Loading...
HomeMy WebLinkAbout20191147 Ver 1_PCN Form Submission_20190826DR 02*10n of Water R"Ourc" Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned * Version#* 20191147 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Fayetteville Regional Office - (910) 433-3300 Chad Turlington:eads\ccturlington Information for Initial Review 1a. Name of project: Heritage Place Bank Stabilization 1a. Who is the Primary Contact?* Rob Burgess 1 b. Primary Contact Email:* rob. bu rgess@bridgeig.com Date Submitted 8/26/2019 Nearest Body of Water Cross Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: 35.054552 A. Processing Information County (or Counties) where the project is located: Cumberland Is this project a public transportation project?* r Yes r No Longitude: -78.874713 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) 1c. Primary Contact Phone:* (407)999-2400 1c. Has the NWP or GP number been verified by the Corps? r' Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: P 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 13 - Bank Stabilization F 401 Water Quality Certification - E)press F Riparian Buffer Authorization 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- Yes r No 19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r• Yes r- No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? Q Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? C Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Fayetteville NC Senior Property LLC 2b. Deed book and page no.: 00950087 2c. Responsible party: Rob Burgess 2d. Address Street Address 1000 Legion Place suite 1600 Address Line 2 City State / Rwince I Fbgion Orlando FL Postal / Zip Code Country 32801 United States 2e. Telephone Number: 2f. Fax Number: (407)999-2400 2g. Email Address:* rob.burgess@bridgeig.com C. Project Information and Prior Project History 1. Project Information r- Yes r No r- Yes r No 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Fayetteville 2. Project Identification 2a. Property Identification Number: 0437-74-6728, 0437-74-3752,0437-75-4010 2c. Project Address Street Address 325 Cool Spring St, 240 Ann St, 0 Ann St Address Line 2 City Fayetteville Rstal / Zip Cade 28301 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Cross Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12 -digit HUC in which the project is located. 030300040704 4. Project Description and History 2b. Property size: 4.98 State / Ravine / fiaglon North Carolina Country United States 4a. 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 site is an existing elderly care residential facility occupying both banks of Cross Creek as well as two pedestrian bridges connecting the buildings on either side. The land use in the surrounding area is urban, consisting of a mix of commercial, residential and institutional development. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Heritage Place_USGS Map.pdf 490.91 KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Heritage Place_NRCS Map.pdf 706.4KB 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 578 4h. Explain the purpose of the proposed project:* The Cross Creek watershed is largely urban and land use is highly impervious. Because of its urbanized watershed, Cross Creek experiences high volume and velocity flows as a result of precipitation events, accelerating erosion along its banks. The property in question has buildings directly adjacent to Cross Creek as well as pedestrian access walkways across the stream connecting the buildings. The banks of the creek adjacent to the buildings are severely eroded (please see photos in the USFWS request letter 10/4/18 attached) and continuing to migrate toward the building foundation. In recent storms in 2019, evacuation of the residents was deemed necessary. The proposed design is stabilization of the banks with riprap and geotextile in order to prevent further bank migration and damage to the buildings. The owner is hoping to begin construction as early in the hurricane season as possible to avoid further evacuation and safety risks. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will entail laying back existing slopes where practical and placement of appropriately sized rip rap (Class I and II) on filter fabric along the slopes of the stream, primarily above the ordinary high water mark. Below an existing overhang, a soil nail wall will be used due to limited access. Rip rap will be required below OHWM to tie in the slopes and prevent undermining of the protection measures during storm events. In order to work in the dry, an impervious barrier will be installed and the ends rotated to allowwork on the left and right bank sequentially per the attached plans. 4j. Please upload project drawings for the proposed project. 325 cool springs road_COE PERMIT.pdf 1.58MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: Project site was evaluated by Carolina Ecosystems - no wetlands or tributaries on the property. 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r WA Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Phil May Agency/Consultant Company: Carolina Ecosystems, Inc. Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r- Wetlands FJ Streams -tributaries r- Buffers r- Open Waters F Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* Access & stabilization Tem ora Bank Stabilization Cross Creek Perennial Both 15 385 p ry Average (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet 0 31. Total permanent stream impacts: 31. Total temporary stream impacts: 0 385 31. Total stream and ditch impacts: 385 3j. Comments: Temporary impacts include bank stabilization below OHWM and construction access as shown on attached plans. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: No permanent impacts to surface waters is proposed. The location and extent of erosion has prevented the use of natural stabilization measures. Approximately 1 cubic foot of rip rap per running foot on either side of the stream will be placed belowthe OHWM, estimated based on vegetation line apprommately 4 ft deep. This may be an overestimate as severe erosion has made OHWM determination more complex 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impervious barrier usage will allowwork in the dry and limit sedimentation as a result of the project. Erosion control measures are being reviewed and approved by NC Division of Energy, Minerals, and Land Resources. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Only temporary impacts are proposed. No permanent loss of Waters of the US or State will result from the project. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent toprotected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: This section of the Cape Fear River basin does not have state riparian buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: No impervious surface is proposed as part of the project. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* f Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* f Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. No new development is proposed - the purpose of the project is to protect ebsting structures. Downstream water quality would likely improve as the project would result in less erosion than is currently occurring. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r IIA 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? r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No What Federal Agency is involved? FEMA 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No r Unknown 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Direct coordination with USFWS in order to comply with FEMA regulations. USFWS letter is attached. A small pedestrian walkway structure will be removed during construction but does not provide bat habitat. Consultation Documentation Upload HeritagePlace_TE_100418.pdf 3.83MB 20181128_CarolinaEcosystems_EllistoMay_LTRSNT_HeritagePlaceBankStabilization.pdf 263.92KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* EFH Mapper 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HPO Website. The site is located just outside the Downtown Fayetteville Historic District and Cross Creek within the site forms the boundary of the Local Historic District. No permanent structure will result from this project that would be visible from the National Register Historic District as the banks of the stream are between the eAsting buildings and below surrounding grades. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: A Conditional Letter of Map Revision has been approved for this project. 8c. What source(s) did you use to make the floodplain determination?* NC Flood Mapping Program. Miscellaneous Comments Any e)pediency in issuing the approvals for this project would be appreciated as the current conditions threaten the structure and residents of the senior center. Miscellaneous attachments not previously requested. Signature fJ By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Robert L Burgess Signature �,r� ire c -WV Date 8/15/2019 Cross Creek August 2019 USGS Map Heritage Place Fayetteville Cumberland County, NC 0 500250 Feet³ 2017 NC Statewide Aerial Photography Study Area August 2019 NRCS Map Heritage Place Fayetteville Cumberland County, NC 0 1,000500 Feet³ NRCS Maps 11 & 12 Cumberland County, NC Study Area (TO BE DESIGNED BY OTHERS) SOIL NAIL WALL (SEE X-SECTIONS) CLASS II RIP RAP (SEE X-SECTIONS) CLASS II RIP RAP (SEE X-SECTIONS) CLASS II RIP RAP 11462115521168811597NC GRIDNAD 83 NA 2011AS NEEDED REMOVE/REPLACE 1174711501113681140611650GRAPHIC SCALE 0’30’60’90’30’ SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER 7/9/2019...\325 cool springs road_COE PERMIT.dgnUSER:JLindseyUNLESS ALL SIGNATURES COMPLETED DOCUMENT NOT CONSIDERED FINAL8/17/99REVISIONS Fax: 919 851 8107 Bus: 919 851 8077 License No. F-0377 Raleigh, N.C. 27606 1223 Jones Franklin Rd. CIVIL/SITE DESIGN - GIS/GPS - CONSTRUCTION OBSERVATION TRANSPORTATION PLANNING/DESIGN - BRIDGE/STRUCTURE DESIGN ENGINEERING ETHERILL FAYETTEVILLE NC 325 COOL SPRING STREET HERITAGE PLACE BANK STABILIZATION DATUM DESCRIPTION IS BASED ON THE STATE PLANE COORDINATES ESTABLISHED BY VERTICAL DATUM USED IS NAVD 88 THE COORDINATE SYSTEM DEVELOPED FOR THIS PROJECT WITH NAD 1983/2011 STATE PLANE GRID COORDINATES OF NORTHING: 474624.608(ft) EASTING: 2037176.665(ft) WETHERILL ENGINEERING FOR MONUMENT "GPS-1" GROUND DISTANCES IN FIELD WERE USED GPS-1 ELEVATION = 88.53’ PEDESTRIAN BRIDGE REMOVE LOWER INCOMPLETE PLANS DO NOT USE FOR CONSTRUCTION PAVE AS NEEDED REPLACE CURB and GUTTER RETAIN EXISTING DETENTION BASIN AS NEEDED REMOVE/REPLACE REPLACE FENCE REPLACE FENCE S 8918’22" W98.43’N 8926’16" E248.93’S 2047’52" W6 4.47’S 2958’46" E231.95’N 7212’59" W143.86’S 4602’41" W 61.94’ S 12 3 3 ’3 0 " W 6 0 .14 ’17.82’S 8954’21" W197.27’N 0226’31" W59.92’45.36’EIPEIPEIPEIPE IPEIPEI PINV=70.36’INV OUT=77.93’INV IN=78.27’INV IN=82.52’INV OUT=82.04’INV IN=83.43’INV OUT=83.42’TOP=88.33’TOP=87.92’TOP=83.53’DIDICBCONCFOOTBRIDGE (LOWER)18" RCP15" RCP15" RCPOVER HANG (UPPER)FOOTBRIDGEFOOTBRIDGEINV=81.42’INV=79.91’12" RCPCONCPARKING LOTPAVED6’ VINYL FENCE6S BRK APT2S BRK APTSEAT=93.35’SEAT=93.29’SEAT=93.49’SEAT=93.50’ANN ST. BRI DGECROSS CREEKWOODSWOODSWOODSEXISTING R/W OF ANN ST EXISTING R/W OF N. COOL SPRINGS ST.SEAT=82.62’SEAT=82.79’SEAT=82.91’SEAT=82.47’SEAT=89.59’SEAT=89.42’SEAT=83.61’SEAT=83.62’FENCE6’ MTL6’ MT L F E NCE 6’ MTL F ENCETS TS IMPACTS IN SURFACE WATER DENOTES TEMPORARY SURFACE WATER = 0.22 ACRES TEMPORARY IMPACTS IN C C C C C C C C C C S 8918’22" W98.43’N 8926’16" E248.93’S 2047’52" W6 4.47’S 2958’46" E231.95’N 7212’59" W143.86’S 4602’41" W 61.94’ S 12 3 3 ’3 0 " W 6 0 .14 ’17.82’S 8954’21" W197.27’N 0226’31" W59.92’45.36’EIPEIPEIPEIPE IPEIPEI PINV=70.36’INV OUT=77.93’INV IN=78.27’INV IN=82.52’INV OUT=82.04’INV IN=83.43’INV OUT=83.42’TOP=88.33’TOP=87.92’TOP=83.53’DIDICBCONCFOOTBRIDGE (LOWER)18" RCP15" RCP15" RCPOVER HANG (UPPER)FOOTBRIDGEFOOTBRIDGEINV=81.42’INV=79.91’12" RCPCONCPARKING LOTPAVED6’ VINYL FENCE6S BRK APT2S BRK APTSEAT=93.35’SEAT=93.29’SEAT=93.49’SEAT=93.50’ANN ST. BRI DGECROSS CREEKWOODSWOODSWOODSEXISTING R/W OF ANN ST EXISTING R/W OF N. COOL SPRINGS ST.SEAT=82.62’SEAT=82.79’SEAT=82.91’SEAT=82.47’SEAT=89.59’SEAT=89.42’SEAT=83.61’SEAT=83.62’FENCE6’ MTL6’ MT L F E NCE 6’ MTL F ENCE6 0 60 6060606060606 5 6 5 656565 656565656565707070 70707070707075 7575 7575757575757575808 0 808080808080808085 85 85 8585858585858590909090 909090TS TS IMPACTS IN SURFACE WATER DENOTES TEMPORARY SURFACE WATER = 0.22 ACRES TEMPORARY IMPACTS IN (TO BE DESIGNED BY OTHERS) SOIL NAIL WALL (SEE X-SECTIONS) CLASS II RIP RAP (SEE X-SECTIONS) CLASS II RIP RAP (SEE X-SECTIONS) CLASS II RIP RAP 11462115521168811597C C C C C C C C C C NC GRIDNAD 83 NA 2011AS NEEDED REMOVE/REPLACE 1174711501113681140611650GPS-1GPS-2GRAPHIC SCALE 0’30’60’90’30’ SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER 7/9/2019...\325 cool springs PLAN_CROSS SECTION_hyd_drn.dgnUSER:JLindseyUNLESS ALL SIGNATURES COMPLETED DOCUMENT NOT CONSIDERED FINAL8/17/99REVISIONS Fax: 919 851 8107 Bus: 919 851 8077 License No. F-0377 Raleigh, N.C. 27606 1223 Jones Franklin Rd. CIVIL/SITE DESIGN - GIS/GPS - CONSTRUCTION OBSERVATION TRANSPORTATION PLANNING/DESIGN - BRIDGE/STRUCTURE DESIGN ENGINEERING ETHERILL FAYETTEVILLE NC 325 COOL SPRING STREET HERITAGE PLACE BANK STABILIZATION DATUM DESCRIPTION IS BASED ON THE STATE PLANE COORDINATES ESTABLISHED BY VERTICAL DATUM USED IS NAVD 88 THE COORDINATE SYSTEM DEVELOPED FOR THIS PROJECT WITH NAD 1983/2011 STATE PLANE GRID COORDINATES OF NORTHING: 474624.608(ft) EASTING: 2037176.665(ft) WETHERILL ENGINEERING FOR MONUMENT "GPS-1" GROUND DISTANCES IN FIELD WERE USED GPS-1 ELEVATION = 88.53’ PEDESTRIAN BRIDGE REMOVE LOWER INCOMPLETE PLANS DO NOT USE FOR CONSTRUCTION PAVE AS NEEDED REPLACE CURB and GUTTER RETAIN EXISTING DETENTION BASIN AS NEEDED REMOVE/REPLACE REPLACE FENCE REPLACE FENCE 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 150.0000 11368 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 150.0000 11406 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 150.0000 11462 50.0000 60.0000 70.0000 80.0000 85.0000 0.0000 50.0000 100.0000 150.0000 11501 11552 bldng 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 11597 bldngbldng overhang 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 11650 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 142.5009 11688 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 150.0000 11747 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 146.4242 Dumpster 0.8:1 1.5:1 SOIL NAIL EXISTING SLOPE SOIL NAIL EXISTING SLOPE GRAPHIC SCALE 0’20’40’60’20’ FAYETTEVILLE NC 325 COOL SPRING STREET HERITAGE PLACE BANK STABILIZATION LEFT TO RIGHT LOOKING DOWNSTREAM LEFT TO RIGHT LOOKING DOWNSTREAM SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER UNLESS ALL SIGNATURES COMPLETED DOCUMENT NOT CONSIDERED FINAL Fax: 919 851 8107 Bus: 919 851 8077 License No. F-0377 Raleigh, N.C. 27606 1223 Jones Franklin Rd. CIVIL/SITE DESIGN - GIS/GPS - CONSTRUCTION OBSERVATION TRANSPORTATION PLANNING/DESIGN - BRIDGE/STRUCTURE DESIGN ENGINEERING ETHERILL 7/9/2019...\325 cool springs road_COE PERMIT.dgnUSER:JLindsey8/17/99REVISIONS INCOMPLETE PLANS DO NOT USE FOR CONSTRUCTION 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP CLASS II RIP RAP FILTER FABRIC FILTER FABRIC FILTER FABRIC FILTER FABRIC FILTER FABRIC FILTER FABRIC FILTER FABRIC FILTER FABRIC FILTER FABRIC FILTER FABRIC FILTER FABRIC FILTER FABRIC FILTER FABRIC FILTER FABRIC FILTER FABRIC S 8918’22" W98.43’N 8926’16" E248.93’S 2047’52" W6 4.47’S 2958’46" E231.95’N 7212’59" W143.86’S 4602’41" W 61.94’ S 12 3 3 ’3 0 " W 6 0 .14 ’17.82’S 8954’21" W197.27’N 0226’31" W59.92’45.36’EIPEIPEIPEIPE IPEIPEI PINV=70.36’INV OUT=77.93’INV IN=78.27’INV IN=82.52’INV OUT=82.04’INV IN=83.43’INV OUT=83.42’TOP=88.33’TOP=87.92’TOP=83.53’DIDICBCONCFOOTBRIDGE (LOWER)18" RCP15" RCP15" RCPGPS-2OVER HANG (UPPER)FOOTBRIDGEFOOTBRIDGEINV=81.42’INV=79.91’12" RCPCONCPARKING LOTPAVED6’ VINYL FENCE6S BRK APT2S BRK APTSEAT=93.35’SEAT=93.29’SEAT=93.49’SEAT=93.50’ANN ST. BRI DGECROSS CREEKWOODSWOODSWOODSEXISTING R/W OF ANN ST EXISTING R/W OF N. COOL SPRINGS ST.SEAT=82.62’SEAT=82.79’SEAT=82.91’SEAT=82.47’SEAT=89.59’SEAT=89.42’SEAT=83.61’SEAT=83.62’FENCE6’ MTL6’ MT L F E NCE 6’ MTL F ENCE(TO BE DESIGNED BY OTHERS) SOIL NAIL WALL (SEE X-SECTIONS) CLASS II RIP RAP (SEE X-SECTIONS) CLASS II RIP RAP (SEE X-SECTIONS) CLASS II RIP RAP 11462115521168811597C C C C C C C C C C NC GRIDNAD 83 NA 2011AS NEEDED REMOVE/REPLACE 1174711501113681140611650GPS-1GPS-2GRAPHIC SCALE 0’30’60’90’30’ SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER 7/9/2019...\cadd\Construction Phasing.dgnUSER:JLindsey8/17/99REVISIONS Fax: 919 851 8107 Bus: 919 851 8077 License No. F-0377 Raleigh, N.C. 27606 1223 Jones Franklin Rd. CIVIL/SITE DESIGN - GIS/GPS - CONSTRUCTION OBSERVATION TRANSPORTATION PLANNING/DESIGN - BRIDGE/STRUCTURE DESIGN ENGINEERING ETHERILL FAYETTEVILLE NC 325 COOL SPRING STREET HERITAGE PLACE BANK STABILIZATION DATUM DESCRIPTION IS BASED ON THE STATE PLANE COORDINATES ESTABLISHED BY VERTICAL DATUM USED IS NAVD 88 THE COORDINATE SYSTEM DEVELOPED FOR THIS PROJECT WITH NAD 1983/2011 STATE PLANE GRID COORDINATES OF NORTHING: 474624.608(ft) EASTING: 2037176.665(ft) WETHERILL ENGINEERING FOR MONUMENT "GPS-1" GROUND DISTANCES IN FIELD WERE USED GPS-1 ELEVATION = 88.53’ PEDESTRIAN BRIDGE REMOVE LOWER70 8590(for use in Phase 2) 2 @ 48" CSP TEMPORARY (for use in Phase 2) 2 @ 48" CSP TEMPORARY PHASE 1 IMPERVIOUS BARRIER IMPERVIOUS BARRIER PAVE AS NEEDED REPLACE CURB and GUTTER RETAIN EXISTING DETENTION BASIN AS NEEDED REMOVE/REPLACE REPLACE FENCE REPLACE FENCE INCOMPLETE PLANS DO NOT USE FOR CONSTRUCTIONUNLESS ALL SIGNATURES COMPLETED DOCUMENT NOT CONSIDERED FINAL AND CAUSEWAY FOR PHASE 2. INSTALL REMAINDER OF IMPERVIOUS BARRIER DIKE (DOWNSTREAM FIRST) IN PHASE 1 AND 4. REMOVE END SECTIONS OF IMPERVIOUS CAUSEWAY (LEFT BANK). 3. CONSTRUCT BANK STABILIZATION/REMOVE 2. REMOVE LOWER PEDESTRIAN BRIDGE 2 @ 48" CSP, AND CAUSEWAY. 1. INSTALL IMPERVIOUS BARRIER, (IF NEEDED) SILT BAG PAD TEMP. ACCESS ROAD 0.7504 Acre Lay Down/ access 15" PHASE 2 2 @ 48" CSP TEMPORARY S 8918’22" W98.43’N 8926’16" E248.93’S 2047’52" W6 4.47’S 2958’46" E231.95’N 7212’59" W143.86’S 4602’41" W 61.94’ S 12 3 3 ’3 0 " W 6 0 .14 ’17.82’S 8954’21" W197.27’N 0226’31" W59.92’45.36’EIPEIPEIPEIPE IPEIPEI PINV=70.36’INV OUT=77.93’INV IN=78.27’INV IN=82.52’INV OUT=82.04’INV IN=83.43’INV OUT=83.42’TOP=88.33’TOP=87.92’TOP=83.53’DIDICBCONCFOOTBRIDGE (LOWER)18" RCP15" RCP15" RCPGPS-1GPS-2OVER HANG (UPPER)FOOTBRIDGEFOOTBRIDGEINV=81.42’INV=79.91’12" RCPCONCPARKING LOTPAVED6’ VINYL FENCE6S BRK APT2S BRK APTSEAT=93.35’SEAT=93.29’SEAT=93.49’SEAT=93.50’ANN ST. BRI DGECROSS CREEKWOODSWOODSWOODSEXISTING R/W OF ANN ST EXISTING R/W OF N. COOL SPRINGS ST.SEAT=82.62’SEAT=82.79’SEAT=82.91’SEAT=82.47’SEAT=89.59’SEAT=89.42’SEAT=83.61’SEAT=83.62’FENCE6’ MTL6’ MT L F E NCE 6’ MTL F ENCE(TO BE DESIGNED BY OTHERS) SOIL NAIL WALL (SEE X-SECTIONS) CLASS II RIP RAP (SEE X-SECTIONS) CLASS II RIP RAP (SEE X-SECTIONS) CLASS II RIP RAP 11462115521168811597C C C C C C C C C C NC GRIDNAD 83 NA 2011AS NEEDED REMOVE/REPLACE 1174711501113681140611650GPS-1GPS-2GRAPHIC SCALE 0’30’60’90’30’ SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER 7/9/2019...\cadd\Construction Phasing.dgnUSER:JLindsey8/17/99REVISIONS Fax: 919 851 8107 Bus: 919 851 8077 License No. F-0377 Raleigh, N.C. 27606 1223 Jones Franklin Rd. CIVIL/SITE DESIGN - GIS/GPS - CONSTRUCTION OBSERVATION TRANSPORTATION PLANNING/DESIGN - BRIDGE/STRUCTURE DESIGN ENGINEERING ETHERILL FAYETTEVILLE NC 325 COOL SPRING STREET HERITAGE PLACE BANK STABILIZATION DATUM DESCRIPTION IS BASED ON THE STATE PLANE COORDINATES ESTABLISHED BY VERTICAL DATUM USED IS NAVD 88 THE COORDINATE SYSTEM DEVELOPED FOR THIS PROJECT WITH NAD 1983/2011 STATE PLANE GRID COORDINATES OF NORTHING: 474624.608(ft) EASTING: 2037176.665(ft) WETHERILL ENGINEERING FOR MONUMENT "GPS-1" GROUND DISTANCES IN FIELD WERE USED GPS-1 ELEVATION = 88.53’ PEDESTRIAN BRIDGE REMOVE LOWER IMPERVIOUS BARRIER IMPERVIOUS BARRIER IMPERVIOUS BARRIER PAVE AS NEEDED REPLACE CURB and GUTTER RETAIN EXISTING DETENTION BASIN AS NEEDED REMOVE/REPLACE REPLACE FENCE REPLACE FENCE INCOMPLETE PLANS DO NOT USE FOR CONSTRUCTIONUNLESS ALL SIGNATURES COMPLETED DOCUMENT NOT CONSIDERED FINAL CAUSEWAY (RIGHT BANK). 1. CONSTRUCT BANK STABILIZATION/REMOVE 2. REMOVE IMPERVIOUS BARRIER. 2 @ 48" CSP AND FILL. 3. REMOVE TEMPORARY (IF NEEDED) SILT BAG PAD TEMP. ACCESS ROAD 0.7504 Acre Lay Down/ access 15" 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 150.0000 11368 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 150.0000 11406 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 150.0000 11462 50.0000 60.0000 70.0000 80.0000 85.0000 0.0000 50.0000 100.0000 150.0000 11501 11552 bldng 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 11597 bldngbldng overhang 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 11650 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 142.5009 11688 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 150.0000 11747 50.0000 60.0000 70.0000 80.0000 90.0000 0.0000 50.0000 100.0000 146.4242 Dumpster 0.8:1 1.5:1 SOIL NAIL EXISTING SLOPE SOIL NAIL EXISTING SLOPE GRAPHIC SCALE 0’20’40’60’20’ FAYETTEVILLE NC 325 COOL SPRING STREET HERITAGE PLACE BANK STABILIZATION LEFT TO RIGHT LOOKING DOWNSTREAM LEFT TO RIGHT LOOKING DOWNSTREAM SHEET NO.PROJECT REFERENCE NO. HYDRAULICSROADWAY DESIGN ENGINEER ENGINEER UNLESS ALL SIGNATURES COMPLETED DOCUMENT NOT CONSIDERED FINAL Fax: 919 851 8107 Bus: 919 851 8077 License No. F-0377 Raleigh, N.C. 27606 1223 Jones Franklin Rd. CIVIL/SITE DESIGN - GIS/GPS - CONSTRUCTION OBSERVATION TRANSPORTATION PLANNING/DESIGN - BRIDGE/STRUCTURE DESIGN ENGINEERING ETHERILL 7/9/2019...\cadd\Construction Phasing.dgnUSER:JLindsey8/17/99REVISIONS INCOMPLETE PLANS DO NOT USE FOR CONSTRUCTION 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 1.5:1 CLASS II RIP RAP FILTER FABRIC CLASS II RIP RAP FILTER FABRIC CLASS II RIP RAP FILTER FABRIC FILTER FABRIC CLASS II RIP RAP CLASS II RIP RAPCLASS II RIP RAP FILTER FABRIC FILTER FABRIC CLASS II RIP RAP CLASS II RIP RAP FILTER FABRIC FILTER FABRIC CLASS II RIP RAP CLASS II RIP RAP FILTER FABRIC FILTER FABRIC CLASS II RIP RAP CLASS II RIP RAP FILTER FABRIC FILTER FABRIC CLASS II RIP RAP CLASS II RIP RAP FILTER FABRIC FILTER FABRIC CLASS II RIP RAP CLASS II RIP RAP FILTER FABRICD DDD DDDD DDD DDDIMPERVIOUS BARRIER IMPERVIOUS BARRIER IMPERVIOUS BARRIER IMPERVIOUS BARRIER IMPERVIOUS BARRIER IMPERVIOUS BARRIER IMPERVIOUS BARRIER IMPERVIOUS BARRIER IMPERVIOUS BARRIER PHASE I TEMP ACCESS PHASE I TEMP ACCESS PHASE I TEMP ACCESS PHASE I TEMP ACCESS PHASE I TEMP ACCESS PHASE I TEMP ACCESS PHASE II TEMP ACCESS PHASE II TEMP ACCESS PHASE II TEMP ACCESS PHASE II TEMP ACCESS PHASE II TEMP ACCESS PHASE II TEMP ACCESS PHASE II TEMP ACCESS PHASE II TEMP ACCESS 0 om <� H z DC0 0 ommcn �mz-=D ==DDm z = cn 0 zHv�m • OOH DDD H 0 z �_.- m z w G) N > c/) D z N 0 Z > 0 0 x� z� z� mZ r G) V� m O m 876.01 A A CHANNEL WITH CLASS I RIP RAP* "Wn 6 0 18" MIN. CLASS I BED LEVEL G 24" MIN. CLASS II 6 x GEOTEXTILE CHANNEL WITH CLASS I OR CLASS II RIP RAP LENGTH OF DITCH 18" MIN. CLASS I r GEOTEXTILE 4'-0" CLASS II 24" MIN. CLASS II 2'-0" CLASS I LONGITUDINAL SECTION A -A, B -B OR C -C GENERAL NOTES: 1. USE RIP -RAP IN CHANNEL BED WHERE SHOWN ON PLANS. 2. IF BEDROCK IS ENCOUNTERED WITHIN THE LIMITS OF THE TOEWALL, BEGIN TOEWALL ON THE BEDROCK OR AS DIRECTED BY THE ENGINEER. 3. WHERE ONLY ONE SIDE REQUIRES RIP -RAP I OR 'II' LIST STATION AND SIDE OF SAME. CLASS I *„W„ „X„ 0'-5' BED LEVEL 6'- 10' 12” 11'-20' 18" *FOR "V" DITCH "W" IS 0' CLASS II „W„ „X„ ALL 1 36" z oU) HQ Q ==O LL -i—,, - O o U = awQzw= U=00 H H= ;f Lu U)o0�Q z 1_4 °C a~ w� 0 0 LL y U J z W Z Q z o x v D= Z D N z Q a U) cc U) CL J c� oC z Lu 876.01 CAROLINACAROLINACAROLINACAROLINA ECOSYSTEMS, Inc.ECOSYSTEMS, Inc.ECOSYSTEMS, Inc.ECOSYSTEMS, Inc. 3040 NC 42 West; Clayton, NC 27520 P:919-359-1102 – F:919-585-5570 October 4, 2018 Mr. Pete Benjamin US Fish and Wildlife Service Raleigh Field Office 551F Pylon Drive Raleigh, NC 27606 RE: Endangered Species Act Compliance Review Heritage Place Bank Stabilization City of Fayetteville, NC Dear Mr. Benjamin; Carolina Ecosystems, Inc. (CEI) has completed an environmental review of a proposed bank stabilization of Cross Creek at 325 North Cool Springs Street in Fayetteville, Cumberland County, North Carolina. The project involves hard structure stabilization of currently eroding banks of Cross Creek adjacent to an existing retirement home and assisted living facility (Heritage Place). Because construction would occur in a Federal Emergency Management Agency (FEMA) regulatory floodplain, a Conditional Letter of Map Revision will be submitted to the NC Floodplain Mapping Program. Executive Order 11988 requires concurrence from the United States Fish and Wildlife Service (USFWS) regarding compliance with the Endangered Species Act (ESA) prior to FEMA approval. CEI staff reviewed the project site on March 24, 2018 for the presence of federally protected species or their habitat. This letter provides a summary of this review. Project Location and Description The project study area (site) comprises an approximate 300-foot reach of Cross Creek passing between two multi-story retirement home and assisted living buildings with cross walks. The banks of the stream are experiencing severe erosion with up to 20 vertical feet of bank failure. Sediment and rubble from fill have entered the stream from upstream as well. Due to the close proximity of the banks to the assisted living facility, the only practical solution to protect the buildings is structural hardening of the banks. Vegetation along the stream is extremely limited due to bank failure and, where present, consists of invasive species such as bamboo and English ivy. Several site photographs are attached to this letter. Mr. Pete Benjamin Page 2 October 4, 2018 Federally Protected Species Plants and animals classified as Endangered or Threatened by the USFWS are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. Table 1 presents federally protected species listed by the USFWS (updated June 27, 2018) for Cumberland County, North Carolina. Table 1: Federally protected species listed for Cumberland County. Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Alligator mississippiensis American Alligator T (S/A) No N/A Haliaeetus leucocephalus Bald Eagle BGPA Yes No Effect Notropis mekistocholas Cape Fear shiner E No No Effect Picoides borealis Red-cockaded woodpecker E No No Effect Neonympha mitchellii fracisci St. Francis’ satyr butterfly E No No Effect Schwalbea Americana American chaffseed E No No Effect Rhus michauxii Michaux’s sumac E No No Effect Lindera melissifolia Pondberry E No No Effect Lysimachia asperulaefolia Rough-leaved loosestrife E No No Effect BGPA – Bald and Golden Eagle Protection Act E – Endangered T (S/A) – Threatened due to similarity of appearance American Alligator USFWS Recommended Survey Window: year round (only warm days in winter) Habitat Description: In North Carolina, alligators have been recorded in nearly every coastal county, and many inland counties to the fall line. The alligator is found rivers, streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant of salt water, but the young are apparently more sensitive, with salinities greater than 5 parts per thousand considered harmful. The American alligator remains on the protected species list due to its similarity in appearance to the Endangered American crocodile. Biological Conclusion: Not Applicable The American alligator is listed as threatened due to similarity of appearance to other listed species. Therefore, no surveys are required and no biological conclusion is rendered. Habitat for this species is not present within the project area. Cross Creek experiences high flows and water is not of sufficient depth to provide habitat. The closest known occurrence of this species is approximately 2 miles North from the project. Mr. Pete Benjamin Page 3 October 4, 2018 Bald Eagle Habitat Description: Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. Biological Conclusion: No effect The Cape Fear River is within 1.0 mile of the project study area. Cross Creek is not large enough to provide foraging habitat for the bald eagle. No bald eagles or their nests were noted during the field survey. A review of the NCNHP records, updated July 2018, indicates no known occurrences within 1.0 mile of the study area. Cape Fear Shiner USFWS Recommended Survey Window: April - June (tributaries); year round (large rivers) Habitat Description: The Cape Fear shiner is known only from the Cape Fear River watershed. In general, habitat occurs in streams with clean gravel, cobble, or boulder substrates. It is most often observed inhabiting slow pools, riffles, and slow runs associated with water willow (Justicia americana) beds, which it uses for cover. Juveniles can be found inhabiting slackwater, among large rock outcrops and in flooded side channels and pools. Spawning occurs May through June, when water temperatures reach 66 degrees Fahrenheit. Biological Conclusion: No Effect No habitat for the Cape Fear shiner is present in the project area. This reach of Cross Creek is severely impacted by sediment from collapsing banks as well as upstream failures. Clean gravel, cobble and boulder substrate is not present. No surveys were performed for this species. Known occurrences of the Cape Fear shiner are 20 miles upstream on the Cape Fear and not within this sub- basin. Red-cockaded woodpecker USFWS Recommended Survey Window: year round; November-early March (optimal) Habitat Description: The red-cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of the RCW is normally no more than 0.5 miles. Biological Conclusion: No Effect There are no large mature stands of pines within the project site or adjacent to the site. The area immediately adjacent to Cross Creek is heavily maintained as residential lawns and parking lots. Few pine trees are present. A search of the NCNHP database (updated June 2016) showed no Mr. Pete Benjamin Page 4 October 4, 2018 occurrence of the red-cockaded woodpecker within 1.0 mile of the study area, and the closest known occurrence is 2.7 miles South of the project. St. Francis’ Satyr butterfly USFWS Recommended Survey Window: May 5 - June 6 and July 26 - August 21 Habitat Description: The Saint Francis’ satyr butterfly is only known from the Sandhills of North Carolina, although its historic range may have been much larger. This butterfly is known to inhabit wide, wet meadows dominated by sedges and other wetland graminoids. These wetlands are often relicts of beaver activity and are boggy areas that are acidic and ephemeral. These sites must be continually maintained to persist as open areas. The larval host of the Saint Francis' satyr is thought to be grasses, sedges and rushes. Biological Conclusion: No Effect No habitat for the St. Francis’ satyr butterfly is present in the project area. Cross Creek is incised from 10 to 20 feet below the surrounding land throughout the reach, and no wetlands were noted during site visits. A review of the NCNHP records, updated July 2018, indicates no known occurrences within 1.0 mile of the study area. American chaffseed USFWS Optimal Survey Window: May-August (1-2 months after a fire) Habitat Description: American chaffseed generally occurs in habitats described as open, moist to dryish Mesic Pine Flatwoods and longleaf pine flatlands, Pine Savannas, Pine/Scrub Oak Sandhills, Sandhill Seeps, and other open grass/sedge-dominated communities. This herb also occurs in the ecotonal areas between peaty wetlands and xeric sandy soils and on the upper ecotones of, or sites close, to Streamhead Pocosins. The species prefers sandy peat or sandy loam, acidic, seasonally moist to dry soils in sunny or partly sunny areas subject to frequent fires in the growing season. The plant is dependent on factors such as fire, mowing, or fluctuating water tables to maintain its required open to partly-open habitat. Most extant occurrences, and all of the most vigorous occurrences, are in areas subject to frequent fire. This species is also known to occur on road cuts and power line rights-of-way that experience frequent mowing or clearing. Soil series that it is found on include Blaney, Candor, Gelead, Fuquay, Lakeland, and Vaucluse. Biological Conclusion: No Effect No habitat for American chaffseed is present in the project area. The immediate area is either maintained lawns, forest with heavy invasive cover, or eroding stream banks. The area does not experience fire on a regular basis. A review of the NCNHP records, updated July 2018, indicates no known occurrences within 1.0 mile of the study area. Mr. Pete Benjamin Page 5 October 4, 2018 Michaux’s sumac USFWS Optimal Survey Window: May-October Habitat Description: Michaux’s sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky, open, upland woods on acidic or circumneutral, well-drained sands or sandy loam soils with low cation exchange capacities. The species is also found on sandy or submesic loamy swales and depressions in the fall line Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights-of- way; areas where forest canopies have been opened up by blowdowns and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e.g., mowing, clearing, grazing, periodic fire) maintains its open habitat. Biological Conclusion: No Effect Habitat for Michaux’s sumac is not present in the project area. There are limited maintained clearings at the edge of the project area, but these are either well-manicured grass or have heavy cover of invasives. A review of the NCNHP records, updated July 2018, indicates no known occurrences within 1.0 mile of the study area. Pondberry USFWS Optimal Survey Window: February-October Habitat Description: Pondberry occurs in seasonally flooded wetlands, sandy sinks, pond margins, and swampy depressions. This deciduous, aromatic shrub occurs in bottomland hardwood forests with perched water tables along inland areas of the southeastern United States. In the Coastal Plain of the Carolinas, the species occurs at the margins of limestone sinks and ponds and in undrained, shallow depressions of longleaf pine and pond pine forests. Known occurrences in North Carolina occur in the Small Depression Pocosin natural community, grow in soils with sandy sediments and high water table, contain high peat content in the subsurface, and include a prevalence of shrubs due to historically frequent or intense fires. It generally grows in somewhat shaded areas but can tolerate full sun. Biological Conclusion: No Effect No habitat for pondberry is present in the project area. Cross Creek is incised from 10 to 20 feet below the surrounding land throughout the reach, and no wetlands were noted during site visits. A review of the NCNHP records, updated July 2018, indicates no known occurrences within 1.0 mile of the study area. Mr. Pete Benjamin Page 6 October 4, 2018 Rough-leaved loosestrife USFWS Optimal Survey Window: mid May-June Habitat Description: Rough-leaved loosestrife, endemic to the Coastal Plain and Sandhills of North and South Carolina, generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins in dense shrub and vine growth on moist to seasonally saturated sands and on shallow organic soils overlaying sand (spodosolic soils). Occurrences are found in such disturbed habitats as roadside depressions, maintained power and utility line rights-of-way, firebreaks, and trails. The species prefers full sunlight, is shade intolerant, and requires areas of disturbance (e.g., clearing, mowing, periodic burning) where the overstory is minimal. It can, however, persist vegetatively for many years in overgrown, fire-suppressed areas. Blaney, Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series that the plant occurs on. Biological Conclusion: No Effect No habitat for rough-leaved loosestrife is present in the project area. Terrestrial habitat is primarily maintained lawns or has heavy cover of invasives. No wetlands or seasonally saturated soils within maintained rights of way are present. A review of the NCNHP records, updated July 2018, indicates no known occurrences within 1.0 mile of the study area. We request your review of this information and a determination of compliance with the ESA. If possible, due to the continuing erosion of banks directly adjacent to the assisted living center, an accelerated review of this information would be appreciated in order to not affect other approvals. If you have any questions or concerns, please contact me at your earliest convenience at (919) 606-1065 or phil.may@carolinaeco.com. Sincerely, Carolina Ecosystems, Inc. Philip May Senior Environmental Scientist Attachments: Figure 1 – Vicinity Map Figure 2 – Project Area Project Photographs Fayetteville Cape Fear RiverB lounts C reekCross CreekLocks CreekL ittle C r o ss C re e k Branson CreekHybarts BranchOctober 2018 Figure 1: Vicinity Map Heritage Place Fayetteville, Cumberland County, NC 0 0.60.3 Miles³Study Area USGS Named Stream Project Location: Cumberland County §¨¦1 §¨¦1 §¨¦1 ¬«3 ¬«3 ¬«3 £¤2 ¬«53 Cross Creek Grove StGreen StPerson StBow S t Adam St H a w l e y L n Lamon St Gorham Aly Barges LnRowan St Ramsey StMason St Meeting St Dick St October 2018 Project Map Heritage Place Fayetteville Cumberland County, NC 0 280140 Feet³ 2017 NC Statewide Aerial Photography Study Area Heritage Place Fayetteville NC ESA Compliance Site Photographs Stream reach to be stabilized. Upper end of proposed stabilization reach. Page 1 Heritage Place Fayetteville NC ESA Compliance Site Photographs Unstable banks directly adjacent to assisted living facility. Unstable banks at the lower end of the project area. Page 2 United States Derrartment of the Interior FISH AND WIT,DI-IFE SE,RVICE I(aleish LIS Fiel<i Offlce Post Office Box 33726 Rale ieh. North Carolir:La 2i636-3'726 November 28,2018 Philip May Carolina Ecosystems. Inc. 3040 NC 42 West Clayton, NC 27520 I{c. llcritage I'lacc Bank Stabilization Cr.unberland Countl. NC Dear Mr. May: 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 future projects. please visit the Raleigh Field Office's project planning website at https://www.lws.sov/raleirrh/pp.html. If you are only searching for a list of species that may be present in the pro.ject's Action Area, then you may use the Service's Inforn-ration, Planning, and Consultation System (lPaC) website to determine if any listed, proposed, or candidate species ntay be prescllt in the Action Area and generate a species list. The IPaC website may be viewed at https://ecos.fws.qov/ipac/. The IPaC web site contains a complete and fiequently updated list of all endar-rgered 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 o1'thc Act requires that all t'ederal agencies (or their designated non-f-ederal fepresclttatirc). in consultation with tlie Service. insure that any action f-ederally ar,rthorized. lunded. or carried oLrt by such agencies is not likely tt-rleopaldize the cotrtinucd c.\lstcltce ol auy federally-listed endangered or threatened species. A biological assessment or evalLration may be prepared to lirlfill that requirement and in determining wliether additional consultation with the Service 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 I Th. t.r'r.r "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species ofconcem receive no legal protection and their designation does nt.rt nccessarilr inrpll that the species will cventr"rally be proposed fbr listirrg as a f'ederally endangered orthreatened specie's Hosclcr. \\'c recollllelrd that all practicable rreasures be taken to avoid or rninirnize adverse irnpacts to f'ederal soecics o l' conccrn. evaluation and can be found on our web page at http://www.fws.gov/raleigh. 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 ofhce 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, befbre 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 it (1) new information reveals impacts of this identified action that may aff'ect 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. We recommend that you consider this document in the development of your projects and in completing an initiation package fbr consultation (if necessary). We hope yor-r 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 John Ellis of this office at (919) 856-4520 ext.26. Sincerely,