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HomeMy WebLinkAbout20001195 Ver 7_Individual_20081113. A. CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. November 11, 2008 Ms. Amanda Jones =y._.. US Army Corps of Engineers ??..._.. Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 Ms. Cyndi Karoly NC Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699 RE: Charlotte-Douglas International Airport Wilkinson Boulevard Parking Decks Mecklenburg County, North Carolina Ms. Jones and Ms. Karoly, P NOV 1 3 2008 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH The attached Individual Permit application is being submitted on behalf of Mr. T.J. Orr of the Charlotte-Douglas International Airport (the applicant). The applicant is seeking permit authorization for impacts associated with development of three parking decks north of the existing airport in Charlotte, Mecklenburg County, North Carolina. Should you have any questions regarding the attached permit application and supplemental information please do not hesitate to contact me at 828-698-9800. A copy of this package has been sent to Mr. Bryan Tompkins of the US Fish and Wildlife Service for review. A copy of this application has also been submitted to Mr. Alan Johnson of the NC Division of Water Quality, Mooresville Regional Office. Respectfully, 7?0t -ksn Rebekah L. Newton Project Biologist R. Clement Ri dle, Principal Copy Furnished: NC Division of Water Quality; Mooresville Regional Office - Alan Johnson US Fish and Wildlife Service - Bryan Tompkins 718 Oakland Street Hendersonville, North Carolina 28791 Phone: 828-698-9800 Fax: 828-698-9003 www.cwenv.com Individual Permit Application for U.S. Army Corps of Engineers Section 404 Permit North Carolina 401 Water Quality Certification Charlotte-Douglas International Airport Wilkinson Boulevard Parking Decks November 2008 ° RVEW19 NOVA 3 2008 DENR. T Applicant: WI.ANDS AND STOR"ATER BRANCH Charlotte-Douglas International Airport Attn: Mr. Ike Reeves Post Office Box 19066 Charlotte, North Carolina, 28219 Prepared By: C1earWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, North Carolina, 28791 828-698-9800 Individual Permit Application for U.S. Army Corps of Engineers Section 404 Permit North Carolina 401 Water Quality Certification Charlotte-Douglas International Airport Wilkinson Boulevard Parking Decks • November 2008 Applicant: Charlotte-Douglas International Airport Attn: Mr. Ike Reeves Post Office Box 19066 Charlotte, North Carolina, 28219 Prepared By: Clearwater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, North Carolina, 28791 828-698-9800 u ???nMRE NOV 1 3 2008 DENR - WATER QUALITY WETLANDS AND STDRMWATER BRANCH Corps Submittal Cover Sheet • Please provide the following info: 1. Project Name: Wilkinson Boulevard Parking Decks 2. Name of Property Owner/Applicant: Charlotte-Douglas International Airport 3. Name of Consultant/Agent: C1earWater Environmental Consultants *Agent authorization needs to be attached. 4. Related/previous Action ID numbers(s): 2006-32521-360 5. Site Address: Wilkinson Boulevard (US Highway 29/74) 6. Subdivision Name: n/a 7. City: Charlotte 8. County: Mecklenburg 9. Lat: 35.232355N Long: 80.938078W (Decimal Degrees Please) 10. Quadrangle Name: Charlotte West 11. Waterway: UT Coffey Creek 12. Watershed: Lower Catawba 03050103 13. Requested Action: Nationwide Permit # General Permit # X Individual Permit Jurisdictional Determination Request Pre-Application Request ,• The following information will be completed by the Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization Section 10 Section 404 Project Description/Nature of Activity/Project Purpose: Site/Waters Name: Keywords: c: C)o-it 015 v7 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO.0710-003 (33CFR 325) Expires October 1996 Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing 4a sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service ectorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the Untied States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED- 4.DATE APPLICATION RECEIVED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME & TITLE (an agent is not required) Charlotte-Douglas International Airport CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. Attn: Mr. T. J. Orr, Aviation Director ATTN: R. Clement Riddle 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS Post Office Box 19066 718 Oakland Street Charlotte, North Carolina 28219 Hendersonville, North Carolina 28792 7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence N/A a. Residence N/A 1? AL E-7 1J b. Business (704) 3594840 b. Business (828) 698-9800 11. STATEMENT OF AUTHORIZATION I hereby authorize, R. Clement Riddle and ClearWater Environmental Consultants, Inc., to act on my behalf as my agent in the processing of this application and to furnish, upon request, su lementa information in support of this permit application. I0 'Z8 96 APPLICANT'S SIGNATU ` DATE E? 12. PROJECT NAME OR TITLE (see instructions) Charlotte-Douglas International Airport Wilkinson Boulevard Parking Deck 13. NAME OF WATERBODY, IF KNOWN (if applicable) UT Coffey Creek 14. PROJECT STREET ADDRESS (if applicable) Intersection of Wilkinson Boulevard and Harlee Avenue 15. LOCATION OF PROJECT South of Wilkinson Boulevard (Highway 29/74), west of downtown Charlotte in Mecklenburg County, North Carolina 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see "Directions to the Site" below) The site is located west of downtown Charlotte in Mecklenburg County, North Carolina. In general, the site is bordered to the north by Wilkinson Boulevard, to the south by the existing airport, to the east by Harlee Avenue, and to the west by Little Rock Road. 17. DIRECTIONS TO THE SITE To access the site from Asheville, take I-240 to I-40 East. Merge onto US Highway 321 via Exit 123A. Merge onto I-85 North. Turn south onto Billy Graham Parkway via Exit 33. Turn right onto Boyer Street. Turn left onto Wilkinson Boulevard; the site will be to the south of Wilkinson Boulevard (State Highway 29/74), southwest of the intersection of Wilkinson Boulevard and Hadee Avenue. D t z.;s ?..:wS ? U NOV 1 3 zoos DENR . WATER QUALITY WEMMDS AND STORMWATER BRMCM • CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. Department of the Army Wilmington District, Corps of Engineers Attn: Ken Jolly, Chief Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Quality Attn: Cyndi Karoly 1650 Mail Service Center Raleigh, NC 27699-1650 I, the current landowner/managing partner of the property identified below, hereby authorize Clearwater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. CEC is authorized to provide supplemental information needed for permit processing at 0 the request of the USACE or DWQ. Property Owner of Record: n??6oxd'A At - ? y i A-ku? D D? Property Owner Address: 600 Ea4 T?vurd Arect C?A&tt& NC 2 S n Phone number: I D4- 35q- 40DO Property Location: 5T501 Tod,, 131cul " ? 6j% Owner/Managing partner Signature: i Date: .2 ; • 718 Oakland Street Hendersonville, North Carolina 28791 Phone: 828-698-9800 Fax: 828-698-9003 www.cwenv.com C ? J Ir, 18. Nature of Activity (Description of project, include all features) The project will include the development of three parking decks; and all associate infrastructure and attendant features. See attached description. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The purpose of the proposed project is to construct additional parking facilities for the Charlotte-Douglas International Airport. See attached description. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge The proposed activities are necessary to provide a high ground parking facility. See attached description 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Material being discharged will be in the form of fill dirt and culverts. Only clean fill material, absent of debris, will be utilized on site. See attached description. 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Approximately 2,359 linear feet of stream channel and approximately 3.035 acres of wetlands will be filled for parking deck construction. See attached description. 23. Is Any Portion of the Work Already Completed? Yes ® No ? IF YES, DESCRIBE THE COMPLETED WORK Partial impacts have occurred in the locations of Impacts 8 and 9. The NC Division of Water Quality issued a Notice of Violation for these impacts on June 26, 2008. 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attached a supplemental list). See attached list. 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION # DATE APPLIED DATE APPROVED DATE DENIED 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority u dertak ork d scribed herein or am acting as the duly authorized agent of the applicant. ?a • ?'c}? 1 r o? SIGNATURE OF ?JICANT DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block I1 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. 0 • Richard & Lind Behr PO Box 668272 Charlotte, NC 28266 PID# 11517205 Nisbet E.P. Company 1818 Baxter St Charlotte, NC 28204 PID#06128207 Adjacent Land Owners For Charlotte Douglas International Airport Parking Deck Junior Patrick Westmoreland 3619 Marshall Ave Charlotte, NC 28208 PID#11517208 Department of Transportation PO Box 640 Albemarle, NC 28001 PID#11517209 Charles Gouch 5820 Wilkinson Blvd Charlotte, NC 28208 PID#06128201 American Freightways Corp. PO Box 723715 Atlanta, GA 31139 PID#06128202, 06128203 0 TABLE OF CONTENTS • 1.0 INTRODUCTION TO PROJECT 1.1 ...................................................................................3 Project Location ............ 1.2 ............................................................................................................................ 3 Jurisdictional Waters 2.0 .................................................................................................................................3 BACKGROUND AND PRIOR PROJECT HISTORY 3.0 .................................................4 EXISTING SITE CONDITIONS 3.1 .....................................................................................5 Natural Community Types ........... . 3.2 . ........................................................................................................... 5 Soils .. 3.3 .........................................................................................................................................................7 Fish and Wildlife Use of the Project Site 3.4 .................................................................................................. 7 Threatened and Endangered Species 3.5 ......................................................................................................... 8 Cultural Resources 4.0 .................................................................................................................................... 8 PROJECT PURPOSE 5.0 .......................................................................................................9 PROPOSED PROJECT DEVELOPMENT 5.1 ..................................................................10 Parking Deck Plans 6.0 ................................................................................................................................. 10 DISCUSSION OF ALTERNATIVES 6.1 ............................................................................11 Avoidance 6.2 ............................................................................................................................................... 12 Minimization 6.3 ........................................................................................................................................... 13 Alternatives Conclusion 7.0 .......................................................................................................................... 14 CONCEPTUAL MITIGATION PLAN 7.1 .........................................................................15 NC Ecosystem Enhancement Program (EEP) 7.2 ............................................... ................. 15 Summary .......................... 8.0 ....................................................................................................................... 15 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES 17 8.1 ........ Factual Determination 8.2 ............................................................................................................................. 17 Potential Impacts on Physical and Chemical Characteristics of the Aquatic Ecos stem 17 8.3 y ........................ Potential Impacts to Biological Characteristics of the Ecosystem ........................................................... 18 • 8.4 Potential Impacts on Special Aquatic Sites ............................................................................................. 20 8.5 Potential Effects on Human Use Characteristics 8.6 ..................................................................................... 21 Summary .................... ............................................................................................................................. 22 9.0 PUBLIC INTEREST CONSIDERATIONS 9.1 ..................................................................23 Conservation 9.2 ............................................................................................................................................23 Economics 9.3 ............................................................................................................................................... 23 Aesthetics 9.4 ................................................................................................................................................ 23 General Environmental Concerns 9.5 ............................................................................................................ 24 Wetlands 9.6 ..................................................................................................................................................24 Historic Properties ................. 9.7 .................................................................................................................. 24 Fish and Wildlife Values 9.8 ......................................................................................................................... 24 Flood Hazards 9.9 ......................................................................................................................................... 25 Floodplain Values 9.10 ................................................................................................................................... 25 Land Use . 9.11 ................................................................................................................................................ 25 Navigation ........................ 9.12 ....................................................... Shore Erosion and Accretion .............................................................................................................. 26 9.13 ..... Recreation .... 9.14 .......................................................................................................................................... 26 Water Supply and Conservation 9.15 .............................................................................................................. 26 Water Quality (Stormwater Management) .... 9.16 .......................................................................................... 26 Energy Needs... ........... ....... 9.17 .................................................................................................................... 26 Safety .............................. 9.18 .........................................................................................................................26 Food and Fiber Production 9.19 ...................................................................................................................... 27 Mineral Needs 9.20 ......................................................................................................................................... 27 Considerations of Property Ownership ...... 9.21 ............................................................................................. 27 Needs and Welfare of the Public ...................... 27 ......................................................... .............................. 10.0 SECONDARY AND CUMULATIVE EFFECTS .........................................................28 • 11.0 SUMMARY ............................................................................................................ 29 .......... • 1. Vicinity Map 2. USGS Topographic Map 3. Site Plan 4. Soils Map LIST OF FIGURES LIST OF APPENDICES Appendix A Threatened and Endangered Species Assessment Appendix B NC Ecosystem Enhancement Program Acceptance Letter • 0 • 1.0 INTRODUCTION TO PROJECT The applicant, Charlotte-Douglas International Airport (CDIA), proposes to construct additional parking facilities to accommodate airport patrons. The project, known as the Wilkinson Boulevard Parking Decks, will include the redevelopment of a previously developed site and the construction of three parking decks on approximately 37 acres. 1.1 Project Location The Wilkinson Boulevard Parking Decks will be located west of downtown Charlotte and north of the existing airport in Mecklenburg County, North Carolina. A site vicinity map is included for review (Figure 1). To access the site from Asheville, take I-240 to I-40 East. Merge onto US Highway 321 via Exit 123A. Merge onto I-85 North. Turn south onto Billy Graham Parkway via Exit 33. Turn right onto Boyer Street. Turn left onto Wilkinson Boulevard; the site will be to the south of Wilkinson Boulevard (State Highway 29/74), southwest of the intersection of Wilkinson Boulevard and Harlee Avenue. In general, the site is bordered to the north by Wilkinson Boulevard, to the south by the existing airport, to the east by Harlee Avenue, and to the west by Little Rock Road. A USGS topographic map is included for review (Figure 2). 1.2 Jurisdictional Waters Streams on site include unnamed tributaries to Coffey Creek. All tributaries within the Wilkinson Boulevard Parking Decks project boundary are tributaries to • Coffey Creek. Coffey Creek flows into Sugar Creek, which is a tributary to the Catawba River. The Catawba River is a navigable-in-fact water at the Mountain Island Lake Dam north of Lake Wylie. The unnamed tributaries and wetlands make up the sole hydrologic system on site. The unnamed tributaries are classified by the NC Division of Water Quality (DWQ) as class "C" waters. There are several wetlands located on site. The two largest wetlands have been identified as old man-made pond bottoms and are contiguous with their associated channel. The site contains the following amounts of jurisdictional waters on site: On-site Totals Feature Amount Unit Stream 2,759 linear feet Wetlands 3.035 acres Open Water 0 acres An "Existing Site Conditions" section (Section 3.0) has been included in this application for review and further describes the jurisdictional waters on site. 2.0 BACKGROUND AND PRIOR PROJECT HISTORY • The applicant received a permit for stream, wetland, and open water impacts on March 9 2007 associated with the construction of a new runway, the expansion of an existing runway, and the relocation of several roads. The Action ID associated with this project is 2006-32521-360. An on-site pre-application meeting for the Wilkinson Boulevard Parking Decks project was held on June 10, 2008 with Ms. Amanda Jones of the US Army Corps of Engineers (Corps) and Mr. Alan Johnson of the DWQ. The DWQ issued a Notice of Violation (NOV) on June 26, 2008 for unauthorized impacts associated with partial impacts in the location of Impacts 8 and 9 at the site. On July 9, 2008, C1earWater Environmental Consultants, Inc. (CEC) responded to the NOV and indicated that an individual permit application which included impacts mentioned in the NOV was forthcoming. • 4 3.0 EXISTING SITE CONDITIONS The project site consists of an old Bi-Lo grocery store and parking areas. The grocery building and truck lot are now used for storage and shuttle parking; and the patron lot in front of the Bi-Lo now houses 778 parking spaces that comprise the "Business Valet" parking lot that is currently in use by the airport. The site also contains two old man- made pond bottoms, now wetlands; several old road beds; clear-cut areas; and wooded areas. The site is relatively flat with an average elevation of approximately 750 feet above mean sea level (MSL). Several natural communities are present on site. 3.1 Natural Community Types During site visits, the following seven habitat types were identified within the project boundary: early successional road-cut edge, open canopy oak-hickory woods (50 years), closed canopy oak-hickory woods (30-50 years), bottomland hardwood forest, riparian forest, semi-permanent impounded wetlands, and streams. The following is a summary of each of the seven habitat types identified on site. The complete habitat assessment can be found within the "Threatened and Endangered Species Assessment" which is enclosed for review (Appendix A). 3.1.1 Early Successional Road-Cut Edge This anthropogenic habitat was created by the bush-hogging and mowing of land adjacent to existing roads on the project site. Tree saplings observed in this community included black locust (Robinia pseudoacacia), loblolly pine (Pinus taeda), mimosa (Albizia julibrissin), redbud (Cercis canadensis), red maple (Acer rubrum), and sweetgum (Liquidambar styracijlua). Shrub species observed in this community included Chinese privet (Ligustrum sinense), groundsel (Baccharis halimifolia), and winged sumac (Rhus copallinum). Herbaceous species observed in this community included broomsedge (Andropogon virginicus), bush clover (Lespedeza cuneata), bushy bluestem (Andropogon glomeratus), Canada goldenrod (Solidago canadensis), curly-top gumweed (Grindelia squarrosa), dallis grass (Paspalum dilatatum), evening primrose (Oenothera biennis), Johnson grass (Sorghum halepense), partridge pea (Chamaecrista fasciculata), softstem rush (Juncus effusus), and tall fescue (Festuca arundinacea). 3.1.2 Open Canopy Oak-Hickory Woods (50 years) This is a mesic habitat, which contains a mixture of hardwood and pine species. Trees have been thinned and the canopy is open, allowing a diverse lower canopy to form. Trees observed in this community included mockernut hickory (Carya tomentosa), post oak (Quercus stellata), and sweet pignut hickory (Carya glabra). Shrubs observed in this community included Chinese privet, multiflowered rose (Rosa multiflora), and winged is sumac. Vines observed in this community included English ivy (Hedera 5 helix), poison ivy (Rhus radicans), roundleaf catbriar (Smilax rotundifolia), and trumpet creeper (Campsis radicans). 3.1.3 Closed Canopy Oak-Hickory Woods (30-50 years) This mesic habitat is composed of hardwood and conifer species 30 to 50 years in age. Tree species observed in this community included black gum (Nyssa sylvatica), Canada hemlock (Tsuga canadensis), cherry bark oak (Quercus pagoda), flowering dogwood (Corpus jlorida), loblolly pine, mockernut hickory, northern red oak (Quercus rubra), red elm (Ulmus rubra), southern red oak (Quercus falcata), sugar maple (Acer saccharum), sweet pignut hickory, Virginia pine (Pinus virginiana), and willow oak (Quercus phellos). Vines observed include muscadine grape (Vitis rotundifolia), roundleaf catbriar, and Virginia creeper (Parthenocissus quinquefolia). Herbaceous species observed in this community included bush aster (Aster dumosus), cranefly orchid (Tipularia discolor), grape fern (Botrychium virginianum), bigleaf periwinkle (Vinca major), and spotted wintergreen (Chimaphila maculatum). 3.1.4 Bottomland Hardwood Forest This mesic to moist habitat is located in the lower elevations of the • property adjacent to the stream channels. Depressions and hummocks create microtopography with a dense overcanopy of hardwood trees. Tree species observed in this community included fourwing silverbell (Halesia tetraptera), green ash (Fraxinus pensylvanicum), hackberry (Celtis laevigata), red maple, silver maple (Acer saccharinum), and tulip poplar (Liriodendron tulipifera). Shrub species observed in this community included Drumond's dogwood (Corpus drummondii), elderberry (Sambucus canadensis), multiflowered rose, silky dogwood (Corpus amomum), spicebush (Lindera benzoin), and strawberry bush (Euonymus americanus). Herbaceous species observed in this community included Japanese stiltgrass (Microstegium vimineum) and spotted wintergreen. 3.1.5 Riparian Forest This habitat is varied and often contains mesophytic and hydrophytic plants. Several streams flow through the site, while other unnamed tributaries have their origins in seeps and springs on site. Tree species observed along the stream banks in this community included bitternut hickory (Carya cordiformis), red maple, river birch (Betula nigra), silver maple, and sycamore (Platanus occidentalis). Shrub species observed in this community included Chinese privet, spicebush, and tag alder (Alnus serrulata). Herbaceous species observed in this community included cutleaf coneflower (Rudbeckia laciniata), jumpseed (Polygonum • virgimanum), and stiltgrass. 6 3.1.6 Semi-Permanent Impounded Wetlands This anthropogenic habitat includes two abandoned ponds. Beaver are now present at this location and are affecting hydrology and vegetation. Tree species observed in this community included red maple, black willow (Salix nigra), silky willow (Salix sericea), and river birch. Shrub species observed in this community included buttonbush (Cephalanthus occidentalis), rattlebush (Sesbania drummondii), silky dogwood, swamp hibiscus (Hibiscus moscheutos), and tag alder. Herbaceous species observed in this community included barnyard grass (Echinochloa crus- galli), fringed sedge (Carex crinita), nutsedge (Cyperus strigosus), pointed broom sedge (Carex scoparia), shallow sedge (Carex lurida), softstem bulrush (Scirpus validus), wool grass (Scirpus cyperinus), ironweed (Vernonia sp.), and broadleaf arrowhead (Sagittaria latifolia). The herbaceous layer is dominant in this community. Wetlands were delineated in November of 2007; there are approximately 3.035 acres of wetlands within the project boundary. All jurisdictional stream channels and wetlands have been identified on the attached site plan (Figure 3). 3.1.7 Streams Freshwater habitats include the streambeds and banks of unnamed tributaries to Coffey Creek. There are approximately 2,759 linear feet of stream channel within the project boundary. In general, these tributaries • flow north to south and eventually into Coffey Creek. Streams and wetlands within the project boundary are bordered by impacted woodlands. In the project vicinity is an old Bi-Lo grocery store, several old road beds, and many clear-cut areas. Stream channels were delineated in November of 2007. All delineated stream channels and wetlands have been identified on the attached site plans (Figure 3). 3.2 Soils The Wilkinson Boulevard Parking Decks project area is located within the Piedmont physiographic region of North Carolina and more specifically the Southern Outer Piedmont Ecoregion. Soil series present on site include: Cecil, Cecil-Urban Land complex, Mecklenburg-Urban Land complex, Urban Land, and Water. A soils map and legend have been attached for review (Figure 4). 3.3 Fish and Wildlife Use of the Proiect Site Wildlife species inhabiting the site include those typically found in the forest types of the region previously described above. Although site-specific studies and inventories documenting species utilization of the Wilkinson Boulevard Parking Decks project area have not been conducted, general observations of fish and wildlife use were recorded during the wetland and stream delineation; and the threatened and endangered species assessment. There was evidence that beavers utilize the site; however, a beaver was never observed. • 7 3.4 Threatened and Endangered Species The US Fish and Wildlife Service (FWS) and the North Carolina Natural Heritage Program (NHP) were contacted regarding known or potential occurrences of federally listed threatened or endangered species or their critical habitats found within the Wilkinson Boulevard Parking Deck project boundary. Four threatened and endangered species are known to occur or have the potential to occur in Mecklenburg County. The FWS has indicated the presence of Schweinitz's sunflower (Helianthus schweinitzii) in the vicinity of the project site. An office review of topographic maps and aerial photography, as well as, a pedestrian survey of the site concurrent with the wetland delineation indicated potential habitat for listed species; however, no individuals were observed. A comprehensive threatened and endangered species survey was conducted and a threatened and endangered species assessment has been prepared and is included as an attachment to this application (Appendix A). The report is a summary of studies conducted by CEC. The report describes habitats found on the 37-acre project site and addresses the potential for the site to support listed species. During completion of threatened and endangered species assessment for the Wilkinson Boulevard Parking Decks project, no listed species were observed. It is the opinion of CEC that federally protected species are not likely to be present within the project boundary. As such, development of the proposed Wilkinson Boulevard Parking Decks is not likely to cause an adverse impact to any federally threatened or endangered species or their critical habitat. • 3.5 Cultural Resources A desk review of the National Register of Historic Places records maintained by the State Historic Preservation Office (SHPO) indicates several historic properties in Charlotte. The majority of these properties are located in downtown Charlotte and not in the immediate vicinity of the Wilkinson Boulevard Parking Decks project area. The SHPO will be notified via Public Notice about the project and will be given the opportunity to comment on the project and its potential affects on archaeological and cultural resources. A survey for cultural resources was conducted as a part of the final Environmental Impact Statement (EIS) completed in November of 1999 for the airport. As a result of the EIS and pursuant to 36 CFR 800.6(b)(1), the applicant entered into a Memorandum of Agreement (MOA) with the SHPO and the Federal Aviation Administration on January 6, 2000. 8 4.0 PROJECT PURPOSE 40 The basic project purpose of the proposed development of the Wilkinson Boulevard Parking Decks is to provide parking. More specifically, the overall project purpose of the proposed development of the Wilkinson Boulevard Parking Decks is to construct additional parking facilities for airport patrons, which will support suspected demand for airport parking, in close proximity to the existing airport. • • 9 41 5.0 PROPOSED PROJECT DEVELOPMENT The proposed project calls for the development of three parking decks and all associated infrastructure. The three parking decks will be four levels and accommodate approximately 3,200 cars each. The northeastern-most parking deck will house and expand the existing "Business Valet" parking lot, as well as, provide additional public parking. 5.1 Parking Deck Plans The applicant proposes to permanently impact 2,395 linear feet of stream channel and 3.035 acres of wetlands to achieve the previously stated project purpose through the development of three parking decks and all associated infrastructure. There are 9 permanent stream impacts and 4 permanent wetland impacts associated with development of the Wilkinson Boulevard Parking Decks. Impacts have been identified on the site plan, which is enclosed for review (Figure 3). Permanent fill impacts associated with parking deck construction are listed in the tables below. Parking Deck Impacts Stream Wetlands • • Im act Linear Feet 2 74 4 332 5 27 6 131 9 156 10 10 11 934 12 432 13 300 Total 2,395 Impact Acreage 1 0.432 3 2.364 7 0.185 8 0.054 Total 3.035 10 0 6.0 DISCUSSION OF ALTERNATIVES This discussion of alternatives is submitted by the applicant to assist the Wilmington District, Corps in evaluating the application for authorization to discharge dredged or fill material into waters of the United States, including wetlands, under Section 404 of the Clean Water Act, 33 U.S.C. § 1344 at the Wilkinson Boulevard Parking Decks in Mecklenburg County, North Carolina. An analysis of the Section 404(b)(1) Guidelines (Guidelines) requirements for consideration of alternatives as required by 40 C.F.R. 230.10(a) is set forth below. The Guidelines' alternatives requirements provide that "no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences." [See 40 C.F.R. 230.10(a) (emphasis added).] The record must contain "sufficient information to demonstrate that the proposed discharge complies with the requirements of Section 230.10(a) of the Guidelines. The amount of information needed to make such a determination and the level of scrutiny required by the Guidelines is commensurate with the severity of the environmental impact (as determined by the functions of the aquatic resource and the nature of the proposed activity) and the scope/cost of the project." [See Corps/EPA Memorandum to the Field "Appropriate Level of Analysis Required for Evaluating Compliance with Section 404(b)(1) Guidelines Alternatives Requirements," p. 2, dated August 23, 1994, hereinafter the "Memorandum."] As noted in the Memorandum on pages 3-4, the 404(b)(1) Guidelines "only prohibits discharges when a practicable alternative exists which would have less adverse impact on the aquatic ecosystem." [See Memorandum.] "If an alleged alternative is unreasonably expensive to the applicant, the alternative is not practicable." [See Guidelines Preamble, "Economic Factors," 45 Federal Register 85343 (December 24, 1980).] Practicable alternatives for the project are those alternatives that are "available and capable of being done after taking into consideration costs, existing technology, and logistics in light of overall project purposes." [See 40 C.F.R. 230.10(a)(2).] Clarification is provided in the Preamble to the Guidelines on how cost is to be considered in the determination of practicability. An alternative site is considered "available" if it is presently owned by the applicant or "could reasonably be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed activity." 40 C.F.R. § 230.10(a)(2). The intent is to consider those alternatives, which are reasonable in terms of the overall scope and cost of the proposed project. The term economic [for which the term "costs" was substituted in the final rule] might be construed to include consideration of the applicant's financial standing, or investment, or market share, a cumbersome inquiry which is not necessarily material to the objectives of the Guidelines. 0 The Environmental Protection Agency (EPA) 404(b)(1) Guidelines state that, "we have is chosen instead to impose an explicit, but rebuttable presumption that alternatives to discharges in special aquatic sites are less damaging to the aquatic ecosystem, and are environmentally preferable." Of course, the general requirements that impacts to the aquatic system not be acceptable also applies. This presumption "...contains sufficient flexibility to reflect circumstances of unusual cases" (249 Fed. Reg., 85339, December 24, 1980). It is clear from these stipulations that a preferable alternative may allow filling in certain wetland areas and subsequent mitigation and/or management of other areas. 6.1 Avoidance The applicant was willing to considered sites other than the proposed project site for development of parking facilities at the airport. A set of criteria was developed to aid in the search for a site and ultimate selection of a site. 6.1.1 Site Criteria A. Location In order to meet the stated project purpose, it is imperative that the project be located within the immediate vicinity of the existing airport. This is necessary to minimize the distance patrons must travel to the airport; and decrease airport shuttle and transport cost. B. Holding Capacity The applicant desires to add an additional 10,000 parking spaces to the existing parking facilities. This many spaces will meet the demands of expected future parking needs at the airport. C. Site Accessibility The new parking facility needs to be easily accessible to airport patrons and employees. 6.1.2 Project Alternatives The project as proposed, along with two alternatives, were considered when determining the most practical alternative. A. No-Build The no-build alternative is not an option for the applicant. During the 2007 holiday season, airport parking was at 98% capacity for all spaces available to the public. The airport expects a 3-5% increase in parking needs each year. Extrapolating this percentage to the 2008 holiday season yields all public parking areas at maximum capacity. With parking needs increasing each year, additional parking facilities are needed to support additional parking demands. • 12 Because additional parking is an absolute necessity for the • successful continued operation of the airport, the no-build alternative is not the preferred practical alternative. B. Redevelopment of Existing Parking The applicant considered redevelopment of parking areas within existing parking facilities. There is the potential to convert single level surface lots to parking decks; however, a surplus of parking spaces would be needed for this to be a feasible option. In order for construction to occur at an existing lot, that lot would need to be closed to public parking for approximately two years for construction. Because airport parking will be at maximum capacity in winter of 2008, eliminating spaces only exacerbates the parking problem. Because there is no surplus of parking at the airport and closing down existing parking for construction of badly needed new parking is not practical, redevelopment of existing parking areas is not the preferred practical alternative. C. As-Proposed The project as proposed involves the construction of three parking decks, each with four levels, and each containing 3,200 spaces. • This proposal yields 9,600 total parking spaces upon completion of construction and does not require any existing public parking areas to be decommissioned during construction. Because parking demands will be met with this proposal without decommissioning existing public parking facilities for construction, the project as-proposed is the preferred practical alternative. 6.2 Minimization The applicant has minimized impacts to streams and wetlands by proposing parking decks. Three parking decks each with four levels will be utilized on site. Through the use of parking decks, the amount of land needed to support anticipated parking needs has been greatly reduced. Additionally, the project constitutes the redevelopment of a previously developed site. The site, prior to purchase by the airport, contained a mobile home park and all associated infrastructure. An old Bi-Lo Grocery store building and parking areas remain, as well. The two largest wetlands on site are comprised of old pond bottoms. These wetlands are not a natural feature in the landscape but instead the result of neglect and improper maintenance of the ponds on site. Streams and wetlands on site are in a highly urbanized area and are of low quality. • 13 6.3 Alternatives Conclusion This discussion of alternatives, together with the documents submitted by the applicant in support of the 404 Permit, shows that the project complies with the Guidelines. As this analysis clearly demonstrates the project is designed to avoid and minimize impacts to the site to the maximum extent practicable while maintaining a rational project design. n LJ 0 14 7.0 CONCEPTUAL MITIGATION PLAN Upon completion and implementation of all practical avoidance and minimization efforts, 2,395 linear feet of stream channel and 3.035 acres of wetland impacts associated with the development of the Wilkinson Boulevard Parking Decks are unavoidable. The stream that will be impacted at Impact 13 was determined to be non-mitigable during the on-site meeting held on June 10, 2008; therefore, 2,095 linear feet of stream channel will be mitigated. The following mitigation plan is provided in support of this permit application; the mitigation measures are described below. 7.1 NC Ecosystem Enhancement Program (EEP) The applicant proposes to mitigate for unavoidable impacts (2,095 linear feet of stream and 3.035 acres of wetlands) at a mitigation activity ratio of 2:1 through payment into the EEP in-lieu fee program and in association with "Expanded service area for mitigating impacts within the Lower Catawba River Basin (HUC 03050103)" guidance dated September 12, 2006. This guidance states: "Mitigation assets from this expanded service area can be used to meet compensatory mitigation requirements that EEP has already agreed to provide. However, mitigation assets should be debited at a 2:1 ratio compliant with previous guidance form the PACG on use of credits from adjacent cataloging units." By letter dated May 2, 2008, EEP has indicated they are willing to accept payment for impacts at the Wilkinson Boulevard Parking Decks project site. The acceptance letter is enclosed for review (Appendix B). 7.2 Summarv The applicant is proposing to mitigate for 2,095 linear feet of unavoidable stream impacts and 3.035 acres of unavoidable wetland impacts. The stream that will be impacted by Impact 13 was determined to be non-mitigable during the on-site meeting on June 10, 2008. Compensatory mitigation will be in the form of payment into the EEP. The tables below summarize the stream and wetland mitigation requirements for unavoidable impacts associated with the development of the Wilkinson Boulevard Parking Decks. • 15 Basic Mitigation Requirement - Streams Impact Linear Feet of Impact Compensatory Mitigation Ratio (x: l) Basic Mitigation Requirement 2 74 2 148 4 332 2 664 5 27 2 54 6 131 2 262 9 156 2 312 10 10 2 20 11 934 2 1868 12 432 2 864 Total Impacts 2,095 Total Mitigation Requirement 4,190 *2:1 ratio chosen based on Expanded Service Area guidance not stream quality. Basic Mitigation Requirement - Wetlands • Impact Acreage of Impact Compensatory Mitigation Ratio (x: l) Basic Mitigation Requirement 1 0.432 2 0.864 3 2.364 2 4.728 7 0.185 2 0.370 8 0.054 2 0.108 Total Impacts 3.035 Total Mitigation Requirement 6.070 2:1 ratio chosen based on Expanded Service Area guidance not wetland quality. The tables below summarize the stream and wetland mitigation proposed by the applicant for unavoidable impacts associated with the development of the Wilkinson Boulevard Parking Decks. Proposed Mitigation - Streams Stream Linear Feet of Type Mitigation Activity Ratio Total Mitigation (x:1) Credit EEP 4,190 Restoration 1 4,190 Total 4,190 4,190 Proposed Mitigation - Wetlands • Wetland Acreage of Mitigation Type Mitigation Activity Ratio (x:1) Total Credit EEP 6.25 Restoration 1 6.25 Total 6.25 6.25 16 8.0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES • The EPA interim regulations providing guidance for specification of deposit on sites for dredge and fill material were published on September 17, 1993, in 40 C.F.R. 230 per Section 404(b)l. Sub-Parts A through I pertain to dredge and fill permits, and apply to project sites similar to this project. Sub-Part D presents a summary of compliance criteria for the 404(b)(1) guidelines. This section references and defines practicable alternatives and indicates that a dredge and fill permit shall not be issued if practicable alternatives exist. Alternatives reviewed, detailed in Section 6.0, were assessed for compliance with 404(b)(1) guidelines. Additional EPA guidance is presented related to general regulatory criteria, wildlife value, and human health guidelines. The discharge of dredge and fill material is considered permittable under these guidelines if the discharge activity: does not contribute to violation of state water quality standards; does not violate toxic effluent standards; does not jeopardize the continued existence of species listed as threatened and endangered pursuant to the federal Endangered Species Act of 1973 and subsequent amendments; does not cause degradation to any marine sanctuaries; does not contribute to significant degradation of "waters of the United States;" does not adversely affect human health as it pertains to water supply; does not adversely impact wildlife, the food chain, and special aquatic sites; does not contribute to the discharge of pollutants that may affect the food web; does not have negative effects on the productivity of the aquatic is ecosystem, or their physical values; and does not have adverse impacts on recreation, aesthetic, or economic values. Additionally, the applicant is required to minimize potential adverse impacts on the aquatic ecosystem. 8.1 Factual Determination The Corps is required to determine both potential short-term and long-term effects of a proposed discharge of dredge and fill material on the physical, chemical, and biological components of an aquatic environment. 8.2 Potential Impacts on Physical and Chemical Characteristics of the Aauatic Ecosystem Sub-Part C of the 40 C.F.R. 230 guidelines lists six physical and chemical characteristics that must be assessed during the permit review, and the effects of which must be determined to be minimal on the aquatic ecosystem. 8.2.1 Substrate Fill material will be placed in jurisdictional streams and wetlands. Any discharge will consist of suitable fill material and will not include any trash, debris, car bodies, asphalt, etc. The fill material will also be free of toxic pollutants in toxic amounts. Proper sediment and erosion control devices will be installed prior to and during construction to ensure that the bottom elevation of remaining streams and wetlands on the property will • not change. 17 • 8.2.2 Suspended Particulate/Turbidity (Sediment and Erosion Control) During construction activities on the site, there may be a minimal increase in suspended particulates that may lead to increased turbidity downstream. However, the increase is anticipated to be minimal and temporary due to the installation and maintenance of proper sediment and erosion control measures during construction and shortly thereafter. 8.2.3 Water Quality The proposed discharge of dredge and fill material should not cause increased chemical contamination levels within the aquatic ecosystem. Specifically, changes in clarity, color, odor, and taste of water in addition to possible chemical contamination shall be minimized or reduced. All discharges of dredge and fill material will be controlled with sediment and erosion control measures. The applicant will be concurrently applying for a DWQ Water Quality Certification. 8.2.4 Current Patterns in Water Circulation The discharged fill material will modify current water circulation patterns by obstructing flow, changing direction or velocity of water, and changing velocity or flow of circulation in the channels proposed for relocation; • however, water circulation and patterns will be re-established in the stream channels and wetlands provided as mitigation. 8.2.5 Normal Water Fluctuations The discharge of fill material associated with this project is not anticipated to have any significant effect on the downstream hydrologic regimes. 8.2.6 Salinity Because this project is located inland and away from tidally influenced waters and wetlands, no modification to the salinity of on-site or adjacent waters is expected. 8.3 Potential Impacts to Biological Characteristics of the Ecosvstem Sub-Part D of the 40 C.F.R. 230 guidelines specifies three areas of concern in which disposal of dredge and fill material can affect the biological components of the ecosystem. These components are threaten and endangered species, fish, crustaceans, mollusks, other aquatic organisms in the food web, and wildlife. 8.3.1 Threatened or Endangered Species The FWS and the NHP were contacted regarding known or potential occurrences of federally listed threatened or endangered species or their critical habitats found within the Wilkinson Boulevard Parking Decks • project boundary. Four threatened and endangered species are known to occur or have the potential to occur in Mecklenburg County. The FWS 18 has indicated the presence of Schweinitz's sunflower in the vicinity of the project site. An office review of topographic maps and aerial photography, as well as, a pedestrian survey of the site concurrent with the wetland delineation indicated potential habitat for listed species; however, no individuals were observed. A comprehensive threatened and endangered species survey was conducted and a threatened and endangered species assessment has been prepared and is included as an attachment to this application (Appendix A). The report is a summary of studies conducted by CEC. The report describes habitats found on the 37- acre project site and addresses the potential for the site to support listed species. During completion of threatened and endangered species assessment for the Wilkinson Boulevard Parking Decks, no listed species were observed. It is the opinion of CEC that federally protected species are not likely to be present within the project boundary. As such, development of the proposed Wilkinson Boulevard Parking Decks is not likely to cause an adverse impact to any federally threatened or endangered species or their critical habitat. 8.3.2 Fishes, Crustaceans, Mollusks, and other Aquatic Organisms in the Food Web Discharges of dredge and fill material can alter the food web by impacting . animals such as invertebrates that make up the basis of a food chain. The release of contaminants or an increase in turbidity has the potential to negatively affect certain aspects of the food web. Such releases may also potentially increase the levels of exotic species. Impacts to primary food chain production within the waters of the US and wetlands will occur on the project site; however, food chain production will be re-establish over time in the streams and wetlands provided as mitigation. Net impacts to primary food chain production are expected to be minimal. 8.3.3 Other Wildlife The discharge of dredge and fill material has the potential to negatively effect breeding and nesting areas, escape cover, travel corridors, and preferred food sources for resident and migrant wildlife species. Although some evidence of wildlife usage was apparent on site, because the project area is within close proximity to an existing airport facility and the project involves the redevelopment of a previously developed site, wildlife habitat is minimal. Noise pollution, denuded vegetation, and anthropogenic activity make this area less desirable for resident and migrant wildlife. While a loss of wildlife habitat for wetland and stream- 0 19 dependent species may result from construction of the project, the • proposed mitigation will compensate for any minor loss of habitat. 8.4 Potential Impacts on Special Aquatic Sites Sub-Part E of the 40 C.F.R. 230 guidelines addresses considerations for potential impacts on special aquatic sites, which include: sanctuaries and refuges, wetlands, mud flats, vegetated shallows, coral reefs, and riffle-pool complexes. 8.4.1 Sanctuaries and Refuges The discharge of dredge and fill material has the potential to negatively effect adjacent sanctuaries and wildlife refuges by impacting water quality, decreasing wildlife habitat, increasing human access, and creating the need for frequent maintenance activity, resulting in the establishment of undesirable plant and animal species, which can change the balance of habitat type. There are no sanctuaries or refuges in the project vicinity; therefore, impacts to sanctuaries or refuges will not occur as a result of development of the Wilkinson Boulevard Parking Decks. 8.4.2 Wetlands The discharge of dredge and fill material has the potential to adversely effect wetlands including wetland substrate, hydrology, and vegetation. Discharges can lead to a loss of wetland values, such as wildlife habitat, flood storage, and groundwater recharge. The discharge. of fill material • will impact 3.035 acres of wetlands on site. The applicant will make payment into the EEP to compensate for unavoidable impacts to wetlands at the site. 8.4.3 Mud Flats Discharges of dredge and fill material has the potential to negatively effect mud flats that exist along inland lakes, ponds, and riverine systems. There are no mud flat communities within the project boundary; therefore, loss of these ecosystems will not occur as a result of development of the Wilkinson Boulevard Parking Decks. 8.4.4 Vegetated Shallows Vegetated shallows are permanently inundated areas that contain rooted aquatic vegetation. This type of habitat generally exists within estuarine and marine environments; and some freshwater lakes and rivers. No vegetated shallow habitats exist within the project boundary; therefore, no impacts to this ecosystem will occur as a result of development of the Wilkinson Boulevard Parking Decks. U 20 8.4.5 Coral Reefs Coral reefs typically exist within marine ecosystems. Coral reefs do not exist within the project boundary; therefore, no impacts to this ecosystem will occur as a result of development of the Wilkinson Boulevard Parking Decks. 8.4.6 Riffle-Pool Complexes Discharge of dredge and fill material into or upstream of riffle-pool complexes has the potential to negatively affect water quality and wildlife value. Fill in the form of culverts has the potential to be placed into riffle- pool complexes. Any permanent impact to riffle-pool complexes will be mitigated for through the proposed payment into the EEP. 8.5 Potential Effects on Human Use Characteristics Sub-Part F of the 40 C.F.R. 230 guidelines address potential effects on human use of wetlands and waterways. Factors including water supply, recreational and commercial fisheries, water-related recreation, aesthetics, and parks and similar preserves are considered within this portion of the guidelines. No effects on human use characteristics are anticipated as a result of the proposed development of the Wilkinson Boulevard Parking Decks. 8.5.1 Municipal and Private Water Supply The public water supply will not increase or decrease as a result of • proposed activities within the Wilkinson Boulevard Parking Decks project boundary. 8.5.2 Recreational and Commercial Fisheries Discharges of dredge and fill material has the potential to negatively effect recreational and commercial fisheries. Opportunity for recreational and commercial fisheries is not present on site. The amount and quality of recreational and commercial fisheries will not increase or decrease as a result of proposed activities with the Wilkinson Boulevard Parking Decks project boundary. 8.5.3 Water-Related Recreation Proposed activities within the Wilkinson Boulevard Parking Decks project boundary will not increase or decrease waterborne recreation within the project vicinity. 8.5.4 Aesthetics Aesthetically, the Wilkinson Boulevard Parking Decks will be no different from the other parking decks within the CDIA parking facility. The parking decks will be designed in an aesthetically pleasing manner that is consistent with the decks currently in place. The project is not expected to diminish the aesthetic value of the area or cause disharmony from an aerial or neighboring view. 21 8.5.5 Parks, National and Historical Monuments, National Beach Shores, Wilderness Areas, Research Sites, and Similar Preserves No areas as described above will be affected by the proposed development within the Wilkinson Boulevard Parking Decks project boundary. 8.6 Summary Based on the EPA guidelines identified within 40 C.F.R. 230, and enumerated herein, a number of potential environmental impacts have been presented and subsequently addressed. The proposed permanent impact to 2,395 linear feet of streams and 3.035 acres of wetlands will not cause any off site adverse impacts. Mitigation offered through payment in to the EEP will compensate for any on-site impacts. 0 22 9.0 PUBLIC INTEREST CONSIDERATIONS When reviewing this application, the Corps is required to consider the project in terms of the public interest. In considering the public interest, the Corps must evaluate the probable impacts of the project and evaluate the "benefits which reasonably may be expected to occur from the proposal against reasonably foreseeable detriments." In balancing these interests, the Corps must consider the public and private need for the proposed project, the practicability of using reasonable alternative locations, and the extent and permanence of the beneficial and/or detrimental impacts of the project. The Corps also considers the following public interest factors: conservation, economics, aesthetics, general environmental concerns, wetlands, historic and cultural resources, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and water quality, energy needs, safety, food and fiber production, mineral needs, and considerations of the property ownership. Pursuant to 33 C.F.R. 323.6, a determination that the project is not contrary to the public interest must be achieved before permit issuance. Public interest considerations are listed in 33 C.F.R. 320.4 (a)(1) and are discussed below. Furthermore, the Corps regulations state that a permit will be granted unless the district • engineer determines that it would be contrary to the public interest. The applicant has extensively evaluated these factors through the planning process and believes that the proposed project is clearly in the public interest. 9.1 Conservation The applicant is not proposing preservation as a component of the Wilkinson Boulevard Parking Decks project; however, those projects completed by the EEP in association with this project will be preserved in perpetuity. 9.2 Economics The project will provide an overall benefit to the local economy of Mecklenburg County. During and upon completion of construction of the parking decks, the site will provide job opportunities associated with the development and maintenance of the proposed parking decks. The appropriate economic evaluations have been completed and the project as proposed is economically viable. 9.3 Aesthetics Aesthetically, the Wilkinson Boulevard Parking Decks will be no different from the other parking decks within the CDIA parking facility. The parking decks will be designed in an aesthetically pleasing manner that is consistent with the decks currently in place. The project is not expected to 23 diminish the aesthetic value of the area or cause disharmony from an aerial or neighboring view. 9.4 General Environmental Concerns Other than stream and wetland impacts, proposed development activities within the Wilkinson Boulevard Parking Deck project boundary will have no significant identifiable impacts upon other environmental components. 9.5 Wetlands The discharge of dredge and fill material has the potential to adversely effect wetlands including wetland substrate, hydrology, and vegetation. Discharges can lead to a loss of wetland values, such as wildlife habitat, flood storage, and groundwater recharge. The discharge of fill material at the Wilkinson Boulevard Parking Decks project site will impact 3.035 acres of wetlands on site. 9.6 Historic Properties A desk review of the National Register of Historic Places records maintained by the SHPO indicates several historic properties in Charlotte. The majority of these properties are located in downtown Charlotte and not in the immediate vicinity of the Wilkinson Boulevard Parking Decks project area. The SHPO will be notified via Public Notice about the projects and will be given the opportunity to comment on the project and its potential affects on archaeological and cultural resources. A survey for cultural resources was conducted as a part of the final EIS completed in November of 1999 for the airport. As a result of the EIS and pursuant to 36 CFR 800.6(b)(1), the applicant entered into a MOA with the SHPO and the Federal Aviation Administration on January 6, 2000. 9.7 Fish and Wildlife Values Riparian and wetland areas provide habitat for many types of wildlife because of their diverse and productive plant communities, complex structure, and close proximity to surface water. Wildlife may be permanent residents of riparian and wetland areas or occasional visitors that use the areas for food, water, or temporary shelter. Food availability varies with the type of vegetation in riparian and wetland areas, but includes fruit, seed, foliage, twigs, buds, insects, and other invertebrates. Trees and shrub produce a variety of foods that are eaten by many animals and may be especially important sources of nutrition during the winter months. Grasses and herbaceous vegetation provide seeds and forage both within riparian and wetland areas and along the forest border. The stream environment provides moving water for many animals to • drink, feed, swim, and reproduce. Water is also available on the moist 24 vegetation and in wetlands that are often associated with riparian areas. These areas, both permanent and temporary, are especially important for amphibians and macro-invertebrates. Riparian and wetland areas provide a sheltered environment for many species of animals to feed, rest, and reproduce. Animals use these areas to seek shelter from extreme weather and to escape predators and human activity. Riparian and wetland areas may also provide important travel corridors for some species, and are frequently used as stop-over points for migratory birds. Although some evidence of wildlife usage was apparent on site, because the project area is within close proximity to an existing airport facility and the project involves the redevelopment of a previously developed site, wildlife habitat is minimal. Noise pollution, denuded vegetation, and anthropogenic activity make this area less desirable for resident and migrant wildlife. While a loss of wildlife habitat for wetland and stream- dependent species may result from construction of the project, the proposed mitigation should compensate for any lost functions and values. 9.8 Flood Hazards It is likely that some tributaries on the property will flood occasionally due to natural fluctuations in weather patterns that increase precipitation. The • activities taking place within the Wilkinson Boulevard Parking Decks project boundary are not expected to increase or decrease the natural rate of flooding at the site or downstream. 9.9 Floodplain Values Designated floodplains will not be impacted by activities within the Wilkinson Boulevard Parking Decks project boundary. Flood stages and frequencies should not increase or decrease as a result of the activities taking place within the Wilkinson Boulevard Parking Decks project boundary. 9.10 Land Use The proposed project will be in compliance with local zoning regulations and ordinances. The project is consistent with surrounding land use and development. 9.11 Navigation All tributaries within the Wilkinson Boulevard Parking Decks project boundary are tributaries to Coffey Creek. Coffey Creek flows into Sugar Creek, which is a tributary to the Catawba River. The Catawba River is a navigable-in-fact water at the Mountain Island Lake Dam north of Lake Wylie. Activities proposed within the Wilkinson Boulevard Parking • Decks project boundary are not likely to effect navigation. 25 9.12 Shore Erosion and Accretion The project should have minimal effects on erosion and runoff. An erosion control plan will be implemented as part of the construction plan for the project. During the construction process, BMPs will be followed. These BMPs may include the construction of swales, erosion and sediment control structures, turbidity barriers, and other measures that will prevent sediment transport off the project site and into other waters. Use of devices such as silt screens, staked hay bales, temporary grassing, wind rowing of vegetation, and other mechanisms to prevent turbidity may be employed. 9.13 Recreation Proposed activities within the Wilkinson Boulevard Parking Decks project boundary will not increase or decrease waterborne recreation on site or in the project vicinity. 9.14 Water Supply and Conservation The public water supply will not increase or decrease due to proposed activities within the Wilkinson Boulevard Parking Decks project boundary. 9.15 Water Quality (Stormwater Management) The stormwater management plan for this site will be reviewed and approved under the City of Charlotte NPDES Phase 2 Program. The applicant will be obtaining the necessary local approvals for their stormwater management plan from the City of Charlotte. Following local government approval, a copy of the approved stormwater management plan will be submitted to DWQ. The applicant will be concurrently applying for a NC Division of Water Quality Water Quality Certification. 9.16 Enemy Needs Activities taking place within the Wilkinson Boulevard Parking Decks project boundary, during construction and at full operation, are not expected to significantly increase energy demands beyond the capacity of the local facility. Energy will not be produced as a result of the proposed activities within the Wilkinson Boulevard Parking Decks project boundary. 9.17 Safety The proposed project will be designed with the maximum possible considerations for public safety. The proposed activities within the Wilkinson Boulevard Parking Decks project boundary will not increase or decrease public safety. • 26 9.18 Food and Fiber Production The proposed activities within the Wilkinson Boulevard Parking Decks project boundary will not increase or decrease food and fiber production. 9.19 Mineral Needs The project fulfills no current mineral needs. No mining activities are proposed as part of the development of the Wilkinson Boulevard Parking Decks. 9.20 Considerations of Property Ownership The applicant owns the property proposed for development and has the inherent right to develop the land in a reasonable and responsible manner, which includes adhering to all Federal, State, and local regulations. Property Owner of Record: Charlotte Douglas International Airport Post Office Box 19066 Charlotte, North Carolina 28219 9.21 Needs and Welfare of the Public The project will positively address the needs and welfare of the public by providing additional parking facilities at the Charlotte-Douglas International Airport in Mecklenburg County, North Carolina. • 27 10.0 SECONDARY AND CUMULATIVE EFFECTS • The Wilkinson Boulevard Parking Decks project site is located within the Catawba River Subbasin 03-08-34. Approximately 52 percent of this subbasin is forested and the total land mass includes approximately 317 square miles (202,808 acres). The Wilkinson Boulevard Parking Decks project site is comprised of approximately 37 acres (0.6 square miles). All of the land mass for the Wilkinson Boulevard Parking Decks project site accounts for less than 0.01 percent of the land mass of the basin. These percentages alone, limit significant cumulative effects on the watershed. The City of Charlotte is the most heavily urbanized region of the basin and the state. Continued and future development of the watershed is independent of activities proposed within the Wilkinson Boulevard Parking Decks project boundary. Impacts within the Wilkinson Boulevard Parking Decks project boundary include the installation of culverts, placement of fill, and construction of three parking decks and associated infrastructure. This project includes the redevelopment of a previous developed site. Stream and wetland fills are necessary for the development of the site. Minimization activities, such as the use of parking decks as opposed a single level surface lot, have lessened impacts associated with expansion of parking facilities and their effects cumulatively on the watershed will be minimal. U 28 11.0 SUMMARY 40 The development of the Wilkinson Boulevard Parking Decks involves the installation of culverts, placement of fill, and construction of three parking decks and associated infrastructure. Alternatives have been evaluated and the project "As-Proposed" is the least damaging practical alternative. Potential impacts to the physical and chemical characteristics of the ecosystem, biological characteristic of the ecosystem, impacts on special aquatic sites, and potential effects on human use characteristics will be minimal. The project is not contrary to the public interest and will aid in the continued growth of the Charlotte-Douglas International Airport and Mecklenburg County. • 29 CDIA, Wilkinson Boulevard Parking Decks Mecklenburg County, North Carolina 0 k ® 2008 MtapOuest CLEARWATER Environmental Consultants, Inc. 718 Oakland Strect I Icndersonville, NC 28791 .o ^YTEO cN TeleRllas Site Vicinity Map MapQuest Figure 1 1 71 - e00 m 0 2400 it CDIA, Wilkinson Boulevard CLEARWATER Parking Decks Environmental Consultants, Inc. USGS Topographic Map Mecklenburg County, 718 Oakland Street Charlotte West Quad North Carolina Hendersonville, NC 28791 Figure 2 828-698-9800 5 g 'gz'gZAinr :03nssi 31VG :31voS psw'pNg uosuWllM uo s,aaG Bullied posodwApNg U-1411M uO SNOBO Bullied pasodojd,spuel~ A'PON 311d lUOJVlV 1VNOIlVNM31Nl j0 a '.Ag 03N03H0 se gno a o Je azn?t? f tl31 AgNMVtlO S)1030 ONI)fdVd 03SOdOdd A8 o310b'dWl I d• I 47 4 Z ON 103f0ad p 1HS Mn •^ °y^c?^., .n.? 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Sc+i Vac u?sv Special Line Featwes Sourceof Map: Nalural Resources Conservalson Service Special Point Features _ G. .Itv %Aoeb Soil Survey U RL: ht1p:,;'v.•eb Tio iiS iJrYA'Y.r7r?s.u9da.gaY k1V Coordit ale System: UTMd Zone 17N ® This product is generated frornthe USDA-MRCS osrlified data as of - aver the vers.ian date(s) listed below. Political Features Soil Survey Area: M.%cklerrburg County, North Carolina Ctised 7e;:^e.:cri Municipalities Survey Area Dala: 'Jerson 8, May 7, 2007 X Gra rd R! ` Z4te8 Datet.si aerial images were photographed: 1993 Gravelly S" n «ri.Are9 The orlhophoto orother base map on wtkh the soiiikres were _aridtil Wafer Features comp4k3d and digitized proba* differs from the background - ? imagery displayed on these maps. Asa result, some minorshhng _?^ of rrap unrl bourriares may be evrfent 4L 1ra,si ,.- 57eri- and Cafla V . r ^, Jam., ` Transportation ? Wsc(rl8riexiUS i'ia;e'• R oad s Q ?C€enfll? lt?.l!fS a/`? Fi?ri*iziee F14f1'Ma W`+ y Rcx? 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CDIA Mecklenburg County, North Carolina CLEARWATER Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 828-698-9800 USDA Soil Survey Legend Figure 4b • Threatened and Endangered Species Assessment for the Charlotte-Douglas International Airport Wilkinson Boulevard Parking Decks May 28, 2008 (revised) • For: Mr. Ike Reeves Charlotte-Douglas International Airport Mecklenburg County, North Carolina By: C1earWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, North Carolina 28791 • 1.0 INTRODUCTION The following report includes methods used and results for a threatened and endangered species survey and habitat assessment for the proposed 37-acre Charlotte-Douglas International Airport (CDIA), Wilkinson Boulevard Parking Decks project area. The threatened and endangered species survey was conducted to determine the occurrence of or potential for the occurrence of federally listed threatened or endangered animal and plant species on the proposed project site. Completion of this survey was directed by and complies with three current state and federal regulations: the Federal Endangered Species Act of 1973 (16 USC 1531-1543), the North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and the North Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12-22). The referenced site is located southwest of the intersection of Wilkinson Boulevard and Harlee Avenue west of downtown Charlotte in Mecklenburg County, North Carolina. A site vicinity map and USGS topographic map are included for review (Figures 1 and 2). 2.0 METHODOLOGY A protected species survey was conducted within the project area on November 6, and November 19, 2007 by Clearwater Environmental Consultants, Inc. (CEC) to determine the potential for occurrences of federally listed threatened and endangered animal and plant species. • Specific information was obtained from the US Fish and Wildlife Service FWS and NC Natural Heritage Program (NHP) regarding existing data concerning the presence or potential occurrence of threatened or endangered species in Mecklenburg County, North Carolina. The FWS lists the following four federally threatened and endangered species as occurring or potentially occurring in Mecklenburg County. The species listed below were included in the surveys and assessment. A complete list of query data is included for review (Appendix A). Common Name Scientific Name Status Carolina heelsplitter Lasmigona decorata Endangered Michaux's sumac Rhus michauxii Endangered Schweintz's sunflower Helianthus schweinitzii Endangered smooth coneflower Echinacea laevigata Endangered 3.0 HABITAT CLASSIFICATION The protected species audit consisted of a pedestrian survey. During field surveys, six general habitats were identified and compared with recognized habitats for each of the four species potentially occurring on the site. Potential fauna were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. Plants were identified to the lowest taxonomic level readily discernible in the field during the time of the survey. P_.? • During the site visits, the following six habitat types were identified within the project boundary: early successional road-cut edge, open canopy oak-hickory woods (50 years), closed canopy oak-hickory woods (30-50 years), bottomland hardwood forest, riparian forest, and semi-permanent impounded wetlands. The following is a summary of each of the six habitat types identified on site. A complete list of plant species observed on site is attached for review (Appendix B). 3.1 Early Successional Road-Cut Edge This anthropogenic habitat was created by the bush-hogging and mowing of land adjacent to existing roads on the project site. Tree saplings observed in this community included black locust (Robinia pseudoacacia), loblolly pine (Pinus taeda), mimosa (Albizia julibrissin), redbud (Cercis canadensis), red maple (Acer rubrum), and sweetgum (Liquidambar styraciflua). Shrub species observed in this community included Chinese privet (Ligustrum sinense), groundsel (Baccharis halimifolia), and winged sumac (Rhus copallinum). Herbaceous species observed in this community included broomsedge (Andropogon virginicus), bush clover (Lespedeza cuneata), bushy bluestem (Andropogon glomeratus), Canada goldenrod (Solidago canadensis), curly-top gumweed (Grindelia squarrosa), dallis grass (Paspalum dilatatum), evening primrose (Oenothera biennis), Johnson grass (Sorghum halepense), partridge pea (Chamaecrista fasciculata), softstem rush (Juncus effusus), and tall fescue (Festuca arundinacea). Photographs of this community are attached for review (Appendix C, Photos 1 and 2). Impact to this habitat is not likely to affect listed i species. 3.2 Open Canopy Oak-Hickory Woods (50 years) This is a mesic habitat that contains a mixture of hardwood and pine species. Trees have been thinned and the canopy is open, allowing a diverse lower canopy to form. Trees observed in this community included mockernut hickory (Carya tomentosa), post oak (Quercus stellata), and sweet pignut hickory (Carya glabra). Shrubs observed in this community included Chinese privet, multiflowered rose (Rosa multiflora), and winged sumac. Vines observed in this community included English ivy (Hedera helix), poison ivy (Rhus radicans), roundleaf catbriar (Smilax rotundifolia), and trumpet creeper (Campsis radicans). A photograph of this community is attached for review (Appendix C, Photo 3). Impact to this habitat is not likely to affect listed species. 3.3 Closed Canopy Oak-Hickory Woods (30-50 years) This mesic habitat is composed of hardwood and conifer species 30 to 50 years in age. Tree species observed in this community included black gum (Nyssa sylvatica), Canada hemlock (Tsuga canadensis), cherrybark oak (Quercus pagoda), flowering dogwood (Corpus florida), loblolly pine, mockernut hickory, northern red oak (Quercus rubra), red elm (Ulmus rubra), southern red oak (Quercus falcata), sugar maple (Acer saccharum), sweet pignut hickory, Virginia pine (Pinus virginiana), and willow oak (Quercus phellos). Vines observed • include muscadine grape (Vitis rotundifolia), roundleaf catbriar, and Virginia creeper (Parthenocissus quinquefolia). Herbaceous species observed in this community included bush aster (Aster dumosus), cranefly orchid (Tipularia discolor), grape fern (Botrychium virginianum), bigleaf periwinkle (Vinca major), and spotted wintergreen (Chimaphila maculatum). Photographs of this community are attached for review (Appendix C, Photos 4 and 5). Impact to this habitat is not likely to affect listed species. 3.4 Bottomland Hardwood Forest This mesic to moist habitat is located in the lower elevations of the property adjacent to the stream channels. Depressions and hummocks create microtopography with a dense overcanopy of hardwood trees. Tree species observed in this community included fourwing silverbell (Halesia tetraptera), green ash (Fraxinus pensylvanicum), hackberry (Celtic laevigata), red maple, silver maple (Acer saccharinum), and tulip poplar (Liriodendron tulipifera). Shrub species observed in this community included Drumond's dogwood (Cornus drummondii), elderberry (Sambucus canadensis), multiflowered rose, silky dogwood (Cornus amomum), spicebush (Lindera benzoin), and strawberry bush (Euonymus americanus). Herbaceous species observed in this community included Japanese stiltgrass (Microstegium vimineum) and spotted wintergreen. Impact to this habitat is not likely to affect listed species. 3.5 Riparian Forest • This habitat is varied and contains mesophytic and hydrophytic plants. Several streams flow through the site, while other unnamed tributaries have their origins in seeps and springs on site. Tree species observed along the stream banks in this community included bitternut hickory (Carya cordiformis), red maple, river birch (Betula nigra), silver maple, and sycamore (Platanus occidentalis). Shrub species observed in this community included Chinese privet, spicebush, and tag alder (Alnus serrulata). Herbaceous species observed in this commnity included cutleaf coneflower (Rudbeckia laciniata), jumpseed (Polygonum virginianum), and stiltgrass. A photograph of this community is attached for review (Appendix C, Photo 6). Impact to this habitat is not likely to affect listed species. 3.6 Semi-Permanent Impounded Wetlands This manmade habitat includes two abandoned ponds. Beaver are now present at this location and are affecting hydrology and vegetation. Tree species observed in this community included red maple, black willow (Salix nigra), silky willow (Salix sericea), and river birch. Shrub species observed in this community included buttonbush (Cephalanthus occidentalis), rattlebush (Sesbania drummondii), silky dogwood, swamp hibiscus (Hibiscus moscheutos), and tag alder. Herbaceous species observed in this community included barnyard grass (Echinochloa crus-galli), fringed sedge (Carex crinita), nutsedge (Cyperus strigosus), pointed broom sedge (Carex scoparia), shallow sedge (Carex lurida), softstem bulrush (Scirpus validus), wool grass (Scirpus cyperinus), ironweed (Vernonia sp.), and broadleaf arrowhead (Sagittaria latifolia). The herbaceous • layer is dominant in this community. Photographs of this community are attached for review (Appendix C, Photos 7 and 8). Impact to this habitat is not likely to affect listed species. 4.0 SOILS The Wilkinson Boulevard Parking Decks project area is located within the Piedmont physiographic region of North Carolina and more specifically the Southern Outer Piedmont Ecoregion. On-site soils have been mapped by the Natural Resources Conservation Services. Soil series present on site include: Cecil, Cecil-Urban Land complex, Mecklenburg-Urban Land complex, Urban Land, and Water. A soils map and legend have been attached for review (Figure 3). 5.0 LISTED SPECIES AND ACKNOWLEDGED HABITATS The following is a brief description of each listed species included in the survey, its recognized habitat, and comments regarding survey results for that species. 5.1 Carolina Heelsplitter The Carolina heelsplitter (Lasmigona decorata) is federally listed as an endangered species in North Carolina. The Carolina heelsplitter is a medium sized mussel that prefers shaded areas either in ponded portions of small streams or in runs along steep banks with a moderate current. Historically, the species was reported from small to large streams and rivers, as well as ponds. The "ponds" referred to in • historic records are believed to have been millponds on some of the smaller streams within the species' historic range. Presently, the species is known to occur in only six small streams and one small river. Primary habitat is waters less than three feet deep with soft mud, muddy sand, or sandy gravel substrate. The on-site perennial and intermittent streams are highly disturbed and are not likely to provide suitable habitat for the Carolina heelsplitter. It is the opinion of CEC that this project is not likely to affect Carolina heelsplitter. 5.2 Michaux's Sumac Michaux's sumac (Rhus michauxii) is federally listed as an endangered species in North Carolina. This plant is found in sandy or rocky, open woods in association with basic soils, usually on ridges that have been disturbed through clearing. This plant survives best in areas where some form of disturbance has provided an open area. Eleven of the plant's 16 remaining populations are on highway rights-of- way, roadsides, or on the edges of artificially maintained clearings. Two other populations are in areas with periodic fires, and two more populations exist on sites undergoing natural succession. One population is situated in a natural opening on the rim of a Carolina Bay. Nearly the entire site has medium acidic to very acidic soil that is not typically suitable for Michaux's sumac. Additionally, areas with dense canopy and • understory vegetation are not suitable for this species. The early successional • road-cut edge, the most suitable habitat for Michaux's sumac, was surveyed; however, the species was not observed. It is the opinion of CEC that this project is not likely to affect Michaux's sumac. 53 Schweinitz's Sunflower Schweinitz's sunflower (Helianthus schweinitzii) is federally listed as an endangered species in North Carolina. This plant species is found within prairie remnants, wood edges, utility line easements, and road rights-of-way. Clay soils and high gravel content are preferred. Some form of disturbance such as fire is necessary to maintain open habitat for this species. This species is commonly associated with other disturbed area species such as, winged sumac, goldenrod, blackberry, redbud, scrub oaks, wild grapes, and broom sedge. The plant is a perennial herb with a tuberous root system. It has one to several hairy and scabrous stems that are up to ten feet tall. Leaves are opposite, with the uppermost leaves being alternate. Flowers are yellow discs with a greenish yellow or yellow center; flowering occurs from September through October. The early successional road-cut edge, the most suitable habitat for Schweinitz's sunflower, was surveyed; however, the species was not observed. It is the opinion of CEC that this project is not likely to affect Schweinitz's sunflower. 5.4 Smooth Coneflower • Smooth coneflower (Echinacea laevigata) is federally listed as an endangered species in North Carolina. This species is a rare plant found in meadows, open woods, cedar barrens, roadsides, clear cuts, dry limestone bluffs, and power line rights-of-way, usually on magnesium and calcium-rich soils associated with gabbro (in North Carolina and Virginia) and diabase (in North Carolina and South Carolina). Optimal sites are characterized by abundant sunlight and little competition in the herbaceous layer. Natural fires, as well as large herbivores, are part of the history of the vegetation in this species' range; many of the associated herbs are also sun-loving species, which depend on periodic disturbances to reduce the shade and competition of woody plants. Nearly the entire site has medium acidic to very acidic soil that is not typically suitable for smooth coneflower. Additionally, areas with dense canopy and understory vegetation are not suitable for this species. The early successional road-cut edge, the most suitable habitat for smooth coneflower, was surveyed; however, the species was not observed. It is the opinion of CEC that this project is not likely to affect smooth coneflower. 0 6.0 CONCLUSIONS During completion of the threatened and endangered species habitat assessments for the Charlotte-Douglas International Airport, Wilkinson Boulevard Parking Decks project area, no listed species were observed. It is the opinion of Clearwater Environmental Consultants, Inc. that federally and state protected species are not likely to be present within the project area. As such, construction of the proposed Wilkinson Boulevard Parking Decks is not likely to cause an adverse impact to any threatened or endangered species or their critical habitat. Although no federally listed threatened and endangered species were identified during these surveys, because of the transitory nature of some of the listed threatened and endangered species and the particular flower and fruiting periods of some plants, it is possible that endangered species populations and locations may change over time. Therefore, any potential findings at a later date should be fully investigated and coordinated with appropriate agencies to prevent potential adverse impacts. • 9 0 7.0 RESOURCES Barden, L.S. 1997. Historic Prairies in the Piedmont of North and South Carolina, USA. Natural Areas Journal 17: 149-152. Franklin, M.A., and J.T. Finnegan. 2006. Natural Heritage Program List of Rare Plant Species of North Carolina. The N.C. Department of Environment and Natural Resources. Raleigh, N.C. 136 pp. Radford, A. E., H. E. Ash] es and C.R. Bell. 1964. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press. Chapel Hill, NC. 1183 PP. Schafale, M.P., and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: third approximation. North Carolina Natural Heritage Program Division of Parks and Recreation. North Carolina Dept. of Environment, Health, and Natural Resources. 325 pp. United States Fish and Wildlife Service, Threatened and Endangered Species of North Carolina. Species accounts at <hq //www.fws. ?ov/nc-es/es/count fr html>. North Carolina Natural Heritage Program, county element search results. Species accounts at <http://149.168.1.196/nhp/find php>. • MA'POZOEST a 0 2008 MnpQuest CLEARWATER CDIA, Wilkinson Boulevard Environmental Consultants. Inc. Site Vicinity Map Parking Decks 718 Oakland Street Figure 1 Mecklenburg County, NC I lendersonville, NC 28791 828-698-9800 CDIA, Wilkinson Boulevard Parking Decks Mecklenburg County, NC CLEARWATER Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 828-698-9800 USGS Topographic Map Charlotte West Quad Figure 2 11 CDIA, Wilkinson Boulevard Parking Decks Mecklenburg County, NC CLEARWATER Environmental Consultants, Inc. 718 Oakland Street Hendersonville. NC 28791 828-698-9800 USDA Soil Survey Figure 3a MAP LEGEND MAP INFORMATION Atom of Interest tA011 Vary 2aly Sour Orylnai so iisurvey map sheets were prepared at pubhcatlon scale. 4rea d Merev.. yAO1: W Si Viewing state and printing scale, however, tray 'vary from the e! nd. orgrnat. Please rely on the ba' sca're on each map sheet for proper Soils A 071v ^•ap measurements. S.. ,. 4+aa Lrri? Special Lim Features Source of Map: Nalura+ Resources Conservalion Service Special Point Features Loeb Soil Survey URL• htlp:rrw'ebso !+5 Jr'Wy.n rCS.iJ9da.g0'4 S cnw Coordinate System: U7M Zone 17N ® 3c!rt:w n "his product is generated fromihe USDA-NRCS certified data as of X guy Spc^ Jz1? the version dais Is) listed below. Political Features Sod Survey Are a: Mecklenburg County, North Carolina Municipalities Survey Area Bala: Version 8, May 7, 20D7 X Grave! tit 0 ;Ices Dale(5) aer;a' irrages were photographed: 1993 . Gravelly Soot E rt sl Are fi The orthophoto orolher base map on which the soil lines were Q -andRl Water Features comptled and digitized probably differs from the background Oc:e:tis imagery drspleyed on these craps. As a resull., some rninorshhng of reap uni boundaries may be evident 'j & 47.1r1'I .'ti? -17C31 'r5 an[t ?.9flaK3 IR V-le air OuarrY Transportation © W,sCelenaaus Wata- Road s d Pererima %%!er .ti/ ki;er3.Sa hicjlwrlys ., r« ova= - ?S Ftcute? + Saline Spa•. S'm3e Highways Sarcly SVC-. /rr -ocal Fkwds Severely Eroded 5c Other Roads d ,;?niulda Slide a Slip ¢f Scdic Spat w Saul Area Q Sk:rtVSpek' Map Unit Legend Mecklenburg County, North Carolina 1NC119f Map Unit Symbol Map Unit Name Acres In AOI Percent of AOI soy&S. e'ocr:: efJ1 sa-icy _ ay oa'rt. 8 z - _IE'C e':t 50:es, e'ocec i com z- ex, z i V: e5 Vq To*as fo' A'ea of 1^,le esl;A0 I ;&p I CDIA, Wilkinson Boulevard Parking Decks Mecklenburg County, NC CLEARWATER Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 USDA Soil Survey Legend Figure 3b • APPENDIX A FWS and NHP Data • 9 NC NHP County Element Search Page 1 of 2 NC NHP County Element Search Results New Search j Returned Elements: 53 using: MECKLENBURG ALL [Animal Assemblage 1] [Invertebrate Animal 7] [Natural Com munity 7] [Nonvascula r Plant 3] [Vascular Plant 27] [Vertebrate Animal 8] Major Group Scientific Name Common Name State Federal State Global County - Map - Status Status Rank Rank Status Habitat Animal Colonial Wading Bird Colony Assemblage None None None S3 GNR Mecklenburg Link - Current - Invertebrate Alasmidontarobusta Animal Carolina Elktoe EX None SX G1Q Mecklenburg Link - Historical - Invertebrate Gomphus abbreviatus Animal Spine-crowned Clubtail SR None S3? G3G4 Mecklenburg Link - Obscure - Invertebrate Lasmigona decorata Animal Carolina Heelsplitter E E S1 G1 Mecklenburg Link - Historical Invertebrate Strophitus undulates Animal Creeper T None S2 G5 Mecklenburg Link - Current Invertebrate Triaenodes marginatus Animal A Triaenode Caddisfly SR None S3 G5 Mecklenburg Link - Current Invertebrate Villosa delumbis Animal Eastern Creekshell SR None S3 G4 Mecklenburg Link - Current Invertebrate Villosa vaughaniana Animal Carolina Creekshell E FSC S2 G2 Mecklenburg Link - Current Natural Basic mesic forest (piedmont Community subtype) None None None S2 G5T3 Mecklenburg Link - Current Natural Basic oak--hickory forest Community None None None S3 G4 Mecklenburg Link - Current Natural Dry-mesic oak--hickory forest Community None None None S5 G5 Mecklenburg Link - Current Natural Mesic mixed hardwood forest Community (piedmont subtype) None None None S4 G5T5 Mecklenburg Link - Current Natural Piedmont/low mountain alluvial Community forest None None None S5 G5 Mecklenburg Link - Current Natural Upland depression swamp Community forest None None None S3 G3 Mecklenburg Link - Current Natural Xeric hardpan forest Community None None None S3 G3G4 Mecklenburg Link - Current Nonvascular Dichelyma capillaceum Plant Hair Claw Moss SR-P None S1? G5 Mecklenburg Link - Historical Nonvascular Fissidens scalaris Plant A Plume Moss SR-O None SH GNR Mecklenburg Link - Historical Nonvascular Rhachithecium perpusillum Plant Budding Tortula SR-D None S1S2 G4G5 Mecklenburg Link - Historical Vascular Anemone berlandieri Plant Southern Anemone SR-P None S2 G4? Mecklenburg Link - Historical Vascular Anemone caroliniana Plant Prairie Anemone SR-P None S1 G5 Mecklenburg Link - Current Vascular Baptisia albescens Plant Thin-pod White Wild Indigo SR-P None S2 G4 Mecklenburg Link - Historical Vascular Botrychium jenmanii Plant Alabama Grape-fern SR-P None S2 G3G4 Mecklenburg Link - Historical Vascular Cardamine dissecta Plant Dissected Toothwort SR-P None S2 G4? Mecklenburg Link - Historical Vascular Carex baileyi Plant Bailey's Sedge SR-P None S2 G4 Mecklenburg L ink - Historical Vascular Carex projecta lant Necklace Sedge SR-P None S1 G5 Mecklenburg L ink - Historical Vascular Cirsium carolinianum Plant Carolina Thistle SR-P None S2 G5 Mecklenburg L ink - Current http:// 149.168.1.196/nhp/find.php 11/9/2007 NC NHP County Element Search Page 2 of 2 Vascular Delphinium exaltatum Tall Larkspur E-SC FSC S2 G3 Mecklenburg Link Plant - Historical - Vascular Desmodium sessilifolium Sessile Tick-trefoil SR-P None SH G5 Mecklenburg Link Plant - Historical - Vascular Plant Dichanthelium annulum A Witch Grass SR-P None SH GNR Mecklenburg Link - Historical - Vascular Dodecatheon meadia var. Eastern Shooting-Star SR-P None S2 G5T5 Mecklenburg Link Plant meadia - Historical Vascular Plant Echinacea laevigata Smooth Coneflower E-SC E S1 G2 Mecklenburg Link - Current Vascular Plant Eurybia mirabilis Piedmont Aster SR-T FSC S2 G2G3 Mecklenburg Link - Current - Vascular Plant Helianthus schweinitzii Schweinitz's Sunflower E E S3 G3 Mecklenburg Link - Current - Vascular Plant Hexalectris spicata Crested Coralroot SR-P None S2 G5 Mecklenburg Link - Historical - Vascular Plant flex longipes Georgia Holly SR-P None S1 G5 Mecklenburg Link - Current Vascular Plant Lotus helleri Carolina Birdfoot-trefoil SR-T FSC S3 G3 Mecklenburg Link - Current - Vascular Plant Matelea decipiens Glade Milkvine SR-P None S2 G5 Mecklenburg Link -Current - Vascular Oligoneuron rigidum var. Southeastern Bold SR-P None S2 G5T4 Mecklenburg Plant labratum g Goldenrod -Historical Link - Vascular Plant Parthenium auriculatum Glade Wild Quinine SR-T None S2 G3? Mecklenburg Link -Current Vascular Plant Pseudognaphalium helleri Heller's Rabbit-Tobacco SR-P None S3 G3G4 Mecklenburg Link -Current - Vascular Plant Rhus michauxii Michaux's Sumac E-SC E S2 G2G3 Mecklenburg Link - Current - Vascular Plant Silphium perfoliatum Northern Cup-plant SR-P None S1 G5 Mecklenburg Link - Current Vascular Plant Silphium terebinthinaceum Prairie Dock SR-P None S2 G4G5 Mecklenburg Link -Current - Vascular Symphyotrichum georgianum Georgia Aster (=Aster T C S2 G2G3 Mecklenburg Li k Plant georgianus) - Current n Vascular Thermopsis mollis Appalachian Golden- SR-P None S2 G3G4 Mecklenburg Li k Plant banner . - Historical n Vertebrate Animal Carpiodes sp. cf velifer A carpsucker SC None S1 GNR Mecklenburg Link - Current --- Vertebrate Condylura cristata pop. 1 Star-nosed Mole - Coastal SC None S2 G5T2Q Mecklenburg Li k Animal Plain Population - Historical n Vertebrate Animal Crotalus horridus Timber Rattlesnake SC None S3 G4 Mecklenburg Link - Current - Vertebrate Animal Cyprinella zanema Santee Chub SR None S3 G4 Mecklenburg Link - Current -- Vertebrate A i l Etheostoma collis pop. 1 Carolina Darter - Central SC FSC S3 G3T3Q Mecklenburg Link n ma Piedmont Population - Current - Vertebrate Animal Haliaeetus leucocephalus Bald Eagle T T S3B,S3N G5 Mecklenburg Link - Current - Vertebrate Animal Lanius ludovicianus Loggerhead Shrike SC None S3B,S3N G4 Mecklenburg Link - Current Vertebrate Animal Lasiurus intermedius Northern Yellow Bat SR None SU G4G5 Mecklenburg Link - Current - NC NHP database updated on Monday, July 2nd, 2007. Search per formed on Friday, 9 Novem ber 2007 @ 08:12:23 EST Explanation of Codes I* http:// 149.168.1.196/nhp/find.php 11/9/2007 Mecklenburg County Endangered Species, Threatened Species,Federal Species of Concer... Pagel of 2 Mecklenburg County, North Carolina Updated: 05-10-2007 Common Name Vertebrate: American eel Bald eagle Carolina darter Invertebrate: Carolina creekshell Carolina heelsplitter Vascular Plant: Dwarf aster Georgia aster Michaux's sumac Prairie birdsfoot-trefoil Schweinitz's sunflower Shoals spiderlily Smooth coneflower Tall larkspur Nonvascular plant: Lichen: Scientific name Anguilla rostrata Haliaeetus leucocephalus Etheostoma collis collis Villosa vaughaniana Lasmigona decorata Eurybia mirabilis Symphyotrichum georgianum Rhus michauxii Lotus unifoliolatus var. helleri Helianthus schweinitzii Hymenocallis coronaria Echinacea laevigata Delphinium exaltatum Federal Record Status Status FSC Current T Current FSC Current FSC Current E Historic FSC Current C Current E Current FSC Current E Current FSC Probable/potential E Current FSC Historic Definitions of Federal Status Codes: E = endangered. A taxon danger of extinction throughout all or a significant portion of its range." - threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." P = proposed. A taxon proposed for official listing as endangered or threatened. http://www.fws.gov/nc-es/es/entylist/meeklenburg.htm] 11/9/2007 Mecklenburg County Endangered Species, Threatened Species,Federal Species of Concer... Page 2 of 2 C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) A&SC = federal species of concern. A species under consideration for listing, for which there is insufficient information to support listing at this time. These species may or may not be listed in the future, and many of these species were formerly recognized as "C2" candidate species. T(S/A) = threatened due to similarity of appearance. A species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. Definitions of "Record Status" qualifiers: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. • • http://www.fws.gov/nc-es/es/entylist/meeklenburg.html 11/9/2007 • 0 Acer negundo Acer rubrum Acer saccharinum Albizia julibrissin Alnus serrulata Ambrosia artemisiifolia Andropogon virginicus Aster dumosus Baccharis halimifolia Betula nigra Bidens aristosa Botrychium virginianum Campsis radicans Cardamine pensylvanicum Carex crinita Carex lurida Carex scoparia Carpinus caroliniana Carya glabra Carya tomentosa Celtis laevigata Cephalanthus occidentalis Cercis canadensis Chamaecrista fasciculata Chimaphila maculatum Cornus amomum Cornus drummondii Cornus Florida Crataegus f ava Cyperus strigosus Daucus carota Diospyros virginiana Echinochloa crus-galli Elaeagnus angustifolia Erigeron sp. Euonymus alatus Euonymus americanus Euonymus atropurpurea Eupatorium capillifolium APPENDIX B Plant Species List box elder red maple silver maple mimosa tag alder ragweed broomsedge bushy aster groundsel river birch tickseed sunflower grape fern trumpet vine bittercress fringed sedge shallow sedge pointed broom sedge ironwood sweet pignut hickory mockernut hickory hackberry buttonbush redbud partridge pea spotted wintergreen silky dogwood Drummond's dogwood dogwood yellow hawthorn nut sedge Queen Anne's lace persimmon barnyard grass Russian olive fleabane burning bush strawberry bush eastern wahoo dog fennel Eupatorium perfoliatum common boneset Fagus grandifolia American beech Fraxinus pensylvanicum green ash Grindelia squarrosa lance-leaf gumweed Halesia tetraptera four-winged silverbell Hedera helix English ivy Hibiscus moscheutos swamp hibiscus Ilex opaca American holly Juglans nigra walnut Juncus effusus soft rush Juniperus virginiana eastern red cedar Lagerstroemia indica crape myrtle Lespedeza cuneata bushclover Ligustrum sinense privet Lindera benzoin spicebush Liquidambar styraciflua sweetgum Liriodendron tulipifera yellow poplar Lonicera fragrantissima fragrant honeysuckle Lycopus virginicus bugleweed Microstegium vimineum Japanese knotgrass Mikania scandens climbing hempweed Nandina domestica nandina Nyssa sylvatica black gum Oenothera biennis evening primrose Opuntia sp. prickly pear cactus Oxydendrum arboreum sourwood Panicum sp. panicum Paspalum dilatatum dallis grass Phytolacca americana pokeweed Pinus taeda loblolly pine Pinus virginiana Virginia pine Plantago lanceolata lance-leaf plantain Platanus occidentalis sycamore Pluchea camphorata marsh fleabane Polygonatum biorum Solomon's seal Polygonum sp. smartweed Polygonum virginianum jumpseed Populus deltoides cottonwood Prunus serotina black cherry Pueraria lobata kudzu Quercus alba white oak Quercus falcata southern red oak Quercus montana chestnut oak Quercus pagoda cherrybark oak Quercus phellos Quercus rubra willow oak northern red oak Quercus stellata post oak Rhus copallinum winged sumac Rhus radicans poison ivy Robinia pseudoacacia black locust Rosa multiflora multiflowered rose Rubus argutus blackberry Rudbeckia laciniata cutleaf coneflower Rumex crispus curly dock Sagittaria latifolia wapato, duck potato Salix nigra black willow Salix sericea silky willow Sambucus canadensis elderberry Sassafras albidum sassafras Scirpus cyperinus woodgrass Scirpus validus soft-stem bulrush Sesbania vesicaria bladderpod Setaria sp. foxtail millet Smilax bona-nox sawtooth catbriar Smilax rotundifolia round leaf catbriar Solidago canadensis Canada goldenrod Sorghum halepense Johnson grass Tilia americana basswood Tipularia discolor cranefly orchid • Tsuga canadensis Canada hemlock Typha latifolia cattail Ulmus alata winged elm Ulmus rubra red elm Vernonia sp. ironweed Viburnum prunifolium black haw Vinca major large periwinkle Vitis rotundifolia muscadine grape Vitis sp. grape 0 • APPENDIX C Site Photographs J 0 • 0 Photo 3. Open Canopy Oak-Hickory Woods (50 years). Photo 4. Closed Canopy Oak-Hickory Woods (30-50 years). • Photo 5. Closed Canopy Oak-Hickory Woods (30-50 years) with dirt access road. • 0 Photo 6. Stream and Riparian Forest. • • 0 Photo 7. Semi-Permanent Impounded Wetlands. Photo 8. Semi-Permanent Impounded Wetlands. 1•- eOS stem PROGRAM September 25, 2008 Ike Reeves Charlotte-Douglas International Airport P.O. Box 19066 Charlotte, NC 28219 Expiration of Acceptance: June 25, 2009 Project: Wilkinson Blvd. Parking Decks County: Mecklenburg The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. • River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm _Riparian Non-Riparian Coastal Marsh Impacts Catawba 03050103 0 0 2395 3.035 0 0 0 0 Credits 03050103 Expanded Service Area 0 0 4790 6.07 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998 and consistent with the Guidance for Expanded Service Area for Mitigating Impacts within the Lower Catawba River Basin adopted by the PACG-TC on September 12, 2006. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973. Sincerely, (Q? ?U William D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Amanda Jones, USACE-Asheville Alan Jojhnson, NCDWQ-Mooresville Gregg Antemann, agent File tOYl f ... ... Prot" Ow Stat& ZMENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net