20211834 Ver 1_Sheek Street cover letter_20211220

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

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 9
375 SILAS CREEK PARKWAY
WINSTON SALEM, NC 27127
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968

Website: ncdot.gov
Location:
375 SILAS CREEK PARKWAY
WINSTON-SALEM, NC 27127

December 17, 2021

Andrew Williams
Regulatory Project Manager
Regulatory Division Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587

SUBJECT: Pre-Construction Notification Pursuant to Nationwide Permit 14
Upgrade Sheek Street in Davie County. WBS Number: 49748

Dear Mr. Williams:
We are requesting a Section 404 Nationwide Permit 14 from the US Army Corps of Engineers (USACE)
for stream impacts associated with upgrading existing Sheek Street from a 10’ gravel road to a paved road
with 2, 11’ travel lanes and grassed shoulders. We are also requesting that the NC Division of Water
Resources issue the corresponding General Certification, and request that they debit the above WBS
number for the application fee. The project is part of an economic development project that will provide
improved access for Liberty Storage Facility. The impacts involve the replacement of an existing 36’ CMP
(corrugated metal pipe) with a 66” CAAP (corrugated aluminum arch pipe). The road will be closed during
the pipe replacement with no onsite detour required.
The project will permanently impact 35 linear feet of stream (3’pipe, 25’ rip rap fill and 6’ bank
stabilization) and temporarily impact 6 linear feet of stream for dewatering to install the pipe, rip rap fill and
bank stabilization. The stream to be impacted is an Unnamed Tributary to Leonard Creek (Class C) in the
Yadkin Pee Dee River Basin. Existing stream is approximately 2' wide upstream of the existing culvert,
and 5' wide downstream of the existing culvert. The downstream stream width has been widened by the
existing culvert. The new culvert has been designed with a notched sill that will be 2' wide for the low flow
notch and 1' wide for each high flow notch. Floodplain benches will be constructed up and downstream of
the pipe to match the width of the high flow notches.
Since the road is being upgraded to serve the Liberty Storage Facility, we coordinated with the Liberty
Storage Facility site engineer, Davis-Martin-Powell and Associates, and their environmental consultant,
Carolina Ecosystems Inc, to confirm that combined jurisdictional impacts would not exceed individual
permit thresholds. We have included a site plan for the Liberty Storage facility, which shows that they will
avoid a potential wetland and a potential stream on the property that is being developed. There will be an
aerial stream crossing from a sewer line with no impacts. A PJD was not requested for the Liberty Storage
facility development. Previous verbal communications with Eric Alsmeyer indicated that the NCDOT
project would be permitted under a Nationwide Permit 14, and that any impacts from the facility would be

permitted separately if the two projects were not cumulatively over the individual permit threshold. We
have demonstrated that the two combined projects will not cumulatively trigger an Individual Permit, and
request that you authorize the impacts from the road project as a linear transportation project under a
Nationwide 14.
Protected Species
The USFWS lists Schweinitz’s sunflower (Helianthus schweinitzii) and Michaux’s sumac (Rhus michauxii)
as endangered for Davie County. Suitable habitat (e.g., dry, clayey, early successional roadsides and utility
rights-of-way) for Schweinitz’s sunflower and Michaux’s sumac is present within the road project area. The
project was surveyed for Schweinitz’s sunflower and Michaux’s sumac on September 24, 2021 and no
plants of either species were found. Additionally, a review of the July 2021 NCNHP database indicates no
known Schweinitz’s sunflower occurrences within 1.0 mile of the study area. Since habitat was present but
no sunflowers were found and there are no known populations within one mile of the project area, we
determined that the project would have ‘no effect’ on Schweinitz’s sunflower. A copy of the survey memo
for both species is attached.

The USFWS also lists the northern long-eared bat (Myotis septentrionalis) (NLEB) as threatened for Davie
County. There were no structures to survey for the road project (no bridges or culverts greater than 60’ long
and 5’ tall). There will be minimal tree removal associated with the road widening, but none associated
with the pipe replacement. Habitat for the NLEB is present within the study area consisting of forested
areas throughout the study area.
The USACE has developed a Standard Local Operating Procedure for Endangered Species (SLOPES) to
address NLEB when they are the lead agency, which NCDOT will follow for this project. We believe the
project qualifies as situation 1 under USACE’s SLOPES procedure. NCDOT has determined that the
proposed action does not require separate consultation on the grounds that the proposed action is consistent
with the final Section 4(d) rule, codified at 50 C.F.R. § 17.40(o) and effective February 16, 2016. Section 7
responsibilities are therefore considered fulfilled.
Bald eagles are protected under the Bald and Golden Eagle Protection Act. 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. A desktop-GIS assessment of the
project study area, as well as the area within a 1.0-mile radius of the project limits, was performed. No
water bodies large enough or sufficiently open to be considered potential feeding sources were identified.
Since there was no foraging habitat within the review area, a survey of the project study area and the area
within 660 feet of the project limits was not conducted. Additionally, a review of the August 2021 NCNHP
database revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the
lack of individuals, nests, or known occurrences within 1.0 mile, it has been determined that this project
will not impact this species.
Cultural Resources
The project was submitted to NCDOT Cultural Resource in compliance with the 2020 Section 106
Programmatic Agreement. ‘No Survey Required’ forms were obtained for both Archeology and Historic
Architecture. Therefore, we concluded that the project would have no effect on theses resources.
Additionally, we submitted the project for input to the Catawba Indian Nation, and they responded on
December 14, 2021 that they had no concerns.
Supporting Documentation

In addition to the PCN form, the following documentation, supporting the natural and cultural resources
related to the site, are included with the submittal:
• Permit Drawings and Stormwater Management Plan
• Schweinitz’s sunflower and Michaux’s sumac survey memo
• DMS Acceptance letter
• Building Plat for new Liberty storage facility
• Cultural Resources:
∗ Historic Architecture and Archeology “No Survey Required” forms
∗ Tribal coordination with the Catawba Indian Nation

If you have any questions, comments or need additional information after reviewing this material please
contact me at [phone]. Thank you for your cooperation in this matter.
Sincerely,

Amy Euliss
NCDOT Division 9 PDEA Engineer

cc: Dave Wanucha, Division of Water Resources (DWR)
Beth Harmon, Division of Mitigation Services (DMS)
Chuck White, Division 9 Bridge Maintenance Engineer