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HomeMy WebLinkAbout20191512 Ver 1_PCN Form Submission_20200130DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes IT No Change only if needed. BIMS # Assigned 20191512 Is a payment required for this project?* IT No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Alan Johnson:eads\adjohnson1 Information for Initial Review 1a. Name of project: Village at Rocky River 1a. Who is the Primary Contact?* Nicholas Parker 1b. Primary Contact Email:* nrparker@amicuseng.com Date Submitted 1 /30/2020 Nearest Body of Water Bearskin Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 34.990132-80.610546 A. Processing Information County (or Counties) where the project is located: Union Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) Version#* 1 Reviewing Office* Mooresville Regional Office - (704) 663-1699 1c. Primary Contact Phone:* (704)902-5771 U 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: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 14 - Linear transportation le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 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 1g. 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? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Harris Teeter Properties, LLC a North Carolina LLC 2b. Deed book and page no.: 3830/784 2c. Responsible party: Harris Teeter Properties, LLC 2d.Address Street Address 701 Crestdale Road Address Line 2 City Matthews Postal / Zip Code 28105 2e. Telephone Number: (704)844-3100 2g. Email Address:* rclink@amicuseng.com 3. Applicant Information (if different from owner) State / Province / Region NC Country USA 2f. Fax Number: r Yes r No r Yes r No 3a. Name: Nicholas Parker 3b. Business Name: Green Street Land Co., LLC 3c.Address Street Address 5615 Potter Road Address tine 2 City Mathews Postal / Zip Code 28104 3d. Telephone Number: (704)902-5771 3f. Email Address:* nrparker@amicuseng.com 4. Agent/Consultant (if applicable) 4a. Name: Nick Creidler 4b. Business Name: Headwater Environmental, Inc. 4c.Address Street Address 1844 Sir Tyler Drive Address tine 2 City Wilmington Postal / Zip Code 28405 4d. Telephone Number: (910)777-8386 4f. Email Address:* nick@headvraterenvironmental.com Agent Authorization Letter* 64f.Agent Authorization Letter.pdf State / Province / RZ gion NC Country USA 3e. Fax Number: State / Province / Region NC Country New Hanover 4e. Fax Number: 73.4KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (d appropriate) Village at Rocky River 1c. Nearest municipality/ town: Monroe 2. Project Identification 2a. Property Identification Number: 2b. Property size: 09348013A;09348013B 55.07 2c. Project Address Street Address Rocky River Road Address tine 2 City State / Province / Region Monroe NC Postal / Zip Code Country 28110 Union 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Bearskin Creek 3b. Water Resources Classification of nearest receiving water:* 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050501 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The site is currently wooded. Three wetland areas and one stream are located on site. Wetland A is located on the northern portion of the site. Wetland B is located on the southern portion of the site, abutting Stream A. Stream A has intermittent flow and drains off -site to the northwest. According to Monroe Code of Ordinances, Code §158.06, a 50-foot vegetative buffer is required along Stream A. Wetland C is located on the central portion of the site. Several mounds of dirt and vegetative debris are located throughout Wetland C. A relic logging access road severes connection between Wetland A and C. The wetland and stream locations were verified by the U.S. Army Corps of Engineers on November 27, 2018 (SAW-2006- 40743). The site is situated in a developing area of Union County. An elementary school is located north of the site. Wooded land, agricultural land, and dwellings are located east of the site. Weddington Road bounds the site to the south followed by a church. North Rocky River Road bounds the site to the west. Wooded and agricultural land are located further west. 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 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2006-40743 Project History Upload SAW-2006-40743 (signed PJD)-signed.pdf 614.67KB 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) C4d.Topo Map.pdf 878.56KB 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) C4e.Printed Soil Map.pdf 1.29MB 4f. List the total estimated acreage of all existing wetlands on the property: 1.67 acres 4g. List the total estimated linear feet of all existing streams on the property: 950 feet 4h. Explain the purpose of the proposed project:* The proposed project involves construction of a residential subdivision consisting of single-family homes. As the population of Union County continues to grow, new affordable housing accommodations are needed to keep up with an increasing population. The proposed subdivision is designed to accommodate and attract middle income families. Access to the proposed subdivision shall be located on the north site of Weddington Road and on the east side of North Rocky River Road. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed project includes development of a 184-lot residential subdivision consisting of single-family homes. A community center and pool shall be located on the central portion of the site. Minor impacts are proposed at Wetland Area A. The proposed residential development w01 avoid Wetland Areas B, C, and Stream A. There will be two access points to the proposed subdivision. The access roads will extend north from Weddington Road and east from North Rocky River Road, respectively. Proposed development of an improved road on the northern portion of site vdll result in 0.084 acre of wetland impacts. The proposed road crossing shall provide neighborhood continuity and access to residential units. A stormweter BMP is designed on the west side of Wetland Area A. 24" reinforced concrete pipe (RFP) shall be used to convey stormwater from the proposed development to the BMP. The RFP piping will discharge directly to the BMP. The BMP shall discharge to an 18" RCP that will be tied in to existing stormwater infrastructure associated with the adjacent school to the north. Timbering of the site will utilize heavy machinery and chainsaws to clear the project areas for development. Bulldozers, backhoes, and excavators will be used in the grading of the site, building of the BMPs, and other aspects associated with the development of a residential subdivision. Additionally, pick-up trucks will be utilized on site by contractors and construction workers. 4j. Please upload project drawings for the proposed project. Survey and Former Site Plans.pdf 663.82KB Site Plans.01-22-2020.Wetlands Exhibit Maps.pdf 691.93KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: Wetland delineation completed by Headwater Environmental in September 2018. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r- Approved r Not Verified r Unknown r- N/A Corps AID Number: SAW-2006-40743 r- Unknown 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Paul Pascarosa; Nick Creidler Headwater Environmental, Inc. 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD (SAW-2006-40743) issued by Bryan Roden Reynolds of the USACE on November 27, 2018. Site visit with Alan Johnson, November 26, 2018. 5d1. Jurisdictional determination upload SAW-2006-40743 (signed PJD)-signed.pdf 614.67KB 6. Future Project Plans 6a. Is this a phased project?* r Yes C No 7b. If yes, explain. Development of the residential subdivision vtll consist of three (3) phases. By building in phases, the developer is managing their budget by ensuring completed houses sell before they invest in building new houses within the proposed subdivision. 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands f Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts r Buffers !a. Site #* (?) 2a1 Reason (?) 2b. Impact type * M �2�e of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*M area* _11 t d A Street P Pine Flat Wetland A Yes Corps 0.084 (acres) C^U 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.084 2g. Total Wetland Impact 0.084 2h. Comments: Permanent wetland impacts are associated with fill needed to build a road on the northern portion of the site. The road shall provide neighbor continuity for the eastern and western portions of the subdivision. The proposed road will ease vehicle traffic on other streets within the development. E. Impact Justification and Mitigation v 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The current site plans were designed to specifically to avoid and minimize impacts to Waters of the U.S. In 2006, the USACE determined there were no Waters of the U.S. within the site boundary (same action ID as current JD). In August 2018, site plans were designed based around the 2006 JD. Therefore, the original site plans for this project were designed without regard to wetland resources. After a preliminary site reconnaissance by the permittee, potential Waters of the U.S. were observed. Headwater was retained to perform a wetland delineation in September 2018. We identified and mapped 1.69 acres of wetland and 950 feet of stream. The wetland delineation was approved by the Army Corps of Engineers on November 27, 2018. Therefore, in retrospect, the original site plans included over 1.5 acres of wetland impacts, and approximately 100 feet of stream impacts. Streets and residential lots were located through Wetland Areas A, B and C, plus a road crossing was designed through Stream A and its associated 50-foot buffer. A third access point to the subdivision was located on the east side of Rocky River Road. In August 2019, the site plans eliminated the stream crossing, altered the road design, and minimized lot size. These site plans depicted a residential lot and a stormwater BMP throughout Wetland Areas A. The stormwater BMP was added to the northern portion of the site, within the footprint of Wetland A. This area was originally selected due to its lower topographic position (i.e. water flows downhill). Permanent impacts to Wetland Area A were minimized to 0.44-acre. In addition to payment into a mitigation bank, a proposition was made to restore Wetland C which included removing relic fill material, restoring the disturbed area to grade, and planting native species. After review of mitigation options and potential restoration efforts, further avoidance and minimization efforts were implemented. The current site plans relocated the proposed BMP to the west of Wetland Area A, and open green space acreage was reduced to accommodate for residential lots. Wetland impacts have been limited to a single road crossing. The proposed project has minimized wetland impacts to a total of 0.084- acre. The permanent wetland impacts are to allowfor a road that connects lots on the northern portion of the site. A mitigation plan has been eliminated from this proposed action since total impacts are less than 0.10-acre. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fencing will be installed prior to construction along the perimeter of the wetlands and stream to minimize sedimentation into these resources. 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 r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent wetland impacts are less than 0.10-acre. Therefore, compensatory mitigation is not required. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes f• No If no, explain why: City of Monroe buffers apply to the intermittent stream. Monroe Code of Ordinances, Code §158.06 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 2d. Which of the following stormwater management program(s) apply: W Local Government r State Local Government Stormwater Programs W Phase II r NSW r USMP r Water Supply Please identify which local government stormwater program you are using. Plan to be submitted to City of Monroe by developer. Comments: Stormwater management plan will be submitted to City of Monroe for review. 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 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 site surrounded by a school to the north, private land to the east, a church and gas station to the south, and a road followed by agricultural land to the west. Additional development is not anticipated. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NIA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. City sewer services 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 Sc. 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 any trees 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 Si. 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? Headwater performed a Biological Assessment of the site, refer to attachment. Consultation Documentation Upload G5.Village.Biological Assessment.pdf 729.16KB G5.Village.Biological Assessment.pdf 729.16KB 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?* NOAA 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 status?* r Yes f• No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* North Carolina State Historic Preservation Office HPOWEB GIS Service 7c. Historic or Prehistoric Information Upload G7c.SHPO Map.pdf 599.81<6 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year flood plain?* f Yes G No 8c. What source(s) did you use to make the floodplain determination?* FEMA Online Flood Service Center: Map Panel # 3710541500J dated October 16, 2008. Miscellaneous U Comments Miscellaneous attachments not previously requested. Signature U W By checking the box and signing below, I certify that: • 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 AGC); • 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: Nicholas Creidler Signature �e444Wd at&l/5t Date 1 /30/2020 Jurisdictional Determination Request UNNOMMMMEN D. PROPERTY ACCESS CERTIFICATION',' By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 13 the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Additionally, by signing this document, I Capacity: ❑✓ Owner ❑Authorized Agents authorize Headwater Environmental, Inc. to c7 �1e %Z serve as my agent regarding the wetland Date Si assessment. E. REASON FOR Jll REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be Q 'gned to avoid all aquatic resources. 1 intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels oNNned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 SOURCE:FIGURE 1LOCATION MAP Date:9/14/2018 Prepared by:NJC USGS 7.5-Minute Topographic Quadrangle Monroe, North Carolina (1989) Controur Interval = 10 feet 0 2,000 4,0001,000 Feet Harris Teeter Site North Rocky River Road Monroe, North Carolina HEnv Project # 2018106A Legend Site boundary 1 inch = 2,000 feet SOURCE:FIGURE 2ARCHIVED SOIL SURVEY MAP Date:9/27/2018 Prepared by:NJC Natural Resources Conservation Service (NRCS) Archived Soil Survey Union County, North Carolina (1996) Harris Teeter Site North Rocky River Road Monroe, North Carolina HEnv Project # 2018106A Legend Site boundary I\ 'Ji ; I I I I . .: ...... _ ~.7' ·/ L s, ' --I I ------~ ___ .... lz -::.:.~---Z;;_, .,_;- ------r;;;t"----.... ..,_, --.,.........,_, ..... ~ . . ,. . . ,. . . ,. _,,,__,. .... OJM: ....... --a ... ,,... a, ,,_,,. -a ... -D> --a , Cl --a • ,,_,,. -... "' ,,_,,. -DI ..... -ca .. a.or -... ,,_,,. -w C6 a.or -01 .... -""' a ..,.. --DO ... -a, .. ... -... ...,. -CII " ..... -ca ... -"' ..... -a, ,.,.. -DI ..... -en u r .,... U C ......... u .. u .,. .... -a ,r I.W LW &W .. ~7~t:'E.::.::,::7_--=~~--~,,.,a ~- ··=:.:..-:-:--:-...:::::·---"'- ·------·-------·--:...:.:..~.=·=~-, ~::.:.:::~= ·----·-.. ---..... _ -------=-':".:.::.:::::.:..--=.; -•:::: .. _______ --:-__ _ -----··-------____ ..... __ .., __ ,, ... _ ------·-------.. --------------·------... _______ ,,.,. .. ----·------· ·-· -----·-····---·---- -----... ---I l • ---..... -.. --• -.. --,Mr .. ,.. d y r .,..,,..,,.STOP ----------------------=== IT'S TH:. 1..A.W ® h,-Ut~I ~ llt 7\4')-e,:-"- C-c, tiC )I0,11 l " =-a: = -~-=::::::: ..... PR ELIMINARY NOTFOR CONSTRUCTION I I ., ✓ t ;, ~ J ?~~ ✓ ~'-~8 f' "~ -': ,~, a;,.t~ ~~ .. i . ~ ? ~ ' < . --(< ·) Overall ~ Site ~ (c::=,) Plan 1§:s CM..1.MICOlil.--ai.L --@:, l. C-2.0! @:, ~ Checked By:Project Number:Drawn By:Date:Revisions:NRPJLM17-17-23001.22.2020AMICUS PARTNERS, PLLC P-119130 South Union StreetConcord, NC 28025P-1191 704.573.1621Wetlands "A" DisturbanceOverall Exhibit MapVillage at Rocky RiverSeal:Sheet:C-0.0NOT FORCONSTRUCTIONORRECORDATIONEXHIBITMAP ONLYWETLANDS "A"3,659 SF/0.084 AC. PERMANENT IMPACTWETLAND "A" IMPACT DUE TOFILL ASSOCIATED WITH ROAD CROSSINGWETLANDS "A" - 25,980 SF/0.596 ACWETLANDS "B"35,326 SF/0.811 AC.NO IMPACTINT. STREAMWETLANDS "C"11,602 SF/0.266 AC.NO IMPACT 18" RCPCB-2024" RCPCB-22CB-1924" RCPCB-18CB-17DCB-1630" RCP30" RCP30" RCPJB-272 4 " R C P 30" RCP40.0'20.0'Checked By:Project Number:Drawn By:Date:Revisions:NRPJLM17-17-23001.22.2020AMICUS PARTNERS, PLLC P-119130 South Union StreetConcord, NC 28025P-1191 704.573.1621Wetlands "A" DisturbanceExhibit MapVillage at Rocky RiverSeal:Sheet:C-0.1NOT FORCONSTRUCTIONORRECORDATIONEXHIBITMAP ONLYWETLANDS "A"3,659 SF/0.084 AC. PERMANENT IMPACTWETLAND "A" IMPACT DUE TOFILL ASSOCIATED WITH ROAD CROSSINGWETLANDS "A" - 25,980 SF Checked By:Project Number:Drawn By:Date:Revisions:NRPJLM17-17-23001.22.2020AMICUS PARTNERS, PLLC P-119130 South Union StreetConcord, NC 28025P-1191 704.573.1621Wetlands "A" DisturbanceCross SectionVillage at Rocky RiverSeal:Sheet:C-0.2NOT FORCONSTRUCTIONORRECORDATIONEXHIBITMAP ONLY September 10, 2019 1:28,890 ❑ 0.28 0,55 11 mi NR Paints SLHD Center Point r NR Individual Listing 0 0.42 0.85 1.7 km SLDOE HD Center Point NR Listing, Gone 5L boundaries * N R H D Center Point Study List Boundary NR Boundaries Both 5L and Determined Eligible Boundary ❑National Register Boundary DOE Points ❑Boundary of DestroyedARemoved N R Listing A Determined E ligibie SL Points A DOE, Gone SL Individual Entry -" 5L and DOE 1 SL and DOE entry SL and DOE, Gone NC Cenler for G eographic Ininrmation &Analysis � Study List Entry, Gone DOE HD Center Paint SL and DOE, Gone SLD0EHD Center Point PCN Application Attachment Village at Rocky River Headwater Project 2018106A2 1 Section G5: Review of endangered species and designated critical habitat Headwater conducted a multiple site visits in September and November 2018, January 2019, and October 2019. The site was clearcut in the early 1990s, and subsequently planted with short leaf pine. The site has been managed as timberland during the past 27 to 28 years. The understory is routinely bushogged and maintained. Currently, the understory is comprised of 3 to 4-year growth and consists of assorted herbaceous and shrub/sapling species. As previously discussed in Section Ci, three wetland systems and stream are located within the site boundary. In general, the site can be divided into three separate habitat areas: Managed pineland The majority of the site is managed pineland. The shortleaf pine trees (Pinus enchinata) are approximately 30 years old. There is no mid-canopy. The understory is somewhat dense and is comprised of assorted shrubs, saplings, and herbaceous species. Species observed include, but are not limited to, Chinese privet (Ligustrum sinense), black cherry (Prunus serotina), black ash (Fraxinus nigra), pokeweed (Phytolacca Americana), stinking chamomile (Anthemis cotula), tall beggarticks (Bidens vulgate), and blackberry (Rubus argutus). PFO Wetland Forested wetlands are located on the central and northern portions of the site. The shrubs/sapling layers are light within the forested wetland area. Herbaceous species are fairly dense within the Wetland Area A. Species observed within the forested wetland areas include shortleaf pine, red maple (Acer rubrum), sweet gum (Liquidambar styraciflua), groundsel tree (Baccharis halimifolia), soft rush (Juncus effuses), common thresquare (Schoenoplectus pungens), slender woodoats (Chasmanthium laxum), and various sedges (Carex spp.). Wetland Area C is a sparsely vegetated concave surface with a peripheral of water oak (Quercus nigra), sweetgum and mockernut hickory (Carya tomentosa). The upper reach of Wetland A is seasonally saturated. The remainder of Wetland A and all of Wetland C are seasonally inundated with several inches of water, This seasonal inundation is primarily due to poor surface water management by the timbering activity and adjoining property to the north. Narrow Riparian Corridor and PSS Wetland An intermittent stream is located on the southern portion of the site. The stream flows off- site to the southeast and is a tributary of Bearskin Creek. The narrow riparian corridor is comprised of assorted trees and scrub/shrub vegetation extending approximately 15 feet horizontally along the stream bank. Species observed include red maple, short leaf pine, water oak, wax myrtle (Morella cerifera), sweet gum, box elder (Acer negundo), Chinese privet (Ligustrum sinense), greenbriar (Smilax rontundifolia), and muscadine grape (Vitus rontundifolia). In the fall and winter, the perennial stream has a steady flow and is tannin rich. The stream receives sediment from the adjacent agricultural fields. Habitat for assorted macrobenthic organisms, minnows, and amphibians is minimal. PCN Application Attachment Village at Rocky River Headwater Project 2018106A2 2 FEDERALLY LISTED SPECIES There are seven species listed by the USFWS in Union County, North Carolina: Name Scientific Name Taxonomic Group Federal Status Carolina heelsplitter Lasmigona decorata Clam E Atlantic pigtoe Fusconaia masoni Clam PT Schweinitz's sunflower Helianthus schweinitzii Flowering Plant E Michaux's sumac Rhus michauxii Flowering Plant E Ravine sedge Carex impressinervia Flowering Plant UR Tricolored bat Perimyotis subflavus Mammal UR E: Endangered; UR: Potential Threatened; UR: Under Review Species Description Carolina heelsplitter (Lasmigona decorata) The Carolina heelsplitter is a freshwater mussel with an ovate, trapezoid-shaped shell, growing up to 4.6 inches in length. The outer surface of the shell varies from greenish brown to dark brown in color, and shells from younger specimens have faint greenish brown or black rays. The nacre (inside surface) is often pearly white to bluish white, grading to orange in the deepest part of the shell. Historically, the Carolina heelspliter was found throughout the Catawba and Pee Dee River systems. The Carolina heelsplitter habitat requires cool, clean, well-oxygenated water with stable, silt-free stream bottoms. Typically, stable areas occur where the stream banks are well-vegetated with a mature forested canopy and shrubs. It is not known to inhabit narrow stream less than 5 feet in width. The Carolina heelsplitter inhabits larger order low gradient creeks with available sections of pooling. Atlantic pigtoe (Fusconaia masoni) The shell of the Atlantic pigtoe is a chunky, rhombus shape, like that of a pig’s hoof/toe. There is a distinct posterior ridge. The outer surface of the shell is yellow to dark brown and parchment- like, while the inner layer is iridescent blue to salmon, white, or orange. Although larger specimens exist, the Atlantic pigtoe rarely exceeds two inches in length. Young individuals may have greenish rays across the entire shell surface. When collected fresh, the interior surface (nacre) in the shell tends to be salmon colored and sometimes iridescent. Atlantic pigtoe has interlocking hinge “teeth” on the inside of the shell to help keep the two valves in proper alignment. The preferred habitat of the Atlantic pigtoe is coarse sand and gravel, and rarely in silt and detritus. Historically, the best populations existed in small creeks to larger rivers with excellent water quality, where flows were sufficient to maintain clean, silt-free substrates. The Atlantic pigtoe rely on host fish for successful reproduction. Each mussel species has specific fish species (host fish) that are needed by the glochidia to keep growing to ultimately transform into juveniles. After a few weeks of living as parasites, they drop off and land on the river bottom where they grow into adults. Atlantic pigtoe are tachytictic (short term breeders) that usually release their larvae by July or August. PCN Application Attachment Village at Rocky River Headwater Project 2018106A2 3 Schweinitz's sunflower (Helianthus schweinitzii) This plant is a perennial herb that produces solitary stem, five to six feet tall, and bears yellow flower heads in late summer and early autumn. It occurs within clearings in upland oak-pine- hickory woods and piedmont longleaf pine forests in moist to mostly dry sandy loams. This species requires full to partial sun of an open habitat. This habitat is historically associated with areas that experience wildfires and grazing by herds of bison and elk. Now, most occurrences are confined to roadsides and powerline clearings. Michaux's sumac (Rhus michauxii) This plant is a low-growing, densely hairy, dioecious scrub. It is usually between one and three feet in height. The leaves are pinnately compound with seven to 13 leaflets that are coarsely toothed. The female plants produce erect clusters of greenish-yellow to white flowers with four to five parts, and conspicuous red drupes. It generally flowers from April to June and fruits persist from August through September or October. Many populations do not contain plants of both sexes. Michaux's sumac occurs in sandy or rocky open woods, sometimes in association with circumneutral soils. In the eastern Piedmont, it occurs on sand soils derived from granite. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. In all of its habitats, Rhus michauxii is dependent upon some form of disturbance to maintain the open quality of its habitat. Ravine sedge (Carex impressinervia) The ravine sedge is a perennial, grass-like herb forming dense clumps connected by underground stems or rhizomes. Flowering stems are 10 - 34 inches tall and yellow-brown. Leaf sheaths are hairless and greenish-white or light tan. Leaf blades are about ⅛ inch wide and smooth, except for a hairy mid-vein; the lower part of the leaf is a hairless, pale green or tan sheath encircling the base of the stem. Old, fibrous leaf bases persist at the base of the plant. The topmost flower spike is up to 1½ inches long, solitary at the top of the flowering stem, and contains male flowers only. Lateral flower spikes are up to 1¾ inches long, with both female and male flowers, 2 - 4 spikes per stem, and are held below the male-flowered spike on the same stem; each spike with 5 - 11 fruits. The fruit body is about ⅛ inch long with a short, bent stalk and sharply bent tip, tightly enclosed in a 3-sided, heavily veined sac. Ravine sedge occurs in vegetatively diverse moist to wet deciduous forests. It is usually found on gentle slopes above and in the floodplains of small streams, usually in areas with mafic (rich in magnesium and iron) or slate bedrock Tricolored bat (Perimyotis subflavus) The tricolored bat, formerly known as the eastern pipistrelle, is a small bat weighing 5 to 8 grams and has a wingspan of 8 to 10 inches. The term “tricolored” refers to the bat’s yellowish-brown coat that is dark at the base, yellowish-brown in the middle, and dark at the tips. The wing membranes are blackish, but the face and ears have a pinkish color. An obvious identifying characteristic of this species is the pink color of the skin on the radius bone. Tricolored bats are associated with forested landscapes, along waterways. They can also be found over water and adjacent to water edges. In South Carolina, sparse vegetation and early successional stands were found to be the best predictor of foraging habitat use by tricolored bats. These bat primarily feeds over water and forest edges. Mature stands of deciduous trees, along perennial streams, are preferred by this species. They can also rely on farm ponds and other water sources provide some trees are available in the vicinity, They are not often found in deep woods, seeming to prefer edge habitats near areas of mixed agricultural use. These bats have PCN Application Attachment Village at Rocky River Headwater Project 2018106A2 4 been found to feed on large hatches of grain moths emerging from corn cribs, indicating that they may be of important agricultural benefit. Hibernation sites are found deep within caves or mines in areas of relatively warm, stable temperatures. White nose syndrome and habitat loss are the biggest threats to tricolored bats. Additional State listed species of concern Name Scientific Name Taxonomic Group State Status Smooth sunflower Helianthus laevigatus Flowering plant SC Eastern creekshell Villosa delumbis Clam SR SC: Special Concern; SR: Significantly Rare Correspondence from the North Carolina Wildlife Resources Commission dated December 5, 2019, indicated there are known records of federally listed Scheinitz’s sunflower and state special concern smooth sunflower (Helianthus laevigatus) near the site, and state significantly rare eastern creekshell mussel (Villosa delumbis) in the watershed. Smooth sunflower (Helianthus laevigatus) This flower is a North American species of sunflower known by the common name smooth sunflower. It is native to the east-central and southeastern United States from Georgia to Maryland. It is a perennial herb up to 220 cm (over 7 feet) tall, spreading by means of underground rhizomes. Most of the leaves are on the stem rather than crowded around the base, each leaf up to 15 cm (6 inches) long. Leaves and stems generally have no hairs, and the undersides of the leaves sometimes appear pale because of a layer of wax on the surface. One plant usually produces 1- 6 flower heads. Each head has 5-10 yellow ray florets surrounding 40 or more yellow disc florets. Helianthus laevigatus requires high light availability and generally occurs in open areas with shale, dolomite, limestone, or ultra-mafic, igneous substrates. In Virginia, West Virginia and Maryland, its habitats include glades and barrens, woodland borders, dry roadsides, and powerline corridors. In North Carolina and South Carolina, all occurrences are in disturbed areas on slate derived soils. Eastern creekshell (Villosa delumbis) The eastern creekshell is very similar to the Carolina creekshell. The periostracum is yellow to dark golden brown with green rays. However, the rays of the eastern creekshell are usually broken instead of continuous. These rays may cover the entire shell or be restricted to the posterior slope. A dark layer of diatoms and algae may be obscure the true colors of the shell. There are two pseudocardinal teeth in each valve; however, the posterior tooth in the left valve and the anterior tooth in the right valve may be vestigial. The lateral teeth are straight and well developed; two in the left valve and one in the right. Finally, the outer margins of the marsupium in the eastern creekshell are black; while, the outer margins of the marsupium in the Carolina creekshell are ivory colored. Preferred habitat for the eastern creekshell consists of small rivers and creeks with mud or soft sand bottoms, particularly where rich in plant detritus. HABITAT REVIEW The on-site stream has intermittent flow, poor riffle-pool systems, and poorly sorted bottom. Habitat for the Carolina heelsplitter, Atlantic pigtoe, and eastern creekshell is not present on site. PCN Application Attachment Village at Rocky River Headwater Project 2018106A2 5 Habitat with an open understory and well drained sandy soils preferred by the Schweinitz’s sunflower and Micheaux’s sunflower is not present on site. The site is relatively flat. The forest is dominated by pine, and bedrock was not observed on site. Therefore, habitat for the ravine sedge is not present. Open areas with exposed rock (such as slate, shale, dolomite, etc.) and full sun are not present on site. Therefore, habitat for the smooth coneflower is not present. There is no hibernacula feature present at the site. A relatively open forest habitat is present on site. However, the site lacks a mature hardwood tree forest (i.e. tree cavities and deciduous leaf foliage), perennial stream, and open water. Therefore, foraging habitat for the tri-colored bat is not present. SITE PHOTOS Headwater Project #2018106A2 Photograph 1. Managed pineland throughout the site. Photo: October 14, 2019. Photograph 2. Lower reach of Wetland A (PFO Wetland) on the northern portion of the site, Photo: September 26, 2018 SITE PHOTOS Headwater Project #201816A2 Photograph 3. Wetland Area C (PFO) on the central portion of the site. Photo: November 26, 2018 Photograph 4. Wetland Area C (PFO) on the central portion of the site. Photo: October 14, 2019 SITE PHOTOS Headwater Project #2018106A2 Photograph 5. Intermittent stream located on the southern portion of the site. Photo: September 26, 2018 Photograph 6. Riparian corridor, scrub/shrub wetland. Photo: September 26, 2018