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HomeMy WebLinkAbout20201280 Ver 1_Little Texas Sidewalk - EB-5844 - Permit Support Doc_20230906 TranSystems 1 Glenwood Avenue Suite 600 Raleigh, NC 27603 www.transystems.com September 5, 2023 Krysta Stygar Sue Homewood US Army Corps of Engineers NC Division of Water Resources Charlotte Regulatory Field Office Mooresville Regional Office 8430 University Drive, Suite 615 610 East Center Avenue, Suite 301, Charlotte, NC 28262 Mooresville, NC 28115 Re: Application for Nationwide Permit 14 and General Water Quality Certification 4246 Little Texas Road and Ruth Avenue Sidewalk (EB-5844, WBS 44856.1.24) Kannapolis, Cabarrus County, North Carolina Dear Ms. Stygar and Ms. Homewood: The City of Kannapolis (City) proposes to construct a sidewalk and curb and gutter on the east side of Little Texas Road between Ruth Avenue and Dale Earnhardt Boulevard (STIP EB-5844) in Cabarrus County, North Carolina. (Figure 1). Small portions of existing sidewalk will be repaired or replaced as needed. The typical section is a variable width planter with a five- to seven-foot-wide sidewalk. When completed, the City will have a continuous sidewalk along the east side of South Texas Road from Ruth Avenue to Dale Earnhardt Boulevard. The project is currently funded. The project is included in the 2020-2029 North Carolina State Transportation Improvement Program (STIP) as Project No. EB-5844 and is being funded through the Congestion Mitigation and Air Quality Program (CMAQ), the Transportation Alternatives (Any Area) Program (TAANY), as well as local funds. Right-of-way acquisition is anticipated to begin October 2022, and construction to begin June 2024. In addition to this cover letter, the following has been included to assist your review: • Appendix A – SEPA Documentation • Appendix B – Stormwater Management Plan • Appendix C – Permit Drawings • Appendix D – Preliminary Jurisdictional Determination • Appendix E – NCSHPO Scoping Letter Response • Appendix F – FEMA Compliance Documentation PURPOSE AND NEED The purpose of this project is to improve pedestrian safety and mobility with the addition of new sidewalk facilities as well as fill in existing gaps in a pedestrian heavy area. A pedestrian crosswalk with a pedestrian refuge island is proposed to improve safety for pedestrians crossing Little Texas Road to access Forest Park Elementary School, and a pedestrian bridge is proposed over Chambers Branch to improve pedestrian safety since the existing roadway bridge contains a shoulder which serves as the only means for pedestrian travel. The addition of ADA compliant accessibility ramps will also improve access for mobility impaired populations. Little Texas Road Sidewalk Project 09/05/2023 Page 2 2 PROJECT DESCRIPTION The Little Texas Road and Ruth Avenue Sidewalk project includes: • 8,800 linear feet (1.66 miles) of new 6-7 feet wide sidewalk along the east side of S.R. 2154 (Little Texas Road) from S.R. 1280 (Lane Street) to NC 3 (Dale Earnhardt Boulevard) in the City of Kannapolis, Cabarrus County, North Carolina. (The 7-ft wide section is proposed between Ontario Drive and 207 S. Little Texas Road, and Debbie St. and Lane St.) • Fill in existing sidewalk gaps on east side of Little Texas Road and Ruth Avenue • Realign Ruth Ave & Little Texas Intersection • New pedestrian crosswalk with a refuge island at Forest Park Drive and Little Texas Road (for Forest Park Elementary access) • New 10-ft wide pedestrian bridge over Chambers Branch Creek • New retaining wall (65-ft Long, 6-ft High) located approximately 10-feet from edge of pavement at 207 S. Little Texas Road • ADA compliant ramps and curb and gutter The approximate total length of the project is 2.1 miles. Within the project study area, Little Texas Road is an undivided 2-lane minor arterial with a posted speed limit of 35 mph. The right-of-way along Little Texas Road is 60 feet wide and contains some segments of sidewalk, including: • along the east side of Little Texas Road from Dale Earnhardt Boulevard to 616 S. Little Texas Road, • 287 S. Little Texas Road to just south of the existing bridge over Sandy Creek, • immediately north of the existing bridge over Sandy Creek to 210 S. Little Texas Road, and • 103 S. Little Texas Road to 174 N. Little Texas Road. The project would connect these segments to complete the sidewalk network along the east side of the corridor and provide connectivity to the sidewalk along Forest Park Drive via a pedestrian crossing and refuge island, and sidewalks along Dale Earnhardt Boulevard. The proposed 10-foot wide pedestrian bridge will cross the Chambers Branch on the east side of Little Texas Road and will be constructed with pre-fabricated materials to accommodate the loads from two-way pedestrian traffic and golf carts. This bridge is proposed to have 15’ minimum horizontal clearance from the existing bridge over Chambers Branch (Bridge #120230 ) for ease of maintenance, access to the existing bridge and possible future roadway bridge replacement. INDEPENDENT UTILITY The EB-5844 project is a single and complete project. This project exhibits the following characteristics of independent utility of a project: 1) The project connects logical termini and is of sufficient length to address environmental matters on a broad scope. Little Texas Road Sidewalk Project 09/05/2023 Page 3 3 2) The project is usable and a reasonable expenditure, even if no additional transportation improvements are made in the area. 3) The project does not restrict consideration of alternatives for other reasonably foreseeable transportation improvements. SEPA DOCUMENT STATUS A Categorical Exclusion was completed to satisfy the State Environmental Policy Act (SEPA) documentation requirements, approved June 6, 2022. RESOURCE STATUS The project is located entirely in the Yadkin Pee-Dee River Basin [U.S. Geological Survey (USGS) Hydrologic Unit Code (HUC) 03040105]. The North Carolina 2022 Final 303(d) list of impaired waters identifies UT to Coldwater Creek (Lake Concord) [13-17-9-4-2-(2)a] within the study area as an impaired water due to exceeding chlorophyll-a limits. The Unnamed Tributary to Coldwater Creek has been designated as CA, which labels it as a critical area. Therefore, the City will adhere to North Carolina Regulations entitled Design Standards in Sensitive Watersheds (15A NCAC 04B. 0124) throughout the design and construction of the project. Hazardous spill catch basins are required. Appropriate notations are made in the erosion control plans and the appropriate special provisions are included in the contract plans for construction. The City is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts. Avoidance measures were taken during the planning and SEPA compliance stages, and minimization measures were incorporated as part of the project design. No permanent impacts are proposed as part of the project. The project will result in 0.01 acres of temporary surface water impacts from the pedestrian bridge construction over UT to Coldwater Creek. FEDERALLY PROTECTED SPECIES The United States Fish and Wildlife Service (USFWS) Information Planning and Consultation tool (IPaC) lists the following federally protected species within the study area, under the Endangered Species Act (ESA) (Table 1). Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Perimyotis subflavus Tricolored bat PE Yes No Effect Helianthus schweinitzii Schweinitz’s sunflower E Yes No Effect IPaC data checked on August 29, 2023 E - Endangered PE – Proposed Threatened Tricolored bat USFWS optimal survey window: May 15-August 15 Little Texas Road Sidewalk Project 09/05/2023 Page 4 4 Biological Conclusion: Unresolved On September 14, 2022, the U.S. Fish and Wildlife Service announced a proposal to list the tricolored bat (Perimyotis subflavus - PESU) as endangered under the Endangered Species Act. USFWS has not provided an official effective listing date, but it is anticipated to occur in the second half of 2023. Upon listing, USFWS is expected to provide habitat descriptions and an area of influence/distribution range for PESU. When this information is provided, it will help to inform determinations on habitat that could be impacted by the proposed actions. In lieu of the formal listing, habitat and structure checks were performed on August 14, 2023, by Dominique DiLandro, permitted bat biologist, for evidence of bats (i.e staining, guano, etc). No evidence was observed. Schweinitz’s sunflower USFWS optimal survey window: late August - October Biological Conclusion: No Effect Schweinitz’s sunflower (Helianthus schweinitzii) is typically found along roadside rights-of-way, maintained power lines and other utility rights-of-way, edges of thickets and old pastures, clearings and edges of upland pine woods or other sunny or semi-sunny habitats. Habitat was the study area in the form of partially maintained roadsides and ditches adjacent to patches of woods. Surveys for Schweintiz’s sunflower were conducted on September 1, 2023. No individuals were observed. In addition, a review of NHP records on or updated August 29, 2023, indicates no known occurrences within 1.0 mile of the study area. HISTORIC RESOURCES There are no historic resources that would be affected by the proposed project. The scoping letter response from the N.C. State Historic Office is included in the appendices. FEMA COMPLIANCE The City of Kannapolis received a No-Rise for the project in May, 2022. REGULATORY APPROVALS In consultations with relevant agencies, it was noted the project is applicable under a Section 404 Nationwide 14 and Section 401 General Water Quality Certification (WQC) 4246. If you have any questions or need additional information, please contact Anna Reusche at areusche@transystems.com or 919-816-7745. Sincerely, Anna Reusche, PWS Senior Environmental Project Manager TranSystems APPENDIX A SEPA DOCUMENTATION v2019.1 EB-5844 Type I(A) CE Page 1 Type I or II Categorical Exclusion Action Classification Form STIP Project No. EB-5844 WBS Element 47301.1.1 Federal Project No. TAP-2154(003) A.Project Description: The proposed project includes:•8,800 linear feet (1.66 miles) of new 6-7 feet wide sidewalk along the east side of S.R. 2154(Little Texas Road) from S.R. 1280 (Lane Street) to NC 3 (Dale Earnhardt Boulevard) in theCity of Kannapolis, Cabarrus County, North Carolina. (The 7-ft wide section is proposedbetween Ontario Drive and 207 S. Little Texas Road, and Debbie St. and Lane St.)•Fill in existing sidewalk gaps on East side of Little Texas Road and Ruth Avenue•Realign Ruth Ave & Little Texas Intersection•New pedestrian crosswalk with a refuge island at Forest Park Drive and Little Texas Road (forForest Park Elementary access)•New 10-ft wide pedestrian bridge over Chambers Branch Creek •New retaining wall (65-ft Long, 6-ft High) located approximately 10-feet from edge of pavementat 207 S. Little Texas Road•ADA compliant ramps and curb and gutter The approximate total length of the project is 2.1 miles. Within the project study area, Little Texas Road is an undivided 2-lane minor arterial with a posted speed limit of 35 mph. The right-of-way along Little Texas Road is 60 feet wide and contains some segments of sidewalk, including: •along the east side of Little Texas Road from Dale Earnhardt Boulevard to 616 S. Little TexasRoad,•287 S. Little Texas Road to just south of the existing bridge over Sandy Creek,•immediately north of the existing bridge over Sandy Creek to 210 S. Little Texas Road, and•103 S. Little Texas Road to 174 N. Little Texas Road. The project would connect these segments to complete the sidewalk network along the east side of the corridor and provide connectivity to the sidewalk along Forest Park Drive via a pedestrian crossing and refuge island, and sidewalks along Dale Earnhardt Boulevard. The proposed 10-foot wide pedestrian bridge will cross the Chambers Branch on the east side of Little Texas Road and will be constructed with pre-fabricated materials to accommodate the loads from two-way pedestrian traffic and golf carts. This bridge is proposed to have 15’ minimum horizontal clearance from the existing bridge over Chambers Branch (Bridge #1202301) for ease of maintenance, access to the existing bridge and possible future roadway bridge replacement. The project falls within the regions of the Cabarrus-Rowan Metropolitan Planning Organization (CRMPO) and Division 10 of the North Carolina Department of Transportation (NCDOT). The project location is shown on the attached vicinity map (Figure 1) and site photos. The project is included in the 2020-2029 North Carolina State Transportation Improvement Program (STIP) as Project No. EB-5844 and is being funded through the Congestion Mitigation and Air Quality Program (CMAQ), the Transportation Alternatives (Any Area) Program (TAANY), as well as local funds. Right-of-way acquisition is anticipated to begin October 2022, and construction to begin June 2024. Description of Need and Purpose: The purpose of this project is to improve pedestrian safety and mobility with the addition of new sidewalk facilities as well as fill in existing gaps in a pedestrian heavy 1 NCDOT bridge Structure number derived from - https://www.arcgis.com/home/webmap/viewer.html?webmap=aa6c8a51fc744618ae45c8b105cf7ff7 v2019.1 EB-5844 Type I(A) CE Page 2 area. A pedestrian crosswalk with a pedestrian refuge island is proposed to improve safety for pedestrians crossing Little Texas Road to access Forest Park Elementary School, and a pedestrian bridge is proposed over Chambers Branch to improve pedestrian safety since the existing roadway bridge contains a shoulder which serves as the only means for pedestrian travel. The addition of ADA compliant accessibility ramps will also improve access for mobility impaired populations. The project was listed in the 2016 Cabarrus Rowan Comprehensive Transportation Plan, which recommended a sidewalk for Little Texas Road from Brantley Avenue (SR 2000) to NC 3 (Dale Earnhardt Boulevard)2. The Cabarrus Rowan Comprehensive Transportation Plan includes both the addition of 5-foot bicycle lanes on each side of Little Texas Road as well as the addition of sidewalks on each side. The Cabarrus-Rowan MPO 2045 Metropolitan Transportation Plan also lists the project in the MPO Bicycle/Pedestrian List, which identifies MPO bicycle and pedestrian projects submitted to NCDOT under the 2018-2026 STIP. Although these long-range plans call for bicycle lanes along the facility, the City of Kannapolis views the project as primarily a sidewalk project and that funding is not available at this time for the additional right-of-way that would be needed for bicycle lanes. B. Categorical Exclusion Action Classification: Type I(A) - Ground Disturbing Action C. Proposed Improvements: #3 Construction of [bicycle and] pedestrian lanes, paths, and facilities. D. Special Project Information: Construction Easements, Traffic Control and Staging: It is anticipated that vehicular traffic will be maintained through construction using temporary lane closures and traffic staging as needed to construct the sidewalk and median refuge island. No off-site detours are anticipated. Minor delays in traffic are expected during construction, so local school, rail, and EMS (police and ambulance) staff will be notified to ensure scheduling accommodates current bus routes, rail schedules, and emergency response service. According to Concord-Kannapolis Area Transit, the project study area has six bus stops located at the following intersections: o S. Little Texas Rd/Forest Park Dr. o S. Little Texas Rd/Mission Tripp St. o S. Little Texas Rd/Summit Ridge Ln. o S. Little Texas Rd/E 1st St. o N. Little Texas Rd/El Paso St. o N. Little Texas Rd/Chipola St. It was also noted that Concord-Kannapolis Area Transit is implementing a system-wide bus stop design standard and requested the opportunity for the proposed project to incorporate these design standards. The project will not have permanent or adverse effects on local traffic patterns or community cohesiveness and will not change access control along the project corridor. 2 https://connect.ncdot.gov/projects/planning/TPBCTP/Cabarrus-Rowan/CRMPO%20CTP%20Roadway%20Inventory%20(Amended%20March%2027,%202019).xlsx v2019.1 EB-5844 Type I(A) CE Page 3 Existing Structures: There are no culverts within the project area3; therefore, no culvert improvements or replacements are included in the project scope of work. There is one existing bridge (NCDOT Bridge #120230) within the project area that crosses Chamber’s Branch (located between Summit Ridge Lane and Mission Tripp Street).4 Although NCDOT GIS data does not indicate that the bridge is structurally deficient or functionally obsolete, with a Sufficiency Rating of 94.42, scour/erosion was observed at the guardrail post approaching the bridge and underneath the bridge. Although the current project scope does not include replacing the existing bridge, SEPI engineers noted that it was not hydraulically adequate under the 25-year design storm as well as during 100-year base flood conditions. Proposed Structures: A new pedestrian bridge is proposed to cross the Chamber’s Branch – a tributary to Cold Water Creek - at least 15’ east of the existing roadway bridge for ease of maintenance, access to the existing roadway bridge and adequate horizontal clearance for possible future roadway bridge replacement. Power lines are located on the east side of the existing roadway bridge and are considered in the horizontal clearance of the pedestrian bridge. The location (vertical and horizontal) and length of the bridge will be optimized considering the hydraulic modeling (no-rise and scour). The bridge will be 10- feet wide to accommodate two-way pedestrian traffic and constructed of pre-fabricated materials. The design of the bridge will accommodate H5 loading (suitable for golf cart maintenance vehicles and appropriate for greenway pedestrian bridges). The estimated construction costs, based on 2021 costs are as follows*: Construction Costs: $1,764,0005 Right of Way/Utilities $ 400,0005 Engineering $ 640,0005 Total Cost $2,804,0005 *Costs subject to change. Costs estimates are from NCDOT 2020-2029 STIP, May 2022. Agency Involvement: A Start of Study Letter with attached project information including project scoping sheets and maps, were distributed through the State Clearinghouse on January 7, 2020 as well as mailed to relevant review agencies. Comments and recommendations raised by responding agencies are summarized below. Responses from the NC Division of Emergency Management received on February 18, 2020 noted that the project study area appears to encroach on Special Flood Hazard Area (SFHA) and Floodway of Chambers Branch. Comments received from the Superfund Section of the NC Division of Waste Management (NCDWM), received on February 18, 2020, indicated that there two inactive hazardous waste sites located within 1-mile of the project. As recommended by NCDWM, site files were reviewed and no precautions are needed since construction activities will not encounter potentially contaminated soil or groundwater. 3 North Carolina Department of Transportation, “NCDOT Structures, State Maintained Roads, and MPO/RPO Boundary Map”. Accessed online on February 12, 2020 at: http://ncdot.maps.arcgis.com/home/webmap/viewer.html?webmap=b2f8ba9072c44a5db212b939a75f68bd 4 North Carolina Department of Transportation, “NCDOT Structures, State Maintained Roads, and MPO/RPO Boundary Map”. Accessed online on February 12, 2020 at: http://ncdot.maps.arcgis.com/home/webmap/viewer.html?webmap=b2f8ba9072c44a5db212b939a75f68bd 5 North Carolina Department of Transportation, “NCDOT 2020-2029 STIP, December 2021“. Accessed online on January 12, 2022; at https://connect.ncdot.gov/projects/planning/STIPDocuments1/NCDOT%20Current%20STIP.pdf v2019.1 EB-5844 Type I(A) CE Page 4 Comments from the NC Division of Waste Management, Hazardous Waste Section (NCDWM) received on February 18, 2020 noted that any hazardous waste generated from the demolition, construction, operations, maintenance, and/or remediation from the proposed project must be managed in accordance with the North Carolina Hazardous Waste Rules. Responses from the NC Division of Waste Management, Solid Waste Section found no adverse impact on the surrounding community and knows of no situations in the community, which would affect the project from a solid waste perspective. The agency also noted that every feasible effort should be made to minimize the generation of wastes and to recycle materials for which viable markets exist. Comments from the North Carolina Department of Natural and Cultural Resources State Historic Preservation Office (SHPO) noted that the project area is considered as having relatively low probability for containing a significant, intact National Register of Historic Places (NRHP) eligible archaeological site. Therefore, no archaeological survey is recommended. Additional comments from SHPO are provided under Cultural Resources below. The U.S.Fish and Wildlife Service (USFWS) initially (at the time of project scoping) asked for time of work restrictions to address the Northern long-eared bat (NLEB, Myotis septentrionalis), a protected species listed for Cabarrus County.6 However, the requirements for species surveys have recently changed, and NCDOT is now requiring surveys for these species. Completion of this survey and a resulting No Effect determination has been added as a commitment to this CE. Additional comments from the USFWS noted that suitable habitat for the federally endangered Schweinitz’s sunflower (Helianthus schweinitzii) may occur onsite and recommended targeted surveys between late August and October. This survey was performed by SEPI in October 2021 and is valid for two years. Other recommendations noted in USFWS comments include developing measures to discourage migratory birds from nesting in the project location, utilizing best management practices to reduce erosion and sediment impacts, and avoiding floodplain modifications. Comments from NCDOT Division 10 Planning Engineer Stuart Basham noted a project along Lane Street to reduce the street from four to three lanes and provide street resurfacing. However, it was mentioned that the project is due to be completed by the time this project is due to LET. A response provided by Cabarrus County Active Living and Parks Department mentioned no comments other than that this sidewalk is much needed. In a comment from Concord-Kannapolis Area Transit Manager Andy Christy, the project study area has six bus stops located at the following intersections: o S. Little Texas Rd/Forest Park Dr.. o S. Little Texas Rd/Mission Tripp St. o S. Little Texas Rd/Summit Ridge Ln. o S. Little Texas Rd/E 1st St. o N. Little Texas Rd/El Paso St. o N. Little Texas Rd/Chipola St. It was also noted that Concord-Kannapolis Area Transit is implementing a system wide bus stop design standard and requested the opportunity for the proposed project to incorporate these design standards. 6 USFWS initial NLEB condition: “the project would occur in a location greater than 0.25 miles from any known hibernation site of the northern long-eared bat (Myotis septentrionalis) and more than 150-feet from a known, occupied maternity roost during the pup season (June 1 – July 31). Therefore, any incidental take that may result from project related activities would be exempt under the 4(d) rule. However, any tree clearing activities associated with the project should be completed outside of the pup season (July 1 – July 30) and outside of the active season (April 1 – October 31) to reduce the chance of impacting any unidentified maternity roosts.” v2019.1 EB-5844 Type I(A) CE Page 5 Public Involvement: A start of study notification letter was sent on January 6, 2021, to all landowners with parcels within the project study area. This letter included a project description along with contact information for the team project manager that could be contacted with questions or comments regarding the project. Postcards were mailed to 411 surrounding property owners and tenants along the project area on January 6, 2021, to advertise a Project Public Meeting, as well as advertised on the City website. The public meeting was held from 6 p.m. to 7 p.m. on January 26, 2021, (see summary in Appendices) with a virtual presentation on Zoom (which included online presentation and audience participation) and an in-person screening (that obeyed Covid restrictions for those without internet access) at the same time, hosted by the City and Project Consultant. In total, 12 citizens participated, and the following general comments were received: • Most respondents (10/12) supported the project, with the only negative comment regarding the project timing (it is not happening quicky enough) • Most respondents (10/12) involved asking specific questions about the project • One concern was with construction impacts/property access • Other concerns were related to unrelated issues in the neighborhood – flooding, traffic speeding, if a detour was planned (it isn’t) Community Impacts: An Indirect and Direct Impact Screening tool was completed in lieu of a full Community Impact Assessment for this project. The results of this screening indicated that there are not projected to be any adverse direct or indirect impacts to the nearby and surrounding communities in terms of impacts to pedestrian or bicycle facilities, transit, farmland soils, community resources, community cohesiveness or low-income, elderly, disabled or minority populations. This screening tool is available in supporting documents for this CE Checklist. As no notably adverse community impacts are anticipated with this project impacts to minority and low-income populations do not appear to be disproportionately high and adverse. Benefits and burdens resulting from the project are anticipated to be equitably distributed throughout the community. No disparate impacts are anticipated under Title VI and related statutes. Cultural Resources: NCHPO recommended caution if ground disturbing activities are to take place near the Centergrove Cemetery (located at the northeast corner of S. Little Texas Road and Dale Earnhardt Blvd). A Commitment was added to note that if unmarked human remains are encountered during construction activities, construction must cease and remains must be examined by the county medical examiner in compliance with North Carolina General Statute Chapter 70, article 3. Railroad Involvement: There are no railroad crossings within the project study area. Prime Farmland: The project area is located in a moderately urbanized area in Kannapolis that contains no prime or important farmlands or Voluntary Agricultural Districts. Threatened and Endangered Species: As of October 2021, the United States Fish and Wildlife (USFWS) lists four (4) federally protected species, under the Endangered Species Act (ESA) for Cabarrus County (Table 1)7. For each species, a discussion of the presence or absence of habitat is included below along with the Biological Conclusion rendered based on survey results in the study area. 7 U.S. Fish & Wildlife Service. “Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species”. Accessed online February 13, 2020 at : https://www.fws.gov/raleigh/species/cntylist/cabarrus.html v2019.1 EB-5844 Type I(A) CE Page 6 Table 1. ESA federally protected species listed for Cabarrus County. Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Haliaeetus leucocephalus Bald eagle BGPA No No Effect Myotis septentrionalis Northern long-eared bat T Yes Unresolved Lasmigona decorata Carolina heelsplitter E Yes No Effect Helianthus schweinitzii Schweinitz’s sunflower E Yes No Effect E - Endangered T – Threatened BGPA – Bald Eagle Protection Act Suitable habitat for the Carolina heelsplitter consisting of stable, silt-free stream bottoms was found within the project study area in Chamber’s Branch - tributary to Cold Water Creek. A freshwater mussel survey was conducted for the project in April 2020. No individual Carolina heelsplitter were identified. The biological conclusion for this species as presented in the NRTR for the project is No Effect. Suitable habitat consisting of early successional areas, and maintained roadsides, exists for Schweinitz’s sunflower in the study area. Field surveys for Schweinitz’s sunflower were performed on October 14, 2021 by SEPI biologists Robert Lepsic, PWS, and Anna Reusche, PWS. Surveys were performed along roadsides, early successional areas, open grassy areas, and in areas with dry soils in open sunlight, where habitat for Schweinitz’s sunflower occur. No occurrences of Schweinitz’s sunflower were observed. Additionally, an October 27, 2021 review of NC Natural Heritage Program records indicated no known occurrences within one mile of the study area. The biological conclusion for this species is No Effect. The USFWS also lists the Bald Eagle as occurring in Cabarrus County. The bald eagle is protected under the Bald and Golden Eagle Protection Act and enforced by the USFWS. Habitat for the bald eagle primarily consists of mature forests in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop-GIS assessment of the project study area, as well as the area within a 1.0-mile radius of the project limits, was performed on December 26 using October 2017 color aerials. Concord Lake (approximately 90 acres) is located approximately 0.40 miles downstream and east of the study area and could support Bald Eagle foraging. Since there was no foraging habitat within the review area, a survey of the project study area and the area within 660 feet of the project limits was not conducted. Additionally, a review of the NHP database on December 10, 2019 revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the lack of habitat within the study area, known occurrences, and minimal impact anticipated for this project, it has been determined that this project will not affect this species. The U.S. Fish and Wildlife Service initially (at the time of project scoping) asked for time of work restrictions to be added to the project to address the Northern long-eared bat (NLEB) (Myotis septentrionalis), a protected species listed for Cabarrus County. This was because the project area is not subject to the Programmatic Biological Opinion (PBO)8 for NLEB because the project falls within Division 10. However, the requirements for species surveys have recently changed, and NCDOT is now requiring surveys for these species. Completion of a NLEB survey has therefore been added as a commitment to this CE. Sensitive Watersheds: There is one 303(d) listed stream (Unnamed Tributary to Cold Water Creek) located within the project study area. The North Carolina 2020 Final 303(d) list of impaired waters identifies Unnamed Tributary to Cold Water Creek (Lake Concord) [13-17-9-4-2-(2)a] within the study 8 The Northern long-eared bat (NLEB) (Myotis septentrionalis) Programmatic Biological Opinion (PBO) for NCDOT Divisions 1-8 was developed by the US Fish and Wildlife Service (USFWS) in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT. v2019.1 EB-5844 Type I(A) CE Page 7 area as an impaired water due to exceeding chlorophyll-a limits9. UT to Cold Water Creek is a WS-IV; CA classified waterway, which means the stream is within the Critical Area of a Class IV Water Supply Watershed. Therefore, development in the area is subject to the NC Water Supply Watershed Rules, which aims to reduce the risk of nutrient runoff to protect water quality for drinking and culinary purposes as well as recreational purposes. There are no designated High-Quality Waters (HQW) or higher class Water Supply Watersheds (WS-I or WS-II) within or within 1.0 mile downstream of the study area. No streams within the project study area are subject to the riparian buffer rules since they are located in the Yadkin-Pee-Dee river basin and are not subject to buffer rules administered by NCDEQ. There are National Wetland Inventory (NWI) mapped wetlands within the project study area totaling 2.8 acres as well as 100-year and 500-year flood zones totaling 4.4 acres. Permits: As the project study area is located within a Water Supply Critical Area (WS CA), the NCDOT must strictly adhere to North Carolina Regulations entitled Design Standards in Sensitive Watersheds (15A NCAC 04B. 0124) throughout the design and construction of the project for any areas that drain to streams having WS CA (Water Supply Critical Area) classifications. Due to wetland and stream impacts, a USACE Nationwide 14 Permit and associated water quality certification from NCDEQ are required. An associated Jurisdictional Determination for Wetlands and Surface Waters has been submitted to USACE. An erosion and sedimentation control plan will be required if one or more acres are to be disturbed. A NPDES Construction Stormwater permit (NCG010000) is also usually issued should design features meet minimum requirements. Plans and specifications for the alteration of a public water system must be approved by the Division of Water Resources/ Public Water Supply Section prior to the award of a contract or the initiation of construction as per 15A NCAC 18C .0300. Despite encroachment on the Special Flood Hazard Area (SFHA) and Floodways of Chambers Branch, conclusions from the SEPI Hydraulics Study indicate that the encroachment into the floodways do not create a rise in flood water and qualify the project for a “No-Rise” designation. According to the No Rise Study (approved by Boyd V. Stanley, AICP on May 5, 2022), the revised project modifications will produce a slight drop in water surface elevations for the 100-yr (base flood event) qualifying the project for a “No-Rise” designation. It is to be noted that there are some river stations where the water surface elevation does not change from the Corrected Effective to the Revised model and some river stations where this slight drop in water surface elevations does occur between the Corrected Effective and the Revised model. It is also noted that FIS floodway widths that were for the added sections to meet FEMA requirements also did not cause any rise when comparing the 100-yr floodway water surface elevations from the Corrected Effective to the Revised model. The Revised and Existing models tie-in to the Effective model at River Station 11252. See the Appendices for copies of the Hydraulics (HEC-RAS Narrative and Supporting Documentation) Study, Topographic Workmap and Floodplain Development Permit for the project. 9 N.C. Department of Environment and Natural Resources, Division of Water Quality. Water Quality Assessment and Impaired Waters List (2018 Final 303(d) list. https://files.nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2018/2018-NC-303-d--List-Final.pdf v2019.1 EB-5844 Type I(A) CE Page 8 Floodway Water Surface Elevation (ft.) Analysis Results. NCDOT has reviewed the flood study and approved the study through the MOA process. E. Project Impact Criteria Checklists: F2. Ground Disturbing Actions – Type I (Appendix A) & Type II (Appendix B) Proposed improvement(s) that fit Type I Actions (NCDOT-FHWA CE Programmatic Agreement, Appendix A) including 2, 3, 6, 7, 9, 12, 18, 21, 22 (ground disturbing), 23, 24, 25, 26, 27, 28, &/or 30; &/or Type II Actions (NCDOT-FHWA CE Programmatic Agreement, Appendix B) answer the project impact threshold questions (below) and questions 8 – 31. • If any question 1-7 is checked “Yes” then NCDOT certification for FHWA approval is required. • If any question 8-31 is checked “Yes” then additional information will be required for those questions in Section G. PROJECT IMPACT THRESHOLDS (FHWA signature required if any of the questions 1-7 are marked “Yes”.) Yes No 1 Does the project require formal consultation with U.S. Fish and Wildlife Service (USFWS) or National Marine Fisheries Service (NMFS)? ☐  2 Does the project result in impacts subject to the conditions of the Bald and Golden Eagle Protection Act (BGEPA)? ☐  3 Does the project generate substantial controversy or public opposition, for any reason, following appropriate public involvement? ☐  4 Does the project cause disproportionately high and adverse impacts relative to low-income and/or minority populations? ☐  5 Does the project involve a residential or commercial displacement, or a substantial amount of right of way acquisition? ☐  6 Does the project require an Individual Section 4(f) approval? ☐  v2019.1 EB-5844 Type I(A) CE Page 9 7 Does the project include adverse effects that cannot be resolved with a Memorandum of Agreement (MOA) under Section 106 of the National Historic Preservation Act (NHPA) or have an adverse effect on a National Historic Landmark (NHL)? ☐  If any question 8-31 is checked “Yes” then additional information will be required for those questions in Section G. Other Considerations Yes No 8 Is an Endangered Species Act (ESA) determination unresolved or is the project covered by a Programmatic Agreement under Section 7?  ☐ 9 Is the project located in anadromous fish spawning waters? ☐  10 Does the project impact waters classified as Outstanding Resource Water (ORW), High Quality Water (HQW), Water Supply Watershed Critical Areas, 303(d) listed impaired water bodies, buffer rules, or Submerged Aquatic Vegetation (SAV)?  ☐ 11 Does the project impact Waters of the United States in any of the designated mountain trout streams? ☐  12 Does the project require a U.S. Army Corps of Engineers (USACE) Individual Section 404 Permit? ☐  13 Will the project require an easement from a Federal Energy Regulatory Commission (FERC) licensed facility? ☐  Other Considerations for Type I and II Ground Disturbing Actions (continued) Yes No 14 Does the project include a Section 106 of the National Historic Preservation Act (NHPA) effects determination other than a No Effect, including archaeological remains? ☐  15 Does the project involve GeoEnvironmental Sites of Concerns such as gas stations, dry cleaners, landfills, etc.? ☐  16 Does the project require work encroaching and adversely affecting a regulatory floodway or work affecting the base floodplain (100-year flood) elevations of a water course or lake, pursuant to Executive Order 11988 and 23 CFR 650 subpart A?  ☐ 17 Is the project in a Coastal Area Management Act (CAMA) county and substantially affects the coastal zone and/or any Area of Environmental Concern (AEC)? ☐  18 Does the project require a U.S. Coast Guard (USCG) permit? ☐  19 Does the project involve construction activities in, across, or adjacent to a designated Wild and Scenic River present within the project area? ☐  20 Does the project involve Coastal Barrier Resources Act (CBRA) resources? ☐  21 Does the project impact federal lands (e.g. U.S. Forest Service (USFS), USFWS, etc.) or Tribal Lands? ☐  22 Does the project involve any changes in access control or the modification or construction of an interchange on an interstate? ☐  23 Does the project have a permanent adverse effect on local traffic patterns or community cohesiveness? ☐  24 Will maintenance of traffic cause substantial disruption? ☐  25 Is the project inconsistent with the STIP, and where applicable, the Metropolitan Planning Organization’s (MPO’s) Transportation Improvement Program (TIP)? ☐  26 Does the project require the acquisition of lands under the protection of Section 6(f) of the Land and Water Conservation Act, the Federal Aid in Fish Restoration Act, the Federal Aid in Wildlife Restoration Act, Tennessee Valley Authority (TVA), ☐  v2019.1 EB-5844 Type I(A) CE Page 10 Tribal Lands, or other unique areas or special lands that were acquired in fee or easement with public-use money and have deed restrictions or covenants on the property? 27 Does the project involve Federal Emergency Management Agency (FEMA) buyout properties under the Hazard Mitigation Grant Program (HMGP)? ☐  28 Does the project include a de minimis or programmatic Section 4(f)? ☐  29 Is the project considered a Type I under the NCDOT Noise Policy? ☐  30 Is there prime or important farmland soil impacted by this project as defined by the Farmland Protection Policy Act (FPPA)? ☐  31 Are there other issues that arose during the project development process that affected the project decision? ☐  F. Additional Documentation as Required from Section F (ONLY for questions marked ‘Yes’): Question 8: - As noted under Special Project Information, one species (Northern long-eared bat, Myotis septentrionalis) has a current biological conclusion of unresolved, given that further surveys within their optimal survey periods are required in order to reach No Effect biological conclusions. That survey has been added as a Project Commitment. Question 10: - The study area falls within a 303(d) listed impaired stream (Chamber’s Branch – tributary to Cold Water Creek). In their comments submitted on February 18, 2020, the NC Department of Environmental Quality (NCDEQ), noted that surface waters classified as Water Supply IV Critical Areas (WS-IV CA) are located in the project study area. Therefore, hazardous spill catch basins will be required. NCDOT must strictly adhere to North Carolina Regulations entitled Design Standards in Sensitive Watersheds (15A NCAC 04B. 0124) throughout the design and construction of the project for any areas that drain to streams having WS CA (Water Supply Critical Area) classifications. NCDOT will ensure that appropriate notations are made in the erosion control plans for the project as they are developed and that the appropriate special provisions are included in the contract plans for construction. Question 16: - The project will encroach on base floodplains (100 year) as well as Special Flood Hazard Areas (SFHA) and floodways of Chambers Branch. It has been determined through the flood study, and review that the project qualifies for a FEMA “No-Rise” Certification, which was approved/received for the project on May 5, 2022. A USACE Nationwide 14 permit is now required for the project, and has been added as a Project Commitment. v2019.1 EB-5844 Type I(A) CE Page 11 G. Project Commitments (attach as Green Sheet to CE Form): NCDOT PROJECT COMMITMENTS STIP Project No. EB-5844 Proposed sidewalk for SR 2154 (Little Texas Road) from SR 1280 (Lane Street) to NC 3 (Dale Earnhardt Boulevard) in the City of Kannapolis, NC.Cabarrus County Federal Aid Project No. TAP-2154(003) WBS Element 47301.1.1 1.Biological survey for Northern long-eared bat (Myotis septentrionalis) must be conducted prior toconstruction, during the USFWS optimal survey window between May 1 and September 15.2.Caution is recommended for any ground disturbing activities during construction near CentergroveCemetery at the northeast corner of S. Little Texas Road and Dale Earnhardt Lane. Should anyunmarked remains be encountered, construction activities must cease and remains must beexamined by the county medical examiner in compliance with North Carolina General StatuteChapter 70, article 3.3.Because the project falls within a Water Supply Watershed Critical Area (WS CA), NCDOT mustadhere strictly to adhere to North Carolina Regulations entitled Design Standards in SensitiveWatersheds (15A NCAC 04B. 0124) throughout the design and construction of the project.Hazardous spill catch basins are also be required. NCDOT must ensure that appropriate notationsare made in the erosion control plans for the project as they are developed and that theappropriate special provisions are included in the contract plans for construction.4.The City of Kannapolis will coordinate with Concord-Kannapolis Area Transit to incorporate theirsystem wide bus stop design standards into this project, as applicable.5. The City of Kannapolis will coordinate with Kannapolis City Schools prior to letting the project toconstruction to avoid impacting bus routes.Kannapolis City Schools Superintendent – Dr. Chip BuckwellEmail - chip.buckwell@kcs.k12.nc.usPhone - 704-938-1131 6.An US Army Corps of Engineers Nationwide Permit 14 is required as project impacts to jurisdictional streams and wetlands fall within the threshold. An NCDEQ Water Quality Certification (401)will also be required prior to construction. v2019.1 EB-5844 Type I(A) CE Page 12 I.Categorical Exclusion Approval: STIP Project No. EB-5844 WBS Element 47301.1.1 Federal Project No. TAP-2154(003) Prepared By: 6/3/22 Date Michelle Suverkrubbe, AICP SEPI Engineering and Construction, Inc. Prepared For: Reviewed By: Date Jeff Burleson, Locally Administered Projects Engineer North Carolina Department of Transportation Date Joel Howard, Division Environmental Program Supervisor I North Carolina Department of Transportation Date Sean Epperson, Division Project Development Engineer North Carolina Department of Transportation ☐Approved •If NO grey boxes are checked in Section F (pages 2and 3), NCDOT approves the Type I or Type IICategorical Exclusion. ☐Certified •If ANY grey boxes are checked in Section F (pages 2and 3), NCDOT certifies the Type I or Type IICategorical Exclusion for FHWA approval.•If classified as Type III Categorical Exclusion. FHWA Approved: For Projects Certified by NCDOT (above), FHWA signature required. Date for John F. Sullivan, III, PE, Division Administrator Federal Highway Administration Note: Prior to ROW or Construction authorization, a consultation may be required (please see Section VII of the NCDOT-FHWA CE Programmatic Agreement for more details). Division 10, North Carolina Department of Transportation 06/03/2022 X 06/06/2022 06/06/2022 APPENDIX B STORMWATER MANAGEMENT PLAN (Version 3.00; Released August 2021) 47301.1 TIP/Proj No:EB-5844 County(ies):Cabarrus Page 1 of 2 TIP Number: Date: Phone: Phone: Email: Email: County(ies): CAMA County? No Design/Future: Year: Existing: Year: The EB-5844 project consists of adding sidewalk and curb & gutter along Little Texas Road and Ruth Avenue. Most of this sidewalk is proposed sidewalk, but the project also includes some repair/replacement of isolated section of existing sidewalk along the project. The typical section is a 4' planter at the back of curb with a 6' sidewalk. Some intersection design improvements will be included at Ruth Avenue and Little Texas Road. A pedestrian bridge will be included over Chamber's Branch to remove pedestrians from Little Texas Road. Permanent stream impacts were minimized at Chamber's Branch by using a single span greenway bridge instead of a culvert alternative. General Project Narrative: (Description of Minimization of Water Quality Impacts) The existing site is mainly open shoulder with existing roadway ditches. N/A Residential, Industrial, Commercial North Carolina Department of Transportation Highway Stormwater Program STORMWATER MANAGEMENT PLAN FOR NCDOT PROJECTS Project Type: 716 W. Main St.Address: General Project Information EB-584447301.1 Address: 5/31/2023 704-983-4461 Raleigh, NC 27603 Contractor / Designer: 919-624-5906 1 Glenwood Ave., Suite 600 bsteffen@transystems.com CabarrusKannapolis Project Built-Upon Area (ac.) N/A The proposed typical sections add curb and gutter and includes a berm between 5' to 17.5' for a proposed sidewalk that spans the project length. jaburleson@ncdot.gov Annual Avg Daily Traffic (veh/hr/day): Existing Site Project Length (lin. miles or feet): ac.ac. City/Town: 4.0 Typical Cross Section Description: Surrounding Land Use: No Wetlands within Project Limits? 2.6 2.01 mi. Project Description Proposed Project Yadkin-Pee DeeRiver Basin(s): Jeff Burleson Albemarle, NC 28001 WBS Element: Non-Road FacilityWBS Element: TranSystemsNCDOT Contact: (Version 3.00; Released August 2021) 47301.1 TIP/Proj No.:EB-5844 County(ies):Cabarrus Page 2 of 2 Aquatic T&E Species?No Comments: Yes N/A No Aquatic T&E Species?Comments: Yes No No Aquatic T&E Species?Comments: Yes No SA Buffer Rules in Effect: Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissipator Pads Provided in Buffer? UT to Unnamed Tributary to Coldwater Creek NCDWR Stream Index No.:13-17-9-4-2-(2) NCDWR Surface Water Classification for Water Body Primary Classification: None 13-17-9-4-2-(2) (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative)(If yes, provide justification in the General Project Narrative) Deck Drains Discharge Over Water Body? Other Stream Classification: Supplemental Classification: NCDWR Surface Water Classification for Water Body Primary Classification: Other Stream Classification: Surface Water Body (3): UT to Unnamed Tributary to Coldwater Creek NCDWR Stream Index No.: Primary Classification: Water Supply IV (WS-IV) None None (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative)(If yes, provide justification in the General Project Narrative) UT to Coldwater Creek Buffer Rules in Effect: Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissipator Pads Provided in Buffer?No Impairments:chlorophyll a NRTR Stream ID:SB Buffer Rules in Effect: None N/A NRTR Stream ID: Other Stream Classification: Impairments: Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissipator Pads Provided in Buffer? Deck Drains Discharge Over Water Body?(If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative)(If yes, provide justification in the General Project Narrative) Impairments: North Carolina Department of Transportation Highway Stormwater Program STORMWATER MANAGEMENT PLAN FOR NCDOT PROJECTS WBS Element: Supplemental Classification: Surface Water Body (2): Deck Drains Discharge Over Water Body?(If yes, provide justification in the General Project Narrative) NRTR Stream ID:N/A Surface Water Body (1): Chambers Branch NCDWR Stream Index No.:13-17-9-4-2-(2) General Project Information Supplemental Classification: Waterbody Information NCDWR Surface Water Classification for Water Body APPENDIX C PERMIT DRAWINGS A R T MEN N A S O H DE P T OF TRA SPORT TIO N TA TEOFN RT CAR O LI N A DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED 0 0 0 PROFILE (HORIZONTAL) PROJECT LENGTH RIGHT OF WAY DATE: LETTING DATE: STATE SEPI PROJECT REFERENCE NO. STATE PROJ. NO.F. A. PROJ. NO.DESCRIPTION NO.TOTALSHEETS N.C. SHEET SIGNATURE: SIGNATURE: P.E. P.E. PROJECT ENGINEER PROJECT DESIGN ENGINEER GRAPHIC SCALES PLANS PROFILE (VERTICAL) HYDRAULICS ENGINEER ENGINEER ROADWAY DESIGN LOCATION: TYPE OF WORK: 09 / 0 8 / 9 9 DIVISION OF HIGHWAYS STATE OF NORTH CAROLINA 0 00 6 / 8 / 2 0 23 ... \ EB_ 5 8 44 _ h y d _ p r m _t s h .d g n C O N T R A C T : Prepared in the Office of: VICINITY MAP See Sheet 1B For Conventional Symbols See Sheet 1-A For Index of Sheets US E R:b s t e f f e n 2018 STANDARD SPECIFICATIONS 1 PE T I P P R O J E C T : E B - 5 8 4 4 1020 20 40 40201020 1055 EB-5844 COUNTY LIMITS 4 5 6 7 8 12 13 14 15 16 17 18 21 11 TOTAL LENGTH TIP PROJECT EB-5844= 1.46 MILES (NOT TO SCALE) License: F-0453 Fax:919.789.9591 Tel:919.789.9977 Raleigh, NC 27603 1 Glenwood Avenue 19 601 3 29 29 29 TYLER NEAL, EI TO 11TH STREET D ALE EARN H ARD T BLVD -L- SR 2154 (Little Texas Road) LAN E ST. END PROJECT -Y- BEGIN PROJECT -L- STRUCTURE & DRAINAGE GRADING, PAVING, SIDEWALK, CURB AND GUTTER, RUTH AVENUE FROM LANE STREET (SR 2180) TO N LITTLE TEXAS ROAD (SR 2154) -L- Ruth Avenue BOULEVARD (SR 2126) TO RUTH AVENUE AND N LITTLE TEXAS ROAD (SR 2154) FROM DALE EARNHARDT -L- STA. 118+08.36 END TIP PROJECT EB-5844 -L- STA. 14+33.20 BEGIN CONSTRUCTION EB-5844 -L- STA. 10+00.00 BEGIN TIP PROJECT EB-5844 WATER CREEK/ LAKE CONCORD UNNAMED TRIBUTARY TO COLD -BR- TO I-85 TO NC-29 -Y- SR 2154 (Little Texas Road) KELLIE TASSELLI, PE 20 9 10 2.5 D T V K DESIGN DATA the plans. This is a partial controlled access project with access being limited to points shown on This project is within the municipal boundaries of Town or City. Clearing on this project shall be performed to the limits established by Method II. MAJOR COLLECTOR FUNC CLASS = ADT (2020) = 3800 ADT (2040)= 4640 = 40 MPH * TTST = UNKNOWN = UNKNOWN = UNKNOWN = UNKNOWN "SUB-REGIONAL" TIER PROJECT C-5502 DESIGN DEVELOPED UNDER (CABARRUS COUNTY) RUTH AVENUE SIDEWALK LITTLE TEXAS ROAD AND 7 5% PLAN S TAP-2154(003)47301.1.1 47301.1.2 TAP-2154(003) 47301.1.3 TAP-2154(003) ROW CON SITE 1 WETLAND AND SURFACE WATER IMPACTS PERMIT SHEET 1 OF 6 PERMIT DRAWING Lake Concord Lake Fisher S. Cannon S. Dr. Midlake Ave. Lane St. Lane St. China Grove Rd. Hileman Rd. Rd.Cline Independence Little Texas Rd. Jackson Rd. Park Brantley Rd. Blvd. Earnhardt W. "A"St. Vance St. Grove Rd. Center E. Universal St. Haven St. JennieLinn St. Hunter Ave. Clay St. KiserAve. Bostian Ave. Wright Ave. Ave. Florence Dr. Commonwealth Dr. Dalewood Ave. RavendaleSt. Oakdale Ave. Crosswinds Ct. St. Sides LarrySt.Breckenridge Rd. Sumner St. Rush Rd.Colony Dr.Hagler St. Frederick Ave. Ave. Rogers Ave. Ave.St. Windermire Dr.SheffieldAve. CarltonAve. Chambers Ave. HeritageCt. Pine Cape Ct. Forrestbrook RedleafRd. Windingbrook Dr.BrushwoodCt. Lake Fisher Dr. Dundee Dr. EdinburgDr. MiddaleSt. JamaicaRd. ShepardSt. IrisAve. Kingston Dr. SundaleSt. Beaumont Ave. SteepltonDr. EstherCir. Debbie Cir. TylerSt. Odessa St.St. El PasoSt. E.1st St. McBeth Dr.Tybeth Cir. OntarioAve. Waco Ave.BaldwinAve. Ft.Worth Ave. InezAve.Lakeview St.SkylandAve. Fairview St.CoronaAve. Coggins DixieDr.St.HillsideSt. KentSt.St. Dodge St. Irene Ave. Sweetgum St. PlumSt. TerraceDr. Peach St. St.Park St. NorlandAve. McLain Rd. Delane St. Barnett SearsSedanAve. CoachSt.St. Desoto Ave. BelairAve. EastwoodDr. Brook St. RussellSt. Prince St. Austin Ave. Browdis Ave. CaldwellSt. LandmarkDr. May St. SharonSt.Aggie Valwood St. VantageSt. Hyde St. LydiaSt. Leroy St. Utah St. Eastway Ave. Villa St. St.St.St. ValwoodValwoodCt.Ter. LyndonSt. Holland OpalAve. Rhode Island St. Indiana St. OnyxAve. BernardAve. Eddleman Rd. CottageRd. Brookshire St. Suburban Ave. CrestwoodCt. Yost Pennsylvania CabarrusDr. "E" St. CopelSt. Huron HudsonSt.Foster PineviewSt.St.PackardAve.James St. St. Center St.FrontSt. Cadillac St. St. SharpeAve. Flowe Ave. Celia S. Harding Wood Smith St.Johndy Ave. Melinda Ave. Isabelle Pearl Tuttlewood St. St. Nance St. Basin Ave. Idlewood Dr.Heather Dr. Betty St. Chipola St.Ruth Wisteria Ln.Wedge - wood SextonSt. St. Ave. Lee Ave. Rd. St. E. 5th E. 4th St.E. 3rd St. N. Ave. Rose S. Rose Ave. Ross Ave. Janie Helen St. E.2nd St.N. East Ave. S. East Ave. N. Ridge St. S. Ridge St.BrownHigh Dr.DenverSt. EllisSt. St. Knollwood Dr. York Ave. Jean St. KennedyAve. DebbieSt.Debbie St. Ave N. BaldwinS.Ave. St.Joseph St. DallasBryan St.Lindsay St. Hillcrest St. RuthSloop Mabel Louise Ave. Ave. Ave. Ave.Ave. VenusSt. HazelCentral McCombs Ave. McCombs Cole St.St. Dr. Cir.Edwards GenoaSt. McLain Rd. McLainRd.Ext. ForestParkDr.Forrestbrook Dr.Dr. GarnetSt.St. CambridgeAve. Carolina Ave. Penny Ave. V - 8Branch Ave.Meadow Ave. Oakshade Ave. CharlesSt. Chev - rolet Cadillac St.Chry - slerAve. Desoto Charles Ave. Ford St. Buick Ave. CenterSt. E. E. E. "C" "D" St. St. "F"E. St.YorkAve. OldCentergroveRd.SpringSt. Center View St. Laundry St. Walter Gem St. Wilson St. Ave.ReidSt. Lowe Ave. Hopedale Patterson Ave. Joe St. QueensGate Eatminister Dr. Patterson Ave. Clay St. Collins Ave. Earley St. Annex St. Tara Ave. Ave. Laura Carolyn Ave. Ave. Dr. Ave.Grace Ave. Marie Ave. NolaAve. Yates Ave. Horseshoe Cir.RaccoonRidgeTr. LakeDr. W.1stSt. St. Brook Ave. Nevada Ave.Coliseum Ave. Ave. West Ave. W. St."B" Ave. St. LincolnSt.OakshadeAve. WalterAve. ChapelSt. Dot Ave. Fairview St. VeronaSt. MessinaSt. Ridge St. S. TreigeSt. St. Earley Cir. Plymouth PlymouthSt. St. Cook Cook St. St. 2122 2000 2000 2000 2180 2202 2180 1766 1625 1706 1947 2154 2154 2198 2198 2118 2114 2114 2123 2119 16091927 1689 1920 1008 1008 1008 2290 2291 2126 McIver School (historical) Baycock School Brown School Cannon Junior High School Carver School Concord Centergrove Rd. 3 Cold Water Three Mile 29 29 29 FCA 601 Norfolk So ut hern 8 0 ° 3 5 ' .65 .93 .13.05 .04 .42 .29 .05 .05.27.05 .0427391308 1308 1238 1136 Kidd Moose Rd. Rd. China Main N. N. PoplarSt. Juniper W.7thSt. KellerAve.Ave.AlmaAve. WinfieldSt. Echerd Scott Joyce Bertha St. Woodlawn Englewood St. St. CenterfieldSt. St. Ave. Forest OakCir.N.LoopRd.N. Loop Rd. Poplar Ave. N.Walnut St. Juniper St.N. N.Walnut N.W.9th St.ChurchAve. W. 7th St. W.8th St. FirehouseDr. Brookdale St. SecuritySt.Floyd St. Sides Craven Goble Ingram Ave. Ave. Ave. Ave. Ave. Carolyn Ave. Laura Frances St. Evelyn Ave. WashingtonLn.Glenwood WoodlawnSt. St.BostianAve. Cora St.IsenhourSt. Glenwood St. St. St. ShadyOakCir.Mt.VernonAve. Keever Ave. Doris Hawthorne St. St. Grace Jimmy MarthaSt. Marie Ave. E.11th St. Louise Louise Ave.Rosemary Ave. St. Sloop Ave. E.10th St. Brookdale Woodlawn Jackson St. St. St. Mabel Ave. Mabel Ruth Ave. Ave.McCombsMapleAve. Washington Kath-erine Metro WorshipCenter Friendship Church Norfolk 29 LANE ST (SR 2180) LANE ST (SR 2180) VAR PAVED ROADWAY LITLE TEXAS ROAD (SR 2154)23' PAVED ROADWAY VAR PAVED ROADWAY VAR PAVED ROADWAY 20' PAVED ROADWAYBRANTLEY RD (SR 2000) 19' PAVED ROADWAY BRANTLEY RD (SR 2000) VAR PAVED ROADWAY 18' PAVED ROADWAY ROADWAY24' PAVED 20' PAVED ROADWAY DEBBIE CIR SHEPARD ST21' PAVED ROADWAY 24' PAVED ROADWAY KENNEDY AVE20' PAVED ROADWAY PAVED LOT 23' PAVED ROADWAYLITTLE TEXAS ROAD (SR 2154) EL PASO ST22' PAVED ROADWAY EL PASO ST17' PAVED ROADWAY 60" CONC WALK 60" CONC WALK EAST FIRST ST 21' PAVED ROADWAY 24' PAVED ROADWAY 60" CONC WALK 60" CONC WALKVAR PAVED DRIVE LITLE TEXAS ROAD (SR 2154)23' PAVED ROADWAY VAR PAVED ROADWAY ONTARIO DR VAR PAVED ROADWAY ONTARIO DR 17' PAVED ROADWAY 16' PAVED DRIVE60" CONC WALK 60" CONC WALK 60" CONC WALK MITCHELL GLEN ST 22' PAVED ROADWAY SUMMIT RIDGE LN22' PAVED ROADWAY DALE EARNHARDT BLVD (SR 2126) DALE EARNHARDT BLVD (SR 2126) 23' PAVED ROADWAYLITLE TEXAS ROAD (SR 2154)VAR PAVED ROADWAY 19' PAVED ROADWAY VAR PAVED ROADWAY 18' PAVED ROADWAY 36' PAVED ROADWAY FOREST PARK DR 19' PAVED ROADWAY VAR PAVED ROADWAYVALWOOD ST 60" CONC WALK 60" CONC WALK 60" CONC WALK 60" CONC WALK 60" CONC WALK VAR PAVED ROADWAY 22' PAVED ROADWAYMISSION TRIPP ST DALE EARNHARDT BLVD (SR 2126)LITLE TEXAS ROAD (SR 2154) STORM MANHOLE LITLE TEXAS ROAD (SR 2154)23' PAVED ROADWAY 24' PAVED ROADWAY CHAMBERS BRANCH CHAMBERS BRANCH LITTLE TEXAS ROAD (SR 2154)24' PAVED ROADWAY NAD 83/ 2001 NAD 83/ 2001 TS TS TEMPORARY SURFACE WATER IMPACTS SHEET 2 OF 6 PERMIT DRAWING ELEV. = 676.79' BEGIN GRADE -BR- STA. 10+00.00 ELEV. = 677.77' END GRADE -BR- STA. 13+84.43 PI = 10+95.00 EL = 674.39' (-)2.5266%(+)0.1124% VC = 60' K = 23 PI = 13+05.00 EL = 674.63' (+)0.1124%(+)3.9497% VC = 70' K = 18 REVISIO N S INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8 / 17 / 9 9 6/ 8/ 20 2 3 ...\ E B-5 8 44 _h yd_ p r m _ps h_8 .dg n USE R :b st e f f e n 0 20 401020 HALF SIZE SCALE: 1" = 40' FULL SIZE SCALE: 1" = 20' EB-58441 Glenwood Avenue Raleigh, NC 27603 Tel:919.789.9977 Fax:919.789.9591 License: F-0453 NAD 83/ 2001 5'5' 670 680 690 660 670 680 690 660 8 -BR- ELEVATION 672.2' EXCAVATION TO EMBANKMENT ELEVATION 672.2' EXCAVATION TO EMBANKMENT EXCAVATION CLASS 'B' RIP RAP LEGEND EST. 19 TONS; 40 SYGF CLASS 'I' RIP RAP EST. 15 TONS; EST. 35 SYGF CLASS 'I' RIP RAP ELEV. = 674.446' END BENT 1 STA. 11+45.12 ELEV. = 674.536' END BENT 2 STA. 12+25.12 EST. 13 CY ELEVATION=272.2' EXCAVATION TO EST. 10 CY ELEVATION=272.2' EXCAVATION TO BENT CAP ON 4'-0" END PREFABRICATED STEEL TRUSS PROPOSED 1@80' SKEW=90 DEGREES GP ELEV.=674.2' L STA. 11+85.12 -BR- EST. 19 TONS; EST. 40 SYGF 1-FT THICK CL. 'I' RIP RAP EST. 15 TONS; EST. 35 SYGF 1-FT THICK CL. 'I' RIP RAP C DESIGN DISCHARGEDESIGN FREQUENCY BASE DISCHARGE CFS YRS YRS BASE FREQUENCY OVERTOPPING ELEVATION OVERTOPPING FREQUENCY OVERTOPPING DISCHARGE CFS CFS YRS FT FT FT DESIGN HW ELEV. BASE HW ELEVATION BRIDGE HYDRAULIC DATA DATE OF SURVEY W.S. ELEVATIONAT DATE OF SURVEY FT = 1732= 25 = 675.6' = 2546 = 100 = 676.2' = 1170 = 5+ = 674.5' = October 2020 = 0.5 INSET 8A SITE 1 60" CONC WALK 30" C&G 30" C&G 60" CONC WALK MTL MTL 60" CONC WALK 60" CONC WALK 30" C&G 30" C&G 30" C&G 60" CONC WALK SEAT=672.33'BL-14 S S S S INV=675.66' INV=676.42' INV=676.48' 18" RCP 11 EOI EOI S S EOI EOT EOT N 76°41'49" W 164.87' EIP EIP N 09°50'08" E 110.01' S 80 °52'09" E 60.00' 20' SIDEWALK AND PDE EASEMENT W A W B WB WD WD WC WC S SS BRIDGE CONC/BST 672.31' SEAT= 671.29' SEAT= 672.28' SEAT= CHAMBERS BRANCH 45+00 .00 .01 .02 .02 .01 .00 10+00 F F F F C F C F C F F F F F C F F F F F F F TS TS TEMPORARY SURFACE WATER IMPACTS SHEET 3 OF 6 PERMIT DRAWING ELEV. = 676.79' BEGIN GRADE -BR- STA. 10+00.00 ELEV. = 677.77' END GRADE -BR- STA. 13+84.43 PI = 10+95.00 EL = 674.39' (-)2.5266%(+)0.1124% VC = 60' K = 23 PI = 13+05.00 EL = 674.63' (+)0.1124%(+)3.9497% VC = 70' K = 18 REVISIO N S INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO.8 / 17 / 9 9 6/ 8/ 20 2 3 ...\ E B-5 8 44 _h yd_ p r m _ps h_8 _c o n t o ur s .d g n USE R :b st e f f e n 0 20 401020 HALF SIZE SCALE: 1" = 40' FULL SIZE SCALE: 1" = 20' EB-58441 Glenwood Avenue Raleigh, NC 27603 Tel:919.789.9977 Fax:919.789.9591 License: F-0453 NAD 83/ 2001 5'5' 670 680 690 660 670 680 690 660 8 -BR- ELEVATION 672.2' EXCAVATION TO EMBANKMENT ELEVATION 672.2' EXCAVATION TO EMBANKMENT EXCAVATION CLASS 'B' RIP RAP LEGEND EST. 19 TONS; 40 SYGF CLASS 'I' RIP RAP EST. 15 TONS; EST. 35 SYGF CLASS 'I' RIP RAP ELEV. = 674.446' END BENT 1 STA. 11+45.12 ELEV. = 674.536' END BENT 2 STA. 12+25.12 EST. 13 CY ELEVATION=272.2' EXCAVATION TO EST. 10 CY ELEVATION=272.2' EXCAVATION TO BENT CAP ON 4'-0" END PREFABRICATED STEEL TRUSS PROPOSED 1@80' SKEW=90 DEGREES GP ELEV.=674.2' L STA. 11+85.12 -BR- EST. 19 TONS; EST. 40 SYGF 1-FT THICK CL. 'I' RIP RAP EST. 15 TONS; EST. 35 SYGF 1-FT THICK CL. 'I' RIP RAP C DESIGN DISCHARGEDESIGN FREQUENCY BASE DISCHARGE CFS YRS YRS BASE FREQUENCY OVERTOPPING ELEVATION OVERTOPPING FREQUENCY OVERTOPPING DISCHARGE CFS CFS YRS FT FT FT DESIGN HW ELEV. BASE HW ELEVATION BRIDGE HYDRAULIC DATA DATE OF SURVEY W.S. ELEVATIONAT DATE OF SURVEY FT = 1732= 25 = 675.6' = 2546 = 100 = 676.2' = 1170 = 5+ = 674.5' = October 2020 = 0.5 INSET 8A SITE 1 60" CONC WALK 30" C&G 30" C&G 60" CONC WALK MTL MTL 60" CONC WALK 60" CONC WALK 30" C&G 30" C&G 30" C&G 60" CONC WALK SEAT=672.33'BL-14 S S S S INV=675.66' INV=676.42' INV=676.48' 18" RCP 11 EOI EOI S S EOI EOT EOT N 76°41'49" W 164.87' EIP EIP N 09°50'08" E 110.01' S 80 °52'09" E 60.00' 20' SIDEWALK AND PDE EASEMENT W A W B WB WD WD WC WC S SS BRIDGE CONC/BST 672.31' SEAT= 671.29' SEAT= 672.28' SEAT= CHAMBERS BRANCH 45+00 .00 .01 .02 .02 .01 .00 10+00 66 7.0 667 .0 6 6 7 . 0 668.0 668.0 6 69 .0 6 6 9 .0 6 69.0 6 7 0. 0 67 0.0 6 7 0 .06 7 0 .0 670.0 670.0 6 7 0. 0 6 7 0 . 0671.0 671.0 67 1.0 67 1.0 6 7 1. 0 6 7 1.0 671.0 6 7 1. 0 6 7 1.0 672.067 2.0 672.0 672.0 6 7 2. 0 672.0 6 7 2 .0 672.0 67 2.0 672.0 672.0 6 7 2. 0 673.0 673.0 673.0 673.0 673 .0 673.0 674.0 67 4 .0 674.0674.0 674.0 674.0 674.0 675.0 675.0 675.0 675.0 675.0 675.0 675.0 675.0 6 75.0 675.0 675.0 675.0 675.0 675.0 6 7 5 .0 675.0 675.0 676.0 676.0 676.0 676.0 676.0 6 7 7 . 0 677.0 6 7 7. 0 677.0 677.0 678.0 678.0 678.0 678.0 678.0 6 7 8 . 0 679.0 680.0 F F F F C F C F C F F F F F C F F F F F F F TS TS TEMPORARY SURFACE WATER IMPACTS DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED REVISIO N S HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO. SHEET NO.PROJECT REFERENCE NO. 6/ 8 / 2 02 3 ...\ E B - 58 4 4_ h yd _p r m_p s h_ 8 A.d g n USER :b st e f f e n 8 / 17 / 99 INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED 1 Glenwood Avenue Raleigh, NC 27603 Tel:919.789.9977 Fax:919.789.9591 License: F-0453 8AEB-5844 0 20 401020 FULL SIZE SCALE: 1" = 20' SITE 1 SHEET 4 OF 6 PERMIT DRAWING ELEVATION 672.2' EXCAVATION TO EMBANKMENT ELEVATION 672.2' EXCAVATION TO EMBANKMENT EST. 19 TONS; 40 SYGF CLASS 'I' RIP RAP EST. 15 TONS; EST. 35 SYGF CLASS 'I' RIP RAP INSET 8A 60" CONC WALK 30" C&G 30" C&G 60" CONC WALK MTL MTL 60" CONC WALK 30" C&G SEAT=672.33'BL-14 S S S S EOI EOI S S EOI EOT 20' SIDEWALK AND PDE EASEMENT WD WC BRIDGE CONC/BST 672.31' SEAT= 671.29' SEAT= 672.28' SEAT= 45+00 .0 0 .0 1 .02 .0 2 .0 1 .0 0 NAD 83/ 2001 C F C F C F F F F F TS TS TEMPORARY SURFACE WATER IMPACTS DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED REVISIO N S HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER R/W SHEET NO. SHEET NO.PROJECT REFERENCE NO. 6/ 8 / 2 02 3 ...\ E B - 58 4 4_ h yd _p r m_p s h_ 8 A_c on t o ur s .dg n USER :b st e f f e n 8 / 17 / 99 INCOMPLETE PLANS DO NOT USE FOR R/W ACQUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED 1 Glenwood Avenue Raleigh, NC 27603 Tel:919.789.9977 Fax:919.789.9591 License: F-0453 8AEB-5844 0 20 401020 FULL SIZE SCALE: 1" = 20' SITE 1 SHEET 5 OF 6 PERMIT DRAWING ELEVATION 672.2' EXCAVATION TO EMBANKMENT ELEVATION 672.2' EXCAVATION TO EMBANKMENT EST. 19 TONS; 40 SYGF CLASS 'I' RIP RAP EST. 15 TONS; EST. 35 SYGF CLASS 'I' RIP RAP INSET 8A 60" CONC WALK 30" C&G 30" C&G 60" CONC WALK MTL MTL 60" CONC WALK 30" C&G SEAT=672.33'BL-14 S S S S EOI EOI S S EOI EOT 20' SIDEWALK AND PDE EASEMENT WD WC BRIDGE CONC/BST 672.31' SEAT= 671.29' SEAT= 672.28' SEAT= 45+00 .0 0 .0 1 .02 .0 2 .0 1 .0 0 6 6 7 . 0 6 6 7 .0 6 6 8 .0 6 68 .0 6 6 9 .0 6 6 9 .0 6 7 0 . 0 6 7 0 .0 6 7 0 .0 6 7 0 . 0 6 7 0 . 0671.0 671.0 6 7 1.0 6 7 1 . 0 6 7 1. 0 6 7 1. 0 6 7 2 . 0 6 7 2 . 0 6 7 2 .0 6 7 2 . 0 672.0 6 7 2 .0 6 7 2 . 0 673.0 6 7 3 .0 6 7 4 . 0 674.0 674.0 675.0 675.0 675.0 6 7 5. 0 675.0 6 7 5 . 0 675.0 NAD 83/ 2001 C F C F C F F F F F Hand Existing Existing Permanent Temp. Excavation Mechanized Clearing Permanent Temp. Channel Channel Natural Site Station Structure Fill In Fill In in Clearing in SW SW Impacts Impacts Stream No. (From/To) Size / Type Wetlands Wetlands Wetlands in Wetlands Wetlands impacts impacts Permanent Temp. Design (ac) (ac) (ac) (ac) (ac) (ac) (ac) (ft) (ft) (ft) 1 11+70 TO 11+99 -BR- Bridge Excavation and < 0.01 36 Floodplain Bench Stabilization TOTALS*: < 0.01 0 36 0 *Rounded totals are sum of actual impacts NOTES: Revised 2018 Feb SHEET 6 OF 6 WETLAND AND SURACE WATER IMPACTS SUMMARY WETLAND IMPACTS SURFACE WATER IMPACTS Cabarrus County EB-5844 47301.1.1 NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 06/08/2023 .008 .008 APPENDIX D PRELIMINARY JURISDICTIONAL DETERMINATION U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00260 County: Cabarrus U.S.G.S. Quad: NC- Concord NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: City of Kannapolis Elizabeth Hassenfritz Address: 401 Laureate Way Kannapolis, NC 28081 Telephone Number: 704-920-4235 E-mail: ehassenfritz@kannapolisnc.gov Size (acres) 31.8 Nearest Town Kannapolis Nearest Waterway Long Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.487193 Longitude: -80.602138 Location description: The review area is located 100 feet North of the intersection of Mission Trip St and S Little Texas Rd in Cabarrus County. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, 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). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 1/2/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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 Corps district for further instruction. There appear to be waters, including wetlands on the above described project area/property, 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). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described project area/property 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 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. There are waters, including wetlands on the above described project area/property 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. We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2020-00260 The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. 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. There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or Catherine.M.Janiczak@usace.army.mil. C.Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 03/11/2020. D.Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps 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: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps 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 Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: ______________________________________________________ Date of JD: 03/11/2020 Expiration Date of JD:Not applicable mit an RFA form to the Division Office if yo ____________________________________ Eiti DtfJDNt li bl SAW-2020-00260 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Robert Lepsic, PWN Address: 1 Glenwood Avenue, Suite 600 Raleigh, NC 27603 Telephone Number: 919-747-5857 E-mail: blepsic@sepiinc.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: City of Kannapolis, Elizabeth Hassenfritz File Number: SAW-2020-00260 Date: 03/11/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) 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 or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. x 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. x 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 x 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. x 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 Corps of Engineers 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 Corps of Engineers 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. x ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps 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. x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers 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 Corps 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 Corps district for further instruction. Also you may provide new information for further consideration by the Corps 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 Corps 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 Corps 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 appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Catherine M. Janiczak Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers 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. ________________________________________ Signature of appellant or agent. Date: Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 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 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 03/11/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: City of Kannapolis, Elizabeth Hassenfritz, 401 Laureate Way,Kannapolis, NC 28081 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, City of Kannapolis Sidewalk Project PJD, SAW-2020-00260 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 100 feet North of the intersection of Mission Trip St and S Little Texas Rd in Cabarrus County. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Cabarrus City: Kannapolis Center coordinates of site (lat/long in degree decimal format): Latitude: 35.487193 Longitude: -80.602138 Universal Transverse Mercator: Name of nearest waterbody: Long Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): 03/09/2020 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource “may be” subject (i.e., Section 404 or Section 10/404) SA 35.482033 -80.602043 371.5 linear feet Non-wetland Sec. 404 SB 35.482261 -80.602565 404.4 linear feet Non-wetland Sec. 404 Unnamed Trib to Coldwater Creek 35.483158 -80.602285 441.3 linear feet Non-wetland Sec. 404 WA 35.483008 -80.602158 1.4 acres Wetland Sec. 404 WB 35.482327 -80.60198 0.3 acres Wetland Sec. 404 WC 35.483163 -80.601018 0.4 acres Wetland Sec. 404 WD 35.482556 -80.6011055 0.7 acres Wetland Sec. 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figure 2 (Dated January 2, 2020) Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. Officedoesnotconcurwithdatasheets/delineation report. Rationale: Data sheets prepared by the Corps: Corpsnavigablewaters'study: U.S. Geological Survey Hydrologic Atlas: USGS NHD data. USGS 8 and 12 digit HUC maps. U.S.Geological Survey map(s).Citescale&quadname: Concord, NC (2019) Natural Resources Conservation Service Soil Survey. Citation: Cabarrus County Online Soil Survey Nationalwetlands inventorymap(s). Citename: State/localwetland inventorymap(s): FEMA/FIRMmaps: 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) Photographs:Aerial (Name &Date):Figure 2 (Dated January 2, 2020) or Other (Name&Date): Previous determination(s). File no. and date of response letter: Otherinformation(pleasespecify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD 03/11/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Signature and date of Regulatory ff b li PJD Unnamed Tributary to Cold Water Creek (Lake Concord) U T to C o l d W at e r C r e ek ( L a k e C o n c ord) Study Area Potentially Jurisdictional Wetlands Potentially Jurisdictional Streams - Intermittent Potentially Jurisdictional Streams - Perennial Culvert This Exhibit is for planning purposes only and shown hereindoes not meet NC 47-30 Requirements and therefore is notfor design, construction, or recording or transfer of title. TheExhibit was compiled from available information obtainedfrom the sources listed below. Sources:NCDOT, NC OneMap, ESRI January 2020 I EB-5844 Little Texas Road Sidewalk City of Kannapolis, Cabarrus County, NC Figure 2. Jurisdictional Features 0 1,000 2,000 3,000500Feet UT t o C o ldw a ter C r e ek SB SA SA WA WD WC WB APPENDIX E NCSHPO SCOPING LETTER RESPONSE STATE NUMBER: 20-E-0000-0148 DATE RECEIVED: 01/14/2020 AGENCY RESPONSE: 02/10/2020 REVIEW CLOSED: 02/13/2020 Due: 01/28/2020 Due: H-- C9iffs V\k'r ER 20-0086, NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW COUNTY: CABARRUS H12: OTHER Received: 01/17/2020 Historic Preservation Office MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORDINATOR DEPT OF NATURAL & CULTURAL RESOURCE STATE HISTORIC PRESERVATION OFFICE MSC 4617 - ARCHIVES BUILDING RALEIGH NC REVIEW DISTRIBUTION CENTRALINA COG DEPT OF ENVIRONMENTAL QUALITY DEPT OF NATURAL & CULTURAL RESOURCE DEPT OF TRANSPORTATION DNCR - NATURAL HERITAGE PROGRAM DPS - DIV OF EMERGENCY MANAGEMENT PROJECT INFORMATION APPLICANT: City of Kannapolis TYPE: National Environmental Policy Act Scoping DESC: Proposed project is for the construction from Lane Street to Dale Earnhardt Blvd. approximately 2.1 miles and will include of sidewalks along Little Texas Road The sidewalk project will be ADA compliant ramps and curb and gutter. The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301. If additional review time is needed, please contact this office at (919)807-2425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: 0 NO COMMENT KI COMMENTS ATTACHED SIGNED BY: DATE: ( 4, JAN 2 1 2020 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 January 29, 2020 Robert Lepsic rlepsic@sepiinc.com SEPI Inc. Glenwood Avenue Suite 600 Raleigh, NC 27603 Re: Proposed Little Texas Road Sidewalk (EB-5844), City of Kannapolis, Cabarrus County, ER 19-0086 Dear Mr. Lepsic: Thank you for your letter of January 2, 2020, concerning the above-referenced project. We have reviewed the information provided and offer the following comments: The project area is considered as having relatively low probability for containing a significant, intact National Register of Historic Places (NRHP) eligible archaeological site. No archaeological survey is recommended. However, the Centergrove Cemetery, which is located along the east side of Little Texas Road, is located immediately adjacent to the project area. Although there is a low likelihood of burials being impacted by sidewalk construction, we recommend caution if ground-disturbing activities are to take place near the cemetery. Please note that cemeteries are protected under NC General Statutes Chapter 14-148 and 14-149 and are afforded consideration under Chapter 65. If unmarked human skeletal remains are encountered during construction, the provisions of North Carolina General Statute Chapter 70, Article 3 apply. Construction activities should immediately cease, and the county medical examiner should be contacted. We have determined that the project as proposed will not have an effect on any historic structures. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Cc: Michelle Suverkrubbe msuverkrubbe@sepiinc.com APPENDIX F FEMA COMPLIANCE DOCUMENTATION From:Elizabeth H. Hassenfritz To:Kellie Tasselli Subject:RE: EB-5844 - Little Texas Sidewalk - (FOLLOW UP FROM 5/10 MTG.) Date:Friday, May 19, 2023 11:35:43 AM Attachments:image001.png image002.png image003.png image004.png image005.png Kellie, Item 3 below – the City’s floodplain manager approved the no-rise study in May 2022. Nothing else is required. NCDOT is aware. Beth From: Kellie Tasselli <ktasselli@transystems.com> Sent: Friday, May 12, 2023 11:15 AM To: Elizabeth H. Hassenfritz <ehassenfritz@kannapolisnc.gov> Subject: EB-5844 - Little Texas Sidewalk - (FOLLOW UP FROM 5/10 MTG.) CAUTION: This email originated from outside the City of Kannapolis email system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Beth, A few follow up items after our meeting this week. 1. I’ve attached the Pavement Report from F&R. I still need to go through and verify that all NCDOT Geotech comments from the 60% review have been addressed. 2. I’ve touched based with our Survey Manager, who is getting started on RW exhibits. He will be meeting with the CAD Tech next week and producing a proposed delivery schedule. I’m hopeful that we can produce ~5-10 exhibits per week. Assuming 85 parcels (scope of services document), this work can hopefully be completed in 9-12 weeks, with interim deliverables in between. I’ll send you a proposed schedule next week. 3. I’ve attached an email chain from Brian Steffan, our Water Resources engineer. There seems to be a history of a back-and-forth on who would be approving the MOA. Will the MOA be handled by City of Kannapolis Floodplain Administrator? Or will it be going to NCDOT? This item still has a chance to impact schedule. Hope you have a great weekend. Kellie Kellie​ Tasselli, PE Transportation Engineer/Project Manager ____________________________________________ c: 919-451-0531 | d: 919‑573‑9925 TranSystems 1 Glenwood Ave Suite 600 | Raleigh, NC 27603 www.transystems.com [facebook.com][twitter.com][linkedin.com][instagram.com] ​ Note: The information contained in this transmission as well as all documents transmitted herewith are privileged and confidential information. This information is intended only for the use of the individual or entity to whom it was sent, and the recipient is obliged to protect this information as appropriate. If the recipient of the e-mail, and/or the documents attached is not the intended recipient, you are hereby notified that any dissemination, distribution or reproduction, copy, or storage of this communication is strictly prohibited. Thank you. 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