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HomeMy WebLinkAbout20130428 Ver 1_401 Application_20130413Moores Creek Environmental & Natural Resources, LLC 750 Moores Creek Road Lexington, Virginia 24450 2 0 1 3 0 4 2 8 540 - 319 -9044 April 18, 2013 Ms. Karen Higgins w North Carolina Division of Water Quali4 NC DWQ, WBSCP Unit SF&ID 512 North Salisbury Street Raleigh, North Carolina 27604 Q s Reference: Request for 401 Water Quality Certification Hiller - Keziah Family LLC Stream Restoration D § \Y" South Church Street at University Drive Burlington, Alamance County, North Carolina Moores Creek Project 2013 -1 [APR 26113 Dear Ms. Higgins: On behalf of Hillier - Keziah Family LLC, Moores Creek Environmental & Natural Resources, LLC (Moores Creek) is submitting this request for a 401 Water Quality Certification for stream and wetlands restoration under a NWP 27. The restoration will be conducted in association with the removal of several man -made water impoundment and control structures on a parcel of land located at the corner of South Church St. and University Drive in Burlington, North Carolina. Based on The Final Notice published in the Federal Register / Vol. 77, No. 34 / on Tuesday, February 21, 2012, NWP 27 is the appropriate permit to authorize this activity. The subject site contains an array of un- maintained and failing water control structures which include: an approximately 200 foot long and 12' high earthen dam; two smaller earthen dams /berms with concrete control weirs; a man -made, by -pass stormwater ditch approximately 550 feet in length; and, an approximate 250 foot long spillway that carries the 'by -pass' stormwater across the lower main earthen dam Safety inspections of the property indicate that the spillway channel is undergoing an accelerated process of subsurface piping that will likely lead to failure of the earthen dam (see attached materials). Expedient actions are needed to decommission the spillway along with a breach of all impoundment structures. Both municipal stormwater (City of Burlington) and North Carolina Dam Safety officials have been briefed on site conditions. The site owners are seeking a nationwide permit in order to move expediently forward with the remedial /restoration plans for the site. As background, after the passing away of the long term owner and resident, the site was tied up in estate matters without clear authorization or the resources needed to address the deficiencies associated with the dam and impoundments. Now that those matters have been resolved, the owners seek to quickly move forward to remove risks to life and property through the restoration the original hydrology of the site. The most practical solution, consistent with the urgent needs of the project, as well as constraints arising from the new Lake Jordan Buffer Rules, is to decommission all man -made structures and restore the original stream and valley runoff relationships. Engineering and regulatory constraints make it imperative that, when the main dam is breached, the existing spillway be abandoned so that all storm water can be safely Request for 401 Water Quality Certification Hiller - Keziah Family LLC Stream Restoration Burlington, Mamance County, North Carolina conveyed through two engineered breach zones on the upper and lower main impoundment structures. An engineered restored stream channel is needed to responsibly convey waters across the property. This approach insures the protection of downstream waters and wetlands from the potential erosion and wash out of the old pond bottom sediment. It also protects existing wetlands on the tract and provides the appropriate means for spring fed groundwater base flow contributions to supplement and sustain stream hydrology. It should also be noted that the proposed voluntary managed stream restoration approach follows the recommended interagency protocols for small dam removals in North Carolina as outlined by the U.S. rmy Corps of Engineers Office in Wilmington. The proposed project entails a full restoration of the stream and valley bottom hydrology to conditions that existed prior to the creation of the impoundments and dams around 1943. The attached detailed restoration plan illustrates broad increases in both stream and wetlands resources. The increases include both functional value and quantity as measured by standard objective parameters. All actions proposed follow the Interagency Guidelines for Stream Restoration in North Carolina and incorporate reporting, monitoring, and contingency obligations with an array of perform2 ante -based success criteria. It is our hope to take preventative actions following the review of this application by early March or April. Delays in beginning this restoration could have serious public consequences. The jurisdictional areas were delineated by ECS in April 2008. Mr. Andy Williams with the U.S. Army Corps of Engineers verified the delineation on April 2, 2008. Ms. Sue Homewood with NCDWQ visited the site on April 17, 2008. Additional information concerning the proposed project is contained in the attached PCN application and restoration plan. Please feel free to contact me at (540) 319 -9044 or via email at deeneasOgmail.com if you have questions concerning this information. Sincerely, Creek Environmental & Natural Resources, LLC Wise Pffl. Neas, LSS, PWS Principal Attachments $570 Water Quality Certification Fee 2 AGEM AUTHORIZATION This form auttwriM Moores Creek Envrionmental & Natural Resources, LLC to act as agent in *earn and wetland matters ftkKfing U.S. Army Corps of Engineers and North Carolina Division of Water Quality fief! verification and permit application. Project Name (if applicable) and Property Address: fff //fo �le 7-1 a yvc c r'"• {•'l.� Owner Information Name: flu -'th 57`• ;. Uh i yerrSY).r R . Telephone Number Fax Number 4 • C Ottif E-mail Address: Date _ L ` I Q-1 7-o w6" if YVIA4i 67kt. ce rk 0-eas-er or rt s u.L TzG "1 fi �f 7hR -o• o w K a�cl r{ ss berl(Se Neas U 0 r e Cfe e. L &v,- r o m-e n-0 �00(5-p- creed- Pj- LA ��5" IV 4, dq' SD r� `O�QF W a 7-F9p� > r O � t Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 27 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? Yes No 1 d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification – Regular Non -404 Jurisdictional General Permit 401 Water Quality Certification – Express Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: Yes No If. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. Yes No —' 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. Yes No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes –No. 2. Project Information 2a. Name of project: illier- Keziah Family LLC Stream Restoration 2b. County: klamance 2c. Nearest municipality/ town: Burlington 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Hillier Keziah Family LLC 3b. Deed Book and Page No. Dd Bk 2962 Dd Pg 0603 3c. Responsible Party (for LLC if applicable): Anne Hillier, Manager 3d. Street address: P.O. Box 235 3e. City, state, zip: Dozier, Alabama 36028 3f. Telephone no.: 86- 931-4356 3g. Fax no.: 3h. Email address: Gerry Turf Hort@aol.com Page 1 of 10 PCN Form – Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. AgentlConsultant Information (if applicable) 5a. Name: Denise M. Neas 5b. Business name (if applicable): Moores Creek Environmental & Natural Resources, LLC 5c. Street address: 750 Moores Creek Road 5d. City, state, zip: Lexington, Virginia 5e. Telephone no.: 40 -319 -9044 5f. Fax no.: 5g. Email address: eeneas@gmail.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): Parcel ID #8844486139 DB 422, PG 77 1 b. Site coordinates (in decimal degrees): T Latitude: 36.079575 Longitude: 79.525 1 c. Property size: 10.25 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Michaels Branch /Back Creek 2b. Water Quality Classification of nearest receiving water: Class WS -V; NSW 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Two man -made ponds (an upper pond and a lower pond), formerly used for recreation, and a man-made diversion itch are present on the site. The upper and lower ponds are approximatley 0.903 and 2.869 acres in area, respectively. The site is bounded on the west by University Drive and on the north by South Church Street. The area surrounding the site is developed with a retail shopping center, residences and a medical office. 3b. List the total estimated acreage of all existing wetlands on the property: - 0.57 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Currently, there are - 250 linear feet of a degraded gully; - 550 linear feet of man -made diversion ditch; and, - 272 linear feet of culverted stream channel on the site. Page 3of10 PCN Form - Version 1.4 January 2009 d. Explain the purpose of the proposed project: The site and its aquatic resources have been degraded by two poorly designed and maintained earthen impoundments an an inappropriately located man -made diversion ditch. The dams and man -made diversion ditch were constructed approximately 70 years ago. Prior to that time an unnamed tributary to Michaels Branch/Back Creek crossed the site. Both he dams and the diviersion ditch pose considerable safety concerns. The main dam on the lower pond impound approximately 20 acre feet of water and has an approximately 14 foot head. This dam is located approximately 140 feel upstream of the heavily traveled University Drive. In the event of a dam failure, there is a risk that University Drive will be overtopped. The man -made diversion ditch abuts the northern side of the lower pond. This ditch contains water that flows from east to est. The dirversion ditch discharges into a degraded gully on the western side of the property. The diversion ditch convey water from the upstream dam impoundment around the downstream pond and dam along the right side of the downstream pond. The ditch's right bank (looking upstream) serves as a dam since the water level is approximately four to nine fee higher on the pond side than on the diversion ditch side of the embankment. The location of the manmade diversion ditch is undeseriable since flow along the base of an earthen embankment can erode the toe of the embankment. Erosion has already occrred along the toe of both earthern embankments. This can cause instability of the downstream slope which can lead to failure of the embankment. The ditch is a low quality, man -made perennial feature with little aquatic value. The purpose of the project is 1) to permanently resolve the safety issues associated with the earthen impoundments and the man -made diversion ditch and 2) to restore to a natural watershed condtion approximatley 1,400 linear feet of an unnamed ributary to Michaels Branch/Back Creek. To facilitate this restoration, the dams, approximately 272 linear feet of culvert, 240 feet of open pond 'plug flow', 550 feet of man -made diversion ditch and 250 feet of an unstable, eroding gully will be replaced by a naturally- meandered stream. Conservation buffers will be established along the restored stram channel to provide water quality improvements and protections consistent with the City of Burlington Riparian Buffer Ordinance. In addition, the project includes the creation, restoration and enhancement of approximatley 0.84 acres of riparian wetlands on the easier portion of the site. This will result in an approximate 30% increase in wetlands. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will 1) permanently resolve the safety issues associated with the earthen impoundments and the man -mad diversion ditch, and 2) restore to a natural watershed condtion approximatley 1,400 linear feet of an unnamed tributary t Back Creek. The dams, approximately 272 linear feet of culvert, 240 feet of open pond 'plug flow', 550 feet of man -mad diversion ditch and 240 feet of an unstable, eroding gully will be replaced by a naturally - meandered stream. Conservatio buffers will be established along the restored stream channel to provide water quality improvements and protection consistent with the City of Burlington Riparian Buffer Ordinance. In addition, the project includes the creation, restoratio and enhancement of approximatley 0.84 acres of riparian wetlands on the eastern portion of the site. This will result in a approximate 30% increase in wetlands. Graders, loaders, trackhoes, trucks, excavators, etc. will be used to remove the dams, grade the site and construct the stream channel. The stream and wetland restoration is described in detail in the Stream Restoration Plan prepared by HARP. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Yes No Unknown Corps or State been requested or obtained for this property / Comments: project (including all prior phases) in the past? The jurisdictional areas were delineated by ECS in Apri 2008. Mr. Andy Williams with the U.S. Army Corps o Engineers verified the delineation on April 2, 2008. Ms. Su Homewood with NCDWQ visited the site on April 17, 2008. 4b. If the Corps made the jurisdictional determination, what type preliminary. Final of determination was made? A written JD was not issued by the U.S. Army Corps of Engineers. 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): ECS Carolinas, LLP Michael T. Brame Other: NA Page 4 of 10 PCN Form — Version 1.4 January 2009 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Mr. Andy Williams - U.S. Army Corps of Engineers - April 2, 2008; Ms. Sue Homewood - NCDWQ - April 17, 2008. A written JID was not issued by the U.S. Army Corps of Engineers. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes No Unknown -- 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? Yes Ng, 6b. If yes, explain. Page 5 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): Wetlands Streams — tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Area Wetland impact Type of impact Type of wetland Forested Type of jurisdiction of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 W2 W3 W4 W5 W6 2g. Total Wetland Impacts: 2h. Comments: This is a stream restoration project. The project will increase the quantity and quality of wetlands on the site This will result in an uplift in aquatic function and improved water quality on, and downstream of, the site. Please refer t the Stream Restoration Plan prepared by HARP. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 3i. Comments: A man -made diversion ditch and an erosion gully are present on the site. The diversion ditch/gully were constructed on the site in conjunction with the creation of two man -made ponds approximatley 70 years ago. The ponds were created fo recreational purposes. The diversion ditch and erosion gully will be restored to their natural positon and conditon. This restoration will result in an uplift in aquatic function and improved water quality on, and downstream of, the site. For details please refer to the Stream Restoration Plan prepared by HARP. Page 6 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 02 03 04 4f. Total open water impacts 4g. Comments: Two man -made ponds were constructed on the site approximatley 70 years ago for recreational purposes. Dam removal will precede restoration of the area to a naturally- meandered stream condition. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 P2 5f. Total: 5g. Comments: Neither ponds nor lakes will be constructed as part of this project. 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, th en you MUST fill out Section D of this form. 6a. Project is in which protected basin? Neuse Tar - Pamlico Catawba Randleman Other: Jordan 6b. Buffer Impact number— Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 B2 B3 B4 B5 B6 6h. Total Buffer Impacts: 6i. Comments: Since this is a stream restoration, the project is exempt from the City of Burlington Riparian Buffer Protection Ordinance. However, buffers will be established and maintained along the restored stream channel in general accordance with the Ordinance. Details of the proposed buffers are summarized in the Stream Restoration Plan prepared by HARP. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. This is a stream restoration project. There are no impacts associated with the project. Instead, the project will result in an uplift in aquatic value. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If yes, mitigation is required by (check all that apply): DWQ Corps 2c. If yes, which mitigation option will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Not Applicable 3b. Credits Purchased (attach receipt and letter) Type: Type: Type: Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. No 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: S. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes No buffer mitigation? ---- 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Since this is a stream restoration, the project is exempt from the City of Burlington Riparian Buffer Protectio Ordinance. However, buffers will be established and maintained along the restored stream channel in general accordance with the Ordinance. Details of the proposed buffers are summarized in the Stream Restoration Plan prepared by HARP. Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified Yes No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. This is a stream restoration project. Impervious surfaces will not be created. Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? Yes 11P. 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is a stream restoration project. Impervious surfaces will not be created. Therefore, a stormwater management plan is not required. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local governments jurisdiction is this roject? City of Burlington Phase II 3b. Which of the following locally4mplemented stormwater management programs NSW USMP apply (check all that apply): This is a stream restoration project. Water Supply Watershed Impervious surfaces will not be created. Therefore, a stormwater Other: management plan is not required. 3c. Has the approved Stormwater Management Plan with proof of approval been Yes No NA attached? 4. DWQ Stormwater Program Review Coastal counties HQW 4a. Which of the following state - implemented stormwater management programs apply ORW (check all that apply): Session Law 2006 -246 Other: NA 4b. Has the approved Stormwater Management Plan with proof of approval been Yes No NA attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No NA 5b. Have all of the 401 Unit submittal requirements been met? Yes No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state /local) funds or the Yes No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State Yes No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Yes No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, Yes No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? Yes No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in Yes No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This is a stream restoration project. This project will not adversely impact downstream water quality. Instead, it will increase the aquatic value of the site and the downstream waters. This uplift in aquatic value is detailed in the Stream Restoration Plan. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Since this is a stream restoration project and not one associated with development, sewage will not be created. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes No habitat? _2 . 5b. Have you checked with the USFWS concerning Endangered Species Act Yes No impacts? See 5d Below. 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? U.S. Fish & Wildlife Service list of threatened and endangered species in Alamance County, North Carolina. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NCDENR has designated the watershed that includes the site as Class WS V; NSW. The endangered species list doe not identify protected fish species that inhabit waterbodies at or near the site. The site currently contains two man -mad ponds and a manmade diversion ditch. There are no naturally occuring, high quality waters present on the site. Based or our knowledge of the site, the project does not occur in, or near, an area designated as essential fish habitat. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation Yes No status (e.g., National Historic Trust designation or properties significant in --� North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The majority of the site contains two manmade ponds and a man -made diversion ditch that were constructs approximately 70 years ago. ECS has visited the site many times. We have not observed historic structures arrowheads or other artifacts on the site during our visits. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: The western portion of the site, along the tributary to Michaels Branch /Back Creek, is located in the 100 -year floodplain According to officials with the City of Burlington, the FEMA floodplain is being remapped in this area. Upon completion o the mapping, FEMA related concerns related to this restoration effort, if any, will be modeled and resolved prior to beginnin construction. No significant changes in floodplain storage or floodway conveyance regulated by FEMA are anticipated. Thi project does not create impervious surfaces. Details are included in the Stream Restoration Plan prepared by HARP. 8c. What source(s) did you use to make the floodplain determination? FEMA website and information provided by City of Burlington officials. Ed (SE M- N E/tS do � Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's Date �_- signature is va=MV if an authorization letter from the applicant is provided.) Page 10 of 10 MIL I h t � "ta*"ante Mc R. Park �i R 1 ti N "Y- £ SOURCE. s USGS TOPOGRAPHIC MAP GIBSONVILLE, NORTH CAROLINA QUADRANGLE DATED 1970, REVISED 1994 SCALE: 1"=2,000' r 1 l� l a St NxrkA Ch ., Pare _ k � •1 1 FIGURE 1 SITE LOCATION MAP HILLIER - KEZIAH FAMILY ffiLLP STREAM RESTORATION CHURCH STREET /UNIVERSITY DRIVE a BURLINGTON, NORTH CAROLINA �; [ MIA-1181 ECS PROJECT NO. 09.15848 77 �N� I � t f MIL I h t � "ta*"ante Mc R. Park �i R 1 ti N "Y- £ SOURCE. s USGS TOPOGRAPHIC MAP GIBSONVILLE, NORTH CAROLINA QUADRANGLE DATED 1970, REVISED 1994 SCALE: 1"=2,000' r 1 l� l a St NxrkA Ch ., Pare _ k � •1 1 FIGURE 1 SITE LOCATION MAP HILLIER - KEZIAH FAMILY ffiLLP STREAM RESTORATION CHURCH STREET /UNIVERSITY DRIVE a BURLINGTON, NORTH CAROLINA �; [ MIA-1181 ECS PROJECT NO. 09.15848 IL /. i. 1,ov cbR2 NA-- \AM • .,LbS -A A, Wd IdU2 X1 - ON C L EGE MoB wd. -b ,.qhure 1b62 ELON' OLL V 'I Lbs b �,c BY Ll I 41 Wd LLE ? MU_. \, I — - CiC2 Rb / — - T Ad( . Tes mb k ar 1..y,(5�r' ...f1 �t , ! 11_ .. ��'.. -�n� ^'%:'.q? A(V Al :� %! #1s. ��� ' \ I;: i�, I d U-U' i Cb 4E 2 ct SITE 't (141, JW3 3 juL G3 U lib J77. Wd AdB k A- 4M, LL t3 51;�424, ms r 10? 14 L SOURCE: FIGURE 2 A 1 .7741 s USDA SOIL SURVEY OF SOIL MAP ALAMANCE COUNTY HILLIER-KEZIAH FAMILY SHEET NO. 13 UP STREAM RESTORATION ISSUED APRIL 1960 CHURCH STREET/UNIVERSITY DRIVE BURLINGTON, NORTH CAROLINA NOT TO SCALE CAFMW ECS PROJECT NO. 09.15848 THE STREAM/WETLAND/POND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS AND VERIFIED BY THE U.S. ARMY CORPS OF ENGINEERS ON APRIL 2, 2008 AND BY THE NCDWQ ON APRIL 17, 2008. Legend le � Approximate Location of Stream qlwl� Approximate Location of Wetland q111111► Approximate Location of Pond DP 1 O Approximate Location of Data. Point ,b " ECF SOURCE: AERIAL PHOTOGRAPH FROM ALAMANCE COUNTY GIS WEBSITE AND FIELD NOTES PREPARED BY ECS PERSONNEL NOT TO SCALE EULLP CAROLINAS FIGURE 3 STREAM /POND/WETLAND LOCATION MAP HILLIER- KEZIAH FAMILY STREAM RESTORATION CHURCH STREET /UNIVERSITY DRIVE BURLINGTON, NORTH CAROLINA ECS PROJECT NO. 09.15848 THE STREAM/WETLAND /POND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS AND VERIFIED BY THE U.S. ARMY CORPS OF ENGINEERS ON APRIL 2, 2008 AND BY THE NCDWQ ON APRIL 17, 2008. I SB 1 -22 1 WBA 1 -5 I PA 1 -53 1 I PAA 1 -25 1 Legend I SA 1 -6 1 WA 1 -12 1 01 � Approximate Location of Stream ® Approximate Location of Wetland qvmho� Approximate Location of Pond SB 1 -30 Flag Number/Location SOURCE: AERIAL PHOTOGRAPH FROM THE ALAMANCE COUNTY GIS WEBSITE AND FIELD NOTES PREPARED BY ECS PERSONNEL NOT TO SCALE 4- Flag Information ® Stream /Pond Flag Wetland Flag Stream Flags = 28 Pond Flags = 78 Wetland Flags = 20 Total Flags =126 FIGURE 4 STREAM /POND/WETLAND FLAG LOCATION MAP HILLIER- KEZIAH FAMILY STREAM RESTORATION CHURCH STREET /UNIVERSITY DRIVE BURLINGTON, NORTH CAROLINA ECS PROJECT NO. 09.15848 . DATA FORM ' ROUTINE WETLAND DETERMINATION OBL 1987 COE Wetlands Delineation Manual ❑ Aerial Photographs Project/Site: Hillier -Keziah Family Stream Restoration Project No: Date: April 11, 2008 Applicant/Owner: Hillier- Keziah Family, LLC ❑ Water Marks County: Alamance Investigators: ECS Carolinas, LLP 09 -15848 State: North Carolina Field Observations ❑ Drainage Patterns in Wetlands Plot ID: DP -1 Do Normal Circumstances exist on the site? HYes W N o Community ID: Overgrown Field Is the site significantly disturbed (Atypical Situation:)? Yes No Transect ID: Is the area a potential Problem Area? []Yes ® No Field Location: View Figure 3 (If needed, explain on the reverse side) VEGETATION Dominant Plant Species (Latin/Common) Stratum Indicator Plant Species (Latin/Common) Stratum Indicator Salix nigra Black willow Sap OBL Alnus serrulata Brnnk -side alder San FACW+ Juncus roemeranus Herb OBL Primary Indicators ❑ Aerial Photographs ❑ Inundated Needlegrass rush ® Saturated in Upper 12 Inches Percent of Dominant Species that are OBL, FACW or FAC: 100% FAC Neutral: 100% (excluding FAC -) I Numeric Index: Remarks. The dominant vegetation is HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators ❑ Stream, Lake or Tide Gauge Primary Indicators ❑ Aerial Photographs ❑ Inundated ❑ Other ® Saturated in Upper 12 Inches ❑ Water Marks ® No Recorded Data ❑ Drift Lines ❑ Sediment Deposits Field Observations ❑ Drainage Patterns in Wetlands Secondary Indicators Depth of Surface Water. 0" Oxidized Root Channels in Upper 12 Inches H Water - Stained Leaves Depth to Free Water in Pit: 2" ❑ Local Soil Survey Data ® FAC - Neutral Test Depth to Saturated Soil: 1" ❑ Other lain in Remarks) Remarks: Wetland hydrology indicators are present. (Wetform) Page 1 of 2 ' DATA FORM ROUTINE WETLAND DETERMINATION 1987 COE Wetlands Delineation Manual Project/Site: Hillier- Keziah Family Stream Restoration Project No: Date: April 11, 2008 Applicant/Owner. Hillier- Keziah Family, LLC County: Alamance Investigators: ECS Carolinas, LLP 09 -15848 State: North Carolina Plot ID: DP -1 Map Unit Name (Series and Phase): Worsham sandy loam Map Symbol: Wd Mapped Hydric Inclusion? ®Yes ❑ No Drainage Class: Poorly drained Taxonomy (Subgroup): Typic endoaquults Field Observations Confirm Mapped Type: ®Yes ❑ No Profile Description Depth Matrix Color Mottle Color Mottle inches Horizon unsell Moist unsell Moist Abundance/Contrast Texture, Concretions, Structure, etc. 0 -12" 2.5Y 4/2 10YR 5/6 20% Loam Hydric Soil Indicators: ❑ Histosol ❑ Concretions ❑ Histic Epipedon ❑ High Organic Content in Surface Layer in Sandy Soils ❑ Sulfidic Odor ❑ Organic Streaking in Sandy Soils ❑ Aquic Moisture Regime ❑ Listed on Local Hydric Soils List ❑ Reducing Conditions ❑ Listed on National Hydric Soils List ® Gle ed or Low Chroma Colors ❑ Other (Explain in Remarks) Remarks: Hydric soil indicators are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Myes LJ No Is the Sampling Point within the Wetland? XYes Wetland Hydrology Present? ®Yes ❑ No No 117 Hydric Soils Present? ®Yes ❑ No Remarks: The three wetland criteria are present. The sampling point is located within a wetland. (Wetform) Page 2 of 2 DATA FORM ' ROUTINE WETLAND DETERMINATION Indicator 1987 COE Wetlands Delineation Manual Stratum Project/Site: Hillier - Keziah Family Stream Restoration Project No: Date: April 11, 2008 Applicant/Owner: Hillier - Keziah Family, LLC ❑ County: Alamance Investigators: ECS Carolinas, LLP 09 -15848 State: North Carolina Rubus betulifolius Herb Plot ID: DP -2 Do Normal Circumstances exist on the site? Myes LJ No Community ID: Overgrown Field Is the site significantly disturbed (Atypical Situation:)? ❑Yes M No Transect ID: Is the area a potential Problem Area? ❑Yes ® No Field Location: View Figure 3 (If needed, explain on the reverse side) VEGETATION Dominant Plant Species (Latin/Common) Stratum Indicator Plant Species (Latin/Common) Stratum Indicator Festuca s . Herb FACU ❑ Aerial Photographs Fescue s . ❑ Rubus betulifolius Herb FAC Other Blackberry Saturated in Upper 12 Inches ❑ Water Marks ® No Recorded Data ❑ Drift Lines ❑ Sediment Deposits Field Observations ❑ Drainage Patterns in Wetlands Secondary Indicators Depth of Surface Water: 0" ❑ Oxidized Root Channels in Upper 12 Inches ❑ Water - Stained Leaves Depth to Free Water in Pit: >12" ❑ Local Soil Survey Data ❑ FAC - Neutral Test Depth to Saturated Soil: >12" n Other (Exulain in Remarks) Percent of Dominant Species that are OBL, FACW or FAC: 50% (excluding FAC -) FAC Neutral: Numeric Index: Remarks: 50% of the vegetation is hydrophytic. HYDROLOGY LJ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators ❑ Stream, Lake or Tide Gauge Primary Indicators ❑ Aerial Photographs ❑ Inundated ❑ Other ❑ Saturated in Upper 12 Inches ❑ Water Marks ® No Recorded Data ❑ Drift Lines ❑ Sediment Deposits Field Observations ❑ Drainage Patterns in Wetlands Secondary Indicators Depth of Surface Water: 0" ❑ Oxidized Root Channels in Upper 12 Inches ❑ Water - Stained Leaves Depth to Free Water in Pit: >12" ❑ Local Soil Survey Data ❑ FAC - Neutral Test Depth to Saturated Soil: >12" n Other (Exulain in Remarks) Remarks: Wetland hydrology indicators are not present. (Wetform) Page 1 of 2 ' DATA FORM ROUTINE WETLAND DETERMINATION 1987 COE Wetlands Delineation Manual Project/Site: Hillier - Keziah Family Stream Restoration Project No: Date: April 11, 2008 Applicant/Owner: Hillier - Keziah Family, LLC County: Alamance Investigators: ECS Carolinas, LLP 09 -15848 State: North Carolina Plot ID: DP -2 Map Unit Name (Series and Phase): Worsham sandy loam Map Symbol: Wd Mapped Hydric Inclusion? ®Yes ❑ No Drainage Class: Poorly drained Taxonomy (Subgroup): Typic endoaquults Field Observations Confirm Mapped Type: ❑Yes ® No Profile Description Depth Matrix Color Mottle Color Mottle inches Horizon (Mansell Moist unsell Moist AbundancelContrast Texture, Concretions, Structure etc. 0 -12" 10YR 4/4 0% Loam Hydric Soil Indicators: ❑ Histosol ❑ Concretions ❑ Histic Epipedon ❑ High Organic Content in Surface Layer in Sandy Soils ❑ Sulfidic Odor ❑ Organic Streaking in Sandy Soils ❑ Aquic Moisture Regime ❑ Listed on Local Hydric Soils List ❑ Reducing Conditions ❑ Listed on National Hydric Soils List ❑ Gleyed or Low Chroma Colors ❑ Other (Explain in Remarks) Remarks: 177 soil indicators are not present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Myes ® No Is the Sampling Point within the Wetland? UYes N Wetland Hydrology Present? ❑yam No No Hydric Soils Present? Flyes M No Remarks: Wetland hydrology and hydric soil indicators are not present. The sampling point is not located within a wetland. (Wetform) Page 2 of 2