporary Stream Impact Existing Intermittent Stream Existing Perennial Stream 4 Figure 31b Impact Map ft.,WILDLANDS Liberty Rock Mitigation Site F N G I N r: F R I N C, Cape Fear River Basin (03030003) 0 50 100 Feet 1 1 1 1 t Randolph County, NC 3tw� w o =o 0 u�m a0 E > Mrs V O 31. 10 C. Categorical Exclusion Checklist Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 2 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. ProjectPart 1: General • • Project Name: Liberty Rock Mitigation Site Count Name: Randolph County 100135 DMS Number: Project Sponsor: Wildlands Engineering, Inc. Project Contact Name: Kirsten Gimbert Project Contact Address: 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 Project Contact E-mail: kgimbert@wildlandseng.com DMS Project Manager: Jeremiah Dow Project Description For Official Use Only Reviewed By: Date L' AS Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: 3 -2-t3 --2-0 Date For Division Administrator FHWA 2: All Projects Regulation/QuestionPart .. Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ❑ Yes ✓❑ No 2. Does the project involve ground -disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ✓❑ N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ❑✓ N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full -delivery" project? 0 Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ❑✓ No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ❑✓ No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ❑✓ N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ✓❑ N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ❑✓ N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ✓❑ No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ❑✓ N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ❑✓ N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full -delivery" project? ✓❑ Yes ❑ No 2. Does the project require the acquisition of real estate? ✓❑ Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ✓❑ No ❑ N/A 4. Has the owner of the property been informed: ✓❑ Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A 3: Ground -Disturbing Activities Regulation/QuestionPart .. American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ❑ Yes Cherokee Indians? ❑✓ No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ❑✓ N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ❑✓ N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ❑✓ N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes ❑✓ No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ❑✓ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ❑✓ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ❑✓ N/A Archaeological Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ❑✓ No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ❑✓ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ❑✓ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ❑✓ N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ❑✓ Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑✓ Yes ❑ No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ❑✓ No ❑ N/A 4. Is the project "likely to adversely affect" the species and/or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No ❑✓ N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes ❑ No ❑✓ N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ❑✓ N/A Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ❑✓ No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ✓❑ N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ❑✓ N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? ❑✓ Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally ❑✓ Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? ❑✓ Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ❑✓ Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ❑✓ Yes ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 f 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ❑✓ No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ❑✓ N/A Ma nuson-Stevens Fishery Conservation and Manaciement Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ❑✓ No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ❑✓ N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ❑✓ N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ❑✓ N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No ❑✓ N/A Migratory Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ❑✓ No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ❑✓ N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ❑✓ No 2. Has a special use permit and/or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ❑✓ N/A