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HomeMy WebLinkAbout20240571 Ver 1_HE-0013A_Attachments_20240417STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR April 12, 2024 To whom this may concern: J.R. "JOEY" HOPKIINs SECRETARY Subject: Industrial access road and roadway improvements along US 151501 (Aberdeen Road) at the Laurinburg/Scotland Industrial Site in Scotland County as project HE-0013. The project includes improvements to US-15/501 that will widen and add a turn -lane to an access point to the proposed Laurinburg/Scotland Industrial Site. This access point will be the entrance and exit of a new road that will be installed on new location east of US-15/501. The new access road will tie into US-15/501, cross a Jurisdictional stream, turn north and run parallel to US-151501 to provide incoming and outgoing traffic to the proposed Laurinburg/Scotland Industrial Site. This PCN (HE-0013A) focuses on drainage improvements at Permit Sites 1-3 that will be carried out along US-151501 and an existing construction access road on near a gas station (Nic Kwik Pick). The drainage improvements will involve the installation of a new culvert beneath US-151501 that will carry a jurisdictional stream from the west side of US- 15/501 to the east side of US-15/501. From this point stream flow will be carried through a new stabilized flow path south along the east side of US-15/501, through an upgraded culvert beneath SR-3101 / Plant Road where the new channel will eventually flow back into an unnamed tributary to Leith Creek. The N.C. Department of Transportation Highway Division 8 is applying for Section 401/404 Water Quality Permits for the abovementioned project with the U. S. Army Corps of Engineers and N. C. Department of Environmental Quality Division of Water Resources. Please find, accompanying the application the following attachments to assist in the permit application review process. Enclosures Attachment A: Pre -Filing Meeting Notification Documentation Attachment B: HE-0013 Wetland and Surface Water Impacts Permit Drawings Attachment C: In -Lieu Fee Program Compensatory Mitigation Approval Letter Attachment D: SAW-2023-00519 Preliminary Jurisdictional Determination Attachment E: HE-0013 MCDC Attachment F: HE-0013 NRTR Attachment G: Hydraulics and Drainage Discussion Please Review and Thank you for your cooperation. Sincerely Art C. King Division Environmental Supervisor NCDOT Highway Division 8 Mailing Address: Location: NC DEPARTMENT OF TRANSPORTATION 121 DOT DRIVE HIGHWAY DmsioN 8 Website: www.nedot.gov CARTHAGE, NC 28327 121 DOT DRIVE CARTHAGE, NC 28327 Attachment A: Pre -Filing Meeting Notification Documentation -4- pages From: Conchilla, Ryan To: Burhans. Terry Cc: Badgett. Rex; Davis. Gregory S; King. Art C; Brumagin. Stephen A (Steve) CIV USARMY CESAW (USA) Subject: EXTERNAL: HE-0013 site meeting Date: Friday, May 5, 2023 11:31:54 AM Attachments: imaae002.i)na imaae003.i)na Terry, That works for me. I'll look forward the PCN submission and final JD verification for this project. Thanks Ryan Conchilla, PWS Environmental Specialist II 401 and Buffer Transportation Permitting Branch (DOT Divisions 7+8) Division of Water Resources, NC Department of Environmental Quality 919-707-9111 office Ryan.ConchillaPncdenr.g_ov �> NORTH CAROLINA Department of Environmental Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Burhans, Terry <Terry.Burhans@mbakerintl.com> Sent: Friday, May 5, 2023 10:22 AM To: Conchilla, Ryan <ryan.conchilla@ncdenr.gov> Cc: Badgett, Rex <jsbadgett@ncdot.gov>; Davis, Gregory S <gsdavis@ncdot.gov>; King, Art C <acking@ncdot.gov> Subject: RE: [External] RE: EXTERNAL: RE: HE-0013 site meeting CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Good Morning and Happy Friday Ryan. I hope all is well. During our field visit back on March 22, 2023, 1 believe we had the discussion of utilizing this email chain as documentation of our 30-day intent to submit a PCN for this project. Do you think that this is still applicable? Thanks for any thoughts. Cheers Terry Terry Burhans, PWS, CPSS I Environmental Scientist Michael Baker International I We Make o Difference 8000 Regency Parkway, Suite 600 1 Cary, NC 27518 [O] 919-481-5775 terry.burhansCo�mbakerintl.com I www.mbakerintl.com From: Conchilla, Ryan <rvan.conchillana ncdenr.gov> Sent: Tuesday, March 21, 2023 2:26 PM To: Burhans, Terry <Terry.Burhans(@rnbakerintl.com>; Davis, Gregory S <gsdavisPncdot.gov>; King, Art C <ackingC@ncdot.gov> Cc: Badgett, Rex <isbadgett @ncdot.gov> Subject: Re: [External] RE: EXTERNAL: RE: HE-0013 site meeting Art, the time and location work for me. See you then. Thanks Get Outlook for iOS From: Burhans, Terry <Terry.BurhansPmbakerintl.com> Sent: Tuesday, March 21, 2023 2:17:20 PM To: Davis, Gregory S <gsdavisPncdot.gov>; King, Art C <ackingPncdot.gov>; Conchilla, Ryan <rvan.conchilla(a)ncdenr.gov> Cc: Badgett, Rex <isbadgett @ncdot.gov> Subject: [External] RE: EXTERNAL: RE: HE-0013 site meeting CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Thanks Art. I am okay with that time and location. See you tomorrow. Cheers Terry Burhans, PWS, CPSS I Environmental Scientist Michael Baker International I We Make o Difference 8000 Regency Parkway, Suite 600 1 Cary, NC 27518 [Oj 919-481-5775 terry.burhansPmbakerintl.com I www.mbakerintl.com From: Davis, Gregory S <gsdavis(@ncdot.gov> Sent: Tuesday, March 21, 2023 12:28 PM To: King, Art C <ackingCcDncdot.gov>; Burhans, Terry <Terry.Burhans anmbakerintl.com>; Conchilla, Ryan <ryan.conchilla @ncdenr.gov> Cc: Badgett, Rex <isbadgettna ncdot.gov> Subject: EXTERNAL: RE: HE-0013 site meeting Sounds good to me. From: King, Art C <ackinR(@ncdot.gov> Sent: Tuesday, March 21, 2023 12:21 PM To: Burhans, Terry<Terry.Burhans(@mbakerintl.com>; Davis, Gregory S <gsdavisPncdot.gov>; Conchilla, Ryan <ryan.conchilla @ncdenr.gov> Cc: Badgett, Rex <isbadRett(@ncdot.gov> Subject: HE-0013 site meeting I just spoke to Steve Brumagin about the site visit tomorrow. He said that he expects to be there on time. I told him that a good place to meet, and park would be up the access road by the convenience store, out in the field. Please notify anybody else you expect to be there and, let me know if you are OK with that location. Thanks, Art Art C. King Division Environmental Supervisor NCDOT Highway Division 8 910 773 8015 office 910 690-6581 cell ackina6d)ncdot.gov 121 Dot Drive Carthage, INC 28327 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Attachment B: HE-0013A Wetland and Surface Water Impacts Permit Drawings (Including Highway Stormwater Program STORMWATER MANAGEMENT PLAN FOR NCDOT PROJECTS) — Dated 3/20/2024 -8-sheets Hj�hWay Storm'vvater (Version 3.00; Released August 2021) North Carolina Department of Transportation Highway Stormwater Program STORMWATER MANAGEMENT PLAN FOR NCDOT PROJECTS WBS Element: 50700.1.1 TIP/Proj No: HE-0013 County(ies): Scotland Page 1 of 2 General Project Information WBS Element: 50700.1.1 1 TIP Number: HE-0013 Project Type: I New Location I Date: 3/20/2024 NCDOT Contact: Gregory Davis, PE Contractor / Designer: Josh Dalton, PE Address: Highway Division 8 121 DOT Drive Carthage, NC 8327 Address: Sungate Design Group, PA 905 Jones Franklin Rd Raleigh, NC 27606 Phone: 910-773-8022 Phone: 919-710-8333 Email: gsdavisa@ncdot.gov Email: Idaltona()sungatedesign.com City/Town: Laurinburg County(ies): Scotland River Basin(s): Lumber I CAMA County? I No Wetlands within Project Limits? Yes Project Description Project Length (lin. miles or feet): 0.568 Surrounding Land Use: IRural residential, agricultural, commercial, industrial, forest Proposed Project Existing Site Project Built -Upon Area (ac.) 4.82 1 ac. 2.16 ac. Typical Cross Section Description: Three -lane undivided highway with 12' outside lanes with 2' paved shoulders. 12' middle turn lane to allow for left turns. Northbound traffic has additional 12' right turn only lanes for SR1- and -SR2- entrances. Center turn lane tapers to two-lane undivided highway. Two-lane undivided highway with 12' lanes and 2' paved shoulders. Unpaved, grass shoulders are present outside of paved shoulders. Annual Avg Daily Traffic (veh/hr/day): I Design/Future: I I Year I Existing 1 7300 1 Year: 1 2021 General Project Narrative: (Description of Minimization of Water Quality Impacts) HE-0013 is an NCDOT roadway widening and new location project in Scotland County that involves the continuation of a three -lane undivided highway and the addition of a fourth lane (right tum-only) to the entrances of -SR1- and -SR2- along NC HWY15/US HWY 105 (Aberdeen Rd). Existing drainage patterns are being maintained to the maximum extent practical throughout the project. 3:1 fill slopes will be used to reduce impacts to adjacent parcels and jurisdictional streams, reducing the overall footprint of the project. Highway North Carolina Department of Transportation Stormwar I te, Highway Stormwater Program STORMWATER MANAGEMENT PLAN � (Version 3.00; Released August 2021) FOR NCDOT PROJECTS WBS Element: 50700.1.1 TIP/Proj No.: HE-0013 County(ies): Scotland Page 2 of 2 General Project Information Waterbody Information Surface Water Body (1): Leith Creek (Johns Pond) NCDWR Stream Index No.: 14-33 NCDWR Surface Water Classification for Water Body Primary Classification: Class C Supplemental Classification: Swamp Waters (Sw) Other Stream Classification: Impairments: None Aquatic T&E Species? No Comments: NRTR Stream ID: Buffer Rules in Effect: N/A Project Includes Bridge Spanning Water Body? INo I Deck Drains Discharge Over Buffer? N/A Dissipator Pads Provided in Buffer? INo Deck Drains Discharge Over Water Body? I N/A (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) Surface Water Body (2): NCDWR Stream Index No.: NCDWR Surface Water Classification for Water Body Primary Classification: Supplemental Classification: Other Stream Classification: Impairments: Aquatic T&E Species? Comments: NRTR Stream ID: Buffer Rules in Effect: Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissipator Pads Provided in Buffer? Deck Drains Discharge Over Water Body? (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) I Surface Water Body (3): 1 NCDWR Stream Index No.: NCDWR Surface Water Classification for Water Body Primary Classification: Supplemental Classification: Other Stream Classification: Impairments: Aquatic T&E Species? Comments: NRTR Stream ID: Buffer Rules in Effect: Project Includes Bridge Spanning Water Body? Deck Drains Discharge Over Buffer? Dissipator Pads Provided in Buffer? Deck Drains Discharge Over Water Body? (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) I M O O W See Sheet 1A For Index of Sheets See Sheet 98 For Conventfoncl Symbols E c.�r,�I,ten •� •.v zF O T sol � < au IN O]ECT LAURINBURG < y,y.15,Ss5 VICINITY MAP • • • • DETOUR ROUTES Nv I ra: 1. PROJECT IS PARTIALLY LOCATED WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF LAURINBURG. 2. CLEARING ON THIS PROJECT SHALL BE PERFORMED TO THE LIMITS ESTABLISHED BY METHOD II. STATE OF NORTH CAROLINA DIVISION OF HIGHWAYS SCOTLAND COUNTY LOCATION: US 15-501 (ABERDEEN RD) NORTH OF SR 1301 (PLANT RD) PERMIT DRAWING SHEET 1 OF 14°�° sTATF A --T aE�xEN E N HET N° TOTAL SHEETS HE-0013 I STATE PROJ.— F.A.PRO-0. DES —PT — DATE: 3/22/2024 50700.1.1 PE TYPE OF WORK: DRAINAGE, PAVING, GRADING Wt I LANUp SURFACE WATER IMPACTS PERMIT NAD 83/20111� DRPS REVISED INCOMPLETE PLANS W NOT USE FOR R/ W ACOUISITION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED Michael Baker Engineering, Inc. HYDRAULICS ENGINEER GRAPHIC SCALES DESIGN DATA PROJECT LENGTH 8000 Regency Pkwy O & 122b3 �mr 50 25 0 50 100 ADT 2021 = 7,300 tXl/ )0 Suite 600 Ca NC 27518 'icense: NOR LENGTH ROADWAY TIP PROJECT HE-0013 = 0.568 MILES I N T E R N A T 10 N A L NC F-1084 o� 0 2024 STANDARD SPECIFICATIONS PLANS LENGTH STRUCTURE TIP PROJECT HE-0013 = 0.000 MILES TODD H. BUCKNER, PE P.E. SIGNATURE- 50 25 0 50 100 TOTAL LENGTH OF TIP PROJECT HE-0013 = 0.568 MILES RIGHT OF WAY DATE. o Tn PROJECT ENGINEER JUSTIN BLACKMAN ROADWAY DESIGN ENGINEER PROFILE (HORIZONTAL) PROJECT DESIGN ENGINEER om 10 5 0 10 20 FUNC CLASS = MINOR ARTERIAL REGIONAL TIER LETTING DATE: X GREGORY DAVIS, PE P.E. 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SE I 50' 25' 0 50' 100, �� NE-0013 4 \ ; &� �\ RN/ SHEET NO. 0 SURFACE WATER IMPACTS SCALE: 1"=100' ROADWAY DESIGN HYDRAULICS 4 G NEW WILL LLC MEMO. - TAIL P ENGINEER ENGINEER vL LDi RIP RAP p NAD 8 203/ 11 y ON BANKS ONLY TEMPORARY SURFACE WATER IMPACTS N INCONgPLE E ➢�d.AN s EST 220 TONS I�SF�EAPERMIT DRAWING EST 361 SY GF O mo NOT usz ran dw wwms�77DN P,eo� & SHEE A'OF 1T4 \ $E LOPEQ6X g�i� X K3 3 FILL IN WETLAND SEE DETAIL 4-6 G / FOkR-ENLARGJ MENTs ���'+1� LQT"A WETLAND EXCAVATION PERMIT DRAWING %,\ % R BEGIN TIP PRO ECT HE-0Ol3 V / �� -L- POC Sta. I3+00.00 DOCUMENT NOT CONSIDERED FINAL ��� LU�As SHEET 3 OF 14 \ 6F / � ,, � z Pia SPECIAL 5' UNLESS ALL SIGNATURES COMPLETED T if F QVE �� F4 i &� BASE DITCH Michael Baker Engineering, Inc. SENSATE DESIGN GROUP, P.A. 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D= 3.0 Ff. �y � B= A Ft- } 22 FROM STA. 13+48 TO STA. 14+99.3 -SRI- RT �✓ ;@ ,\ FROM STA.10+39 TO STA. 12+50 -SR3- RT �` 'G\ I 41' /I \\' / SPECIAL(XV'� \\ � DITCH bE'-5€ AIL 4-8 F W ➢ �cz R I L` wti C LU I M N � LI ✓ EZ / O 09 Al C -SR3 o N 0` 59' 0 . " Lo + \ / � F- 42" RCPA T `K N C �c3ai < O O \HW 3 V 1 W 15 a '\ SPECIALSEEBDETAIL ASE 1 9J )/ LANCO'UNTY ECONOMIC DEVELOPMENT CORPORATION NSC SEE SHEET 7 SEE SHEET 8 FOR -L- PROFILE \�/ \ FOR -DRI- IPROFLE \\ ) FOR -SRI- PROF FOR -SR3- PROFILE LE SEE SHEET 8 SEE SHEET 9 WETLAND AND SURFACE WATER IMPACTS SUMMARY WETLAND IMPACTS SURFACE WATER IMPACTS Site No. Station (From/To) Structure Size / Type Permanent Fill In Wetlands (ac) Temp. Fill In Wetlands (ac) Excavation in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Hand Clearing in Wetlands (ac) Permanent SW impacts (ac) Temp. SW impacts (ac) Existing Channel Impacts Permanent (ft) Existing Channel Impacts Temp. (ft) Natural Stream Design (ft) 1 11+04 to 12+05-L-LT 2 at 48" RCP < 0.01 0.02 0.07 < 0.01 0.01 56 2 14+94 to 15+44-L-RT ROADWAY FILL < 0.01 51 3 10+47 to 12+10-DR1-LT CHANNEL CHANGE 0.01 < 0.01 152 10 4 13+19 to 13+58-SR1- 1 at 66" RCP < 0.01 81 INLET CHANNEL < 0.01 8 INLET BANK STABILIZATION 15 OUTLET CHANNEL < 0.01 16 OUTLET BANK STABILIZATION 20 5 13+95 to 14+03-SR2- 1 at 60" RCP < 0.01 71 INLET CHANNEL < 0.01 4 INLET BANK STABILIZATION 15 OUTLET CHANNEL < 0.01 5 OUTLET BANK STABILIZATION 16 6 34+10 to 34+35-L- ROADWAY FILL INLET CHANNEL < 0.01 < 0.01 18 10 OUTLET CHANNEL < 0.01 < 0.01 15 10 TOTALS*: < 0.01 0.02 0.07 < 0.01 0.03 0.02 454 119 0 *Rounded totals are sum of actual impacts NOTES: 2018 Feb Attachment C: In -Lieu Fee Program Compensatory Mitigation Approval Letter -1- page ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Mr. Art King NCDOT Division 8 Environmental Officer North Carolina Department of Transportation 293 Olmsted Boulevard, Suite I IA Pinehurst, North Carolina 28374 Dear Mr. King: Subject: Mitigation Acceptance Letter: NORTH CAROLINA Environmental Quality March 28, 2024 Division 8 Project — TIP Number HE-0013A — Leap Frog, Scotland County; WBS Number 50700.1.1 The purpose of this letter is to notify you that the North Carolina Department of Environmental Quality — Division of Mitigation Services (NCDEQ-DMS) will provide the wetland mitigation for the subject project. Based on the information received from you on March 28, 2024, the impacts are located in CU 03040204 of the Lumber River basin in the Southern Inner Coastal Plain (SICP) Eco-Region, and are as follows: Lumber Stream Wetlands Buffer (Sq. Ft.) 03040204 Non- Coastal SICP Cold Cool Warm Riparian Riparian Marsh Zone 1 Zone 2 Impacts 0 0 203.000 0.095 0 0 0 0 feet/acres The impacts and associated mitigation needs were not projected by the NCDOT in the 2023 impact data. NCDEQ-DMS will commit to implement sufficient compensatory mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies in accordance with the In -Lieu Fee Instrument dated July 28, 2010. If the above referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from NCDEQ-DMS. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-707-8420. Sincerely, Elizabeth A. Harmon DMS NCDOT ILF Coordinator cc: Mr. Steve Brumagin, USACE — Charlotte Mr. Ryan Conchilla, NCDWR Mr. Brad Chilton, NCDOT — EAU File: HE-0013 Division 8 D E Q�� North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 neoahmr ���f�e��i-n�me w0.11�, 919.707.8976 Attachment D: SAW-2023-00519 Preliminary Jurisdictional Determination -12- pages U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00519 County: Richmond County NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: North Carolina Department of Transportation, Division 8 Mr. Art King, Division Environmental Officer Address: 121 Dot Drive Carthage, NC 28327 acking(&ncdot.gov Telephone Number: (910) 773-8015 Size (acres) 151 acres Nearest Waterway Leith Creek USGS HUC 03040204 Nearest Town Laurinburg River Basin Little Pee Dee River Basin Coordinates Latitude:34.805460 Longitude:-79.457774 Location description: The project is located on the property associated with a proposed Laurinburg/Scotland Industrial Site (associated with Proiect Leap Frog) where NCDOT would construct an access road and roadway improvements along US 151501 (Aberdeen Road) at the) in Scotland County, NC. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U. S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. Page 1 of 2 SAW-2023-00519 NCDOT Lean Frog Site Scotland Co. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which and may be relied upon for a period not to exceed five years, provided there is no change in law or our published regulations or new information that warrants revision of this determination. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Stephen A. Brumagin by telephone at (704) 798-6471 or by e-mail at stephen.a brumagin(a usace.army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINLc(USACE.ARMY.MIL SAW-2023-00519 NCDOT Leap Froe Site Scotland Co. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Date: April 19, 2023 Expiration Date: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https:Hregulatoiy.ops.usace.anny.mil/customer-service-survey/. Copy Furnished: Mr. Terry Burhans, PWS, CPSS, Environmental Scientist Michael Baker International 8000 Regency Parkway, Suite 600 Cary, North Carolina 27518 Terry.burhans(&mbakerintl.com SAW-2023-00519 NCDOT Lean Frog Site Scotland Co. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: File Number: SAW-2023-00519 Date: April 19, 2023 North Carolina Department of Transportation Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.anny.mil/Missions/CivilWorks/Res4ulatoiyProgramandPennits.aspx Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2023-00519 NCDOT Leap Froe Site Scotland Co E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: Stephen A. Brumagin MR. PHILIP A. SHANNIN Charlotte Field Office ADMINISTRATIVE APPEAL REVIEW OFFICER 8430 University Executive Park Drive, Suite 615 CESAD-PDS-O Charlotte, North Carolina 28262 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN&USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Stephen A. Brumagin, Charlotte Field Office, 8430 University Executive Park Drive, Suite 615, Charlotte, North Carolina 28262 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officcr, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: April 19, 2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mr. Art King, Division Environmental Officer North Carolina Department of Transportation, Division 8 121 Dot Drive Carthage, NC 28327 acking(a)ncdot.gov C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District (SAW), NCDOT HE-0013 Leap Frog Access Rd Scotland County Div 8, SAW-2023-00519 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County: Scotland County City: Laurinburg Center coordinates of site (lat/long in degree decimal format): Lat.: 34.805460 Long.:-79.4577740 Universal Transverse Mercator: 17 Name of nearest waterbody: Leith Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): X Office (Desk) Determination. Date: April 19, 2023 X Field Determination. Date(s): March 22, 2023 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404 SA-1 34.812658 -79.458831 173 feet Non -wetland waters Section 404 SA-2 34.812047 -79.45797 440 feet Non -wetland waters Section 404 SA-3 34.808397 -79.454254 636 feet Non -wetland waters Section 404 S13-1 34.806384 -79.458984 323 feet Non -wetland waters Section 404 S13-2 34.804178 -79.457449 2269 feet Non -wetland waters Section 404 S13-3 34.801382 -79.458124 52 feet Non -wetland waters Section 404 S13-4 34.800211 -79.457996 92 feet Non -wetland waters Section 404 S13-5 34.800122 -79.45833 13 feet Non -wetland waters Section 404 S13-6 34.800226 -79.458856 278 feet Non -wetland waters Section 404 SD 34.800358 -79.457555 287 feet Non -wetland waters Section 404 WA 34.811968 -79.457923 2.2 acres Wetland Section 404 WB 34.81234 -79.458975 11.58 acres Wetland Section 404 We 34.800182 -79.458895 0.67 acres Wetland Section 404 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Page 1 of 3 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM Site Number Latitude (decimal Longitude Estimated amount Type of aquatic Geographic degrees) (decimal degrees) of aquatic resource (i.e., authority to which resource in review wetland vs. non- the aquatic area (acreage and wetland waters) resource "may be" linear feet, if subject (i.e., applicable) Section 404 or Section 10/404 WD 134.802512 -79.45529 10.03 acres 1 Wetland Section 404 WE 134.806803 -79.452326 14.69 acres I Wetland I Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an 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: ' Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Page 2 of 3 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM _X_ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: NCDOT Map: Figures 3, 7A, 7B & 7c entitled "STIP Project HE-0013 Industrial access road and roadway improvements along US 15/501 (Aberdeen Road) at Lauri nburg/Scotland Industrial Site" revised 3/23/2023. _X_ Data sheets prepared/submitted by or on behalf of the PJD requestor. _X_ 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: Wilmington District Navigability Study 1968. _X_ U.S. Geological Survey Hydrologic Atlas: _ USGS NHD data. _X_ USGS 8 and 12 digit HUC maps. 03040204, Little Pee Dee River Basin, 030402040201 Headwaters of Leith Creek. _X_ U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Laurinburg, NC Quadrangle. _X_ Natural Resources Conservation Service Soil Survey. Citation: Plummer & Osier, Johnston, Nobocco, Autryville & Coxville soil series. _X_ National wetlands inventory map(s). Cite name: RSUBFx, RSUBH & PFO1A. State/local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) _X_ Photographs: _X_ Aerial (Name & Date): As provided by JD requestor. or _X_ Other (Name & Date): As provided by JD requestor. _ Previous determination (s). File no. and date of response letter: _X Other information (please specify): Field view on March 22, 2023. 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 requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Page 3 of 3 9 . Potential wetland I IN extends beyond % .: - ❑ y SB 4 sBT-*3 � Lis 1�5-5011Aberdeen 77 O Sg ? f Y �. cf t7. • . -.'.. JX N � u Jurisdictional Determination Package Prepared By I Al T E R N A T 1 0 N A L Lulu e Scotland County Legend Project Study Area O Upland Data Point O Wetland Data Point Potentially Jurisdictional Streams Potentially Jurisdictional Wetlands Culverts +� Railroad Track 0 �a •- ..: era-•--..r,r � _-- s _ x . n Crrek REVISED: 3/23/2023 ? FF r Source: N .1 Aerial Imagery: NC OnelVap 2022 Road Names: NCDOT RoadNC 0 250 500 1,000 Feet NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION 8 STIP Project HE-0013 Industrial access road and roadway improvements along US 15/501 (Aberdeen Road) at the Laurin burg/Scotland Industrial Site FIGURE 3. AQUATIC RESOURCES ON AERIAL IMAGERY A, SB -34 5 1 5-501 /A herdeen Rd I. OWW Ln o � tit '0 O �.S ; p �O 0 O d> '" 7 - a k— Se,? A Ai 1 I1 �1 250 500 1,000 Feet Jurisdictional Determination Package. Legend Project Study Area O Upland Data Point Culverts Secondary Route US Route Elevation (ft) = 301.13 - 286.211 271.293 855.62 - 301.13 - 286.211 `= NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION 8 STIP Project HE-0013 C5�' • Wetland Data Point NC Route 256.374 - 271.293 Industrial access road and roadway 9 241.456 - 256.374 improvements along US 15/501 Prepared B p y - Potentially Jurisdictional Streams 226.537 - 241.456 (Aberdeen Road) at the Potentially Jurisdictional Wetlands 211.619 - 226.537 N Laurin burg/Scotland Industrial Site Scotland county REVISED: 3/23/2023 196.7 - 211.619 I N T E R N A T 1 0 N A L 81.6 - 196.7 FIGURE 7A. AQUATIC RESOURCES ON LiDAR 1 1 a� U5 1 5-501/Aberdee n Rd DP 10 AIIIIIIIIIIIIIII Z 0 250 500 1,000 SP.3 Feet Jurisdictional Determination Package Legend Elevation (ft) � NORTH CAROLINA DEPARTMENT � Culverts - 301.13 - 855.62 OF TRANSPORTATION Project Study Area Secondary Route 286.211 - 301.13� DIVISION 8 STIP Project HE-0013 O Upland Data Point US Route 271.293 - 286.211 C5�'o • Wetland Data Point NC Route 256.374 - 271.293 Industrial access road and roadway 241.456 - 256.374 improvements along US 15/501 Prepared B p y - Potentially Jurisdictional Streams 226.537 - 241.456 (Aberdeen Road) at the Potentially Jurisdictional Wetlands 211.619 - 226.537 N Laurin bur g/Scotland Industrial Site 1l, Agri -- M.P Scotland County REVISED: 3/23/2023 = 196.7 - 211.619 4i1 FIGURE 713. AQUATIC RESOURCES ON LiDAR I N T E R N A T 1 a N A L 81.6 - 196.7 1 ■ 0 250 500 1,000 Feet Jurisdictional Determination Package Legend Elevation (ft) NORTH CAROLINA DEPARTMENT Culverts 301.13 - 855.62` OF TRANSPORTATION Project Study Area — Secondary Route DIVISION 8 286.211 - 301.13 O Upland Data Point — US Route 271.293 - 286.211 STIP Project HE-0013 C�2'0 • Wetland Data Point = NC Route 256.374 - 271.293 Industrial access road and roadway 9Scotland 241.456 - 256.374 improvements along US 15/501 Prepared B p y — Potentially Jurisdictional Streams 226.537 - 241.456 (Aberdeen Road) at the Potentially Jurisdictional Wetlands 211.619 - 226.537 N Laurin burg/Scotland Industrial Site 1l, Agri IT, county REVISED: 3/23/2023 196.7 - 211.619 I N T E R N A T 1 0 N A L = 81.6 - 196.7 FIGURE 7C. AQUATIC RESOURCES ON LiDAR Attachment E: HE-0013 Minimum Criteria Determination Checklist (MCDC) -21- pages DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 NCDOT MINIMUM CRITERIA DETERMINATION CHECKLIST TIP Project No.: HE-0013 State Project No.: 50700.1.1 Project Location: Scotland County Project Description: Construct new access road and upgrade construction access road to the Laurinburg/Scotland Industrial Site (see vicinity and project maps) and improve US 15/501 (Aberdeen Road) from the Laurinburg and Southern Railroad crossing south of SR 1301 (Plant Road) to a point north of the proposed Laurinburg North Fire Station (Figure 1). This project is state funded in the amount of $2,500,000. Right-of-way and construction are scheduled to start in 2024. Anticipated Permit or Consultation Requirements: Programmatic Nationwide Permit 14 Special Project Information: Purpose and Need The proposed roadway improvements would provide access to the Laurinburg/Scotland Industrial Site, while maintaining mobility in this area along US-15/501.The Laurinburg/Scotland Industrial Site in Scotland County will house the City of Laurinburg North Fire Station and up to two industrial operations. Fire trucks and trucks carrying supplies and products will access and egress from the site via US 15/501. Cars carrying employees will also need to access and egress the new industrial park. Traffic volumes are estimated to be more than 40 trucks and 400 cars entering and leaving the site on a daily basis and are expected to increase over time. Turn lanes along US 15/501 and separate entrances for cars, trucks, and maintenance and emergency vehicles are needed to maintain traffic flow along US 15/501 and prevent conflicts. Agency. Tribal and Stakeholder Coordination In January 2023, NCDOT sent hybrid start-of-study/scoping letters to local officials from the City of Laurinburg and Scotland County, local emergency responders, Lumber River Rural Planning Organization, U.S. Corps of Engineers (USACE), North Carolina Wildlife Resources Commission, North Carolina Department of Environmental Quality (NC DEQ) Division of Water Resources (DWR), U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, and the North Carolina State Clearinghouse. Recipients were invited to review and comment on the proposed project. Respondents had the following comments: • USACE noted that an on -site field review of potentially jurisdictional features would been needed and noted nearby environmental features. • North Carolina Department of Public Safety Division of Emergency Management noted the presence of a FEMA special flood area hazard in the project study area. 06/06/23 1 of 7 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 • NC DEQ DWR noted the presence of jurisdictional features in the project study area and provided recommendations and best practices for stormwater management, environmental analysis, construction, and 401 Certifications. • North Carolina Wildlife Resources Commission had no project -specific comments but provided their requirements for project review in case a review is needed. • North Carolina DEQ Solid Waste Section advised NCDOT to minimize the waste stream where possible during construction, use recycled materials where suitable, and properly dispose of waste at a permitted solid waste management facility. • North Carolina DEQ Division of Waste Management noted Superfund and Brownfields sites within a mile of the project. • North Carolina DEQ Fayetteville Regional Office provided comments about open burning, discovery of underground storage tanks, public water supply expansions and relocations, and construction best management practices. In January 2023, NCDOT sent letters to Catawba Indian Nation and the Lumbee Tribe of North Carolina to introduce the project and request comments on the proposed project. The Catawba Indian Nation responded and requested to be notified if Native American artifacts or human remains are discovered during ground disturbance. A written record of federal agency and tribal correspondence is attached. Additional coordination with USACE and NC DEQ DWR included the field verification of jurisdictional features and discussions about potential impacts and permitting requirements. Alternatives Considered The project team considered several alternatives for the new road connecting the Scotland/Laurinburg Industrial Site to US 15/501. All alternatives met the purpose and need of the project and provided two entrances to the site but differed in potential impacts to the jurisdictional stream (SB-2 in Figure 2) in front of the site. • Alternative 1 — The northern entrance to this loop road concept entered the Scotland/Laurinburg Industrial Site between the southern Piedmont Natural Gas easement and the jurisdictional stream, formed a four-way intersection with driveways to the proposed industrial operation and the fire station, and turned south to cross the jurisdictional stream three times before intersecting US 151501 north of the residential property. Due to its impacts to the jurisdictional stream, this alternative was eliminated from further consideration. • Alternative 2 — This alternative altered the Alternative 1 design by shifting the northern entrance for the loop road north of the natural gas easement and adding curves to the north/south portion of the loop to create three near -perpendicular crossings of the jurisdictional stream. Due to its impacts to the jurisdictional stream, this alternative was eliminated from further consideration. • Preferred Alternative (Figure 2) — This alternative proposes to enter the site north of the natural gas easement and shifts the north/south portion of the loop road to the east, minimizing impacts to the jurisdictional stream. 06/06/23 2 of 7 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 Stream Impacts Using the project slope stakes plus 25 feet and an average bank width of 10 feet, the estimated impacts of the preferred alternative would be 601 linear feet or 0.14 acres of jurisdictional stream SB-2 (see Figure 2). No impacts to jurisdictional wetlands are anticipated. Threatened and Endangered Species The United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPAC) application lists the following federally protected species within the study area, under the Endangered Species Act (ESA). A review of the North Carolina Natural Heritage Program database in January 2023 showed no known occurrences of endangered threatened or proposed species with 1.0 miles of the project study area. Field surveys were conducted on January 31, 2023, to identify suitable habitat for all species or individual tricolored bats, red -cockaded woodpeckers, and American alligators. Additional field surveys were conducted on May 4, 2023, to identify Michaux's sumac. No occurrences of proposed, threatened, or endangered species were found during field surveys. ESA federally protected species within the Study Areal Scientific Name Common Name Federal Status Habitat Present Biological Conclusion erimyotis subflavus Tricolored Bat PE Yes Unresolved icoides borealis Red -cockaded Woodpecker E Yes No Effect Alligator mississippiensis American Alligator T(S/A) Yes Not Required Schwalbea americana American Chaffseed E No No Effect Oxypolis canbyi Canby's Dropwort E No No Effect hus michauxii Michaux's Sumac E Yes No Effect ysimachia asperulaefolia I Rough -leaved Loosestrife E No No Effect ' IPaC data checked on January 23, 2023. E - Endangered PE — Proposed Endangered T(S/A) - Threatened due to similarity of appearance September 14, 2022, the USFWS announced a proposal to list the tricolored bat as endangered. NCDOT and its federal partners, FHWA and USACE, are initiating a conference programmatic consultation to address impacts to this species. USFWS has not provided an official effective listing date, but it is anticipated to occur in the second half of 2023. Upon listing, USFWS is expected to provide habitat descriptions and an area of influence/distribution range. 06/06/23 3 of 7 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 PART A: MINIMUM CRITERIA Item to be completed by the Project Manager. YES NO 1. Is the proposed project listed as a type and class of activity allowed under the Minimum Criteria Rule in which environmental documentation is not required? If the answer to number 1 is "no", then the project does not qualify as a minimum criteria project. A state Environmental Assessment is required. If yes, under which category? 15 and 8(b)(d) If either category #8, #12(i) or #15 is used complete Part D of this checklist. PART B: MINIMUM CRITERIA EXCEPTIONS Items 2 — 4 to be completed by the Project Manager' YES NO 2. Could the proposed activity cause significant changes in land use concentrations that would be expected to create adverse air quality impacts? 3. Will the proposed activity have secondary impacts or cumulative impacts that may result in a significant adverse impact -to human health or the environment? 4. Is the proposed activity of such an unusual nature or does the proposed activity have such widespread implications, that an uncommon concern for its environmental effects has been expressed to the Department? Item 5-8 to be completed by Division Environmental Officer. 5. Does the proposed activity have a significant adverse effect on wetlands; surface waters such as rivers, streams, and estuaries; parklands; prime or unique agricultural lands; or areas of recognized scenic, recreational, archaeological, or historical value? 6. Will the proposed activity endanger the existence of a species on the Department of Interior's threatened and endangered species list? 7. Could the proposed activity cause significant changes in land use concentrations that would be expected to create adverse water quality or ground water impacts? 8. Is the proposed activity expected to have a significant adverse effect on long-term recreational benefits or shellfish, finfish, wildlife, or their natural habitats? If any questions 2 through 8 are answered 'yes ", the proposed project may not qualify as a Minimum Criteria project. A state Environmental Assessment (EA) may be required. For assistance, contact the Environmental Policy Unit at (919) 7076253 or EPU(a ncdot.ov. 06/06/23 4 of 7 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 PART C: COMPLIANCE WITH STATE AND FEDERAL REGULATIONS Items 9-12 to be completed by Division Environmental Officer. YES NO 9. Is a federally protected threatened or endangered species, or its ❑ habitat, likely to be impacted by the proposed action? 10. Does the action require the placement of temporary or permanent ® ❑ fill in waters of the United States? 11. Does the project require the placement of a significant amount of ❑ fill in high quality or relatively rare wetland ecosystems, such as mountain bogs or pine savannahs? 12. Is the proposed action located in an Area of Environmental ❑ Concern, as defined in the coastal Area Management Act? Items 13 —15 to be completed by the Project Manager 13. Does the project require stream relocation or channel changes? ® ❑ Cultural Resources 14. Will the project have an "effect" on a property or site listed on the ❑ National Register of Historic Places? 15. Will the proposed action require acquisition of additional right of ❑ way from publicly owned parkland or recreational areas? Questions in Part " C" are designed to assist the Project Manager and the Division Environmental Officer in determining whether a permit or consultation with a state or federal resource agency may be required. If any questions in Part " C" are answered 11 yes ", follow the appropriate permitting procedures prior to beginning project construction. 06/06/23 5 of 7 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 PART D:( To be completed when either cate2ory #8, 120) or #15 of the rules are used. Items 16- 22 to be completed by Division Environmental Officer. 16. Project length: 0.55 miles of widening, 0.35 miles of new roadway 17. Right of Way width: 150' on US/15/501 and 70-90' on new road 18. Project completion date: 1/2024 19. Total acres of newly disturbed ground 0.51 surface: 20. Total acres of wetland impacts: 0 21. Total linear feet of stream impacts: 601 22. Project purpose: Provide access to the Laurinburg/Scotland Industrial Site, while maintaining mobility in this area along US- 15/501 D—Signed by: 16U5 S. DAV�4 Reviewed by: 33D47B5FD78F4A8... Date: 6/6/2023 Project Manager D Sg tlby: Qom' 6/7/202 3 Date: o�E�ae€e€sBaa Division Environmental Officer 06/06/23 6 of 7 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 NCDOT PROJECT COMMITMENTS STIP Project No. HE-0013 Project Leap Frog Scotland County Federal Aid Project No. NA WBS Element 50700.1.1 In addition to the standard Section 404 Individual Permit Conditions, any Section 404 Special Conditions, Regional Conditions, State Consistency Conditions, General Certifications, best management practices, and Section 401 Conditions of Certification the following special commitments have been agreed to by NCDOT: Division 8 Proiect Development, Project Manager and Division Environmental Officer - Minimization of Stream Impacts and Mitigation As designs progress, the NCDOT Project Manager will continue to minimize impacts to jurisdictional streams. If stream impacts are greater than 300 linear feet, NCDOT Environmental Officer will coordinate with the North Carolina Department of Environmental Quality Division of Mitigation Services to arrange for mitigation of stream impacts. Division 8 Proiect Development, Division Environmental Officer — Tricolored Bat Review Prior to construction, the NCDOT Division Environment Officer will check the progress of the proposal to list the tricolored bat as endangered and of the NCDOT programmatic consultation for the species to determine if additional action is needed. Division 8 Resident Engineer — Lane Closures and Offsite Detours NCDOT will contact the following entities at least one month prior to road or lane closures: • Scotland County Schools Transportation Department at 910.276.1138 • Scotland County Emergency Medical Services at 910.276.1313 • Scotland County Emergency Communications at 910.277.3231 • Scotland County Sheriff at 910.276.3385 • City of Laurinburg Fire Department at 910.276.1811 • City of Laurinburg Police Department at 910.276.3211 • Scotland County Area Transit System at 910.27.2416 Division 8 Resident Engineer— Native American Artifacts and/or Human Remains The Construction Engineer will notify Caitlin Rogers of the Catawba Indian Nation at 803.328.2427 ext. 226 if Native American artifacts and/or human remains are discovered during ground disturbance. DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 DocuSion Envelooe ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 - `a'' � • ,1, o'' „ale- .......... All .46 �.. r. ;. ..— lip xx.Atos'op- t' ' °• y F ' ; 1 \ • ;err , . { Ir 77, 0 50 100 200 - Feet z �. Legend g r -�°may' ` NORTH CAROLINA DEPARTMENT Project Study Area Proposed Desi'J gn - _-__� OF TRANSPORTATION L Horizontal Alignment �a�: . a DIVISION 8 Jurisdictional` Streams Edge of Travel V �Pr� Ile- nRa boy STIP Project HE-0013 Jurisdictional` Wetlands —••— Slope Stakes ! NF E Industrial access road and roadway Existing Culverts —••— Slope Stakes +25' ,�.`r - improvements along US 15/501 Prepared By +� Existing Railroad Track ,'"'' s� `� gs - �a (Aberdeen Road) at the fflParcel Existing Utility Easement Boundary Source: ..; N 2 Laurinburg/Scotland Industrial Site • - Boundaries Aerial Imagery: NC OneMap 2022 i H T E R N A T I 0 H A L Scotland County City of Laurinburg Limits Road Names: NCDOT RoadNC SAW-2023-00519 A {' Figure 2. Project Leap Frog DocuSion Envelooe ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 01 i]MEN , Fire�Statl0n I L > yS ND CONSTRUCTION 0 50 100 200 �. ...MCI I- - Feet Legend NORTH CAROLINA DEPARTMENT Project Study Area Proposed Design � ` c OF TRANSPORTATION ``�aa Horizontal Alignment DIVISION 8 i Jurisdictional` Streams Edge of Travel ��r� _ % �n STIP Project HE-0013 R� Jurisdictional` Wetlands — — Slope Stakes r Industrial access road and roadway Existing Culverts —••— Slope Stakes + 25' ti improvements along US 15/501 Prepared By +� Existing Railroad Track ;� ^- ^` y,. Lee5Mti1 (Aberdeen Road) at the Existing Utility Easement Boundary source: N Laurinburg/Scotland Industrial Site • -' • I N T E R N A T 1 ❑ N A t Scotland County Parcel Boundaries City of Laurinburg Limits Aerial Imagery: NC OneMap 2022 Road Names: NCDOT RoadNC * A {�� Figure 2. Project Leap Frog SAW-2023-00519 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 �M 5SATfr4g- \ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER J. ERIC BOYETTE GOVERNOR SECRETARY January 25, 2023 Ms. Tammy Maynor Lumbee Tribe of North Carolina PO Box 2709 Pembroke, NC 28372 Dear Ms. Maynor, The North Carolina Department of Transportation is starting the project development, environmental, and engineering studies for STIP Project Number HE-0013. The project proposes to construct new access road and upgrade construction access road to the Laurinburg/Scotland Industrial Site and improve US 151501 (Aberdeen Road) from the Laurinburg and Southern Railroad crossing south of SR 1301 (Plant Road) to a point south of SR 1301 (Plant Road) to a point north of the proposed Laurinburg North Fire Station in Scotland County. The project length is approximately '/2 mile along US 151501. The project is scheduled to begin construction in early 2024. The attached figure shows the vicinity map for the proposed project. The US Army Corps of Engineers (USACE) is the lead federal agency for compliance with the National Environmental Policy Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) and a Permit is anticipated under the Section 404 Process with the USACE. A project vicinity map is attached. The coordinates of this project are approximately 34.803786, - 79.457478. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project including recommendation of alternates to be studied. Your comments may be used in the preparation of a NEPA/ State Environmental Policy Act (SEPA) Environmental Document. In accordance with Section 106 of the NHPA, we also request that you inform us of any historic properties of traditional religious or cultural importance that you are aware of that may be affected by the proposed project. Be assured that, in accordance with confidentiality and disclosure stipulations in Section 304 of the NHPA, we will maintain strict confidentiality about certain types of information regarding historic properties. Please respond by February 28th, 2023 so that your comments can be used in the scoping of this project. If you have any questions concerning this project, or would like any additional information, please contact Emaly Simone with Michael Baker International at 919.481.5721 or by email at emaly.simone#,,mbakerintl.com. Please include the Project Number HE-0013 in all correspondence and comments. Thank you, Grey Qiww:a 3oa,asFo,eFeaa Greg Davis, P.E. NCDOT Division 8 - Project Engineer cc: Matt Wilkerson, NCDOT Archaeology Team Leader Steve Brumagin, USACE Project Manager Mailing Address: NC DEPARTMENT OF TRANSPORTATION HIGHWAY DIVISION 8 121 DOT DRIVE CARTHAGE, NC 28327 Telephone: (910) 773-8000 Fax: (910) 947-3873 Customer Service: 1-877-368-4968 Website: www.nedot.gov Location: 121 DOT DRIVE CARTHAGE, NC 28327 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 �M 5SATfr4g- \ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR January 25, 2023 Dr. Wenonah Haire Catawba Indian Nation Tribal Historic Preservation Office 1536 Tom Steven Road Rock Hill SC 29730 Dear Dr. Haire, J. ERIC BOYETTE SECRETARY The North Carolina Department of Transportation is starting the project development, environmental, and engineering studies for STIP Project Number HE-0013. The project proposes to construct new access road and upgrade construction access road to the Laurinburg/Scotland Industrial Site and improve US 151501 (Aberdeen Road) from the Laurinburg and Southern Railroad crossing south of SR 1301 (Plant Road) to a point north of the proposed Laurinburg North Fire Station. The project length is approximately '/2 mile along US 151501. The project is scheduled to begin construction in early 2024. The attached figure shows the vicinity map for the proposed project. The US Army Corps of Engineers (USACE) is the lead federal agency for compliance with the National Environmental Policy Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) and a Permit is anticipated under the Section 404 Process with the USACE. A project vicinity map is attached. The coordinates of this project are approximately 34.803786,-79.457478. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project including recommendation of alternates to be studied. Your comments may be used in the preparation of a NEPA/ State Environmental Policy Act (SEPA) Environmental Document. In accordance with Section 106 of the NHPA, we also request that you inform us of any historic properties of traditional religious or cultural importance that you are aware of that may be affected by the proposed project. Be assured that, in accordance with confidentiality and disclosure stipulations in Section 304 of the NHPA, we will maintain strict confidentiality about certain types of information regarding historic properties. Please respond by February 28t', 2023 so that your comments can be used in the scoping of this project. If you have any questions concerning this project, or would like any additional information, please contact Emaly Simone with Michael Baker International at 919.481.5721 or by email at emaly.simone#,,mbakerintl.com. Please include the Project Number HE-0013 in all correspondence and comments. Thank you, Co��,a9Fo,�aaa Greg Davis, P.E. NCDOT Division 8 - Project Engineer cc: Matt Wilkerson, NCDOT Archaeology Team Leader Steve Brumagin, USACE Project Manager Mailing Address: Telephone: (910) 773-8000 Location: NC DEPARTMENT OF TRANSPORTATION Fax: (910) 947-3873 121 DOT DRIVE HIGHWAY DIVISION 8 Customer Service: 1-877-368-4968 CARTHAGE, NC 28327 121 DOT DRIVE CARTHAGE, NC 28327 Website: www.ncdot.gov DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 Simone, Emaly From: Caitlin Rogers <Caitlin.Rogers@catawba.com> Sent: Wednesday, March 1, 2023 9:56 AM To: Simone, Emaly Subject: EXTERNAL: HE-0013 Attachments: 2023-193-71.d ocx Attached is the concurrence letter for your project. Hawuh (Thank you), Caitlin Rogers Catawba Indian Nation Tribal Historic Preservation Office 1536 Tom Steven Road Rock Hill, SC 29730 803-328-2427 ext. 226 *** Please note that my email has changed to Caitlin.Rogers@catawba.com *** *Please Note: We CANNOT accept Section 106 forms via e-mail, unless requested. Please send us hard copies. Thank you for your understanding* Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 Catawba Indian Nation Tribal Historic Preservation Office 1536 Tom Steven Road Rock Hill, South Carolina 29730 Office 803-328-2427 March 1, 2023 Attention: Greg Davis NC Department of Transportation 121 Dot Drive Carthage, NC 28327 Re. THPO # TCNS # Project Description STIP Project Number HE-0013 — proposed to construct new access road and upgrade construction access road to the Laurinburg/Scotland Industrial Site and improve US 15/501 from the Laurinburg and Southern Railroad crossing south of SR 1301 to a point 2023-193-71 north of the proposed Laurinburg North Fire Station Dear Mr. Davis, The Catawba have no immediate concerns with regard to traditional cultural properties, sacred sites or Native American archaeological sites within the boundaries of the proposed project areas. However, the Catawba are to be notified if Native American artifacts and / or human remains are located during the ground disturbance phase of this project. If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail Caitlin.Rogers@catawba.com. Sincerely, . . �_J_/ _P�? Az_ Wenonah G. Haire Tribal Historic Preservation Officer DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 Simone, Emaly From: Brumagin, Stephen A (Steve) CIV USARMY CESAW (USA) <Stephen.A.Brumagin@usace.army.mil> Sent: Tuesday, March 14, 2023 8:45 AM To: Simone, Emaly Cc: King, Art C Subject: EXTERNAL: NCDOT HE-0013 Project Leap Frog Scotland County Start of Study Emaly, Thanks for an opportunity to review and provide comments on the start of study request you recently submitted. Your submitted mapping did indicate waters within the project area and since the time of your start of study request, a jurisdictional determination has been submitted to the Corps. An on -site field view of the delineated waters has been scheduled to confirm the mapped boundaries of waters and will occur later this month. The project area depicted has an area mapped by FEMA adjacent to it, contains mapped National Wetland Inventory (NWI) features and includes soils series that are potentially hydric soils (Coxville series). If waters are confirmed to be present within the project area that are jurisdictional and NCDOT will propose to place fill material/structures in waters, a permit under Section 404 of the Clean Water Act may be required. Please be advised that permitting requires applicants to demonstrate a project's purpose and need, that the linear project is single and complete and provide avoidance and minimization of impacts prior to discussion of mitigation for unavoidable impacts. An USFWS IPAC search indicates that the following federally listed species may be present: Re -cockaded woodpecker, American chaffseeed, Canby's dropwort, Michaux's sumac and Rough -leaved loosestrife. Also, please be aware that the proposed for listing (and may be officially listed in 2023)Tricolored bat may also be present and that currently this could affect tree clearing activities or other activities for this project. A search of HPOWEB also indicates no potentially eligible historic structures near/within the study area. Please let me know if you have any questions. Thanks. Steve DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 Project Tracking No. (Internal Use 22-11-0012 ON%4 HISTORIC ARCHITECTURE AND LANDSCAPES NO SURVEY REQUIRED FORM This form only pertains to Historic Architecture and Landscapes for this project. It rr is not valid for Archaeological Resources. You must consult separately with the Archaeology Group. PROJECT INFORMATION Project No: HE-0013 County: Scotland WBSNo.: 50535[ET]3906 Document MCC Type: Fed. Aid No: Funding: ® State ❑ Federal Federal ❑ Yes ® No Permit USACE Permits : Typ e s : Proiect Description: Construct New Road on New Location and Improve US 15-501 lanes from the Laurinburg and Southern Railroad to New Road Location SUMMARY OF HISTORIC ARCHITECTURE AND LANDSCAPES REVIEW Description of review activities, results, and conclusions: Review of HPOGIS web service was undertaken on November 21, 2022. Based on this review, there are no existing NR, DE, LL, SL or SS properties in the project area. There are no structures in the Area of Potential Effects (APE) which are greater than 50 years of age which exemplify any distinctive architectural or historic significance that would warrant further evaluation for eligibiulity for the National Register of Historic Places. No Survey required. Why the available information provides a reliable basis for reasonably predictinz that there are no unidentified significant historic architectural or landscape resources in the proiect area: HPOGIS and County Tax Data provide reliable information regarding structures in the APE. These combined utilities are considered valid for purposes of determining the likelihood of historic resources being present. SUPPORT DOCUMENTATION ®Map(s) ❑Previous Survey Info. ®Photos ❑Correspondence ❑Design Plans FINDING BY NCDOT ARCHITECTURAL HISTORIAN Historic Architecture and Landscapes -- NO SURVEY REQUIRED sheLbL Reap NCDOT Architectural Historian Date November 21, 2022 Historic Architecture and Landscapes NO SURVEYREQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement. Page 1 of 2 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 NCDC7 & Consultant - Find addfe85q ffi + , F I 11 i 1 - .ro Historic Architecture and Landscapes NO SURVEY REQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement. Page 2 of 2 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 Project Tracking No.: 22-11-0012 o� NO ARCHAEOLOGICAL SURVEY REQUIRED FORMJ3 A This form only pertains to ARCHAEOLOGICAL RESOURCES for this project. It is not valid for Historic Architecture and Landscapes. You must consult separately with the- ` Historic Architecture and Landscapes Group. PROJECT INFORMATION Project No: HE-0013 Leap Frog WBS No: 50535 Federal Permit Required? ® Yes County: Scotland Document: M C C Funding: ® State ❑ Federal ❑ No Permit Type: usace Project Description: NCDOT proposes to construct a new road on new location and improve US 15-501, Aberdeen Road, north of Southern Railroad at Laurinburg in Scotland County, NC. The new location portion of the project will be on new ROW. Improvements to US 15-501 are still being planned, however solutions may involve adding turn lanes or other intersection upgrades, which may or may not fall within the existing 100-ft of ROW. While alternatives and designs are still under early development, a Project Study Area was provided which was used as the basis for establishing an Archaeological Area of Potential Effects (APE). For purposes of this archaeological review, the Area of Potential Effects (APE) includes all areas of possible soil disturbances, including new ROW and construction easements. The APE can be described as about 5100 feet (0.97 miles) in length overlapping the already modified US 15-501 highway. With proposed turn lanes and other improvements proposed to the existing highway, a buffer of an additional 50 feet to either side beyond the ROW was adopted as the width for that portion of the project. The location of the new route is not determined, therefore a broad, wide area was chosen for the APE, which extends east of US 15-501 as much as 1000 feet in width though with a more established north -south length of 2600 feet, about half a mile. While state funded, the project is expected to involve federal permitting from USACE, therefore this undertaking is reviewed under Section 106 of the National Historic Preservation Act as it relates to archaeology. SUMMARY OF CULTURAL RESOURCES REVIEW Brief description of review activities, results of review, and conclusions: NCDOT proposes constructing a new location roadway associated with a planned industrial site on the north side of Laurinburg. In support of the new roadway and anticipated use, improvements to US 15-501 are proposed that would facilitate safe and dedicated access though added turn lanes and/or other intersection improvements. The greatest new impacts will be for the new location road which would likely cross what is now agricultural fields. New impacts along US 15-501 should be less as the corridor has already been subjected to major grading and construction for the highway and adjacent utilities. The APE overlaps agricultural fields, forested woodlands, and a small number of commercial and residential properties. USGS mapping (Laurinburg, 1953, 1954) and aerial photography was studied (see Figures 1 and 2) though nothing of special interest was noted. Several soil types are recorded with an estimated two thirds being Coxville loam, a poorly drained soil, which here defines one of several picosins or Carolina Bays in the general area. Others include Wagram sand, eroded Marlboro loamy sand, poorly drained McColl loam, and the often wet Rains fine sandy loam. Generally, the terrain has increased use for agriculture when drained, an attribute that is less favorable for human activity and the presence of archaeological sites. 2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAMNO ARCHAEOLOGICAL SURVEYREQUIRED FORM 1 of4 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 Project Tracking No.: 22-11-0012 LiDAR elevation data was examined which shows some well defined boundaries in the soils types and often modern buildings in the scarce elevated spots and ridges. Data from the Office of State Archaeology was examined using ArcMap to reference any known archaeological surveys and sites. Significantly, the Office of State Archaeology has twice reviewed a large area east of US 15-501, likely the area for proposed development, which overlaps this project's APE for the new location corridor though not the improvements to the exiting highway. Environmental Reviews CH 16-1437 and ER 19-2198 have nearly the same coverage and are both for industrial or energy projects. No survey was recommended based on the noted poorly drained soils, many decades of extensive plowing, and a lack of notable features on historic, early twentieth century maps. Another review, ER 17-077, is for a natural gas pipeline which crosses on the north side of a likely new location road intersection with US 15- 501. For the portion that includes this current APE, no archaeological survey was recommended. Survey was recommended for some segments of the pipeline which includes a length a short distance east of this current project's APE during which a small number of archaeological sites were recorded. No documentation for an archaeological review or systematic survey is present for US 15-501 within the APE, however, conditions are generally the same as areas that have been reviewed immediately adjacent to the highway, poorly drained soils, etc., though twentieth century residences are more likely to have been present along the often disturbed roadway margins. The reasoning by OSA for three overlapping environmental reviews is consistent and sound as it relates to this current project and APE, and, as noted, can be applied to the whole of the project, both the new location roadway and the highway improvements. No documented archaeological sites are present within or adjacent to the Area of Potential Effects. Likewise, there are no cemeteries mapped in the immediate vicinity. There are no National Register of Historic Places listed or determined eligible archaeological sites nearby. This project falls within a North Carolina County in which the following federally recognized tribe has expressed an interest: the Catawba Indian Nation. We recommend that you ensure that documentation is forwarded the tribe using the process described in the current NCDOT Tribal Protocol and PA Procedures Manual. Note, the state recognized Lumbee Tribe of North Carolina has also expressed an interest in Scotland County. Brief Explanation of why the available information provides a reliable basis for reasonably predicting that there are no unidentified historic properties in the APE: The broad area where a new location roadway is proposed has been mostly previously reviewed by OSA which described the presence of drained, heavily plowed soils and little other obvious points of interest as the explanation that no archaeological survey was warranted. This reasoning is extended for this review to include the US 15-501 portion of the APE with much of it being the same conditions or being disturbed during the construction of the existing transportation facility and ROW. Archaeological sites, especially those that might be intact and significant, are unlikely to be encountered based on those factors. No archaeological sites are on record at the Office of State Archaeology at this location. For purposes of Section 106 for this undertaking which is expected to require federal permitting, a recommendation of no archaeological survey required is appropriate. SUPPORT DOCUMENTATION See attached: ® Map(s) ❑ Previous Survey Info ❑ Photos ❑Correspondence ❑ Photocopy of County Survey Notes Other: FINDING BY NCDOT ARCHAEOLOGIST 2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAMNO ARCHAEOLOGICAL SURVEYREQUIRED FORM 2 of 4 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 Project Tracking No.: 22-11-0012 0 1,000 2,000 4,000 •° "'� Feet j3PJ r O •• .' �••` � oc Yes � �� �. i Jorn,Creek- } e / da� fda3z- Hi IV 1 01'• 1 o •a 1 Cc- >; hem- r � ad" 4 i3iJ iddl L'RI RG� zf,? I f ti•., w S cur e Ern Maur, o� e,; ter •�'qg raphcs, CNES/Au6us D`USDA r 8 ih -s hesl,,ye,-�'munity,CopynghM0�241,3Nation I, Figure 1. Vicinity of the proposed new location road and associated improvements to US 15-501 on USGS mapping (Laurinburg) in Scotland County. The Area of Potential Effects (APE) is shown in yellow. Note the presence of poorly drained terrain which are often associated with the bottoms of Carolina Bays, here numerous. 2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAMNO ARCHAEOLOGICAL SURVEYREOUIRED FORM 3 of 4 DocuSign Envelope ID: B0665A68-FF45-4D8F-AFCD-BE271 EFA2EC1 Project Tracking No.: 22-11-0012 0 500 1,000 2,000 Feet s I Atf': k .4' [• a � � r E ri axar, GeoEye, Earthstar Geographics�GNES/Air4us•DS, U,S-, ro'RID, IGN,and the GISUser CommuniityMf,; Figure 2. Aerial showing proposed new road location and improvements to US 15-501, north side of Laurinburg in Scotland County. The Area of Potential Effects, shown yellow, is broad east of the highway for the new road and buffers the ROW by 50 feet on either side for the highway portion. 2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAMNO ARCHAEOLOGICAL SURVEYREOUIRED FORM 4of4 Attachment F: HE-0013 Natural Resources Technical Report (NRTR) -24- pages NATURAL RESOURCES TECHNICAL REPORT Industrial Access Road and Roadway Improvements along US 151501 (Aberdeen Road) at the Laurinburg/Scotland Industrial Site Scotland County, North Carolina STIP HE-0013 WBS Element No. 50700.1.1 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Environmental Coordination and Permitting May 2023 Natural Resources Technical Report STIP HE-0013, Scotland County, N.C. 1.0 INTRODUCTION The North Carolina Department of Transportation (NCDOT) proposes to construct a new access road and upgrade construction access road to the Laurinburg/Scotland Industrial Site and improve US 151501 (Aberdeen Road) from the Laurinburg and Southern Railroad crossing south of SR 1301 (Plant Road) to a point north of the proposed Laurinburg North Fire Station (STIP HE-0013) in Scotland County (Figures 1 and 2). The following Natural Resources Technical Report (NRTR) has been prepared to assist in the preparation of the appropriate environmental documentation. 2.0 METHODOLOGY All work was conducted in accordance with the NCDOT Environmental Coordination and Permitting's Preparing Natural Resources Technical Reports Procedure and the latest NRTR Template September 2021. Initial field work was conducted on January 31, 2023. Follow-up Threatened and Endangered plant species surveys were conducted within the project study area on May 4t', 2023. Water resources identified in the study area were verified by the U.S. Army Corps of Engineers (USACE) and the North Carolina Division of Water Resources (NCDWR) on March 22, 2023. Documentation of this jurisdictional determination is provided in the appendix. The principal personnel contributing to the field work and document is provided in the appendix. 3.0 TERRESTRIAL COMMUNITIES Four terrestrial communities were identified in the study area. Figure 3 shows the location and extent of these terrestrial communities. Terrestrial community data are presented in the context of total coverage of each type within the study area (Table 1). Table 1. Coverage of terrestrial communities in the study area Community Dominant Species (scientific name) Coverage ac. Maintained / Disturbed Fescue (Festuca sp.) Clover (Trifolium sp.) 80.9 Chinese les edeza Les edeza cuneata Mesic Mixed Hardwood Forest Red maple (Acer rubrum) Sweetgum (Liquidambar styraciflua) 11.4 Yellow po lar Liriodendron tuli i era Mesic Pine Savanna Loblolly pine (Pinus taeda) Long -Leaf pine (Pinus palustris) 7.6 Sweet um Li uidambar s raci ua Blackwater Bottomland Water oak (Quercus nigra) Hardwoods Loblolly pine (Pinus taeda) 4.7 Sweet um Li uidambar s raci ua Total 104.6 May 2023 Natural Resources Technical Report STIP HE-0013, Scotland County, N.C. 4.0 PROTECTED SPECIES 4.1 Endangered Species Act Protected Species The United States Fish and Wildlife Service (USFWS) lists the following federally protected species within the study area, under the Endangered Species Act (ESA) (Table 2). For each species, a discussion of the presence or absence of habitat is included below along with the Biological Conclusion rendered based on survey results in the study area. Table 2. ESA federally protected species within the Study Areal Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Perimyotis subflavus Tricolored Bat PE Yes Unresolved Picoides borealis Red -cockaded Woodpecker E Yes No Effect Alligator mississippiensis American Alligator T(S/A) Yes Not Required Schwalbea americans American Chaffseed E No No Effect Oxypolis canbyi Canby's Dropwort E No No Effect Rhus michauxii Michaux's Sumac E Yes No Effect Lysimachia asperulaefolia Rough -leaved Loosestrife E No No Effect ' IPaC data checked on January 23, 2023. E - Endangered PE — Proposed Endangered T(S/A) - Threatened due to similarity of appearance Tricolored Bat USFWS optimal survey window: Structure Checks- Year -Round Biological Conclusion: Undetermined September 14, 2022, the U.S. Fish and Wildlife Service announced a proposal to list the tricolored bat (Perimyotis subflavus - PESU) as endangered under the Endangered Species Act. Given the proposal to list PESU as Federally Endangered, NCDOT and its federal partners, FHWA and USACE, are initiating a conference programmatic consultation to address impacts to this species. USFWS has not provided an official effective listing date, but it is anticipated to occur in the second half of 2023. Upon listing, USFWS is expected to provide habitat descriptions and an area of influence/distribution range for PESU. When this information is provided, it will help to inform NCDOT's determinations on habitat that could be impacted by NCDOT actions. Additionally, a review of NHP records on or updated with Winter (January) 2023 data indicates no known occurrences within 1.0 mile of the study area. Red -cockaded Woodpecker USFWS optimal survey window: Year round; November to early March (optimal) Biological Conclusion: No Effect 2 May 2023 Natural Resources Technical Report STIP HE-0013, Scotland County, N.C. The red -cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine (Pious palustris), for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of the RCW is normally no more than 0.5 miles. Surveys were conducted on January 31, 2023 following the NCDOT Red -cockaded Woodpecker Survey Protocol. Though potential suitable foraging habitat was noted within the study area, suitable nesting habitat was not identified, and RCW cavity trees were not identified. Additionally, a review of NHP records on or updated with Winter (January) 2023 data indicates no known occurrences within 1.0 mile of the study area. The Biological conclusion for the proposed project on this species is No Effect. American Alligator USFWS optimal survey window: year round (only warm days in winter) Biological Conclusion: Not Required In North Carolina, alligators have been recorded in nearly every coastal county, and many inland counties to the fall line. The alligator is found in rivers, streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant of salt water, but the young are apparently more sensitive, with salinities greater than 5 parts per thousand considered harmful. The American alligator remains on the protected species list due to its similarity in appearance to the Endangered American crocodile. Surveys were conducted on January 31, 2023. Suitable habitat was identified within the study area around potential waters identified. However, no individuals were identified during surveys. Additionally, a review of NHP records on or updated with Winter (January) 2023 data indicates no known occurrences within 1.0 mile of the study area. American Chaffseed USFWS optimal survey window: May — August (1-2 months after a fire) Biological Conclusion: No Effect American chaffseed generally occurs in habitats described as open, moist to dryish Mesic Pine Flatwoods and longleaf pine flatlands, Pine Savannas, Pine/Scrub Oak Sandhills, Sandhill Seeps, and other open grass/sedge-dominated communities. This herb also occurs in the ecotonal areas between peaty wetlands and xeric sandy soils and on the upper ecotones of, or sites close, to Streamhead Pocosins. The species prefers sandy peat or sandy loam, acidic, seasonally moist to dry soils in sunny or partly sunny areas subject to frequent fires in the growing season. The plant is dependent on factors such as fire, mowing, or fluctuating water tables to maintain its required open to partly -open habitat. Most extant occurrences, and all of the most vigorous occurrences, are in areas subject to frequent fire. This species is also known to occur on road cuts and power line rights -of -way that experience frequent mowing or clearing. Soil series that it is found on include Blaney, Candor, Gelead, Fuquay, Lakeland, and Vaucluse. Surveys for suitable habitat were May 2023 Natural Resources Technical Report STIP HE-0013, Scotland County, N.C. conducted on January 31, 2023. The project study area consists of agricultural fields and wooded land. Open areas of pine flatwoods and grass -sedge habitats were not observed within the project study area. Additionally, fire -maintained edges and partially opened grasslands were not observed within the project study area. Soils within the project study area were not included in the list of series on which preferred habitat is found. Although roadside mowing does occur along US 15/501 (Aberdeen Road), the frequency at which this occurs keeps species other than low growing fescue or clover from growing. Suitable habitat was not identified within the study area, additionally no individuals were identified during surveys. Additionally, a review of NHP records on or updated with Winter (January) 2023 data indicates no known occurrences within 1.0 mile of the study area. The Biological conclusion for the proposed project on this species is No Effect. Canby's Dropwort USFWS optimal survey window: mid July — September Biological Conclusion: No Effect Canby's Dropwort occurs in the Coastal Plain and Sandhills in moist habitat areas such as Cypress Savannas, wet meadows, wet pineland savannas, ditches, cypress - pine swamps or sloughs, grass -sedge dominated Carolina bays, and the shallows and edges of cypress/pine ponds. The most vigorous occurrences are found in open bays and ponds that are wet for most of the year with little or no canopy cover. Ideal soils for this perennial herb are acidic, deep, and poorly drained sandy loams or peat -mucks underlain by a clay layer and have a medium to high organic content and high water table. Soil series that support the species include Coxville, Grady, McColl, Portsmouth, Rains, and Rembert. The plant is restricted to a narrow, intermediate range of mean water depths where too much or too little water can adversely affect it. Evidence of infrequent and shallow inundations is also found at site occurrences. Surveys for suitable habitat were conducted on January 31, 2023. The project study area consists of maintained roadside areas, agricultural fields, and wooded land. Natural ponds dominated by pond cypress, grass -sedge dominated Carolina bays, wet pine savannas and shallow pineland ponds and cypress -pine swamps or sloughs were not observed within the project study area. Based on site observations, suitable habitat for the Canby's Dropwort is not located within the study area, additionally no individuals were identified during surveys. Additionally, a review of NHP records on or updated with Winter (January) 2023 data indicates no known occurrences within 1.0 mile of the study area. The Biological conclusion for the proposed project on this species is No Effect. Michaux's Sumac USFWS optimal survey window: May - October Biological Conclusion: No Effect Michaux's sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky, open, upland woods on acidic or circumneutral, well -drained sands or sandy loam soils with low cation exchange capacities. The species is also 4 May 2023 Natural Resources Technical Report STIP HE-0013, Scotland County, N.C. found on sandy or submesic loamy swales and depressions in the fall line / Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights -of -way; areas where forest canopies have been opened up by blowdowns and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e.g., mowing, clearing, grazing, periodic fire) maintains its open habitat. Initial surveys for suitable habitat were conducted on January 31, 2023. The project study area consists of maintained roadside areas, agricultural fields, and wooded land. Open areas maintained by disturbances were observed within the project study area. Potential suitable habitat for Michaux's Sumac was identified within the study area. Additional on -site species surveys were conducted on May 4'', 2023 by qualified individuals with Michael Baker International. Approximately four survey hours were completed for Michaux's Sumac on site. During the survey, areas previously identified as potential suitable habitat were surveyed by for the presence of individuals. Potential habitat on site consisted of roadside, powerline, and utility rights -or -ways as well as forested edges and areas along edges of maintained clearings and in and around old or abandoned buildings. Habitat surveyed included forest edges dominated by early successional and invasive flora such as Ailanthis altissima, Albizia julibrissen, and Paulownia tomentosa with understory habitats overgrown with additional invasives such as Wisteria sinensis and Melia azedarach. Few native species were present in the understory and no individual Rhus michauxii were identified during the surveys. Additionally, a review of NHP records on or updated with Winter (January) 2023 data indicates no known occurrences within 1.0 mile of the study area. The Biological conclusion for the proposed project on this species is No Effect. Rough -leaved Loosestrife USFWS optimal survey window: mid May — September Biological Conclusion: No Effect Rough -leaved loosestrife, endemic to the Coastal Plain and Sandhills of North and South Carolina, generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins in dense shrub and vine growth on moist to seasonally saturated sands and on shallow organic soils overlaying sand (spodosolic soils). Occurrences are found in such disturbed habitats as roadside depressions, maintained power and utility line rights -of -way, firebreaks, and trails. The species prefers full sunlight, is shade intolerant, and requires areas of disturbance (e.g., clearing, mowing, periodic burning) where the overstory is minimal. It can, however, persist vegetatively for many years in overgrown, fire -suppressed areas. Blaney, Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series that the plant occurs on. Surveys for suitable habitat were conducted on January 31, 2023. The project study area consists of maintained roadside areas, agricultural fields and wooded land. The project study 5 May 2023 Natural Resources Technical Report STIP HE-0013, Scotland County, N.C. area is located across the remnants of large Carolina bays that have been well developed. The suppression of naturally -occurring fire in the area has resulted in shrubs increasing in density and height and expanding to eliminate the open edges required by the Rough -leaved loosestrife. Suitable habitat was not identified within the study area, additionally no individuals were identified during initial surveys in January 2023 or follow-up surveys on May e, 2023 of roadside depressions and maintained powerline rights of ways within the study area. Additionally, a review of NHP records on or updated with Winter (January) 2023 data indicates no known occurrences within 1.0 mile of the study area. The Biological conclusion for the proposed project on this species is No Effect. 4.2 Bald and Golden Eagle Protection Act The Bald and Golden Eagle Protection Act is enforced by the USFWS. Golden eagles do not nest in North Carolina. Habitat for the bald eagle primarily consists of mature forests in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop-GIS assessment of the project study area, as well as the area within a 1.0-mile radius of the project limits, was performed on January 30, 2023 using 2019 color aerials from NC One Map. No water bodies large enough or sufficiently open to be considered potential feeding sources were identified. Since there was no foraging habitat within the review area, a survey of the project study area and the area within 660 feet of the project limits was not conducted. Additionally, a review of the NHP database updated with Winter (January) 2023 data revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the lack of habitat, known occurrences, and minimal impact anticipated for this project, it has been determined that this project will not affect this species. 5.0 WATER RESOURCES Water resources in the study area are part of the Lumber River basin [U.S. Geological Survey (USGS) Hydrologic Unit 03040204]. Three (3) streams were identified in the study area (Table 3). The location of each stream is shown in Figure 4. Table 3. Streams in the study area NCDWR Bank Bankfull Stream Name Map ID Index Best Usage Height width Depth Number Classification ft ft (in) UT to Leith Creek SA 14-33 C; SW 4 14 30 UT to Leith Creek SB 14-33 C; SW 6 10 10 UT to Leith Creek SD 14-33 C; SW 2 6 6 There are no designated High Quality Waters (HQW), Outstanding Resource Waters (ORW) or water supply watersheds (WS-I or WS-II) within, or within 1.0 mile downstream 6 May 2023 Natural Resources Technical Report STIP HE-0013, Scotland County, N.C. of the study area. The North Carolina 2022 Final 303(d) list of impaired waters does not identify any waters within the study area as an impaired water. No additional surface waters were identified in the study area. 6.0 REGULATORY CONSIDERATIONS 6.1 Clean Water Act Waters of the U.S. Three streams were identified in the study area (Table 4). The location of these streams is shown on Figure 4. North Carolina Stream Assessment Method (NCSAM) and NCDWR stream identification forms are included in a separate Jurisdictional Determination (JD) Package. All streams in the study area have been designated as warm water streams for the purposes of stream mitigation. Table 4. Status of streams in the study area Map ID Length ft. Classification Compensatory Miti ation Required River Basin Buffer SA 613 Perennial Yes Not Subject SB 3,027 Perennial Yes Not Subject SD 287 Perennial Yes Not Subject Total 3,927 * NCSAM forms are available in the JD package Four wetlands were identified within the study area (Table 5). The location of these wetlands is shown on Figure 4. All wetlands in the study area are located within the Lumber River basin [USGS Hydrologic Unit 03040204]. USACE wetland determination forms and NCWAM forms for each site are included in a separate Jurisdictional Determination Package. Table 5. Characteristics of wetlands in the study area NCWAM NCWAM Hydrologic 404/401 Area (ac.) in Map ID Classification Forested Rating Classification or 401 Study Area WA Bottomland Medium y Riparian 404/401 2.20 Hardwood Forest WB Bottomland Medium Y Riparian 404/401 1.58 Hardwood Forest WC Bottomland Medium Y Riparian 404/401 0.67 Hardwood Forest WD Basin Wetland Y Medium Non -Riparian 404/401 0.03 Total 4.48 7 May 2023 Natural Resources Technical Report STIP HE-0013, Scotland County, N.C. 6.2 Construction Moratoria Streams in the study area are not within trout watersheds, nor are they identified as anadromous fish waters or primary nursery areas. No construction moratoria are expected. 6.3 N.C. River Basin Buffer Rules Streamside riparian zones within the study area are not protected under provisions of any buffer rules administered by NCDWR. 6.4 Rivers and Harbors Act Section 10 Navigable Waters There is no surface water within the project study area that has been designated by the USACE as a Navigable Water under Section 10 of the Rivers and Harbors Act. 8 May 2023 Natural Resources Technical Report STIP HE-0013, Scotland County, N.C. 7.0 REFERENCES NCDWQ North Carolina Division of Water Quality. 2022. NC Surface Water Classifications. Raleigh, NC. https://experience.arcgis.com/experience/7073e9l22ab74588b8c48ded34c3df55/? data id=dataSource 1-SurfaceWaterClassifications 6584 4677%3A8394 NCDEQ North Carolina Division of Environmental Quality. 2022. NORTH CAROLINA 2022 303(D) LIST. Raleigh, NC. https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2361776&c r=1 NCDOT North Carolina Department of Transportation. 2018. Red -cockaded Woodpecker Survey Protocol, Version 1.4. Environmental Analysis Unit. https://connect.ncdot. gov/resources/Environmental/EAU/B SG/Documents/RC W Survey Protocol_Ver 1 4.pdf NCDOT North Carolina Department of Transportation. 2022. Standard operating Procedures (SOP) — NCDOT Preliminary Bat Habitat Assessments (Structures, Caves & mines). Environmental Analysis Unit. httDs://connect.ncdot. sov/resources/Environmental/EAUB SG/Documents/Bats/N CDOT%20SOP%202022%20Prelim%20Bat%20Habitat%20Assessment%20Stru c%20Cave%20Mine.pdf NCDOT North Carolina Department of Transportation. 2009. Rendering a Biological Conclusion. Project Development and Environmental Analysis Branch. hM2s://connect.ncdot.gov/resources/Environmental/Compliance%20Guides%20an d%20Procedures/Rendering%20a%20Biological%20Conclusion.pdf NCNHP Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina: Fourth Approximation. North Carolina Natural Heritage Program, Department of Environment and Natural Resources. Raleigh, NC. 217 pp. NCNHP. North Carolina Natural Heritage Program North Carolina Natural Heritage Data Explorer. Online Project Planning Tool. https://ncnhde.natureserve.org/ Accessed: January 23, 2023. USGS United States Geological Survey. 2022. Laurinburg, North Carolina, Topographic Quadrangle (7.5-minute series). Reston: 1 sheet. USACE United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station. Vicksburg, Mississippi. USACE United States Army Corps of Engineers, Environmental Laboratory. 1992. Clarification and Interpretation of the 1987 Manual, memorandum from Major General Arthur E. Williams. 9 May 2023 Natural Resources Technical Report STIP HE-0013, Scotland County, N.C. USACE United States Army Corps of Engineers: Wetlands Regulatory Assistance Program. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern mountains and Piedmont Region (Version 2.0). Vicksburg, Mississippi. USFWS U.S. Fish and Wildlife Service. 1995. American Chaffseed Recovery Plan. U.S. Fish and Wildlife Service, Hadley, MA. 57 pp. hM2s://ecos.fws.gov/docs/recovery plan/950929c.pdf USFWS U.S. Fish and Wildlife Service. 2019. American Chaffseed Recovery Plan, Amdendment 1. U.S. Fish and Wildlife Service, Atlanta, GA. 5 pp. hllps://ecos.fws.gov/docs/recovery plan/Schwalbea%20americana%20RecoverX %20Plan%20Amendment l.bdf USFWS U.S. Fish and Wildlife Service. 1990. Canby's Dropwort Recovery Plan. U.S. Fish and Wildlife Service, Atlanta, GA. 30 pp. https://ecos.fws.gov/docs/recovery plan/900410.pdf USFWS U.S. Fish and Wildlife Service. 2003. Recovery plan for the red -cockaded woodpecker (Picoides borealis): second revision. U.S. Fish and Wildlife Service, Atlanta, GA. 296 pp. https://ecos.fws.gov/docs/recovery plan/030320_2.pdf USFWS U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. U.S. Fish and Wildlife Service, Atlanta, GA. 30 pp. https://ecos.fws.gov/docs/recovery plan/930430.pdf USFWS U.S. Fish and Wildlife Service. 2022. North Carolina's federally threatened, endangered, and at -risk plant species: Optimal survey windows and duration a survey is valid. https://www.fws.gov/story/2022-03/north-carolinas-federally- threatened-endangered-and-ri sk-plant-species USFWS U.S. Fish and Wildlife Service. 1995. Rough -leaved Loosestrife Recovery Plan. U.S. Fish and Wildlife Service, Atlanta, GA. 37 pp. hllps://ecos.fws.gov/docs/recovery plan/950419b.pdf USFWS U.S. Fish and Wildlife Service. 2021. Species Status Assessment Report for the Tricolored Bat (Perimyotis subflavus), Version 1.1. December 2021. Hadley, MA. hllps://ecos.fws.gov/ServCat/DownloadFile/221212 USFWS U.S. Fish and Wildlife Service. 2023. Information for Planning and Consultation (IPAC). Online Project Planning Tool. httpsWipac.ecosphere.fws.gov/. Accessed: January 23, 2023. 10 May 2023 0 500 1,000 2,000 Feet Legend 0 Project Study Area Prepared By NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION 8 STIP Project: HE-0013 Industrial access road and roadway improvements along US 15/501 (Aberdeen Road) at the Laurinburg/Scotland Industrial Site 1 N T E R N A T I❑ NA L Scotland County FIGURE 1. VICINITY MAP �-4MM(L ,i 03 rrI • I o st 0 500 1,000 2,000 Feet 1 Legend 0 Project Study Area Prepared By I' Michael Baker I N T E R N A T 10 N A L Scotland County USGS 7.5 Minute Topographic Quadrangle, Laurinburg, NC 2019 011 , NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION 8 STIP Project: HE-0013 Industrial access road and roadway improvements along US 15/501 (Aberdeen Road) at the Laurinburg/Scotland Industrial Site FIGURE 2. USGS TOPOGRAPHIC MAP L US 15-501/Aberdeen MW -48 F I Vok. J0. E 4 0 250 500 1,000 t Feet Legend NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Project Study Area Secondary Route DIVISION 8 Natural Community Type US Route STIP Project HE-0013 C5�'o F Maintained / Disturbed (80.88 acres) NC Route rFf Industrial access road and roadway improvements along US 15/501 F Mesic Mixed Hardwood Forest (11.40 acres) Railroad Track Prepared By (Aberdeen Road) at the Mesic Pine Savanna (7.63 acres) r N Laurin burg/Scotland Industrial Site k Agri IT, Iffl- T:T, "T 1w- Scotland County I N T E R N A T 1 0 N A L SBlackwater Bottomlands Hardwoods (4.73 acres) FIGURE 3. TERRESTRIAL COMMUNITIES MAP Prepared By M6A INTERNATIONAL Scotland County Legend Culverts r-1 Project Study Area Secondary Route 0 Upland Data Point US Route 0 Wetland Data Point NC Route - Potentially Jurisdictional Streams Potentially Jurisdictional Wetlands 0 250 500 1,000 Feet NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION 8 STIP Project HE-0013 rFf Industrial access road and roadway improvements along US 15/501 (Aberdeen Road) at the Laurin burg/Scotland Industrial Site FIGURE 4. WATER RESOURCES MAP Qualifications of Contributors Principal Investigator Terry Burhans, PWS, CPSS Education: B.S. Environmental Science, University of California, Riverside, 2010 M.S. Forestry, West Virginia University, 2012 Experience: Environmental Scientist, Michael Baker International, 2016 — Present Project Manager, AUStar Ecology, 2012 — 2016 Forest Technician, U.S. Forest Service, 2011 — 2012. Responsibilities: T/E species assessment, Jurisdictional delineation, wetland assessment, stream assessment, natural communities assessment, protected species assessment, GPS,GIS/CAD, document preparation, document review, agency coordination Investigator Emaly Simone Education: B.S. Geology, University of North Carolina, 1996 Experience: Environmental Specialist, Michael Baker, 2014-Present Research Environmental Scientist, RTI International, 1999-2013 Assistant Recycling Coordinator, City of Middletown, CT, 1993-1994 Responsibilities: T/E species assessment, Jurisdictional delineation, wetland assessment, stream assessment, natural communities assessment, protected species assessment, Document review Investigator Byron Bateman Education: AAS, Forest Management, Wayne Community College, 1997 Experience: NC CEI Area Manager, Michael Baker, 2020 - Present Civil Engineering Assistant, City of Wilson Public Works, 2018 — Present Roadside Environmental Engineer, NCDOT, Division 4, 2015-2018 Environmental Specialist, NCDOT Division 4, 2008 — 2015 General Utility Worker, NCDOT, Ocracoke Island, 2006 — 2008 Lead Wetland Biologist, The Clark Group Responsibilities: Document review Attachment G: Hydraulics and Drainage Discussion -4- pages Comments from Steve Brumagin (USACE) on October 16, 2023 Responses from Matthew Edwards (Sungate) on October 23, 2023 I have a few comments for you on the HE-0013 Hydro drawing you sent me and things you want to consider for a permit application (in no particular order): • You do this anyways, but I wanted to encourage you to tell the story about the reasons why NCDOT is proposing to do this project in a permit application discussion. This can include discussion about the limited capacity of the existing enclosure system, the flooding of the convenience store access/parking area, NCDOT's desire to have the conveyance of this tributary out of the existing structure due to maintenance concerns, improved traffic safety, etc. Project Leap Frog is an economic development project in Scotland County. HE-0013 is an NCDOT project that proposes roadway improvements to US 15-501 (Aberdeen Rd) and to provide an industrial access road to the Laurinburg/Scotland industrial site and fire station. A history of flooding issues at Nic's Pic Kwik, an existing convenience store, was noted by Greg Davis, PE (Division Project Engineer). Analysis of the existing drainage (24" pipe) indicates the existing roadway would be impaired by storm events much less than the 2-year storm. The proposed drainage improvements dramatically increase the level of service when compared to existing drainage. • 1 think it would also be important to indicate that this project will be directing water into the same area as it currently flows (minus two trips under the railroad) and if correct, that the proposed relocation will reduce some hydrology from the tributary indicated between the railroad and the Schwarz property but does not result in a loss of waters in this tributary due to observed flow in the channel, area of estimated drainage area, aerial photographs, etc. The existing drainage system flows under the convenience store driveways, under the railroad, under US 15-501, and then back under the railroad. The proposed drainage improvements ultimately drain to the same stream outfall as the existing drainage systems but create significantly less right-of-way impacts to the convenience store and completely avoids impacts to the railroad. Approximately 66 acres still drain to the existing 48" RCP underneath US 15-501 on the south side of the railroad. At this location, there will be a reduction in hydrology but will not result in a loss of waters. Image 1 shows the 48" CMP underneath the railroad in poor condition. The 48" CMP pipe segments are disconnected at the inlet. Images 2 and 3 show the observed water surface between the 48" RCP underneath US 15-501 (Aberdeen Rd), to the south of the railroad and the 30" CMP underneath the railroad. Image 1: Outlet of 48" RCP and inlet of 48" CMP (poor condition). Image 2: Ponding observed upstream of 48" RCP under US 15-501 to the south of the railroad. Image 3: Ponding observed between inlet of 48" RCP under US 15-501 and outlet of 30" CMP under railroad. You will need to provide a discussion that explains why the 15/501 crossing will use two 83" x 57" pipes while the downstream crossing of Plant Road includes two 48" RCPs. The goal of this discussion will be that the design/placement of these pipes will assure that the smaller downstream pipes do not pose an impoundment threat. 2@48" RCP -Vs are the largest pipe size that can fit underneath SR 1301 (Plant Rd) without requiring a grade raise. The proximity of the proposed 2@48" RCP -Vs and the intersection between SR 1301 (Plant Rd) and US 15-501 (Aberdeen Rd) also prevents a grade raise at this crossing. Additional pipes could be added underneath SR 1301 (Plant Rd) but avoiding the increase in proposed channel width was preferred. The effective flow area of a 2@48" RCP buried 1.0 foot is 20.2 square feet. The effective flow area of 2@83"x57" CMP Arch is 40.8 square feet. The proposed 2@48" RCPs under SR 1301 (Plant Rd) overtops at flow rates greater than 107 CFS, which is less than the 2-year storm event. The 2@83"x57" CMP Arch overtops at flow rate greater than 121 CFS. Therefore, impoundment is not anticipated to be a threat due to overtopping. • Please explore options at the outlet of the 48" RCPs under Plant Road to avoid/minimize the excavation/earthmoving/placement of rock in the area indicated on the plan sheet as wetlands. Since there is some area there at the outlet that is not indicated as wetlands, I would encourage thoughts of placing energy dissipator or other rock design that does not affect wetlands. In addition, since there is minor realignment of the existing stream at the inlet of the 83" x 57" pipes, is there some way to minimize the rock in the channel like what is proposed in the channel across 15/501(utilizing rock on the side slopes but a natural channel to handle normal flow)? I understand the need to have rock to protect the inlet, I am just hoping to minimize the rock in the channel along the existing paved drive to the south end of the Leap Frog site. Avoiding impacts to railroad Right -of -Way was requested by the Division, and the alignment of outlet channel provides good transition to the receiving stream, with the intent to provide long- term stability. The design flow is 160 CFS at the outlet of the proposed 2@48" RCPs under SR 1301 (Plant Rd). This flow rate is too high for an energy dissipator pad. The concern is the flow would not properly diffuse, become reconcentrated, and eventually erode a channel. Therefore, it was decided to propose constructing a stable outlet channel. In lieu of an energy dissipator pad, NCDCT Hydraulics is okay with adding 20' of Class 'I' rip rap in the channel at the outlet of the proposed 2@48" RCP -Vs. Due to velocity and proximity of US 15-501, there does not appear to be a way to construct a natural stream and stay within existing Right -of -Way. There is not enough room between existing Right -of -Way and US 15-501 for a floodplain bench to be constructed, and to add sinuosity for natural stream design. The Division is not seeking mitigation credits. The special 2' base ditch with Class 'I' rip rap from 15+65 to 17+18 -L- Left is too steep to not have rip rap in the channel to prevent erosion and scouring. The max shear stress is 2.17 pounds per square foot and the velocity is 3.61 feet per second. For the inlet side of the 2@83"x57" RCPs, the proposed slope is 2.36%, with a flow velocity of 5.3 ft/sec and max shear stress of 3.5 pounds per square foot. Site constraints required steepening the slope at the channel upstream of the 2@83"x57" CMPAs, which increased velocities. The associated inlet channel was aligned to provide a better transition to the outlet channel. To eliminate the rip rap in the channel bed, the limits of the channel work and associated impacts to the jurisdictional stream would need to be extended to flatten the slope of the proposed channel.