Loading...
HomeMy WebLinkAbout20130896 Ver 1_401 Application_2013081311 CWS ii�j I Carolina Wetland Services, Inc. 550 East Westinghouse Boulevard Charlotte, NC 28273 704 -527 -1177 - Phone 704 -527 -1133 - Fax TO: Ms. Karen Higgins NCDWQ — Wetlands and Storm Water Branch 512 N Salisbury St 9th Floor Archdale Building Raleigh NC 27603 20130896 Date: 08 -22 -13 CWS Project #: 2013 -3149 ell D) LETTER OF TRANSMITTAL WE ARE SENDING YOU: ®Attached ❑Under separate cover via the following items: ❑ Prints ® Plans ® JD Package ❑ Specifications ❑ Copy of letter ❑ Change order ❑ Wetland Survey ® Other iF FNC'inquRFR ARF NOT AR N(YTRn KiNni.Y N(Yf7FY ii.R AT nKrIP. _Vl�o Z)kL LCD 1 /� ` „ bJ> 1�[,0;((— D J LUIK 1 8/22/13 5 Application for Water Quality Certification 3883 2 8/22/13 1 Application Fee Check ($240) THESE ARE TRANSMITTED as checked below: ®For approval ❑Approved as submitted ❑Resubmit copies for approval ®For your use ❑Approved as noted ❑Submit copies for distribution ❑As requested ❑Returned for corrections ❑Return corrected prints ❑For review and comment ❑For your verification and signature REMARKS: Karen, Please find attached five copies of the Preconstruction Notification and application for Water Quality Certification 3883 for the Town of Fairview Pond project in Monroe, NC. A check for the application fee is also attached. Copy to: File Thank you, omas Blackwell, PWS Senior Scientist NORTH CAROLINA - SOUTH CAROLINA : Corps Submittal Cover Sheet 2 0 1 3 0 8 9 6 Please provide the following info: 1. Project Name Town of Fairview Pond 2. Name of Property Owner /Applicant: Town of Fairview; POC. Mr. Ed Humphries 3. Name of Consultant/Agent: Carolina Wetland Services, Inc. POC Mr. Tom Blackwell *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): N/A 5. Site Address: 6. Subdivision Name: 7. City: . 8. County: Union 9. Lat: N35.1352730 Long: W80.5349460 (Decimal Degrees Please 10. Quadrangle Name: Midland, NC, dated 1996 11. Waterway: UT to Goose Creek 12. Watershed: Yadkin (HU# 03040105) 13. Requested Action: X Nationwide Permit # 3 General Permit # 20-13 Jurisdictional Determination Request AUG 2 6 ZO Pre - Application Request vy &gun u _ r�r The following information will be completed by Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site/Waters Name: Keywords: a J;)CWS1 August 12, 2013 Mr. Steve Kichefski U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 866 - 527 -1177 (office) 704 -527 -1133 (fax) Ms. Karen Higgins NCDWQ — Wetlands and Storm Water Branch 512 N Salisbury St 9th Floor Archdale Building Raleigh NC 27603 Subject Pre -Con action Notification Pursuant to Nationwide Permit No. 3 Town of Fairview Pond -Project Union County, North Carolina Carolina Wetland Services Project No. 2013.3149 The Town of Fairview Pond site is approximately 17 acres in extent. The site is located just southeast of the intersection of Highway 218 and Concord Highway in the Town of Fairview, North Carolina (Figure 1. USGS Siter Location Map). The purpose of this project is to repair an existing pond within the project limits that is in disrepair and is in need of maintenance. The Town of Fairview has sub - contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. Applicant Name: Town of Fairview POC: Mr. Ed Humphries Mailing Address: 7400 Concord Highway, Monroe, NC 28110 Phone Number of Owner /Applicant: (704) 564 -3412 Street Address of Project: 7402 Concord Highway, Monroe, NC 28110 Waterway: UT to Goose Creek Basin: Yadkin (HU# 03040105) City: Town of Fairview County: Union Tax Parcel ID number: portion of 08189031 C Decimal Degree Coordinate Location of Project Site: N35.1352730, W80.5349460 USGS Quadrangle Name: Midland Quadrangle, North Carolina, dated 1996 Current Land Use The project site consists of active agricultural field with wooded margins. There is a pond located in the northern portion of the site. Typical on -site vegetation includes winged elm (Ulmus alata), sweetgum (Liquidambar styracillua), green ash (Fraxinus pennsylvanica), willow oak (Quercus phellos , common greenbriar (Smilax rotundifolia), poison ivy (Toxicodendron radicans , Virginia creeper (Parthenocissus quinquefolia) and smallspike false nettle (Boehmeria cylindrica). NORTH CAROLINA • SOUTH CAROLINA WWW.CWS4NC.NET Town of Fairview Pond August 12, 2013 Nationwide Permit No. 3 CWS project No. 2013 -3149 According to the Soil Survey of Union County' (Figure 2. NRCS Soil Survey Map, attached), on -site soils consist of Badin channery silt loam, 2 to 8 percent slopes (BaB), Badin channery silty clay loam, 2 to 8 percent slopes, eroded (BdB2), Cid channery sift loam,1 to 5 percent slopes (CmB), Goldston very channery sift loam, 4 to 15 percent slopes (GoC), Goldston -Badin complex, 2 to 8 percent slopes (GsB), Goldston -Badin complex, 8 to 15 percent slopes (GsC), and Tatum gravelly silty clay loam, 2 to 8 percent slopes, eroded (TbB2). Badin channery sift loam and Badin channery silty clay loam are well-drained and exhibit moderate permeability. Cid channery sift loam is moderately well -drained to poorly drained and exhibits slow permeability. Goldston very channery sift loam and Goldston -Badin complex are well- drained to excessively drained and exhibit moderately rapid permeability. Tatum gravelly silty clay loam is well- drained and exhibits moderate permeability. None of the on -site soil units are listed in the North Carolina Hydric Soils List for Union County2 or the National Hydric Soils LIst3. Jurisdictional Delineation On October 11, 2013, CWS scientists Thomas Blackwell, PWS and Kelly Thames delineated jurisdictional waters of the U.S. Within the project area. Mr. Steve Kichefski with the U.S. Army Corps of Engineers (USACE) and Mr. Michael Burkhard with the North Carolina Division of Water Quality (NCDWQ) field- verified jurisdictional areas during an on -site field meeting on December 11, 2012. Jurisdictional areas were delineated using the (USACE) Routine On -Sfte Determination Method. This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual°, the 2007 USACE Jurisdictional Determination Form Instructional Guidebooks, with further technical guidance from the Eastern Mountains & Piedmont Regional Supplements, dated April 2012. The results of the on -site field investigation conducted by CWS indicate that there is one jurisdictional wetland area (Wetland AA) located within the project area (Figure 3, attached). There is also one jurisdictional open wafter area (Pond A) with an adjacent jurisdictional Welland area (Wetland BB) located on -site. On -Site waters include unnamed tributaries to Goose Creek. Goose Creek is part of the Yadkin River basin (HU# 03040105)7 and is rated "Class C Waters" by the NCDWQ. On -Site jurisdictional waters of the U.S. total approximately 0.856 acres. On -Site jurisdictional waters of the U.S. are summarized in Table 1 below. Table 1. Summary of On -Site Waters Jurisdictional Feature USACE/EPA Rapanos Classification Approx. Acreage (ac.) Wetland AA Adjacent to Seasonal RPW 0.003 ac. Wetland BB Directly Abutting Pond A 0.327 ac. Jurisdictional Wetland Total: 0.33 ac. Jurisdictional Feature USACEIEPA Rapanos Classification Approx. Acreage (ac.) Pond A Jurisdictional Pond 0.526 ac. Jurisdictional Open Waters Total: 0.526 ac. United States Department of Agriculture (USDA) Natural Resources Conservation Service, 1995. Soil Survey of Union County, North Carolina. 2 United States Department of Agriculture — Natural Resources Conservation Service, 1999. North Carolina Hydria Soils List, USDA -MRCS North Carolina State Office, Raleigh 3 United States Department of Agriculture — Natural Resources Conservation Service, 2010. 2010 National Hydric Soils List by State 4 Environmental Laboratory. 1987. 'Corps of Engineers Wetlands Delineation Manuar, Technical Report Y -87 -1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 5 USACE Jurisdictional Determination Form Instructional Guidebook. 2007. USACE Regulatory National Standard Operating Procedures for conducting an approved jurisdictional determination (JD) and documenting practices to support an approved JD. USACE Headquarters, Washington, DC. 5 US Army Corps of Engineers, July 2010. Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region. US Army Engineer Research and Development Center, Vicksburg, Mississippi. 'HU#' is the Hydrologic Unit Code. U.S. Geological Survey, 1974. Hydrologic Unit Map, State of North Carolina. 2 Town of Fairview Pond August 12, 2013 Nationwide Permit No. 3 CWS project No. 2013 -3149 - Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on July 29, 2013, to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. As of the date of this submittal, a response from SHPO has not yet been received. Protected Species A letter was forwarded to the North Carolina Natural Heritage Program ( NCNHP) on July 29, 2013 to determine the presence of any federally- listed, candidate endangered, threatened species or critical habitat located within the project area. In a response dated August 1, 2013 NCNHP stated that "....there may be impacts to an unnamed tributary of Goose Creek with drains to designated Critical Habitat for the federally endangered Carolina heelsplitter, (Lasmigona decorata)" (Agency Correspondence, attached). CWS has field- reviewed the site and there was no habitat identified to support the Carolina heelsplitter; in addition there is a break in surface water connection to any waters draining to Goose Creek. Purpose and Need for the Project The Town of Fairview has purchased this property for use as a community park. As part of this project, the Town of Fairview proposes to restore the existing on -site pond for use as a stocked fishing pond. In addition, the town proposes to restore the historic spring head located close to the northwestern property boundary. The maintenance work on the pond is necessary as the pond dam is badly overgrown and the pond has become badly silted. Water levels in the pond have receded significantly and it is suspected that tree growth on the dam is causing the dam to seep. In addition, the banks of the pond have become overgrown with vegetation which limits access to the water. The town proposes to clear the bankside vegetation and to dredge the pond to increase its depth. A fountain will be installed to improve the oxygenation of the water. The pond will be temporarily drained to perform the maintenance work. Once dredging has been completed the pond will be returned to its normal pool elevation. There is a historic spring head located on the property. The historic alignment of Concord Highway passed through the project site and this spring head was an important water source alongside the highway. The spring has become silted in over time but the historic stonework protecting the spring is still evident. The Town of Fairview proposes to dredge the spring to restore the flow of water and make a feature of the spring highlighting the historic importance of the site. Avoidance and Minimization Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. The Town of Fairview Park Pond Project has been designed to avoid impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. All work will be done in accordance with Water Quality Certification No. 3883. In areas where impacts to Jurisdictional Waters of the State are unavoidable, steps have been taken to minimize both the extent and severity of the impacts. Town of Fairview Pond August 12, 2013 Nationwide Permit No. 3 CWS proiect No. 2013 -3149 Proposed Impacts to Jurisdictional Waters Unavoidable impacts associated with the construction of the Town of Fairview Pond Project include the removal of sediments from 0.001 acre of Wetland AA and the flooding of 0.327 acre of Wetland BB. Wetland Impacts Unavoidable impacts to jurisdictional wetlands total approximately 0.328 acre. Impacts to Wetland BB total 0.327 acre and are the result of clearing of forested wetland vegetation around Pond A and the flooding of these areas when the pond is returned to its normal pool condition (Figure 4, attached). Wetland BB has formed on the periphery of the pond as a result of receding water levels due to the failing dam. Once the dam is repaired the water levels will be returned to their normal level. Impacts to Wetland AA total 0.001 acre and are the result of the removal of sediment from the historic spring head at the upstream end of Wetland AA. Wetland impacts are summarized in Table 2. Table 2. Proposed Impacts to Jurisdictional Waters Jurisdictional Feature Jurisdiction Impact Type NWP No. Temporary Impact Area (acres) Permanent Impacts Area (acres) USACEIEPA Rapanos Classification Wetland AA Adjacent to Seasonal RPW Dredging 3 0 0.001 Wetland BB Directly Abutting Pond A Flooding 3 0 0.327 Total Wetland Impacts 0 acre 0.328 acre On behalf of the Town of Fairview, CWS is submitting a Pre- Construction Notification Application with attachments in accordance with Nationwide Permit General Condition No. 31 and pursuant to Nationwide Permit (NWP) No. 3, (enclosed). Compensatory Mitigation The majority of wetland impacts (0.387 acre) are limited to the flooding of wetlands that formed on the margins of the on -site pond as a result of lowered water levels caused by the leaking dam. Therefore, no mitigation is proposed for these impacts. 4 Town of Fairview Pond August 12, 2013 Nationwide Permit No. 3 CWS project No. 2013 -3149 Please do not hesitate to contact Tom Blackwell at 704 - 527 -1177 or tom @cws- inc.net should you have any questions or comments regarding this permit submittal. Sincerely, /:I c'" &U Thomas J. Blackwell, PWS Senior Scientist Kell hames Staff Scientist II Enclosures: Figure 1. USGS 7.5- Minute Midland, North Carolina Topographic Quadrangle Figure 2. USDA -NRCS Union County Soil Survey Figure 3. Approximate Jurisdictional Boundary Field Map Figure 4. Proposed Impacts Agent Authorization Form Pre - Construction Notification Pursuant to Nationwide Permit No. 3 Agency Correspondence cc: Mr. Ed Humphries, Town of Fairview i Legend Project Limits i Fairvie Fairview Road i Sch__ BaB - Badin channery silt loam, 2 to 8 percent slopes BdB2 - Badin channery silty clay loam, 2 to 8 percent slopes, eroded CmB - Cid channery silt loam, 1 to 5 percent slopes GoC - Goldston very channery silt loam, 4 to 15 percent slopes GsB - Goldston -Badin complex, 2 to 8 percent slopes GsC - Goldston -Badin complex, 8 to 15 percent slopes TbB2 - Tatum gravelly silty clay loam, 2 to 8 percent slopes, eroded W - Open Water FIGURE NO. USGS Site Location Map 2 Town of Fairview Pond Project Fairview, North Carolina CWS Project No. 2013 -3149 [L)) MS WWW.CWS -/NC.N '.1/ 'r BdB2 11 500 250 0 E 1" : 500' PROJECT NO. 2013 -3149 ICANT NO 500 Feet 7 -29 -13 BY TJ B _o BY GCA AGENT CERTIFICATION OF AUTHORIZATION I, Mr. Ed Humphries, representing The Town of Fairview, hereby certify that I have authorized Thomas Blackwell of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination / permitting and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. Ar&ftX Date Agent's signature 8/12/13 Date Completion of this form will allow the agent to sign all future application correspondence. ot WATF9 O `C Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? []Yes ® No 2. Project Information 2a. Name of project: Town of Fairview Pond 2b. County: Union 2c. Nearest municipality / town: Town of Fairview 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Harry and Sandry Haigler 3b. Deed Book and Page No. 5724 -265 3c. Responsible Party (for LLC if applicable): Mr. Ed Humphries, Town of Fairview 3d. Street address: 7400 Concord Highway 3e. City, state, zip: Monroe, NC 28110 3f. Telephone no.: 704 - 564 -3412 3g. Fax no.: 3h. Email address: Page 1 of 13 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): Town of Fariview 4d. Street address: 7400 Concord Highway 4e. City, state, zip: Monroe, NC 28110 M. Telephone no.: 704 - 564 -3412 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Tom Blackwell, PWS 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c. Street address: 550 E. Westinghouse Blvd. 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 704 - 527 -1177 5f. Fax no.: 704 - 527 -1133 5g. Email address: tom @cws - inc.net Page 2 of 13 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): portion of 08189031C 1 b. Site coordinates (in decimal degrees): Latitude: 35.1352730 Longitude: - 80.534946° (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: 17 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Goose Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Yadkin (HU# 03040105) Page 3 of 13 PCN Form — Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site consists of active agricultural field with wooded margins. There is a pond located in the northern portion of the site. Typical on -site vegetation includes winged elm (Ulmus alata), sweetgum (Liquidambar styraciflus), green ash (Fraxinus pennsylvanica), willow oak (Quercus phellos), common greenbriar (Smilax rotundifolia), poison ivy (Toxicodendron radicans), Virginia creeper (Parthenocissus quinquefolia) and smallspike false nettle (Boehmeria cylindrica). 3b. List the total estimated acreage of all existing wetlands on the property: 0.33 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The Town of Fairview has purchased this property for use as a community park. As part of this project the Town of Fairview proposes to restore the existing on -site pond for use as a stocked fishing pond. In addition, the town proposes to restore the historic spring head located close to the northwestern property boundary. The maintenance work on the pond is necessary because the pond dam is badly overgrown and the pond has become badly silted. Water levels in the pond have receded significantly and it is suspected that tree growth on the dam is causing the dam to seep. In addition the banks of the pond have become overgrown with vegetation which limits access to the water. The town proposes to clear the bankside vegetation and to dredge the pond to increase its depth. A fountain will be installed to improve the oxygenation of the water. The pond will be temporarily drained to perform the maintenance work. Once dredging has been completed the pond will be returned to its normal pool elevation. There is an historic spring head located on the property. The historic alignment of Concord Highway passed through the project site and this spring head was an important water source along site the highway. The spring has become silted in over time but the historic stonework protecting the spring is still evident. The Town of Fairview proposes to dredge the spring to restore the flow of water and make a feature of the spring highlighting the historic importance of the site. 3e. Describe the overall project in detail, including the type of equipment to be used: . Water levels in the pond have receded significantly and it is suspected that tree growth on the dam is causing the dam to seep. In addition the banks of the pond have become overgrown with vegetation which limits access to the water. The town proposes to clear the bankside vegetation and to dredge the pond to increase its depth. A fountain will be installed to improve the oxygenation of the water. The pond will be temporarily drained to perform the maintenance work. Once dredging has been completed the pond will be returned to its normal pool elevation. There is an historic spring head located on the property. The historic alignment of Concord Highway passed through the project site and this spring head was an important water source along site the highway. The spring has become silted in over time but the historic stonework protecting the spring is still evident. The Town of Fairview proposes to dredge the spring to restore the flow of water and make a feature of the spring highlighting the historic importance of the site. Unavoidable impacts to jurisdictional wetlands total approximately 0.328 acre. Impacts to Wetland BB total 0.327 acre and are the result of clearing of forested wetland vegetation around Pond A and the flooding of these areas when the pond is returned to its normal pool condition (Figure 4, attached). Wetland BB has formed on the periphery of the pond as a result of receding water levels due to the failing dam. Once the dam is repaired the water levels will be returned to their normal level. Impacts to Wetland AA total 0.001 acre and are the result of the removal of sediment from the historic spring head at the upstream end of Wetland AA. . A track hoe and other typical construction equipment will be used to construct this project Page 4 of 13 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past. Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ preliminary ® Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Carolina Wetland Services Name (if known): Thomas Blackwell, PWS and Kelly Thames Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Mr. Steve Kichefski with the U.S. Army Corps of Engineers (USACE) and Mr. Michael Burkhard with the North Carolina Division of Water Quality (NCDWQ) verbally verified jurisdictional areas during an on -site field meeting on December 11, 2012. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. There will likely be future phases of this park. However, there will be no impacts to jurisdictional waters associated with these phases. Page 5 of 13 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ®P ❑ T flooding Wetland BB- Forested ® Yes E] No ® Corps C] DWQ 0.327 W2 ®P ❑ T Dredging Wetland AA ® Yes ❑ No ® Corps ❑ DWQ 0.001 W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No I ❑ DWQ W6 ❑ P ❑ T ❑ Yes El Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.327 2h. Comments: Permanent Wetland Impacts total 0.328 acres 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) ) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P [IT ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P [IT ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 6 of 13 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P 03 ❑P 04 ❑P 4E Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5E Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ❑P ❑Yes ❑ No B2 ❑P El Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 7 of 13 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. The Town of Fairview Park Pond Project has been designed to avoid impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. All work will be done in accordance with Water Quality Certification No. 3883. In areas where impacts to Jurisdictional Waters of the State are unavoidable, steps have been taken to minimize both the extent and severity of the impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. All work will be constructed in the dry in accordance with Water Quality Certification No. 3883 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In4leu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 8 of 13 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 9 of 13 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: There is no change in impervious surface associated with this project. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: I ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Union County ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 10 of 13 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal /state/local) funds or the ® Yes ❑ No use of public (federal /state) land? 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 ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This is a maintenance project and will not result in additional future development. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N /A. Page 11 of 13 PCN Form — Version 1.3 December 10, 2008 Version S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A letter was forwarded to the North Carolina Natural Heritage Program ( NCNHP) on July 29, 2013 to determine the presence of any federally- listed, candidate endangered, threatened species or critical habitat located within the project area. In a response dated August 1, 2013 NCNHP stated that "....there may be impacts to an unnamed tributary of Goose Creek with drains to designated Critical Habitat for the federally endangered Carolina heelsplitter, (Lasmigona decorata)" (Agency Correspondence, attached). CWS has field- reviewed the site and there was no habitat identified to support the Carolina heelsplitter; in addition there is a break in surface water connection to any waters draining to Goose Creek. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? F[] Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries: http: / /sharpfin. nmfs .noaa.govtwebsite /EFH_Mapper /map.aspx 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A letter was forwarded to the State Historic Preservation Office (SHPO) on July 29, 2013, to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. As of the date of this submittal, a response from SHPO has not yet been received. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: . 8c. What source(s) did you use to make the floodplain determination? Mr. Tom Blackwell, PWS 8 -12 -13 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 13 PCN Form — Version 1.3 December 10, 2008 Version Page 13 of 13 PCN Form — Version 1.3 December 10, 2008 Version �T NCDMR North Carolina Department of Environment and Natural Resources Office of Conservation, Planning, and Community Affairs Pat McCrory Linda Pearsall John E. Skvada, III Governor Director Secretary August 1, 2013 Carolina Wetland Services Atten: Kelly Thames and Thomas Blackwell 550 E. Westinghouse Blvd. Charlotte, NC 28273 Subject: CWS Project No. 2013 -3149 Proposed Town of Fairview Park Project, Fairview, NC, Union County. To whom it may concern: The Natural Heritage Program has no record of rare species, Critical Habitat, Significant Natural Heritage Areas, or high quality natural communities within the proposed project area. From maps provided and comments provided in your letter of request, there may be impacts to an unnamed tributary of Goose Creek which drains to designated Critical Habitat for the Federal Endangered Carolina Heelsplitter, Lasmigona decorata. Goose Creek Aquatic Habitat is recognized by the Natural Heritage Program as a Significant Natural Heritage Area. Within a two -mile radius of the project boundary, we have records of both federal and state listed species and high quality natural communities; a table of these features is provided in Table 1, attached. The use of Natural Heritage Program data should not be substituted for actual field surveys, particularly if the project area contains suitable habitat for rare species, important natural communities, or priority natural areas. Please do not hesitate to contact me if you have questions or need further information: 919 - 707 -8687 or judith.ratcliffena,ncdenr. ov Judith Ratcliffe Freshwater Ecologist, Eastern Region NC Natural Heritage Program Table 1. Rare Species and High Quality Natural Communities Documented Within 2 Mile Radius of the Proposed Town of Fairview Park, Union County, NC. Scientific Name Common Name State Status Federal Status TAXO GROUP Carolina Freshwater Lasmi ona decorata Heels litter Endangered En dan eyed Bivalve Freshwater Stro hitus undulatus Creeper Threatened Bivalve Federal Species of Freshwater Villosa vau haniana Carolina Creekshell Endangered Concern Bivalve Special Freshwater Villosa constricta Notched Rainbow Concern Bivalve Significantly Freshwater Villosa delumbis Eastern Creekshell Rare Bivalve Federal Special Species of Etheostoma collis Carolina Darter Concern Concern Freshwater Fish Significantly Mastico his a ellum Coachwhip Rare Reptile Federal Significantly Species of Eurybia mirabilis Piedmont Aster Rare Concern Vascular Plant Gillenia sti ulata Indian Physic Threatened Vascular Plant Federal Significantly Species of Isoetes vir inica Virginia Quillwort Rare Concern Vascular Plant Natural Piedmont Alluvial Forest Community Natural Mesic Mixed Hardwood Forest Piedmont Subtype) Community Natural Piedmont Bottomland Forest (Typic Low Subtype) Community