HomeMy WebLinkAbout20220855 Ver 1_ePCN Application_20220218Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
OO Yes
O No
Is this project a public transportation project?*
0 Yes 0 No
Change only if needed.
BIMS # Assigned *
20220855
Is a payment required for this project?*
O No payment required
0 Fee received
(;' Fee needed - send electronic notification
Reviewing Office*
Central Office - (919) 707-9000
Information for Initial Review
Version#*
What amout is owed?*
G $240.00
0 $570.00
Select Project Reviewer*
Erin Davis:eads\ebdavis
la. Name of project:
Cardinal Stream Mitigation Project
la. Who is the Primary Contact?*
Katie Webber
lb. Primary Contact Email:*
kwebber@res.us
Date Submitted
2/18/2022
Nearest Body of Water
Buck Branch
Basin
Yadkin-PeeDee
Water Classification
WS-IV, C
Site Coordinates
Latitude:
34.914111
A. Processing Information
Longitude:
-80.477568
lc. Primary Contact Phone:*
(410)279-5741
County (or Counties) where the project is located:
Union
Is this a NCDMS Project
0 Yes @ No
Is this project a public transportation project?*
Yes t% No
1a. Type(s) of approval sought from the Corps:
I Section 404 Permit (wetlands, streams and waters, Clean Water Act)
0 Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
0 Yes
O No
lb. What type(s) of permit(s) do you wish to seek authorization?
CO Nationwide Permit (NWP)
CI Regional General Permit (RGP)
0 Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
OO Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
td. Type(s) of approval sought from the DWR:
RI 401 Water Quality Certification - Regular
C Non-404 Jurisdictional General Permit
C Individual 401 Water Quality Certification
27 - Restoration
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
0 Yes O No
O 401 Water Quality Certification - Express
D Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes G No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes 0 No
1h. Is the project located in any of NC's twenty coastal counties?
O Yes O No
1j. Is the project located in a designated trout watershed?
0 Yes ® No
B. Applicant Information
OYes 0No
0 Yes 0 No
1d. Who is applying for the permit?
O Owner '0 Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
0Yes ®No
2. Owner Information
2a. Name(s) on recorded deed:
Franklin W Howey, JR.
2b. Deed book and page no.:
7279/643
2c. Contact Person:
RES Aster, LLC
2d. Address
Street Address
3516 Pageland Hwy
Address Line 2
City
Monroe
Postal / Zip Code
28111
2e. Telephone Number:
(410)279-5741
State I Province / Region
NC
Country
US
2f. Fax Number:
2g. Email Address:*
kwebber@res.us
3. Applicant Information (if different from owner)
3a. Name:
Katie Webber
3b. Business Name:
RES Aster, LLC
3c. Address
Street Address
3600 Glenwood Avenue
Address Line 2
City
Raleigh
Postal / Zip Code
27612
3d. Telephone Number:
(410)279-5741
3f. Email Address:*
kwebber@res.us
C. Project Information and Prior Project History
State / Province / Region
NC
Country
US
3e. Fax Number.
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Monroe
2. Project Identification
2a. Property Identification Number:
04060004
2c. Project Address
Street Address
3516 Pageland Hwy
Address Line 2
City
Monroe
Postal / Zip Code
28111
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Buck Branch
3b. Water Resources Classification of nearest receiving water: *
WS-IV, C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050504
4. Project Description and History
2b. Property size:
200.35
State / Province / Region
NC
Country
US
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The Mitigation Project is comprised of five unnamed tributaries of Buck Branch that generally flow west southwest and eventually drain into the Yadkin River. The total drainage area for the
Project is 343 acres (0.54 mi2). Drainage areas for each Project reach are: CT1, 107 acres (0.17 mi2); CT2, 29 acres (0.05 mi2); CT3, 152 acres (.24 mi2); CT4, 84 acres (0.13 mi2); CT6,
20 acres (0.03 mi2). The Project drainage area originates above HWY 601, with primary land uses of approximately 67 % agriculture, 17% forest, and 11% residential, while impervious
area covers about 4 % . Much of the land immediately adjacent to the Project is used for agricultural production, mostly used for row crops, which have ultimately contributed to the
degradation of Project streams. Historic and current land -use within the immediate Project area has been primarily agricultural use. These agricultural activities have negatively impacted
both water quality and streambank stability along the streams within the Project.
The resulting observed stressors are streambank erosion, sedimentation, channel modification, and the loss of riparian buffers.
The entire project is made up of agricultural field. Vegetation within the parcel/project area typically includes row crops like soybean, corn, and wheat. No trees are currently located on -
site, and the riparian community is very weak. Riparian buffers are non-existent. While the Project parcel is dominated by agriculture, adjacent parcels contain relatively undisturbed forest
communities.
Historic aerial imagery indicates that a majority of the Project area has been cleared and used as agricultural land since at least 1951. There was a section of forested area in the northern
portion of the Project dating back to 1951 cleared sometime between 2012 and 2014. There was also a small, forested area that existed in the southwestern part of the Project area dating
back to 1961 that was cleared some time between 1969 and 1983. In general, the areas surrounding to the Project have been maintained for agricultural purposes since at least 1951. It
does not appear that the Project streams were intentionally channelized or ditched but have become degraded due to agricultural land use and a lack of riparian buffer. The Project area
also contains silty soils that are generally prone to erosion and agricultural tilling to the stream top of bank has expedited stream degradation. Currently, within the proposed easement
boundary, the land is used for agricultural purposes and has no forest canopy. Adjacent land parcels display a mix of agriculture and forest. All Project streams drain into densely wooded
areas to the southwest. The unnamed tributaries within the Project area are channelized and lack riparian buffers.
The Project is split into seven stream reaches. The US Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) does not depict any wetland areas within the Project. A
manmade excavated area in the southwestern corner of the project has produced a feature that meets wetland criteria but is not naturally occurring. It is included in the preliminary
jurisdictional determination as Wetland A (WA) and is approximately 0.084 acres in size.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
O Yes O No 0 Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.084
4g. List the total estimated linear feet of all existing streams on the property:
5,245
4h. Explain the purpose of the proposed project: *
The purpose for this mitigation project is to restore aquatic resources in order to offset unavoidable impacts within the Yadkin watershed. The Project goals will address the degraded water
quality and nutrient input from non -point source pollution in the watershed and promote long-term resilience to major watershed stressors in the 2009 Yadkin River RBRP. Accomplishing
these goals entails the restoration of stream channels. Specific project objectives include reconstructing stream channels, maintain regular, seasonal flow in intermittent stream reaches,
stabilize eroded stream banks, install in -stream structures and habitat features to promote bedform diversity and aquatic habitat, reduce bank height ratios and increase entrenchment
ratios in restored stream channels, relocate stream channels back within the low of the existing floodplain and raise stream bed elevations, increase forested riparian buffer widths, treat
exotic invasive species, and establish a permanent conservation easement.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The stream treatment plan and design approach were developed based on the existing conditions, project goals, and objectives. The Project will include Priority I and II Restoration.
Stream restoration will incorporate the design of a single -thread, meandering channel with parameters based on data taken from reference reaches, published empirical relationships,
regional curves developed from existing project streams, and NC, VA, and SC Regional Curves. Analytical design techniques will also be a crucial element of the project and will be used
to determine the design discharge and to verify the overall design.
The detailed treatment plan and design approach is as follows:
Reach CT1
A mix of Priority 1 and 2 in -line and offline restoration is proposed for this reach to address channel instability, lack of bedform and planform diversity. Restoration activities will include:
• Grading a new single thread channel in the existing floodplain,
• Installing rock structures to provide grade control,
• Establishing a riffle -pool sequence throughout the new channel,
• Installing stone toe and brush toe protection on meander bends,
• Stabilizing banks via coir matting and livestaking,
• Riparian planting,
• Ephemeral channel treatment,
• Installing a ford crossing near station 0+25 to maintain landowner access, and
• Filling the existing channel.
Reach CT2
A mix of Priority 1 and 2 in -line and offline restoration is proposed for this reach to address channel instability and lack of bedform and planform diversity. Restoration activities will include:
• Grading a new single thread channel in the existing floodplain,
• Installing rock structures to provide grade control,
• Establishing a riffle -pool sequence throughout the new channel,
• Installing stone toe and brush toe protection on meander bends,
• Stabilizing banks via coir matting and livestaking,
• Riparian planting,
• Ephemeral channel treatment, and
• Filling the existing channel.
Reach CT3
A mix of Priority 1 and 2 in -line and offline restoration is proposed for this reach to address channelization, channel instability, and lack of bedform. Restoration activities will include:
• Grading a new single thread channel in the existing floodplain,
• Installing rock structures to provide grade control,
• Establishing a riffle -pool sequence throughout the new channel,
• Installing stone toe and brush toe protection on meander bends,
• Stabilizing banks via coir matting and livestaking,
• Riparian planting,
• Ephemeral channel treatment,
• Installing a ford crossing near station 19+00 to maintain landowner access, and
• Filling the existing channel.
rceacn liv
A mix of Priority 1 and 2 in -line and offline restoration is proposed for this reach to address channelization, channel instability, and lack of bed and planform diversity. Restoration activities
will include:
• Grading a new single thread channel in the existing floodplain,
• Installing rock structures to provide grade control,
• Establishing a riffle -pool sequence throughout the new channel,
• Installing stone toe and brush toe protection on meander bends,
• Stabilizing banks via coir matting and livestaking,
• Riparian planting,
• Ephemeral channel treatment,
• Install a ford crossing near station 0+75 to maintain landowner access, and
• Filling the existing channel.
Reach CT6
A mix of Priority 1 and 2 in -line and offline restoration is proposed for this reach to address channel instability. Restoration activities will include:
• Grading a new single thread channel in the existing floodplain,
• Installing rock structures to provide grade control,
• Establishing a riffle -pool sequence throughout the new channel,
• Installing stone toe protection on meander bends,
• Stabilizing banks via coir matting and livestaking,
• Riparian Planting,
• Ephemeral channel treatment,
• Filling the existing channel.
A combination of sediment control measures will be used on site: riparian buffer planting, bank stabilization, engineered sediment packs, treatment pools, and stream restoration. This
combination of sediment control measures will ultimately lead to the functional uplift of the site by minimizing sedimentation and nutrient input from agricultural production outside of the
conservation easement.
The riparian buffer will be restored along all project reaches, where the existing buffer is deemed inadequate or the existing buffer is impacted by construction. Restored riparian buffers are
established adjacent to and up -gradient from watercourses of water bodies to improve water quality. The main advantages of the restored riparian buffer will be to provide water quality
treatment, erosion control, and water temperature benefits. The restoration of the plant communities is an important aspect of the restoration Project. The selection of plant species is
based on what was observed in the forest surrounding the restoration Project and what is typically native to the area. Specifically, species identified in the adjacent forested area of the
Project along with species described in the 2012 Guide to the Natural Communities of North Carolina, Fourth Approximation (Schafale, 2012) for piedmont headwater stream forest type
communities were used to determine the most appropriate species for the restoration project.
A Piedmont Headwater Stream Forest (Schafale, 2012) will be the target community along the Project reaches. This community type represents forests of floodplains of the smallest
Piedmont streams, generally intermittent to 1st or 2nd order, where some alluvial processes have a limited influence on vegetation and most characteristic alluvial species are scarce. The
vegetation largely consists of species with broad ecological tolerance, upland species, and a few floodplain species. The target community will be used for the planting areas within the
Project.
The restoration of plant communities along the Project will provide stabilization and diversity. For rapid stabilization of the stream banks (primarily outside meanders), black willow (Salix
nigra), eastern cottonwood (Populus deltoides), and silky dogwood (Cornus amomum) were chosen for live stakes along the restored channel because of their rapid growth patterns and
high success rates. Willows grow at a faster rate than the species planted around them, and they stabilize the stream banks. Willows will also be quicker to contribute organic matter to the
channel. When the other planted tree species grow bigger, the black willows will slowly stop growing or die out as they are effectively shaded out and outcompeted. The live stake species
will be planted along the outside of the meander bends three feet from the top of bank, creating a three-foot section along the top of bank. The live stakes will be spaced one per three
linear feet with alternate spacing, vertically.
Treatment for invasive species will be required within the entire easement area. Invasive species will require different and multiple treatment methods, depending on plant phenology and
the location of the species being treated; however, based on observed existing conditions, there are not extensive exotic invasive species in the within the Project area. We will monitor for
establishment or expansion of invasive species within the Project area and conduct treatments as necessary. All treatment will be conducted as to maximize its effectiveness and reduce
chances of detriment to surrounding native vegetation. Treatment methods will include mechanical (cutting with toppers, clippers, or chain saw) and chemical (foliar spray, cut stump, and
"hack and squirt" techniques). Plants containing mature, viable seeds will be removed from the Project and properly disposed. All herbicide applicators will be supervised by a certified
ground pesticide applicator with a North Carolina Department of Agriculture and Consumer Services (NCDA&CS) license and adhere to all legal and safety requirements according to
herbicide labels, and NC and Federal laws.
After construction activities, the subsoil will be scarified and any compaction will be deep tilled before the topsoil is placed back over the Project. Any topsoil that is removed during
construction will be stockpiled and placed over the Project during final soil preparation. This process should provide favorable soil conditions for plant growth. Rapid establishment of
vegetation will provide natural stabilization for the Project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
U Yes
C. No 0 Unknown
Comments:
A preliminary jurisdictional determination (PJD) request was sent to the USACE on March 10, 2021
and a site visit was conducted on May 12, 2021. During the site visit, USACE determined that CT2,
CT4, and CT6 were non jurisdictional features which conflicted with RES delineations. Following the
site visit, supplemental materials were submitted on June 2, 2021 to support our determination
including a year of flow data and antecedent precipitation conditions. The confirmed package was
received on September 9, 2021. Although the confirmed PJD package does not recognize reaches
CT2, CT4, and CT6 as jurisdictional features, these reaches will be pursued for stream restoration
credit.
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
O Preliminary 0 Approved 0 Not Verified 0 Unknown 0 N/A
Corps AID Number:
SAW-2020-00762
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jeremy Schmid
Agency/Consultant Company:
Other:
Resource Environmental Solutions
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
September 9, 2021
Stream lengths have been updated in the WOUS map and Aquatic resource table, based on survey data. Those materials are provided in the attached documentation.
6. Future Project Plans
6a. Is this a phased project?*
O Yes O No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Ev Wetlands O Streams -tributaries
❑ Open Waters O Pond Construction
2. Wetland Impacts
O Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Stream Restoration
P
Non -Tidal Freshwater Marsh
Wetland A
No
Corps
0.084
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.084
2i. Comments:
2g. Total Permanent Wetland Impact
0.084
Wetland impacts will be unavoidable due to the restoration activities proposed. Although this impact is unavoidable, it is necessary in order to establish
an overall functional uplift of the stream system.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width*
3h. Impact
length*
S1
Stream Restoration
Permanent
Relocation
CT1
Intermittent
Corps
7
Average (feet)
2,540
(linear feet)
S2
Stream Restoration
Permanent
Relocation
CT3
Intermittent
Corps
11
Average (feet)
2,645
(linear feet)
S3
Ford Crossing
Permanent
Other
CT3
Intermittent
Corps
11
Average (feet)
60
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
5,245
3i. Total stream and ditch impacts:
64
3i. Total temporary stream impacts:
0
3j. Comments:
Although we will be impacting 5,245 feet of stream, the Project will restore and re-establish 9,458 linear feet of stream. There is an existing crossing on
CT3 that will be upgraded to a new ford crossing that will be used agricultural purposes (Impact S3). Stream Reaches CT2, CT4, and CT6 were
determined non -jurisdictional streams by the Corps and therefore do not have associated impacts.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Due to the nature of the project, complete avoidance of stream and wetland impacts is not possible. Proposed stream impacts, including stream
relocation and ford installation, are necessary restoration practices that will contribute to the functional uplift of the Project's aquatic resources while
allowing continued agricultural use of the surrounding land. Potential wetland impacts are anticipated to be minor. Wetland Impact 1 is associated with
stream restoration that will provide an overall functional uplift to the stream complex of the site. RES will be installing ford crossings located outside of
the project area to allow access to adjacent agricultural areas. These agricultural crossing details can be found in the project drawings.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts are minimized using a staged construction approach. Where possible the channel will be constructed prior to turning stream flow into a
segment. This approach allows minimization of the impact of each stage during the project construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
O Yes O No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Wetland and stream impacts are unavoidable due to the restoration activities proposed. Although these impacts are necessary to provide an overall functional uplift to the stream complex
and protect headwater streams in perpetuity.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) U
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
O Yes
If no, explain why:
It is not in a Protected Buffer Watershed
•% No
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
0 Yes :• No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
4,Yes 0No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
0 Yes • No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
O Yes •i No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
0 Yes O No
3b. If you answered "no," provide a short narrative description.
This project will not result in additional development that would impact water quality downstream. Ultimately, water quality will be enhanced within the
project, due to the restoration of project streams, planting of the riparian buffer, and the establishment of a conservation easement to be protected in
perpetuity.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes @No0N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
O Yes O No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
0 Yes
5e. Is this a DOT project located within Division's 1-8?
0 Yes ® No
O No 0 Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
OYes 0No
5g. Does this project involve bridge maintenance or removal?
0Yes ONo
5h. Does this project involve the construction/installation of a wind turbine(s)?*
0 Yes ® No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
0 Yes ® No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPAC and Natural Heritage Program Database
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
0 Yes ' No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
O Yes O No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO GIS Database
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes ., No
8c. What source(s) did you use to make the floodplain determination?*
HEC-RAS version 5.0.7
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
Ca rd i nal_PCN_Combi ned. pdf
File must be PDF or KMZ
Comments
Signature
113.59KB
13.75MB
l✓I By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Katie Webber
Signature
rc,z,vuAm.5,t.
Date
2/18/2022
DWR Pre -Filing Meeting Request Form
NORTH CAROLINA
Environmental Qualify
Contact Name*
Contact Email Address*
Project Owner*
Project Name*
Project County*
Katie Webber
kwebber@res.us
RES Aster LLC
Cardinal
Union
Owner Address: * Street Address
3600 Glenwood Avenue Suite 100
Address Line 2
City State / Province / Region
Raleigh North Carolina
Postal / Zip Code Country
27612 United States
Is this a transportation project?* Yes No
Type(s) of approval sought from the DWR:
401 Water Quality Certification - 401 Water Quality Certification -
Regular Express
Individual Permit Modification
Shoreline Stabilization
Does this project have an existing project ID#?*
Yes No
Please list all existing project ID's associated with this projects.*
SAW-2020-00762
Do you know the name of the staff member you would like to request a meeting with?
Erin Davis
Please give a brief project description below and include location information.*
The Cardinal Stream Mitigation Project (Project) is located in Union
County, North Carolina, approximately seven miles southeast of the
city of Monroe. The Project lies within the North Carolina Department
of Water Resources (NCDWR) sub -basin 03-07-14 and United States
Geological Survey (USGS) 12-digit hydrologic unit code (HUC)
030401050504 (Upper Richardson Creek Watershed) . The Project is
being designed to help meet compensatory mitigation requirements for
Stream impacts in HUC 03040105. The Project will involve the
restoration of five unnamed tributaries to Buck Branch (Reach CT1,
CT2, CT3, CT4, and CT6) that will ultimately provide water quality
benefits and ecosystem uplift for the Project's 343-acre drainage area.
These tributaries drain from the northeast to southwest and eventually
flow into Buck Branch off -site. A conservation easement will be
established to protect the project into perpetuity.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401
Certification Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting
location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you
can submit an application.
Signature*
Submittal Date 9/17/2021
fires
February 17, 2022
NC Division of Water Resources
217 West Jones Street
Raleigh, NC 27603
To Whom it May Concern,
3600 Glenwood Avenue, Suite 100
Raleigh, NC 27612
Corporate Headquarters
6575 West Loop South, Suite 300
Bellaire, TX 77401
Main: 713.520.5400
RES Aster, LLC (a Resource Environmental Solutions affiliate) is pleased to present this Pre -Construction
Notification (PCN) Form for the Cardinal Mitigation Project located in Union County, North Carolina
(34.914111, -80.477568). This project will be part of the RES Yadkin 05 Umbrella Mitigation Bank and
will provide mitigation credits to offset unavoidable stream impacts within the Yadkin River Basin (8-digit
USGS HUC 03040105). As part of this scope of work, RES is submitting this package to the North Carolina
Division of Water Resources (NC DWR) and United States Army Corps of Engineers (USACE), providing
an assessment of permanent impacts associated with the stream mitigation that will occur during the
construction of this project.
The Cardinal Mitigation Project (the "Project") is comprised of a 40.48-acre conservation easement
contained within three parcels (200.35 acres) in Union County, NC. The Project will involve the
restoration of five unnamed tributaries that drain from the northeast to southwest, eventually draining into
Buck Branch and then into Rocky River. Through stream restoration, the Project presents 9,458 linear feet
(LF) of proposed stream. Additionally, incorporating wider buffers in the Project increased the amount of
total adjusted SMU's. The site is primarily characterized by agricultural use that is adjacent to forested
areas and residential properties. Land use at the site is characterized by conventional agricultural practices
and a non-existent riparian buffer.
The proposed Project will provide improvements to water quality, hydrologic function, and habitat. The
Project will directly and indirectly address stressors by reconstructing natural channels within the
floodplain; stabilizing eroding stream banks and establishing floodplain connectivity; reducing sediment
and nutrient loads; restoring and enhancing riparian buffers; and protecting aquatic resources in
perpetuity.
We thank you in advance for your timely response and cooperation. Please feel free to contact me at
(410)279-5741 if you have any additional question regarding this matter.
Sincerely,
Katie Webber l Project Manager
res.us
TABLE OF CONTENTS
I. PCN Figures
• Figure 1. Project Vicinity
• Figure 2. USGS Quadrangle
• Figure 3. Existing Conditions / (NWI)
• Figure 4. Mapped Soils
• Figure 5. Project Impacts
II. Jurisdictional Determination Materials
• Cover Letter
• Signed JD
• Aquatic Resources
• OMBIL Regulatory Module (ORM)
III. NC State Historic Preservation Office (SHPO)
• Letter Received
IV. US Fish and Wildlife Service Self -Certification Package
• Official Species List
• NC Natural Heritage Program Letter
• NCWRC Letter
PCN Figures
• Figure 1. Project Vicinity
• Figure 2. USGS Quadrangle
• Figure 3. Existing Conditions / (NWI)
• Figure 4. Mapped Soils
• Figure 5. Project Impacts
S
Why Not An
American Ark
Legend
Proposed Easement
TLW-03040105070010
HUC-03040105
I
Southern Breezes
Carriages
1,000 2,000
Feet
4 Broadway
Commercial Services
pa 9
H". 121021
Mal
Canaan Baptist Church Q
AC Trailer Rentals9
urology
mired
trI
Lee's Cabinet Works9 cy\F
Mountain Springs
Baptist Church Q
Monro arm Center9
Kannapolis
I•unt sville Concord
49
0
Locus'
Charlotte
tfig
P neville
ror+
ock Hill
M3t'P
S21
Roc
Marsha
1
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Flag Church
Dentci
New don
52
Alber
52
Wadesborc
Cardinal Project
Pagcland Mt ci35.403, -81.4912
Figure 1 - Project Vicinity
Cardinal
Mitigation Project
Date: 1/18/2022
Drawn by: HKH
Checked by: MDE
fires
Union County, North Carolina
1 inch = 2,000 feet
CT4-DS
2.1 ac
Proposed Easement
CT1-DS
CT1-US
CT2
CT3
CT4-DS
CT4-US
20.3 ac
CT1-DS
8.9 ac
500 1.000
Feet
CT4-US
61.2 ac
28.6 ac
152.3 ac
CT1-US
69.1 ac
Figure 2 - USGS Wingate Quadrangle
Cardinal
Mitigation Project
Union County, North Carolina
•
•
101
Trades
Ores
Date: 1/18/2022
Drawn by: HKH
Checked by: MDE
1 inch = 1,000 feet
Legend
Proposed Easement
Existing Streams
Non -Jurisdictional Streams
Existing Wetland
Ephemeral drainage
December 2021)
NWI Wetlands (USFWS
A
0 200
\ --
400
Figure 3 - Existing Conditions
Cardinal
Mitigation Project
Union County, North Carolina
Date: 2/18/2022
ores
Drawn by: MDE
doreilkorillillte"41.6"
adtot1404114‘10044,
IliteellS,.
4....
Checked by: KAW
inch = 400 feet
Il
Feet
Legend
Proposed Easement
Hydric (100%)
Predominantly Hydric (66-99%)
Predominantly Hydric (33-65%)
Predominantly Nonhydric (1-32%)
Nonhydric (0%)
AgollextlivAminsi
r�r
0 250 500
Feet
Map Symbol Unit
BaB
Cm B
GoC
GsB
CEO
Map Unit Name
Badin channery silt loam, 2 to 8 percent slopes
Cid channerysilt loam, 1 to 5 percent slopes
Goldston very channery silt loam, 4 to 15 percent slopes
Goldston-Badin Complex, 2 to 8 percent slopes
Figure 4 - Mapped Soils
Cardinal
Mitigation Project
Date: 1 /18/2022
Drawn by: HKH
Checked by: MDE
Ores
Union County, North Carolina
1 inch = 500 feet
CT4-US
CT3-MS
CT1-DS
Impact ID
S1
S2
Impact ID
S3
Aquatic Resource
CT1
CT3
Aquatic Resource
CT3
CT1-US
Purpose
Stream Restoration
Stream Restoration
Stream Restoration
Impact Type
Permanent (Stream)
Permanent (Stream)
Permanent (Wetland)
Impacts Associated with Crossings
Temp/Perm
Perm
Purpose
Ford Crossing
Area (ac) / Length (ft)
Station
19+00
2,540 ft
2.645 ft
0.084 ac
Area/Length
60 ft
res
Restoring a resilient earth for a modern world
S
1 in = 350 feet
0 175 350
Feet
Figure 5 - Project Impacts
Cardinal
Mitigation Project
Union County,
North Carolina
Drawn by: HKH
Date: 2/16/2022
Reviewed by: MGB
Revision: n/a
Legend
LJ Proposed Easement (40.48 ac)
Study Area (166 ac)
Existing Top of Bank
Proposed Top of Bank
A Existing Wetland
Cardinal Impacts
Permanent Wetland
Permanent Stream
REFERENCE
1) Horizontal Datum is NAD83 UTM Zone 17N
2) Map Projection is NAD_1983_StatePlane_
South Carolina FIPS 3200 Feet
Jurisdictional Determination
Materials
• Cover Letter
• Signed JD
• Aquatic Resources
• OMBIL Regulatory Module (ORM)
3600 Glenwood Ave.,Suite 100
Or es
Raleigh, NC 27612
Corporate Headquarters
6575 West Loop South,Suite 300
Bellaire,TX 77401
Main:713.520.5400
March 9, 2021
Bryan Roden-Reynolds
U.S. Army Corps Of Engineers
Charlotte Regulatory Office
8430 University Executive Park Drive
Charlotte,NC 28262
Dear Mr. Roden-Reynolds,
Resource Environmental Solutions (RES)is pleased to present this request for a Preliminary Jurisdictional
Determination for the Cardinal Mitigation Project (the "Project") (SAW-2020-00762) located in Union
County,North Carolina(34.914111°,-80.477568°).This project is the first site proposed in the RES Yadkin
05 Umbrella Mitigation Bank and will provide mitigation credits to offset unavoidable impacts to stream
resources within the Yadkin River Basin (8-digit USGS HUC 03040105). As part of this scope of work,
RES is submitting this request to the U.S.Army Corps of Engineers(Corps)for a confirmation of the limits
of Waters of the U.S. on the subject site.
The Project is contained in one parcel totaling approximately 166 acres of study area in Monroe,NC. The
Project will involve the restoration and enhancement of tributaries to Buck Branch. The Project's existing
land-use is comprised primarily of agriculture.
The proposed Project will provide improvements to water quality,hydrologic function, and habitat and
will address stressors identified in the watershed by reducing non-point source nutrient and sediment
pollution, and improving aquatic and terrestrial habitat.
We thank you in advance for your timely response and cooperation. Please feel free to contact me at
(919) 345-3034 if you have any additional questions regarding this matter.
Sincerely,
Jeremy Schmid Senior Ecologist
Attachments: Preliminary Jurisdictional Determination Form, Jurisdictional Determination Request Form,
Landowner Authorization Forms,Vicinity Map, USGS Topographc Map, Soils Map,National Wetlands
Inventory Map, Parcel Map, Potential Waters of the U.S. Delineation Map,Wetland Determination Data
Forms, and NC DWQ Stream Identification Forms
res.us
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00762 County:Union U.S.G.S.Quad:NC-Wingate
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: RES
Jeremy Schmid
Address: 3600 Glenwood Avenue,Suite 100
Raleigh,NC 27612
Telephone Number: 919-345-3034
E-mail: jschmid(ares.us
Size(acres) 166 Nearest Town Monroe
Nearest Waterway Buck Branch River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude:34.914111
Longitude:-80.477568
Location description:The review area is located on the west side of Mountain Drive; approximately 0.3 miles north of the
intersection of Mountain Drive and Claude Austin Road.PIN:0406004.Reference review area description shown in
Jurisdictional Determination Request package entitled"Project Vicinity"and dated 03/09/21.
Indicate Which of the Following Apply:
A. Preliminary Determination
e There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404
of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).The
waters,including wetlands have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate
and reliable.The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/30/2021.Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process,including determining compensatory
mitigation.For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection
measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S.This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).However,you may
request an approved JD,which is an appealable action,by contacting the Corps district for further instruction.
❑ There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404
of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).
However,since the waters,including wetlands have not been properly delineated,this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters,including wetlands at the project area,which
is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend that you have the waters,
including wetlands on your project area/property delineated.As the Corps may not be able to accomplish this wetland
delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters,including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑We recommend you have the waters,including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑The waters,including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps.The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE.We strongly
SAW-2020-00762
suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once
verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided
there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years.
❑The waters,including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE.Unless there is a change in the law or our published regulations,this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S.,to include wetlands,present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published
regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA).
You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material,construction or
placement of structures,or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC§401 and/or 403).If you have any questions
regarding this determination and/or the Corps regulatory program,please contact Bryan Roden-Reynolds at 704-510-1440 or
brvan.roden-revnolds(a,u sace.armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 9/9/2021.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process(NAP)fact sheet and request for appeal(RFA)form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin,Review Officer
60 Forsyth Street SW,Room 10M15
Atlanta,Georgia 30303-8801
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal
under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form,it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Bryan Roden-Reynolds
Corps Regulatory Official: 2021.09.09 16:11:42-04 00
Date of JD:9/9/2021 Expiration Date of JD:Not applicable
SAW-2020-00762
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so,please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0
Copy furnished:
Property Owner: Buford Township,LLC
Franklin Howey
Address: P.O.429
Monroe,NC 28111
Telephone Number: not provided
E-mail: not provided
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant:RES,Jeremy-Schmid File Number: SAW-2020-00762 Date: 9/9/2021
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B
❑ PERMIT DENIAL C
❑ APPROVED JURISDICTIONAL DETERMINATION D
❑X PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
• Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for fmal
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all
rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request
that the permit be modified accordingly.You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your
objections and may: (a)modify the permit to address all of your concerns, (b)modify the permit to address some of your
objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in
Section B below.
B: PROFFERED PERMIT:You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for fmal
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all
rights to appeal the permit,including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice,means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the
record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However,you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer,Wilmington Regulatory Division Mr.Phillip Shannin,Administrative Appeal Review Officer
Attn:Bryan Roden-Reynolds CESAD-PDO
Charlotte Regulatory Office U.S.Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers 60 Forsyth Street,Room 10M15
8430 University Executive Park Drive,Suite 615 Atlanta,Georgia 30303-8801
Charlotte,North Carolina 28262 Phone: (404)562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government
consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation,and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn:Bryan Roden-Reynolds,69 Darlington Avenue,Wilmington,North
Carolina 28403
For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Phillip Shannin,Administrative
Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801
Phone: (404)562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 03/16/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: RES,Jeremy Schmid, 3600 Glenwood
Avenue, Suite 100,Raleigh,NC 27612
C. DISTRICT OFFICE, FILE NAME,AND NUMBER: Wilmington District,Cardinal Mitigation Project,
SAW-2020-00762
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
west side of Mountain Drive;approximately 0.3 miles north of the intersection of Mountain Drive and Claude
Austin Road.PIN: 0406004. Reference review area description shown in Jurisdictional Determination
Request package entitled"Project Vicinity"and dated 03/09/21.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State:NC County: Union City:Monroe
Center coordinates of site (lat/long in degree decimal format): Latitude: 34.914111 Longitude:-80.477568
Universal Transverse Mercator:
Name of nearest waterbody:Buck Branch
E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
Z Office (Desk) Determination. Date: 03/16/21
Field Determination. Date(s): 05/12/21
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO
REGULATORY JURISDICTION
Feature Latitude Longitude Estimated amount of Type of aquatic Geographic
(decimal (decimal aquatic resources in resources(i.e., authority to which
degrees) degrees) review area(acreage wetland vs.non- the aquatic
and linear feet,if wetland waters) resource"may be"
applicable subject(i.e.,
Section 404 or
Section 10/404)
Stream CT1 34.91412 -80.48487809 2,540 linear feet Non-wetland 404
Stream CT3 34.91692 -80.48355005 2,705 linear feet Non-wetland 404
Wetland WA 34.91399 -80.486103 0.08 acre Wetland 404
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non-reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2)the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD(check all that apply)Checked items are included in the administrative
record and are appropriately cited:
▪Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Numerous unnumbered figures
▪Data sheets prepared/submitted by or on behalf of the RID requestor.Datasheets:
▪Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report. Rationale:
❑Data sheets prepared by the Corps:
❑Corps navigable waters'study:
❑U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data:
❑USGS 8 and 12 digit HUC maps:
®U.S.Geological Survey map(s).Cite scale&quad name: USGS Wingate Quadrangle(7.5-minute
Quadrangle Wingate,NC)
▪Natural Resources Conservation Service Soil Survey. Citation:NRCS Soil Survey(Web Soil of Union County)
[ National wetlands inventory map(s). Cite name: National Wetland Inventory(USFWS NWI Mapper)
❑State/local wetland inventory map(s):
❑FEMA/FIRM maps:
❑100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ® Aerial (Name & Date):Project Vicinity(Dated 03/09/21)and Potential Wetland or Non-
wetland Waters of the U.S.Map(Dated 08/30/21)
or ❑ Other(Name&Date):
❑Previous determination(s). File no. and date of response letter:
MOther information(please specify): Parcel Map(Dated 03/09/21)
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
Bryan Roden-Reynolds
2021.09.09 16:11:19-04'00'
Signature and date of Regulatory Signature and date of person requesting PJD
staff member completing PJD (REQUIRED, unless obtaining the signature is
9/9/2021 impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an action.
res
w+E
0 200 400
Feet
1 in = 400 feet
Potential
Wetland or Non -Wetland Waters
of the U.S. Map
Potential Non -Wetland Waters of the U.S.
Feature ID
Length (LF)
2,540
2,705
Potential Wetland Waters of the U.S.
Feature ID Area (acres)
Cardinal
Mitigation Project
Union County, North Carolina
Date: 8/30/2021
Reisions: 1
Drawn by: JLS
Checked by: KAW
Lmaitl
Study Area (166 ac)
Potential Wetland Waters of the US
Potential Non -Wetland Waters of the US
Ephemeral
Intermittent
Perennial
V Wetland Data Point
V Upland Data Point
DWR Stream ID Form Location
REFERENCE
) Horizontal Datum is NAD83 UTM Zone 17N.
2) Map Projection is NAD_1983_StatePlane_
Nodh_Carolina_FIPS 3200_Feet
Cowardin_CodeI HGM_MiLmo nitlin
CT1 NORTH CAROLINA R3 Linear 2540 FOOT DELINEATE 34.91412 -80.48487809
CT3 NORTH CAROLINA R3 Linear 2705 FOOT DELINEATE 34.91692 -80.48355005
WA NORTH CAROLINA PEM Area 0.084 ACRE DELINEATE 34.91399 -80.486103
Local_Waterway
Initially_Proposetl_L Initially_Proposetl_ Initially_Proposetl_ Proposetl_L Proposed_ Proposed_ Authorized_ Authorized_ Authorizetl_
Amount_Units ength Width Amount ength I Width I Amount I Length I Width I Amount Debits Notes
CT1 S1 Ecological restoration River/Stream YES Permanent Foot 2,540 7
CT3 S2 Ecological restoration River/Stream YES Permanent Foot 2,645 11
CT3 S3 Ecological restoration River/Stream YES Permanent Foot 60 11
WA W1 Ecological restoration Non -Tidal Wetland YES Permanent Acres 0.084
NC State Historic
Preservation Office (SHPO)
• Letter Received
eV Lt.
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M.Bartos,Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H.Hamilton Deputy Secretary Kevin Cherry
October 20, 2020
Nancy Wallace nancy.wallace@usace.army.mil
US Army Corps of Engineers - Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue RM 208
Asheville,NC 28801
Re: Cardinal Stream and Wetland Mitigation Site,Yadkin 05 Umbrella Mitigation Bank, seven miles
southeast of Monroe, Union County, ER 20-1051
Dear Ms. Wallace:
Thank you for your email of September 17, 2020, regarding the above-referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore,we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579
or environmental.review@ncdcr.gov. In all future communication concerning this project,please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
U
State Historic Preservation Officer
Location:109 East Jones Street,Raleigh NC 27601 Mailing Address:4617 Mail Service Center,Raleigh NC 27699-4617 Telephone/Fax:(919)814-6570/814-6598
US Fish and Wildlife Service
Self-Certification Package
• Official Species List
• USFWS Letter
• Schweinitz's sunflower Survey
• NC Natural Heritage Program Letter
• NCWRC Letter
Ch Mil a n uulurr.
02 United States Department of the Interior
FISH AND WILDLIFE SERVICE . :
4��ff 3 '/'% Asheville Ecological Services Field Office 160 Zillicoa Street
Asheville,NC 28801-1082
Phone: (828) 258-3939 Fax: (828)258-5330
http://www.fws.gov/nc-es/es/countyfr.html
In Reply Refer To: March 16, 2021
Consultation Code: 04EN1000-2021-SLI-0436
Event Code: 04EN1000-2021-E-01030
Project Name: Cardinal Mitigation Project
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service)—Asheville Field Office's (AFO)website: hops://www.fws.gov/raleigh/species/
cntylist/nc counties.html. The AFO website list includes "species of concern"— species that
could potentially be placed on the federal list of threatened and endangered species in the future.
Also available are:
• Design and Construction Recommendations
https://www.fws.gov/asheville/htmls/project review/Recommendations.html
• Optimal Survey Times for Federally Listed Plants
hops://www.fws.gov/nc-es/plant/plant survey.html
• Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html
• Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
03/16/2021 Event Code: 04EN1000-2021-E-01030 2
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may
be requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of
the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation(see
hops://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should
follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm;
http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
03/16/2021 Event Code: 04EN1000-2021-E-01030 3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands
03/16/2021 Event Code: 04EN1000-2021-E-01030 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
(828) 258-3939
03/16/2021 Event Code: 04EN1000-2021-E-01030 2
Project Summary
Consultation Code: 04EN1000-2021-SLI-0436
Event Code: 04EN1000-2021-E-01030
Project Name: Cardinal Mitigation Project
Project Type: LAND - RESTORATION/ENHANCEMENT
Project Description: Union County, 144 acres, Stream restoration
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@34.91670655,-80.4840763154694,14z
-i,nch
r
?2T rr
� Cri
a
(lc br
Counties: Union County, North Carolina
03/16/2021 Event Code: 04EN1000-2021-E-01030 3
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Clams
NAME STATUS
Carolina Heelsplitter Lasmigona decorata Endangered
There is final critical habitat for this species.The location of the critical habitat is not available.
Species profile:https://ecos.fws.gov/ecp/species/3534
Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile:https://ecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this species.
Species profile:https://ecos.fws.gov/ecp/species/3849
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
03/16/2021 Event Code: 04EN1000-2021-E-01030
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON
Blue-winged Warbler Vermivora pinus Breeds May 1 to Jun
This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation 30
Regions(BCRs)in the continental USA
Prairie Warbler Dendroica discolor Breeds May 1 to Jul
This is a Bird of Conservation Concern(BCC)throughout its range in the continental 31
USA and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10 to
This is a Bird of Conservation Concern(BCC)throughout its range in the continental Aug 31
USA and Alaska.
03/16/2021 Event Code: 04EN1000-2021-E-01030 2
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.)A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (I)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s)your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
03/16/2021 Event Code: 04EN1000-2021-E-01030 3
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
- probability of presence breeding season I survey effort —no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Blue winged + + + +++ ++++ + ++++ ,+++ ++++ +—
Warbler ++ + +� + i::i Mill +�++ ++ +—
BCC-BCR
BCCie Warbler + + + +++ +I++ '1" MIIFEr
+ ++++ ++++ ++++ +—
BCC Rangewide ++ + +� + � ++ +—
(CON)
Wood Thrush """'" ' '
BCC Rangewide ++++ ++- + ++++ +,+ + + ±j" ++++ ++++ ++++ +—+—
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
03/16/2021 Event Code: 04EN1000-2021-E-01030 4
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network(AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s)which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network(AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding,wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or(if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC)that are of concern
throughout their range anywhere within the USA(including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non-BCC -Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
03/16/2021 Event Code: 04EN1000-2021-E-01030 5
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review.Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s)that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort(indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar).A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
03/16/2021 Event Code: 04EN1000-2021-E-01030
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S.Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
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2 United States Department of the Interior riv,"
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' FISH AND WILDLIFE SERVICE
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160 Zillicoa Street Suite#B
Asheville,North Carolina 28801
May 19, 2020
Bryan Roden-Reynolds
Regulatory Project Manager
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive
Charlotte,NC 28262
Subject: 20-286 Cardinal Stream and Wetland Mitigation Site, Union Co,North Carolina
Dear Mr. Roden-Reynolds,
On April 27, 2020, we received your email requesting section 7 concurrence on effects the
subject project may have on the federally endangered species. The following comments are
provided in accordance with section 7 of the Endangered Species Act of 1973, as amended(16
U.S.C. 1531-1543) (Act).
Project Summary
According to the information provided, the proposed project would entail the restoration and
enhancement of five unnamed tributaries to Buck Branch in Monroe, North Carolina. Onsite
habitats are approximately 256 acres of disturbed agricultural land with isolated mixed
successional forest surrounding the project vicinity. The proposed restoration would credit the
unavoidable impacts to stream resources within the Rocky River watershed.
Federally Listed Endangered and Threatened Species
According to the information provided, suitable habitat may occur onsite for the federally
endangered Schweinitz's sunflower(Helianthus schweinitzii). Schweinitz's sunflower is known
to occur in clearings, forest edges, roadsides, utility rights of way, old pastures, and woodland
openings. To ensure that this plant is not inadvertently lost,targeted surveys should be
conducted by a qualified botanist where the proposed work would alter its suitable habitats.
Surveys are not required where suitable habitats for this species do not occur. The survey
window for this species is late August—October. We request that the Applicant provide our
office with survey results and/or an evaluation to complete our review and inform a prudent
effect determination.
Based on the information provided, the Service has no concerns for project-mediated impacts to
any other federally protected species. Please bear in mind that in accordance with the Act, it is
the responsibility of the appropriate federal agency or its designated representative to review its
activities or programs and to identify any such activities or programs that may affect endangered
1
or threatened species or their habitats. If it is determined that the proposed activity may
adversely affect any species federally listed as endangered or threatened, formal consultation
with this office must be initiated.
We offer the following general recommendations on behalf of this and other natural resources:
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground-disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained(if possible)to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting(coir) is recommended for erosion control as synthetic
netting can persist in the environment beyond its intended purpose.
Pollinator Habitat
Pollinators, such as most bees, some birds and bats, or other insects, including moths and
butterflies,play a crucial role in the reproduction of flowering plants and in the production of
most fruits and vegetables. Declines in wild pollinators are a result of loss, degradation, and
fragmentation of habitat and disease;while declines in honey bees has also been linked to
disease. The rusty-patched bumble bee(Bombus affinis)historically occurred in North Carolina's
Mountain and Piedmont provinces. Although not required,we encourage the Applicant to
consider our recommendations below to benefit the rusty-patched bumble bee and other
pollinators. Moreover,the creation and maintenance of pollinator habitats at this site may
increase the value of the project for the community and help reduce the spread of invasive exotic
plants. Please consider the following:
1. Sow native seed mixes in disturbed areas or in designated pollinator areas with plants
that bloom throughout the entire growing season.
2. Taller growing pollinator plant species should be planted around the periphery of the
site and anywhere on the site where mowing can be restricted during the summer
months. Taller plants, left un-mowed during the summer, would provide benefits to
pollinators, habitat to ground nesting/feeding birds, and cover for small mammals.
3. Low growing/groundcover native species should be planted in areas that need to be
maintained. This would provide benefits to pollinators while also minimizing the
amount of maintenance such as mowing and herbicide treatment. Milk weed species
are an important host plant for monarch butterflies.
4. Avoid mowing of flowering plants. Designated pollinator areas show be mow only
50% of the plant height, but no lower than 8 inches.
5. Avoid mowing outside the active season for rusty-patched bumble bee and other
pollinators (April 15 —October 15).
6. Leave slash piles, mulch piles, or loose dirt piles along woodland edges. These areas
provide nesting habitats and/or nest materials for some pollinators.
7. Avoid the use of pesticides and specifically neonicotinoids.
2
If you have questions about these comments please contact Ms. Claire Ellwanger of our staff at
828/258-3939, Ext. 42235. In any future correspondence concerning these projects, please
reference our Log Number 20-286.
Sincerely,
Janet Mizzi
Field Supervisor
2
RE: Helianthus schweinitzii Survey at Cardinal Mitigation Site, Union
County, NC
A plant survey for the federally listed Schweinitz's sunflower, Helianthus schweinitzii(Fed E, State E I S2
G3), was conducted on September 7, 2021 at the Cardinal Mitigation Site, located near Monroe, NC in
Union County. H.schweinitzii is endemic to the Piedmont regions of North and South Carolina, historically
being centered around Charlotte, NC and Rock Hill, SC. Suitable habitat for H. schweinitzii includes
disturbed areas with full-partial sun exposure such as roadsides and powerline cuts; historically, it has
occurred in dry, open woodlands and Piedmont prairies. In North Carolina, the known distributions of H.
schweinitzii occur in Surry,Stokes,Catawba,Gaston, Rowan, Davidson, Randolph, Mecklenburg,Cabarrus,
Stanly, Montgomery, Union,Anson,and Richmond counties.This species faces threats including alteration
of native habitat, fire suppression, roadside/utility right-of-way maintenance, invasive species
encroachment and other anthropogenic impacts.
The current land conditions within the Cardinal site consist of active agricultural fields. Vegetation
within the parcel/project area typically includes row crops like soybean, corn, and wheat. No trees are
currently located on-site, and the riparian community is very weak. Some native herbaceous plants have
established themselves within parts of the stream channels and stream banks on-site, including an
identified species of Persicaria, and very few occurrences of a Rumex species. While the Project parcel is
dominated by agriculture, adjacent parcels contain relatively undisturbed forest communities. Primary
canopy species include white oak(Quercus alba), sweet gum (Liquidambarstyraciflua), Virginia pine
(Pinus virginiana), and Eastern red cedar(Juniperus virginiana).
The survey team including Jeremy Schmid and Daniel Dixon,visited a reference population for H.
schweinitzii on September 7, 2021 at the North Carolina Botanical Garden in Chapel Hill, NC.The
surveying team had reviewed elemental occurrence data provided by the NC Natural Heritage Program
(NHP) and had a dichotomous key for the genus Helianthus, adapted from Schilling (2006) and Weakley
(2008).The survey team has performed rare plant surveys in the past for threatened and endangered
plant species throughout North Carolina.
At the Cardinal site, the surveying team walked along the wooded boundary and within the easement
recording species present and any occurrences of potential suitable habitat. Because this site was
maintained for agriculture, there was minimal likelihood that H. schweinitzii would be alive and present.
Most of the herbaceous layer had either been sprayed or tilled into the soil. Species with similar
appearances including Helianthus tuberosus were observed along the perimeter of the Project parcel;
however, neither H. schweinitzii nor H. tuberosus were noted in the project easement. After a thorough
examination of the area and an assessment of the habitat present, no suitable habitat was located and
therefore, no populations were found at this project site.
In conclusion, after conducting a more thorough evaluation of the habitat present at the Cardinal
Mitigation Site and surveying for H.schweinitzii specifically, we have determined that there is no
suitable habitat present. Moving forward, as the habitat is improved and restored to mimic the natural
conditions of the original landscape, there is potential to create and foster suitable habitat for H.
schweinitzii throughout the Cardinal Mitigation Site.
Hi Jeremy,
Thank you for providing the information on and results of the survey
completed for Schweinitz's sunflower at the Cardinal mitigation site.
Given the lack of suitable habitat,we would agree with a determination of
"No Effect" for this species.
Let me know if any other questions come up on this one, and have a
happy holiday season!
Best,
Holland Youngman
(she/her)
Wildlife Biologist
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street,Asheville,North Carolina,28801
Cell: 828-575-3920 Office: 828-258-3939 x42235
From:Jeremy Schmid <jschmidPres.us>
Sent:Thursday, December 9, 20214:03 PM
To:Youngman, Holland J <hollandyouungmanPfws.gov>
Cc: Katie Webber<kwebber(ares.us>; Hamstead, Byron A
<byron_ha mstead Pfws.gov>
Subject: RE: [EXTERNAL] RE: Cardinal Mitigation Project
Holland,
Attached is a memo from our survey conducted back in September.
Please provide an effect determination at your earliest convenience.
Thanks,
Jeremy Schmid, PWS
Senior Ecologist
RES res.us
Mobile: 919.345.3034
From:Jeremy Schmid
Sent: Monday,July 12, 20214:07 PM
To:Youngman, Holland J <hollandyouungmanPfws.gov>
Cc: Katie Webber<kwebberPres.us>; Hamstead, Byron A
<byron_ha mstead Pfws.gov>
Subject: RE: [EXTERNAL] RE: Cardinal Mitigation Project
• ■■■ Roy Cooper.Governor
•• •• NC DEPARTMENT OF Susi Hamilton, Secretary
■■m NATURAL AND CULTURAL RESOURCES
• Now Walter Clark, Director, Land and Water Stewardship
NCNHDE-11497
February 27, 2020
Matthew DeAngelo
Resource Environmental Solutions, LLC
302 Jefferson Street
Raleigh, NC 27607
RE: Cardinal
Dear Matthew DeAngelo:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally-listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
Q 121 W.JONES STREET.RALEIGH.NC 27603 • 16S1 MAIL SERVICE CENTER.RALEIGH.NC 27699
OFC'M9.707.9120 • FAX 919.707.9121
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Cardinal
February 27, 2020
NCNHDE-11497
No Element Occurrences are Documented Within a One-mile Radius of the Project Area
No Natural Areas are Documented Within a One-mile Radius of the Project Area
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Nam' Owner Type
NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State
NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on February 27, 2020; source: NCNHP,Q1 Jan 2020.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3
February 27, 2020
O
O
Project Boundary
Buffered Project Boundary
Managed Area (MAREA)
NCNHDE-11497: Cardinal
1:29,769
0 0.25 0.5
1 mi
0 0.4 0.8
1.6 km
Sources' Esri, HERE, Garmin,, Intermap, increment P Corp_, GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esn Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Page 3 of 3
a t=
North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
17 March 2021
Mr. Jeremy Schmid
RES
3600 Glenwood Avenue, Suite 100
Raleigh,North Carolina 27612
SUBJECT: Environmental Review of the Cardinal Mitigation Site in Union County,North Carolina.
Mr. Schimd,
Biologists with the North Carolina Wildlife Resource Commission(NCWRC)received your request for
review and comments on any possible concerns regarding the Cardinal Mitigation Bank. Comments are
provided in accordance with provisions of the Fish and Wildlife Coordination Act(48 Stat. 401, as
amended; 16 U.S.C. 661-667e)and North Carolina General Statutes (G.S. 113-131 et seq.).
The Cardinal Mitigation Site is located at the terminus of Brice Love Road and west of Pageland
Highway near Monroe, Union County,North Carolina. The current land use is agriculture. The proposed
project would restore, enhance, and/or preserve unnamed tributaries to Buck Branch in the Yadkin-Pee
Dee River basin.
We have no records of state or federally listed rare,threatened, or endangered species at the site. Based
upon the information provided to NCWRC, it is unlikely that stream and wetland mitigation will
adversely affect any state-listed species.
Stream restoration projects often improve water quality and aquatic habitat. Establishing native, forested
buffers in riparian areas will help protect water quality, improve aquatic and terrestrial habitats, and
provide a travel corridor for wildlife species.We offer the following general recommendations to
minimize impacts to aquatic and terrestrial wildlife resources:
1. We recommend riparian buffers are as wide as possible,given site constraints and landowner
needs. NCWRC generally recommends a woody buffer of 100 feet on perennial streams to
maximize the benefits of buffers, including bank stability, stream shading,treatment of overland
runoff, and wildlife habitat.
2. We recommend a plant list that consists of species typically found in reference streams and the
appropriate natural vegetation community, as described by M.P. Schafale in The Guide To The
Natural Communities of North Carolina, Fourth Approximation
(https://www.ncnhp.org/references/nhp-publications/fourth-approximation-descriptions).
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
Page 2
17 March 2021
Cardinal Mitigation
Union County
3. Avoid using orchard grass,tall fescue, or cereal rye,which exhibits allelopathic characteristics,
for soil stabilization.
4. The use of biodegradable and wildlife-friendly sediment and erosion control devices is strongly
recommended. Silt fencing, fiber rolls and/or other products should have loose-weave netting
that is made of natural fiber materials with movable joints between the vertical and horizontal
twines. Silt fencing that has been reinforced with plastic or metal mesh should be avoided as it
impedes the movement of terrestrial wildlife species. Excessive silt and sediment loads can have
detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of
eggs,and clogging of gills.
Thank you for the opportunity to provide comments. If I can be of additional assistance,please call (336)
269-0074 or email olivia.munzer@ncwildlife.org.
Sincerely,
Olivia Munzer
Western Piedmont Habitat Conservation Coordinator
Habitat Conservation Program