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HomeMy WebLinkAbout20231114 Ver 1_PCN Attachments_Catawba Creek Greenway_20230809FROEHLING t ROBERTSON Assess. Manage. Consult. August 9, 2023 United States Army Corps of Engineers NC Division of Water Resources Charlotte Regulatory Field Office 401 and Buffer Permitting Branch Via Online PCN Form Submittal Via Online PCN Form Submittal Re: Nationwide Permit 14 Application and WQGC 4246 Catawba Creek Greenway Along Catawba Creek from Robinwood Road to just east of the terminus of Post Court Proposed Public Greenway for the City of Gastonia Gastonia, Gaston County, NC F&R Project No. 5913-0004 On behalf of the City of Gastonia, please accept this application for a US Army Corps of Engineers (USACE) Nationwide Permit 14 and NC Division of Water Resources (DWR) Water Quality Certification 4246 for the proposed jurisdictional waters impacts associated with the Catawba Creek Greenway project, which covers an approximately 6.9 acre area and extends approximately 0.8 miles along Catawba Creek from Robinwood Road to just east of the terminus of Post Court in Gastonia, Gaston County, NC. A list of attachments is included below and the documents are attached to this letter. Please let us know if you have any questions or if any additional information is required in order to process this request. Sincerely, Froehling & Robertson, Inc. Z - � IJ/ Elias N. Ruhl Natural Resources Practice Leader (919)630-1705 ERuhl(@FandR.com Attachments: Purpose & Need / Avoidance & Minimization Letter DWR Pre -File Notice Agent Authorization Letter Wetland Delineation Report and Attachments Catawba Creek Greenway - Impact Maps Protected Resources Review State Historic Preservation Office Concurrence Letter Construction Plans and Specification Details A Minority -Owned Business Purpose and Need for the Project The purpose of this project is to provide a new greenway, approximately 0.8 miles in length, along Catawba Creek connecting the surrounding neighborhoods to the existing and future planned greenways in the region. A pedestrian bridge across Catawba Creek will be constructed to provide these neighborhood and regional connections. This greenway will provide free, public, off -road, close to home walking and biking access to Robinwood Road. It will also allow people with disabilities to safely access the path and experience a scenic creekside greenway. Construction of the pedestrian bridge will be outside of the floodplain and Gaston County's floodplain development ordinance will not be required, though a permit has been prepared for record keeping. A hydraulic study was completed to set the bridge finish elevations and proposed grades around the supporting abutments. In terms of clearing the majority of the proposed greenway is located within a City of Gastonia easement and will require very little clearing. The construction equipment used to build the pedestrian bridges will be industry standard dump trucks, loaders, pile drivers, crane, and excavator. Only limited grading will be needed for the proposed greenway bridge. Any surplus fill generated by the project will be transported off -site and disposed of in a legally approved landfill. Avoidance and Minimization Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. A pre-engineered bridge is used to span Catawba Creek in a single span to avoid any impacts to the bed or banks of the stream. Pile supported abutments are being used for the bridge to minimize grading near the top of creek banks. Additionally, the greenway alignment was altered significantly following the wetland delineation in an effort to avoid impacts to jurisdictional features where possible and to minimize the necessary impacts through the design process where impacts were unavoidable. During construction, adequate sedimentation and erosion control measures will be used to contain sediment and prevent any disturbances to downstream waters. Construction will follow NCDEQ best practices. All work will be constructed in the dry. Proposed Impact to Jurisdictional Waters Minimal permanent impacts to jurisdictional surface water (streams) are proposed for the construction of this project. A total of 370 SF (44 LF) of permanent stream impacts are proposed within Catawba Creek tributaries at the crossing locations. 72 SF (8 LF) of temporary impacts are proposed. Several small pockets of delineated wetlands were identified within the alignment of the proposed greenway. Approximately 0.09 acres of permanent wetland impacts and 0.06 acres of temporary wetland impacts are proposed for the construction of this project. Impacts include fill and erosion control due to the construction of this greenway. Elias Ruhl From: Elias Ruhl Sent: Wednesday, June 21, 2023 3:28 PM To: '401 PreFile@ncdenr.gov' Subject: 401 Pre -file Notice: Catawba Creek Greenway Please accept this email as a pre -file notice for the anticipated 401 permitting application for the identified project. Project Name: Catawba Creek Greenway County: Gaston Applicant Name: City of Gastonia Applicant Representative: Jeff Ashbaugh Applicant Representative Company: Benesch Applicant Email: mash baugh(a-)benesch.com Authorized Agent Name: Elias Ruhl (Froehling & Robertson, Inc.) Agent Email: ERuhl@fandr.com Please let me know if you need any additional information prior to filing. Eli 1 FRO EHLING# ROBERTSON Assess. Manage. Consult. June 21, 2023 United States Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 Re: Agent Authorization Letter Catawba Creek Greenway Along Catawba Creek from Robinwood Road to just east of the terminus of Post Court Proposed Public Greenway for the City of Gastonia Gastonia, Gaston County, NC Latitude / Longitude: 35.234509° /-81,147076' The undersigned, registered property owner(s) of the above -note property or acting as the duly authorized agent of the owner of record of the property, do hereby authorize Froehling & Robertson, Inc. (F&R) to act on behalf of the current property owner(s) as the agent for all actions necessary for the processing, issuance, and acceptance of permits or certifications pertaining to Waters of the United States at the above referenced project site. This agent authorization letter supersedes all previous agent authorizations. Owner Signature: (required) 2d Signature: (optional) Al Printed Name: Rusty Bost Printed Name: Date: 08/3/2023 Date: Organization: City of Gastonia Organization: Mailing Address: 150 S York St. Gastonia, NC 28052 Mailing Address: Email Address: rusty.bost@gastonianc.gov Email Address: Phone Number: 704-854y-6635 Phone Number: A Minority -Owned Business FROEHLING 4' ROBERTSON Assess. Manage. Consult. February 2, 2023 Brian Cannella NC Division Manager Alfred Benesch & Company 2359 Perimeter Pointe Parkway, Suite 350 Charlotte, NC 28208 Re: Wetland Delineation Report Catawba Creek Greenway 2100 Robinwood Road Gastonia, Gaston County, NC F&R Project No. 5913-0004 Property Description: Size (acres): Approximately 6.9 acres Nearest Town: Gastonia, NC Nearest Waterway: Catawba Creek River Basin: Catawba River USGS HUC: 030501011502 Coordinates: Lat: 35.234509' Long:-81.147076' Location: Starting approximately 50 feet east of Robinwood Road, near Gastonia, Gaston County, North Carolina, it consists of a 100-foot wide easement totaling approximately 5,000 LF, ending at the easternmost point of Post Ct. Ms. Crowder, Froehling & Robertson, Inc., (F&R) presents herein the results of the stream and wetland delineation conducted at the Catawba Creek Greenway site. The review area starts approximately 50 feet east of Robinwood Road, near Gastonia, Gaston County, North Carolina. It consists of a 100-foot wide easement totaling approximately 5,000 LF, ending at the easternmost point of Post Ct. The site consists of wooded land and a cleared sewer easement, and is situated within an area of residential development. The following is a summary of our findings and is not intended to replace more detailed information contained elsewhere in this report. Based on F&R's field observations and information review, likely jurisdictional features, including one retention pond (P1), five streams (Catawba Creek, S1, S2, S3 and S4), and four wetlands (W1, W2, W3 and W4), were identified and delineated within the review area during our assessment. Catawba Creek is shown on the most recent United States Geological Survey (USGS) map, the Natural Resource Conservation Service (NRCS) Soil Survey Map, and the National Wetland Inventory (NWI) Map. None of the other identified features were previously mapped; however, each of these features are anticipated to be considered jurisdictional and subject to regulatory oversight by the US Army Corps of Engineers and NCDEQ. A graphic depiction of the identified feature locations and relevant stream buffers is included in the attachments. A Minority -Owned Business SCOPE OF SERVICES This report describes the activities and findings associated with the completion of a stream and wetland assessment for the above -referenced review area. F&R reviewed applicable information sources to identify areas on the project site that could be considered "Waters of the US" (i.e., wetland, stream, and open water features) and subject to jurisdiction by Environmental Protection Agency (EPA), United States Army Corps of Engineers (USACE) and/or North Carolina Division of Water Resources (NCDWR). On -site determination of the presence or absence of wetlands was performed in general accordance with the 1987 Corps of Engineers Wetlands Delineation Manual and subsequent USACE clarification memorandums. On -site identification of streams was performed in general accordance with the NCDWR Identification Methods of the Origins of Intermittent and Perennial Streams. SITE CONDITIONS Information Review F&R reviewed all or some of the following resources prior to visiting the project site: United States Geological Survey (USGS) current 1:24,000-scale topographic map, Natural Resource Conservation Service (NRCS) Soil Survey, National Wetland Inventory (NWI), and aerial photographs. The most recent NRCS Soil Survey data indicate three soil series located within the project review area: Cecil sandy clay (CeD2 and CeB2), Chewacla loam, 0 to 2 percent slopes, frequently flooded (ChA), and Pacolet sandy loam, 15 to 25 percent slopes (PaQ. The Chewacla soil series mapped within the project area is classified as hydric soil. Hydric soils are defined as "soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part." The presence of hydric soils is one of three wetland delineation criteria. On -Site Observations The review area is situated within a residential area. The project site consists of wooded land and a cleared sewer easement, and is situated within an area of residential development. One retention pond (P1), five streams (Catawba Creek, S1, S2, S3, and S4), and four wetlands (W1, W2, W3, and W4) were identified within the review area and delineated during our assessment. Based on F&R's on -site observations, the above -listed features are each likely to be considered jurisdictional "Waters of the US" (WOTUS) by the USACE and/or NCDWR; however, on -site determinations by the USACE and NCDWR will be required in order to confirm or deny jurisdiction by these two regulatory agencies. The approximate locations of the mapped surface features are shown on the Wetlands Identification Map in the Attachments and are described as follows: • Surface Water Feature 1(P1) — An approximately 0.01- acre retention pond on the northern edge of the review area, which drains through S3, flowing south to Catawba Creek. This feature is anticipated to be considered WOTUS by the USACE and classified as a "relatively permanent water" (RPW) by the USACE and a "surface water feature" by NCDWR. Wetland 1(W1) - An approximately 0.025-acre (1,089 SF) feature located within the western portion of the review area. The feature is anticipated to be considered WOTUS by the USACE and classified as a jurisdictional wetland. Alfred Benesch Catawba Creek Green way — Wetland Delineation F&R Project No. 59B-0004 2 February 2, 2023 • Wetland 2 (W2) - An approximately 0.04-acre (1,742 SF) feature located within the central portion of the review area. The feature is anticipated to be considered WOTUS by the USACE and classified as a jurisdictional wetland. • Wetland 3 (W3) - An approximately 0.46-acre (20,037 SF) feature located within the western portion of the review area, that connects contiguously outside of the review area to the north. Wetland Data Point 2 (DP-2) was taken within the vicinity of this wetland. The feature is anticipated to be considered WOTUS by the USACE and classified as a jurisdictional wetland. • Wetland 4 (W4) - An approximately 0.02-acre (871.20 SF) feature located within the southern portion of the review area, that connects contiguously outside of the review area to the east. The feature is anticipated to be considered WOTUS by the USACE and classified as a jurisdictional wetland. • Catawba Creek - A perennial stream beginning in the northwestern side of the review area flowing southeast through portions of the review area corridor. This feature is anticipated to be considered WOTUS by the USACE and classified as a "relatively permanent water" (RPW) by the USACE and a "perennial stream" by NCDWR. This feature measures approximately 3,000 LF within the review area. • Stream 1 (S1) — An intermittent stream located in the eastern portion of the review area that generally flows south. The stream originates from an ephemeral channel connected to and confluences with Catawba Creek just south of the review area. This feature is anticipated to be considered WOTUS by the USACE and classified as a "relatively permanent water" (RPW) by the USACE and an "intermittent stream" by NCDWR. This feature measures approximately 23 LF within the review area. • Stream 2 (S2) — An intermittent stream located in the eastern portion of the review area that generally flows south. The stream originates from an ephemeral channel connected to and confluences with Catawba Creek just south of the review area. This feature is anticipated to be considered WOTUS by the USACE and classified as a "relatively permanent water" (RPW) by the USACE and an "intermittent stream" by NCDWR. This feature measures approximately 15 LF within the review area. • Stream 3 (S3) — An intermittent stream located in the east -central portion of the review area that generally flows south. The stream originates from P1 and confluences with Catawba Creek in the southern edge of the review area. This feature is anticipated to be considered WOTUS by the USACE and classified as a "relatively permanent water" (RPW) by the USACE and an "intermittent stream" by NCDWR. This feature measures approximately 78 LF within the review area. • Stream 4 (S4) — An intermittent stream located in the central portion of the review area that generally flows east The stream originates from a culvert just north of the review area and confluences with Catawba Creek in the southern edge of the review area. This feature is anticipated to be considered WOTUS by the USACE and classified as a "relatively permanent water" (RPW) by the USACE and an "intermittent stream" by NCDWR. This feature measures approximately 102 LF within the review area. During F&R's assessment, one retention pond (P1), five streams (Catawba Creek, S1, S2, S3, and S4), four wetlands (W1, W2 W3 and W4) were identified and delineated within the review area. It is F&R's opinion that these features are likely to be considered jurisdictional by the USACE and/or NCDWR based on F&R's on -site Alfred Benesch Catawba Creek Green way — Wetland Delineation F&R Project No. 59B-0004 3 February 2, 2023 observations. Based on this information, the features would be subject to USACE or NCDWR regulations in accordance with the Clean Water Act (CWA). On -site determinations by the USACE and NCDWR will be required in orderto confirm or deny jurisdiction bythesetwo regulatory agencies. Please see Figure 5 in the attachments for a graphic depiction of the stream and wetland features identified within the review area. Please note that the attached Stream, and Wetland Identification Maps prepared by F&R is meant for use as a reference document only. This map is not designed to satisfy any requirement for a survey plat by a licensed surveyor nor is it intended to be used for construction purposes or relied upon for the jurisdictional limits of the mapped surface features. GENERAL GUIDANCE F&R recommends that plans for development of the subject property consider the USACE and NCDWR procedures for assessing impacts to jurisdictional wetlands and/or streams (i.e., avoid, minimize, and mitigate) to optimize permitting strategies. If proposed development on the project site does not result in impacts to wetland areas, the areas immediately adjacent to wetland boundaries, or the identified Waters of the US, a USACE permit will not be necessary. Typical activities requiring USACE permitting include, but are not limited to, depositing of fill or dredged material in wetlands; site development fill; construction of revetments, groins, breakwaters, levees, dams, dikes, and weirs; and placement of riprap and road fill. If impacts to these areas are anticipated, F&R recommends that site plans be developed that optimize permitting strategies to comply with the USACE, NCDWR, and local municipality procedures for assessing impacts to jurisdictional wetlands and/or "Waters of the US" (i.e., avoid, minimize, and mitigate). If future impacts to jurisdictional wetlands and/or streams are anticipated, the appropriate permit applications for regulatory review must be completed prior to any initiation of activities that may require permitting. F&R can provide alternative design measures and make the written request based upon extensive experience and professional relationships with the USACE and NCDWR throughout North Carolina in the event that impacts are unavoidable and written authorization needs to be requested. LIMITATIONS This report has been prepared for the exclusive use of Alfred Benesch (Client) and others so designated by the Client for this specific project. These services have been provided in accordance with generally accepted environmental practices. No other warranty, expressed or implied, is made. Our observations were based upon conditions readily visible at the site at the time of our visit. If additional information becomes available which may affect our conclusions and recommendations, we request the opportunity to review the information, and reserve the right to modify our report, as warranted. CLOSURE Please do not hesitate to contact us if you have any questions or require further information. We appreciate the opportunity to work with you as your environmental consultant. Please do not hesitate to contact us if you have any questions, comments or additional needs. Alfred Benesch Catawba Creek Green way — Wetland Delineation F&R Project No. 59B-0004 4 February 2, 2023 Sincerely, FROEHLING & ROBERTSON, INC. Erin Binkley Environmental Scientist Attachments: General Conditions and Limitations Figure 1: Site Location Map Figure 2: USGS Topographical Map Figure 3: NRCS Soil Survey Map Figure 4: National Wetland Inventory Map Figures 5: Stream and Wetland ID Map - North Figures 6: Stream and Wetland ID Map - South Site Photographs NCDWR Stream Determination Forms USACE Wetland Identification Forms Elias N. Ruhl Natural Resources Practice Leader Alfred Benesch Catawba Creek Green way — Wetland Delineation F&R Project No. 59B-0004 5 February 2, 2023 GENERAL TERMS, CONDITIONS, AND LIMITATIONS Froehling & Robertson, Inc. by virtue of providing the services described in this proposal does not assume the responsibility of the person(s) in charge of the site, or otherwise undertake responsibility for reporting to any local, State, or Federal public agencies any conditions at the site that may present a potential danger to public health, safety, or the environment. The CLIENT agrees to notify the appropriate local, State, or Federal public agencies as required by law, or otherwise to disclose, in a timely manner, any information that may be necessary to prevent any danger to public health, safety, or the environment. The scope of work will be limited to what is provided for in this report. This evaluation will not constitute an exhaustive evaluation of the site or extant reports. Our services will be based upon available data and upon current industry standards. Under this scope of services, F&R assumes no responsibility regarding response actions conducted by the Client and/or outside contractors initiated as a result of this study(s). Response actions are the sole responsibility of the Client and should be conducted in accordance with local, state, and/or federal requirements, and should be performed by appropriate trained and licensed -personnel, as warranted. F&R also assumes no responsibility regarding implementation of any recommendations made as a result of this report. The findings, recommendations, or discussions provided as part of our services should not be construed in any way as a recommendation to purchase, sell, or develop the project site. F&R retains the right to revise our opinions or conclusions if new information is later discovered or made available. When hazardous materials are known, assumed or suspected to exist at a site, F&R is required to take appropriate precautions to protect the health and safety of personnel, to comply with applicable laws and regulations, and to follow procedures that an engineer deemed prudent to minimize physical risks to employees and the public. The CLIENT hereby warrants that, if he knows or has any reason to assume or suspect that hazardous materials may exist at the project site, the CLIENT has so informed F&R. If pollutants are discovered that, in our sole opinion, pose unanticipated risks, it is hereby agreed that the scope of services, schedule and the estimated costs will be reconsidered and that this contract shall immediately become subject to renegotiation or, in the sole discretion of Froehling & Robertson, termination. If accepted, these stated prices are subject to a negotiated increase after a one-year period. Alfred Benesch Catawba Creek Green way — Wetland Delineation F&R Project No. 59B-0004 6 February 2, 2023 _ j L u, loll* i Y o. z 9 j4 a?Ie��ayuiM Y Q �b G � C O u O J c o _ a, C n O N O` - N M y 3 o u N � � c 00 a; y OJ x o C O z . C7 s " 'o a. Y (U O 7 uo9npn� LL z - 3 41 m u RMSTRONG pARK R ❑ �_ Rib z - �_ - -lp CL Ln 4.1 CL n. 7 O 1 Q O N I+ { y o m = 00 ❑ — -r c� i _ 'C �� -06 o�� a v i r ` �- V 41 U 11 yam: ,PAWNS I RE D R 0�� rf Otis m E I z f&R 1. View of the western end of the review area facing east. 2. View of Catawba Creek facing west upstream. Catawba Creek Greenway (59B-0004) 1 Jurisdictional Wetland Delineation 3. View of Catawba Creek facing east downstream. 4. View looking southeast at Wetland 1(W1). Catawba Creek Greenway (59B-0004) 2 Jurisdictional Wetland Delineation r 1 �..... ice,... �.. i IB .' .> 3 y�JFtim ME y,� �;,, �['�. %�.• J':... r •iiiti �tN 1 �;, _r�.'l - 1:'�p�y�� �=Y. n� '.. xy -a rjlo n "' wr - r 1 :_� . �: , • �....�,: c..: �I _ ZX ➢y�� 1� �may�; � .�• � .�� ..�� Ot ..� 'alp �.'�,:i� � + � � '1 �� i.:. � T• ®e 9. View looking west from DP-1 (upland). 10. View looking east from DP-2 (Wetland 3). Catawba Creek Greenway (59B-0004) 5 Jurisdictional Wetland Delineation 11. View looking north from DP-2 (Wetland 3). 12. View looking south from DP-2 (Wetland 3). Catawba Creek Greenway (59B-0004) 6 Jurisdictional Wetland Delineation 13. View looking west from DP-2 (Wetland 3). 4k` A!'. 14. View looking at DP-2 (Wetland 3) soils. Catawba Creek Greenway (59B-0004) 7 Jurisdictional Wetland Delineation 15. View of Stream 1 (S1) facing upstream. 16. View of Stream 1 (S1) facing downstream. Catawba Creek Greenway (59B-0004) 8 Jurisdictional Wetland Delineation 17. View of Stream 2 (S2) facing upstream. 18. View of Stream 2 (S2) facing downstream. Catawba Creek Greenway (59B-0004) 9 Jurisdictional Wetland Delineation x 19. View of Stream 3 (S3) facing upstream. 20. View of Stream 3 (S3) facing downstream. Catawba Creek Greenway (59B-0004) 10 Jurisdictional Wetland Delineation x 21. View of Stream 4 (S4) facing downstream toward Catawba Creek. ,{. J ' 4 L. x # •�T�f�r} y W��•.. _ t �u ...; .4 '�-�':+� :.��[�- µ}me• ' *. '. ; 5'�'. .yam ^4ti �.,'. .•ry-A 22. View of Stream 4 (S4) facing downstream. Catawba Creek Greenway (59B-0004) 11 Jurisdictional Wetland Delineation 23. View of Stream 4 (S4) facing upstream. 24. View of drainage pond (P1)on northern edge of review area, facing northwest. Catawba Creek Greenway (59B-0004) 12 Jurisdictional Wetland Delineation S1 NC DWQ Stream Identification Form Version 4.11 Date: 1/11/2023 Project/Site: Catawba Creek Latitude: 35.2361 Evaluator: Erin Binkley County: Gaston Longitude:-81.15046 Total Points: 24.5 Stream Determination (choose one) Other Gastonia, NC Stream is at least intermittent if>_ 19 or perennial if> 30' Intermittent e.g. Quad Name: A. Geomorphology (Subtotal = 13 ) Absent Weak Moderate Strong 1" Continuity of channel bed and bank 0 1 2 • 3 2. Sinuosity of channel along thalweg 0 1 • 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 • 1 2 3 5. Active/relict floodplain 0 1 2 • 3 6. Depositional bars or benches 0 1 2 • 3 7. Recent alluvial deposits 0 1 • 2 3 8. Headcuts 0 1 2 • 3 9. Grade control 0 0.5 • 1 1.5 10. Natural valley 0 0.5 • 1 1.5 11. Second or greater order channel No = 0 & Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 7.5 ) 12. Presence of Baseflow 0 1 2 • 3 13. Iron oxidizing bacteria 0 • 1 2 3 14. Leaf litter 1.5 1 0.5 • 0 15. Sediment on plants or debris 0 0.5 1 • 1.5 16. Organic debris lines or piles 0 0.5 1 • 11 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 • C. Biology (Subtotal = 4 18. Fibrous roots in streambed 3 2 1 • 0 19. Rooted upland plants in streambed 3 • 2 1 0 20. Macrobenthos (note diversity and abundance) 0 • 1 2 3 21. Aquatic Mollusks 0 • 1 2 3 22. Fish 0 • 0.5 1 1.5 23. Crayfish 0 • 0.5 1 1.5 24. Amphibians 0 • 0.5 1 1.5 25. Algae 0 • 0.5 1 1 1.5 26. Wetland plants in streambed I FACW = 0.75; OBL = 1.5 Other = 0 Other (0) `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: S2 NC DWQ Stream Identification Form Version 4.11 Date: 1/11/2023 Project/Site: Catawba Creek Latitude: 35.23604 Evaluator: Erin Binkley County: Gaston Longitude:-81.15019 Total Points: 25.5 Stream Determination (choose one) Other Gastonia, NC Stream is at least intermittent if>_ 19 or perennial if> 30' Intermittent e.g. Quad Name: A. Geomorphology (Subtotal = 13 ) Absent Weak Moderate Strong 1" Continuity of channel bed and bank 0 1 • 2 3 2. Sinuosity of channel along thalweg 0 1 2 • 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 • 3 5. Active/relict floodplain 0 1 • 2 3 6. Depositional bars or benches 0 1 • 2 3 7. Recent alluvial deposits 0 1 • 2 3 8. Headcuts 0 1 2 • 3 9. Grade control 0 0.5 1 • 1.5 10. Natural valley 0 • 0.5 1 1.5 11. Second or greater order channel No = 0 • Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 7.5 ) 12. Presence of Baseflow 0 1 2 • 3 13. Iron oxidizing bacteria 0 • 1 2 3 14. Leaf litter 1.5 1 • 0.5 0 15. Sediment on plants or debris 0 0.5 • 1 1.5 16. Organic debris lines or piles 0 0.5 1 •1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 • C. Biology (Subtotal = 5 18. Fibrous roots in streambed 3 2 • 1 0 19. Rooted upland plants in streambed 3 • 2 1 0 20. Macrobenthos (note diversity and abundance) 0 • 1 2 3 21. Aquatic Mollusks 0 • 1 2 3 22. Fish 0 • 0.5 1 1.5 23. Crayfish 0 • 0.5 1 1.5 24. Amphibians 0 • 0.5 1 1.5 25. Algae 0 • 0.5 1 1 1.5 26. Wetland plants in streambed I FACW = 0.75; OBL = 1.5 Other = 0 Other (0) `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: S3 NC DWO Stream Identification Form Version 4.11 Date: 1/11/2023 Project/Site: Catawba Creek Latitude: 35.236009 Evaluator: Erin Binkley County: Gaston Longitude:-81.14990 Total Points: 28.5 Stream Determination (choose one) Other Gastonia, NC Stream is at least intermittent if>_ 19 or perennial if> 30' Intermittent e.g. Quad Name: A. Geomorphology (Subtotal = 17 ) Absent Weak Moderate Strong 1" Continuity of channel bed and bank 0 1 2 3 • 2. Sinuosity of channel along thalweg 0 • 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 O 4. Particle size of stream substrate 0 1 2 • 3 5. Active/relict floodplain 0 • 1 2 3 6. Depositional bars or benches 0 1 2 • 3 7. Recent alluvial deposits 0 1 2 • 3 8. Headcuts 0 1 2 3 • 9. Grade control 0 0.5 1 1.5 • 10. Natural valley 0 0.5 • 1 1.5 11. Second or greater order channel No = 0 & Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal = 6.5 ) 12. Presence of Baseflow 0 • 1 2 3 13. Iron oxidizing bacteria 0 • 1 2 3 14. Leaf litter 1.5 1 • 0.5 0 15. Sediment on plants or debris 0 0.5 1 • 1.5 16. Organic debris lines or piles 0 0.5 1 1 1.5 • 17. Soil -based evidence of high water table? No = 0 Yes = 3 • C. Biology (Subtotal = 5 18. Fibrous roots in streambed 3 2 • 1 0 19. Rooted upland plants in streambed 3 • 2 1 0 20. Macrobenthos (note diversity and abundance) 0 • 1 2 3 21. Aquatic Mollusks 0 • 1 2 3 22. Fish 0 • 0.5 1 1.5 23. Crayfish 0 • 0.5 1 1.5 24. Amphibians 0 • 0.5 1 1.5 25. Algae 0 • 0.5 1 1 1.5 26. Wetland plants in streambed I FACW = 0.75; OBL = 1.5 Other = 0 Other (0) `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: S4 NC DWO Stream Identification Form Version 4.11 Date: 1/11/2023 Project/Site: Catawba Creek Latitude: 35.23562 Evaluator: Erin Binkley County: Gaston Longitude:-81.14845 Total Points: 31 Stream Determination (choose one) Other Gastonia, NC Stream is at least intermittent if>_ 19 or perennial if> 30' Intermittent e.g. Quad Name: A. Geomorphology (Subtotal = 20 ) Absent Weak Moderate Strong 1" Continuity of channel bed and bank 0 1 2 3 • 2. Sinuosity of channel along thalweg 0 1 • 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 O 4. Particle size of stream substrate 0 1 2 3 • 5. Active/relict floodplain 0 1 • 2 3 6. Depositional bars or benches 0 1 2 on 3 7. Recent alluvial deposits 0 1 2 3 • 8. Headcuts 0 1 2 3 • 9. Grade control 0 0.5 1 CO) 1.5 10. Natural valley 0 • 0.5 1 1.5 11. Second or greater order channel No = 0 • Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal = 6 ) 12. Presence of Baseflow 0 • 1 2 3 13. Iron oxidizing bacteria 0 • 1 2 3 14. Leaf litter 1.5 1 • 0.5 0 15. Sediment on plants or debris 0 0.5 1 • 1.5 16. Organic debris lines or piles 0 0.5 1 • 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 • C. Biology (Subtotal = 5 18. Fibrous roots in streambed 3 2 • 1 0 19. Rooted upland plants in streambed 3 • 2 1 0 20. Macrobenthos (note diversity and abundance) 0 • 1 2 3 21. Aquatic Mollusks 0 • 1 2 3 22. Fish 0 • 0.5 1 1.5 23. Crayfish 0 • 0.5 1 1.5 24. Amphibians 0 • 0.5 1 1.5 25. Algae 0 • 0.5 1 1 1.5 26. Wetland plants in streambed I FACW = 0.75; OBL = 1.5 Other = 0 Other (0) `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Culvert outfall - not perennial Sketch: U.S. Army Corps of Engineers OMB Control#: 0710-0024, Exp:1113012024 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-12-9; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Catawba Creek Greenway City/County: Hendersonville/Henderson Sampling Date: 1/11/2023 Applicant/Owner: Benesch State: NC Sampling Point: DP-1 Investigator(s): Erin Binkley Section, Township, Range: NA Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Convex Slope (%): 10-20 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.235382' Long:-81.148283° Datum: NAD83 Soil Map Unit Name: Chewacla loam, frequently flooded NWI classification: NA Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: The Antecedent Precipitation Tool (APT) shows wetter than normal hydrologic conditions on the day of sampling HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) —Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) _Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) —Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) —Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) —Iron Deposits (135) _ Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Parameter is not met. The Antecedent Precipitation Tool (APT) shows wetter than normal hydrologic conditions on the day of sampling. ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: DP-1 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Fagus grandifolia 30 Yes FACU Number of Dominant Species 2. Carpinus caroliniana 20 Yes FAC That Are OBL, FACW, or FAC: 5 (A) 3. Liriodendron tulipifera 5 No FACU Total Number of Dominant 4. Species Across All Strata: 6 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 83.3% (A/B) 55 =Total Cover Prevalence Index worksheet: 50% of total cover: 28 20% of total cover: 11 Total % Cover of: Multiply by: SaDlina Stratum (Plot size: 30 ) OBL species 0 x 1 = 0 1. Liquidambar styraciflua 3 Yes FAC FACW species 40 x 2 = 80 2. Acer rubrum 3 Yes FAC FAC species 56 x 3 = 168 3. FACU species 38 x 4 = 152 4. UPL species 0 x 5 = 0 5. Column Totals: 134 (A) 400 (B) 6. Prevalence Index = B/A = 2.99 6 =Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 3 20% of total cover: 2 _ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: 30 ) X 2 - Dominance Test is >50% 1. Ligustrum sinense 3 No FACU 3 - Prevalence Index is :53.0' 2. 4 - Morphological Adaptations' (Provide supporting 3 data in Remarks or on a separate sheet) 4. -Problematic Hydrophytic Vegetation' (Explain) 5. 'Indicators of hydric soil and wetland hydrology must be 6. present, unless disturbed or problematic. Definitions of Five Vegetation Strata: 3 =Total Cover 50% of total cover: 2 20% of total cover: 1 Tree - Woody plants, excluding woody vines, Herb Stratum (Plot size: 15 ) approximately 20 ft (6 m) or more in height and 3 in. 1. Osmundastrum cinnamomeum 40 Yes FACW (7.6 cm) or larger in diameter at breast height (DBH). 2. Hexastylis arifolia 5 No FAC Sapling - Woody plants, excluding woody vines, 3. approximately 20 ft (6 m) or more in height and less 4 than 3 in. (7.6 cm) DBH. 5. Shrub - Woody Plants, excluding woody vines, 6 approximately 3 to 20 ft (1 to 6 m) in height. 7. Herb - All herbaceous (non -woody) plants, including 8. herbaceous vines, regardless of size, and woody 9 plants, except woody vines, less than approximately 3 ft (1 m) in height. 10. 11. Woody Vine - All woody vines, regardless of height. 45 =Total Cover 50% of total cover: 23 20% of total cover: 9 Woody Vine Stratum (Plot size: 15 ) 1. Smilax rotundifolia 25 Yes FAC 2. 3. 4. 5. Hydrophytic 25 =Total Cover Vegetation 50% of total cover: 13 20% of total cover: 5 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) Parameter is met. ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP-1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-5 10YR 4/4 100 Loamy/Clayey 5-11 10YR 4/6 100 Loamy/Clayey 11-18 7.5YR 4/6 100 Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) _ Hydrogen Sulfide (A4) _Stratified Layers (A5) 2 cm Muck (A10) (LRR N) —Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) _Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Parameter not met. _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _ Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) _ Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: _ 2 cm Muck (A10) (MLRA 147) —Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 1479 148) —Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 U.S. Army Corps of Engineers OMB Control#: 0710-0024, Exp:1113012024 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-12-9; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Catawba Creek Greenway City/County: Gastonia/Gaston Sampling Date: 1/12/2023 Applicant/Owner: Benesch State: NC Sampling Point: DP-2 Investigator(s): Erin Binkley Section, Township, Range: NA Landform (hillside, terrace, etc.): Terrace Local relief (concave, convex, none): Concave Slope (%): 2-5 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.23469 Long:-81.14676 Datum: NAD83 Soil Map Unit Name: Chewacla loam, frequently flooded NWI classification: NA Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: The Antecedent Precipitation Tool (APT) shows wetter than normal hydrologic conditions on the day of sampling HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) X Drainage Patterns (1310) —Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) X Moss Trim Lines (1316) _Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) X Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) —Crayfish Burrows (C8) X Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) —Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) —Iron Deposits (135) X Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Parameter is met. The Antecedent Precipitation Tool (APT) shows wetter than normal hydrologic conditions on the day of sampling. Heavy sediment runoff from culvert drainage. ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: DP-2 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Liquidambarstyraciflua 70 Yes FAC Number of Dominant Species 2. Liriodendron tulipifera 5 No FACU That Are OBL, FACW, or FAC: 4 (A) 3. Carpinus caroliniana 5 No FAC Total Number of Dominant 4. Species Across All Strata: 7 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 57.1 % (A/B) 80 =Total Cover Prevalence Index worksheet: 50% of total cover: 40 20% of total cover: 16 Total % Cover of: Multiply by: SaDlina Stratum (Plot size: 30 ) OBL species x 1 = 1. Liquidambarstyraciflua 3 Yes FAC FACW species x 2 = 2. Carpinus caroliniana 3 Yes FAC FAC species x 3 = 3. FACU species x 4 = 4. UPL species x 5 = 5. Column Totals: (A) (B) 6. Prevalence Index = B/A = 6 =Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 3 20% of total cover: 2 _ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: 30 ) X 2 - Dominance Test is >50% 1. Ligustrum sinense 50 Yes FACU 3 - Prevalence Index is :53.0' 2. 4 - Morphological Adaptations' (Provide supporting 3 data in Remarks or on a separate sheet) 4. -Problematic Hydrophytic Vegetation' (Explain) 5. 'Indicators of hydric soil and wetland hydrology must be 6. present, unless disturbed or problematic. 50 =Total Cover Definitions of Five Vegetation Strata: 50% of total cover: 25 20% of total cover: 10 Tree - Woody plants, excluding woody vines, Herb Stratum (Plot size: 15 ) approximately 20 ft (6 m) or more in height and 3 in. 1. Microstegium vimineum 3 No FAC (7.6 cm) or larger in diameter at breast height (DBH). 2. Sapling - Woody plants, excluding woody vines, 3. approximately 20 ft (6 m) or more in height and less 4 than 3 in. (7.6 cm) DBH. 5. Shrub - Woody Plants, excluding woody vines, 6 approximately 3 to 20 ft (1 to 6 m) in height. 7. Herb - All herbaceous (non -woody) plants, including 8. herbaceous vines, regardless of size, and woody 9 plants, except woody vines, less than approximately 3 ft (1 m) in height. 10. 11. Woody Vine - All woody vines, regardless of height. 3 =Total Cover 50% of total cover: 2 20% of total cover: 1 Woody Vine Stratum (Plot size: 15 ) 1. Bignonia capreolata 5 Yes FAC 2. Lonicera japonica 3 Yes FACU 3. Hedera helix 3 Yes FACU 4. 5. Hydrophytic 11 =Total Cover Vegetation 50% of total cover: 6 20% of total cover: 3 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) Parameter is met. ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP-2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' LoC2 Texture Remarks 0-4 10YR 4/1 30 7.5YR 4/6 70 Loamy/Clayey 4-9 7.5YR 3/3 70 10YR 4/1 10 Loamy/Clayey 7.5YR 4/6 20 C M Distinct redox concentrations 9-21 5YR 4/4 70 5YR 4/6 20 C M Loamy/Clayey Distinct redox concentrations 5YR 5/8 10 C M Prominent redox concentrations 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) —Thin Dark Surface (S9) (MLRA 147, 148) —Coast Prairie Redox (A16) —Black Histic (A3) _ Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) X Red Parent Material (F21) —Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 1479 148) _Thick Dark Surface (Al 2) _ Redox Depressions (F8) —Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, —Other (Explain in Remarks) _Sandy Gleyed Matrix (S4) MLRA 136) —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and _Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 1479 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: Heavy sedimentation from runoff. 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I lI III I 'II I1�IlIII I llll�ilI111111p111�11�1111� � I1I1�1111 � z i �I lI1I1111111�1I11111111111�11�1111� 1 w } � I � I �l/� I11� III�I��111�lIlllll�I�lllllp11�111111� I 1I1��11111 �I11 1 �j� ;� ' �/ �)1��� �� R1�IV1Ill� �ll�� �111�11111111111111�1111 jI1�1\\�\ 1 � � �' �� I I I i�l llllj 1 1111111 11111 ` � �' I �� � X l,\ I ill I1111111IIlIII� III I lull I III i l �� �� i�I VI � ii1I�11111�I�IIIIIIIIIIIIIIIIIIIIII 66/L[/8 u6p�r�-wletl-fir.��y1�¢� on ¢%io North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson July 27, 2023 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Jeff Ashbaugh jashbaughkbenesch.com Benesch 2539 Perimeter Pointe Parkway, Suite 350 Charlotte, NC 28208 Re: Recreational Trails Program Grant: Construct Catawba Creek Greenway Southeast Extension, Gastonia, Gaston County, ER 20-1236 Dear Mr. Ashbaugh: Thank you for your email of July 6, 2023, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. The maps included with the original project submission of June 10, 2020, showed the proposed trail running on the south side of Catawba Creek. Your most recent submission indicates that the trail will be installed on the north side of the creek. Given this shift in the proposed area of disturbance, we retract our request for an archaeological survey for this undertaking. 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.reviewkncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Please note that starting August 1, 2023, as part of the Department of Natural and Cultural Resources' phased email update, the HPO Environmental Review team will have a new email address, environmental. reviewkdncr.nc.gov. Email performance should not be impacted during the email address migration. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy 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) 814-6570/814-6898 FROEHLING c ROBERTSON -- Assess. Manage. Consult. February 8, 2023 Brian Cannella NC Division Manager Alfred Benesch & Company 2359 Perimeter Pointe Parkway, Suite 350 Charlotte, NC 28208 Re: Review of Historic Resources and Protected Species Catawba Creek Greenway 2100 Robinwood Road Gastonia, Gaston County, North Carolina F&R Project: 5913-0004 Mr. Cannella: Froehling & Robertson, Inc., (F&R) presents herein the results of the informal historical resources and protected species review conducted at the above -mentioned site. SUMMARY The following is a summary of our findings and is not intended to replace more detailed information contained elsewhere in this report. F&R reviewed information at the North Carolina State Historic Preservation Office (SHPO) and submitted a Request for Comments (RFC) letter to SHPO. The RFC letter included basic project information and documentation of F&R's information review. SHPO responded with a letter acknowledging that "there are no archaeological sites within the project area." However, SHPO also indicated that a previous submission discussed and provided a photo of a stacked stone chimney near the project area, south of the proposed trail near the National Armory/Southeast Recreation Center parking lot and that, "While we do not feel an intensive archaeological survey of the entire proposed greenway extension corridor is warranted, we do recommend archaeological investigations within the portion of the project area adjacent to the chimney noted in the submission materials. Therefore, SHPO has recommended that an archaeological survey be conducted around the area of the chimney by an experienced archaeologist prior to the initiation of any ground disturbing activities within the proposed project area. Additionally, F&R reviewed information from the North Carolina Department of Environmental Quality — Natural Heritage Program (NC NHP) and the U.S. Fish and Wildlife Service (USFWS) in order to determine if protected species are likely to be affected. Based on a review of the NHP response letter and the USFWS Information for Planning and Consultation (IPaC) official species list for the project site, five federally protected species have been identified that may occur in the proposed project location. However, critical habitat was not identified within the project area and F&R's field observations did not identify obvious suitable habitat for the identified species. Based upon this information, it appears that the proposed project is not likely to adversely affect federally or state listed threatened and endangered species or their designated critical habitats. PURPOSE The purpose of the Historical Resources Review was to gain an understanding of what historic, cultural, and/or archeological resources as protected by the National Historic Preservation Act are present within the immediate A Minority -Owned Business vicinity of the project site. The purpose of the Protected (threatened & endangered) Species review was to gain an understanding of what biological resources as protected by the state and federal Endangered Species Acts are present within the immediate vicinity of the project site. The purpose of the North Carolina Natural Heritage Program (NCNHP) review is to gain an understanding of the records for rare species, important natural communities, natural areas, and/or conservation or managed areas within the project boundary. PROJECT SITE According to Client -provided information, the Subject Property starts approximately 50 feet east of Robinwood Road, near Gastonia, Gaston County, North Carolina. It consists of a 100-foot wide easement totaling approximately 5,000 LF, ending at the easternmost point of Post Court near Gastonia, Gaston County, North Carolina. The Subject Property consists of wooded land and a cleared sewer easement, and it is situated within an area of residential development. It is bound to the north by East Hudson Blvd.; to the south by Eastwood Homes at Robinson Oaks and wooded land; to the east by wooded land and residential development; and to the west by Robinwood Road. A property topographic map adapted from the USGS 7.5 Minute Topographic Quadrangle Map "Gastonia South, NC" dated 2022 is included as Figure 2 in the attachments. SCOPE OF WORK The informal rare & endangered species and historical resources review was conducted in general accordance with F&R's Proposal No. 2259-00145, dated February 21, 2022. INFORMAL SURVEY HISTORIC RESOURCES REVIEW F&R visited the SHPO GIS Website to review the most current information. Based on F&R's review of 7.5 — Minute USGS Topographic Quadrangle Map and the supporting literature available at the SHPO GIS website, properties listed on the National Register (NR) or Study List (SL) for the NR were not identified on the Subject Property. Mapped historic resources were not identified within 1,500 feet of the project site. F&R sent a Request for Comments (RFC) Letter to SHPO. The letter included the above project information and the results of F&R's review. SHPO responded to the RFC with a letter dated February 3, 2023. SHPO's response acknowledged that "there are no archaeological sites within the project area." However, SHPO also indicated that a previous submission (tracking number ER 20-1236) discussed and provided a photo of a stacked stone chimney near the project area, south of the proposed trail near the National Armory/Southeast Recreation Center parking lot and that, "While we do not feel an intensive archaeological survey of the entire proposed greenway extension corridor is warranted, we do recommend archaeological investigations within the portion of the project area adjacent to the chimney noted in the submission materials. The purpose of this survey is to determine whether there are any intact archaeological remains associated with the occupation of the area, particularly that of the former structure to which the chimney belongs, and to make recommendations regarding the National Register of Historic Places (NRHP) eligibility status of any documented archaeological sites." As such, it is SHPO's conclusion that the project area may contain "archaeological sites or deposits that may be damaged or destroyed by the proposed project". Therefore, SHPO has recommended that an archaeological survey be conducted by an experienced archaeologist prior to the initiation of any ground disturbing activities within the proposed project area. The purpose of the archaeological survey will be to Alfred Benesch Catawba Creek Green way — Protected Resources Review F&R Project No. 59B-0004 February 8, 2023 identify any archaeological sites that may be damaged or destroyed by the proposed project and make recommendations regarding their eligibility status in terms of the NRHP. A copy of the response letter is attached. PROTECTED SPECIES REVIEW F&R visited the NC NHP Data Explorer to review the most current information regarding protected species. Based on F&R's review of the 7.5 — Minute USGS Topographic Quadrangle Map "Gastonia South, NC" and the supporting literature available in the NC NHP Data Explorer, there are no rare species, important natural communities, natural areas, and/or conservation areas documented within the project boundary. Two managed areas are documented within the project boundary. Listed managed areas include • City of Gastonia Open Space • NC Land and Water Fund Conservation Agreement In addition, listed or proposed listed threatened species, or listed or proposed endangered species, or designated critical habitats are not mapped within a one -mile radius of the project site. Two managed areas were listed within a one -mile radius of the project site on the Data Explorer map. Listed managed areas include: • City of Gastonia Open Space • NC Land and Water Fund Conservation Agreement Additionally, the U.S. Fish and Wildlife Service (USFWS) IPaC list did not identify critical habitat areas within the project area. However, five threatened, endangered, or candidate species are included on the official USFWS list of protected species that may occur in the proposed project location. Listed species include: • Tri-colored Bat (Perimyotis subflavus) — Status: Proposed Endangered (mammal) • Bog Turtle (Glyptemys muhlenbergii) — Status: Similarity of Appearance (Threatened) (reptile) • Monarch Butterfly (Danaus plexippus) — Status: Candidate (insect) • Dwarf -flowered Heartleaf (Hexastylis naniflora)— Status: Threatened (flowering plant) • Schweinitz's Sunflower (Helianthus schweinitzii) — Status: Endangered (flowering plant) F&R's field observations did not identify obvious suitable habitat for the above -identified species. However, if suitable habitat is determined to be present within the disturbance area during future development of the Subject Property, a formal survey may be required in order to determine the species' presence or absence within the project area. Based upon this information, it appears that the proposed project is not likely to adversely affect federally or state listed threatened and endangered species ortheir designated critical habitats. Copies of the NHP response and USFWS IPaC letter are attached. CONCLUSIONS F&R reviewed information at the North Carolina State Historic Preservation Office (SHPO) and submitted a Request for Comments (RFC) letter to SHPO. The RFC letter included basic project information and documentation of F&R's information review. SHPO responded with a recommendation that an archaeological investigation within the portion of the project area adjacent to the previously documented chimney prior to the Alfred Benesch Catawba Creek Green way — Protected Resources Review F&R Project No. 59B-0004 February 8, 2023 f&R initiation of any ground disturbing activities within the proposed project area. The purpose of the archaeological survey will be to identify any archaeological sites that may be damaged or destroyed by the proposed project and make recommendations regarding their eligibility status in terms of the NRHP. The Natural Heritage Program has provided a response that includes a table of Potential Occurrences that may occur within a one mile radius of the project site. Based on a review of this information, there do not appear to be species listed by NHP that would be adversely affected by the proposed project. Based on a review of the USFWS IPaC official species list for the project site, five federally protected species have been identified that may occur in the proposed project location. However, critical habitat was not identified within the project area and F&R's field observations did not identify obvious suitable habitat for the identified species. Based upon this information, it appears that the proposed project is not likely to adversely affect federally or state listed threatened and endangered species or their designated critical habitats. LIMITATIONS This report has been prepared for the exclusive use of Alfred Benesch (the client), and its assigns, for this specific project. These services have been provided in accordance with generally accepted environmental practices. No other warranty, expressed, or implied, is made. F&R did not perform a detailed field study for rare & endangered species or an intensive historical resources survey, including an archaeological assessment. Our observations were based upon conditions readily visible at the site at the time of our visit. If additional information becomes available which may affect our conclusions and recommendations, we request the opportunity to review the information, and reserve the right to modify our report, as warranted. F&R, by virtue of providing the services described herein, does not assume the responsibility of the person(s) in charge of the site, or otherwise undertake responsibility for reporting to any local, state, or federal public agencies any conditions at the site which may present a potential concern to public health, safety, or the environment. It is F&R's understanding that the client will notify appropriate regulatory agencies as required. CLOSURE Please do not hesitate to contact us if you have any questions or comments. Respectfully Submitted, FROEHLING & ROBERTSON, INC. Erin Binkley ! f Environmental Scientist Attachments: NC SHPO Response Letter NC Natural Heritage Program Response U.S. Fish & Wildlife Service IPaC Letter Figures Photos N �1X Elias N. Ruhl Regional Environmental Manager Alfred Benesch Catawba Creek Green way — Protected Resources Review F&R Project No. 59B-0004 February 8, 2023 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Roy Cooper Secretary D. Reid Wilson February 3, 2023 Erin Binkley Froehling & Robertson, Inc. 310 Hubert Street Raleigh, NC 27603 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. EBinkleykFandR. com Re: Construct Catawba Creek Greenway, Robinwood Road, Gastonia, Gaston County, ER 23-0140 Dear Ms. Binkley: Thank you for your submissions of January 4, 2023 and January 31, 2023, concerning the above referenced project. We have reviewed the information provided and offer the following comments. No archaeological resources have been previously recorded within the project area; however, the project appears to have been previously submitted to our office with the tracking number ER 20-1236. That initial submission discussed and provided a photo of a stacked stone chimney near project area south of the proposed trail near the National Armory/Southeast Recreation Center parking lot. In our letter to Kim Wallis, Planner for the City of Gastonia, dated June 26, 2020, we provided the following comments: "There are no previously recorded archaeological sites within the project area. While we do not feel an intensive archaeological survey of the entire proposed greenway extension corridor is warranted, we do recommend archaeological investigations within the portion of the project area adjacent to the chimney noted in the submission materials. The purpose of this survey is to determine whether there are any intact archaeological remains associated with the occupation of the area, particularly that of the former structure to which the chimney belongs, and to make recommendations regarding the National Register of Historic Places (NRHP) eligibility status of any documented archaeological sites." Our office has not received any subsequent archaeological report pertaining to this recommended survey. Thus, we continue to recommend an archaeological investigation within the portion of the project area adjacent to the chimney. Prior to the initiation of any ground disturbing activities within the project area, we recommend that an archaeological survey be conducted by an experienced archaeologist consisting of close -interval shovel testing and metal detecting, if feasible, in the area around the chimney. The purpose of this survey will be to identify any archaeological sites or deposits that may be damaged or destroyed by the proposed project and make recommendations regarding their eligibility status in terms of the National Register of Historic Places. Potential effects on unknown resources must be assessed prior to the initiation of construction activities. This work should be conducted by an experienced archaeologist, who meets the Secretary of the Location: 109 East Jones Street Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 ER 23-0140, February 03, Page 2 of 2 Interior Professional Qualifications. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at https:Harchaeology.ncdcr. gov/programs/environmental-review/archaeologi cal -consultant -list. Please note that our office requests consultation with the Office of*State Archaeology Review Archaeologist to discuss appropriate field methodologies prior to the archaeological field investigation. One paper copy and one digital copy (PDF) of all resulting archaeological reports, as well as a digital copy (PDF) of the North Carolina site form for each site recorded, should be forwarded to the Office of State Archaeology (OSA) through this office for review and comment as soon as they are available and in advance of any construction or ground disturbance activities. OSA's Archaeological Standards and Guidelines for Background Research, Field Methodologies, Technical Reports, and Curation can be found online at: https://archaeology.ncdcr.gov/osa-guidelines. Starting October 1, 2022, the Office of State Archaeology (OSA), along with the State Historic Preservation Office, will no longer accept compliance reports without a previously assigned Environmental Review (ER) tracking number and without the archaeological investigation having been recommended by the OSA. We will continue to welcome courtesy reports into our report library, but please note that any unsolicited/courtesy report will not be reviewed for compliance purposes. We have determined that the project as proposed will not have an effect on any historic structures. 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. reviewgncdcr. gov. In all future communication concerning this project, please cite the above referenced tracking number. �Sincerely, Ramona Bartos, Deputy (� 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) 814-6570/814-6898 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2023-0040125 Project Name: 5913-0004 Catawba Creek Greenway January 31, 2023 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 enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. 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 (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be 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)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other Roy Cooper, Governor ■ ■■■ ■■ ■ INC DEPARTMENT OF ■■�■i NATURAL AND CULTURAL RESOURCES ■ ■■ January 31, 2023 Erin Binkley F&R 310 Hubert Street Raleigh, NC 27603 RE: Catawba Creek Greenway Project; 5913-0004 Dear Erin Binkley: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. 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 documented within the project area or 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: httr)s://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. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is 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 rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. 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FJ m 5 'ZI � a m ro NZI C_ iJ MI QI N a 01/31/2023 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines 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. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 01/31/2023 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 01/31/2023 E Project Summary Project Code: 2023-0040125 Project Name: 59B-0004 Catawba Creek Greenway Project Type: Recreation - New Construction Project Description: Greenway installation Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/@35.2330458,-81.1453672221014,14z � ti Counties: Gaston County, North Carolina 01/31/2023 Endangered Species Act Species There is a total of 5 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 Fisheriesi, 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. Mammals NAME S TATU S Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 Reptiles NAME S TATU S Bog Turtle Glyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https://ecos.fws.gov/ecp/species/6962 Insects NAME S TATU S Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 01/31/2023 4 Flowering Plants NAME S TATU S Dwarf -flowered Heartleaf Hexastylis nani flora Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2458 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. 01/31/2023 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 01/31/2023 Migratory Birds Certain birds are protected under the Migratory Protection Act2. Bird Treaty Act! and the Bald and Golden Eagle 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 Treater 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. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Sep 1 to Jul 31 Breeds Mar 15 to Aug 25 Breeds May 10 to Sep 10 01/31/2023 NAME BREEDING SEASON Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. 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: 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. 01/31/2023 3 Survey Effort (1) 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 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 Bald Eagle ■ ■ ■ l■■■ Non -BCC g ++ + + ++JillJill JillJill—+�+ +++ + J+— +++— +++— Vulnerable Chimney Swift ++ + ++ + ''"''''' "' JI-11 Jill'' ++— BCC Rangewide + + + ++ + + +� +++� +(CON) i■ ���� ������, M mmi Red -beaded �� �� � Jill IF! - ' ' Woodpecker ,+++ ++,+ ++++ ++++ + ++ ++ + ++++ +++— + +— ++ — BCC Rangewide (CON) Rusty Blackbird "'+ + J J+ J J++ ++++ ++++ ++++ ++�� —+�+ ++++ +++— + J+— J++— BCC -BCR BCC Rangewide Wood Thrush ++++ ++++ ++++ ++ J+ J J ,� ;; j� Jill Jill ++++ +++— +++— +++— (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librqu/ collections/avoiding-and-minimizing-incidental-take-migratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. 01/31/2023 4 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 list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. 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 Rapid Avian Information Locator (RAIL) 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 or migrating in my 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 query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. 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? 01/31/2023 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). 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 Lorin. 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 01/31/2023 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. 01/31/2023 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. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. 01/31/2023 IPaC User Contact Information Agency: Froehling and Robertson Name: Erin Binkley Address: 310 Hubert Street City: Raleigh State: NC Zip: 27511 Email ebinkley@fandr.com Phone: 3303960435 The Schiele Museum of Naturall H story &... LAUREL COMMONS CATHERINE BOOTH APARTMENTS R I V E R W I N D � 0 ALDI 01 artha !rs Park q1 H a rri s Teeter Froehling & Robertson, Inc. FQ 310 H u bert Street (�( Raleigh, North Carolina 27603 T 919.828.3441 on �1vd Artnx� � f Gasr+5 x 13 Gaston Memorial Park 279 0 (279 ROBINIOOD VILLAGE WILLOW CREEL Hudson Wood Apa r, Subjed pPopc@* ROBINSON C IDS HUD ON ESTATES PublIx Sniper Market at Hoffman Irlage BROOKHAVEN erty Location Map Alfred Benesch Catawba Creek Greenway Site 0 Robinwood Road, Gastonia, Gaston County, NC umber: 5913-0004 rce: Gooele Maos 2023 FIGURE 1 No. R I � 5 ' Un I • ubj '. ti _ o rty ' 0 %L i I or 51 I � I �'+ a• I F i L} R T - 1p %L Property Topographic Map Client: Alfred Benesch Froehling & Robertson, Inc. Project: Catawba Creek Greenway Site FQ 310 Hubert Street Location: 0 Robinwood Road, Gastonia, Gaston County, NC (�( Raleigh, North Carolina 27603 Project Number: 5913-0004 FIGURE T 919.828.3441 Data Source: USGS Topographic Ma "Gastonia South NC" 2022 No. 2 Date: Scale Not Shown ,r• ' iij 4 - INLAO i p y I :� • r Y lqu . s ti —• r ' Aerial Site Plan Client: Alfred Benesch Froehling & Robertson, Inc. Project: Catawba Creek Greenway Site FQ 310 Hubert Street Location: 0 Robinwood Road, Gastonia, Gaston County, NC (�( Raleigh, North Carolina 27603 Project Number: 5913-0004 FIGURE T 919.828.3441 Data Source: Gaston CountyGIS 2019 No. o 3 Date: January 2023 1 Scale Not Shown 0 Lp A Bucknell Ave A Hillgate Ave O O Ay e ;�1►n9 � � � ti �a °g o °°ds Rd IFoxhuntOc M �f0 C b 5uckingham AEG �'� Dr w � Rob�Oshest o C' cw er for itawba Creak IZIO IL � T -)0d5 Apts G ASTON Robinwood Lake Apr Q °chshlre Ln c., r Froehling & Robertson, Inc. FQ 310 Hubert Street (�( Raleigh, North Carolina 27603 T 919.828.3441 SHPO GIS Map Alfred Benesch Catawba Creek n: 0 Robinwood R Number: 5913-0004 Data Source: Date - Meer' �, 'ps v-1xlage Ct o/o e Site C- FIGURE 4 No. 'n y 2R5 WA 44. at View of east -central portion of Subject Property, facing east. View of adjacent housing south of the eastern portion of Subject Property, facing southwest. Site Photographs Client: Alfred Benesch Froehling & Robertson, Inc. Project: Catawba Creek Greenway Site FQ 310 Hubert Street Location: 0 Robinwood Road, Gastonia, Gaston County, NC (�( Raleigh, North Carolina 27603 Project Number: 5913-0004 FIGURE T 919.828.3441 Data Source: Site Visit February20 2022 No 6 Date: Scale Not Shown try a , arm L Y' !t I View of eastern portion of Subject Property, facing west. Anil ak } AV t t k• - � e jj,, i nY ��•� � `rs'�" I=��`E,�J� yk by ;. 'u y i �;1.n. .•.ra.KY` View of transmission line adjacent to the southwest of the eastern portion of Subject Property, facing northeast. Site Photographs Client: Alfred Benesch Froehling & Robertson, Inc. Project: Catawba Creek Greenway Site FQ 310 Hubert Street Location: 0 Robinwood Road, Gastonia, Gaston County, NC (�( Raleigh, North Carolina 27603 Project Number: 5913-0004 FIGURE T 919.828.3441 Data Source: Site Visit February 20 2022 No. 7 Date: January 2023 1 Scale Not Shown