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HomeMy WebLinkAbout20240318 Ver 1_Hamilton Ave PJD Package_20240221531 N. Liberty St., + Winston-Salem, North Carolina 27101 + 336-790-6744 + FAX 817-735-7491 2/21/2024 Laura Meyer Project Manager US Army Corps of Engineers - Raleigh Regulatory Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Via email: laura.j.meyer@usace.army.mil www.freese.com Re: Request for Preliminary Jurisdictional Determination Hamilton Avenue Stormwater and Utility Upgrades Project, City of High Point, Guilford County, NC Dear Ms. Meyer, The City of High Point is upgrading the stormwater conveyance structures in the Monroe Place sub area as identified in the previous City of High Point watershed planning study of the Hamilton-Montlieu Area. This project also includes upgrades to the primary stormwater outfall in Oakwood Cemetery, as the piping is undersized based upon the proposed stormwater system upgrades. In addition to the culvert upsizing, the City is proposing to stabilize Boulding Branch in areas that have eroded and exposed sanitary sewer, and where the eroded banks threaten adjacent burial plots and the single access road to the cemetery. Site investigation of potential jurisdictional waters was conducted by FNI scientists using methods outlined in the 1987 Corps of Engineers Wetlands Delineation Manual, the Eastern Mountains and Piedmont Regional Supplement (Version 2), and subsequent regulatory guidance. Data and Figures to support these decisions are included with this request. Please contact me with any questions or comments and to schedule a site verification at jason.steele@freese.com or (540) 449-2837. Best Regards, Jason Steele, PhD, PWS Senior Environmental Scientist Freese & Nichols, Inc. enc: Jurisdictional Determination Request Form and Preliminary Jurisdictional Determination Form 531 N. Liberty St. + Winston-Salem, North Carolina 27101 + 336-790-6744 + FAX 817-735-7491 Agent Authorization www.freese.com I(we) authorize representatives of Freese and Nichols, Inc. to act as my (our) agent regarding the proposed project as described below; to act on my (our) behalf; to take all actions necessary to the processing, issuance, and acceptance of permits and any and all standard and special conditions attached. Project name: Hamilton Avenue Stormwater and Utility upgrades Located at/in: East Ray Ave, High Point, NC Owner/applicant name: City of High Point, North Carolina Signed: `� Date: 2/13/2024 urisdictional Determination Reauest US Army Corps of Engineers Wilmington 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.g my.mil/Missions/Re ul�atoiyPermitProgram/Contact/Coun!yLocator.aWx, 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: 312 Qubein Ave City, State: County: High Point, NC Guilford Parcel Index Number(s) (PIN): 189757 B. REQUESTOR INFORMATION Name: Jason Steele, PhD, PWS Mailing Address: 501 N. Liberty St Winston-Salem, NC 27101 Telephone Number: (540) 449-2837 Electronic Mail Address: Jason.Steele@freese.com Select one: ❑ I am the current property owner. ✓❑ I am an Authorized Agent or Environmental Consultanti ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: City of High Point c/o Melinda King Mailing Address: 211 South Hamilton St, Suite 206 High Point, NC 27264 Telephone Number: (336) 336-3218 Electronic Mail Address: melinda.king@highpointnc.gov 1 Must provide completed Agent Authorization Form/Letter. 2 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. Jason Steele Print Name Capacity: ❑ Owner ❑✓ Authorized Agents 2/21 /2024 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. ❑ 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: 3 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. 5 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) ❑✓ 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 I I review area. ✓❑ Size of Property or Review Area 12.64 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: 35.966267 Longitude:-80.007763 zA legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I Ix 17 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. F] 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. http://www.saw.usace.army.mil/Missions/Regulatoiy-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request Completed 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 Forma W1 Vicinity Map zAerial Photograph z USGS Topographic Map Soil Survey Map zOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) zLandscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑✓ NC Division of Water Resources Stream Identification Forms �J Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02 App A Prelim JD_ Form_fillable.pdf s Please see http://www.saw.usace.4M.mil/Missions/ReaWatory-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 federal jurisdiction 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: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jason Steele 501 N. Liberty St, Winston-Salem NC 27101 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: 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: Guilford City: High Point Center coordinates of site (lat/long in degree decimal format): Lat.: 35.966267 Long.:-80.007763 Universal Transverse Mercator: Name of nearest waterbody: Boulding Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): 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) S 1 35.96560 -80.00822 713 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: 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:See attached mapping ❑ 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: High Point West ❑ Natural Resources Conservation Service Soil Survey. Citation: ■❑ National wetlands inventory map(s). Cite name: Most recent NC Wetlands Mapping from USFWS ❑ State/local wetland inventory map(s): ■FEMA/FIRM maps: 3710780000 ❑ 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): 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. 531 N. Liberty St. + Winston-Salem, North Carolina 27101 + 336-790-6744 + FAX 817-735-7491 www.freese.com TO: Olivia Kerss, PE (Freese and Nichols) FROM: Jason Steele, PhD, PWS; Liam Hales SUBJECT: Natural Resources Investigation Technical Memo PROJECT: HPT23822 — Hamilton-Montlieu Monroe Place Utility & Stream Improvements DATE: November 17, 2023 1.0 INTRODUCTION This technical memorandum presents the methods and results of an evaluation of the Hamilton-Montlieu Monroe Place Utility & Stream Improvements project located in High Point, Guilford County, North Carolina. (Figure 1). Freese and Nichols, Inc. (FNI) performed a delineation of potential Waters of the U.S. (WOTUS) and a habitat assessment for federally listed species on the 12.64-acre area of investigation (AOI). The two main efforts summarized in this memorandum include: WOTUS Delineation —to evaluate compliance with Section 404 of the CWA and the US Army Corps of Engineers (USACE) permit application process, and Federally -listed Species Habitat Assessment — to evaluate compliance with the Endangered Species Act. The discussion in this memorandum also addresses Migratory Bird Treaty Act/Bald and Golden Eagle Protection Acts, cultural resources, erosion and sediment control permits, floodplains, Section 401 Water Quality certification, and stream buffer requirements. 2.0 METHODS 2.1 DESKTOP ASSESSMENT Prior to conducting the onsite field investigation, relevant site -specific information was reviewed. Information sources included: the High Point West US Geologic Survey (USGS) topographic quadrangle (Figure 2), natural color aerial imagery (Figure 3), Natural Resources Conservation Service (NRCS) soils data (Figure 4), North Carolina effective flood zone data, NCFRIS (Figure 5), and surface water data from the National Wetlands Inventory (NWI) dataset (Figure 6). Site -specific background information was reviewed to assess whether evidence indicative of wetlands or other WOTUS occur in the AOI limits. The US Army Corps of Engineers (USACE) Antecedent Precipitation Tool (APT) was reviewed to determine if site observations immediately prior to and during the field delineation were made during a hydrological drought relative to precipitation patterns, stream flow trends, and observed wetland hydrology levels. IIN11ll►lt/DRIY[e .AIV0D]►I WOTUS were delineated pursuant to the USACE 1987 Wetland Delineation Manual, the U.S. Army Corps of Engineers 2012 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0, and subsequent regulatory guidance. Field work was conducted by FNI staff on October 24,2023. All soil colors were determined from moist, undisturbed peds using Munsell Soil Charts. NRCS digital soils data and mapping were obtained from the NRCS website and were compared for consistency with the observed conditions during the field investigations. These data were augmented by review of soils data for the AOI. Samples of vegetation, soils, and hydrology were examined at representative locations within the AOI to determine potential jurisdictional boundaries. Streams and wetlands were classified according to Cowardin et al. (1979). Streams were assessed using the North Carolina Division of Water Resources (NCDWR) Methodologyfor Identification of Intermittentand Perennial Streams and Their Origins, Version 4.11 to determine flow regime. FNI mapped aquatic resources boundaries and sample points using submeter GPS and photographed resources and representative upland areas. The listed species habitat assessment was conducted concurrently with the WOTUS field survey to determine if suitable habitat was present within the AOI. 3.0 RESULTS 3.1 DESKTOP ASSESSMENT 3.1.1 Topography and Elevation The USGS topographic mapping shows the majority of AOI is located in an urban area of Guilford County. The northeast corner of the AOI runs through a cemetery containing open greenspace. The surrounding area slopes northeast towards Boulding Branch (Potential Stream 1) which continues beyond the AOI. Based upon aerial imagery, the urban areas of AOI contain a large amount of impervious area. The portion of AOI that runs through Oakwood Cemetery is maintained with few trees. The surrounding area consists of residential and commercial development. 3.1.2 Floodplains According to NCFRIS, the AOI is within Flood Insurance Map (FIRM) zone 3710780000 (effective date 6/18/2007). The entirety of the AOI is outside of the 100-year floodplain and flood hazard zones. 3.1.3 Soils The AOI contains 1 mapped soil unit, which is not classified as hydric (Table 1). Appendix A contains a custom NRCS soils report for the AOI. 2 Table 1. NRCS mapped soils for the AOL 3.1.4 Streams and Wetlands NWI mapping identified one stream feature located in the northeast corner of the AOL This feature is classified as riverine intermittent streambed seasonally flooded (R4SBC). No wetland features were identified in the AOL 3.1.5 Climate Weather conditions during the field investigation on November 6, 2023, were partly cloudy with temperatures ranging from 39 to 75 degrees Fahrenheit. The Palmer Drought Severity Index indicated that the area was in an incipient drought, and the USACE APT results for November 06, 2023, indicated that the AOI was under normal hydrologic conditions during the field investigation (Appendix B). 3.1.6 Federal and State Protected Species The results of the US Fish and Wildlife (USFWS) Information for Planning and Consultation (IPaC) database search conducted on November 8, 2023, indicated that one federally endangered, one threatened, one proposed endangered, and one federal candidate may potentially occur within the AOI (Appendix C). A search of the North Carolina Natural Heritage Program conducted on November 15, 2023, indicated no state endangered or threatened species may potentially occur within the AOL A summary of identified listed species is included in Table 2. Table 2. USFWS and state listed species for the AOL Name Name Status* Status* Database Source" Fields, meadows, urban and Danaus Monarch suburban parks and gardens, C N/A 2 plexippus Butterfly roadsides and other sunny open spaces Helianthus Schweinitz's open woods, roadsides, and schweinitzii Sunflower E E other rights -of -way 2 Isotria Small Whorled forests, especially with white medeoloides Pogonia T T pine 2 Perimyotis roosts in clumps of leaves Tricolored Bat PE E 2 subflavus (mainly in summer), caves, rock 3 *E = Endangered, T= Threatened, C= Candidate, NA= not listed as candidate, threatened, or endangered, PE= proposed endangered **1 = North Carolina Natural Heritage Program, 2 = USFWS IPaC FIELD INVESTIGATION 4.1 FIELD DELINEATION One potential stream and no potential wetlands were identified within the AOL Appendix D provides mapping of identified aquatic resources; Appendix E provides representative photographs. NCDWR forms are included in Appendix F. 4.1.1 Uplands The upland vegetation community within Oakwood Cemetery includes characteristics of a modified mesic mixed hardwood forest (piedmont subtype) including the presence of deep, well -drained soils (Schafale 2012). Currently, the AOI consists of maintained turfgrass with a mix of a few softwood trees. These species include loblolly pine (Pinus toedo) and Eastern red cedar (Juniperus virginiona). Almost no other vegetated areas remain in the other extents of AOI as it is a heavily developed downtown area. 4.1.2 Wetlands No potential wetland features were identified during the field delineation. 4.1.3 Streams One potential stream feature was identified in the AOL The origin of Boulding Branch is located at the 36" HDPE culvert in the southeast corner of Oakwood Cemetery. A 713 ft section of Boulding Branch continues through the AOI and beyond the northeast corner through the existing 6' x 4' box culvert. Table 3 includes stream feature names, location, Cowardin classification, flows, and size. Appendix F contains NCDWR stream identification forms documenting stream flow classification. M Table 3. Delineated stream and wetland details 4.1.4 Listed Species Habitat Assessment A biological conclusion is included below for each species identified by the North Carolina Natural Heritage Program and the USFWS IPaC database rendered based upon field habitat assessment in the AOI is included in Table 4. Table 4. Biological conclusion and habitat assessment results for identified protected species within the AOI. ME "�rHabitat Scientific Name Common Name Assessment Biological Conclusion Habitat present within cemetery in Fields, meadows, AOI; however, these urban and suburban Donaplexippus Monarch Butterfly parks and gardens, areas areus No Effect mechanical and roadsides and other chemically sunny open spaces maintained during the growing season. No open woods were found during woods, field investigation. Heliopen thus s SSunflo e roadsides, and other All roadsides in the No Effect chwe schweinitzii Sunflower rights -of -way AOI are maintained during the growing season. Isotria medeoloides Small Whorled forests, especially No forests located in No Effect Pogonia with white pine AOI roosts in clumps of leaves (mainly in The AOI contains Perimyotis subflavus summer) caves multiple large Tricolored Bat culverts which may May Affect rock crevices, and provide habitat for other dark and Tricolored Bat. sheltered places 5.0 DISCUSSION 5.1 SECTION 404 PERMITTING As described above, one potential stream was identified within the AOI. This feature should be considered potential WOTUS and avoided to the maximum extent practicable. Based upon the field investigation and the current design specifications (in -progress), two USACE Nationwide Permits (NWP) will be required for proposed activities. The replacement of the culvert on upstream end of Potential Stream 1 qualifies for a NWP 3 (Maintenance). Since the project will be replacing a previously authorized structure or fill, no Pre - Construction Notice (PCN) will not be required, as long as the Project avoids the national and regional NWP 3 PCN triggers, as follows: • Activities include only minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement. • Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill. Any removal of material from the stream channel must be immediately adjacent to the project. • No activity shall substantially disrupt the necessary life cycle movements of those species' aquatic life indigenous to the waterbody. • No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). • To the maximum extent practicable, the pre -construction course, condition, capacity, and location of open waters must be maintained. • All activities must comply with applicable FEMA approved state or local floodplain management requirements. • There would be no PCN triggers from the Nationwide Permit General Conditions including potential impacts to threatened or endangered species (General Condition 18, Endangered Species) and potential impacts to historic properties (General Condition 20, Historic Properties). • There will be no PCN triggers from the State of North Carolina Regional Conditions. The Bank Stabilization of the stream banks of Potential Stream 1 qualifies for a NWP 13 (Streambank Stabilization). As designed, the proposed project would not require submittal of a PCN because it would avoid the national and regional NWP 13 PCN triggers, as follows: • There would be no discharge into a special aquatic site, including wetlands; • Bank stabilization activities would not exceed 500 linear feet in length; • There would be no discharge greater than an average of one cubic yard per running foot as measured along the length of the bank below the plane of the OHWM; • There would be no PCN triggers from the State of North Carolina Regional Conditions; and 130 • There would be no PCN triggers from the Nationwide Permit General Conditions including potential impacts to threatened or endangered species (General Condition 18, Endangered Species) and potential impacts to historic properties (General Condition 20, Historic Properties). This project has the potential to trigger General Condition 18, Endangered Species, through the anticipated impact of tricolored bat from the removal of two culverts greater than 24" in diameter. This project could also trigger General Condition 20, Historic Properties, as this project is in both a recognized historic district and historic cemetery. One NCSHPO National Register building was found within the one - mile search radius (NCSHPO ID-GF0442). Due to potentially not satisfying the Nationwide Permit General Conditions, a PCN will be required for both NWP 3 and NWP 13 for this project. 5.2 WATER QUALITY CERTIFICATION (SECTION 401) Construction of the proposed project must comply with the Section 401 Water Quality Certification (WQC) Conditions for NWPs that have been issued by the North Carolina Department of Environmental Quality Division of Water Resources (NCDWR). The NCDWR conditionally certifies that work authorized by NWP 13 (NC Water Quality General Certification No. 4245) and NWP 3 (General Certification No. 4239) Water Quality Certification would not result in a violation of established North Carolina Surface Water Quality Standards as required under the authority of Section 401 of the CWA as long as NC General Certification Conditions are met, and all North Carolina Sediment and Erosion Control best management practices are implemented forthe proposed project activities. The proposed project would not require written approval for a 401 Water Quality Certification from NCDWR because it would meet certification thresholds as follows. For Nationwide Permit 3 (General Certification No. 4239): • Total additional impacts to streams at an existing impact location will be less than 40 linear feet; • Total additional impacts to wetlands or open waters at an existing impact location will be less than 0.10 acre; • No impacts to streams from excavation or dredging other than excavation that is conducted as preparation for installing permanent fill structures • No stream restoration or relocation; • Complete dewatering or drawdown to the sediment layer that ensures no discharge of sediment will occur downstream with an approved Sediment and Erosion Control Plan; • No high density development; • No permanent impacts to coastal wetlands; and, • No impacts to state regulated riparian buffers For Nationwide Permit 13 (General Certification No. 4245) 7 • Total temporary and permanent impacts to streambanks or shorelines of greater than 150 feet for bank stabilization projects when non -natural armoring techniques (e.g. riprap, gabion baskets, deflection walls) are utilized • Total temporary and permanent impacts to streambanks or shorelines of greater than 500 feet for bank stabilization projects when natural techniques (e.g. sloping, vegetation, geolifts) are used; or • Any permanent fill into, or modification of, streambeds except for single and independent stream stabilization or enhancement projects involving in -stream structures that meet the following criteria: i. Designed based on current natural channel techniques; and ii. In -stream structures do not exceed a spacing of three structures per 100 feet of stream length up to a total of 500 feet of streambank stabilization; or • Any permanent fill into, or modification of, wetlands; or • Any stream restoration or relocation other than stream relocations that are conducted for the purpose of proper culvert installation, alignment, protection, repair or maintenance where the relocation length is equal to or less than 50 feet in length and the relocated stream is designed and installed based on current natural channel techniques; or • Complete dewatering and drawdowns to a sediment layer related to pond/dam maintenance or removal unless the dewatering activity has been designed to ensure no discharge of sediment will occur into downstream waters AND has been covered by a Sediment and Erosion Control Plan Approval from the Division of Energy, Mineral, and Land Resources (DEMLR) or a delegated local program; or • Any permanent impacts to waters, or to wetlands adjacent to waters, designated as: ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, or North Carolina or National Wild and Scenic River; or i) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as Trout • No permanent impacts to coastal wetlands; and, • No impacts to state regulated riparian buffers This project has the potential to trigger NWP 13 General Certification No. 4245, through the anticipated bank stabilization measures requiring morethan 150feetof non -natural armoring techniques. This project could also trigger NWP 3 General Certification No. 4239, as this project intends to relocate the right streambank away from an existing cemetery road. Due to potentially not satisfying the Nationwide Permit General Conditions, an individual 401 water quality permit may be required for both NWP 3 and NWP 13 for this project. E•1 5.3 FEDERAL AND STATE LISTED SPECIES One federally endangered, one federally threatened, one proposed endangered, and one federal candidate species were identified as potentially occurring within the AOI. A habitat assessment was conducted concurrently with the WOTUS investigation to determine if habitat occurred within the AOI footprint. Based upon the results of the habitat assessment and resulting biological conclusions, the proposed project will have no effect on any of the currently listed species, however, has the potential to affect the Tricolored Bat, a proposed endangered species. The Tricolored Bat may be impacted through the removal of two culverts greater than 24" in diameter which may provide habitat. The special conditions associated with US Army Corps of Engineers permitting require additional coordination with the USFWS for any proposed listed species. 5.4 MIGRATORY BIRD TREATY/BALD EAGLE PROTECTION ACTS The Migratory Bird Treaty Act (MBTA) of 1918 prohibits the "take" (e.g., pursue, hunt, shoot, wound, kill, trap, capture, or collect) or possession of migratory birds, as well as the parts, nest, or eggs of migratory birds. According to the U.S. Department of the Interior Director's Order No. 225, "incidental take", which includes the take or kill of migratory birds that results from, but is not the purpose of an activity, is included as "take" under the MBTA. Two common avoidance practices to reduce the potential for the incidental take of migratory birds are (1) clearing or grading of the site during the non -breeding season, or (2) conducting migratory bird nest surveys shortly before project construction. The primary nesting season for North Carolina is between 15 March and 31 August. Table 5 displays migratory Birds of Conservation Concern (BCC) identified by the USFWS IPaC database within the AOI along with their associated breeding season. Coordination with the USFWS would be required by the Bald and Golden Eagle Protection Act of 1940 if proposed project activities would "take" or disturb a protected eagle or their nest. It is generally not considered disturbance if construction activities occur greater than 660 feet from a protected nest. Bald and golden eagles or their nests were not observed during the pedestrian survey and are unlikely to use the AOI due to lack of habitat and access to open water. Table 5. Breeding seasons for migratory birds identified as protected species within the AOI Scientific Name Haliaeetus leucocephalus Common Name Bald Eagle Breeding Season September 1 to July 31 Chaetura pelagica Chimney Swift March 15 to August 25 Protonotaria citrea Prothonotary Warbler April Ito July 31 Melanerpes erythrocephalus Red-headed Woodpecker May 10 to September 10 Euphagus carolinus Rusty Blackbird Breeds elsewhere Hylocichla mustelina Wood Thrush May 10 to August 31 E 5.5 CULTURAL RESOURCES State coordination with NC SHPO was initiated on November 10, 2023. The NC SHPO response on December 20, 2023 indicated, "Your letter notes that ground disturbing activities will take place within Oakwood Municipal Cemetery (GF1583). The planned activities will occur along the streambank and are unlikely to encounter burials." SHPO correspondence is included in Appendix G. 5.6 EROSION AND SEDIMENT CONTROL PERMITS For land disturbance activities (including vegetation removal, grading, and placement of fill) that exceed one acre in size, an erosion and sedimentation control permit is required to be obtained from the North Carolina Department of Energy, Mineral, and Land Resources (DEMLR) or local permitting authority prior to commencing construction activities. The total impacted area is anticipated to be greater than one acre, therefore an erosion control permit will be required. 5.7 FLOODPLAINS According to FEMA mapping, the AOI is outside of the 100-year floodplain. No additional studies or certifications for floodplain compliance are required for the project. 5.8 NORTH CAROLINA STREAM BUFFERS The North Carolina Riparian Buffer Protection Rules restricts land disturbance and trimming of vegetation within 50-feet of State waters within the Neuse, Tar -Pamlico, Catawba rivers, as well as the Randleman Lake, Jordan Lake and Goose Creek watersheds. The proposed project is located within the Randleman Lake watershed. Intermittent streams, perennial streams, lakes, ponds, reservoirs, and estuaries located within the AOI are applicable to the Randleman Lake Water Supply Watershed Buffer Rules (401 & Buffer Permitting Statutes & Rules, NCDEQ). Potential Stream 1 does not have a forested buffer within the AOI due to maintenance activities associated with Oakwood Cemetery. According to historic aerial photographs, the buffer has been maintained in a mowed state since at least 1980 (Historic Aerials, 2023). Based upon the Randleman Lake Water Supply Watershed Buffer Rule (6)(a), the current land use of maintained lawns is exempt from the buffer rule if the activity has been ongoing prior to 1999. No additional buffer protections will be required with the AOI so long as the proposed activities conform to existing practices. 5.9 TREE PROTECTION No trees are expected to be impacted as a result of this project. The removal of any trees will require approval from the Urban Forestry Committee and may be subject to tree mitigation requirements. 6.0 CONCLUSIONS AND RECOMMENDATIONS Section 404/401 Permitting 10 As designed, the proposed project will require a Nationwide Permit 13, Nationwide Permit 3, and a Pre - Construction Notice, and will meet North Carolina Section 401 WQC requirements. Federally Listed Threatened and Endangered Species The proposed project will have no effect on any of the currently listed species, however, has the potential to affect the Tricolored Bat, a proposed endangered species. The special conditions associated with US Army Corps of Engineers permitting require additional coordination with the USFWS for any proposed listed species. Migratory Birds and Bald and Golden Eagle Protection The proposed project is not expected to cause take of migratory birds or disturb eagles, and therefore, would not require coordination with the USFWS under the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act if USFWS Best Practices are implemented during construction. Cultural Resources Coordination with NCSHPO is ongoing to ensure no cultural resources are impacted and the project complies with Section 106 requirements. Erosion and Sediment Control Ground disturbance is anticipated to be greater than one acre; therefore, an erosion and sediment control permit will be required. Floodplains The project area is outside of the 100-year floodplain, therefore no additional studies or certifications for floodplain compliance are required for the project. Stream Buffers Any construction activities will be required to adhere to the State stream buffer requirements. The project is in Guilford County, within the Cape Fear River Basin watershed, also within the Randleman Lake Buffer Area which requires a 50-foot buffer on all surface waters (intermittent streams, perennial streams, lakes, reservoirs and ponds). Based upon the Randleman Lake Water Supply Watershed Buffer Rule (6)(a), the current land use of maintained lawns is exempt from the buffer rule if the activity has been ongoing prior to 1999. No additional buffer protections will be required with the AOI so long as the proposed activities conform to existing practices. Neither Guilford County nor the City of High Point has any additional riparian buffer regulations. 7.0 REGULATORY REQUIREMENTS AND LIMITATIONS The limits of waters of the U.S. described in this report are based on an examination of field conditions at the time of this investigation and may differ from future observations by others. The jurisdictional nature of the WOTUS described in this report are subject to concurrence from the USACE. This report does not constitute a jurisdictional determination; such determinations must be verified by the USACE. Section 404 (b)(1) of the Clean Water Act authorizes the USACE to regulate the placement of fill in jurisdictional areas. 11 Any proposed impacts to waters of the U.S. may require authorization from the appropriate federal, state, and/or local regulatory agencies. 8.0 REFERENCES Cowardin, L., V. Carter, F. C. Golet and E. T. La Roe 1979. Classification of Wetlands and Deepwater Habitats of the United States. U. S. Fish and Wildlife Service Document OBS/79-31. U. S. Government Printing Office, Washington, DC. Environmental Laboratory 1987. U.S. Army Corps of Engineers Wetland Delineation Manual. Technical Report Y-87-1. U.S. Army Corps of Engineers, Waterways Experimental Station. Vicksburg, MS. Historic aerials. 2023. https://www.historicaerials.com/. Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina, Fourth Approximation March 2012. NC Department of Natural Resources, Natural Heritage Program 401 & Buffer Permitting Statutes & Rules, NC DEQ https://www.deg.nc.gov/about/divisions/water- resources/regulations-guidance/401-buffer-permitting-statutes-rules#StatutesRules RiparianBuffers. U.S. Army Corps of Engineers. 2020. National Wetland Plant List, version 3.5. http://wetland- plants.usace.army.mil U.S. Army Corps of Engineers. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region, Version 2.0. U.S. Army Engineer Research and Development Center Environmental Laboratory. Vicksburg, MS. U.S. Department of Agriculture - Natural Resources Conservation Service. 2022. Web Soil Survey. http://websoilsurvey.nrcs.usda.gov/app/ U.S. Department of Agriculture, Natural Resources Conservation Service. 2018. Field Indicators of Hydric Soils in the United States, Version 8.2. L.M. Vasilas, G.W. Hurt, and J.F. Berkowitz (eds.). USDA, NRCS, in cooperation with the National Technical Committee for Hydric Soils. U.S. Fish and Wildlife Service (USFWS). 2023. IPaC. Information for Planning and Consultation web page. https://ecos.fws.gov/ipac/ U.S. Fish and Wildlife Service (USFWS). 2023b. Critical Habitat for Threatened and Endangered Online Mapper. Retrieved from: https://fws. maps.arcgis.com/home/webmap/viewer. htm l?webmap=9d8de5e265ad4fe09893cf75b8dbf b77 Wetland Training Institute 2020. Pocket Guide to HydricSoil Field Indicators (Based on USDA Field Indicators of HydricSoils in the United States, Version 8.2). Glenwood, NM 12 FIGURES C- �e 0 W Parris Ave 7 Parr\SP o N Yadkin Ainston- m Salisbu � E N = z lesille Rowan n Qa� High Point O< CC ub Emerywood Sunset Dr Course O U z o U Gatewood Ave �Z Ferndale Blvd he C stnut D i o �a �r Phillips qv w e Floral Garden L Park Cemetery 0 LL Rockingham ale (Guilford Greensboro I o n t m Asheboro Randolph Caswell mance Ora 1A Chatham 0 High Point University s 0 a� 0 U Z ,e,.,de I I Oc VV Leonard Ave m o_ m a � I Ave Ave Taylor Ave 311� m a \jail Ave \N \N\\\\s Pie 3. ooarow Ave n N o �\\eu Ave c u Barbee Ave a N - hardson Ave J f O r HIGH POINT c l E Russel PkGrimes Ave`" I� I E Grimes 0 ° 0 E Russell U qve 3 Wise Ave ey Legend Investigation o Area GJ Figure 1 Project Location amilton-Montlieu Monroe Place Utility & Stream Improvements Guilford County, NC 91,11NICHOLS Coordinate System: NAD 1983 State Plane North Carolina FIPS 3200 Feet N 0 0.2 0.4 Miles 1,250 2,_` Feet A IF - 011 Y 000 ode i WC. 010 1 ~ lye ON •• \/ • �� i 14 Legend Figure 3 Aerial Imagery N Hamilton-Montlieu Monroe Place Utility & Stream Improvements Investigation Area Guilford County, NC 910FREESE 0 0.03 0.05 12 AICHOLS Miles 0 150 300 F- Coordinate System: NAD 1983 State Plane North Carolina FIPS 3200 Feet Feet fit s4L000 ✓ , , . a i EuB Ur 'A 100 q, K Legend Figure 4 NRCS Soils N Investigation Area Hamilton-Montlieu Monroe Place Utility & Stream Improvements EuB - Enon-Urban Guilford County, NC land complex, 2 to 10 percent slopes FREESE Ur -Urban Land 91012 ONICHOLS ° ° 03 ° 05 Miles 0 150 300 FCoordinate System: NAD 1983 State Plane North Carolina FIPS 3200 Feet Feet S i� �- • (0) &RM "ID: 3710780100 Effective Date'`MOW- -/l Ri<)nn7 00droW Ve i J o Oakwood Cemetery it - Sunset Dr L � Medical Center e�►�.r,_ FIRM FIRM,ID* cer Ln- ��uaker Ln Effective Date:. .. Effective DatE Alt6'%09 6%18 07 od Ave Gatewood Ave�41 Ferndale Blud 'as � t "� � '�' �✓ ' ,.rsy '6 _Greyhound -High Point Pie ,a" High Point � W Russell Aue /� 1 _ a ANNUAL ,. �D HAZARD 0.2 - ANNUALCHp FLOOD HAZ 311 IM .4 e vo 0 . se e High bint Medical Center N e 11-0off' T Armstrong M =ood Oakwood 'wo0' Cemetery e F I Mft Y" A-- I IWO", 4 IlaInternat! 0 B er V 0 Legend Figure 6 NWI N Hamilton-Montlieu Monroe Place Utility & Stream Improvements Guilford County, NC Investigation Area A Riverine FREESE 0 0.07 0.15 ININAKHOLS Miles Coordinate System: NAD 1983 State North Carolina HIPS 3200 Feet 0' 400 800 F- Feet APPENDIX A AOI SOILS REPORT USDA United States Department of Agriculture N RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Guilford County, North Carolina Hamilton-Montlieu Monroe Place Utility & Stream Improvements November 7, 2023 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nres.usda.gov/wps/ portal/nres/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https:Hoffices.sc.egov.usda.gov/locator/app?agency=nres) or your NRCS State Soil Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/? cid=nres142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. Contents Preface.................................................................................................................... 2 How Soil Surveys Are Made..................................................................................5 SoilMap.................................................................................................................. 8 SoilMap................................................................................................................9 Legend................................................................................................................10 MapUnit Legend................................................................................................ 11 MapUnit Descriptions.........................................................................................11 Guilford County, North Carolina......................................................................13 EuB—Enon-Urban land complex, 2 to 10 percent slopes ...........................13 Ur —Urban land........................................................................................... 14 References............................................................................................................15 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil Custom Soil Resource Report scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil -landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and Custom Soil Resource Report identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. Custom Soil Resource Report Soil Map b a b 5892W 5893W 5894W 5895W 35° 58' 4" N I 14 35° 57 36" N 589200 589300 589400 589500 58960C b a Map Scale: 1:4,180 if printed on A portrait (8.5" x 11") sheet. $ Meters N 0 50 100 200 300 Feet 0 200 400 800 1200 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: lffM Zone 17N WGS84 9 5897W 5897W v b 589800 1 35° 58'4" N 1y— 35° 57 36" N 589800 v 0 MAP LEGEND Area of Interest (AOI) 0 Area of Interest (AOI) Soils 0 Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Iwo Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit �i Gravelly Spot Landfill A. Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip oa Sodic Spot Custom Soil Resource Report MAP INFORMATION Spoil Area The soil surveys that comprise your AOI were mapped at 1:20,000. Stony Spot Very Stony Spot Warning: Soil Map may not be valid at this scale. Wet Spot Enlargement of maps beyond the scale of mapping can cause Other misunderstanding of the detail of mapping and accuracy of soil �- Special Line Features line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed Water Features scale. Streams and Canals Transportation Please rely on the bar scale on each map sheet for map E F Rails measurements. . 0 Interstate Highways Source of Map: Natural Resources Conservation Service US Routes Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Major Roads Local Roads Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts Background distance and area. A projection that preserves area, such as the Aerial Photography Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Guilford County, North Carolina Survey Area Data: Version 22, Sep 13, 2023 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 23, 2022—Apr 27, 2022 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. 10 Custom Soil Resource Report Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI EuB Enon-Urban land complex, 2 to 10 percent slopes 4.9 38.8% Ur Urban land 7.7 61.2% Totals for Area of Interest 12.6 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, 11 Custom Soil Resource Report onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha -Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 12 Custom Soil Resource Report Guilford County, North Carolina EuB—Enon-Urban land complex, 2 to 10 percent slopes Map Unit Setting National map unit symbol: 3sfl Elevation: 200 to 1,400 feet Mean annual precipitation: 37 to 60 inches Mean annual air temperature: 59 to 66 degrees F Frost -free period: 200 to 240 days Farmland classification: Not prime farmland Map Unit Composition Enon and similar soils: 50 percent Urban land: 30 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Enon Setting Landform: Hillslopes on ridges Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down -slope shape: Linear Across -slope shape: Convex Parent material: Saprolite derived from diorite and/or gabbro and/or diabase and/or gneiss Typical profile Ap - 0 to 7 inches: fine sandy loam BA - 7 to 10 inches: sandy clay loam Bt - 10 to 27 inches: clay BC - 27 to 33 inches: clay loam C - 33 to 80 inches: loam Properties and qualities Slope: 2 to 10 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water supply, 0 to 60 inches: Moderate (about 8.3 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3e Hydrologic Soil Group: C Ecological site: F136XY72ONC -Basic upland forest, moist Hydric soil rating: No 13 Custom Soil Resource Report Description of Urban Land Setting Landform: Hillslopes on ridges Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down -slope shape: Linear Across -slope shape: Convex Parent material: Impervious layers over human transported material Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 8 Hydric soil rating: No Ur —Urban land Map Unit Setting National map unit symbol: 3sfm Elevation: 70 to 1,400 feet Mean annual precipitation: 39 to 51 inches Mean annual air temperature: 54 to 63 degrees F Frost -free period: 190 to 250 days Farmland classification: Not prime farmland Map Unit Composition Urban land: 100 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Urban Land Setting Parent material: Impervious layers over human -transported material Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 8 Hydric soil rating: No 14 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nres.usda.gov/wps/portal/ n res/d eta i I/n ati o n a I/s o i Is/?cid = n res 142 p2_0 54262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www. nres. usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www. nres. usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nres.usda.gov/wps/portal/nres/detail/soils/ home/?cid=nres142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nres.usda.gov/wps/portal/nres/ detail/national/landuse/rangepastu re/?cid=stelprdb1043084 15 Custom Soil Resource Report United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http://www.nres.usda.gov/wps/portal/ n res/d eta i I/so i Is/scie ntists/?cid=n res 142 p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nres.usda.gov/wps/portal/nres/detail/national/soils/? cid = n res 142 p2_05 3624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:H www.nrcs.usda.gov/lnternet/FSE—DOCUMENTS/nrcsl 42p2_052290. pdf it. APPENDIX B ANTECEDENT PRECIPITATION TOOL QUERY RESULTS Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network Daily Total 30-Day Rolling Total 30 Year Normal Range 2023-10-07 Ilk 2023-09-07 2023-11-06 r� n n n Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 2023 2023 2023 2023 2023 2023 2023 2023 2023 2024 2024 2024 Coordinates 35.9662936,-80.0076086 Observation Date 2023-11-06 Elevation (ft) 884.872 Drought Index (PDSI) Incipient drought (2023-10) WebWIMP HZO Balance Wet Season Figure and tables made by the Antecedent Precipitation Tool Version 1.0 Written by Jason Deters U.S. Army Corps of Engineers 30 Days Ending 301h °/pile (in) 701h °/pile (in) Observed (in) Wetness Condition Condition Value Month Weight Product 2023-11-06 1.685433 4.094488 1.141732 Dry 1 3 3 2023-10-07 2.137008 4.394095 5.5 Wet 3 2 6 2023-09-07 2.968504 5.586221 2.464567 Dry 1 1 1 Result Normal Conditions - 10 Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted A Days Normal Days Antecedent GREENSBORO AP 36.0969,-79.9431 901.903 9.717 17.031 4.538 11351 89 SUMMERFIELD 1.7 ESE 36.1896,-79.8694 865.158 7.611 36.745 3.705 0 1 HIGH PT 35.9675,-79.9708 899.934 9.074 1.969 4.101 1 0 APPENDIX C USFWS IPAC RESULTS NCNHP RESULTS United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2024-0014285 November 08, 2023 Project Name: Hamilton-Montlieu Monroe Place Utility and Stream Improvements Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 11/08/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 11/08/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles • Migratory Birds OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 11/08/2023 4 PROJECT SUMMARY Project Code: 2024-0014285 Project Name: Hamilton-Montlieu Monroe Place Utility and Stream Improvements Project Type: Stream Preservation Project Description: Stream and Utility Improvements Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.9641087,-80.00899283841005,14z Ft:^ Nii i. 4 �nnlaf Counties: Guilford County, North Carolina 11/08/2023 5 ENDANGERED SPECIES ACT SPECIES There is a total of 4 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10515 INSECTS NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Small Whorled Pogonia Isotria medeoloides Population: No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1890 STATUS Proposed Endangered STATUS Candidate STATUS Endangered Threatened 11/08/2023 [:1 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treaty Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are bald and/or golden eagles in your project area. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 11/08/2023 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read the supplemental information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (0) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC ++ ■ii+ J+++ +1++ J J++ —++� �r� ---+ ■J 1161 —i—i iiii Vulnerable lies ���� ���� mmmr on r000 0 ��� Additional information can be found using the following links: • Eagle Managment https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-mi rator. • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-mi ratory-birds-and-bald-and-golden-ea les-may-occur- project-action 11/08/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https:Hecos.fws.gov/ecp/species/9406 Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https:Hecos.fws.gov/ecp/species/9439 BREEDING SEASON Breeds Sep 1 to Jul 31 Breeds Mar 15 to Aug 25 Breeds Apr 1 to Jul 31 Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. https:Hecos.fws.gov/ecp/species/9398 Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9478 11/08/2023 E NAME BREEDING SEASON Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. https:Hecos.fws.gov/ecp/species/9431 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read the supplemental information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle+++ 111+ ,+—+ —� 1111 11�1 1111 1111 Non -BCC Vulnerable '— — BCCRangewide +++++ Chimney Swift +1111111 mill 1111110, no 1--1---- - - -+ (CON) Prothonotary ++++ ++++ + +++ —�—+ ++�+ +—�+ —�—� ��� Warbler + BCC Rangewide (CON) 11/08/2023 10 Red-headed ++ + +++, + ++ ++++ ,+ +� Woodpecker + + ++ —++� —+-- —�—+ + + +—�+ —�—� ���+ BCC Rangewide (CON) Rusty Blackbird ++++ +,++ ++++ ++++ ++++ —++— —+-- ---+ ++—+ +­+ — — — — ---+ BCC-BCR Wood Thrush +� I I I ++++ —++ +� 4- 4 — 4- ---- ---+BCC ide + +++' (CON) Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-mi rator. • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/suDDlemental-information-mis7ratorv-birds-and-bald-and-s7olden-eas-les-mav-occur- project-action 11/08/2023 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Liam Hales Address: 531 N Liberty Street City: Winston Salem State: NC Zip: 27101 Email liam.hales@freese.com Phone: 3369379235 Roy Cooper, Governor MEN �00 0 INC DEPARTMENT OF t ■ ■■u■■ NATURAL AND CULTURAL RESOURCES ■ ■■■ November 15, 2023 D_ Reid Wilson, Secretary Misty Buchanan Deputy director, Natural Heritage Program NCNH DE-23988 Melissa Mitchell Freese & Nichols 531 N. Liberty St. Winston Salem, NC 27101, NC 27101 RE. Hamilton-Montlieu Monroe Place Utility & Stream Improvements Project, HPT23822 Dear Melissa Mitchell: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httl2s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritageLdncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH. Nc 27699 OFC g19.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Hamilton-Montlieu Monroe Place Utility & Stream Improvements Project Project No. HPT23822 November 15, 2023 NCNHDE-23988 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Crustacean 9367 Cambarus catagius Greensboro Burrowing 1993-06-23 H? 2-High --- Special G2 S1 Crayfish Concern No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Type Ed City of High Point - Armstrong Park City of High Point Local Government City of High Point - Barker Bradshaw Park City of High Point Local Government City of High Point - Council Street Park City of High Point Local Government City of High Point - Macedonia Park City of High Point Local Government City of High Point - Parkside Park City of High Point Local Government City of High Point Open Space City of High Point Local Government City of High Point Open Space City of High Point Local Government City of High Point Open Space City of High Point Local Government City of High Point Open Space City of High Point Local Government City of High Point Open Space City of High Point Local Government City of High Point Open Space City of High Point Local Government High Point University - McCain Park High Point University Private NC Land and Water Fund Project NC DNCR, NC Land and Water Fund State Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on November 15, 2023; source: NCNHP, Fall (October) 2023. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-23988: Hamilton-Montlieu Monroe Place Utility & Stream Improvements Project 1 c" Da1135 Pve A# o m On r. °° E E TeX m ^ W Lexington Ave 943 s. 7 O� 9po S � s�a�e o N WE � C�en�r�1 v o p o 0 1 0 U N H a • � v 311 LL High Point University O Z Mendell Ave eu Ave �, Washington Terrace Z W Parkway Ave ^ v Barbee Ave v Community High Point C o c0 Park Emerywoo T Sunset Dr z Course 0 o r^ v � 0 0 J a W Westwood Ave 919ft Gatewood Ave !, L Hard Ave ryd Z Ferndale Blvd sy� A u 0 i CheStnJvDr Chestnut Dr High Point et E Russell Aveo Phillips y of 0 0 E Russ 3 Ave O 13 w /� —' w m ell Ave Grimes9kvl = E Grimes Ave Taylor 31 161 IAve 016 !y PS/e November 15, 2023 Managed Area (MAREA) Q Buffered Project Boundary Q Project Boundary 1.2 Miles J Sources: Esri, Airbus OS. USGS. NGA. NASA, CGIAR. N Robinson. NCEAS, NLS, OS, NMA, Geodatastyrelseo, Rijkswaterstaat, GSA, Geoland, FFMA, Intermap and the GIS user community Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community Page 3 of 3 APPENDIX D WOTUS MAPPING `$ ;$or, tf w -f. -• D D &NOW D 11 0 yaw Li -, AAat s.� 1Nv r 19 or Am N t =i • '1e `•i � � it .f • L r + L - 10 1 Legend Appendix D - Potential WOTUS Features N Hamilton-Montlieu Monroe Place Utility & Stream Improvements Potential Stream Guilford County, NC Feature Photo Log Points FREESE 531 N. Liberty St 0 0.03 0.05 Investigation Area EMO� AICH0LS Winston-Salem, NC 27101 Mlles 0 150 300 F_ Coordinate System: NAD 1953 State Plane North Carolina HIPS 3200 Feet 11/13/2023 Feet APPENDIX E REPRESENTATIVE SITE PHOTOGRAPHS Photo 1. 36" HDPE culvert where Potential Stream 1 feature starts. The existing culvert will be removed and replaced with a 6' x 4' concrete box culvert. Photo 2. Potential Stream 1 directly downstream from photo 1. Arrow indicates approximate edge of AOL O ry "ti. � 1• ��-}�`�'� N•y� � A ` ,. y � % T} i Y ,[-' �1•ih ii �f ri' �ii�'�,� �� A •`{� ��L 4.I. f t$' rlsl+i NF3�`��� `M�iw a'A� ��.'� .j �f. Y !' Kam:. 9 - -"•y` � a' 1 � . - w,p ryel2 � •. �.� 1 `` n.. s �- I r �-.�.�—�; - '•P f P ,0 ��- �� � I � ,n Oil$ .�� `�f li'• %� 1 l �. � y. l�� I fr11 Y:c'.v 1• � �'�l •�' Photo 5. End of AOlat6'x4' concrete box culvert. This culvert will not be impacted in this project. Potential Stream 1 continues downstream of the project area. Photo 6. General condition of urban AOI outside of cemetery at the intersection of N Hamilton St and E Ray Ave. Photo 7. Second photo of general condition of urban AOI outside of cemetery at intersection of N Wrenn St and Richardson Ave. Photo 8. Historic Building adjacent to project AOI located at 508 N Hamilton St, High Point, NC 27262. NCSHPO ID - GF0442 APPENDIX F NC DWR STREAM ORIGIN FORMS NC DWQ Stream Identification Form Version 4.11 Date: November 6, 2023 11:15 AM Project/Site: Hamilton-Montlieu Monroe Place Utility and Stream Improvements Latitude: 35.96629 Evaluator: FNI County: Guilford Longitude: -80.00760 Total Points: Stream is at least intermittent if>_ 19 or perennial if>_ 30* Stream Determination: Perennial Other Stream Name: SA 30.5 Absent Weak Moderate Strong 1. Continuity of channel bed and bank* 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 *artificial ditches are not rated; see discussions in manual A. Geomorphology Subtotal 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0_5 1 1.5 16. Organic debris lines or piles 0 0_5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 B. Hydrology Subtotal 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75 OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. C. Biology Subtotal 6 Notes: APPENDIX G NC $HPO COORDINATION North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson December 20, 2023 Jason Steele Freese and Nichols 531 N. Liberty Street Winston-Salem, NC 27101 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Jason. steele(cr�,freese.com Re: Hamilton Avenue stormwater and utility upgrades, Steele Street, Richardson Avenue, North Wrenn Street, and North Hamilton, High Point, Guilford County, ER 23-2582 Dear Mr. Steele: Thank you for your email of November 10, 2023, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. Your letter notes that ground disturbing activities will take place within Oakwood Municipal Cemetery (GF 1583). The planned activities will occur along the streambank and are unlikely to encounter burials. Cemeteries are protected under North Carolina General Statutes Chapter 14-148 and 14-149, and are afforded consideration under Chapter 65. If unmarked human skeletal remains are encountered during construction, the provisions of North Carolina General Statute Chapter 70, Article 3 apply. Construction activities should immediately cease, and the county medical examiner should be contacted. We are not aware of any other archaeological or historic resources which would be affected by the project. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgdncr.nc.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898