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HomeMy WebLinkAboutSWA000231_Wetland Determination/Report_20231128 6811U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01578 County:Rowan U.S.G.S.Quad:NC-Salisbury NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Salisbury-Rowan Economic Development Commission Scott Shelton Address: 204 E.Innes Street,Suite 220 Salisbury,NC 28144 Telephone Number: 704-637-5526 E-mail: scott@rowanedc.com Size(acres) 80.44 Nearest Town Salisbury Nearest Waterway Town Creek River Basin Upper Pee Dee USGS HUC 03040103 Coordinates Latitude: 35.681123 Longitude:-80.414850 Location description: The review area is located on the east side of Andrews Street:0.7 miles south of the intersection of Andrews Street and N.Long Street.PINs: 052 0470001002,052 0470101,052 0470001001,and 052 204.Reference review area description shown in Jurisdictional Determination Request Package entitled"Figure 6,Stream/Wetland Location Map"and Printed Date of 03/08/17. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters including wetlands,on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).The waters including wetlands,have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable.The approximate boundaries of these waters are shown on the enclosed delineation map dated 3/8/2017. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,including determining compensatory mitigation.For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S.This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further instruction. ❑ There appear to be waters including wetlands,on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403). However,since the waters including wetlands,have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters including wetlands,at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend that you have the waters including wetlands,on your project area/property delineated.As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters including wetlands,on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters including wetlands,on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2017-01578 ❑The waters including wetlands,on your project area/property have been delineated and the delineation has been verified by the Corps.The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE.We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. ❑The waters including wetlands,have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE.Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S.,to include wetlands,present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA). You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). Placement of dredged or fill material,construction or placement of structures,or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC §401 and/or 403).If you have any questions regarding this determination and/or the Corps regulatory program,please contact Bryan Roden-Reynolds at 704-510-1440 or bryan.roden-reynolds(n,usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 04/16/2018. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and request for appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele,Review Officer 60 Forsyth Street SW,Room 10M15 Atlanta,Georgia 30303-8801 In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 DN:cells,o=ll.S.Government,ou=DOD,ou=PKI,ou=USA,cn=RODEN Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574 Date0201D8.05.1609E9N7-04b0'3385574 Date of JD: 04/16/2018 Expiration Date of JD:Not applicable SAW-2017-01578 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: ECS Southeast,LLC David Valentine Address: 1812 Center Park Drive,Suite D Charlotte,NC 28217 Telephone Number: 704-525-5152 E-mail: dvalentine@ecslimited.com SAW-2017-01578 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Salisbury-Rowan Economic Development File Number: SAW-2017-01578 Date: 04/16/2018 Commission Scott Shelton Attached is: See Section below ❑ INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT(Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may: (a)modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice,means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2017-01578 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer,Wilmington Regulatory Division Mr. Jason Steele,Administrative Appeal Review Officer Attn: Bryan Roden-Reynolds CESAD-PDO Asheville Regulatory Office U.S.Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street,Room 10M15 151 Patton Avenue,Room 208 Atlanta,Georgia 30303-8801 Asheville,North Carolina 28801 Phone: (404)562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation,and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division,Attn: Bryan Roden-Reynolds,69 Darlington Avenue,Wilmington,North Carolina 28403 For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn: Mr.Jason Steele,Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801 Phone: (404)562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 04/16/2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Salisbury-Rowan Economic Development Commission, Scott Shelton,204 E.Innes Street, Suite 220, Salisbury,NC 28144 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District,Rusher Family Site, SAW-2017- 01578 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the east side of Andrews Street; 0.7 miles south of the intersection of Andrews Street and N.Long Street.PINs: 052 0470001002, 052 0470101, 052 0470001001,and 052 204.Reference review area description shown in Jurisdictional Determination Request Package entitled"Figure 6, Stream/Wetland Location Map"and Printed Date of 03/08/17. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State:NC County: Rowan City: Salisbury Center coordinates of site (lat/long in degree decimal format):Latitude: 35.681123 Longitude: -80.414850 Universal Transverse Mercator: Name of nearest waterbody: Town Creek E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: Z Field Determination. Date(s): 03/03/17 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to Type of aquatic aquatic resources in which the aquatic resource Latitude(decimal Longitude(decimal resources(i.e., Site Number degrees) degrees) review area (acreage wetland vs. non- "may be"subject(i.e., and linear feet, if wetland waters) Section 404 or Section applicable 10/404) Wetland A 35.680662 -80.414421 4.47 acres Wetland 404 Wetland B 35.686008 -80.412424 4.28 acres Wetland 404 Wetland C 35.682612 -80.412450 0.86 acres Wetland 404 Stream A 35.682461 -80.414508 1,600 linear feet Non-wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD(check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figure 1,Site Location Map(Google Street Map Dated 2016) ®Data sheets prepared/submitted by or on behalf of the PJD requestor. ®Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. Rationale: ❑Data sheets prepared by the Corps: ❑Corps navigable waters'study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data. ❑USGS 8 and 12 digit HUC maps. U.S.Geological Survey map(s).Cite scale&quad name: Figure 2,USGS Topographic Map (East Spencer, NC Dated 2015) ®Natural Resources Conservation Service Soil Survey. Citation: Figure 3,NRCS Soil Map(Soil Survey of Rowan County Dated 2003) ®National wetlands inventory map(s). Cite name: Figure 5,USFWS National Wetlands Inventory Map (USFWS NWI Mapper) ❑State/local wetland inventory map(s): FEMA/FIRM maps: Figure 4,FEMA FIRM Map (FEMA FIRM Map Nos. 371057700J and 371057800J) ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ®Aerial(Name & Date):Figure 6,Stream/Wetland Location Map(Aerial Imagery) or®Other(Name&Date): Photographs 1-6 ❑Previous determination(s). File no. and date of response letter: ®Other information(please specify): NCDWQ Stream Identification Form(Version 4.11)Dated 03/03/17 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. RO D E N Digitally signed by RODEN REYNOLDS.BRYAN.KEN N ETH.1263385574 REYNOLDS.BRYAN.K ou=PKIJou=USA,ccnVRODENt,ou=DoD, EN N ETH.1263385574 RDate020L1D8.05.160918:511-4100'3385574 Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD 04/16/2018 (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. 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W 0 0 0 0 0- _ 2 2 J 3 Ell _ �• 'fit) �� r -^ ECS SOUTHEAST, LLP Setting the Standard for Service" • Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-107S NC Registered Geologists Firm C-406 SC Registered Engineering Firm 3239 March 8, 2017 Mr. Scott Shelton Rowanworks 204 East Innes Street, Suite 220 Salisbury, North Carolina 28144 Reference: Wetland Delineation Report Rusher Sites East Spencer Rowan County, North Carolina ECS Project No. 49:3590 Dear Mr. Shelton: ECS Southeast, LLP (ECS) is pleased to submit this report of wetland delineation of the Rusher Sites located in East Spencer, Rowan County, North Carolina. Background ECS was contracted to identify the locations of waters of the U.S., including wetlands, for the above referenced sites. The sites are developed residential parcels and agricultural fields. The agricultural fields are still in use and are currently planted with cover crop (grass). According to the Rowan County Online GIS website, the Parcel Identification Numbers (PINs) are 052 0470001002, 052 0470101, 0520470001001, and 052 204. The site is bordered by Andrews Street to the east, I- 85 to the south, and Rowan County Water Treatment plant to the east. There are multiple residential parcels offsite to the north. Wetlands are defined by the U.S. Army Corps of Engineers (USACE) and the United States Environmental Protection Agency (EPA) as "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions." In order for an area to be classified as wetland, hydrophytic vegetation, hydric soils, and wetland hydrology indicators must be present. Literature Review ECS reviewed the United States Geographic Survey (USGS) Topographic Map, United States Department of Agriculture (USDA) Natural Resource Conservation Survey (NRCS) Web Soil Survey, United States Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI), and Federal Emergency Management Act (FEMA) Floodplain FIRM Map to obtain information regarding the site. • The USGS Topographic Map, East Spencer quadrangle (Figure 2) depicts Town Creek along the southern site boundary. An unnamed tributary flows along the eastern site boundary. There is a stream that flows through the center of the site and drains into Town Creek. The site also contains multiple crenulations that may contain jurisdictional features. The topography the site depicts that surface water will drain into the streams and offsite to the southeast. ECS Capitol Services,PLLC • ECS Florida,LLC • ECS Mid-Atlantic,LLC • ECS Midwest,LLC • ECS Southeast.LLP • ECS Texas, LLP www.ecslimited.com Wetland/Stream Delineation Rusher Sites East Spencer, North Carolina ECS Project 49:3590 March 8, 2017 • The USDA Web Soil Survey Map (Figure 3) shows multiple soil types that change with respect to topographic elevations. Soil series' depicted on the soil survey are Cecil sandy clay Loam (CeB2), Cecil-Urban land complex (CfB), Chewacla loam (ChA), Pacolet sandy loam (PaD), Pacolet sandy clay loam (PcC2), and Rion-Wedowee complex (RnC). Chewacla loam is listed on the North Carolina Hydric Soil's List for Rowan County. • The USFWS NWI (Figure 4) depicts a floodplain wetland near the southern site boundary. A stream is shown along the southeastern site boundary and flowing through the central portion of the site. A stream flowing into a wetland area is depicted along the eastern property line. • ECS reviewed the FEMA-Flood Insurance Rate Map (FIRM) mapping program (Figure 5). The map indicates that the southern portion of the site is within Zone AE and Zone A. Site Reconnaissance Mr. Ken Vilagos and Mr. David Valentine of ECS conducted the site reconnaissance of the Rusher Sites on March 3, 2017. During the reconnaissance, the sites were observed for evidence of ponds, streams, and wetlands. The site consists of a corn field that currently is planted with cover crops (grass). The southern portion of the site borders Town creek. A floodplain wetland (Wetland A)was mapped along the southern site boundary. The soils within Wetland A contain a depleted matrix and were saturated at 6 inches below the surface. A stream (Stream A) was observed flowing into Town creek offsite and flows through the central portion of the site. Stream A originates offsite to the northwest. A stream is located along the eastern boundary that flows into Wetland B. Wetland B is located at the center of the site along the eastern site boundary were a large pond was drained approximately 10 years ago, according to the property owner. A small wetland (Wetland C) is located on the southeast corner of the site near Stream A. Figure 6 depicts the approximate location of the wetland area and data points. Watershed Classification State Riparian Buffer Requirements According to the NCDWR the site is located in the Yadkin River Basin. The Yadkin River Basin is not subject to mandatory State riparian buffers. Stormwater Requirements Surface waters located on the site flow to Town Creek, a tributary to the High Rock Lake. Town Creek is classified as Class C. Town Creek is not listed on the most recent 303d impaired waters list. ECS reviewed the NCDWR online stormwater permitting map to determine jurisdiction of NCDWR stormwater regulations. According to the online permitting map, it appears the site is located in an area designated as local permitting authority. ECS recommends consultation with a civil engineer to determine if mandatory vegetative buffers and/or regulated development (impervious surfaces) setbacks are required for the site in addition to those mentioned above. 2 Wetland/Stream Delineation Rusher Sites East Spencer, North Carolina ECS Project 49:3590 March 8, 2017 General Discussion Section 404 of the Clean Water Act regulates the discharge of dredge and fill materials into waters of the United States (lakes, rivers, ponds, streams, etc.), including wetlands. Waters of the United States include the territorial seas, navigable coastal and inland lakes, rivers and streams, intermittent streams, and wetlands. Activities that could be regulated under Section 404 include the placement of fill for construction of roadways; residential, commercial or industrial structures; and the construction of water retention ponds along tributaries. The EPA and the USACE jointly administer the Section 404 program. Section 401 of the Clean Water Act grants each state the authority to approve, condition, or deny any Federal permits that could result in a discharge to State waters. Streams, ponds and wetlands are regulated by the USACE and NCDENR-DWR. Permits are required prior to impacting wetlands or open waters, including ponds, lakes and perennial or intermittent streams. Mitigation and stormwater management plans will be a condition of any permits issued for the site. Buffers may be required adjacent to the streams. For impacts to one-half acre or more of wetlands or to more than 300 linear feet of perennial stream channel, an individual permit (IP) may be required. An IP requires a habitat analysis, alternative site analysis, project justification, plans to avoid and minimize impacts, and a proposed mitigation plan. Depending on the habitat analysis and the extent of impacts, an Environmental Impact Statement may be required by the U.S. Army Corps of Engineers. An IP allows for a public comment period and may require 4 to 18 months to obtain depending on conditions arising during the U.S. Army Corps of Engineers review and public comment period. Closure ECS appreciates the opportunity to provide environmental consulting services for your project. Please contact us if you have any questions concerning this report. Sincerely, ECS SOUTHEAST, LLP Ken Vilagos W. Brandon Fulton, kSJS Environmental Staff Scientist Environmental Principal 336-856-7150 704-525-5152 kvilagos@ecslimited.com bfulton@ecslimited.com Attachments: Figure 1 —Site Location Map Figure 2 —Topographic Map Figure 3 — USDA Soil Survey Map Figure 4 — FEMA FIRM Map Figure 5 — USFWS NWI Map Figure 6 —Wetland/Stream Flag Location Map Site Photographs 3 �n ur 131 Legend 0 Approximate Site Boundaryh����c o(14F��tY Ra PP Si L 1 t' 1' Client: ,ead A,. N Whitehead Ave ROWANWORKS Per P,'e •- L N44 ' Project: Spencer RUSHER SITES Zq ROWAN COUNTY u^ ® NORTH CAROLINA a,,nn P Y tr. Title: nsportation 0 w;"4e SN. SITE LOCATION MAP Museum c-��`° 0�9 t\ ,g GOOGLE STREET D fo MAP y DATED 2016 J 4112,11T rfl r_t�1r agi r?,staltrisLt East Spencer r44sr C7'�� ROWAN COUNTY, TCIDZ NORTH CAROLINA Drawn By: Checked By: KJV WBF Approved By: Date: WBF 3/8/2017 ECS Project No: a 49-3590 Ge FIGURE 1 • • 1 , il Legend F,..•, 1 • .. , —•05 , f /(:/,- ,) 11`� i1 N J • } • 7 1 ` I r l r Approximate Site BoundaryhiCIDI' �• n �i, �` .,_ .! ',` ' T ''ti ' AIIIP .74 V. aXS .�: J 5 `1 ♦ •♦ ��! r a .1� �l =� '•' Client: _ , \\ .\' -`,-._�_ J ROWANWORKS • . • 7,4,7,• / . ....__ - _-`::j.� • •• •• ( 1 `. r _ 1 `. / 1—`-� 'f'' . Project: • ( . �� �� ++ ; �._�rr • �` a 1 ✓ \ok s # RUSHER SITES * • • 0-— ' • --�► NIC , • 1 � I i ROWAN COUNTY _ • M •', • • •\��►. .N. '-��' C\\ ,`1�!> ' . ,:,_'S;I , 1 \ / NORTH CAROLINA . . • , ,, . .. ` � . ��� j (r '5 " j• t V. 11 �, '� s ,.1 - /. . _/ -- • Title: • �� Is 1 • �—� 1 r . / TOPOGRAPHIC MAP \�• •• �' j �\_ • • +� �ti N,�:k��.. 1 f , _�\�.��, • �1� g? ..`� `���c�;;•j r: ` �- EAST SPENCER, NC /• • • \I� �7 r• r �•. t 1 �� ' Cli ' ` t DATED 2015 , 6. to • ►, , VI • / ti• `I i �, \ . ....__A -' a .� ' - ' _ _ mytopo.com • _ _ te . . es • • :•♦ O 1/.' •�4 i%,. ` • * \\S'`\- 1��i•_' • • /N'i • ~__. . , QS • `% + /.:` I -' �r1� �•iblikaaMf1+1 v •\' I4 1 Q� • �'` � a `• r^• // 1 r L 1 i rf Ir=y�elr�►��'�i!•,�/►�1�4�. •... Al I �1• %/„ `-• •c--••' . ,/' i ./ 7 .. \ ltir J !_ / e,."--,,,i • u-______ ,---" ..-• .— , / \\ I r-- (---.--. ..„ ,...„,,- ) +, • ./ i 1• -� Zi•i 0, r-..\ •a, I( (>4 , ROWAN COUNTY, ••* •'+�1 ) • , •• • • • •✓v t- h + '`• \.. J; . NORTH CAROLINA 1 ! 1...... • •� t ��1� p• �•�. ' ) ? -- a z _ 1,;r 6`� , r ( Drawn By: Checked By: :/:.,,,,,.,. / ../ .........._, �� - ,'�'f' s f }� ,-/ f. i KJV WBF O ` `�.\-'\ \' l f - f —/ ,` Approved By: Date: ' 5, r f .`� �`' i WBF 3/8/2017 i J ECS Project No: \\\ •,t v • 'S\f • - - * ..f� ��r • - 1 r 0' 49-3590 -- FIGURE 2 . .,4 -• Ud , - RnC Legend EC . 4.� lb 0 /" A 4 44 r;� I _ 4 , • P: O Approximate Site Boundary O'�. ` CeB2 = Cecil sandy clay loam R t1 C , Client: CfB = Cecil-Urban land complex � ,� ROWANWORKS fl B • i • ' `V f 1 B 41, ChA = Chewacla loam PaD = Pacolet sandy loam =r . c P a L i PcC2 = Pacolet sandy clay loam Project: , t RUSHER SITES ?4Alliots, RnC = Rion Wedowee complex Oa�� �� \ ' P 1 ROWAN COUNTY f..i _AO h C C V V NORTH CAROLINA • t . • , 1 71 8t!• � . , - 1 1 M CeB2 i W. _ i Ud/i ` Title: •i PxD NRCS SOIL MAP ,• di / It SOIL SURVEY OF ,fir • , J' ROWAN COUNTY, , \ , . Pc . , IP E nC NORTH CAROLINA '.� 0' ! �� MeB2 DATED 2003 ...Jo --, 4 iiiii:\. - .-.1 C h A .r1rJ jfi P.xD 40eltinATMOrtile•s\ 'llik lif v iii l � ' / M( OC2 ) PaBLdt� I ROWAN COUNTY, T - 14 ` O0� NORTH CAROLINA e" - r r. �' e C 2. ''' Ct ,,� Drawn By: Checked By:i� ...mo r KJV WBF M�B 2 _ T o • �, E n B E n B Approved By: Date: ./ , WBF 3/8/2017 - ECS Project No: PcC2 igi.- • UCH LdE32 i McEi 49 3590 • r _ •• r,� f1AeB2 FIGURE 3 Legend , Approximate Site Boundary .1 ' 1 L = Client: •i le r ,• t ROWANWORKS v . 1,1 w".' •. _ _ - el # » - , . • iew Wit Air - i 11 _ ,� Project: . . ` f )' 4 \ m RU SHER SITES At N = .. ROWAN COUNTY • < < • - NORTH CAROLINA �, CE 1 \ . ' . \ s .• 6 43 - 1ki- itM, -Up 'A' 4 l ... 401, Title: ' . 11.It A-- -A O r '•NI 1AL FLOOD HAZARD ' " FEMA FIRM MAP NUMBER: " k , 371057700J and PANEL � -r 371057800J c 105` 7100J_ %. a• + .f. •• - xi V, ditatiztpl t % r Sitimiar di'lr . X # - sieRSIT901.41rtir', It— -Ipt VS... J Airoatwraavammot - ...... ;It • • fakitia,, Cf l • � � � r ROWAN COUNTY, O CAAPh')‘‘ 1 ii - t. Tiv b; - 16 1 All Ti1 ;;:? i DrckedBy KJV WBF • - IP. i" . 1 er... Approved By: Date: S • , ... :1 _. t WBF 3/8/2017 t" - r• 7X - -- ECS Project No: ''' @fig 648 FEET • G 49-3590 ag • LOMR 1 04'3050P Zui,e E : 4 . . dtw4n7", a i " / 411' I FIGURE 4 01. ';'..1 r i."' • 7.1". Legend . , -•I- I 0 Approximate Site Boundary • —.• il - ...,, . • ge.01,1t, . A.1 , '- r-4.1:N •. ;#1: Oi'*a 1N4 ' ?IC "1 _ -"Pr 1.4 • - 4 .1.-..--_ f. * _.. - .-- • - 4 - . Client: _ iN. _.-..a..4ir —-. ..; - As '4120 , %,.. .. :s:letc, • #11 ,.., ROWANWORKS . „IN - _ .••.• , • , \• ,.. 4.14N ' 1••-1 1 _ .. .. ,, - ' • " , s: Project: ii, I; . - • RUSHER SITES ..01° 1. ' . •.- v" .. - ' • •11, " .•••• I . ! - - -0 34014.. • t ROWAN COUNTY ..• ). • • NORTH CAROLINA 44.• • ' ...„ .„.. . , , „ • . , . .. ,.. • , .. ., A( ... r ' t .r • ., . 4 • 1 -k 4 • . ' Title: •' . . ,. ,_, -. . •••#so. USFWS • - il IL •Gralk . NATIONAL • - a - WETLANDS- • '.. .•"i. - _. • .. • • . % '• INVENTORY MAP ..- • , •. ‘• oke 0 ... N i 1, etesiatfl•gleA:04'.04i1 , 06,7,0•1•Eri,raavakwattret - • . • • +.1614211*,.7. . -, • . , •arN. 1 1 .t.fi. 'ti 4 ',54 • .. I A. 0 ir .. -10.‘'‘. rr4Nr • ' ' 'N •-/ k . - ,- . -. ....-?- . .• ROWAN COUNTY, ._ _ _ -- NORTH CAROLINA , . 4.•? ' fur !t ' 1 k . 410 •• . If* 161 a4 Drawn By: Checked By: . . KJV WBF # 3.r . d' 1 • r 4 il• Approved By: Date: ...• -.1:--.....- • • . ii 1 r Jr . WBF 3/8/2017 , .'• . .- n - ..• .. ; - vall or ECS Project No: . 49-3590 — Earth . I 4 •;.:, r .1. -.ma 41111Li._ ____..,''. , k 1 ir • ' `44 ..,...- '• FIGURE 5 THE STREAM/WETLAND LOCATIONS HAVE BEEN DELINEATED BY ECS ON 03 MARCH 2017. THEY HAVE NOT BEEN VERIFIED BY THE USACE OR THE NCDENR-DWR. THEY HAVE NOT BEEN SURVEYED. THIS FIGURE SHOULD BE USED FOR PRELIMINARY PLANNING PURPOSES ONLY. Legend ; nt- rnf m!i. f Client: OApproximate Site Boundary $ ROWANWORKS Approximate Wetland Location ', • .'. 0- ', 1 WB ♦ ^/ Approximate Stream Location ,�,,: ,' _N h 35.686008/-80.412424 r14.� ' -�, '„4li I ' '. it Project: r`L.1.16111 # `�.e ' ��' '-�i�! ` RUSHER SITES 111r # H1`T •;. r ROWAN COUNTY „ de �•f_� �,� NORTH CAROLINA `+ A ... �► — Title: C' STREAM/WETLAND -a!r • _ LOCATION MAP k • _ SA ."� Sr* - —1,600 Linear Feet lik, '. ` _ : ' 35.682461/ 80.414508 onvi w,gr` , • ,a to„_/,' . * *.si re+,. ~ r � L r �lrC►VW71_0 '. L'� � Yt 40`It � _ �0.86 Acres ` Vir _ 35.682612/-80.412450 .•� .• 1' '• . .'1 :;. •, ' , 7,,. .,„ ..,. . Vt 4 ROWAN COUNTY, 4 ` NORTH CAROLINA Drawn By: Checked By: } _�; Al,t: "4.47 Acres10. WA _ ,.. . - 680662/ 80.414421 ' _ • , KJV WBF 411011141 -- Approved By: Date: WBF 3/8/2017 �J / _ - •'•• ECS Project No: 1 d _ 49-3590 '' 2 �� .. ifik -- _ - FIGURE 6 _1 mi _rry .., Ill 04111111.1 ..,..„..i.„......„4, .T.„_. . _. _ . , , -ter s ` r s a � i / rr.... � ;,fit;' i. T-tt� :jx7 .�*� c,�. ^ £ , am' �. . ,i, Photograph No. 1 View of Wetland A near the southern site boundary. 6. 14;Iii,"Vcif " - - • - �. 1`` e 4 4 ir . .. . . _ 4.4 „Rai, .. ,: :. ifor .?..,:pli,..4,.. , - - y., A t fj . 1"ramnk, a j J ,14 gock (jam' y% f Photograph No. 2 View of the soils from within Wetland A with redox concentrations on living roots. .. ,_ ..,.,,, ..._., ...,..„...., ..!:„.„,, . to ,..4'4•41 .. '4,4* • ''` ....I...., �� �.�y •ram �::k ,,,, �Z. r yy:1: - 4 L mac. � y t _ - K' a wl 'V r. L,. . 4'. ` lip"''• • 1 -1 F411, S ,0 ,r t`.ti .-0, ao-s . ' �1a_ Y) rA A. r i s s .� • • --- K R', r Q13 j�y L• 4 s•••� 14 4,e-144....!k.'4`e .mod `, t . T. {(..- v` jL .. ipr • 1' t 'yam`tf t. Photograph No. 3 View Stream A at the confluence with Town Creek (Site Boundary). • A a- rerr r'•. "•• I I -.1 �A 444- 1' ..; V't.,?n''' ` r V rr.4 .y'° 46 ..1 '---'-'4;:."‘" T.a.7 �'-'1b.lV1 9 .,• 2!•d� •X.. _bL.L y' 1 i -- ,, �``' i at t•..;. s A I 'C_x,p:_.' h' ? u.".t(g_` �5 f� y. . �`- `-4 *L.T' .. l M� ." ,',t•..11� 'Fit, ' 1c, f 1 1 .1,:�1+ : _ 41 • 1? .> 3styA 4,0k M1 Vaa� r 'F' - �a. 1 � an • g a=.J� r ,»o rr Tw - V,,, , '. i '` tk ti. �s "S f 'i fAti rir Photograph No. 4 View of Stream A prior to leaving the site. ., 1/4--------- -*., - ',-- .f.--•-• :.,%./.74itz•-_:,,,-;,4-..''':414::::-•A4)-47,,4*:.'''',:-.:,1..--:1::..:' ''') ;.:. ,...''''T Mil ,, '';',.": 111, ---, l / . ' 14 ii? 1 . . .,` ', Ot . X:. ,.,4! ! ‘,i) 001;44 Pr. p ■ °�`blk err � a'^ � ' ''�f ► {` - r , -; ,k - • .�: . . 4ea ;i. ✓y°r r 1 ' s: 'i�-.ter. !ua a-, • _4 . i '!q 'y am_ •F i lfi,Zt '‘,4 _ / ti r • g1 • . '�'E Irl'i. .-.'r` r ... .cam s 4a. Photograph No. 5 View of Wetland B along the eastern site boundary. r• 4 . . �° — - ,..` .. �- ilF.+.�.. arm, ..,+i_ . .ma`s�;;- ;I' t 'r ia_ W_ :.A'. A Ayr ? • ' 6• miff 4' b���rG ►: �5 - A yt `n`•. • ,` " Y•~ is t .,..:. t -. T^ k P.'', - • • X SC 1 twok $?.s- ,i t A"' c.. ✓J `4 4 .td' ; _`__ '.l- ',V - • C. ..,1 �`i i , j/1 ../ .:f Y SNP-n ,-- -i--- ''v r 4'.- , +,i♦. f .t tiyfl _ FV a f /�1 % k s4N -f Z µ 1 Syr . '''n , \ Photograph No. 6 View of the central portion of Wetland B (drained pond).