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HomeMy WebLinkAbout20180666 Ver 1_401 Application_20200220ID#* 20180666 Version* 1 Select Reviewer:* Mac Haupt Initial Review Completed Date 02/20/2020 Mitigation Project Submittal - 2/20/2020 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* V Stream r Wetlands r- Buffer r- Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Lin Xu Project Information ................................................................................... ID#:* 20180666 Existing IDr Project Type: Project Name: Email Address:* lin.xu@ncdenr.gov Version: *1 Existing Version r DMS r Mitigation Bank Groundhog Hollow Mitigation Project County: Alexander Document Information Mitigation Document Type:* Mitigation Plans File Upload: eApproval Letter Groundhog Hollow SAW-2018- 225.38KB 00450.pdf Groundhog Hollow 100049_MP_2019.pdf 29.16MB GroundhogHollow401 COffice.pdf 46.22KB GroundhogHollow401 FeeMemo.pdf 44.61<13 GroundhogHollowPCN.pdf 3.1 MB Rease upload only one RDFof the corrplete file that needs to be subrritted... Signature Print Name:* Lin Xu Signature:* ROY COOPER Governor MICHAEL S. REGAN secretary TIM BAUMGARTNER Director NORTH CAROLINA Environmental Quality February 20, 2020 Mac Haupt, Acting 401 & Buffer Permitting Unit Supervisor Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 - 1617 Re: Permit Application- Groundhog Hollow Mitigation Project, Alexander County (DMS Full Delivery Project) Dear Mr. Haupt: Attached for your review is 404/401 permit application package for the subject project. A memo for the permit application fee is also included in the package. Per agreement between DMS and DWR, the hard copy of the final mitigation plan is not included in the submittal. However, the electronic copy of the final mitigation plan along with all other electronic files have been uploaded to NC DWR's file system. Please feel free to contact me with any questions regarding this plan (919-707-8319). Thank you very much for your assistance. Sincerely C1 : d'L� Lin Xu Attachment: 404/401 Permit Application Package Permit Application Fee Memo �.AEQ5 North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. )ones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director MEMORANDUM: NORTH CAROLINA Environmental Quality TO: Debby Davis FROM: Lin Xu 1,X SUBJECT: Payment of Permit Fee 401 Permit Application DATE: February 20, 2020 The Division of Mitigation Services (DMS) is implementing a mitigation project for McClenny Acres Mitigation Project in Wayne County (DMS IMS # 100038). The activities associated with this restoration project involve stream restoration related temporary stream and wetland impact. To conduct these activities, the DMS must submit a Pre -construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter I can be reached at 919-707-8319. Thanks for your assistance. cc: Mac Haupt, DWR M OyrterlwOtly� North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 .a�0F wA7Z�pq P� T A. Applicant Information Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form 1. Processing 1 a. Type(s) of approval sought from the Corps: i ❑X Section 404 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Section 10 Permit ❑X Yes ■ • 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization record only for DWQ 1 e. Is this notification solely for the record 701 because written approval is not required? rtification: Yes Q No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. For the record only for Corps Permit: ❑ Yes ❑X No ❑ Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? 2. Project Information ❑ Yes ❑ Yes ❑X No ❑X No 2a. Name of project: Groundhog Hollow 2b. County: Alexander County Taylorsville 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: See Supplemental 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: I Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Permittee, DMS 4b. Name: Lin Xu 4c. Business name (if applicable): NC Division of Mitigation Services 4d. Street address: 217 W Jones Street 4e. City, state, zip: Raleigh, NC 27603 4f. Telephone no.: 919-707-8319 4g. Fax no.: 4h. Email address: lin.xu@ncdenr.gov S. Co -Applicant 5a. Name: Bradley Breslow 5b. Business name (if applicable): RES, LLC 5c. Street address: 302 Jefferson Street, Suite 110 5d. City, state, zip: Raleigh, NC 27605 5e. Telephone no.: 919-209-1062 5f. Fax no.: 5g. Email address: bbreslow@res.us Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): See Supplemental 1 b. Site coordinates (in decimal degrees): Latitude: 35.937201 Longitude:-81.237783 1 c. Property size: 20.58 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Lower Little River 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Catawba; 8-digit HUC - 03050101 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: See the Supplemental Information and the existing conditions maps (Figure 1: Project Service Area and Vicinity Map, Figure 2: USGS Map, Figure 3: Existing Conditions Map, Figure 4: NRCS Soils Map, Figure 5: Constraints Map). 3b. List the total estimated acreage of all existing wetlands on the property: 0.40 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6,103 3d. Explain the purpose of the proposed project: See Supplemental 3e. Describe the overall project in detail, including the type of equipment to be used: See Supplemental 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? 0 Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? x❑ Preliminary ❑Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Jeremy Schmid Agency/Consultant Company: RES Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A PJD request was sent to the USACE on April 3, 2018. The PJD was issued on January 31, 2019, signed by William Elliot, USACE 6. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? []Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form —Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑X Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 P Stream Restoration Bottomland Hardwood Forest Yes Corps 0.011 W2 T Stream Restoration Bottomland Hardwood Forest Yes Corps 0.038 W3 P Stream Restoration Bottomland Hardwood Forest Yes Corps 0.026 W4 T Stream Restoration Bottomland Hardwood Forest Yes Corps 0.122 W5 P Stream Restoration Seep No Corps 0.005 W6 T Stream Restorstion Seep No Corps 0.033 2g. Total Wetland Impacts: 0.235 2h. Comments: It is anticipated that the stream restoration will result in net positive wetland area and overall function due to increased hydrology from raising bed elevations and relocating channels within natural valleys. Specifically, the floodplain area around the lower portion of reaches GF1-B and GF3-13, including their confluence, will likely expand the wetland area of WD. Also, planting native trees and treating invasives will increase wetland function. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 See Supplemental S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 3i. Comments: Permanent impacts due to the relocation of the stream to natural valley will provide a net gain in overall stream length and ecological function to streams. Active pasture is located adjacent to these reaches. Restoration along these reaches will address active degradation and erosion of the stream channels caused by historic livestock agriculture land use. Temporary impacts are due to enhancement activities that will stabilize the channel bed and banks.See Figure 6. Page 4 of 10 PCN Form —Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporary T 01 P Pond Drainage Pond 0.045 02 - 03 - 04 4f. Total open water impacts 0.045 4g. Comments: This open water area is currently a partially-functiong impoundment. It will be drained and regraded in conjunction with stream restoration efforts. See Figure 6 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? q 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See supplemental 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See supplemental 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes X❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. No diffuse flow plan is required because there is a zero increase of impervious area. ❑ Yes © No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 % 2b. Does this project require a Stormwater Management Plan? ❑ Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No increase in impervious surface. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is this project? 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW ❑ USMP [] Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 [:]Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the Yes ❑ No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑X No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act © Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPAC and Natural Heritage Program Database 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC SHPO GIS Database and confirmation from coordination with SHPO. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: The design and permitting of the mitigation work will include coordination with the Alexander County Floodplain Administrator and a No -Rise Certification or CLOMR/LOMR will be secured. Hydraulic modeling will be required to determine that restoration activities will have no effect on 100-year flood elevations downstream. 8c. What source(s) did you use to make the floodplain determination? FEMA National Flood Hazard Layer Firm Panel 3720166000K eff: 6/20/2018 Lin Xud(../ Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Bradley Breslow FLz)��� v /.Z030 Co -Applicant's Printed Name Co -Applicant's Signature Date Page 10 of 10 PCN Supplemental Information Groundhog Hollow Stream Mitigation Project Nationwide Permit 27 Pre -Construction Notification Name and address of the Co -Applicant: Resource Environmental Solutions c/o Brad Breslow 302 Jefferson Street. Suite 110 Raleigh, NC 27605 PCN Supplemental Information — Groundhog Hollow Stream Mitigation Project A. Applicant Information 3. Owner Information (3a) Name(s) Gene Lynn & Donna on S Fox Herman Farms Jeffrey Walker Recorded Deed (3B) Deed 536/348 Book and 195/886 Page No. 246/469 237/58 538/2485 313/618 (3d) Street 1444 Zeb Watts Rd 374 David Herman Rd 5855 Three Forks Church Address Rd (3e) City, State, Zip Taylorsville, NC, 28681 Taylorsville, NC, 28681 Taylorsville, NC, 28681 B. Proiect Information and Prior Project History la. Propertvldentihcation no. 3830849704,3830841058,3830735760,3830820800.3830648068,3830755090,3830829684 3m Describe the existinz conditions on the site and the general land use in the vicinity of the proiect at the time of this application: The Groundhog Hollow Project ("Project") is located within a rural watershed in Alexander County, North Carolina approximately three and a half miles northwest of Taylorsville. The Project lies within the Catawba River Basin, North Carolina Division of Water Resources (NCDWR) sub -basin 03-08-32, and United States Geological Survey (USGS) 14-digit hydrologic unit code (HUC) 03050101120030. The Project proposes to restore, within a conservation easement, 2,851 linear feet (LF) and enhance 3,278 LF of stream within the Northern Inner Piedmont Level IV ecoregion. The Project area is comprised of a 20.58-acre easement involving four unnamed tributaries, totaling 6,103 existing LF, which drain directly into the Lower Little River which eventually drains into the Catawba River. The stream mitigation components are summarized in Table 1. The Project is accessible from Groundhog Hollow Drive off of Zeb Watts Road. Coordinates for the Project areas are as follows: 3 5.93 7201 0 N,-81.2377830 W. The Project area is comprised of four unnamed tributaries that flow generally west to east and drain directly into the Lower Little River along the eastern limits of the Project. The total drainage area for the Project is 156 acres (0.24 mi2) (Table 3); the drainage area of Reach GF 1 is 156 acres (0.24 mi2); Reach GF2 is 45 acres (0.07 mi2); Reach GF3 is 39 acres (0.06 mi2); Reach GF4 is 23 acres (0.04 mi2); and Reach GF5 is 9 acres (0.01 mi2). Primary land use within the drainage area consists of approximately 73% pasture, 16% forest, 8% residential, and 3% Confined Animal Feeding Operations (CAFO). Historic and current land -use within the immediate Project area have allowed cattle direct access to the streams. These activities have negatively impacted both water quality and streambank stability in Project streams. Page 2 of 8 PCN Supplemental Information — Groundhog Hollow Stream Mitigation Project 3d Explain the Purpose of the Proposed project: The objective for this mitigation site is to restore and design natural streams with appropriate cross - sectional dimension and slope that will provide function and meet the appropriate success criteria outlined by the USACE's mitigation guidelines. Accomplishing this objective entails the restoration of natural stream characteristics, such as stable cross sections, planform, and in -stream habitat. The tloodplain areas will be hydrologically reconnected to the channels where feasible to provide natural exchange and storage during flooding events. The design will be based on reference conditions, USACE guidance, and criteria that are developed during this project to achieve success. Additional site objectives include restoring the riparian buffer with native vegetation, ensuring hydraulic stability, and treating invasive species. 3e Describe the overall project in detail including the type of euuipment to be used: Natural channel design techniques have been used to develop the restoration designs described in this document. The combination of the analog and analytical design methods was determined to be appropriate for this Project because the watershed is rural, the causes of disturbance are known and have been abated, and there are minimal infrastructure constraints. The original design parameters were developed from the measured analog/reference reach data and applied to the subject stream. The parameters were then analyzed and adjusted through an iterative process using analytical tools and numerical simulations of fluvial processes. The designs presented in this report provide for the restoration of natural Piedmont gravel -bed channel features and stream bed diversity to improve benthic habitat. The proposed design will allow flows that exceed the design bankfull stage to spread out over the floodplain. A large portion of the existing stream will be filled using material excavated from the restoration channel. However, multiple segments will be left partially filled to provide habitat diversity and flood storage. Native woody material will be installed throughout the restored reach to reduce bank stress, provide grade control, and increase habitat diversity. Forested riparian buffers will be established along the Project reaches. An appropriate riparian plant community (Piedmont Alluvial Forest) will be established to include a diverse mix of species. Although there is one planting zone, certain targeted species will be planted in the appropriate target community location. Replanting of native species will occur where the existing buffer is impacted during construction. Replanting of native species will occur where the existing buffer is impacted during construction. A combination of sediment control measures will be used on site; riparian buffer planting, bank stabilization, stream restoration, livestock exclusions, and livestock watering facilities. This combination of sediment control measures will ultimately lead to the functional uplift of the site by minimizing sedimentation, nutrient input, and fecal coliform input from ongoing livestock and agricultural production outside of the conservation easement. Stream Restoration Approach The Project will include Priority I and II Restoration and Enhancement Levels I and II. Stream restoration will incorporate the design of a single -thread meandering channel, with parameters based on data taken from reference sites, published empirical relationships, regional curves developed from Page 3 of 8 PCN Supplemental Information — Groundhog Hollow Stream Mitigation Project existing project streams, and NC Regional Curves. Analytical design techniques will also be a crucial element of the project and will be used to determine the design discharge and to verify the overall design. The detailed treatment plan and design approach is as follows: Reach GF1-A An Enhancement Level II approach is proposed for this reach to address areas of bed instability, bank erosion, and buffer impacts. Enhancement activities will include: - Stabilizing a 2-foot knick-point located near station 00+70 by installing two rock sills, - Removal and regrading of an existing culvert crossing near station 03+50, - Bank stabilization beginning near station 05+75 by installing a log vane and brush toe, - Stabilizing a 5-foot headcut located near station 07+10 by installing a rock step -pool, - Livestock exclusion, - Riparian planting, - Invasive vegetation treatment. Reach GF1-B An inline restoration approach was used for the upstream portion of the reach to address eroding banks, channel entrenchment, and buffer impacts. Restoration activities will include: - Raising the channel bed with a mix of log sill, log vanes, riffle grade controls, and clay plugs, - Normalizing the existing channel alignment to reduce channel stress, - Establishing a riffle pool sequence throughout the reach, - Installing brush toe protection on meander bends, - Transitioning existing vertical channel banks to a minimum 5:1 floodplain slope, - Livestock exclusion, - Riparian planting, - Invasive vegetation treatment. An offline priority I restoration approach is proposed for the middle portion of the reach to address, eroding banks, channel entrenchment, and channel braiding. Restoration activities include: - Regrading a new single thread channel in the existing floodplain, - Installing log and rock structures to provide grade control and habitat, - Establishing a riffle pool sequence throughout the reach, - Installing brush toe protection on meander bends, - Filling the existing channel, - Replacing an existing ford crossing with a culvert crossing, - Livestock exclusion, - Riparian planting. An offline priority I1 restoration approach is proposed for the downstream portion of the reach to address, eroding banks, channel entrenchment, and channel braiding. Restoration activities include: - Regrading a new single thread channel and floodplain, - Installing log and rock structures to provide grade control and habitat, - Establishing a riffle pool sequence throughout the reach, Page 4 of 8 PCN Supplemental Information — Groundhog Hollow Stream Mitigation Project - Installing brush toe protection on meander bends, - Filling the existing channel, - Livestock exclusion, - Riparian planting. Enhancement Level lI is proposed along the portion of the reach that ties into the Lower Little River and is within its non -encroachment area. Enhancement activities include: - Livestock exclusion, - Riparian planting, - Invasive vegetation treatment. Reach GF2-A An Enhancement Level II approach is proposed for this reach to address areas of bed instability, bank erosion, and buffer impacts. Enhancement activities will include: - Stabilizing a 9-foot headcut located near station 01+30 by installing log sills and a log step pool, - Bed stabilization beginning near station 05+00 by installing a double log drop, - Bank stabilization beginning near station 07+50 by installing a log vane and brush toe, - Livestock exclusion, - Riparian planting, - Invasive vegetation treatment. Reach GF2-13 A mix of offline and inline restoration is proposed for this portion of the reach to address eroding banks, channel entrenchment, historic impoundment, and buffer impacts. Restoration activities will include: - Regrading a new single thread channel in the existing floodplain, - Installing log and rock structures to provide grade control and habitat, - Establishing a riffle pool sequence throughout the reach, - Installing brush toe protection on meander bends, - Removing the relic earthen dam and relic pond, - Filling the existing channel, - Replacing an existing ford crossing with a culvert crossing, - Livestock exclusion, - Riparian planting. Reach GF3-A An Enhancement Level I approach is proposed for this reach to address areas of bank erosion, and buffer impacts. Enhancement activities will include: - Stabilizing the left bank near station 08+75 by installing a brush toe, - Stabilizing the left bank near station 10+25 by installing a brush toe, - Bank stabilization beginning near station 09+40 and 09+80 by installing a log vane, - Livestock exclusion, - Riparian planting, Page 5 of 8 PCN Supplemental Information — Groundhog Hollow Stream Mitigation Project - Invasive vegetation treatment. Reach GF3-B An offline restoration approach is proposed for this portion of the reach to address eroding banks, channel entrenchment, and buffer impacts. Restoration activities will include: - Regrading a new single thread channel in the existing floodplain, - Installing log and rock structures to provide grade control and habitat, - Establishing a riffle pool sequence throughout the reach, - Installing brush toe protection on meander bends, - Filling the existing channel, - Replacing an existing ford crossing with a culvert crossing, - Livestock exclusion, - Riparian planting. Reach GF4-A An Enhancement Level II approach is proposed for this reach to address areas of bed instability, bank erosion, and buffer impacts. Enhancement activities will include: - Stabilizing head cut near station 00+50 by grading a vegetated swale, - Stabilizing banks near station 01+50 by grading back channel banks, - Bed stabilization beginning near station 03+30 by installing a rock step -pool, - Removing and replacing the two existing 24" Corrugated Metal Pipes, - Livestock exclusion, - Riparian planting, - Invasive vegetation treatment. Reach GF4-B A limited Enhancement Level II approach is proposed for this reach at a reduced credit ratio. Enhancement activities will include: - Livestock exclusion, - Riparian planting, - Trash removal, - Invasive vegetation treatment. Reach GF5 An Enhancement Level I1 approach is proposed for this reach to address buffer impacts. Enhancement activities will include: - Livestock exclusion, - Riparian planting, - Trash removal, Page 6 of 8 PCN Supplemental Information — Groundhog Hollow Stream Mitigation Project - Invasive vegetation treatment. Sediment Control Areas A suite of sediment control measures will be utilized for the Project to reduce direct effluent inputs, pollutant contamination, and sediment loading. The combination of the following sediment control measures: riparian buffer planting, bank stabilization, stream restoration, livestock exclusion, and livestock watering facilities, will ultimately lead to the functional uplift of the site, while still allowing livestock production to persist through the installation of alternative water sources. The riparian buffer will be restored along all project reaches. Restored riparian buffers are established adjacent to and up -gradient from watercourses of water bodies to improve water quality. The main advantages of the restored riparian buffer will be to provide water quality treatment, erosion control, and water temperature benefits. Moreover, there will be significant reductions in sedimentation, nutrient input, and fecal coliform input. To account for eliminating livestock water access, landowners will be provided an alternate water source. A total of four watering facilities will be installed to provide high quality drinking water to livestock. C. Proposed Impacts Inventor 2d. 3g• 2a. Stream Permanent (P) or 3b. Type of Stream Perennial 3e. Type of 3f. Average g Impact p Impact Temporary Impact Name (PER) or Intermittent jurisdiction Stream width (feet) length (linear Number (� I feet S1 T Stabilization GF1 PER Corps 6 185 LF 52 P Stream GF1 PER 6 2030 LF Restoration Corps S3 T Stabilization GF2 PER 80 LF Corps 5 S4 p Stream GF2 PER 619 LF Restoration Corps 5 S5 p Stream GF3 PER 282 LF Restoration Corps 5.5 S6 T Stabilization GF3 PER 5.5 200 LF Corps S7 P Culvert GF4 INT 6 LF Corps 6 S8 T Stabilization GF4 � 6 LJ Cos Total Stream Impacts 3i. Comments: Permanent impacts due to the relocation of the stream to natural valley will provide a net gain in overall stream length and ecological function to streams. Active pasture is located adjacent to these reaches. Restoration along these reaches will address active degradation and erosion of the stream channels caused by historic livestock agriculture land use. Temporary impacts are due to enhancement activities that will stabilize the channel bed and banks. See Figure 6. Page 7 of 8 PCN Supplemental Information — Groundhog Hollow Stream Mitigation Project D. Imnact Justification and Mitigation ]a. Specifically describe measures taken to avoid or minimize the 11rovosed i )acts in desi -nin•1 project, Due to the nature of this project, complete avoidance is not possible. This project will result in a net increase in stream length and should uplift the ecological quality of streams and wetlands on site. The existing stream channel length is 6,103 LF, and the proposed Project will result in 6,129 LF of stream. Stream Mitigation Type by Reach GFl 3,354 2,851 GF2 1,251 306 GF3 581 2,338 GF4 664 253 GF5 253 381 6,103 6,129 1 b. Specifically describe measures taken to avoid or minimize the Proposed impacts throukh construction techniques: Impacts are minimized using a staged construction approach. Where possible the channel will be constructed prior to turning stream flow into a segment. This approach allows minimization of the impact of each stage during the project construction. Additionally, all work in wetlands and streams will be conducted during dry conditions and/or with mats to protect soil structure. Efforts will be made to preserve individual high value trees located within the stream restoration area. Page 8 of 8 Aquatic Resources Updated Materials for PCN (Post -Survey) Site Reach/Wetland ID Latitude Longitude Length (LF) /Area (ac) Groundhog Hollow WA -81.233017 35.938472 0.06 Groundhog Hollow WB -81.234016 35.938822 0.09 Groundhog Hollow WC -81.234712 35.940558 0.05 Groundhog Hollow WD -81.233755 35.940426 0.15 Groundhog Hollow WE -81.237211 35.938574 0.04 Groundhog Hollow WF -81.237236 35.937302 0.01 Groundhog Hollow Pond -81.237179 35.938764 0.04 Groundhog Hollow GF1 -81.23747 35.939553 3,354 Groundhog Hollow GF2 -81.237333 35.937708 1,251 Groundhog Hollow GF3 -81.234288 35.939363 581 Groundhog Hollow GF4 -81.233243 35.938697 664 Groundhog Hollow GF5 -81.234126 35.93881 253 Legend _ Study Area Potential Wetland Waters of the US - Pond Potential Non -Wetland Waters of the US - y \ z .1 � _ _ }4` Non Ditchs H Wetland Data Points _ Upland Data Points , t' 7:CL A rV - _ A 0 t ._ % ond ts•.r -- .W$ i �y � � 3 wE o ` Z Q 41 NN `an& IL t M x ;, Feet w� - �.*� ` . • . • i. - '-. �.... - - - PROjEC'T PJANhGER ..: - • -.fir �.,' -f, ; �+.. ~• �' l _ f7FuiWJN ti E A } w •f � ,y Document Path: SA@RES GIS\Projects\NC\Groundhog Hollow\MXDUDIGH_WOTUS_UPDATED_20190903.mxd - Date Saved: 9/3/2019 PCN Figures 4t uu Wood Prnduct.s J H 4)4 A,ma Groundhog Hollow 1 h Mitigation Project l?Owo� h�blist Cmvrh 801",k) g A'.10 pvpa"T RC ad C, i7b. T a),orsv I :tile P I 4ef Legend Proposed Easement TLW - 03050101120030 Service Area - H UC 03050 101 Betriehem N Figure 1 -Vicinity Map Date- 813MO19 w+r Drawn by: GOS Groundhog Hollow res - Mitigation Project Checked by. xxx 'glow 0 1.000 2.000 11 1 nch = 2,000 feet Alexander Countv. North Carolina Z, I rftq WK = 32 • 04, J pe e7 GF6 9 ac 4 GF2 46 a Z Nt K,,m%n Legend Proposed Easement Drainage Area Figure 2 - USGS Map Date 8/3012019 Ta w E ylorsville and Ellendale (1973) + Drawn by: GDS Groundhog Hollow S Mitigation Project Checked by xxx res 0 1,000 2,000 1 inch = 2.000 feet set Alexander County, North Carolina ii e L �. Issued PJD U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2018-00450 County: Alexander U.S.G.S. Quad: Taylorsville NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Jeremy Schmid Address: 302 Jefferson Street. Suite 110 Raleiah, NC 27605 Telephone Number: 919-926-1473 Size (acres): 23 acres Nearest Town: Tavlorsville Nearest Waterway: Beaver Branch Coordinates: 35.9383,-81.23825 River Basin/ HUC: Unner Catawba Location description: The project is located at Groundhog Hollow Drive near Tavlorsville, NC Pin # 0001175 0001176, 0001589, 0001029, 0014092 Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980, ext. 4225 or amanda.jones@usace.army.mil. C. Basis for Determination: See attached preliminary jurisdictional determination form. The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region (version 2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. D. Remarks: The potential waters of the U.S., at this site, were verified on -site by the Corps on May 16, 2018 and are as approximately depicted on the attached Potential Wetland/Waters Map. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A (Preliminary -JD). **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official: William Elliott Issue Date of JD: January 31, 2019 Expiration Date: N/A Preliminary JD The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hqp:Hcoipsmapu.usace.an-ny.mil/cm a ex/f?=136:4:0. Copy furnished: David Lee Herman, 374 David Herman Rd Taylorsville, NC 28681, Gene Lynn Fox & Donna S. Fox, 1444 Zeb Watts Rd. Taylorsville, NC 28681 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Jeremy Schmid File Number: SAW-SAW-2018-00450 I Date: January 31 2019 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION I E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http•//www usace army miVMissions/CivilWorks/ReUulatoT vProeratnandPermits.asux or Co s regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR Q UESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: William Elliott CESAD-PDO 151 Patton Avenue, Room 208 U.S. Army Corps of Engineers, South Atlantic Division Asheville, North Carolina 28801-5006 60 Forsyth Street, Room 1OM15 828-271-7980, ext. 4232 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunityopportimity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JD: January 31, 2019 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Jeremy Schmid 302 Jefferson Street. Suite 110 Raleigh, NC 27605 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, SAW-2018-00450, D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located at Groundhog Hollow Drive near Taylorsville, NC Pin # 0001175, 0001176, 0001589, 0001029,0014092 State: NC County/parish/borough: Alexander City: Taylorsville Center coordinates of site (lat/long in degree decimal format): 35.9384,-81.2340 Universal Transverse Mercator: N/A Name ofnearest waterbody: Beaver Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: January 31, 2019 ® Field Determination. Date(s): May 16, 2018 Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION A Centered Coordinates Estimated Amount Type of Aquatic Geographic (decimal degrees) of Aquatic Resource Resources Authority to Which in Review Area Aquatic Resource Latitude Longitude (linear feet or acre) "May Be" Subject WA 35.938472 -81.233017 0.05 Wetland Section 404 Non -wetland Waters ❑ Section 10/404 WB -81.234016 35.938822 0.11 ® Wetland ® Section 404 ❑ Non -wetland Waters ❑ Section 10/404 WC -81.234712 35.940558 0.05 ® Wetland Section 404 Non -wetland Waters ❑ Section 10/404 WD -81.233755 35.940426 0.17 ® Wetland Section 404 F—INon-wetland Waters ❑ Section 10/404 WE -81.237211 35.938574 0.05 ® Wetland Section 404 ❑ Non -wetland Waters ❑ Section 10/404 WF -81.237236 35.937302 0.01 ® Wetland Section 404 ❑ Non -wetland Waters ❑ Section 10/404 Pond -81.237179 35.938764 0.04 ❑ Wetland ®Section 404 ® Non -wetland Waters 0 Section 10/404 GF-1 -81.23747 35.939553 3058 ❑ Wetland Section 404 ® Non -wetland Waters ❑ Section 10/404 GF-2 -81.237333 35.937708 1186 Wetland Section 404 Non -wetland Waters Section 10/404 GF-3 -81.234288 35.939363 597] Wetland{ Section 404 Non -wetland Waters] Section 10/404 GF-4 -81.233243 35.938697 673 ® Wetland Section 404 Non -wetland Waters Section 10/404 GF-5 -81.234126 35.93881 244 ❑ Wetland Section 404 Non -wetland Waters F1 Section 10/404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "mav be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA Data reviewed for preliminary JD (check all that apply) - Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester:Vieinity, USGS, NWI, Existing Condition,WOUS Data sheets prepared/submitted by or on behalf of preliminary JD requester. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rational: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey (USGS) Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. USGS map(s). Cite scale & quad name: Taylorsville. ❑ Natural Resources Conservation Service (MRCS) Soil Survey. Citation: Alexander County, NC National wetlands inventory (NWI) map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. William Elliott, January 31, 2019 Signature and date of Regulatory staff member completing preliminary JD On File Jeremy Schmid Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Two copies of this Preliminary JD Form have been provided. Please sign both copies. Keep one signed copy for your record and return a signed copy to the Asheville Regulatory Field Office by mail or e-mail. US Army Corps of Engineers -Wilmington District Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC28801-5006 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Legend Study Area Wetland Data Points 4.,. ' Upland Data Points Potential Non -Wetland Waters of the US Potential Wetland Waters of the US ,.. Pond I on g _ ky..' _j. � F l .�• .i: VVe - .� f. • � � N Al � _ :-:. tVA 071�v N jr4 2 4` f/7 C o 12 T c z o r C L? v 4 O QC C = x Ib 10 Cl Q is rr0�- C L d Q CL M w £ m 0 100 200 Feet ir- Document Path: S:1@RES GIS1Projects\NC1Groundhog HollowWXD1JD1Groundhog Holiow_WOUS-71x17.mxd - Date Saved: 4/3/2018