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HomeMy WebLinkAbout20240682 Ver 1_BP10.R033 attachments_5_14_2024 (002)_20240514WBS# BP10.R033 USACE Preliminary Jurisdictional Determination (SAW-2023-00478) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action id. SAW-2023-00478 County: Anson County NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: North Carolina Department of Transportation, Division 10 Mr. Joel Howard, PDEA Engineer Address: 716 West Main Street Albemarle, NC 28001 imhoward(&ncdot.gov Telephone Number: (704) 983-4400 Size (acres) 9.7 acres Nearest Town Wadesboro Nearest Waterway Cabin Branch River Basin Upper Pee Dee USGS HUC 03040104 Coordinates Latitude: 35.05922 Longitude:-80.145576 Location description: The project is located on and around NCDOT Bridge No. 030231 on SR 1637 (Jacks Branch Road) over Cabin Creek in Anson County, North Carolina. 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 (RBA) (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-2023-00478 NCDOT BNO R033 Anson County _ 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 arc no waters of the U.S., to include wetlands, present on the above described project area which arc 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 (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Stephen A. Brumagin by telephone at (704) 798-6471 or by e-mail at stephen.a.brumagin@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 PHTLTP. A. SHANNTN(c�r�US A CE. ARMY.MTL SAW-2023-00478 NCDOT BP10.R033 Anson County 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 28, 2023 Expiration Date: N/A 2023.04.28 09:16:35-04'00' 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://re ug latoiy.ops.usace.army.mil/customer-service-survev/. Copy Furnished: North Carolina Department of Transportation, Division 10 Mr. William Wescott. Environmental Officer 716 West Main Street Albemarle, NC 28001 w2wescott(a,, ncdot.I!ov SAW-2023-00478 NCDOT BP10.11033 Anson County NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: File Number: SAW-2023-00478 Date: April 28, 2023 North Carolina Department of Transportation Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of ermission A PROFFERED PERMIT Standard Permit or Letter of ennission B PERMIT DENTAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx Corps rearulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having 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 IT of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2023-00478 NCDOT BPr0.R033 Anson Countv 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 11 - 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 O CONTAC UESTIONS 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 stephen.a.brumagin(a-),usace.army.mil ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHTLTP.A.SHANNTNLUSACE.ARMY.MTL 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 investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: 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 Officer, CESAD-PDO, 60 Forsyth Street, Room 1 OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: April 28 2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mr. Joel Howard, PDEA Engineer North Carolina Department of Transportation, Division 10 716 West Main Street Albemarle, NC 28001 0mhoward(@ncdot.gov C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District (SAW), NCDOT BP10.R033 Bridge No. 231 SR 1637 Anson County Div 10, SAW-2023-00478 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Anson County City: Wadesboro Center coordinates of site (lat/long in degree decimal format): Lat.: 35.0595590 Long.:-80.1455760 Universal Transverse Mercator: 17 Name of nearest waterbody: Cabin Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): X A. Office (Desk) Determination. Date: April 28, 2023 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. 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 Cabin Branch 35.059613 -80.145655 756 feet Non -wetland waters Section 404 WA 35.059452 -80.146206 0.55 acres Wetland Section 404 WB 35.059467 -80.145478 0.39 acres Wetland Section 404 WC 35.060104 -80.145619 0.1 acres Wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" 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 (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the.JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: _X_ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: NCDOT Map: Figures 1-4, entitled, "BP10.R033 Replacement of Bridge No. 231 on SR 1637 (Jacks Branch Rd) over Cabin Branch Jurisdictional Features" dated October 2022 _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: _X_ 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. 03040104 Upper Pee Dee, 030401040105 Lower Brown Creek _X_ U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000, Polkton NC Quadrangle. _X Natural Resources Conservation Service Soil Survey. Citation: Chewacla, Creedmoor & Badin soil series. 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_ National wetlands inventory map(s). Cite name: R4SBC, PF01A & PUBH. 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: Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. i4R 2023.04.28 *w� , 09:17:20-04100' 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 N ��� r.o", P - - - d Far: � � - ^ � Stanly �/I Montgomery 9�� burn"d le 1 Richmond I 1 a BP10.R033 um— i r'I.""'ni• - .,i Replacement 1 i Of Bridge No. 231 J't _ an SR 1637 (Jacks Branch Rd) over -- .hiBranch streets `-r A • - Project Vicinity Map _ Anson County - North Carolina ti '= '~ ti October 2022 scale: 0 250 500 F[ I Job No.: 22-021 .: f= •- Gray ey: Checked EySM aQ ray V• d Figure a - - N Study Area streets a r Potential Nan -wetland a� WOTUS (Streams) - e Perennial m� ® Potential Wetland WOTUS Prepared Far: WC � Cabin Branch BP10.R033 Replacement Of Bridge No. 231 on SR 1637 VVA WB (Jacks Branch Rd) over Cahin Branch WA Jurisdictional Features Map - Topo Anson County North Carolina Data: October 2022 » n Scale: 0 100 200 Ft i Job No.. 22-021 Drawn By: Checked By: n. CMR JSM Figure 2 Study Area streets a r Potential Nan -wetland a� WOTUS (Streams) - e Perennial m� ® Potential Wetland WOTUS Prepared Far: WC Cabin Branch BP10.R033 Replacement Of Bridge No. 231 on SR 1637 Wn w (Jacks Branch Rd) over Cahin Branch WA Jurisdictional Features Map - Aerial Anson County North Carolina Date: October 2022 Scale: 0 100 200 Ft i Job No.. 22-021 Drawn By: Checked By: CMR JSM Figure 3 Study Area Streets - _ -N� �a it �zCitrihtH.:b�9 r �-9 ki7ti's 2ft Contour 0�� Prepared Far �a Potential Non -wetland WO nUS (Streams) - Perennial al ® WC Potential Wetland WOTUS Project Elevation High : 316 Cabin Branch BP10.R033 Law: 226 nj Replacement Of MA Bridge No. 231 on SR 1637 (Jacks Branch Rd) over Cabin Branch WA . Jurisdictional Features Map - LiDAR Anson County North Carolina `.rs� ��� rs � Data: October 2022 ioo zoo Fr Job No.: 22-021 F� Drawn By: Checked By: CMR JSM Figure WBS# BP10.R033 Preliminary Jurisdictional Determination Request STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR February 27, 2023 U.S. Army Corps of Engineers Charlotte Regulatory Field Office ATTN: Steve Brumagin 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 J. ERIC BOYETTE SECRETARY SUBJECT: Preliminary Jurisdictional Determination (PJD) Package for the following Natural Resources Technical Report: NCDOT Project No. BP10.R033: Proposed Replacement of Bridge No. 030231 on SR 1637 (Jacks Branch Road) over Cabin Branch, Anson County, North Carolina. The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 030231 on SR 1637 (Jacks Branch Road) over Cabin Creek in Anson County, North Carolina (Appendix A, Figure 1). Below and attached are a brief description of the project, figures depicting all features, and appropriate forms. Three Oaks Engineering, Inc. (Three Oaks) staff members Byron Levan and Trevor Hall conducted the site investigation within the Project Study Area (PSA) on October 5, 2022. Four potential jurisdictional features (1 stream and 3 wetlands) were identified within the PSA (Tables 1-2; Appendix A, Figures 2- 4). This project is located in the Yadkin -Pee Dee River Basin (United States Geological Survey [USGS] Hydrologic Unit Code [HUC] 03040104). North Carolina Division of Water Resources (NCDWR) Stream Identification forms are included for Cabin Branch and an ephemeral feature within the PSA. A North Carolina Stream Assessment Method (NCSAM) form was not completed for Cabin Branch since it possessed qualities indicative of a medium- to high -quality perennial stream. United States Army Corps of Engineers (USACE) Wetland Determination forms (wetland and upland) were completed that represent each wetland within the PSA. North Carolina Wetland Assessment Method (NCWAM) forms were not completed since all wetlands possessed characteristics conducive to them receiving medium or higher mitigation/functional rating values (Appendix B). A USACE ORM Data Entry form, USACE Jurisdictional Determination Request form, USACE PJD form, and a USACE Waters Upload Spreadsheet are also included with this submittal (Appendix Q. Please see the following PJD Package: NC DEPARTMENT OF TRANSPORTATION Telephone: (704) 983-4400 716 W MAIN STREET HIGHWAY DIVISION 10 Customer Service: 1-877-368-4968 ALBEMARLE, NC 28001 Website: www.ncdot.gov Table 1. Potential jurisdictional streams in the PSA NCDWRBest Stream Usage NCSAM Name Map ID Index Classification Classification Rating' Length Number Cabin Cabin 13-20-12 C Perennial * 756 Branch Branch Total 756 1 Medium to high quality streams did not have a NCSAM form completed for them. These features are represented by an asterisk (*) Table 2. Potential jurisdictional wetlands in the PSA Map NCWAM NCWAM Rating' Hydrologic Area ID Classification Classification WA Bottomland Hardwood Riparian 0.55 Forest WB Bottomland Hardwood Riparian 0.39 Forest WC Headwater Forest * Riparian 0.10 Total 1.04 1 Medium to high quality wetlands did not have a NCWAM form completed for them. These features are represented by an asterisk (*). If you have any questions, require additional information, or would like to schedule a site visit, please contact me by phone at (704) 983-4400 or email at jmhoward(c�r�,ncdot.gov. Alternatively, you may also contact James Mason at Three Oaks by phone at (704) 604-8358 or email at james.mason@threeoaksengineering.com. Three Oaks is submitting this request on behalf of NCDOT. We appreciate your assistance on this project. Sincerely, Joel Howard PDEA Engineer North Carolina Department of Transportation Highway Division 10 Cc: Amy Chapman, NCDWR Appendix A Figures N �G1ttEEfte. Preoared For: �.}�ii� OF NORTy C J - - Slanly Stanly r Montgomery 1 Richmond r_Fy y�o Bumsviila / �_ -� a r OF 1d 1 � Union CO Anson BP10.R033 Polkton Replacement W desboro Of I I � Bridge No. 231 i on SR 1637 (Jacks Branch Rd) Study Area _ - .. Over Cabin Branch Streets._ ;4 Project ;p Vicinity '� '}•� Map Anson County ��� `�` � � ` ' �•� �i��<�: � � North Carolina k: �9 .s, A �r r CD -F o p Date: October 2022 Scale: 0 250 500 Ft I i � Job No.: 22-021 Drawn By: Checked By: CMR JSM N p\1 EERlyer Study Area o Streetsambir Potential Non -wetland `mac WOTUS (Streams) - O Prepared For: Perennial F Potential Wetland WOTUS WC m � 4 � �FyT OF Cabin Branch BP10.R033 Replacement of Bridge No. 231 on SR 1637 WA wB (Jacks Branch Rd) over Cabin Branch WA Jurisdictional Features Map - Topo Anson County North Carolina Date: October 2022 Scale: 0 100 200 Ft I i I Job No.: 22-021 Drawn By: Checked CMR !Jy:sml + I I i Study Area Streets Potential Non -wetland WOTUS (Streams) - Perennial Potential Wetland WOTUS rs--Arff� r-- V y _ r �G1�LEEfter Prepared For: OF pORTy � y � x m � 4 � �FyT OF I�pay�o BP1O.RO33 Replacement of Bridge No. 231 on SR 1637 (Jacks Branch Rd) over Cabin Branch Jurisdictional Features Map - Aerial Anson County North Carolina Date: October 2022 Scale: 0 100 200 Ft I i I Job No.: 22-021 Drawn By: Checked By: CMR JSM Figure N �614LEEfte Study Area Streets �a ,q!�3ty�c�'� 2ft Contour ��� Prepared For: Potential Non -wetland WOTUS (Streams) - Perennial WC Potential Wetland WOTUS p�� Qd FyT ��pay OF Project Elevation Cabin Branch - High : 316 BP10.R033 - Low: 226 Replacement of Bridge No. 231 on WA SR 1637 WB (Jacks Branch Rd) over Cabin Branch WA Jurisdictional Features Map - LiDAR . Anson County North Carolina e7 Date: October 2022 Scale: 0 100 200 Ft I i I Job No.: 22-021 Drawn By: Checked By: CMR JSM Appendix B Stream and Wetland Forms Cabin Branch NC DWQ Stream Identification Form Version 4.11 Date: 10/10/2022 PrOjeCt/Site: BP10.R033/Cabin Branch Latitude: 35.059675 Evaluator: Byron Levan and Trevor Hall county: Anson Longitude:-80.145719 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 54 Ephemeral Intermittent Perennial a-g Quad Name. Polkton, 1:24K, 2019 if ? 19 or perennial if z 30' A. Geomorphology Subtotal = 27 Absent Weak Moderate Strong 1' Continuity of channel bed and bank 0 1 ❑ 2 3 ✓ 2. Sinuosfty of channel along thalweg 0 1 2 3 ✓ 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 ❑ 1 ❑ 2 ❑ 3 ✓❑ 4. Particle size of stream substrate 0 1 1 1 ❑ 2 1 3 ✓ 5. Activelrelict floodplain 0 ❑ 1 ❑ 2 ❑ 3 ✓❑ 6. Depositional bars or benches 0 1 2 3 ✓ 7. Recent alluvial deposits 0 1 ❑ 2 3 ✓❑ 8. Headcuts 0 ,/ 1 0 2 ❑ 3 ❑ 9. Grade control 0 0.5 ❑ 1 1.5 ✓ 10, Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 ❑ Yes = 3 ✓ a artificial ditches are not rated. see discussions in manual B. Hydrology (Subtotal = ILL-) 12. Presence of Baseflow 0 ❑ 1 ❑ 2 ❑ 3 13, Iron oxidizing bacteria 0 ✓❑ 1 ❑ 2 :3 ❑ 14. Leaf litter 1.5 ✓ 1 0.5 0 15. Sediment on plants or debris b 0.5 1 1 5 ✓ 16. Organic debris lines or piles 0 0.5 1 El 1 5 ✓ 17. Soil -based evidence of high water table? No = 0 LJ Yes = 3 ✓ C. Biology (Subtotal = 16.5 18. Fibrous roots in streambed 3 ✓ 1 2 ❑ 0 19. Rooted upland plants in streambed 3 ❑✓ 2 1 ❑ 0 LJ 20, Macrobenthos (note diversity and abundance) 0 ❑ 1 ❑ 2 3 ✓ 21. Aquatic Mollusks 0 Ljj 1 2 Li 3 22. Fish 0 LJ 0.5 LJ 1.5 ✓ 23. Crayfish 0 ❑ 0.5 ❑ 1 M 1.5 ✓ 24. Amphibians 0 LJ 1 5 ❑ 1 ❑ 1.5 ✓ 25. Algae 0 0.5 1 ❑ 1.5 ✓ 26. Wetland plants in streambed FACW = 0,75. OBL = 1.5 other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Note& Cabin Branch is listed as a wetland in NWI rather than river habitat, so this form confirms designation as a perennial stream. There were multiple species of larval EPT noted in the stream. Some larval salamanders were noted as well. Water willow and other obligate wetland plants growing along bank. Sketch: Bank Height (ft): 3-8 Bankfull width (ft): 10-15 Water depth (in): 6-36 Channel substrate - Clay, Silt, Sand, Gravel, Cobble, Bedrock Velocity -fast, moderate, slow Clarity -= slightly turbid, turbid Non -Jurisdictional Linear Feature (NJLF) NC DWQ Stream Identification Form Version 4.11 Date: 10/10/2022 Project/Site: BP10.R033/NJLF Latitude: 35.059957 Evaluator: Byron Levan and Trevor Hall county: Anson Longitude:-80.145623 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 14 Ephemeral Intermittent Perennial e.g. Quad Name: Polkton; 1:24K, 2019 if ? 19 or perennial if z 30' A. Geomorphology (Subtotal = 5 Absent Weak Moderate Strong 1' Continuity of channel bed and bank 0 1 ✓❑ 2 3 2. Sinuosity of channel along thalweg 0 ✓ 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 ❑ 1 IZI 2 ❑ 3 ❑ 4. Particle size of stream substrate 0 1 ✓❑ 2 3 5. Activelrelict floodplain 0 ❑✓ 1 ❑ 2 ❑ 3 ❑ 6. Depositional bars or benches 0 ✓ 1 2 3 7. Recent alluvial deposits 0 1 ✓❑ 2 3 ❑ 8. Headcuts 0 1 ✓ 2 ❑ 3 ❑ 9. Grade control 0 ✓ 0.5 ❑ 1 1.5 10, Natural valley 0 ✓ 0.5 1 1.5 11. Second or greater order channel No = 0 ✓❑ Yes = 3 a artificial ditches are not rated. see discussions in manual B. Hydrology (Subtotal = 5 ] 12. Presence of Baseflow 0 1 ❑ 2 ❑ 3 ❑ 13, Iron oxidizing bacteria 0 ✓❑ 1 ❑ 2 3 ❑ 14. Leaf litter 1.5 1 0.5 0 ✓ 15. Sediment on plants or debris b 0.5 1 ✓ 1.5 16. Organic debris lines or piles 0 1 0.5 1 ✓ 1.5 El 17. Soil -based evidence of high water table? No = 0 LJ Yes = 3 ✓ C. Biology (Subtotal = 4 18. Fibrous roots in streambed 3 2 ❑ 1 0 ✓ 19. Rooted upland plants in streambed 3 ❑ 2 1 ❑ 0 ✓ 20, Macrobenthos (note diversity and abundance) 0 ❑✓ 1 ❑ 2 3 21. Aquatic Mollusks 0 ✓ 1 2 3 22. Fish 0 ✓ 0.5 LJ 1 1.5 23. Crayfish 0 ❑ 0.5 ❑✓ 1 M 1.5 LJ 24. Amphibians 0 LJ 5 ✓❑ 1 ❑ 1.5 25. Algae 0 LJ 1 0.5 1 ❑ 1.5 ✓ 26. Wetland plants in streambed FACW = 0,75. OBL = 1.5 other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Note& NWI shows a stream in this location, but the closest thing to a stream in this location is a roadside ditch that we believe is a Non -Jurisdictional Linear Feature. This feature does not appear on mapping, but we are including this form to provide evidence of it being considered a roadway/stormw ate r feature. Sketch: Bank Height (ft): 2-8 Bankfull width (ft): 2-3 Water depth (in): 0-10 Channel substrate - Clay, Silt, Sand, Gravel, Cobble, Bedrock Velocity - fast, moderate, slow, N/A - or Stagnant Clarity - clear, slightly turbid, turbid WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: NCDOT STIP BP10.R033 City/County: Anson Sampling Date: 10/10/2022 Applicant/Owner: NCDOT State: NC Sampling Point: WA, WB-Wet Investigator(s): Byron Levant&lTrevor Hall Section, Township, Range: Ansonville Landform (hillslope, terrace, etc): Floodplain and drainage slopes Local relief (concave, convex, none): concave Slope (%): 1-4 Subregion (LRR or MLRA): LRR P: MLRA 136 Lat: 35.059467 Long:-80.14578 Datum: NAD 83 Soil Map Unit Name: Chewacla loam, 0 to 2 percent slopes, frequently flooded NWI classification: PF01A (See Notes) Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation No Soil No or Hydrology No significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation No Soil No or Hydrology No naturally problematic? (If needed, explain any answers in Remarks.) SUIVIIVIAKY Ut- t-IIVUIIVli5-Attacn site map snowing sampling point locations, transects, Important features, etc. Hydrophytic Vegetation Present? Yes X No Hydric Soil Present? Yes X No Is the Sampled Area Wetland Hydrology Present? Yes X No within a Wetland? Yes X No Remarks: NCWAM Type: Bottomland Hardwood Forest. WA and WB have similar conditions and are therefore both represented by this form. Climate and wetland conditions are rather dry, but this is standard for this region in October. NWI classifies Cabin Branch as PF01A, and no associated wetlands outside of the main channel. We disagree with this and give Cabin Branch a perennial stream designation. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one required: check all that apply) Secondary Indicators (minimum of two required) _ Surface Water (Al) _ True Aquatic Plants (1314) _ Surface Soil Cracks (136) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Sparsely Vegetated Concave Surface (138) _ Saturation (A3) X Oxidized Rhizospheres on Living Roots (C3) X Drainage Patterns (1310) _ Water Marks (131) _ Presence of Reduced Iron (C4) _ Moss Trim Lines (1316) _ Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) Dry -Season Water Table (C2) _ Drift Deposits (133) _ Thin Muck Surface (C7) X Crayfish Burrows (C8) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) Saturation Visible on Aerial Imagery (C9) _ Iron Deposits (135) Stunted or Stressed Plants (D1) _ Inundation Visible on Aerial Imagery (137) X Geomorphic Position (D2) X Water -Stained Leaves (139) Shallow Aquitard (D3) _ Aquatic Fauna (1313) X Microtopographic Relief (D4) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): 0 Water Table Present? Yes No X Depth (inches): >12 Saturation Present? Yes No X Depth (inches): >12 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 ytht I A I IVIV (tour Jiraia) - use SCIenuTIC names Ol Tree Stratum (Plot size: 30ft radius ) 1. Carpinus caroliniana 2. Liquidambar styraciflua 3. Quercus lyrata 4. Pinus taeda 5. Fagus grandifolia 6. 7. 50% of total cover: 52 Sapling/Shrub Stratum (Plot size: 15ft radius ) 1. Liquidambar styraciflua 2. Lindera benzoin 3. Pinus taeda 4. 5. 6. 7. 8. 9. 50% of total cover: 20 Herb Stratum (Plot size: 5ft radius ) 1. Chasmanthium laxum 2. Juncus effusus 3. Chasmanthium latifolium 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 22 Woody Vine Stratum (Plot size: 30ft radius ) 1. Smilax rotundifolia 2. 3. 4. 5. 50% of total cover: 2 Remarks: (Include photo numbers here or on a separate sheet.) Absolute Dominant Indicator % Cover Species? Status 30 Yes FAC 30 Yes FAC 25 Yes OBL 15 No FAC 5 No FACU 105 = Total Cover 20% of total cover: 21 15 Yes FAC 15 Yes FAC 10 Yes FAC 40 = Total Cover 20% of total cover: 8 25 Yes FAC 10 Yes FACW 10 Yes FACU 45 = Total Cover 20% of total cover: 9 5 Yes FAC 5 = Total Cover 20% of total cover: 1 oampung r-oint: vvH, vves-vvet Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 9 (A) Total Number of Dominant Species Across All Strata: 10 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 90.0 (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = 0 FAC species x 3 = 0 FACU species x 4 = 0 U PL species x 5 = 0 Column Totals: (A) (B) Prevalence Index = B/A = 0.0 Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% _ 3 - Prevalence Index :53.0' _ 4 - Morphological Adaptations' (Provide supporting Problematic Hydrophytic Vegetation' (Explain ) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 JUIL oampiing roint: vvH, vvts-vvet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc' Texture Remarks 0-4 10YR 5/2 100 4-12 10YR 6/2 85 10YR 4/6 15 C PL,M Clay Loam 12-18 10YR 6/1 80 10YR 4/6 20 C PL,M Clay Loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 21-ocation: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) _ Thick Dark Surface (Al 2) _ Redox Depressions (F8) _ Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, MLRA 147,148) (LRR N, MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 'Indicators of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present. Stripped Matrix (S6) Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: NCDOT STIP BP10.R033 City/County: Anson Sampling Date: 10/10/2022 Applicant/Owner: NCDOT State: NC Sampling Point: WC -Wet Investigator(s): Byron Levant&lTrevor Hall Section, Township, Range: Ansonville Landform (hillslope, terrace, etc): Floodplain and drainage slopes Local relief (concave, convex, none): concave Slope (%): 1-4 Subregion (LRR or MLRA): LRR P: MLRA 136 Lat: 35.060104 Long:-80.145619 Datum: NAD 83 Soil Map Unit Name: Chewacla loam, 0 to 2 percent slopes, frequently flooded NWI classification: R4SBC (See Notes) Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUIVIIVIAKY Ut- t-IIVUIINIU5-Attacn site map snowing sampling point locations, transects, Important features, etc. Hydrophytic Vegetation Present? Yes X No Hydric Soil Present? Yes X No Is the Sampled Area Wetland Hydrology Present? Yes X No within a Wetland? Yes X No Remarks: NCWAM Type: Headwater Forest. There is an area noted as R4SBC in the National Wetlands Inventory (NWI). However, the roadside ditch that connects WC to Cabin Branch does not seem to have strong enough characteristics or hydrology to classify as a stream. An upland manmade pond and WC may contain much of the hydrology input that once supported a small stream. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one required: check all that apply) Secondary Indicators (minimum of two required) X Surface Water (Al) _ True Aquatic Plants (1314) _ Surface Soil Cracks (136) X High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Sparsely Vegetated Concave Surface (138) X Saturation (A3) X Oxidized Rhizospheres on Living Roots (C3) X Drainage Patterns (1310) _ Water Marks (131) _ Presence of Reduced Iron (C4) _ Moss Trim Lines (1316) _ Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) X Dry -Season Water Table (C2) _ Drift Deposits (133) _ Thin Muck Surface (C7) X Crayfish Burrows (C8) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Saturation Visible on Aerial Imagery (C9) _ Iron Deposits (135) _ Stunted or Stressed Plants (D1) _ Inundation Visible on Aerial Imagery (137) X Geomorphic Position (D2) X Water -Stained Leaves (139) _ Shallow Aquitard (D3) _ Aquatic Fauna (1313) X Microtopographic Relief (D4) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 3 Water Table Present? Yes X No Depth (inches): Surface Saturation Present? Yes X No Depth (inches): Surface Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 ytht I A I IVIV (tour Jiraia) - use SCIenuTIC names Ol Tree Stratum (Plot size: 30ft radius ) 1. Pinus taeda 2. Liquidambar styraciflua 3. Quercus lyrata 4. Pinus echinata 5. 6. 7. 50% of total cover: 47 Sapling/Shrub Stratum (Plot size: 15ft radius ) 1. Lindera benzoin 2. Sambucus nigra ssp. canadensis 3. Hibiscus moscheutos 4. 5. 6. 7. 8. 9. 50% of total cover: 15 Herb Stratum (Plot size: 5ft radius ) 1. Carex intumescens 2. Andropogon glomeratus 3. Juncus effusus 4. Mimulus ringens var. ringens 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 50 Woody Vine Stratum (Plot size: 30ft radius ) 1. Smilax rotundifolia 2. 3. 4. 5. 50% of total cover: 2 Remarks: (Include photo numbers here or on a separate sheet.) Absolute Dominant Indicator % Cover Species? Status 45 Yes FAC 35 Yes FAC 10 No OBL 5 No NI 95 = Total Cover 20% of total cover: 19 10 Yes FAC 10 Yes NI 10 Yes OBL 30 = Total Cover 20% of total cover: 6 40 Yes FACW 25 Yes FACW 25 Yes FACW 10 No NI 100 = Total Cover 20% of total cover: 5 Yes 5 = Total Cover 20% of total cover: 20 FAC oampung r-oint: vvk,-vvet Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 8 (A) Total Number of Dominant Species Across All Strata: 9 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 88.9 (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = 0 FAC species x 3 = 0 FACU species x 4 = 0 U PL species x 5 = 0 Column Totals: (A) (B) Prevalence Index = B/A = 0.0 Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% _ 3 - Prevalence Index :53.0' _ 4 - Morphological Adaptations' (Provide supporting Problematic Hydrophytic Vegetation' (Explain ) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: WC -Wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc' Texture Remarks 1-6 10YR 6/1 85 10YR 4/6 15 C PL,M Sndy Clay Lm 6-18 10YR 6/1 100 PL,M Sndy Clay Lm 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 'Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (1`19) _ Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) _ Thick Dark Surface (Al 2) _ Redox Depressions (F8) _ Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (1`12) (LRR N, MLRA 147,148) (LRR N, MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbric Surface (1`13) (MLRA 136, 122) 'Indicators of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Soils (1`19) (MLRA 148) wetland hydrology must be present. Stripped Matrix (S6) Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: NCDOT STIP BP10.R033 City/County: Anson Sampling Date: 10/10/2022 Applicant/Owner: NCDOT State: NC Sampling Point: WA -WC -Up Investigator(s): Byron Levant&lTrevor Hall Section, Township, Range: Ansonville Landform (hillslope, terrace, etc): Floodplain and drainage slopes Local relief (concave, convex, none): convex Slope (%): 1-4 Subregion (LRR or MLRA): LRR P: MLRA 136 Lat: 35.05893 Long:-80.146128 Datum: NAD 83 Soil Map Unit Name: Chewacla loam, 0 to 2 percent slopes, frequently flooded NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUIVIIVIAKY Ut- t-IIVUIINIU5-Attacn site map snowing sampling point locations, transects, Important features, etc. Hydrophytic Vegetation Present? Yes X No Hydric Soil Present? Yes No X Is the Sampled Area Wetland Hydrology Present? Yes No X within a Wetland? Yes No X Remarks: Wetlands WA, WB, and WC share similar geographic location and characteristics, so are all represented by this upland form. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one required: check all that apply) Secondary Indicators (minimum of two required) _ Surface Water (Al) _ True Aquatic Plants (1314) _ Surface Soil Cracks (136) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Sparsely Vegetated Concave Surface (138) _ Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Drainage Patterns (1310) _ Water Marks (131) _ Presence of Reduced Iron (C4) _ Moss Trim Lines (1316) _ Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) _ Dry -Season Water Table (C2) _ Drift Deposits (133) _ Thin Muck Surface (C7) _ Crayfish Burrows (C8) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Saturation Visible on Aerial Imagery (C9) _ Iron Deposits (135) _ Stunted or Stressed Plants (D1) _ Inundation Visible on Aerial Imagery (137) _ Geomorphic Position (D2) _ Water -Stained Leaves (139) _ Shallow Aquitard (D3) _ Aquatic Fauna (1313) _ Microtopographic Relief (D4) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): 0 Water Table Present? Yes No X Depth (inches): >12 Saturation Present? Yes No X Depth (inches): >12 Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Vtht I A I IVIV (tour Jirata) - use SCIenuTIC names Ot plants. oampung roini: vvH-vvk,-up Dominance Test worksheet: Number of Dominant Species Absolute Dominant Indicator That Are OBL, FACW, or FAC: 4 (A) Tree Stratum (Plot size: 30ft radius ) % Cover Species? Status 1. Pinus taeda 45 Yes FAC Total Number of Dominant Species Across All Strata: 7 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 57.1 (A/B) 2. Pinus echinata 20 Yes N I 3. Quercus alba 15 No FACU 4. Fagus grandifolia 15 No FACU 5. Liquidambarstyraciflua 15 No FAC 6. Prevalence Index worksheet: Total % Cover of: Multiply by: 7 110 = Total Cover 50% of total cover: 55 20% of total cover: 22 OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15ft radius ) FACW species x 2 = 0 1. Fagus grandifolia 15 Yes FACU FAC species x 3 = 0 FACU species x 4 = 0 U PL species x 5= 0 Column Totals: (A) (B) Prevalence Index = B/A = 0.0 2. Pinus taeda 10 Yes FAC 3 4 5. 6 7. Hydrophytic Vegetation Indicators: 8 1 - Rapid Test for Hydrophytic Vegetation 9. - X 2 - Dominance Test is >50% - 25 = Total Cover 3 - Prevalence Index :53.01 50% of total cover: 12 20% of total cover: 5 - 4 -Morphological Adaptations' (Provide supporting Herb Stratum (Plot size: 5ft radius ) - Problematic Hydrophytic Vegetation' (Explain ) 1. Chasmanthium laxum 30 Yes FAC - 'Indicators of hydric soil and wetland hydrology must 2. Danthoniaspicata 15 Yes NI 3. be present, unless disturbed or problematic. 4. 5. Definitions of Four Vegetation Strata Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) 6. 7. 8. g 10. 11. 45 = Total Cover 50% of total cover: 22 20% of total cover: 9 tall. Woody Vine Stratum (Plot size: 30ft radius ) 1. Bignonia capreolata 5 Yes FAC Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. 2. 3. 4. 5. 5 = Total Cover Hydrophytic 50% of total cover: 2 20% of total cover: 1 Vegetation Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 JVIL oaniPuny r�u u. vvn-vv�.-�P Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc' Texture Remarks 0-10 10YR 5/4 100 Clay Loam 10-18 10YR 6/4 100 Clay Loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 'Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) _ Thick Dark Surface (Al 2) _ Redox Depressions (F8) _ Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, MLRA 147,148) (LRR N, MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 'Indicators of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present. Stripped Matrix (S6) Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Appendix C Preliminary ORM Data Sheet JD Request Form PJD Form Waters Upload Sheet Preliminary ORM Data Entry Fields for New Actions SAW — 202 3 - BEGIN DATE [Received Date]: Prepare file folder ❑ ❑ I. Project Name [PCN Form A2a]: NCDOT Project No. BP10.R033 2. Work Type: Private ❑ Institutional ❑ Government FEW Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: Proposed Replacement of Bridge No. 030231 on SR 1637 (Jacks Branch Road) over Cabin Branch 4. Property Owner / Applicant [PCN Form A3 or A4]: NCDOT 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: James Mason- Three Oaks Eng. 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.05922,-80.145576 8. Project Location - Tax Parcel ID [PCN Form 131a]: Multiple 9. Project Location — County [PCN Form A2b]: Anson 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Wadesboro 11. Project Information — Nearest Waterbody [PCN Form 132a]: Cabin Branch 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040104 Authorization: Section 10 ❑ Section 404 ❑E Section 10 & 404 ❑ Regulatory Action Type: ❑Standard Permit Nationwide Permit # ❑ Regional General Permit # 0 Jurisdictional Determination Request R Pre-Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required ZT410-To 9% urisdictional Determination Reauest EIS Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.g my.mil/Missions/Re ul�atoiyPermitProgram/Contact/Coun!yLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: Multiple Parcels City, State: County: Wadesboro, NC Anson Parcel Index Number(s) (PIN): Multiple PIN No.'s B. REQUESTOR INFORMATION Name: Joel Howard, NCDOT Division 10 PDEA Engineer Mailing Address: 716 W Main Street Albemarle, NC 28001 Telephone Number: (704) 983-4400 Electronic Mail Address: jmhoward@ncdot.gov Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultanti Interested Buyer or Under Contract to Purchase Other, please explain. NCDOT Project C. PROPERTY OWNER INFORMATION Name: Multiple Property Owners Mailing Address: Multiple Addresses Wadesboro, NC 28170 Telephone Number: Multiple Electronic Mail Address: Multiple 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: ❑ Owner ❑ Authorized Agents Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. 0 I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ZI am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the I I review area. ✓❑ Size of Property or Review Area 9.7 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.05922 Longitude:-80.145576 zA legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatoiy-Permit- Pro gram/Juri sdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Forma W1 Vicinity Map zAerial Photograph z USGS Topographic Map Soil Survey Map zOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets 7 NC Division of Water Resources Stream Identification Forms �J Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02 App A Prelim JD_ Form_fillable.pdf s Please see http://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Joel Howard, 716 W. Main Street, Albemarle, NC 28001 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Anson City: Wadesboro Center coordinates of site (lat/long in degree decimal format): Lat.: 35.05922 Long.:-80.145576 Universal Transverse Mercator: 17 Name of nearest waterbody: Cabin Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) See Attached List 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Vicinity Map, Topo Map, Aerial Map, LiDAR Map 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ■❑ ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: 1-24,000 1970 Polkton, NC ■❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: El ■❑ 100-year Floodplain Elevation is: Photographs: ■❑ Aerial (Name & Date): or ❑ Other (Name & Date): 2005 Anson County Soil Survey .(National Geodetic Vertical Datum of 1929) NCOneMap Orthoimagery ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD r. -�-- w` 02/27/2023 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. State owardin_Code Cabin Branch NORTH CAROLINA RSUB HGM_Code RIVERINE eas_Type Linear Amount 756 Units FOOT Waters_Type DELINEATE _Latitude 35.05961300 Longitude Local Waterway -80.14565500 Cabin Branch WA NORTH CAROLINA PFO RIVERINE Area 0.55 ACRE DELINEATE 35.05945200 -80.14620600 Cabin Branch WB NORTH CAROLINA PFO RIVERINE Area 0.39 ACRE DELINEATE 35.05946700 -80.14547800 Cabin Branch WC NORTH CAROLINA PFO RIVERINE Area 0.1 ACRE DELINEATE 35.06010400 -80.14561900 Cabin Branch WBS# BP10.R033 Section 106 Coordination Project Tracking No. (Internal Use 21-11-0022 r� HISTORIC ARCHITECTURE AND LANDSCAPES NO SURVEY REQUIRED FORM This form only pertains to Historic Architecture and Landscapes for this project. It - is not valid for Archaeological Resources. You must consult separately with the Archaeology Group. PROJECT INFORMATION Project No: BP10-R033 County: Anson WBSNo.: BP10.R033 Document T e: Fed Aid No: Funding: X State Federal Federal Permit(s): X Yes No Permit I Type(s) USACE Project Description: Replace Bridge No. 231 on SR 1637 (Jack's Branch Road) over Cabin Creek (no off -site detour specified in review request). SUMMARY OF HISTORIC ARCHITECTURE AND LANDSCAPES REVIEW DESCRIPTION OF REVIEWACTIVITIES, RESULTS, AND CONCLUSIONS: HPOWeb reviewed on 13 December 2021 and yielded no NR, SL, SS, LD, or DE properties in the Area of Potential Effects (APE). Anson County current GIS mapping, aerial photography, and tax information indicated a wooded APE with no above -ground resources apart from the existing bridge (viewed 13 December 2021). Bridge No. 231, built in 1951, is not eligible for listing in the National Register according to the NCDOT Historic Bridge Inventory as it is neither aesthetically nor technologically significant. Google Maps "Street View" confirmed the absence of critical architectural and landscape resources in the APE (viewed 13 December 2021). No architectural survey is required for the project as currently defined. WHY THE AVAILABLE INFORMATION PROVIDES A RELIABLE BASIS FOR REASONABLY PREDICTING THAT THERE ARE NO UNIDENTIFIED SIGNIFICANT HISTORICARCHITECTURAL OR LANDSCAPE RESOURCES IN THEPROJECTAREA: APE extends 500 feet from either end of the existing bridge (N-S) and 100 feet to either side of the SR 1637 (Jack's Branch Road) centerline (see attached). Comprehensive county architectural survey (1981) and later studies recorded no properties in the APE. County GIS/tax materials and other visuals support the absence of significant architectural and landscape resources. No National Register -listed or -eligible properties are located within the APE. Should the design or permitting of the project change, please notify NCDOT Historic Architecture as additional review may be necessary. SUPPORT DOCUMENTATION X Map(s) ❑Previous Survey Info. ❑Photos ❑Correspondence ❑Design Plans FINDING BY NCDOT ARCHITECTURAL HISTORIAN Historic Architecture and Landscapes -- NO SURVEY REQUIRED 14 December 2021 NCDOT Architectural Historian Date Historic Architecture and Landscapes NO SURVEY REQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement. An rlPa t N Project Location 0 SR 1637—Jack's Sranch Road it '•w BP10-R033 Bridge No. 231 Replacement Anson County WB5 No. BP10.R033 Base r,nap: HPOWeb, nts NCDOT — HistoricAn, hiterture December 2021 PA Tracking No. 21-11-0022 Historic Architecture and Landscapes NO SURVEYREQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement. BP10.R033 Jack's Branch Rd study area 100 100 00 500 j' ,b ` 31 S Total study area: 1000 ft length x 200 ft width from C'L structure 500 500 100 100 l 111912021, 1:37:26 PM 1-.2.257 Override t Signs Pedestrian Bridge 0 0.D7 0,03 0.06 mi Other Structwes Cantilever Sign Tunnel 0 0.03 0.05 DA km Ferry FLamP �" Overhead Sign Railroad Bridge V Pavement an Piles T-Pole Sign © CONed Private Structure Pedestrian Srructures Large Pipe NC:,07 CAS Un4 E- C--.Ml W.F.Carm6�ra. Sore cifNen6 ® Vehicular Underpass F'� ! Pedestrian Walkway Berge Structures CuCOT. C C*e Sip. Afovrch. EsrL HERE. Cm . Giv =a%e4apF. INN RE.FM P. mETLHAS& UWA ERA NPS, us, C— FJ Pedestrian Underpass it Bridge &J . L.Mk_ Swwcrs: Eai, Art— DS. UMNG& PPS& CGFAfL N NODOT G NCE= m1e Historic Architecture and Landscapes NO SURVEYREQUIRED form for Minor Transportation Projects as Qualified in the 2007 Programmatic Agreement. Froject backing IYQ. F21-11-0022 s r° Q ..... G N G ARCHAEOLOGICAL SURVEY REQUIRED FORM _ This form only pertains to ARCHAEOLOGICAL RESOURCES far this Y F ' project. It is not valid for Historic Architecture and Landscapes. You must consult separately with the Historic Architecture and Landscapes Team. Yr W , IM 0 10-141 ►Ti► VW molk Project No: BP10-RO33 County: Anson WBSNo: 131`10.1033.1 Document: MCC Federal Aid No: Funding: ® State ❑ Federal Federal Permit Required? ® Yes ❑ No Permit Type: N W P 31 N W P 14 Project Description: The project involves the replacement of Bridge 231 over Cabin Creek on SR 1637 (Jack's Branch Road) in Anson County, North Carolina. The archaeological APE measures approximately 1,000ft in length (500ft from each bridge end point) by 200ft in width (100ft from each side of the SR 1637 center line). SUMMARY OF CULTURAL RESOURCES REVIEW Permitting and funding information was reviewed for determining the level of archaeological input required by state and federal laws. Based on the submitted "request for cultural resources review" form, the project is state funded with federal permit interaction. As such, Section 106 of the National Historic Preservation Act will apply and the United States Army Corps of Engineers (USAGE) will serve as the lead federal agency. Next, construction design and other data was examined (when applicable) to define the character and extent of potential impacts to the ground surfaces embracing the project locale. The archaeological APE encompasses all areas of potential ground disturbing activity. Once an APE was outlined, a map review and site file search was conducted utilizing on-line resources provided to the NCDOT by the Office of State Archaeology (OSA) on Monday, November 29, 2021. No NRHP eligible archaeological sites or any other archaeological resources are located within the APE or directly adjacent. Numerous archaeological resources have been documented in the general vicinity, raising the potential for similar sites to be contained within the APE. Examination of National Register of Historic Places (NRHP), State Study Listed (SL), Locally Designated (LD), Determined Eligible (DE), and Surveyed Site (SS) properties employing resources available on the NCSHPO website is important in establishing the location of noteworthy historic occupations related to a perspective construction impact area. A cross-check of these mapped resources concluded that none of the above properties with potential contributing archaeological components are situated within the APE. In addition, historic maps of Anson County were appraised to identify former structure locations, land use patterns, cemeteries, or other confirmation of historic occupation in the project vicinity. Archaeological/historical reference materials were inspected as well. In general, the cultural background review established that no previously recorded archaeological sites, cemeteries, or NRHP properties with potential archaeological components are located within the APE. Based on cultural -historical factors, the APE is considered to have a low to moderate potential for the documentation of archaeological resources. 2020 PROGRAMMATIC AGRFF.MGNT ARCHAEOLOGY TEAM "NO AACHALOLOGICAL SL1RkEY RFQ[IIRFD` FORM fU2 Project Tracking No. 21-11-0022 Further, topographic, geologic, flood boundary, and NRCS soil survey maps (ChA, BaB, CrB) were referenced to evaluate pedeoiogical, geomorphological, hydrological, and other environmental determinants that may have resulted in past occupation at this location. Aerial and on -ground photographs (NCDOT Spatial Data Viewer) and the Google Street View map application (when amenable) were also examined/utilized for additional assessment of disturbances, both natural and human induced, which compromise the integrity of archaeological sites. Environmental/impact factors do not suggest a heightened potential for archaeological resource recovery. (This project falls within a North Carolina County in which the following federally recognized tribes have expressed an interest: Catawba Nation. We recommend that you ensure that this documentation is forwarded to these tribes using the process described in the current NCDOT Tribal Protocol and PA Procedures Manual.) Brief Explanation of why the available information provides u reliable basis far reasonably predicting that there are no unidentified historic properties in the APE: There are no existing NRHP eligible archaeological sites within the projects APE, and it is unlikely to contain significant, intact, and preserved archaeological deposits. Quite a proportion of the APE land surfaces are comprised of wet, frequently flooded soils. In addition, a disturbed power -line corridor trends through the two southern project quadrants, while the disturbed SR 1637 right of way is present throughout the project area. As currently proposed as a state funded project with federal permit interaction, no further consultation is advocated. A finding of "no archaeological survey required" is considered appropriate. SUPPORT DOCUMENTATION See attached: ® Map(s) ❑ Previous Survey Info ❑ Photos ❑Correspondence Other: FINDING BY NCDOT ARCHAEOLOGIST: NO ARCHAEOLOGY SUR VEYEWUIRED Scott Halvorsen NCDOT ARCHAEOLOGIST II Date 11 /29/2021 2020 PROGRAMMATIC AGREEMENT ARCHAEOLOGY TEAA4 "NO ARCHAGOLOGIC,4L SURVEY REQUIRFD 11 POW 2 of 2 JO I�l j� S�aur -62 NRCrar I Esri{TI I+ '� GI SU.s E)-artt`st n E A'r,i Japan, M€-1I, Esri Cpina {Hor rn'dNG; C, C� OpenStreetMa `Commun:t',�, Sorce: Efsri, D'igita Geograpj'cs, CNESIAirbs If]S,41 7, IGN and theIS UserlCammu Portion of the Polkton topographic map illustrating the location and boundaries of the archaeological Area of Potential Effects (APE) in Anson County, North Carolina. BP10.R033 Jack's Branch Rd study area 111912021, 1:37:26 PM — Override 1 Signs Other Structures �.. Cantilever Sign Ferry Ramp Overhead Sign ® Pavement on Piles T T-Pole Sign Private Structure Pedestrian Structures Vehicular Underpass F] Pedestrian Walkway FJ Pedestrian Underpass 1:2,257 0 0.01 OM O.06 mi ® Pedestrian Bridge Tunnel 0 0.03 0.05 0,1 km Railroad Bridge Culvert Large Pipe Ncoor GIs Unit, Esri Community Maps Contributors, State a} North Carolira DOT, 0 OpenStreetMap, Microsoft, Esri, HERE, Garmin, Bridge Structures SateGraph, INCREMENT P, M£TUNASA, USGS, EPA, NPS, US Census ]t Bridge Bureau, USDA. Sources Esr1, Airbus DS, USGS, NGA, NASA, CGIAR, N NCOOT NGDOT 2018 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR May 10, 2024 Dr. Wenonah Haire Catawba Indian Nation Eastern Tribal Historic Preservation Office 1536 Tom Steven Road Rock Hill, SC 29730 Dear Dr. Haire, J.R. "JOEY" HOPKINS SECRETARY The North Carolina Department of Transportation is starting the project development, environmental, and engineering studies for the replacement of Bridge No. 231 on SR 1637 (Jack's Branch Road) over the Cabin Branch in Anson County as project BP10-R033. The US Army Corps of Engineers (USACE) is the lead federal agency, 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 35.0597277,-80.14576414. 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 National Environmental Policy Act (NEPA) or 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 June 10, 2024 so that your comments can be used in the scoping of this project. If you have any questions concerning this project, or would like any additional information, please contact me at ext-lgha, wood(Lncdot.gov or (980) 944-2290 or Yanny Ma, Division 10 Bridge Program Manager at Ma(Lncdot.gov or (980) 262-6298. Thank you, Yanwei Ma, PE Yanwei Ma, PE 2024.05.10 09:45:17-04'00' Yanwei(Yanny) Ma, PE NCDOT Division 10 — Division 10 Bridge Program Manager cc: Matt Wilkerson, NCDOT Archaeology Team Garland Haywood, NCDOT Bridge Project Manager Joel Howard, PDEA Engineer Stephen Brumagin, Army Corp of Engineers Mailing Address: NC DEPARTMENT OF TRANSPORTATION STRUCTURES MANAGEMENT UNIT 1581 MAIL SERVICE CENTER RALEIGH, NC 27699-1581 Telephone: (704) 983-4400 Fax: (704) 982-3146 Wehsile: www.nedot.gov Location: 716 W. MAIN ST. ALBEMARLE, NC 29001 -DFN V❑%UDQFK❑5G❑$QVRQ❑❑❑❑ el Aye ap OW❑CBHUQ 115G 5HG❑+LOO❑OW110H 4� " 0D4WLQ115G Pvttr 5z /HQJWK ❑❑ OHV -DFN V❑%UDQFK115G Wfnr�!# Brawn Creek SR-1431 q it �e Church Rd ❑❑❑❑❑❑❑❑❑❑❑❑❑ ❑❑ ❑❑❑$ 0 ❑ ❑❑❑❑❑❑ 2YHUULGH--6LJQV [s 3HGHVWULDQ-0/oULGJH 2YHUULGH-- T-' &DQWLOHYHU- .JJqQQHO - --- --- DDONP 2WKHUE6WUXFWX'7H2/YHUKHDG-6LJIE 5DLOURDG-0/oULGJH )HUU\-5DPS 7-3ROH-6LJQ &XOYHUW 3DYHPHQWER(�FtCt[61�i\;VULDQ-6WU�"F/\8(6YOl�LSH 1&'27E`,6DBQLW00(VULOL1$6$OL1•$oC66*60E)(0$DosWDWHORI '2700(VUL00+(5(00'DUPLQDO6DIH-UDSK00,1&5(0(1703001 L•J 3ULYDWH06WUkFWV-N LkWULDQ o/Pq-%ZJq{\E6WUXFWXUHV 66*600(3$OQ13601IB6E&HQVXVEP/oXUHDX0iiB6'$ 9HKLFXODUEB(U. Akj§bVV/ULDQ-&t)c�/oHiLL%Q)/v 1&'27 k Ql & ' 2 7 00000 WBS# BP10.R033 Threatened and Endangered Species Bat Survey Project Questionnaire for BP10.R033 (TIP ) Questionnaire: Existing Structure: Can the existing bridge/culvert be removed during the winter months October 16 - March 14 ? We will not be able to control the contractor's construction means and methods, however, the availability date for the contract is October 14, 2024 and its reasonable to anticipate the existing bridge deck will be removed during the winter months. Trees: Can the trees in the project footprint be cut during the winter months November 16 - March 14 ? The trees can be cleared during the winter months. Blasting: Will blastinq be used for thisproject? If so, will it occur between March 15 and November 15? There will be no blasting happening on this project. Percussive Activities: What type of percussive activities will occur? (e.g., pile driving, guardrail installation Pile Driving and Guardrail installation. Lighting: Will temporary lighting for nighttime construction be necessary between March 15 and November 15? Does permanent lighting exist in the project area, and if so, will it be removed, or will new lighting be added due to theproject? Temporary lights might be used during the construction activities an during this time period, there is no permanent lighting to be installed in the project area. QPP�MgNT OF FISH & U.S. LDLIFE SERVICE us United States Department of the Interior o ' FISH AND WILDLIFE SERVICE Asheville Field Office,,�ro�' 160 Zillicoa Street Suite B Asheville, North Carolina 28801 December 5, 2022 Donald Pope Division 10 Bridge Project Manager North Carolina Department of Transportation 716 West Main Street Albemarle, North Carolina 28001 Subject: Scoping Request for Bridge 231 Replacement on SR 1637 (Jacks Branch Road) over Cabin Branch, Anson County, North Carolina (WBS BP10.R033.1, Service Log 923-210) Dear Donald Pope: On November 22, 2022, we received your letter requesting our comments on the subject project. We have reviewed the information that you presented, and the following comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.) (NEPA); the Migratory Bird Treaty Act (META), as amended (16 U.S.C. 703); Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d)(BGEPA); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661 - 667e); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 - 1543) (Act). Proiect Description According to the information provided, the North Carolina Department of Transportation (NCDOT) Division 10 is starting project development and environmental and engineering studies for the replacement of Bridge 231 over Cabin Branch on SR 1637. The project is included in the Transportation Improvement Program and is currently scheduled for right-of-way acquisition in fiscal year 2023 and let in fiscal year 2024. You have requested information helpful for evaluating the potential environmental impacts of your project. NCDOT will replace the existing one -lane bridge with a new bridge which will be about 28 feet wide with 42-inch vertical concrete barriers on either side. The improved roadway will be 26 feet wide. NCDOT completed preliminary plans for the project in August 2022. The project may be state funded but will require Clean Water Act section 404/401 permits from the U.S. Army Corps of Engineers and the North Carolina Division of Water Resources (respectively). NCDOT identified three wetlands during on -site surveys in addition to Cabin Branch. Federally Listed Species The proposed project is in an area that has potential or known occurrence records of species with federal designations. Below is a list of species which should be considered. Common Nam Scientific Name 1111V Federal Status' Carolina heelsplitter Lasmigona decorata E Georgia aster Symphyotrichum georgianum CCA Monarch butterfly Danaus plexippus CAN Red -cockaded woodpecker* Picoides borealis E Robust redhorse Moxostoma robustum ARS Schweinitz's sunflower Helianthus schweinitzii E Tricolored bat Perimyotis subflavus PE 'E = endangered species, PE = proposed endangered, CAN = candidate species, CCA = not federally listed but has a Candidate Conservation Agreement, ARS = at -risk species, * = Historic For species listed as having a historic record in the area, suitable habitat and species surveys are not recommended unless the project occurs on or very close to the historic record. The study area is about 3 miles from historic records for the red -cockaded woodpecker. In accordance with section 7 (a)(2) of the Act and 50 CFR Part 402.01, before any federal authorization/permits or funding can be issued for this project, it is the responsibility of the appropriate federal regulatory/permitting and/or funding agency(ies) to determine whether the project may affect any federally endangered or threatened species (listed species) or designated critical habitat. If it is determined that this project may affect any listed species or designated critical habitat, the lead federal agency or their designated non-federal representative must initiate section 7 consultation with this office. To determine whether a project may affect listed species, we first recommend surveying the action area for suitable habitat for the above species prior to any on -the -ground activities. The action area includes all areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action (50 CFR 402.02). The placement of new or the relocation of existing utility lines, if it would not occur but for the proposed project and is reasonably certain to occur (50 CFR 402.02, 50 CFR 402.17), should be included in the action area. Suitable habitat surveys can be done any time of year. In the event suitable habitat is present for any species, we recommend that the proponent conduct species - specific surveys during the appropriate timeframe to ensure that no populations of rare species are inadvertently affected by the proposed project. If surveys are not performed, you may assume presence of the species and consult with us under section 7(a)(2) of the Act. Information on optimal botanical survey windows can be found here: https://www.fws. ovg /story/2022- 03/north-carolinas-federally-threatened-endangered-and-risk-plant-species. Active season bat surveys, if conducted, should occur between May 15 and August 15. As a reminder, those completing animal surveys must have a section 10(a)(1)(A) permit from the U.S. Fish and Wildlife Service (Service) or be conducting surveys with a permitted individual/agency, if there is a chance that animals will be captured and handled. A condition of the permit is to coordinate with the Service at least 15 days prior to surveys. Guidance on conducting surveys for bats in suitable tree roosting, foraging, and commuting habitat can be found here: https://www.fws.gov/library/collections/range-wide-indiana-bat-and-northern-long-eared-bat- survey-guidelines. These guidelines are designed to determine whether northern long-eared bats and Indiana bats are present or absent at a given site during the summer (May 15 to August 15). NCDOT can use the guidelines to survey for tricolored bat following the highest level of effort presented in the document. The Service updates this guidance annually and will include tricolored bats in the future. The Asheville Ecological Services Field Office does not have guidance for conducting bat surveys in suitable structural roosts though endorses a training created jointly by the Service and the Federal Highways Administration (htt2s://www.youtube.com/watch?v=iuFwkT7g8Ws) that maybe a helpful resource. If the project may impact bats, we recommend that experienced biologists conduct surveys of suitable structural roosts within two years of construction. Bats can roost in many kinds of man-made structures including buildings, bridges, and culverts. 2 Because Schweinitz's sunflower and Carolina heelsplitter are known to occur in the area, these species should be considered in any biological evaluation and/or biological assessment (BE/BA) prepared for this project. A review of the project area reveals existing records of Schweinitz's sunflower about 6.7 miles from the study area. Guidance on what is included in a complete BE/BA can be found at https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-proce ss- overview. The proposed project is within the Lower Browns Creek 12-digit HUC watershed. While Carolina heelsplitter is not known from this watershed, past surveys found other native mussels in Cabin Branch and suitable habitat. The Lower Browns Creek watershed associated with this project is under surveyed for listed mussels and is occupied by associate species. Therefore, we recommend surveys for Carolina heelsplitter within Cabin Branch. In Anson County, construction and post -construction sediment and stormwater control designs and inspection and maintenance activities play an important role in protecting suitable habitat for Carolina heelsplitter and other native mussels. We recommend construction sediment and erosion control measures consistent with Design Standards in Sensitive Watersheds [ISA NCAC 04B. 0124 (b) — (e)J and stormwater control measures that go beyond outlet protection and limit run-off rates and quantity and improve quality. These measures and associated inspection and maintenance activities may affect Carolina heelsplitter and their habitat and should be considered in any BE/BA prepared for this project. We also recommend that the project reduce any planned increase in impervious surface that is not needed to meet the purpose and need of the project. Element occurrence records for tricolored bat are located within 3.8 miles of the study area near Brown Creek. On September 14, 2022, the Service published a proposal in the Federal Register to list the tricolored bat (Perimyotis subflavus) as endangered under the Act. The Service has up to 12-months from the date the proposal published to make a final determination, either to list the tricolored bat under the Act or to withdraw the proposal. The Service determined the bat faces extinction primarily due to the range - wide impacts of white -nose syndrome (WNS), a deadly fungal disease affecting cave -dwelling bats across North America. Because tricolored bat populations have been greatly reduced due to WNS, surviving bat populations are now more vulnerable to other stressors such as human disturbance and habitat loss. Species proposed for listing are not afforded protection under the Act; however, as soon as a listing becomes effective (typically 30 days after publication of the final rule in the Federal Register), the prohibitions against jeopardizing its continued existence and "take" will apply. Therefore, if you suspect your future or existing project may affect tricolored bats after the potential new listing goes into effect, we recommend analyzing possible effects of the project on tricolored bats and their habitat to determine whether consultation under section 7 of the Act is necessary. Conferencing procedures can be followed prior to listing to ensure the project does not jeopardize the existence of a species or adversely modify critical habitat. Projects with an existing section 7 biological opinion may require reinitiation of consultation to provide uninterrupted authorization for covered activities. Contact your section 7 contact in the Asheville Ecological Services Field Office for assistance. Robust redhorse is an at -risk species and monarch butterfly is a candidate species. At -risk and candidate species are not legally protected under the Act and are not subject to any of its provisions, including section 7, unless they are formally proposed or listed as endangered or threatened. We will be making listing determinations on these species in the future. While lead federal agencies are not prohibited from jeopardizing the continued existence of an at -risk or candidate species unless the species becomes listed, the prohibition against jeopardy and taking a listed species under section 9 of the Act applies as soon as a listing becomes effective, regardless of the stage of completion of the proposed action. We include this notification to make you aware of these species' current status and potential occurrence in the action area. Finally, in September 2014, the Service determined that Georgia aster did not warrant listing; therefore, the species is not subject to section 7 consultation. However, we would appreciate consideration of Georgia aster when evaluating the action area for impacts to federally listed species and their habitats. The species is the subject of a Candidate Conservation Agreement which binds signatories to monitoring and management guidelines. Currently, the NCDOT is not a signatory to this agreement; however, the recommendations can be provided should NCDOT like to implement them in the future. Migratory Birds and Eagles The MBTA implements four treaties that provide for the international protection of migratory birds. The MBTA prohibits taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests, except when specifically authorized by the Department of the Interior. Bald and golden eagles are afforded additional legal protection under the BGEPA. For many industries and activities, the Service has developed activity -specific guidance found at the following website: https:llwww.fws.gov/birds/mana e�/project-assessment-tools-and-guidance.phR. These guidance documents are designed to help industry and project developers implement measures to reduce activity -specific impacts to migratory birds. These documents provide important background on the applicable laws and policies, helping clarify standards and expectations and/or offering suggested best practices to avoid or minimize negative impacts to birds. In general, to avoid impacts to migratory birds, we recommend conducting a visual inspection of structures to be demolished or maintained and other migratory bird nesting habitat within the work area during the migratory bird nesting season of March through September. If migratory birds are discovered nesting in the work area, including an existing structure, impacts to the occupied nests should be avoided. If birds are discovered nesting on or in a structure in the years prior to a proposed construction date, the project proponent, in consultation with us, should develop measures to discourage birds from establishing nests by means that will not result in the take of the birds or eggs. Fish and Wildlife Resource Recommendations We are also concerned about the potential effects the project could have on other natural resources within and surrounding the proposed project location. We offer the following general recommendations for the benefit of fish and wildlife resources: • Bat Conservation. To protect tricolored bat, we recommend the following conservation measures. o If suitable roosting trees are present at the site and will be impacted, we recommend either tree removal in the winter (October 16 through March 31) or a roost emergence survey of any suitable roost trees one day prior to removal in accordance with the Range - wide Indiana Bat and NLEB Survey Guidelines (Appendix E; hllps://www.fws. gov/library/collections/range-wide-indiana-bat-and-northern-long-eared- bat-survey-guidelines.). o Verify the absence of bats and signs of bat use on bridges, buildings, and culverts within 15 days of construction and/or demolition activities year-round. o If suitable roosting structures (e.g., bridges, culverts) are present at the site and will be impacted, we recommend conducting work on them in the winter, outside the bat active season for the target species. o Avoid night work completely or reduce night work to the maximum extent practicable. o Avoid addition of new lighting. Avoid the modification of existing lighting in ways that make it brighter or allow it to reach farther into nearby natural habitats. We encourage the removal of all existing permanent lighting where it is not needed for safety. Additional lighting conservation measures are available if lighting cannot be avoided. Erosion and Sedimentation Control. Construction activities near aquatic resources, streams, and wetlands have the potential to cause bank destabilization, water pollution, and water quality 4 degradation if measures to control site runoff are not properly installed and maintained. In order to effectively reduce erosion and sedimentation impacts, best management practices specific to the extent and type of construction should be designed and installed prior to land disturbing activities and should be maintained throughout construction. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persists in the environment beyond its intended purpose. Land disturbance should be limited to what can be stabilized quickly, preferably by the end of the workday. Once construction is complete, disturbed areas should be revegetated with native riparian grass and tree species as soon as possible. For maximum benefits to water quality and bank stabilization, riparian areas should be forested; however, if the areas are maintained in grass, they should not be mowed. The Service can provide information on potential sources of plant material upon request. o A complete North Carolina Department of Transportation specific design manual, which provides extensive details and procedures for developing site specific plans to control erosion and sediment and is consistent with the requirements of the North Carolina Sedimentation and Pollution Control Act and Administrative Rules, is available at: https: //connect. ncdot. gov/resources/roadside/SoilWaterpocuments/Erosion%20and%20S ediment%20Control%2ODesI n%20andYo2OConstruction%2OManuaLpdf. Post -Construction Stormwater Management. Stormwater runoff is generated from rain and snowmelt that flows over land or impervious surfaces (e.g., paved streets, parking lots, roofs) and does not soak into the ground'. Studies2 show that areas of 10 to 20 percent impervious surface double the amount of Stormwater runoff compared to natural vegetative cover and decreases deep infiltration (groundwater recharge) by 16 percent. At 35 to 50 percent impervious surface, runoff triples, and deep infiltration is decreased by 40 percent. Stormwater runoff collects pathogens, metals, sediment, and chemical pollutants and quickly transmits them to receiving waters. Some stormwater runoff from roads and highways is considered nonpoint source pollution. Nonpoint source pollution is one of the major threats to water quality in the U.S.3, poses risks to aquatic life 4, and is linked to chronic and acute illnesses in humans5. Increased stormwater runoff also causes streambank and stream channel scouring, directly damaging aquatic and riparian habitat. Impervious surfaces reduce groundwater recharge, resulting in lower -than -expected stream flows during drought periods, which can induce potentially catastrophic effects for fish, mussels, and other aquatic life. Use of stormwater control measures (SCMs) will decrease the quantity and increase the quality of stormwater runoff. We have the following recommendations: o All roadway projects should implement Stormwater retention and treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition. o Use low impact development techniques,6 such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas for retaining and treating Stormwater runoff rather than more traditional measures (e.g., retention ponds). These designs often cost less and reduce the environmental impacts of development. o Where detention ponds are used, stormwater outlets should drain through a vegetated area prior to reaching any natural stream or wetland. Detention ponds should be designed 'https://www. epa. gov/sourcewateMrotection/urbanization-and-storm-water-runoff 2Federal Interagency Stream Restoration Working Group. (2001). Stream Corridor Restoration: Principles, Processes, and Practices. GPO Item No. 0120-A; SuDocs No. A 57.6/2:EN 3/PT.653. ISBN-0-934213-59-3. httns://www.nres.usda.gov/lntemet/FSE DOCUMENTS/stelprdb1044574.1)df 3 US Environmental Protection Agency. (2000). National Water Quality Inventory: 2000 Report. Washington, DC. Report EPA-841-R-02-001. 4 Sun, Z. et al. (2019). Impact of environmental factors on aquatic biodiversity in roadside stormwater ponds. Sci Rep 9, 5994. htt)s://doi.org/10.1038/s4l598-019-42497-z 5 Gaffield, S. J. et al. (2003). Public health effects of inadequately managed stormwater runoff. American Journal of Public Health, 93(9), 1527-1533. https://doi.org/l0.2105/ajph.93.9.1527 6hLp://www. epa. gov/polluted-nmo ff-nonpoint-source-pollution/urban-runoff-low-impact-development to allow for the slow discharge of stormwater, attenuating the potential adverse effects of stormwater surges; thermal spikes; and sediment, nutrient, and chemical discharges. o Because the purpose of SCMs is to protect streams and wetlands, no SCMs should be installed within any stream (perennial or intermittent) or wetland. o Ensure SCMs work as intended by performing routine inspection and maintenance. o For projects that include bridges: ■ Consider whether discharges from the bridge can occur outside the riparian buffer to allow time and space for treatment. ■ Provide SCMs that ensure that stormwater discharged from bridge deck drains will be released as diffused flow, preventing preferential flow. Stream Buffers. Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They accomplish the following: 1) catch and filter runoff, thereby helping to prevent non -point source pollutants from reaching streams, 2) enhance the instream processing of both point and non -point source pollutants, 3) act as "sponges" by absorbing runoff (which reduces the severity of floods) and by allowing runoff to infiltrate and recharge groundwater levels (which maintains stream flows during dry periods), 4) catch and help prevent excess woody debris from entering the stream and creating logjams, 5) stabilize stream banks and maintain natural channel morphology, 6) provide coarse woody debris for habitat structure and most of the dissolved organic carbon and other nutrients necessary for the aquatic food web, and 7) maintain air and water temperatures around the stream. Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide along perennial streams [or the full extent of the 100year floodplain, whichever is greater]) should be created and/or maintained adjacent to all aquatic areas. Within the watersheds supporting federally listed aquatic species, we recommend undisturbed, forested buffers that are naturally vegetated with trees, shrubs, and herbaceous vegetation. These buffers should extend a minimum of 200 feet from the banks of all perennial streams and a minimum of 100 feet from the banks of all intermittent streams (or the full extent of the 100year floodplain, whichever is greater.) Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission, etc.), and other infrastructure that requires maintenance, cleared rights -of -way and/or compromise the functions and values of the forested buffers should not occur within these riparian areas. Concrete. At no time should "live" or uncured concrete, concrete leachate, or excess concrete waste come into contact with surface waters. Concrete contains lime which is highly toxic to aquatic organisms. Until concrete is fully cured, lime is mobile and dissolves easily in water (water soluble). Inputs of lime increase the pH of water which can cause a range of negative effects to aquatic organisms including burns (just like an acid burn) on fish and direct mortality of a wide variety of aquatic species. To avoid uncured concrete coming into contact with surface waters, a dry work area should be established for any concrete work. Site specific measures should be developed to contain concrete in dry work areas and plans should be established for the safe disposal of any excess concrete waste. Equipment Use in Riparian Areas and In -Stream. Equipment should be operated from the streambank. If in -stream work is necessary, stone causeways, work bridges, or mats (designed for the specific location and type of equipment) should be used. Work pads on streambanks or approaches to in -stream work areas should minimize disturbance to woody vegetation. Equipment operated in riparian areas and in/near aquatic resources should be inspected daily and maintained regularly to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. Construction staging, toxic material storage, and equipment maintenance, including refueling, should occur outside of the riparian area. The project proponent should report any toxic material spills in riparian areas and/or aquatic resources to the Service within 24 hours. ON Replacing Structures that Cross Rivers and Streams. We generally recommend the use of clear -spanning bridge structures designed, at a minimum, to accommodate the active channel width. Use of culverts is discouraged. Properly sized spanning structures will provide for the passage of aquatic species and accommodate the movement of debris and bed material. Furthermore, spanning structures usually: (1) can be constructed with minimal instream impacts, (2) do not require stream channel realignment, and (3) retain the natural streambed conditions; and the horizontal and vertical clearances may be designed to allow for human and wildlife passage beneath the structures. o If possible, bridge supports (bents) should not be placed in the streams. Bents can collect debris during flood events, resulting in the scouring of bridge foundations. In -stream bents can also result in hydrologic changes, such as bedload scour or deposition, which may adversely affect in -stream habitat. o Deck drains of the spanning structures should not discharge directly into the streams; instead, they should drain through a vegetated area before entering the streams. Removal of vegetation in riparian areas should be minimized. o Armoring of the bank with riprap should be minimized. The reseeding of disturbed areas should be performed promptly after grading, and seed mixes should consist of native vegetation to prevent the spread of invasive plant species. o New structures should be constructed without the use of in -stream causeways or work pads whenever possible. When causeways are necessary, using the largest washed stone practicable for the application will prevent unnecessary damage to in -stream habitat and will facilitate complete removal. o We recommend that all equipment be refueled and receive maintenance outside of the riparian zone. Refueling and maintenance should take place in designated refueling sites that are provisioned to quickly contain any spills of fuel, lubricants, and other fluids. We appreciate the opportunity to provide these comments. Please contact Ms. Lauren B. Wilson of our staff at lauren_wilsonkfws.gov if you have any questions. In any future correspondence concerning this project, please reference our Service Log 923-210. Sincerely, - - original signed - - Janet Mizzi Field Supervisor 7 Freshwater Mussel Survey Report WBS # BP10.R033 Replace Bridge 231 on SR 1637 (Jacks Branch Road) over Cabin Branch Anson County, North Carolina T. View of Bridge 231 over Cabin Branch Prepared For: f MG�iN T NC Department of Transportation Raleigh, North Carolina Contact Person: Matt Haney Biological Surveys Group -Environmental Analysis Unit North Carolina Department of Transportation mmhanev@ncdotgoov 1598 Mail Service Center Raleigh, NC 27699-1598 April 2024 Prepared by: TRANSYSTEMS 1 Glenwood Avenue, Suite 600 Raleigh, NC 27603 Contact Person: Chris Sheats csheats@transVstems.com 919-417-2732 Table of Contents 1.0 Introduction.....................................................................................................................1 2.0 Waters Impacted..............................................................................................................1 2.1 303(d) Classification......................................................................................................1 2.2 NPDES Discharges.........................................................................................................2 3.0 Target Federally Protected Species Description................................................................2 3.1 Carolina Heelsplitter (Lasmigona decorata).................................................................2 3.1.1 Species Characteristics...........................................................................................2 3.1.2 Distribution and Habitat Requirements...................................................................2 4.0 Survey Efforts...................................................................................................................3 4.1 Survey Methodology.....................................................................................................3 5.0 Results..............................................................................................................................3 6.0 Discussion/Conclusions....................................................................................................4 7.0 Literature Cited................................................................................................................5 Appendix A. Figures: Figure 1: Project Vicinity and Survey Locations Figure 2: NCNHP Element Occurrences and USFWS Critical Habitat Figure 3: NPDES Discharges and 303d Streams Appendix B. Qualifications of Contributors 1.0 INTRODUCTION The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge # 231 on Jacks Branch Road (SR 1637) over Cabin Branch in Anson County, North Carolina (Figure 1). According to the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) GIS planning tool (IPaC Access date: March 25, 2024), the Carolina Heelsplitter (Lasmigona decorata) is identified as a protected species that could be affected by this project. The Carolina Heelsplitter is listed as Endangered by the USFWS under the Endangered Species Act and designated Critical Habitat has been established. The nearest designated Critical Habitat for the Carolina Heelsplitter is located approximately 57 RM away in Goose Creek and Duck Creek of the Yadkin -Pee Dee River Basin (Figure 2). According to the NC Natural Heritage Program database (NCNHP, Access date: March 25, 2024), (Figure 2) the nearest Carolina Heelsplitter EO (ID #21454; Last Observation Date- March 2017) is in Goose Creek and Duck Creek, approximately 57 RM away from the project. TranSystems was contracted by the NCDOT Biological Surveys Group to conduct surveys targeting the Carolina Heelsplitter as part of the federal permitting process that requires an evaluation of potential project -related impacts to federally protected species. 2.0 WATERS IMPACTED Cabin Branch is a tributary to Brown Creek within the Yadkin -Pee Dee River Basin (U.S. Geological Survey [USGS] Hydrological Unit Code 03040104). Cabin Branch flows into the Brown Creek approximately one RM downstream of the project. 2.1 303(d) Classification The N.C. Department of Environmental Quality (NCDEQ) 2022 Final 303(d) list was reviewed to better understand water quality upstream of the project. Cabin Branch is not listed as impaired. Brown Creek and Lanes Creek are listed for Fecal Coliform Bacteria and Benthos parameters respectively (Table 1; Figure 3) (NCDEQ, 2022a). Table 1. 303(d) Streams Assessment Unit ID (AU#) AU Name Description Parameter of Interest Distance to Stream (RM) 13-20b Brown Creek From mouth of Lick Fecal Coliform (GM 1 Creek to Pee Dee River 200/400 From Marshville Water Supply Dam (located 13-17-40-(12) Lanes Creek 0.1 mile downstream of Benthos (Nar, AL, FW) 30 Beaverdam Creek)to Rocky River BP10.R033 Cabin Branch Freshwater Mussel Survey Report April 2024 Page 1 2.2 NPDES Discharges The closest permitted discharge is for Lisk Trucking Inc., permitted for Transportation w/ Vehicle Maintenance/Petroleum Bulk/Oil Water Separator Stormwater Discharge into Cabin Branch approximately 2 RM upstream of the project (Permit # NCG080198) (Table 2; Figure 3). Table 2. NPDES Discharges Discharge Distance to Permit # Permit Type Waterbody Owner County Status Type Discharge (RM) Alent Wastewater NCO088081 Groundwater Remediation Discharge N/A 7 Investments Anson Inactive Inc Transportation w/ Vehicle Stormwater NCG080198 Maintenance/Petroleum Bulk/Oil Water Cabin Branch 2 Lisk Trucking Anson Active Inc Separator Stormwater Discharge COC Chambers Pinch Gut Stormwater NCG120064 Landfill Stormwater Discharge COC 6 Development Anson Active Creek of NC Food/Tobacco/Soaps/Cosmetics/Public Hurricane Darling Stormwater NCG060144 11 Ingredients Anson Active Warehousing Stormwater Discharge COC Creek Inc Air Transportation Stormwater Discharge Hurricane Anson County Stormwater NCG150012 COC Creek 12 Airport Anson Active Mining Activities Stormwater Discharge Grindstone Triangle Brick Stormwater NCG020715 COC Branch 8 Company Anson Active 3.0 TARGET FEDERALLY PROTECTED SPECIES DESCRIPTION 3.1 Carolina Heelsplitter (Lasmigona decorata) 3.1.1 Species Characteristics The Carolina Heelsplitter is a freshwater mussel with an average length of 78 millimeters (mm), an average height of 43 mm and a mean width of 27 mm (Keferl and Shelley 1988). This species is characterized by having an ovate trapezoid shaped shell with a distinct step down from the umbo. The presence of an upturned dorsal shell margin, a double ridge along the posterior - dorsal shell margin and an overall relatively thin shell are also distinguishing characteristics for this species. The Carolina Heelsplitters' reproductive cycle includes a larval stage in which the glochidium will act as an obligate parasite on a host fish to continue development. Host fish of this species include several species of minnows and some sunfish species (Eads et al. 2010). 3.1.2 Distribution and Habitat Requirements The Carolina Heelsplitter was first described by Lea, 1852 as Unio decoratus from specimens collected in the Saluda-Wateree River System in what was formerly known as the Abbeville District in west -central South Carolina. The Carolina Heelsplitter is endemic to the southeastern Atlantic Slope and historically occurred in Piedmont streams and small rivers in the Carolina and BP10.R033 Cabin Branch Freshwater Mussel Survey Report April 2024 Page 2 Charlotte Slate belts. Currently, 11 extant populations are known including five from the Santee, two in the Pee Dee, two in the Savannah and two in the Saluda basins. These populations are believed to be small and highly isolated from one another by impoundments or other extensive reaches of unsuitable habitats. Carolina Heelsplitters occur primarily in small to mid -sized streams with stable, vegetated banks and substrates ranging from muddy sand to muddy gravel (Clark 1985, Keferl 1991). Prior research on Carolina Heelsplitters is limited and has primarily focused on aspects of reproductive ecology, habitat ecology and distribution (Bogan 2002, Ward et al. 2007, Bogan et al. 2008, Eads et al. 2010, Bogan and Raley 2012). 4.0 SURVEY EFFORTS Field efforts were conducted by TranSystems personnel Chris Sheats (ES Permit # 24-ES00558), Tori Fowler, and Jason Hall on March 19, 2024. 4.1 Survey Methodology A freshwater mussel survey extended from 100 meters upstream of the project to 400 meters downstream, totaling 500 meters. Visual and tactile surveys were completed using visual tactile and bathyscopic methods. 5.0 RESULTS A total of 7 freshwater mussels were observed in Cabin Branch. A total of two species were observed including Eastern Elliptio (Elliptio complanata) and Eastern Creekshell (Villosa delumbis) (Table 3). No Asian Clams (Corbicula fluminea) were observed. One bladder snail (Physidae sp.) shell was observed during the survey. Fish species observed include Creek Chub (Semotilus atromoculatus), Redfin Pickerel (Esox omericonus), and Fantail Darter (Etheostoma flabellore). Table 3. Observed Freshwater mussels (9 hours total survey time). Common Name Scientific Name # Live % of Total CPUE* Eastern Elliptio Elliptio complanata 6 86 0.66 Eastern Creekshell Villosa delumbis 1 14 0.11 Tota 1 7 100 0.77 *CPUE- Catch Per Unit Effort Cabin Branch had a series of riffle, run, and pool habitats throughout the reach. Stream width ranged from 4-5 meters with depths of 0.5 — 1 meter. Substrate consisted of semi - unconsolidated silt, sand, cobble, gravel, boulder, and bedrock. There was no recent evidence of American Beaver (Castor conodensis) activity observed. Riparian buffers were wide with a surrounding land use of pine stands and forested stream buffers. The Carolina Heelsplitter was not observed during survey efforts. BP10.R033 Cabin Branch Freshwater Mussel Survey Report April 2024 Page 3 6.0 DISCUSSION/CONCLUSIONS Physical habitat conditions such as defined stream channel, native freshwater mussel presence and diversity, and substrate composition that are associated with the target species were present throughout the surveyed reach. Survey efforts resulted in no observations of the Carolina Heelsplitter. The survey efforts detailed in the report serve to update species information within the surveyed reach of Cabin Branch. Recommended Biological Conclusion for Carolina Heelsplitter: May Affect, Not Likely to Adversely Affect Although there were portions of the survey reach with appropriate habitat, there were no Carolina Heelsplitter individuals found. Based on the presence of habitat and the results of the survey, the project may affect, but is not likely to adversely affect the Carolina Heelsplitter. Recommended Biological Conclusion for Carolina Heelsplitter Designated Critical Habitat: No Effect Designated Critical Habitat for the Carolina Heelsplitter is not identified in Cabin Branch. The nearest designated Critical Habitat is located 57 RM away in Goose Creek and Duck Creek, of the Yadkin -Pee Dee River Basin. The proposed project will have "No Effect" on the designated Critical Habitat for this species. The USFWS is the regulating authority for Section 7 Biological Conclusions and as such, it is recommended that they be consulted regarding their concurrence with the finding of this document. The federal action agency, or its nonfederal designee (NCDOT) must render a biological conclusion for the species. BP10.R033 Cabin Branch Freshwater Mussel Survey Report April 2024 Page 4 7.0 LITERATURE CITED Bogan AE (2002) Workbook and key to the freshwater bivalves of North Carolina. North Carolina Freshwater Mussel Conservation Partnership, Raleigh, NC 101 pp, 10 color plates. Bogan AE, Alderman JM (2008) Workbook and Key to the Freshwater Bivalves of South Carolina. North Carolina State Museum of Natural Sciences, North Carolina Freshwater Bivalve Conservation Partnership. Bogan AE, Raley ME (2012) Comparison of Carolina Heelsplitter (Losmigona decoroto (Lea, 1852)) populations (Molluscs: Bivalvia: Unionidae). Unpublished report to U.S. Fish and Wildlife Service, Asheville, NC pp 1-32. Clarke AH (1985) The tribe Alasmidontini (Unionidae: Anodontinae), Part II: Losmigona and Simpsonaias. Smithsonian Contributions to Zoology pp 1-75. Eads CB, Bringolf RB, Greiner RD, Bogan AE, Levine JF (2010) Fish hosts of the Carolina Heelsplitter (Losmigona decoroto), a federally -endangered freshwater mussel (Bivalvia: Unionidae). American Malacological Bulletin 28:151-158. Johnson, R.I. 1970. The systematics and zoogeography of the Unionidae (Molluscs: Bivalvia) of the southern Atlantic Slope region. Bulletin of the Museum of Comparative Zoology 140(6):263-449. Keferl, E.P. and Shelly, R.M. 1988. The Final Report on a Status Survey of the Carolina Heelsplitter, (Losmigona decoroto), and the Carolina elktoe, (Alosmidonto robusto), Unpublished Report to the U.S. Dept of the Interior, Fish and Wildlife Service. Keferl EP (1991) A status survey for the Carolina heelsplitter (Losmigona decoroto), a freshwater mussels endemic to the Carolinas. Report prepared for US Fish and Wildlife Service and North Carolina Wild Resources Commission pp 1-29. North Carolina Department of Environmental Quality (NCDEQ)a. Division of Water Resources. 2022. 2022 North Carolina Final 303(d) List. https://deg.nc.gov/about/divisions/water- resources/water-planning/modeling-assessment/water-quality-data-assessment/integrated- report-files (Accessed March 25, 2024.) North Carolina Department of Environmental Quality (NCDEQ)b. Online GIS NPDES Stormwater Permits. https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=8d3108c9364b4ef3966cO 7118f2cf4f (Accessed March 25, 2024.) North Carolina Natural Heritage Program (NCNHP). 2024. Natural Heritage Element Occurrence. (Accessed March 25, 2024.). BP10.R033 Cabin Branch Freshwater Mussel Survey Report April 2024 Page 5 U.S. Fish and Wildlife Service IPaC - Information for Planning and Consultation. Online Linkage: https://ecos.fws.gov/ipac/ (Accessed March 25, 2024.). Ward S, Augspurger T, Dwyer FJ, Kane C, Ingersoll CG (2007) Risk assessment of water quality in three North Carolina, USA, streams supporting federally endangered freshwater mussels (Unionidae). Environmental Toxicology and Chemistry 6:2075-85. BP10.R033 Cabin Branch Freshwater Mussel Survey Report April 2024 Page 6 APPENDIX A Figures BP10.R033 Cabin Branch Freshwater Mussel Survey Report April 2024 Page 7 N n Polkton desbof* MOES":F . , USGS, r ti. �. �:Ir-tumap, INN EMEhkTP'N Esri Jaiien, METI, ESFi China 1Hong iy , •'{ - .' �x �� KoN;, ESri K{xss. Esrl iTI 9Hern�, ILI if' IP F44; Ri i •�4'�+'�}}, *y�, '-r*art' r• ,4 + - r .I hrlF i�iyl .,.� � � � t * ' y y r jr 5 r • - 'IM a •+ a�n Sranc *. * {w * ti �f r_ • r , * f9 yam* E oc 9ridge # ON229 Su Trey Reach St rea m 4 Prepared By: Prepared For: Omiedi3y_ ieLiwd3y Figure ureRrh TIP No. BPIO-RO33 ,- ,; � *, Replace Bridge No. 030231 on .hacks Branch �,:At Road (SR 1637) Over Cabin Branch i# Feet Vicinity Map and Survey Locations ��K. �T QF AJISOn COLlrlt;ir NOftf7 C3r0illl3 kl3rc52024 °p AL I+n hU ax . G71V AIL': ill.11 Park t - I {} 5Li 4i.w S DOr,kCreek Goo e C reek I L Z I Uniomift • I i F'crlkFr' n ' �. &bTshv&6 _ _ViriQat� _ ' .............� I �; yct•. 4 Bridge # 030231 Carolina Heelsplitter(E0#21�E�:t Carolina Heelsplitter Critical _ Alt td. IOutoes: Esri, HERE, G.in, Irrtermap. inaement PCup., GEB CO. USGS, FAd, FOPS, URCAN, GecEse, IGN, Kadastfff NL, Ordnance Survey, Fsri E-I.1 IIe B u ffe r Japan, METI, Esri China I Harrg Kong, ;# OpenStredMap centributars, and the 031 S Us er Community Prepared By: Prepared For: STIP No. BP -R033 ®rnmedBy- I«xedD Figure a °R Replace Bridge No. 030231 on Jacks Branch _ # .I Road (SR 1637) Over Cabin Brand CHH P Element Occurrence and g PC' U F',V Critical Habitat 2 max. O r�¢ ,�+J1SOF1 C011llt;f. �Jortll C8r011f18 April 2024 y 5 ' NPDE S #NC0088081� S •o=k`� I I 4 A. i" lknsonvllle t - n �Yr, 4y !I 40rrl INd rf 1 - NPDES4NCi198 = `' NPDE S #N CGM144 Elmn" 4:4iN:IIIr1 ,+y�Q - NPDE S #N CG150012 n + A4 NPDE S #N CGM715 FIA Mon NPDE S #NC 120D 4 �r4 Bridge # 030231 ¢` NPDES- Wastewater Permits _ {i 9hwaY Xt n NPDES- Stnrmwater Permits ile Suffer NCDWR M(d) Streams (AU#) -- 'Aladesaorr: 13-17-40-(12) Souse's: Esu, HERE. Garmin, Inter map, inuement PCarp., CE13CO. USOS. FAO, NPS, rdRCAt'1,OeeBase, IGN, Ked aster NL. Ordr.ancE�'Surwey, E5'ri 13-2Gtr Japan. METI. Esri Chine :Hong Kong), i OpenStreetrvlap mr..$ibutom,; and the IS'bserComm unity - ' Prepared By: Prepared Far: 11P No. BPIO-RO33 'acamd : {Y'aL�a) Figure °A Replace Bridge No. 030231 on ,hacks Branch # Road (SR 1637) Over Cabin Branch !.i �i T IY • V.:i I NPDE S Discharges and N GDVVFZ 303(d) Streams MENNEN==MiIEs3 � AtlSOn COLIIlti` North C3r0iI113 p.pnl=a APPENDIX B Qualifications of Contributors BP10.R033 Cabin Branch Freshwater Mussel Survey Report April 2024 Page 11 Principal Investigator: Chris Sheats, PWS Education: B.S. Botany, North Carolina State University, 2002 Experience: Biological Surveys Lead, TranSystems, 2022-Present Biological Surveys Lead, SEPI, 2019-2022 Natural Resources Manager, Water & Land Solutions, 2018 Senior Project Manager, Three Oaks Engineering, 2015-2018 Natural Resources Unit Head, The Catena Group 2005-2015 Staff Scientist, Arcadis G&M, 2003-2005 Permits: USFWS Native Endangered and Threatened Species Recovery Permit (ESPER0037836); NCWRC Endangered Species Survey Permit (23-ES00558) Responsibilities: Freshwater Mussel Surveys, Document Preparation and Review Investigator: Victoria Fowler Education: B.S. Biology- Ecology, Evolution and Environmental Studies, 2016 M.S. Biology- Ecology and Environmental Studies, 2023 Experience: Environmental Scientist, TranSystems, 2022- Present Environmental Scientist, SEPI, 2020- 2022 Responsibilities: Freshwater Mussel Surveys, Document Preparation Investigator: Jason Hall Education: UNCW Environmental Studies, 1999 TranSystems 2022-2023 SEPI 2015-2022 CZR Incorp Biologist III 2011-2015 Center for Marine Science- Research Specialist 2000-2011 years Responsibilities: Freshwater Mussel Surveys BP10.R033 Cabin Branch Freshwater Mussel Survey Report April 2024 Page 12 WBS# BP10.R033 MCDC Checklist MINIMUM CRITERIA DETERMINATION CHECKLIST TIP Project No.: N/A State Project No.: BP10.R033.1 Project Location: Bridge No. 231 over Cabin Branch on SR 1637, in Anson County, North Carolina. Project Description: The project proposes to replace bridge No. 231, which is over Cabin Branch on SR 1637 (Jacks Branch Rd.) in Anson County, approximately 3.5 miles southwest of Ansonville. The existing structure is approximately 25 feet long and 20 feet wide. SR 1637 has a posted speed limit of 55 miles per hour (mph). The curve of the road at the bridge has a radius of approximately 450 feet with a designed speed of 35 mph. The replacement structure will be a bridge approximately 55 feet long and 33 feet wide, with approach slabs 11 feet long and 33 feet wide on both ends of the new bridge The roadway on the structure will have 2 lanes 10 feet wide and shoulders 3 feet and 11 inches wide. The bridge length is based on preliminary design information and is set by hydraulic requirements. See Figure 1 for project location. Right of way acquisition and construction are scheduled for state fiscal years 2024 and 2025, respectively. Project construction will extend approximately 140 feet to the south of the approach slab and 105 feet to the north of the approach slab. The approaches will provide two 10-foot lanes and 3-foot shoulders. The roadway will be designed as a Rural Local with a 40-mph design speed. Purpose and Need: The purpose of the proposed project is to improve safety of Bridge No. 231, which was built in 1951 and has been deemed functionally obsolete. The bridge was not designed to last for 70 years. Anticipated Permit or Consultation Requirements: The project will require Clean Water Act Section 404/401 permits from the US Army Corps of Engineers (USACE) and the North Carolina Division of Water Resources (NCDWR), respectively. It is anticipated the construction activities would fall under a Nationwide Permit (NWP). The USACE holds the final discretion as to which permit will be required to authorize project construction. A Section 401 Water Quality Certification (WQC) from NCDWR will be required in addition to the NWP. Special Project Information: Environmental Commitments: The list of project commitments (green sheet) is located at the end of the checklist. Estimated Costs: The estimated 2023 Right of Way Acquisition cost is $64,600. There would be no Utility Relocation cost. The estimated 2024 Construction cost is $600,000. 02/10/23 1 of 6 STIP: BP10.R033 Design Exceptions: There are no anticipated design exceptions for this project. Alternatives Discussion: No Build: The no build alternative would result in eventually closing the bridge as its condition continues to deteriorate. Rehabilitation: The existing bridge structure has been determined as a functionally obsolete bridge. The bridge was constructed in 1951 and replacing the deck and piles of the bridge would constitute effectively replacing the entire bridge structure. Build Alternatives: Two build alternatives were developed and evaluated for the project. Layout Option I This option focuses on maintaining the existing centerline for the centerline of the new bridge. Layout Option 2 This option shifts the alignment of the centerline up to 28 feet to the east of the existing centerline. Criteria requires a new alignment with a compound curve coming off the bridge, but still impacts the JS by 135 feet. Horizonal right-of-way line will extend up to 32 feet into existing property on the inside of the curve. Other Agency Comments: There are no agency comments on the project. Public Involvement: A landowner notification letter was mailed on September 26, 2022, to property owners within the project study area. The letter informed citizens of the initiation of planning studies for the project. It also stated that representatives from USACE may be entering their property to collect or verify stream and wetland data. PART A: MINIMUM CRITERIA Item 1 to be completed by the Engineer. 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? Catei!ory #8 If either category #8, #12(1) or #15 is used complete Part D of this checklist. 02/10/23 2 of 6 STIP: BP10.R033 PART B: MINIMUM CRITERIA EXCEPTIONS Items 2 — 4 to be completed by the Engineer. YES 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: Manager, Environmental Analysis Unit 1598 Mail Service Center Raleigh, NC 27699-1598 (919) 707 — 6000 Fax: (919) 212-5785 I // // IV41I 02/10/23 3 of 6 STIP: BP10.R033 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 Engineer.= 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? Question 9: The United States Fish and Wildlife (USFWS) lists the following federally protected species within the PSA (as of February 1, 2023), under the Endangered Species Act (ESA). 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 PSA. Additional surveys have been requested from NCDOT — Biological Surveys Group (BSG) for the Tricolored bat and Carolina heelsplitter. Scientific Name Common Name Federal Habitat Biological Status Present Conclusion Perimyotis Tricolored bat PE Yes Unresolved subflavus Picoides borealis Red -cockaded E No No Effect woodpecker Lasmigona Carolina heelsplitter E Yes Unresolved decorata Helianthus Schweinitz's sunflower E Yes No Effect schweinitzii PSA-USFWS Information for Planning and Consultation (IPaC) data checked on February 1, 2023. Federal Status: E — Endangered; PE — Proposed Endangered 02/10/23 4 of 6 STIP: BP10.R033 Tricolored bat USFWS Optimal Survey Window: May 15 — August 15 (Structure Checks) Biological Conclusion: Unresolved On September 14, 2022, the USFWS announced a proposal to list the tricolored bat (Perimyotis subflavus - PESU) as endangered under the ESA. 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. An ETRACs request for bat surveys has been submitted. to the NCDOT—Biological Surveys Group (BSG). A recommended Biological Conclusion for this species will be rendered once BSG has completed their assessment. Red -cockaded woodpecker (RCW) USFWS Optimal Survey Window: year-round; November -early March (optimal) Biological Conclusion: No Effect Suitable RCW foraging and nesting habitat is absent within the PSA. Additionally, no cavities or individuals were observed within the PSA. A review of NCNHP Winter (January) 2023 dataset indicates no known RCW occurrences within 1.0 mile of the PSA. Due to the lack of suitable habitat within the PSA and known occurrences within a mile of the PSA, this project will likely have no impact on this species. Therefore, the Biological Conclusion for RCW is No Effect. Carolina heelsplitter USFWS Optimal Survey Window: March 1 —November 1 Biological Conclusion: Unresolved Suitable habitat for Carolina heelsplitter is present within the PSA. A request for mussel surveys has been submitted to NCDOT — BSG through ETRACS. The Biological Conclusion for this species will be updated once BSG has completed their assessment. Schweinitz's sunflower USFWS Optimal Survey Window: late August — October Biological Conclusion: No Effect Suitable habitat for Schweinitz's sunflower is present within the PSA in the form of roadsides, woodland edges, and utility rights -of -way. Three Oaks biologists completed a survey for Schweinitz's sunflower on October 5, 2022. This species was not identified during this survey effort. A review of the Winter (January) 2023 NCNHP dataset identified no known Schweinitz's sunflower occurrences within 1.0 mile of the PSA. Due to the 02/10/23 5 of 6 STIP: BP10.R033 absence of Schweinitz's sunflower within the PSA and the lack of NCNHP records within 1.0 mile of the PSA, effects to this species are not likely. Therefore, the Biological Conclusion for this species is No Effect. Bald and Golden Eagle Protection Act A desktop-GIS assessment of the PSA, as well as the area within a 1.0-mile radius of the project limits, was performed on September 26, 2022, using the most recent color aerials. Water bodies large enough or sufficiently open to be considered potential feeding sources were identified. Since foraging habitat is present within the review area, a survey of the PSA and the area within 660 feet of the project limits was conducted on October 5, 2022. No bald eagles or nests were observed during this survey effort. A review of the Winter (January) 2023 NCNHP dataset revealed no known occurrences of this species within 1.0 mile of the PSA. Due to the lack of observations during the survey effort, absence of nearby known bald eagle occurrences, and the minimal impact anticipated for this project, it has been determined that this project will not affect this species. Question 10: The bridge replacement will require a USACE Section 404 and Section 401 WQC from NCDWQ. Top -down construction for the removal and construction of the new bridge is being proposed. Temporary and permanent impacts to wetlands will be documented in NCDOT's 404/401 permit application(s). PART D: (To be completed when either category #8, 120) or #15 of the rules are used. 16. Project length: 17. Right of way width: 18. Project completion date: 19. Total acres of newly disturbed ground surface: 20. Total acres of wetland impacts: 21. Total linear feet of stream impacts: 22. Project purpose: 345 feet 50-60 feet December 2024 0.25 acres 0.01 65 To replace a structurally deficient bridge. If Part D of the checklist is completed, send a copy of the entire checklist document to: State Roadway Environmental Engineer Mail Service Center 1557 Raleigh, NC 27699- 1557 (919) 707-2920 Fax (919) 715-2554 02/10/23 6 of 6 STIP: BP10.R033 Reviewed by: Date: Division Engineer Date: Division Environmental Supervisor 02/10/23 7 of 6 STIP: BP10.R033 PROJECT COMMITMENTS Bridge No. 231 over Cabin Branch on SR 1637 in Anson County WBS BP10.R033.1 All standard procedures and measures, including NCDOT's Best Management Practices for Protection of Surface Water, Guidelines for Best Management Practices for Demolition and Removal, will be implemented as applicable, to avoid of minimize environmental impacts. The following special commitments have been agreed to by NCDOT. Status and/or changes in project commitments are denoted by italics. NCDOT Division 10 Construction: US Fish and Wildlife Service During the duration of this project, the listing of the Northern Long-eared Bat (Myotis septentrionalis) is scheduled to change and the listing of the Tricolored Bat (Perimyotis subflavus) is anticipated to change. Therefore, the Division will coordinate with biologists at the US Fish and Wildlife office in Asheville, NC when and if these rules change to meet all new rules and regulations. North Carolina Wildlife Resources Commission NCWRC requests that the Division follow the Design Standards for Sensitive Watersheds (15A NCAC 04B .0124) during the design and construction of this project. The Division will coordinate with the NCWRC at least 2 months prior to construction to relocate any mussels that are located in the project footprint. The NCWRC contact information is Dave McHenry at david.mchenry(ancwildlife.org or (828) 476-1966. Community Coordination NCDOT will contact Anson County Schools at (704) 694-4417 at least one month prior to construction to coordinate construction activities with school transportation schedules. Anson County Emergency Services and Emergency Medical Services will be contacted at (704) 994-3301 and (704) 994-3304, respectively, at least one month prior to construction to coordinate construction activities. Minimum Criteria Determination Checklist Page 1 of 1 Green Sheet January 2023 U.cu..It I'a[h J:\(:...1.\3—II .lJ\N(:UV I \213081 tl.d . H,p I ...... t\Vi—DV M,p bt'10 H.JJ..xd a N 0 m� Y o� w �U a� n 4 SS. 3 Project Location Bran a s U C It t CD Jr U 1� Ctiee* 0 0.375 0.75 1.5 Miles m VICINITY MAP County: Anson Figure ��°� �� BRIDGE REPLACEMENT ;" ` NORTH CAROLINA SR 1637 (JACKS BRANCH RD) Div..10 STIP# n/a s DEPARTMENT OVER CABIN BRANCH WBS: BP10.R033 �° OF TRANSPORTATION ANSON COUNTY aah°°�t DIVISION OF HIGHWAYS NORTH CAROLINA Date: Aug-22 0 s f WBS# BP10.11033 Impact Permit Plans and Stormwater Management Plan F 0) V) I N Q I T I CV 0 0 I F L 0 i F F 0 L F w I n- w L T CV I C 0 c Q See Sheet lA For Index of Sheets See Sheet lB For Conventions/ Symbols 1418 a o 1614 u' 1616 s° 1618 ° - 1617 L638 O f D 1639 �1618 1638 1614 if C 1637 ¢d d 1638 ¢ 0 52 Bran rabi Q � � 1614 1637 24 1640 \ p VICINITY MAP DETOUR ROUTE N. T.S. BEGIN PROJECT WBS: BP10.R033 -L- POC STA.18 + 35.00 STAT'E. OF NORTH k("/AROLINA DIVISION OF HIGHWAYS Al VS01 V C O PERMIT DRAWING SHEET 1 OF 8 LOCATION: REPLACE BRIDGE 1110. 030231 OVER CABIN BRANCH ON SR 1637 (JACKS BRANCH RD.) TYPE OF WORK: GRADING, DRAINAGE, PA TVING, AND STRUCTURE WETLAND AND SURFACE WATER IMPACTS CABIN BRAS C ICA g BfEGI N BRt GEC � y SITE A � � L- FOC i�TAaJ�+ . 6 � � A 4-1 k TM m \k/ i EV TL-2 CU END BRIDGE —L— ROC, ST-A. �O f 44.64 /' SITE i GREU TL-2 N z\ jS- 4 i - SITE 2 %�y���,,�--_ �c3 STATE STATE PROJECT REFERENCE NO. SHEET NO. TOTAL SHEETS N.C. BP10.R033 I STATE PROJ. NO. F. A. PROJ. NO. DESCRIPTION BP10.R033.1 WA P.E. BP10.R033.2 WA ROWAJTIL BP10.R033.3 N/A CONST. STAGE 3 PLAINS (3RDI) RIGHT OF WAY PLANS PERMIT END PROJECT WBS: BP10.R033 -L- POC STA. 21 + 59.00 Tp US 52 DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED GRAPHIC SCALES 20 10 0 20 40 DESIGN DATA ADT 2023 = 150 VPD ADT 2043 = 200 VPD _ K WA D - WA T= bolo V = 40 MPH TTST = 3% DUALS = 3% F U N C CLASS = LOCAL SUB -REGIONAL TIER PROJECT LENGTH LENGTH ROADWAY PROJECT BP10.R033 = 0.050 MILES LENGTH BRIDGE PROJECT BP10.R033 = 0.011 MILES TOTAL LENGTH PROJECT BP10.R033 = 0.061 MILES Prepared in the Office of: CDM. CDM Smith Inc. 4600 Park Rd Charlotte, SMIt Charlotte, NC 28209-3730 NC COA No. F-1255 FOR THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION HYDRAULICS ENGINEER PE SIGNATURE: 0� p �� 0 Gnu � o 2' ® Q o � � R 2018 STANDARD SPECIFICATIONS KIT A. PERSIANI PE PLANS 20 10 0 20 40 RIGHT OF WAY DATE: JULY 24, 2023 PROJECT ENGINEER TR UNG T.11tGUYEN, PE ROADWAY DESIGN ENGINEER P.E.PROFILE SIGNATURE: PROFILE (HORIZONTAL) 4 2 0 4 8 LETTING DA TE: SEPTEMBER 17, 2025 PROJECT DESIGN ENGINEER GARLAND HAYWOOD, PE NCDOT CONTACT (VERTICAL) V) 0 W Ce =---- - PROJECT REFERENCE NO. SHEET NO. PERMIT DRAWING SHEET 3 OF 8 � SHEET NO. -- \ ROADWAY ENGINEER DESIGN S ENGINEER /BRANCH ��\� \ \\\ \\ ��`- CABIN GRAPHIC SCALE \ 8z \ \\ \ / \ _ _ / \ \\ \ \ - - _ _ \ \ \ _ \ \ \ \ I ` ^ \ DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED CDM Smith Inc. 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Fill In Wetlands (ac) Excavation in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Hand Clearing in Wetlands (ac) Permanent SW impacts (ac) Temp. SW impacts (ac) Existing Channel Impacts Permanent (ft) Existing Channel Impacts Temp. (ft) Natural Stream Design (ft) 1 -L- 18+75 to 19+56 Roadway Fill 0.01 < 0.01 2 -L- 20+04 to 20+26 Bank Stabilization/Dewatering < 0.01 0.02 58 17 3 -L- 21+13 to 21+59 Roadside Ditch < 0.01 TOTALS*: 0.01 0.01 < 0.01 0.02 58 17 0 *Rounded totals are sum of actual impacts NOTES: Due to overlapping Bank Stabilization, total reportable Bank Stabilization impacts = 58 linear feet. Bank Stabilization length removed from Dewatering length. 2018 Feb s . E ,htiva� North Carolina Department of Transportation �IL1ii11Lkilfii- Highway Stormwater Program d STORMWATER MANAGEMENT PLAN (Version 3.00; Released August 2021) FOR NCDOT PROJECTS WBS Element: BP10.R033 TIP/Pro' No: SF-030231 Coun ies : Anson Page 1 of 2 General Project Information WBS Element: BP10.R033 I TIP Number: SF-030231 Project Type: I Bridge Replacement I Date: 03/18/2023 NCDOT Contact: Garland Haywood, PE Contractor / Des i ner: IMI Engineering, PLLC (Kyle Edgerton) Address: Independence Transportation Park Office Address: 1011 Schaub Dr 12033 East Independence Boulevard -Suite G Suite 100 Matthews, NC 28105 Raleigh, NC 27606 Phone: 704-9834400 Phone: 919-851-6606 Email: igLaywood ncdot. ov Email: ked erton mi-en ineers.com City/Town: Polkton County(ies): Anson River Basins : Yadkin -Pee Dee CAMA County? No Wetlands within Project Limits? Yes Project Descri tion Project Length lin. miles or feet): 0.061 mi. SurroundingLand Use: Woods, Wetlands Proposed Project Existina Site Project Built -Upon Area (ac.) 0.2 ac. 0.1 ac. Typical Cross Section Description: 1 lane each direction (North/South) undivided highway 10' width. Cross slope varies from super elevation to 1 lane each direction (North/South) undivided highway 8' width. Cross Slope varies from Normal Crown at Begin/End project limits. Variable width paved shoulder at bridge approach and shoulder berm super elevation near bridge to normal crown at begin/end project limits. Open Shoulder gutter (SBG) at bridge end. SBG approximately 14' in length north side (end) bridge in north bound lane. Guardrail behind paved shoulder and SBG all sides. Annual Avg Daily Traffic (veh/hr/day): Design/Future: 200 1 Year: 2042 Existing: 1 150 1 Year:1 2023 General Project Narrative: Grassed ditches were used where practicable/allowable due to terrain surrounding the project. Where grass ditches were not practicable, rip rap lined ditches were used to slow the (Description of Minimization of Water water before entering Cabin Creek, as well as using rip rap on the embankment at those locations to mitigate erosion of the stream bank. Stream bank stabilization is used where Quality Impacts) old abutments are being removed and to stabilize stream banks under the bridge. Single span bridge was also utilized to avoid impacts in the stream. No deck drains are used and bridge deck drainage is drained to 2GI at end of bridge and then discharge to ditch before entering stream. iilli.� ilk North Carolina Department of Transportation S taxlil Wl]fC'Y Highway Stormwater Program STORMWATER MANAGEMENT PLAN (Version 3.00; Released August 2021) FOR NCDOT PROJECTS WBS Element: BP10.R033 TIP/Proj No.: SF-030231 County(ies): Anson Page 2 of 2 General Project Information Waterbody Information Surface Water Body 1 : Cabin Branch NCDWR Stream Index No.: 13-20-12 NCDWR Surface Water Classification for Water Body Primary Classification: Class C Supplemental Classification: None Other Stream Classification: None Impairments: None Aquatic T&E Species? No Comments: NRTR Stream ID: Buffer Rules in Effect: N/A Project Includes Bridge Spanning Water Body? iYes I Deck Drains Discharge Over Buffer? INo Dissi ator Pads Provided in Buffer? Deck Drains Discharge Over Water Body? INo (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? Dissi ator Pads Provided in Buffer? Deck Drains Discharge Over Water Body? (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) 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? IDeck Drains Discharge Over Buffer? I 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) WBS# BP10.R033 DMS Acceptance Letter ROY COOPER Governor ELIZABETH S. BISER Secretary MARL RECKTENWALD Director Mr. Joel Howard NCDOT Division 10 PDEA Engineer North Carolina Department of Transportation 716 W. Main Street Albemarle, North Carolina 28001 Dear Mr. Howard: Subject: Mitigation Acceptance Letter: NORTH CAROLINA Environm en ra I Quality April 11, 2024 Division 10 Project — Replace Bridge 231 on SR 1637 over Cabin Creek, Anson County; WBS BP10.R033 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 mitigation for the subject project. Based on the information received from you on April 11, 2024, the impacts are located in CU 03040104 of the Yadkin River basin in the Southern Piedmont (SP) Eco-Region, and are as follows: Yadkin 03040104 Stream Wetlands Buffer (Sq. Ft.) Cold Cool Warm Riparian Non -Riparian Coastal Marsh Zone 1 Zone 2 Impacts (feet/acres) 0 0 0 0.020 0 0 0 0 The impacts and associated mitigation needs were not projected by the NCDOT in the 2024 impact data. NCDEQ-DMS commits to implementing sufficient compensatory mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies using the delivery timeline listed in Section F.3.c.iii of 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, ElizabeJA. Harmon DMS NCDOT ILF Coordinator cc: Mr. Monte Matthews, USACE — Raleigh Regulatory Field Office Mr. Steve Brumagin, USACE — Charlotte Regulatory Field Office Ms. Amy Chapman, NCDWR Mr. Brad Chilton, NCDOT — EAU File: SR 1637 — Bridge 231 — Division 10 North Carolina Department of Environmental Quality j Dlvlsion of Mitigation Sen ices c,----DEQ` 217 West ]ones Street 1 1652 !Nail Service Center I Raleigh. North Carolina 27699-1652 �*++ 919.70TS976