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HomeMy WebLinkAbout20210709 Ver 1_ePCN Application_20210601DWR 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 f No Change cnly 1 needed. BIMS # Assigned* 20210709 Is a payment required for this project?* ✓ No payment required ✓ Fee received 6 Fee needed - send electronic notification Reviewing Office * Winston-Salem Regional Office - (336) 776- 9800 Version#* 1 What amout is owed?* r $240.00 6 $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood Information for Initial Review la. Name of project: Greensboro Arboretum Stream Restoration/Enhancement along North Buffalo Creek la. Who is the Primary Contact? * James Mason, PWS 1b. Primary Contact Email:* james.mason@threeoaksengineering.com Date Submitted 6/1/2021 Nearest Body of Water North Buffalo Creek Basin Cape Fear Water Classification WS-V;NSW Site Coordinates Latitude: Longitude: 36.071624 -79.83805 Pre -Filing Meeting Information ID# 20210709 Pre -fling Meeting or Request Date* 4/7/2021 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form_Submitted 04-07-2021.pdf DWR Pre -Filing Meeting Request Form_30 days reached.pdf lc. Primary Contact Phone:* (919)732-1300 Version 1 54.67KB 180.25KB A. Processing Information County (or Counties) where the project is located: Guilford Is this a NCDMS Project ✓ Yes f• No Is this project a public transportation project?* ✓ Yes 6' No la. Type(s) of approval sought from the Corps: 17 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?* ✓ Yes ✓ No 1b. What type(s) of permit(s) do you wish to seek authorization? 7 Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) lc. Has the NWP or GP number been verified by the Corps? ✓ Yes ( No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 17 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 27 - Restoration 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: lf. Is this an after -the -fact permit application?* ✓ Yes r: No r 401 Water Quality Certification - Express 7 Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes ( No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? ✓ Yes ( No 1j. Is the project located in a designated trout watershed? ✓ Yes ( No B. Applicant Information ld. Who is applying for the permit? 17 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: City of Greensboro - Michael Borchers 2b. Deed book and page no.: 2c. Responsible party: 2d. Address ✓ Yes r No ✓ Yes r No Street Address 2602 S. Elm -Eugene Street Address Line 2 Criy State / Province / Region Greensboro NC Postal / Zip Code Country 27406 USA 2e. Telephone Number: 2f. Fax Number: (336)373-2055 2g. Email Address:* michael.borchers@greensboro-nc.gov 4. Agent/Consultant (if applicable) 4a. Name: James Mason, PWS 4b. Business Name: Three Oaks Engineering 4c.Address Street Address 324 Blackwell Street, Suite 1200 Address Line 2 Durham Fbstal / ZZp Code 27701 4d. Telephone Number: (919)732-1300 4f. Email Address:* james.mason@threeoaksengineering.com Agent Authorization Letter* Signed Three Oaks AGENT_AUTHORIZATION_FORM.pdf State / Bovine / Region NC Country USA 4e. Fax Number: 27.49KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality/ town: Greensboro 2. Project Identification 2a. Property Identification Number: 7854263273 2c. Project Address Street Address 3400 Open W. Market St Address Line 2 aly Greensboro Postal / Zip code 27402 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* North Buffalo Creek 3b. Water Resources Classification of nearest receiving water:* WS-V;NSW 2b. Property size: 7.9 State / Bovine / Fagion NC Country USA 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. 030300020105 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The project is located on the grounds of the Greensboro Arboretum, which is a maintained botanical garden. Land use in the vicinity of the arboretum consists of open green space (Lindley Park), roadways, residential, and religious facilities (Starmount Presbyterian Church). 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) GreenArb_Permit _Fig1_Topo.pdf 1.17MB 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) GreenArb_Permit_Fig2_Soil.pdf 1.28MB 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: 2,300 4h. Explain the purpose of the proposed project:* The City of Greensboro is constructing a stream stabilization, enhancement, and restoration along North Buffalo Creek in the Greensboro Arboretum. These efforts will be achieved by channel reshaping, grade control structures, bank stabilization, and planting native vegetation. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Throughout the stream corridor there are eroded banks, utility crossings, pedestrian crossings, and stormwater pipe outfalls. The City wishes to enhance the stream through the Arboretum to stabilize the stream banks and improve the overall experience for visitors. Supplemental plantings and grade control structures vwll encourage the development of ecosystems and prevent bank erosion. The goals of the stream restoration at the Greensboro Arboretum are to improve visual and functional connections along the stream corridor, protect the surrounding environment, and improve the stream's hydraulic and geomorphic functions that could help support improved water quality and habitat functions and values. Standard construction equipment such as trucks, cranes, and dozers will be used during construction. 4j. Please upload project drawings for the proposed project. 2021-05-17_Greensboro Arboretum_Permit Drawtngs.pdf 3.61MB Greensboro Arboretum Preliminary Report.pdf 29.85MB 2021-05-17_Greensboro Arboretum_ Erosion Control Drawings.pdf 27MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ✓ Yes Comments: r No 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ✓ Preliminary r Approved G Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Nathan Howell, PWS Three Oaks Engineering 5d1. Jurisdictional determination upload Three Oaks_Greensboro_Arboretum_PJD_Package_09142020.pdf 6. Future Project Plans 6a. Is this a phased project?* ✓ Yes 6- No 2.51MB r Unknown 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? No. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): r Wetlands rJ Streams -tributaries r Open Waters r Pond Construction 3. Stream Impacts fJ 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 Restoration/Enhancement Permanent Other North Buffalo Creek Perennial Both 20 Average (feet) 2,102 (linear feet) S2 Restoration/Enhancement Temporary Dewatering North Buffalo Creek Perennial Both 20 Average (feet) 191 (linear feet) S3 Restoration/Enhancement Temporary Other Lake Hamilton/Lake Euphemia Perennial Both 15 Average(feet) 27 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 2,102 3i. Total stream and ditch impacts: 220 3i. Total temporary stream impacts: 218 3j. Comments: Temporary impacts to North Buffalo Creek and Lake Hamilton/Lake Euphemia include temporary fill related to the restoration/enhancement effort, dewatering, and incidental temporary impacts to Lake Hamilton/Lake Euphemia where it ties into North Buffalo Creek within the project footprint (on the eastern end of the project). Since permanent impacts will either be enhancement, restoration, or bank stabilization, no permanent loss of Waters of the US are anticipated from this project. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. r Neuse r Catawba r Goose Creek I— Other ✓ Tar -Pamlico ✓ Randleman fJ Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Wetland, Stream and Buffer Restoration - Exempt (Since a 401 is required) P North Buffalo Creek No 38,216 194 Wetland, Stream and Buffer Restoration - Exempt (Since a 401 is required) T North Buffalo Creek No 54,978 14,469 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 54,978.00 Zone 1 38,216.00 Zone 1 93,194.00 Zone 2 14,469.00 Zone 2 194.00 Zone 2 14,663.00 Due to the nature of the Arboretum, there area several areas that included maintained lawn, planted garden beds, and asphalt pathways. These areas are identified within the temporary buffer impacts. All temporary impacts will be restored to pre-existing conditions once construction is completed. Since a Section 401 Application is required for the project, the riparian buffer impacts are Exempt based on the Jordan Lake Riparian Buffer Rules Table of Uses. Supporting Documentation 2021-05-17_Greensboro Arboretum_Permit Drawings.pdf 3.61MB 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: The restoration project has been designed to enhance/restore North Buffalo Creek within the project footprint to the greatest extent practicable. This includes design to restore in -stream geomorphology; stabilization of stream banks by grading steep slopes to a more stable profile; removing invasive species' and planting native vegetation. Soil lifts and boulder toe structures will be used in areas where 3:1 slopes cannot be achieved. Additional rip rap stabilization will be used underneath existing pedestrian bridges and at existing stormwater pipe outfalls to prevent future erosion. Please see the attached Erosion Control Plan for other avoidance and minimization techniques that were used during project design. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best Management Practices for Protection of Surface Waters will be employed. The project construction area is located within an active floodplain and subject to regular flooding. As such, the contractor shall limit the daily work area to a stream and floodplain section that can be completely constructed and stabilized within a single day. A completed and stabilized work area shall be at final grade with matting, temporary seeding, and/or mulch in place. In the event that the work area cannot be completed by the end of the work day, the contractor shall be responsible for providing additional stabilization and erosion and sediment control measures to protect the completed work from damage. All additional measures must be approved by the engineer. All work for the stream shall be performed from the stream channel bank, unless stream diversion is installed so that stream channel work is completed "in the dry". Erosion and sediment control measures shall be maintained continuously, relocated as necessary, and shall be checked after every rainfall. Seeded areas shall be checked regularly and shall be watered, fertilized, reseeded and mulched as necessary to obtain a dense stand of grass. Silt fencing will be installed along haul roads, around staging areas or other areas where loose soil is stockpiled, as well as any other areas where it is deemed necessary. Compliance of erosion control measures will occur and any failed fencing or other measures will be repaired. Please see the attached Erosion Control Plan for more detail regarding avoidance and minimization techniques that will be used during construction. 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 a No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Compensatory mitigation is not required for NWP 27 activities. 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? (7 Yes r No What type of SCM are you providing? I— Level Spreader n Vegetated Conveyance (lower SHWT) I- Wetland Swale (higher SHWT) n Other SCM that removes minimum 30% nitrogen I7 Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2021-05-17_Greensboro Arboretum_Erosion Control Drawings.pdf 27MB 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? 6' Yes r No Comments: 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 No 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 (NEPAUSEPA)?* ✓ Yes ( No Comments:* Municipal funding only. 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. The proposed project is a stream and riparian restoration project within the City -owned Greensboro Arboretum. There will not be any change to the existing use of the property, only an improvement to the existing stream/riparian conditions. This project will also not result in additional development surrounding the Arboretum. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ✓ Yes allor 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 r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes r No 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8? ✓ Yes r 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 r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ✓ Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPaC (checked 5/20/21); Survey/habitat assessment completed by Three Oaks Engineering (attached). No habitat was present for any federally -listed species for Guilford County. For NLEB, project is not located within a Green County or Red HUC. Consultation Documentation Upload Three Oaks_ Greensboro_ Arboretum_ Species and Communtiy Memo_09102020.pdf 11.5MB 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 Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* ✓ Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HPOWEB. There are no features located within the project footprint and no potentially -listed features per NC-HPO. 7c. Historic or Prehistoric Information Upload 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 FEMArequirements: FEMA coordination is required for this project and a No -Rise Certification will be submitted for the project. 8c. What source(s) did you use to make the floodplain determination?* FEMA Floodplain Map Miscellaneous Comments Miscellaneous attachments not previously requested. Signature * ® 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: James Mason Signature d f2.4.4h' Date 6/1/2021 City of Greensboro, Greensboro Arboretum Stream Restoration Project AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: PARCEL NO. 18108 PLAN NO.--- PARCEL ID: 7854263273 STREET ADDRESS: 3400 Open W Market St, Greensboro, NC 27403 Please print: City of Greensboro Property Owner: Property owner: ATTN: Michael M. Borchers The undersigned, registered property owners of the above noted property, do hereby authorize James Mason of Three Oaks Engineering, Inc. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 2602 S. Elm -Eugene St, Greensboro, NC 27406 Telephone: 336-373-2055 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. James Mason e„az :. James Mason Auttorized Signature Authorized Signature Date: Z_ 9 Date: 7/21/2020 Mk ..D. 1 ill iop IIIM Or,. ric-,:c - ._......,..-- . 1 a 1\ F... D r ,- No Aos...."0 --c.V:),' 4%. j/Y-' (Mb glr IL. r\,,i) i. GAmDEA., 1.. .1iP el-. pmLmaieyr ii, uji r.... if./410.1 ,:,, Li_., , CD 1.7 i 1= . — — C\ SO CI S fcz _ . Project Study Area Iller— MI 0. . Cj�i:EER/ �,`�� �C1Wir J, r++ hicAk ... it 9443VCSN% Prepared For: r The City of GREENSBORO J Greensboro Arboretum Stream Restoration Project Topographic Map - Greensboro, NC 2019 Guilford County, North Carolina Date: February 2021 Figure Scale:0 250 500 Ft JobNo.: 20-6131 Drawn By: NMSO Checked By: JSM Project Study Area USDA-NRCS Soil Survey CfB: Cecil -Urban Complex, 2-10% slope Co: Congaree loam, 0-2% slope EuB: Enon-Urban Complex, 2-10% slope MaD:Madison sandy loam, 10-15% slope MeB: Madison -Urban Complet 2-10% slope MuB: Mecklenburg -Urban Complex, 2-10% slope Geogr-phio Information N Analysis OtkEER/, atz `1143310"' " Prepared For: rit.4 The City of sigGREENSBORO Greensboro Arboretum Stream Restoration Project USDA-NRCS Soil Survey Map Guilford County, North Carolina Date: February 2021 Scale: 0 250 500 Ft I i I Job No.: 20-613 Drawn By: NMSO Checked By: JSM Figure 2 PROTECTED SPECIES, TERRESTRIAL COMMUNITIES, RIPARIAN BUFFER, AND JURISDICTIONAL RESOURCES ASSESSMENT Greensboro Arboretum Stream Restoration Project City of Greensboro Contract No. 2020-0110 Greensboro CITY OF GREENSBORO GUILFORD COUNTY, NORTH CAROLINA September 2020 TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 METHODOLOGY 1 3.0 TERRESTRIAL COMMUNITIES 2 3.1 Streamside Riparian Areas and Associated Buffers 3 4.0 PROTECTED SPECIES 4 4.1 Endangered Species Act Protected Species 4 4.2 Bald and Golden Eagle Protection Act 6 5.0 WATER RESOURCES AND REGULATORY CONSIDERATIONS 6 5.1 Water Resources 6 5.2 Clean Water Act Waters of the U.S 7 5.3 Construction Moratoria 8 5.4 N.C. River Basin Buffer Rules 8 5.5 Rivers and Harbors Act Section 10 Navigable Waters 8 6.0 REFERENCES 9 Appendix A. Figure 1. Figure 2. Figure 3. Figure 4. Figure 5. Figures Project Vicinity Map Topographic Map Jurisdictional Resources Map Terrestrial Communities Map Riparian Buffer Composition Map LIST OF TABLES Table 1. Terrestrial communities within the study area 3 Table 2. ESA federally protected species listed for Guilford County 4 Table 3. Potential jurisdictional streams in the study area 6 Table 4. Characteristics of potential jurisdictional streams in the study area 7 Species, Community, Buffer, and Water Resources City of Greensboro, Guilford County, N.C. 1.0 INTRODUCTION The City of Greensboro, North Carolina (the City), Water Resources Depailiuent, proposes the restoration of approximately 2,200 linear feet of North Buffalo Creek and adjacent riparian areas within the approximate existing location of the stream. This project will include restoration, stabilization, or enhancement of the stream, or a combination of these activities. The restoration will occur within the Greensboro Arboretum, located at 401 Ashland Drive in Greensboro. The following Protected Species, Terrestrial Communities, Riparian Buffer, and Protected Species Assessment Memorandum has been prepared to assist with planning for the stream restoration and to satisfy Section 404 permitting requirements if a permit were required for the project. 2.0 METHODOLOGY All jurisdictional resources work was conducted in accordance with United States Army Corp of Engineers (USACE) and North Carolina Division of Water Resources (NCDWR) delineation methodology. Species identification for protected species, terrestrial communities, and riparian buffers follows common species identification techniques and species descriptions outlined by various resources, including the United States Fish and Wildlife Service (USFWS), the United States Department of Agriculture (USDA), and Weakley's Flora (University of North Carolina). Terrestrial community identification roughly follows the North Carolina Natural Heritage Program's (NCNHP) "Guide to The Natural Communities of North Carolina: Fourth Approximation". Formatting of this document references the North Carolina Department of Transportation (NCDOT) — Environmental Coordination and Permitting (ECAP) Section's Preparing Natural Resources Technical Reports (NRTR) Procedure and references the latest NCDOT NRTR Template (November 2017). Field work was conducted on July 8 and August 3, 2020. The principal personnel contributing to the field work and document were: Principal Investigator: James Mason Education: M.S. Biology/Ecology, UNC — Charlotte, 2004 B.A. Biology, Colby College, 2000 Experience: Senior Environmental Scientist, Three Oaks Engineering, April 2018-Present Environmental Program Consultant, NCDOT, 2006-2018 Responsibilities: Small -whorled pogonia assessment, document preparation and review Investigator: Mary Frazer Education: B.S. Zoology, University of Wisconsin — Madison, 1988 M.E.M. Resource Ecology, Duke University, 1991 Experience: Senior Environmental Scientist, Three Oaks Engineering, July 2015-Present 1 September 2020 Species, Community, Buffer, and Water Resources City of Greensboro, Guilford County, N.C. Responsibilities: Wetland and stream delineations, protected species surveys, riparian buffer assessment Investigator: Paige Green Education: B.S. Natural Resources, North Carolina State University, 2019 Experience: Environmental Scientist, Three Oaks Engineering, May 2019-July 2020 Research Assistant, NCSU Tree Improvement Program, 2015-2019 Responsibilities: Document preparation Investigator: Nathan Howell Education: B.S. Fisheries, Wildlife, and Conservation Biology, North Carolina State University, 2013 M.S. Plant and Microbial Biology, North Carolina State University, 2015 Experience: Environmental Scientist, Three Oaks Engineering, October 2015 — Present Responsibilities: Wetland and stream delineations, protected species surveys, terrestrial communities, document preparation and review, GIS Investigator: Nancy Oberle Education: B.S. Environmental Science, University of Delaware, 2006 M.E.M. Water Resources, Duke University, 2011 Experience: Environmental Scientist, Three Oaks Engineering, June 2015- Present Environmental Scientist. The Catena Group, April 2012-June 2015 Responsibilities: Small -whorled pogonia assessment 3.0 TERRESTRIAL COMMUNITIES One terrestrial community was identified within the study area. Figure 4 shows the location and extent of this terrestrial community. Terrestrial community data are presented in the context of total coverage of each type within the study area (Table 1). The absence of undisturbed, natural, terrestrial communities is a result of the Arboretum's prolonged horticultural land use and the power company's control of vegetation within the large utility right-of-way. The species identified in Table 1 represent dominant species within this community, with a large number of planted cultivars also being present. Additional species located in this community type are also identified within Section 3.1 below. 2 September 2020 Species, Community, Buffer, and Water Resources City of Greensboro, Guilford County, N.C. Table 1. Terrestrial communities within the study area Community Dominant Species (Scientific name) Coverage (ac.) Maintained/Disturbed Johnson grass (Sorghum halepense) Porcelain -berry (Ampelopsis glandulosa) Japanese hops (Humulus japonicus) 7.9 Total 7.9 3.1 Streamside Riparian Areas and Associated Buffers Riparian areas immediately adjacent (i.e., within 30 feet) to North Buffalo Creek within the study area are comprised of both native and non-native grasses, forbs, and shrubs. Maintained lawns and landscaped areas are also located within North Buffalo Creek's riparian zone, which are maintained by the Greensboro Arboretum. These landscaped areas are typically comprised of non-native grass, herb, and shrub plantings. Within the outer twenty feet of the fifty -foot buffer, these landscaped areas may occur beneath a mix of native and non-native overstory hardwoods. Three distinct habitats occur within the 50-foot riparian buffer: maintained/landscaped, herbaceous/early successional, and wooded (Figure 5). The floristic composition of each of these habitats is described in further detail below. Maintained/Landscaped Overstory — willow oak (Quercus phellos), sweetgum (Liquidambar styracua), tulip poplar (Liriodendron tulipifera), southern catalpa (Catalpa bignonioides), bald -cypress (Taxodium distichum) Mid -story — Japanese -cedar (Cryptomeria japonica), green hawthorn (Crataegus viridis), Japanese maple (Acer palmatum), chindo viburnum (Viburnum awabuki), boxelder (Acer negundo), mimosa (Albizia julibrissin) Shrub — boxelder, mimosa, Chinese mahonia (Mahonia bealei), nandina (Nandina domestica), loropetalum (Loropetalum sp.), garden fig (Ficus carica), common elderberry (Sambucus canadensis), butterfly bush (Buddleja sp.), tree -of -heaven (Ailanthus altissima) Herbs/Grasses/Vines — bermuda grass (Cynodon dactylon), lilyturf (Liriope sp.), English ivy (Hedera helix), porcelain -berry, Japanese honeysuckle (Lonicera japonica), hosta (Hosta sp.), pokeweed (Phytolacca americana), eastern poison ivy (Toxicodendron radicans var. radicans) Herbaceous/Early successional Overstory — Absent Mid -story — Absent 3 September 2020 Species, Community, Buffer, and Water Resources City of Greensboro, Guilford County, N.C. Shrub — black willow (Salix nigra), common elderberry, smooth alder (Alnus serrulata), boxelder, buttonbush (Cephalanthus occidentalis), silverling (Baccharis halimifolia) Herbs/Grasses/Vines — hollow -stem joe-pye-weed (Eutrochium fistulosum), dog fennel (Eupatorium capillifolium), Johnson grass, porcelain -berry, pokeweed, Japanese honeysuckle, goldenrod (Solidago sp.), common horseweed (Erigeron canadensis), common mugwort (Artemisia vulgaris), common dayflower (Commelina communis), Japanese hops Wooded Overstory — willow oak, sweetgum, tulip poplar, southern catalpa, bald -cypress, tree -of - heaven, boxelder, elm (Ulmus sp.) Mid -story — Japanese -cedar, green hawthorn, Japanese maple, chindo viburnum, boxelder, mimosa, Bradford pear (Pyrus calleryana) Shrub — boxelder, mimosa, Chinese mahonia, nandina, loropetalum, garden fig, common elderberry, butterfly bush, tree -of -heaven, elm Herbs/Grasses/Vines — lilyturf, English ivy, porcelain -berry, Japanese honeysuckle, hosta, pokeweed, eastern poison ivy, Japanese stilt -grass (Microstegium vimineum), Johnsongrass 4.0 PROTECTED SPECIES 4.1 Endangered Species Act Protected Species As of July 17, 2020, the United States Fish and Wildlife Service (USFWS) lists four federally protected species under the Endangered Species Act (ESA) for Guilford County (Table 2). One additional species, listed as Proposed Threatened, has been included due to the potential that it will be listed during the life of this project. For each species, a discussion of the presence or absence of habitat is included below along with the Biological Conclusion rendered based on survey results. Table 2. ESA federally protected species listed for Guilford County Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Notropis mekistocholas Cape Fear shiner E No No Effect Percina rex Roanoke logperch E No No Effect Fusconaia masoni Atlantic pigtoe PT No No Effect Helianthus schweinitzii Schweinitz's sunflower E No No Effect Isotria medeoloides Small whorled pogonia T No No Effect E — Endangered; PT — Proposed Threatened; T — Threatened 4 September 2020 Species, Community, Buffer, and Water Resources City of Greensboro, Guilford County, N.C. Cape Fear shiner USFWS Optimal Survey Window: year-round, April — June (tributaries) Biological Conclusion: No Effect This species is listed by the USFWS as a "range by basin" species. This project does not occur within this species' range, so no potential habitat is present within the study area. A review of the July 2020 NCNHP dataset indicates no known occurrences in or within 1.0 mile of the study area. Due to lack of habitat and no known occurrences, the Biological Conclusion for this species is No Effect. Roanoke logperch USFWS Optimal Survey Window: year-round; April — June (optimal) Biological Conclusion: No Effect This species is listed by the USFWS as a "range by basin" species. This project does not occur within this species' range, so no potential habitat is present within the study area. A review of the July 2020 NCNHP dataset indicates no known occurrences in or within 1.0 mile of the study area. Due to lack of habitat and no known occurrences, the Biological Conclusion for this species is No Effect. Atlantic pigtoe USFWS Optimal Survey Window: year-round Biological Conclusion: No Effect This species is listed by the USFWS as a "range by basin" species. This project does not occur within this species' range, so no potential habitat is present within the study area. A review of the July 2020 NCNHP dataset indicates no known occurrences in or within 1.0 mile of the study area. Due to lack of habitat and no known occurrences, the Biological Conclusion for this species is No Effect. Schweinitz's sunflower USFWS Optimal Survey Window: Late August— October Biological Conclusion: No Effect Suitable habitat for Schweinitz's sunflower occurs along roadsides and wood edges in full to partial sun in areas with poor soils. During natural resources surveys conducted by Three Oaks on August 3, 2020, it was determined that suitable habitat for this species is not present within the study area. Additionally, a review of the July 2020 NCNHP dataset indicates no known occurrences in or within 1.0 mile of the study area. Due to lack of habitat and no known occurrences, the Biological Conclusion for this species is No Effect. 5 September 2020 Species, Community, Buffer, and Water Resources City of Greensboro, Guilford County, N.C. Small whorled pogonia USFWS Optimal Survey Window: mid -May — early July Biological Conclusion: No Effect Suitable habitat for small whorled pogonia is characterized by hardwood forests with an open understory and acidic soils. During natural resources surveys conducted by Three Oaks on July 8 and August 3, 2020, it was determined that suitable habitat for this species is not present within the study area. Additionally, no individuals were identified during the surveys. Additionally, a review of the July 2020 NCNHP dataset indicates no known occurrences in or within 1.0 mile of the study area. Due to lack of habitat, individuals, and no known occurrences, the Biological Conclusion for this species is No Effect. 4.2 Bald and Golden Eagle Protection Act The bald eagle is protected under the Bald and Golden Eagle Protection Act and enforced by the USFWS. Habitat for the bald eagle primarily consists of mature forests in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius of the project limits, was performed on February 24, 2020 using the most recently available orthoimagery. No water body large enough or sufficiently open to be considered a potential feeding source was identified. Since there is no potential foraging habitat within the review area, a survey of the project study area and the area within 660 feet of the project limits was not conducted. A review of the July 2020 NCNHP dataset revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the lack of no known occurrences, individuals, nests, and minimal impact anticipated for this project, it has been determined that this project will not affect this species. 5.0 WATER RESOURCES AND REGULATORY CONSIDERATIONS 5.1 Water Resources Water resources in the study area are part of the Cape Fear River Basin (United States Geological Survey [USGS] Hydrologic Unit [HUC] 03030002]. Three potential streams were identified in the study area (Table 3). The location of these streams is shown on Figure 3. Table 3. Potential jurisdictional streams in the study area Stream Name Map ID NCDWR Index Number Best Usage Classification Bank Height (ft.) Bankfull width (ft.) Depth (in.) North Buffalo Creek North Buffalo Creek 16-11-14-1 WS-V; NSW 8-10 15-30 0-36 6 September 2020 Species, Community, Buffer, and Water Resources City of Greensboro, Guilford County, N.C. Table 3. Potential jurisdictional streams in the study area (continued) Stream Name Map ID NCDWR Index Number Best Usage Classification Bank Height (ft.) Bankfull width (ft.) Depth (in.) Unnamed SA 16-11-14-1 WS-V; NSW 3-5 4-6 0-8 tributary (UT) to North Buffalo Creek Lake Hamilton, Lake Euphemia SB 16-11-14-1-1 WS-V; NSW 4-6 15-25 0-12 There are no designated Outstanding Resource Waters (ORW), High Quality Waters (HQW), or water supply watersheds (WS-I or WS-II) in or within 1.0 mile downstream of the study area. The North Carolina 2018 Final 303(d) list of impaired waters identifies North Buffalo Creek within the study area as impaired. North Buffalo Creek is listed for Benthos (Nar, AL, FW; Assessment Unit No. 16-11-14-1a1). No potential surface waters (i.e. ponds, basins, or tributaries) were identified within the study area. 5.2 Clean Water Act Waters of the U.S. Three potential jurisdictional streams were identified in the study area (Table 4). The location of each stream is shown on Figure 3. The potential jurisdictional streams have been designated as warm water streams for the purposes of stream mitigation. Table 4. Characteristics of potential jurisdictional streams in the study area Map ID Length (ft.) Classification Compensatory Mitigation Required River Basin Buffer North Buffalo Creek 2,213 Perennial Yes Subject SA 31 Perennial Yes Subject SB 56 Perennial Yes Subject Total 2,300 No potential jurisdictional wetlands were identified within the study area. 7 September 2020 Species, Community, Buffer, and Water Resources City of Greensboro, Guilford County, N.C. 5.3 Construction Moratoria No moratoria are anticipated for this project. 5.4 N.C. River Basin Buffer Rules Streamside riparian zones within the project vicinity are protected under provisions of the Jordan Lake Water Supply Watershed Riparian Buffer Rules administered by NCDWR. Streams subject to these rules are indicated in Table 4. 5.5 Rivers and Harbors Act Section 10 Navigable Waters No USACE-designated Navigable Waters under Section 10 of the Rivers and Harbors Act are associated with the project. 8 September 2020 Species, Community, Buffer, and Water Resources City of Greensboro, Guilford County, N.C. 6.0 REFERENCES Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station. Vicksburg, Mississippi. Environmental Laboratory. 1992. Clarification and Interpretation of the 1987 Manual, memorandum from Major General Arthur E. Williams. North Carolina Department of Environmental Quality (NCDEQ) - Division of Water Resources. 2019. Final 2018 North Carolina 303(d) List. https://deq.nc.gov/about/divi si ons/water-resources/planning/modeling- assessment/water-quality-data-assessment/integrated-report-files. North Carolina Natural Heritage Program (NCNHP). Natural Heritage Data Explorer, July 2020 quarterly dataset [Web Application]. NCDNCR, Raleigh, NC. http://ncnhde.natureserve.org. (Reviewed August 31, 2020). North Carolina Stream Functional Assessment Team. North Carolina Stream Assessment Method (NCSAM) User Manual [Version 2.1]. Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina: Fourth Approximation. North Carolina Natural Heritage Program, North Carolina Depailiuent of Environmental Quality (NCDEQ). Raleigh, North Carolina. 208 pp. United States Army Corps of Engineers. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0, ed. J. F. Berkowitz, J. S. Wakeley, R. W. Lichvar, C. V. Noble. ERDC/EL TR-12-9. Vicksburg, MS: U.S. Army Engineer Research and Development Center. United States Department of Agriculture (USDA), Natural Resources Conservation Service. 2018. Field Indicators of Hydric Soils in the United States, Version 8.2. L.M. Vasilas, G.W. Hurt, and J.F. Berkowitz (eds.). USDA, NRCS, in cooperation with the National Technical Committee for Hydric Soils. United States Depailiuent of Agriculture (USDA), Natural Resources Conservation Service (MRCS). Plants Database (Web Application). https://plants.usda.gov/java/. United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS). 1977. Soil Survey of Guilford County, North Carolina. United States Fish and Wildlife Service (USFWS). 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant Species. https://www.fws.gov/raleigh/pdfs/Optimal Survey Windows for listed plants.p df. 9 September 2020 Species, Community, Buffer, and Water Resources City of Greensboro, Guilford County, N.C. United States Fish and Wildlife Service (USFWS). Threatened and Endangered Species in North Carolina: Guilford County. Updated July 17, 2020. https://www.fws.gov/raleigh/speci es/cntyli st/guilford.html. United States Fish and Wildlife Service (USFWS) Asheville Ecological Services Field Office. Schweinitz's sunflower (Helianthus schweinitzii). https://www.fws.gov/asheville/htmis/listed species/Schweinitzs_sunflower.html United States Fish and Wildlife Service (USFWS) Asheville Ecological Services Field Office. Small -whorled pogonia (Isotria medeoloides). https://www.fws.gov/asheville/htmis/listed species/Small whorled pogonia.html United States Fish and Wildlife Service (USFWS) Environmental Conservation Online System (ECOS). Atlantic pigtoe (Fusconaia masoni). https://ecos.fws.gov/ecp0/profile/speciesProfile?sId=5164. United States Fish and Wildlife Service (USFWS) Migratory Bird Program. Bald & Golden Eagle Information. https://www.fws.gov/birds/management/managed- speci es/bald-and-golden-eagle-informati on.php United States Fish and Wildlife Service (USFWS) Raleigh Ecological Services Field Office. Cape Fear Shiner (Notropis mekistocholas). https://www.fws.gov/raleigh/species/escapefear shiner.html. United States Fish and Wildlife Service (USFWS) Raleigh Ecological Services Field Office. Roanoke logperch (Percina rex). https://www.fws.gov/raleigh/species/es roanoke logperch.html. United States Geological Survey (USGS). 2019. Greensboro, North Carolina, Topographic Quadrangle (7.5-minute series). Weakley, Alan S. (Working Draft) 2015. Flora of the Southern and Mid -Atlantic States. University of North Carolina Herbarium (NCU), North Carolina Botanical Garden. Chapel Hill, NC. 1,320 pp. 10 September 2020 Appendix A Figures / us zg �.., ri Green�on .24 �5r i 1 � 8 f OpenStreetMap (and) contributors, Cc -BY -SA Legend Greensboro Arboretum PSA Streets N EER0 IffOrf Prepared For: r L J GREENSBORO Greensboro Arboretum Stream Restoration Project Project Vicinity Map Guilford County, North Carolina Date: August 2020 Scale: 0 100 200 Ft I i � Job No.: 20-613 Drawn By: Checked By: NDH JSM Figure Legend N _ Greensboro Arboretum PSA ARDALE � RMOUN� Streets S�(P �� --�, ii -u • MPNOR c=n y 2 y, No% if`. -A �� JtGQ PGE . Y cc - m RM\� ► V .vi 1:. J 0. O HE 020i PARKWOODor CAMDEN Ste. 0 \, FRY J fc. [ II Ei • CC w f- V49. 7fflea a WRIGHT .5fk..J., ..Su... -. WdkbrAve w U) w 00 WALKER PARK *a4ller a J w Q- - %ilk01Avr , �� .'.. II o gtai�,s umap iginro 1 , I I0UPIIP41 a a is _ lia 1■a ■ • w !. r 0 tit 5 , BEECHWOOD Z L Lindley Park ? O z SRO JO _ f• Sources: Esri, HERE, Garmin, Intermap, incremeint P Corp., GEBCO, USG'', GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri Chi n % © OpenStreetMap contributors, and the GIS Useflr Community ; FAO, NPS, NRCAN, a (Hong Kong), swisstopoi 61HEER/ �� y� Ado,- t ti V g �•r'in30'*\ Prepared For:Date: rir- IL ADrawn GREEN5BOR0 Greensboro Arboretum Stream Restoration Project Topographic Map Guilford County, North Carolina August 2020 Figure Scale: 0 150 300 Ft I f I Job No.: 20-6132 By: NDH Checked By: JSM Legend ,, ,, Y, r N Greensboro Arboretum PSA �""North Buffalo Creek ' � .� ;. Streets ` } I JGreensboro Potential — Arboretum 50' Stream Buffers Non -wetland WOUS (Stream) Culvert r e : , �, •,_ �---ter •`,, l SB < ir •,,; }+Tr. x; - f Perennial ti ti r.. •North Buffalo Creek �7 / ', _ North Buffalo Creek 4.'1k'% I ri t,. - 'yam-�i,�4+:..-n.. �. .�.+1' .. F�+ r.. ,1 • ..m SA ._. .' 5. _ -ice .1 .. _ ... - :ry!G a wily 1 S "rk i4: � t n iir ` T $.. ..L. Rom. _z z� -.. irr �,�t1EERi �c� yC f, solitStream a '* 4330• Prepared For: GREENSBORO Greensboro Arboretum Restoration Project Jurisdictional Resources Map Guilford County, North Carolina Date: August 2020 g Figure 3 Scale: 0 100 200 Ft Job No.. 20-613 Drawn By: NDH Checked By: JSM --! -P Legend N Greensboro Arboretum PSA A North Buffalo Creek Streets L--- I Greensboro Arboretum 50' Stream Buffers Potential Non -wetland WOUS (Stream) i Culvert SB % Perennial Greensboro Arboretum Natural Communities -/ Maintained/Disturbed North'Buffalo Creek ir4liktiiiiiiWv ,. ,, /7- rill- .._..„, , . y ' '' North Buffalo Creek ,%/ r / 4 SA / ; / 'irk ,-_ d .1 i _ 7 f i ' L 4 Y Y. N. �. _•' G;- :Ifation=& Agitrs O1iEfAj4.6, 1.411;410 �` ..; 9��d3311►`3V Prepared For: L._ _A GREENSBORO Greensboro Arboretum Stream Restoration Project Terrestrial Communities Map4 Guilford County, North Carolina Date: August 2020 Figure Scale: 0 100 200 Ft I 1 I Job No.: 20-613 Drawn NDH Checked By: JSM Legend,.;, i r,r 1A L S^ N Greensboro Arboretum PSA North Buffalo Creek �QFF J i I_____!Greensboro Greensboro Streetse. Arboretum 50' Stream Buffer Arboretum Stream Buffer Composition f e. Herbaceous/Early successional SB * Maintained/Landscaped �. - ` ' - Wooded � ���, North Buffalo Creek Potential Non -wetland WOUS (Stream) N' - r Culvert r .., E f. Perennial r , a,z. North Buffalo Creek0( • • „174 - f= _" NC C "t .— .©PG=oc ' jGii ,Information & s531tiEfR/416, 4' ] , A co�,, e `; Q r Prepared For: J'�H�d�33H'*\ GREENSBORO Greensboro Arboretum Stream Restoration Project Riparian Buffer Composition Map Guilford County, North Carolina Date: August 2020 Figure 5 Scale:0 100 200 Ft I i I Job No.: 20-613 Drawn By: NDH Checked By: JSM DWR Pre -Filing Meeting Request Form Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* James Mason james.mason@threeoaksengineering.com City of Greensboro Greensboro Arboretum Stream Restoration Project Guilford Street Address 2602 S. Elm -Eugene St Address Line 2 City State / Rovince / Region Greensboro North Carolina Fbstal / Zip Code Country 27406 United States Is this a transportation project?* r Yes c: No Type(s) of approval sought from the DWR: rJ 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#?* (' Yes c: 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 and include location information.* The City of Greensboro, North Carolina (the "City"), Department of Water Resources, proposes the restoration of approximately 2,200 linear feet of North Buffalo Creek and adjacent riparian areas within the approximate existing location of the stream. This project will include restoration, stabilization, or enhancement of the stream, or a combination of these activities. The restoration will occur within the Greensboro Arboretum, located at 401 Ashland Drive in Greensboro. Please give a couple of dates you are available for a meeting. 4/16/2021 4/23/2021 Please attach the documentation you would like to have the meeting about. 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 * adaw Submittal Date 4/7/2021 Jim Mason From: laserfiche@ncdenr.gov Sent: Saturday, May 8, 2021 12:01 AM To: Jim Mason Cc: sue.homewood@ncdenr.gov Subject: Pre -Filing Time Clock has been reached for Greensboro Arboretum Stream Restoration Project - 20210709 Ver 1 Attachments: DWR Pre -Filing Meeting Request Form.pdf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Greensboro Arboretum Stream Restoration Project that you submitted on 4/7/2021. The ID number for that project is 20210709, Version 1. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. Internal Use only: Non Transportation i