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HomeMy WebLinkAbout20051457 Ver 1_RE 401 applicant DWQ COVER LETTER_20130501RE 401 applicant DWQ COVER LETTER From: Matthews, Matt Sent: Wednesday, May 01, 2013 3:06 PM To: Karoly, Cyndi; Higgins, Karen Cc: Bush, Ted Subject: RE: 401 applicant DWQ COVER LETTER.pdf Categories: Bosses For context, here's H609 from the 2011 session: http: / /www.ncga.state.nc.us/ Sessions / 2011 /Bills /House /PDF /H609v6.pdf ------------------------------------------------------------------------------------ ------------------------- Matt Matthews Surface Water Protection section Chief 1617 Mail Service Center Raleigh, NC 27699 -1617 E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wakild, Chuck sent: Wednesday, May 01, 2013 11:28 AM To: Matthews, Matt; Karoly, Cyndi; Higgins, Karen Cc: Bush, Ted Subject: FW: 401 applicant DWQ COVER LETTER.pdf Please review and let's discuss. From: CCSD Manager [mailto:manager @ccsdwater.com] sent: Wednesday, May 01, 2013 11:03 AM To: Wakild, Chuck Subject: 401 applicant DWQ COVER LETTER.pdf Dear Chuck, I am mailing out the hard copies & check to DWQ today. Cleveland County water has been working on this Reservoir over 13 years. since HB 609 is on the statues this is going to new to everyone involved. see you next week if possible. Application is to follow. Thanks Butch Page 1 o�QF W ATFg0G h y � r O � Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form —Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NA Individual permit likely 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 1e. 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: Cleveland County Water First Broad River Reservoir 21b. County: Cleveland 2c. Nearest municipality / town: Lawndale 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: NA 31b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form —Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: 4b. Name: Clyde Smith, Manager 4c. Business name (if applicable): Cleveland County Water 4d. Street address: 439 Casar Lawndale Road 4e. City, state, zip: Lawndale, NC 4f. Telephone no.: 704 - 538 -9033 4g. Fax no.: 704- 538 -9011 4h. Email address: manager @ccsdwater.com 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): NA, see attached map 1b. Site coordinates (in decimal degrees): Latitude: 35.43402 Longitude: - 81.56781 (M.DDDDDD) (- DD.DDDDDD) 1c. Property size: 1500+ acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to First Broad River proposed project: 2b. Water Quality Classification of nearest receiving water: WS III 2c. River basin: map is available at Broad River http://h2o.enr.state.nc.us/admin/maps/ 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: Forested mostly with some land under agricultural use; several road crossings and a few houses within the project area See attached EA 3b. List the total estimated acreage of all existing wetlands on the property: < 5 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 24 miles 3d. Explain the purpose of the proposed project: Water supply for Cleveland County Water 3e. Describe the overall project in detail, including the type of equipment to be used: CCW proposes to build a reservoir on the First Broad River upstream of the water treatment plant to ensure a supply of water for its customers. Planning encompasses the needs for the next 50 years with projected growth of population and business in the CCW service area. An earthen core dam and emergency spillway will be constructed. Water will be released from the dam for the environment and water withdrawal by CCW and Shelby for the water supply needs. Page 3 of 11 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 El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Fish and Wildlife Associates, Inc. Name (if known): Pam Boaze, Ben Laseter, Charles Lawson Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. COE personnel have reviewed field delineations of representative wetlands in the project area. 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. Permit application was made to COE in 2005 and work on the EIS is ongoing 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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 ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: See attached EA 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 ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ 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:See Attached EA Page 5 of 11 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 ❑T 03 ❑P ❑T 04 ❑P ❑T 0. 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. Pond ID Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland number of pond (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. 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 E] 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 ❑T El Yes ❑ No B2 ❑P ❑T ❑Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See attached EA b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See attached EA 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ® Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu 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 Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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. See attached EA 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? If yes, you will have to fill out this entire form — please contact the State for more information. El 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 8 of 11 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? 1b. 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? <1 % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Best Management Practices will be employed during clearing to protect the streams and rivers from sediment inputs. There will be stormwater management at the dam site to control sediment entering the river as this would impact the water treatment facility. No stormwater plan has been developed as yet. This will be available when the engineering plans for the dam construction have been finalized. ❑ 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? ❑ 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 4a. Which of the following state - implemented stormwater management programs apply ❑ HOW ❑ 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 9 of 11 PCN Form — Version 1.3 December 1 0, 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 letter.) ❑ Yes ® No Comments: EIS is in preparation. Input from DWQ and State is requested via this permit application. 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 project plans only for anticipated growth of business and population. The lake would fall under the water supply regulations and a 100 foot buffer will be required. Due to the topography of the area, housing development on lands adjacent to the lake would be on ridges and bluffs overlooking the lake, with the exception of the upper end. CCW proposes to control access to the lake through establishment of one or two boat launch areas, to establish one or more large tracts of land adjacent to the lake to be placed in permanent wildlife conservation status, and to establish a program of stream protection throughout the watershed. 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. NA Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes ❑ No habitat? 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? NC Natural Heritage Program element occurrences, T &E lists for CCW service area, US FW S Critical habitat mapper 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://sharpfin.nmfs.noaa.gov/website/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? Preliminary Phase 1 was conducted by Deborah Joy of Legacy; sign off on methodology for study was obtained from SHPO prior to commencement of work 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: To be determined in consultation with resource agencies 8c. What source(s) did you use to make the floodplain determination? NC Floodmapping Program Cleveland County Water J / � April 30, 2013 �y r � A plicant/Ages Signature nt' Applicant/Agent's Printed Name Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 CLEVELAND COUNTY WATER FIRST BROAD RIVER RESERVOIR PRELIMINARY CONSULTATION PACKAGE Prepared for Cleveland County Water 439 Casar Lawndale Road Lawndale, NC 28090 Prepared by Fish and Wildlife Associates, Inc. P.O. Box 241 Whittier, NC 28789 Revised April 29, 2013 Table of Contents Listof Figures ......................................................................................... .............................ii Listof Tables ........................................................... ............................... ............................iii 1.0 Purpose and Need ........................................................................... ..............................1 2.0 Alternatives Analysis ...................................................................... ..............................2 2.1 Avoidance Alternatives ...................................................... ..............................2 2.1.1 No Action ........................................................... ..............................2 2.1.2 Water Conservation ............................................ ..............................3 2.1.3 Recycle and Reuse of Wastewater ..................... ..............................3 2.1.4 Groundwater ..................................................... ..............................4 2.1.5 Purchase of Water from an existing or proposed Regional Source..4 2.1.6 Request Increase Withdrawal at Existing Intake Site ......................6 2.1.7 Upland Constructed Flow Augmentation Reservoir ........................7 2.2 Surface Water Supply Alternatives ................................... ..............................7 2.2.1 Traditional Reservoir (no pumped storage) ....... ..............................7 2.2.2 Construction of Several Reservoirs ................. ..............................9 2.2.3 River or Stream Intake System (no storage reservoir) ...................10 2.2.4 River or Stream Intake with One Storage Reservoir ....................11 2.2.5 Construction of Several Intakes with Storage Reservoirs ..............12 2.2.6 Increase Size /Yield of Existing Reservoir ....... .............................12 2.3 Minimization Alternatives .............................................. .............................12 2.3.1 Combine Water Conservation With Applicant's Proposal .............12 2.3.2 Combine Groundwater Use With Applicant's Proposal .................12 2.3.3 Reduce the Size of the Reservoir For Applicant's Proposal .......... 13 2.3.4 Continue Use of Existing Water System with Construction of a Smaller Reservoir .............................................. .............................13 2.3.5 Combine Waste Water Flow Augmentation with River Intake ...... 13 2.4 Conclusion ........................................................................ .............................13 3.0 Existing Environmental Resources ............................................... .............................15 3.1 Climate ............................................................................... .............................15 3.2 Topography ........................................................................ .............................15 3.3 Geology ............................................................................. .............................15 3.4 Air Quality ........................................................................ .............................15 3.5 Vegetation Resources ........................................................ .............................16 3.6 Water Resources ................................................................ .............................17 3.7 Wetland Resources ............................................................ .............................17 3 8 Wildlife Resources 18 .......................................................... ............................... 3.9 ....... ............................... Fishery Resources 18 3.10 Endangered, Threatened, and Rare Species ..................... .............................18 3.11 Unique Natural Areas and Scenic Rivers ........................ .............................19 3.12 Hazardous Material Spills .................................. ............................... 19 Table of Contents continued 4.0 Archaeological and Cultural Resources ......................................... .............................20 4.1 Cultural Resources ............................................................ .............................20 4.2 Prehistoric and Historic Archaeological Resources .......... .............................20 4.3 Architectural Resources .................................................... .............................20 5.0 Mitigation ....................................................................................... .............................21 5.1 Avoidance and Minimization ............................................ .............................21 5. 2 ................................. ............................... Mitigation ................................................. .............................21 List of Figures Figure 1. Map for Proposed Reservoir, Cleveland County, NC .......... .............................23 List of Tables Table1 ................................................................................................... .............................24 Table2 .................................................................................................. .............................18 1.0 Purpose And Need Cleveland County Water (CCW) has 57,447 customers comprised of mainly rural residential connections, a few small businesses and some agricultural use during irrigation season. These customers are located in four counties and two states: Cleveland, Rutherford, Gaston, and Lincoln Counties in North Carolina and Cherokee County in South Carolina. CCW has only one water treatment plant and one water intake on the First Broad River near its confluence with Knob Creek. CCW has two emergency connections with the City of Shelby water distribution system and Broad River Water Authority. The purpose of the proposed project is two -fold. First based on the current rate of growth, the CCW has projected that the needs of the County will reach 11 MGD or greater by 2063. The current sources of water and treatment facilities in the County cannot meet this demand under drought conditions, even with mandatory restrictions. Second, the growth of the entire region is such that demands both upstream and downstream by other counties and states are also increasing. In the interest of providing a reliable safe water source and preventing water rights conflicts, it is necessary to begin to establish a regional approach to solving the future water needs and look at the river basin as a whole. The need for this type of planning on both the long and short term was dramatically re- enforced during the recent drought. The First Broad River has an average summer flow of 45 MGD under normal conditions, but during the drought of 1999 -2002, the river dropped to 3 MGD. Since 2000, there have been three droughts, two of which triggered water restrictions. Similar situations occurred throughout the adjacent areas and many water districts faced extreme short falls. The proposed project looks at the future demand, the downstream and upstream needs of the communities on the First Broad River and its tributaries, the minimum flows needed to sustain the river, and the possibility of future drought. With this in mind, the project is designed to provide more than just the immediate and future needs of the CCW. 2.0 Alternatives Analysis 2.1 AVOIDANCE ALTERNATIVES 2. 1.1 No Action The estimated safe yield under non - drought conditions of the Cleveland County Water source is 10.0 MGD. The water treatment plant has a design capacity of six (6) million gallons per day (MGD). The current average daily production rate at the treatment plant is 4.2 MGD. Water demand projections for the County have shown that the plant and withdrawal volume and permitted expansions will be adequate until sometime in the 2030's. However, the request for additional connections escalated during drought and the plant is currently operating at full capacity. During the drought period of 1999 -2002, the summer water supply became limited in the early years and was inadequate during the summer of 2002 for all water supply utilities in the Cleveland County area. In 1992, North Carolina indicated that the safe yield of the river must be reduced to 5.0 MGD at the current intake when river flows are less than 70 cfs. The First Broad River and most other water supplies in the region were unable to provide a safe water yield with the exception of the Catawba River. The Catawba River was able to meet the water supply demands only because the large number of reservoirs on the system provided storage for the water withdrawals. These reservoirs included Lake James, Lake Rhodhiss, Lake Hickory, Lookout Shoals Lake, Lake Norman, Mountain Island Reservoir, and Lake Wylie. The Catawba River water connections will be restricted as a water source due to downstream needs in the Catawba River Watershed and the limitations of interbasin transfer. The No Action Alternative would not impact any additional streams or wetlands; would not impact any land or buildings; and would not impact any rare species during this period. The No Action Alternative would be a short-term measure as planning and design for expansion is now underway as required by the NC Public Water Supply regulations. By the 2020's, costs of land acquisition and construction will be higher, no matter which alternative is chosen. The No Action Alternative also does not address the capacity of the Broad River in drought/low flow conditions, which have caused problems in the past and are likely to be experienced in the future. The selection of this alternative will result in limiting growth within Cleveland County, the inability to supply clean water to those citizens located within the CCW service area, and lack of service to other municipalities in the region. Limiting growth will result in decreased employment opportunities for the residents of the County and will require increased dependence on already taxed ground water supplies to meet the demands for future residential development. The lack of an additional water supply and the limited growth could result in the degradation of the quality of life for the current county residents due to limited employment possibilities. 2.1.2 Water Conservation Cleveland County Water has a program of voluntary water conservation at all times and a mandatory program of water conservation during periods of drought. The program restricts the watering of lawns and gardens in the District. This program was used extensively in the summers of 1999 -2002 during the drought period. The District experienced a decrease of water usage during this period and usage remained depressed after the mandatory conservation was removed. Public acceptance of this alternative is minimal except during periods of drought. Mandatory conservation levels required enforcement efforts. The conservation program did not lower the water usage to the extent where no expansion of the water supply would be needed, especially during drought conditions. Outside District sources of water supply had to be found and used during the summer of 2002 even with the mandatory conservation program in place. CCW has used incentives for reducing flows, including low flow plumbing (toilets) and education on repairing water leaks within the residence. There has been little reduction in demand. Although water conservation would limit environmental impact, the implementation of a water conservation program will not negate the demand for an additional water supply in the future. An aggressive water conservation plan will only extend the time frame when an additional supply is required. Typically, a water conservation plan for a system with predominately residential customers like CCW will result in a 10% or less decrease in water usage. No other measures were available to increase the water conservation program. Based on the conditions experienced during the drought of the 1999 -2002, water conservation measures may meet a portion of the water demand needs in the future, but will not be adequate for all of the needs. Community interest or commitment to the program is acceptable for short terms and for well - publicized environmental limitations on the water supply. The CCW will continue to promote the use of the conservation program but predicts it will address only a small percentage of the future demand. 2.1.3 Recycle and Reuse of Wastewater CCW has no wastewater plant. The producers of treated wastewater are outside of the District (Shelby W WTP). This limits the ability of CCW to implement a program of recycle and reuse of wastewater on a large scale. This alternative will not result in a decrease in demand for the CCW. Recycling efforts are encouraged by both County and State in such commercial activities as cooling water systems, car washes, and other heavy users of water. CCW has only small, low volume customers for water, which do not lend themselves to recycle and reuse programs. CCW proposed the recycling of water used to backwash the water treatment filters by returning it to the pond for reuse. The state would not approve this measure due to health concerns. 2.1.4 Groundwater Groundwater sources for potable water in the Piedmont of North Carolina are not large and are not consistent in volume. There are no aquifers of large enough capacity to serve large municipal systems in the Cleveland County area. As shown by studies in the NC Piedmont area for the Randleman Dam, large numbers of wells over a large area are required to supply an equivalent amount of water to a reservoir. Draw down of the water table impacts local surface water features (wetlands and streams), impacts neighboring well yields, and demands the most water at the driest season, further dropping the water table and increasing the associated impacts. Smaller communities and individual residences and businesses are served by well water in the area. The largest community in the area served by ground water wells is Fallston, NC, which draws approximately 150,000 gpd from multiple groundwater wells in the area. This was supplemented regularly with up to 30,000 gpd for maximum demand periods from the Cleveland County Water during the 1992 -1997 period. This alternative is not a feasible or reliable alternative water supply source in the long term for CCW for the amount of safe water yield that is required. 2.1.5 Purchase of Water from an existing or proposed Regional Source City of Shelby The City of Shelby has a 12.0 MGD water treatment plant that utilizes the First Broad River as its water source. Cleveland County Water has an emergency use agreement and pipeline connection in place with the City of Shelby. Up to 321,000 gpd for 10 days for emergency use can be supplied by the Shelby system to the CCW. Shelby has limited the volume available to CCW, and the pipeline connection is also constrained by the 12" pipe connection between the two systems. During the drought, Shelby Utilities had to construct an emergency intake line to the Big Broad River to supplement their water intake on the First Broad River. Shelby also constructed an emergency pipeline connection with Kings Mountain in 2002. Long term availability of the Shelby connection for enough water volume for the CCW is questionable and Shelby has indicated no desire to expand the amount available to CCW. Kings Mountain The Town of Kings Mountain owns Moss Lake, which provides potable water for the Town. Current average daily demand is 7.0 MGD. The published safe yield of Moss Lake is 20 MGD. However, the past drought conditions have resulted in a drop of lake level to unacceptable levels. These low levels and the relative small drainage area for the lake have resulted in the North Carolina Public Water Supply Section and others questioning the published safe yield of the reservoir. There currently is direct pipeline connection between the Town and CCW. The Kings Mountain contract with the CCW does have a clause that states Kings Mountain can refuse to provide water to the CCW at anytime. Growth is expected to occur in the Kings Mountain service area at the same rate as the CCSD. The predicted demand in 2010 will be 7.9 MGD. That leaves approximately 7.0 MGD that may be available for sale to other systems, if the distribution system is adequate and if the Town of Kings Mountain allows the sale. The Town of Kings Mountain has indicated that their supply is for Kings Mountain customers only and has not expressed interest in providing water to the community outside of their jurisdiction. City of Hickory The City of Hickory Water System may provide a possible source of water from the Catawba River. The City of Hickory operates a 30.0 MGD water plant that utilizes the Catawba River (Lake Hickory) as a raw water supply. Based upon current demands, the City of Hickory has the ability to supply up to 8.0 MGD for future demands. Future additional water supply demands for Cleveland County are estimated to be 34.0 MGD for those suppliers utilizing the First Broad River. Available supply from the river during the 2002 drought was less than 3 MGD. Therefore, the purchase of up to 28.7 MGD of finished water would be required from the City of Hickory in the future to meet the projected water demands for Cleveland County. The City of Hickory does not currently have available excess capacity to provide this demand. However, it may be feasible to expand the existing water plant to meet some of these proposed demands. Improvements to both the City of Hickory and the Catawba County water distribution systems will be required to transport the quantity of water required to meet future demands to the Cleveland County Water system. Preliminary project cost estimates for improvements to deliver 16.0 MGD as an initial phase are $14,164,000. This cost does not include any cost associated with the upgrade or expansion of the City of Hickory water plant. In addition to the cost for the major improvements to the existing water distribution systems the City of Hickory, Catawba County and the CCW would have to request special permission from the North Carolina Environmental Management Commission to transfer the requested amount of flow from the Catawba River basin to the Broad River basin under the North Carolina inter -basin transfer rules. There is an interbasin transfer in place already where an average of 1.47 MGD withdrawn from the Kings Mountain system is discharged into the Catawba River (LWSP, 1997 data). During the drought years of 2001 and 2002, municipalities on the Catawba River in NC and SC expressed concern that the Catawba River would not have enough flow to serve all water supply demands and the instream flow requirements. This area is experiencing a high rate of growth, especially between Statesville and Charlotte, and municipalities will not be supportive of water supply interbasin transfers. Other Regional Sources No proposed regional source exists and no combination of existing water authorities is proposed for the area. In the region, reliability of all the other water sources except the Catawba River were shown to be inadequate during the 2002 drought. All water supply authorities in the region required conservation measures and found additional water supply sources to supplement their existing sources in the summer of 2002. Minimum instream flows in the First Broad River and other rivers were not achieved during this period. All of the major rivers in the region are being considered for additional water sources (Big Broad River and Green River for Spartanburg; Big Broad River and Kings Mountain/Moss Lake emergency connection for Shelby; Big Broad River for Forest City and other water systems in SC). This Alternative can address some of the future water needs for the CCW, especially in an emergency situation. This Alternative is not a reliable source of water for future needs due to the costs and the needs of the other individual regional providers who are under pressure to ensure an adequate and safe water yield for their consumers. 2.1.6 Request Increase Withdrawal at Existing Intake Site There is no additional safe yield volume available at the existing intake. CCW's current river intake is located on the First Broad River near Knob Creek. Normal flows of the First Broad River average 45 MGD (70 cfs) and NPDES discharge permits are based on this flow. With CCW eventually withdrawing the maximum permitted amount of 10 MGD and Shelby withdrawing the maximum 16 MGD that the plant can handle, the river is left with 19 MGD. A minimum of 16.2 MGD (25 cfs) below the Shelby WTP intake is required to maintain stream habitat downstream, so there is less than 3 MGD available volume to withdraw. At this maximum permit level, this withdrawal has impacts on all NPDES permit dischargers downstream when the normal water flow drops below 45 MGD. Specifically, the pennitees will be required to remove more pollutants before discharging, increasing the cost of treatment of the wastewater. These costs would have to be absorbed through WWTP customers, creating a cost to the general community not served by CCW. The current plant facility can process 6 MGD with plans in place to expand the facility to 10 MGD in the near future, delaying the need for expansion or new sources for a period of time. This will maximize the withdrawal at the intake as much as possible, delaying the time when additional sources will be necessary. However, this will not address future demands after 2030. Also, the safe yield at the CCW intake has been shown to be as low as 3.0 MGD (4.6 cfs) during the 2002 drought. CCW is addressing as much of the water needs of the county through this option as possible, but it will only address a portion of the needs in the future and not adequately or reliably during times of drought. 2.1.7 Upland Constructed Flow Augmentation Reservoir This alternative is more commonly used in the western states where snow melt provides a source of water volume during the spring months that is used to supply safe water yield during the summer dry months. Flow augmentation reservoirs could be constructed off line as storage reservoirs, filled either by gravity flow or pump storage. Either option would provide the CCW with additional water. Upstream sources in the headwaters are limited in appropriate reservoir sites and are located in areas with High Water Quality streams. The reliability of the source and the amount of water available is of concern in the headwater locations. Further downstream, this alternative would be feasible except in times of drought. An additional considerations are the size of a flow augmentation reservoir needed to help provide 34 MGD, available land, and placement. This is not considered a reliable alternative source for CCW. 2.2 SURFACE WATER SUPPLY ALTERNATIVES 2.2.1 Traditional Reservoir (no pumped storage) A traditional water supply reservoir was considered for the First Broad River. Other rivers in the region were rejected because of size constraints, cost estimates, existing water demands on the system (Broad River), distance to the CCW Water Treatment Facility, or location within other regional utility service areas. First Broad River Reservoir The recommended reservoir would consist of an impoundment of the river that would provide for the in- stream flow needs for those areas located below the proposed reservoir. The proposed project will provide a safe, reliable supply of high quality raw water to meet the long -term needs of Cleveland County. The First Broad River watershed is currently classified for potable water supply and has a classification of WS -III upstream of the CCW intake. This classification will protect and provide a high quality water supply, with adequate capacity to meet future demands for the residents of Cleveland County. The preliminary investigations of the proposed reservoir sites were performed taking into account yearly variability of streamflow, regional effects of evaporation, potential for sedimentation, and minimum downstream release required for the First Broad River. Preliminary studies on several sites were performed to consider the volume, surface area, shoreline, safe yield and number of roads, bridges, cemeteries and schools that would be affected for each site (McGill, 1997, Feasibility Study First Broad River Reservoir). Twc sites on the First Broad River were considered for in depth evaluation for potential reservoir sites. One site was also evaluated at three different pool elevations. The Feasibility Study eliminated one site and one elevation due to cost considerations. A second elevation (880 msl) was evaluated for cost/benefit ratio of safe water yield and cost but is not the preferred alternative. The higher elevation would impound more water but would have a wider environmental impact and impact more properties than the lower elevation. The additional yield from the 880 msl elevation was not considered feasible due to those impacts. The proposed reservoir will be formed by the construction of a dam approximately 3,500 feet up- stream of the Cleveland County Water; current raw water intake. The dam will create a reservoir with a surface area of approximately 1080 acres and will impound those areas below elevation 856 feet msl. The reservoir will have a drainage area of approximately 146 square miles. Depending upon the release rate required to meet down- stream, in- stream flow requirements, the safe yield of the proposed reservoir would be 26.0 MGD. In addition to providing an estimated safe yield for the CCW, the proposed reservoir also provides up to 18.0 MGD of release for withdrawal and treatment by the City of Shelby at their raw water intake. This reservoir would meet the needs of the CCW to provide a reliable water source. Positive impacts resulting from the construction of a reservoir include creation of waterfowl habitat, lake habitat and fishery, increased riparian buffer, water source and foraging opportunities for terrestrial species, more linear shoreline footage, and restricted access of cattle to streams and river which would include health benefits and sedimentation alleviation. The reservoir would also increase recreational opportunities for the public and property values. Negative impacts of the reservoir include a loss of 24 miles of river and stream habitat, 1500 acres of forested or agricultural land, and 1.71 acres of wetlands. Other negative impacts include the effect on the current population of Hexastylis nanii lora which will have to be rescued/relocated, three bridge replacement, loss of one connector road, and additional law enforcement activities required for the reservoir. Mitigation for the takings will include a variety of activities. The minimum amount of buffer around the reservoir will be increased to provide a forested corridor of at least 100' around the entire lake with larger tracts of adjacent land as available. Additional conservation easements on the tributaries and headwaters around the lake and in other areas of the County will be pursued to provide vegetated buffers along all water courses. Erosion and sedimentation control as well as stream restoration will be funded through the NRCS and other appropriate agencies. Recreational projects such as development of a public boat launch area with parking, public bank fishing access, and picnic facilities will be developed in consultation with the Wildlife Resources Commission and Parks & Recreation. Construction of the reservoir will provide for the long -term demands for raw water within the county for the next 50 years. In addition the impoundment will permit the regulation of downstream flows to provide for the protection of existing aquatic habitats and maintain the in- stream flows necessary for the discharge of treated wastewater from those facilities located downstream. This is an important consideration for the First Broad River considering that the instream flows could not be maintained in the three drought conditions since 2000. The various options for surface water supply alternatives have one common component. The water will have to be obtained from the First Broad River drainage basin. The Broad and Catawba Rivers have numerous demands for water supply from other municipalities both in state and out of state. The capacity to supply all demands is not present. Therefore, the alternatives that are under consideration involve the same water source. If the water is from one on -line reservoir, a storage facility, on -line reservoirs in the tributaries, or multiple storage reservoirs, the water comes from the same system. Instream flow needs and stream flow protection can only be achieved by construction of one or more reservoirs with sufficient capacity to augment flow during drought or even normal low flow periods. 2.2.2 Construction of Several Reservoirs Broad River Reservoir(s) Because of the constraints noted under Traditional Reservoir and River Intake System sections, the Broad River has no excess capacity and will be used by several other utilities. These Water Systems have not expressed interest in a regional impoundment on the Broad River. A reservoir on the Broad River is not under consideration by the CCW because of these reasons. First Broad River Reservoir(s) All other streams in the CCW are in the First Broad River watershed and as such, would not add to the total volume of water flow or safe water yield for the District in conjunction with the Preferred Alternative. Multiple reservoirs in the First Broad River Watershed would only be a replacement option to the one main dam. The construction of several reservoirs would spread out the impacts of impoundments so that each impoundment would be a smaller impact on the environment. However, in order to achieve the same amount of safe water yield, it would be necessary to build several reservoirs. These reservoirs would be spread outside of the area where one reservoir would impact, increase the communities involved, impact more landowners, and shift the obstructions to aquatic life to the smaller streams. There would be an increase in cost for maintenance of the dams, piping and pumping the water from the individual reservoirs to the water treatment plant. The CCW as well as each of its customers could construct their own reservoirs. This alternative would likely result in smaller environmental impacts per reservoir; however, overall it is likely that the cumulative impacts of all the reservoirs may be greater. CCW customers are mainly residential or small commercial facilities. Building reservoirs for each customer in this case is not practical. Building small reservoirs in each community is possible. This would increase the cost because of the number of construction sites and the additional water treatment facilities. CCW service area does not lend itself to centralized smaller water treatment plants. This option would not address the problems of minimum flow in the First Broad River during normal low flow or drought. It is predicted that the diminution of tributary flows would exacerbate the instream flow problems in the First Broad River. Also, there is a consideration of the impacts due to drying up a small reservoir seasonally and the increased turbidity as water levels fall requiring additional treatment at the water plant. 2.2.3 River or Stream Intake System (no storage reservoir) First Broad River The current CCW uses a river intake system on the largest river system in their service area. As noted under #6 in Avoidance Alternatives, between CCW and the City of Shelby, the First Broad River will have no excess capacity in the future. The river has already experienced a lack of safe water yield during periods of drought. Broad River The only other river of appropriate size in the region that would be cost effective for municipal water intakes is the Broad River. This would consist of the construction of a new run of the river type intake on the Broad River and the utilization of the river for a raw water supply in addition to the First Broad River. The Broad River was reclassified for use as a water source for the Town of Forest City. Water quality of the Broad River is certainly not equal to that of the First Broad River. A number of wastewater treatment facilities utilize the river for the disposal of their effluent upstream of the proposed intake location. In addition, non -point source pollution from stonnwater runoff is greater than that of the First Broad River watershed as a result of the type of development within the watershed. Several problems are a concern with the long -term dependence of the Big Broad River. The first and most important will be the available safe yield of the river. The City of Shelby needs a projected 12.47 MGD for future use. During 2002, only 1.5 MGD was available from the First Broad River at the City's intake. Therefore, the development of the Big Broad River as the future water supply will not provide sufficient water to meet the City's projected demands nor be available to address the needs of CCSD. It should be noted that the 1.50 MGD of available supply estimated from the First Broad River in 2002 did not include flow releases for in -stream aquatic habitat demands as recommended by the division of Water Resources. It is also unclear at this time the impact other additional demands for water from the Broad River will have on the amount of water available for the City of Shelby and Cleveland County. The Town of Forest City has indicated the desire to develop an intake on the river upstream of Cleveland County and withdraw up to 12.0 MGD. They have implemented the process of reclassification for the watershed upstream of their intake location. The Broad River Water Authority, City of Gaffney and the City of Spartanburg, South Carolina have also expressed interest in future utilization of the river for water supply. With the other regional demands on the Broad River, this alternative is not considered a viable option for the CCW. 2.2.4 River or Stream Intake with One Storage Reservoir This alternative would consist of the construction of a reservoir located near the existing Cleveland County Water Treatment plant. The reservoir would not be a run of river type reservoir impounding the First Broad River. However, due to topography of Cleveland County, this "off- stream reservoir" would impound some existing stream. Sufficient land is not available to provide an "off- stream reservoir" to provide the 34 MGD safe yield of the larger run of the river reservoir. An area of approximately 850 acres is required to construct an "off- stream reservoir" of sufficient usable capacity to supply this type of safe yield. The location of this size of upland tract would be difficult to find which would minimize the impact to streams, existing farm land, homes, and roadways. Therefore, a scenario was developed where an upland "off- stream reservoir" could be constructed to provide a minimum safe yield of 11.0 MGD for a period of three (3) months, based upon low flows in the First Broad River. A site was located just north of the existing plant that could possibly serve the purpose of this alternative. A reservoir with a surface area of 700 acres could be developed in this location. The reservoir would be maintained at full pool elevation during periods of normal to high flows by pumping water from the First Broad River to the reservoir. This will require that the existing CCW raw water pump station be upgraded to include larger pumping units. During periods of low flow in the First Broad River, raw water would flow from the "off - stream reservoir" through a 36" raw water line to the water treatment plant. The reservoir would be designed to have sufficient holding capacity to provide a safe yield for the water treatment plant of 11.0 MGD. Available water from the First Broad River would be withdrawn from the river and pumped to the reservoir for storage prior to usage. The actual amount of water available for withdrawal from the First Broad River during low flow periods must be determined by joint agreement between the North Carolina Division of Water Resources, Division of Water Quality, Fish and Wildlife Service, and other regulatory agencies. However, based upon the most recent drought period, there could be times when no withdrawal would be available form the river basin. This reservoir would impact approximately 5 miles of Crooked Run Creek or its tributaries. Construction will also impact approximately one half mile of existing roadway which will require improvements to raise the level of the roadway to prevent flooding. The reservoir would impound Crooked Run Creek and have supplemental water pumped from the First Broad River. This alternative will provide only for the average daily demands of the CCW and does not provide for the water demands of the other public water supply systems in the county. Therefore, it does not meet the goals that were established in the purpose and need of this project. Nor will it insure a release of minimum flow in the First Broad River during low flow or drought periods. Per H.B. 609, all new reservoirs must release to down stream water suppliers. An off stream reservoir will not be adequate. 2.2.5 Construction of Several Intakes with Storage Reservoirs This alternative is not feasible due to lack of suitable areas to construct reservoirs along the First Broad River upstream of the CCW water treatment facility and the cost of pumping facilities for each reservoir. 2.2.6 Increase Size /Yield of Existing Reservoir Not applicable in the case of CCW as there is no existing reservoir. 2.3 MINIMIZATION ALTERNATIVES 2.3.1 Combine Water Conservation With Applicant's Proposal The water conservation program will continue to be in place as a voluntary program, which has public acceptance. Efforts to expand the conservation program will continue, but even at the most successful, water conservation will not be able to minimize the amount of water supply by any appreciable amount. A stricter, more mandatory program would not be acceptable to the public, especially to the extent of not expanding the water supply. 2.3.2 Combine Groundwater Use With Applicant's Proposal Groundwater can be used for individual residences in areas where groundwater pollution is not a problem. Small users are most cost effective for groundwater sources in the county. There are no large aquifers, so the CCW would have to utilize multiple wells in numbers and locations all through the county to create a groundwater source to supplement the river intake. This system of widespread wells would not be cost effective due to pumping, piping, and chlorination needs. 2.3.3 Reduce the Size of the Reservoir For Applicant's Proposal CCW proposes to build the reservoir at the minimum elevation (860 msl) that will provide the safe water yield that is needed for growth in the county. Other higher elevations were considered, but would not provide a reasonable yield based on costs and would impact a greater area without additional benefits acceptable to the community and landowners. 2.3.4 Continue Use of Existine Water System with Construction of a Smaller Reservoir Construction of a smaller reservoir is limited by several constraints — the minimum hydraulic elevation to supply water to the existing water treatment plant is 839 msl, the smallest impoundment possible. Evaluating the safe water yield at 850 msl, the safe yield would be 19.0 MGD to the CCW system. This yield would not be adequate for CCW, City of Shelby and instream flow requirements. At an elevation of 860 msl, the safe yield increases to 34.0 MGD, which is adequate to provide flows for all uses downstream. Higher elevations were only considered for the additional cost benefit and were not found to be feasible. The smallest reservoir possible to achieve the needs of the CCW and insure instream flow was proposed 2.3.5 Combine Waste Water Flow Augmentation with River Intake No wastewater flows are available for augmentation of the water supply in the CCW service area. 2.4. CONCLUSION The CCW has carefully considered the various alternatives presented above to determine how each could be implemented to fulfill the purpose and need. Table 2 presents the information for the various alternatives in tabular form for comparison. Only two alternatives are considered feasible from an economic and environmental standpoint. These are the traditional reservoir and the river intake with one storage reservoir. The traditional reservoir will provide more water for multiple uses over a longer period of time than the storage reservoir. The traditional reservoir will provide 34 MGD year round as compared to 11 MGD for 3 months during low flow periods. The traditional reservoir will provide water for downstream users and maintain the minimum flows needed in the river while the storage reservoir will not be able to provide any water for downstream needs. Cost will be greater to construct the traditional reservoir, $36M as compared to $22M. Other factors to consider include the environmental impacts and the effect of conversion of stream to lake habitat. The traditional reservoir will impact substantially more stream length, converting 24 miles of streams to lake habitat while the storage reservoir will only impact 5 miles of stream. The traditional reservoir will impact one population of the federally threatened plant, Hexastylis naniflora, requiring plant relocation. There are fourteen small wetland areas within the area to be flooded by the traditional reservoir, totaling 1.714 acres. These impacts would be offset by the creation of lake habitat that will provide other species with suitable nesting and feeding sites, such as waterfowl and eagles. The fishery will change from a stream to a lake, providing recreational opportunities not previously available. The riparian buffer will be enlarged and protected. Other measures will be taken to improve and protect water quality on the First Broad River. The river intake with a storage reservoir will have less environmentally adverse effects. The storage reservoir will have similar benefits, but less extensive, in providing habitat for species that utilize lakes. There will be no adverse effect on threatened or endangered species. The trade off will be a smaller water supply, no emergency backup, no instream releases for the First Broad River, and no regional considerations. 3.0 Existing Conditions 3.1 Climate The region has a moderate climate with an average annual temperature of approximately 59 degrees F and average annual precipitation of about 48 inches. The frost -free season is approximately 182 days and there is no prolonged wet or dry season. Climate changes in the last decade show an increase in drought frequency and a lower water table. Whether this is the "new normal' or not will only be determined by time. Right now, there is a two -three year recurrence of drought conditions and water restrictions. 3.2 Topography The headwaters and major tributaries of the Broad River begin in the Blue Ridge Mountains of western North Carolina and flow through the foothills and piedmont of North Carolina before entering South Carolina. The Piedmont is an uplifted peneplain in various stages of dissection, with a general slope from the mountains on the west to the coastal plain on the east. In most of Cleveland County, the topography consists of rolling to hilly lands. In the area of northern Cleveland County, the mountain ridges feed headwaters of tributaries to the First Broad River. The project elevation starts at 880 feet in northwestern Cleveland County to approximately 790 feet near Lawndale at the proposed dam. Local relief ranges from 120 to 210 feet and averages 200 feet. Generally, the primary impact area of the First Broad River Reservoir project is characteristic of the regional piedmont physiographic province. The land use in the First Broad River sub -basin is primarily forested with 74% wooded, 22% in pasture, 2% urban, and the remaining 2% in water or cultivated. 3.3 Geology The proposed project area is underlain by rocks of the Inner Piedmont belt, which is the most intensely deformed and metamorphosed segment of the Piedmont, including metamorphic rocks ranging from 500 to 750 million years in age. They include gneiss and schist that have been intruded by younger granitic rocks. Crushed stone for aggregate and building construction is the principal commodity associated with these formations; however, the mineral resources are relatively unimportant to the economy of the area. 3.4 Air Ouality The North Carolina Administrative Code and the Clean Air Act Amendments of 1990 establish ambient air quality standards for ground level concentrations of various air pollution parameters. Cleveland County is currently classified as an attainment area, meaning that ambient air quality standards are being met. 3.5 Vegetation Resources Plant Communities within the boundaries of the proposed Cleveland County Reservoir were surveyed in October 2004 following the 860 foot elevation contour of the First Broad River and its tributaries. The topography ranges from broad alluvial flats to extremely steep slopes. Much of the land is being used for agriculture, leaving relatively narrow strips of natural vegetation along the river and streams. Even the "natural" vegetation has been disturbed by logging or grazing in many places, significantly altering its appearance and species composition. Much of the forest vegetation above the floodplain consists of young, early - successional stands. Four plant communities were identified, using Schafale and Weakley's Classification of the Natural Communities of North Carolina, Third Approximation (1990). These four communities are distributed roughly in narrow bands, starting at the river and moving outward and upward. There is some blending of communities where they meet. On some steep slopes, the bands are so narrow that they may not all be distinct. By far, most of the natural vegetation remaining within the impoundment zone is Piedmont / Low Mountain Alluvial Forest. This community occupies all of the floodplain of the river and its tributaries. It is dominated by river birch (Betula nigra), tulip poplar (Liriodendron tulipifera), sycamore (Platanus occidentalis), red maple (Acer rubrum), and black walnut (Juglans nigra) in the canopy. Box elder (Acer negundo), ironwood (Carpinus caroliniana), and American holly (Ilex opaca) are common in the understory. These understory species also dominate the shrub layer except where they have been displaced by invasives such as Chinese privet (Ligustrum sinense), multiflora rose (Rosa multifora), and Japanese honeysuckle (Lonicera japonica). Doghobble (Leucothoe fontanesiana) is sometimes present on stream banks. River cane (Arundinaria gigantea) occurs sporadically. Herbs are probably numerous and abundant, but few were evident following the recent floods. Poison ivy (Toxicodendron radicans) is plentiful. Mesic Mixed Hardwood Forest -- Piedmont Subtype occurs just above the Alluvial Forest, especially on gentle to moderate, moist slopes. Its canopy is dominated by tulip poplar, beech (Fagus grandifolia), red maple, and red oak (Quercus rubra). Basswood (Tilia americana var. heterophylla) is sometimes present. The understory contains flowering dogwood (Corpus forida), red maple, American holly, and box elder. The shrub and herb layers have been modified by grazing. Holly is often the dominant shrub. Christmas fern (Polystichum acrostichoides) is a conspicuous herb. Dry - Mesic Oak - Hickory Forest is usually found above the Mesic Hardwood Forest, where conditions are a little drier, but still somewhat moist. White oak (Q. alba), red oak, and various hickories (Carya sp.) dominate the canopy. Pines ( Pinus sp.) may be present, especially on disturbed sites. The understory includes red maple, flowering dogwood, sourwood (Oxydendrum arboreum), black gum (Nyssa sylvatica), and American holly. The shrub layer is usually sparse, partly as a natural condition and partly because of grazing. Holly is often the dominant shrub. Herbs are few and sparse. Dry Oak- Hickory Forest occupies the driest sites. It is found mainly on steep, exposed, sunny slopes. The canopy is dominated by white oak, southern red oak (Q. falcata), and a mix of pine species. Some hickories and other oaks are occasionally present. Sourwood, black gum, and American holly are common understory species. Holly is the dominant shrub on these sites, probably because of disturbance. Herbs are few and sparse. Very little of this community is present. 3.6 Water Resources The First Broad River is the largest watershed within Cleveland County and drains most of the county into the Broad River Basin. The Broad River drainage basin in North Carolina contains approximately 1,513 square miles (968,320 acres), with approximately 240 square miles (153,600 acres) lying within the First Broad River basin. From the confluence of the Broad and First Broad, the river flows southeast into South Carolina, north of Gaffney, and joins the Saluda River to form the Congaree River at Columbia, South Carolina. The river eventually joins with the Wateree River prior to reaching the Atlantic Ocean as the Cooper River at Charleston, South Carolina. The North Carolina Division of Water Quality has described water quality in this sub - basin as good. Benthic macroinvertebrate data from three (3) sites on the First Broad River have all resulted in good bioclassifrcations. Hickory Creek in Shelby is the only stream in this sub -basin that has been identified as impaired. The First Broad River watershed is currently classified for potable water supply and has a classification of WS- III upstream of the CCSD intake. The First Broad River Reservoir would impound 24 miles of river and streams. This includes 12 miles of river habitat and 12 miles of stream habitat. All streams were evaluated for perennial or intermittent status. Minimal information was collected during the preliminary assessment, including bank height, width, water depth if present, and connection to the receiving stream or river. 3.7 Wetland Resources Fifteen areas were found during the stream and river pedestrian surveys that were deemed potential wetlands. Fourteen of these were delineated. Each of these was less than an acre in size, but cumulatively encompass 1.714 acres. The other wetland could not be delineated at the present time. This wet area was acquired by the state and is in presently being studied to determine whether or not wetlands will be present when revegetated. The 860 elevation line passes somewhere through the middle of this area. Table 2. Wetlands within the boundaries of the proposed First Broad River Reservoir 860 msl Site Coordinates Latitude Longitude Cowardin Classification Acreage W 1 35.44984 N 81.57933 W PFO1 0.002 W 2 35.43582 N 81.58974 W PFO1 0.11 W 3 35.44094 N 81.59240 W PFO1 0.17 W 4 35.44898 N 81.60383 W PFO1 0.01 W 5 35.44941 N 81.60383 W PFO1 0.005 W 6 35.44994 N 81.60337 W PFO1 0.22 W 7 1 35.45380 N 81.61328 W PSS1 0.84 W 8 35.44210 N 81.61052 W PFO1 0.19 W 9 35.44156 N 81.61308 W PSS1 0.007 W10 35.44757 N 81.61648 W PSS1 0.01 W 11 35.44996 N 81.62551 W PSS1 0.09 W 12 35.44980 N 81.62827 W PFO1 0.01 W 13 35.44196 N 81.62912 W PFO1 0.05 W 14 35.44937 N 81.64591 W PSS1 TBD W 15 35.44930 81.35.44898 PFO1 0.05 3.8 Wildlife Resources No unique wildlife resources are known to exist in the project area. The riparian zone of the First Broad is continuously wooded in a narrow band providing a wildlife corridor. 3.9 Fishery Resources The fishery resources will be surveyed in 2005 in both the river and the tributaries. Preliminary investigations note that the river supports a warm water fishery with sunfish common in the river. NC DENR fish surveys conducted in the year 2000 in wadable streams of this river basin found 13 to 15 fish species in tributaries to the First Broad River. These species included 2 -3 species of darters, 2 species of suckers, and 1 species of sunfish/bass /trout. Both sites had lower than expected fish species and only one species of sunfish was present in both streams. No piscivores were present in either stream. 3.10 Endangered, Threatened, and Rare Species The North Carolina Natural Heritage Program lists 33 rare species for Cleveland County. This includes 4 federally listed species: 0 endangered, 1 threatened, and 3 species of concern. The federally threatened small- flowered heartleaf, Hexastylis nanii fora, was found along several tributaries of the First Broad River. The three federal species of concern included the Diana fritillary (Speyeria diana), Sweet pinesap (Monotropsis odorata), and Carolina saxifrage (Saxiaga caroliniana). None of these species were observed during the various field investigations. Host plants, violets, for the Diana fritillary are present in the project area. State species of concern include two crayfish found in the Broad River basin: Broad River Stream Crayfish (Cambarus lenati) and Broad River Spiny Crayfish (Cambarus spicatus). The tributaries of the First Broad River that will be impacted by the project were surveyed for crayfish in the spring of 2005. C. spicatus was found in several tributaries, but no C lenati was found. 3.11 Unique Natural Areas and Scenic Rivers There are no designated natural areas or scenic rivers within the project boundaries. 3.12 Hazardous Material Spills Dewey C. Cook, Emergency Management Director for Cleveland County, researched cad dispatch records and found no recorded incidences of hazardous material spill along or adjacent to the First Broad River in the area between the CCW plant and NC 226. This includes all tributaries that flow into the First Broad River within the area specified. No service stations are located in the area and no underground tank removal permits have been issued for this area. 4.0 Archaeological and Cultural Resources 4.1 Cultural Resources The First Broad River Reservoir, Cleveland County, NC has relatively few known cultural resource sites. Archaeological and architectural surveys have been conducted to identify archaeological and architectural resources in the project area, and where possible, to determine if these resources are potentially eligible for inclusion in the National Register of Historic Places. 4.2 Prehistoric and Historic Archaeological Resources No previous comprehensive survey of Cleveland County had been done. Few sites have been recorded in the county and none within the project boundaries. A Phase I archaeological survey of the area within the present project boundary was performed (Joy and Carruth, July 2003). Of the 1200 acres, approximately 100 acres is existing waterway. Landowners denied permission to survey on 206 acres, or approximately 20 %. Of the remaining 894 acres, a total of 790 acres, or 72% of the total 1100 acres was surveyed. The survey in the proposed project flood pool consisted of surface reconnaissance and subsurface shovel testing. There were sixteen (16) archaeological sites identified within the study area, with seven sites historic and nine sites prehistoric. An evaluation of all sixteen sites was made on potential eligibility for the National Register of Historic Places (NRHP) and two sites met the criteria. Both of the potentially eligible sites were prehistoric sites and if they cannot be avoided during the project, then additional archaeological work will be needed. In addition, those properties that were inaccessible due to landowners refusing permission to survey, will need to be surveyed after acquisition. 4.3 Architectural Resources No architectural resources were identified within the project area. 5.0 Mitigation Plan The environmental consequences of constructing a large reservoir can potentially have very extensive effects on the aquatic and terrestrial resources. The proposed reservoir on the First Broad River has the advantage of relatively few permanent impacts to wildlife and aquatic communities since the lake will not flood out over flat land, but rather rise within the banks and adjacent slopes. There are three species of concern in the project area, 24 miles of stream habitat, 1500 acres of forested /agricultural land, and 0.06 acres of wetland that will be affected by the project. 5.1 Avoidance and Minimization Avoidance measures will include protection of the river during construction activities. A buffer will be maintained along the river during the clearing phase. Appropriate Best Management Practices will be employed to minimize impacts to the river during construction of the dam. Sediment basins /traps, check dams, and diversion will be utilized as appropriate to control erosion and sedimentation. Access roads will be restricted and kept to a minimum. 5.2 Miti ag tion Mitigative measures will address the species of concern, the loss of stream in the dam footprint, the conversion of stream to lake aquatic habitat, and the loss of terrestrial habitat. Consultation with the US Fish and Wildlife Service will be initiated concerning the Hexastylis nanii fora population present within the project area. Depending on the decision reached, the plants may be moved upslope, but within the same general locale. Or, the plants may be relocated to another site along a stream where suitable habitat exists. Wildlife habitat will be maintained by establishment of a forested buffer around the new reservoir. The minimum amount of buffer will be increased to provide a forested corridor of at least 100' around the entire lake with larger tracts of adjacent land as available. Any plantings will be limited to native species with emphasis on value to wildlife. Land acquisition will result in many tracts being larger than just the amount needed for the reservoir. These lands will be maintained as natural areas, forested or allowed to return to forest, managed as gamelands in conjunction with the NC Wildlife Resources Commission. Such areas will be held by the County for public use. A lake fishery will be developed in the new reservoir in cooperation with the NC Wildlife Resources Commission. Many of the fishes present in the river will be able to survive and flourish in the lake. As construction of the reservoir progresses, fish habitat will be developed along the shoreline. Fish attractors, such as logs and partially submerged snags, will provide cover. Inundated plants in the upper end of coves will provide both shelter and spawning areas. Selected trees may be retained to provide roosting and nesting sites for ducks, eagles, kingfishers, and similar species. Additional conservation easements on the tributaries and headwaters around the lake and in other areas of the County will be pursued to provide vegetated buffers along all water courses. Erosion and sedimentation control as well as stream restoration will be funded through the NRCS and other appropriate agencies. Recreational projects such as development of a public boat launch area with parking, public bank fishing access, and picnic facilities will be developed in consultation with the Wildlife Resources Commission and Parks & Recreation. Insert Map 5t Table 1. Streams within the First Broad River Reservoir Project Area Name Map Location Status Length Symbol Let Long (miles) First Broad Ricer Perennial Unnamed Tributary S -2 35.43287 81.57085 Perennial 0.30 Unnamed Tributary S -3 35.43398 81.57290 Perennial 0.35 Crooked Run Creek 35.43784 81.57457 Perennial 1.87 Unnamed Tributary S-4.1 35.44846 81.57640 Intermittent 0.17 Unnamed Tributary S -4.2 35.44876 81.57957 Perennial 0.28 Unnamed Tributary S-4.3 35.45095 81.58299 Perennial 0.32 Unnamed Tributary S -4.3.1 35.45559 81.58221 Intermittent 0.06 Unnamed Tributary S -4.4 35.45152 81.58458 Intermittent 0.14 Unnamed Tributary S-4.5 35.45278 81.59068 Perennial 0.47 Unnamed Tributary S-4.6 35.45442 81.58991 Intermittent 0.06 Unnamed Tributary S-4.7 35.45592 81.58802 Perennial 0.02 Grassy Branch - 35.43871 81.58062 Perennial 1.72 Unnamed Tributary S -5.1 35.43531 81.58618 Perennial 0.08 Unnamed Tributary S5.2 35.43333 81.58955 Intermittent 0.13 Unnamed Tributary S -5.3 35.43173 81.58924 Intennittent 0.33 Unnamed Tributary 35.44470 81.58351 Intermittent 0.09 Unnamed Tributary S -7 35.44083 81.58872 Intermittent 0.07 Unnamed Tributary S-8 35.44122 81.59101 Perennial 0.40 Unnamed Tributary S -9 35.44313 81.59302 Intermittent 0.34 Unnamed Tributary S -10 35.44398 81.59778 Perennial 0.29 Unnamed Tributary S -11 35.44229 81.60462 Perennial 0.11 Unnamed Tributary S -12 35.44425 81.60589 Intermittent 0.05 Unnamed Tributary S -13 35.44891 81.60343 Perennial 0.10 Unnamed Tributary S -14 35.44903 81.60388 Perennial 0.14 Stoney Run Creek -15 35.44834 81.60642 Perennial 1.10 Unnamed Tributary S -15.1 35.45019 81.60693 Perennial 0.18 Unnamed Tributary S -15.2 35.45197 81.60826 Perennial 0.08 Unnamed Tributary S -15.3 35.45228 81.60932 Intermittent 0.09 Unnamed Tributary S -15.4 35.45544 81.61509 Perennial 0.03 Unnamed Tributary S -15.5 35.45653 81.61762 Perennial 0.02 Unnamed Tributary - 35.44181 81.61038 Perennial 0.16 Unnamed Tributary S -17 35.44166 81.61290 Perennial 0.39 Unnamed Tributary S -18 35.44208 81.61566 Perennial 0.06 Unnamed Tributary S -19 35.44326 81.61929 Perennial 0.13 Unnamed Tributary S -20 35.44837 81.61707 Perennial 0.13 Unnamed Tributary S -21 35.44936 81.61984 Perennial 0.15 Unnamed Tributary S -22 35.44894 81.62072 Intermittent 0.12 Unnamed Tributary S -23 35.44666 81.62347 Intermittent 0.08 Unnamed Tributary S -24 35.44980 81.62827 Perennial 0.18 Unnamed Tributary S -25 35.44389 81.62994 Perennial 0.37 Unnamed Tributary S -26 35.45191 81.63405 Perennial 0.10 mmmlinton Creek S-27 35.44816 81.64898 Perennial 1.18 Unnamed Tributary S -28 35.44339 81.63885 Perennial 0.15 Big Branch 5 -29 Perennial rotal 12.57