Loading...
HomeMy WebLinkAbout20240265 Ver 1_BP9.R006 Cover Letter w_Attachments_021324_20240214s SrA�TEo, STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR February 13, 2024 Mr. Steve Brumagin U.S. Army Corps of Engineers 8430 University Executive Park Drive Charlotte, NC 28262 J.R. "JOEY" Homms SECRETARY SUBJECT: Pre -Construction Notification Pursuant to Nationwide Permit 913 NCDOT Division 9 Bridge Replacement Program Project Bridge No. 246 on SR 2351 (Flat Swamp Rd) over Lick Creek (Class WS-IV), Davidson County, NC Dear Mr. Brumagin We are requesting a Section 404 Nationwide Permit (NWP) 13 authorization for work associated with the replacement of Bridge No. 246 with a new bridge at the same location over Lick Creek (Class WS-IV) on SR 2351(Flat Swamp Road) in Davidson County (Attachment A and B). The project will permanently impact 51 linear feet of Lick Creek for bank stabilization (Attachment Q. There will be 62 linear feet of temporary stream impacts associated with the installation of a water line. No mitigation is proposed since the permanent bank stabilization impacts are not a loss of water. The existing bridge is a 2 @ 45-foot, 3.5-inch span precast prestressed concrete cored slabs. The replacement bridge is proposed to be a two span bridge with one 70-foot, 24-inch cored slab and one 35-foot, 24-inch cored slab structure with 11-foot travel lanes and paved shoulders ranging between four to five feet in width. The drainage is comprised of a traffic bearing flat grade with 15" pipes that outlets into a riprap pad. The existing bridge will be removed. There will be no wetland impacts. Section 106 Section 106 of the National Historic Preservation Act of 1966 requires Federal agencies to take into account the efforts of their undertakings on historic properties. NCDOT Cultural Resource staff reviewed the project for Historic Architectural and Archaeological Resources. A No Survey Required Form for Historic Architecture and Landscapes was provided by a NCDOT Architectural Historian on March 11, 2020. A No Archaeology Survey Required Form was provided by the NCDOT Archaeologist on April 4, 2020 (Attachment D). A letter was sent to the Catawba Indian Nation informing them of the proposed bridge replacement project on March 4, 2020 (Attachment D). No response was received from the Catawba Indian Nation. Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION 9 375 SILAS CREEK PARKWAY WINSTON-SALEM, NC 27127 Telephone: (336) 747-7800 Fax: (336) 703-6693 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 375 SILAS CREEK PARKWAY WINSTON-SALEM, NC 27127 Protected Species The U.S. Fish and Wildlife Service's (USFWS) Information for Planning and Consultation (Impact) website lists Schweinitz's sunflower (Helianthus schweinitzii), as endangered. Additionally, the tricolored bat (Perimyotis subflavus - PESU) has been proposed endangered and is included although the species is not currently protected. A habitat assessment and structure survey was conducted on June 30, 2022 and a Bridge Survey for Bats Memo was prepared along with a Section 7 Concurrence Request for tricolored bat (Attachment F). The action area for the project includes woody habitats that qualify as suitable habitat for PESU. There is one perennial stream that will be impacted by the project. Therefore, PESU foraging, commuting, and roosting behaviors may be impacted by project construction. The Section 7 Concurrence Request for tricolored bat is requesting a biological conclusion of "May Affect -Not Likely to Adversely Affect" be rendered for tricolored bat. There is habitat in the study area for Schweinitz's sunflower. No Schweinitz's sunflowers were found during field surveys of the study area conducted on October 26, 2022. A search of the North Carolina Natural Heritage Program (NCNHP) database, accessed January 25, 2024, found no occurrences of Schweinitz's sunflower within 1.0 mile of the study area. A biological conclusion of "May Affect, Not Likely to Adversely Affect" was reached for Schweinitz's sunflower. Bald eagles are protected under the Bald and Golden Eagle Protection Act. A desktop-GIS assessment of the study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits was performed by NCDOT on February 13, 2017 and determined that this project would not affect this species. Additionally, a review of the NCNHP database on June 5, 2023 revealed no known occurrences of this species within 1.0 mile of the study area. If you have any questions, comments or need additional information after reviewing this material please contact me at (336) 747-7802. Thank you for your cooperation in this matter. Sincerely, Amy Euliss Division 9 PDEA Engineer, NCDOT Attachment A — Preliminary Jurisdictional Delineation & SAW No. 2020-00258 Attachment B — Representative Photographs use signed copy Attachment C — Permit Drawings with Stormwater Management Plan https:// Attachment D — Historic Architecture and Landscapes No Survey Required Forn connect.ncdot.gov Archaeological No Survey Required Form; Tribal Coordination /site/ Attachment E — Minimum Criteria Determination Checklist Attachment F — Section 7 Concurrence Request for the Tricolored bat & Sch sunflower; Bridge Survey for Bats Memo Preconstruction/ division/ div09/17BP.9.R.9 2%20Bridge% 20246% 20Davidson/ Natural% 20Environment/ 1 7BP.9.R.92_PJD %20package% 2011.15.19.ndf NCDOT Division 9 Bridge Replacement Bridge 246 on SR 2351 (Flat Swamp Road) over Lick Creek— PCN for NWP 14 Attachment A Preliminary Jurisdictional Delineation & SAW No. 2020-00258 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR November 15, 2019 U. S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 ATTN: Ms. Nicholle Braspennickx NCDOT Division 9 Coordinator JAMEs H.TROGDON, III SECRETARY SUBJECT: Preliminary Jurisdictional Determination Package: WBS No. 17BP.9.R.74: Replace Bridge No. 246 on SR 2351 (Flat Swamp Road) over Lick Creek in Davidson County, North Carolina. Ms. Braspennickx The North Carolina Department of Transportation (NCDOT) proposes the replacement of Bridge No. 246 on SR 2351 (Flat Swamp Road) over Lick Creek in Davidson County, North Carolina. Below and attached are a brief description of the project, figures depicting all features, and appropriate forms. On July 9 and September 18, 2019, WSP USA (WSP) Environmental Scientists Caleb Sullivan and Amanda Johnson conducted a site investigation (Figure 1). One potential jurisdictional feature, a potential stream, was identified in the study area (Table 1; Figures 2 and 3). A North Carolina Division of Water Resources (NCDWR) Stream Identification form was not completed for the potential stream because it is shown as a named perennial stream on United States Geological Survey (USGS) topographic maps and jurisdictionality was obvious. No potential open waters or wetlands were identified in the study area. A United States Army Corps of Engineers (USACE) wetland determination form is included to document upland conditions in the study area. Table 1: Potential jurisdictional stream in the study area Map Stream Length NCDWR Best Usage Compensatory River Basin ID Name (feet) Classification Index Number Classification Mitigation Buffer Required SA Lick Creek 217 Perennial 12-126-(3) WS-IV Yes Not Subject Telephone: (336) 747-7800 NC DEPARTMENT OF TRANSPORTATION Customer Service: 1-877-368-4968 375 SILAS CREEK PARKWAY DIVISION OF HIGHWAYS — DIVISION 9 Website: www.ncdot.gov WINSTON-SALEM, NC 27127 If you have any questions, require additional information, or would like to schedule a site visit, please contact me at (336) 747-7800 or by email at aeuliss@ncdot.gov. This is a request for concurrence with our assessment. We appreciate your assistance on this project. Sincerely, Amy Euliss North Carolina Department of Transportation Highway Division 9 Cc: Dave Wanucha, NCDWR Corps Submittal Cover Sheet Please prof idc tilt fo110%. ill irlfo: 1 . Project Itiarne Bridge No.246 on SR 2351 over Lick Creek (17BP.9.R.92) 2of Property O ner; _applicant: NCDOT Division 9 Itialnt of Consultant,_ cent: WSP USA/Adam Karagosian, PWS au'hmiyatio: 4. RelatL(i I'1-ev ions Action ED nulnbcr(s): 5. Site Adciress: Flat Swamp Road 6. Subdli ision -Nalnc: City: Denton S. county: Davidson g• Lat: 35.637086 Loner:-80.150872 (Decimal Dew Les Please } 10. Quadranalc Namc: Grist Mountain 11. �'atci��av: Lick Creek t2. Watershed: HUC 03040103 t3. Requesteci action: -Nation«ide Pennit General Pcrmit aJrsdctoal Leteninatinn �cglcst iiiPreliminary Jurisdictional Determination Prc-Application Request The following infonnation NI,111 be completed by Corps office: ?.ID: Prepare File Folder Asslgn number in OR -NI tithorication: Section 10 Seetio_i 404 Project Dc cription;' \Tatum of Activity,." Project Purpose: Sitc.iWaters Itiarnit: Ktr,vofds. Bc-in Date urisdictional Determination Reauest US Army Cwpai of En0lnnern Allmngim District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: Flat Swamp Road City, State: County: Denton, NC Davidson Parcel Index Number(s) (PIN): Multiple B. REQUESTOR INFORMATION Name: Amv Euliss Mailing Address: 375 Silas Creek Parkway Telephone Number: Electronic Mail Address: Select one: Winston-Salem, NC 27127 336-747-7800 aeuliss@ncdot.gov ❑ I am the current property owner. ❑ I am an Authorized Agent or Environmental Consultanti ❑ Interested Buyer or Under Contract to Purchase ❑✓ Other, please explain. NCDOT Representative C. PROPERTY OWNER INFORMATION' Name: Multiple Owners Mailing Address: Telephone Number: Electronic Mail Address: ' Must provide completed Agent Authorization Form/Letter. z Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: ❑ Owner ❑ Authorized Agents Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. 0 I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One) 7 I am requesting that the Corps provide a preliminM JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 2.8 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.637086 Longitude:-80.150872 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I Ix17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Form'. F4 Vicinity Map zAerial Photograph z USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑ NC Division of Water Resources Stream Identification Forms hJ Other Assessment Forms ' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf 8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 11 /12/19 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Amy EUIISs, NCDOT Division 9 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: 375 Silas Creek Parkway, Winston-Salem, NC 27127 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Davidson City: Denton Center coordinates of site (lat/long in degree decimal format): Lat.: 35.637086 Long.:-80.150872 Universal Transverse Mercator: Name of nearest waterbody: Lick Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ■❑ Field Determination. Date(s): 9/18/19 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 resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (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 35.637011 -80.150919 217 If Non -wetland waters Section 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: AGENT AUTHORIZATION FORM NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Project Name: Bridge No. 246on SR 2351 over Lick Creek Project Number: No.17BP.9.R.92 Date: September 2019 The North Carolina Department of Transportation, undersigned, does hereby authorize: The Professional Engineers and Scientists WSP USA of (Contractor/Agent) (Name of Consulting Firm) To act on our behalf and take all actions necessary for the processing, issuance, and acceptance of this permit or certification and any and all standard and special conditions attached. NCDOT Highway Division 9 375 Silas Creek Parkway Winston Salem, NC 27127 (336) 747-7800 I hereby acknowledge the above information submitted in this application is true and accurate to the best of my knowledge. Amy Euliss NCDOT Division 9 Environmental Officer Date 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: 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: USGS The National Map ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ■❑ Aerial (Name & Date): Esri Aerial Imagery, 2018 or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 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 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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. Waters Upload Sheet Waters Name HGM_Code Waters_Type Latitil fit...1P Local Waterway Lick Creek (SA) NORTH CAROLINA R21LIB RIVERINE Linear 217 FOOT RPW 35.63704500 -80.150979 h CcOdP Ln Or czzbaeg`y4mA R" $10. vmp '00 Wo Q 6 Legend Study Area (2.8 ac.) Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, 0 1,000 2,000 NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri Feet (Thailand), NGCC, © OpenStreetMap contributors, and the GIS User Community Vicinity Map Bridge No. 246 on SR 2351 over Lick Creek Project No. 17BP.9.R.92 of rp #+ November 2019 Figure 1 Davidson County, North Carolina TT Notes: +' ti Y1 ? f'{. �� 1#..rr 1p - Jurisdictional Waters of the U.S. were delineated4, in the study area on July 7 and September 18, 2019. ; i +�'+ f• ' ��•- -Y;r y` -` '- 'll - This map is intended for planning purposes only. ,' /„ ,t }+ f , - This map is not intended for design, construction, '. or purposes. legal ur g p p 40 1%F/-� rr I ' j, •-41� r r fil 'rr` '�r'i.r. " . ate' SA (Lick Creek) Y 217 If '� �•'� ��t� � R i2 La. 1§a I Ll, AV 3rY+�, y Ail Le ` }� 4 7►f 'i , {•'� }• ` f r R �Y �.7 'y,(y. . fi {+,, rY •f ^i ]- � _' } F� i IlIF�TT .r ',_f '�{ tiK_- k,�.f�, ;. Legend Study Area (2.8 ac.) * �. # *' .;, L ' •�- f,r; Potential Non -wetland Waters of the U.S. Upland Data Point r Stream Flow Direction it 0 100 200 Feet " r. r *,*.r 't Source: Esri Aerial Imagery dated 2/3/18 Rr � 14 Potential Jurisdictional Features Map Figure 2 Bridge No. 256 on SR 2351 over Lick Creek Project No. 17BP.9.R.92 November 2019 "oF,�+° Davidson County, North Carolina Notes: - Jurisdictional Waters of the U.S. were delineated in the study area on July 7 and September 18, 2019. - This map is intended for planning purposes only. - This map is not intended for design, construction, or legal purposes. N 0 100 200 Feet 4 r i Source: USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems; U.S. Census Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S. Department of State Humanitarian Information Unit; and NOAA National Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed October 2018. �' USGS Topographic MapFigure 3 CID g,ITBrid a No. 256 on SR 2351 over Lick Creek `' Project No. 17BP.9.R.92 AN November 2019 C)FTHA Davidson County, North Carolina U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.• See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Bridge No. 246 on SR 2351 over Lick Creek City/County: Davidson Sampling Date: 9/18/19 Applicant/Owner: NCDOT State: NC Sampling Point: Upl A Investigator(s): A. Johnson & C. Sullivan Section, Township, Range: Denton Landform (hillside, terrace, etc.): flat Local relief (concave, convex, none): None Slope (%): 0-5 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.636828 Long:-80.150454 Datum: NAD83 Soil Map Unit Name: OkA - Oakboro silt loam, 0 to 2% slopes, frequently flooded NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) —Surface Water (Al) —True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) —Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) —Iron Deposits (135) —Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (B13) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Wetland hydrology not present at this location. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Upl A Absolute Uominant Indicator Tree Stratum (Plot size: 30' ) % Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are OBL, FACW, or FAC: 5 (A) 3. Total Number of Dominant 4. Species Across All Strata: 5 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 2 x 1 = 2 Sapling/Shrub Stratum (Plot size: 15' ) FACW species 26 x 2 = 52 1. Fraxinus pennsylvanica 2 Yes FACW FAC species 19 x 3 = 57 2. Acerrubrum 2 Yes FAC FACU species 0 x 4 = 0 3. Quercus laurifolia 1 Yes FACW UPL species 0 x 5 = 0 4. Column Totals: 47 (A) ill (B) 5. Prevalence Index = B/A = 2.36 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is <_3.0' 5 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 3 20% of total cover: 1 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5' ) _ Problematic Hydrophytic Vegetation' (Explain) 1. Carex intumescens 20 Yes FACW 'Indicators of hydric soil and wetland hydrology must 2. Dichanthelium acuminatum 15 Yes FAC be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Mikania scandens 2 No FACW 4. Lycopus virginicus 2 No OBL Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Juncus effusus 1 No FACW more in diameter at breast height (DBH), regardless of 6. Toxicodendron radicans 1 No FAC height. 7. Campsis radicans 1 No FAC Sapling/Shrub -Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 42 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 21 20% of total cover: 9 height. Woody Vine Stratum (Plot size: 30' ) 1. 2. 3. 4. 5 Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) Hydrophytic vegetation present at this location. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: Upl A Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type LOC2 Texture Remarks 0-2 2.5Y 6/4 95 10YR 5/6 5 Loamy/Clayey 2-12 2.5Y 6/4 100 Loamy/Clayey Type: C=Concentration, D=Depletion, Hydric Soil Indicators. _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) —Stratified Layers (A5) _2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) —Sandy Mucky Mineral (S1) —Sandy Gleyed Matrix (S4) —Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: rocks Depth (inches): 12 Remarks: Hydric soil not present at this location. RM=Reduced Matrix, MS=Masked Sand Grains _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions(F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soil _2 cm Muck (A10) (MLRA 147) —Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 17BP.9.R.92 (Bridge No. 246 on SR 2351 over Lick Creek) Page 1 of 2 A . _ jkk • r ;- a Photo 1: Stream A (Lick Creek), facing downstream (photo taken 7.9.19). WSP USA C' 4 17BP.9.R.92 (Bridge No. 246 on SR 2351 over Lick Creek) Page 2 of 2 •r YJF` F� 1 Of d- „ a ` � . . � - •��' a ~ ��. .mil, ,_ • h=. + .. lY `,� Photo 3: Upland A, facing west (photo taken 9.18.19). WSP USA U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW No. 2020-00258 County: Davidson U.S.G.S. Quad: NC- Grist Mountain NOTIFICATION OF JURISDICTIONAL DETERNUNATION Requestor: North Carolina Department of Transportation Amy Euliss Address: 375 Silas Creek Parkway Winston-Salem, North Carolina 27127-7167 Telephone Number: 336-747-7802 E-mail: aeulissnncdot.2ov Size (acres) 2.8 acres Nearest Town Denton Nearest Waterway Lick Creek River Basin Upper Pee Dee USGS HUC 03040103 Coordinates Latitude: 35.637086 Longitude:-80.150872 Location description: SR 2351 (Flat Swamp Rd.) over Lick Creek Bridue, Davidson County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters 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 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 maps, Figures 1-3 dated 11/1/2019. 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 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 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 at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters 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 waterson 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 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. ❑ The waters 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 SAW No. 2020-00258 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 have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. 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 Nicholle Braspennickx at 704-510-0162 or Nicholle.M.Brasnennickx.us ace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 02/11/2020. 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: J-, , Date: 2020.02.10 15:26:12-05'00' Date of JD: 02/11/2020 Expiration Date of JD: Not applicable SAW No. 2020-00258 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 A 0 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: North Carolina Department of File Number: SAW No. 2020-00258 Date: 02/11/2020 Transportation, Amy Euliss 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. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having deternimed that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the 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. • 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. • 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 If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Nicholle Braspennickx CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 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. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Nicholle Braspennickx, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 02/11/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: North Carolina Department of Transportation, Amy Euliss, 375 Silas Creek Parkway, Winston-Salem, North Carolina 27127-7167 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, NCDOT/SR 2351 (Flat Swamp Road), Lick Creek Br. No. 246, SAW No. 2020-00258 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: SR 2351 (Flat Swamp Rd.) over Lick Creek Bridge, Davidson County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT STIES) State: NC County: Davidson City: Denton Center coordinates of site (lat/long in degree decimal format): Latitude: 35.637086 Longitude:-80.150872 Universal Transverse Mercator: Name of nearest waterbody: Lick Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: February 7, 2020 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Type of aquatic Geographic authority to Latitude (decimal Longitude (decimal aquatic resources in resources (i.e., which the aquatic resource Site Number degrees) degrees) review area (acreage wetland vs. non- 'may be" subject (i.e., and linear feet, if wetland waters) Section 404 or Section applicable 10/404) SA — Lick Creek 35.637086 -80.150872 217 Lf. Non -wetland Section 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 orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID 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: Figures 1-3, dated November 2019, prepared by WSP. ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study:_ ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ❑ Photographs: ❑Aerial (Name & Date): or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): Lick Creek flows to the Tuckertown Reservoir. The Tuckertown Reservoir is a impoundment of the Yadkin River. The Yadkin River in an interstate water of the U.S. which flows to the Pee Dee River. Corps of Engineers regulations at 33 CFR Part 328.3(a)(5) assert Clean Water Act jurisdiction over tributaries to other waters of the U.S. Therefore, Lick Creek maybe a water of the U.S. 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. 11>4k- A14L Date: 2020.02.10 15:26:47-05'00' Signature and date of Regulatory staff member completing PJD 02/ 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. NCDOT Division 9 Bridge Replacement Bridge 246 on SR 2351 (Flat Swamp Road) over Lick Creek— PCN for NWP 14 Attachment 6 Representative Photographs NCDOT Division 9 Bridge Replacement Program Bridge 246 on SR 2351 (Flat Swamp Rd) over Lick Creek Photo 1: Underside of Bridge #246 on SR 2351 over Lick Creek, facing east (photo taken 7.9.19) P, Y r_."'/ �. Photo 2: Stream A (Lick Creek), facing downstream (photo taken 7.9.19) NCDOT Division 9 Bridge Replacement Program Bridge 246 on SR 2351 (Flat Swamp Rd) over Lick Creek Ir TUN - JAW - 'IL Photo 3: Stream A (Lick Creek), facing upstream (photo taken 7.9.19) NCDOT Division 9 Bridge Replacement Bridge 246 on SR 2351 (Flat Swamp Road) over Lick Creek— PCN for NWP 14 Attachment C Permit Drawings with Stormwater Management Plan [ighway North Carolina Department of Transportation1� Highway Stormwater Program STORMWATER MANAGEMENT PLAN (Version 3.00; Released August 2021) FOR NCDOT PROJECTS 2A WBS Element: BP9.R006 TIP/Prof No: SF-280246 County(ies): Davidson Page 1 of 2 General Project Information WBS Element: BP9.R006 ITIP Number: SF-28 2246 Project Type: JBridge Replacement I Date: 01/24/2024 NCDOT Contact: Galen Cail, PE Contractor) Designer: WSP - Charles Heafner, PE Address: Hydraulics Unit Address: 1001 Morehead Square Drive 1000 Birch Ridge Road Suite 610 Raleigh NC 27610 Charlotte, NC 28203 Phone: 919-707-6711 Phone: 704-342-5409 Email: gcail(cbncdot.goy Email: charles.heafne1bwsD.2om City/Town: Denton County(ies): Davidson River Basin(s): Yadkin -Pee Dee CAMACounty? I No Wetlands within Project Limits? No Project Description Project Length (lin. miles or feet): 0.07 mi Surrounding Land Use: 1RURAL Proposed Project Existing Site Project Built -Upon Area (ac.) 0.5 lac. 0.2 Jac. Typical Cross Section Description: Proposed Roadway is from -L- Station 13+85 to 15+27.5 and -L- 16+32.5 to 17+53.7 - Travel lanes 2-10' Travel Lanes. The existing bridge is a precast concrete cored slab with 2 Spans at 1 V-0" with varying Shoulders with varying side slopes. The proposed bridge is 21" and 24" @ 45'-3.5" ppc caps on steel piles cored slabs with 4'-0" end bents. The proposed bridge is 33'-0" out to out and 30'-10" of clear roadway Annual Avg Daily Traffic (veh/hrlday): I Design/Future: 2250 1 Year: 12021 Existing: 1 2250 Year: 1 2022 General Project Narrative: This project is a bridge replacement with toe protection and riprap on embankment to stablize the fill slopes. The proposed bridge 2 spans 24" cored slab 1 @70' and 1 @35' . The (Description of Minimization of Water bridge has 4'-0" end bent caps with class II riprap spill thru slopes. The drainage is comprised of an traffic bearing flat grate with a 15" pipes that outlets into a riprap pad. Quality Impacts) I lighway North Carolina Department of Transportation Stormwatcr {a _ Highway Stormwater Program STORMWATER MANAGEMENT PLAN o (Version 3.00; Released August 2021) FOR NCDOT PROJECTS WBS Element: BP9.R006 TIP/Pro' No.: SF-280246 Count ies : Davidson Page 2 of 2 General Project Information Waterbody Information Surface Water Body (1): Lick Creek NCDWR Stream Index No.: 12-126-(3) NCDWR Surface Water Classification for Water Body Primary Classification: Water Supply IV (WS-IV) Supplemental Classification: Other Stream Classification: Impairments: None Aquatic T&E Species? No I Comments: NRTR Stream ID: SA Buffer Rules in Effect: N/A Project Includes Bridge Spanning Water Body? Yes Deck Drains Discharge Over Buffer? N/A Dissi ator Pads Provided in Buffer? INo Deck Drains Discharge Over Water Body? No (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) Surface Water Body (2): 1 NCDWR Stream Index No.: NCDWR Surface Water Classification for Water Body Primary Classification: Supplemental Classification: Other Stream Classification: Impairments: Aquatic T&E Species? Comments: NRTR Stream ID: Buffer Rules in Effect: 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) I Surface Water Body (3): 1 NCDWR Stream Index No.: NCDWR Surface Water Classification for Water Body Primary Classification: Supplemental Classification: Other Stream Classification: Impairments: Aquatic T&E Species? Comments: NRTR Stream ID: Buffer Rules in Effect: Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissi ator 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) V 0 `14 04 _J See Sheet 1A For Index of Sleets (Not Included) See Sheet 1 B For Symbology Sheet 2308 0 2310 2311 3303 3336 `' 2346 z 1 F 466 2348' 2351 2351 8 al w Rd sp 3321 2351 PROJECT 2350 2434 LOCATION 22CC 3 Rtl2349 2352 Creek 1002 2504 2353 Cp Y zrgs =`OO m �zsuz VICINITY MAP �--�� DETOUR ROUTE CLEARING ON THIS PROJECT SHALL BE PERFORMED TO THE LIMITS ESTABLISHED BY METHOD III. GRAPHIC SCALES 50 25 0 50 100 PLANS 50 25 0 50 100 PROFILE (HORIZONTAL) 10 5 0 10 20 PROFILE (VERTICAL) DESIGN DATA ADT 2021 = 2250 V = 60 MPH * SUB —REGIONAL TIER GUIDELINES FUNC CLASS = LOCAL STATUTORY SPEED LIMIT 55 MPH 5°Il°A°l[°]E OF NOIB°I°]H[ CAROILIINA IDIVdSION OF HIGHWAYS DA VID SON C 0 UNTY LOCATION. REPLACE BRIDGE #246 ON SR 2351 (FLAT SWAMP RD) OVER LICK CREEK TYPE OF WORK: GRADING, DRAINAGE, PAVING AND STRUCTURE WETLAND AND SURFACE WATER IMPACTS PERMIT BEGIN PROJECT BP9.R006 -L- POT STA. 13+85.00 IICO GREU TL-3 TO NC 8 BEGIN BRIDGE -L- POT STA. 15+26.31 PROJECT LENGTH LENGTH ROADWAY PROJECT BP9.R006 LENGTH STRUCTURE PROJECT BP9.R006 TOTAL LENGTH PROJECT BP9.R006 = 0.050 MI = 0.020 MI = 0.070 MI erATs ersa Honer em�ra No,aRPBT NQ TOTAL 9H' !1'a •C• BP9.R006 1 "Am P141.Na F-PUN.N0. FeFI@DOx BP9.R006.1 WA PE BP9.R006.2 WA R/W & UTIL. PERMIT DRAWING SHEET 1 OF 4 END PROJECT BP9.R006 -1 - PhT CTA 174-F'� q7 GREU TL­37 FLAT SWAMP RD SR 2351 GREU TLC Prepared In Me Office of q.n.aoin srarrr " I I F� 1500 F4X: 1.919.R3fi.4099 LI('1+..\RE NO. E 6l FOR THE NORTH CAROEINA DEPARTMENT OF TRANSPORTATION 2018 STANDARD SPECIFICATIONS RONYELL THIGPEN, PE RIGHT OF WAY DATE: J U LY 5, 2 02 2 PROJECT ENGINEER ERIC MISAK LETTING DATE: APRIL 14, 2023 PROJECT DESIGN ENGINEER NCDOT CONTACT: DANIEL DAGENHART DIVISION 9 BRIDGE PROGRAM MANAGER TO HWY 109 _ HYDRAULICS ENGINEER P.E. SIGNATURE. ROADWAY DESIGN ENGINEER P.E. SIGNATURE - INCOMPLETE PLANS DO NOT USE FOR R/W ACCUI9ITWN DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED A::: T 2 1 A-3911 W., I Ell spil I I a H I'M I I 12 05 171111,114 MwEi I 191 ;" 0 11 Kim I I m 05 FFA� ji A IRT-,4'41 FfA�PjCJT.�;: 47�e ANNEI'll 4 N, ll R II WAI OSPI WETLAND AND SURACE WATER IMPACTS SUMMARY WETLAND IMPACT6 SURFACE WATER IMPACTS Site No. Station (From/To) Structure Size / Type Permanent Fill In Wetlands (ac) Temp. Fill In Wetlands (ac) Excavation in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Hand Clearing in Wetlands (ac) Permanent SW impacts (ac) Temp. SW impacts (ac) Existing Channel Impacts Permanent (ft) Existing Channel Impacts Temp. (ft) Natural Stream Design (ft) 1 -L- 15+62 TO 15+82 PIER REMOVAL/RIPRAP ON EMBANKMENT** < 0.01 < 0.01 51 20 1 -L-15+87 TO 15+94 RIPRAP ON EMBANKMENT < 0.01 < 0.01 42 TOTALS*: 0.01 0.01 51 62 0 *Rounded totals are sum of actual impacts NOTES: **Exisitng Channel Permanent Impacts accounts for total LF of stream impacted due to pier removal and riprap on embankment Revised 2018 Feb NCDOT Division 9 Bridge Replacement Bridge 246 on SR 2351 (Flat Swamp Road) over Lick Creek— PCN for NWP 14 Attachment D Historic Architecture and Landscapes No Survey Required Form; Archaeological No Survey Required Form; Tribal Coordination Prc'rev Trnekrirg Nu. rfnlowdl Ch4 17-B5-I?Q60 HISTORIC ARCHITECTURE AND LANDSCAPES NO SURVEY REQUIRED FORM This firm iupereedes that daft d 23 .fungi 2017 J This form only pertains to I istoric Architecture and Landscapes for this project. It is not valid foF Archaeological Resources- You must consult separateIy with the Archaeology Group. PROJECT INFORMATION Projecl No; County: Davidson f11'BaS o.: 178P,9.R.92 Document Type: Fed. A id No: i Frrrrding: X state Federal Federal Permif s : X Yes No Permit T e s USAGE Pro'ect Descri door. Replace Bridge Number 246 on SR 2351 (Flat Swamp Road) over Lick Creep (off -site detour planned). Expanded study area March 2020. SUMMARY OF HISTORIC ARCHITECTURE AND LANDSCAPES REVIEW Descr_ipfian of review activities, results, and concinsions_ HPOWeb revJewed on 22 June 2017 and 22 March 2020 and yielded no NR, 51., I.D, DE, or SS properties In the Area of Potential Effects (APE). Davidson County current GIS mapp€ng, aerfal photography, and tax information indicated an APE of cultivated fields and woodland with several resources dating to the 20OQs-2010s (►fewed 221une 2017 and 11 March 2020), Bridge No. 246, built in 1968, is not eligible for the National Register as It Is not representat€ve of any distinctive engineering or aesthetic type. Googie Maps "Street View" confirmed the absence of critical historic structures and landscapes in the APE (viewed 22 June 2017 and 11 March 2020). No architectural survey is re uIred for the project as cu rrently defined. Why the available inoryaafr-orr proviries c reliable basis for reavvpsably prediclipirtheir there are, no rrrridenfr'f ed sienificant Jrlsroric atriritectrrral or landscape resources in flee uroiect area: APE extends 675 feet from either end of the existing bridge (-E) and 350 feet to either side of the Sid 2351 (Flat Swamp Road) centerline (N-S) to encompass proposed comtruction activities and possibte impacts. The comprehensive county architectural survey (1981) and later Investigatiar)5 recorded no properties in the project area (Paul 0. Towrtr &WdJ ?gMe8ankccurM : MeAa*rtE7er,WMti Iauya Das� Cou ty, Ab th C&nAw (€Lexington, Hc1: The Davldson Courity Historical Awssudabon, 1987)). County GISjtax materials and other visuals clearly illustrate the absence of architectural or landscape resources of concern in the APE. No National Register -listed properties are located within the APE or along the proposed off -site detour route. Should the design of the project change, please notify NCDOT Historic Architecture as a SUP Olin* D4J1,U1f1ENTA7FION Maps) ❑Previous Surrey Info. ❑I'hutoi []Correspondence ❑Design Plans 31►1111CI1`JI-�I'd C101II0]IW11t WIIIIIKOWIIIJ:75 � C . ► is A rch i teqaV 4ul"dsca} s -- N0 SURVL`,C REQ U I RE D N DOT Architectural Historian Date rrisrarwArdweerk"and 1.LNd%c:serrsryjerr;rMara.7i&I.Worlaf mPtWehrm(hy, ordin1ho-2%7Frv&o,umabc4gree,ne,rr. je f I -D? Proji - F1 -'3 I � i r h x] 4 C I J jr /'N-4 1 err ACK MOUNTA11V''`- ,- 1 Den on. r �I 4 AU } dP rr f 2 Miles Legend I I Detour Route Saurryr,; Esri, HERE, Garmfn, lntermap, Invameni FS f arp„ GEECO, U5C5, FAO, NPS, NRCAN, GaoSam, IGN, ►(ada ter NL, Ordrrance Survey, Eari Japan. METI. ESFI Ch na ; Hung Kong}, (a) CpenSlreetMap conlrihulnrs, and the GIS User Carrrm�rrrty � ., wr+nlrVicinity Map Replace Bridge No. 246 on SR 2351 (Flat Swamp Road) over trick Creek Ff ur 1 1 B8 #178P-9. .9 Davidson County -rrmckol o, 0 - O D June 2019 IIIR r - NW,_- �4 . . . . . . . . . ...... . . . . . . M1 4 4' �r i 4r Study Area x' T4 . % ` UISGS The N ational Map- Nallanal Boundaries Daiaset, National Elaviiion Dartant, U 0.25 0.5 Miles Geographic Namas Iniarmairan System, Nalle m? Rydrography Oataset, Natonal Land Cwrer Dstatrese, Natlonal Structures �)6Uauat, and National Transportation Dataaat; U.S. Census Buaau- TiGEIVLine; HERE toed data_ Data Reft"hedJuly. 2017. Study Area Map Replace Bridge No. 246 on SIR 2351 (Flat Swamp Road) over Lick Creep Figure WBS #17BR9.R.92 Davidson County LILOq N19. l7 67- D06o June 2019 Prn}ea prackrrrg ho,; 17-05-0060 Resubrnft ;¢+ NO ARCH AF0LOG ICAL S URVEY REQUIRED FORM Thus form only pertains to ARCHAEOLOGICAL RESOURCES for this project, It is not 4 & �¢ valid for Historic Architecture and Landscapes. You must consult separately with the Historic Architecture and Landscapes Group - PROJECT INFORMATION Pr,nj,.l u; i BLS" No: F:A, No; Bridge 246 17HP.9.R.92 Federal Permit Require[ County: Docurneni: David,gon Federal CI Funding: Z state ❑ )Federal Yes ❑ No Perma Type, USACE Project Dercripriam- The project involves the replacement of Bridge No, 246 on SR 2351 (Flat Swamp l?A) over I..ick Creek in Davidson Counter, North Carolina. The archaeological Area of Potential Effects (APE) measures 11,03 acres in area. SUMMARY OF CULTURAL RESOURCES REVIEW Brief desefipfion of review activities, resells of review, mid coaclusio►is: Permitting arLd funding information was reviewed for determining the level of archaeological €nput required by state and federal laws. Based on the submitted "requesIt for cultural resources review" farm, the proiect is state - funded with federal permit Interaction, As such, Section 106 of the National Historic Preservation Act wlII apply and the United States Army Corps of Engineers (USACE) will serve as the lead federal agency. Next, construction design and other data was examined (when applicable) to define the charactef and extent of potential impacts to the ground surfaces ern bra eing the project locale. Because the project appears to be an in=place replacement of the structure, the APE was primarily designed to capture any federal permit area or any areas of potential ground disturbing act€vity- Once an APE was outlined, a map review and site file search was conducted utillzing resources from the Office of State Archaeology (05A) on Thursday, April 2, 2020, No previously documented archaeoiagiral sites are located in the APE or directly adjacent, nor are any sites situated within a 2-mile radius of the designated project study area. Examination of National Register of Histarlc Places (NRHP), State Study Listed (SLR, Locally Designated (LI)), Determined Eligible (DE), and Surveyed SIte (SS) properties employing resources ava€table on the NCSHPO webs iteh is important in establishing the lacatlon of noteworthy historic occupatlons relater! to a perspective construction Impact area. A crass -check of these mapped resources concluded that none of the above properties with potential contributing archaeological components are situated wlthin or proximal to the APE. In ddditlon, historic reaps of Davidson County were appraised to identify former structure locations, land use patterns, or other Confirmation of historic occupation In the project viclnity. Archaeological/historical reference materials were Inspected as well - in general, the cultural bac4round review established that no previously recorded archaeological sites, NRHP properties, or cemeterles are located within the API`. Based on cultural -historical factors, the APE Is cDasidered to have a Jow potential for the documentation of archa eotcgi cal resources. Further, topographic, geologlr, flood boundary, and NR{S soil survey reaps (CK Ba13) were referenced to evaluate pedeological, Seomorphologlcal, hydrological, and other environmental determinants that may have resulted in past occupation at this location. Aerial and on -ground photographs (NCDOT Spatial Data VlewerM and the C2oDgle Street View map application (when amenable) were also examinedfutilized For additlonal assessment of disturbances, bath natural and human induced, which compramise the Integrity of archaeological sites. Erivimnmental/impact factors da riot suggest a heightened potential for archaeologlcal resource recovery, -+Vu AR HARXOGY&JRMY RggUIRLD"JbrurfOr lilt An"wA1dMj)w Tmor.Tarlaohm Pmjrcfs nF Qnrj1jp-die dw 144$ 1rFWowm9k Agwxmt. I are Projed Fmckhag No.: Resubmit Brief Explanarlon oj'why llte aPailohle hifornialion provides it rellrrhle husls for reasonably predicting Mal there are ito sixldeiff fled historic properties in the APE: Nearly 3/4 of the APE is underlain by frequently flooded and sornewhat Poorly drained soils. The remaining ground surfaces, located In the western project quadrants, though well -drained, have suffered Impacts related to tree farming and residential landscaping and construction, Intact and preserved archaeologl ca I dep*sits eligible for the NA HP are unlikely to be present In the defined APE. Since the current project arua is sktuated in a frequently flooded area, the APE is considered to have Very low archaeological site potEintlal_ As currently proposed as a state -funded project with federal permit interaction, no further consultation is advocated, A Flnding of "no archaeological survey required" is comAdered approprlate, This project falls within a North CaraIIna County In which the Catawba Indian Nation has expressed an Interest= Davldson County. It is recommended that you contact each federal agency involved with your project to determine thelr Section 106 Tribal consultation requirements, SUPPORT UOCClMENTAIION "See attached: Z Map(s) 0 Previous Survey Info ❑ Photocopy of Cminty Survey Notes, FINDILNG BY NCDOT AR HAEOLOGIST �Vf1.4RCL#. EOLOCTYSURVEYREOli}RED NCDOT ❑ Mows ❑Correspondence Other: z - 61IE7 t� "No.RCHAROIDGYSURWi`YAVURED"ft-finrtheAM-ded.Wura' ProkOSar12wiyrraFni692015Po%FmmaujrAgrffAvhV 2 of 4�' a I�� c4t08 Chi-4 Proji r u i Y A; �6 P 5` r � � f } ',.Bridge No. 246° � x� tick Ce- - , r Den 1 IF k i� 4y r. -� cnh,n Rd rc l + r x " C7 Miles Legend A ' Detour ROULe n Saureea- Earl, HERE. Garmin. Intormep, Increment P Corp., CESCO, USGS, FAO, J HPS, NROAN. GaRaw, IGN. Kmdei> W NL, Ordnanoe %my, Evi Japan, M E71, 101 EwR China {Hong KOrtg}, (0) CpanSkreaWap aor*IbuWr8, end the CIS User Community 13w u Vicinity Map 'rogn4 Replace Bridge No. 246 on SIR 231 (Flat Swamp •� Road) over Lick Creek Figure 1 WBS # ❑ Davidson Counter June 2019 N ' Q 0,25 O.5 Mlles Study Area USGS The Nwimnal Mop: National Ro jndarses t}aiasei, National Elevalion. Dalasot, Geographic Names Inforrnaiian System, Naiionai Hydrography Daiaaet, National Lend Cover Database, National 8truetur95 Daiasm, and National Transportation Daiaset; U-S. Cen6Us 94rregij - TI5r R?Lin9; Hl="Fir= Road Data. Data Refroshad J uty, 2t}1 T_ Study Area Map sr "°R' Replace Bridge No. 246 an SR 21 (Flat Swamp Road) over Lick Creek WBS #17BR 9.R.92 Davidson Counter ,dune 2019 Figure Portion of the Grist Mountain topographic map illustrating the location and boundaries of the archaeological APE in Davidson County, North Carolina, BaB—Kadin channery slit I darn, 2 to 8 percent slopes Map UnIt Setting + Notionol map unit symbol. ?t8CN • Elevotianr300to1,100feet • Mear? onnuolprecipitotiorF, 43 to 49 inches + Mean ann uai air temperature, 59 to 63 degrees F Fros t-free per+od_ 215 to 245 days + Forrrrlandefossi#7cotion Farm lando#statewide lmportance Map Unit Connpasitaon ■ 8vdin and sfrn fry soois_ 90 pe reent + Mirror comporrerrts:10Vercerit M Estrmares are based an observabons, de5criptiarr5, and tronsects of the mapLmit. Descrlptfan of Oadfn Setting • Londform; interfluves + Loadform position (two-dimensional): Summit, shoulder + tandform pasrtion (three-dimens Onal),1nterfWe + Down-siopeshope:LInear * Across -Slope shape; Convex ■ Parentrrmoterial:Reslduumweathe red from metasedImentaryrock and/ormetavoicanlcs Typical profile * A -0 to 6inches; channery slit loam + 6 t - 6 to 35 inches; silty clay • Cr - 35 to 43 inches- bedrock 0 R - 43 to .53 inches, bedroc k Propertiles and qualities • Slope, 2 to 8 percent M Depth to restrtrtt ve feature: 24 tD 40 Inches to paraIIthlc bedrock; 40 to 59 inches t0 IltMC bedrock ■ Noruma drairage class: Well drained • Runoff class; Medlum * Capacity of the most limiting layer to transmit water (Ksat): Very low to high (0-00 to 1-98 in f fr * Depth to water table, More than 80 Inches a Frequency of flooding; None ■ Frequency of pondfng- None • AVOHoble water storoge IF; profile: low (about 6.0 Inches) OkA—Oakboro silt loam, (Ito 2 per€ent slopes, frequently flooded Map Unit Setting ■ ,Notion ai inap uni[ symbol_ 2 mnd7 • Elevation, 200 to 1,400 feet • Mean ann" pnedpitotiwr, 37 to 60 Inches IP Mean urinuO air ternperaeure, 59 to 66 degrees F ■ Frost free period. 200 to 240 days • Formland dossifcatiorr Prime farmland If drained and either protected from flooding or not frequently flooded during the growing season Map Unit Composition • Dakboroand sirrrrlarsods: 85percent • Minor components- 4 percent • E5tomate5 ore based on ebservcr fans, descrlppons, and aunsecls of the mapan t, Descriptla n c f Oakhoro Setting • tandform: Flood plains • Down -slope Shape, Linear • Across -Slope shape- Unear f Parentmatericl; Loamy alluvium derived from Igneous and rnetamarphlc rock Typical profile • A - 0 to 10 inches: silt loam a 8w -10 to 46 h3ches, sl Ity clay loam • R - 46 to 80Inches, u nweathered bedrock properties and qualities • Slope: 0 to 2 percent • Oepth to restrictive feoturt: 40 to 601aches to IlthIC bedrock • Natural drainage cuss- Moderately well drained • Runoff class; Very low * Capacity of the most limitFng foyer to transm t worer (Ksat): Very low to high (Q-OD to 1-98 inf hr) • Depth to worer ruble_ About 12 to 2e4 Inches * Fregereacy of flooding,• Frequent • Frequency of ponding, None a AvaiJoble water xtor•age In profile: H Igh (about 9.0 I naves) KyB—Kirkspy silt loam, 2 to 6 percent slopes Map UnIt Setting • Notional wrap unit symboi:3rge • EteVatibn-r 200 to 650 feet * Mean opnual precipitatfon, 37 to 60 Inches • A4ear) onnuol Oar temperatures 59 to 56 degrees F r Frost free period; 200 to 240 days 0 Formfund dosOficatfar+, Al l areas are prl me farmland STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR March 4, 2020 Dr. Wenonah Haire Catawba Indian Nation Tribal Historic Preservation Office 1536 Tom Steven Road Rock Hill, SC 29730 Dear Dr. Haire, J. ERIC BOYETTE SECRETARY The North Carolina Department of Transportation is starting the project development, environmental, and engineering studies for the replacement of Bridge No. 246 on SR 2351 (Flat Swamp Road) over Lick Creek in Davidson County as project 17BP.9.R.92. The US Army Corps of Engineers (USAGE) is the lead federal agency for compliance with the National Environmental Policy Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) and a Permit is anticipated under the Section 404 Process with the USAGE. The project vicinity map is attached. The coordinates of this project are approximately 35.637104,-80150966. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project including recommendation of alternates to be studied. Your comments may be used in the preparation of a NEPA/ State Environmental Policy Act (SEPA) Environmental Document. In accordance with Section 106 of the NHPA, we also request that you inform us of any historic properties of traditional religious or cultural importance that you are aware of that may be affected by the proposed project. Be assured that, in accordance with confidentiality and disclosure stipulations in Section 304 of the NHPA, we will maintain strict confidentiality about certain types of information regarding historic properties. Please respond by March 31st so that your comments can be used in the scoping of this project. If you have any questions concerning this project, or would like any additional information, please contact me at aeuliss@ncdot.gov or (336) 747-7800. Thank you, Amy��� Euliss NCDOT Division 9 Environmental Officer cc: Matt Wilkerson, NCDOT Archaeology Team Leader Nicholle Braspennickx, USACE Project Manager Daniel Dagenhart, NCDOT Division 9 Bridge Program Manager Mailing Address: Telephone: (336) 747-7800 Location: NC DEPARTMENT OF TRANSPORTATION Fax: (336) 703-6693 375 SILAS CREEK PARKWAY DIVISION 9 Customer Service: 1-877-368-4968 WINSTON-SALEM, NC 27127 375 SILAS CREEK PARKWAY WINSTON SALEM, NC 27127 Website: ncdot.gov C I Study Area N USGS The National Map: National Boundaries Dataset, National Elevation Dataset, 1 0 0.25 0.5 Miles Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; U.S. Census Bureau - TIGER/Line; HERE Road Data. Data Refreshed July, 2017. Study Area Map �'�� Replace Bridge No. 246 on SR 2351 (Flat Swamp �. .� Road) over Lick Creek Figure 1 WBS #17BP.9.R.92 Davidson County June 2019 NCDOT Division 9 Bridge Replacement Bridge 246 on SR 2351 (Flat Swamp Road) over Lick Creek— PCN for NWP 14 Attachment E Categorical Exclusion DocuSign Envelope ID: 4865B8A8-B371-4D46-8D93-22C7156A6651 Type I or II Categorical Exclusion Action Classification Form STIP Project No. WBS Element Federal Project No. A. Project Description: BP9.R006 N/A BP9.R006 (previously 17BP.9.R.92) proposes to replace Bridge No. 246 on Flat Swamp Road (SR 2351) over Lick Creek in Davidson County. The existing bridge is a 2@45', 3.5" span precast prestressed concrete cored slabs. The replacement bridge is proposed to be a three span 1@ 25' — 21" cored slab, 1@ 60' — 24" cored slab, 1@ 25' — 21" cored slab structure with 11-foot travel lanes and paved shoulders ranging between four to five feet in width. B. Description of Need and Purpose: The purpose of the project is to replace existing Bridge No. 246. Though not considered structural deficient or functionally obsolete, the bridge condition is beginning to deteriorate with the 2020 Structure Safety Report for the bridge indicating delay and section loss on the existing abutments and the substructure having a rating of five out of nine. C. Categorical Exclusion Action Classification: Type I(A) - Ground Disturbing Action D. Proposed Improvements: 28. Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at -grade railroad crossings, if the actions meet the constraints in 23 CFR 771.117(e)(1-6). E. Special Project Information: Alternatives Discussion No Build. The No Build Alternative would result in eventually closing the road, which is unacceptable given the necessary property access Flat Swamp Road provides. Rehabilitation. Due to the age and extensive deterioration of the existing bridge, rehabilitation would result in effectively replacing the bridge. Replace In -Place with Onsite Detour. An onsite detour route was not evaluated due to the presence of an acceptable offsite detour route. Replace In -Place with Staged Construction. Staged construction was not considered because of the availability of an acceptable offsite detour route. Replace on New Alignment. Given that the alignment for Flat Swamp Road is acceptable, and a new alignment would unnecessarily increase project impacts, replacing the bridge on new alignment was not considered as an alternative. v2019.1 BP9.R006 Type I(A) CE Page 1 DocuSign Envelope ID: 4865B8A8-B371-4D46-8D93-22C7156A6651 Replace In -Place with Offsite Detour (Preferred). Bridge No. 246 is proposed for replacement on the existing alignment. Traffic would be detoured offsite during the construction period (Figure 1). The offsite detour route for this project (approximately seven miles in length) would include Flat Swamp Road (SR 2351), Buie Road (SR 2350), Denton Road (SR 1002), and NC Highway 8. Cultural Resources The Historic Architecture and Landscapes No Survey Required Form for BP9.R006, dated March 11, 2020, indicated there are no previously recorded historic sites within the Area of Potential Effects (APE) and no structures over 50 years in age were identified within the APE. Therefore, a Historic Architecture and Landscapes survey was determined to not be required for the project. The No Archaeological Survey Requested Form for BP9.R006, dated April 2, 2020, indicated no previously recorded archaeological sites within the APE. Due to the presence of frequently flooded and poorly drained soils and impacts related to tree farming and residential landscaping and construction, there is limited potential for archaeological sites. An archaeological survey was determined to not be required for the project. A Start of Study letter was mailed to the Catawba Indian Nation in March 2020. As of March 2022, a response was not received. If a response is received, it will be placed on the project SharePoint site. Documentation of the cultural resource reviews can be found on the project SharePoint site. School and Emergency Service Transportation While property along Flat Swamp Road is predominantly undeveloped, there some residences that indicate the road may be used by school and emergency service vehicles. The proposed detour route would alter travel patterns and increase travel time for these vehicles during construction. Responses were not received from Davidson County Schools or Davidson County Department of Emergency Services during project scoping. Bicvcle and Pedestrian Facilities There are no existing bicycle or pedestrian facilities within the project study area. In accordance with the 2019 North Carolina Department of Transportation's (NCDOT) Complete Streets Policy, no on - street bicycle or pedestrian facilities were recommended in High Point Metropolitan Planning Organization (MPO) 2020 Comprehensive Transportation Plan (CTP), the MPO's 2045 Metropolitan Transportation Plan (MTP), or in locally adopted plans. A greenway along Lick Creek and on the north side of Flat Swamp Road west of the creek is proposed in the High Point MPO 2020 CTP and 2045 MTP. Coordination with the MPO in 2019 indicted the proposed greenway was unfunded and planning efforts had not begun on the facility. Therefore, accommodation for the greenway was not included in this project. The need for bicycle or pedestrian facilities was not demonstrated by local stakeholders during project development. Although on -street bicycle and pedestrian facilities are not recommended by applicable planning documents, a memorandum prepared by NCDOT's Integrated Mobility Unit in October 2019 recommended four -foot paved shoulders to accommodate potential bicyclists and pedestrians. A copy of the memorandum can be found on the project SharePoint site. The project satisfies this recommendation by including shoulders at least four feet in width. A Complete Streets Project Sheet was submitted for approval in March 2022. GeoEnvironmental The Phase I GeoEnvironmental Report for the project, issued, indicated no sites of concern within the project study area. A copy of the report can be found on the project SharePoint site. v2019.1 BP9.R006 Type I(A) CE Page 2 DocuSign Envelope ID: 4865B8A8-B371-4D46-8D93-22C7156A6651 Right -of -Way Impacts Based on preliminary plans, the project would result in 0.33 acres of right-of-way acquisition. These impacts would occur on undeveloped land and would not result in relocation. Cost Estimate Preliminary cost estimates for the project from November 2020 are listed in Table 1. Table 1: Preliminary Project Costs Right -of -Way $70,000 Construction Costs $900,000 Total Costs $970,000 Anticipated Permits and Agency Coordination Water Resources Delineations for potential jurisdictional waters occurred in July 2019 and are documented in the Natural Resources Technical Report (NRTR) that can be found on the project SharePoint site. One creek, Lick Creek, was delineated and is classified as a WS-IV resource. Lick Creek is listed in the Final 2020 Final 303(d) List of Impaired Waters as the result of exceeding the criteria for benthos and fish community. Wetlands were not identified during the delineation. Using preliminary right-of-way limits, approximately 104 feet of stream impacts are anticipated. A Nationwide or Regional General Permit from the United States Army Corps of Engineers (USACE), along with a corresponding 401 Certification is anticipated for this project. Endangered Species Coordination As documented in the project NRTR, a survey for potential habitat during July 2019 indicated that suitable habitat for the Northern long-eared bat (NLEB) (Myotis septentrionalis) is present within the project study area and on Bridge No. 246. Although the bridge represents suitable habitat, a review of North Carolina Natural Heritage Program records, on June 19, 2019 indicated no known NLEB occurrence within one mile of the study area. Furthermore, a review of the United States Fish and Wildlife Service (USFWS) Asheville Ecological Services Field Office web page at www.fws.gov/asheville/htmis/project review/NLEB in WNC.html on June 19, 2019 indicated that watersheds with known maternity trees or hibernation sites for this species do not occur in Davidson County. The USACE will act as the lead agency for issues related to the NLEB. The USACE has developed a Standard Local Operating Procedure for Endangered Species (SLOPES) to address NLEB when they are the lead agency, which NCDOT will be required to follow for this project. This procedure applies to projects in NCDOT Divisions 9-14. The requirements of the SLOPES for NLEB will be completed prior to Let and should be submitted to USACE. Final design, tree clearing, and percussive activities information should be provided in the permit application. Due to the presence of suitable habitat within the study area, a biological conclusion of May Affect, Not Likely to Adversely Affect was determined. The existing bridge will be surveyed for the NLEB will take place during the 2022 survey window (May 15- August 15). Suitable habitat for Schweinitz's sunflower (Helianthus schweinitzii) was identified during the field surveys in support of the NRTR. Dedicated surveys for the species were conducted in October 2016 and no individuals were found. A review of North Carolina Natural Heritage Program records in July 2019 indicated no occurrences of Schweinitz's sunflower within one mile of the project study area. v2019.1 BP9.R006 Type I(A) CE Page 3 DocuSign Envelope ID: 4865B8A8-B371-4D46-8D93-22C7156A6651 Therefore, due to the lack of individuals found during the October 2016 survey, a biological conclusion of No Effect was determined. Survey for the bald eagle was conducted in February 2017 and concluded the project would not affect the species. A review of North Carolina Natural Heritage Program records in June 2019 did not reveal occurrences of the species within one mile of the project study area. Floodplains The study area has approximately 6.67 acres of the Lick Creek 100-year floodplains. Hydraulic modeling will be required to determine if the proposed bridge replacement would affect the base flood elevation of Lick Creek. v2019.1 BP9.R006 Type I(A) CE Page 4 DocuSign Envelope ID: 4865B8A8-B371-4D46-8D93-22C7156A6651 F. 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 11 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 Yes No (FHWA signature required if any of the questions 1-7 are marked "Yes".) 1 Does the project require formal consultation with U.S. Fish and Wildlife Service ❑ 2 (USFWS) or National Marine Fisheries Service (NMFS)? 2 Does the project result in impacts subject to the conditions of the Bald and Golden ❑ R1 Eagle Protection Act (BGEPA)? 3 Does the project generate substantial controversy or public opposition, for any ❑ R1 reason, following appropriate public involvement? 4 Does the project cause disproportionately high and adverse impacts relative to low- ❑ R1 income and/or minority populations? 5 Does the project involve a residential or commercial displacement, or a substantial ❑ R1 amount of right of way acquisition? 6 Does the project require an Individual Section 4(f) approval? ❑ [1 Does the project include adverse effects that cannot be resolved with a 7 Memorandum of Agreement (MOA) under Section 106 of the National Historic ❑ R1 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 ❑ R1 covered by a Programmatic Agreement under Section 7? 9 Is the project located in anadromous fish spawning waters? ❑ [1 Does the project impact waters classified as Outstanding Resource Water (ORW), 10 High Quality Water (HQW), Water Supply Watershed Critical Areas, 303(d) listed [1 ❑ 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 ❑ R1 mountain trout streams? 12 Does the project require a U.S. Army Corps of Engineers (USACE) Individual ❑ R1 Section 404 Permit? 13 Will the project require an easement from a Federal Energy Regulatory ❑ Commission FERC licensed facility? v2019.1 BP9.R006 Type I(A) CE Page 5 DocuSign Envelope ID: 4865B8A8-B371-4D46-8D93-22C7156A6651 Other Considerations for Type I and II Ground Disturbing Actions (continued) Yes No Does the project include a Section 106 of the National Historic Preservation Act 14 (NHPA) effects determination other than a No Effect, including archaeological ❑ 2 remains? 15 Does the project involve GeoEnvironmental Sites of Concerns such as gas ❑ 2 stations, dry cleaners, landfills, etc.? Does the project require work encroaching and adversely affecting a regulatory 16 floodway or work affecting the base floodplain (100-year flood) elevations of a ❑ 2 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 ❑ 2 affects the coastal zone and/or any Area of Environmental Concern (AEC)? 18 Does the project require a U.S. Coast Guard (USCG) permit? ❑ 2 19 Does the project involve construction activities in, across, or adjacent to a ❑ 2 designated Wild and Scenic River present within the project area? 20 Does the project involve Coastal Barrier Resources Act (CBRA) resources? ❑ [1 21 Does the project impact federal lands (e.g. U.S. Forest Service (USFS), USFWS, ❑ R1 etc.) or Tribal Lands? 22 Does the project involve any changes in access control or the modification or ❑ R1 construction of an interchange on an interstate? 23 Does the project have a permanent adverse effect on local traffic patterns or ❑ R1 community cohesiveness? 24 Will maintenance of traffic cause substantial disruption? ❑ [1 25 Is the project inconsistent with the STIP, and where applicable, the Metropolitan ❑ R1 Planning Or anization's MPO's Transportation Improvement Program (TIP)? 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, 26 the Federal Aid in Wildlife Restoration Act, Tennessee Valley Authority (TVA), ❑ R1 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 ❑ R1 properties under the Hazard Mitigation Grant Program HMGP ? 28 Does the project include a de minimis or programmatic Section 4(f)? ❑ [1 29 Is the project considered a Type I under the NCDOT Noise Policy? ❑ [1 30 Is there prime or important farmland soil impacted by this project as defined by the ❑ R1 Farmland Protection Policy Act FPPA ? 31 Are there other issues that arose during the project development process that ❑ 2 affected the project decision? v2019.1 BP9.R006 Type I(A) CE Page 6 DocuSign Envelope ID: 4865B8A8-B371-4D46-8D93-22C7156A6651 G. Additional Documentation as Required from Section F (ONLY for questions marked `Yes'): Response to Question 10 Lick Creek is listed in the Final 2020 Final 303(d) List of Impaired Waters as the result of exceeding the criteria for benthos and fish community. Erosion and sediment control measures should be taken during construction to avoid impacts to water quality. v2019.1 BP9.R006 Type I(A) CE Page 7 DocuSign Envelope ID: 4865B8A8-B371-4D46-8D93-22C7156A6651 Project Commitments (attach as Green Sheet to CE Form): NCDOT PROJECT COMMITMENTS WBS Element BP9.R006 Replacement of Bridge No. 246 on SR 2351 over Lick Creek Davidson County Federal Aid Project No. N/A NCDOT Division 9 • Surveys for the Northern long-eared bat (Myotis septentrionalis) and other bat species will occur during the 2022 survey window (May 15 — August 15). • Survey for Schweinitz's sunflower (Helianthus schweinitzii) will occur during the 2022 survey window (late August through October). DocuSign Envelope ID: 4865B8A8-B371-4D46-8D93-22C7156A6651 I. Categorical Exclusion Approval: STIP Project No. BP9.R006 WBS Element BP9.R006 Federal Project No. N/A Prepared By: ❑omiNgnedtry: 3/15/2022E Di A�4�r Date Katharine Mather, AICP WSP Prepared For: Highways Division 9 Reviewed By: r—Doouagned by 3/15/2022 t L --yes±ssl�sr_._a6-- Date Amy Euliss, Division 9 PDEA Engineer North Carolina Department of Transportation • If NO grey boxes are checked in Section F (pages 2 [� Approved and 3), NCDOT approves the Type I or Type II Categorical Exclusion. • If ANY grey boxes are checked in Section F (pages 2 ❑ Certified and 3), NCDOT certifies the Type I or Type II Categorical Exclusion for FHWA approval. • If classified as Type III Categorical Exclusion. Doco8lyiiad 4: 3/15/2022 �y+� Date S. P. Ivey, PE, Division 9 Engineer North Carolina Department of Transportation 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 Vll of the NCDOT-FHWA CE Programmatic Agreement for more details). v2019.1 BP9.R006 Type I(A) CE Page 9 DocuSign Envelope ID: 4865B8A8-B371-4D46-8D93-22C7156A6651 Appendix: Attachments A. Figures v2019.1 BP9.R006 Type I(A) CE Page 10 DocuSign Envelope ID: 4865B8A8-B371-4D46-8D93-22C7156A6651 v O 3 1 l} W dA �r{Q�7�2Nh 4P 1 — `Y L .,Bridge No. 246 � !15k _cs+ HIGH R6CK _` / 1 * 1 1 Denfun Rd x C �Q U f 0 e'c 2 Miles Proji a € 4- Den on'. Legend 1------1 I I 1 1 Detour Route I I 1 -----J Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, ! Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User 4 Community : U ., Vicinity Map Replace Bridge No. 246 on SR 2351 (Flat Swamp \1�5 ti Road) over Lick Creek AT/ WBS Element BP9.R006 .Svr FTA- Davidson County June 2019 Figure 1 DocuSign Envelope ID: 4865B8A8-B371-4D46-8D93-22C7156A6651 Study Area N USGS The National Map: National Boundaries Dataset, National Elevation Dataset, 0 0.25 0.5 Miles Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; U.S. Census Bureau - TIGER/Line; HERE Road Data. Data Refreshed July, 2017. Study Area Map Replace Bridge No. 246 on SR 2351 (Flat Swamp ., Road) over Lick Creek Figure 2 I, WBS Element BP9.R006 Davidson County June 2019 /00, Oe .01 irf- �Ilmq ��Y'r000l 0 FL f.6j Li vsp 04 Bridge No. 246 Study Area 000,; rrr pe '00 HighI RockCowboy Church Ma 'IM Ucial, CuTillumv NCDOT Division 9 Bridge Replacement Bridge 246 on SR 2351 (Flat Swamp Road) over Lick Creek— PCN for NWP 14 Attachment F Section 7 Concurrence Request for the Tricolored bat & Schweinitz's sunflower; Bridge Survey for Bats Memo STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR January 31, 2024 Ms. Holland Youngman U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Subject: Section 7 Concurrence Request for the Tricolored bat sunflower for the proposed replacement of Bridge No. 246 on Flat 2351) in Davidson County. WBS No. BP9.R006 (formerly WBS No. Dear Ms. Youngman: J.R. "JOEY" Homms SECRETARY and Schweinitz's Swamp Road (SR 17BP.9.R006). Please accept this Section 7 Concurrence Request for the Tricolored bat and Schweinitz's sunflower for the proposed replacement of Bridge No. 246 on Flat Swamp Road (SR 2351) in Davidson County. BP9.R006 (previously 17BP.9.R.92) proposes to replace Bridge No. 246 on Flat Swamp Road (SR 2351) over Lick Creek in Davidson County. The existing bridge is a 2@45', 3.5" span precast prestressed concrete cored slabs. The replacement bridge is proposed to be a three span 1@ 25' — 2 1 " cored slab, 1@ 60' — 24" cored slab, 1@ 25' — 2 1 " cored slab structure with 11-foot travel lanes and paved shoulders ranging between four to five feet in width. The purpose of the project is to replace existing Bridge No. 246. Though not considered structural deficient or functionally obsolete, the bridge condition is beginning to deteriorate with the 2020 Structure Safety Report for the bridge indicating delay and section loss on the existing abutments and the substructure having a rating of five out of nine. IPAC identifies one species for the USACE action area as endangered: Schweinitz's sunflower (Helianthus schweinitzii). It also identifies the Tricolored bat (Perimyotis subflavus) as proposed endangered in the project area. NCDOT wishes to consult on the PESU since the species is anticipated to be listed prior to construction of the project. Mailing Address: Telephone: (336) 747-7800 Location: NC DEPARTMENT OF TRANSPORTATION Fax: (336) 703-6693 375 SILAS CREEK PARKWAY DIVISION 9 Customer Service: 1-877-368-4968 WINSTON-SALEM, NC 27127 375 SILAS CREEK PARKWAY WINSTON SALEM, NC 27127 Website: ncdot.gov A Categorical Exclusion has been completed for the project in anticipation of federal funding. The project is currently state funded, and a 404 permit will be required from the USACE. The FHWA is the anticipated lead federal agency. The project is scheduled to Let for construction in June 2024. Bat Survey Report is attached. Effects to the Tricolored Bat Foraging„ Commuting„ and Roosting behavior for PESU/Tree Clearing The Tricolored bat (PESU) utilizes a variety of structures, including culverts, bridges and abandoned structures for roosting in the summer. Maternity roosts are found in a variety of terrestrial habitats, including live and dead trees and in live and dead foliage and lichens in the tree canopies (NaturServe 2022). There is element occurrence data for the tricolored bat approximately 10 miles from the action area at Russell Site (NCNHP EO ID 37588) in Montgomery County. This site element occurrence data represents a known hibernaculum of PESU (Katherine Etchison, NCWRC-email communication). PESU primarily utilizes abandoned caves and underground mines for their hibernacula in the winter. They can be found emerging from the hibernacula in the spring and fall. For PESU, habitat types that were assessed for impacts associated with the project include roosting locations in caves, mines, and foraging/commuting locations in a variety of woody habitats. The action area for the project includes woody habitats that qualify as suitable habitat for PESU. There is a stream that will be impacted by the project. Therefore, PESU foraging, commuting, and roosting behaviors may be impacted by project construction. There is one bridge in the action area. There are no existing culverts in the action area. The bridge was surveyed for bats on June 30, 2022, and no evidence of bats was found. The bridge was surveyed in accordance with the 2022 Bat SOP. Based on the most circuitous alternative and widest slope stakes, the total limits of tree clearing are estimated to be 0.2 acres remaining in the project study area and the length in the limits of construction is approximately 0.7 miles. There will be clearing along the road corridor and clearing along the streams and wetlands. Because the suitable habitat for PESU is so broadly defined, the potential effect that clearing of woody vegetation anywhere within the project study area may have on PESU commuting, foraging and roosting behavior cannot be completely ruled out. However, effects from a reduction in commuting and foraging areas are expected to be discountable and insignificant due to the availability of alternative forested areas in the surrounding landscape. NCDOT will commit to a tree clearing moratorium from April 1 to October 15 effective with the listing of the tricolored bat. NCDOT will utilize Method III clearing. The clearing limits will be marked for the contractor to meet the requirements of the NCDOT Standards. Roosting Foraging & Commuting behavior of PESU/Lighting: The potential exists that the addition of lighting could indirectly affect commuting bats that may be present in the area by avoiding lit areas, causing them to use other areas, possibly impacting individual bat fitness due to longer flight distances or threats from predation or vehicle traffic in new routes. However, these potential effects from PESU choosing alternate commuting areas due to additional lighting are expected to be insignificant due to the abundance of alternative forested area that is available in the surrounding landscape. There is no existing street lighting in the action area. There is no proposed permanent lighting in the action area. There will be no effect to roosting, foraging and community behavior from permanent lighting. Night work is not anticipated. However, if unanticipated nightwork is needed, temporary lighting at night will be required for the safety of the construction crews, and for visibility to complete the work. Lighting used for nighttime construction work will be limited to what is necessary to maintain safety standards and will only be directed toward active work areas. Effects from temporary lighting may affect but should not adversely affect roosting, foraging and community behavior; however, these effects will be minimized as much as possible by directing temporary lighting away from habitat as much as feasible while maintaining a safe working environment for workers and the travelling public. Noise and PESU Percussive activities for the project include may include blasting, pile driving, jackhammers, guardrail installation and road grading. While these activities are anticipated for the project, these activities are not anticipated within 0.5 mile of a known PESU maternity roost. Furthermore, there are no known PESU hibernacula within 10 miles of the action area, and there are no underground mines located within the project study area or within 0.5 mile of the project study area. No impacts to PESU roosting habitat are anticipated from noise. Known winter roost data was provided by NCWRC. This agency surveys areas they have determined have potential for hibernacula. The reason that blasting information is provided is to demonstrate due diligence for evaluating impacts associated with this activity on habitat (winter and summer). Hibernacula locations and underground mine data were reviewed to determine if this activity may impact winter roosting habitat for cave dwelling bat species. This is because of the vibratory nature of percussive activities; the percussive activity imparts energy into the substrate which may cause an impact to bats roosting underground. This cave/subsurface mine habitat does not exist within the project area. In addition, WRC's records do not indicate they have found any hibernacula for PESU within the project study area. This addresses lack of winter habitat (hibernacula) in the area. As far as the summer roosting habitat (trees), because the spectra of traffic and construction noise do not appreciably overlap with most bat echolocation calls or their hearing of them, echolocation in most species of bats is likely not affected by highway noise. In addition, the dBA of natural background sounds are within the same dBA range of the traffic and construction sounds except for the most extreme sound level for explosives. The maximum noise level for activities that will occur as part of this project is 112 dBA, blasting). See comparison tables from Caltrans Effects of Traffic Noise and Road Construction on Bats report 2016. All noise attenuates (diminishes) with distance from the source (see California Department of Transportation 2013 & 2016 for technical analysis procedures). This occurs through geometric spreading and signal reduction from ground and atmospheric absorption. Attenuation also varies with source type -point sources (e.g., construction equipment) or linear sources (e.g., highway traffic). Noise from point sources traveling over a hard site (e.g., bare soil or rock substrate) attenuates at approximately 6 dBA for each doubling of distance. Noise from linear sources traveling over the same site attenuates at approximately 3 dBA per doubling of distance. If the noise travels through a soft site (e.g., a forest or meadow), these values are reduced further by 1.5 dBA, giving standard attenuation rates of 7 .5 dBA and 4.5 dBA, respectively, for point and linear sources. The point source attenuation equation for determining noise levels at specific distances from a source (construction) is dBA2 = dBAI + 10 * log10 (DO / D) 2+ a Assuming listed bat species are roosting in nearby trees and percussive activities will occur (112 dBA, Table 4 below), then it has been determined that the noise level at a potential bat tree roost in the surrounding forest that is 250 feet from the project generating the noise is 95 dBA. Therefore, we anticipate that bats exposed to the blasting (and other percussive activities) noise associated with this project will not respond in a meaningful or detectable manner as this is within the dBA for naturally occurring sounds in the surrounding environment (Table 1). Please note that the blasting noise has been used since it generates the highest noise decibels, and we do not anticipate any other construction noises to cause the bats to respond in a meaningful or detectable manner. The geotechnical work has been completed for this project. We will have 14 piles to drive for the new structure. The pile driving should take 2-3 weeks to complete. Table 1. Natural Background sounds Sound dBA Thunderclap 120 Thunder 110 Stream, water Ilowing 73 Surf, pounding 70 Wind. breeze through trees 62 Birds, singing 60 Wind, gusty with rustling tree foliage 55 Rainfall, maderate 50 Rainfall, light 40 Rustling leaves 40 Olympic National Forest 40 Mountaintop 35 Wilderness :ambient 35 Lake, quiet 30 Meadow, low wind conditions 3D Insects 25 Mountain slope, open 23 Rustling leaves 20 Grand Canyon, remote trail 15 Grand Canyon at night 10 Haleakala volcano crater, no wind 5 Source: Federal Highway Administration 2dl i_ dBA = A•weiehted deeffids Table 2. Background Noise Associated with Urban Areas of Different Population Densities Population Density (people/sq. mi.) dBA 30,000 + 65 10,000 -3 0,000 60 3,00 0-10,0 00 55 1,0fl0-3,000 50 30 0-1 r00 0 45 100-300 40 Source: FedereJ Transit Administration 2046_ ley = background noise level dBA=A.weiehteddecibels Table 3. Traffic Noise Levels (dBA) at 50' at Various Speeds and Traffic Volumes 'Traffic Vehicle Speed (mph) Volume (vph) 30 35 48 45 50 55 60 65 70 75 125 53 55 57 58 60 61 62 64 65 66 250 56 s8 68 G1 63 64 65 67 fib 69 540 59 61 63 64 66 67 68 70 71 72 1,040 62 64 66 67 69 76 71 73 74 75 2,040 65 67 69 70 72 73 74 76 77 78 3,040 67 69 71 72 74 75 76 77 78 79 4,000 6,6 70 73 73 75 76 77 79 80 81 5,000 6,9 71 73 74 76 77 78 80 81 82 6,040 7,0 72 74 75 77 78 79 80 81 82 Nate Noise calculations are based on the total acoustic energy generate by traffic on a straight roadway on flat, acoustically hard terrain with 100% automobiles and no truc -Typical freeway lanes are limited to a bout 2,000 passenger cars per lanes per hour. These calculations do not take into account the effect -of traffic on multiple lanes- dBA =A -weighted decibels 1-q = Background noise level vph = vehicles per hour mph = miles per hour Table 4. Average maximum noise levels (Leq at 50 feet) for common construction equipment (Colors indicate relative sound level; red = extreme, orange = very high; yellow = high; green = moderate; blue = low; purple = very low; mauve = background. Asterisks shove impact noise sources., Explosives Ruck Blast Pneurnalir Tools, Iackhamrners & Pile Driver Track Hoe Impart Pile Driver Guardrall Installatton and Pile Driving Truck Horn Pile Driving Rork Drill and Diesel Generator Rork Drill Dump Truck Rack Drills and Jackhammers Pneumatic Wrenches, Ruck Drills Vibratory (Sonic) Pile Driver Diesel Truck Pneumatic Chipper Hyd romulcher Clam Shovel Slurry Machine Pneumatic RIVeter Circular Saw (hand held] Mounted Impart Hammer Hue -Ram Concrete Saw Compressor Srraper Paver Large Truck Jackhammer Drill Rig Dozer Crane Pumps, Generators, Compressors Front-end Loader Large Diesel Engine Gradall Chain saws Road Grader Noise (dEA) Low High 11111jacV, 94 91 96 95 74 _ SO 99 S5 98 82 98 82 97 36 97 95 96 85 96 91 95 B7 94 93 93 S2 91 91 91 91 91 85 90 `]0 90 BO 90 85 89 BO 89 84 89 74 89 85 88 S4 88 85 88 B1 87 BO 87 86 86 85 86 75 86 83 85 Table 4 contd. Noise (dBA) Low High Impacts Pump 77 85 Impact Wrench B5 85 Concrete Truck B1 85 Concrete Mixer $o 85 Auger D rill Rig B5 Flat Bed Truck 84 84 Backhoe 80 84 Generator 52 84 Ground Compactor 80 82 Concrete Pump 82 82 Cat 5kidder 81 81 Roller Horizontal Boring HydraulleJack BO 8D Concrete Vibrator 76 76 Welder 73 Pickup Truck 55 71 Yelling Background Sound Level —Forest Habitats 25 44 Speech [normal) 41 41 Source; U.S_ F€sh and Wildtife Servke 2005. Impact noise = sadden, loud impulsive sound d$A =A -weighted decibels Biological Conclusion for PESU Lighting, noise, vibration and removal of woody vegetation are anticipated as part of construction activities associated with the project. The project effects are expected to be insignificant, as explained above. Construction of the project is not anticipated to have adverse impacts to commuting, foraging, and breeding or roosting habitat for PESU. The closest known element occurrence data for the Tricolored bat is approximately 10 miles from the project study area at Russell Site (NCNHP EO ID 37588) in Montgomery County. The following Avoidance and Minimizations Measures will be utilized to reduce impacts to the PESU: 1. Pile driving will occur once the trees within the project clearing limits that are immediately adjacent to the pile driving site have been removed. 2. A tree clearing moratorium will be implemented for the USACE project study area during the maternity season, April I -October 15 to protect bats during the active season effective with the federal listing of the tricolored bat. 3. The clearing limits will be marked for the contractor to meet the requirements of the NCDOT Standards. 4. NCDOT will ensure tree removal is limited to that specified in project plans and ensure that contractors understand clearing limits and how they are marked in the field. Clearing limits follow the most recent version of the NCDOT Manual for Construction Layout and are typically marked by placing blue and white striped flagging on 36-inch stakes or trees. 5. There will be no permanent lighting. 6. Lighting used for nighttime construction will be limited to what is necessary to maintain safety standards. Temporary lighting will only direct light towards active work areas except in instances necessitating balloon lighting. 7. Blast monitoring will occur per NCDOT standard specifications for blasting in the project area. Blast mats or soil cover will be used for all blast sites per the standard specifications. 8. Blasting will occur once the trees within the project clearing limits that are immediately adjacent to the blasting site have been removed. 9. No blasting will occur at night. 10. The existing bridge will be resurveyed for bats in the 2024 survey window if it has not been demoed by the end of the survey window (i.e. August 15, 2024). NCDOT requests concurrence on a "May Affect, Not Likely to Adversely Affect" for the PESU. Effects to Schweinitz's sunflower NCDOT is requesting concurrence on the remaining species that IPAC lists for the project area. Schweinitz's sunflower (Helianthus schweinitzii): May Affect Not Likely to Adversely Affect. Habitat is present within the project action area. The project was surveyed on October 26, 2022, and none were found. There are no populations within one mile of the project study area. NCDOT believes that the requirements of Section 7 (a)(2) of the ESA have been satisfied and hereby request your concurrence on a May Affect Not Likely to Adversely Affect determinations for the Tricolored bat and Schweinitz's sunflower. Thank you for your assistance with this project. If you have any questions or need additional information, please contact me at (336) 747-7802 or at aeuliss e,ncdot.gov. Sincerely, Amy Euliss Division 9 PDEA Engineer, NCDOT Cc: Daniel Dagenhart, NCDOT Division 9 Bridge Program Manager Cheryl Knepp, NCDOT Biological Surveys Group Steve Brumagin, USACE (3 Stantec Memo To: Amy Euliss From NCDOT Division 9 File: BP9.R006 (R.92) Date Reference: Bridge 280246 — Bridge Survey for Bats Trevor Walker Stantec January 18, 2023 The North Carolina Department of Transportation (NCDOT, Division 9) proposes to replace Bridge No. 280246 over Lick Creek on SR2351 in Davidson County, North Carolina. The existing bridge is a concrete deck on concrete bents and abutments. A bat habitat assessment and structure survey were conducted on June 30, 2022. At that time, the northern long-eared bat (NLEB) was listed under the Endangered Species Act (ESA) as Threatened within the study area. According to the USFWS Information Planning and Consultation (IPaC) database (reviewed January 18, 2023), NLEB is no longer listed within the study area. However, tri-colored bat (Perimyotis subflavus) now appears on the list. On September 14, 2022, the U.S. Fish and Wildlife Service published a proposal in the Federal Register to list the tri-colored bat (PESU) as endangered under the Endangered Species Act. The Service has up to 12-months from the proposal publish date to make a final determination to either list the tri- colored bat or withdraw the proposal. PESU faces extinction primarily due to range -wide impacts of white - nose syndrome (WNS), which is a deadly fungal disease that affects cave -dwelling bats across North America. Surviving PESU populations are now more vulnerable to other stressors such as habitat loss and human disturbance due to the reduction in population from WNS. Species proposed for listing are not afforded protection under the ESA, but as soon as listing becomes effective (usually 30 days after the publication of the final rule in the Federal register), prohibitions against jeopardizing PESU's surviving populations and "take" will apply. According to the USFWS Species Status Assessment of the Tri-Colored Bat (Perimyotis subflavus) (2021), during the spring, summer, and fall, tri-colored bats primarily roost among live and dead leaf clusters of live or recently dead deciduous hardwood trees and have been documented roosting within artificial roosts (i.e. bridges, culverts, barns, and concrete bunkers) as well. Other roosting sites include pine trees, eastern red cedar, and rarely within caves. Females are also documented to exhibit high site fidelity, returning to the same summer roosting locations year after year. During the winter, tri-colored bats hibernate in caves and mines, however here in the foothills of NC, where caves are sparse, tri-colored bats often use road - associated culverts. Tri-colored bats also exhibit high site fidelity with culverts returning year after year to the same hibernacula. On June 30, 2022 Stantec biologists assessed Bridge No. 280246 for potential bat habitat. Suitable roosting crevices were present. No evidence (bats, staining, and guano) of bats using the bridge was observed. Survey information was documented in the 2022 BSG Bat Habitat Assessment Bridge Survey Form and is attached. Summer roosting habitat was observed in the surrounding wooded areas for tri-colored bats. A desktop analysis evaluating habitat within the project footprint using high resolution aerial imagery in GIS(ESRI ArcMap 10.8) showed forested areas containing live and dead leaf clusters as well as dead or dying deciduous hardwood trees. Approximately 0.09 acres of suitable roosting habitat will be removed as part of the project. A North Carolina Natural Heritage Program (NHP) data explorer report dated January 18, 2023 shows no known occurrences of tri-colored bats or any other bats within 1.0 mile of the study area. wt u:\172610054\transportation\planning\report\archive\bridge280246.docx January 18, 2023 Amy Euliss Page 2 of 2 Reference: Bridge 280246 — Bridge Survey for Bats Biological Conclusions: Tri-colored bat- Not required at this time Stantec Consulting Services Inc. Trevor Walker Environmental Scientist/Bat Biologist Phone: 980-384-1091 Trevor.Walker@stantec.com Attachment: Bat Survey Form wt u:\172610054\transportation\planning\report\archive\bridge280246.docx NCDOT Bat Bridge Habitat Assessment Form Updated 7/25/2022 00 Bat Habitat Assessment NCDOT Bridges Observers: K Abare / S Wender Date: June 30, 2022 County: DAVIDSON Waterbody/Road/Rail: Lick Creek TIP or DOT project number: BP9.R006 (R.92 Road Name/SR Number: SR2351 Bridge Number: 280246 % Surrounding habitat w/in 1 mi. Forested: 50% Wetland: 0% of project footprint (approx) Urban/Commercial: 0% Suburban/Residential: 0% Agricultural: 0% Herbaceous/ Shrub/ Grassland/ Barren Land: 50% Any trees >3" DBH within project footprint? Yes Bridge located within Indiana Bat Critical Habitat? No Mines in Vicinity? No Caves in Vicinity? No Mines in Project Footprint? No Caves in Project Footprint? No If 'yes' to any of the above, provide photos, description, and location in Photo Appendix. Water Features Major water source in project footprint: Stream/Creek Suitable drinking habitat in the form of non -stagnant, smooth or slack water? Yes Bridge Features Artificial Lighting: No Guard Rails: Metal Deck Type(s): Concrete Beam Type(s): Concrete End/Back Wall Type(s): Timber Creosote Evidence: Yes Suitable roosting crevices present (%— 1 %"wide): Yes Deck Drain(s): No Max height of bridge deck above ground (ft): 15 Night roost habitat protected: N/A Bridge Alignment: NW/SE Hours of sun exposure to bridge: >3 Human disturbance under bridge: None Notes: Bat Evidence/Activity Emergence count performed? No Evidence of bats using bird nests, if present? No Evidence of bats using bridge? No [If Yes, Photos in Photo Appendix] Type of evidence: Roost Type: Roost Material: Bat Species: Bat Species 2: Bat Species 3: Notes (bat location and count): No staining or guano 1