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HomeMy WebLinkAbout20080978 Ver 2_401 Application_20100310r1 MARZIANO & MCGOUGAN, P.A. consulting engineers Marziano &r McGougan, P.A. March 10, 2010 o? CV1 % v 1 Ian McMillan Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC, 27699-1650 MAR 1 1 2010 RE: PCN Application for NW-39 Permit DENR - WATER QUALITY 401 Water Quality Certification WETLANDS AND STQRMATER BRANCH New WTP Construction on the Yadkin River in Davidson County, NC Davidson Water, Inc. WTP M&M Project No. 29019 Mr. McMillan: Davidson Water, Inc. (DWI) has previously permitted wetland impacts to construct a new raw water intake on the Yadkin River (DWQ Project # 08-0978; USACE Action ID #200801923). In addition to these impacts, additional wetlands have been located on the water treatment plant site. These wetlands will be impacted during construction of a new raw water reservoir and 10 mgd expansion to the existing 20 mgd WTP. The following information is included in this package submittal: 1. Check for $540 2. PCN that includes all impacts previously permitted, plus new additional impacts associated with the additional construction 3. SEPA FONSI dated October 6, 2009 4. Fisher River mitigation bank letter of acceptance 5. Map of the wetlands on site as determined by John Thomas, USACE Raleigh Field Office, during a site visit in February 2010 6. Wetland data sheets completed by Adam Carter of Wetland Solutions, Inc. 7. Biological Assessment of the WTP site, completed by Adam Carter of Wetland Solutions, Inc. On behalf of Davidson Water, Inc., please find enclosed five (5) copies of these materials. We appreciate your review of the enclosed information and look forward to working with you on the project. Please contact me at this office if you have any questions or need any additional information. Brian 1300 Second Avenue Suite 211 cc: J n Thomas, USACE Conway, SC 29526 Phone: 843-488-0124 Fax: 843-488-0129 o?oF W,arE9oc ??a - o oil v a- Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PC Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ® Yes ? No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Water Treatment Plant Upgrade to 30 mgd 2b. County: Davidson 2c. Nearest municipality / town: Lexington 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information G u ' 3a. Name(s) on Recorded Deed: Davidson Water, Inc. 3b. Deed Book and Page No. 0727, pg. 794 3c. Responsible Party (for LLC if applicable): Gregg Stabler, General Manager DENR-WATER OMITY WETLANDS AND STORNIWATENR BRANCH 3d. Street address: PO Box 969 3e. City, state, zip: Welcome, NC-3757A 1131 q 3f. Telephone no.: 336 731-5525 3g. Fax no.: 336 731-3195 3h. Email address: gstabler@davidsonwater.com Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Adam Carter 5b. Business name (if applicable): Wetland Solutions, LLC 5c. Street address: PO Box 244 5d. City, state, zip: Bunnlevel, NC 28323 5e. Telephone no.: (910)890-2779 5f. Fax no.: 5g. Email address: wetlandsolutionsnc@yahoo.com Page 2 of 11 PCN Form -Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 5796-01-08-4134 1 b. Site coordinates (in decimal degrees): Latitude: 35.85271 Longitude: - 80.38319 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 24 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Yadkin River proposed project: 2b. Water Quality Classification of nearest receiving water: WS-IV, CA; WS-V 2c. River basin: Yadkin; HUC 03040101 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site consists of the existing DWI water treatment plant site and associated maintained grounds, mixed oak-pine forest, and cultivated areas. 3b. List the total estimated acreage of all existing wetlands on the property: 0.414 acre Section 401 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 190 ft. intermittent; 205 ft. perennial 3d. Explain the-purpose of the proposed project: The project will upgrade the existing water treatment facilities and increase treatment capacity from 20 MGD to 30 MGD. A new raw water reservoir and intake structure/purr pstation will also be built to supply the WTP and store water on-site. This expansion will allow DWI to provide water to customers within the local area during periods of peak demand. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will involve the construction of a new 10 MGD treatment facility, a new raw water reservoir, and a new raw water intake, all within the current property boundaries. Equipment used will include Back or trac hoes, mechanized clearing equipment, dump trucks, cement trucks, material handling equipment and smaller support equipment. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes ? No ? Unknown project (including all prior phases) in the past? Comments: JD pending. 4b. If the Corps made the jurisdictional determination, what type ? Preliminary [K Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Wetland Solutions, LLC Name (if known): S. Adam Carter Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Section 404 permit, USACE Action ID #200801923 issued June 19, 2008 Section 401 Water Quality Certification, DWQ#08-0978 issued December 7, 2009 Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ®P ? T Fill/Conversion to Reservoir Isolated ® Yes ? No El Corps ®DWQ 0.414 W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 0.414 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ? T Fill UT Yadkin River ® PER ? INT ® Corps ? DWQ 5 205 S2 ®P ? T Fill UT Yadkin River ? PER ® INT ® Corps ? DWQ 5 190 S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P M T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 395 3i. Comments: Page 5 of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ®P ? T Yadkin River Fill River 0.067 02 ? PET Yadkin River Temporary dewatering River 0.23 03 ?P?T 04 ?P?T 4f. Total open water impacts 0.297'' 4g. Comments: "Previously permitted; see Section B5b. 6. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 raw water reservoir 0 0.414 0 0 0 0 19.136 P2 5f. Total 0 0.414 0 0 0 0 19.136 5g. Comments: total dam height is less than 15 feet 5h. Is a dam high hazard permit required? ? Yes ®No If yes, permit ID no: 5i. Expected pond surface area (acres): 19.550 5j. Size of pond watershed (acres): 19.550 5k. Method of construction: earthen compacted dam; clay impervious liner for raw water retention 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T im act required? B1 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 0 6i. Comments: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project is contingent upon utilizing the area adjacent to the existing facility. The impacts are unavoidable due to design constraints. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All standard BMPs will be utilized as in accordance with NC Division of Land Resources requirements. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ? No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ® Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Fisher River Mitigation 3b. Credits Purchased (attach receipt and letter) Type SMU Quantity 205 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non-riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form -Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8of11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. - El Yes [ I No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 6.3% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: under 24% impervious threshold for Davidson County stormwater; NPDES Phase 2 rules do not apply to Davidson County 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? 0RW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No [Lb. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ® Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ® Yes ? No Comments: SEPA FONSI was issued on October 6, 2009 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. plant process (filter backwash) water is dicharged to the Yadkin River in accodance to NPDES Permit NC0084425. domestic wastewater from plant operations building is disposed utilizing existing septic tank and drain field Page 10 of 11 PCN Form -Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes ? No impacts? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS website, North Carolina Natural Heritage Program, Biological Assessment performed by Wetland Solutions, Inc. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? USFWS website, North Carolina Natural Heritage Program, Biological Assessment performed by Wetland Solutions, Inc. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? An Inventory of the Significant Natural Areas of Davidson County, NC, North Carolina Natural Heritage Program (October 2004) 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No 8b. If yes, explain how project meets FEMA requirements: HEC-RAS model output 8c. What source(s) did you use to make the floodplain determination? NC FIRM 3710578600K (Rev. 3-16-2009) Gregg Stabler ZZ&U4, ?- O c - i 0 Applicant/Agent's Printed Name Ap Icant/Agerics Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version ff' NCDENR North Carolina Department of Environment and Natural Resources Division of Environmental Health Beverly Eaves Perdue Terr/ L. Pierce Dee Freeman Governor Director Secretary FINDING OF NO SIGNIFICANT IMPACT (FONSI) ?`'?? OC;r 20,39 Davidson Water, inc Water Plant Improvements Project Davidson and Randolph County, North Carolina The State Environmental Policy Act (G.S. 113A) requires that the Division of Environmental Health determine whether a proposed major agency action will significantly affect the environment. The Davidson Rater, Inc Water Improvements Project is such a major action. In order to determine whether the construction of a new 30 million gallons per day (MGD) water treatment facility with conventional filtration, new raw water intake on the Yadkin River, converting the existing sedimentation basins to slud,e storage and dewaterina basins, and decommissioning of the existing 20 MGD facility will cause significant environmental impacts, an environmental assessment has been prepared. The environmental assessment is attached. It contains detailed information on the key issues, including a brief description of the proposed project and a summary of probable environmental impacts with proposed mitigations. None of the impacts were found to be significant. This project shall be reviewed as a NEPA-Like!SEPA project. On the basis of the analysis of the impacts as shown in the environmental assessment, no environmental impact statement (EIS) will be prepared. This FONSI completes the environmental review record. The FONSI and Environmental Assessment shall be available for inspection and comment for 30 days at the State Clearinghouse. Summary of FONSI for publication in the Environmental Bulletin: After completion of an environmental assessment under G.S. 1 13A, a FONSI has been made in the case of the Davidson Water, Inc Water Improvements Project. Information supporting the need for the proposed project was reviewed, along with relative impacts, other alternative approaches and mitigating measures. try . ie a (Date) Director, Environmental Health PaDnc V;ster Supply Section - Jessica G. hMes Chief liN Mail Service Center, Raie4h, NoAh Carolira 27549.1x34 P.Wna 919-733-2321 1 FAX: 919-715-4374 \ Lab Form FAX: 9',9.71_-5c37 i Intemet. ncdrnk ngv?aler ?tate.nc.us Ac o u,i: p;n.rery A4f"Z9'e Acton ETP::Q'3: One NolthCarol i na Alatwhilly a, 7?- N WE J North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: Project: W p Latitude:" _Atli I - Evaluator: Site: Ke, r^ fly #' ( Longitude: Total Points: Stream is at least intermittent County' Other h ?, ?} !6 if? 19 or erennial if? 30 Da C hJ e.g. Quad Name:) c{ r I` y 1' .10 A. Geomorphology (Subtotal = Absent Weak Moderate Strong la. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 2 3 3. In-channel structure: riffle-pool sequence 0 2 3 4. Soil texture or stream substrate sorting 0 1 2 3 5. Active/relic floodplain 0 1 2 3 6. Depositional bars or benches 0 1 3 7. Braided channel 0 1 2 3 8. Recent alluvial deposits 0 1 2 3 9 a Natural levees 0 1 (2) 3 10. Headcuts 0 1 2 3 11. Grade controls 0 0.5 1 1.5 12. Natural valley or drainageway 0 0.5 1 65 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No = 0 Yes = 3 - Man-made ditches are not rated; see discussions in manual B_ Hvriminav (Suhtntal = 1 t l 1 14. Groundwater flow/discharge 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel - d or rowin season 0 1 2 3 16. Leaflitter 1.5 1 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.5 C. Bioloav (Subtotal = ) 20b. Fibrous roots in channel 3 1 0 21b_ Rooted plants in channel 3 2 1 0 22. Crayfish 0.5 1 1.5 23. Bivalves 011 1 2 3 24. Fish 0.5 1 1.5 25. Amphibians 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) ; 6 0.5 1 1.5 27. Filamentous algae; periphyton 0 1 21 3 28. Iron oxidizing bacteria/fungus. 0 0.5 1.5 29 b Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; er = 0 items zu ana zt Tocus on rite presence of upiana plants, item zu tocuses on the presence of aquatic or wetland plants. Sketch: Notes: (use back side of this form for additional notes.) North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: Project: pave0(5et?j k)7-'P Latitude: Evaluator: Site: J-11,' Longitude rc C!; ?y Total Points: Other "(C! Stream is at least intermittent County: 00 V 1615 G ti1 if? 19 or perennial if>_ 30 e.g. Quad Name: A. Geomorphology (Subtotal= 1U, ] Absent Weak Moderate Strong 1a. Continuous bed and bank 0 1 2 2. Sinuosity 0 2 3 3. In-channel structure: riffle-pool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 2 3 5. Active/relic floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Braided channel 9 1 2 3 8. Recent alluvial deposits 0 1 2 3 9 a Natural levees 0 1 2 3 10. Headcuts 0 2 3 11. Grade controls 0 0.5 1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No = 0 Yes = 3 - Man-made ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal = 14. Groundwater flow/discharge 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel - d or growing season 0 2 3 16. Leaflitter 1.5 1 0.5 0 17. Sediment on plants or debris 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1.5 19. Hydric soils (redoximorphic features) present? No = Yes = 1.5 C. Bioloav (Subtotal = r), ) 20b. Fibrous roots in channel 3 2 1 0 ` 21 . Rooted plants in channel 3 2 1 0 22. Crayfish 0 0. 1 1.5 23. Bivalves 0 1 2 3 24. Fish 0:5 1 1.5 25. Amphibians 0.5 ` 1 1.5 26. Macrobenthos (note diversity and abundance) 0.5 1 1.5 27. Filamentous algae; periphyton 1 2 3 28. Iron oxidizing bacteria/fungus. 0 0.5 1 1.5 29 b. Wetland plants in streambed FAC = 0.5; FACW = 0.75; BL = 1.5 SAV = 2.0; Other = 0 items zu ana z-i focus on the presence or upiana plants, item zit focuses on the presence of aqunuor wetland plants. Sketch: Notes: (use back side of this form for additional notes.) 54o cM w a?e-r '(?t ec? AMERICAN Naniral Resource Exchange Corporation February 23, 2010 Mr. Chris Leach Wetland Solutions, LLC P.O. Box 244 Bunnlevel, NC 28323 Dear Mr. Leach: American Wetlands has 205 SMU's of mitigation credits available in our Fisher River Mitigation Bank, located in HUC 03040101 in Surry County, NC. It is my understanding that you propose to use these SMU's to mitigate for proposed impacts of your client, Davidson Water, Inc. When the Regulatory Agencies approve of the use of these credits for your mitigation, please let me know and I'll invoice you for their costs. The form you sent me appears to need the signature of the Applicant or Agent. If this is the case, you may wish to attach a copy of this letter to the form. Please let me know if this letter meets your needs, and if not, please give me a call and I'll provide whatever additional needs you have. I appreciate working with you on this project and please let me know if you need anything else. Sincerely, vci ? - I LAMAR BEASLE President 2 3 i o Ballycairne Court Reston,Virginia a 0 19 1 telephone 703.860.0046 fax 703.86o.ooQz Wetland Credit Request Form Submitted to: Mr. Lamar Beasley American Wetlands 2310 B,allycairne Court Reston, VA 20191 (703) 860-0045 2/23/2010 Contact Information A !cant Applicant's Agent L Name Davidson Water, Inc. Wetland Solutions, LLC 2. Address or PO Box PO Box 969 PO Box 244 3. City, State, Zip Code Welcome, NC 37374 Bunnlevel, NC 28323 4. Contact Person Mr. Adam Carter 5. Telephone Number (910) 890-2779 6. Fax Number 7. Email Address wedandsolufionsnc ahoo.com Project In formation 8. Project Name Davidson Water, Inc. Upgrade to 30 d 9. Project Location (nearest town) Lexington, NC 10. Lat & Lon Coordinates 35.85124°N 80.38456°W 11. Project County Davidson 12. River Basin & Cataloging Unit ("t "t) Yadkin; 03040101 13. Project Type Commercial 14. Riparian Wetland Impact (acre) 0 15. Non- an Wetland Impact (acre) 0 16. Coastal Marsh Impact (acre) 0 Warm Cool Cold 17. Stream Impact (feet) 0 205 0 18. Buffer Impact ( . feet Zone 1: Zone 2: USACE DWQ: 19. Regulatory Agency Staff Contacts Mr. John Thomas 20. Other Regulatory ID Information Signature of Applicant OEG nt Date: APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: The project is located at the site of the existing Davidson Water, Inc. waste water treatment plant, on the southern side of US Highway 64, between Koontz Road (SR 1186) and the Yadkin River. The project includes the expansion of the facility from 20 mgd to 30 mgd. Review area includes the Section 404 wetlands labeled A-C line, B- Line, and the P-K Line on the attaced maps. State: NC County/parish/borough: Davidson County City: Tyro Township Center coordinates of site (]at/long in degree decimal format): Lat. 35.85124° N, Long. 80.38456° Pick List. Universal Transverse Mercator: Name of nearest waterbody: UT to Yadkin River 12-(98.5) Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Yadkin River Name of watershed or Hydrologic Unit Code (HUC): Yadkin; 03040101 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ? Office (Desk) Determination. Date: ? Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required) ? Waters subject to the ebb and flow of the tide. ? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. (Required] 1. Waters of the U.S. Indicate presence of waters of U.S. in review area (check all that apply): ` TNWs, including territorial seas ? Wetlands adjacent to TNWs ® Relatively permanent watersz (RPWs) that flow directly or indirectly into TNWs ? Non-RPWs that flow directly or indirectly into TNWs ? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ? Impoundments of jurisdictional waters ? Isolated (interstate or intrastate) waters, including isolated wetlands Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 295 linear feet: width (ft) and/or 0.197 acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): Non-regulated waters/wetlands (check if applicable):3 ? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). s Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.I.; otherwise, see Section III.B below. L TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbodya is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IH.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ? Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW': Tributary stream order, if known: ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 3 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ? Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ? Silts ? Sands ? Concrete ? Cobbles ? Gravel ? Muck ? Bedrock ? Vegetation. Type/% cover: ? Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review arealyear: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: Tributary has (check all that apply): ? Bed and banks ? OHWM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? ? changes in the character of soil ? ? shelving ? ? vegetation matted down, bent, or absent ? ? leaf litter disturbed or washed away ? ? sediment deposition ? ? water staining ? ? other (list): F1 Discontinuous OHWM.7 Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ? High Tide Line indicated by: ? Mean High Water Mark indicated by: ? oil or scum line along shore objects ? survey to available datum; ? fine shell or debris deposits (foreshore) ? physical markings; ? physical markings/characteristics ? vegetation lines/changes in vegetation types. ? tidal gauges ? other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): ? Vegetation type/percent cover. Explain: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ? TNWs: linear feet width (ft), Or, acres. ? Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Stream Identification score of 40 indicates perennial stream.. ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Stream Identification score of 17 indicates ephemeral/intermittent stream. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 295 linear feet 20 width ($). ? Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. ? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ? Demonstrate that impoundment was created from "waters of the U.S.," or ? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ? Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" ? which are or could be used by interstate or foreign travelers for recreational or other purposes. ? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ? which are or could be used for industrial purposes by industries in interstate commerce. ? Interstate isolated waters. Explain: ? Other factors. Explain. Identify water body and summarize rationale supporting determination: SSee Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: ? Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solel on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ? U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000; Churehland, NC quad. ® USDA Natural Resources Conservation Service Soil Survey. Citation:Soil Survey Geographic (SSURGO) for Davidson County. ® National wetlands inventory map(s). Cite name:U.S. Fish & Wildlife Service, National Wetlands Inventory, 19990518, onemap_prod.SDEADMIN.nwi_poly: U.S. Fish & Wildlife Service, National Wetlands Inventory, St.Petersburg, Florida.. ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date):NC One Map; 2004. or ? Other (Name & Date): ? Previous determination(s). File no. and date of response letter: ? Applicable/supporting case law: ? Applicable/supporting scientific literature: ? Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region Project/Site: 0""" ')/N w?sl ?jAj-^ -4rf1,44'?J City/County: DAvJS©F' COW14 4 Sampling Date: Applicant/Owner: 4'1$ v s J ? gra +V State: Al, C, Sampling Point: Investigator(s): MY m car 4N" Section, Township, Range: L ?? l n G 4 1k !? I Q? Landform (hillslope, terrace, etc.): li A Of Local relief ((concave, convex, n cone): KA-dLn NTSlope (%): 2 0 Subregion (LRR or MLRA): Lat:? Long: h Q?? Ll 5- tj Datum: AlAh Soil Map Unit Name: r. A- • d 4k 1 ( IS, !'. -RA n. CkrJ f . <5 n rk m- -NWrclassification: P 1 I/ lrc°?l Are climatic / hydrologic conditions on the site typical for this time of year? Yes _1Z No (if no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes V No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes V No Is the Sampled Area H dric Soil Present? Yes ?/ Flo y ? within a Wetland? Yes No _ Weiland Hydrology Present? Yes No HYDROLOGY Wetland Hydrology;lndicators: Secondary Indicators (minimum of two required) Prima Indicators minimum of one is required: check all that a I _ Surface Soil Cracks (66) _ Surface Water (Al) _ Water-Stained Leaves (139) _ Sparsely Vegetated Concave Surface (68) High Water Table (A2) - Aquatic Fauna (B13) _ Drainage Patterns (610) ?Saturation (A3) - Marl Deposits (615) (LRR U) _ Moss Trim Lines (616) _ _ Water Marks (B1) - Hydrogen Sulfide Odor (C1) _ Dry-Season Water Table (C2) Sediment Deposits (62) _ Oxidized Rhizospheres on Living Roots (C3) ?rayfish. Burrows (C8) _ Drift Deposits (133) _ Presence of Reduced Iron (C4) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (64) _ Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2) _ Iron Deposits (B5) _ Thin Muck Surface (C7) _ Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (B7) _ Other (Explain in Remarks) 1- AC-Neutral Test (D5) Field Observations: d Surface Water Present? Yes t,No Depth (inches): Water Table Present? Yes No Depth (inches): MIA Saturation Present? Yes v'"a No Depth (inches): Wetland Hydrology Present? Yes y No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version VEGETATION - Use scientific names of plants. Sampling Point: 0 5- 3®x 3 a{ Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: % Cover Species? Status 1. 1 } [? l A /? t, t ?1 G C + C? ?1? ;" `° 0 y - ? Number of Dominant Species That Are OBL, FACW, or FAC: (A) 2. ? w S f G _S4, r ? ('is cf, rat f f J o 10 N rt.*wF A kJ Total Number of Dominant ?L rA kl t /1u J Do r X15 q isw n P a 3. F (B) Species Across All Strata: r R 4. !a A t ?fcl i S 5. MARj C??'C&tiu. pec Percent of Dominant es [ or FAC: ? 6 (AB) That Are OBL FACW ur , , ? h I k t l d P 7. Dr t G ,,rA,,1 I q P ?r?? .e we !u ?.r. u n ex wor s ee : reva ence 3o + 3 0 Cf X 6'1 '1o = Total Cover Total % Cover of Multiply by: = OBL species x 1 Sa li Stratum (Plot size: ) t ?Z AEI ? 5? 1 td- FACW sPecies x2= C, Opnr. ( 0_Q_ 2. rrG•X A /0 4. FAC species x3= I 3. 2 ?t n t "4tr Y FAC' U FACU species x4= 4. ???r ?s id,f 0 Ott. UPL species X5= 5. AGtr reh/r(A ?? r 7 c, ?vt?- Column Totals: (A) (B) 6. Prevalence Index = B/A = 7 . 3 a/o =Total Cover H yd/rophytic Vegetation Indicators: Shrub Stratum (Plot size: ? y Dominance Test is >50% Prevalence Index is <_3.0' 2 _ Problematic Hydrophytic Vegetation' (Explain) 3. 4 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. . 5. 6. Definitions of Vegetation Strata: 7. c oZS I/o = T l C t Tree -Woody plants, excluding woody vines, d 3 i h ?/ 3?? ov o a er t an n. approximately 20 ft (6 m) or more in heig k) Herb Stratum (Plot size: O (7.6 cm) or larger in diameter at breast height (DBH). 1. ?f1 P,1`Mr?RtftruM A0 __ __tt 2 t?Dlt t G? rt7 . f? S ` s? i Lwd Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less 1 3. /Sire (_k311 M Soo, ° I y -A - than 3 in. (7.6 cm) DBH. fo 4 wood vines Shrub - Wood lants excludin y , y p , g 5, approximately 3 to 20 ft (1 to 6 m) in height. 6. i l di H b All h b d l t nc u ng er - er aceous (non-woo y) p an s, 7. herbaceous vines, regardless of size. Includes woody $ plants, except woody vines, less than approximately 3 ft (1 m) in height. . 9. 10. Woody vine -All woody vines, regardless of height. 11. 12. Woody Vine Stratum (Plot size: 36)X 3o E( ) =Total Cover 1. E0 ir) I CPc:?,_ 6,00 2. cases SPt?• z °/? I? 3. 4. 5 Hydrophytic Ve etation l qo4 = Total Cover g Present? Yes No Remarks: (If observed, list morphological adaptations below). US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version SOIL Sampling Point: L G- W Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvae Loc Texture Remarks `7.5 y2 5-11 r s C-L 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) - Thin Dark Surface (S9) (LRR S, T, U) - 2 cm Muck (A10) (LRR S) - Black Histic (A3) _ Loamy Mucky Mineral (171) (LRR O) Reduced Vertic (1718) (outside MLRA 150A,B) - Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) i -°7:?edmont Floodplain Soils (F19) (LRR P, S, T) _ Stratified Layers (A5) _ Depleted Matrix (F3) 'Anomalous Bright Loamy Soils (F20) _ Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 153B) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) i Red Parent Material (TF2) _ Muck Presence (A8) (LRR U) _ Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) (LRR T, U) _ 1 cm Muck (A9) (LRR P, T) _ Mari (F10) (LRR U) _ Other (Explain in Remarks) _ Depleted Below Dark Surface (A11) _ Depleted Ochric (F11) (MLRA 151) _ Thick Dark Surface (A12) _ Iron-Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and _ Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, _ Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. _ Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 1506) _ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 149A) _ Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: ? Depth (inches): Hydric Soil Present? Yes No Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version WETLAND DETERMINATION DATA !FORM -Atlantic and Gulf Coastal Plain Region l Cit County: qu I J+ Q^ Clan Sampling Date: I I - I D Applicant/Owner. A a i o'l OVA- State: N , II Sampling Point: U J v1 Jo Investigator(s): J'C?" A M'! C ,kr J--c- Section, Township, Range: L -?l //? 7 ?1 ?? Landform (hilislope, terrace, etc.): Local relief (concave, convex, none): C O V c aC/ S;i/ Ve (%): 3 Vo Subregion (LRR or MLRA): L h 1° Lat: 3 S. 11 r t l am' Long: ?U. 3 ??S Cs J ttt?nr ?l Y3 p `??`G (t -b41iVF-classification: Soil Map Unit Name: 44L-AV 4) Are climatic / hydrologic conditions on the site typical for this time of year? Yes L/No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes _ Z No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ___ No Is the Sampled Area Hydric Soil Present? Yes No ? / within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apaly) _ Surface Soil Cracks (66) Surface Water (A1) - Water-Stained Leaves (139) _ Sparsely Vegetated Concave Surface (138) - High Water Table (A2) - Aquatic Fauna (1313) _ Drainage Patterns (1310) Saturation (A3) - Marl Deposits (615) (LRR U) _ Moss Trim Lines (1316) Water Marks (131) - Hydrogen Sulfide Odor (Cl) _ Dry-Season Water Table (C2) Sediment Deposits (132) _ Oxidized Rhizospheres on Living Roots (C3) _ Crayfish Burrows (C8) Drift Deposits (63) - Presence of Reduced Iron (C4) - Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (64) - Recent Iron Reduction in Tilled Soils (C6) - Geomorphic Position (D2) _ Iron Deposits (65) _ Thin Muck Surface (C7) _ Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (137) Other (Explain in Remarks) L,4AC-Neutral Test (135) Field Observations: / Surface Water Present? Yes No V epth (inches): OVA' Water Table Present? Yes No Depth (inches): AJA- Saturation Present? Yes No Depth (inches): t(JJ4 Wetland Hydrology Present? Yes No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version VEGETATION - Use scientific names of plants. Sampling Point: I 2LO Tree Stratum (Plot size: 13 0X13® t-! -) 1. Absolute Dominant Indicator % Cover Species? Status Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) 2. 3. Total Number of Dominant Species Across All Strata: (B) 4. o 5. Percent of Dominant Species or FAC: (A/B) That Are OBL FACW 6. , , 7. Prevalence Index worksheet: r Sapling Stratum (Plot size: 13 y ?) 1. = Total Cover Total % Cover of. Multiply by: OBL species x 1 = FACW species x2= 2. FAC species x3= 3. FACU species x4= 4. UPL species X5= 5. Column Totals: (A) (B) 6. 7 Prevalence Index = B/A = . Shrub Stratum (Plot size: ):301K 13 ? ) 1. = Total Cover Hophytic Vegetation Indicators: Dominance Test is >50% _ Prevalence Index is <_3.0' 2. Problematic Hydrophytic Vegetation' (Explain) 4. 'indicators of hydric soil and wetland hydrology must 5 . be present, unless disturbed or problematic. 6. Definitions of Vegetation Strata: 7. J' Herb Stratum (Plot size: ) S 1 So V 0, *611)1, = Total Cover lO.Sof o Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). 2 rd r, , t + • t (t SG, fl [ i Sapling -Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less ? 3. than 3 in. (7.6 cm) DBH. 4. Sh b l W d t l di d i 5. ru y p y v nes, - oo an s, exc u ng woo approximately 3 to 20 ft (1 to 6 m) in height. 6. 7. Herb -All herbaceous (non-woody) plants, including herbaceous vines, regardless of size. Includes woody $ plants, except woody vines, less than approximately . 9. 3 ft (1 m) in height. 10. Woody vine - All woody vines, regardless of height. 11. 12. Woody Vine Stratum (Plot size: 3d fC b o J ?6 0 0/4 =Total Cover 1. 2. 3. 4. 5 Hydrophytic V t ti = Total Cover ege a on Present? Yes No Remarks: (If (observed, list morphological adaptations below). Aar 4 ? ?1?W?!_ 6 C US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version SOIL Sampling Point:_ S,,0 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 7,51 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muds (All 0) (LRR S) _ Blade Histic (A3) - Loamy Mucky Mineral (F1) (LRR O) - Reduced Vertic (1718) (outside MLRA 150A,B) Hydrogen Sulfide (A4) - Loamy Gleyed Matrix (172) - Piedmont Floodplain Soils (F19) (LRR P, S, T) _ Stratified Layers (A5) - Depleted Matrix (F3) - Anomalous Bright Loamy Soils (F20) _ Organic Bodies (A6) (LRR P, T, U) - Redox Dark Surface (176) (MLRA 1536) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) - Red Parent Material (TF2) Muds Presence (A8) (LRR U) _ Redox Depressions (F8): - Very Shallow Dark Surface (TF12) (LRR T, U) _ 1 cm Muck (A9) (LRR P, T) _ Mari (F10) (LRR U) _ Other (Explain in Remarks) _ Depleted Below Dark Surface (A11) _ Depleted Ochric (F11) (MLRA 151) _ Thick Dark Surface (A12) _ Iron-Manganese Masses (1712) (LRR O, P, T) 3Indicators of hydrophytic vegetation and _ Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, _ Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. _ Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 150B) _ Sandy Redox (S5) - Piedmont Floodplain Soils (F19) (MLRA 149A) _ Stripped Matrix (S6) - Anomalous Bright Loamy Soils (F20) (MLRA 149X 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No -Z Remarks:, ?If'E 1+ `a':t t Jt? °:? 3f d e.? US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version BIOLOGICAL ASSESSMENT FOR THE PROPOSED UPGRADE TO THE DAVIDSON WATER, INCORPORATED WATER TREATMENT FACILITY DAVIDSON COUNTY, NC Prepared by: Mr. Chris Leach and Adam Carter Wetland Solutions, LLC PO Box 244 Bunnlevel, NC 23823 For: Marziano & McGougan. P.A. Consulting Engineers Asheboro, NC Introduction Davidson Water, Incorporated has proposed upgrades and an expansion to its water treatment facility located in Davidson County, NC. This assessment was prepared to address potential project-related impacts to species listed as Endangered by the state of North Carolina and the United States Fish and Wildlife Service (USFWS), pursuant to Sections 7 and 9 of the Endangered Species Act. As of October 2009, the only federally-listed endangered species recorded in Davidson County is Schweinitz's sunflower (Heliantbus scbehmit#i). Additionally, two state-listed endangered species have also been recorded, the heart-leaf plantain (Plantago cordata) and the robust redhorse Xoxostoma robustum). Both plant species are listed as "historic" in the North Carolina Natural Heritage Program (NCNHP) GIS database but listed as "Current" in the North Carolina Natural Heritage Program online records. A complete listing of state and federally-listed species is shown in Table 1. Project Overview Davidson Water, Inc. (DWI), a water utility in central North Carolina, is a private non-profit incorporation that is supplied with treated water from the C.O. Pickle Water Plant. The C.O. Pickle Water Plant (hereafter called the DWI WTP) was originally constructed in 1969 at the US-64 crossing over the Yadkin River. The DWI WTP is located approximately eight (8) miles west of Lexington on US-64, approximately 1,000' south of the bridge crossing the Yadkin River. The water treatment facilities, raw water intakes, and raw water reservoirs are located on the eastern bank of the river; access to the DWI WTP site is located off Koontz Road (SR 1186). Project Area The project is located in the Southern Outer Piedmont physiographic region in Davidson County (Griffith, et al, 2002). The project is located within the Yadkin river basin with the Yadkin River forming the western boundary of the project area. Major hydrologic features in the area include the Yadkin River, Dyker's Creek, and Gobble Creek. The two creeks, fourth order and third order respectively, drain an area of approximately 8,700 acres into the Yadkin River. Upland soils within the project area include Cecil and Pacolet sandy loams, Wickham fine sandy loam, and Congaree loam. Hydric soils include Altavista fine sandy loam and Chewacla loam. The only natural community identified within the project area was a 16-acre section of Piedmont/Low Mountain Alluvial Forest as described by Schafale and Weakley (1990). This community is characterized by a relatively thick overstory of loblolly pine (Pinus taeda), white oak (Quercus alba), red maple (Acer rubrum), American elm (Ulmus americana) and American beech (Fagus grandifolia). The thin understory is dominated by turkey oak (Q. laevis) as well as younger specimens of the overstory species. The sparse herbaceous layer is dominated by greenbriers (Smilax spp.) with Christmas fern (Polysticbum acrosticboides) sparsely distributed in some areas. Wetlands located within the project area include a Low Elevation Seep, a jurisdictional ditch and an isolated wetland area shown in Figure 2 as Section 401 wetlands. The overstory in the vicinity of the seep is comprised of Black gum (Nyssa aylvatica) and red maple. The understory is composed of red maple, American elm and Atlantic white cedar (Chamaecyparis thyoides). This wetland also supports a shrub layer which is dominated by Chinese privet (Ligustrum sinense). The herbaceous layer is dominated by greenbriers (Smilax spp.) but also includes Royal fern (Osmunda regalis) and Christmas fern. The isolated wetland area features an overstory dominated by American sycamore (Platanus occidentalis), black gum, and green ash (Fraxinus pennsylvanica). These dominant species are interspersed with river birch (Betula nigra), red maple, and American elm. The relatively thick understory is comprised of black willow (Salix nigra) and Chinese privet, interspersed with red maple and Atlantic white cedar. The herbaceous layer includes Indian woodoats (Chasmanthium latifolium), cardinal flower (L.obelia cardinalis), and grapefern (Botrychium sp.). Project Description The proposed upgrades and expansion as described in Section 5.3 of the Preliminary Environmental Review (PER) as Alternative #3 include: "Upgrade Existing 20 mgd WIT; New 10 mgd WTP Capacity." The components of this project are to upgrade the existing 20 mgd WTP while constructing a new 10 mgd water treatment facility adjoining the current site. Alternative #3 is the most economical project to serve the needs of the region and will allow DWI to properly manage the available water resources, build additional capacity to satisfy growing system demand, and address the critical health needs outlined in Section 4 of the PER The following items are proposed in Alternative #3: The project includes the modification of the existing 20 mgd sedimentation structures to accept lamella plate settlers. The installation of lamella plates will improve the settling capacities and provide a higher quality effluent from the sedimentation basin. New sludge removal equipment will be installed in the sedimentation basins and modifications to the existing filter system include new valves and piping arrangements. The two facilities will use a common flash mix where all the chemicals will be added. The treatment technology will not vary enough that the primary chemical addition of coagulant will differ from one treatment plant to the other. The hydraulic gradelines for the treatment plants will be similar in elevation. The new 10 mgd facility will include a Lamella plate sedimentation basin or a Super Pulsator clarifier, conventional dual media, gravity filters, and a granular activated carbon (GAC) contactor for the removal of organics prior to disinfection. The existing 20 mgd treatment facility, as well as the proposed 10 mgd expansion, will share a granular activated carbon (GAC) contactor that will be utilized as the flow exits the treatment facility. Approximately 4 acres of mid-successional Piedmont/Low Mountain Alluvial Forest will be cleared and 0.026 acres of Section 404 jurisdictional wetlands will permanently impacted to accommodate the construction of the new facility 2 rn. or° ertY,l$ounda ga7ez NF p .J t!rt?; ? GeageI as.l,ngfrnNF o i Yadkin River rl Lynchburg Miles oke 0 1.25 2.5 5 Lexi ZZ gton 220 NF, P:sgai NF LRar?anre NF r Srrr,ter NF N .? MNLegend 25 12.5 0 25 50 75 100 Mils ( Property Boundary Cha op Figure 1: Location of the Davidson Water, Inc. upgrade project within Davidson County, NC 3 The proposed raw water intake will be all new construction. The existing intakes will remain as a back-up system until the DWI operations and management staff is comfortable with the operation of the proposed raw water intake after construction. At a later date, these intakes may be removed at the discretion of DWI as long as they remain structurally intact and operationally effective as a backup system. All applicable permits for this future work will be coordinated with the appropriate review agencies. The lower raw water reservoir will be expanded to a capacity of approximately 90 million gallons. This will allow DWI to expand its raw water capacity to approximately 150 million gallons and maintain the minimum 5-day storage for surface water treatment plants. The expanded reservoir will be located at the downstream end of the project site. It is estimated that approximately 10 acres of cleared pasture lands will be converted to accommodate the expanded raw water reservoir. Figure 2: Aerial photograph of the project area with survey areas shown. 4 Listed Species Species addressed in this document were chosen due to known occurrences in Davidson County. This was determined by reviewing USFWS Threatened and Endangered Species Database System (I'ESS) records and the North Carolina Natural Heritage Program (NCNHP) data and publications. There is one federally-listed endangered vascular plant and an additional state-listed endangered vascular plant species with ranges located within Davidson County. Of the listed species, the Robust redhorse's (Moxostoma robustum) status is listed as "historical" by the NC Natural Heritage Program and not considered in this assessment. The bald eagle (Haliaeetus leucocephalis) has recently been de-listed by the USFWS. While it is no longer considered endangered it is still protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. Bald eagles are known to nest near rivers, but there were no individual eagles or nests observed during surveys conducted as part of this assessment. Based on the information provided in the National Bald Eagle Management Guidelines (USFWS, 2007), no bald eagles will be disturbed or adversely affected within the action area of this project. However, if changes are made that include activities outside the current proposed project area, surveys should be conducted within the new area to ensure no impacts to the bald eagle or other listed species would result. Table 1: Protected animal and plant species listed for Davidson County, NC (NCNHP, 2007) Major Group Scientific Name Common Name State Federal County - Status status Status Animal Assemblage Colonial Wading Bird None Colony Invertebrate Animal Cambarus catagius Greensboro Burrowing Crayfish Invertebrate Animal I ampsilir radiata Eastern Lampmussel Invertebrate Animal Stmphitus undulatus Creeper Nonvascular Plant Orthotrichum strangulatum Drummond Moss Nonvaseular Plant Scopelophila cataractae Agoyan Cataract Moss Nonvascular Plant Weiuia sharpii A Moss Vascular Plant Acmispon helleri Carolina Birdfoot-trefoil Vascular Plant Amorpha schwennd Piedmont Indigo-bush Vascular Plant Baptisia alba Thick-pod White Wild Indigo Vascular Plant Cardamim dissecta Dissected Toothwort Vascular Plant Dodecatheon meadia var. meadia Eastern Shooting-Star Vascular Plant Gilknia stipulata Indian Physic Vascular Plant V l Pl HeRanthus laemptus H hi h h i i ii Smooth Sunflower S h i i ' ascu ant ar Vascular Plant V l Pl e ant us sc av n lt Hexalearisspicata M c we n tz s Sunflower Crested Coralroot ascu ar ant Vascular Plant ateka dttipiens Plantago cordata Glade Milkvine Heart-leaf Plantain Vascular Plant Pseudognapha&m helleri Heller's Rabbit-Tobacco Vascular Plant Ruelliapurshiana Pursh's Wild-petunia Vascular Plant Symphyotrichum i G A eorg a ster geoTanum None None Davidson - Current SC None Davidson - Current T None Davidson - Current T None Davidson - Obscure SR-P None Davidson - Historical SR-D None Davidson - Current SR-O None Davidson - Current SR-T FSC Davidson - Current SR-T None Davidson - Current SR-P None Davidson - Current SR-P None Davidson - Current SR-P None Davidson - Historical SR-P None Davidson - Current SR-P None Davidson - Current E E Davidson - Current SR-P None Davidson - Historical SR-P None Davidson - Historical E None Davidson - Current SR-P None Davidson - Current SR-O None Davidson - Current T C Davidson - Current Vertebrate Animal Carpiodes cyprinus Quillback SR None Davidson - Current Vertebrate Animal Crotalus horridus Timber Rattlesnake SC None Davidson - Current Vertebrate Animal Etheostoma collir op. 1 p Carolina Darter - Central Piedmont Population SC FSC Davidson - Current Vertebrate Animal Haliaeetus leuxcephalus Bald Eagle T None Davidson - Current Vertebrate Animal Lanius ludoticianus Loggerhead Shrike SC None Davidson - Current Vertebrate Animal Moxostoma mbustum Robust Redhorse E FSC Davidson - Historical Vertebrate Animal Myotis kibii Eastern Small-footed Myotis SC FSC Davidson - Current Status codes State status Federal Status CODE STATUS CODE STATUS E Endangered E Endangered T Threatened T Threatened Sc Special Concern C Candidate. C Candidate FSC Federal "Species of Concern" SR Significantly Rare PE Proposed Endangered EX Extirpated PD Proposed De-listed P_ Proposed (only used as a qualifier of the ranks above) Species Descriptions and Determination of Effect Species addressed in this document were chosen due to known occurrence in Davidson County. This was determined by reviewing USFWS Threatened and Endangered Species Database System (TESS) records and reviewing NCNHP records Schweinitiz's sunflower: Schweinitiz's sunflower is a perennial rhizomatous herb with purple stems, yellow composite flowers and pubescent lanceolate leaves. The stems can vary in number from one to many and are normally pubescent but are more likely than the leaves to be glabrous. The lanceolate leaves are pubescent overall with a scabrous upper surface and denser fine white hairs below. The spinose hairs of the upper surface are directed towards the leaf tip. Leaves on the lower stems are oppositely arranged and generally larger than those on the upper stems, which are often arranged alternately (USFWS, 1994). Schweinitz's sunflower blooms from August-October as late as first frost. The composite flowers have fertile disc flowers that range from yellow to purplish in color, and yellow ray flowers. The entire flower averages approximately 5cm across. Schweinitz's sunflower is shade intolerant and is believed to have once inhabited Piedmont prairies, forest edges and Post Oak - Blackjack savannas (USFW, 1991). The species currently occurs in clearings, upland forest edge habitat, power line and roadside rights of way, especially those areas maintained by a regular fire regime or other disturbances. Those piedmont woodland communities favored by Scweinitz's include xeric hardpan forest, dry hickory-oak forest, or 6 Piedmont longleaf pine forest (as defined by Schafale and Weakley, 1990). (httg: / /www.natureserve.org/explorer/servlet/NatureServe?searchName=Helianthus+sch-,veinitzii) Soils that support Schweinitz's sunflower include clays, clay-loams and sandy clay loams with high gravel content. These soils can vary in moisture content from moist to dry. While clay soils were noted during the surveys, no suitable habitat was noted and no Helianthus spp. were found. Biological determination: No effect Heartleaf Plantain: Heardeaf plantain (Plantago cordata) is a semi-aquatic perennial with broad ovate to chordate fleshy leaves and one to several scapes that are hollow when mature. The leaf size can be variable depending on the season, with the larger, chordate leaves occurring in the summer and the narrow, often lanceolate leaves occurring in winter. Leaves in the fall are of intermediate size. The heardeaf plantain in North Carolina occurs in gravelly or rocky stream beds and associated gravel bars (Kartesz,1994). The heardeaf plantain has very specific habitat requirements, both in substrate composition and hydrology, and is very sensitive to water quality and sedimentation. Heardeaf plantain begins flowering in mid-April from with fruit maturation occurring within one to three weeks of anthesis. The flowers are perfect and bear feather-like stigmas and abundant pollen typical of plants adapted for wind pollination. The project area had only marginally suitable habitat for the heart-leaf plantain based on hydrology, but no soils considered to be suitable were noted within the project area. Biological determination: No effect Methods Prior to any delineations or surveys, USGS Topographic maps, Davidson County Soil maps (MRCS, 2009), aerial photographs, NCNHP data and publications, and USFWS records were reviewed to identify those areas that might contain habitat for listed species. Species to be included in potential surveys were identified as described above. The first phase of the field work included a survey on foot of the project area to identify potential habitat for listed species. Because of time constraints and the flowering season of, surveys were simultaneously conducted to determine the presence of Schweinitz's sunflower. Much of the proposed project work will be completed within areas currently used for agriculture. These areas were not surveyed but the boundaries of these areas and all edge habitats were surveyed. Areas within the existing water treatment facilities were also excluded from the surveys. Field work also included delineations of jurisdictional wetlands within the project area. Wetland delineations were conducted in accordance with the 1987 Corps of Engineers Wetland Delineation Manual (USACE, 1987) and the Interim Regional Supplement to the COE Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region. Wetland delineations were conducted between January 19, 2009 and January 29, 2009. A jurisdictional determination site review by the USACOE, Wilmington Regulatory Field Office is pending. 7 Conclusions The project area includes a high percentage of disturbed area, including agricultural fields, mowed areas, sedimentation basins, raw water basin, roads and existing water treatment facilities. The areas in the vicinity of the wetlands and the edges of the wooded area provided the only potential habitat for listed species. Based on the surveys, it was determined that the canopy of the wooded area was too thick and the forest edges were too thick with pioneer species and these site conditions were not conducive to the occurrence of the heartleaf plantain or Schweinitz's sunflower. Other sections of the project area not disturbed as described above have been cleared and maintained and were not considered suitable for either of the endangered plant species. No protected species (federal or State) were detected during the biological survey for the proposed upgrade to the Davidson Water Treatment Plant. Therefore, this project, as designed will have no effect on the Schweinitz's sunflower or the heartleaf plantain. References Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafale, M.P., McNab, W.H., Lenat, D.R., and MacPherson, T.F., 2002. Ecoregions of North Carolina, U.S. Environmental Protection Agency, Corvallis, OR, (map scale 1:1,500,000). Kartesz, J.T. 1994. A synonymized checklist of the vascular flora of the United States, Canada, and Greenland. 2nd edition. 2 vols. Timber Press, Portland, OR. NC DENR, 2007 North Carolina Natural Heritage Program database available: http://149.168.1.196/nhp/find.12hl2 accessed 11 October 2009. NC DENR, 2009. Natural Heritage Element Occurrences: NC DENR, Div. of Parks and Recreation, Natural Heritage Program, Raleigh, North Carolina. Schafale, M.P. and A.S. Weakley, 1990. Classification of the natural communities of North Carolina: third approximation. NCDEHNR, NC Natural Heritage Program, Raleigh, NC. 325 pp. USACOE, 1987. Corps of Engineers wetlands delineation manual. Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, MS. 100 pp. U.S. Department of Agriculture, 2009. Natural Resources Conservation Service Soil Survey Geographic (SSURGO) database for Davidson County, North Carolina URL:<http://SoilDataMart.nres.usda.gov/>• Accessed October, 2009 USFWS,1990, Endangered and Threatened Species Accounts. [Web page] U.S. Fish and Wildlife Service, Division of Endangered Species. http://ecos.fws.gov/servlet/TESSS12eciesQuery. Accessed: Oct 2009 USFWS,1992. Schweinitz's Sunflower species description. [Web page] U.S. Fish and Wildlife Service, North Carolina Ecological Services. http://www.fws.gov/nc-es/plant/schwsun html Accessed October 2009. USFWS, 1994. Schweinitz's Sunflower Recovery Plan, Atlanta, GA 28 pp. USFWS, 2007. National Bald Eagle Management Guidelines, U.S. Fish and Wildlife Service, Division of Endangered Species. Available: http: / /www. fws.gov/midwest/ Eagle/guidelines /NationalBaIdEagleManagementGuidelines.pdf Accessed October 2009. 9 Appendix A Photographs of the project area for the proposed upgrade and expansion to the Davidson Water, Inc. water treatment facility. Appendix A-1: Section 404 wetland looking north toward the existing facilities. Note the sparse herbaceous layer. The second photo is taken near the head of the wetland seep. Al i. ? t i pa Appendix A2: Photographs of typical maintained areas within the project area. A2 -CA-31 Appendix A3: Photographs looking south and southeast (respectively) across jurisdictional ditch. The first photo shows the isolated wetland area in the background. A4 Appendix 4: Photographs from the project site looking toward the Yadkin River. A4