20211872 Ver 1_401 Application_20211221

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID# *
20211872
Version* 1
Is this project a public transportation project?* Yes
• No
Reviewer List: * Colleen Cohn:eads\cmcohn
Select Reviewing Office: * Raleigh Regional Office - [phone]
Submittal Type:* 401 Application
Does this project require a request for payment to be sent?*
Yes
No
How much is owed?* $240.00
$570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Project Contact Information
Name: Jonathan M. Herman
Who is submitting the information?
Email Address: [e-mail]
Project Information
Project Name: 5th Street Culvert Replacement Project
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Chatham
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
PCN Submittal 122121.pdf 8.07MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
Attached is a Pre -Construction Notification and Appendices.
Sign and Submit
By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');

• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
011&1.Cl,- WW" .ta
Submittal Date: Is filled in automatically.

wArEa°c
� r
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
0 Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes 0 No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
0 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes 0 No
For the record only for Corps Permit:
❑ Yes 0 No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes 0 No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes 0 No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes 0 No
2.
Project Information
2a.
Name of project:
5th Street Culvert Replacement
2b.
County:
Chatham
2c.
Nearest municipality / town:
Siler City
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
N/A - Rail right-of-way
3b.
Deed Book and Page No.
N/A - Rail right-of-way
3c.
Responsible Party (for LLC if
applicable):
N/A - Rail right-of-way
3d.
Street address:
N/A - Rail right-of-way
3e.
City, state, zip:
N/A - Rail right-of-way
3f.
Telephone no.:
N/A - Rail right-of-way
3g.
Fax no.:
N/A - Rail right-of-way
3h.
Email address:
N/A - Rail right-of-way
Page 1 of 10
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4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑X Other, specify: Town of Siler City
4b.
Name:
Chris McCorquodale
4c.
Business name
(if applicable):
Town of Siler City
4d.
Street address:
311 N Second Avenue
4e.
City, state, zip:
Siler City, North Carolina 27344
4f.
Telephone no.:
[phone]
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Jonathan Herman
5b.
Business name
(if applicable):
McGill Associates, P.A.
5c.
Street address:
1240 19th Street Lane NW
5d.
City, state, zip:
Hickory, NC 28601
5e.
Telephone no.:
[phone]
5f.
Fax no.:
5g.
Email address:
[e-mail]
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B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
N/A- Rail right-of-way
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.7989 Longitude:-79.4672
1c.
Property size:
acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Unnamed Tributary to Loves Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Cape Fear
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
There are 4 culverts conveying flow from 'UT -UT -Loves Creek' under W. 5th Street. Riprap and formed concrete are above the culverts along the road
shoulders. The site is located within the Norfolk Southern Railroad ROW, the floodplain, and floodway. A portion of the 5th Street roadway has
collapsed due to a loss of roadbed material around the culverts. Land uses in the project vicinity includes residential, industrial, and commercial.
3b.
List the total estimated acreage of all existing wetlands on the property: 0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 59
3d. Explain the purpose of the proposed project:
The purpose of the project is to replace existing dilapidated culverts under 5th Street and repair a section of collapsed road pavement.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Appendix 8.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑ Yes ❑ No ❑X Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑ No 0 Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
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C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 T
Dewatering
UT -UT -Loves Creek
PER
Both
9
7
S2 T
Culvert
UT -UT -Loves Creek
PER
Both
18
44
S3 T
Dewatering
UT -UT -Loves Creek
PER
Both
26
8
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
59
3i. Comments:
See attached Impacts Map.
Page 4 of 10
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4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
0
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑X No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require miti ation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
0
0
6i. Comments:
Page 5 of 10
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D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The culvert will be replaced in -kind to provide a hydraulically equivalent conveyance of stream flows. Existing riprap outlet protection will be replaced
in kind to reduce the velocity of flows exiting the culverts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
A pump -around practice will be utilized to dewater the work area during project construction to ensure that all instream work occurs in the dry.
Temporary silt fence and riprap slope protection will be installed to minimize soil erosion from disturbed area.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity: 0
Quantity: 0
Quantity: 0
3c. Comments: N/A
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
0 linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
0 square feet
4e.
Riparian wetland mitigation requested:
0 acres
4f.
Non -riparian wetland mitigation requested:
0 acres
4g.
Coastal (tidal) wetland mitigation requested:
0 acres
4h.
Comments: N/A
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
N/A
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
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6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
N/A
o
3 (2 for Catawba)
0
Zone 2
N/A
o
1.5
0
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
N/A
6h. Comments: N/A
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E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
The project is located in the Cape Fear river basin which has no riparian buffer protection rules.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
43 %
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
The project will not increase the built -upon area or modify the existing hydrology.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
N/A
2e.
Who will be responsible for the review of the Stormwater Management Plan?
N/A
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Town of sller City
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑X Other: N/A
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
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F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
0 Yes
❑ No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes
❑X No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
[]Yes
0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes
0 No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes
0 No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance
with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The culverts will be replaced in -kind. No development is anticipated as a result of the project.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
No wastewater will be generated as a result of the project. Project work will involve the replacement of an existing 8" VCP sewer with 8" DIP.
Page 9 of 10
PCN Form — Version 1.4 January 2009
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5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑X Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑X Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS iPac Report
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑X Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
North Carolina State Historic Preservation Office. Proposed project limits within existing railroad and road right of way. The CH0504 High Point
Bending and Chair Company 1999 property limits adjoin the project limits. No impacts to historical resources anticipated.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
The in -kind culvert replacement will provide a hydraulically equivalent conveyance for culvert and road overtopping flows to the existing conditions (see
No -Rise Certification and approval in attached Appendices)
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Insurance Rate Maps
Jonathan Herman
12-21-2021
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10
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APPENDICES
1. Project Plan Set
2. No -Rise Certification
3. IPAC Consultation Document
4.
NCSHPO Map
5.
Impacts Map
6.
Floodplain Map
7.
Agent Authorization Form
8.
Detailed Project Description

APPENDIX 1
Plans Set

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APPENDIX 2
No -Rise Certification

NO -RISE CERTIFICATION
This document is to certify that I am duly qualified engineer licensed to
practice in the State of North Carolina. It is to further certify that the
attached technical data supports the fact that the proposed culvert
replacement will not increase the base flood elevations or floodway
elevations, or impact the floodway widths, on Loves Creek Tributary 3 at
published cross- sections in the Flood Insurance Study for Siler City, date
October 19, 2018 and will not increase the base flood elevations or
floodway elevations, or impact the floodway widths at unpublished cross -
sections in the area ofthe proposed development.
Michael Hanson
Name
Project Manager
Title
5400 Trinity Rd. Suite 107
Raleigh, NC 27607
Address
August 9, 2021
Date
Seal and Signature
FOR COMMUNITY USE ONLY
❑ Approved ❑ Disapproved
Name and Title Signature Date

BUrr North Carolina Department of Public Safety
3Emergency Management
Roy Cooper, Governor William C. Ray, Director
Casandra Skinner Hoekstra, Interim Secretary
August 24, 2021
Jack Meadows
Planning and Community Development Director
Town of Siler City
311 North Second Ave.
Siler City, NC 27344
Subject: No -Rise Certification for Proposed 51h Street Culvert Replacement Project, Siler City,
North Carolina
Dear Mr. Meadows:
The North Carolina Department of Public Safety Division of Emergency Management Risk
Management National Flood Insurance Program (NCNFIP) staff has reviewed the No -Rise
Certification and Engineering Plans for the proposed 51h Street Culvert Replacement Project in
Siler City, North Carolina. The No -Rise Certification was prepared by Michael Hanson, P.E.,
McGill Associates, P.A.. The Certification is dated on August 20, 2013, and it was received in
this office on August 9, 2021.
Based on the information provided, the NCNFIP finds no objection to the conclusion of no
increase in base flood elevation or floodway elevation as contained in the Certification.
A Floodplain Development Permit will be required prior to construction.
If you have any questions or concerns with the items herein, please contact me at (919) 825-
2317, by email at jintao.wengncdps.gov or at the address shown on the footer of this document.
Sincerely,
iintao Wen, Ph.D., P.E.
NC NFIP Engineer
NC Emergency Management
cc: Milton Carpenter, CFM, NC NFIP Central Branch Planner
Steve Garrett, CFM, NC NFIP Coordinator
File
MAILING ADDRESS: OFFICE LOCATION:
4218 Mail Service Center 4105 Reedy Creek Road
Raleigh, NC 27699-4218 Raleigh, NC 27607
Floodnc.gov n+ Telephone: [phone]
An Equal Opportunity Employer

APPENDIX 3
IPAC Consultation Document

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: November 03, 2021
Consultation Code: 04EN2000-2022-SLI-0192
Event Code: 04EN2000-2022-E-00436
Project Name: Siler City 5th Street Culvert Replacement
Subject: Updated list of threatened and endangered species that may occur in your proposed
project location or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or

11/03/2021 Event Code: 04EN2000-2022-E-00436 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratoDLbirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office atjohn—[e-mail].

11/03/2021 Event Code: 04EN2000-2022-E-00436
Attachment(s):
• Official Species List

11/03/2021 Event Code: 04EN2000-2022-E-00436
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

11/03/2021 Event Code: 04EN2000-2022-E-00436 2
Project Summary
Consultation Code: 04EN2000-2022-SLI-0192
Event Code: Some(04EN2000-2022-E-00436)
Project Name: Siler City 5th Street Culvert Replacement
Project Type: DEVELOPMENT
Project Description: The project involves the replacement of (4) 36" RCP culverts and
associated road crossing located near the intersection of 5th Street and
Camelia Avenue. The project area is 0.06 acres. Timing of project
implementation has not been determined at this time.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/035.7262279,-79.46724165023149,14z
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ih
174` y
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k
Silo
s
Counties: Chatham County, North Carolina

11/03/2021 Event Code: 04EN2000-2022-E-00436 3
Endangered Species Act Species
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Fishes
NAME STATUS
Cape Fear Shiner Notropis mekistocholas Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/6063
Clams
NAME
Atlantic Pigtoe Fusconaia masoni
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: https:Hecos.fws.gov/ecp/species/5164
STATUS
Proposed
Threatened

11/03/2021 Event Code: 04EN2000-2022-E-00436 4
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Harperella Ptilimnium nodosum
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3739
STATUS
Candidate
STATUS
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

APPENDIX 4
NCSHPO Map

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APPENDIX 5
Impacts Map

PLAN
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I
DATE 5TH STREET SHEET
11/02/21 CULVERT REPLACEMENT
124019S1ee1 Lane PROJECT TOWN OF SILER CITY
Hickory, NC 21101 1 MPACTS MAP
e2e.s2e.2.2o24 21.03018 1
MCg ' NC Finn License#C-0459 PROJECT MANAGER
mcgillassociates.com D. HONEYCUTT CHATHAM COUNTY, NORTH CAROLINA

APPENDIX 6
Floodplain Map

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APPENDIX 7
Agent Authorization Form

'�' Shaping Communities Together
mc
g
AGENT AUTHORIZATION FORM
PROJECT NAME, Siler City 51h Street Culvert Replacement
PROPERTY LEGAL DESCRIPTION: REV S B FORTNER BLK 74 L 6-9 P 5 & 10 02 018 011 17 000
PARCEL ID: N/A — Railroad and Road Right of Way
STREET ADDRESS: No Assigned Address Project Coordinates: 35.726290-79.467132
Please Print
Property Owner(s)/Representative(s); Roy Lynch
(If Representative) Title(s): Town of Siler City, Town Manager
The undersigned, registered property owners of the above noted property, do hereby authorize
Jonathan Herman & Jon Swaim of McGill Associates P.A.
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or
certification and any and all standard and special conditions attached.
Property Owner's/Representative's Address (if different than property above):
PO Box 769
Siler Citv, NC 27344
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the best of our
knowledge.
Authorized Signature Authorized Signature (if co-owner)
Date: / vR - a Date (if -co-owner):
MCGILL ASSOCIATES 1240 19th STREET LANE NY/, HICKORY, NC 28601 1 828.328.2024 f MCGILLASSOCIAFS.00tA

UITIOUTIROD"U.,
Detailed Project Description

Question 3e (from PCN). Describe the overall project in detail, including the type
of equipment to be used:
The in -kind replacement has been designed to match existing conditions while also providing a long-term
stable installation. Upstream and downstream culvert inverts were selected within the range of the
existing inverts at each end to nominally match existing pipe slopes and maintain clearance with the
crossing sanitary sewer. Upstream and downstream slope treatments were selected to match existing
conditions with concrete ditch lining on the upstream side and riprap on the downstream side. Road
shoulders and paved crest elevations also match existing conditions. Approximately 59 linear feet of
temporary impacts will be required for culvert replacement and construction access. Temporary impacts
during construction will include noise, dust, and closure of 5th Street. No development is anticipated as
a result of the project. Due to the project being an in -kind replacement no visual impacts to surrounding
historic resources are anticipated. Equipment required for the project may include excavators, backhoes,
dump trucks, jackhammers, forklifts, cranes, asphalt mixers, graders, and road rollers. We are requesting
a waiver from the depth specifications requiring culvert burial. In order to avoid existing buried utilities
and to maintain existing road grade and elevations, the existing culverts must be replaced and installed in
kind at existing invert elevations. Stream bed conditions in this area are unstable and consist of a sandy
bottom stabilized with existing rip rap. It is our opinion that the proposed design would result in less
impacts to the aquatic environment by minimizing stream bed impacts, destabilization, and head cutting.