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HomeMy WebLinkAboutSW3230602_Wetland Determination/Report_20230623 Delineation of Wetlands and Waters of the U.S. Jerusalem Property on Army Road Union County, NC PIN: 01144012B Prepared for Ingram Walters Jerusalem Property, LLC. 309 Post Office Drive Indian Trail, NC 28079 July 2, 2021 Prepared By Wetlands & Waters, Inc. 4108 LB Propst Dr. Conover, NC 28613 Jerusalem Property on Army Road07.2.2021 Scope Wetlands & Waters, Inc. (W&W) has conducted a preliminary evaluation of parcel 01144012B in Union County, NC, for the purpose of identifying the presence of surface waters and wetlands that may be subject to federal and state jurisdiction and permitting requirements under Sections WOTUS) and the Navigable Waters Protection Rule (2020), which revised former definitions of WOTUS and is currently in effect. Section 404 of the Clean Water Act regulates the discharge of nistered by the U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA). Section 401 of the Clean Water Act grants each state the authority to approve, condition, or deny any Federal permits that could result in a discharge to waters of the State. Unless stated otherwise, this report is limited in scope to evaluation of potential Waters of the United States subject to Federal and/or State jurisdiction under sections 404 and 401 of the Clean Water Act, as amended. Findings and assessments made by consultants regarding jurisdictional limits and permitting requirements are preliminary and subject to verification and modification by the Corps, and in some cases, the State agencies charged with protection of water resource, including the North Carolina Division of Water Resources (DWR). Clean Water Act Field Evaluation Field evaluations are conducted using methods consistent with those outlined in the applicable 12 regional supplement of the 1987 U.S. Army Corps Wetland Delineation Manual. Under normal circumstances, an area is classified as a wetland when indicators of hydrology, hydrophytic vegetation, and hydric soils are present. Surface waters were evaluated for indicators of an Ordinary High-Water Mark (OHWM) and continuous bed and bank formation. OHWM 3 assessments are based on regulatory guidance issued by the Corps to assist in OHWM identification. Stream flow regime determinations are made using the standardized Methodology for Identification of Intermittent and Perennial Streams and Their Origins, version 4.11, developed by DWR. Findings The Corps currently exerts jurisdiction over the territorial seas, waters used in interstate or foreign commerce, tributaries with intermittent (seasonal) and perennial flow regimes, certain categories of wetlands, and lakes, ponds, and impoundments of jurisdictional waters. Based on our assessment of existing site conditions and best professional judgement, tributaries and wetlands potentially subject to Corps jurisdiction are present. Features potentially excluded from Corps jurisdiction were also identified. Findings are represented on the attached delineation map, Figure 1, Approximate Delineation of Surface Waters and Wetlands. W&W identified one primary drainage system, referred to as Crisco Branch, located near the western boundary of the review area which originates offsite and contains portions that are on or 1 U.S. Army Corps of Engineers. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0, ed. J. F. Berkowitz, J. S. Wakeley, R. W. Lichvar, C. V. Noble. ERDC/EL TR-12-9. Vicksburg, MS: U.S. Army Engineer Research and Development Center. 2 Environmental Laboratory. (1987). "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. 3 U.S. Army Corps of Engineers. Regulatory Guidance Letter No. 05-05 Dec. 7, 2005 Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS 2 Jerusalem Property on Army Road07.2.2021 near the property line. This feature exhibits continuous bed and bank formation, a consistent OHWM, and strong characteristics of stream geomorphology, hydrology, and biology. Based on these characteristics, this feature is assessed as having a perennial flow regime and is depicted with a single dot-dashed blue line on the attached Figure 1. One unnamed tributary to Crisco Branch is located in the southwest corner of the property and is also assessed with a perennial flow regime. Two other drainages are unnamed tributaries to Crisco Branch and are assessed as having a consistent OHWM but exhibits weaker characteristics of geomorphology and hydrology and were observed with amphibians at time of survey. Based on these characteristics, these drainages are assessed as having intermittent (seasonal) flow regime. These features are depicted with triple dot-dashed blue lines on the attached Figure 1. Both stream categories meet the criteria required to be considered jurisdictional Waters of the U.S., regulated by the Corps under Section 404 of the Clean Water Act. Several areas exhibiting positive primary and secondary indicators of wetland hydrology, vegetation, and hydric soils were found throughout the review area primarily along the floodplains of onsite tributaries. These areas meet the criteria required to be considered a jurisdictional Water of the U.S., regulated by the Corps under Section 404 of the CWA. These wetlands are shown on the attached Figure 1 as green polygons. At this time, the Corps excludes certain categories of aquatic features from jurisdiction, including but not limited to ephemeral features such as ephemeral streams, ditches, swales, gullies, rills, and pools. Three ephemeral features were identified within the review area. These features do not contain a consistent OHWM and are assessed to only flow during and immediately after storm events. Ephemeral features are not flagged in the field and are labeled on Figure 1 as orange lines. Several marginal areas exhibiting inconsistent or absent primary and/or secondary indicators of wetland hydrology, vegetation, and hydric soils were identified along the western side of the review area. Seasonal variation in average precipitation and temperature, as well as climatic conditions at the time of the field review can affect the degree to which positive wetland indicators are expressed. Because wetland indicators in this area are inconsistent, it should be considered a marginal wetland area with the potential to be captured by the Corps as jurisdictional. Marginal areas are represented on Figure 1 by orange polygons. Natural Resource Data The review area is approximated on the attached public-sourced natural resource maps and figures. Various natural resource data was used to supplement field verification of findings. This information is used by stakeholder agencies as baseline data when assessing the jurisdictional status of aquatic features that may be present on-site. W&W makes no representations relating to the completeness or accuracy of baseline data and layers depicted on these maps and figures. Union County GIS (Figure 2) most likely based on other publicly available these features have not been field verified. When jurisdictional streams are identified on a property by on-site inspection but are absent on County GIS mapping, local authorities typically Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS 3 Jerusalem Property on Army Road07.2.2021 apply local buffer ordinances or rules to those features (unless the buffers are applied based on drainage area or parameters other than DWR stream classification). Conversely, if a stream channel is depicted on the local GIS but is determined to be non-regulated by the Corps and/or DWR, local governments may have the option to remove local buffer protections for those drainages if the property owner or a project proponent can produce concurrence from the Corps and DWR. The County GIS record indicates no local buffers are applicable to the site at this time. USGS Topographic Quadrangle (Figure 3) Topographic quadrangles are commonly used by state and local authorities to assist in applying riparian buffer regulations. Generally, a feature that is depicted in blue or magenta is a water resource, although some features may not be subject to Federal or State jurisdiction due to complex nuances within State and Federal regulations. Additional jurisdictional water resources may be present in addition to what is represented on these maps. NRCS Soil Survey (Figure 4) Soil surveys depict large scale soils characteristics within the evaluated area. Typically, soil surveys do not show specific soils units that are less than two acres in size, but are useful in supplementing field evaluations by identifying potential problematic soils, hydric soils, historic surface drainage features, and other relevant soil characteristics. NWI (Figure 5) These maps depict wetlands based on U.S. Fish and Wildlife Service criteria and are produced by GIS image analysts who identify and classify wetlands and deep-water habitats from aerial imagery. They are not a substitute for a field evaluation, as there are often discrepancies between existing features and those that are mapped by GIS. FEMA Flood Mapping (Figure 6) Federal Emergency Management Act flood maps are utilized by the Army Corps to determine if regulated floodplains are present. The Presidents Executive Order 11990, Protection of Wetlands, requires federal agencies to consider the need to mitigate flood and storm hazards in consideration of all actions. The Corps, as stated in general condition 10 and 27 of the Nationwide Permits, requires completion of a PCN Year Floodplains. If a Section 404 permit is required, the proposed activity must comply with applicable FEMA approved state or local floodplain management requirements. Additional notification requirements, conditions, restrictions, or prohibitions may be imposed depending on the type of proposed activity or permit. N.C. Natural Heritage Program Report The North Carolina Natural Heritage Program (NCNHP) database was consulted to identify natural heritage resources that may be present on-site. The enclosed site-specific report lists documented occurrences of rare species, natural communities, natural and managed areas within or in close proximity to the review area (Attachment A). According to the report there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the review area. A documented occurrence of a species with special State status is identified within a one-mile radius of the site, but consultation under the Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS 4 Jerusalem Property on Army Road07.2.2021 Endangered Species Act is only required for species with federal protections. Questions regarding state-listed species can be directed to N.C. Wildlife Resources Commission. Clean Water Act Permitting Considerations Construction activities requiring excavation or fill in waters of the U.S. are routinely authorized Quality Certification. Activities authorized under the Nationwide Permit program must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable. Other considerations for a review for compliance with general and regional conditions, and impacts to cultural and historic resources, natural heritage resources, and federally protected species. For example, if activities authorized under the Nationwide Permit program may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, Section 106 consultation under the National Historic Preservation Act may be required. Similarly, if activities identified in the Endangered Species Act, Section 7 consultation under the Endangered Species Act may be required. Unavoidable impacts that exceed Nationwide Permit thresholds may only be authorized under an Individual permit and certification, and involve both public notices and comment periods. Compensatory mitigation in all forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) is required to the extent necessary to ensure that a proposed compensatory mitigation is required at a 2:1 ratio for wetland losses that exceed 1/10-acre and require submittal of a PCN, unless the District Engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the District Engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. For losses of stream bed that exceed 2/100-acre and require pre- construction notification, compensatory mitigation at a 2:1 ratio is typically required (applicable to Nationwide Permits reissued and effective March 15, 2021; those not reissued eff. March 15, 2021 remain bound by a 300 linear foot limitation of loss and requirement for compensatory mitigation when impacts exceed 150 linear feet). For stream bed losses of 2/100-acre or less that require a PCN, the District Engineer may determine, on a case-by-case basis, that compensatory mitigation is required to ensure that the activity results in minimal adverse environmental effects. Several forms of mitigation may be used to satisfy compensatory mitigation requirements. Use of private mitigation banks are typically prioritized over other methods if the appropriate credit type (i.e. warm water stream credits, wetland credits, etc.) is available within the service area, or Hydrologic Unit Code (HUC). This project area is located in the Yadkin 03040105 HUC. At the time of this report, private mitigation credits are available. Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS 5 Jerusalem Property on Army Road07.2.2021 In cases where no private mitigation banks are available within the region, an applicant may use other methods to satisfy compensatory mitigation, such as paying into an In-Lieu Fee Program administered by the North Carolina Division of Mitigation Services (DMS). The table below shows current rate schedules used by DMS. Service Area Mitigation Type DMS Rate Per Credit (Effective 7/01/2021) Statewide Standard Stream $603.87 Statewide Standard Freshwater Wetland (Riparian and Non-Riparian) $67,442.06 Premium Service Area Mitigation Type DMS Rate Per Credit (Effective 7/01/2021) Catawba 03050101 Freshwater Wetlands (Riparian and Non-$108,806.92 Riparian) Catawba 03050102 and Freshwater Wetlands (Riparian and Non-$101,450.33 03050103 Riparian) Yadkin 03040201 Freshwater Wetlands (Riparian and Non-$149,604.11 Riparian) Recommendations If formal documentation of delineation concurrence by the Corps is required for local, State, or Federal approvals, or if site plans necessitate impacts to features shown as jurisdictional or potentially jurisdictional, W&W recommends completing a detailed delineation and submitting an Approved Jurisdictional Determination (AJD) to the Corps to confirm the lateral limits of Corps jurisdiction. Ephemeral drainages and marginal wetlands should be considered jurisdictional in the absence of a JD. Once the limits of jurisdiction are confirmed, regulated features should be surveyed by a licensed land surveyor to account for potential project-related impacts, if applicable. This concludes our field assessment of regulated Waters of the U.S. within the review area. If impacts to regulated waters of the U.S. are anticipated, W&W can assist with preparation and submittal of JD requests, permit verification requests, and protected species surveys. Please do not hesitate to contact us should you have questions or concerns. Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS 6 Jerusalem Property on Army Road07.2.2021 Sincerely, Drew Lucas Perry Isner 540-529-2580 704-773-4239 Field Technician Senior Project Manager Attachments: Vicinity Map Figure 1: Approximate Delineation of Surface Waters and Wetlands Figure 2. County GIS Figure 3. USGS Topographic Quadrangle Figure 4. NRCS Soil Survey Figure 5. National Wetlands Inventory Figure 6. FEMA Floodplain Panel Attachment A: NC Natural Heritage Program Report Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS 7 Project Name: Bsnz!Spbe Owner / Developer: Kfsvtbmfn!Qspqfsuz-!MMD/ City / County: Vojpo!Dpvouz Tax PIN(s): 12255123C Wjdjojuz!Nbq Coordinates: Date: Scale: Lat: Graphic 46/247678 Long:.91/47::1517027032 *Wetland Sketch provided for illustrative purposes for preliminary planning use only. Not intended to be relied upon for exact location, dimensions, or orientation. All findings and assessments made by wetland consultants regarding limits of jurisdiction or permitting requirements are subject to verification by the US Army Corps of Engineers and other appropriate state and local authorities. Key: Xfumboet Qfsfoojbm!Usjcvubsz Joufsnjuufou!Usjcvubsz 300 ft 411!gu Project Name: BsnzSpbe Owner / Developer: KfsvtbmfnQspqfsuz-MMD/ City / County: VojpoDpvouz Tax PIN(s): 12255123C Coordinates: Date: Gjhvsf2;BqqspyjnbufEfmjofbujpo Scale: Lat: 1":300' Long: 46/247678.91/47::1517027032 pgTvsgbdfXbufstboeXfumboet GoMaps 1:15,545 June16,2021 00.1250.250.5mi Parcels 00.20.40.8km Source:Esri,Maxar,GeoEye,EarthstarGeographics, County CNES/AirbusDS,USDA,USGS,AeroGRID,IGN,andtheGIS UserCommunity Esri,HERE,Garmin,(c)OpenStreetMapcontributors,andtheGIS Project Name: Bsnz!Spbe Owner / Developer: Kfsvtbmfn!Qspqfsuz-!MMD/ City / County: Vojpo!Dpvouz Tax PIN(s): 12255123C Gjhvsf!3;!Dpvouz!HJT Coordinates: Date: Scale: Lat: 46/247678 Long:.91/47::15Hsbqijd17027032 Project Name: Bsnz!Spbe Owner / Developer: Kfsvtbmfn!Qspqfsuz-!MMD/ City / County: Vojpo!Dpvouz Tax PIN(s): 12255123C Coordinates: Date: Gjhvsf4;VTHTUpqphsbqijd Scale: Lat: Graphic 46/247678 Long:.91/47::1517027032 Rvbesbohmf Project Name: Bsnz!Spbe Owner / Developer: Kfsvtbmfn!Qspqfsuz-!MMD/ City / County: Vojpo!Dpvouz Tax PIN(s): 12255123C Gjhvsf!5;!OSDT!Tpjm!Tvswfz Coordinates: Date: Scale: Lat: Graphic 46/247678 Long:.91/47::1517027032 Project Name: Bsnz!Spbe Owner / Developer: Kfsvtbmfn!Qspqfsuz-!MMD/ City / County: Vojpo!Dpvouz Tax PIN(s): 12255123C Coordinates: Date: Gjhvsf6;ObujpobmXfumboe Scale: Lat: Graphic 46/247678 Long:.91/47::1517027032 Jowfoupsz Project Name: Bsnz!Spbe Owner / Developer: Kfsvtbmfn!Qspqfsuz-!MMD/ City / County: Vojpo!Dpvouz Tax PIN(s): 12255123C Gjhvsf!7;!GFNB!Gmppeqmbjo!Qbofm Coordinates: Date: Scale: Lat: Graphic 46/247678 Long:.91/47::1517027032