HomeMy WebLinkAbout20201874 Ver 1_ePCN Application_20210520DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
Has this project met the requirements for acceptance in to the review process?*
6 Yes
✓ No
Is this project a public transportation project?*
CYes r No
Change Only 1 needed.
BIMS # Assigned* Version#*
20201874 1
Is a payment required for this project?*
✓ No payment required
✓ Fee received
6 Fee needed - send electronic notification
Reviewing Office *
Fayetteville Regional Office - (910) 433-3300
Information for Initial Review
What amout is owed?*
r $240.00
6 $570.00
Select Project Reviewer*
Chad Turlington:eads\ccturlington
la. Name of project:
Beaver-Courie Law Firm & St. John's Episcopal Church Bank Stabilization
la. Who is the Primary Contact?*
Philip May
1 b. Primary Contact Email:*
phil.may@carolinaeco.com
Date Submitted
5/20/2021
Nearest Body of Water
Cross Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude:
35.054135
Pre -Filing Meeting Information
ID#
20201874
Pre -fling Meeting or Request Date*
2/18/2021
Longitude:
-78.876411
Attach documentation of Pre -Filing Meeting Request here:*
DWR Pre -Filing Meeting Request Form_Recieved.pdf
lc. Primary Contact Phone:*
(919)606-1065
Version
56.78KB
A. Processing Information
County (or Counties) where the project is located:
Cumberland
Is this a NCDMS Project
C- Yes f No
Is this project a public transportation project?*
C- Yes f No
la. Type(s) of approval sought from the Corps:
[7 Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
C- Yes
G No
1b. What type(s) of permit(s) do you wish to seek authorization?
fJ Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
✓ Yes F No
Nationwide Permit (NWP) Number: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
17 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
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:
If. Is this an after -the -fact permit application?*
C- Yes f No
✓ 401 Water Quality Certification - Express
✓ Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
CYes (7 No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C- Yes r No
Acceptance Letter Attachment
lh. Is the project located in any of NC's twenty coastal counties?
CYes (7 No
1j. Is the project located in a designated trout watershed?
C- Yes C' No
B. Applicant Information
Id. Who is applying for the permit?
[7 Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
6 Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
New City Development LLC & St John Episcopal (City to acquire easements)
2b. Deed book and page no.:
2c. Responsible party:
City of Fayetteville
2d. Address
✓ Yes 6' No
✓ Yes 6 No
Street Address
433 Hay St
Address Line 2
aty
Fayetteville
Postal / Zip Code
28301
2e. Telephone Number:
(910)433-1990
2g. Email Address:*
dhewett@ci.fay.nc.us
4. Agent/Consultant (if applicable)
4a. Name:
Philip May
4b. Business Name:
Carolina Ecosystems, Inc.
4c. Address
Street Address
3040 NC 42 West
Address Line 2
atY
Clayton
Postal / TZp Code
27520
4d. Telephone Number:
(919)606-1065
4f. Email Address:*
phil.may@carolinaeco.com
Agent Authorization Letter*
Corps Authorization Letter 2021.02.03.pdf
State / Rovince / Region
North Carolina
Country
United States
2f. Fax Number:
State / Bovine / Region
NC
Country
United States
4e. Fax Number:
284.92KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality/ town:
Fayetteville
2. Project Identification
2a. Property Identification Number:
0437-64-8732, 0437-74-0644, 0437-64-9645,
0437-74-0653, 0437-74-2138, 0437-74-5290,
0437-75-1060, 0437-64-9926, 0437-65-9151
2c. Project Address
Street Address
Various parcels - easements being acquired by City
Address Line 2
2b. Property size:
10.26
(Sty State / Province / Region
Fayetteville NC
Postal / Zip (ode Country
28301 United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Cross Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040704
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:*
Land use is primarily urban and a mix of private businesses, churches, and public park areas. Severe scour and erosion has caused bank migration of Cross Creek at several locations,
damaging the adjacent properties.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
✓ 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)
CrossCreekEWP_USGS_ Figure.pdf 594.05KB
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)
CrossCreekEWP_NRCS_ Figure.pdf 224.37KB
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
340
4h. Explain the purpose of the proposed project:*
The City of Fayetteville has been provided USDA Emergency Watershed Protection funding to assist with severe erosion issues in their downtown area. The Cross Creek watershed is
largely urban and highly impervious, and the stream experiences high volume and velocity flows during precipitation events, resulting in severe erosion along its banks. Two areas
(Beaver Law and St John's Church) have been identified as critical areas needing immediate repair.
The properties in question abut Cross Creek and have experienced property loss as a result of bank migration. The stream continues to encroach on the properties and could
endanger users of the properties. The proposed design stabilizes the severely eroded bank sections with geotextile, crushed aggregate and Redi-Rock blocks to prevent further bank
migration and property destruction.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will entail grading the banks of Cross Creek followed by laying geotextile fabric and backfilling with crushed aggregate and Redi-Rock blocks primarily above the ordinary
high water mark (OWHM). Standard construction equipment including cranes will be used to grade the bank and place Redi-Rock blocks within the work area.
Prior to bank work, access ramps will be built to get equipment into the work area within the stream which is severely incised. In order to work in the dry, an impervious barrier will be
installed to divert the stream and allow work on the stream banks per the attached plans. Construction access methodology is also described in the plans.
4j. Please upload project drawings for the proposed project.
BEAVER-COURIE-LAW-20210413 CSG-01 Stream Impact.pdf
ST JOHNS-20210413 -CSG-01 Stream Impact.pdf
FAY1012-CHURCH-20210514 COMBINED SET-REV.pdf
FAY1012-LAW-20210514 COMBINED SET -REV .pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
399.74KB
653.18KB
9.12MB
8.05MB
r No r Unknown
Comments:
Project areas were reviewed in the field and no wetlands are present.
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
✓ Preliminary r Approved r Not Verified r Unknown F N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
5d1. Jurisdictional determination upload
6. Future Project Plans
Matt Harrell
Carolina Ecosystems, Inc.
6a. Is this a phased project?*
✓ Yes 6' 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?
The two project areas are being let and contracted as one item, and therefore are combined in this application. The project has not been phased, but future stabilization efforts may be
undertaken if additional erosion needs to be addressed as conditions change along Cross Creek, or more funding is acquired.
D. Proposed Impacts Inventory
U
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
r Wetlands fJ Streams -tributaries
r Open Waters r Pond Construction
3. Stream Impacts
❑ Buffers
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name *
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width *
3h. Impact
length*
S1
Bank Stabilization
Permanent
Bank Stabilization
Cross Creek
Perennial
Corps
30
Average (feet)
103
(linear feet)
S2
Bank Stabilization
Temporary
Dewatering
Cross Creek
Perennial
Corps
30
Average (feet)
37
(linear feet)
S3
Bank Stabilization
Permanent
Bank Stabilization
Cross Creek
Perennial
Corps
25
Average (feet)
141
(linear feet)
S4
Bank Stabilization
Temporary
Dewatering
Cross Creek
Perennial
Corps
25
Average (feet)
59
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
244
3i. Total stream and ditch impacts:
340
3i. Total temporary stream impacts:
96
3j. Comments:
Impacts S1 and S2 are associated with Beaver-Courie Law site, and Impacts S3 and S4 are associated with St John's Episcopal Church.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
No permanent stream loss is proposed. Per the attached plans, Redi-Rock will be placed below the OHWM as the stream has scoured out the area
and avoidance of this is not practicable. The location and extent of erosion has prevented the use of natural stabilization measures as shallower
stream banks would encroach on existing infrastructure including parking lots and buildings.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The impervious barriers will allow work in the dry and limit sedimentation as a result of the project construction. An open box culvert will be used to
access the streamside area from the opposite bank if needed. Erosion control measures will be implemented per State 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
r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
No permanent loss of Waters of the U.S. will result from the project.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
✓ Yes
f No
If no, explain why:
This section of the Cape Fear River basin does not have state riparian buffer rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
✓ Yes 6.No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
✓ Yes ( 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?
✓ Yes r No
( N/A - project disturbs < 1 acre
Comments:
No impervious area is proposed therefore no stormwater management plan is required.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
( Yes rNo
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)? *
✓ Yes (No
Comments:*
USDA Emergency Watershed Protection funding will be used to construct these projects. NEPA review has been performed and an environmental
document (EA or EIS) is not required for these projects.
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)?*
✓ Yes (No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
✓ Yes (No
3b. If you answered "no," provide a short narrative description.
No new development is proposed - the purpose of this project is to protect e>dsting structures. Downstream water quality would likely improve as the
project would result in less erosion and sedimentation than current rates.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
✓ Yes ( No r N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
✓ Yes (No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
( Yes rNo
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
( Yes
What Federal Agency is involved?
USDA
5e. Is this a DOT project located within Division's 1-8?
✓ Yes ( No
r No r Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
( Yes r No
5g. Does this project involve bridge maintenance or removal?
✓ Yes ( No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
✓ Yes ( 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.?
✓ Yes ( No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS Information for Planning and Consultation - https://ecos.fws.gov/ipac/
Consultation Documentation Upload
CrossCreekEWP_IPac_ Figure.pdf 273.7KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes (No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Mapper - https://wvow.habitat.noaa.gov/protection/efh/efhmapper/
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?*
( Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
The entire project area is within the Fayetteville Downtown Historic District, Listed in the National Register of Historic Places. No permanent structure
will result from this project that would be visible from the National Register Historic District as the banks of the stream are between the eAsting
buildings and below surrounding grades.
NC HPOWEB 2.0 - https://nc.maps.arcgis.comiapps/webappviewer/index.html?id=d2d04d8d7e03403f889419526e682529
7c. Historic or Prehistoric Information Upload
CrossCreekEWP_NCHPO_ Figure.pdf 393.13KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
( Yes rNo
8b. If yes, explain how project meets FEMA requirements:
A flood study has been performed and submitted for review. A No Rise Certification is anticipated for the project.
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Mapping Program
Miscellaneous u
Comments
As mentioned above, there are two projects (Beaver-Courie Law and St John's Episcopal Church) included in this application as they are being released as one contract by the City,
and also to accelerate review of the projects. If separate Nationwide Permit 13 and corresponding GC's are more appropriate please let us know.
Miscellaneous attachments not previously requested.
Signature
*
IJ By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• 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:
Philip May
Signature
J
Date
5/20/2021
*FAYETTEVILLE N
PUBLIC SERVICES
February 3, 2021
To Whom it May Concern:
The City of Fayetteville is undertaking Emergency Watershed Protection repairs to Cross Creek
within the City limits. These projects, partially funded by the US Depai intent of Agriculture, will
occur on multiple properties as shown in the attached plans and listed below. The projects are
intended to stabilize the banks of Cross Creek, increase safety, and prevent further degradation of
adjacent developed areas.
The City is coordinating with all owners, who are in agreement with the projects, and will acquire
appropriate access for construction as needed.
Gradient LLC and Carolina Ecosystems, Inc. are working on behalf of the City to design and
permit these projects, and are authorized to act as agents for the City in communication with federal
and state agencies as needed.
Cross Creek Projects:
• First Presbyterian Church of Fayetteville; PINs 0437-74-2138, 0437-74-5290
• Beaver Law Firm; PINs 0437-64-8732, 0437-74-0644, 0437-64-9645, 0437-74-0653
• St. John Episcopal Church; PINS 0437-75-1060, 0437-64-9926, 0437-65-9151
Should you need further information about this issue, please feel free to contact myself by phone
at (910) 433-1301 or by email at breeves@,ci.fay.nc.us.
Sincerely,
Byron Reeves, PE CFM
Stormwater Manager
433 Hay Street I Fayetteville, NC 28301 I www.fayettevillenc.gov I An Equal Opportunity Employer
[[1 CAROL,INA
VECOSYSTEMS
February 2021
Feet
0 175 350
Approximate Project Location
Cross Creek Bank
Stabilization Proejct
Fayetteville, NC
USGS Map
Fayetteville and Vander, NC (2016) USGS 1:24000 Quadrangle Maps
AROLINP
:COSYSTE
February 2021
Feet
0 175 350
Approximate Project Location
Cross Creek Bank
Stabilization Proejct
Fayetteville, NC
NRCS Soil Survey
Cumberland County, NC NRCS Soil Survey Maps 11 and 12
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ST. JOHN'S EPISCOPAL CHURCH
SITE AND GRADING PLAN
CSG-01
IPaC Information for Planning and Consultation u.s. Fish &Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat
(collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS)
jurisdiction that are known or expected to be on or near the project area referenced below. The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood
and extent of effects a project may have on trust resources typically requires gathering additional
site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of
proposed activities) information.
Below is a summary of the project information you provided and contact information for the USFWS
office(s) with jurisdiction in the defined project area. Please read the introduction to each section that
follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional
information applicable to the trust resources addressed in that section.
Location
Cumberland County, North Carolina
Local office
Raleigh Ecological Services Field Office
t. (919) 856-4520
la (919) 856-4556
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
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Raleigh, NC 27606-1487
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project
level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of
the species range if the species could be indirectly affected by activities in that area (e.g., placing a
dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly
impact the species by reducing or eliminating water flow downstream). Because species can move,
and site conditions can change, the species on this list are not guaranteed to be found on or near the
project area. To fully determine any potential effects to species, additional site -specific and project -
specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area
of such proposed action" for any project that is conducted, permitted, funded, or licensed by any
Federal agency. A letter from the local office and a species list which fulfills this requirement can only
be obtained by requesting an official species list from either the Regulatory Review section in IPaC
(see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE. IliZA
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species
and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and
Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheries ).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this
list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information. IPaC only shows species that are regulated by USFWS (see FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following species are potentially affected by activities in this location:
Birds
NAME STATUS
Red -cockaded Woodpecker Picoides borealis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Reptiles
NAME
American Alligator Alligator mississippiensis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
Fishes
NAME
Cape Fear Shiner Notropis mekistocholas
Wherever found
There is final critical habitat for this species. The loca
critical habitat is not available.
https://ecos.fws.gov/ecp/species/6o63
Clams
NAME
Atlantic Pigtuscd aia mason'
WhereCI%)
d
thsopd�ed critical habitat for this species. The location of the
c-Nhitat is not available.
https://ecos.fws.gov/ecp/species/5164
Insects
Endangered
STATUS
SAT
S
�gtc
ngered
STATUS
Proposed Threatened
NAME STATUS
Saint Francis' Satyr Butterfly Neonympha mitchellii francisci
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5419
Endangered
Flowering Plants
NAME STATUS
American Chaffseed Schwalbea americana
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1286
Michaux's Sumac Rhus michauxii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5217
Pondberry Lindera melissifolia
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1279
Rough -leaved Loosestrife Lysimachia asperulaefolia
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2747
Critical habitats
Endangered
Endangered
Endangered
lc\11‘
Endangered
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
THERE ARE NOITICAL HABITATS AT THIS LOCATION.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act
land the Bald and Golden Eagle Protection ActZ.
Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/
conservation-measu res.php
• Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf
The birds listed below are birds of particular concern either because they occur on the USFWS Birds
of Conservation Concern (BCC) list or warrant special attention in your project location. To learn
more about the levels of concern for birds on your list and how this list is generated, see the FAQ
below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on
this list will be found in your project area. To see exact locations of where birders and the general
public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip:
enter your location, desired date range and a species on your list). For projects that occur off the
Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird
species on your list are available. Links to additional information about Atlantic Coast birds, and
other important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
lk
For guidance on when to schedule activities or implement avoidance and minimization measures to
reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at
the top of your list to see when these birds are most likely to be present and breeding in your project
area.
NAME
American Kestrel Falco sparverius paulus
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Bachman's Sparrow Aimophila aestivalis
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/6177
BREEDING SEASON (IF A
BREEDING SEASON IS INDICATED
FOR A BIRD ON YOUR LIST, THE
BIRD MAY BREED IN YOUR
PROJECT AREA SOMETIME WITHIN
THE TIMEFRAME SPECIFIED,
WHICH IS A VERY LIBERAL
ESTIMATE OF THE DATES INSIDE
WHICH THE BIRD BREEDS ACROSS
ITS ENTIRE RANGE. "BREEDS
ELSEWHERE" INDICATES THAT THE
BIRD DOES NOT LIKELY BREED IN
YOUR PROJECT AREA.)
Breeds Apr 1 to Aug 31
Breeds May 1 to Sep 30
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
https://ecos.fws.gov/ecp/species/1626
Eastern Whip -poor -will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska."
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Breeds Sep 1 to Jul 31
Breeds May 1 to Aug 20
Breeds Apr 20 to Aug 20
1106
Breeds May 1 to Jul 31)
>%.‘
Breeds Apr 1 to Jul 31
Breeds May 10 to Sep 10
Breeds elsewhere
Breeds May 10 to Aug 31
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any
location year round. Implementation of these measures is particularly important when birds are most likely to occur
in the project area. When birds may be breeding in the area, identifying the locations of any active nests and
avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur
and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species
present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that
may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
(AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried
and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects,
and that have been identified as warranting special attention because they are a BCC species in that area, an eagle
(Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area. To get a list of all birds potentially present in your
project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring
in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian
Knowledge Network (AKN). This data is derived from a growing collection of survey. banding, and citizen science
.16
datasets .
Probability of presence data is continuously being updated as new and better information becomes available. To
learn more about how the probability of presence graphs are produced and how to interpret them, go the
Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-
round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if
you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If
a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is
indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range
anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of
the requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from
certain types of development or activities (e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to
avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For
more information on conservation measures you can implement to help avoid and minimize migratory bird impacts
and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of
bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal
also offers data and information about other taxa besides birds that may be helpful to you in your project review.
Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,
including migration. Models relying on survey data may not include this information. For additional information on
marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle
Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority
concern. To learn more about how your list is generated, and see options for identifying what other birds may be in
your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in
my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km
grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a
red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of
presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack
of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting
point for identifying what birds of concern have the potential to be in your project area, when they might be there,
and if they might be breeding (which means nests might be present). The list helps you know what to look for to
confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize
potential impacts from your project activities, should presence be confirmed. To learn more about conservation
measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to
migratory birds" at the bottom of your migratory bird trust resources page.
Facilities
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National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404
of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME
This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very
large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at
this location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the
use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions Occ2'
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the
geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities
involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or
local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such
activities.
Cross Creek Bank Stabilization NCHPO HPOWEB
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▪ Local Landmark, Gone Surveyed Only individual resources & centerpoints
Surveyed Only
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Local HD Center Point
Charles Ra-ikin
House
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0 0.05 0.1
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State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA,
North Carolina State Historic Preservation Office
State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS I Esri, HERE
DWR Pre -Filing Meeting Request Form
ID#*
Regional Office *
Reviewer List*
20201874
Version*
1
Fayetteville Regional Office - (910) 433-3300
Chad Turlington
Pre -Filing Meeting Request submitted 12/3/2020
Contact Name* Matthew Harrell
Contact Email Address* matt.harrell@carolinaeco.com
Project Name * Cross Creek Bank Stabilization
Project Owner* City of Fayetteville
Project County* Cumberland
Owner Address: Street Address
433 Hay St
Address Line 2
City State / Rovince / Region
Fayetteville North Carolina
Fbstal / Zip Code Country
28301 United States
Is this a transportation project?* C Yes ( No
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - I— 401 Water Quality Certification -
Reg ula r Express
I— Individual Permit I— Modification
I— Shoreline Stabilization
Does this project have an existing project ID#?*
C Yes ( No
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below.*
This pre -filing meeting request encompasses three locations along
Cross Creek in downtown Fayetteville where streambank stabilization
measures are proposed (See attached figure). Along an
approximately 2,000-foot stretch of Cross Creek in downtown
Fayetteville, there are three locations where high flow events have
significantly eroded streambanks posing immediate threats to
adjacent properties. The proposed actions would include structural
bank stabilization to prevent additional property loss. Each location
will be permitted separately, and these applications are underway
and anticipated in early January 2021. Draft plans for two of the three
locations (Beaver Law and St. Johns) are attached but subject to
change as design is in progress.
Please give a couple of dates you are available for a meeting.
12/14/2020
12/21/2020
Please attach the documentation you would like to have the meeting about.
CrossCreekSectionEWP Pre-
- 5.38MB
Filing_FigurePackage.pdf
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• !also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 12/3/2020