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HomeMy WebLinkAbout20180196 Ver 1_401 Application_20190827ID#* 20180196 Select Reviewer:* Mac Haupt Initial Review 08/28/2019 Completed Date Mitigation Project Submittal - 8/27/201, - Version* 1 Is this a Prospectus, Technical Proposal or a New Site? * r Yes r Type of Mitigation Project:* PF Stream r Wetlands W Buffer r Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Email Address:* lin.xu@ncdenr.gov Project Information Existing 20180196 Existing 1 (DWR) (numbers only... no dash) Version: (nurrbersonly) ID#:* Project Type: F DMS r Mitigation Bank Project Name: Catfish Pond Mitigation Site County: Durham Document Information Mitigation Document Type:* Mitigation Plans File Upload: Final Plans Updated 7_25_19.pdf 29.44MB Catfish Pond_100039MP_2019.pdf 77.95MB DWR Catfish Pond Buffer Plan_Approval.pdf 337.82KB CatfishPond_100039_BufferMP_2019.pdf 18.02MB 02168 -Plans UT1 - Wetlands.pdf 737.35KB CatfishPond401 COffice.pdf 43.76KB CatfishPond401 FeeMemo.pdf 46.11 KB Catfish Pond PCN. pdf 2.14MB Rease upload only one RDF of the complete file that needs to be submitted... Print Name:* Lin Xu Signature: * ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director NORTH CAROLINA Environmental Quality August 27, 2019 Mac Haupt, Acting 401 & Buffer Permitting Unit Supervisor Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 - 1617 Re: Permit Application- Catfish Pond Mitigation Site Site Mitigation Project, Durham County (DMS Full Delivery Project) Dear Mr. Haupt: Attached for your review is 404/401 permit application package for the subject project. A memo for the permit application fee is also included in the package. All electronic files have been uploaded to NC DWR's file system. Please feel free to contact me with any questions regarding this plan (919-707-8319). Thank you very much for your assistance. Sincerely Lin Xu Attachment: 404/401 Permit Application Package Final Mitigation Plan Permit Application Fee Memo North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. )ones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director MEMORANDUM: TO: FROM: SUBJECT: DATE: NORTH CAROLINA Environmental Quality Debby Davis Lin Xu �x Payment of Permit Fee 401 Permit Application August 27, 2019 The Division of Mitigation Services (DMS) is implementing a mitigation project for Catfish Pond Mitigation Site Mitigation Project in Durham County (DMS IMS # 100039). The activities associated with this restoration project involve stream restoration related temporary stream and wetland impact. To conduct these activities, the DMS must submit a Pre -construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter I can be reached at 919-707-8319. Thanks for your assistance. cc: Karen Higgins, DWR North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 o`'c� w p r£9Q� Tb i 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 1 a. Type(s) of approval sought from the ®Section 404 Permit El Section 10 Permit Corps: 1 b. Specify Nationwide Permit (NWP) number: No. 27 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. 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 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes ® No ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ❑ Yes ® No of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h ❑ Yes ® No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Catfish Pond Mitigation Site 2b. County: Durham 2c. Nearest municipality/ town: Bahama 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state N/A project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 1. Sybil S. Penny 1. DB 11935; PG 278 3b. Deed Book and Page No. 2. DB 438; PG 490 3. DB 438; PG 589 3c. Responsible Party (for LLC if North Carolina Department of Environmental Quality (NCDEQ) applicable): Division of Mitigation Services (DMS) Contact: Lin Xu, Project Coordinator 217 West Jones Street, Suite 3000A 3d. Street address: 3e. City, state, zip: Raleigh, NC 27603 3f. Telephone no.: 919-707-8319 3g. Fax no.: lin.xu@ncdenr.gov 3h. Email address: Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: State agency 4b. Name: Lin Xu 4c. Business name (if applicable): NCDEQ - DMS 4d. Street address: 217 W Jones Street, Suite 3000A 4e. City, state, zip: Raleigh, NC 27603 4f. Telephone no.: 919-707-8319 4g. Fax no.: 4h. Email address: lin.xu@ncdenr.gov 5. Co-Applicant 5a. Name: Chris Roessler 5b. Business name (if applicable): Wildlands Engineering, Inc. 5c. Street address: 312 West Millbrook Road, Suite 225 5d. City, state, zip: Raleigh, NC 27609 5e. Telephone no.: 919-851-9986 x111 5f. Fax no.: 5g. Email address: croessler@wildlandseng.com Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0827-02-67-0407; 0827-02-58-9864; 0828-04-50-5560 1 b. Site coordinates (in decimal degrees): Latitude: 36.162562 Longitude: -79.910068 1 c. Property size: Final protected easement will be 20.65 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Mountain Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS -II; HQW; NSW 2c. River basin: Neuse 032020201 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: The Catfish Pond project is located within a rural watershed in Durham County. Land use in the vicinity of the project is primarily agriculture (pasture) and forest. Stream channels and riparian corridors are degraded as a result of active livestock grazing. 3b. List the total estimated acreage of all existing wetlands on the property: 3.983 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 7,111 linear feet 3d. Explain the purpose of the proposed project: The project proposes to restore, enhance, and preserve on site streams including Catfish Creek, Mountain Tributary, and unnamed tributaries. The project will generate stream mitigation units for the North Carolina Department of Environmental Quality Division of Mitigation Services. 3e. Describe the overall project in detail, including the type of equipment to be used: See mitigation plan for project details. Excavators will be used for channel and floodplain excavation as well as of bank grading, while articulated and track trucks will be used for hauling soil. Small equipment such as mini excavators and skid steers may also be used during grading activities. See the mitigation plan for additional design information. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes ®No F] Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Win Taylor Other: Wildlands Engineering, Inc. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for Yes ® No ❑ Unknown this project (including all prior phases) in the past? 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. Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ® Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non -404, other) (acres) Temporary W1 - Wetland M ®P❑T Excavation Headwater Forest ® Yes El No ® Corps ®DWQ 0.0086 W1 - Wetland M Floodplain Headwater Forest ® Yes ® Corps 0.0691 [-IP ® T Grading El No ® DWQ W2 - Wetland J Excavation Non -Tidal ® Yes ® Corps 0.0564 ® P ❑ T Freshwater Marsh ❑ No ® DWQ W3 - Wetland Y Floodplain Headwater Forest ® Yes ® Corps 0.0032 El ® T Grading ❑ No ® DWQ W4 - Wetland W Floodplain Headwater Forest ® Yes ® Corps 0.0156 ® P [_1T Grading El No ® DWQ W5 - Wetland D Temporary Headwater Forest ® Yes ® Corps 0.0046 ® P ❑ T Crossing ❑ No ® DWQ W6 - Wetland A Floodplain Headwater Forest ❑ Yes ® Corps 0.3357 ❑ P ® T Grading (Emergent) ® No ® DWQ W6- Wetland A Excavation Headwater Forest El Yes ® Corps 0.1327 ® P El (Emergent) ® No ® DWQ W7 - Wetland DD Ford Crossing Headwater Forest ® Yes ® Corps 0.0032 ❑ P ® T Decommission ❑ No ® DWQ 2g. Total wetland impacts 0.6291 2h. Comments: Wetlands within the work area will be flagged with safety fence during construction to prevent unintended impacts. 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. 3b. 3c. 3d. 3e. 3f. 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Aver8ge Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ® T Stabilization Catfish Creek ® PER ❑ INT ® Corps ® DWQ 3.3 52 S2 ❑ P ® T Stabilization Catfish Creek ® PER ❑ INT ® Corps ® DWQ 5.8 112 S3 ® P ❑ T Relocation Catfish Creek ® PER ❑ INT ® Corps ® DWQ 7.0 378 S4 ❑ P ® T Stabilization Catfish Creek ® PER ❑ INT ® Corps ® DWQ 9.4 72 S5 El ® T Stabilization Catfish Creek ® PER El INT ® Corps ®DWQ g.4 51 Page 4 of 12 PCN Form -Version 1.3 December 10, 2008 Version S6 ®P ❑ T Relocation Catfish Creek ® PER ❑ INT ® Corps ® DWQ 10.9 99 S7 ® P [--IT Relocation Catfish Creek ® PER ❑ INT ® Corps ® DWQ 7.5 97 S8 ❑ P ®T Stabilization Catfish Creek ® PER ❑ INT ® Corps ® DWQ 7.5 35 S9 ❑ P ®T Stabilization Catfish Creek ® PER ❑ INT ® Corps ® DWQ 7.9 122 S10 ❑ P ® T Stabilization Catfish Creek ® PER ❑ INT ® Corps ® DWQ 7.9 88 S11 ❑ P ®T Stabilization Catfish Creek ® PER ❑ INT ® Corps ® DWQ 7.9 69 S12 []PET Stabilization UTI ® PER ❑ INT ® Corps ® DWQ 7 134 S13 ❑ PET Stabilization UT1 ® PER ❑ INT ® Corps ® DWQ 7 300 S14 ® P [:IT Relocation UT1 ® PER ❑ INT ® Corps ® DWQ 16.7 444 S15 ® P [:IT Relocation UT1 ® PER ❑ INT ® Corps ® DWQ 7.1 168 S16 ❑ P ®T Stabilization UT2 ❑ PER ® INT ® Corps ® DWQ 4.6 28 S17 ❑ P ® T Stabilization Mountain Trib ❑ PER ® INT ® Corps ® DWQ 7.5 27 S18 ❑ P ®T Stabilization Mountain Trib ❑ PER ® INT ® Corps ® DWQ 7.5 411 S19 ❑ P ® T Stabilization Mountain Trib ❑ PER ® INT ® Corps ® DWQ 7.5 13 3h. Total stream and tributary impacts 2,700 3i. Comments: Stream names per Figure 3 Site Map in PJD. 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. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Tem ora 01 ®P ❑ T Catfish Pond Dam Breach - Dewatering Pond 0.597 4f. Total open water impacts 0.597 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres). number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total Page 5 of 12 5g. Comments: 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: 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. ® Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) or impact Stream name mitigation (square feet) (square feet) Tem ora T required? 131 ❑P❑T EJ Yes ❑ No B2 ❑ PEI T El Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 12 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Stream enhancement and restoration will involve the relocation and stabilization of impaired aquatic resources. The work will involve the use of natural channel design and have an overall positive impact. Stream impacts will be avoided and minimized to project reaches that exhibit less instability and incision. These reaches are generally proposed for enhancement will primarily involve riparian buffer improvement, cattle exclusion, and localized bank stabilization. Stream alignments for restoration reaches were designed to avoid existing wetland as much as possible and avoid grading impacts. Unavoidable impacts to wetlands are due to floodplain grading. The project will likely result in a net increase in wetland area as a result of raising stream beds and local water tables. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Restoration will involve construction of offline channel sections which will minimize sedimentation to aquatic systems during construction. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting and seeded and planted with native riparian species. Temporary construction crossings will be minimized. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. 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 El 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 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: 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: 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. Page 7 of 12 PCN Form —Version 1.3 December 10, 2008 Version 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 8 of 12 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The planted, protected floodplain will serve to diffuse overland flow, and ❑ Yes ❑ No no increase in impervious area will result from the project. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The percent imperviousness of the project will not be altered as no impervious surfaces will be added to the area. The project involves the restoration, enhancement, and preservation of on-site jurisdictional streams. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 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 9 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 ® Yes ❑ No use of public (federal/state) land? 1 b. 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 ® Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. 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 ® Yes ❑ No letter.) Comments: The approved Categorical Exclusion is included Appendix. 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, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 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 ❑ Yes ® No additional development, which could impact nearby downstream water quality? 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. This is a stream mitigation project that will not cause an increase in development nor will it negatively impact downstream water quality. The project area will be protected in perpetuity from future development through a conservation easement. 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. No wastewater will be generated from the project Page 10 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 ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? 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? Utilized the U.S. Fish and Wildlife Service (USFWS) database in order to identify federally listed Threatened and Endangered plant and animal species for Durham County, NC. Endangered species include the smooth coneflower (Echinacea laevigata) and Michauxs sumac (Rhus michauxii). A pedestrian survey was conducted on February 9, 2018 which indicated the site provides suitable habitat for the smooth coneflower and Michauxs sumac but no species were identified on the site. Therefore, due to the absence of the listed species on the site, the project has been determined by Wildlands to have "no effect" on the smooth coneflower and Michauxs sumac. Review and comment from the USFWS was requested on February 9, 2018 as part of the Categorical Exclusion for the Catfish Pond Mitigation Site and its potential impacts on threatened or endangered species. USFWS responded on March 2, 2018 stating "that the proposed action is not likely to adversely affect any federally-listed endangered or threatened species." All documents submitted to the USFWS are included in the Appendix. 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? Wildlands requested comment on the project from both the USFWS and the NCWRC on February 9, 2018. NCWRC responded on March 21, 2018 with comments about the possible presence of rare and aquatic species in the project area. There are records for the federal species of concern and state-endangered yellow lampmussel (Lampsilis cariosa) near the project site. There are also historic records for the federal species of concern and state-significantly rare, Roanoke bass (Ambloplites cavifrons) and federal species of concern and state -special concern, Neuse River waterdog (Necturus lewisi) in the project vicinity. A pedestrian survey conducted by Wildlands on April 13, 2018, indicated that the Site provides suitable habitat for the yellow lampmussel and Roanoke bass, but not the Neuse River waterdog. No species were identified on the site. Per the request of NCWRC, communication with Dr. Tyler Black, NCWRC Eastern Region Aquatic Wildlife Diversity Research Coordinator, has been established regarding the stream restoration project. USFWS responded on March 2, 2018 and had no objections to the project. All correspondence with the two agencies is included in the Appendix. 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The Historic Preservation Office (SHPO) were contacted for comment with respect to any archeological and architectural resources related to the Catfish Pond Mitigation Site on February 9, 2018. SHPO responded on March 5, 2018 and stated they were aware of "no historic resources which would be affected by the project' and would have no further comment. All correspondence is included in the Appendix. Page 11 of 12 8. Flood Zone Designation (Corps Requirement) Be. Will this project occur in a FEMA -designated 100 -year floodplain? ®Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Portions of the project area are located in a FEMA Zone AE Special Flood Hazard Area (SFHA) which is a regulatory floodplain associated with Mountain Creek. None of the project streams are mapped under the regulatory authority of FEMA. The stream, wetland, and floodplain grading within the regulatory floodplain of Mountain Creek will be designed to achieve a no -rise condition and a floodplain Impact permit application has been submitted to the Durham County floodplain administrator. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood insurance Rate Map (FIRM) Panel 0827 for Durham County, NC (map revised 10/1912018). Applicant/Agent's Printed Name � c� V �/�'7/� pate Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant Is rovided.)9 Co -Applicant's Printed Name zz�__ 9/Z 711 Date Co-Applicant'Co-Applicand Signature Page 12 of 12 yY+ ►'� Sib 517 �• ! 1 '� 8- 6 - • >� S16 ZS2 r S5 S' W1 WZ I _ S1 C4� fsh CrP f _ S4 j Y f 2013.Aetml P1iatogrdphy i_ R ff 5�1 W4 Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1.4 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Fart 1: Ueneral Project Information Pro ect ame: I afth Pond Ufteow ske Com N I oudwn co" Number: 10oa19 ro ecSponsor: VVIdlu da EngbiWng, Inc. ro ect ontact Name: Cm*n Lanm ro a onteC reSS: 312 W. ru Mmok Sub 225. fteo, No 2M9 ro ect on a E-mail: clermeGwilftMUwM=M E Lo ect an8 er: delfSchaffer Project Description Cetfhtlt Pond Wation site Is e stream mproject located approArnately 12 miles north of the i qr of Durham and approximately 3 miles east of the Orange/Durham Ivounty border. The project includes Catfish Greek, three unnamed tributaries and the removal of an Impoundment for a total of 7.383 linear feet of stream. Agriculture, specifically livestock, has been the main use of the land. The project will provide stream mitigation units to the Division of Mifjgetion Services in the Neuss River Basin 03020201). 6 Version 1.4, 8/98/05 Coastal Zone Manaqement Act (CZMA) 1. Is the project located in a CAMA county? ❑ Yes Historic Places in the ro'ect area? ❑✓ No 2. Does the project involve ground -disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ❑✓ N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ❑✓ N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ❑✓ N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA ✓ Yes 1. Is this a "full -delivery" project? 0 Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been Yes designated as commercial or industrial? ❑✓ No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential Yes hazardous waste sites within or adjacent to the project area? ❑ No * what the fair market value is believed to be? ❑✓ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ❑✓ N,/A 5. As a result of a Phase II Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ❑✓ N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes _J ❑ No ✓❑ N/A I National Historic Preservation Act (Section 1061 1 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the ro'ect area? ❑✓ No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ❑✓ N/A 3. If the effects are adverse, have they been resolved? Yes ❑ No ❑✓ N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full -delivery" project? ✓ Yes ❑ No 2. Does the project require the acquisition of real estate? ✓ Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ❑✓ No ❑ N/A 4. Has the owner of the property been informed: ❑✓ Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A Version 1.4, 8/18/05 Part 3: Ground-Disturbing Activities Response American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ❑ Yes Cherokee Indians? 0 No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ❑✓ N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ✓❑ N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No 0 N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes 0 No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No 0 N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No 0 N/A 4. Has a permit been obtained? ❑ Yes ❑ No 0 N/A Archaeological Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ❑✓ No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ❑✓ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ❑✓ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ❑✓ N/A Endanciered Species Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ✓ Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑✓ Yes ❑ No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? [Z] No ❑ N/A 4. Is the project "likely to adversely affect' the species and/or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No 0 N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes ❑ No ❑✓ N/A 6. Has the USFWS/NOAH-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ❑✓ N/A Version 1.4, 8/18/05 Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" El Yes by the EBCI? ❑✓ No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed Yes project? ❑ No ❑✓ N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred D Yes sites? ❑ No ✓ N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? ✓ Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally ❑✓ Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? ❑✓ Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ✓ Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ❑✓ Yes ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 1. Will the project require the conversion of such property to a use other than public, El Yes outdoor recreation? ❑✓ No 2. Has the NPS approved of the conversion? El Yes ❑ No ✓ N/A Ma nusonStevens Fishery Conservation and Mana ement Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes Q No 2. Is suitable habitat present for EFH-protected species? 0 Yes ❑ No ❑✓ N/A 3. Is sufficient design information available to make a determination of the effect of the Yes project on EFH? ❑ No 0 N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ✓❑ N/A 5. Has consultation with NOAA-Fisheries occurred? Yes ❑ No ❑✓ N/A Miaratory Bird Treaty Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ❑✓ No 2. Have the USFWS recommendations been incorporated? El Yes ❑ No ❑✓ N/A Wilderness Act 1. Is the project in a Wilderness area? El Yes ❑✓ No 2. Has a special use permit and/or easement been obtained from the maintaining Yes federal agency? ❑ No ❑ N/A Version 1.4, 8/18/05 W WZLDLANDS ENGINEERING February 9, 2018 Emily Wells US Fish and Wildlife Service P.O. Box 33726 Raleigh, North Carolina 27636-3726 Subject: Catfish Pond Mitigation Site Durham County, North Carolina Dear Ms. Wells, Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect to endangered species, migratory birds, or other trust resources associated with the proposed Catfish Pond Mitigation Site. A USGS Topographic Map and an Overview Site Map showing the approximate project area are enclosed. The topographic figure was prepared from the Rougemont, NC USGS 7.5 -minute topographic quadrangle. The Catfish Pond Mitigation Site is being developed to provide in-kind mitigation for unavoidable stream channel impacts. Several sections of channel have been identified as significantly degraded. The project will include stream restoration on Catfish Creek and several unnamed tributaries all which drain to Mountain Creek and the removal of Catfish Pond. The site has historically been disturbed due to livestock use. Based on a review of historical aerials, Catfish Pond was installed sometime between 1940 and 1955. According to your website (https://www.fws.gov/raleigh/species/cntylist/durham.html) the threatened or endangered species for Durham County are: the Michaux's sumac (Rhus michauxii) and the smooth coneflower (Echinacea laevigata). If we have not heard from you in 30 days, we will assume that you do not have any comments regarding associated laws and that you do not have any information relevant to this project at the current time. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning this project. Sincerely, ctat(r ft', ^�C�ru'z.• Carolyn Lanza Environmental Scientist Attachment - Figure 1 Site Map Figure 2 USGS Topographic Map Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 e"t p ry United States Department of the Interior N a FISH AND WILDLIFE SERVICE - Raleigh ES Field Office Post Office Box 33726 GH 3 Raleigh, North Carolina 27636-3726 March 2, 2018 Carolyn Lanza Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 C'lharlotte. 'NC28203 . Re: Catfish Pond Mitigation Site — Durham County, NC Dear Ms. Lanza: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical habitat may be affected by a proposed project. For firture projects, please visit the Raleigh Field Office's project planning website at https://w-vvw.fws.gov/raleigh/pp.html. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information. Planning, and Consultation System (IPaC) website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at https://ecos.fws.goy/ipac/. The INC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern" that are known to occur in each county in North Carolina, and other resources. Section 7 of the Act requires that all federalagencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Sen=ice is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or The term "federal species of concern" refers to those species which the Service believes miJtt be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recomtnend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. evaluation and can be found on our web page at bttp://www,f)vs.govilraleigh. Please check the web site often for updated information or changes. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that suiveys be conducted to determine the species" presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you detennine that the proposed action may. affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.goy/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. evaluation and can be found on our web page at http://w-ww.fws.gov/raleigli. Please check the web site often for updated information or changes. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, then formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was .not considered in this review; or, (3).a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources; Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. 2 We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists, if you have any questions or comments, please contact Emily Wells of this office at (919) 856-4520 ext. 25. Sincerely, &-9� Pete enj in Field. Supervisor 3 ON W WILDLANDS ENGINEERING February 9, 2018 Shannon Deaton North Carolina Wildlife Resource Commission Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699 Subject: Catfish Pond Mitigation Site Durham County, North Carolina Dear Ms. Deaton, Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect to fish and wildlife issues associated with the proposed Catfish Pond Mitigation Site. A USGS Topographic Map and an Overview Site Map showing the approximate project area are enclosed. The topographic figure was prepared from the Rougemont, NC USGS 7.5 -minute topographic quadrangle. The Catfish Pond Mitigation Site is being developed to provide in-kind mitigation for unavoidable stream channel impacts. Several sections of channel have been identified as significantly degraded. The project will include stream restoration on Catfish Creek and several unnamed tributaries all which drain to Mountain Creek and the removal of Catfish Pond. The site has historically been disturbed due to livestock use. Based on a review of historical aerials, Catfish Pond was installed sometime between 1940 and 1955. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning this project. Sincerely, Carolyn Lanza Environmental Scientist Attachment: Figure 1 Site Map Figure 2 USGS Topographic Map a. Wildlands Engineering, Inc. (P) 704.332.7754 o 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 North Carolina Wildlife Resources Commission Gordon Myers, Executive Director March 21, 2018 Ms. Carolyn Lanza Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Subject: Request for Environmental Information for the Catfish Pond Mitigation Project, Durham County, North Carolina. Dear Ms. Lanza, Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the proposed project description. Comments are provided in accordance with certain provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.). Wildlands Engineering, Inc. has developed the Catfish Pond Mitigation Project to provide in-kind mitigation for unavoidable stream channel impacts. Several sections of channels have been identified as significantly degraded. In addition to the removal of Catfish Pond, this project will include stream restoration of Catfish Creek and several unnamed tributaries to Mountain Creek. There are records for the federal species of concern and state -endangered, yellow lampmussel (Lampsilis cariosa) near the project site. There are also historic records for the federal species of concern and state -significantly rare, Roanoke bass (Ambloplites cavifrons) and federal species of concern and state -special concern, Neuse River Waterdog (Necturus lewisi) in the project vicinity. The Natural Heritage Natural Area — Little River Gorge — is located along the Little River. The project area is located west of Roxboro Road, north of Patrick Road, north of Durham. Stream restoration projects often improve water quality and aquatic habitat. Establishing native, forested buffers in riparian areas will help protect water quality, improve aquatic and terrestrial habitats and provide a travel corridor for wildlife species. Due to the possible presence of rare aquatic species in the project area, all work should be coordinated with Dr. Tyler Black, NCWRC Eastern Region Aquatic Wildlife Diversity Research Coordinator (tyler.black(t—Lncwildlife.org, 336-290-0054), prior to project commencement. The NCWRC recommends the use of biodegradable and wildlife -friendly sediment and erosion control devices. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing and similar products that have been reinforced with plastic or metal mesh should be avoided as they impede Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 March 21, 2018 Scoping — Catfish Pond Mitigation Project the movement of terrestrial wildlife species. Excessive silt and sediment loads can have detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs and clogging of gills. Any invasive plant species that are found onsite should be removed. Thank you for the opportunity to review and comment on this project. If I can be of further assistance, please contact me at (910) 409-7350 or gabricia.garrisonancwildlife.org. Sincerely, Gabriela Garrison Eastern Piedmont Habitat Conservation Coordinator Habitat Conservation Program ec: Tyler Black, NCWRC From: Carolyn Lanza To: "tyler.black a5ncwildlife.ora" Subject: Catfish Pond Mitigation Project Date: . Friday, April 6, 2018 1:12:00 PM Attachments: NCWRC Scooina Catfish Pond Mitigation Project Durham County ndf Hello Dr. Black, I am reaching out to you in regards to potential rare, aquatic species on site at Catfish Pond Stream Mitigation Project in Durham County. There are records for federal species of concern and state - endangered, yellow lampmussel (Lampsilis cariosa) near the project site. There are also historic records for the federal species of concern and state -significantly rare, Roanoke bass (Ambloplites cavifrons) and federal species of concern and state -special concern, Neuse River Waterdog (Necturus lewisi) in the project vicinity. How would you like to be involved in the project going forward? Thank you, Carolyn Lanza I Environmentol Scientist 0:919.851.9986 x113 M: 313.969.7318 Wildlands Engineering. Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 From: Garrison, Gabriela <gabriela.garrison@ncwildlife.org> Sent: Wednesday, March 21, 2018 9:39 PM To: Carolyn Lanza <clanza@wildlandseng.com> Cc: Black, Tyler R <tyler.black@ncwildlife.org> Subject: WRC Comments for 2 Mitigation Projects Hello Ms. Lanza, I have attached comments for two mitigation projects — Sassarixa Swamp and Catfish Pond in Johnston and Durham Counties, respectively. Of particular note, please contact Dr. Tyler Black (NCWRC) in reference to the Catfish Pond Mitigation Project due to the potential presence of rare, aquatic species onsite. Let me know if you have any questions. Thank you, Gabriela Gabriela Garrison Eastern Piedmont Habitat Conservation Coordinator NC Wildlife Resources Commission Sandhills Depot, P.O. Box 149 Hoffman, NC 28347 Office and Cell: 910-409-7350 gabriela.garrison( ncwildlife.org www.ncwildlife.ore ©m®® Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. WILDLANDS ENGINEERING February 9, 2018 Renee Gledhill -Earley State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Subject: Catfish Pond Mitigation Site Durham County, North Carolina Dear Ms. Gledhill -Earley, Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with the Catfish Pond Mitigation Site. A Site Map and USGS Topographic Map with approximate project areas are enclosed. The topographic figure was prepared from the Rougemont, NC USGS 7.5 -minute topographic quadrangle. The Catfish Pond Mitigation Site is being developed to provide in-kind mitigation for unavoidable stream channel impacts. Several sections of channel have been identified as significantly degraded. The project will include stream restoration on Catfish Creek and several unnamed tributaries all which drain to Mountain Creek and the removal of Catfish Pond. The site has historically been disturbed due to livestock use. Based on a review of historical aerials, Catfish Pond was installed sometime between 1940 and 1955. There are no existing structures within the project area. Furthermore, no archeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. We ask that you review this site based on the attached information to determine the presence of any historic properties. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the project. Sincerely, ID f Carolyn Lanza Environmental Scientist Attachment: Figure 1 Site Map Figure 2 USGS Topographic Map Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 oaw North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton March 5, 2018 Carolyn Lanza Wildlands Engineering 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Re: Catfish Pond Mitigation Site, Durham County, ER 18-0328 Dear Ms. Lanza: Thank you for your letter of February 9, 2018, concerning the above project. Office of Archives and History Deputy Secretary Kevin Cherry We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review(@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 FLOOD HAZARD INFORMATION NOTES TO USERS SCALE THEINFORMATON OEPICFED ON THIS MAP AND SUPPORTING DOCUMENTATION ARE ALSOAVAIMLE IN DIGITAL FORAtATAT HTTP)/FRIS.NC.GOV/FRIS -WN W et gem Rand DemUau (E FE) WRAPFEar Dephlwe AEAD. .,AR 9PECNLFI000 � Repilemv FlNNdweE NA7iWpAPEk4 OT%Annuell dunm Fkod He AA,— d MAnnual Chane Fkad wRh Amnp Gepth ILmTh nO FadRhRdWDrduge ArnsdkulMnOmSmue Nm zwwx FwmDaMMom 1%An and ORGPANFASOF ClnnmFlmdNuud— ROODRATARD Ane with Reduced Fund Rkh due to levee Sa hetes rows Ann Dakr,N oed to ha Ouklde tl W ARM 03%memICNuNaFlmulD.I. wu Chnnd, Cumm ar Smm Sewer Awmksd m Pmrklpmly AenM reed OFRERAL IemFloodweP SIRIICN0.E8 Nm-ocmr*dumedNMTavn. 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Fad AbMn �Yo�iva�rnw�r taeoewwmr .mmw vwrsrner 0 T5 150 DDD UreRdNade.NeW—Adie (UMWA) o Weealxate �.srrwaw�.+rr.Y, mwwsmMn.rrMa4 �w.r.Yia sw..wrmmre s+.sr m.bu..rn++rruWrirrrruanwWln ®CBPSArn c.mw � OMeldw Plt,WArm VFAPIONWIAeIEP 2332 MA82700K S'/20092700N WIR"2 Od .19,2019 TRI CAROLINA FLOODPLAIN NAPPRIG PROGRAM -. r:mxunaoDlrauRAxcETNroauM �F :::OD INSURMILE RALE NIAP NORTH CAROLINA —0827 CD 87 N C O _O LL C O VFAPIONWIAeIEP 2332 MA82700K S'/20092700N WIR"2 Od .19,2019 ROY COOPER Governor MICHAEL S.REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality August 19, 2019 Division of Mitigation Services Attn: Jeff Schaffer 1652 MSC Raleigh, NC 27699-1652 (via electronic mail: jelfschafferna,ncdenr.gov) Re: Catfish Pond Mitigation Plan Approval Dear Mr. Schaffer, The Division of Water Resources (DWR) received a draft Mitigation Plan from the Division of Mitigation Services (DMS) for the Catfish Pond site (Site) in 2019, for review and approval under 15A NCAC 02B .0295 and 15A NCAC 02B .0240 to be used as either a buffer mitigation project or a nutrient offset project. DWR reviewed the Mitigation Plan and provided comments and recommendations. DMS submitted a revised Mitigation Plan that addressed all comments and recommendations provided by DWR. The table below summarizes the timeline of the Mitigation Plan: Project Site DWR Project Initial Mitigation Revised Mitigation Location/HUC Name ID # Plan Plan Received Received(Final Draft Catfish Pond 2018-0196vl May 8, 2019 August 14, 2019 03020201 Falls Lake WS By copy of this letter, the subject mitigation plan is approved. A copy of the final draft can be found online at: https://edocs.deg.ne.gov/WaterResources/O/doe/952596/Pagel.asox Please feel free to call (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, l� l 1 XJVVWI atie Merritt 401 & Buffer Permitting Branch KAH/km cc: DWR File Copy (Katie Merritt) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 2 769 9-1617