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HomeMy WebLinkAbout20200503 Ver 1_PCN Form Submission_20200413DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 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?* C Yes r No Change only if needed. BIMS # Assigned 20200503 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Nboresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Oak Springs Road Subdivision 1a. Who is the Primary Contact?* Daniel Kuefler 1b. Primary Contact Email:* d a n ie I. kuefle r@wetl ands-epg. co m Date Submitted 4/13/2020 Nearest Body of Water North Fork Crooked Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.0964 A. Processing Information County (or Counties) where the project is located: Union Is this a NCDMS Project r Yes r No Longitude: -80.6574 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) Version#* 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (336)554-2728 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: 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 18 - Minor Discharges 29 - Residential Developments le. Is this notification solely for 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 r 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 ILF _duplicate.pdf 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? 4 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: David Duke 2b. Deed book and page no.: 2c. Responsible party: 2d.Address Street Address 7203 Oak Spring Road Address Lim 2 city Indian Trail Postal / Zip code 28079 2e. Telephone Number: (704)882-8319 2g. Email Address:* daniel.kuefler@vvetlands-epg.com State / Province / legion NC country USA 2f. Fax Number: 355.22KB r Yes r No r Yes r No 3. Applicant Information (if different from owner) 3a. Name: BartHopper 3b. Business Name: Hopper Communities 3c.Address Street Address 1616 Cleveland Ave Address Line 2 aty State / Province / legion Charlotte NC Postal / Zip Code Country 28203 USA 3d. Telephone Number: 3e. Fax Number: (704)805-4801 3f. Email Address:* d a n ie I. kuefle r@wetl ands-epg. co m 4. Agent/Consultant (if applicable) 4a. Name: Daniel Kuefler 4b. Business Name: Wetlands & Environmental Planning Group 4c.Address Street Address 10612-D Providence Road, PMB 550 Address Line 2 city Slate / Province / legion Charlotte NC Postal / Zip Code Country 28227 USA 4d. Telephone Number: 4e. Fax Number: (336)554-2728 4f. Email Address:* heath.caldwell@vvetlands-epg.com Agent Authorization Letter* Agent Auth _duplicate.pdf C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Indian Trail 2. Project Identification 2a. Property Identification Number: 2b. Property size: 61.8 2c. Project Address Street Address NE of intersection of Oak Springs Rd & Strand Lane Address Line 2 city State / Province / legion Indian Trail NC Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* 126.26KB 6 North Fork Crooked Creek 3b. Water Resources Classification of nearest receiving water:' C 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. 030401050702 4. Project Description and History 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:* The site is a mosaic of disturbed forest cover, cropland, large cow pastures, farm roads, fencerows, farm buildings, and residential property with typical landscaping. The wooded areas are associated with upland slopes in the southern portion of the site, and the floodplain woodlands along North Fork Crooked Creek which runs through the northern portion of the site. 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 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) USGS _duplicate.pdf 264.79KB 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) Soils _duplicate.pdf 333.08KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.49 4g. List the total estimated linear feet of all existing streams on the property: 2657 4h. Explain the purpose of the proposed project:* The project consists of grading, fill & BMP for a residential development. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc. 4j. Please upload project drawings for the proposed project. plans _duplicate.pdf 4.37MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes f 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 N/A Corps AID Number: SAW-2019-00104 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A Preliminary Jurisdictional Determination request was submitted on 1/15/2019 (SAW-2019-00104) and was field verified by Bryan Roden -Reynolds on 2/26/2019. The site verification has been included in the Jurisdictional Determination Section. 5d1. Jurisdictional determination upload delineation _duplicate.pdf 382.73KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Buffers W Open Waters r Pond Construction 2. Wetland Impacts f�� 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.2d. W. name* 2e. Forested 2f. Type of 2g. Impact Jurisdicition*(?) area* W1 Fill P Headwater Forest Wetland B Yes Corps 0.236 (acres) ff77] Excavation J Headwater Forest -A Wetland N1VV Yes Corps 0.002 (acres) 2g. Total Temporary Wetland Impact 0.002 2g. Total Wetland Impact 0.238 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.236 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact * 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact ❑ (?) Jurisdiction* length* S1 Grading 9 Permanent Fill Stream C Intermittent Corps P 6 49 Average (feet) (lir�rfeet) S2 Grading 9 Permanent Fill Stream D Intermittent Corps P 6 39 Average (feet) (lir�rfeet) S3 Grading 9 Permanent Fill Stream E Perennial Corps P 6 66 Average (feet) (linearfeet) fl-tility crossing Temporary Excavation Stream G Perennial Corps 6 42 Average (feet) (lir�rfeet) 3i. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 154 42 31. Total stream and ditch impacts: 196 3j. Comments: 35LF of the 66LF of rip rap to be installed in Stream E will be installed at pre -construction streambed elevations and not contribute to a loss of Waters of the US. Total loss to Waters of the US within streams for the proposed project includes 119LF. 4.Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area 01 Grading P Pond A Fill Pond 0.24 _11 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.24 4h. Comments: Impact is 0.237 ac E. Impact Justification and Mitigation 4g. Total permanent open water impacts: 0.24 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Due to the location of the on site pond, streams and wetlands, opportunities to completely avoid these areas were limited. Impacts to site surface waters associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access routes. 2:1 slopes have been implemented to limit impacts to site surface waters. The applicant has demonstrated substantial avoidance and minimization efforts in which 94 % of onsite streams will be avoided. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. 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 2c. If yes, mitigation is required by (check all that apply): F DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? F Mitigation bank W Payment to in -lieu fee F Perri Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.236 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments Mitigation is proposed at a 2:1 ratio for all wetland impacts. No mitigation is proposed for impacts to Open Water Pond A. 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 INC Riparian Buffer Protection Rules? r- Yes f• No If no, explain why: 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 15ANCAC 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 r N/A - project disturbs < 1 acre 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. Indian Trail Comments: Storm water on the site will be handled by the facilities shown on the attached plans. The stormwater plan has not yet been approved by the Town of Indian Trail but has been designed to meet their criteria. G. Supplementary Information U 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. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NA 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. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 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 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 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? A Threatened/Endangered species assessment was conducted in which no species were identified. Please refer to the Threatened and Endangered Species Report for additional information on listed, protected species. Consultation Documentation Upload T&E _duplicate.pdf 182.76KB 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?* No essential fish habitat in this region 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?* SHPO'swebsite: http://gis.ncdcr.gov/hpoveb/ 7c. Historic or Prehistoric Information Upload 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: An application for floodplain development will be submitted to local floodplain coordinator (LUESA) for approval of proposed fill within the floodplain. Final approval Will be provided upon receipt. 8c. What source(s) did you use to make the floodplain determination?* hftp://gis-vveb.co.union.nc.us/goniaps/#; www.fema.gov; Miscellaneous Comments A compiled PCN package is attached, including ORM, cover letter, forms, maps, photos and other supporting documentation. Miscellaneous attachments not previously requested. OakSprings_PCN _compiled 041220.pdf Signature R By checking the box and signing below, I certify that: 10.38MB 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: Daniel Kuefler Signature Date 4/13/2020 April 6, 2020 Bart Hopper Hopper Communities 1616 Cleveland Ave. Charlotte, NC 28203 Expiration of Acceptance: 10/6/2020 Project: Oak Springs Road Subdivision County: Union The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in- lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Yadkin 03040105 Riparian Wetland 0.5 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Heath Caldwell, agent Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Ptoject/Site Name: Oak Springs Site Property Address: Oaksprit7g Road, Indian Trail, NC, 28079 10922965, 07081004B, K70810041 07081005A, K7081006, Parcel Identification Number (PIN): K7081008, M7081008, M7081005, K7081005, M7081006 Select one: I atn an interested buyer/seller Name: J. Bart Hopper Company: JBH Development, LLC Mailing Address: 1814 Euclid Ave, Charlotte, NC 28203 Telephone Number•: 704-805-4801 Electronic MaiIAddress: bhopper@hoppercommunities.com l Interested Buyer's / Sher* � The Interested Bzryer /Other• acknowledges that an agreement arzd/or• formal cor7tr•act to pzu•chase arzd/or• condztct dzre diligence activities exists beht�een the czrr•rent property otinner• and the signatory of this azrthorization in cases inhere the property is not owned by the signatory. Charlotte Officer vvvvw.wetlands-epg.com Asheville Office: 10612-D Providence ftd. 1070 Tunnel ad., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 len.rindner@wetlands-epg.com FIGURE NO. 3 OAK SPRINGS Union Co., NC USGS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION DATE: 4/10/20 Drawn By: BLK Reviewed By: PROJECT BOUNDARY STUDY LIMITS LOCATION Lat: 35.0964 ºN Long: -80.6574 ºW HUC: 03040105 LOWER ROCKY RIVER SCALE 1:24,000 ACRES 55.64 USGS QUAD Matthews, NC 1993 NORTH FORK CROOKED CREEK FIGURE NO. 4 OAK SPRINGS Union Co., NC NRCS PUBLISHED SOILS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION DATE: 04/10/20 Drawn By: BLK Reviewed By: PROJECT BOUNDARY STUDY LIMITS NRCS Soils Manuscript Union County (1988) OAK SPRING ROAD O S C A R RO B I N SO N RO AD OSCAR ROBINSON ROADMONROE CONNECTOR-BYPASSINGHAM R O A D THEGROUPOLD SPR ING ROADSTINSON HARTIS ROADE:\Project Folders\Hopper Communities\Oak Springs Road Subdivision 18221\Engineering\Design Drawings\Current\SHEETS\18221-S-WETLANDS.dwg, WI 1.0, 4/10/2020 11:10:28 AM, anewsome, 1:1 OAK SPRING ROADOSCAR ROBINSON ROADOSCAR ROBINSON ROAD MONROE CONNECTOR-BYPASS INGHAM ROADTHE GROUPE:\Project Folders\Hopper Communities\Oak Springs Road Subdivision 18221\Engineering\Design Drawings\Current\SHEETS\18221-S-WETLANDS.dwg, WI 2.0, 4/10/2020 11:10:46 AM, anewsome, 1:1 B23 B24 B25 B26 B27 B28 B29 B30 B31 B32 B33 B34 B35 B22 B21 B20 B19 B18 B17 B16 B15 B14 B13 B12 B11 B10 B9 B8 B7 B6 B5 B4 B3 B2 B1C1 B38 B36 B37 C2 D1 PROP. TASMAN LNPROP. DOG W O O D C R E E K L N THEGROUPE:\Project Folders\Hopper Communities\Oak Springs Road Subdivision 18221\Engineering\Design Drawings\Current\SHEETS\18221-S-WETLANDS.dwg, WI 3.0, 4/7/2020 8:56:27 AM, anewsome, 1:1 B23 B24 B25 B26 B27 B28 B29 B30 B31 B32 B33 B34 B35 B22 B11 B10 B9 B8 B7 B6 B5 B4 B3 B2 B1C1 B38 B36 B37 C2 D1 D2 PROP. DOG W O O D C R E E K L NTHEGROUP E:\Project Folders\Hopper Communities\Oak Springs Road Subdivision 18221\Engineering\Design Drawings\Current\SHEETS\18221-S-WETLANDS.dwg, WI 4.0, 4/7/2020 8:56:46 AM, anewsome, 1:1 WLMF2 WLMF3 WLMF4 WLMF5 WLMF6 WLMF7 WLMF8 WLMF9 WLMF10 WLMF11/WLMF12 WLMF13 WLMF14 WLMF15 WLMF16 WLMF17/WLF1 WLMF27 WLMF26 WLMF25 WLMF24 WLMF23 WLMF22 WLMF21 WLMF20 WLF20 WLF21 WLF22 WLF19 WLF18 WLF17 WLF16 WLF15 WLF14 WLF14 WLF13 WLF12 WLF11 WLF10 WLF9 WLF8 WLF7 WLF6 WLF5 WLF4 WLMF19/WLF3 WLMF18/WLF2 PROP . A U T U M N S A G E D R THEGROUPE:\Project Folders\Hopper Communities\Oak Springs Road Subdivision 18221\Engineering\Design Drawings\Current\SHEETS\18221-S-WETLANDS.dwg, WI 5.0, 4/7/2020 8:57:07 AM, anewsome, 1:1 MW3MW1 MW2 THEGROUPE:\Project Folders\Hopper Communities\Oak Springs Road Subdivision 18221\Engineering\Design Drawings\Current\SHEETS\18221-S-WETLANDS.dwg, WI 6.0, 4/7/2020 8:57:34 AM, anewsome, 1:1 Reviewed By: 3/27/20 FIGURE 13 Drawn By: NRN Prepared for: OAK SPRINGS – ENHANCEMENT Union Co., NC SEWERLINE CROSSING PROFILE For study purposes only - Subject to USACE/NCDEQ Verification OVERALL PROJECT GOALS (1) RE-ESTABLISH STREAM CHANNEL AND BANKS (2) RE-ESTABLISH STREAM BUFFERS ACCORDING TO LOCAL BUFFERS REQUIREMENTS (3) WORK IN THE DRY – PUMP WATER AROUND DURING CONSTRUCTION (4) STABILZE SLOPES WITH COIR FIBER MATTING/BLANKET (5) RE-ESTABLISH NATIVE VEGETATION NATIVE W/SEED & CONTAINERIZED MATERIALS/LIVE STAKES Materials List: 1. Coir Fiber Logs: Diam. 12”, Length 10’ 2. Wooden Stakes: Min. Length 3’ 3. Erosion Fabric: Coir Fiber Mating – NO PLASTIC 4.Sod Staples: 1,000 +/- ---GRADING PLAN BY OTHERS--- Live Stakes/Container Species (3’ on center on slope/5’ on center in adjacent area): Cornus amomum (Silky Dogwood), Salix caroliniana (Carolina Willow), Salix sericea (Silky Willow), Sambucus canadensis (Elderberry), Symphoricarpos orbiculatus (Coralberry) Native Stabilization Seed Mix (20-25 lbs. per acre): Elymus virginicus (Virginia wild rye), Tripsacum dactyloides (Eastern gammagrass), Panicum virgatum (Switchgrass), Agrostis scabra (Rough bentgrass), Carex vulpinoidea (Fox sedge), Tridens flavus (Purple top), Schizachyrium scoparium (Little bluestem), Coreopsis lanceolata (Lance leaf tickseed), Sorghastrum nutans (Indian grass), Elymus hystrix (Bottlebrush grass) Festuca ovina var. duriuscala (Hard Fescue), Rudbeckia hirta (Blackeyed Susan) HAC HOPPER COMMUNITIES Reviewed By: 3/27/20 FIGURE 14 Drawn By: NRN Prepared for: OAK SPRINGS – ENHANCEMENT Union Co., NC SEWERLINE CROSSING OVERVIEW MAP For study purposes only - Subject to USACE/NCDEQ Verification REMEDIATION AREA -Re-grade area to Original Conditions -Seed with Native mix and straw from Top of Banks to Edge of Buffer STREAM BANK ENHANCEMENT -Re-Establish Original Contours -Seed W/Native Mix, Straw, Mat W/Coir Fiber & Plant PROPOSED TEMPORARY IMPACT BOUNDARY PERENNIAL STREAM HAC HOPPER COMMUNITIES DELINEATION MAP – WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION Drawn By: Reviewed By: NRN LSR DATE: 10/24/18 Updated 3/27/20 FIGURE 15 OAK SPRINGS Union Co., NC PERENNIAL STREAM E -425 lf PERENNIAL STREAM G - 550 lf NORTH FORK CROOKED CREEK - 630 lf WETLAND B -0.01 ac OPEN WATER POND A -0.25 ac INTERMITTENT STREAM D -200 lf PROPERTY BOUNDARY STUDY LIMITS WETLAND H - 0.05 ac WETLAND F /MF - 0.1 ac 7 14 11 15 16 2 8 13 12 4 5 9 3 6 1 NCDEQ STREAM FORM D NCDEQ STREAM FORM E 1 Upland Data Point 1 Wetland Data Form F NCDEQ STREAM FORM C INTERMITTENT STREAM C -200 lf **USACE Verification 2/26/19** WETLAND MW -0.002 ac PERENNIAL STREAM I -42 lf Threatened / Endangered / Protected Species Evaluation For: Oak Springs Road Union County, North Carolina By: Lisa R. Gaffney March 28, 2019 Oak Springs Road – Threatened / Endangered / Protected Species Evaluation 2 GENERAL LANDSCAPE DESCRIPTION: The Oak Springs Road project is +/- 61.8 acres located just southwest of Oak Springs Road, and just northwest of Strand Lane in Union County, North Carolina. It can be found on the Matthews, NC USGS Topographic Quadrangle Map; latitude is 35.0964 N, longitude is -80.6574 W. The site is a mosaic of disturbed forest cover, cropland, large cow pastures, farm roads, fencerows, farm buildings, and residential property with typical landscaping. The wooded areas are associated with upland slopes in the southern portion of the site, and the floodplain woodlands along North Fork Crooked Creek which runs through the northern portion of the site. The topography is moderately sloped with the elevation ranging from 660 to 670 ft. (Figure 1). Figure 1: Oak Springs Road – Threatened / Endangered / Protected Species Evaluation 3 METHODOLOGY: The US Fish and Wildlife Service website http://www.fws.gov/raleigh/species/cntylist/union.html was referenced to determine the occurrence of Threatened, Endangered and Protected species for Union County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the week of March 11, 2019 Table 1: Threatened / Endangered / Protected Species listed for Union County County: Union, NC *Source: US Fish & Wildlife Service **Data search on March 11, 2019 Group Name Status Clams Carolina heelsplitter (Lasmigona decorata) Endangered Flowering Plants Schweinitz's sunflower (Helianthus schweinitzii) Endangered Flowering Plants Michaux's sumac (Rhus michauxii) Endangered Birds Bald Eagle (Haliaeetus leucocephalus) Protected under the Bald and Golden Eagle Protection Act Oak Springs Road – Threatened / Endangered / Protected Species Evaluation 4 PROTECTED SPECIES DESCRIPTIONS: Two plant species with federal protection are listed as potentially occurring in Union County: • Schweinitz’s Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights-of-way (ROW). • Michaux’s Sumac (Rhus michauxii), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. Two animal species with federal protection are listed as potentially occurring in Union County: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. • Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is restricted to cool, clean, well-oxygenated water. Stable, silt- free stream beds are required for this species. Typically stable areas occur where the stream banks are well-vegetated with trees and shrubs. RESULTS: The site is a mosaic of disturbed forest cover, cropland, large cow pastures, farm roads, fencerows, farm buildings, and residential property with typical landscaping. The wooded areas are associated with upland slopes in the southern portion of the site, and the floodplain woodlands along North Fork Crooked Creek which runs through the northern portion of the site. The northern section of the property is dominated by the lowland woods, wetlands and floodplain of North Fork Crooked Creek. The Natural Community Type in this area is a Piedmont/Mountain Bottomland Forest. It is relatively disturbed from frequent flooding, and parts of the area have been occupied by cattle. There are numerous downed trees and rack lines. The canopy trees include Willow Oak (Quercus phellos), Mockernut Hickory (Carya tomentosa), Oak Springs Road – Threatened / Endangered / Protected Species Evaluation 5 Black Walnut (Juglans nigra), Sweet Gum (Liquidambar styraciflua), Yellow Poplar (Liriodendron tulipifera var. tulipifera), Short-leaf Pine (Pinus echinata), Cottonwood (Populus deltoides), Sycamore (Platanus occidentalis), and Green ash (Fraxinus pensylvanica). The shrub layer is dominated by Chinese Privet (Ligustrum sinense) and River Cane (Arundinaria gigantea). Vines present are Catbrier (Smilax spp.), Japanese Honeysuckle (Lonicera japonica), Crossvine (Bignoinia capreolata), Trumpet Creeper (Campsis radicans), and Poison Ivy (Toxicodendron radicans). Herbs are few, primarily Panic Grass (Panicum sp.), and Japanese Stiltgrass (Microstegium vimineum). Expansive pasture land comprises most of the central potion of the site with transitional fringe along the edges of the fields, fencerows and roadside along Oak Springs Road, dominated by Fescue turf grass (Festuca sp.), and common weedy and transitional species including Dog fennel (Eupatorium spp.), Goldenrod (Solidago spp.), Plume Grass (Erianthus contortus), Indian Grass (Sorghastrum nutans), Broomsedge (Andropogon virginicus), Johnson grass (Sorghum halepense), Sericea Lespedeza (Lespedeza cuneata), Sourgrass (Rumex acetosella), Ragwort (Packera sp.), and Ragweed (Ambrosia sp.). The southern portion of the site contains upland flats and gentle slopes with mature pines and hardwoods. The Natural Community Type in this area approximates a Dry-Mesic Oak-Hickory Forest, however there is little to no shrub or herb component due to disturbance. Tree species present include Short-leaf Pine (Pinus echinata), Loblolly Pine (Pinus taeda), White Oak (Quercus alba), Northern Red Oak (Quercus rubra), Southern Red Oak (Quercus falcata), Black Oak (Quercus velutina), Willow Oak (Quercus phellos), Mockernut Hickory (Carya tomentosa), Pignut Hickory (Carya glabra), Black Walnut (Juglans nigra), Sweet Gum (Liquidambar styraciflua), and Yellow Poplar (Liriodendron tulipifera var. tulipifera). Also in the southwestern corner of the site there is an old field in an early successional state with mixed shrubs, vines and herbs that typically occur in this habitat. Woody species present are small tree saplings of Pines, Sweet-gum and Tulip Poplar, and shrubs of Blackberry (Rubus sp.), Russian Olive, Chinese Privet, Smooth Sumac (Rhus glabra), and Groundsel Tree (Baccharis halimifolia). Herbs present are Johnson Grass, Plume Grass (Erianthus contortus), Sericea Lespedeza (Lespedeza cuneata), Pokeweed (Phytolacca americana), Rabbit Tobacco (Gnapthalium obtusifolium, and Thoroughwort (Eupatorium sp.). Oak Springs Road – Threatened / Endangered / Protected Species Evaluation 6 Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitiz’s Sunflower and Michaux’s Sumac along the fencerows, roadside and field edges were closely examined. No individuals of Schweinitz’s Sunflower or Michaux’s Sumac were observed. • There is no Bald Eagle habitat on site, and no eagles or eagle’s nests were observed. • There is no suitable habitat on site to support populations of the Carolina Heelsplitter. Based on existing documentation, Carolina Heelsplitter populations have not been previously identified within this basin. No individuals were observed during the survey nor would any be expected on-site. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, _________________ Lisa R. Gaffney Biologist March 27, 2019 Oak Springs Road – Threatened / Endangered / Protected Species Evaluation 7 Curriculum Vitae for: Lisa R. Gaffney Biologist / Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist, and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized, directed, and worked in field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed, and worked in field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 45,000 acres in North and South Carolina, 1996 - present. • Located and identified at least six previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified four previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). • Located a previously unknown population of Federally Endangered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina.