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HomeMy WebLinkAbout20211113 Ver 1_ePCN Application_20210712DWR Dlrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20211113 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 'Information for Initial Review la. Name of project: Perth Court Storm Drainage Improvement Project la. Who is the Primary Contact?* Kristen O'Reilly 1b. Primary Contact Email:* Kristen.Oreilly@charlottenc.gov Date Submitted 7/12/2021 Nearest Body of Water Brier Creek Basin Catawba Water Classification C (11-137-8-2) Site Coordinates Latitude: Longitude: 35.244463-80.749791 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 1 What amout is owed?* r $240.00 IT $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (704)517-0814 Is this a courtesy copy notification?* r Yes r No ID# unknown (not provided) Pre -fling Meeting or Request Date 6/10/2021 Attach documentation of Pre -Filing Meeting Request here: pick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form.pdf File type rrust be FCF 1a. Type(s) of approval sought from the Corps: W 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?* r Yes IT No 1b. What type(s) of permit(s) do you wish to seek authorization? r Nationwide Permit (NWP) W Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? IT Yes r No Regional General Permit (RGP) Number: RGP Numbers (for multiple RGPS): 1d. Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification Version 201600163 — Charlotte Stormwater Services 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: 48.96KB r 401 Water Quality Certification - Egress r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Charlotte Storm Water Services (owner of storm drainage easements) 2b. Deed book and page no.: r Yes r No r Yes r No 2c. Contact Person: Kristen O'Reilly 2d.Address Street Address 600 East Fourth Street Address tine 2 (Sty State / Province / f3gion Charlotte NC Postal / Zip Code Country 28202 USA 2e. Telephone Number: 2f. Fax Number: (704)517-0814 2g. Email Address:* Kristen.Oreilly@charloftenc.gov 4. Agent/Consultant (if applicable) 4a. Name: D. David Homans 4b. Business Name: S&ME Inc. 4c.Address Street Address 9751 Southern Pine Blvd. Address Line 2 city State / Province / fkgion Charlotte NC Postal / Zip Code Country 28273 USA 4d. Telephone Number: 4e. Fax Number: (704)900-9394 4f. Email Address:* dhomans@smeinc.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Charlotte 2. Project Identification 2a. Property Identification Number: 2b. Property size: easements on 10701104 0.88 Acres 2c. Project Address Street Address Perth Court Address Une 2 City State / Province / ftion Charlotte NC Postal / Zip Code Country 28215 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Brier Creek 3b. Water Resources Classification of nearest receiving water:* C (11-137-8-2) 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501030102 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 current site is a straightened and riprap lined perennial channel that flows though a high density multifamily housing complex. At the cul-de-sac terminus of Perth Court, the channel flows through a 113 foot long 9.5"X6' arched corrugated metal culvert. Currently, the upstream portion of the channel and much of the downstream channel is filled with unconsolidated sediment, and the culvert is filled appro>mately 30 % With sediment. Substantial bank erosion and over -widening is present immediately upstream and downstream of the culvert, and significant flooding of residences has been occurring at adjacent residential buildings. Land use in the adjacent and upstream vicinity is made up largely of single-family and multi -family residential areas along With commercial facilities. See Site Photographs, Appendix II. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* C Yes r No r Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 960 4h. Explain the purpose of the proposed project:* The adjacent residences have experienced significant flooding. Current analysis indicates that, With the current channel sediment load, multiple adjacent properties are within the 2-year floodplain. Based on the proposed sediment removal plan, these properties Will no longer be in the 2-year floodplain and additional adjacent properties Will no longer be within the 10- year floodplain. Additionally, grade control structures (cross vanes) and bank reshaping will further stabilize the channel and prevent additional erosion and lessen flood risk. See Appendix VI for Technical Memo describing sediment transport and flooding. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will involve removal of in -channel sediment between 1 and 1.6 feet in depth along 442 linear feet (LF) of channel upstream of the Perth Court culvert and 509 LF of channel downstream of the culvert. Additionally, appropmately 1.5 feet of sediment will be removed from within the culvert. Four rock cross vanes and plunge pools will be installed in the channel for grade stability. A riprapped area below the culvert Will be repaired and the riprap will be refreshed (no additional riprap will be installed in the bed of the channel). Additionally, in two areas, channel banks will be reshaped to include floodprone bench areas, and these areas will be matted, live -staked, and seeded. See Appendix I for full design plans. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: See attached data forms in Appendix III 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r 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): Noah J. Meador Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* r Yes Charlotte Storm Water Services r No C 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 projector related activity? D. Proposed Impacts Inventory U 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name" 3e. Stream Type" 3f. Type of 3g. S. width 3h. Impact (?) Jurisdiction* i length* S1 sediment removal / channel Temporary Excavation Stream 1 Perennial Both 17 509 improvements, riprap repairs Average (feet) (lirrfeet) (downstream) S2 sediment removal / channel improvements (upstream) Temporary P Y Excavation Stream 1 Perennial Both 14 Average (feet) 442 (linearfeet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 31. Total stream and ditch impacts: 951 3j. Comments: See Figure 4A and 4B; See design plans, Appendix I 3i. Total temporary stream impacts: 951 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project was designed to maximize flood risk reduction while minimizing the disturbance to adjacent upland and stream areas. The project has been specifically designed to alleviate flood risks and improve channel conditions with the addition of more natural channel design elements (e.g. cross vane grade control, flood -prone benches, and live stake planting) into a system which has previously been highly modified and disturbed, while minimizing the addition of bank armoring. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During construction, appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used to minimize impacts to the stream. Moving temporary impervious dikes and a pump around along with a special stilling basin bag will be used so that work will occur "in -the -dry" and not release excessive sediment downstream of the working area. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Mitigation should not be required as temporary impacts will not result in the loss of channel bed; riprap is only being added in the locations of existing riprap fill, and removal of sediment in the channel is also only in locations of existing riprap fill. Modifications to the channel bed, the addition of floodplain benches and grade control structures, and plantings represent a potential ecological functional uplift for the channel. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The project is not located along a buffered channel (it is not along the main channel of the Catawba River) 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information u 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r 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 (NEPA/SEPA)? * r Yes r No Comments:* Project is a local storm drainage improvement project which does not require NEPA/SEPA review 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)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The purpose of this project is flooding abatement in existing development in a fully built out area; there is no potential for the project to lead to additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* C Yes r 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?' r Yes r No 51. 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See Appendix IV; A NCNHP review indicated that no known federally protected species were present within a one -mile radius of the project. A USFWS IPaC species list was generated; habitat for the listed plant species was not present at the site. IPaC review indicated that the project was consistent with the 4(d) rule for northern long eared bat. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* hftps://www.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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* State Historic Preservation Office Historic Properties Map indicated no known historic properties within a mile of the project site (see Appendix V). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA 100-year floodplains begin downstream of Milton Road- see FIRMETTE in Appendix VII Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. dick the upload button or drag and drop files here to attach docurrent PerthCourtPCNCoverLetterandAttachments.pdf 16.93MB File mist be FDF a K,& Comments See attached PCN summary and cover letter for further discussion. Signature * W 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: Kristen O'Reilly Signature Date 7/12/2021 PREPARED FOR: North Carolina Department of Environmental Quality 610 East Center Avenue, Suite 301 Mooresville, NC 28801 PREPARED BY S&ME, Inc. 9751 Southern Pine Blvd. Charlotte, NC 28115 July 10, 2021 July 10, 2021 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Attention: Crystal Amschler North Carolina Department of Environmental Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attention: Alan Johnson Reference: Pre -Construction Notification/Regional General Permit 163 Perth Court Storm Drainage Improvement Project Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212411C Dear Ms. Amschler / Mr. Johnson: On behalf of Charlotte Storm Water Services (CSWS), S&ME, Inc. (S&ME) is pleased to submit this application for Department of the Army verification of impacts to Waters of the U.S. in accordance with Regional General Permit (RGP) No. 163 and North Carolina Water Quality General Certification (WQC) 4147. CSWS will be considered the applicant, and Kristen O'Reilly of CSWS will act as the signatory on the electronic Pre -Construction Notification (PCN) for this project. In accordance with electronic PCN requirements, we are submitting the accompanying supporting materials pursuant to issuance of the aforementioned RGP / WQC authorization. This PCN is for authorization of impacts to jurisdictional waters for a sediment removal / flood abatement project. This PCN is being presented for the record only for the RGP as it falls under the required notification thresholds. It is being presented for written approval under the WQC as it impacts channels in excess of the thresholds identified as requiring notification (permanent impacts greater that 150 linear feet or temporary impacts greater than 500 linear feet of channel). In addition to the brief project summary provided herein, please find the following enclosed: Project Figures Appendix I: 100% Design Plans Appendix II: Site Photographs Appendix III: Field Determination Forms Appendix IV: Protected Species Documentation S&ME, Inc. 1 134 Suber Road I Columbia, SC 292101 p 803.561.9024 1 www.smeinc.com Pre -Construction Notification/Regional General Permit 163 Perth Court Storm Drainage Improvement Project Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212411C Appendix V: Cultural Resources Documentation Appendix VI — Technical Memo (flood analysis and sediment transport model) Appendix VII — FEMA FIRMETTE By copy of this correspondence and completed PCN, we are requesting your written concurrence that this project is approved under WQC 4147. If you need additional information or have questions, please contact Dave Homans at 704-523-4726 or dhomans@smeinc.com. Sincerely, S&ME, Inc. �r f D. David Homans Project Scientist dhomans@smeinc.com Chris Daves, P.W.S. Senior Scientist cdaves@smeinc.com (Documents reviewed and approved by Kristen O'Reilly with Charlotte -Mecklenburg Storm Water Services) July 10, 2021 Pre -Construction Notification/Regional General Permit 163 Perth Court Storm Drainage Improvement Project Charlotte, Mecklenburg County, North Carolina III S&ME Project No. 212411C S Table of Contents 1.0 Project Information and Description............................................................................1 2.0 Purpose and Need.............................................................................................................2 3.0 Existing Jurisdictional Waters on Site..........................................................................2 4.0 Proposed Impacts to Jurisdictional Waters..................................................................2 5.0 Avoidance and Minimization.........................................................................................3 6.0 Protected Species and Historical and Cultural Resources........................................3 7.0 Floodplains.........................................................................................................................4 List of Tables Table 4-1 Jurisdictional Impacts Summary............................................................................................. 2 Figures Appendices Appendix I -100% Design Plans Appendix II - Site Photographs Appendix III - Field Determination Forms Appendix IV - Protected Species Documentation Appendix V - Cultural Resources Documentation Appendix VI - Technical Memo (flood analysis and sediment transport model) Appendix VII - FEMA FIRMETTE July 10, 2021 iii Pre -Construction Notification/Regional General Permit 163 Perth Court Storm Drainage Improvement Project Charlotte, Mecklenburg County, North Carolina III S&ME Project No. 212411C S 1.0 Project Information and Description The approximate 0.88-acre project site is located at the terminus of Perth Court on the premises of the Park Creek Apartments complex in the Charlotte, North Carolina. The project is located along a straightened and riprap-lined perennial channel that flows though the apartment community. At the cul-de-sac terminus of Perth Court, the channel flows through a 113 foot long, 9.5"X6' arched corrugated metal culvert. The upstream portion of the channel and much of the downstream channel is currently filled with unconsolidated sediment, and the culvert is currently filled approximately 30 percent with sediment. Substantial bank erosion and over -widening is present immediately upstream and downstream of the culvert, and significant flooding of residences has been occurring at adjacent residential buildings. The project will involve removal of in -channel sediment of between 1 and 1.6 feet in depth along 442 linear feet (LF) of channel upstream of the Perth Court culvert and 509 LF of channel downstream of the culvert. Additionally, approximately 1.5 feet of sediment will be removed from within the culvert. Four rock cross vanes and plunge pools will be installed in the channel for grade stability. A riprapped area below the culvert will be repaired and the riprap will be refreshed (no additional riprap will be installed in the bed of the channel). Additionally, in two areas, channel banks will be reshaped to include flood -prone bench areas, and these areas will be matted, live - staked, and seeded. See Appendix II for full design plans. On February 23, 2021, Alan Johnson of NC Division of Water Resources (NCDWR), Crystal Amschler of the U.S. Army Corps of Engineers (USACE) and Noah Meador, Kristen O'Reilly, and Jackie Deal of CSWS met at the project location to discuss preliminary channel excavation plans. At this meeting, it was agreed that the proposed impacts would be considered temporary, and that attempts should be made to install additional flood storage benches, and grade control structures to improve sediment transport and prevent headcutting. CSWS also agreed to investigate conducting a sediment transport model. On June 7, CSWS provided agency personnel an updated design plan and a Technical Memo detailing the flood reduction potential of the proposed project and the rate at which the channel is expected to refill with sediment. Though these models indicate sediment is likely to refill the channel in the near term, they also predict immediate flood relief for smaller storms. CSWS plans to implement this short-term solution while it is actively seeking long- term solutions to excessive sedimentation in the channel and culvert and flooding during larger storm events. During a subsequent field meeting on June 9, 2021 between CSWS and agency personnel, the USACE indicated that the proposed project would be approved under RGP 163 without requiring notification, and that the proposed plan would be approved under WQC 4147 following the PCN process. Additional information regarding this project is contained in the body of the electronic PCN application. Refer to Figure 1 (Vicinity Map), Figure 2 (Topographic Map), Figure 3 (Site Map / Approximate Waters of U.S.), Figure 4A & 4B (Proposed Project Impacts) and Figure 5 (USDA Soil Survey Mapping) as well as Appendix 1 (100% Design Plans) and Appendix II (Site Photographs) for additional site and project design information. July 10, 2021 Pre -Construction Notification/Regional General Permit 163 Perth Court Storm Drainage Improvement Project Charlotte, Mecklenburg County, North Carolina III S&ME Project No. 212411C S 2.0 Purpose and Need The overall purpose of the proposed project is to provide flooding abatement for adjacent residences while improving channel conditions. The adjacent residences have experienced significant flooding in recent years. Current analysis indicates that, with the current channel sediment load, multiple adjacent properties are within the 2-year floodplain. Based on the proposed sediment removal plan, these properties will no longer be in the 2-year floodplain and additional adjacent properties will no longer be within the 10-year floodplain. Additionally, grade control structures (cross vanes) and bank reshaping will further stabilize the channel and prevent additional erosion and lessen flood risk. See Appendix VI for Technical Memo describing sediment transport and flooding detailing the utility of the project in alleviating flooding in the area. 3.0 Existing Jurisdictional Waters on Site The project site was delineated by Noah Meador of CSWS in February 17, 2021, and was re -confirmed by David Homans of S&ME June of 2021. The following Jurisdictional Water was identified on site: Stream 1: Approximately 960 linear feet (LF) of (a)(2) perennial tributary to Brier Creek. This is the main channel where all project activity will be taking place along. The channel scored a 37 on the NC DWQ Stream Identification Form ver. 4.11 and was rated "low" quality by the North Carolina Stream Assessment Method (SAM). Two additional channels enter Stream 1 from the east downstream up the Perth Court culvert; the project has been designed to exclude these channels, and therefore they were not assessed. Data forms supporting this delineation are included in Appendix III. 4.0 Proposed Impacts to Jurisdictional Waters The proposed project will require temporary impacts to Stream 1. Project impacts are shown in Figure 4 and in the attached 100% Design Drawings in Appendix I. Refer to Table 4-1 below for a summary of tributary impacts. The following impacts to jurisdictional waters are proposed: Table 4-1 Jurisdictional Impacts Summary July 10, 2021 Pre -Construction Notification/Regional General Permit 163 Perth Court Storm Drainage Improvement Project Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212411C Project -wide temporary impacts to jurisdictional tributaries will be limited to the 951 LF (0.341 acre). 5.0 Avoidance and Minimization =0 The project was designed to maximize flood risk reduction while minimizing the disturbance to adjacent upland and stream areas. The project has been specifically designed to alleviate flood risks and improve channel conditions with the addition of more natural channel design elements (e.g. cross vane grade control, flood -prone benches, and live stake planting) into a system which has previously been highly modified and disturbed, while minimizing the addition of bank armoring. During construction, appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used to minimize impacts to the stream. Moving temporary impervious dikes and a pump around along with a special stilling basin bag will be used so that work will occur "in -the -dry" and not release excessive sediment downstream of the working area. 6.0 Protected Species and Historical and Cultural Resources To comply with applicable sections of the Endangered Species Act of 1973 (16 USC 1531-1543, S&ME performed a North Carolina Natural Heritage Program (NCNHP) Database review to identify are species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project within a mile radius of the project boundary. Additionally, the U.S. Fish and Wildlife Service (USFWS) IPaC (Information for Planning and Consultation) online service was used to generate a list of federally protected threatened or endangered species which may be present in the project area (See Appendix IV). The NCNHP review indicated that no known federally protected species were present within a one -mile radius of the project. The USFWS IPaC review identified the following federally protected species that may be in the project area: Northern long-eared bat - Myotis septentriona(is (Threatened) Carolina heelsplitter - Losmigono decorato (Endangered) Michaux's sumac — Rhus michouxii (Endangered) Smooth coneflower — Echinacea (aevigato (Endangered) Schweinitz's sunflower - He(ionthus schweinitzii (Endangered) No known populations of Carolina heelsplitter exist within the Brier Creek watershed, and the highly degraded and modified nature of the project channel does not present adequate habitat for this species; therefore, this July 10, 2021 Pre -Construction Notification/Regional General Permit 163 Perth Court Storm Drainage Improvement Project Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212411C =0 III project will have no effect on this species. Typical habitat for the three plant species listed is substantially different than the highly modified urban riparian areas that make up the project area. Furthermore, no species superficially similar to any of these species were observed on site; as such, the project was determined to have no effect on these species. Based on standard USFWS guidance provided through IPaC, it was determined that the project may affect northern long-eared bat, but incidental take of this species that may occur as a result of the project is not prohibited under the ESA Section 4(d) rule adopted for this species (See Consistency Letter in Appendix IV). In order to determine consistency with the Section 106 of the National Historic Preservation Act, a one -mile radius around the project site was reviewed for known historic properties using the NC State Historic Preservation Office (NC SHPO) HPOWEB online mapping tool. Results indicated that there were no recorded historic properties within a one -mile radius of the project site (See Appendix V). 7.0 Floodplains According to the Federal Emergency Management Agency's Flood Insurance Rate mapping, no regulated floodplains exist along the project channel, with the nearest 100-year floodplain beginning well downstream of the Milton Road culvert at the downstream end of the project area. Additionally, the project has been specifically designed for the purpose of flood abatement. As such the proposed project is in full compliance with all FEMA regulations. A FIRMETTE generated by FEMA showing the proximity of the nearest regulated floodplain in included in Appendix VII. July 10, 2021 4 Project Figures: Figure 1 — Vicinity Map Figure 2 — USGS Topographic Map Figure 3 — Site Map / Approximate Waters of The U.S. Map Figure 4A & 4B — Proposed Project Impacts Figure 5 — USDA Soil Survey Mapping n NFR[o- LN G 2 - oGp Creek a :Q ISTlN DR s �� ,/✓ Jo _Gii n *� Cat. Mh - CCII H1 11 _ x' DIA DIV t vL n ssrcads - a � G,aner - or, r a {1CC_A°" - Q. Ncnthridge high - do Mcl t "JDUSMAL C1a T r+E V f AZA tj � o Lake Plaza - �F Awd 'y¢ Tv2� _ ��.,` / 0��` LAkf obi.,-o . Chaim. Bnanxood y_ o Q Elem offf 5- y -p r � » MONTEGO DR i OFmil.i. i Q Delta Lake r 1 Cochrane 1 ' ���- Collegiate l /� A� Co� - _ aG P - PLRrH Devc,nshue Ele 3 _ CS�gY - GRATIQM DR K 7` c a nJ �PyTya RANDY OR !, Z � � JAKF5fGf 741 U \^ u s'y� np 1 ovN L G 1,9 L Jr -0 •our Lady Of The Ala CathoN�cYSd, V N J - 0� VD Si 0 2,000� ° 5 (FEET) s REFERENCE: USGS USA TOPO STREAMING DATASET a GIS BASE LAYERS WERE OBTAINED FROM USGS NATIONAL MAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. * PROJECT LOCATION THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 0 SCALE: FIGURE NO. USGS TOPOGRAPHIC MAP 1 r = 2,000 r DATE: I I PERTH COURT STORM DRAINAGE IMPROVEMENT PROJECT 6-22-21 2 PERTH COURT PROJECT NUMBER CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 212411C VNIIO'dV7 Hi'dON A1NnOD E)'dn9N31)173W '31101'dVH7 III 12if107 Hl2i3d 173fO'dd 1N3W3AO'ddWI 39VNIV'dG vaois i'dnO7 Hi'd3d w ro v d N � w III tD w N l� dVNi 'S'R FIH.L 30 S?IFI.LVM FI.LVNiIXO?IddV / dVNi F11IS O w � 0 Z Y a, •�' `��� v 0 OZ w OO Q - v h v_ W 0 w o - 0 p jr WN ,CIL s r, zaw /9 At 7-7 ' / \ w w N E � I � fi C lD �. '�✓ I �, Y o o a o aO `� a Z < m 0 ! w �n 4 VNIlO1V7 H12iON A1NnOD E)'dn9N31)173W'31101'dVH7 III 12if107 Hl2i3d w w 173fO2dd 1N3W3AO2ddWI 39VNIV2i0 vaois i'dnO7 H12d3d V N U N Izanin,;o uzeaz}sutAoQ S.LJVdNII.LJHfOHd QHSOdOud k D � „� , -�, � C7 `'� 1y�dQsyDP d t o m O 2 v �Vsz°y�s t It. v w nkm 0 w tt a o ? 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Location / Orientation ISee Figure 3 N O N 2View looking downstream at the upstream end of the culvert Remarks as well as the residences adjacent to the culvert that are prone o frequent flooding. Perth Court Storm Drainage Improvement Project Perth Court Charlotte, North Carolina S&ME Project No. 212411C N Co N N Q0 C E O N co 0 N t Q O CL �• �` �. s Location / Orientation See Figure 3 3 Remarks View of the inside of the culvert, which is nearly SO% filled with sediment. II'�I ill ll�l Ilk 4 Remarks looking upstream of typical conditions along the �iew roject channel downstream of the culvert. Perth Court Storm Drainage Improvement Project Perth Court Charlotte, North Carolina S&ME Project No. 212411C =0 Y 4,Y 4 3 Location Orientation I M. �M UI LI It= U 101 11 It=1 anio. • • • • 7S feet upstream of the culvert. If � ' 4 L Sj �' ` J-s � � " � REV • - - el i c rt , Location Orientation • Typical•the channel andsediment• •approximately 300feet upstreamof the culvert. Appendix III - Field Determination Forms NC DWQ Stream Identification Form Version 4.11 Date: 2/17/21 Project/Site: Perth Court Latitude: 35.244463 Evaluator: NJM county: Mecklenburg Longitude:-80.749791 Total Points: Stream Determination ( Other Stream is at least intermittent 37 Ephemeral Intermitten Perennial e.g. Quad Name: if >_ 19 or perennial if >_ 30` A. Geomorphology (Subtotal = 19.5 ) Absent Weak Moderate 1a. Continuity of channel bed and bank 0 2 Ltn 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 0.3 7. Recent alluvial deposits Q. 1 2 8. Headcuts 0 1 3 9. Grade control 1 1.5 10. Natural valley 0 0.5 1.5 11. Second or greater order channel No = 0 FeS=3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 10 ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 2 3 14. Leaf litter 1.5 0.5 0 15. Sediment on plants or debris 0 0.5 1 16. Organic debris lines or piles 0 1 1.5 17. Soil -based evidence of high water table? No = 0 tyes = 3 C. Biology (Subtotal = 7.5 ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 2 3 22. Fish n 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 10 0.5 1 00 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 1 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC SAM FIELD ASSESSMENT RESULTS Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Perth Court 3. Applicant/owner name: City of Charlotte 5. County: Mecklenburg 7. River basin: Catawba Date of evaluation: 2/17/21 Assessor name/organization: Nearest named water body on USGS 7.5-minute quad: NJM Briar Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.24463,-80.749791 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): 1 10. Length of assessment reach evaluated (feet): 500 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 8 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ®Perennial flow ❑Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ®A El valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ❑Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mil) ®Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No 1. Channel Water —assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction — assessment reach metric ®A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ❑B Not 3. Feature Pattern — assessment reach metric ®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑B Not 4. Feature Longitudinal Profile — assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not 5. Signs of Active Instability — assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ❑B 10 to 25% of channel unstable ®C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ®C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ®B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ®I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ®Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses N ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F CD ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent o Y ❑H Low -tide refugia (pools) vegetation Y rC ❑I Sand bottom ❑C Multiple snags and logs (including lap trees) r ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ❑E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. ®Yes ❑No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ❑B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ® ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ® ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ ® ❑ Sand (.062 — 2 mm) ❑ ® ❑ ❑ ❑ Silt/clay (< 0.062 mm) ❑ ❑ ® ❑ ❑ Detritus ❑ ❑ ❑ ® ❑ Artificial (rip -rap, concrete, etc.) 11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12 Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ® ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ®Crustacean (isopod/a mph ipod/crayfish/sh ri mp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑ Sala manders/tad poles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ®C ®C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ®N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ®A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑D Evidence of bank seepage or sweating (iron in water indicates seepage) ❑E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ®C Urban stream (>_ 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ®C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ❑A ❑A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ®D ®D ®D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ®E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ❑B ❑B Non -mature woody vegetation or modified vegetation structure ®C ®C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ❑A ❑A Medium to high stem density ®B ®B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ❑B ❑B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ®C ®C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity— assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ®Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Perth Court Date of Assessment 2/17/21 Stream Category Pa3 Assessor Name/Organization NJM Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2) Baseflow HIGH (2) Flood Flow LOW (3) Streamside Area Attenuation LOW (4) Floodplain Access LOW (4) Wooded Riparian Buffer LOW (4) Microtopography LOW (3) Stream Stability LOW (4) Channel Stability LOW (4) Sediment Transport LOW (4) Stream Geomorphology LOW (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality LOW (2) Baseflow HIGH (2) Streamside Area Vegetation LOW (3) Upland Pollutant Filtration MEDIUM (3) Thermoregulation LOW (2) Indicators of Stressors YES (2) Aquatic Life Tolerance MEDIUM (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat LOW (3) Baseflow HIGH (3) Substrate LOW (3) Stream Stability LOW (3) In -stream Habitat LOW (2) Stream -side Habitat LOW (3) Stream -side Habitat LOW (3) Thermoregulation LOW (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall LOW Appendix IV — Protected Species Documentation ]I ■■■ ■■ ■ NC DEPARTMENT OF ■■i■i NATURAL AND CULTURAL RESOURCES June 22, 2021 Ashley Bentz S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 RE: Perth Courth Storm Drainage Improvement Project; 212411C Dear Ashley Bentz: Roy Cooper, Governor D. Reid Wilson, Secretary Wager Clark Director, Division of land and Water Stewardship NCNHDE-14925 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609 OFC 919.707.9120 • FAX 919.707.9121 CO / CO s 2 / ^ a a \ 0/ / © $ 2 \ \ J D % 0)/ 0 2 9 % _ O } = / / \ \ \ � \\ \\ CO J CO 2 /s \\ G} \ \ \ \ 3 § > / % _ � u CO > % 4 = _ _ \ % _ \ \ / \ \ \ \ \ / \ 1 § y u e 3 3 3 3 > s CO CO CO CO \ \ \ \ u \ \\\\u / « ± e j_ \ \\ \\ \ » ® \ 2 \ \ E e — 9 0 / = e _ ƒ / a a y / / 6 d o - ) / 9 z Z a o e> % 2/ e 2\ awe 2 _= g= ± m- e m m o g/ / 2 2 `°DZ n < �\ \ \ \ » u / > > > > 4 % ƒ \ \ \ \ \ \ / y c t o 0 0 0 e o e e e e e -_ _ 3 2 2 2 2 2 f ` % o Z e e 2 E 0 \ /// n \\ e : \\ e 0 _ _ _ _ z /t \® \ /® /( E 2 O ® d 4 j j j j Z\ § e / O x x x x �\ \ E / y \/ / \ \ t O E_ / ± a\ 0 \ m E s\ = 3 m } E e e \% e H » e o = 2 O /: % = o $ƒ \ \ o / ` / / \ D ` «\ / © \ 9 2 s ? \ 9 ^ ey « e \ \ \ \ \ \ \ \ E.± \ \ \ - \\ _ // \ z C) / \ o o o o 0\ % \ ± / > > > > \ G / c \ e o ° t t t t \\ ±® / 000 /3 %E § ± / c e e e e e \ /\ \ .g \ \ < x -D\ s- : m/ a a a n \ \ CO \ / / / ( \� n E © D D ® CO\ z CO CO u u u \ \ ) \ / \ \= \ / / / \ / \ / / / / / § \ c I.l U Z o - r _ ul tifl� _ a` - Y O u_ v E N�Il�ams liG K J Oat �t o G2o 0� fan c? .lov, �o 'O Tpi mF c 'as A 2� U E nlaMalW q _ =y a p�19�u�H:1•M�3r-U' w - < .:aar _ o - - Pyj AemSff _ _ fat r• AN / "OF ' O6. c>b � ! \ta\a 0 W d O' cQp pp, A. (¢ m Q\31 'o P JQ V�mq 0 0\ — C p C go& Cow` .. x(1 a�h46ti, b aa'IUry ��¢ �E c, � _ WV t vR 1k Ot ! o COl7� ,. 441 d 43 F M O M United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.p,ov/nc-es/es/coupiyfr.html In Reply Refer To: Consultation Code: 04EN1000-2021-SLI-0680 Event Code: 04EN1000-2021-E-01638 Project Name: Perth Court Storm Drainage Improvement Project June 24, 2021 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) —Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" — species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. 06/24/2021 Event Code: 04EN1000-2021-E-01638 Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenerg_y/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://www.towerkill.com; andhttp://www.fws.gov/migratoDbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. 06/24/2021 Event Code: 04EN1000-2021-E-01638 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 06/24/2021 Event Code: 04EN1000-2021-E-01638 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 06/24/2021 Event Code: 04EN1000-2021-E-01638 Project Summary Consultation Code: 04EN1000-2021-SLI-0680 Event Code: 04EN1000-2021-E-01638 Project Name: Perth Court Storm Drainage Improvement Project Project Type: DREDGE / EXCAVATION Project Description: Channel excavation and bank stabilization project to abate flooding and sedimentation problems Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.244551,-80.74975208909984,14z C w1i i,auQ Cochrane hldd W f'R� art i r W Counties: Mecklenburg County, North Carolina 06/24/2021 Event Code: 04EN1000-2021-E-01638 3 Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. 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. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/3534 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3473 06/24/2021 Event Code: 04EN1000-2021-E-01638 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 06/24/2021 Event Code: 04EN1000-2021-E-01638 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. 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 Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) 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. 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. 1►I_Iuhl BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 Blue -winged Warbler Vermivora pines Breeds May 1 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Jun 30 (BCRs) in the continental USA 06/24/2021 Event Code: 04EN1000-2021-E-01638 2 NAME BREEDING SEASON Cerulean Warbler Dendroica cerulea Breeds Apr 28 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20 and Alaska. https:Hecos.fws.gov/ecp/species/297 Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee 06/24/2021 Event Code: 04EN1000-2021-E-01638 3 was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Non-BCCe Jill +++JillJ++++ ++++ + JillJill+ +—"++— VulnerableBlue-wi Warbler ++++ ++++ ++++ ++*' 7777 ---+ + " + ++++ i +++ + ++—+ +++— BCC-BCR Cerulean Warbler BCC Rangewide ++++ ++++ ++++ ++* + ++++ ++++ ++++ ++—+ +++— (CON) Kentucky Warbler ++++ ++++ ++++ ++0� "" "" "" 111 + ++++ ++++ ++—+ +++— 06/24/2021 Event Code: 04EN1000-2021-E-01638 4 BCC Rangewide (CON) Prairie Warbler ++++ ++++ ++++ t ++ ++++ ++ —+ +++— BCC Rangewide ��,+ ++++ + + (CON) Prothonotary Warbler ++++ ++++ ++++ ++++ ++++ ++++ ++—+ +++— BCC Rangewide (CON) Woodpecker I I I I' IIII IIII IIII II11 + I I I ++++ ++—+ +++— BCC Rangewide (CON) Rusty Blackbird BCC Rangewide ++++ ++-- ---+ ++++ +++++++— (CON) Wood Thrush BCC Rangewide ++++ ++++ ++++ +„i ii+i -4-+ IIII +i1-4 ++++ ++—+ +++— (CON) --- 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-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratoDLbirds/pdf/ irds/pdf/ management/nationwidestandardconservationmeasures. pdf Migratory Birds FAQ 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 (BCQ and other species that may warrant special attention in your project location. 06/24/2021 Event Code: 04EN1000-2021-E-01638 5 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 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 Eagle Act 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). 06/24/2021 Event Code: 04EN1000-2021-E-01638 6 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 Lorin. 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. 06/24/2021 Event Code: 04EN1000-2021-E-01638 Wetlands 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. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER FORESTED/SHRUB WETLAND • PF01C RIVERINE • R5UBH United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.p,ov/nc-es/es/coupiyfr.html IPaC Record Locator: 924-103289546 June 24, 2021 Subject: Consistency letter for the 'Perth Court Storm Drainage Improvement Project' project indicating that any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Dear David Homans: The U.S. Fish and Wildlife Service (Service) received on June 24, 2021 your effects determination for the 'Perth Court Storm Drainage Improvement Project' (the Action) using the northern long-eared bat (Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC) system. You indicated that no Federal agencies are involved in funding or authorizing this Action. This IPaC key assists users in determining whether a non -Federal action may cause "take"Ell of the northern long-eared bat that is prohibited under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.). Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Please report to our office any changes to the information about the Action that you entered into IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick northern long-eared bats that are found during Action implementation. If your Action proceeds as described and no additional information about the Action's effects on species protected under the ESA becomes available, no further coordination with the Service is required with respect to the northern long-eared bat. The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species that also may occur in your Action area: • Carolina Heelsplitter Lasmigona decorata Endangered • Michaux's Sumac Rhus michauxii Endangered 06/24/2021 IPaC Record Locator: 924-103289546 • Schweinitz's Sunflower Helianthus schweinitzii Endangered • Smooth Coneflower Echinacea laevigata Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. [1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct [ESA Section 3(19)]. 06/24/2021 IPaC Record Locator: 924-103289546 3 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Perth Court Storm Drainage Improvement Project 2. Description The following description was provided for the project'Perth Court Storm Drainage Improvement Project': Channel excavation and bank stabilization project to abate flooding and sedimentation problems Approximate location of the project can be viewed in Google Maps: https://www.google.com/ maps/(a)35.244551,-80.74975208909984,14z Cxh ra ne Middle 14 L„- Determination Key Result This non -Federal Action may affect the northern long-eared bat; however, any take of this species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR §17.40(o). Determination Key Description: Northern Long-eared Bat 4(d) Rule This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision. This key is intended for actions that may affect the threatened northern long-eared bat. The purpose of the key for non -Federal actions is to assist determinations as to whether proposed actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule. If a non -Federal action may cause prohibited take of northern long-eared bats or other ESA -listed animal species, we recommend that you coordinate with the Service. 06/24/2021 IPaC Record Locator: 924-103289546 4 Determination Key Result Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Qualification Interview 1. Is the action authorized, funded, or being carried out by a Federal agency? No 2. Will your activity purposefully Take northern long-eared bats? No 3. [Semantic] Is the project action area located wholly outside the White -nose Syndrome Zone? Automatically answered No 4. Have you contacted the appropriate agency to determine if your project is near a known hibernaculum or maternity roost tree? Location information for northern long-eared bat hibernacula is generally kept in state Natural Heritage Inventory databases — the availability of this data varies state -by -state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. A web page with links to state Natural Heritage Inventory databases and other sources of information on the locations of northern long- eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/ mammals/nleb/nhisites.html. Yes Will the action affect a cave or mine where northern long-eared bats are known to hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or other alteration) of a hibernaculum? No 6. Will the action involve Tree Removal? Im 06/24/2021 IPaC Record Locator: 924-103289546 Project Questionnaire If the project includes forest conversion, report the appropriate acreages below. Otherwise, type `0' in questions 1-3. 1. Estimated total acres of forest conversion: 0 2. If known, estimated acres of forest conversion from April 1 to October 31 0 3. If known, estimated acres of forest conversion from June 1 to July 31 0 If the project includes timber harvest, report the appropriate acreages below. Otherwise, type `0' in questions 4-6. 4. Estimated total acres of timber harvest 0 5. If known, estimated acres of timber harvest from April 1 to October 31 0 6. If known, estimated acres of timber harvest from June 1 to July 31 0 If the project includes prescribed fire, report the appropriate acreages below. Otherwise, type `0' in questions 7-9. 7. Estimated total acres of prescribed fire 0 8. If known, estimated acres of prescribed fire from April 1 to October 31 0 9. If known, estimated acres of prescribed fire from June 1 to July 31 0 If the project includes new wind turbines, report the megawatts of wind capacity below. Otherwise, type `0' in question 10. 10. What is the estimated wind capacity (in megawatts) of the new turbine(s)? 0 Appendix V — Cultural Resources Documentation NCHPO HPOWEB `{ ,,north Or 9 R \oV1WIN �q �#0)0 r ts, 1' 4, ; r T'A y+a1\ �t ya I ",IrY^nl,ly10 0Qrfj�i�' All ' CI bo O #FEO x. �I�l]Ct °IrJ- ROth 0' to ° V4a CAr fi �, i I 14 { AdArTrS OF s C411.kIFa t:1 I {. 5 k � �'hd i Iv�+llal rlq r b Q I� nAlllaly 4 1j �" I'ME F LE!, V+�r yV�,7Y Or III � Shannon Park Grafton Dr ���lJ� pyaMr54 �r Ildrnn frfarkway ffLA I I Cirl Q* *srorr" Dr °: Ili„14�I4�1 N'•FII.lI'.vk II 061kVao Dr 4 isTrj Gr rr�s� e� v fxr� C'ateac UalOanY pry 5r �l� ,g c �lanehraw�rr pr , ..; aovIF Dr 4' a,nrr�uxr, Ole jtiard rYQw Dir °Qr. %,4L\ 6/24/2021, 8:30:46 AM PerthCourt - Project Parcel ■..: Local districts & boundaries Local individual resources & centerpoints Local Landmark Local Landmark, Gone Local HD Center Point 1:18,056 0 0.13 0.25 0.5 mi 0 0.2 0.4 0.8 km City of Charlotte, County of Cabarrus, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA USGS North Carolina State Historic Preservation Office City of Charlotte, County of Cabarrus, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA USGS I Participating NC Counties, NCCGIA NC OneMap, US EPA I Esri, HERE Appendix VI - Technical Memo (flood analysis and sediment transport model) Proposed Channel Modification Analysis Technical Memo Perth Court / Milton Road Storm Drainage Improvements Project City Contract No. 2020-000811 June 2, 2021 Final Submittal Prepared for: ".STORM WATER Charlotte Mecklenburg Storm Water Services oFEss fJ�AL ` 9. 038053 C. ,�11110'* � 06/02/21 Prepared by: bb STV STV Engineers, Inc. TABLE OF CONTENTS PAGE Background...................................................................................................................................................1 PurposeStatement........................................................................................................................................1 Methodology..................................................................................................................................................1 HydraulicAnalysis Results.........................................................................................................................2 Sediment Transport Analysis Results.........................................................................................................7 Conclusions...................................................................................................................................................8 TABLES Table —1 Existing Conditions Channel Hydraulic Analysis Summary — Assuming 30% Culvert Blockage Table — 2 Proposed Conditions Channel Hydraulic Analysis Summary — Modify 951' of Channel by Removing Sediment Between Channel Banks Within Apartment Complex Table — 3 Proposed Channel Sediment Removal Quantity Estimate Table — 4 Existing and Proposed Perth Court Culvert Performance FIGURES Figure — 1 HEC-RAS Profile Output for 2-year Storm Comparing Existing Channel Conditions with 30% Culvert Blockage and Proposed Channel Sediment Removal for 951' Figure — 2 HEC-RAS Sediment Transport Schematic Plot Figure — 3 Existing Flood Map - Pre Channel Improvements Figure — 4 Proposed Flood Map — Post Channel Improvements Background The Park Creek Apartment complex is located at the intersection of Perth Court and Milton Road in Charlotte, North Carolina. A flooding event at the apartment complex was reported to the City of Charlotte that occurred on August 23, 2019. A flooding event that occurred on July 12, 2010 was also reported. The two storm events caused excessive flooding at the apartment complex. The storm flow overtopped the road at the Perth Court culvert, overtopped the banks of the stream channel running through the apartment complex, and caused the drainage systems within the complex to surcharge. In response to the flooding situation at the apartment complex, Charlotte -Mecklenburg Storm Water Services implemented a flood study for the Perth Court Storm Drainage Improvements Project. Kimley Horn & Associates were tasked with providing an existing conditions assessment of the watershed. STV Engineers, Inc. were tasked with providing an analysis within a technical memorandum (dated May 28, 2020) that included a potential attenuation site upstream of the Park Creek apartment complex to help reduce the severity of flooding events. STV was subsequently tasked with analyzing the effect of removing sediment from the stream channel through the apartment complex to determine if it will by itself reduce the severity of flooding events. STV has submitted two previous technical memorandums about channel sediment removal based on limited survey. This technical memorandum's analysis and results are based on detailed field survey provided by Stewart Engineering and correspond with the channel sediment removal design plans. Purpose Statement The purpose of this hydrologic and hydraulic technical memorandum is to assess the feasibility of removing sediment buildup within the channel and culvert through the Park Creek apartment complex to reduce potential flooding. This technical memo will serve as a prelude to the larger scope of work that covers the planning level Survey, Existing Conditions Analysis, Level of Service / Capital Project Design, Alternatives Analysis, and Selected Alternative project milestones. Methodologv Refer to the Perth Court Technical memorandum dated May 28, 2020 for the hydrologic and hydraulic methodology and assumptions used to analyze the channels, culverts, and closed drainage systems within the Park Creek Apartment Complex. Refer to the Perth Court Technical memorandums dated December 1, 2020 and January 7, 2021 for alternatives analysis of channel sediment removal with limited survey. The existing conditions channel hydraulic analysis summary from HEC-RAS was included as the base comparison for the level of service provided by the channel and culvert system adjacent to the apartment buildings. A HEC-RAS model assuming a 30% blockage of the existing Perth Court 9.5' wide by 6.0' tall arch corrugated metal pipe culvert was run and used as the base comparison. Field observations show that the existing culvert is potentially blocked by sediment and reduces the capacity of the culvert by approximately 30% (invert buried approximately 2.0'). The detailed survey provided aided in confirming these assumptions regarding the Perth Court culvert. Channel sediment removal plans were produced that propose removing sediment from the existing culvert and approximately 951' of stream channel within the Park Creek Apartment Complex. Stream improvement features were added such as a flood bench, rock cross vanes, and rip rap embankment repair. The sediment removal from the stream bed ranges in depth at any given cross section with a maximum depth of 2.7' and an average of 1.2'. The slope of the stream bed was set at 0.30% for most of the reach with a steeper slope of 0.93% at the upstream tie-in point to the existing stream bed. The Charlotte Storm Water Services Perth Court / Milton Road Storm Drainage Improvements Project City Contract # 2020 000811 Proposed Channel Modification Analysis Technical Memorandum STV Project No. 4020560 Page 1 assumed natural width of the stream bed varies from 6' to 12' and was maintained to the furthest extent practical with minimal impacts to the stream banks. Where possible, the existing top of banks were maintained. The proposed conditions HEC-RAS model was produced to reflect the channel modifications design plans. A sediment transport analysis using HEC-RAS was performed to determine if the sandy sediment deposits would potentially fill in the stream bed over time. The quasi unsteady flow analysis was performed based on the Yang Flume study on the deposition and erosion of sand performed at a North Carolina State University HEC-RAS Stream Restoration and Sediment Transport Course. The sediment data used to represent the stream bed gradation is based on field observations of the sandy sediment deposits to be a mixture of fine, medium, and coarse sand (d50 = 0.5mm). The quasi unsteady flow boundary conditions were set to use flow series at the upstream end of the reach and stage series at the downstream end of the reach. A sediment data rating curve was provided with the flow series to represent the assumed sediment loading from reaches upstream of the study reach. The sediment assumed depth was set to one foot within the stream banks (sediment `moveable' cross section) assuming that there will be some sand deposits remaining after construction. This allows the model results to show where potential sediment deposition and degradation will occur. The flows were entered to represent bank full condition to analyze a bank full storm event. The bank full storm event is the recommended hydraulic scenario to simulate sediment transport occurring on a yearly basis. Hydraulic Analysis Results The results of the existing and proposed conditions hydraulic scenarios are as follows. Table 1 summarizes the existing hydraulic performance of the existing stream channel in relation to the top of bank and buildings located adjacent to the channel according to the HEC-RAS EXWA-Pre model. For building 4539, the level of service provided by the channel & culvert system is less than the 2-year storm for the LAG and the 2-year storm for the FFE. Table 1. Existing Conditions Channel Hydraulic Analysis Summary - Assuming 30% Culvert Blockage HEC-RAS Cross Section Station Adjacent Building Number Approximate Lowest Adjacet Grade Elevation (ft) Approximate Finished Floor Elevation (ft) Water Surface Elevations (ft) 2-Year 10-Year 25-Year 50-Year 100-Year 250 / 300 2009 716.8 718.6 713.6 716.9 718.4 719.0 719.4 400 /450 / 500 4528 716.0 717.5 715.6 717.5 718.4 719.0 719.4 500 / 550 / 600 4532 716.0 719.0 715.9 719.1 719.5 700 / 750 / 775 4600 718.0 721.2 716.7 - - ' 19.7 650 / 700 / 750 4536 717.6 720.2 716.5 718.6 '19.6 925 / 950 / 1000 4539 718.0 719.8 719.8 720.0 720.3 720.5 925 / 950 / 1000 4601 719.2 722.2 719.0 719.8 1100 / 1150 / 1200 4619 719.2 723.5 719.0 1300 / 1350 / 1400 4629 720.9 724.3 719.4 Note: WSELs listed in orange indicate WSELs greater than the approximate lowest adjacent grade elevation. Note: WSELs listed in red indicate WSELs greater than the approximate finished floor elevation. Charlotte Storm Water Services Perth Court / Milton Road Storm Drainage Improvements Project City Contract # 2020 000811 Proposed Channel Modification Analysis Technical Memorandum STV Project No. 4020560 Page 2 Table 2 summarizes the proposed hydraulic performance of the proposed modified stream channel and culvert cleared of sediment in relation to the top of bank and buildings located adjacent to the channel according to HEC-RAS EXWA-Post model. The stream is modified for approximately 951' of channel within the apartment complex (cross sections 286 to 1350) where a maximum of 2.7' of sediment is removed at cross section 700 with a 1.2' average for the entire reach. For building 4539, the level of service provided by the channel & culvert system is the 2-year storm for the LAG and the 10-year storm for the FFE. The level of service improves for the LAG and FFE when compared with the results in Table 1 for building 4539. The level of service does improve for other buildings within the apartment complex (such as 4600 ant 4629) due to the decreased water surface elevations throughout the reach. See Figure 3 Existing Flood Map - Pre channel improvements & Figure 4 for Proposed Flood Map - Post Channel Improvements for approximate flooding limits. Table 2. Proposed Conditions Channel Hydraulic Analysis Summary - Modify 951' of Channel by Removing Sediment Between Channel Banks Within Apartment Complex HEC-RAS Cross Section Station Adjacent Building Number Approximate Lowest Adjacet Grade Elevation (ft) Approximate Finished Floor Elevation (ft) Water Surface Elevations (ft) 2-Year 10-Year 25-Year 50-Year 100-Year 250 / 300 2009 716.8 718.6 713.6 718.4 719.0 719.4 400 /450 / 500 4528 716.0 717.5 715.2 718.5 719.1 719.4 500 / 550 / 600 4532 716.0 719.0 715.4 718.5 719.1 719.5 700 / 750 / 775 4600 718.0 721.2 715.8 717.7 718.6 - ' 19.6 650 / 700 / 750 4536 717.6 720.2 715.8 718.6 '19.6 925 / 950 / 1000 4539 718.0 719.8 717.4 720.0 720.2 720.3 925 / 950 / 1000 4601 719.2 722.2 717.4 720.0 1100 / 1150 / 1200 4619 719.2 723.5 717.7 1300 / 1350 / 1400 4629 720.9 724.3 718.4 720.6 Note: WSELs listed in orange indicate WSELs greater than the approximate lowest adjacent grade elevation. Note: WSELs listed in red indicate WSELs greater than the approximate finished floor elevation. Charlotte Storm Water Services Perth Court / Milton Road Storm Drainage Improvements Project City Contract # 2020 000811 Proposed Channel Modification Analysis Technical Memorandum STV Project No. 4020560 Page 3 Table 3. Proposed Channel Sediment Removal Quantity Estimate Approx Existing Stream Proposed Invert Elevation Area of Cross Sediment Distance to Existing Stream Proposed Hec-Ras Station downstream Invert Elevation Slope between Dredged Invert Stream Slope Change between Section Cut Removal Notes cross sections between cross existing and Estimated Estimated cross section (ft) Elevation (ft) sections(%) proposed(ft) Quantity (SF) Quantity(CY) ft 250 707.32 70732 0.00 0.0 Start Channel Sediment Removal at Cross Section 25 0 - Upstream of Milton Road Culvert 300 50 710.27 5.90% 709.50 4.35% -0.77 11.4 10.6 350 50 710.59 0.64% 709.65 0.30% -0.94 21.6 30.6 400 50 710.24 -0.70% 709.80 0.30% -0.44 71.3 86.0 450 50 711.20 1.92% 709.95 0.30% -1.25 22.2 86.6 500 50 711.24 0.08% 710.10 0.30% -1.14 23.7 42.5 550 50 712.02 1.56% 71025 0.30% -1.77 20.3 40.7 Approximate average channel bottom width throughout this section of channel varies between 6' 600 50 711.28 -1.48% 710.40 0.30% -0.88 12.4 30.3 & 12' 650 50 712.96 3.36% 710.55 0.30% -2.41 26.5 36.0 700 50 713.39 0.86% 710.70 0.30% -2.69 44.7 65.9 750 50 713.37 -0.04% 710.85 0.30% -2.52 43.3 81.5 775 25 712.70 -2.68% 710.92 0.30% -1.78 38.6 37.9 Downstream end of Pertly Court 795 20 712.48 -1.10% 710.98 0.30% -1.50 14.3 19.6 Culvert- Assume 1.5'of Sediment removal through Culvert Upstream end of Perth Court 908 113 713.49 0.89% 711.99 0.89% -1.50 14.3 59.6 Culvert Charlotte Storm Water Services City Contract # 2020 000811 STV Project No. 4020560 Perth Court / Milton Road Storm Drainage Improvements Project Proposed Channel Modification Analysis Technical Memorandum Page 4 Table 3. Proposed Channel Sediment Removal Quantity Estimate (continued) Approx Existing Stream Proposed Invert Elevation Area of Cross Sediment Distance to Existing Stream Slope between Proposed Stream Slope Changebetween Section Cut Removal Hec-Ras Station downstream Invert Elevation Dredged Invert Notes cross section (ft) cross sections Elevation(ft) between cross existing and Estimated Estimated ft N) sections(%) proposed(ft) Quantity (SF) Quantity (CY) 925 17 713.36 -0.76% 712.04 0.30% -1.32 29.8 13.9 950 25 713.43 0.28% 712.12 0.30% -1.31 27.4 26.5 1000 50 713.57 0.28% 71227 0.30% -1.30 34.9 57.7 1050 50 713.45 -0.24% 712.42 0.30% -1.03 10.3 41.9 Approximate average channel bottom width throughout this 1100 50 713.26 -0.38 % 712.57 0.30% -0.69 5.9 15.0 section of channel varies between 6' & 10' 1150 50 713.61 0.70% 712.72 0.30% -0.89 6.9 11.9 1200 50 713.42 -0.38% 712.87 0.30% -0.55 5.1 11.1 1250 50 713.92 1.00% 713.02 0.30% -0.90 7.5 11.7 1300 50 71432 0.80% 713.48 0.93% -0.84 7.4 13.8 1350 50 714.03 -0.58% 714.03 1.10% 0.00 0.0 6.9 End Channel Sediment Removal 1400 50 714.00 -0.06% 714.00 -0.06% 0.00 0.0 0.0 Sub -Total (CY) 1 837.9 Add 10%(CY) 1 83.8 Total (CY) 1 921.7 say (CY) 1 930 Charlotte Storm Water Services Perth Court / Milton Road Storm Drainage Improvements Project City Contract # 2020 000811 Proposed Channel Modification Analysis Technical Memorandum STV Project No. 4020560 Page 5 Table 4 summarizes the existing and proposed hydraulic performance of the Perth Court 6.0' x 9.5' CMP Arch Culvert. The existing culvert performance results assumes a 30% blockage of the culvert by sediment. The proposed culvert performance assumes sediment is removed at a depth of 1.5' from the culvert and from 951' of channel as described in the previous section of the report (Table 2). With the sediment removed from the culvert and channel, the culvert's level of service increases from less than a 2- year storm event to a 2-year storm event without overtopping the cul-de-sac. Table 4. Existing and Proposed Perth Court Culvert Performance Perth Court 6.9 x 9.5' CMP Arch Culvert HEC-RAS Water Surface Elevations (ft) Crossing Condition Station 2-Year 10-Year 25-Year 50-Year 100-Year Existing Condition with 30% Sediment Blockage 925 719.0 719.8 720.0 720.2 720.4 Proposed Condition with Channel Sediment & Culvert Sediment Blockage Removed 925 7173 719.6 719.9 720.1 7203 Overtopping Elevation Perth Court = 718.6 Note: WSELs listed in red indicate roadway overtopping. Charlotte Storm Water Services Perth Court / Milton Road Storm Drainage Improvements Project City Contract # 2020 000811 Proposed Channel Modification Analysis Technical Memorandum STV Project No. 4020560 Page 6 Figure 1. HEC-RAS Profile Output for 2-year Storm Comparing Existing Channel Conditions with 30% Culvert Blockage and Proposed Channel with 951' of Channel Sediment Removal Within Apartment Complex P.M Carl MECAAS mp"3 ti E� wear ?[ w..a Dm*d +.muse+ MbbFQ � 2-year Storm WSEL with Modified Channel 2-year Storm WSEL with Existing Channel & Culvert 30% Blacked T Existing Channel Invert Modified Channel Invert Charlotte Storm Water Services Perth Court / Milton Road Storm Drainage Improvements Project City Contract # 2020 000811 Proposed Channel Modification Analysis Technical Memorandum STV Project No. 4020560 Page 7 Sediment Transport Analysis Results The sediment transport simulation shows there is potential for sediment deposition upstream of the Perth Court Culvert and within the culvert. The simulation shows sediment degradation downstream of the Perth Court Culvert continuing through the Milton Road Culvert and reaching sediment equilibrium at downstream end of the reach. Assuming one foot of deposited sand remains after construction allows the model to simulate where the sand will potentially be deposited, degraded (eroded), or at equilibrium. After construction, the sandy sediment is assumed to all be removed and the channel bed replaced with natural on -site gravel and stone bed gradation. Erosion downstream of the culvert is not anticipated given the coarser channel bed substrate. Deposition upstream and within the culvert is expected considering the culvert is undersized and tends to trap sandy sediments over time. The estimated duration to deposit enough sand to replace what is being removed during construction at a max depth of 1.3' at cross section 950 is approximately 3 years assuming one bank full storm event each year. See the schematic plot in figure 2 below with the simulation results showing potential deposition, degradation, or equilibrium potions of the reach. Figure 2. HEC-RAS Sediment Transport Schematic Plot Slue Sections of the Plot Represent Sediment Equilibrium Milton Road Culvert Conclusions Red Portions of the Plot Represent Sediment Deposition Perth Court Culvert Purple Portions of the Plot Represent Sediment Degradation Channel modifications and culvert sediment removal within the Park Creek apartment complex property do offer some improvements in flooding conditions for the buildings adjacent to the channel. The improvements in flooding conditions are most realized for the 2-year storm event or less. Channel and culvert sediment removal for approximately 951' of channel within the apartment complex does offer some improvements in flooding conditions for the buildings adjacent to the channel. The improvements in flooding conditions are most realized for the 2-year storm event or less. When comparing the existing channel with culvert blockage to the channel and culvert sediment removal the maximum drop in water Charlotte Storm Water Services Perth Court / Milton Road Storm Drainage Improvements Project City Contract # 2020 000811 Proposed Channel Modification Analysis Technical Memorandum STV Project No. 4020560 Page 8 surface elevation for the 2-year storm event is 1.6'. This improves the flooding severity for up to nine buildings and improves the level of service for four buildings. The Perth Court culvert's performance also improves by increasing level of service from less than a 2-year storm event to a 2-year storm event without overtopping the cul-de-sac. The stream sediment removal plan offers the most flood improvement benefit with the least impacts to the stream. For sediment deposition concerns after construction there is moderate to high potential for future sand deposition upstream and within the Perth Court culvert. There is low potential for future sand deposition downstream of the Perth Court culvert. A jurisdictional determination will need to be performed for the potential stream channels and wetlands within the project limits and submitted to the Army Corps of Engineers (USACE) and North Carolina Department of Water Resources (NCDWR) for verification. The potential stream impacts will need to be shown on permit drawings to be submitted to the Army Corps of Engineers for review and approval. The stream sediment removal will need to be limited to less than 1000' to satisfy the stream maintenance permit requirements. 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David Homans / Kristen O'Reilly dhomans@gmail.com Charlotte Stormwater Services Perth Court SDIP Mecklenburg Street Address 600 East Fourth Street Address Line 2 aty Charlotte Postal / Zip axle 28203 C Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F- 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F- Shoreline Stabilization Does this project have an existing project ID#?* C Yes c: No State / Province / Pegion NC Country Mecklenburg Do you know the name of the staff member you would like to request a meeting with? Alan Johnson Please give a brief project description below and include location information.* The project involves sediment removal and channel improvements upstream and downstream of a culvert under Perth Court that is leading to extensive adjacent flooding concerns. Previous field meetings regarding this site have occurred between Alan Johnson and CSWS staff. 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. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I 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 6/10/2021