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HomeMy WebLinkAbout20180756 Ver 1_00_Statesville_Greenway Complete_20180604Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- Begin Date (Date Received): Prepare file folder Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: 2. Work Type: Private Institutional Government Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: 4. Property Owner / Applicant [PCN Form A3 or A4]: 5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]: 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 8. Project Location – Tax Parcel ID [PCN Form B1a]: 9. Project Location – County [PCN Form A2b]: 10. Project Location – Nearest Municipality or Town [PCN Form A2c]: 11. Project Information – Nearest Waterbody [PCN Form B2a]: 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Authorization: Section 10 Section 404 Section 10 and 404 Regulatory Action Type: Pre-Application Request Unauthorized Activity Compliance Standard Permit Nationwide Permit # Regional General Permit # Jurisdictional Determination Request No Permit Required Revised 20150602 kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 May 24, 2018 Ms. Catherine Janiczak Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Ms. Karen Higgins NC DWR, 401 & Buffer Permitting Branch 512 North Salisbury Street Raleigh, NC 27604 Re: Pre-Construction Notification (NWP #14) & Preliminary Jurisdictional Determination Request Statesville Greenway (TIP# EB-5818) Statesville, Iredell County, NC Dear Ms. Janiczak and Ms. Higgins: On behalf of our client, City of Statesville Recreation & Parks Department, Kimley-Horn (KH) is submitting the enclosed joint Section 404/401 Preconstruction Notification for the above referenced project for your review pursuant to Nationwide Permits 14 and General 401 Water Quality Certification numbers 4135 as well as a Preliminary Jurisdictional Determination (JD) request package for your review for the above referenced project. Authorization is requested to construct a 12-foot multi-use trail (i.e. greenway) along Fourth Creek. The center of the project corridor is located at 34.809727°N, -80.877364°W. The following information is included as part of this application submittal:  Project Summary Sheet  Pre-Construction Notification Form  Project Site Figures  Figure 1 – Vicinity  Figure 2 – USGS 7.5’ Topo (Statesville West Quadrangle)  Figure 3 – Iredell. Co. SSURGO Soils (2017 Iredell. Co. Aerial)  Figure 4 – PJD Field Sketch (2017 Iredell Co. Aerial)  Figure 5 – Proposed Conditions  Figure 5a – Proposed Conditions  Figure 5b – Proposed Conditions  Statesville Greenway Plan Set  Jurisdictional Determination Request Form  Field Data Forms  NCDWR Stream Identification Forms  NCSAM Field Assessment Forms and Rating Sheets Page 2 kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131  Project Site Photographs  Agency Correspondence  NCDMS In-Lieu Fee Mitigation Request Letter Project Background This project corridor generally parallels Fourth Creek, beginning at Pump Station Road and connects to the existing greenway east of Turnersburg Highway (US HWY 21), Iredell County, North Carolina (Figure 1). The approximately 2,200 linear foot corridor (1.9-acres) is predominately made of maintained right-of-way, sanitary sewer easements and power-line easements. A small portion of the corridor along the north bank of Fourth Creek, upstream of the US Hwy 21 bridge, includes a very narrow buffer area consisting of hardwood canopy species and dense layer of invasive species in the understory. The Statesville Greenway trail will connect parks, landmarks, and major employment centers and will serve both passive and active recreational opportunities for greenway users, while maintaining and preserving the natural aspects of the corridor. The Statesville Greenway segment includes the construction of 0.5 mile of 12-foot wide greenway trail along Fourth Creek. This segment of trail will tie into the existing Statesville Greenway. In general, the corridor will utilize existing and maintained sanitary sewer easement corridors in order to reduce clearing impacts, however, the Statesville Greenway is heavily constrained by a number of factors including topography, access, grade-separation issues, aerial and above- ground utilities and private commercial/residential properties. Existing Conditions The Preliminary JD information reflects site conditions evaluated by Kimley-Horn staff (Chris Tinklenberg, PWS) on July 15, 2017. The delineation was performed using a Trimble Geo7X sub-meter GPS to locate data form locations. Stream centerlines, edge of water and Ordinary High Water Marks (OHWM) were obtained from survey. North Carolina Division of Water Resources (NCDWR) stream identification methodology was used to identify potentially jurisdictional streams. Complete stream forms, including NCDWR Methodology for Identification of Intermittent and Perennial Streams and Their Origins, Version 4.11 (NCDWR, September 2010) were completed for each stream. NCDWR Stream Classification Forms representative of Streams 1 & 2 are attached. Jurisdictional Delineation Results On-site jurisdictional waters drain to and include Fourth Creek. Fourth Creek is part of the Yadkin-Pee Dee River Basin (HUC 03040103and is classified as “Class C Waters” by the NCDWR. According to the NCDWR, Class C Waters are defined as: “Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture.” Page 3 kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 Potential Non-Wetland Waters of the US (Perennial Streams) The results of the on-site field investigation indicate that there are two potential non-wetland waters of the US (Streams 1 & 2) located within or intersecting the project corridor (Figure 4). The project corridor is largely situated within the upland areas along the left bank and above the OHWM of Stream 1 (Fourth Creek). Stream 1 enters the project corridor south of Pump Station Rd., at the location of the proposed pedestrian bridge, and flows south for approximately 23 lf. Flow continues east, beyond the project limits and intersects the project corridor again for approximately 427 lf, at the US Hwy 21 bridge over Fourth Creek. Stream 2 (UT to Fourth Creek) originates off site in the eastern portion of the project corridor and flows southwest, through the project corridor for approximately 32 lf to the offsite confluence with Stream 1 (Fourth Creek). No potential wetland waters of the US are present within the project corridor. Agency Correspondence Cultural Resources A review of the NCSHPO HPOWEB online GIS database was performed for the project corridor on April 5, 2018. No sites of architectural, historic, or archaeological significance were identified within the project corridor. The bridge over Fourth Creek, just outside of the project corridor along Pump Station Road, (Bridge #177, HPO Site ID: ID0900) has been surveyed but is not listed on the national register. No work on the bridge is proposed as part of this project. Protected Species A data review was conducted using North Carolina Natural Heritage Program (NCNHP) Data Explorer on October 6, 2018 to determine the presence of any federally-listed, candidate endangered, threatened species, or critical habitat located within the project corridor. Based on the NCNHP review, there are no records of federally-protected species, or their habitats, within the project limits or within a mile of the project site. A copy of the data review report is attached. Proposed Impacts to Jurisdictional Waters A total loss of channel bed and stream function is not proposed by this project – only minor bank/bed impacts on one side, as the trail runs parallel and below OHWM in a few locations (due to constraints). The overall project includes the construction of approximately 2,200 linear feet of a 12-foot wide greenway trail. Streamside impacts below OHWM have been reduced to the maximum extent practicable to minimize impacts to stream functions already degraded by the urban watershed. One section of greenway will necessitate rip-rap below the OHWM resulting in 240 linear feet of permanent – no net loss of WoUS impacts in order to construct the trail running parallel along the edge of water, including applicable retaining walls, grading, and bank stabilization. This section includes existing rip-rap bank stabilization which was Page 4 kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 installed during the US Highway 21 bridge replacement. Beneath the bridge, the stream channel is over-wide due to erosion. Installation of a boulder wall and additional rip-rap below the bridge seeks to match the existing baseflow width of the up and downstream sections of Fourth Creek. Installation of rip-rap is necessary to stabilize the stream banks below the proposed prefabricated pedestrian bridge over Fourth Creek. The rip-rap bank stabilization will result in 10 linear feet of permanent – no net loss of WoUS impacts. Due to the highly-constrained project corridor, it is necessary for a portion of the construction activities to be conducted within the channel bed of Fourth Creek. Due to the size and drainage area of Fourth Creek, it is not feasible to utilize measures, i.e. impervious dikes and pumped diversions, in order to work in dry conditions. 187 linear feet of temporary stream impacts are requested to conduct construction activities including tracked back-hoe access, where greenway construction from the banks is not feasible. Temporary impacts have been minimized to the greatest extent practicable in order to meet the needs of the project and do not pose adverse alterations to the existing channel bed. An application to work in the wet will be submitted to NCDWR, Sediment and Erosion control which is typical for these types of projects. Compensatory Mitigation Based on recommendations by the USACE, Kimley-Horn conducted an NC SAM evaluation in order to qualitatively assess the existing conditions within the areas of proposed stream- side impacts. In addition, an assessment of these areas in the proposed condition was completed to determine what sub functions might be degraded, if any, as a result of the greenway construction. Based on the results of the qualitative assessment, KH implemented a methodology utilized on other similar projects intended to interpolate a quantitative value based on the qualitative assessment. The results of the quantitative assessment were then utilized in determining the appropriate compensatory mitigation requirements for impacts associated with the project. The following rationale was used to support the compensatory mitigation proposal:  To meet the needs of the project, 250 linear feet of permanent stream-side area impacts are proposed. Although, stream-side area impacts do not constitute a complete loss of waters and construction will focus primarily along only one bank (left bank) in these sections, we assume that from a functional perspective, it’s possible that each reach could experience some level of degradation from the proposed construction activities, therefore, 250 linear feet sets the baseline for the calculations;  Since the NC SAM qualitative assessment score results in a high, medium or low functional grade, each primary function class is viewed as one-third of the overall score. The overall LOW score does not change in the hydrology or habitat primary function classes in the existing versus proposed condition. The water quality primary function class is reduced from a medium score to low score in the proposed Page 5 kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 condition; therefore, we assume one-third of the existing condition stream function may be lost in the proposed condition. Results in 83 linear feet of functional loss;  There are eight (8) secondary sub functions considered in this assessment. Of the eight, only one sub function (streamside area vegetation) was reduced from medium to low in the proposed condition or 12.5% of the total. Results in 11 linear feet of functional loss. Based on the results of the NC SAM evaluation and methodology for calculating compensatory mitigation to offset stream-side area impacts, 11 stream credits will be purchased from the North Carolina Division of Mitigation Services (NCDMS) for offsetting impacts (nominal degradation to thermoregulation) associated with this project. Based on the current rate schedule of $394 per linear foot, the project proposes mitigation payment in the amount of $4,334. A credit reservation letter from NCDMS is attached, indicating that credits are available for purchase. Please feel free to contact me at (704) 409-1802 if you have any questions or if additional information is necessary. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Chris Tinklenberg, PWS Environmental Scientist Attachments Project Summary Sheet kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 Project Name: Statesville Greenway (TIP# EB-5818) Applicant Name and Address: POC: Mr. Larry Pressley City of Statesville PO Box 1111 Statesville, NC 28687 Telephone Number: (704) 878-3539 Type of Request: Nationwide PCN (NWP # 14) Individual Permit Application Jurisdictional Determination Other: Included Attachments: Project Plans USGS Map NRCS Soil Survey Agent Authorization Delineation Sketch Delineation Survey Data Forms (Up & Wet) NCDWR Stream Forms USACE Stream Forms NCDMS Confirmation Aerial Photo Site Photos Agency Correspondence Other: Other: Check if applicable: CAMA County Trout County Isolated Waters Section 7, ESA Section 106, NHPA EFH Mitigation Proposed ( NC EEP On-Site Off-Site Other) County: Iredell Nearest City/Town: Statesville Waterway: Fourth Creek River Basin: Yadkin; NCDWR 03-07-06 H.U.C.: 03040102 USGS Quad Name: Statesville West; Statesville East Property Size (acres): 1.9 (Project Corridor) Approx. Size of Jurisdiction on Site (acres): 0.18 Site Coordinates (in decimal degrees): 34.809727 °N -80.877364 °W Project Location: The project area begins at Pump Station Road and connects to the existing greenway east of Turnersburg Highway (US HWY 21), Iredell County, North Carolina. Site Description: The project proposed to construct a greenway on new location beginning at the existing greenway at Pump Station Road and continuing east under the Tonewood Street and US 21 bridges to the existing greenway located east of US 21. The proposed paved greenway will be approximately 2,200 feet long and 12-foot wide. The proposed greenway will also include 2' wide crushed stone shoulders as well as an 80-foot prefabricated pedestrian bridge over Fourth Creek and a 40-foot prefabricated pedestrian bridge over a tributary to Fourth Creek. A small parking lot will be constructed on Pump Station Road to provide access for greenway users. Skidsteers, excavators, pavers, and other equipment typical of greenway projects will be used during construction. Impact Summary (if applicable): The proposed greenway will result in 250 linear feet of permanent, no-net loss of waters of the US impacts from construction of the greenway (240 lf) and rip-rap stabilization below a pedestrian bridge (10 lf). 187 linear feet of temporary stream impacts are necessary to conduct construction activities within areas of constraints. NWP # Open Water (acres) Wetland (acres) Stream Channel Intermittent and/or Unimportant Aquatic Function Perennial and/or Important Aquatic Function Temp. Perm. Temp. Perm. Temp. Perm. Temp. Perm. lf ac lf ac lf ac lf Ac 14 187 0.12 250 0.06 Total 187 0.12 250 0.06 Total Permanent (No Net Loss) Impact to Waters of the U.S. 250 lf (0.06ac) Kimley-Horn Contact: Chris Tinklenberg, PWS Direct Number: (704) 409-1802 Email: chris.tinklenberg@kimley-horn.com Page 1 of 12 PCN Form – Version 1.3 December 10, 2008 Version Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Yes No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit 401 Water Quality Certification – Express Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. Yes No 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: Statesville Greenway 2b. County: Iredell County 2c. Nearest municipality / town: Statesville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: EB-5818 3. Owner Information 3a. Name(s) on Recorded Deed: City of Statesville, Right of Entry Agreements 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 2 of 12 PCN Form – Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: Public Agency 4b. Name: Larry Pressley 4c. Business name (if applicable): City of Statesville, City Manager 4d. Street address: PO Box 1111 4e. City, state, zip: Statesville, NC 28687 4f. Telephone no.: (704) 878-3584 4g. Fax no.: N/A 4h. Email address: lpressley@statesvillenc.net 5. Agent/Consultant Information (if applicable) 5a. Name: Chris Tinklenberg, PWS 5b. Business name (if applicable): Kimley-Horn and Associates, Inc. 5c. Street address: 200 South Tryon Street, Suite 200 5d. City, state, zip: Charlotte, NC 28202 5e. Telephone no.: 704-409-1802 5f. Fax no.: 5g. Email address: Chris.Tinklenberg@Kimley-Horn.com Page 3 of 12 PCN Form – Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): City of Statesville, Right of Entry Agreements 1b. Site coordinates (in decimal degrees): Latitude: 35.809448 Longitude: -80.878129 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 1.9 acres (Project Boundary) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Forth Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Yadkin-Pee Dee (HUC 03040102) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: This project corridor generally parallels Fourth Creek, beginning at Pump Station Road and connects to the existing greenway east of Turnersburg Highway (US HWY 21), Iredell County, North Carolina (Figure 1). The approximately 2,200 linear foot corridor (1.9-acres) is predominately made of maintained right-of-way, sanitary sewer easements and power- line easements. A small portion of the corridor along the north bank of Fourth Creek, upstream of the US Hwy 21 bridge, includes a very narrow buffer area consisting of hardwood canopy species and dense layer of invasive species in the understory. 3b. List the total estimated acreage of all existing wetlands on the property: No wetlands were identified within the project boundary. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: The total length of all on-site streams is approximately 482 linear feet 3d. Explain the purpose of the proposed project: The purpose of the project is to construct a greenway trail connector on new location in order to provide connectivity between two existing sections of the Statesville Greenway. 3e. Describe the overall project in detail, including the type of equipment to be used: The project proposed to construct a greenway on new location beginning at the existing greenway at Pump Station Road and continuing east under the Tonewood Street and US 21 bridges to the existing greenway located east of US 21. The Statesville Greenway segment includes the construction of 0.5 mile of 12-foot wide greenway trail along Fourth Creek. The proposed greenway will also include 2' wide crushed stone shoulders as well as an 80-foot prefabricated pedestrian bridge over Fourth Creek and a 40-foot prefabricated pedestrian bridge over a tributary to Fourth Creek. A small parking lot will be constructed on Pump Station Road to provide access for greenway users. Skidsteers, excavators, pavers, and other equipment typical of greenway projects will be used during construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: A Preliminary Jurisdictional Determination request has been included as part of this application. Yes No Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Page 4 of 12 PCN Form – Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes No Unknown 5b. If yes, explain in detail according to “help file” instructions. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands Streams - tributaries Buffers Open Waters Pond Construction Page 5 of 12 PCN Form – Version 1.3 December 10, 2008 Version 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number – Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction (Corps - 404, 10 DWQ – non- 404, other) 2f. Area of impact (acres) W1 P T Yes No Corps DWQ W2 P T Yes No Corps DWQ W3 P T Yes No Corps DWQ W4 P T Yes No Corps DWQ W5 P T Yes No Corps DWQ W6 P T Yes No Corps DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 (Fourth Creek) Impact 1 P T Rip-rap bridge abutment along banks Fourth Creek PER INT Corps DWQ 15 10 S1 (Fourth Creek) Impact 2 P T Construction activities Fourth Creek PER INT Corps DWQ 15 94 S1 (Fourth Creek) Impact 3 P T Stream-side area impact for greenway construction Fourth Creek PER INT Corps DWQ 25 240 S1 (Fourth Creek) Impact 4 P T Construction activities Fourth Creek PER INT Corps DWQ 15 93 3h. Total stream and tributary impacts 437 Page 6 of 12 PCN Form – Version 1.3 December 10, 2008 Version 3i. Comments: The proposed greenway will result in 250 linear feet of permanent, no-net loss of waters of the US impacts from construction of the greenway (240 lf) and rip-rap stabilization below a pedestrian bridge (10 lf). 187 linear feet of temporary stream impacts are necessary to conduct construction activities within areas of constraints. 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number – Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 P T O2 P T O3 P T O4 P T 4f. Total open water impacts 4g. Comments: No open water impacts will occur as a result of the proposed project 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: No lakes or ponds are proposed for construction as part of the proposed project. 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 7 of 12 PCN Form – Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? Neuse Tar-Pamlico Other: Catawba Randleman 6b. Buffer impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 P T Yes No B2 P T Yes No B3 P T Yes No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Two prefabricated pedestrian bridges will be utilized to avoid stream impacts associated with the installation of box culverts. Rip-rap outfalls associated with the storm drainage network have been configured well above the OHWM of Fourth Creek and are intended to meet non-erosive design criteria to prevent erosion. In spite of a highly constrained project corridor, impacts associated with the trail are limited to stream-side area impacts, only in the vicinity of the US Hwy 21 bridge which are necessary to avoid a dangerous pedestrian at-grade crossing over the bridge and meet the project purpose of providing a connection between two existing greenways. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All work, excluding the permanent impacts areas, will be conducted within uplands, along the left bank of Fourth Creek. Special care and consideration will be implemented, to the greatest extent practicable, in areas immediately adjacent to the creek in order to prevent incidental fallback. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If yes, mitigation is required by (check all that apply): DWQ Corps 2c. If yes, which mitigation option will be used for this project? Mitigation bank Payment to in-lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 8 of 12 PCN Form – Version 1.3 December 10, 2008 Version 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. Yes 4b. Stream mitigation requested: 11 linear feet 4c. If using stream mitigation, stream temperature: warm cool cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Based on the results of the NC SAM evaluation and methodology for calculating compensatory mitigation to offset stream-side area impacts, 11 stream credits will be purchased from the North Carolina Division of Mitigation Services (NCDMS) for offsetting impacts (nominal degradation to thermoregulation) associated with this project. Based on the current rate schedule of $394 per linear foot, the project proposes mitigation payment in the amount of $4,334. A credit reservation letter from NCDMS is attached, indicating that credits are available for purchase. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 9 of 12 PCN Form – Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <5 % 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Linear public transportation projects are required to treat stormwater runoff to the Maximum Extent Practicable in accordance with the practices described in the NCDOT Best Management Practices (BMP) Manual. Diffuse flow will be implemented to provide proper drainage and water treatment. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? Certified Local Government DWQ Stormwater Program DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes No Page 10 of 12 PCN Form – Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. If you answered “yes” to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: The signed Categorical Exclusion is attached. Yes No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 2b. Is this an after-the-fact permit application? Yes No 2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered “no,” provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 11 of 12 PCN Form – Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A data review was conducted using North Carolina Natural Heritage Program (NCNHP) Data Explorer on October 6, 2018 to determine the presence of any federally-listed, candidate endangered, threatened species, or critical habitat located within the project corridor. Based on the NCNHP review, there are no records of federally-protected species, or their habitats, within the project limits or within a mile of the project site. A copy of the data review report is attached. Additionally, NLEB coordination through the CE process demonstrates that USFWS was consulted and that due to the lack of known occurrences, hibernacula, or roosting sites, the biological conclusion of "may affect, not likely to adversely affect" has been rendered for NLEB for this project. Email correspondence from the Division 12 DEO, Trish Beam, reaffirms this conclusion. A copy of that correspondence is attached. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? North Carolina Natural Heritage Program Database 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A review of the NCSHPO HPOWEB online GIS database was performed for the project corridor on April 5, 2018. No sites of architectural, historic, or archaeological significance were identified within the project corridor. The bridge over Fourth Creek, just outside of the project corridor along Pump Station Road, (Bridge #177, HPO Site ID: ID0900) has been surveyed but is not listed on the national register. No work on the bridge is proposed as part of this project. Page 12 of 12 PCN Form – Version 1.3 December 10, 2008 Version 8. Flood Zone Designation (Corps Requirement) A flood impact analysis report, no-rise certification, and individual floodplain development permit will be submitted to Iredell County for review and approval prior to construction activities. The results of the flood impact analysis show that there is no net increase in base flood elevations. 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FIRM Panel 4745 (Effective March 18, 2008); Flood Risk Information System (FRIS) Chris Tinklenberg, PWS Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) 05/24/2018 Date Fourth C r e e k Morrison Creek §¨¦40§¨¦40 £¤21 STATESVILLE Gaither Rd Glenway DrRadio RdFourt h Crescent Pl H ills id eLnPump Station RdCross roadsDr Free Nancy Ave Valley StVirginia Ave Br o o k d a l e D rVenture LnFaye StGeorgia Ave Carolyn S t S p r ingdaleRdNCarolinaAve Dogwood RdWoods DrS Carolina Ave Hunter StNorthcross LnAshl andAve Wesley DrArgyle Pl Ar l ing ton S tThomasSt Fulton DrCarolina Cir Oakdale DrRoyalty CirBrookgreen AveFourth Crescent PlWoods DrOakdale Dr N Carolina Av e F a y e S tWoods DrHu nter St N C a r o l i naAve DogwoodRd ^_ Project Location Legend Project Corridor (LOD)NHD StreamsStatesvilleIredell County I 0 1,000 2,000Feet Figure 1: Vicinity MapTIP# EB-5818Statesville GreenwayStatesville, Iredell County, NC I Figure 2: USGS Topographic Map(Statesville East and Statesville West)TIP# EB-5818Statesville GreenwayStatesville, Iredell County, NC Legend Project Corridor (LOD)0 1,000 2,000Feet Su nset Hill R dAscendingLnHillsideLn P um p S t a t i o n R d Gl e nwayDrGaitherRd ThomasSt N Carolina AveBrookdale DrN Carolina Ave Crossroads Dr £¤21§¨¦40 §¨¦40 Ur UmF ToD2 ToC2 Ur ToD2 ToD2 FwE2 UmF LuC UdE UfB UfB DrB Ur Ur DaA ToC2 ChA UmF UmF UmF IFigure 3: SSURGO Soils MapTIP# EB-5818Statesville GreenwayStatesville, Iredell County, NC Legend Project Corridor (LOD)Not Hydric (0%)SSURG O Soils 0 300 600Feet ! _ !_!_!_!_ !_!_!_Mor r i s o n C r e e k Fourth C r e e k ( S 1 ) UT to Fourth Cree k ( S 2 ) Toewood St Pump Station Rd Su n s e t H i l l R d Gaither Rd §¨¦40§¨¦40 £¤21 1 8 76 5 4 3 2 IFigure 4: Preliminary JD Field SketchTIP# EB-5818Statesville GreenwayStatesville, Iredell County, NC Legend Project Corridor (LOD)Potential Non-Wetland Waters of the US (EOW) !_Photo Locations 0 150 300Feet Impact 1 - Permanent - No Net Loss10lf, rip rap bank stabilization associated with construction of greenway bridge abutment Impact 3 - Permanent - No Net Loss240lf, stream-side area impact, (below OHWM) construction of greenway Span - No ImpactsNo proposed rip-rap stabilization Figure 5bImpact 2 - Temporary94lf, necessary to conductconstruction activities Impact 4 - Temporary93lf, necessary to conductconstruction activities Figure 5a §¨¦40§¨¦40 £¤21 S u n s e t H ill R d P um p S ta tion R d Gaither Rd IFigure 5: Proposed ConditionsTIP# EB-5818Statesville GreenwayStatesville, Iredell County, NC Legend Project Corridor (LOD)Storm PipesGreenway (Edge of Pavement) %,%,%,%,%,%, %,%,%,%,%,%, %,%,%,%,%,%,Rip-RapEdge o f WaterOrdinary Hig h Water MarkRetaining W allsImpact TypePermanent (Stream-side Only)Tem porary (Stream-side Only)0 200 400Feet Impact 1 - Permanent - No Net Loss10lf, rip rap bank stabilization associated with construction of greenway bridge abutment Pump Station Rd IFigure 5a: Proposed ConditionsTIP# EB-5818Statesville GreenwayStatesville, Iredell County, NC Legend Project Corridor (LOD)Storm PipesGreenway (Edge of Pavement) %,%,%,%,%, %,%,%,%,%, %,%,%,%,%,Rip-RapEdge o f WaterOrdinary Hig h Water MarkRetaining W allsImpact TypePermanent (Stream-side Only)Tem porary (Stream-side Only)0 60 120Feet Impact 3 - Permanent - No Net Loss240lf, stream-side area impact, (below OHWM) construction of greenway Span - no proposed rip-rap stabilization Impact 2 - Temporary94lf, necessary to conductconstruction activities Impact 4 - Temporary93lf, necessary to conductconstruction activities £¤21 IFigure 5b: Proposed ConditionsTIP# EB-5818Statesville GreenwayStatesville, Iredell County, NC Legend Project Corridor (LOD)Storm PipesGreenway (Edge of Pavement) %,%,%,%,%, %,%,%,%,%, %,%,%,%,%,Rip-RapEdge o f WaterOrdinary Hig h Water MarkRetaining W allsImpact TypePermanent (Stream-side Only)Tem porary (Stream-side Only)0 60 120Feet Jurisdictional Determination Request Version: May 2017 Page 1 This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx , by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE& CHARLOTTE REGULATORY FIELDOFFICES US ArmyCorps of Engineers 151 Patton Avenue,Room 208 Asheville, North Carolina28801-5006 GeneralNumber: (828)271-7980 Fax Number: (828) 281-8120 RALEIGHREGULATORYFIELDOFFICE US ArmyCorps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina27587 GeneralNumber: (919)554-4884 Fax Number: (919) 562-0421 WASHINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 2407 West Fifth Street Washington, North Carolina27889 GeneralNumber: (910)251-4610 Fax Number: (252) 975-1399 WILMINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 GeneralNumber:910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Jurisdictional Determination Request Version: May 2017 Page 2 A. PARCEL INFORMATION Street Address: _______________________________________________ City, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B. REQUESTORINFORMATION Name: Mailing Address: _________________________________________ Telephone Number: _________________________________________ Electronic Mail Address: ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant 1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C. PROPERTY OWNER INFORMATION 2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Jurisdictional Determination Request Version: May 2017 Page 3 D. PROPERTY ACCESS CERTIFICATION 3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: Owner Authorized Agent5 Date Signature E. REASON FOR JD REQUEST:(Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources underCorpsauthority. Iintendto construct/develop a project or perform activities on this parcelwhich may require authorization from the Corps, andthe JDwould beusedto avoid and minimize impacts tojurisdictional aquatic resources and as aninitialstep in a future permitting process. I intendto construct/develop a project or perform activities on this parcelwhich may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. Iintendto construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other:___________________________________________________________________ _______________________________________________________________________ 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Jurisdictional Determination Request Version: May 2017 Page 4 F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be “waters of the United States” or “navigable waters of the United States”on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional “waters of the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is “preliminary” in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approvedJD for the property identifiedherein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional “waters of the United States” or “navigable waters of the United States” are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other “affected party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Propertyor Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area acres. The property boundary (or review area boundary) is clearly physically marked on the site. Jurisdictional Determination Request Version: May 2017 Page 5 H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 North Arrow Graphical Scale Boundary of Review Area Date Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. Isolated waters, waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non-jurisdictional (i.e. “Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) ____________________________________________________________________________ 6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Jurisdiction/ Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table AJDs, please complete an Approved Jurisdictional Determination Form 8 Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms _____________________________________________________________________________ 7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose:The information thatyou provide will beusedinevaluating your requestto determine whether there are any aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory authorities referencedabove. Routine Uses:This information maybeshared with the Department of Justice andother federal, state,and local government agencies, and the public,and maybe made available aspartof a public notice as required byfederal law. Your nameand property location where federal jurisdiction is to bedetermined will beincluded in the approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website andonthe Headquarters USAGEwebsite. Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the requestforanAJD cannot beevaluated norcananAJD be issued. Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A.REPORT COMPLETION DATE FOR PJD: B.NAME AND ADDRESS OF PERSON REQUESTING PJD: C.DISTRICT OFFICE, FILE NAME, AND NUMBER: D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: County/parish/borough: City: Center coordinates of site (lat/long in degree decimal format): Lat.:Long.: Universal Transverse Mercator: Name of nearest waterbody: E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE”SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non-wetland waters) Geographic authority to which the aquatic resource “may be” subject (i.e., Section 404 or Section 10/404) 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: ________________. 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: _________. Natural Resources Conservation Service Soil Survey. Citation: __________. National wetlands inventory map(s). Cite name: ________. State/local wetland inventory map(s): ____________. FEMA/FIRM maps: ________________. 100-year Floodplain Elevation is: ____.(National Geodetic Vertical Datum of 1929) Photographs: Aerial (Name & Date): ______. or Other (Name & Date): ______. Previous determination(s). File no. and date of response letter: __________. Other information (please specify): ______________. 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. Signature and date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable) 1 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Date: Project/Site: Latitude: Evaluator: County: Longitude: Total Points:41.5 Stream is at least intermittent if ≥ 19 or perennial if ≥ 30 A. Geomorphology Subtotal = Absent Weak Strong Score 0 1 3 3 0 1 3 2 0 1 3 2 0 1 3 2 0 1 3 3 0 1 3 3 0 1 3 3 0 1 3 0 0 0.5 1.5 0.5 0 0.5 1.5 1.5 3 a artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 11.5 0 1 3 3 0 1 3 1 1.5 1 0 1.5 0 0.5 1.5 1.5 0 0.5 1.5 1.5 3 C. Biology Subtotal = 7 3 2 0 3 3 2 0 3 0 1 3 0 0 1 3 0 0 0.5 1.5 1 0 0.5 1.5 0 0 0.5 1.5 0 0 0.5 1.5 0 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Major urban stream channel Minimal buffer along banks 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5; Other = 0 23. Crayfish 1 24. Amphibians 1 25. Algae 1 20. Macrobenthos (note diversity and abundance)2 21. Aquatic Mollusks 2 22. Fish 1 19. Rooted upland plants in streambed 1 14. Leaf litter 0.5 15. Sediment on plants or debris 1 16. Organic debris lines or piles 1 17. Soil-based evidence of high water table?No = 0 Yes = 3 18. Fibrous roots in streambed 1 13. Iron oxidizing bacteria 2 8. Headcuts 2 9. Grade control 1 10. Natural valley 1 11. Second or greater order channel No = 0 Yes = 3 12. Presence of Baseflow 2 5. Active/relic floodplain 2 6. Depositional bars or benches 2 7. Recent alluvial deposits 2 2. Sinuosity of channel along thalweg 2 3. In-channel structure: ex. riffle-pool, step-pool, ripple- pool sequence 2 4. Particle size of stream substrate 2 1a. Continuity of channel bed and bank 2 North Carolina Division of Water Quality - Stream Identification Form, Version 4.11 Statesville Greenway/ S1 - Fourth Creek 34.809727 Chris Tinklenberg Iredell -80.877364 Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name: Statesville East; Statesville West 23 Moderate Date: Project/Site: Latitude: Evaluator: County: Longitude: Total Points:36.5 Stream is at least intermittent if ≥ 19 or perennial if ≥ 30 A. Geomorphology Subtotal = Absent Weak Strong Score 0 1 3 3 0 1 3 2 0 1 3 2 0 1 3 3 0 1 3 3 0 1 3 2 0 1 3 2 0 1 3 0 0 0.5 1.5 0.5 0 0.5 1.5 1.5 0 a artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 11.5 0 1 3 3 0 1 3 2 1.5 1 0 1.5 0 0.5 1.5 1 0 0.5 1.5 1 3 C. Biology Subtotal = 6 3 2 0 3 3 2 0 3 0 1 3 0 0 1 3 0 0 0.5 1.5 0 0 0.5 1.5 0 0 0.5 1.5 0 0 0.5 1.5 0 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Flow from 48" CMP Hydrology largely influenced by drainage from urbanized watershed Rip-rap abutments present beneath existing bridge 1a. Continuity of channel bed and bank 2 North Carolina Division of Water Quality - Stream Identification Form, Version 4.11 Statesville Greenway/ S2- UT - Fourth Creek 34.809727 Chris Tinklenberg Iredell -80.877364 Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name: Statesville East; Statesville West 19 Moderate 2. Sinuosity of channel along thalweg 2 3. In-channel structure: ex. riffle-pool, step-pool, ripple- pool sequence 2 4. Particle size of stream substrate 2 5. Active/relic floodplain 2 6. Depositional bars or benches 2 7. Recent alluvial deposits 2 13. Iron oxidizing bacteria 2 8. Headcuts 2 9. Grade control 1 10. Natural valley 1 11. Second or greater order channel No = 0 Yes = 3 12. Presence of Baseflow 2 19. Rooted upland plants in streambed 1 14. Leaf litter 0.5 15. Sediment on plants or debris 1 16. Organic debris lines or piles 1 17. Soil-based evidence of high water table?No = 0 Yes = 3 18. Fibrous roots in streambed 1 20. Macrobenthos (note diversity and abundance)2 21. Aquatic Mollusks 2 22. Fish 1 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5; Other = 0 23. Crayfish 1 24. Amphibians 1 25. Algae 1 USACE AID #:NCDWR #: PROJECT / SITE INFORMATION: 1. Project name (if any):2. Date of evaluation: 3. Applicant/owner name: 5. County:6. Nearest named water body 7. River Basin: on USGS 7.5-minute quad: 8. Site coordinates (decimal degrees, at lower end of assessment reach): STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map):10. Length of assessment reach evaluated (feet): 11. Channel depth from bed (in riffle, if present) to top of bank (feet):Unable to assess channel depth. 12. Channel width at top of bank (feet):13. Is assessment reach a swamp stream?Yes No 14. Feature type:Perennial flow Intermittent flow Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone:Mountains (M)Piedmont (P)Inner Coastal Plain (I)Outer Coastal Plain (O) 16. Estimated geomorphic valley shape (skip for a b Tidal Marsh Stream):(more sinuous stream, flatter valley slope)(less sinuous stream, steeper valley slope) 17. Watershed size: (skip Size 1 (< 0.1 mi2)Size 2 (0.1 to < 0.5 mi2)Size 3 (0.5 to < 5 mi2)Size 4 (≥ 5 mi2) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated?Yes No If Yes, check all that appy to the assessment area. Section 10 water Classified Trout Waters Water Supply Watershed (I II III IV V) Essential Fish Habitat Primary Nursery Area High Quality Waters/Outstanding Resource Waters Publicly owned property NCDWR riparian buffer rule in effect Nutrient Sensitive Waters Anadromous fish 303(d) List CAMA Area of Environmental Concern (AEC) Documented presence of a federal and/or state listed protected species within the assessment area. List species: Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached?Yes No 1.Channel Water – assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) A Water throughout assessment reach. B No flow, water in pools only. C No water in assessment reach. 2.Evidence of Flow Restriction – assessment reach metric A At least 10% of assessment reach in-stream habitat or riffle-pool sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). B Not A 3.Feature Pattern – assessment reach metric A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). B Not A. 4.Feature Longitudinal Profile – assessment reach metric A Majority of assessment reach has a substantially altered stream profile (examples: channel down-cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). B Not A 5.Signs of Active Instability – assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down-cutting (head-cut), active widening, and artificial hardening (such as concrete, gabion, rip-rap). A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable 6.Streamside Area Interaction – streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A A Little or no evidence of conditions that adversely affect reference interaction 12' 50' NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2 Rating Calculator Version 2 INSTRUCTIONS:Attach a sketch of the assessment area and photographs.Attach a copy of the USGS 7.5-minute topographic quadrangle,and circle the location of the stream reach under evaluation.If multiple stream reaches will be evaluated on the same property,identify and number all reaches on the attached map,and include a separate form for each reach.See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. Statesville Greenway March 1, 2018 35.809908, -80.875675 Reach 1 - Left Bank ~300' City of Statesville 4. Assessor name/organization:C. Tinklenberg/Kimley-Horn Iredell Yadkin-PeeDee Fourth Creek B B Moderate evidence of conditions (examples: berms, levees, down-cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) C C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7.Water Quality Stressors – assessment reach/intertidal zone metric Check all that apply. A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) B Excessive sedimentation (burying of stream features or intertidal zone) C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem D Odor (not including natural sulfide odors) E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. F Livestock with access to stream or intertidal zone G Excessive algae in stream or intertidal zone H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) I Other:(explain in "Notes/Sketch" section) J Little to no stressors 8.Recent Weather – watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours B Drought conditions and rainfall exceeding 1 inch within the last 48 hours C No drought conditions 9 Large or Dangerous Stream – assessment reach metric Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10.Natural In-stream Habitat Types – assessment reach metric 10a.Yes No Degraded in-stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in-stream hardening [for example, rip-rap], recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b.Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) A Multiple aquatic macrophytes and aquatic mosses F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats)G Submerged aquatic vegetation B Multiple sticks and/or leaf packs and/or emergent H Low-tide refugia (pools) vegetation I Sand bottom C Multiple snags and logs (including lap trees)J 5% vertical bank along the marsh D 5% undercut banks and/or root mats and/or roots K Little or no habitat in banks extend to the normal wetted perimeter E Little or no habitat 11.Bedform and Substrate – assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a.Yes No Is assessment reach in a natural sand-bed stream? (skip for Coastal Plain streams) 11b.Bedform evaluated. Check the appropriate box(es). A Riffle-run section (evaluate 11c) B Pool-glide section (evaluate 11d) C Natural bedform absent (skip to Metric 12, Aquatic Life) 11c.In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach – whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but ≤ 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P Bedrock/saprolite Boulder (256 – 4096 mm) Cobble (64 – 256 mm) Gravel (2 – 64 mm) Sand (.062 – 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip-rap, concrete, etc.) 11d.Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12.Aquatic Life – assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a.Yes No Was an in-stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. No Water Other: Trash/Debris Input *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************Check for TidalMarsh Streamsonly 12b.Yes No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to “individuals” for size 1 and 2 streams and “taxa” for size 3 and 4 streams. Adult frogs Aquatic reptiles Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) Beetles (including water pennies) Caddisfly larvae (Trichoptera [T]) Asian clam (Corbicula ) Crustacean (isopod/amphipod/crayfish/shrimp) Damselfly and dragonfly larvae Dipterans (true flies) Mayfly larvae (Ephemeroptera [E]) Megaloptera (alderfly, fishfly, dobsonfly larvae) Midges/mosquito larvae Mosquito fish (Gambusia ) or mud minnows (Umbra pygmaea) Mussels/Clams (not Corbicula ) Other fish Salamanders/tadpoles Snails Stonefly larvae (Plecoptera [P]) Tipulid larvae Worms/leeches 13.Streamside Area Ground Surface Condition – streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB A A Little or no alteration to water storage capacity over a majority of the streamside area B B Moderate alteration to water storage capacity over a majority of the streamside area C C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14.Streamside Area Water Storage – streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A A Majority of streamside area with depressions able to pond water ≥ 6 inches deep B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C C Majority of streamside area with depressions able to pond water < 3 inches deep 15.Wetland Presence – streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB Y Y Are wetlands present in the streamside area? N N 16.Baseflow Contributors – assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. A Streams and/or springs (jurisdictional discharges) B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) C Obstruction that passes some flow during low-flow periods within assessment area (beaver dam, bottom-release dam) D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) E Stream bed or bank soil reduced (dig through deposited sediment if present) F None of the above 17.Baseflow Detractors – assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) C Urban stream (≥ 24% impervious surface for watershed) D Evidence that the stream-side area has been modified resulting in accelerated drainage into the assessment reach E Assessment reach relocated to valley edge F None of the above 18.Shading – assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider “leaf-on” condition. A Stream shading is appropriate for stream category (may include gaps associated with natural processes) B Degraded (example: scattered trees) C Stream shading is gone or largely absent 19.Buffer Width – streamside area metric (skip for Tidal Marsh Streams) Consider “vegetated buffer” and “wooded buffer” separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB A A A A ≥ 100-feet wide or extends to the edge of the watershed B B B B From 50 to < 100-feet wide C C C C From 30 to < 50-feet wide D D D D From 10 to < 30-feet wide E E E E < 10-feet wide or no trees 20.Buffer Structure – streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB A A Mature forest B B Non-mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feet wide D D Maintained shrubs E E Little or no vegetation 21.Buffer Stressors – streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB A A A A A A Row crops B B B B B B Maintained turf C C C C C C Pasture (no livestock)/commercial horticulture D D D D D D Pasture (active livestock use) 22.Stem Density – streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB A A Medium to high stem density B B Low stem density C C No wooded riparian buffer or predominantly herbaceous species or bare ground 23.Continuity of Vegetated Buffer – streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB A A The total length of buffer breaks is < 25 percent. B B The total length of buffer breaks is between 25 and 50 percent. C C The total length of buffer breaks is > 50 percent. 24.Vegetative Composition – First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear-cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non-characteristic species or communities inappropriately composed of a single species or no vegetation. 25.Conductivity – assessment reach metric (skip for all Coastal Plain streams) 25a.Yes No Was a conductivity measurement recorded? If No, select one of the following reasons. No Water Other: 25b.Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). A <46 B 46 to < 67 C 67 to < 79 D 79 to < 230 E ≥ 230 Notes/Sketch: Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) (4) Floodplain Access (4) Wooded Riparian Buffer (4) Microtopography (3) Stream Stability (4) Channel Stability (4) Sediment Transport (4) Stream Geomorphology (2) Stream/Intertidal Zone Interaction (2) Longitudinal Tidal Flow (2) Tidal Marsh Stream Stability (3) Tidal Marsh Stream Geomorphology (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration (1) Habitat (2) In-stream Habitat (3) Baseflow (3) Substrate (3) Stream Stability (3) In-stream Habitat (2) Stream-side Habitat (3) Stream-side Habitat (3) Thermoregulation (2) Tidal Marsh In-stream Habitat (3) Flow Restriction (3) Tidal Marsh Stream Stability (4) Tidal Marsh Stream Geomorphology (3) Tidal Marsh In-stream Habitat (2) Intertidal Zone Habitat Overall LOW LOW LOW LOW LOW LOW LOW NA NA LOW LOW LOW LOW LOW NA NA NA NA LOW HIGH LOW LOW NA NA HIGH NA (4) Tidal Marsh Channel Stability (3) Tidal Marsh Channel Stability (3) Streamside Area Attenuation Function Class Rating Summary (1) Hydrology NA LOW HIGH MEDIUM LOW NA YES NA NA (2) Flood Flow C. Tinklenberg/Kimley-Horn March 1, 2018 NO YES YES Perennial (2) Baseflow Stream Category Assessor Name/Organization LOW LOW Pa4 Stream Site Name Statesville Greenway Date of Evaluation LOW HIGH Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 1 Rating Calculator Version 1 LOW LOW USACE/ All Streams NCDWR Intermittent USACE AID #:NCDWR #: PROJECT / SITE INFORMATION: 1. Project name (if any):2. Date of evaluation: 3. Applicant/owner name: 5. County:6. Nearest named water body 7. River Basin: on USGS 7.5-minute quad: 8. Site coordinates (decimal degrees, at lower end of assessment reach): STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map):10. Length of assessment reach evaluated (feet): 11. Channel depth from bed (in riffle, if present) to top of bank (feet):Unable to assess channel depth. 12. Channel width at top of bank (feet):13. Is assessment reach a swamp stream?Yes No 14. Feature type:Perennial flow Intermittent flow Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone:Mountains (M)Piedmont (P)Inner Coastal Plain (I)Outer Coastal Plain (O) 16. Estimated geomorphic valley shape (skip for a b Tidal Marsh Stream):(more sinuous stream, flatter valley slope)(less sinuous stream, steeper valley slope) 17. Watershed size: (skip Size 1 (< 0.1 mi2)Size 2 (0.1 to < 0.5 mi2)Size 3 (0.5 to < 5 mi2)Size 4 (≥ 5 mi2) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated?Yes No If Yes, check all that appy to the assessment area. Section 10 water Classified Trout Waters Water Supply Watershed (I II III IV V) Essential Fish Habitat Primary Nursery Area High Quality Waters/Outstanding Resource Waters Publicly owned property NCDWR riparian buffer rule in effect Nutrient Sensitive Waters Anadromous fish 303(d) List CAMA Area of Environmental Concern (AEC) Documented presence of a federal and/or state listed protected species within the assessment area. List species: Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached?Yes No 1.Channel Water – assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) A Water throughout assessment reach. B No flow, water in pools only. C No water in assessment reach. 2.Evidence of Flow Restriction – assessment reach metric A At least 10% of assessment reach in-stream habitat or riffle-pool sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). B Not A 3.Feature Pattern – assessment reach metric A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). B Not A. 4.Feature Longitudinal Profile – assessment reach metric A Majority of assessment reach has a substantially altered stream profile (examples: channel down-cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). B Not A 5.Signs of Active Instability – assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down-cutting (head-cut), active widening, and artificial hardening (such as concrete, gabion, rip-rap). A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable 6.Streamside Area Interaction – streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A A Little or no evidence of conditions that adversely affect reference interaction Statesville Greenway (Proposed)March 1, 2018 35.809908, -80.875675 Reach 1 - Left Bank ~300' City of Statesville 4. Assessor name/organization:C. Tinklenberg/Kimley-Horn Iredell Yadkin-PeeDee Fourth Creek property,identify and number all reaches on the attached map,and include a separate form for each reach.See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2 Rating Calculator Version 2 INSTRUCTIONS:Attach a sketch of the assessment area and photographs.Attach a copy of the USGS 7.5-minute topographic quadrangle,and circle the location of the stream reach under evaluation.If multiple stream reaches will be evaluated on the same 12' 50' B B Moderate evidence of conditions (examples: berms, levees, down-cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) C C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7.Water Quality Stressors – assessment reach/intertidal zone metric Check all that apply. A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) B Excessive sedimentation (burying of stream features or intertidal zone) C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem D Odor (not including natural sulfide odors) E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. F Livestock with access to stream or intertidal zone G Excessive algae in stream or intertidal zone H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) I Other:(explain in "Notes/Sketch" section) J Little to no stressors 8.Recent Weather – watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours B Drought conditions and rainfall exceeding 1 inch within the last 48 hours C No drought conditions 9 Large or Dangerous Stream – assessment reach metric Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10.Natural In-stream Habitat Types – assessment reach metric 10a.Yes No Degraded in-stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in-stream hardening [for example, rip-rap], recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b.Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) A Multiple aquatic macrophytes and aquatic mosses F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats)G Submerged aquatic vegetation B Multiple sticks and/or leaf packs and/or emergent H Low-tide refugia (pools) vegetation I Sand bottom C Multiple snags and logs (including lap trees)J 5% vertical bank along the marsh D 5% undercut banks and/or root mats and/or roots K Little or no habitat in banks extend to the normal wetted perimeter E Little or no habitat 11.Bedform and Substrate – assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a.Yes No Is assessment reach in a natural sand-bed stream? (skip for Coastal Plain streams) 11b.Bedform evaluated. Check the appropriate box(es). A Riffle-run section (evaluate 11c) B Pool-glide section (evaluate 11d) C Natural bedform absent (skip to Metric 12, Aquatic Life) 11c.In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach – whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but ≤ 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P Bedrock/saprolite Boulder (256 – 4096 mm) Cobble (64 – 256 mm) Gravel (2 – 64 mm) Sand (.062 – 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip-rap, concrete, etc.) 11d.Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12.Aquatic Life – assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a.Yes No Was an in-stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. No Water Other: Trash/Debris Input *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************Check for TidalMarsh Streamsonly 12b.Yes No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to “individuals” for size 1 and 2 streams and “taxa” for size 3 and 4 streams. Adult frogs Aquatic reptiles Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) Beetles (including water pennies) Caddisfly larvae (Trichoptera [T]) Asian clam (Corbicula ) Crustacean (isopod/amphipod/crayfish/shrimp) Damselfly and dragonfly larvae Dipterans (true flies) Mayfly larvae (Ephemeroptera [E]) Megaloptera (alderfly, fishfly, dobsonfly larvae) Midges/mosquito larvae Mosquito fish (Gambusia ) or mud minnows (Umbra pygmaea) Mussels/Clams (not Corbicula ) Other fish Salamanders/tadpoles Snails Stonefly larvae (Plecoptera [P]) Tipulid larvae Worms/leeches 13.Streamside Area Ground Surface Condition – streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB A A Little or no alteration to water storage capacity over a majority of the streamside area B B Moderate alteration to water storage capacity over a majority of the streamside area C C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14.Streamside Area Water Storage – streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A A Majority of streamside area with depressions able to pond water ≥ 6 inches deep B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C C Majority of streamside area with depressions able to pond water < 3 inches deep 15.Wetland Presence – streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB Y Y Are wetlands present in the streamside area? N N 16.Baseflow Contributors – assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. A Streams and/or springs (jurisdictional discharges) B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) C Obstruction that passes some flow during low-flow periods within assessment area (beaver dam, bottom-release dam) D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) E Stream bed or bank soil reduced (dig through deposited sediment if present) F None of the above 17.Baseflow Detractors – assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) C Urban stream (≥ 24% impervious surface for watershed) D Evidence that the stream-side area has been modified resulting in accelerated drainage into the assessment reach E Assessment reach relocated to valley edge F None of the above 18.Shading – assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider “leaf-on” condition. A Stream shading is appropriate for stream category (may include gaps associated with natural processes) B Degraded (example: scattered trees) C Stream shading is gone or largely absent 19.Buffer Width – streamside area metric (skip for Tidal Marsh Streams) Consider “vegetated buffer” and “wooded buffer” separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB A A A A ≥ 100-feet wide or extends to the edge of the watershed B B B B From 50 to < 100-feet wide C C C C From 30 to < 50-feet wide D D D D From 10 to < 30-feet wide E E E E < 10-feet wide or no trees 20.Buffer Structure – streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB A A Mature forest B B Non-mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feet wide D D Maintained shrubs E E Little or no vegetation 21.Buffer Stressors – streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB A A A A A A Row crops B B B B B B Maintained turf C C C C C C Pasture (no livestock)/commercial horticulture D D D D D D Pasture (active livestock use) 22.Stem Density – streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB A A Medium to high stem density B B Low stem density C C No wooded riparian buffer or predominantly herbaceous species or bare ground 23.Continuity of Vegetated Buffer – streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB A A The total length of buffer breaks is < 25 percent. B B The total length of buffer breaks is between 25 and 50 percent. C C The total length of buffer breaks is > 50 percent. 24.Vegetative Composition – First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear-cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non-characteristic species or communities inappropriately composed of a single species or no vegetation. 25.Conductivity – assessment reach metric (skip for all Coastal Plain streams) 25a.Yes No Was a conductivity measurement recorded? If No, select one of the following reasons. No Water Other: 25b.Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). A <46 B 46 to < 67 C 67 to < 79 D 79 to < 230 E ≥ 230 Notes/Sketch: Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) (4) Floodplain Access (4) Wooded Riparian Buffer (4) Microtopography (3) Stream Stability (4) Channel Stability (4) Sediment Transport (4) Stream Geomorphology (2) Stream/Intertidal Zone Interaction (2) Longitudinal Tidal Flow (2) Tidal Marsh Stream Stability (3) Tidal Marsh Stream Geomorphology (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration (1) Habitat (2) In-stream Habitat (3) Baseflow (3) Substrate (3) Stream Stability (3) In-stream Habitat (2) Stream-side Habitat (3) Stream-side Habitat (3) Thermoregulation (2) Tidal Marsh In-stream Habitat (3) Flow Restriction (3) Tidal Marsh Stream Stability (4) Tidal Marsh Stream Geomorphology (3) Tidal Marsh In-stream Habitat (2) Intertidal Zone Habitat Overall LOW HIGH Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 1 Rating Calculator Version 1 LOW LOW USACE/ All Streams NCDWR Intermittent NA NA (2) Flood Flow C. Tinklenberg/Kimley-Horn March 1, 2018 NO YES YES Perennial (2) Baseflow Stream Category Assessor Name/Organization LOW LOW Pa4 Stream Site Name Statesville Greenway (Proposed)Date of Evaluation (4) Tidal Marsh Channel Stability (3) Tidal Marsh Channel Stability (3) Streamside Area Attenuation Function Class Rating Summary (1) Hydrology NA LOW HIGH LOW LOW NA YES LOW LOW NA NA HIGH NA NA NA NA NA LOW HIGH LOW LOW LOW LOW LOW LOW LOW NA NA LOW LOW LOW LOW LOW Photo Page 1 Photo 1 - Stream 1 (Fourth Creek) facing downstream (south) from Pump Station Road from the start of the project corridor. Photo 2 – Stream 1 (Fourth Creek) facing upstream (north) towards Pump Station Road. Title Photo Pages Prepared For Project TIP# EB-5818 Statesville Greenway Statesville, Iredell County, North Carolina Prepared By Date Project Number 5/24/18 08115002 Photo Page 2 Photo 3 – Stream 1 (Fourth Creek) facing upstream (west) towards the confluence with Morrison Creek. Photo 4 – Stream 1 (Fourth Creek) facing downstream (east), east of the confluence with Morrison Creek. Title Photo Pages Prepared For Project TIP# EB-5818 Statesville Greenway Statesville, Iredell County, North Carolina Prepared By Date Project Number 5/24/18 08115002 Photo Page 3 Photo 5 – Stream 1 (Fourth Creek) facing downstream (east), beneath the southbound lane of Hwy 21 from the proposed permanent stream-side area impact location. Notice mid-channel bar formation and over-widened channel bed. Photo 6 – Stream 1 (Fourth Creek) facing upstream (west), beneath the northbound lane of Hwy 21 from the proposed permanent stream-side area impact location. Title Photo Pages Prepared For Project TIP# EB-5818 Statesville Greenway Statesville, Iredell County, North Carolina Prepared By Date Project Number 5/24/18 08115002 Photo Page 4 Photo 7 – Stream 1 (Fourth Creek) facing upstream (west), east of the Hwy 21 bridge. Notice over-widened channel bed. The proposed condition will reestablish the normal baseflow width beneath the bridge to match upstream and downstream baseflow widths. Photo 8 – Stream 1 (Fourth Creek) facing downstream (east) from beneath the northbound lane of Hwy 21. Title Photo Pages Prepared For Project TIP# EB-5818 Statesville Greenway Statesville, Iredell County, North Carolina Prepared By Date Project Number 5/24/18 08115002 Photo Page 5 Photo 9 - Stream 2 (UT to Fourth Creek) facing downstream (southwest) beneath existing pedestrian bridge (to be replaced). Photo 10 - Stream 2 (UT to Fourth Creek) facing upstream (northeast) at the 48-inch corrugated metal pipe outlet. Title Photo Pages Prepared For Project TIP# EB-5818 Statesville Greenway Statesville, Iredell County, North Carolina Prepared By Date Project Number 5/24/18 08115002 NCNHDE-2324 October 6, 2016 Chris Tinklenberg Kimley-Horn 200 South Tryon St. Charlotte, NC 28202 RE: Statesville Greenway Project Dear Chris Tinklenberg: 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, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one-mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or Federally-listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Suzanne Mason at suzanne.mason@ncdcr.gov or 919.707.8637. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Statesville Greenway Project October 6, 2016 NCNHDE-2324 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Vascular Plant 24006 Trifolium reflexum Buffalo Clover 1935-05-20 H 3-Medium ---Threatened G3G4 S1S2 No Natural Areas are Documented Within a One-mile Radius of the Project Area Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type Iredell County Open Space Iredell County: multiple local government Local Government Iredell County Open Space Iredell County: multiple local government Local Government Iredell County Open Space Iredell County: multiple local government Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on October 6, 2016; source: NCNHP, Q2 June 2016. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 Powered by TCPDF (www.tcpdf.org) Page 3 of 3 1 Tinklenberg, Chris Subject:RE: [External] U-6039 Draft NRTR From: "Beam, Patricia" <pdbeam@ncdot.gov>  Date: January 30, 2018 at 2:29:48 PM EST  To: "Hardy, Tad" <tad.hardy@kimley‐horn.com>  Cc: "Sowell, Bryan K" <bksowell@ncdot.gov>, "McSwain, Jacqueline" <jmcswain@ncdot.gov>, "Poe, Michael L"  <mlpoe@ncdot.gov>, "chris.tinklenberg@kimley‐horn.com" <chris.tinklenberg@kimley‐horn.com>  Subject: RE: [External] U‐6039 Draft NRTR  Tad,     Sorry it has taken so long to get back to you on this.  My only comment is regarding the biological  conclusion for the Northern Long Eared Bat.       Based upon guidance from the Asheville office U.S. Fish and Wildlife (USFWS) personnel, the biological  conclusion for Northern Long Eared Bat (NLEB) is a “may affect not likely to adversely affect” call for any  counties in Division 12.  This is due to the fact that these counties are located in the white nose  syndrome area, but since there is no known hibernacula nor roosting trees in Division 12,  the criteria for  the 4(d) rule has been met and any associated take is exempt.  I will complete and submit a USFWS NLEB  4(d) rule streamlined consultation form at later date.     Let me know if you have any questions.      Thank you       Trish Beam  Division 12 Environmental Supervisor     980 552 4218 office  pdbeam@ncdot.gov    PO Box 47  Shelby, NC 28151-0047     <image001.png>     From: Hardy, Tad [mailto:tad.hardy@kimley‐horn.com]   Sent: Tuesday, January 16, 2018 4:25 PM  To: Beam, Patricia <pdbeam@ncdot.gov>  Cc: Sowell, Bryan K <bksowell@ncdot.gov>; McSwain, Jacqueline <jmcswain@ncdot.gov>; Poe, Michael  L <mlpoe@ncdot.gov>; Tinklenberg, Chris <Chris.Tinklenberg@kimley‐horn.com>  Subject: [External] U‐6039 Draft NRTR     CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an  attachment to report.spam@nc.gov.    Trish,     2 We have completed the Draft U‐6039 NRTR and uploaded it to the Connect site for your review. The  document can be accessed using the link below.     https://connect.ncdot.gov/site/Preconstruction/division/div12/U‐6039/Natural%20Environment/U‐ 6039_Draft%20NRTR_Reduced.pdf     Please let me or Chris know if you have any questions or comments.     Thanks,  Tad      Tad Hardy, P.E. 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