20211283 Ver 1_17BP11 R 152-MCDC_20211026

NCDOT MINIMUM CRITERIA DETERMINATION CHECKLIST
MCDC October 2021
17BP.11.R.152 Bridge 020005
State Project No.: 17BP.11.R.152

Project Location: The proposed project involves replacing Bridge No. 5 over Little River on SR 1133 (Pine
Swamp Rd.) in Alleghany County.

Project Description: The purpose of this project is to replace Alleghany County Bridge No. 5 on SR 1133
(Pine Swamp Rd.) over Little River (see Figure 1). Bridge No. 5 is 41 ft. long. The replacement structure will
be a bridge approximately 72 ft. long, providing a minimum 27-foot, 10-inch clear deck width. The bridge
consists of two 10-foot lanes and 3-foot, 11-inch offsets on a new alignment to the west. The bridge length
is based on preliminary design information and is set by hydraulic requirements. The new bridge will be
constructed on a new alignment to the west, and the approach tie-ins to the existing roadway will be
constructed in phases. Traffic will be maintained on the existing bridge during construction and no offsite
detour is required.

The approach roadway of the proposed replacement structure will extend approximately 212 ft to the north
and 417 ft to the south of the new bridge. The approaches will be widened to include two 10-foot travel
lanes and 4-foot shoulders (7 feet with guardrail). Additionally, the project will replace an existing 72” pipe
located to the south of the existing bridge, which will be installed using phased construction. The project
also includes driveway reconstruction and an extension of SR 1134 (Harold Rd.) to tie in to the realignment
of SR 1133 (Pine Swamp Rd.)

Anticipated Permit or Consultation Requirements: A Nationwide Permit 3/General Certification 4132 may
be required from the U.S. Army Corps of Engineers (USACE) for impacts to "Waters of the United States"
resulting from this project. The USACE holds the final discretion as to what permit will be required to
authorize project construction.

Special Project Information:
Environmental Commitments:
The list of project commitments (green sheet) is located at the end of the checklist.

Purpose and Need:
NCDOT Structure Management Unit records indicate that Bridge No. 5 has a sufficiency rating of
22.39 out of a possible 100 for a new structure. The bridge is considered “Structurally Deficient”
due to a superstructure appraisal of 4 out of 9, and a substructure appraisal of 4 out of 9 according
to the Federal Highway Administration (FHWA) standards. Both superstructure and substructure
elements show signs of deterioration, and have had priority maintenance repairs performed on the
substructure elements. This is a bridge replacement and safety improvement project. The posted
weight limit on the bridge is down to 18 tons for SV and 23 tons for TTST. Replacement of the bridge
will result in safer traffic operations.

Bridge Demolition:
Bridge No. 5 is constructed of timber and steel and it should be possible to remove with no resulting
debris in the water based on standard demolition practices.

Threatened and Endangered Species:
As of October 8, 2021, the U.S. Fish and Wildlife (USFWS) IPac Program lists 3 federally protected
species under the Endangered Species Act (ESA) for Alleghany County. For each species, a
discussion of the presence or absence of habitat is included below.
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NCDOT MINIMUM CRITERIA DETERMINATION CHECKLIST
MCDC October 2021
17BP.11.R.152 Bridge 020005

Bog Turtle – Habitat consists of open, groundwater supplied, graminoid dominated wetlands along
riparian corridors or seepage slopes and includes wet meadows and bogs in cattle pasture. A review
of the March 2021 North Carolina National Heritage Program (NCNHP) database identified the bog
turtle with medium accuracy within 1.0 mile of the study area. However, this observation was
recorded in 1993 and the study area does not offer suitable habitat for the bog turtle. In addition, a
survey is not required since it is listed due to similarity of appearance. The biological conclusion for
the Bog Turtle is “No Effect”.

Gray Bat and Northern Long-Eared Bat – The bridge was surveyed by NCDOT staff for both species
and the results of that survey and associated biological conclusions are attached in a memo.

Bald and Golden Eagle Protection Act (BGEPA):
A desktop-GIS assessment of the study area, as well as the area within a 1.0 mile radius of the
project limits, was performed on March 2, 2021, using the most currently-available orthoimagery.
Water bodies large and sufficiently open enough to be considered potential feeding sources were
not identified. Since foraging habitat was not present within the review area, a survey of the study
area and the area within 660 feet of the project limits was not required. Additionally, no bald eagle
or golden eagle individuals or nests were observed during the February 22, 2021 field visit. A review
of the February 2021 NCNHP database revealed no known occurrences of this species within 1.0
mile of the study area. Due to the lack of foraging habitat, known occurrences, and minimal impact
anticipated for this project, it has been determined that this project will not affect this species.

The proposed bridge will be constructed on a new alignment to the west, prior to removing the existing
bridge. As a result, NCDOT staff will have additional opportunities to survey for these species before work
begins on the existing bridge. If any of these species are observed, then appropriate action will be taken.

Cultural Resources:
There are 4 recognized tribes with interests in Alleghany County (Cherokee Nation, Eastern Band of
Cherokee Indians, United Keetoowah Band of Cherokee Indians, and the Catawba Indian Nation).
The tribes will be notified of the project once the survey results from the recommended archaeology
survey are complete. Any concerns raised by them will be provided during the 404 permit process.

Archaeological Survey:
As of July 29, 2021, an archaeological survey was required. The archaeological survey was completed
September 27, 2021, and results indicate that there are no National Register listed Archaeological
Sites within the project’s area of potential effects. Moreover, subsurface investigations did not
reveal the presence of any archaeological resources.

Construction Moratoria:
During a survey conducted on April 13, 2021, the North Carolina Wildlife Resources Commission
(NCWRC) observed wild, self-sustaining trout in Little River and the UT that flows through the
project area. Therefore, a mandatory trout moratorium is required from October 15 to April 15.

Public Involvement:
The project has been coordinated with the public via letter in advance of location surveys and in-
person contacts during project field work.

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NCDOT MINIMUM CRITERIA DETERMINATION CHECKLIST
MCDC October 2021
17BP.11.R.152 Bridge 020005
PART A: MINIMUM CRITERIA

Item 1 to be completed by the Project Manager. YES NO
1. Is the proposed project listed as a type and class of activity allowed
under the Minimum Criteria Rule in which environmental
documentation is not required?

If the answer to number 1 is “no”, then the project does not qualify as a
minimum criteria project. A state Environmental Assessment is required.

If yes, under which category? 9
If either category #8, #12(i) or #15 is used complete Part D of this checklist.

PART B: MINIMUM CRITERIA EXCEPTIONS

Items 2 – 4 to be completed by the Project Manager. YES NO
2. Could the proposed activity cause significant changes in land use
concentrations that would be expected to create adverse air quality
impacts?

3. Will the proposed activity have secondary impacts or cumulative
impacts that may result in a significant adverse impact to human health
or the environment?

4. Is the proposed activity of such an unusual nature or does the
proposed activity have such widespread implications, that an
uncommon concern for its environmental effects has been expressed
to the Department?

Item 5-8 to be completed by Division Environmental Officer. YES NO
5. Does the proposed activity have a significant adverse effect on
wetlands; surface waters such as rivers, streams, and estuaries;
parklands; prime or unique agricultural lands; or areas of recognized
scenic, recreational, archaeological, or historical value?

6. Will the proposed activity endanger the existence of a species on the
Department of Interior's threatened and endangered species list?

7. Could the proposed activity cause significant changes in land use
concentrations that would be expected to create adverse water quality
or ground water impacts?

8. Is the proposed activity expected to have a significant adverse effect on
long-term recreational benefits or shellfish, finfish, wildlife, or their
natural habitats?

If any questions 2 through 8 are answered “yes”, the proposed project may not qualify as a Minimum Criteria
project. A state Environmental Assessment (EA) may be required. For assistance, contact the Environmental
Policy Unit at (919) 707–6253 or [e-mail].
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NCDOT MINIMUM CRITERIA DETERMINATION CHECKLIST
MCDC October 2021
17BP.11.R.152 Bridge 020005

PART C: COMPLIANCE WITH STATE AND FEDERAL REGULATIONS

Items 9- 12 to be completed by Division Environmental Officer. YES NO
9. Is a federally protected threatened or endangered species, or its habitat,
likely to be impacted by the proposed action?

10. Does the action require the placement of temporary or permanent fill in
waters of the United States?

11. Does the project require the placement of a significant amount of fill in
high quality or relatively rare wetland ecosystems, such as mountain
bogs or pine savannahs?

12. Is the proposed action located in an Area of Environmental Concern, as
defined in the coastal Area Management Act?

Items 13 – 15 to be completed by the Project Manager.
13. Does the project require stream relocation or channel changes?

Cultural Resources
14. Will the project have an “effect” on a property or site listed on the
National Register of Historic Places?

15. Will the proposed action require acquisition of additional right of way
from publicly owned parkland or recreational areas?

Questions in Part “C” are designed to assist the Project Manager and the Division Environmental Officer in
determining whether a permit or consultation with a state or federal resource agency may be required. If
any questions in Part “C” are answered “yes”, follow the appropriate permitting procedures prior to
beginning project construction.

PART D:( To be completed when either category #8, 12(i) or #15 of the rules are used.)

Items 16- 22 to be completed by Division Environmental Officer.

16. Project length: N/A

17. Right of Way width: N/A

18. Project completion date: N/A

19. Total acres of newly disturbed ground
surface:

N/A

20. Total acres of wetland impacts: N/A

21. Total linear feet of stream impacts: N/A

22. Project purpose: N/A
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NCDOT MINIMUM CRITERIA DETERMINATION CHECKLIST
MCDC October 2021
17BP.11.R.152 Bridge 020005

Reviewed by:
Date:
Kevin Hining
Division Environmental Officer
NCDOT, Division 11

Date:
Joe L. Laws, PE
Division Bridge Project Manage
NCDOT, Division 11

Date:
Samuel L. Cullum, PE
PEF Project Manager
KCA

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10/11/2021
10/11/2021
10/11/2021
PROJECT COMMITMENTS
MCDC October 2021 Green Sheet
17BP.11.R.152 Bridge 020005
Alleghany County
Bridge No. 5 over Little River on SR 1133 (Pine Swamp Road)
Project No. 17BP.11.R.152

Division Environmental – Construction Moratoria
During a survey conducted on April 13, 2021, the North Carolina Wildlife Resources Commission
(NCWRC) observed wild, self-sustaining trout in Little River and the UT that flows through the
project area. Therefore, a mandatory trout moratorium is required from October 15 to April 15.

NCDOT will implement Guidelines for Construction of Highway Improvements Adjacent to or
Crossing Trout Waters in North Carolina in the design and construction of this project.

Division Environmental – Cultural Resources
There are 4 recognized tribes with interests in Alleghany County (Cherokee Nation, Eastern Band of
Cherokee Indians, United Keetoowah Band of Cherokee Indians, and the Catawba Indian Nation).
The tribes will be notified of the project once the survey results from the recommended archaeology
survey are complete. Any concerns raised by them will be provided during the 404 permit process.

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S R -1 1 3 4
SR-1133
LittleRi v e r(SpartaLake)Figure 1
Replacement of Bridge No. 20005 on SR 1133(Pine Swamp Road) over Little River (17BP.11.R.152)
Path: D:\Projects\Unsorted\North Carolina\NEW NC Bridges\Maps\Alleghany 5 - Vicinity Map.mxd 5/13/2021
Alleghany County, North Carolina
300 0 300150
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
ENVIRONMENTAL ANALYSIS UNIT
1598 MAIL SERVICE CENTER
RALEIGH, NC 27699-1598
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968

Website: www.ncdot.gov
Location:
1000 BIRCH RIDGE DRIVE
RALEIGH, NC 27610

August 6, 2021

TO: Kevin Hining, Division Environmental Officer
Division of Highways, Division 11

FROM: Melissa Miller, Environmental Program Consultant
Biological Surveys Group, EAU

SUBJECT: Section 7 survey results for the northern long-eared bat (Myotis septentrionalis)
and gray bat (Myotis grisescens) associated with the replacement of Bridge No. 5
over Little River on SR 1133 in Alleghany County, TIP No. 17BP.11.R.152.

The North Carolina Department of Transportation (NCDOT, Division 11) proposes to replace
Bridge No. 5 over Little River on SR 1133 in Alleghany County, TIP No. 17BP.11.R.152. The
existing bridge is a single span structure with steel beams, timber deck, end walls, and guard rails
and a clearance of 8 feet over the water surface. The overall length of the structure is 41 feet.

Northern long-eared bat
The project to replace Bridge No. 5 has been reviewed for effects on the northern long-eared bat
(NLEB). As of May 4, 2015, NLEB is listed by the U.S. Fish and Wildlife Service (USFWS) as
“Threatened” under the Endangered Species Act of 1973. As of August 6, 2021, NLEB is listed
in IPaC (https://ecos.fws.gov/ipac/) as occurring in Alleghany County.

According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most
recently updated April 2021, the nearest NLEB hibernacula record is 45 miles southwest of
the project and no known NLEB roost trees occur within 150 feet of the project area.

NCDOT has also reviewed the USFWS Asheville Field office website
(http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html) for consistency with
NHP records. This project is located entirely outside of the red highlighted areas (12-digit HUC)
that the USFWS Asheville Field Office has determined to be representative of an area that may
require consultation. The closest 12 digit (030501010502) red HUC is approximately 43 miles
away (Upper Wilson Creek).

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On July 13, 2021, NCDOT biologists assessed bridge No. 5 for potential northern long-eared bat
habitat. No crevices suitable for roosting were present. No evidence of bats (bats, staining, and
guano) was observed. No mines or caves were detected in the project area or within line of sight
of the bridge. Trees greater than 3” dbh were noted in the project area. Based on the presence of
suitable roost trees, NCDOT recommends a Biological Conclusion of May Affect Not Likely To
Adversely Affect for the northern long-eared bat. In order to minimize impacts to potential
roosting habitat, a tree clearing moratorium may be required between April 15 and August 15 of
any year.

Gray bat
The project to replace Bridge No. 5 has also been reviewed for effects on the gray bat (MYGR).
As of April 28, 1976, the gray bat was listed by the U.S. Fish and Wildlife Service (USFWS) as
“Endangered” under the Endangered Species Act of 1973. As of August 6, 2021, MYGR is listed
in IPaC (https://ecos.fws.gov/ipac/) as occurring in Alleghany County.

According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most
recently updated in April 2021, MYGR have not been documented in Alleghany County. NHP
data indicate that the closest known occurrence of MYGR is approximately 16 miles west of
the project site.

On July 13, 2021, NCDOT biologists assessed bridge No.5 for potential bat habitat. No crevices
suitable for roosting were present. No evidence of bats (bats, staining, or guano) was observed.
No caves or mines are located within the project footprint or within line of sight of the bridge.
Based on the bridge type, lack of bat evidence and the lack of caves or mines in the project
vicinity, NCDOT recommends a Biological Conclusion of May Affect Not Likely To Adversely
Affect for gray bats.

If you need any additional information, please contact Melissa Miller at 919-707-6127.

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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: County: Alleghany
WBS No.: 17BP.11.R.152 Document
Type:
MCC
Fed. Aid No: Funding: State Federal
Federal
Permit(s):
Yes No Permit
Type(s):

Project Description: Replace Bridge No. 5 on SR 1133 (Pine Swamp Road) over Little River.

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 June 7, 2021. Based on this review, there are no existing NR, SL, LD, DE, or SS
properties in the Area of Potential Effects, which is defined on the following maps. There are no
properties over fifty years of age within the APE that warrant further evaluation based on aerial
imagery. There are no National Register listed or eligible properties and no survey is required.
If design plans change, additional review will be required.

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
Alleghany County survey, Alleghany 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 June 7, 2021
NCDOT Architectural Historian Date

21-06-0002
Project Tracking No. (Internal Use)
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Project Tracking No.
21-06-0002
2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM “NO NATIONAL REGISTER ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES PRESENT” FORM
1 of 8
NO NATIONAL REGISTER OF HISTORIC PLACES
ELIGIBLE OR LISTED ARCHAEOLOGICAL SITES
PRESENT 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: County: Alleghany
WBS No: 17BP.11.R.152 Document: State Minimum Criteria Checklist
F.A. No: Funding: State Federal
Federal Permit Required? Yes No Permit Type: USACE
Project Description: Replace Bridge 5 on SR 1133 (Pine Swamp Rd.) over the Little River in
Alleghany County. The Area of Potential Effects (A.P.E.), based on the study area provided by the
project manager, is approximately 233 meters (764 ft.) long and 122 meters (400 ft.) wide. The
project is state funded and will require federal permits, so this review is conducted pursuant to
Section 106 of the National Historic Preservation Act.
SUMMARY OF ARCHAEOLOGICAL FINDINGS
The North Carolina Department of Transportation (NCDOT) Archaeology Team has reviewed
the subject project and determined:
There are no National Register listed ARCHAEOLOGICAL SITES within the project’s area
of potential effects. (Attach any notes or documents as needed.)
No subsurface archaeological investigations were required for this project.
Subsurface investigations did not reveal the presence of any archaeological resources.
Subsurface investigations did not reveal the presence of any archaeological resources
considered eligible for the National Register.
All identified archaeological sites located within the APE have been considered and all
compliance for archaeological resources with Section 106 of the National Historic
Preservation Act and GS 121-12(a) has been completed for this project.

Brief description of review activities, results of review, and conclusions:
see attached memo
(This project falls within a North Carolina County in which the following federally recognized tribes
have expressed an interest: the Cherokee Nation; the Eastern Band of Cherokee Indians; the United
Keetoowah Band of Cherokee Indians; and the Catawba Indian Nation. We recommend that you
ensure that this documentation is forwarded to these tribes using the process described in the current
NCDOT Tribal Protocol and PA Procedures Manual.)

SUPPORT DOCUMENTATION
See attached: Map(s) Previous Survey Info Photos Correspondence
Other:
Signed:
CALEB SMITH 9/27/2021

NCDOT ARCHAEOLOGIST Date
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Archaeological Survey for the Replacement of Bridge 5
on SR 1133 (Pine Swamp Rd.) over the Little River,
Alleghany County, North Carolina (PA 21 -06-0002)
Caleb Smith (9/27/2021)

Introduction

The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge 5 on SR
1133 (Pine Swamp Rd.) over the Little River in Alleghany County (Figure 1). The Area of
Potential Effects (A.P.E.), based on the study area provided by the project manager, is
approximately 233 meters (764 ft.) long and 122 meters (400 ft.) wide. While the bridge is oriented
approximately north-south, SR 1133 turns sharply to the northwest on the north side of the bridge.
Design plans show the bridge will be replaced with a new bridge along the west side of the existing
bridge (Figure 2). The project is state funded and will require federal permits, so this review is
conducted pursuant to Section 106 of the National Historic Preservation Act.

Cultural Resources Review

The bridge replacement project was submitted to the NCDOT Archaeology Team for cultural
resources review in June 2021 (PA 21-06-0002). Our review included an examination of a
topographic map (Figure 3), the Alleghany County web soil survey, an aerial photograph (Figure
4), and records about previously recorded sites, previous archaeological surveys, and previous
environmental reviews in the vicinity of the project. The topographic map shows the A.P.E.
includes level, well drained land along the Little River, a landform with a moderate to high
potential for prehistoric archaeological sites. The Alleghany County soil survey shows there are
landforms with well-drained soil in the A.P.E. The aerial photograph shows the land in most of
the A.P.E. is cleared (for agriculture and/or pasture). There are no previously recorded
archaeological sites within or adjacent to the A.P.E., the A.P.E. is not within any projects that have
been reviewed by the State Historic Preservation Office (HPO), and is not within any areas that
have been surveyed for archaeological sites. A visual examination of the project was conducted
on 6/18/2021. The examination found the northwest and southwest quadrants had a moderate to
high potential for archaeological sites. On 7/29/2021, an archaeological survey was recommended
for the northwest and southwest quadrants (see Archaeological Survey Required form [Smith
2021]).

Archaeological Field Survey

The archaeological field survey was conducted by NCDOT archaeologist Caleb Smith and
NCDOT Division 11 Environmental Officer Kevin Hining on 8/12/2021. Preliminary design plans
for the bridge replacement were provided in August 2021. The plans show the bridge will be
replaced along the west side of the existing bridge. The A.P.E. consists of a narrow strip of land
along the west side of the bridge and road. The impacts to the northwest quadrant do not include
any of the level floodplain in that quadrant so no shovel tests were excavated there.
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Alleghany 5 survey memo
6
The impacts are limited to the slope along the west side of the road. The impacts to the southwest
quadrant do include a section of well drained floodplain. Two shovel tests (STs) were excavated
in that quadrant.

The southwest quadrant is a level floodplain that is currently used as cow pasture (Figures 5-6). A
small stream is located approximately 75 meters (246 ft.) south of the bridge. The creek runs
northeast through the southwest quadrant, goes under SR 1133, and turns north to run along the
east side of SR 1133 to join the Little River in the southeast quadrant. ST 1 was placed
approximately 15 meters (50 ft.) west of the road and 10 meters (32 ft.) south of the creek. The
soil consisted of 35 centimeters (14 in.) of dark brown silty loam over 10 centimeters (4 in.) of
mottled brown and gray sand. The top layer of soil was hard-packed, a common feature of soil in
pastures that have been churned up by cows. The sand is interpreted as being a deposit from past
river flooding. No artifacts were recovered from ST 1. ST 2 was placed approximately 30 meters
(100 ft.) south of ST 1, 10 meters (32 ft.) west of the road, and 20 meters (66 ft.) north of the small
creek. The soil in ST 2 was similar to that in ST 1, consisting of 40 centimeters (16 in.) of dark
brown silty loam over 10 centimeters (4 in.) of mottled brown and dark brown sand. No artifacts
were recovered from ST 2.

Summary and Conclusion

The cultural resources review of the replacement of bridge 5 included an examination of a
topographic map, the Alleghany County soil survey, an aerial photograph, and records about
previously recorded archaeological sites, previous archaeological surveys, and projects that have
been reviewed by HPO. It also included an archaeological reconnaissance of the project area. An
Archaeological Survey Required form was submitted on 7/29/2021. The archaeological survey
was conducted on 8/12/2021. Two STs were excavated in the southwest quadrant of the bridge
replacement. The STs did not contain any artifacts. No additional archaeological survey is
required.

References Cited

Smith, Caleb
2021 Archaeological Survey Required form, Replacement of Bridge 5 on SR 1133 (Pine Swamp
Rd.) over the Little River in Alleghany County, North Carolina (PA 21-06-0002).
Archaeology Team, Environmental Analysis Unit, N.C. Department of Transportation,
Raleigh. Form submitted on 7/29/2021.

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