HomeMy WebLinkAbout20191748 Ver 1_PCN Form Submission_20191220DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned * Version#*
20191748 1
Is a payment required for this project?*
r No payment required What amout is owed?*
r Fee received IT $240.00
r Fee needed - send electronic notification r $570.00
Reviewing Office *
Winston-Salem Regional Office - (336) 776- Select Project Reviewer*
9800 Sue Homewood:eads\slhomewood
Information for Initial Review
1a. Name of project:
Twin Rivers Community Structure Repair
1a. Who is the Primary Contact?*
Josselyn Lucas
1b. Primary Contact Email:*
josselyn@bfec.org
Date Submitted
12/20/2019
Nearest Body of Water
Watauga River
Basin
Watauga
Water Classification
B; Tr, HOW
Site Coordinates
Latitude:
36.165043
Longitude:
-81.756632
1c. Primary Contact Phone:*
(423)727-4476
A. Processing Information 6
County (or Counties) where the project is located:
Watauga
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
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:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
13 - Bank Stabilization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
r 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?
W Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r- No
2. Owner Information
2a. Name(s) on recorded deed:
Twin Rivers Property Owners' Association
2b. Deed book and page no.:
POA
2c. Responsible party:
2d.Address
Street Address
P.O. Box 1598
Address tine 2
city
Boone
Postal / Zip Code
28607
2e. Telephone Number:
(828)963-7020
2g. Email Address:*
tWnriverspropertyowners@gmail.com
3. Applicant Information (if different from owner)
3a. Name:
John Welfare
State / Province / Ragion
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
3b. Business Name:
Twin Rivers Property Owners Association
3c.Address
Street Address
P.O. Box 1598
Address tine 2
Cib
Boone
Postal / Zip Code
28607
3d. Telephone Number:
(704)906-6222
3f. Email Address:*
jswelfarel960@gmail.com
4. Agent/Consultant (if applicable)
4a. Name:
Josselyn Lucas
4b. Business Name:
Brushy Fork Environmental Consulting, Inc.
4c.Address
Street Address
10565 Highway 421 South
Address tine 2
City
Trade
Postal / Zip Code
37691
4d. Telephone Number:
(423)727-4476
4f. Email Address:*
josselyn@bfec.org
Agent Authorization Letter*
Signed Twin Rivers POAAA_Small Project.pdf
State / Province / legion
NC
Country
USA
3e. Fax Number:
State / Province / legion
TN
Country
USA
4e. Fax Number:
509.63KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(d appropriate)
Twin Rivers Community
1c. Nearest municipality/ town:
Boone, NC
2. Project Identification
2a. Property Identification Number:
2b. Property size:
Refer to attached Landowner Map
2.335
2c. Project Address
Street Address
2 Parcels on Rivers Edge Drive
Address tine 2
City
State / Province / legion
Boone
NC
Fbstal / Zip Code
Country
28607
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Watauga River
3b. Water Resources Classification of nearest receiving water:*
B; Tr, HOW
3c. What river basin(s) is your project located in?*
Watauga
3d. Please provide the 12-digit HUC in which the project is located.
060101030301
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
The reach is located on privately -owned parcels within the Twin Rivers subdivision, a fly fishing and recreational community. The
properties are located on the south banks of the Watauga River off of Rivers Edge Drive. Rivers Edge Drive within the community can be accessed via Twin Rivers Drive, south of Hwy
105 within the Foscoe area of Boone, NC. The parcels bordering the river are small residential lots currently undeveloped and partially -wooded. Dominant land uses in the vicinity
include unimproved forest lands and residential developments.
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 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Twin Rivers Topo.pdf
689.73KB
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)
Soil_ Map_PS.pdf 1.31MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.92
4g. List the total estimated linear feet of all existing streams on the property:
249
4h. Explain the purpose of the proposed project:*
Upstream development and placement of existing natural channel design structure materials, as well as flooding conditions have caused bank instability and erosion onsite. The
purpose of the project was to stabilize erosive banks by repairing natural channel design structures (exclusively located on the right bank) within a 70 linear foot reach of the Watauga
River. Any localized temporary impacts that arose during construction were addressed by end of day. Existing materials were used to address the existing degradation at the time of
construction.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Repair of bank stabilization structures from existing materials was executed in October, 2019 within a 70 linear feet of the Watauga River. During structure repair, banks were sloped to
a 3:1 ratio, or less, via hand grading and existing boulders/biotextile matting were used to construct appropriate armoring of the right bank of the Watauga River. Ernst Conservation
Seed Mix was sovm (at a 75-150 Ibs/acre) under live staked Excelsior erosion control matting within eroded areas of the 70 linear foot reach. Minimal construction equipment was used
for resloping impacted areas of the relic channel bank.
41. Please upload project drawings for the proposed project.
Site_Plan_MapSmallProject12.16.19.pdf 498.56KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
Wetland areas lies outside of the impacted areas onsite.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alyson Frisch, Josselyn Lucas
Agency/Consultant Company: Brushy Fork Environmental Consulting, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
BFEC delineated the jurisdictional wetland area onsite 12/11/2019 and 12/12/2019. BFEC located 0.92 acres of jurisdictional wetland area onsite.
5d1. Jurisdictional determination upload
JDMap_12.16.19.pdf 170.7KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No.
FD. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction
3. Stream Impacts
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type* :1 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
S1
Structure Repair Permanent Bank Stabilization Watauga River Perennial Both 57 70 P � 9
Average (feet) (linearfeet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
70 0
31. Total stream and ditch impacts:
70
3j. Comments:
Approximately 30 linear feet of a relic channel (0.001 acres) is a violation restoration that occurred during structure repair. Repair of these impacts to
the Watauga River has been implemented post construction within 15 days post incident.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
During structure repair of 70 linear feet of Watauga River, existing structure materials were repurposed to avoid impacts associated with bringing in
additional materials for construction. Localized temporary impacts due to construction access of the Watauga River were matted (staked Excelsior)
and seeded (Ernst Conservation Seed Mix) post bank sloping at a 3:1 ratio, or less, for adequate bank stabilization and reduction of sedimentation.
Construction access areas were minimized vdthin riparian buffer to reduce amount of possible impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Low intensity construction equipment was restricted to one stream bank access route along the Watauga River in an effort to reduce area and
intensity of impact. Only well maintained equipment was used; no leaks were tolerated. Construction staff operated equipment from streambanks
whenever possible. No additional construction materials were brought onsite for the structure repair eliminating a staging area for material storage.
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 f• No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Proper erosion control techniques were implemented to stabilize impacted banks within 15 days post -incident to abate in -stream impacts to water quality and wildlife habitat.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u
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:
The project is not within an NC Riparian Buffer Protection Area.
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 15ANCAC 02H .1003(2)?
r Yes r No
Comments:
G. Supplementary Information u
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
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
2b Provide an explanation of the violation(s):
Impacts to the banks of a relic channel of the Watauga River were made during the structure repair of the 70 linear foot reach of the Watauga River
(exclusively right bank). Impacts to the relic channel are labeled on the Twin Rivers Structure Repair Site Plan Map (attached in section C4j.) as
"Violation Restoration". Proper erosion control techniques were implemented to stabilize impacted banks within 15 days post -incident to abate in -
stream impacts to water quality and Wildlife habitat.
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.
Although located within a subdivision, future development of the parcels bordering the Watauga River within the development is not dependent on the
completion of this project. The project has stabilized erosive stream banks impacted through construction processes on the relic channel of the
Watauga River.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor NIA
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
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees 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
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
BFEC completed the USFWS IPaC regulatory review process. BFEC then reviewed specific information for each species on the Asheville Ecological
Services Field Office page and USFWS fact sheets. No Critical Habitat is located at this site. Habitat requirements within the project area or vicinity are
not met for the majority of the species listed.
Consultation Documentation Upload
MA Consistency Letter_ Northern Long -Eared Bat (NLEB) Consultation and 4(d) Rule Consistency 2019-11-22.pdf 246.83KB
Species List_ Asheville Ecological Services Field Office.pdf 322.06KB
Structure Repair PhotosheetsJKL.pdf 5.67MB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes f• No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper: https://vmw.habitat.noaa.gov/protection/efh/efhrnapper
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?*
North Carolina SHPO Web GIS Service
7c. Historic or Prehistoric Information Upload
SHPO.pdf 2.76MB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
The project did not cause an increase in flood elevation. The Watauga County floodplain administrator was contacted prior to construction and
consented to the repair of the structures as long as no new materials were used int the repair. A No -Rise Certification will be submitted after -the -fact
by Brushy Fork Engineering Division PLLC to the Watauga County floodplain administrator.
8c. What source(s) did you use to make the floodplain determination?*
FEMA National Flood Hazard Layer Website
Miscellaneous U
Comments
Miscellaneous attachments not previously requested.
AfterTheFactTwin Rivers FIRMette.pdf
266.61KB
Landowners.pdf
1.51 MB
Adjacent_ Landowner_Map.pdf
1.84MB
01_StructureRepair_12.9.19.pdf
159.76KB
W1_StructureRepair_12.9.19.pdf
140.29KB
Signature
C^U
*
rJ By checking the box and signing below, I certify that:
I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Josselyn Lucas
Signature
Date
12/20/2019
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. N/A PLAN NO. N/A PARCEL ID: 1889-50-9291-000
STREET ADDRESS: Rivers Edge Dr, Boone, NC 28607
Property Owner:
Twin Rivers Property Owners' Association
The undersigned, registered property owners of the above noted property, do hereby authorize
Adam Williams of Brushy Fork Environmental Consulting. Inc.
(Contractor/Agent) (Consulting Firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance
of this permit or certification and any and all standard and special conditions attached.
Property Owner's Address of different than property above):
PO Box 1598, Boone, NC 28607
Telephone:
-���
Email: -Aaiy e jqL0 00 M r Ca W
We hereby certify the above information submitted in this application is true and accurate to
the best of our Uowlede,,!A
Authoriz d 7nature: t
� estcleI" -Wt �i' �p�f� ���r.�, S CE�i
Date: �%
.t
Twin Rivers Structure Repair Soil Map
Map Unit
Map Unit Name
Symbol
Dellwood cobbly sandy r
DeB loam, 1-5% slopes,
occasionally flooded
Ur Urban land
Watauga River
C
DeB
Ur
Project Parcels
Roads
DeB
*a
i
Ur
N 0V
0 1530 60 90 120
Feet
v
COASulrinB+S�
081 ° 46' 00.00" W 081 ° 45' 00.00" W 081 ° 44' 00.00" W
Z
Twin Rivers Community Location Map
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SCALE 1:24000
0 1 MILE
J 0 1000 YARDS
0
MN 6.80° W —
0 1 KILOMETER
081 ° 46' 00.00" W 081 ° 45' 00.00" W 081 ° 44' 00.00" W
Name: BOONE (NC)
Date: 06/20/18
Scale: 1 inch = 2,000 ft.
Location: 036' 09' 56.44" N 081' 44' 50.01" W
Copyright (C)1996, Earthvisions, Inc.
Datum: NAD83
Bldg.
Adjacent Parcels
Project Parcels
Top of Bank(TOB)
Non —Wetland WOUS (Watauga River)
Topogrophy(10 foot interval)
Non —Wetland WOUS
(t1791inear feet, Relic Side Channel)
Roads
Soil Sample Locations
Approximate Existing Structure Footprints
Wetland WOUS (t0.92 acres)
Twin Rivers Structure Repair Site Plan Map
1889-60=543-0000
LITTLE, RICHARDAND'
2956
4C-J-
DANNA, ALFRED JR AND ANITA
Wetland WO
� Non
Habitat Enhancement and securing original channel structure
with existing boulder clusters from a previous restoration attempt.
This bank stabilization structure has been repaired,
impacting length of ± 70 linear feet along the reach.
1889-60-2278000
MOUNTAIN PROPERTIES, LLC
10p,0
Apply impacted areas of banks with live staked
\
Excelsior erosion control matting and
Ernst Conservation Mix (grass seed)
at a rate of 75-150 Ibs/acre or 3-5 Ibs/sq.ft
after hand grading bank at 3:1, or less.
1889-60-4303-000
MOUNTAIN PROPERTIES, LLC
O
1889-60-515-2000
IMB PROPERTIES, LLC
i
2948
2944
29j
Project Parcels Non -Wetland WOUS (Watauga River) 0 Existing BouldersFo
Adjacent Parcels Top of Bank JOB)
N
77 Violation Restoration (t 0.001 acres) Non -Wetland WOUS (t 179 linear feet Relic Side Channel) 0 45 90 180 270
Feet
Approximate Focal Areas for Repair (5 foot buffer) Watauga Roads
STRUCTURES NOT TO SCALE
Approximate Existing Structure Footprints Contour Lines (2 ft interval)"(} 144
l ' 7'k
. ;, '
,,
Twin�Rivers Struct_ ure R.. pair:SHPO Ma
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Project Parcels
SHPO Sites
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0 0.025 0.05 0.1 0.15 0.2 '
Miles
Sources:NCCGIE, NC Natural Heritage Program, USGS, USFWS.
J. Lucas. BFEC 2019
rolo
National Flood Hazard Layer FIRMette
#11 FEMA Legend
36°10'12.96"N
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
Without Base Flood Elevation (BFE)
Zone A, v, A99
SPECIAL FLOOD Wlth BFE or Depth
HAZARD AREAS Regulatory Floodway zone AE, AD, AH, vE, AR
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mile zone x
Future Conditions 1%Annual
Chance Flood Hazard zone x
"I Area with Reduced Flood Risk due to
ITHER AREAS OF Levee. See Notes. zone x
FLOOD HAZARD Area with Flood Risk due to Leveezone D
NO SCREEN Area of Minimal Flood Hazard zone x
Q Effective LOMRs
OTHER AREAS Area of Undetermined Flood Hazard zone D
GENERAL - — - - Channel, Culvert, or Storrs Sewer
STRUCTURES uuulllllll Levee, Dike, or Floodwall
V Cross Sections with 1%Annual Chance
77.5 Water Surface Elevation
o- - - Coastal Transact
.,.,M,,qj „.,, Base Flood Elevation Line (BFE)
Limit of Study
Jurisdiction Boundary
— --- Coastal Transact Baseline
OTHER _ Profile Baseline
FEATURES Hydrographlc Feature
Digital Data Available AN
Q No Digital Data Available II
MAP PANELS ® Unmapped CVO
This map complies with FEMA's standards for the use of
digital flood maps If It Is not void as described below.
The base map shown complies with FEMA's base map
accuracy standards
The flood hazard Information Is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 6/12/2018 at 12:56:28 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective Information may change or
become superseded by new data over time.
This map Image Is void If the one or more of the following map
elements do not appear base map Imagery, flood zone labels,
legend, scale bar, map creation date, community Identifiers,
FIRM panel number, and FIRM effective date. Map Images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
0 250 500 1,000 1,500 2,000
ama , _
Twin Rivers Structure Repair
Landowners MapN.
1
J r
O .
MOUNTAIN '"
PROPERTIES LLC
1889-60-4303-000
PROPERTIES LLC
1889-60-2278-000
4
t p
r
i
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Project Parcels Nock Enyiro
Watauga River 0 2040 80 120 160�
Feet
-------- Watauga Roads C�ASuIrinS+tic.
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region
Project/Site: Twin Rivers Structure Repair City/County: Boone, Watauga Sampling Date: 12/9/19
Applicant/Owner: Twin Rivers POA State: NC Sampling Point: 01
Investigator(s): Brushy Fork Environmental Consulting, Inc. - AF, JB Section, Township, Range:
Landform (hillside, terrace, etc.): Stream Terrace Local relief (concave, convex, none): Convex Slope (%):1-3
Subregion (LRR or MLRA): LRR N Lat:36.165189 Long:-81.755900 Datum: NAD83
Soil Map Unit Name: DeB - Dellwood cobbly sandy loam, 1-5% slopes, occassionally flooded NWI classification: None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.)
Are Vegetation Soil X or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No X
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes X No
Remarks:
Significantly more precipitation this fall season on average than most years. There has been a precipitation event within 24 hours of the delineation
The wetland occurs on a residential lot that was previously built upon (plumbing and foundation structures erected).
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
—Surface Water (Al) —True
Aquatic Plants (1314)
_ Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
X Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132) —Recent
Iron Reduction in Tilled Soils (C6)
_ Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (C7)
_ Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) —Other
(Explain in Remarks)
_ Stunted or Stressed Plants (D1)
—Iron Deposits (135)
_ Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes X No
Depth (inches): 0
Wetland
Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Saturation was present at surface due to rain occurring less than 24 hours of the delineation.
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: 01
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30'x30' )
% Cover
Species?
Status
Dominance Test worksheet:
1.
Pinus strobus
80
Yes
FACU
Number of Dominant Species
2.
Quercus rubra
15
No
FACU
That Are OBL, FACW, or FAC: 1 (A)
3.
Acer rubrum
5
No
FAC
Total Number of Dominant
4.
Species Across All Strata: 5 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 20.0% (A/B)
7.
Prevalence Index worksheet:
100
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
50
20% of total cover:
20
OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size: 15'xl5'
)
FACW species 0 x 2 = 0
1.
Carpinus caroliniana
5
Yes
FAC
FAC species 10 x 3 = 30
2.
FACU species 117 x 4 = 468
3.
UPL species 0 x 5 = 0
4.
Column Totals: 127 (A) 498 (B)
5.
Prevalence Index = B/A = 3.92
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
2 - Dominance Test is >50%
9.
3 - Prevalence Index is !-3.0'
5
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
3
20% of total cover:
1
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5'x5' )
-Problematic Hydrophytic Vegetation' (Explain)
1.
Rosa multiflora
5
Yes
FACU
'Indicators of hydric soil and wetland hydrology must be
2.
Polystichum acrostichoides
2
No
FACU
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Solidago altissima 10 Yes FACU
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
17
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
9
20% of total cover:
4
height.
Woody Vine Stratum (Plot size: )
1.
Lonicera japonica
5
Yes
FACU
2.
3.
4.
5.
Hydrophytic
5
=Total Cover
Vegetation
50% of total cover:
3
20% of total cover:
1
Present? Yes No X
Remarks: (Include photo numbers here or on a separate sheet.)
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
SOIL Sampling Point: 01
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Types Loc2 Texture Remarks
0-10 10YR 5/4 100
None Loamy/Clayey
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_2 cm Muck (A10) (MLRA 147)
_Histic Epipedon (A2)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Coast Prairie Redox (A16)
_ Black Histic (A3)
—Loamy Mucky Mineral (F1) (MLRA 136)
(MLRA 147, 148)
—Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2)
—Piedmont Floodplain Soils (F19)
—Stratified Layers (A5)
_ Depleted Matrix (F3)
(MLRA 136, 147)
_ 2 cm Muck (A10) (LRR N)
_ Redox Dark Surface (F6)
—Red Parent Material (F21)
_ Depleted Below Dark Surface (A11)
_ Depleted Dark Surface (F7)
(outside MLRA 127, 147, 148)
_Thick Dark Surface (Al2)
_ Redox Depressions (F8)
_Very Shallow Dark Surface (F22)
—Sandy Mucky Mineral (S1)
_ Iron -Manganese Masses (F12) (LRR N,
—Other (Explain in Remarks)
_Sandy Gleyed Matrix (S4)
MLRA 136)
—Sandy Redox (S5)
_ Umbric Surface (F13) (MLRA 122, 136)
3Indicators of hydrophytic vegetation and
—Stripped Matrix (S6)
—Piedmont Floodplain Soils (F19) (MLRA 148)
wetland hydrology must be present,
Dark Surface (S7)
Red Parent Material (F21) (MLRA 127, 147, 148)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type: Large Boulder
Depth (inches): > 10 inches
Hydric Soil Present? Yes No X
Remarks:
This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric
Soils, Version 8.0, 2016. Soil profile contains fill material throughout due to close proximity to structures previously erected on residential lot.
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region
Project/Site: Twin Rivers Structure Repair City/County: Boone, Watauga Sampling Date: 12/9/19
Applicant/Owner: Twin Rivers POA State: NC Sampling Point: W1
Investigator(s): Brushy Fork Environmental Consulting, Inc. - AF, JB Section, Township, Range:
Landform (hillside, terrace, etc.): Depression Local relief (concave, convex, none): Slightly Concave Slope (%):
Subregion (LRR or MLRA): LRR N Lat: 36.165029 Long:-81.756682 Datum: NAD83
Soil Map Unit Name: DeB - Dellwood cobbly sandy loam, 1-5% slopes, occassionally flooded NWI classification: None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.)
Are Vegetation Soil X or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No X
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
Significantly more precipitation this fall season on average than most years. There has been a precipitation event within 24 hours of the delineation
The wetland occurs on a residential lot that was previously built upon (plumbing and foundation structures erected).
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
X Surface Water (Al) —True
Aquatic Plants (1314)
_ Sparsely Vegetated Concave Surface (138)
X High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
X Drainage Patterns (1310)
X Saturation (A3) X
Oxidized Rhizospheres on Living Roots (C3)
—Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132) —Recent
Iron Reduction in Tilled Soils (C6)
_ Crayfish Burrows (C8)
X Drift Deposits (133) _Thin
Muck Surface (C7)
_ Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) —Other
(Explain in Remarks)
_ Stunted or Stressed Plants (D1)
—Iron Deposits (135)
_ Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
X Water -Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes X No
Depth (inches): 4
Water Table Present? Yes X No
Depth (inches): 8
Saturation Present? Yes X No
Depth (inches): 0
Wetland
Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
An average surface water depth was noted as there were areas containing 8-inch deep pools. Saturation was present at surface due to rain occurring
less than 24 hours of the delineation.
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: W1
Absolute
Uominant
Indicator
Tree Stratum (Plot size: 30'x30' )
% Cover
Species?
Status
Dominance Test worksheet:
1.
Pinus strobus
30
Yes
FACU
Number of Dominant Species
2.
Carpinus caroliniana
50
Yes
FAC
That Are OBL, FACW, or FAC: 4 (A)
3.
Acer rubrum
5
No
FAC
Total Number of Dominant
4.
Platanus occidentalis
5
No
FACW
Species Across All Strata: 6 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 66.7% (A/B)
7.
Prevalence Index worksheet:
90
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
45 20% of total cover:
18
OBL species 10 x 1 = 10
Sapling/Shrub Stratum (Plot size: 15'xl5'
)
FACW species 10 x 2 = 20
1.
Lindera benzoin
5
Yes
FAC
FAC species 70 x 3 = 210
2.
FACU species 45 x 4 = 180
3.
UPL species 2 x 5 = 10
4.
Column Totals: 137 (A) 430 (B)
5.
Prevalence Index = B/A = 3.14
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
3 - Prevalence Index is !-3.0'
5
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
3 20% of total cover:
1
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5'x5' )
-Problematic Hydrophytic Vegetation' (Explain)
1.
Rosa multiflora
10
Yes
FACU
'Indicators of hydric soil and wetland hydrology must be
2.
Polystichum acrostichoides
5
No
FACU
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Carex baileyi 10 Yes OBL
4.
Allium textile
2
No
UPL
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
Scirpus cyperinus
5
No
FACW
more in diameter at breast height (DBH), regardless of
6.
Holcus lanatus
10
Yes
FAC
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
42
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
21 20% of total cover:
9
height.
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
SOIL Sampling Point: W1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Types Loc2
Texture Remarks
0-6 10YR 4/1 95
10YR 6/8 5 C PL/M
Loamy/Clayey Prominent redox concentrations
6-12 10YR 5/2 70
10YR 6/8 30 C PL/M
Loamy/Clayey Prominent redox concentrations
12-18 10YR 5/2 60
10YR 6/8 40 C PL/M
Loamy/Clayey
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
_ Polyvalue Below Surface (S8) (MLRA 147, 148) _2 cm Muck (A10) (MLRA 147)
_Histic Epipedon (A2)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Coast Prairie Redox (A16)
_ Black Histic (A3)
—Loamy Mucky Mineral (F1) (MLRA 136)
(MLRA 147, 148)
—Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2)
—Piedmont Floodplain Soils (F19)
_Stratified Layers (A5)
X Depleted Matrix (F3)
(MLRA 136, 147)
_ 2 cm Muck (A10) (LRR N)
_ Redox Dark Surface (F6)
—Red Parent Material (F21)
_ Depleted Below Dark Surface (A11)
_ Depleted Dark Surface (F7)
(outside MLRA 127, 147, 148)
_Thick Dark Surface (Al2)
_ Redox Depressions (F8)
_Very Shallow Dark Surface (F22)
—Sandy Mucky Mineral (S1)
_ Iron -Manganese Masses (F12) (LRR N,
—Other (Explain in Remarks)
_Sandy Gleyed Matrix (S4)
MLRA 136)
—Sandy Redox (S5)
_ Umbric Surface (F13) (MLRA 122, 136)
3Indicators of hydrophytic vegetation and
—Stripped Matrix (S6)
—Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present,
Dark Surface (S7)
Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks:
This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric
Soils, Version 8.0, 2016. Soil profile contains fill material throughout due to close proximity to structures previously erected on residential lot. Redox
concentrations were also found within rhizospheres throughout the soil profile.
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0
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
http://www.fws.gov/nc-es/es/couMfr.html
IPaC Record Locator: 973-19202699
November 22, 2019
Subject: Consistency letter for the 'Twin Rivers' 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(o).
Dear Sarah Duke:
The U.S. Fish and Wildlife Service (Service) received on November 22, 2019 your effects
determination for the 'Twin Rivers' (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"fil 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(o). 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:
• Blue Ridge Goldenrod, Solidago spithamaea (Threatened)
• Bog Turtle, Clemmys muhlenbergii (Similarity of Appearance (Threatened))
• Carolina Northern Flying Squirrel, Glaucomys sabrinus coloratus (Endangered)
11/22/2019 IPaC Record Locator: 973-19202699
• Gray Bat, Myotis grisescens (Endangered)
• Heller's Blazingstar, Liatris helleri (Threatened)
• Roan Mountain Bluet, Hedyotis purpurea var. montana (Endangered)
• Spreading Avens, Geum radiatum (Endangered)
• Spruce -fir Moss Spider, Microhexura montivaga (Endangered)
• Virginia Big -eared Bat, Corynorhinus (=Plecotus) townsendii virginianus (Endangered)
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above.
[1]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)].
11/22/2019 IPaC Record Locator: 973-19202699 3
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Twin Rivers
2. Description
The following description was provided for the project 'Twin Rivers':
The project site is along the Watauga River in the Twin Rivers Community,
Foscoe, NC (36.16533611°,-81.75666667°). The site consists within two parcels
in the Twin Rivers Community and approximately 137 linear feet of stabilization.
The purpose of the project is to stabilize eroding banks of the Watauga River in
the Twin Rivers subdivision.
Approximate location of the project can be viewed in Google Maps: https://www.google.com/
maps/place/36.1650314903581N81.75663600179391W
Sti
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
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.
11/22/2019 IPaC Record Locator: 973-19202699 4
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.
11/22/2019 IPaC Record Locator: 973-19202699 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
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?
No
11/22/2019 IPaC Record Locator: 973-19202699
Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type Win questions 1-3.
1. Estimated total acres of forest conversion:
❑I
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 Win questions 4-6.
4. Estimated total acres of timber harvest
U
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 Win 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 Win question 10.
11/22/2019 IPaC Record Locator: 973-19202699
10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?