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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 4 h94lI 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. RIVERINE • R4SBC es) r) , �MgNT OF Ty FISH&WILDLIFE . 4.A1 IXP iSERVICE 2 United States Department of the Interior riv," ,,,,„, ,„ .„ ' FISH AND WILDLIFE SERVICE �gR aa Asheville Field Office T,.F.,,.. 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