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HomeMy WebLinkAbout20191372 Ver 1_PCN Form Submission_20191008DR 02*10n of Water R"Ourc" Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned * Version#* 20191372 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Mooresville Regional Office - (704) 663-1699 Alan Johnson:eads\adjohnsonl Information for Initial Review 1a. Name of project: Bessemer City Stream Bank Stabilization 1a. Who is the Primary Contact?* Jonathan Herman 1b. Primary Contact Email:* jonathan.herman@mcgillassociates.com Date Submitted 10/8/2019 Nearest Body of Water LTT-1 to Abernethy Creek Basin Catawba Water Classification C Site Coordinates Latitude: 35.262291 A. Processing Information County (or Counties) where the project is located: Gaston Is this project a public transportation project?* r Yes r No Longitude: -81.278320 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable venters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) 1c. Primary Contact Phone:* (828)386-1920 1c. Has the NWP or GP number been verified by the Corps? r' Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: P 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 13 - Bank Stabilization 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)press F Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- Yes r No 19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r• Yes r- No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r- Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? Q Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? C Yes r- No 2. Owner Information 2a. Name(s) on recorded deed: N/A (City of Bessemer City is sewer easement holder) 2b. Deed book and page no.: N/A 2c. Responsible party: N/A 2d. Address Street Address 132 West Virginia Avenue Address Line 2 City Bessemer City Postal / Zip Code 28016 2e. Telephone Number: (704)629-5542 2g. Email Address:* jinman@bessemercity.com C. Project Information and Prior Project History 1. Project Information State / Rwince / lbjicn North Carolina Country us 2f. Fax Number: r- Yes r No r- Yes r No 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/town: Bessemer City 2. Project Identification 2a. Property Identification Number: N/A 2c. Project Address Street Address WA Address Line 2 CKY Bessemer City Ristal / Zip Cade 28016 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT -1 to Abernethy Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12 -digit HUC in which the project is located. 030501011501 4. Project Description and History 2b. Property size: N/A State / Ravine / Ibglon North Carolina Country United States 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* An existing stream bank has experienced severe erosion in recent years and caused an adjacent sewer pipe to be exposed. The exposed portion of pipe is currently within the stream bed. The project site is within undeveloped forest. An overhead powerline is approximately 150 feet from the project site. Several residential properties are in the project vicinity. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) USGS MAP.pdf 934.08KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Soil Map.pdf 1.37MB 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 113 4h. Explain the purpose of the proposed project:* The purpose of the project is to prevent damage to an exposed sewer pipe from high velocity stream flows and restore a stream bank to stable conditions. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project involves the addition of boulder toe protection, coir matting, native seeding, live stakes, and grading of stream slopes to prevent further erosion issues. The bank stabilization design also provides additional cover around the sewer pipe for protection. Approximately 113 linear feet of temporary impacts to the stream are anticipated. it is anticipated small earth -moving equipment including skid -steer loaders and mini -excavators will be utilized for project work. Access to the project area is provided via an existing road and cleared sewer line easement. No wetlands were found within the project area or access areas. 4j. Please upload project drawings for the proposed project. 12.01118 -Draft Bessemer City Streambank Stabilization Plans.pdf 2MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved R Not Verified r Unknown r WA Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jonathan Herman Agency/Consultant Company: McGill Associates, P.A. Other: 5d1. Jurisdictional determination upload Delineation Map.pdf 216.64KB 6. Future Project Plans 6a. Is this a phased project?* r Yes G- No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r" Wetlands p Streams -tributaries F Buffers r" Open Waters r" Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. StreamType * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 113 3j. Comments E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: 113 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The currently eroding stream bank Wll be returned to a more stable slope and stabilized with boulder toe protection, fully biodegradable matting, native live stakes, and native riparian seed mix The proposed work should reduce future erosion into the stream. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During construction the work area will be de -watered vdth a pump around diversion and all work will be performed "in the dry" to minimize erosion into the stream. The emsting stream ford and access road will be stabilized with temporary gravel or timber mats. 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? r Yes F No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: LIT -1 to Abernethy Creek will be temporarily impacted to perform bank stabilization activities. No permanent impacts are anticipated. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan S1 stabilize eroding stream bank Temporary Bank Stabilization UT -1 to Abernethy Creek Perennial Corps 0 113 and protection of a)posed Average (feet) (linear feet) sewer pipe 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 113 3j. Comments E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: 113 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The currently eroding stream bank Wll be returned to a more stable slope and stabilized with boulder toe protection, fully biodegradable matting, native live stakes, and native riparian seed mix The proposed work should reduce future erosion into the stream. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During construction the work area will be de -watered vdth a pump around diversion and all work will be performed "in the dry" to minimize erosion into the stream. The emsting stream ford and access road will be stabilized with temporary gravel or timber mats. 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? r Yes F No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: LIT -1 to Abernethy Creek will be temporarily impacted to perform bank stabilization activities. No permanent impacts are anticipated. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent toprotected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? f Yes r No If no, explain why: The project is in the Catawba River basin. Catawba Buffer Rules only apply as follows which does not include the project location: within 50 feet of all shorelines along the Catawba River mainstem below Lake James to the NC/SC border and all shorelines of the Catawba mainstem lakes including, Lake James, Lake Rhodhiss, Lake Hickory, Lookout Shoals Lake, Lake Norman, Mountain Island Lake and the North Carolina portion of Lake Wylie 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? * r Yes r No Comments:* Local funds will be used to carry out the project work which do not require a NEPA or SEPA document. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The project is intended to protect an existing sewer pipe and stabilize a stream bank. The project will not increase the capacity of the sewer pipe or encourage development on the property. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Data Explorer - http://ncnhde.natureserve.org USFWS iPac website - https://ecos.Nws.gov/ipac/ Consultation Documentation Upload NCNHP.pdf 872.8KB iPac Species List_ Asheville Ecological Services Field Office.pdf 274.45KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* https://vwwv.habitat.noaa.gov/application/efhmapper/index.html 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 status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC DNCR Historic Preservation Office web service - http://gis.ncdcr.gov/hpoweb/ 7c. Historic or Prehistoric Information Upload NCSHPO Map.pdf 1.73MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: The project does not propose any structures in floodplain areas. Boulder toe protection and stream bank stabilization measures are designed to return the stream bank to the original elevations prior to erosion. A floodplain development permit will be obtained through the Gaston County Floodplain Administrator. 8c. What source(s) did you use to make the floodplain determination?* North Carolina Flood Risk Information System website - https://fris.nc.gov/fris/index.aspx?FIPS=071 &ST=NC&user=General Public# Miscellaneous - Comments Miscellaneous attachments not previously requested. Floodplain Map.pdf Signature V By checking the box and signing below, I certify that: 441.14KB . I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); . I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Jonathan Herman Signature Date 10/8/2019 me ill _ _. AGENT AUTHORIZATION FORM PROJECT NAME: Stream Bank Stabilization Plan for Unnamed Tributary to Abernethy Creek PROPERTY LEGAL DESCRIPTION: N/A (Sewer Easement) PARCEL ID: N/A (Sewer Easement) STREET ADDRESS: N/A (Proiect Coordinates: 35015'50.74"N, 81016'42.39"W) Please Print Property Owner/Representative: City of Bessemer City (Easement Holder)/ Jamie Ramsey (If Representative) Title: Assistant City Manager, City of Bessemer City The undersigned, registered property owners of the above noted property, do hereby authorize Jonathan Herman & ]on Swaim, of McGill Associates P.A. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's/Representative's Address (if different than property above): 321 East Lee Avenue Bessemer City, NC 28016 Telephone: 704-629-5398 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. uthor zed Signature Authorized Signature Date: (T _ Z Date: 1013 STATE FARM ROAD, BOONE, NORTH CAROLINA 28607 1 828.386.1920 1 www.mcgillassociates.com 500 0 250 500 1000 500DIVISION VALUE = FEETGRAPHIC SCALE USGS MAP 1 FIGURE GASTON COUNTY, NORTH CAROLINA CITY OF BESSEMER CITY STREAMBANK STABILIZATION9/24/19 DATE 12.01118 PROJECT # D. CHAPMAN PROJECT MANAGER L:\HICKORY\PROJECTS\2012 PROJECTS\12.01118 CITY OF BESSEMER CITY - GENERAL SERVICES\ENVIRONMENTAL\STREAMBANK STABILIZATION - UT-CROWDERS CREEK\12.01118-BESSEMER CITY STREAMBANK STABILIZATION.DWG PLOT DATE 9/24/2019 4:51 PM ALEX LOWDERMILK1013 State Farm Road Boone, NC 28607 828.386.1920 NC Firm License # C-0459 mcgillassociates.com Project Limits Soil Map—Gaston County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/25/2019 Page 1 of 3390225039022703902290390231039023303902350390237039023903902410390225039022703902290390231039023303902350390237039023903902410474560474580474600474620474640474660474680474700474720474740474760474780474800 474560 474580 474600 474620 474640 474660 474680 474700 474720 474740 474760 474780 474800 35° 15' 52'' N 81° 16' 47'' W35° 15' 52'' N81° 16' 37'' W35° 15' 46'' N 81° 16' 47'' W35° 15' 46'' N 81° 16' 37'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 50 100 200 300 Feet 0 15 30 60 90 Meters Map Scale: 1:1,160 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Gaston County, North Carolina Survey Area Data: Version 18, Sep 10, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 23, 2014—Nov 28, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Gaston County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/25/2019 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI ChA Chewacla loam, 0 to 2 percent slopes, frequently flooded 2.6 45.3% TaD Tatum gravelly loam, 8 to 15 percent slopes 0.3 5.4% TaE Tatum gravelly loam, 15 to 25 percent slopes 2.8 49.3% Totals for Area of Interest 5.8 100.0% Soil Map—Gaston County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/25/2019 Page 3 of 3 GASTON COUNTY, NORTH CAROLINA CITY OF BESSEMER CITY STREAM BANK STABILIZATION PLAN FOR UNNAMED TRIBUTARY TO ABERNETHY CREEK SCHEDULE OF DRAWINGS SEPTEMBER 24, 2019 VICINITY MAP G-001 . . . . . COVER SHEET C-101 . . . . . PLAN AND CROSS SECTIONS C-102 . . . . . NOTES AND DETAILS (1) C-103 . . . . . NOTES AND DETAILS (2) DIVISION VALUE = FEETGRAPHIC SCALE 1000 0 500 1000 2000 1000 L:\HICKORY\PROJECTS\2012 PROJECTS\12.01118 CITY OF BESSEMER CITY - GENERAL SERVICES\ENVIRONMENTAL\STREAMBANK STABILIZATION - UT-CROWDERS CREEK\12.01118-BESSEMER CITY STREAMBANK STABILIZATION.DWG PLOT DATE 9/24/2019 11:39 AM JONATHAN M. HERMANmcgillassociates.com 1013 State Farm Road Boone, NC 28607 828.386.1920 NC Firm License # C-0459 DRAFT PLAN AND CROSS SECTIONS1013 State Farm Road Boone, NC 28607 828.386.1920 NC Firm License # C-0459 mcgillassociates.com GASTON COUNTY, NORTH CAROLINA CITY OF BESSEMER CITY DIVISION VALUE = FEETGRAPHIC SCALE 100 0 50 100 200 100 0 D. CHAPMAN D. CHAPMAN J. HERMAN J. SWAIM SEPTEMBER 2019 12.01118 N/A C-101 PLAN SCALE: 1"= 10'L:\HICKORY\PROJECTS\2012 PROJECTS\12.01118 CITY OF BESSEMER CITY - GENERAL SERVICES\ENVIRONMENTAL\STREAMBANK STABILIZATION - UT-CROWDERS CREEK\12.01118-BESSEMER CITY STREAMBANK STABILIZATION.DWG PLOT DATE 9/24/2019 11:39 AM JONATHAN M. HERMANNO.DATE BY DESCRIPTION SHEET OFFICE MANAGER PROJECT MANAGER DESIGNER REVIEWER DATE PROJECT #FUNDING # CROSS SECTIONS SCALE: 1"= 3' STREAM BANK STABILIZATION PLAN FOR UNNAMED TRIBUTARY TO ABERNETHY CREEK DRAFT L:\HICKORY\PROJECTS\2012 PROJECTS\12.01118 CITY OF BESSEMER CITY - GENERAL SERVICES\ENVIRONMENTAL\STREAMBANK STABILIZATION - UT-CROWDERS CREEK\12.01118-BESSEMER CITY STREAMBANK STABILIZATION.DWG PLOT DATE 9/24/2019 11:39 AM JONATHAN M. HERMANNO.DATE BY DESCRIPTION SHEET OFFICE MANAGER PROJECT MANAGER DESIGNER REVIEWER DATE PROJECT #FUNDING # NOTES AND DETAILS (1)1013 State Farm Road Boone, NC 28607 828.386.1920 NC Firm License # C-0459 mcgillassociates.com GASTON COUNTY, NORTH CAROLINA CITY OF BESSEMER CITY DIVISION VALUE = FEETGRAPHIC SCALE 100 0 50 100 200 100 0 D. CHAPMAN D. CHAPMAN J. HERMAN J. SWAIM SEPTEMBER 2019 12.01118 N/A C-102 – “” STREAM BANK STABILIZATION PLAN FOR UNNAMED TRIBUTARY TO ABERNETHY CREEK DRAFT BOULDER TOE INSTALLATION NOT TO SCALE LIVE STAKE & COIR MAT INSTALLATION NOT TO SCALE L:\HICKORY\PROJECTS\2012 PROJECTS\12.01118 CITY OF BESSEMER CITY - GENERAL SERVICES\ENVIRONMENTAL\STREAMBANK STABILIZATION - UT-CROWDERS CREEK\12.01118-BESSEMER CITY STREAMBANK STABILIZATION.DWG PLOT DATE 9/24/2019 11:39 AM JONATHAN M. HERMANNO.DATE BY DESCRIPTION SHEET OFFICE MANAGER PROJECT MANAGER DESIGNER REVIEWER DATE PROJECT #FUNDING # NOTES AND DETAILS (2)1013 State Farm Road Boone, NC 28607 828.386.1920 NC Firm License # C-0459 mcgillassociates.com GASTON COUNTY, NORTH CAROLINA CITY OF BESSEMER CITY DIVISION VALUE = FEETGRAPHIC SCALE 100 0 50 100 200 100 0 D. CHAPMAN D. CHAPMAN J. HERMAN J. SWAIM SEPTEMBER 2019 12.01118 N/A C-103 P PUMP AROUND DIVERSION NOT TO SCALEP STREAM BANK STABILIZATION PLAN FOR UNNAMED TRIBUTARY TO ABERNETHY CREEK DRAFT PLAN AND CROSS SECTIONS1013 State Farm Road Boone, NC 28607 828.386.1920 NC Firm License # C-0459 mcgillassociates.com GASTON COUNTY, NORTH CAROLINA CITY OF BESSEMER CITY DIVISION VALUE = FEETGRAPHIC SCALE 100 0 50 100 200 100 0 D. CHAPMAN D. CHAPMAN J. HERMAN J. SWAIM SEPTEMBER 2019 12.01118 N/A C-101 PLAN SCALE: 1"= 10'L:\HICKORY\PROJECTS\2012 PROJECTS\12.01118 CITY OF BESSEMER CITY - GENERAL SERVICES\ENVIRONMENTAL\STREAMBANK STABILIZATION - UT-CROWDERS CREEK\12.01118-BESSEMER CITY STREAMBANK STABILIZATION-DELINEATION.DWG PLOT DATE 9/26/2019 10:52 AM JONATHAN M. HERMANNO.DATE BY DESCRIPTION SHEET OFFICE MANAGER PROJECT MANAGER DESIGNER REVIEWER DATE PROJECT #FUNDING # CROSS SECTIONS SCALE: 1"= 3' STREAM BANK STABILIZATION PLAN FOR UNNAMED TRIBUTARY TO ABERNETHY CREEK DRAFT USDA FSA, GeoEye, CNES/Airbus DS NR Points NR Individual Listing NR Listing, Gone NRHD Center Point NR Boundaries National Register Boundary Boundary of Destroyed/Removed NR Listing SL Points SL Individual Entry SL and DOE entry Study List Entry, Gone September 25, 2019 0 0.2 0.40.1 mi 0 0.3 0.60.15 km 1:10,256 Se p 11 , 2019¯ No rth Car ol ina F loo dpl ain Mapping Program ■ ■■■ Roy Cooper. Governor 00 0 NC DEPARTMENT OF Susi Hamilton, Secretary ■■L■■ NATURAL AND CULTURAL RESOURCE=S IN won Walter Clark, Director, Land and Water Stewardship NCNHDE-10215 September 11, 2019 Alex McGill Associates, PA 1013 State Farm Road Boone, NC 28607 RE. Bessemer City Exposed Sewer Line Project Dear Alex. The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodnev.butlerWncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH. NC 27699 & OFC 919.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Bessemer City Exposed Sewer Line Project September 11, 2019 NCNHDE-10215 No Element Occurrences are Documented Within a One -mile Radius of the Project Area No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Gaston County Open Space Gaston County. multiple local government Local Government Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/hely). Data query generated on September 11, 2019; source: NCNHP, Q3 Jul 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-10215: Bessemer City Exposed Sewer Line Project September 11, 2019 Project Boundary Buffered Project Boundary Managed Area (MAREA) Page 3 of 3 1.20,777 0 0.175 0.35 0.7 mi 0 0.275 0.55 1.1 km Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community h � t:� .. . F rcRrley5 w aAve e ve A ECkvr'la`ki Ave u C 4 �D C i OV'c S C U a ii3e~ Faye Ro o;� b 85 a Se'n alo`r-Marshall%A7thur-Ra'uch�HM'Y A g l � ood Lion a �?�_Y yt F ranKtt� ➢ivd ll J/ N - W+E 2G,r s `. September 11, 2019 Project Boundary Buffered Project Boundary Managed Area (MAREA) Page 3 of 3 1.20,777 0 0.175 0.35 0.7 mi 0 0.275 0.55 1.1 km Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community September 26, 2019 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: Consultation Code: 04EN1000-2019-SLI-0772 Event Code: 04EN1000-2019-E-01971 Project Name: Bessemer City Stream Bank Stabilization Project 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 attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc_counties.html. The AFO website list includes “species of concern” species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmls/project_review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant_survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 09/26/2019 Event Code: 04EN1000-2019-E-01971   2    New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists 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 or the AFO website (the AFO website dates each county list with the day of the most recent update/change) 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 or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmls/project_review/assessment_guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, 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 additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) 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; 09/26/2019 Event Code: 04EN1000-2019-E-01971   3    ▪ ▪ ▪ http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/ towers/comtow.html. 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. Attachment(s): Official Species List Migratory Birds Wetlands 09/26/2019 Event Code: 04EN1000-2019-E-01971   1    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: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 09/26/2019 Event Code: 04EN1000-2019-E-01971   2    Project Summary Consultation Code:04EN1000-2019-SLI-0772 Event Code:04EN1000-2019-E-01971 Project Name:Bessemer City Stream Bank Stabilization Project Project Type:STREAM / WATERBODY / CANALS / LEVEES / DIKES Project Description:The project will disturb approximately 0.1 acres in Bessemer City, North Carolina to protect an existing sewer pipe and stabilize a stream bank. It anticipated the project work will begin within one year. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.26402395817226N81.27842923555409W Counties:Gaston, NC 09/26/2019 Event Code: 04EN1000-2019-E-01971   3    1. Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Threatened Flowering Plants NAME STATUS Dwarf-flowered Heartleaf Hexastylis naniflora No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2458 Threatened Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3849 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 1 09/26/2019 Event Code: 04EN1000-2019-E-01971   1    1. 2. 3. Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT AREA. Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. 1 2 09/26/2019 Event Code: 04EN1000-2019-E-01971   2    1. 2. 3. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects 09/26/2019 Event Code: 04EN1000-2019-E-01971   3    For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ “What does IPaC use to generate the migratory birds potentially occurring in my specified location”. Please be aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ “Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds” at the bottom of your migratory bird trust resources page. 09/26/2019 Event Code: 04EN1000-2019-E-01971   1    ▪ Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE R2UBH