20210392 Ver 2_Justus Rd Reverificaiton Info Packet_20221101

Justus Rd Permit Reverification
11 C.095108
Original PCN
PCN Letter
401 Permit
404 Permit
Sec 106 Materials
PJD Map
Page 2
Page 11
Page 16
Page 21
Page 29
Page 49

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 26, 2020 Ver 3.3
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.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edoes. deq. n e.gov/WaterResou rces/0/ed oc/624704/PCN % 20 Help / 20F i le / 202018-1-30. pdf
A. Processing Information
County (or Counties) where the project is located:*
Watauga
Is this a NCDMS Project*
r Yes r No
Click Yes, only if NCDlvS is the applicant a co -applicant.
Is this project a public transportation project?
O Yes f No
This is arry publicly funded by rrunicipal,state a federal funds road, rail, airport transpafabm project.
Is this a NCDOT Project?*
c Yes r No
(NCDOT only) T.I.P. or state project number:
WBS#*
11C.095108
(fa N=use aiy)
la. Type(s) of approval sought from the Corps:*
IJ Section 404 Permit (wetlands, streams and waters, Clean Water Act)
G Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1 b. What type(s) of permit(s) do you wish to seek authorization?*
rJ Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that
are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form.
1c. Has the NWP or GP number been verified by the Corps?*
f Yes r No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
List all NJVnurbers ycu are applying fa not m the drop dawn list.
1d. Type(s) of approval sought from the DWR:*
check all that apply
IJ 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express
r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization
Individual Permit
Pre -Filing Meeting Information

Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing
Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the
certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying
authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to viewthe form.
ID#
20210392
Pre -fling Meeting or Request Date
3/15/2021
Attach documentation of Pre -Filing Meeting Request here:*
DWR Pre -Filing Meeting Request Form.pdf
le. Is this notification solelyfor the record because written approval is not required?
.............................................. .................... ....................
For the record onlyfor DWR401 Certification:
For the record onlyfor Corps Permit:
1f. Is this an after -the -fact permit application?*
C Yes C No
Version
1
56.77KB
.............................................
*
f•Yes F No
•Yes F No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
If so, attach the acceptance letter from ratigadon bank a in -lieu fee program
r Yes F No
Acceptance Letter Attachment
Oickthe upload button a drag and drop files here to attach dccurrent
RLEiYFEMJSTBEFDF
1 h. Is the project located in any of NC's twenty coastal counties?*
r Yes (- No
1j. Is the project located in a designated trout watershed?*
C Yes r No
You must submit a copy of the appropriate Wildlife Resource Commission Office.
Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Progra"Agency-Coordination/Trout.aspx
B. Applicant Information
la. Who is the Primary Contact?*
NCDOT - Kevin Hining Div 11 DEC,
1c. Primary Contact Phone:*
1b. Pri mary Contact Email:*
(xxx)xxx-xxxx
[e-mail]
[phone]
1d. Who is applying for the permit?
W Owner
❑ Applicant (other than owner)
(Check all that apply)
le. Is there an Agent/Consultant for this project?*
r' Yes c No
2. Owner Information
2a. Name(s) on recorded deed:*
NCDOT
2b. Deed book and page no.:
2c. Responsible party:
(fa Corpvations)
2d. Address*
Sheet Address
801 Statesville Road
Address Line 2
Qty
State / Aovince / Pegicn
North Wilkesboro
NC
Fbstal / Zp Code
Country
28659
USA

2e. Telephone Number:*
(xxx)xxx-xxxx
[phone]
2f. Fax Number:
(xxx)xxx-xxxx
2g. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information lJ
1a. Name of project:*
SR1137 / Justus Road Improvement Project
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality / town:
*
Boone
2. Project Identification U
2a. Property Identification Number:
2b. Property size:
(tax RN a parcel ID)
(in acres)
2c. Project Address
Street Address
Address Line 2
aty
State / Aovince / Pe3icn
Postal / Zp Code
Country
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude:* Longitude:*
36.181277-81.778175
ex: 34.208504-77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Clark Creek
3b. Water Resources Classification of nearest receiving water:*
Class C
Surface Water Lookup
3c. What river basin(s) is your project located in?*
Watauga
3d. Please provide the 12-digit HUC in which the project is located.*
060101030303
River Basin Lookup
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Justus Rd. is best described as a narrow, dirt/gravel road, that is very steep in certain portions. The land use is a fairly even mix of forested hardwoods and residential. The road
extends up a mountain side to a large, private development that is on top of the mountain. Justus Road is the only way to access this development. As a result of the shear volume of
houses, and limited access to them, the road receives a surprisingly high level of traffic. Also, due to the steep grade and gravel/dirt substrate, the streams paralleling the road contain
a high volume of gravel and fine particulates. There is also a fair amount of runoff from a couple small impoundments, residential driveways, etc. that frequently runs onto and across
the road, furthering potential impacts from fine sediments.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
r Yes F No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)

181.92KB
Click the upload button a drag and drop files here to attach document
SR 1137 Justus Rd (Watauga Cc) Topo Map.pdf
File type rrust be pdr
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Click the upload button a drag and drop files here to attach document
File type rrust be pdr
4f. List the total estimated acreage of all existing wetlands on the property:
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
4h. Explain the purpose of the proposed project:*
Purpose of project is to widen and pave Justus Road. The project will also involve a partial re -alignment of Justus Rd at the lower end. This realignment will allow the main volume of
traffic to bypass a tight constriction in the road, where the road is pinched between a manmade rock wall and a house. The portion of Justus Road that will be routed around with the
new alignment will be improved as a dead end road, providing access to several residential dwellings. As a result, the project is composed of a L line (newly aligned lower end of Justus
Road coupled with the emsting upper portion), as well as a Y line (the lower end of the current Justus Road, that will be improved up to a point in the road where state maintenance will
end).
This work will improve motorist safety, and reduce overall maintenance needs. The project should also have a positive impact on aquatic resources by reducing the runoff of fine
sediments fromthe gravel/dirt road substrate, and increasing buffers between the road and stream. The work will also allow us to upgrade several old culverts. Finally, there is a fair
amount of water that consistently runs along, on, and across the road (primarily from residential driveways, two large roadside impoundments, and a leaking waterline). Taking this
runoff and piping it into the stream will get it off the road, lessening potential sediment impacts and thermal heating.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will realign the lower portion of Justus Road, leaving a 0.1 mile Y-line section of the existing Justus Road that will dead-end, but provide an access to several houses. A new
portion of Justus Road will cut through a hillside and then rejoin the existing Justus Road. This new alignment section of Justus Road will be 0.3 miles in length. The project will continue
up Justus Road from the intersection with the new alignment to the end of state maintenance, 0.9 miles up the road.
The Y-line work will involve filling a small portion of an existing wetland (fill <0.01 acres), extending a pipe that carries seepage from this same wetland, and improving stormwater
measures to better handle runoff, as well as leakage from an adjacent pond and waterline that are currently running alongside the gravel road.
The newly aligned section of Justus Road will involve placing fill in a small portion of an existing wetland (0.01 acres; the same wetland impacted by the Y-line). No otherjurisdictional
impacts will occur, but clearing and grading of the hillside will be required in order to create this new section of road.
The upper portion of Justus Road, from the new alignment section to the end of road maintenance, will involve the replacement of 7 pipes that carry jurisdictional waters (6 carry
perinneal streams and 1 carries seepage from a wetland), as well as the replacement of 150' pipe system with a 151' pipe system that feeds a private impoundment. This 151' pipe
system upgrade will also help collect stormwater that currently flows over the road. This section of road improvement will also involve the replacement and upgrade of several
stormwater and driveway pipes.
Overall, the work will involve the disturbance and clearing of approximately 9 acres of land. Typical road building equipment such as dump trucks, dozers, and paving equipment will be
used. Percussion equipment, and possibly explosives, will be used to break and excavate rocky hillsides when needed.
4j. Please upload project drawings for the proposed project.
Oickthe upload button a drag and drop files hereto attach document
File type rrust be pdr
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?*
r' Yes
Comments:
r No
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved f Not Verified r Unknown F N/A
Corps AID Number:
Exarrple: SAW-2017-99999
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
f Unknown
5d1. Jurisdictional determination upload
Oickthe upload button a drag and drop files here to attach document
File type rrust be FLF
6. Future Project Plans
6a. Is this a phased project?*
C Yes r• No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This
includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.

No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F Wetlands r Streams -tributaries r' Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
"W." will be used in the table below to represent the word "wetland".
u
2a1 Reason*(?)
2b. Impact type*(?)
2c. Type of W.
2d. W. name*
2e. Forested*
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
W1
Fill for L line road
P
Unknown
no name
No
Both
0.010
widening
(acres)
W2
Fill for Y1 road widening
P
Unknown
no name
No
Both
0.006
(acres)
W2A
pipe extension
P
Seep
�no name
No
Both
0.001
(acres)
W2A
pipe extension
T
Seep
�no name
No
Both
0.001
(acres)
W3
Reconstructing the ditch
P
Unknown
name
No
Both
0.020
it is in
�no
(acres)
W3A
pipe extension
P
Seep
no name
No
Both
0.001
(acres)
W3A
pipe extension
T
Seep
no name
No
Both
0.001
(acres)
2g. Total Temporary Wetland Impact
0.002
2g. Total Permanent Wetland Impact
0.038
2g. Total Wetland Impact
0.040
2h. Comments:
The wetland areas marked as W1 and W2 will result in a total loss. Both areas are part of a larger wetland, totaling 1 /4 acre in six, which will remain
intact. Seepage from W2 flows into a pipe that will be replaced and extended. Total new permanent and temporary impacts fromthis pipe replacement
are <0.001 acres. W3 is currently sitting in a roadside ditch that cars frequently drive into. We will better define this ditch and buffer it from the new
roadway. The wetland will hopefully reestablish itself after the project is completed. Seepage from W3 flows into a pipe that will be replaced and
extended. Total new permanent and temporary impacts from this pipe replacement are <0.001 acres. The pipes at W2A and W3A will not be buried,
since they contain seepage from a wetland and burying the pipes may lead to a headcut. Furthermore, both are fairly steep (3.8 % and 4.0%,
respectively).
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.
"S." will be used in the table below to represent the word "stream".
3a. Reason for impact*(?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type *
3f. Type of
3g. S. width *
3h. Impact
M
Jurisdiction*
length*
S1
pipe e replacement
Permanent
Fill
UT1
Perennial
Both
1
3
Avaage (feet)
(linear feet)
3P
pipe replacement
Temporary
Dewatering
UT1
Perennial
Both
1
20
Average (feet)
(linear feet)
S3
pipe e replacement
Permanent
Fill
UT2
Perennial
Both
4
20
Average (feet)
(linear feet)
S4
pipe replacement
Temporary
Dewatering
UT2
Perennial
Both
4
20
Average (feet)
(linear feet)
S5
pipe replacement
Permanent
Fill
UT3
Perennial
Both
Average (feet)
(linear feet)
S6
pipe replacement
Temporary
Dewatering
UT3
Perennial
Both
1
10
Average (feet)
(linear feet)

g7
pipe system replacement
Permanent
Fill
UT3
Perennial
Both
1
1
Avaage (feet)
(linear feet)
gg
pipe system replacement
Temporary
Dewatering
UT3
Perennial
Both
1
10
Average (feet)
(linear feet)
S9
pipe e replacement
Permanent
Fill
UT2
Perennial
Both
3
14
Average (feet)
(linear feet)
S10
pipe replacement 7
Temporary
Dewatering
ff7777
Perennial
Both
3
20
Average (feet)
(linear feet)
S11
pipe replacement 7
Temporary
Dewatering
UT2
Perennial
Both
2
20
Average (feet)
(linear feet)
�72�pipe
replacement
Temporary
Dewatering
UT4
Perennial
Both
1
20
Average (feet)
(linear feet)
** All Perennial or Intermittent streams must be verified by DWR or delegated local government.
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
37
3i. Total temporary stream impacts:
120
3i. Total stream and ditch impacts:
157
3j. Comments:
None of these pipes will be buried, as all are > 4.0 % slope, with several > 7.5 % slope. In addition, the majority are laid over bedrock. Due to the
amount of rock in the stream, we will be able to place the outlet of all pipes onto existing rock, to help ensure scouring of the streambed doesn't occur.
We will dewater for all wet pipe replacements. An impervious sandbag dike will be constructed upstream of the existing pipes to create a small pool.
Clean water will temporarily be pumped around the construction areas and will be discharged downstream. Any dirty water located inside of the
construction areas will be pumped into a silt bag if necessary. Once the new pipes are in place, the impervious dikes will be removed and
preconstruction streambed elevations will be restored. When possible, we will dewater 10' at the inlet and outlet of each pipe. However, we will only be
able to dewater on the inlet side of two of the pipes (S6 and S8 on the impact summary table), as the pipe outlet discharges directly into a receiving
stream. In these areas, we will pump the clean water directly into the receiving stream.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:*
Proposed pipe replacements and extensions have been reduced to the shortest possible design to adequately construct the roadway. While these
pipe extensions will increase the length of the stream piped, it will also increase the buffer between the roadway and the stream. In addition, the
roadbed will be shifted away from the stream, which will also improve the buffer width between the roadway and the stream. The increased length of
stream being piped could, in some cases, impede aquatic passage. However, all of these streams are very steep, so hopefully the increase in pipe
lengths will not significantly handicap aquatic passage. Also, the most recent NCWRC fish surveys (2012) suggested that the majority of the waters
impacted by the project are fishless.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:*
All appropriate BMP's will be used during construction. Work will occur in a linear fashion, and completed portions of the project will be stabilized as
quickly as possible as the job progresses.
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?
C Yes F No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Our hopes are that mitigation is not needed for this project. The wetland impacts are very small (< 1/10 an acre), and all permanent impacts are being limited to the amount necessary
to construct the roadway. Currently, the stream is full of gravel from the roadway and there are little to no buffers between adjacent wetlands and streams. The new permanent impacts
are needed to improve the stream quality by adding additional buffers between the roadway and adjacent jurisdictional resources. Furthermore, paving the roadway will eliminate the
constant source of gravel and gravel dust that runs into the creek after each moderate to heavy rain.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u
*** Recent changes to the stormwater rules have required updates to this section .***
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes F No

For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
Not a protected area with regard to the NC Riparian Buffer Protection Rules
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes s' No
Comments:
NPDES forms will be completed weekly, or within 24hrs of any 1" rain event. Agency Roadside Environmental Staff and the Division Environmental Officer will visit the project at least
once a month to look for any environmental issues and to ensure all erosion control methods are being properly installed, monitored, and maintained.
G. Supplementary Information U
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
r Yes r No
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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
r Yes C No
1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House? (If so, attach a copyof the NEPAor SEPAfinal approval letter.)*
(-- Yes r No
NEPAor SEPAFinal Approval Letter
Oickthe upload button a drag and drop files here to attach docurrent
SR1137_Justus Road MCDC.pdf 189.96KB
FILEiYFE MUST BE FDF
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
c- Yes r- No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?*
r Yes (-- No
3b. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWR Requirement)
4a.Issewage disposal required byDWRforthis project?*
r Yes F' No f N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes C No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
C Yes No
5d. Is another Federal agency involved?*
r Yes C No r Unknown
What Federal Agency is involved?
USACE
5e. Is this a DOT project located within Division's 1-8?*
r Yes F No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?*
r Yes f No
5g. Does this project involve bridge maintenance or removal?*
0 Yes 0 No

Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-1,0-17-signed_NLEB-SLOPESRapps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?'*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?*
r Yes r No
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property.
Oickthe upload button a drag and drop files here to attach docurrent
File must be FLF
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?*
NC Natural Heritage Program Data Explorer
Consultation Documentation Upload
Oickthe upload button a drag and drop files here to attach docurrent
project_ repo rt__justus_rd_maintenance_proje_29665_29665.pdf 3.1 MB
File type crust be FLF
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
r Yes r- No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.neder.gov/hpoweb/
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 status (e.g., National Historic
Trust designation or properties significant in North Carolina historyand archaeology)?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NCDOT Human Environment Staff, Historic Preservation Database, Tribal Correspondence. Note - An Effects Required ForrrJConsultation will be
necessary since the lower portion of the project is within the Clarks Creek Historic Rural District
7c. Historic or Prehistoric Information Upload
Click the upload button a drag and drop files here to attach docurrent
SR 1137 (Watauga) No Survey form 2020.pdf
2MB
15-10-0030Resu bNeed Effects. pdf
379.49KB
NCDOT Catawba notification - Justus Rd, Watauga Co.pdf
22.79KB
NCDOT Cherokee Nation notification - Justus Rd, Watauga Co..pdf
53.77KB
NCDOT EBCI notification - Justus Rd, Watauga Co..pdf
53.73KB
NCDOT Muscogee notification - Justus Rd, Watauga Co..pdf
53.65KB
NCDOT UKBCI notification - Justus Rd, Watauga Co..pdf
53.79KB
Clarks Creek Rural Historical District and location of historical buildings associated with new road alignment.pdf
93.56KB
File must be FLF
8. Flood Zone Designation (Corps Requirement)
Link to the FEMAFIoodplain Maps: https://rrse.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year flood plain?
r Yes F No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System
Miscellaneous
Comments
Rather than provide station numbers for all of the impacts, I have instead provided notes on the erosion control plans that show the location of the impact and define what the impact is.
I hope this will be more interactive/easier to navigate. Also, since this project requires an effects consultation for historic architecture, the erosion control plans have also been modified
to show all of the historic parcels in relation to the proposed impacts. The erosion control plans do not showthe boundaries of the Clark's Creek Rural Historic District, however, I have
attached a separate map that shows those boundaries in relation to the project. Please let me know if you need any additional information, or if you prefer the information in a different
form.
Miscellaneous attachments not previously requested.

Oickthe upload button a drag and drop files here to attach docunent
Justus Rd PCN letter.pdf 205.92KB
Justus Rd Erosion Control Plans with JS impacts and Sec 106 info.pdf 5.25MB
File must be FLF a IMIZ
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN 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 PCN form.
Full Name:*
Kevin Hining
Signature *
Date
4/6/2021

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
April 6th, 2021
Ms. Lori Beckwith
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
J. ERIC BOYETTE
SECRETARY
Subject: Nationwide 14 Permit Application — Justus Road (SR 1137) Improvement Project,
Watauga County, North Carolina. WBS Element 11C.095108 - State Funded
Dear Ms. Beckwith:
The North Carolina Department of Transportation (NCDOT) is proposing to improve (widen and
pave) Justus Road (SR 1137). The project will be State Funded, 1.3 miles in length, and will
include a section of new alignment, allowing the project to bypass a section of the road that is
physically constricted between a manmade rock wall and a residential dwelling. When finished
the lower portion of the current Justus Road will be cut off / become a dead-end road, while a
section of new alignment will connect to the upper portion of Justus Road and continue to the
existing end of State Maintenance. As a result, the project will involve a Y-line (the cut-off, lower
section of Justus Road at the beginning of the project) and L-line (the newly aligned section of
Justus Road and upper portions of Justus Road).
Impacts to Waters of the United States
Wetland Impacts — Minor impacts to wetlands are proposed (< 0.1 acres total, see table below),
and are primarily the result of fill needed to widen the roadway (W1 and W2). A third wetland
impact (W3) represents a wetland in a ditch immediately adjacent to the roadway. Cars often
drive into the wetland, and the wetland contains a fair amount of gravel and gravel dust from the
roadway. We plan to reconstruct the ditch a few feet further from the roadway, buffering it from
the roadway, and with the hopes the wetland will re-establish. Paving the road will help eliminate
roadway material washing into the wetland. Impacts represented by W2A and W3A are all related
to the replacement and extension of pipes that carry wetland seepage to an adjacent stream. We
will dewater when replacing these two pipes.
Mailing Address: Telephone: [phone]
NC DEPARTMENT OF TRANSPORTATION [e-mail]
DIVISION 11 Customer Service: 1-877-368-4968
801 STATESVILLE RD
NORTH WILKESBORO, NC 28659 Website: ncdot.gov

Wetland
Impact
Purpose
Impact Type
W1
0.01 acres of fill
Fill for L-line road widening
Permanent
W2
0.006 acres of fill
Fill for Y-line road widening
Permanent
Replace 40' x 24" CMP with 45' x
Carry seepage from wetland to
W2A
Permanent
24" CSP = 0.001 acres of impact
UT1
dewatering for pipe replacement
Carry seepage from wetland to
W2A
Temporary
p Y
= 0.001 acres of impact
UT1
0.02 acres of fill - hopefully
Reconstruct a ditch holding the
W3
Permanent
wetland will re-establish
wetland, buffer wetland from
Replace 29' x 18" CMP with 42' x
Carry seepage from wetland to
W3A
Permanent
24" CSP = 0.001 acres of impact
UT1
dewatering for pipe replacement
Carry seepage from wetland to
W3A
Temporary
= 0.001 acres of impact
UT1
Total permanent impact = 0.038 acres
Total temporary impact
= 0.002 acres
Stream Impacts - Four UT's of Clark's Creek will be impacted by this project. The table below
provides specifics about the proposed permanent and temporary impacts to these resources.
Impacts are listed as encountered moving up the project.
Existing
Proposed
Impacts
Waterhody
Condition
Condition
Purpose
Permanent Temporary
upgrade pipe, widen
UT1
32'x 18" CMP
35'x 18" CSP
roadway, improve buffers
3' 20' (dewatering)
upgrade pipe, widen
UT2
45' x 73" CMAP
65' x 72" CAAP
roadway, improve buffers
20' 20' {dewatering)
UT3
61'x 24" CMP
60'x 24" CSP
upgrade pipe, widen
reduce by
10' (dewatering)
roadway, improve buffers
1'
40' x 24" and
55' x 24", 115' x
upgrade pi pe system,
UT3
150'x 18" CMP
24", and 21' x 24"
widen roadway, capture
1' 10' (dewatering)
system
CSP system
of roadway runoff
UT2
36'x 30" CMP
50'x 36" CSP
upgrade pipe, widen
14' 20' (dewatering)
roadway, improve buffers
upgrade pipe, widen
UT2
60'x 24" HDPE
60'x 24" CSP
roadway, improve buffers
0' 20' (dewatering)
UT4
40' x 24" HDPE
40'x 24" CSP
upgrade pipe, widen
0' 20' (dewatering)
roadway, improve buffers
Total 37' 120'

All work will be conducted in the dry, using appropriate dewatering devices, and all erosion
control measures will be maintained throughout the project. While lengthening pipes and filling
wetlands typically require mitigation, this work will improve roadway safety, lower future
maintenance needs, and should improve stream habitat. As a result, NCDOT wishes to defer to
the USACE as to whether mitigation is required for the proposed work, and will immediately
acquire the necessary mitigation if it is deemed appropriate.
four listed on IPaC
There are a Federally listed endangered and threatened species within lxatala-g
Geunt3L. The following is a review of potential impacts to those species from this project.
i ation S ecies - Blue Ride Goldenrod Carolina Northern Flying S uirr er's
Blazing Star, o tain Bluet SDreading Avens and Spruce -fir i er: The project
area ranges from 2900 to 3 bove MSL, which is ow the elevation range where
these species exist. Therefore, no habitat i o be present within the project area.
Furthermore, a review of the Ng-bU ecords, update 021, indicates no known
�annd
urrences of these s within 1.0 mile of the project study are o the lack of habitat
occ es, a biological conclusion of NO EFFECT is believed to 77 be apprhcies.
Bog Turtle: The southern population of the bog turtle is listed as "Threatened due to Similarity of
Appearance" to the northern population. While wetland habitats are present, they are very small,
and no individuals or evidence of individuals were observed during site visits. A review of the
NCNHP records, updated April 2021, indicates no known occurrences of this species within 1.0
mile of the project study area. While a biological conclusion is not required, the lack of habitat
and occurrences suggest that the project will have NO EFFECT on this species.
Gray Bat, Northern Long-eared Bat (NLEB), and Virginia Big -eared Bat: The structures to be
replaced are all relatively short (longest is 150', most are < 50'), small pipes (< 6' diameter), and
not a preferred habitat for bats. While there are no caves in the project area, there is an abandoned
mine (Quartzite Quarry) to the southeast, that is < 0.5 miles from the southern/upper end of the
project. However, the mine is reported to have been a surface mine, so is not believed to provide
habitat for bats. A review of the NCNHP records, updated April 2021, indicates no known
occurrences of Gray Bat or Virginia Big -eared Bat within a mile of the project. Due to the lack of
habitat and occurrences, a biological conclusion of NO EFFECT is believed to be appropriate for
Gray Bat and Virginia Big -eared Bat.
There is a NLEB occurrence approximately 1.0 mile northwest of the project study area.
Additional information related to potential effects on NLEB include:
- there will be approximately 9 acres of tree cutting at the project due to cut and fill work
- there are no plans to use artificial lighting or work at night
- percussion activities are likely, blasting is possible
- the project area is not situated in a "Red HUC" where NLEB hibernacula or maternity roost
trees are an identified concern. The closest "Red HUC" is approximately 2.5 miles to the west.
ble bee: This species is listed as His at all recorded
occurrences are either exti in recent surveys, or have not been
en y enough to be confident they are still present. urveys
Section 106Information
Archaeology - This project was reviewed by Archaeology staff with NCDOT's Human
Environment Unit in 2020 and it was determined that "No Survey" was required. All five of the
appropriate tribes were contacted on February 27t1i, 2021, and asked to provide comments by

March 30t1i, 2021. As of April 6'1i, 2021, NCDOT had not received a response from any of the
tribes.
Historic Architecture - This project was reviewed by Historic Architecture staff with NCDOT's
Human Environment Unit in 2020, and an "Effects Consultation" was requested to determine if
and how the project will affect the Clark's Creek Rural Historic District, a National Register -
eligible resource (DOE: 2015; WT0759). The historic district is located at the beginning of the
project - all of the proposed Y-line and approximately first 200' of the new alignment is located
within it. The Effect Required form is attached to the PCN, and the parcels containing historical
properties within the project have been marked on the EC plans (also attached to the PCN). Once
the USACE determines the action area, an effects consultation with the State Historic
Preservation Office and USACE can be scheduled. Please let me know if I can provide any
additional information for this.
Permits Requested
NCDOT hereby requests authorization under Section 404 of the Clean Water Act to proceed with
the construction project outlined above. The project area is within a designated trout watershed,
and a review of the project by Mrs. Marla Chambers, Western NCDOT Coordinator with the NC
Wildlife Resources Commission is requested. NCDOT also requests authorization for the project
under Section 401 of the Clean Water Act from the North Carolina Department of Environmental
Quality, Division of Water Resources (DWR). Please contact me at [phone] if you have
any questions or need additional information to evaluate this request.
Sincerely,
/1 ?.li�GlTi �G�GGtZ�
Kevin Hining (/
Division 11 Environmental Officer
828-386-7202
kjhiningkncdot.gov
Enclosures
cc: Amy Chapman, Division of Water Resources
Dave Wanucha, Division of Water Resources
Ivan Dishman, NCDOT District Engineer — Boone Office
Jarrett Blanton, Roadside Environmental Field Operations Technician

401 Permit - 20210392
404 Permit - SAW 2021 00743

DocuSign Envelope ID: 774F39CC-BCE2-443D-A92A-EDB702539DA2
ROY COOPER
Governor
DIONNE DELLFGATTI
Secretory
S. DANIEL SMITH
oirector
NORTH CAROLINA
Environmental Quality
May 12, 2021
Watauga County
NCDWR Project No. 20210392
Justus Road (SR 1137)
Road, Pipe Improvements
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Kevin Hining
NCDOT Division 11, DEO
801 Statesville Road
North Wilkesboro, NC 28659
Dear Mr. Hining:
You have our approval, in accordance with the conditions listed below, for the following impacts to replace pipes in
UTs to Clark Creek on Justus Road in Watauga County.
Stream Impacts in the Watauga River Basin
Site
Permanent Fill in
Perennial Stream
(linear ft)
Temporary Fill in in
Perennial Stream
(linear ft)
Total Stream
Impact
(linear ft)
Stream Impacts
Requiring Mitigation
(linear ft)
Culvert/Pipe
Dewatering
1
3
20
23
-
2
20
20
40
-
3
(-1)
10
10
-
4
1
10
11
-
5
14
20
34
-
6
-
20
20
-
7
-
20
20
-
Totals
37
120
157
-
Total Stream Impacts: 157 linear feet
North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROUNA
o.,rb_t/"� 919.707.9000

DocuSign Envelope ID: 774F39CC-BCE2-443D-A92A-EDB702539DA2
Wetland Impacts in the Watauga River Basin (Riverine).
Fill
Excavation
Site
(ac)
(ac)
W 1
0.01
-
W2
0.006
-
W2a
0.001
-
W3
0.02
-
W3a
0.001
-
Totals
0.038
-
Dewatering
(ac)
0.001
0.001
0.002
Mechanized
Clearing
(ac)
Total wetland impact for project: 0.040 acres
Wetland Impacts
Requiring Mitigation
(acres)
The project shall be constructed in accordance with your application dated received April 6, 2021. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4135. This certification corresponds to the Corps Nationwide Permit 14. In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non -Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to perennial streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. Placement of pipes/culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or
upstream and downstream of the above structures. If this condition is unable to be met due to bedrock or other
limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to
determine whether a permit modification will be required. [I 5A NCAC 02H.0506(b)(2)]
2. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas
within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502]
General Conditions
1. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 0213.0200]
2. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
3. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)]
D North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center G Raleigh, North Carolina 27699-1617
NORTH CAROL3NA
oewm.ert ar imm�r,i o�.wy 919.707.9000

DocuSign Envelope ID: 774F39CC-BCE2-443D-A92A-EDB702539DA2
4. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15A
NCAC 02H.0506(b)(2)]
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC
02H.0506(b)(3) and (c)(3)]
7. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)]
8. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
[15A NCAC 02H.0506(b)(3)]
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited. [15A NCAC 02H.0506(b)(3)]
11. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A
NCAC 02B.0200]
12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized
by this certification. [15A NCAC 02H.0506(b)(2)]
13. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and
the on -site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
14. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
15. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT project engineer
(or appointee) shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when
all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)]
16. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in
wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities. [15A NCAC 02H.0506(b)(3) and (c)(3)]
17. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
DNorth Carolina Department of Environmental Quality I Division of Water Resources
. E Q7> 512 North Salisbury Street 11617 Mail Service Center G Raleigh, North Carolina 27699-1617
NORTH CA...
oemd_& �1­--4 919.707.9000

DocuSign Envelope ID: 774F39CC-BCE2-443D-A92A-EDB702539DA2
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
18. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Dave Wanucha at [phone] or [e-mail].
Sincerely,
DOCUSigned by:
9C9886312DCD474..
a. t)anlet amnn, Director
Division of Water Resources
Electronic copy only distribution:
Loretta Beckwith, US Army Corps of Engineers, Asheville Field Office
Janet Mizzi, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
DNorth Carolina Department of Environmental Quality I Division of Water Resources
. E Q7> 512 North Salisbury Street 11617 Mail Service Center G Raleigh, North Carolina 27699-1617
NORTH CA...
oemd_& en1­--4 919.707.9000

DocuSign Envelope ID: 774F39CC-BCE2-443D-A92A-EDB702539DA2
ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
S. DANIEL SMITH
Director
NCDWR Project No.:
NORTH CARCLINA
Environmental Quality
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
D �� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center G Raleigh, North Carolina 27699-1617
rvoarwcnaouNn
—rt—naeE�n���mio�.� /"� 919,707.9000

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2021-00743 County: Watauga
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: North Carolina Department of Transportation
Attn: Mr. Kevin Hining
Address: 801 Statesville Road
North Wilkesboro, North Carolina 28659
Telephone No.: 336-903-9129
Size and location of property (water body, road name/number, town, etc.): The project is located along a
1.3 mile -long section of SR 1137 (Justus Road) in Watauga County, North Carolina.
Description of project area and activity: In order to improve this 1.3 mile section of SR 1137 (Justus
Road), the permittee will widen, pave, and relocate the lower portion of this road to a new
alignment.
Authorized impacts to waters of the U.S.: The permittee is authorized to impact waters of the U.S. as
follows along the 1.3 mile section of road/new alignment for pipe replacements, pipe extensions, and
road fill:
• Permanent impacts (loss/fill) to a total of 0.038 acre of wetlands
• Temporary impacts (dewatering) to a total of 0.002 acre of wetlands
• Permanent impacts (loss/fill) to a total of 37 linear feet (If) of streams
• Temporary impacts (dewater) to a total of 1201f of streams
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions, your submitted application, and the following special conditions:
Special Conditions
1. All work must be performed in strict compliance with (a) the description of work in the PCN and
(b) the impacts detailed on the Grading, Drainage, Base and Paving Plans that were submitted
with the application dated April 6, 2021. Any modification to the description of work and/or the
permit plans must be approved by the USACE prior to implementation.
2. Section 106 NHPA compliance: As agreed to with the owner of parcel ID: 1879968391000, the
permittee shall install planted buffers to replace vegetation that will be removed during
construction.
3. The permittee shall adhere to the requirements of Design Standards in Sensitive Watersheds for
this project.

CESAW-RG-A
SAW-2021-00743 -2-
4. The permittee shall ensure that no work is conducted in waters of the U.S. during the period of
October 15' to April 15t` of any year (Brown Trout moratorium).
Section 7 ESA compliance: If the permittee later determines that the use of artificial lighting for
night work will be necessary to construct the project, the permittee shall contact the USACE
immediately and will not proceed with the use of artificial lighting for night work until the
USACE has reinitiated and completed consultation with the USFWS.
Section 7 ESA compliance: If the permittee later determines that they will install artificial
lighting in the action area for any reason (e.g., permanent bridge lights, flashing lights, etc.), the
permittee shall contact the USACE immediately and will not proceed with the use of artificial
lighting for night work until the USACE has reinitiated and completed consultation with the
USFWS.
The permittee shall require its contractors and/or agents to comply with the terms and conditions
of this authorization letter in the construction and maintenance of this project and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this authorization letter, all conditions, and any authorized modifications.
A copy of this authorization letter, all conditions, and any authorized modifications, shall be
available at the project site during construction and maintenance of this project.
Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal
action.
This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration
date identified below, the nationwide and/or regional general permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it
complies with all requirements of the modified nationwide and/or regional general permit. If the
nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified,
such that the activity would no longer comply with the terms and conditions of the nationwide and/or
regional general permit, activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide and/or regional general permit, will remain
authorized provided the activity is completed within twelve months of the date of the nationwide and/or
regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone
828-296-4500) to determine Section 401 requirements.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.

CESAW-RG-A
SAW-2021-00743 -3-
If there are any questions regarding this verification, any of the conditions of the Permit, or the U.S.
Army Corps of Engineers regulatory program, please contact Lori Beckwith at 828-271-7980.
USACE Regulatory Official: Scott Jones
Date: September 7, 2021 Expiration Date of Verification: March 18, 2022

CESAW-RG-A
SAW-2021-00743 -4-
Determination of Jurisdiction:
A. ® There are waters, including wetlands, on the above described project area that may be subject to
Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and
Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).
However, you may request an approved JD, which is an appealable action, by contacting the USACE
district for further instruction. Please note, if work is authorized by either a general or nationwide
permit, and you wish to request an appeal of an approved JD, the appeal must be received by the
USACE and the appeal process concluded prior to the commencement of any work in waters of the
United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to
the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
C. ❑ There are waters, including wetlands, within the above described project area that are subject to
the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless
there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a
previous action. Please reference jurisdictional determination issued Action ID: SAW -
Basis for Determination:
N/A for a PJD. See attached PJD form.
Remarks:
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic
resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water
Act for the particular site identified in this request. This delineation and/or jurisdictional determination
may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended.
If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you
should discuss the applicability of a certified wetland determination with the local USDA service center,
prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations
as indicated in B and C above).
If you object to this determination, you may request an administrative appeal under USACE regulations at
33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request
for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803

CESAW-RG-A
SAW-2021-00743 -5-
PHILIP.A. SHANNIN(cr�,USACE.ARMY.MIL
In order for an RFA to be accepted by the USACE, the USACE must determine that it is complete, that it
meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office
within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at
the above address by N/A for PJDs.
It is not necessary to submit an RFA form to the Division Office if you do not object to the
determination in this correspondence.
USACE Regulatory Official: Scott Jones
Issue Date of JD: September 7, 2021 Expiration Date of JD: N/A for PJDs

Action ID Number: SAW-2021-00743
County: Watauga
Permittee: NCDOT, Mr. Kevin Hinin2,
Project Name: NCDOT / SR 1137 / Justus Road / Div 11
Nationwide Permit: 14
Date Verification Issued: September 7, 2021
Project Manager: Lori Beckwith
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Lori Beckwith
151 Patton Avenue
Room 208
Asheville, NC 28801-5006
Please note that your permitted activity is subject to a compliance inspection by a U. S.
Army Corps of Engineers representative. Failure to comply with any terms or conditions
of this authorization may result in the U.S. Army Corps of Engineers suspending,
modifying or revoking the authorization and/or issuing a Class I administrative penalty, or
initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and condition of the said permit, and required
mitigation was completed in accordance with the permit conditions.
Signature of Permittee
Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Mr. Kevin Hining
File Number: SAW-SAW-2021-00743
I Date: September 7, 2021
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.miUMissions/CivilWorks/RegulatoiyProgramandPenuits.aspx
or U.S. Army Corps of Engineers(USACE) regulationsig 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the USACE's Administrative Appeal Process by completing Section II of this form and
sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this
notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the USACE's Administrative Appeal Process by completing
Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60
days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
• ACCEPT: You do not need to notify the USACE to accept an approved JD. Failure to notify the USACE within 60 days of the date
of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the USACE's Administrative Appeal
Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the
division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the USACE regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by
contacting the USACE district for further instruction. Also you may provide new information for further consideration by the USACE to
reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the USACE memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify
the administrative record. Neither the appellant nor the USACE may add new information or analyses to the record. However, you may
provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division, Attn.:
Mr. Phillip Shannin, Administrative Appeal Review Officer
Lori Beckwith
CESAD-PDO
151 Patton Avenue, Room 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801-5006
60 Forsyth Street, Room 10M15
828-271-7980, ext. 4232
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to USACE personnel, and any government consultants, to
conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site
investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: Lori Beckwith, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

Sec 106 Materials
Architecture

Project Tracking No. (Internal Use
15-10-0030
,r Resubmission
+ HISTORIC ARCHITECTURE AND LANDSCAPES
R' T, ASSESSMENT OF EFFECTS 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:
Watauga
WBS No.:
11C.095108
Document
Type:
Fed. Aid No:
Funding:
X State ❑ Federal
Federal
X Yes ❑ No
Permit
USACE
Permits :
Typ e s :
Project Description:
Grade, drain, base and pave SR 1137 (Justus Road) from just NW of intersection with
SR 1136 (Clark's Creek Road) south 1.24 miles
to end of maintenance (no off -site
detour specified in review request).
SUMMARY OF HISTORIC ARCHITECTURE AND LANDSCAPES REVIEW
Project resubmitted for review in June 2020 due to realignment of design. HPOWeb reviewed
on 27 October 2015 and 7 July 2020 and yielded one DE, eleven SS, and no NR, SL, or LD
properties in the Area of Potential Effects (APE). The APE extends 150 feet to either side of the
SR 1137 (Justus Road) centerline and 100 feet from each end of the 1.24-mile project length,
as well as 100 feet to either side of the proposed new alignment, to encompass proposed
construction activities and possible project impact. Watauga County current GIS mapping,
aerial photography, and tax information indicated a largely wooded APE with mostly post-1970
residential and agricultural resources (viewed 27 October 2015 and 7 July 2020). Several pre-
1970 resources are unexceptional (some also altered) examples of their types. Of the eleven
previously recorded resources, six are included in the National Register -eligible Clark's Creek
Rural Historic District (WT0759) in the northern third of the project area. Of the remaining five,
four date to the 1960s-80s and are unexceptional. The Samuel C. Byrd Farm (WT0350),
located south of the historic district on the west side of SR 1137 (Justus Road), is not NR-
eligible based on an evaluation completed in 2016 for this project, and HPO concurred with the
finding (report on file Environmental Analysis Unit, NCDOT and HPO; see attached
correspondence). The Byrd Cemetery (WT0766), while not individually NR-eligible, is
considered a contributing resource to the historic district. Constructed in 1958 and 1959,
Bridge Numbers 177, 244, and 290 are not eligible for the National Register according to the
NCDOT Historic Bridge Inventory as they are neither aesthetically nor technologically significant.
NCDOT also carried out historic architectural study of the Justus Road area for 17BP.11.R.29
(PA Tracking No. 14-02-0006) in 2015, which established the eligibility of the historic district.
The comprehensive county architectural survey (2002-3) and later studies include no properties
in the APE apart from those noted above (J. Daniel Pezzoni, ed., The Architectural History of Watauga County, North
Carolina (Durham, NO BW&A Books, 2009). County GIS/tax materials and other visuals (viewed 7 July
2020) clearly illustrate the relative placement of the NR-eligible historic district and the
proposed work as currently defined, which indicated the need for an effects consultation to
satisfy Section 106 and GS 121-12 a compliance.
Historic Architecture and Landscapes liFFECTS ASSF,SSMENT forur for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement.
Page 1 of 9

DocuSign Envelope ID: EOEDF2CA-3A17-41DC-ADA9-7C6FCCAB04C8
ASSESSMENT OF EFFECTS
Property Name:
Clark's Creek Rural
Status:
DE
Historic District
Survey Site No.:
WT0759
PIN:
Multiple
Effects
❑ No Effect X No Adverse Effect ❑ Adverse Effect
Explanation of Effects Determination: Two parts of the project are contained within the lower,
southwest end of the historic district (towards the northernmost end of the project area): 1)
improvements to existing Justus Road extending northward from just west of the intersection
with Poor Man's Hollar to where the new northeast -southwest alignment begins; 2) easternmost
section of the new alignment. The proposed construction activities will not impactor
compromise two contributing resources — the (former) Clark's Creek Baptist Church (WT0349)
and the Wilson House (WT0768) — or the various landscape elements — such as woodlands,
remnants of field patterns, meadows, and orchards — and viewsheds that also constitute the
historic character of the district. No driveways or other property access points will be altered or
eliminated, and Bridge No. 290 will remain intact. State maintenance will end on Justus Road
from west of the improvements to its junction with the southwest end of the new alignment.
Where some vegetation must be removed on the west side of Justus Road at its intersection
with the northeast end of the new alignment, planted buffers will be introduced per agreement
with the property owner (see below).
List of Environmental Commitments: NCDOT-Division 11 has agreed with the owner of parcel
ID: 1879968391000 to install planted buffers to replace vegetation removed during
construction.
SUPPORT DOCUMENTATION
X Map(s) Previous Survey Info. Photos X Correspondence X Design Plans
XicAlchiDING BY NCDOT AND STATE HISTORIC PRESERVATION OFFICE
Histotecture and Landscapes —ASSESSMENT OF EFFECTS
NCDOT Architectural Historian
DocuSigned by:
8/23/2021
State Historic Preservation Office Representative Date
[DocuSigned by:
( M W& 8/24/2021
SBD78C73AB6346A...
Federal Agency Representative
Date
Justus Road (SR 1137), Watauga County
WBS No. 11C.095108
PA Tracking No. 15-10-0030, Resubmission
Historic Architecture and Landscapes EFFECTS ASSESSMENT form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement.
Page 2 of 9

Location Maps
SR 1137 (Justus Road) Improvements Watauga County
WBS No. 11C.095108
1pee1i6(Cla+k's`
�,. �'f ``✓� !�/ SR l l3 IJu+v Rd. i' t 11 l k Rd.) `
USES Valle Oweis, N.C.
1:24,000-wale topopmphie map
NCDOT — Historic Architecture
July2020
Tracking No. 15-10-0030 Resubmission
Historic Archilecture and Landscapes EFFECTS ASSESSMENT form jot Minot Transportation Projects as Qualified in the 2007 Programmatic Agreement.
Page 3 of 9

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Historic Architecture and Landscapes EFFEC7S ASSESSMENT form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement.
Page 4 of 9

MOM MVVx I llvnl
ZN'
KVn
I,r.rAWCC '1ylIY "A Ik.Ac , i'Gt; RSnCeo7Nery�
vy :IP3Jy kk+ul; isarn:�.r:l
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)Icaxn
1Vf0TG� Jdnb'�iJljj �� �/
«.�'tI07?I-. Gt14tM�. i;/ � HrAesa mlF�th1
,..'.,. 1771f.WrtW r lxach dlrn ail SAO,V OIUd 1%11s 41 tkm
yu �..�
_l
nTU ELrn
,WIiA4? (fipd-I2.Scfllcaea
Clark's Creek Rural Historic District (WT0759)
(showing properties on Justus Road and bridge locations)
SR 1137 (Justus Road) Improvements Watauga County
WBS No. 11C.095108 Base map: HPOWeb, nts
NCDOT — Historic Architecture
July 2020
Tra ck i ng No. 15-10-0030 Resubmission
Historic Architecture and Landscapes EFFECTS ASSESSMENT form for Minor Transportation Projects as Qualified in the 2007 Progrannnatic Agreement.
Page 5 of 9

Historic Architecture andLandscapes EFFECTSASSESSMENTformfor Minor Transportation Projects as Quafified in the 2007 Programmatic Agreement.
Page 6 of 9

Justus Road Improvements— Sheet 15 (June 2021)
Clark's Creek Rural Historic District Boundary in broad red.
Historic Architecture and Landscapes EFFECTS ASSESSMh'NTfortn for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement.
Page 7 of 9

(former) Clark's Creek
Baptist Church (VVT0349)
Justus Road Improvements— Sheet 16 (June 2021)
Clark's Creek Rural Historic District boundary in broad red.
Historic Archilecture and Landscapes EFFECTS ASSESSMF,NTform for• Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement.
Page 8 of 9

North Carolin7 Department of Natural and Cultural Resources
State Hisftrir Freserwr hm Office
H:wwwo M. F3rrGia,.�heeaulm:rly
{kRtr rtr f§7C !aJ CarcV 00kt d AwIdvt 7 AW }Fanny
Sxlekaw Siva* Kkuia DtIouty SLrtuar Ktvia i%uvF
line 30, 2016
NENIORANDUM
TO- Megan. Pxi-%vd
FROM -
Human Emiraement Umt
NC Dgmrtment of TrampF_ ortation
r,
Renee G9e-Eaaleu 13
Emiraninental Re%iety Caar&wtor
SUBJECT: Historic Shut ues Sun-ey Report, Samuel Ci Bvxd Farm.. lnapio,-eusents to SR 1137 I;Jutu:
Road), PA15-10-0030, WatmmiqCount),, ER 16-1012
Thank you foryaw June 7, 2016, letkx transmitting the Hi. -brie Strtutmir, cSw-vey R.epoat ter the abot•e-
red.undeiiaking. We haw re eavd, the report and conew drat the Saimiel C, Byrd Farm
(%WD350) is not eligible for listing is the National Register of Histori€ Place- mu ec any ciiteiia due to
substantial changes to the house.
The above nmampnt are made pumianit to Section. 106 ofd* Nafiona.R ffisteaic Few--a-vatiou Act and the
Ach-nory Coweil onHistaric Presercation7s Begulatiaa. s fm Corapl aacce vath Section 106 codified at 36
CFR Fart 800.
Thank you for you coopeaation and conadez stioti. If you bm-e question on c eming the above
contact Renee Gledhill -Earley, emwomnental it -view coordinator, at 9D-S07-6579 or
emrbonmental.imi@MQa gdcr.M hi all fidiue communication ccincernimg this project, please cite the
ab(n* referenced tracking number.
cc: Mmy Pope Fim, NCDOT,
Lumdsn: 10 Had Im=.%ee{,ih ci# NC 178)1 MW IM: AJm.0 Uk 1 Nina Swvim d_aier, RWWFh W 27M460 iripin�a9��: C1J9) ffi?�iEP6�6R6S?7
Historic Architecture and Landscapes EFFECTS ASSESSMENT form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement.
Page 9 of 9

Archaeology

Project Tracking No.
15-10-0030
oa NO ARCHAEOLOGICAL SURVEY REQUIRED FORM
n This form only pertains to ARCHAEOLOGICAL RESOURCES for this project. It is not
.i.� �'
y.o : valid for Historic Architecture and Landscapes. You must consult separately with the kWr--; •
Historic Architecture and Landscapes Group.
PROJECT INFORMATION
Project No: County: Watauga
WBSNo: 11C.095108 Document: State Minimum Criteria Checklist
Federal Aid No: Funding: ® State ❑ Federal
Federal Permit Required? ® Yes ❑ No Permit Type: USACE
Project Description:
Grade, drain, base and pave SR 1137 (Justus Rd.) from SR 1136 (Clark's Creek Rd.) for 2
kilometers (1.27 miles) south to end of maintenance. The Area of Potential Effects (A.P.E.) is
approximately 2 kilometers (1.27 miles) long and 14 meters (45 ft.) wide. The project is state
funded. Federal permits will be required. No easements are required. Since USACE permitting
is required the project is a federal undertaking and subject to Section 106 of the National Historic
Preservation Act.
NOTE: This form is an update of the Archaeoloigcal Survey Required form submitted on
8/11/2020. Several versions of this project have been reviewed. It was first submitted for
Cultural Resources Review in February 2014 (see PA 14-02-0006). The scope of that project
included improvement of the existing road with a segment of new alignment. An archaeological
survey of the new alignment segment was conducted in April 2014 and identified no
archaeological sites in the A.P.E. In December 2014 the scope of the project was reduced to
include only the replacement of Bridge 137 on SR 1136 (Clark's Creek Rd.) over Clark's Creek.
A survey of the A.P.E. to improve existing SR 1137 was conducted in November 2015, and a No
National Register of Historic Places (NRHP)-Eligible Sites Present or Affected form was
submitted on 4/27/2017 (as PA 15-10-0030). A reconnaissance of the Bridge 137 bridge
replacement was conducted in January 2015, and a No Survey Required form was submitted in
November 2015. It was later determined that the replacement of Bridge 137 had been previously
submitted for archaeological review in 2012 (see PA 12-08-0119). A No Archaeological Survey
Required form had been submitted for that project in October 2012.
This project falls within a North Carolina County in which the following federally recognized
Tribes have expressed an interest: the Cherokee Nation of Oklahoma, the Eastern Band of
Cherokee Indians, the United Keetoowah Band of Cherokee Indians, the Catawba Indian Nation,
and the Muscogee (Creek) Nation. It is recommended that you contact each federal agency
involved with your project to determine their Section 106 Tribal consultation requirements.
SUMMARY OF CULTURAL RESOURCES REVIEW
Brief description of review activities, results of review, and conclusions:
The review included an examination of a topographic map and an aerial photograph, and a visual
examination. As mentioned above, an archaeological survey of the area along existing SR 1137
was conducted in November 2015, and a survey of a new location segment was conducted in
"No ARCHAEOLOGY SURVEYREQUIRED" form for Minor Transportation Projects as Qualified in the 2015 Programmatic Agreement.
1of12

Project Tracking No.
15-10-0030
April 2014. The Archaeological Survey Required form submitted in August 2020 recommended
a survey of the new location segment. No archaeological survey was recommended for the
improvements along the existing road.
The topographic map (Valle Crucis, N.C.) shows that the 2020 new location segment runs along
the west side of SR 1137 near the north end of the A.P.E. The south end of the 2020 new
location segment is approximately the same as the south end of the 2014 new location segment.
However, the rest of the 2020 new location segment is located south of the 2014 segment,
between it and existing SR 1137. It runs along the base of a ridge overlooking SR 1137 and
Clark's Creek to the south. The new location segment appears to include a small section of
floodplain, too. The ridge appears to be a moderate to steep slope, a landform with a low to
moderate potential for prehistoric archaeological sites.
The aerial photograph shows the new location segment is mostly wooded. The north end is
cleared (garden or agricultural field?).
An archaeological reconnaissance of the new location segment was conducted by NCDOT
Archaeologist Caleb Smith and NCDOT Division 11 Environmental Officer Kevin Hinings on
10/21/2020. The reconnaissance began at the north end of the new location segment, an
approximately 40-meter (131-ft.) long stretch of level ground at the base of a steeply sloped
hillside. This narrow section of level land is located between the steep hillside and SR 1137.
(Clark's Creek runs along the east side of the road.) Most of the level land appears to be poorly
drained wetland associated with either a seasonal drainage or a spring. While some parts of the
level area between the hill and the creek may have potential for archaeological sites, the part
within the new location segment does not. The new location segment continues southwest
across a steep hillside. Examination of the steep hillside did not identify any landforms with
potential for archaeological sites (level terraces, level ridge toes, or rock overhangs).
Brief Explanation of why the available information provides a reliable basis for reasonably
predicting that there are no unidentified historic properties in the APE:
The examination of the new location segment did not identify any landforms with the potential
for prehistoric or historic archaeological sites.
SUPPORT DOCUMENTATION
See attached: ® Map(s) ® Previous Survey Info ® Photos ❑Correspondence
❑ Photocopy of County Survey Notes Other:
FINDING BY NCDOT ARCHAEOLOGIST
NO ARCHAEOLOGY S UR VEY REO UIRED
Caleb Smith 11/23/2020
NCDOT ARCHAEOLOGIST II
Date
"No ARCHAEOLOGY SURVEYREQUIRED" form for Minor Transportation Projects as Qualified in the 2015 Programmatic Agreement.
2of12

Tribes - Coordination
letters and response
(Muscogee was the
only tribe to respond)

d ST�'C�oh
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY
February 27th, 2021
Dr. Wenonah Haire
Catawba Indian Nation Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, SC 29730
Dear Dr. Haire,
The North Carolina Department of Transportation is starting the project development,
environmental, and engineering studies for the replacement SR 1137 (Justus Rd), in Watauga
County, North Carolina. The US Army Corps of Engineers (USACE) is the lead federal agency for
compliance with the National Environmental Policy Act (NEPA) and Section 106 of the National
Historic Preservation Act (NHPA) and a permit is anticipated under the Section 404 Process with
the USACE. The project begins at coordinates 36.180966,-81.778523, and extends 1.3 miles to the
end of state maintenance at 36.168536,-81.782881. A project map and results from an archaeology
survey are attached.
We would appreciate any information you might have that would be helpful in evaluating potential
environmental impacts of the project including recommendation of alternates to be studied. Your
comments may be used in the preparation of a NEPA/ State Environmental Policy Act (SEPA)
Environmental Document.
In accordance with Section 106 of the NEPA, we also request that you inform us of any historic
properties of traditional religious or cultural importance that you are aware of that may be affected
by the proposed project. Be assured that, in accordance with confidentiality and disclosure
stipulations in Section 304 of the NHPA, we will maintain strict confidentiality about certain types
of information regarding historic properties.
Please respond by March 30th so that your comments can be used in the scoping of this project. If
you have any questions concerning this project, or would like any additional information, please
contact me at kihining&ncdot.gov or 828-386-7202.
Thank you,
Kevin Hining
Division Environmental Officer- NCDOT, Highway Division 11
Cc: Matt Wilkerson, NCDOT Archaeology Team Lead
Cc: Lori Beckwith, USACE Regulatory Project Manager
Mailing Address: Telephone: [phone]
NC DEPARTMENT OF TRANSPORTATION Fax: [phone]
DIVISION 11 Customer Service: 1-877-368-4968
801 STATESVILLE HWY
NORTH WILKESBORO, NC 28659 Website: www.ncdot.gov

d ST�'C�oh
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY
February 27th, 2021
James Hartley
Tribal Historic Preservation Office
United Keetoowah Band of Cherokee Indians
PO BOX 1245
Tahlequah OK, 74465
Dear James,
The North Carolina Department of Transportation is starting the project development,
environmental, and engineering studies for the replacement SR 1137 (Justus Rd), in Watauga
County, North Carolina. The US Army Corps of Engineers (USACE) is the lead federal agency for
compliance with the National Environmental Policy Act (NEPA) and Section 106 of the National
Historic Preservation Act (NHPA) and a permit is anticipated under the Section 404 Process with
the USACE. The project begins at coordinates 36.180966,-81.778523, and extends 1.3 miles to the
end of state maintenance at 36.168536,-81.782881. A project map and results from an archaeology
survey are attached.
We would appreciate any information you might have that would be helpful in evaluating potential
environmental impacts of the project including recommendation of alternates to be studied. Your
comments may be used in the preparation of a NEPA/ State Environmental Policy Act (SEPA)
Environmental Document.
In accordance with Section 106 of the NHPA, we also request that you inform us of any historic
properties of traditional religious or cultural importance that you are aware of that may be affected
by the proposed project. Be assured that, in accordance with confidentiality and disclosure
stipulations in Section 304 of the NHPA, we will maintain strict confidentiality about certain types
of information regarding historic properties.
Please respond by March 30th so that your comments can be used in the scoping of this project. If
you have any questions concerning this project, or would like any additional information, please
contact me at kjhiningkncdot.gov or 828-386-7202.
Thank you,
,,�/
�KY l
Kevin Hining
Division Environmental Officer- NCDOT, Highway Division 11
Cc: Matt Wilkerson, NCDOT Archaeology Team Lead
Cc: Lori Beckwith, USACE Regulatory Project Manager
Mailing Address: Telephone: [phone]
NC DEPARTMENT OF TRANSPORTATION Fax: [phone]
DIVISION 11 Customer Service: 1-877-368-4968
801 STATESVILLE HWY
NORTH WILKESBORO, NC 28659 Website: www.ncdot.gov

d ST�'C�oh
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY
February 27th, 2021
Elizabeth Toombs
Tribal Historic Preservation Officer
Cherokee Nation
PO BOX 948
Tahlequah OK, 74465
Dear Elizabeth,
The North Carolina Department of Transportation is starting the project development,
environmental, and engineering studies for the replacement SR 1137 (Justus Rd), in Watauga
County, North Carolina. The US Army Corps of Engineers (USACE) is the lead federal agency for
compliance with the National Environmental Policy Act (NEPA) and Section 106 of the National
Historic Preservation Act (NHPA) and a permit is anticipated under the Section 404 Process with
the USACE. The project begins at coordinates 36.180966,-81.778523, and extends 1.3 miles to the
end of state maintenance at 36.168536,-81.782881. A project map and results from an archaeology
survey are attached.
We would appreciate any information you might have that would be helpful in evaluating potential
environmental impacts of the project including recommendation of alternates to be studied. Your
comments may be used in the preparation of a NEPA/ State Environmental Policy Act (SEPA)
Environmental Document.
In accordance with Section 106 of the NHPA, we also request that you inform us of any historic
properties of traditional religious or cultural importance that you are aware of that may be affected
by the proposed project. Be assured that, in accordance with confidentiality and disclosure
stipulations in Section 304 of the NHPA, we will maintain strict confidentiality about certain types
of information regarding historic properties.
Please respond by March 30th so that your comments can be used in the scoping of this project. If
you have any questions concerning this project, or would like any additional information, please
contact me at kjhiningkncdot.gov or 828-386-7202.
Thank you,
A
Kevin Hining
Division Environmental Officer- NCDOT, Highway Division 11
Cc: Matt Wilkerson, NCDOT Archaeology Team Lead
Cc: Lori Beckwith, USACE Regulatory Project Manager
Mailing Address: Telephone: [phone]
NC DEPARTMENT OF TRANSPORTATION Fax: [phone]
DIVISION 11 Customer Service: 1-877-368-4968
801 STATESVILLE HWY
NORTH WILKESBORO, NC 28659 Website: www.ncdot.gov

d ST�'C�oh
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY
February 27th, 2021
Russell Townsend
Tribal Historic Preservation Officer
2077 Governors Island Road
Bryson City, NC 28713
Dear Russell,
The North Carolina Department of Transportation is starting the project development,
environmental, and engineering studies for the replacement SR 1137 (Justus Rd), in Watauga
County, North Carolina. The US Army Corps of Engineers (USACE) is the lead federal agency for
compliance with the National Environmental Policy Act (NEPA) and Section 106 of the National
Historic Preservation Act (NHPA) and a permit is anticipated under the Section 404 Process with
the USACE. The project begins at coordinates 36.180966,-81.778523, and extends 1.3 miles to the
end of state maintenance at 36.168536,-81.782881. A project map and results from an archaeology
survey are attached.
We would appreciate any information you might have that would be helpful in evaluating potential
environmental impacts of the project including recommendation of alternates to be studied. Your
comments may be used in the preparation of a NEPA/ State Environmental Policy Act (SEPA)
Environmental Document.
In accordance with Section 106 of the NEPA, we also request that you inform us of any historic
properties of traditional religious or cultural importance that you are aware of that may be affected
by the proposed project. Be assured that, in accordance with confidentiality and disclosure
stipulations in Section 304 of the NHPA, we will maintain strict confidentiality about certain types
of information regarding historic properties.
Please respond by March 30th so that your comments can be used in the scoping of this project. If
you have any questions concerning this project, or would like any additional information, please
contact me at kihining&ncdot.gov or 828-386-7202.
Thank you,
Kevin Hining
Division Environmental Officer- NCDOT, Highway Division 11
Cc: Matt Wilkerson, NCDOT Archaeology Team Lead
Cc: Lori Beckwith, USACE Regulatory Project Manager
Mailing Address: Telephone: [phone]
NC DEPARTMENT OF TRANSPORTATION Fax: [phone]
DIVISION 11 Customer Service: 1-877-368-4968
801 STATESVILLE HWY
NORTH WILKESBORO, NC 28659 Website: www.ncdot.gov

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
February 27th, 2021
LeeAnne Wendt
Muscogee (Creek) Nation
PO BOX 580
Okmulgee, OK 74447
Dear LeeAnne,
J. ERIC BOYETTE
SECRETARY
The North Carolina Department of Transportation is starting the project development,
environmental, and engineering studies for the replacement SR 1137 (Justus Rd), in Watauga
County, North Carolina. The US Army Corps of Engineers (USACE) is the lead federal agency for
compliance with the National Environmental Policy Act (NEPA) and Section 106 of the National
Historic Preservation Act (NHPA) and a permit is anticipated under the Section 404 Process with
the USACE. The project begins at coordinates 36.180966,-81.778523, and extends 1.3 miles to the
end of state maintenance at 36.168536,-81.782881. A project map and results from an archaeology
survey are attached.
We would appreciate any information you might have that would be helpful in evaluating potential
environmental impacts of the project including recommendation of alternates to be studied. Your
comments may be used in the preparation of a NEPA/ State Environmental Policy Act (SEPA)
Environmental Document.
In accordance with Section 106 of the NEPA, we also request that you inform us of any historic
properties of traditional religious or cultural importance that you are aware of that may be affected
by the proposed project. Be assured that, in accordance with confidentiality and disclosure
stipulations in Section 304 of the NHPA, we will maintain strict confidentiality about certain types
of information regarding historic properties.
Please respond by March 30th so that your comments can be used in the scoping of this project. If
you have any questions concerning this project, or would like any additional information, please
contact me at kihining&ncdot.gov or 828-386-7202.
Thank you,
Kevin Hining
Division Environmental Officer- NCDOT, Highway Division 11
Cc: Matt Wilkerson, NCDOT Archaeology Team Lead
Cc: Lori Beckwith, USACE Regulatory Project Manager
Mailing Address: Telephone: [phone]
NC DEPARTMENT OF TRANSPORTATION Fax: [phone]
DIVISION 11 Customer Service: 1-877-368-4968
801 STATESVILLE HWY
NORTH WILKESBORO, NC 28659 Website: www.ncdot.gov

From: LeeAnne Wendt <[e-mail]>
Sent: Sunday, May 2, 2021 10:41 PM
To: Hining, Kevin J <[e-mail]>
Subject: [External] Re: NCDOT SR 1137 Watauga County NC - Muscogee
Mr. Hining,
Thank you for contacting the Muscogee (Creek) Nation concerning the Proposed Replacement of SR-1137
(Justus Road) in Watauga County, North Carolina. The project is located in our Tribes historic area of interest
and is of importance to the Muscogee (Creek) Nation. After careful review of the material provided, the
Muscogee (Creek) Nation concurs that there should be no effects to any known historic properties for the
proposed project. However, due to the historic presence of Muscogee people in the project area, there is
always the possibility of inadvertent discoveries of cultural resources, human remains and related NAGPRA
items, etc. Even if the proposed project is occurring in areas of existing or prior development, there is still a
possibility. With that being stated, if this does occur during ground disturbing activities, the Muscogee (Creek)
Nation requests that all work in the area ceases and that our office as well as other appropriate agencies be
notified immediately. Additionally, if any changes take place for the project, we require that the information is
sent to us for further review. If you have any questions regarding this, please do not hesitate to ask me.
Regards,
LeeAnne Wendt
LeeAnne Wendt, M.A., RPA
Historic and Cultural Preservation Department, Tribal Archaeologist
Muscogee (Creek) Nation
P.O. Box 580 1 Okmulgee, OK 74447
T 918.732.7852
F 918.758.0649
lwendtkmcn-nsn. og_v
htlp://www.muscogeenation-nsn.gov/
From: Hining, Kevin J <[e-mail]>
Sent: Saturday, February 27, 2021 8:05 AM
To: LeeAnne Wendt <[e-mail]>
Cc: Wilkerson, Matt T <[e-mail]>; [e-mail]
<Loretta.A.Beckwith (Dusace.armv.mil>
Subject: NCDOT SR 1137 Watauga County NC - Muscogee
Please see the attached notification letter and results of an archaeological review (maps are included) for the
improvement of NCDOT SR 1137 in Watauga County, NC. Please let me know if you need any additional information.
Thank you,
Kevin Hining
Division 11 Environmental Officer
North Carolina Department of Transportation
828-386-7202 cell
kihiningamclot.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

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