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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 z � Z:\PROJECTSIFAY110121DESIGNIDRAWINGSIProject\BEAVER LAW & ST. JOHN1b-Sheets\FA Y1012-LAW-CSG-01.dgn "w c irY REV 43l64gO �S72 H&V CONTROL JK MAG NAIL #7 N: 474,695.12 E: 2, 036, 900.41 ELEVATION: 82.22' TRANS TO 18" B3.2 82.34 FG 82.76 TC +8'.5. u� AI TIE /N CtG // 82.38_ FG EXISTING CURBING AND INSTALL NEW CURB & GUTTER AS SHOWN. j/ 11 5-b17i SEE BANK STABILIZATION 6� EXPOSED SANITARY SEWER LINE 153 PLANS TOP PIPE:74.60' REMOVE AND REPLACE ASPHALT PAVEMENT AS REQ'D TOP PIPE: 74.42' APPROXIMATE LIMIT OF TEMPORARY EXCAVATION 63.E +64.7 65.- \ \ +75.6 +76. 9- --7-7 H&V CONTROL JK MAG NAIL #1 N: 474,682.69 E: 2, 036, 942.00 ELEVATION: 80.87' ASPHALT PARKING +64.8 +64.7 +77.4 A +y4.1 EDGE IOF WATER/ +€0.1 64.5 64.0 +77.6 +77.4 N 00. SAWCUT AND MATCH TO EXISTING ASPHALT REMOVE EXISTING CURBING 79.51 FG 79.93 TC /9..S/ / +61.3 / JERSE BARRIER WALL 78.50± FG 78.92± TC +61.6 +61.0 +TEMPORARY DIVERSION 64.1 TEMPORARY STREAM ACCESS AND IMPACT /� (1,950 SF +/-) PERMANENT "NO LOSS" STREAM IMPACT (103 LF and 1,060 SF) 64.1 / H: V CONTROL J MAG NAIL #5 474,684.74 E: 2,037,023.87 31 ELEVATION: 78.53' N V: 72.46' FLOW OF CROSS CREEK 63.7 7 DI 8 TE: 78.19' T: 75.11' 78.91 78.63 \\rpJ +78.6 /\ +� ��0 ��. \ -9 / F Tf .7 +62.7 +61.2 78.2 74.3 6v x-+62.1 63 8-e 10 GRAPHIC SCALE 0 5 10 // //// // 20 AS SHOWN ( IN FEET ) 6/4 LILLE z z z 11. W 0 J REET, SUITE 500A co Mp zz N Ci J O_ V_ Q > rn J Zw oIw� 0 a N Li d Z REVISIONS: SITE AND GRADING PLAN CSG-01 Z:\PROJECTSIFAY110121DESIGNIDRAWINGSIProject\BEAVER LAW & ST. JOHN1b-Sheets\FA Y1012-CHURCH-CSG-01.dgn ASPHALT PARKING H&V ON JK N: 47 Ej 2, 03 ELEVNI 78.6±FG 79.02TC 79.03±FG TR N: 79.00' 79.59FG 80.01 TC 78.35±FG oc)s 4c,L H&V •NTRO JK AG ' I #12 N: 474,930.•.3 E: 2, 037, 0.1.9 ELEVATI P : 81.97'' 81.9±FG 81.58FG /t` �r SAWCUT IXIST. 79.83±FG82.00TC PAVEMENT ---:;AP CO .01Cb. 80.75±FG o o 80.39FG 80.81 TCL 77 ;',i %' ii 27 77 ADJUST GRATE W' OF DITOFG G' `TE: I : 77.90' 14, ; a . CiD11 \/ 1. •82.40FG • (0. 82.8±FG OF ATER ti ct .(c?› co o w co COF S GRATE=8 HOOD=82.82 TI TO EXIST. 15" MRM PIPE CH BASIN TL DR-3 83.7±FG 9 ti /o \ ogg co co 84.44FG CO A ASPHALT PARKING SAWCUT EXIST. H&V CONT PAVEMENT JK MAG NAIL\ # N:475,023.60\ E: 2, 036,"91. 28\ 85.1±FG ..85.28TC 20FG • / ,1 \\ ,„, \ I I cc, \ 0 \ I \I \\ TEMPORARY STREAM ACCESS AND IMPACT ti PERMANENT "NO LOSS" STREAM IMPACT (141 LF and 3,600 SF) ELEVATION 85.5±FG REMOVE AND REPLACE EXISTING ASPHALT PAVEMENT APPROXIMATE LIMIT OF TEMPORARY EXCAVATION APPROXIMATE LIMIT OF TOP OF RIPRAP ((///ii)f»?,,(k) 'iti \AI \ \?,\ (c,iC • \ 3-7 \ \ • \ co \ \\ pal .0/14»»AFL,F/ 71/1 -t z 1/78//// 1 / (A, N ���\',�i�i�illi'�� 4-1 I / \\.*( \ vo(i N(-4\ • \\\\\\\\ g-(3„,h \\\%-,\\In .07 /W.\\\\M\\\\\\V\. 10 GRAPHIC SCALE 0 5 10 20 AS SHOWN ( IN FEET ) z w Q [7 z z z w 0 J a LiJ 1 w W 0 N �Vz zz N Z Q zw O I w w 17 0 N Li d Z 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 oos‘\- r 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 cic) 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 -CD11 G1 Houses CD1162 House CD0376iHouses 002 Mansard Roof House 1973 • CD064f3 iL ttE-Thornt House (Gone) 1979 le • • 4 • GD0'1•77 First Baptist *'•# CD1046 J. L. Dawkins Federal Building "',algreens a++iJtt-viIIe CD0011 St. John's Episcopal Church 1974 CD0003 Kyle House 1972 Ghurch 1963 ' GD0302 Commerdal Building, • House, &Park CD0854 R 0055_ CD0306 CammZraal Buildings CD1045 First Citizens Bank &Trust Company Annex Building ifti* r04 Commerdal Buildings CD0853 Lafayette Hotel Gone 7L { GDD286 FIe*3hman's CD0290 Commercial Buildi• CD0323 �Commr�ercial Buldirg. C L+CDb300 The Globe CD029 GoT imecrdal Buildings CD0327 Commerdal BuilaingsCD0325 Dr. Bugg's Office CD0297 Commercial Buildings CD1026 ColouarrBuilding p# -- Bridge 2035 *4 4 a UMBEILND CD0004 First Church ngs rp0305 Commercial Buildings Stogy • C 321 Liberty Lunch CD031.5 Com elrcial.Buildings .. 2/3/2021, 4:19:11 PM Local districts & boundaries Local individual resources & centerpoints Local Landmark s # Presbyterian 1976 34 Commerdal Buildng J C�D1EGO ■ • CDO 8 Saint Ann's Cathok Church 2SS1 r • • • • Brookside Cemetery 2003 CD 0206 gross Creek CemeteryNo 1 1966 • r 1 ■ CD0379 Houses rWrn,. ar. Noe � CD---- Bridge 2CC5 CD GSA Houses CD---- Bridge 1005CDr 285 }ooISpring h{dl GD01J74 E7 8tis Metropolitai ▪ AME Zion Church 1983 CDG2�Buildii CD1063 Cool Spring Archaeological Site 20Q9GD0284 GD0008 Fool Spring 1972 ▪ Local Landmark, Gone Surveyed Only individual resources & centerpoints Surveyed Only Surveyed in NRHD Local HD Center Point Charles Ra-ikin House 1:4,514 0 0.03 0.06 s ' ' 0 0.05 0.1 0.12 mi 0.2 km 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