20201589 Ver 1_2021.12.20 B-5845 MCDC Final_20220112

NCDOT MINIMUM CRITERIA DETERMINATION CHECKLIST

B-5845 MCDC Bridge 220025
December 2021

STIP No.: B-5845
State Project No.: 45798.1.1

Project Location: The proposed project involves replacing Bridge No. 25 over Buffalo Creek on SR
2033 (Oak Gove Road) in Cleveland County.

Project Description: The purpose of this project is to replace Cleveland County Bridge No. 25 on SR
2033 (Oak Grove Road) over Buffalo Creek (see Figure 1). Bridge No. 25 is 225 feet long. The
replacement structure will be a 2-span prestressed concrete modified bulb tee bridge approximately
230 feet long, providing a minimum 34-foot clear roadway width. The proposed bridge will be
replaced on new alignment to south and include two 12-foot lanes and 5-foot offsets. The bridge
length is based on preliminary design information. The roadway grade of the new structure will be
approximately 2-3 feet higher than the existing structure. Traffic will be maintained on-site during
construction.

The approach roadway for the proposed replacement structure will extend approximately 890-feet
from the western end and approximately 830-feet from the eastern end of the new bridge. The
project is approximately 0.369-miles long. The approaches will include two 12-foot travel lanes and
8-foot shoulders (11-foot with guardrail) of which 5-feet will be paved. SR 2033 has a functional
classification of a Rural Collector and will be designed using Regional Tier Guidelines with a 60 mile
per hour design speed.

Anticipated Permit or Consultation Requirements: A Section 404 permit from the US Army Corps of
Engineers (USACE) and a Section 401 Water Quality Certification from NC Division of Water
Resources (NCDWR) will likely be required. 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 sheets) is located at the end of the checklist.

Purpose and Need:
NCDOT Structures Management Unit records indicates No.
25 has a sufficiency rating of 6 out of a possible 100 for a
new structure. The bridge is considered structurally
deficient due to substructure and superstructure
appraisals of 4 out of 9 according to Federal Highway
Administration (FHWA) standards.

Bridge No. 25 was constructed in 1955. The steel
components have heavy corrosion with delamination and section loss to some flanges.
Concrete has spalls with exposed rebar and section loss in areas. Due to the increasing degree
of deterioration that can no longer be addressed by reasonable maintenance activities, Bridge
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NCDOT MINIMUM CRITERIA DETERMINATION CHECKLIST

B-5845 MCDC Bridge 220025
December 2021

No. 25 is approaching the end of its useful life. The posted weight limit on the bridge is down to
30 tons for SV and 33 tons for TTST. Replacement of the bridge will result in safer traffic
operations.

Bridge Demolition:
Bridge No. 25 is constructed of concrete and steel and should be possible to remove with no
resulting debris in Buffalo Creek based on standard demolition practices.

Threatened and Endangered Species:
As of May 2021, the USFWS Information for Planning and Consultation (IPaC) contains two
species listed as Federally threatened and one candidate species.

Dwarf-flowered heartleaf - A search of the NC Natural Heritage Program (NHP) database,
updated October 2021, indicates one elemental occurrence of dwarf-flowered heartleaf within
1.0 mile of the study area. Three Oaks biologists surveyed the study area in April 2021 and
observed populations of dwarf-flowered heartleaf in all four quadrants. Impacts have not been
determined; therefore, a biological conclusion of Unresolved has been rendered for this
species.

Northern Long-eared Bat (NLEB) – In a letter dated May 19, 2021, the USFWS stated that
suitable summer roosting habitat may be present in the project area for NLEB. The final Section
4(d) rule exempts incidental take of NLEB associated with activities that occur greater than 0.25
miles from a known hibernation site, and greater than 150 feet from a known, occupied
maternity roost during pup season. The nearest known NLEB elemental occurrence is
approximately 23 miles northwest of the project area and the nearest red-highlighted HUC is
approximately 72 miles northwest of the project area. A search of the NHP database, updated
October 2021, indicates no known occurrences of NLEB within 1.0 mile of the study area.
Therefore, the proposed project is consistent with the final Section 4(d) rule. The USFWS
encourages tree clearing activities be conducted outside the pup season (June 1 to July 31)
and/or active season (April 1 to October 15) to reduce the chance of impacting unidentified
maternity roosts. Due to the presence of suitable habitat, a biological conclusion of May Affect
– Not Likely to Adversely Affect is rendered for this species.

Monarch Butterfly – The monarch butterfly is listed as a Candidate species and is not currently
afforded protection under Section 7 of the ESA. Habitat for monarch butterfly is present in the
study area within the open fields and roadsides. A review of NHP records, updated October
2021, indicates no known occurrences within 1.0 mile of the study area. Furthermore, a
biological conclusion for the monarch butterfly is Not Required by the USFWS.

Bald and Golden Eagle Protection Act (BGPA):
Bald Eagle – Habitat for the bald eagle primarily consists of mature forest in proximity to large
bodies of open water for foraging. Large dominate 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
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NCDOT MINIMUM CRITERIA DETERMINATION CHECKLIST

B-5845 MCDC Bridge 220025
December 2021

the area within a 1.13-mile radius of the project limits, was performed on May 3, 2021, using
2019 color aerials. Lake Moss, located directly north of the study area, is large enough to
support habitat for bald eagles. No individuals or nests were observed during the field review.
A review of NCNHP database, updated October 2021, revealed no known occurrences of the
bald eagle within 1.0 mile of the project study area. Due to the lack of individuals, nests, or
known occurrences, as well as the minimal impact anticipated for this project, it has been
determined that this project will not affect this species.

The project will involve the construction of a new bridge on new alignment to the south, 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.

Tribal Coordination:
There is one recognized tribe with interests in Cleveland County (Catawba Indian Nation). The
Catawba Indian Nation was notified of the project and any concerns raised by them will be
provided during the 404 permit process.

Archaeological Coordination:
An archaeological review of the project area was undertaken in February 2016 and May 2021. It
was determined that there are no recorded archaeological sites within the project area
including NRHP listed or eligible resources; therefore, no archaeological survey was required.

Historic Architecture and Landscapes Coordination:
An architectural review of the project area was undertaken in September 2016 and May 2021.
It was determined that no National Register listed properties are located within the project
area or along the proposed off-site detour; therefore, no historic architectural and landscapes
survey was required.

PART A: MINIMUM CRITERIA
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.
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NCDOT MINIMUM CRITERIA DETERMINATION CHECKLIST

B-5845 MCDC Bridge 220025
December 2021

PART B: MINIMUM CRITERIA EXCEPTIONS
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?

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.

PART C: COMPLIANCE WITH STATE AND FEDERAL REGULATIONS
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?

13. Does the project require stream relocation or channel changes?

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NCDOT MINIMUM CRITERIA DETERMINATION CHECKLIST

B-5845 MCDC Bridge 220025
December 2021

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.)
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

Reviewed by: Date:
Jeff Wyatt, Division Environmental Officer
NCDOT, Division 12

Approved by: Date:
Steve Rackley, PE, Division Bridge Manager
NCDOT, Division 12

Prepared by: Date:
Stacy Oberhausen, PE, CPM
TGS Engineers

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12/10/2021 | 4:05 PM EST
12/10/2021 | 1:15 PM PST
12/20/2021 | 5:34 AM PST
B-5845 MCDC Green Sheet
December 2021 Bridge 220025

PROJECT COMMITMENTS

STIP No. B-5845
Bridge No. 25 over Buffalo Creek on SR 2033 (Oak Grove Road)
Cleveland County
WBS No. 45798.1

NCDOT Environmental Analysis Unit, Biological Surveys – Threatened and Endangered Species
Coordination with USFWS will continue in order to render a biological conclusion for the dwarf -
flowered heartleaf.

NCDOT Division 12 – Northern long-eared bat
Due to the presence of suitable summer roosting habitat, a biological conclusion of May Affect –
Not Likely to Adversely Affect was rendered for this species.
NCDOT Hydraulic Design Unit – FEMA Coordination
The Hydraulics Unit will coordinate with the NC Floodplain Mapping Program (FMP) to determine
the status of the project with regard to applicability of NCDOT’S Memorandum of Agreement, or
approval of a Conditional Letter of Map Revision (CLOMR) and subsequent final Letter of Map
Revision (LOMR).

Division Construction - FEMA
This project involves construction activities on or adjacent to FEMA-regulated stream(s).
Therefore, the Division shall submit sealed as-built construction plans to the Hydraulics Unit upon
completion of project construction, certifying that the drainage structure(s) and roadway
embankment that are located within the 100-year floodplain were built as shown in the
construction plans, both horizontally and vertically.

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!.
0 0.5 10.25
Miles
Figure 1
Legend
!.Bridge #220025
County Boundary
ESRI World Street Basemap
CLEVELAND GASTON
RUTHERFORD
LINCOLN
CATAWBA
POLK
MCDOWELL BURKE
N.T.S.
¯
NORTH CAROLINA DEPARTMENT
OF TRANSPORTATION
DIVISION OF HIGHWAYS
DIVISION 12
VICINITY MAPWBS No. 45798.1Cleveland Co.Replace Bridge # 220025 on SR 2033 (Oak Grove Road) over Buffalo Creek STIP B-5845
Date: 11-12-2021
STIPB-5845
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Project Tracking No.

2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAM “NO ARCHAEOLOGICAL SURVEY REQUIRED” FORM
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16-01-0066

N O ARCHAEOLOGICAL SURVEY REQUIRED FORM
This form only pertains to ARCHAEOLOGICAL RESOURCES for this
project. It is not valid for Historic Architecture and Landscapes. You must
consult separately with the Historic Architecture and Landscapes Team.

PROJECT INFORMATION
Project No: B-5845 County: Cleveland
WBS No: 45798.1.1 Document: MCC
Federal Aid No: na Funding: State Federal
Federal Permit Required? Yes No Permit Type: USACE
Project Description: The North Carolina Department of Transportation Division 12 intends to
replace Bridge No. 25 on SR 2033, Oak Grove Road, over Buffalo Creek, south of the Kings
Mountain Reservoir. No preliminary designs were included with the request for archaeological
input, but a brief description of the project along with GIS Shapefiles depicting the proposed
project footprint was provided. The proposed project will be undertaken largely along the
existing alignment, but the proposed rights of way (ROW) will expand from 60 feet to 80 feet.
For the purposes of the current screening the provided project footprint will be considered the
archaeological area of potential effects (APE). This APE is estimated to encompass 11.5 acres
(slightly more than 4.65 hectares).

SUMMARY OF CULTURAL RESOURCES REVIEW
Brief description of review activities, results of review, and conclusions:
A review of archaeological site locations and shapefiles maintained by the North Carolina Office
of State Archaeology (OSA) was conducted on May 21, 2021. No previously identified
archaeological resources are recorded within the proposed APE, nor have any been recorded within
a .5-mile radius of the proposed project. No historic properties are recorded with the North
Carolina State Historic Preservation Office (NC SHPO) within the APE nor are any known
cemeteries within this same area.

Three recorded historic properties have been recorded in the immediate vicinity. These include:
the Freemon and Marie Cash House (CL0325; determined NRHP ineligible); the location of the
Roberts-Cash House (CL0324; structure no longer extant); and the T.J. Elison Water Treatment
Facility (CL1501; determined NRHP ineligible). No previously recorded archaeological sites or
cemeteries fall within the remainder of the .5-mile radius surrounding the current APE.

A proposal to replace Bridge No. 25 over Buffalo Creek was originally undertaken in February
2016. At that time, preliminary project area mapping was used to establish an APE 1600 feet long
and 200 feet wide (Petersen 2016). This review of a much smaller project area (estimated at 7.35
acres) was determined to encompass an area dominated by excessively sloped and disturbed
landforms. No archaeological survey was recommended at that time.

Slightly over 1.4 miles to the southeast, a similar archaeological screening was undertaken for
Bridge No. 34 over Muddy Fork Creek (Overton 2017). That bridge project exhibited a very
different local physiography than is found in the vicinity of Bridge No. 25. Brian Overton, the
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NCDOT staff archaeologist for that project determined that no archaeological survey was
necessary for the bridge replacement (replace-in-place with an on-site detour) due to expected low-
probability for archaeological sites associated with adjacent soil types and significant disturbances
from buried utilities.

An examination of the United States Department of Agriculture, Natural Resources Conservation
Service (NRCS) Web Soil Survey (https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm)
reveals the following soil types within the proposed APE: Grover gravelly sandy loam, 15 to 30
percent slopes, rocky (GrD); Hulett gravelly sandy loam, 2 to 8 percent slopes (HhB); Hulett
gravelly sandy loam, 8 to 15 percent slopes, stony (HtC); Madison-Bethlehem complex, 8 to 15
percent slopes very stony, moderately eroded (McC2); and Udorthents, loamy, 0 to 15 percent
slopes (UdC).

(This project falls within a North Carolina County in which the following federally recognized
tribes have expressed an interest: 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.)

Brief Explanation of why the available information provides a reliable basis for reasonably
predicting that there are no unidentified historic properties in the APE:
While the presence of a few late historic cultural resources in the vicinity of the proposed project
indicate that such cultural resources do occur locally, the APE itself appears to be dominated by
environmental conditions unlikely to be associated with archaeological resources eligible for the
National Register of Historic Places (NRHP). Much like the original assessment of the proposed
replacement of this bridge, the APE appears to contain strongly sloped landforms and soils
associated with recent landscape modification. In general, it is unlikely that intact, significant
archaeological resources would be located in such conditions. The one late historic resource
associated with local landscape modification has already been determined ineligible for the NRHP
(per digital records archived at SHPO/OSA accessed May 21, 2021).

No further archaeological investigations are required for the project as currently defined. Should
the project area expand outside the current APE, further consultation will be necessary. The
current undertaking is considered to be compliant with Section 106 of the National Historic
Preservation Act and North Carolina General Statute 121-12(a). In the very unlikely event that
historic or archaeological remains be encountered during the course of the project completion, all
earth-disturbing activities should cease in the associated area immediately and the NCDOT
Archaeology Team should be contacted immediately.

References Cited:

Overton, B. P.
2017 PA 16-11-0006, Bridge No. 220034. In Programmatic Agreement for Minor
Transportation Projects Annual Report for Review Year 2016-2017, Multi-Counties, North
Carolina. North Carolina Department of Transportation, Raleigh. Submitted to North
Carolina Department of Natural and Cultural Resources, State Historic Preservation Office,
Raleigh.

Petersen, S. C.
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2016 PA 16-01-0066, TIP B-5845. In Programmatic Agreement for Minor Transportation
Projects Annual Report for Review Year 2015-2016, Multi-Counties, North Carolina. North
Carolina Department of Transportation, Raleigh. Submitted to North Carolina Department
of Natural and Cultural Resources, State Historic Preservation Office, Raleigh.
SUPPORT DOCUMENTATION
See attached: Map(s) Previous Survey Info Photos Correspondence
Other: NRCS soil mapping
FINDING BY NCDOT ARCHAEOLOGIST: NO ARCHAEOLOGY SURVEY REQUIRED
NCDOT ARCHAEOLOGIST II Date
May 24, 2021
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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 2

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: B-5845 County: Cleveland
WBS No.: 45798.1.1 Document
Type:
CE
Fed. Aid No: Funding: State Federal
Federal
Permit(s):
Yes No Permit
Type(s):
NWP
Project Description:
Replace Bridge No. 25 on SR 2033 (Oak Groove Rd) over Buffalo Creek.

SUMMARY OF HISTORIC ARCHITECTURE AND LANDSCAPES REVIEW
Description of review activities, results, and conclusions :
This project received a No Historic Properties call on September 19, 2016. On April 26, 2021 the
project was resubmitted when the APE expanded. Review of HPOGIS web service was
undertaken on May 4, 2021. Based on this review, there are no existing NR, DE, LL, SL or SS
properties in the expanded project area. There are no structures over 50 years of age in the
expanded Area of Potential Effects (APE). No Survey 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 :
HPOGIS and County Tax Data provide reliable information regarding structures in the APE.
These combined utilities are considered valid for purposes of determining the likelihood of
historic resources being present.

SUPPORT DOCUMENTATION

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

FINDING BY NCDOT ARCHITECTURAL HISTORIAN

Historic Architecture and Landscapes -- NO SURVEY REQUIRED

Shelby Reap May 6, 2021

NCDOT Architectural Historian Date
16-01-0066
updated
Project Tracking No. (Internal Use)
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