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HomeMy WebLinkAbout20191333 Ver 1_PCN Form Submission_20191002DR 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#* 20191333 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* Mooresville Regional Office - (704) 663-1699 Alan Johnson:eads\adjohnsonl Information for Initial Review 1a. Name of project: Upper Torrence Creek Tributary No. 1 Stream Restoration Project 1a. Who is the Primary Contact?* Kristi Suggs 1 b. Primary Contact Email:* ksuggs@wild landseng.com Date Submitted 10/2/2019 Nearest Body of Water Torrence Creek Basin Catawba Water Classification WS -Iv Site Coordinates Latitude: Longitude: 35.433144 -80.852342 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this project a public transportation project?* r Yes r No 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 venters, 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:* (704)332-7754 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: rJ 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 27 - Restoration 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - Express r- Riparian Buffer Authorization 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 1g. 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? F- Owner PF Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: See attached Property Owner/Parcel Information Sheet. Included as part of the JD submittal package. 2b. Deed book and page no.: See attached Property Owner/Parcel Information Sheet. Included as part of the JD submittal package. 2c. Responsible party: Mecklenburg County Manager's Office 2d. Address Street Address 600 E. Fourth Street, 11th Floor Address Line 2 CKY Charlotte Postal / Zip Code 28202 2e. Telephone Number: (980)314-2910 29. Email Address:* Leslie.Johnson@mecklenburgcountync.gov 3. Applicant Information (if different from owner) State / Province / Fujian NC Country USA 2f. Fax Number: r Yes r No ryes r No 3a. Name: Leslie Johnson 3b. Business Name: Mecklenburg County Manager's Office 3c.Address Street Address 600 E. Fourth Street, 11th Floor Address Line 2 City Charlotte Postal / Zip Code 28202 3d. Telephone Number: (980)314-2910 3f. Email Address:* Leslie.Johnson@mecklenburgcountync.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/town: Huntersville 2. Project Identification 2a. Property Identification Number: See attached Property Owner/Parcel Information Sheet State / Frwinoe / %gbn NC Country USA 3e. Fax Number: 2b. Property size: 18.8 2c. Project Address Street Address See attached Property Owner/Parcel Information Sheet. Included as part of the JD submittal package. Address Line 2 See attached Property Owner/Parcel Information Sheet. Included as part of the JD submittal package. Qty State / Rwince / Fbgion See attached Property Owner/Parcel Information Sheet. Included as part of the JD See attached Property Owner/Parcel Information Sheet. Included as part of the JD submittal package. submittal package. Postal / Zip Code Country See attached Property Owner/Parcel Information Sheet. Included as part of the JD See attached Property Owner/Parcel Information Sheet. Included as part of the JD submittal package. submittal package. 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Torrence Creek 3b. Water Resources Classification of nearest receiving water:* WS -IV 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12 -digit HUC in which the project is located. 030401050101 4. Project Description and History 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 project area is primarily located within the wooded floodplain of Torrence Creek Tributary #1 and/or its tributaries; however, portions of the project lie within maintained residential yards, maintained power line and sewer easements, and/or within North Mecklenburg Park. General land use adjacent to the project area include roadways, residential neighborhoods, recreation park facilities, and commercial. 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) Torrence Trib 1_Fig2_USGS Map.pdf 569.8KB 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) Torrence Trib 1_Fig4_Soils Map.pdf 830.53KB 4f. List the total estimated acreage of all existing wetlands on the property: 1.581 4g. List the total estimated linear feet of all existing streams on the property: 9,061 4h. Explain the purpose of the proposed project:* The project proposes to implement a mix of stream restoration and enhancement throughout the project area, which will improve stream stability, reduce sediment loading, improve in - stream aquatic habitat, reconnect the stream to its floodplain, and establish a native riparian corridor. Additionally, the project proposes to implement a variety of storm drainage improvements within an established residential neighborhood and replace failing and install new bike trail crossings within North Mecklenburg Park. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Work along Torrence Creek Tributary 1 and Delancey Tributary will consist of a combination of Priority II Restoration and Enhancement I. Enhancement work will include a combination of localized bank grading, bench establishment, inlstream structure placement, and minor realignment. In -stream structures will include log vanes, log sills, constructed riffles, brush toes, rock cross vanes, and vegetated geolifts with boulder toes. Restoration work implemented along portions of each tributary are designed to establish a crosslsectional area sized for frequent overbank flows, a stable bed with variable bedforms, well vegetated bank slopes, and improvements to aquatic habitat. In -stream structures will include brush toes, log vanes, vegetated geolifts with boulder toes, a combination of constructed, jazz, woody, and angled log riffles, rock and log j -hooks, log sills, rock and log vanes, and Iunker logs. A combination of restoration and enhancement is proposed on Park North Tributary (Park North) and Park South Tributary (Park South). Rock step pool cascades are proposed along the upstream portions of both tributaries to stabilize active headcuts, while bench grading is proposed along the Park North and excavation of a bankfull bench is proposed along the Park South until their confluence with Torrence Creek Tributary 1. Additional stream work along Park South will include inlstream structure placement, minor realignment of the channel, and the replacement of a culverted trail crossing with a prefabricated steel pedestrian bridge. In -stream structures will include vegetated geolifts with boulder toes, constructed riffles, and log sills. Lastly, two existing culverted crossings, each located within an overhead utility easement of Park North and Park South, will be retrofitted with concrete headwalls. Restoration work along the downstream portion of Park South Tributary A to its tie-in with Park South and mid -reach of Ricksted Tributary will consist of a series of rock step pool cascades. In addition, approximately thirty-five linear feet of boulder toe protection will also be implemented along the left bank of Ricksted Tributary. Additional work conducted throughout the project will include the following: The installation of a new trail crossing with a prefabricated steel pedestrian bridge along an upstream section of Torrence Creek Tributary 1 within the Mecklenburg County Park, The relocation of existing storm drainage pipes and outfall stabilization along Delancey Tributary to reduce stream bank erosion, and The relocation of an existing pedestrian bridge along Delancey Tributary. Most of the project area will be placed in a stormdrainage easement. The project streambanks, floodplains, and wetland areas will be planted with native tree, shrub, herbaceous species to re-establish a wooded riparian buffer in areas that are currently lacking buffer. Excavators will be used for channel and floodplain excavation, as well as for 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. Lastly, cranes and/or other specialized equipment will be used for the placement of new prefabricated bridges and the relocation of existing trail bridge structures. 4j. Please upload project drawings for the proposed project. Torrence Creek Tributary No. 1_planset.pdf 29.48MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* O Yes O No Comments: PJD Application is included in this submittal. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* O Preliminary O Approved O Not Verified O Unknown r WA Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Ian Eckardt, Kristi Suggs, Jeff Turner, & Henry Reed Agency/Consultant Company: Wildlands Engineering, Inc. Other: 5d1. Jurisdictional determination upload 5 - Torrence Trib 1_pJDSubmittal_All.pdf 3 - TorrenceTrib1_PJDFigs.pdf 6. Future Project Plans 6a. Is this a phased project?* r Yes c No 14.48MB 4.85MB 4 Unknown 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? Unknown D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): J7 Wetlands PI Streams -tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts 2g. Total Temporary Wetland Impact 0.149 2g. Total Wetland Impact 0.153 2h. Comments: 29. Total Permanent Wetland Impact 0.004 Stream restoration and enhancement measures will impact wetlands. However, these activities are designed to have an overall long-term positive ecological effect with the use of natural channel design techniques throughout the project, which will improve stream and wetland functions and habitat and establish flood storage. 3. Stream Impacts 2a1 Reason(?) 2b. Impact type * M 2c. Type of W. 2d. W. name * 2e. Forested* 2f. Type of Jurisdicition*(?) 2g. Impact area* W1 Construction Access T Bottomland Hardwood Forest Wetland B Both 0.114 W2 Construction Access T Bottomland Hardwood Forest Wetland B No Both 0.005 Both 10 87 (sores) W3 Construction Access T Bottomland Hardwood Forest Wetland C Yes Both 0.003 (acres) W4 Construction Access T Bottomland Hardwood Forest Wetland G No Both 0.019 Reach 1 Aver�e(feet) (Irx�rfeet) S3 (acres) W5 Minor grading T Bottomland Hardwood Forest Wetland G �N. Both 0.004 Reach 1 Aver�e(feet) (acres) W6 Construction Access T Bottomland Hardwood Forest Wetland E Yes Both 0.003 375 1 (acres) Aver�e(feet) Excavation P Bottomland Hardwood Forest Wetland E Yes Both 0.003 Both 10 62 (acres) W8 Fill P Bottomland Hardwood Forest Wetland H Yes Both 0.001 Torrence Creek Tributa rY Perennial Both 10 160 (acres) W9 Construction Access Bottomland Hardwood Forest Wetland H Yes Both 0.001 Te ora mP rY JL Torrence Creek Tributary rY Perennial Both 10 136 (acres) 2g. Total Temporary Wetland Impact 0.149 2g. Total Wetland Impact 0.153 2h. Comments: 29. Total Permanent Wetland Impact 0.004 Stream restoration and enhancement measures will impact wetlands. However, these activities are designed to have an overall long-term positive ecological effect with the use of natural channel design techniques throughout the project, which will improve stream and wetland functions and habitat and establish flood storage. 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* S7 Construction Access Te ora � rY Other Torrence Creek Tributary rY Intermittent Both 10 87 Reach 1 Average (feet) (irx�rfeet) S2 Construction Access Tem ora p rY Other Torrence Creek Tributa rY Perennial Both 10 39 Reach 1 Aver�e(feet) (Irx�rfeet) S3 Construction Access Te ora rY Other Torrence Creek Tributary rY Perennial Both 10 45 Reach 1 Aver�e(feet) (irx�feet) S4ryEnhancement Permanent Excavation ce Creek Tributary FRear Perennial Both 10 375 1 Aver�e(feet) (Ir�rfeet) SS Enhancement Te ora � rY Bank Stabilization Torrence Creek Tributary rY Perennial Both 10 62 Reach 1 Average (feet) (linear feet) S6 Enhancement Permanent Excavation Torrence Creek Tributa rY Perennial Both 10 160 Reach 1 Average (feet) linear feet) S7 Enhancement Te ora mP rY Bank Stabilisation Torrence Creek Tributary rY Perennial Both 10 136 Reach 2 Ave �e (feet) (in�rfeet) S8 Enhancement Permanent Excavation Torrence Creek Tributary rY Perennial Both 10 212 Reach 2 Average (feet) linear feet) S9 Restoration Permanent Relocation Torrence Creek Tributa rY Perennial Both 15 1,255 Reach 2 & 3 Average (feet) (irx�feet) S10 Enhancement Permanent Excavation Torrence Creek Tributary rY Perennial Both 15 167 Reach 3 Ave �e (feet) (in�rfeet) S11 Restoration Permanent Relocation Torrence Creek TributaryPerennial Both 15 614 Reach 3 Average (feet) (Gr�rfed) S12 Enhancement Permanent Excavation Torrence Creek Tributary ry Perennial Both 15 311 Reach 4 Average (feet) (linear fed) S13 Enhancement -1 Permanent Relocation J Torrence Creek Tributa rY Perennial Both 15 218 Reach 4 Avarage (feet) (Gr�fed) S14 Restoration Permanent Relocation Park North Tributary Intermittent Both 5 68 Avarage (fed) (linear fed) F Restoration Permanent Relocation Park North Tributary Perennial Both 5 264 Avarage (fed) (linear fed) S16 Culvert Headwall Permanent Culvert Park North Tributary Perennial Both 5 3 Avarage (feet) (linear fed) S17 Culvert Headwall Permanent Culvert Park North Tributary Perennial Both 5Avar�e 4(Grfed) (Feed) S18 Enhancement 7 Permanent Excavation Park North Tributary Perennial Both 5 124 Avar�e(fed) (Gr�ear fed) S79 Restoration 7 Permanent Relocation Park South TributaryIntermittent Both 5 72 Average (fed) (linear feet) S20 Restoration Permanent Relocation Park South Tributary ry Perennial Both 5 905 Average (feet) (Fr�rfed) S21 Culvert Headwall 7 Permanent Culvert Tributary Park South Tributa Perennial Both 5 5 Average (feet) (linear feet) S22 Culvert Headwall Permanent Culvert Tributary Park South Tributa Perennial Both 5 3 Averac,7e (feet) (linear feet) S23 Enhancement Permanent Excavation Park South Tributa Tributary Perennial Both 5 140 Average (fed) (linearfed) S24 Restoration Permanent Relocation Park South Tributary rY Perennial Both 5 100 Average (fed) (linearfed) S25 Restoration Permanent Relocation Park South Tributa A ry Intermittent Both 3 63 Average (fed) (Gr�rfed) S26 Restoration Permanent Relocation Ricksted Tributary ry Perennial Both 5 289 Average (fed) (Gr�rfed) S27 fonstruction Access 7 Temporary Other Ricksted Tributary Perennial Both 5 40 Aver�e(fed) (linear feet) S2g Pipe extension & realignment Permanent Stabilization Delancey Tributary Perennial Both 8 27 Aver�e(fed) (linear fed) S29 Enhancement 7 Temporary Bank Stabilization J Delancey Tributary Perennial Both 8 255 Aver�e(feet) (linear fed) S30 Restoration Permanent Relocation Delancey Tributary Y ry Perennial Both 8 287 Average (feet) (linear fed) S31 Tie in grading 9 9 Permanent Bank Stabilization UT3 Intermittent Both 3 21 Average (feet) (linear fe.d) S �2�Constructionp Access Tem orar y Other UT4 Intermittent Both 3 17 Avar�e(fed) (lirrfed) S 33 Tie in grading 99 Permanent Bank Stabilization J Ui4 Intermittent Both 3 39 Avar�e(fed) (linear fed) �4�Construction Access 7 Temporary Other UT5 Intermittent Both 3Ave 4Qi ale (fed) xfed) S 35 Tie in grading 99 Permanent Bank Stabilization J Ui5 Intermittent Both 3 29 Avarage (feet) (linear fed) S36 Construction Access Tem orar p y Other UI-6Perennial Both 4 20 Avarage (fed) (lir�earfed) S37 Tie in grading 9 9 Permanent Bank Stabilization lJT6 Perennial Both 4 13 Avarage (feet) (linearfed) S38 Tie in grading Temporary Bank Stabilization A UT7 Perennial Both 4 23 Average (fed) (linear fed) S39 Construction Access 7 Temporary Other U173 Intermittent Both 3 24 Average (feet) (Fr�rfed) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 5,768 790 31. Total stream and ditch impacts: 5304 3j. Comments: Total Impacts should read as 6,558 LF. Section 3i is not adding up the impacts correctly. Stream restoration and enhancement measures will impact wetlands. However, these activities are designed to have an overall long-term positive ecological effect with the use of natural channel design techniques throughout the project, which will improve stream and wetland functions and habitat and establish flood storage. 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: Stream restoration and enhancement will impact project channels during construction; however, these activities are designed to have an overall long-term positive effect using natural channel design techniques throughout to restore and improve stream function and habitat and establish flood storage. Stream impacts will be avoided or minimized to project reaches that exhibit less instability and incision. These reaches are generally proposed for localized bank grading activities, stabilization measures, and/or structure placement. The restored stream corridor will be native riparian vegetation. Stream alignments of restoration reaches and construction access roads were designed to avoid existing wetlands as much as possible and minimize grading and access impacts. Construction access will use existing permanent crossings when feasible. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Project construction will be done in the dry as much as possible through offline construction and pumping around when working in existing online channels which will minimize sedimentation to aquatic systems. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting, seeded, and planted with native riparian species. During construction, a combination of culverts and mud mats will be utilized for temporary construction crossings. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Compensatory mitigation is not required for activities authorized under a NWP 27 since these activities must result in net increases in aquatic resource functions and services. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: Wetland, stream and buffer restoration project that result in impacts to the riparian buffers are exempt from NC Riparian Buffer Protection Rules. 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: The stream restoration project will not add any impervious surfaces to the project area. 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?* r Yes r No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * r Yes r No Comments:* This is a Charlotte -Mecklenburg Storm Water Services stream restoration project, which is not subject to NEPA/SEPA requirements. 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)?* r 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. The project is in an urbanized area where most of the surrounding land has already been developed for commercial and residential purposes. Several properties and easements were purchased by Mecklenburg County which will serve as buffers immediately adjacent to much of the project area. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* rYes r Nor WA 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. Asheville 5d. Is another Federal agency involved?* r Yes r No Se. 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 5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? r Yes r No If you answered "Yes" to 5g(1), did you discover any signs of bat use? r Yes r No r Unknown 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown St. 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? Obtained an official species list (Consultation Code: 04EN1000-2019-SLI-0483) from the USFWS IPAC on 7/25/2019 and a letter for consultation was requested on the same day. A pedestrian survey was conducted on 5/30 & 5/31/2019. A project review was implemented through IPAC for a result determination for the NLEB (IPAC Consultation Code: 04EN1000-2019-SLI-0483). On 9/3/2019 a letter was received from the USFWS in regards to Federally protected species (Log No. 4-2-1-235). Copies of documentation have been uploaded with this submittal. Consultation Documentation Upload 6 - TorrenceCrkTrib1_USFWS_ReviewRequestSubmittal_20190725.pdf 1.45MB TorrenceCreekTrib1 Species List_ Asheville Ecological Services Field Office.pdf 335.33KB 19-351—Upper Torrence Creek Tributary 1 Stream Restoration Project_ Mecklenburg Co_USFWS.pdf 335.2KB 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?* National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper Website. 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?* A project request for review and comment were submitted to the NC State Historic Preservation Office (SHPO) on 7/25/2019. A response from the NC SHPO was received on 8/23/2019 stating that "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." Copies of documentation are included in this submittal. 7c. Historic or Prehistoric Information Upload 6 - TorrenceCrkTribl_SHPO_ReviewRequestSubmittal_20190725.pdf 9.17MB ER 19-2373.pdf 95.45KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* F Yes r No 8b. If yes, explain how project meets FEMA requirements: On April 26, 2019, a "No -Rise" was flood model certification was conducted and submitted with an application for an Individual Floodplain Development Permit (FDP) to Charlotte -Mecklenburg Storm Water Services. Wildlands is currently waiting on final approval. 8c. What source(s) did you use to make the floodplain determination?* Mecklenburg County NC Flood Insurance Rate Map (FIRM) Panel 4641, Map Number 3710464100K, effective date September 2, 2015. Miscellaneous Comments Miscellaneous attachments not previously requested. TorrenceTribl _Fig6.0-6.4_ImpactMaps.pdf Signature V By checking the box and signing below, I certify that: 2.69MB • 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: Leslie Johnson Signature Date 10/2/2019 AGENT AUTHORIZATION FORM The undersigned landowner, landowner representative, easement holder, or easement holder representative identified below hereby authorizes Wildlands Engineering, Inc. to act as the agent in obtaining a Jurisdictional Determination and/or necessary permits/certification (401/404) for the stream restoration project on the identified parcels in Mecklenburg County, North Carolina. As part of the authorization the landowner, landowner representative, easement holder or representative authorize access to Wildlands Engineering, Inc, the North Carolina Department of Environment Quality, and the US Army Corps of Engineers personnel for the evaluation of the property as it relates to the project including stream and wetland delineations. Parcel ID: 00934687, 00910127, 00910126, 00910405, 00910407, 00910406, 00924399, 00924398, 00942140, 00942139, 00942138, 00924334, 00924333, 00924332, 00924307, 00924310, 00924311, 00911263, 00942113, 00911119, 00911130, 00911131 Street Address: N/A Mailing Address: 600 East Fourth Street -11th Floor Charlotte, NC 28202 Responsible Party: Phone Number: Signature: Date: Mecklenburg County Manager's Office (POC: Leslie Johnson) 4 Assessment Area r • 0 I d W,Nff i AOL; A Q �r fIVA ,A 0 i a s F — ra( } i moo r r • 1 a 4 Cornelius USGS 7.5 Minute Topographic Quadrangle Figure 2 USGS Topographic Map �Wlkm WoA*kA WAEiRn Upper Torrence Creek Tributary No. 1 Stream Restoration STORE 0 700 1,400 Feet Catawba River Basin (HUC 03050101) WILDLANDS, , , ENGINEERING swkea Huntersville, NC Soils CeB2 - Cecil sandy clay loam, 2 to 8% slopes CeD2 - Cecil sandy clay loam, 8 to 15% slopes HeB - Helena sandy loam, 2 to 8% slopes MO - Monacan soils MeD - Mecklenburg fine sandy loam, 2 to 8% slopes WkE - Wilkes loam, 15 to 25% slopes J UTI U T2 O n F ,.1_ 2r�ei s., -w WI. a � C ' ow, u zsaro W . Ceps 4 SFS ��� � ArlagCF O Ceaae�a CF 5w �V o¢ v 2�kste. llcl t ! It - Van stratten Ct CeD DeaPeCt Delancey Tributary' Torrence Creek Tributary 1 UT6 ' . ' T5 0 Vey 10 . CeD2 MO a HeB� Y r t 7 CobbCt .w: ,. a. =Torrence Creek Tributary 1 Park NorthTributary Tribu UT7 .- Dr � pittfield Al - r - r Park South Tributary A Tooley St ,-Alp Y �, � .-_ :-" +er Ado �' ? 5t N ` Oa4 °L ponax ex, 00 A * i g 1ba�sa°Oa+ e �+ N o1anA P� ^�� O w°� rLs4,, -,W-* y� Q v� Lb Spr 4 ueobo�M° St �aFerfro�FO �� eef�SF y4� .._ 4� �aYves... rr r I i Figure 4 Soils Map 0I 500 1,0I00 Feet Upper Torrence Creek Tributary No. 1 Stream Restoration OAWA ill WILDLANDS STORM Catawba River Basin (HUC 03050101) WENGINEERING IfflWATER Senvkss Huntersville, NC ---------------------------------------------------- E ----------------- ............ A (rfar, elk ........... ........ ............................................ :: ............. 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Project Coord inates - Statesville Road : : L (35.428333 N, -80.862375 W) Project Coot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (35.433 v. . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :030501011402 .......... ........ .............................. 7 ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... ....... .......... . . . . . . . ...... ....... ......... .... ...... . . . . . . . .................... .............. ...... . . . . . . . . . . . . . C� .......... . . . . . . . . . .. ....... . . . . . .. :.......... ...... ........ I .................. ........ ....... .......... ;,, H�r ......... ............. ......... .......... :::::::: : : ........... ......... ........................................... .........................................i ........... ........... A .I .................. ...................................................................................... I•.................. .......... ........................................ .................... ............ ....... .................................................. . . . . . . . . . . .................................... .............. .......... 1� ................. . ... . . . . . . . . . . . . . awbir"WWAkm STORM W I L D L A N D S 0 0.5 1 Miles ENGINEERING WATER ktww swfcn OWA� 4.7 030401050102 2 Off Sam Furr Rd. ).846813 W) .\radan Rri A9 IM*ClUb 03040 IP50101 Oehler Nalsim Pre servo S,U ph P David V Wqmer F I yl iwj RC -QP -.,,_,I Park S - Creat R.0 BfqI$Drd I�agLanal Perk Figure 1 Vicinity Map Upper Torrence Creek Tributary No. 1 Stream Restoration Catawba River Basin (HUC 03050101) Huntersville, NC 4 Assessment Area r • 0 I d W,Nff i AOL; A Q �r fIVA ,A 0 i a s F — ra( } i moo r r • 1 a 4 Cornelius USGS 7.5 Minute Topographic Quadrangle Figure 2 USGS Topographic Map �Wlkm WoA*kA WAEiRn Upper Torrence Creek Tributary No. 1 Stream Restoration STORE 0 700 1,400 Feet Catawba River Basin (HUC 03050101) WILDLANDS, , , ENGINEERING swkea Huntersville, NC Project Parcels j Assessment Area Existing Wetlands Project Stream - Intermittent Project Stream - Perennial Non -project Stream Existing Conservation Easement Park Trails 4 ! UT"1 M .� 1 UT2 UT3 C•aja�era��t ALM Mti WM �" ��� Ricksted Tributary C` Van Stratten Ct a�eCt -- 0° fJ Park v r 0 0 k Tribl Jf V DelanctyrTributary" ` N `UT6 UT8if Torrence Creek Tributary�1 . Torrence Creek Tributary 1 c -r` — 1111aiz, + _ `- ��� F '� Park South Tributary ' Park South Tributary A Bahlt � :i+" 3 tiepr `Pi ttfield Al 'r. -FigL 41 °• ; JOE. ,.i* "il� _ T)oleySt Ct St 5 0 r I Qa 4 p L pona�dA Oa 4 0; 1ih _Y +,r w oil,'rAri��SDr � � 1#0 6 , eras d DQo1.anAP O wog° A7 .' ;' " `° 0,; v� 'yi 4,aterfro�tO otA SArIltQoto Denbo�Mest � e!!St 4� �aYve , rmr- Torrence Creek Tributary 1 North �4ani J 1 McCoy Rd w a� t7D y �R p �4 Figure 3.0 Existing Conditions Overview Site Map �WIMM Upper Torrence Creek Tributary No. 1 Stream Restoration STORE 0 500 1,000 Feet Catawba River Basin (HUC 03050101) WILDLANDS �, I ENGINEERING --- 5s,tvkea Huntersville, NC Y S Mti WM �" ��� Ricksted Tributary C` Van Stratten Ct a�eCt -- 0° fJ Park v r 0 0 k Tribl Jf V DelanctyrTributary" ` N `UT6 UT8if Torrence Creek Tributary�1 . Torrence Creek Tributary 1 c -r` — 1111aiz, + _ `- ��� F '� Park South Tributary ' Park South Tributary A Bahlt � :i+" 3 tiepr `Pi ttfield Al 'r. -FigL 41 °• ; JOE. ,.i* "il� _ T)oleySt Ct St 5 0 r I Qa 4 p L pona�dA Oa 4 0; 1ih _Y +,r w oil,'rAri��SDr � � 1#0 6 , eras d DQo1.anAP O wog° A7 .' ;' " `° 0,; v� 'yi 4,aterfro�tO otA SArIltQoto Denbo�Mest � e!!St 4� �aYve , rmr- Torrence Creek Tributary 1 North �4ani J 1 McCoy Rd w a� t7D y �R p �4 Figure 3.0 Existing Conditions Overview Site Map �WIMM Upper Torrence Creek Tributary No. 1 Stream Restoration STORE 0 500 1,000 Feet Catawba River Basin (HUC 03050101) WILDLANDS �, I ENGINEERING --- 5s,tvkea Huntersville, NC WK UT4 (97 LF) iii • �" - _ �1 ENO COO ,- UT1 (52 LF) 0 Torrence Creek Tributary 1 (2,265 LF) { D UT5 (75 LF) f D Torrence Creek Tributary 1 (701 LF)Aw nir9= v . i jPt ��� v •y# I�pl`II 4ya_ i Tooley 22,4 ph Figure 3.1 Existing Conditions Site Map 0I 100 20I0 Feet Upper Torrence Creek Tributary No. 1 Stream Restoration 0AW ill WILDLANDS STORM Catawba River Basin (HUC 03050101) WENGINEERING ATE sonfkss Huntersville, NC Project Parcels �•—•—� Assessment Area Existing Wetlands Project Stream - Intermittent Project Stream - Perennial Non -project Stream Existing Conservation Easement = Stream Classification Point (SCP#) Wetland/Upland Data Points (DP#) _ II WK UT4 (97 LF) iii • �" - _ �1 ENO COO ,- UT1 (52 LF) 0 Torrence Creek Tributary 1 (2,265 LF) { D UT5 (75 LF) f D Torrence Creek Tributary 1 (701 LF)Aw nir9= v . i jPt ��� v •y# I�pl`II 4ya_ i Tooley 22,4 ph Figure 3.1 Existing Conditions Site Map 0I 100 20I0 Feet Upper Torrence Creek Tributary No. 1 Stream Restoration 0AW ill WILDLANDS STORM Catawba River Basin (HUC 03050101) WENGINEERING ATE sonfkss Huntersville, NC Project Parcels Assessment Area Existing Wetlands Project Stream - Intermittent Project Stream - Perennial Non -project Stream Existing Conservation Easement Park Trails -, Stream Classification Point (SCP#) =- Wetland/Upland Data Points (DP#) Stratten.t y Tributary (207 LF) 4 UT6 (83 qd NV +�5[jµ�jms� , ' ii��11 • K +4 �i 1i 3 S. -le I Adr Y f', Torrence Creek Tributary 1 (2,265 LF) 1R - - �r UT7 (155 LF) -' •��. � � D _ �` ,. e e ♦ r 01 Jff(I ................. ...... u0�,�� ' a 0 EM' H (0.041 AC) ei Figure 3.2 Existing Conditions Site Map 0I 125 25I0 Feet Upper Torrence Creek Tributary No. 1 Stream Restoration ONA ill WILDLANDS STORM Catawba River Basin (HUC 03050101) ENGINEERING ATE sonfkss Huntersville, NC Project Parcels Assessment Area Existing Wetlands Project Stream - Intermittent Ricksted Tributary (457 LF) F Project Stream - Perennial Non -project Stream Existing Conservation Easement a? . -1 Park Trails,'} =- Stream Classification Point (SCP#) y =- Wetland/Upland Data Points (DP#) .r irk Torrence Creek Tributary 1 (1,061 LF) UT8 (79 LF) 11. _ ■ ._ Park South Tr butary (1,193 LF) i� Q, C4� Av f' I. PfQ'�l calk F �{ . , SCP16 Figure 3.3 Existing Conditions Site Map 0I 150 30I0 Feet Upper Torrence Creek Tributary No. 1 Stream Restoration ONA ill WILDLANDS STORM Catawba River Basin (HUC 03050101) WENGINEERING ATE sonfkss Huntersville, NC G - , Project Parcels . j Assessment Area , ` Existing Wetlands Project Stream - Intermittent - Project Stream - Perennial'`` Non -project Stream Existing Conservation Easement Park Trails -, Stream Classification Point (SCP#) =- Wetland/Upland Data Points (DP#) At + �F� 7 ;. di Torrence Creek Tributallllllllllllry 1 (94 LF) ► t , Q. �r Torrence Creek Tributary 1 (126 LF) zFw Figure 3.4 Existing Conditions Site Map Upper Torrence Creek Tributary No. 1 Stream Restoration WOAWA N WSAEMiRn ►�OR0 150 300 Feet Catawba River Basin (HUC 03050101) WILDLANDS, ENGINEERING sonfkss Huntersville, NC Soils CeB2 - Cecil sandy clay loam, 2 to 8% slopes CeD2 - Cecil sandy clay loam, 8 to 15% slopes HeB - Helena sandy loam, 2 to 8% slopes MO - Monacan soils MeD - Mecklenburg fine sandy loam, 2 to 8% slopes WkE - Wilkes loam, 15 to 25% slopes J UTI U T2 O n F ,.1_ 2r�ei s., -w WI. a � C ' ow, u zsaro W . Ceps 4 SFS ��� � ArlagCF O Ceaae�a CF 5w �V o¢ v 2�kste. llcl t ! It - Van stratten Ct CeD DeaPeCt Delancey Tributary' Torrence Creek Tributary 1 UT6 ' . ' T5 0 Vey 10 . CeD2 MO a HeB� Y r t 7 CobbCt .w: ,. a. =Torrence Creek Tributary 1 Park NorthTributary Tribu UT7 .- Dr � pittfield Al - r - r Park South Tributary A Tooley St ,-Alp Y �, � .-_ :-" +er Ado �' ? 5t N ` Oa4 °L ponax ex, 00 A * i g 1ba�sa°Oa+ e �+ N o1anA P� ^�� O w°� rLs4,, -,W-* y� Q v� Lb Spr 4 ueobo�M° St �aFerfro�FO �� eef�SF y4� .._ 4� �aYves... rr r I i Figure 4 Soils Map 0I 500 1,0I00 Feet Upper Torrence Creek Tributary No. 1 Stream Restoration OAWA ill WILDLANDS STORM Catawba River Basin (HUC 03050101) WENGINEERING IfflWATER Senvkss Huntersville, NC d 0 PARCEL ID OWNER NAME 00934687 IATION INC., MONTEITH PARK HOMEOWNERS ASSOC. 00910127 IATION INC., MONTEITH PARK HOMEOWNERS ASSOC. 00910126 MONTEITH PARK HOMEOWNERS ASSOC, INC. 00910405 ARBOR RIDGE AT HUNTERSVILLE, LLC. 00910407 ARBOR RIDGE AT HUNTERSVILLE, LLC. 00910406 ARBOR RIDGE AT HUNTERSVILLE, LLC. 00924399 HAMPTON ATNORTHCROSS, HOMEOWNERS ASSOC, INC. 00924398 FIVE- H LAND CO., INC. 00942140 REGISTER, BRIAN DOUGLAS &JENNY L. LEWIS-REGISTER 00942139 DAUM, ROBERTS. & HEIDI BERTINO-DAUM 00942138 GRIFFITH, MICHELLE YOLANDA 00924334 LLOYD, DAVID R. & KRIS A. 00924333 WILLINGHAM, CORNELIUS VERNON, JR & MICHELLE 00924332 HAMRICK, CHRISTOPHER & MARY 00924307 JONES, WILLIAM E. & ELIZABETH D. 00924310 HOSKINS, ANTHONY W. & DIANE M. 00924311 KUNZ, TODD & JOANNA 00911263 SHARMA, SUNIL & SHERRIL G 00942113 EARL, TRENTON D & MEREDITH W 00911119 MECKLENBURG COUNTY 00911130 IMECKLENBURG COUNTY 00911131 1 MECKLENBURG COUNTY W 1P1 0- o a° a° 00924332 00924333 do "rs 00924334 d� 00924399 0406 �f�jmO ]ri 00910407 . Fi, �� Ca\\icot�Yto��t • n �N a.. j 00911263 a t Ge""e�c 00942113 00924311 00934687 00910127 _ 00911131€ " .+jam g EP M \ \ a ✓ --do a4a G°t 00911119 f' A 00911130 X Amber Field Dr e r � a°o 5 00910126 ` q° TaG`S 4 `F ro�St C ga�Os DObibey O 00910405 r �. .♦ t° ..s t _ a F -o • . ,� �' $j�yY) Assessment Area l Project Parcels a ,1 Limits of Disturbance Existing Wetlands SPP 4'1, �Fd`P�,. �APw Project Stream - Intermittent { t` Project Stream - Perennial Non -project Stream Existing Conservation Easement Y. Idl e, 0 J Figure 5 Parcel Owner Map K',k, W I L D L A N D S STORM Upper Torrence Creek Tributary No. 1 Stream Restoration Catawba River Basin (HUC 03050101) E N G I N E E R I N G ,-,F.,.WATER 0 550 1,100 Feet Huntersville, NC I i I Project Parcels Project Area Existing Wetlands Wetland Impacts (W#) Project Stream - Intermittent c Project Stream - Perennial Non -project Streams Stream Impacts (S#) Existing Conservation Easement Park Trails n -n ma w ��ee�AOLr74 " p cObbct Torrence Creek Tiributary 1 0 .Wi tem G '•„ac( ' � �saro IV, 4 e 1 i Zviib utary,1 '+ NorthdownsLn ., V Ricksted Tributary Q` Delancey Tributary ee�t Park North a' y o q - Tributary" v si Torrence Creek Tributary 1.N9 , a o a9 _, U T6 to � r r+' hleco rd Rd _ _ Torrence Creek Tributary 1 t i • '� Park South Tributary v R!►, ' Park South Tributary A Bank _ �. "Pi afield Al yT)oleySt '•'�t-'r':r. ta.. ,L ` Tyi44 t�_ . + • L pona�ds°n A� % " �/ Oaw`r ALA ; �<ih !4a # • � �# � � ° O c M a+ 2j �Ys i '0rlo ■ •Sz .Isr co 'o Q dA, O Lla 2;.0r4eards , 4#s T StiQ° ti�Y ,4''�4.T ~ /4t.*' .� � olan ? n wo A7 a y� 9 S »' 3 • ftp DevboxMest Ce��oorD^ 5 77 441. ! .-. C Fta e _ yE A Chrb�r�t cRk tun STORM 0 500 1,000 Feet WILDLANDSN, I I ENGINEERING ER swfc a Figure 6.0 PCN Impacts Overview Map Upper Torrence Creek Tributary No. 1 Stream Restoration Catawba River Basin (HUC 03050101) Huntersville, NC Project Parcels Project Area Existing Wetlands Wetland Impacts (W#) Project Stream - Intermittent Project Stream - Perennial R' Non -project Streams Stream Impacts (S#) Existing Conservation Easement Sewerline • Stream Impacts Breaks kAMON "1� EhrrJa�rIt�cRk tun WILDLANDS STORM ENGINEERING I-9WATER --5s�vkea W4..0.0.r9 Tempo1ary AC Figure 6.1 PCN Impacts Site Map 0 100 200 Feet Upper Torrence Creek Tributary No. 1 Stream Restoration I i I Catawba River Basin (HUC 03050101) Huntersville, NC - . V� 1, r kAMON "1� EhrrJa�rIt�cRk tun WILDLANDS STORM ENGINEERING I-9WATER --5s�vkea W4..0.0.r9 Tempo1ary AC Figure 6.1 PCN Impacts Site Map 0 100 200 Feet Upper Torrence Creek Tributary No. 1 Stream Restoration I i I Catawba River Basin (HUC 03050101) Huntersville, NC Project Parcels ! i— - L _ _i Project Area 4� Existing Wetlands { Wetland Impacts (W#) A+ Project Stream - Intermittent Van Stratten Ct Project Stream - Perennial Ct Non -project Streams At Stream Impacts (S#) Existing Conservation Easement Sewerline - • Stream Impacts Breaks r ' 7 Bankside Dr Mal f _ r F jr O ,r, ary ,&L.I i% a �d - y d-le._i A p l' Figure 6.2 PCN Impacts Site Map �W" Upper Torrence Creek Tributary No. 1 Stream Restoration STORE 0 125 250 Feet Catawba River Basin (HUC 03050101) WILDLANDS I I ENGINEERING WATER swkea Huntersville, NC 7 + fix. r ff { kl ri tz- — S26 -289 LF Permanent S4 - 375 LF'- {f Permanent F, S5 - 62 LF - r'} S6 - 160 LF I' Temporary, fi 11 Permanent S18-124 LF 527 -40 LF fi - -----'-� Permanent rf== F Temporary r: ' S17 - 4 LF'J • - _ Permanent r'f [Pat u —7 — � - y / S16-3LF, S24 - 100 LF /Permanent` }f" S7-136 LF .�f} Permanent TemporPer!i • x,, aryl\ +! _ S23 - 140 LF �x Permanent �- x t S21;-5LF `xx S14= WILDLANDS STORM ENGINEERING WATER 5e�vkea Figure 6.4 PCN Impacts Site Map 0 150 300 Feet Upper Torrence Creek Tributary No. 1 Stream Restoration I i I Catawba River Basin (HUC 03050101) Huntersville, NC United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 September 3, 2019 Kristi Suggs Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, North Carolina 28203 Dear Ms. Suggs: Subject: Upper Torrence Creek Tributary 1 Stream Restoration Project; Mecklenburg County, North Carolina Log No. 4-2-19-325 The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated July 25, 2019 wherein you solicit comments regarding potential impacts to federally protected species that may result from the proposed project. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, the proposed project aims to restore and enhance approximately 6,700 linear feet of stream channel (unnamed tributary to Upper Torrence Creek in Huntersville, North Carolina. The proposed work area and adjacent uplands are dominated by residential and commercial developments. Your correspondence indicated that no federal agencies are involved in funding or authorizing this action. However, it appears that the proposed work would require U.S. Army Corps of Engineers authorization for proposed impacts to waters of the U.S. and possibly authorization from Federal Emergency Management Agency for associated floodplain impacts. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the project area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule for this species. In the interest of protecting habitats for this and other species, tree removal should be selective and clearing of vegetation should be minimized to what is necessary to provide healthy streambank and bed habitats. Reaches with well -vegetated riparian areas should be first considered for preservation, rather than for restoration or enhancement activities to preclude unwarranted disturbances to existing habitats. We encourage you to avoid associated tree clearing activities during the maternity roosting season from May 15 — August 15, and particularly during the pup season (June 1 — July 31). On behalf of applicable action agencies, you have determined that the proposed work will have no effect on any other federally protected species. Please be aware that in accordance with the Act, it is the responsibility of the appropriate federal agency or its designated representative to review its activities or programs and to identify any such activities or programs that may affect endangered or threatened species or their habitats. If it is determined that the proposed activity may adversely affect any species federally listed as endangered or threatened, formal consultation with this office must be initiated. We offer the following general recommendations in the interest of protecting natural resources: Stream Channel and Bank Restoration A natural, stable stream system is one that is able to transport a wide range of flows and associated sediment bed load while maintaining channel features and neither degrading nor aggrading. Alterations to the dimension, pattern, or profile of the stream channel as well as changes to streambank vegetation, floodplains, hydrology, or sediment input can significantly alter this equilibrium. We understand that this stream reach is highly modified, and restoring the site to a natural state may not be feasible. Still we offer the following recommendations: 1. Only the absolute minimum amount of work should be done within stream channels to accomplish necessary reconstruction. The amount of disturbance to in -stream and riparian areas should not exceed what will be stabilized by the end of the workday. Restoration plans should account for the constraints of the site and the opportunities to improve stream pattern, dimension, and profile with minimal disturbance. 2. Reconstruction work should follow natural channel design methodologies that are based on the bank -full, or channel -forming, stage of the stream. Bank -full stage maintains the natural channel dimensions and transports the bulk of sediment over time. Natural channel conditions should be identified using a reference reach (nearby stream reaches that exemplify restoration goals). Restoration design should match the pattern, dimension, and profile of the reference reach to ensure the project's success. The Service is available to assist with the identification of reference reaches. All work in or adjacent to stream waters should be conducted in a dry work area to the extent possible. Sandbags, cofferdams, bladder dams, or other diversion structures should be used to prevent excavation in flowing water. These diversion structures should be removed as soon as the work area is stable. 4. Equipment should not be operated in the stream unless absolutely necessary. Machinery should be operated from the banks in a fashion that minimizes disturbance to woody vegetation. Equipment should be: (a) washed to remove any contaminant residue prior to project construction, (b) in good working order, and (c) checked to ensure there are no leaks of potential contaminants (such as oil or other lubricants) prior to and during construction. 5. Streambanks with deep-rooted woody vegetation are the most stable, and stream restoration efforts should incorporate the use of native vegetation adapted to the site conditions. Live dormant stakes may be used to reestablish root structure in riparian areas. In areas where banks are severely undercut, high, and steep, whole -tree revetment or rock may be used as a stabilization treatment (small rock, gravel, sand, and dirt are not recommended due to their erosive nature), and it should not extend above the bank -full elevation (the elevation of the channel where the natural floodplain begins). Deep -rooting woody vegetation should be established along banks where any channel work is accomplished. Tree and shrub plantings should be spaced at intervals no greater than 10 feet along banks. Vegetated riparian zone widths should be as wide as practical but should extend at least 30 feet from the stream channel. 6. Adequate measures to control sediment and erosion must be implemented prior to any ground -disturbing activities in order to minimize effects on downstream aquatic resources. In North Carolina, non -cohesive and erosion -prone soils are most common in the felsic-crystalline terrains of the mountain and upper piedmont regions. Therefore, reconstruction work should be staged such that disturbed areas would be stabilized with seeding, mulch, and/or biodegradable (coir) erosion -control matting prior to the end of each workday. No erosion -control matting or blankets should contain synthetic (netting) materials as they trap animals and can persist in the environment beyond their intended purpose. Matting should be secured in place with staples; stakes; or, wherever possible, live stakes of native trees. If rain is expected prior to temporary seed establishment, additional measures should be implemented to protect water quality along slopes and overburden stockpiles (for example, stockpiles may be covered with plastic or other geotextile material and surrounded with silt fencing). The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 42225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-19-351. Sincerely, - - original signed - - Janet Mizzi Field Supervisor North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. I Iamilton August 23, 2019 Kristi Suggs Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Office of Archives and History Deputy Secretary Kevin Cherry Re: Upper Torrence Creek Tributary 1 Stream Restoration, Huntersville, Mecklenburg County, ER 19-2373 Dear Ms. Suggs: Thank you for your letter of July 25, 2019, concerning the above project. 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 Bartos, Deputy V State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 WILDLANDS ENGINEERING July 25, 2019 Renee Gledhill -Earley State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Email: Environmental.Review@ncdcr.gov Subject: Request for Review and Comment Upper Torrence Creek Tributary No. 1 Stream Restoration Project Huntersville, North Carolina Dear Ms. Gledhill -Earley: On behalf of Charlotte -Mecklenburg Storm Water Services (CMSWS), Wildlands Engineering (Wildlands) is hereby contacting the North Carolina State Historic Preservation Office (SHPO) regarding the presence of any historic, archaeologic, or cultural resources within the referenced project area. The stream restoration project is located along Upper Torrence Creek Tributary 1 and four of its tributaries from Highway 1-77 to North Mecklenburg Park and from North Mecklenburg Park along sewer line to a private drive off Sam Furr Rd. (Figure 1). The project is designed to improve stream stability, reduce sediment loading, improve in -stream aquatic habitat, reconnect the stream to its floodplain, and establish a native riparian corridor, as well as implement a variety of storm drainage improvements within an established residential neighborhood and retrofit various failing bike trail crossings within North Mecklenburg Park. The project site includes stream work on approximately 6,700 existing linear feet (LF) along Upper Torrence Creek Tributary No. 1 and four of its tributaries. Stream work throughout the project corridor is comprised of a mix of Priority II Restoration, Enhancement I, and bank stabilization measures. Construction will include localized areas of excavation for new channel alignments and/or floodplain benches, localized bank grading, the implementation of vegetative bank stabilization measures, as well as the placement of in -stream habitat and grade control structures. The restored stream corridors will be planted with native riparian vegetation. Construction of this project will affect jurisdictional waters of the U.S. and require Section 404/401 permitting. Structures within or immediately adjacent to the project area include sewerlines and manholes, road culverts, bike trails, permanent stream crossings, recreational park amenities, storm drainage infrastructure, and residential fences. See the included photolog for representative depictions of structures found within the project area. The surrounding land use includes forest, an existing stream restoration project, a Mecklenburg County park, and residential communities. Site coordinates for the center of the project area are (35.433144°N, -80.852342°W). The project area footprint is approximately 14 acres. The attached USGS Site Location Map (Figure 2) illustrates the approximate location of the project area. The figure was prepared from the Cornelius, NC, 7.5 -Minute USGS Topographic Quadrangle. No architectural structures or archaeological artifacts were observed or noted within the project area during preliminary surveys of the site for restoration purposes. Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 kt� WILDLANDS ENGINEERING Please provide comment concerning the project's impact on any historic, archaeologic, or cultural resources. 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 extent of site disturbance associated with this project. Sincerely, Kristi Suggs Senior Environmental Scientist ksuggs@wildlandseng.com 704-332-7754 x110 Attachment: Figure 1: Site Location Map Figure 2: USGS Topographic Map Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 DN '011!AS_104unH _ +►'t JNI?J�3NIJN3 (TOTO uoljej jsa Dea U1ST ' N Aj eqmellnq!ji D leeA 000` L 009 0 HOIS S Q N v '-I Q ' I I 1�(1 44% uoi�eao�sa�{ uaeaajs � 'ON /�.le�ngial IaaaD aauaaaol aaddn deW DI!S T ain2lij Y ,1 1 Toe i 4 } �} im r - +w°�lr - s JJ - f .1 F . x ~;xx lu8ua8se3 uoiIenaasuoD 6uiIsix3 r uieldpoo1=1 jA-006 VW3=1 a 0 vi,,R.l ' „ °i i spuBROM 6UIISIX3 sweeilS loafoid-uoN x f ,- x x Bead 138fad ' M1 J _ 4 i� f .1 F . x ~;xx lu8ua8se3 uoiIenaasuoD 6uiIsix3 r uieldpoo1=1 jA-006 VW3=1 a 0 vi,,R.l ' „ °i i spuBROM 6UIISIX3 sweeilS loafoid-uoN x f ,- x x Bead 138fad ' M1 J _ 4 Project Area, � r 60 �J f • } If &V..%L If r ChWIJ WILDLANDS STORM ENGINEERING WATER'� 5en II, =S � I' / f, * # } 6 w k - 411# ' 4s* Road + + � • lig f t I F y LSornelius USGS 7.5 Minute Topographic Quadrangle ` Figure 2 USGS Topographic Map 0 700 1,400 Feet Upper Torrence Creek Tributary No. 1 Stream Restoration I i I Catawba River Basin (HUC 03050101) Huntersville, NC Upper Torrence Creek Tributary No. 1 Stream Restoration Project Representative Site Structure Photos 1-77 Double Box Culvert Statesville Road Double Box Culvert 1 Upper Torrence Creek Tributary No. 1 Stream Restoration Project Representative Site Structure Photos Overhead Power Line Overhead Power Line Upper Torrence Creek Tributary No. 1 Stream Restoration Project Representative Site Structure Photos Sewerline Stream crossing culvert — Corrugated metal pipe Upper Torrence Creek Tributary No. 1 Stream Restoration Project Representative Site Structure Photos Piped creek - Corrugated metal pipe Trail crossing—Corrugated metal pipe Upper Torrence Creek Tributary No. 1 Stream Restoration Project Representative Site Structure Photos b� f � a IiF V � 1 7 r� 4 Stormdrainge outfall —Corrugated Plastic pipe Stormdrainage swale (Rip rap) and Residential split rail fence k, ?4179 Kk �.Ilk - -�ji- Upper Torrence Creek Tributary No. 1 Stream Restoration Project Representative Site Structure Photos Residential backyards abutting stream channel WILDLANDS ENGINEERING July 25, 2019 Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zilicoa Street Asheville, North Carolina 28801 Email: boron hamstead@fws.gov Subject: Request for Review and Comment IPAC Consultation Code: 04EN1000-2019-SLI-0483 Upper Torrence Creek Tributary No. 1 Stream Restoration Project Huntersville, North Carolina Dear Mr. Hamstead: On behalf of Charlotte -Mecklenburg Storm Water Services (CMSWS), Wildlands Engineering (Wildlands) is hereby contacting the US Fish and Wildlife Service (FWS) to request review and comment on any possible issues that might emerge with respect to endangered species, migratory birds, or other trust resources associated with a potential stream restoration project. The stream restoration project is located along Upper Torrence Creek Tributary 1 and four of its tributaries from Highway 1-77 to North Mecklenburg Park and from North Mecklenburg Park along a sewer line to a private drive off Sam Furr Rd. (Figure 1). The project is designed to improve stream stability, reduce sediment loading, improve in -stream aquatic habitat, reconnect the stream to its floodplain, and establish a native riparian corridor, as well as implement a variety of storm drainage improvements within an established residential neighborhood and retrofit various failing bike trail crossings within North Mecklenburg Park. The surrounding land use includes forest, an existing stream restoration project, a Mecklenburg County park, and residential communities. Site coordinates for the center of the project area are (35.433144°N, - 80.852342°W). The project area footprint is approximately 14 acres. The attached USGS Site Location Map (Figure 2) illustrates the approximate location of the project area. The figure was prepared from the Cornelius, NC, 7.5 -Minute USGS Topographic Quadrangle. The project site includes stream work on approximately 6,700 existing linear feet (LF) of Upper Torrence Creek Tributary No. 1 and four of its tributaries. Stream work throughout the project corridor is comprised of a mix of Priority II Restoration, Enhancement I, and bank stabilization measures. Construction will include localized areas of excavation for new channel alignments and/or floodplain benches, localized bank grading, the implementation of vegetative bank stabilization measures, as well as the placement of in -stream habitat and grade control structures. The restored stream corridors will be planted with native riparian vegetation. Construction of this project will affect jurisdictional waters of the U.S. and require Section 404/401 permitting. Based on a resource list generated from the US FWS IPAC website there are five (5) Federally Threatened or Endangered Species that may be present in or near the proposed project boundaries. They are the Northern Long-eared Bat (Myotis septentrionalis), the Carolina Heelsplitter (Lasmigona decorata), the Michaux's sumac (Rhus michauxii), the Schweinitz's sunflower (Helianthus schweinitzii), and the smooth coneflower (Echinacea laevigata). No critical habitat has been designated for the Northern long-eared Bat (NLEB), the Michaux's sumac, the Schweinitz's sunflower, nor the smooth coneflower. Critical habitat has been designated for the Carolina heelsplitter; however, the project resides outside of the critical habitat. Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 kt� WILDLANDS ENGINEERING Pedestrian Survey A pedestrian survey was conducted on May 30 and 31, 2019. Results of the survey found areas of potential summer roosting for the NLEB and areas of marginal to suitable habitat for the Schweinitz's sunflower, the smooth coneflower, and the Michaux's sumac. No areas of suitable habitat were found for the Carolina Heelsplitter due to excessive sedimentation and active erosion occurring within and downstream of the project reaches. No individuals or populations of any of the above referenced species were documented on- site. IPAC Regulatory Review On July 25, 2019, a regulatory project review was conducted for the project site using the USFWS' online Information for Planning and Consultation (IPAC) determination key. A result determination was obtained for the NLEB; however, a manual determination is required for the remaining above referenced species. Biological Determinations Northern Long -Eared Bat: "May affect, not likely to adversely affect" Based on results from this review process (IPaC Record Locator: 718-17600098) "any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(0)". Official consistency documentation letter generated from the website is included. Carolina Heelsplitter: "No Effect" Smooth Coneflower: "No Effect" Michaux's sumac: "No Effect" Schweinitz's sunflower: "No Effect" Though the survey was performed outside of the blooming season for the sunflower, no populations resembling the species were found on-site; therefore, Wildlands is confident with the determination of "no effect" outside of the blooming season for that species. Please provide review and comment concerning the above referenced biological conclusions, as well as any possible issues that might emerge with respect to endangered species, migratory birds, or other trust resources from the proposed project. If we have not heard from you in 45 days, we will assume that our findings are correct and that you do not have any comments regarding associated laws or 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. Si'-nnc�er�elly, Kristi Suggs Senior Environmental Scientist ksuggs@wildlandseng.com 704-332-7754 x110 Attachment: Figure 1: Site Location Map Figure 2: USGS Topographic Map Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 DN '011!AS_104unH _ +►'t JNI?J�3NIJN3 (TOTO uoljej jsa Dea U1ST ' N Aj eqmellnq!ji D leeA 000` L 009 0 HOIS S Q N v '-I Q ' I I 1�(1 44% uoi�eao�sa�{ uaeaajs � 'ON /�.le�ngial IaaaD aauaaaol aaddn deW DI!S T ain2lij Y ,1 1 Toe i 4 } �} im r - +w°�lr - s JJ - f .1 F . x ~;xx lu8ua8se3 uoiIenaasuoD 6uiIsix3 r uieldpoo1=1 jA-006 VW3=1 a 0 vi,,R.l ' „ °i i spuBROM 6UIISIX3 sweeilS loafoid-uoN x f ,- x x Bead 138fad ' M1 J _ 4 i� f .1 F . x ~;xx lu8ua8se3 uoiIenaasuoD 6uiIsix3 r uieldpoo1=1 jA-006 VW3=1 a 0 vi,,R.l ' „ °i i spuBROM 6UIISIX3 sweeilS loafoid-uoN x f ,- x x Bead 138fad ' M1 J _ 4 Project Area j I Q a 0 J 0 TSP dohlb .. * "` ► � . -mac �' � f F Cornelius USGS 7.5 Minute Topographic Quadrangle Ai 4a � 0 Figure 2 USGS Topographic Map �Wkim WOA*,A WAEiRn Upper Torrence Creek Tributary No. 1 Stream Restoration STORE 0 700 1,400 Feet Catawba River Basin (HUC 03050101) WILDLANDS, ENGINEERING swkea Huntersville, NC %. United States Department of the Interior14 FISH AND WILDLIFE SERVICE 104� Asheville Ecological Services Field Office ' 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 hitp://www.fws.gov/nc-es/es/couMfr.html IPaC Record Locator: 718-17600098 July 25, 2019 Subject: Consistency letter for the 'Upper Torrence Creek Tributary #1 Stream Restoration Project' project indicating that any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR § 17.40(0). Dear KRISTI SUGGS: The U.S. Fish and Wildlife Service (Service) received on July 25, 2019 your effects determination for the 'Upper Torrence Creek Tributary #1 Stream Restoration Project' (the Action) using the northern long-eared bat (Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC) system. You indicated that no Federal agencies are involved in funding or authorizing this Action. This IPaC key assists users in determining whether a non - Federal action may cause "take"M of the northern long-eared bat that is prohibited under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.). Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR § 17.40(0). Unless the Service advises you within 30 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Please report to our office any changes to the information about the Action that you entered into IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick northern long-eared bats that are found during Action implementation. If your Action proceeds as described and no additional information about the Action's effects on species protected under the ESA becomes available, no further coordination with the Service is required with respect to the northern long-eared bat. The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species that also may occur in your Action area: • Carolina Heelsplitter, Lasmigona decorata (Endangered) • Michaux's Sumac, Rhus michauxii (Endangered) 07/25/2019 IPaC Record Locator: 718-17600098 • Schweinitz's Sunflower, Helianthus schweinitzii (Endangered) • Smooth Coneflower, Echinacea laevigata (Endangered) You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. [I ]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct [ESA Section 3(19)]. 07/25/2019 IPaC Record Locator: 718-17600098 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Upper Torrence Creek Tributary #1 Stream Restoration Project 2. Description The following description was provided for the project 'Upper Torrence Creek Tributary #1 Stream Restoration Project': The stream restoration project is located along Upper Torrence Creek Tributary 1 and four of its tributaries from Highway I-77 to North Mecklenburg Park and from North Mecklenburg Park along sewer line to a private drive off Sam Furr Rd. (Figure 1). The project is designed to improve stream stability, reduce sediment loading, improve in -stream aquatic habitat, reconnect the stream to its floodplain, and establish a native riparian corridor, as well as implement a variety of storm drainage improvements within an established residential neighborhood and retrofit various failing bike trail crossings within North Mecklenburg Park. Approximate location of the project can be viewed in Google Maps: https://www. og_ogle.com/ maps/place/35.42949391351041N80.85956852597191 W 5 Wair�,t•v. 4y.F n f J_ CaUnk - Determination Key Result This non -Federal Action may affect the northern long-eared bat; however, any take of this species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR § 17.40(o). Determination Key Description: Northern Long-eared Bat 4(d) Rule 07/25/2019 IPaC Record Locator: 718-17600098 This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision. This key is intended for actions that may affect the threatened northern long-eared bat. The purpose of the key for non -Federal actions is to assist determinations as to whether proposed actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule. If a non -Federal action may cause prohibited take of northern long-eared bats or other ESA -listed animal species, we recommend that you coordinate with the Service. 07/25/2019 IPaC Record Locator: 718-17600098 5 Determination Key Result Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR § 17.40(o). Qualification Interview 1. Is the action authorized, funded, or being carried out by a Federal agency? No 2. Will your activity purposefully Take northern long-eared bats? No 3. Is the project action area located wholly outside the White -nose Syndrome Zone? Automatically answered No 4. Have you contacted the appropriate agency to determine if your project is near a known hibernaculum or maternity roost tree? Location information for northern long-eared bat hibernacula is generally kept in state Natural Heritage Inventory databases — the availability of this data varies state -by -state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. A web page with links to state Natural Heritage Inventory databases is available at www.fws.gov/midwest/endangered/mammals/nleb/ nhisites.html. Yes 5. Will the action affect a cave or mine where northern long-eared bats are known to hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or other alteration) of a hibernaculum? No 6. Will the action involve Tree Removal? Yes 7. Will the action only remove hazardous trees for the protection of human life or property? No 07/25/2019 IPaC Record Locator: 718-17600098 6 Will the action remove trees within 0.25 miles of a known northern long-eared bat hibernaculum at any time of year? No 9. Will the action remove a known occupied northern long-eared bat maternity roost tree or any trees within 150 feet of a known occupied maternity roost tree from June 1 through July 31? No 07/25/2019 IPaC Record Locator: 718-17600098 7 Project Questionnaire If the project includes forest conversion, report the appropriate acreages below. Otherwise, type `0' in questions 1-3. 1. Estimated total acres of forest conversion: z 2. If known, estimated acres of forest conversion from April 1 to October 31 0 3. If known, estimated acres of forest conversion from June 1 to July 31 0 If the project includes timber harvest, report the appropriate acreages below. Otherwise, type `0' in questions 4-6. 4. Estimated total acres of timber harvest 0 5. If known, estimated acres of timber harvest from April 1 to October 31 0 6. If known, estimated acres of timber harvest from June 1 to July 31 0 If the project includes prescribed fire, report the appropriate acreages below. Otherwise, type `0' in questions 7-9. 7. Estimated total acres of prescribed fire 0 8. If known, estimated acres of prescribed fire from April 1 to October 31 0 9. If known, estimated acres of prescribed fire from June 1 to July 31 0 If the project includes new wind turbines, report the megawatts of wind capacity below. Otherwise, type `0' in question 10. 07/25/2019 IPaC Record Locator: 718-17600098 10. What is the estimated wind capacity (in megawatts) of the new turbine(s)? .:.7. NSA & W11J J1*. United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 hitp://www.fws.gov/nc-es/es/couMfr.html In Reply Refer To: July 25, 2019 Consultation Code: 04EN1000-2019-SLI-0483 Event Code: 04EN1000-2019-E-01237 Project Name: Upper Torrence Creek Tributary #1 Stream Restoration Project Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc_counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations httas://www.fws.siov/asheville/htmis/r)roiect review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws. gov/asheville/htmis/prof ect_review/NLEB_in_"C.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 07/25/2019 Event Code: 04EN 1 000-2019-E-01 237 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project_review/assessment_guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-libraQL/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// 07/25/2019 Event Code: 04EN 1 000-2019-E-01 237 3 www.fws. o.mi rg atorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws. omi rorybirds/CurrentBirdIssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 07/25/2019 Event Code: 04EN 1 000-2019-E-01 237 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 07/25/2019 Event Code: 04EN 1 000-2019-E-01 237 Project Summary Consultation Code: 04EN1000-2019-SLI-0483 Event Code: 04EN1000-2019-E-01237 Project Name: Upper Torrence Creek Tributary #1 Stream Restoration Project Project Type: STREAM / WATERBODY / CANALS / LEVEES / DIKES Project Description: The stream restoration project is located along Upper Torrence Creek Tributary 1 and four of its tributaries from Highway I-77 to North Mecklenburg Park and from North Mecklenburg Park along sewer line to a private drive off Sam Furr Rd. (Figure 1). The project is designed to improve stream stability, reduce sediment loading, improve in -stream aquatic habitat, reconnect the stream to its floodplain, and establish a native riparian corridor, as well as implement a variety of storm drainage improvements within an established residential neighborhood and retrofit various failing bike trail crossings within North Mecklenburg Park. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. 0000gle.com/mgps/place/35.42949391351041N80.85956852597191 W Counties: Mecklenburg, NC KA 07/25/2019 Event Code: 04EN 1 000-2019-E-01 237 3 Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws. _og v/ecp/species/9045 Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws. _og v/ecp/species/3534 07/25/2019 Event Code: 04EN1 000-2019-E-01 237 4 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws. og v/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws. og v/ecp/species/3473 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 07/25/2019 Event Code: 04EN 1 000-2019-E-01 237 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E -bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws. _og v/ecp/species/1626 Blue -winged Warbler Vermivora pinus Breeds May This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Jun 30 (BCRs) in the continental USA 07/25/2019 NAME Event Code: 04EN 1 000-2019-E-01 237 BREEDING SEASON Eastern Whip -poor -will Antrostomus vociferus Breeds May This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability Of Presence Summary Breeds May 10 to Sep 10 Breeds elsewhere Breeds May 10 to Aug 31 The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the l Okm grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4 -week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum 07/25/2019 Event Code: 04EN 1 000-2019-E-01 237 3 probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the IOkm grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle +++++40 .++++ ++++ ++�+ ++++—�— --+� +++' ++++ +—++ —+++ Non -BCC Vulnerable Blue -winged Warbler ++++ ++++ ++++ +++,��'� ����—�— --+— +'++ ++++ +—+++++ BCC - BCR wall ern Whip -Poor- ++++ ++++ ++++ ++++���� Jill 1111 ���— ++++ ++++ +—+++++ BCC Rangcwidc (CON) Prairie Warbler MENMEQ —+— ++++ ++++ +—+++++ BCC Rangcwidc (CON) ++++ ++++ ++++ ++�� M iiiJill Red-headed pol pop I Jill +� Woodpecker +++, +,$' ++++ ++++ + ++++'+++ +—"+++ BCC Rangcwidc (CON) ME MEN Rusty Blackbird ++ ++++ ++—+ ++++ — — — — --+— ++++ +-4--4--+- BCC Rangcwidc (CON) Wood Thrush ++++ ++++ ++++ +++' +'—' ++1"" 6k, — ++++ "++ +-++ +++ BCC Rangcwidc (CON) 07/25/2019 Event Code: 04EN 1 000-2019-E-01 237 Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws. o� rg ato , bry irds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the I Okm grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? 07/25/2019 Event Code: 04EN 1 000-2019-E-01 237 5 The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical 07/25/2019 Event Code: 04EN 1 000-2019-E-01 237 6 Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 07/25/2019 Event Code: 04EN 1 000-2019-E-01 237 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Armorps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER FORESTED/SHRUB WETLAND • PFOIA • PSSIA RIVERINE • R2UBHx • R4SBC • R4SBCx