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HomeMy WebLinkAbout20180825 Ver 2_401 Application_20180718March 27, 2018 Ref: 38636.01 Samantha Dailey US Army Corps of Engineers O Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Re: Nationwide Permit #18 Pre -Construction Notification Ephesus Church Road Sidewalk Installation Town of Chapel Hill, North Carolina Dear Samantha, E 0 V .n E 7 hbe On behalf of the Town of Chapel Hill (Client), Vanasse Hangen Brustlin, Inc. (VHB) requests verification of a U.S. Army Corps of Engineers (USACE) Nationwide Permit #18 (Minor Discharges) pursuant to 33 CFR (13)(18) for impacts to a single jurisdictional stream channel related to the installation of a sidewalk along Ephesus Church Road. We are pleased to submit the enclosed Pre -Construction Notification (PCN) and supporting documentation (Appendices A -C) for your review. The purpose of the project is to provide dedicated pedestrian sidewalks along the eastbound and westbound directions of Ephesus Church Road from Pinehurst Drive to Pope Road totaling 0.43 miles. No wetlands occur within the project area, and the work will require impacts to a single stream channel. (i.e., waters of the U.S.) and the associated stream buffer. Impacts will be minimized to the maximum extent practicable. The installation of the sidewalks will require modification to one existing culverted stream crossing. The existing 42 -inch pipe underneath Ephesus Church Road will be extended south of the road by an additional 20 feet to make room for the new sidewalk, and 30 linear feet (462 square feet) of rip -rap apron will be placed below the pipe opening to dissipate flow energy (Appendix A: Sheets 3 and 4). This will result in a total of 50 linear feet (4.4 cubic yards fill below OHWM) of permanent impacts. Stream flow will be temporarily diverted during construction using the pump around technique by installing two temporary dikes in the channel and pumping water around the work area. One dike will be placed north of Ephesus Church Road and one will be placed just south of the construction area. An outtake hose will be fed from the pump through the existing culvert and the water will be discharged just south of the proposed rip -rap apron, resulting in approximately 10 linear feet of temporary stream impacts. The dikes, pump, and outtake hose will be removed once construction is completed. \\vhb\prolJ\Ra1ei91\38636.01 Ephesus Church Road\doaVermits\Nationwide Permit 18\1 - Cover letter DRAFT 03202018 doa 351 McLaws Circle Suite 3 Engineers I Scientists I Planners I Designers Williamsburg, Virginia 23185 P 757.220.0500 F 757.903.2794 Samantha Dailey, USACE Ref: 38636.01 March 27, 2018 Page 2 The stream is also subject to Jordan Lake Buffer regulations. Approximately 258 square feet of the rip -rap will permanently impact Zone A of the buffer. A 15" diameter pipe will connect to a roadside drop inlet and will be routed underground to the proposed rip -rap apron. This will result in 23 square feet of temporary impacts to Zone 1 and 48 square feet of temporary impacts to Zone 2. Placement of heavy equipment throughout the project area to install the 42 -inch pipe extension and the 15 -inch pipe will result in 2,961 square feet of temporary impacts to Zone 1 and 2,174 square feet of temporary impacts to Zone 2. Total temporary impacts to the stream buffer will consist of 2,984 square feet to Zone 1 and 2,222 square feet to Zone 2. Disturbed soil will be graded and leveled once construction is completed. Erosion and sediment control will be implemented during construction using silt fencing, temporary skimmer basins, and silt bags. Due to the minimal impacts of the project to wetlands, streams, and stream buffers we believe compensatory mitigation is not required. All wetlands and waters of the U.S. have been delineated along the project length of Ephesus Church Road, and a confirmation request was submitted to the U.S. Army of the Corps of Engineers (USACE) in March 2017 (Appendix B). To meet the conditions of the Nationwide Permit regarding listed species, an official species list was obtained from the U.S. Fish and Wildlife Service IPaC online search, which indicated the potential presence of Michaux's sumac (Rhus michauxit) and smooth coneflower (Echinacea loevigata). A qualified VHB biologist performed a survey for these listed plants in the project area in 2017, and no individuals were found. Results of the IPaC and RTE plant surveys are provided in Appendix C. Lastly, the project area has incurred disturbances from past construction for the roadway and a powerline easement. VHB believes the level of soil disturbance in the past has all but eliminated the likelihood of cultural resources being found. Furthermore, VHB knows of no historic structures in the immediate vicinity of the project area; all of the nearby structures appear to be mid to late 201h century houses. Upon review, should you have any questions regarding the proposed project, please feel free to contact me at 757.279.2835 or via email to kdrambyPvhb.com. We look forward to working with you through the permit review process. Sincerely, "..'� VanasseHa Brustli Inc:/2 /i 7Lam" Kris Dramby, PWS Director of Energy and Natural Resources kdramby@vhb.com CC: Ms. Allison Weakley — City of Chapel Hill Mr. Lucas Helms — Ramey -Kemp Associates File — 38636.01 \\vhb\proj\Raleigh\38636.01 Ephesus Church Road\doa\Permits\Natiomride Permit 18\1 - Cover Letter DRAFT 03202018.doa - 7`0' 1 1'11' �l Y_ Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ❑ No For the record only for Corps Permit: ® Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Ephesus Church Road Sidewalks 2b. County: Durham and Orange Counties 2c. Nearest municipality / town: Town of Chapel Hill 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: N/A — Public road right of way 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): Town of Chapel Hill 3d. Street address: 405 Martin Luther King Jr. Blvd. 3e. City, state, zip: Chapel Hill, NC 27514 3f. Telephone no.: 919-968-2743 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 15 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Same as Owner 4b. Name: 4c. Business name (if applicable): 4d. Sheet address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Mr. Kris Dramby, PWS 5b. Business name (if applicable): VHB Engineering NC, P.C. 5c. Street address: 900 Main Campus Drive #500 5d. City, state, zip: Raleigh, NC 27606 5e. Telephone no.: 757-279-2835 5f. Fax no.: 757-903-2794 5g. Email address: kdramby@vhb.com Page 2 of 15 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N/A — Project is a sidewalk next to Ephesus Church Rd. 1b. Site coordinates (in decimal degrees): Latitude: 35.931037 Longitude: - 79.003593 1 c. Property size: Specific project area approximately 0.2 acre 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to. proposed project: Tracy Branch, Little Creek r Quality Classification of nearest receiving water: WSIV; NSW basin: map is available at Fh2o.enr.state.nG.us/admin/maps/ Cape Fear Page 3 of 15 PCN Form — Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area consists of an existing road (Ephesus Church Road) with curb and gutter and grassy road shoulders. Immediately adjacent to the southern edge of the right of way is an overhead powerline easement. The road right of way is bordered by residential lots in a suburban area of the town. 3b. List the total estimated acreage of all existing wetlands on the property: N/A — No wetlands on site 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 60 linear feet 3d. Explain the purpose of the proposed project: Installation of pedestrian sidewalks along the eastbound and westbound edge of Ephesus Church Road. 3e. Describe the overall project in detail, including the type of equipment to be used: The project seeks to install pedestrian sidewalks along both travel directions next to Ephesus Church Road from Pinehurst Drive to Pope Road. The sidewalk along the southern side of the road will cross over and impact one 3' wide stream in Durham County determined to be perennial by the Town of Chapel Hill staff. The existing 42" pipe underneath Ephesus Church Road will be extended 20 feet south of the road to make room for the eastbound sidewalk, and a rip rap apron will be installed on the downstream side of the pipe opening to dissipate flow energy. This will result in 50 linear feet (4.4 cubic yards below OHWM— 50' length x 3' width x 0.8' depth) of permanent impacts. Streamflow will be temporarily diverted during construction using the pump around technique. Two temporary dikes will be placed within the stream channel; one will be placed on the north side of Ephesus Church Road (determined to have intermittent flow) and the other just south of the proposed rip rap apron (determined to have perennial flow). An outtake hose from the pump will be installed through the existing culvert and the stream water will be discharged just south of work area into the stream channel. Temporary impacts will amount to approximately 10 linear feet of stream channel (5 linear feet for each dike). Once the new sidewalk is constructed over the culvert extension, the dikes and outtake hose will be removed and areas restored to original contours. Permanent stream impacts will occur only for the sidewalk next to the eastbound lase of Ephesus Church Road. An Erosion and Sediment control plan has been prepared by Ramey Kemp Associates on behalf of the Town of Chapel Hill. The E&S plan will be implemented before, during, and after construction. Page 4 of 15 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: PJD package has been submitted, but no determination has been issued by USACE. 4b. If the Corps made the jurisdictional determination, what type of ®Preliminary El Final determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: VHB Name (if known): Rachelle Beauregard Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. PJD has been requested from the USACE, but has not yet been made. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. N/A Page 5 of 15 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T N/A N/A ❑ Yes ❑ No ❑ Corps ❑ DWQ N/A W2 ❑ P ❑ T N/A N/A ❑ Yes ❑ No ❑ Corps ❑ DWQ N/A W3 ❑ P ❑ T N/A N/A ❑ Yes ❑ No ❑ Corps ❑ DWQ N/A W4 ❑ P ❑ T N/A N/A ❑ Yes ❑No ❑ Corps ❑DWQ N/A W5 ❑ P ❑ T N/A N/A ❑ Yes ❑ Corps N/A ❑ No ❑ DWQ W6 ❑ P ❑ T N/A N/A ❑ Yes ❑ No ❑ Corps ❑ DWQ N/A 2g. Total wetland impacts N/A 2h. Comments: N/A 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Fill — 20 LF Pipe Unnamed ® PER ® Corps 3 20 Extension ❑ INT ❑ DWQ S2 ®P ❑ T Fill - Rip Rap Apron Unnamed ® PER ® Corps 3 30 Installation ❑ INT ❑ DWQ S3 ❑ P ®T Stream Diversion — Unnamed ® PER ® Corps 3 10 Two temp dikes ® INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 60 31. Comments: 50 LF (4.4 CY — 50' length x 3' width x 0.8' depth) of permanent impacts; 10 LF of temporary impacts (0.9 CY —10' length x 3'w x 0.8' depth). Total stream impacts (permanent + temporary) = 60 LF Page 6 of 15 4. Open Water Impacts . If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indi idually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑ P ❑ T N/A N/A N/A N/A 02 ❑ P ❑ T N/A N/A N/A N/A 03 ❑ P ❑ T N/A N/A NIA N/A 04 ❑ P ❑ T NIA N/A N/A N/A 4f. Total open water impacts N/A 4g. Comments: N/A 5. Pond or Lake Construction If pond or lake construction proposed, then com tete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 N/A N/A N/A N/A N/A N/A N/A N/A P2 N/A N/A N/A N/A N/A N/A N/A N/A 5f. Total N/A N/A N/A N/A N/A N/A N/A 5g. Comments: N/A 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: N/A 5i. Expected pond surface area (acres): NIA 5j. Size of pond watershed (acres): N/A 5k. Method of construction: N/A Page 7 of 15 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar -Pamlico ® Other: Jordan Lake Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet) (square feet) or Temporary required? T Rip Rap ❑ Yes B1 ®P ❑ T Installation Unnamed No 258 N/A in Channel 15" Stormwater Pipe Installation B2 ® P ❑ T from roadside Unnamed ® Nos 23 48 drop inlet and temporary silt bag B3 ❑ P ® T Construction Equipment Unnamed ❑ Yes ® No 2,961 2,174 6h. Total buffer impacts 3,242 2,222 6i. Comments: B1: Rip rap apron installation. Rip rap apron is 462 sq. ft.; 204 sq. ft. of area results in permanent stream impacts, leaving 258 sq. ft. of buffer impacts. 132: A new 15" diameter pipe will be installed from a drop inlet to the new rip rap apron. Stormwater runoff will be collected in the drop inlet and directed to the stream channel. The pipe will be 64' long. Two trees in the buffer will need to be removed. A temporary silt bag will be installed in the buffer area for the water diversion pump around. 63: Movement of construction equipment throughout the project area may result in temporary impacts to grassy/herbaceous roadside vegetation. Page 8 of 15 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Fill is necessary for the construction of the new sidewalk. Impacts cannot be avoided in order to lay down the culvert extension and rip rap apron. Impacts are minimized to only those necessary for the sidewalk installation and stability of the stream channel. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The contractor will avoid any disturbance to the stream channel beyond the proposed impact area within the right of way. Equipment will be stationed on stable ground vegetated with grasses and other herbaceous plants. All efforts will be made to protect woody vegetation as much as possible. Construction will adhere to a sedimentation and erosion control plan overseen by the Town of Chapel Hill. Once equipment leaves the site, the area will be seeded with stabilizing vegetation. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A 3c. Comments: N/A 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: N/A linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): N/A square feet 4e. Riparian wetland mitigation requested: N/A acres 4f. Non-riparian wetland mitigation requested: N/A acres 4g. Coastal (tidal) wetland mitigation requested: N/A acres 4h. Comments: N/A Page 9 of 15 PCN Form — Version 1.3 December 10, 2008 Version 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires D Yes ® No buffer mitigation? If yes, will have to fill out this entire form — please contact the State for more information. 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 N/A N/A 3 (2 for Catawba) N/A Zone 2 NA j N/A 1.5 N/A 6f. Total buffer mitigation required: NA 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). N/A 6h. Comments: N/A Page 10 of 15 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Installation of temporary skimmer basins and silt bags. An E&S control ® Yes ❑ No plan has been designed by Ramey Kemp Associates for the Town of Chapel Hill 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? Pre -Development: 61.8% Post Development: 78.4% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is a town -funded transportation improvement project. The town's stormwater management section of the Code of Ordinances only applies to projects that require a Zoning Compliance Permit (Section 5.4.2 Applicability), which is not required for this project. While there is no stormwater management plan in place, there is an erosion and sediment control plan. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Chapel Hill ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs El NSW El USMP apply (check all that apply): None Apply ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? Unknown 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): None Apply ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? Approval unknown 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No Page 11 of 15 PCN Form — Version 1.3 December 10, 2008 Version C. Stormwater Management and Diffuse Flow Plan (required by DWQ), continued 5b. Have all of the 401 Unit submittal requirements been met? I ® Yes ❑ No I Page 12 of 15 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ❑ No Local use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Sidewalk installation is not expected to cause cumulative impacts from development or new road construction or road widening. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 13 of 15 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ® Yes ❑ No There is potential smooth coneflower (Echinacea laevigata) and Michaux's sumac (Rhus michauxii) habitat within the project area. 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? IPAC 5a If yes, indicate the USFWS Field Office you have contacted. ® Raleigh via IPaC ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS official species list from IPaC lists Michaux's sumac and smooth coneflower as potential inhabitants in the area. There is suitable habitat for both species within the project area. Additionally, an historic record from 1992 of smooth coneflower occurs within 500 feet of the project. A survey of both plant species was performed in 2017 (see Attachment C) and no listed plants were located within the project area. The known population of smooth coneflower was extirpated in 1992. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ®No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Project area is part of the Town of Chapel Hill. The project will utilize existing road right of way. A powerline utility corridor has been cleared adjacent to the roadway_ The local construction zone has incurred past land disturbances for road construction and the powerline to the degree that the presence of archeological resources is highly unlikely. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? 'FEMA Panel 9799 '(Applicant%Agent's Applicant/Agent's Printed Name - Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 14 of 15 %Y v 1000 ZUUU reel. 000 EPHESUS CHURCH ROAD SIDEWALK ADDITION APPLICATION BY: TOWN of CHAPEL HILL ..0SITE LOCATION vhbAT: EPHESUS CHURCH ROAD PURPOSE: SIDEWALK CONSTRUCTION DATE: MARCH, 2018 4000 WestChase Boulevard, Suite 530 Raleigh, North Carolina 27607 IN: ORANGE AND DURHAM COUNTIES 919.829.0328 • FAX 919.829.0329 NORTH CAROLINA SHEET 1 OF 4 \\vhb\orol\Ra1eiah\38636.01 Ephesus Church Rood\cad\ev\olcnset\JPA\3863601—COV.dwa 4000 WestChase Boulevard, Suite 530 Raleigh, North Carolina 27607 919.829.0328 • FAX 919.829.0329 EPHESUS CHURCH ROAD SIDEWALK ADDITION OVERALL AREA AT: EPHESUS CHURCH ROAD I PURPOSE: SIDEWALK CONSTRUCTION IN: ORANGE AND DURHAM COUNTIES NORTH CAROLINA Church MR04R1UMAL-7i711 APPLICATION BY: TOWN of CHAPEL HILL DATE: MARCH, 2018 SHEET 2 OF 4 A\JPA\3863601-0vera11. dwg INV=4 IN( )=2®1.42' --.._..-•- j + MICt(MUMUI T1INffi ` i \ \ R TAIt�1 D l ��2 0.2 , METER UUST,WA tT ` \1 \\ METEROST WATR� \ \ I �♦ \ � \ T_OC=2 .Ba9 1 / / / WO \ \ \ \\ MA i I w610D `3iDQ_jd(a-2834Q' `� j / / /--AltA •,i' / \ \ \\`�ARHOAkkA ��►�; EPHESUS CHURCH ROAD SIDEWALK ADDITION APPLICATION BY: TOWN of CHAPEL HILL Vhb STREAM IMPACT - PLAN VIEW AT: EPHESUS CHURCH ROAD PURPOSE: SIDEWALK CONSTRUCTION DATE: MARCH, 2018 4000 WestChase Boulevard, Suite 530 Raleigh, North Carolina 27607 IN: ORANGE AND DURHAM COUNTIES 919.829.0328• FAX 919.829.0329 NORTH CAROLINA SHEET 3 OF 4 \\vhb\proj\Raleigh\38636.01 Ephesus Church Rood\cod\ev\planset\JPA\3863601—Stream Impact sheel.dl 9 - 50.00'r I QUA PROPOSED 20 LF. 42' RCP—III N/F - i O�YT=295.98' N/F 501 CB ROSEMARIE ELIZABETH SHARRON .26' ZONE 22,222 ZONE 1 CLASS I RIPRAP / D.B. 2152, PG. 440 FRANCES P. WILSON SF. 0.05 AC.� 50 SY. FILTER FABRIC NCDOT 84 .03F P.B. 117, PG. 116 -L- STA. 8+35.00 D.B. 4473, PG. 445 aCEDARREFS PIN 979904839593 18.00' RT P.B. 119, PG. 95 PIN 979904837733 I -- - 204 SF. 0.005 AC. _v - n RIM=284.06' ---- - ZONE 1 BUFFER JORDAN LAKE IN=276.86 FRANCINE J. DERCOLE (TEMPORARY IMPACT) OUT=276.81' D.B. 7772, PG. 706 9, PG. 95 P.B.9799048838663866 ZONE 1 BUFFER JORDAN LAKE xx PIN 9791 (PERMANENT IMPACT=258 SF. 0.006 AC.) L 1 \ RQTp iROO� i SEWER EASEMENT ZONE 2 BUFFER JORDAN LAKE \ i \� \ EDGE )I 5 0 j ' / I .1 50.00, E Y 0' ERYARD r I BUFFERYARD <P,B. 119, ,95) LOD 8.01' 6)EXSTINy (P,B, 117, PG, 11 ��►�; EPHESUS CHURCH ROAD SIDEWALK ADDITION APPLICATION BY: TOWN of CHAPEL HILL Vhb STREAM IMPACT - PLAN VIEW AT: EPHESUS CHURCH ROAD PURPOSE: SIDEWALK CONSTRUCTION DATE: MARCH, 2018 4000 WestChase Boulevard, Suite 530 Raleigh, North Carolina 27607 IN: ORANGE AND DURHAM COUNTIES 919.829.0328• FAX 919.829.0329 NORTH CAROLINA SHEET 3 OF 4 \\vhb\proj\Raleigh\38636.01 Ephesus Church Rood\cod\ev\planset\JPA\3863601—Stream Impact sheel.dl 9 50.00'r I QUA PROPOSED 20 LF. 42' RCP—III N/F PROPOSED APPROX. 3 TONS N/F 501 CB ROSEMARIE ELIZABETH SHARRON CHARLES T. WILSON III & ZONE 1 CLASS I RIPRAP / D.B. 2152, PG. 440 FRANCES P. WILSON 3,242 SF. 0.0 AC 50 SY. FILTER FABRIC NCDOT 84 .03F P.B. 117, PG. 116 -L- STA. 8+35.00 D.B. 4473, PG. 445 PIN 979904839593 18.00' RT P.B. 119, PG. 95 PIN 979904837733 I 50 LF. STREAM IMPACT TOP a' INV. o urT ( (115 = 29 204 SF. 0.005 AC. RIM=284.06' N/F ZONE 1 BUFFER JORDAN LAKE IN=276.86 FRANCINE J. DERCOLE (TEMPORARY IMPACT) OUT=276.81' D.B. 7772, PG. 706 9, PG. 95 P.B.9799048838663866 ZONE 1 BUFFER JORDAN LAKE PIN 9791 (PERMANENT IMPACT=258 SF. 0.006 AC.) ' EXISTING 30' SANITARY SEWER EASEMENT ZONE 2 BUFFER JORDAN LAKE (TEMPORARY IMPACT) I QiMMOMMM6� 0 25 50 Feet ��►�; EPHESUS CHURCH ROAD SIDEWALK ADDITION APPLICATION BY: TOWN of CHAPEL HILL Vhb STREAM IMPACT - PLAN VIEW AT: EPHESUS CHURCH ROAD PURPOSE: SIDEWALK CONSTRUCTION DATE: MARCH, 2018 4000 WestChase Boulevard, Suite 530 Raleigh, North Carolina 27607 IN: ORANGE AND DURHAM COUNTIES 919.829.0328• FAX 919.829.0329 NORTH CAROLINA SHEET 3 OF 4 \\vhb\proj\Raleigh\38636.01 Ephesus Church Rood\cod\ev\planset\JPA\3863601—Stream Impact sheel.dl 9 EXISTING CATCH BASIN EXISTING CURE PROPOSED 5' CONC. SII 3:1 SLOPE EXISTING CURB & GUTTER PROPOSED 5' CONC. SIDEWALK EXISTING HEADWALL \ EXISTING ROAD ` INV.=284.01 _ -r�/L1�L1�1�L' �EXJSTINGJ 8 1RCP!����1�Ll EXISTING GRADE J EXISTING GRADE 2:1 SLOPE PROPOSED 20 LF. 48" RCP—III PROPOSED 30 LF. APPROX. 39 TONS CLASS I RIPRAP 50 SY. FILTER FABRIC 0 10 20 Feet Flo EPHESUS CHURCH ROAD SIDEWALK ADDITION APPLICATION BY: �♦ � TOWN of CHAPEL HILL ���� SECTION AT: EPHESUS CHURCH ROAD PURPOSE: SIDEWALK CONSTRUCTION 4000 WestChase Boulevard, Suite 530 DATE: MARCH, 2018 Raleigh_ Noith Carolina'_7607 IN: ORANGE AND DURHAM COUNTIES 919.8220328 • FAX 919,82Q 0319 NORTH CAROLINA SHEET 4 OF 4 -..OVhb Attachment B Ephesus Church Road Preliminary Jurisdictional Determination Documents March 1, 2017 ♦O$0 vhb, VHB ref: 38636.01 Ms. Samatha Dailey USACE Raleigh Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Subject: Preliminary Jurisdictional Determination for the Ephesus Church Road Sidewalk Addition for the Town of Chapel Hill, Orange and Durham Counties, NC. Dear Ms. Dailey: On behalf of the Town of Chapel Hill, VHB is providing the enclosed Preliminary Jurisdictional Determination Request Package for the Ephesus Church Road Sidewalk project. The study area is completely within the Ephesus Church Road right of way (Figure 1), and will not involve private properties. The project study area contains one stream (SA) within a drainage way found on White Store Sandy Loam soils (Figure 2) on the south side of Ephesus Church Road. No wetlands were identified within the study area (Figure 3). This study area contains mostly maintained residential yards extending into the ROW with a few upland areas naturally vegetated and irregularly maintained. Stream SA is a perennial stream on the south side of the road within the study area, as determined by staff from the Town of Chapel Hill, with minimal aquatic function. Upstream of the study area on the north side of the road (just outside the study area), Stream SA is a concrete lined intermittent stream channel. Within the study area on the south side of the road, it appears that rip rap was placed in the stream from previous disturbance, possibly from the nearby sewer line. This stream is a tributary within the Jordan Lake watershed, which is part of the Cape Fear River Basin. At the time of site visit, water was flowing slowly in the channel. The stream is not displayed on the USGS Quadrangle map, but it is displayed on the Durham County Soil Survey. If you deem this stream to be Waters of the U.S., we would request that no mitigation be required for any impacts to this stream due to its minimal aquatic function. See attached data sheets and field photographs for more information. NCDWR Stream Forms were completed by the Town of Chapel Hill staff. The USACE Stream Form was completed by VHB staff. Venture 1 940 Main Campus Drive, Suite 500 Engineers I Scientists I Planners I Designers Raleigh, North Carolina 27606 P 919.829.0328 F 919.833.0034 I would like to request a site visit to confirm the jurisdictional status of this feature. Please contact me at your convenience to let me know available dates that we can meet. Thank you. Sincerely, A"& X-' Rachelle Beauregard Senior Environmental Scientist rbeauregard@vhb.com 919-741-5543 Cc: Allison Weakley, Town of Chapel Hill 2 AGENT AUTHORIZATION FORM Vhb, Name: Town of Chapel Hill Address: 405 Martin Luther King Jr. Blvd., Chapel Hill, NC 27514 Phone: 919-968-2743 Project Name/Description: Seawall School Road and Ephesus Church Road Sidewalk Projects Date: February 15, 2017 US Army Corps of Engineers, Wilmington District Raleigh Field Office Attn: Samantha Dailey 3331 Heritage Trade Dr., Suite 105 Wake Forest, NC 28403 Re: Jurisdictional Stream Determinations and Related Permitting To Whom It May Concern: I, the current applicant, hereby designate and authorize VHB Engineering NC, P.C. to act in my behalf as my agent in the processing of the Preliminary Jurisdictional Determination Package and any related permit applications, to furnish upon request supplemental information in support of applications, etc., from this dayforward. The 23 day of January.2017. This notification supersedes any previous 'correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by VHB staff. You should call VHB to arrange a site meeting prior to visiting the site. Town of Chapel Hill Representative (Print Name) cc: Cherri Smith cc: DEQ_DWR 1628 Mail Service Center Raleigh, NC 27699-1628 Town of Chapel Hill Representative (Signature) Rachelle Beauregard VHB Engineering NC, P.C. Engineers I Scientists I Planners I Designers Venture 1 940 Main Campus Drive, Suite 500 Raleigh, North Carolina 27606 P 919.829 0328 F 919.833 0034 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Rachelle Beauregard, VHB, Venture 1, 940 Main Campus Drive, Suite 500, Raleigh, NC 27606 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Sidewalk addition by the Town of Chapel Hill Ephesus Church Road from Pinehurst Drive to Pope Road (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Durham City: Chapel Hill Center coordinates of site (lat/long in degree decimal format): Lat. 35.93057 ON; Long. -79.00237 (xx.xxxxx) (-xx.xxxxx) Universal Transverse Mercator: Z: Select E: N: Name of nearest waterbody: drains to Tracy Branch/Little Creek oW Identify (estimate) amount of waters in the review area: Non -wetland waters: 10 linear feet: width (ft) and/or acres. Cowardin Class: R4SB Stream Flow: perennial (downstream of Ephesus Church Road) Wetlands: 0 acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: None Non -Tidal: None LEM State of North Carolina Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization FORM: BA 10-2013 Riparian Buffer Authorization Form A. Applicant Information 1. Project Information 1 a. Name of project: Ephesus Church Sidewalks 1 b. County: Durham and Orange Counties 1c. Nearest municipality: Town of Chapel Hill 1 d. Subdivision name: N/A 1e. Is the project located in any of North Carolina's twenty coastal counties? If yes, answer 1f below. ❑ Yes ® No 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Owner Information 2a. Name on Recorded Deed: N/A - Public road right of way 2b. Deed Book and Page No. N/A 2c. Map Book and Page No. (include a copy of the recorded map that indicates when the lot was created): N/A 2d. Responsible Party for Corporations): Town of Chapel Hill 2e. Street address: 405 Martin Luther King Jr. Blvd. 2f. City, state, zip: Chapel Hill, NC 27514 2g. Telephone no.: 919-968-2743 2h. Fax no.: N/A 3. 2i. Email address: N/A ESU S Applicant Information (if different from owner) 3a. Applicant is: ❑ Agent ® Other, specify: Same as Owner 3b. Name: N/A 3c. Business name if applicable): N/A 3d. Street address: N/A 3e. City, state, zip: N/A 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A 4. Agent/Consultant Information (if applicable) 4a. Name: Mr. Kris Dramby, CWB, PWS, CE 4b. Business name if applicable): VHB 4c. Street address: 351 McLaws Circle 4d. City, state, zip: Williamsburg, VA 23185 4e. Telephone no.: 757-279-2835 4f. Fax no.: 757-903-2794 4g. Email address: kdramby@vhb.com FORM: BA 10-2013 Page 1 of 6 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): N/A — Project is a sidewalk next to Ephesus Church Rd 1 b. Site coordinates (in decimal degrees): Latitude: 35.931037 Longitude: -79.003593 1c. Property size: Specific project area approximately 0.2 acre 2. Surface Waters 2a. Name of nearest body of water to proposed project: Tracy Branch, Little Creek 2b. Water Quality Classification of nearest receiving water: WSIV; NSW 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area consists of an existing road (Ephesus Church Road) with curb and gutter and grassy road shoulders. Immediately adjacent to the southern edge of the right of way is an overhead powerline easement. The road right of way is bordered by residential lots in a suburban area of the town. 3b. Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site 3c. Attach an 8'/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site 3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 60 linear feet 3e. Explain the purpose of the proposed project: Installation of pedestrian sidewalks along the eastbound and westbound edge of Ephesus Church Road. 3f. Describe the overall project in detail, including the type of equipment to be used: The project seeks to install pedestrian sidewalks along both travel directions next to Ephesus Church Road from Pinehurst Drive to Pope Road. The sidewalk along the southern side of the road will cross over and impact one 3' wide stream in Durham County determined to be perennial by the Town of Chapel Hill staff. The existing 42" pipe underneath Ephesus Church Road will be extended 20 feet south of the road to make room for the eastbound sidewalk, and a rip rap apron will be installed on the downstream side of the pipe opening to dissipate flow energy. This will result in 50 linear feet (4.4. cubic yards below OHWM — 50' length x 3' width x 0.8' depth) of permanent impacts. Streamflow will be temporarily diverted during construction using the pump around technique. Two temporary dikes will be placed within the stream channel; one will be placed on the north side of Ephesus Church Road (determined to have intermittent flow) and the other just south of the proposed rip rap apron (determined to have perennial flow). An outtake hose from the pump will be installed through the existing culvert and the stream water will be discharged just south of work area into the stream channel. Temporary impacts will amount to approximately 10 linear feet of stream channel (5 linear feet for each dike). Once the new sidewalk is constructed over the culvert extension, the dikes and outtake hose will be removed and areas restored to original contours. Permanent stream impacts will occur only for the sidewalk next to the eastbound lane of Ephesus Church Road. An Erosion and Sediment control plan has been prepared by Ramey Kemp Associates on behalf of the Town of Chapel Hill. The E&S plan will be implemented before, during, and after construction. FORM: BA 10-2013 Page 2 of 6 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by ® Yes ❑ No ❑ Unknown the Corps or State been requested or obtained for this Comments: PJD package has been submitted. property/ project (including all prior phases) in the past? A NWP #18 has been issued by the USACE. this form. DEQ has conditionally been met. 4b. If yes, who delineated the jurisdictional areas? Agency/ Consultant Company: VHB Name (if known): Rachelle Beauregard Other: N/A 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A NWP #18 has been issued. 5. Project History 5a. Have permits or certifications been requested or obtained ® Yes ❑ No ❑ Unknown for this project(including all priorphases) in thepast? impact 5b. If yes, explain and detail according to "help file" instructions. NWP #18 has been issued by USACE. DEQ has been conditionally met. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. N/A C. Proposed Impacts Inventory 1. Buffer Impacts 1a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ® Jordan ❑ Goose Creek 1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. Buffer impact Reason for Type of impact Stream name Buffer Zone 1 Zone 2 number — impact (exempt, allowable, mitigation impact impact Permanent (P) allowable w/ required? (sq ft) (sq ft) or Temporary mitigation) T Rip Rap 131 ®P ❑ T Installation in Allowable Unnamed ❑ Yes ® No 258 N/A Channel 15" Stormwater Pipe Installation B2 ® P ❑ T from roadside Allowable Unnamed ❑ Yes ® No 23 48 drop inlet and temporary silt bag B3 ❑ P ® T Construction Exempt/Allowable Unnamed ❑ Yes ®No 2,961 2,174 Equipment Total buffer impacts 3,242 2,222 FORM: BA 10-2013 Page 3 of 6 1c. Comments: B1: Rip rap apron installation. Rip rap apron is 462 sq. ft; 204 sq. ft. of area results in permanent stream impacts, leaving 258 sq. ft. of buffer impacts. 62: A new 15" diameter pipe will be installed from a drop inlet to the new rip rap apron. Stormwater runoff will be collected in the drop inlet and directed to the stream channel. The pipe will be 64' long. Two trees in the buffer will need to be removed. A temporary silt bag will be installed in the buffer area for the water diversion pump around. 133: Movement of construction equipment throughout the project area may result in temporary impacts to grassy/herbaceous roadside vegetation. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Fill is necessary for the construction of the new sidewalk. Impacts cannot be avoided in order to lay down the culvert extension and rip rap apron. Impacts are minimized to only those necessary for the sidewalk installation and stability of the stream channel. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The contractor will avoid any disturbance to the stream channel beyond the proposed impact area within the right of way. Equipment will be stationed on stable ground vegetated with grasses and other herbaceous plants. All efforts will be made to protect woody vegetation as much as possible. Construction will adhere to a sedimentation and erosion control plan overseen by the Town of Chapel Hill. Once equipment leaves the site, the area will be seeded with stabilizing vegetation. 2. Buffer Mitigation 2a. Will the project result in an impact within a protected riparian buffer that ❑ Yes ® No requires buffer mitigation? 2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below. Zone Reason for impact Total impact Multiplier Required mitigation (square feet (square feet Zone 1 N/A N/A 3 (2 for Catawba) N/A Zone 2 N/A N/A 1.5 N/A Total buffer mitigation required: N/A 2c. If buffer mitigation is required, is payment to a mitigation bank or NC DMS ❑ Yes ❑ No proposed? N/A 2d. If yes, attach the acceptance letter from the mitigation bank or NC DMS. N/A 2e. If no, then discuss what type of mitigation is proposed. N/A 2f. Comments: N/A FORM: BA 10-2013 Page 4 of 6 E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of Diffuse flow stormwater treatment. Include a plan that fully documents how diffuse flow will be ❑ Other BMP maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form. If due to site constraints, a BMP other than a level spreader is proposed, please provide a plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP Manual and attach a BMP Supplement Form. Comments: Installation of temporary skimmer basins and silt bags. An E&S control plan has been designed by Ramey Kemp Associates for the Town of Chapel Hill. F. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ❑ No use of public federal/state land? 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ® No environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act NEPA/SEPA ? 1 c. If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ❑ No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: N/A 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated ❑ Yes ® No Wetland Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules 15A NCAC 02B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Send 3 complete sets of this form and accompanying documents to the following: For government transportation projects sent by First Class Mail via the US Postal Service: NC DWR, Transportation Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 - 1617 For all other projects sent by First Class Mail via the US Postal Service For government transportation projects sent by delivery service (UPS, FedEx, etc.): OR NC DWR, Transportation Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 OR For all other projects sent by delivery service (UPS, FedEx, etc.): FORM: BA 10-2013 Page 5 of 6 Karen Higgins Karen Higgins NCDWR — 401 & Buffer Permitting Branch NCDWR — 401 & Buffer Permitting Branch 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Raleigh, NC 27604 FORM: BA 10-2013 Page 6 of 6 MFA' Av lUU zuu reel ` �; EPHESUS CHURCH ROAD SIDEWALK ADDITION APPLICATION CHAPB : ILL mm 0 OVERALL AREA Vhf AT: EPHESUS CHURCH ROAD PURPOSE: SIDEWALK CONSTRUCTION DATE: MARCH 2018 4000 WestChase Boulevard, Suite 530 RaleighIN: ORANGE AND DURHAM COUNTIES , North Carolina 27607 919.829.0328 • FAX 919.829.0329 NORTH CAROLINA SHEET 2 OF 4 VAvhbAorolARclelah\38636.01 EDhe- Church RoadAcodAevAolansetAJPAA3863601—Overall.dwa ! �� \ \ INV— .yr IN(S )=$81.42' 1 MIb&LIM kILbINI5 JUST (p1��11 R TAI* D \ !`? ! �� METEIL WA \1QODDx-3500_'=IN(dC=2834Q„\�� pgk AKA rEL i O,.YT=295.96' � zs' - x ZONE 2 _111—v. RowoF 2,222 SF. 0.05 AC. I ! r _ / % x CEDA ,(REFS 119 iPElt j G8 x �a —x z x —♦ Y!rVi ?�i \Is 1: y� �_1--f---Y—x—r—�—zTP EDGE EXISTINt1 50' I p 50.00' t EXIStI 0' BUFFERYARD ; 8.01' , PG. 116) (P.B. 119, PG, 95) L 0 D - (P.B. 117, PG. 1 50.00' r- 1z PROPOSED 20 LF. 42" RCP-III NIF N/F I �' PROPOSED APPROX. 3 TONS CHARLES T. WILSON, III & ZONE 1 CLASS I RIPRAP ROSEMARIE ELIZABETH SHARRON O FRANCES P. WILSON 3,242 SF. 0.0 AC / D.B. 2152, PG. 440 50 SYNCDOT 84 .03F D.B. 4473, PG. 445 . FILTER FABRIC P.B. 117, —L— STA. 8+35.00 P.B. 119, PG. 95 PIN 97990448383 95599 3 18,00' RT PIN 979904837733 I 50 LF. STREAM IMPACT TOP = 298. 8' 204 SF. 0.005 AC. INV. OUT (15 - 29 RIM=284.06' N/F ZONE 1 BUFFER JORDAN LAKE IN=276.86' FRADRCOLEN,PGE (TEMPORARY IMPACT)OUT=276.81' C7772.706 P.B.9, PG. 95 PIN 97999048838663866 1 ZONE 1 BUFFER JORDAN LAKE I I (PERMANENT IMPACT=258 SF. 0.006 AC.) EXISTING 30' SANITARY SEWER EASEMENT ZONE 2 BUFFER JORDAN LAKE I' (TEMPORARY IMPACT) Q4mmmmmm%� I ' 0 100 200 Feet EPHESUS CHURCH ROAD SIDEWALK ADDITION APPLICATION BY: TOWN of CHAPEL HILL Vhb STREAM IMPACT - PLAN VIEW AT: EPHESUS CHURCH ROAD PURPOSE: SIDEWALK CONSTRUCTION DATE: MARCH, 2018 4000 WestChase Boulevard, Suite 530 IN ORANGE AND DURHAM COUNTIES Raleigh, North Carolina 27607 919.829.0328 • FAX 919.829.0329 NORTH CAROLINA SHEET 3 OF 4 \\vhb\proj\Ra1eigh\38636.01 Ephesus Church Road\cad\ev\plansel\JPA\3863601—Stream Impact sheet.di 9 EXISTING CATCH BASIN EXISTING CURB & GUTTER PROPOSED 5' CONC. SIDEWALK 3:1 SLOPE EXISTING CURB & GUTTER PROPOSED 5' CONC. SIDEWALK EXISTING GRADE r--2:1 SLOPE EXISTING HEADWALL EXISTING ROAD - INV.=284.01 ff // �i EXISTING 48"1R�P��LL1 EXISTING GRADE 000 *►h 4000 WestChase Boulevard, Suite 530 Raleigh, North Carolina 27607 PROPOSED 20 LF. 48" RCP -III PROPOSED 30 LF. APPROX. 39 TONS CLASS I RIPRAP 50 SY. FILTER FABRIC 0 10 20 Feet EPHESUS CHURCH ROAD SIDEWALK ADDITION SECTION AT: EPHESUS CHURCH ROAD PURPOSE: SIDEWALK CONSTRUCTION IN: ORANGE AND DURHAM COUNTIES NORTH CAROLINA Ephesus Church APPLICATION BY: TOWN of CHAPEL HILL DATE: MARCH, 2018 SHEET 4 OF 4 \JPA\3863601—Stream Impact sheet.d Feet 0 250 500 r---- Ephesus Church Road Sidewalk Addition L ---- i County Boundary Orange and Durham Counties, North Carolina Stream SA Ephesus Church Road Study Area ® Wetlands NWI (USFWS) Figure 4 NWI Map N.410,vhb Feet Ephesus Church Road Sidewalk Addition 0 250 500 f ----County Boundary �_____, Orange and Durham Counties, North Carolina �N Stream SA = Ephesus Church Road Study Area Figure 3 Delineation Map .o' �;'vhb 8 .f. . i t t J 4 1 •• 'rl Feet 0 500 1,000 NJ WSE r WsB-White Store Sandy Loam 2-6 % slopes WsC-White Store Sandy Loam 6-10% slopes WsE-White Store Sandy Loam 10-25% slopes County Boundary Stream SA Ephesus Church Road Study Area —k. Ephesus Church Road Sidewalk Addition Orange and Durham Counties, North Carolina Figure 2 Soil Map �'vhb Source: USGS 7.5 minute Chapel Hill, North Carolina Quadrangle LattLong: 35.93057 -79.00237 Ephesus Church Road Sidewalk Addition Ephesus Church Road Study Area 1.37 ac Orange and Durham Counties, North Carolina County Boundary Feet Figure 1 0 275 5500 Project Location Map �`•vhb E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL APPLY): ❑ Office (Desk) Determination. Date: ❑✓ Field Determination. Date(s): 2/1/17 THAT SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, wbge checked and requested, appropriately reference sources below): -/1 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ❑ Data sheets prepared/submitted by or on behalf of the ap nt/consultant. 'H Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑✓ U.S. Geological Survey map(s). Cite scale & quad name: 7.5 minute chapel Hill ❑✓ USDA Natural Resources Conservation Service Soil Survey. Citation: USDA/NRCS Soil Surveys for Orange and Durham Counties, NC ✓❑ National wetlands inventory map(s). Cite name: 07 State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: 0 Aerial (Name & Date): Other (Name & Date): Previous determination(s). File no. and date of response letter: or ❑✓ Other information (please specify): NCDWR and USACE Stream forms 2 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) S?rgnat��date of person requesting preliminary JD (REQUIRED,A esV'obtaining the signature, irr�acticable) Site Number Latitude (xx.xxxxx) Longitude (-xx.xxxxx) Cowardin Class Estimated Amount of Aquatic Resource in the Review Area (lin. ft or ac) Class of Aquatic Resource SA 35.93057 -79.00234 R4SB 10 lin ft Perennial Non -Section 10 Li � wrwW t ALMW1 a� �! +►, ' �� QUO rc 'h'Qo D 0 * _ r + Co pyr g�,t.0�2013 National G graphic So'c�ety&i-cW Ephesus Church Road Sidewalk Addition Orange and Durham Counties, North Carolina Figure 1 Project Location Map �•Vhb 1e .t h x,v ;r Feet WsB-White Store Sandy Loam 2-6 % slopes 0 500 1,000 WsC-White Store Sandy Loam 6-10% slopes Ephesus Church Road Sidewalk Addition WsE-White Store Sandy Loam 10-25% slopes Orange and Durham Counties, North Carolina County Boundary Stream SA Ephesus Church Road Study Area Figure 2 Soil Map vvhb Orange County Durham County J - IN S i9 w♦ i \ J �� �' • f' �a.Jr Nom, �t -4�.L °G,c�" ^kY1� N Feet 0 250 500 L _ _ i County Boundary Ephesus Church Road Sidewalk Addition Orange and Durham Counties, North Carolina Stream SA Ephesus Church Road Study Area ® Wetlands NWI (USFWS) Figure 4 NWI Map �,vhb i Go�,l(t(/i,�� }dUI/1 1� '',Ji, y 51J. 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E Z t 0 e'e4sgrs weal's io ez!s ap!Ijed t £ I Z -- 0 es 1000-aldol aouan l l0od-dols Mood-ol }u res :emhnrs lauuego-ul £ E L 0 5amlegl 5uole lauuego )o Apsonu!S 'z £ (Z) L 0 yueq pue paq lauuego )o 41!nu!luoO.,L 6uoIlS alejapow McOAA luesgy { = lelolgnS) ojoy jowoaE 'y I1 -f ❑olsaa.� u'.103 uOIjV.!,alauap) ul►3JJS 0.1�a J1 :awetr pend E a )aglo ( leluuaJad uall!w)alu lejawagd3 talaea� (auo aa) w 0 wlg lm j , l� o£ <1'tEwuslao�c JE 2 1ua;ltcu�alu! lsea/le s, wearss :slu!od lelol :apnll6uol U "ti Al- :/,luno0rtlt:jolen!en3 6' tl U D T :apnl!lel :� ) i..�, y .. :allgpoalo�d 7✓. I'+ t t �, b -i i :oleo I1 -f ❑olsaa.� u'.103 uOIjV.!,alauap) ul►3JJS 0.1�a J1 NC DWO StreatTl Identifikation Form Version 4.11 Date: Project/Site: Latitude:,s 2 Evaluator: ��'(tlrI.('t/ I%tk1���(t( 1`�,� ) , t` County: Longitude: - -� Total Points: Stream is at least intermittent Stream Determination (coe (circle n ,Ephemeral Intermittentnial Other Ie Qual,Vame: if >_ >_ 13 or oerennial if 30' 2. Sinuosity of channel along thaNveg g A. Geomorphology (Subtotal Absent Weak Moderate Strong 13 Continuity of channel bed and bank 0 1 I 2) 3 2. Sinuosity of channel along thaNveg 0 1 2 3 3 In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 C1) I 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 j 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts �_ 0 1 2 3 ( 9 Grade control -� 0 0.5 1 1.5 10 Natural valley ( 0 05 I 1 - 15 -� 11. Second or greater order channel No = 0 3rtmaai ,itcnes are not ratec: see aiscussions in manuai B. Hvdroloav (Subtotal = q r C� ) 12. Presence of Baseflow I 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3� 14. Leaf litter 1.5 1 0.5 0 115. Sediment on plants or debris 0 0.5 1 (1.5 116. Organic debris lines or piles 0 Oa 11---= 1.5 17. Soil -based evidence of high ,vaier table? No = 0 es = 3 1.5 C Hiolnnv (Suhtotal = _X 1 13. Fibrous roots ir. streambed 3 2 ! 1 0 19. Rooted upland plants in streambed 3 2 1 0 29. Macrobenthos(note diversity and abundance} 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish , 0 0.5 1 1.5 24. Amphibians 0' 0.5 1 1.5 25. Algae j 0 1 OS 1 I " 1.5 25. Wetland plants in streambed FACVA/ = 0.75. OBL = 1.5 her = 0 'perennial streams may 3iso be idectifed usirg other methods See p 35 of marual (`cotes: Sketch: � r 1 -(",<lc� � X LIV _C v 1 { USACE AID# DWQ # Site # (indicate on attached map) ;,a,; STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: TO w /I Cr � C4 9 e/1-1/ 2. Evaluator's name: R . e t u /'rj q 4 - V 3. Date of evaluation: I/ 14%I % 4. Time of evaluation:_ 14 5. Name of stream: -fA C So c ¢ h jci t' C `1��. River basin: C t r e Fei r 7. Approximate drainage area: 8. Stream order: 4, rf -f 9. Length of reach evaluated: 10. County: v r � on 11. Site coordinates (if known):prefer in decimal degrees. Latitude (ex.34.872312): 3S, ! C 3 0`T 7 12. Subdivision name (if any): �7 Longitude (ex. -77.556611): _ �• P J?/ Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): 14. Proposed channel work (if 15. Recent weather conditions: S4 " f r K'i^ (Z. •F 2 y - y� tip• 16. Site conditions at time of visit: J v "Oy / `"'' ed Q, t f P 17. Identify any special waterway classifications known: _Section 10 _Tidal Waters Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES O If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES" ®O 20. Does channel appear on USDA Soil Survey? ONO 21. Estimated watershed land use: `Q% Residential _% Commercial _% Industrial _% Agricultural _% Forested _% Cleared / Logged JE% Other ( / b P r;. ,' o ✓ r' 1'� r �p C 22. Bankfull width: 2- 23. Bank height (from bed to top of bank): F- / 24. Channel slope down center of stream: x Flat (0 to 2%) _Gentle (2 to 4%) _Moderate (4 to 10%) _Steep (>10%) 25. Channel sinuosity: Straight ,Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 301- Comments: Evaluator's Signature -k-U.2 /" -" Date Z I V17 This channel evaluation form is intended to be used only as a guide to assist landowners and Environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET fi 1 hese characteristics are not assessed in coastal streams. # CHARACTERISTICS ECOREGION POINT RANGE SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0 — 4 0-5 (no flow or saturation = 0; strop flow = max points) I 2 Evidence of past human alteration 0-6 0 — 5 0-5 (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 O (no buffer = 0; contiguous, wide buffer = maxpoints) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 ' (extensive discharges = 0; no discharges = max points) ,.a 5 Groundwater discharge 0-3 0 — 4 0-4 U (no discharge = 0; springs, seeps, wetlands, etc. = max points) p( 6 Presence of adjacent floodplain 0-4 0-4 0-2 I (no floodplain = 0; extensive floodplain = max points) 2 Entrenchment / floodplain access 0— 5 0— 4 0— 2 a' (deeply entrenched = 0; frequent flooding= max points) 8 Presence of adjacent wetlands 0-6 0 — 4 0-2 O (no wetlands = 0; large adjacent wetlands = max points) Channel sinuosity 0-5 0-4 0-3 I (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 (extensive deposition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0 — 5 (fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 a �+ (deeply incised = 0; stable bed & banks = max points) aPresence 13 of major bank failures 0-5 0-5 0-5 (severe erosion = 0; no erosion, stable banks = maxpoints) 14 Root depth and density on banks 0-3 0 — 4 0-5 h (no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production (substantial impact =0; no evidence = maxpoints) 0-5 0-4 0-5 / 16 Presence of riffle-pool/ripple-pool complexes 0-3 0 — 5 0-6 3 (no riffles/ripples les or pools = 0; well-developed = mar points) 1� Habitat complexity 0-6 0-6 0-6 3 (little or no habitat = 0; frequent, varied habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 Q no shading vegetation = 0; continuous canopy =max points) 19 Substrate embeddedness NA* 0-4 0-4 (deeply embedded = 0; loose structure = max) 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 (no evidence = 0; common numerous types = maxpoints) 21 Presence of amphibians 0-4 0-4 0-4 Q O (no evidence = 0; common, numerous types = maxpoints) C 21 Presence of fish 0-4 0-4 0-4 Q 0*(no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 (no evidence = 0; abundant evidence = maxpoints) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) '3 fi 1 hese characteristics are not assessed in coastal streams. \0�0 0 e vlibc. Ephesus Church Road Project Site Photos Orange and Durham Counties, January 19, 2017 Photograph 1— Stream SA south side of road Photograph 2 — Stream SA north side of road just outside study area 0 000 V'lib(. Ephesus Church Road Project Site Photos Orange and Durham Counties, January 19, 2017 Photograph 3 —Typical habitat south side of road, no wetlands Photograph 4 —Typical habitat north side of road, no wetlands 000 vhbc.; Ephesus Church Road Project Site Photos Orange and Durham Counties, January 19, 2017 Photograph 5 — North side of road, typical maintained yard, no wetlands Photograph 6 — North side of road, typical maintained yard, no wetlands 0 0 •e Ephesus Church Road Project Site Photos Orange and Durham Counties, January 19, 2017 Photograph 7 —Stream SA upstream to culvert Photograph 7 —Stream SA downstream from culvert ...OVh% Attachment C Ephesus Church Road Listed Species Information United States Department of the Interior v.; Y FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2018-SLI-0468 Event Code: 04EN2000-2018-E-00988 Project Name: Ephesus Church Road Sidewalks March 09, 2018 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 03/09/2018 Event Code: 04EN2000-2018-E-00988 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws. og_v/mi2ratorybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 03/09/2018 Event Code: 04EN2000-2018-E-00988 Attachment(s): • Official Species List 03/09/2018 Event Code: 04EN2000-2018-E-00988 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 03/09/2018 Event Code: 04EN2000-2018-E-00988 Project Summary Consultation Code: 04EN2000-2018-SLI-0468 Event Code: 04EN2000-2018-E-00988 Project Name: Ephesus Church Road Sidewalks Project Type: TRANSPORTATION Project Description: Installation of pedestrian sidewalks along Ephesus Church Road. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/12]ace/35.931415735314815N79.0042948208757W amEt" IJ F4Je (Ai u Colony r _ ( Wood, t C1 i yyr.;u S'i K1`�6a'� pr i Counties: Durham, NC I Orange, NC 2 03/09/2018 Event Code: 04EN2000-2018-E-00988 Endangered Species Act Species There is a total of 2 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws. o� v/ecp/species/5217 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3473 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'S JURISDICTION. To: Lucas Helms Ramey Kemp & Associates From: Rachelle Beauregard Senior Environmental Scientist Date: June 6, 2017 Project #s: 38636.01 Re: Ephesus Church Road Sidewalk Project Endangered Plant Survey Results Michaux's sumac and smooth coneflower survey results 000 1SO 0 h Memorandum The Town of Chapel Hill is proposing sidewalks along Ephesus Church Road from Sharon Road to Pope Road (SR 1113) in Orange and Durham Counties, North Carolina. The U.S. Fish and Wildlife Service (USFWS) lists three threatened and endangered species for Orange and Durham Counties; Michaux's sumac (Rhus michauxii), smooth coneflower (Echinoceo laevigata), and dwarf wedgemussel (Alasmidonto heterodon). The bald eagle (Halioeetus leucocepholus) is protected under the Bald and Golden Eagle Protection Act. The bald eagle and dwarf wedgemussel were addressed in a previous report. The rusty -patched bumble bee (Bombus affinis), previously listed as endangered for Durham County, has been removed from the list for Durham County. No action is needed for this species. VHB conducted site visits on January 19, 2017 and found potential habitat for the endangered Michaux's sumac and smooth coneflower in areas along the project corridor, necessitating a survey for both species during the USFWS- recommended optimal survey windows (May -October for both). Michaux's sumac USFWS Optimal Survey Window: May -October Habitat Description: Michaux's sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky, open, upland woods on acidic or circumneutral, well -drained sands or sandy loam soils with low cation exchange capacities. The species is also found on sandy or submesic loamy swales and depressions in the fall line Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights-of-way; areas where forest canopies have been opened up by blowdowns and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e.g., mowing, clearing, grazing, periodic fire) maintains its open habitat. Smooth coneflower USFWS Optimal Survey Window: late May -October Habitat Description: Smooth coneflower, a perennial herb, is typically found in meadows, open woodlands, the ecotonal regions between meadows and woodlands, cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights-of-way. In North Carolina, the species normally grows in magnesium- and calcium - rich soils associated with gabbro and diabase parent material, and typically occurs in Iredell, Misenheimer, and Picture soil series. It grows best where there is abundant sunlight, little competition in the herbaceous layer, and periodic disturbances (e.g., regular fire regime, well-timed mowing, careful clearing) that prevents Ref: Ephesus Church Road Sidewalk Projects June 6, 2017 Page 2 encroachment of shade -producing woody shrubs and trees. On sites where woody succession is held in check, it is characterized by a number of species with prairie affinities. VHB Senior Environmental Scientist, Rachelle Beauregard, conducted a survey for Michaux's sumac and smooth coneflower along the project corridor on May 29, 2017. The survey area included areas within the slope stake limits and easement lines shown on the 25% plans dated 1/31/17. Much of the area within the project limits is highly maintained residential yards. These areas do not contain habitat for these species. Vegetation in some areas not regularly maintained were too dense and tall to provide habitat for these species. Some habitat exists in areas that are fairly open and not regularly maintained. These areas were surveyed on foot. No Michaux's sumac or smooth coneflower were found. A search of the North Carolina Natural Heritage Database (dated April 2017) indicated an Element Occurrence (EO) of smooth coneflower within 500 feet of the project. This is a historical record, last observed in 1992. This occurrence was along Nottingham Road. During the site visit on May 29, this EO was not found. It appears that development at the previous EO site has occurred in recent years, perhaps resulting in a localized extirpation. Based on the fact that no Michaux's sumac or smooth coneflower was found during the survey, and the documented record of smooth coneflower was not found, it is VHB's professional opinion that this project will have No Effect on these species. Please contact me at 919-741-5543 if you have any questions.