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HomeMy WebLinkAbout20011577 Ver 1_COMPLETE FILE_20011029`O\©? VY n 1 G Uj > f O ? Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Division of Water Quality May 16, 2002 DWQ# 01-1577 Linville Resorts, Inc. Avery County C/o John Boaze Post Office Box 99 Linville, NC, 28646 APPROVAL of 401 Water Quality Certification Dear Mr.' Boaze: You have our approval, in accordance with the attached conditions, to place boulders in the Linville River near the Camp Lynn Haven Bridge in Avery County, to improve fish habitat, as described in your revised application received by the Division of Water Quality on April 18, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3348, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands. This Certification allows you to use General Permit Number 198600020 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification If you do,not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mike Parker in our Asheville Regional Office at 828-251-6208 or Cyndi Karoly in our Central Office at 919-733-9721. if' 'h.D Attachments cc: Corps of Engineers Asheville Regulatory Field Office Asheville DWQ Regional Office Central Files File Copy John Boaze, P.O. Box 241, Whittier, NC, 28789 011577 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/newetlands/ On a' Positive Note... kit" u?'-f-e? /CCO Frl- a The Departm of Environmen and Natural Resources believes in Recognizing Excellence ,,Wetlands Tracking ri R cts ;, Facility Name Linville Retorts, Inc County AVLRT Project Number Ol 1577 County2 Q Inactive Region Asheville Project Type J rupcsc of stream fill DCM Office J Location Linville RJ%01' COE Office Ashe?rille Last Total Total Total r 401 S Total Mit Recvd Sent to Recvd Action. 401 401 Acres Mit Recvd From Date Region Region Date Last Action Acres Feet Feet ,?11?P 10/' Q01,ry?x 401r .? 401 } Total for Project: Inspections/ Vi ' ations r, Inspection Date Inspector Compliant Letter Type Date Sent Reply Date Current St } ?:Nxz- x _f. ;ra Inspect. f? r L I . MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Linville Resorts, Inc County AVERY Project Number 01 1577 County2 Recvd From APP Region Asheville Received Date 10/29/01 Recvd By Region Project Type stream fill Certificates stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres' Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ?? Q Y Q• N I 11-29 r B TRHQW 30,830. F F__ F_ ?- F--F-PV ON Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y Q N Did you request more info? Q Y (0 N Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N Is Mitigation required? Q Y O N Recommendation: QQ Issue O Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 360303 Longitude (ddmmss) $15306 Comments: cc: Regional Off ice Central Office Page Number 1 04125/2002 01:53 TO: FAX #: FROM DATE: PAGE 01 N. C. DEFARTMENT OF 'ENVIRONMENT AND NATURAL RESOURCLS DIVISION OF WATER QUALITY NATZR QUALITY SECTION ASKWILLE REGIONAL OFFICE 59 wooDFIN PLACE ASHEVILLZ, NORTH CAROLINA 28801 PHONE: 828/251-6208 A FAX: 828/251-6452 # OF PAGES INCLUDING THIS COVERt MESSAGE: If uestions, lease call 82:9/251-6208. 04/25/2002 01:53 4 PAGE 02 14, s or ' . -i Nord-1 t"arolina W lcd fe Resources COmm' Chaxles R. pullwood, Executive Dire:rtor MEMO RANDIIM r TO: I im S1nilh, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers FROM, Ron Linville, Regional Coordiltat ? I lahitat Conservation Program DATI : February 15, 2002 SI 111.IF(.'.'I' Review of 404 Application by Linville Resorts, Inc., Trout F:nhanectnent Structures, near Carnp Lynn Haven Bridge, Linville River, Avery County The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army (.'orps of l?ng,inc.ers. The NCWRC has reviewed infonnation provided by the applicant, and Iield biologists on our staff are familiar with habitat values of the prgject area. These C0111ments arc: provided in accordance with provisions of the Clean Water Act of. 1977 (:; 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended: 10 1.1.5.0. 661-667d), f -inville Restarts proposes to install boulders instrearn and along; the edge of l .iiiville Itiver helow the confluence of.Crrandmother Creek. A generic boulder pl,Ic4tneilt sclieniatic has been provided for permit review consideration. Portions of the I.invitle River lx;low this area are Hatchery Supported Trout Water and according to the NU Division of Water Quality, these waters are classified B-Trout. 't'hese waters support brown and rainbow trout. Although we do not object to trout enhancement structures generally, we, are Concerned aboul the generic design and the potential risk of secondary impacts to 04125/2002 01:58 4 PHONE: PAGE 01 N. C. DZPART NT OF ENVIRONMENT AND NATURAL RESOURCES DYVISION OF WATER QUALITY WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 59 WOODFIN PLACE ASERVILLE, NORTH CAROLINA 28801 828/251-6208 FAX: 828/251-6452 TO! ljq FAX #: FROM: DATE: # OF PAGES INCLUDING THIS COVER: MESSAGE: If questions, please call 828/251-5208. 4 04125/2002 01:58 ok WAr r Q ? November 6, 2001 Certified Mail Raaiurn Receiat Requested Mr. John M. Blackburn, President Linville Resorts, Inc. P.O. Box 99 Linville. NC 28646 Re: Boulder Placement Avery County TWO * 011577 Dear Mr. Blackburn: The Division of Water Quality has reviewed your submittal for a 401 Cefftmoon for the subject project. Your application was not complete since insufficient information was provided to shwa that the proposed stream work will minimize adverse impacts to surface waters and will not result in the degradation of surface waters. This information Is needed by DWO in order for us to decide whether this project is approvable. In order to meet the above requirements the following Information Is necessary: 1) A current application (enclosed) must be filled out and seven copies Provided to this Office. The current application form will provide us with information not provided by outdated application forms. 2) This Office maintains that the installation of large in stream structures without consideration of stream morphology, hydraulics, sediment transport, and flooding issues would result in the destablUT.atkm of a stream in most situations. Placement of large boulders in a stream can result in unanticipated scour, bank erosion, or even flooding. In order for this Office to provide a Certification for the subject project the following information may be necessary to show that the proposed project will minimize adverse impacts to surface waters and will not result In the degradation of surface waters: a) A scour analysis should be done to determine the effect that boulder-placement would have on the stream bed and banks. b) A typical cross section detail must be provided that Includes the boulder size ranges. c) A detailed site plan must be provided showing the 11cmdon of these 0mclures relative to wdsting riffles and/or pools. d) Appendix B in the internal Technical Guide for Stream Work In North Carolina, April 2001, can be used to provide information that can establish the current stability of the stream as well ae its morphological classification. This information is necessary to show that the type of work described In the aappffoation Is appmpileis for the existing stream. o) A pebble count can be used for a preliminary analysis of the stream's sediment transport capability or bedoad. This information can be useful in assessing any potential Inatability that the boulder placement would cause. Although this Office would not require such information, it is recommended that you consider any potential flooding Issues that may be created by the placement of these structures. Please contact Todd St. John of this Office at (91g) 733-9584 If you have ary questions. Until the above Information is received, I will place this project on hold due to incomplete Information (15A NCAC 21-1.0607(a)(4)). Program cr,: Asheville DWQ Regional Office John 130a7e, Fish and Wildlife Associates, PO Box 241, Whittier, NC 28789 Todd St_ John Central Files ,: NIM, - g ? PAGE 02 Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe. PKD., Acting Director Division of Water Duality North Carolina Division of Water Quality, 401 Wetlands CorsflC 00n 1Jntt, imm Mail Service Center, Raleigh NO 27OW11360 (MeRV Addrm) 2321 Crabirtia Blvd., Raleigh, NO 27W4-2280 (Location) 919-7:3,'1-1786 (phoria), 919-733-6893 (tax), httpJlh2o.onf lMte.Mus/riL%W lands/ 1: i i Nc1'rt:li C arolinaWadffe Resources-C?oinm'ss?tj;r1 C:i?arl?s R.. Fulfwoud,Executivr. Dircc-tor NA f:fV1ORANIX IM t't ): Vi nn Smith, Permit Coordinator * Asheville Office. U.S. Army Corps of Engineers 9 11,W )N1: Ron l.Jn,vi Ile, Regional Coordinaal I habitat Conservation Program ` I )A'1'1:: February I i, 2002 ?1.11"Urt-'T: Ri:view of 404 Application by Linville Resorts, Inc., Trout 1 nhancen- nt Stnictures. near Cramp Lynn Haven Bridge, Linville River, Avery County The applicant. is requesting a letter of concurrence -from the North. C..a.rolina W1IdIIfe Re:SOUrccs Commission (NCWRC) to obtain a 4()4 permit from the U, S. Army Corps cif Elnfil)ecrs. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar witb habitat values of the prqjec;t area.. These voinmenu arc; provided in accordance with provisions of the Clean Water Act of 1977 0.1f 1 I. `+.C. 4(.)6 et. scq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended: 10 1.1.5.C-`.. 661-667d). I invi Ile ]resorts proposes to install boulders instream and alol)g the edge of Linville sliver helow toe confluence of Grandmother Creek. A generic boulder 131;?«.ment sclieitiatic has been provided for permit review consideration. Portions of the Linville River below this area are Hatchery Supported Trout Water and according to the v(' Division of Water Quality, these waters are classified B-Trout. 'T'hese waters support brown and rainbo%v trout. All hough we do not olyiect to trout enhancement stnictures generally, we are Cxfiu'.0111 d about the generic design and the potential risk of secondary impact:, to -ainbank stability. "Me design indicates that boulders will be installed linearly along 5irc the river edge. 1'lu information provided is not sufficient for an adequate review. We recommend that the applicant provide additional information about the project, including c111 cv!ihic?tion of channel conditions and dimensions. J'he additional information should ,Mail;ng Address.: i.fivislon r,i f nhiud Fisheries • 1721 Mail Sr--rvicr ( :enter - Raielg,, NC 2.7699 1 M. 'telephone- (919) 733-3633 ext. 281 9 Fax: (919) 715-7641 Linville Resorts, Inc. 404 Permit 2 Felnuary 15, 2002 include a plan view for the entire reach, specific structure designs, and cxact iocahons li,r inst.rearn and hank activities. The location of these devices should be bssed on stream stabilization and desired habitat improvements. Plans should i.ncludc state-of-the art bioengineering geomorphic evaluations as well as structure installation teChIriyucs. The inclusion of native vegetation. along with hard structures should be considered 1*or- additional habitat benefits. In our view, the installation of trout enhancement structures must not cause harm to the stability of river ecosystem. Habitat improvements utilizing procedures like w-weirs or.1-hooks, siIII ital t<r those developed by Mr. Dave Rosgen of Wildland Hydrology in Pagosa Sprints, Colorado have been shown to be much improved habitat improvement pract.icc.s. 'I-hcsc structures are self maintaining, do not significantly interfere with natural Ilow regimes;, and should provide better holding habitat. The US Natural Resources and c. on"'crvatirrrr Service (NRCS) has also developed similar stream corridor restoration guidance. We recommend that the applicants or their consultants contact the local NRC'S ollice to determine if the NRCS can provide a site evaluation review or provide any :icirfloo.i.1al recommendations. If the project is approved after further review, we. will recommend that all instream.work and land disturbance within the 25-foot wide buffer zone be prolribilcrl during the trout spawning seasons of October 15 through April 15 to protect tlic ct?,tr. turd fry stages of trout. Additionally, we will recommend that a photographic record should be developed and maintained for the area (including areas immediately upstreattr and downstream) in order to document and evaluate any unanticipated ecosysiern impacts. Thank you for the opportunity to review and comment on this pro cc.t. 1 t' vrrrt have any questions regarding these comments, please contact me at 336/769-945:;. Cc: Mike Parker, DWQ - Asheville Mark Cantrell, i JSF WS Alan Walker, NRCS t?0 39Vd b 89:T0 Z08Z/9Z/be l Fish and Wildlife Associates, Inc. P.O. Box 241 25 Water Tower Lane Whittier, NC 28789 (828) 497-6505 April 16, 2002 Tim Smith Permit Coordinator Asheville Office lJ S Army, C of E 151 Patton Ave:. Asheville, NC 28801 Re: Boulder Placement Avery County DWQ # 011577 Dear Tim: Enclosed is the revised 404-permit applica iron for the boulder placement project on the Linville River, The new design for the boulder placement is the result of our meeting on April I t , 2002 with you and the following resource staff: Ron Linville, NC WRC Joe Mickey, NC WRC Bob Drown, NC WRC Mike Parker, NC DENR DWQ All parties present agreed to the following permit conditions: 1) Use new or low-hour equipment 2) Walk boulders upstream from the Camp Lynn Haven Bridge 3) Embed boulders into the streambed 4) Position boulders no more than 8-10 inches above the water SurfilCC 5) Place boulders near the center of the stream 6) Do not place any boulders along the edge of the stream No other studies or data collection were requested for the project. 90 39Vd t, 85:10 zeoz/sz/ro 0412512002 01:58 I f you have any qucstions, please call me. sincerely, Jahn L Boaze, Senior Biologist PAGE 06 cc: W. W. Wood, Kawam Fislhtg Chub Todd St. Jahn, DWQ, Raleigh. NC 04/2512002 01:58 PAGE 07 &AIC 1 inch - 24 feet Tentative boulder placement in the Linville River above the Camp Haven Bridge, Linville, NC. O?0? WA I9?G rte' o L u. ? Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Certified Mail Return Receipt Requested Mr. John M. Blackburn, President Linville Resorts, Inc. P.O. Box 99 Linville, NC 28646 Dear Mr. Blackburn: April 28, 2002 Re: Boulder Placement Avery County DWQ # 011577 The Division of Water Quality has reviewed your submittal for a 401 Certification for the subject project. Your application was not complete since insufficient information was provided to show that the proposed stream work will minimize adverse impacts to surface waters and will not result in the degradation of surface waters. We requested specific information in a November 6, 2002 letter to you. Unfortunately the April 16, 2002 submittal does not address these questions. This information is needed by DWQ in order for us to decide whether this project is approvable. In order to meet the above requirements the following information is necessary: 1) A current application (enclosed) must be filled out and seven copies provided to this Office. The current application form will provide us with information not provided by outdated application forms. 2) This Office maintains that the installation of large in stream structures without consideration of stream morphology, hydraulics, sediment transport, and flooding issues would result in the destabilization of a stream in most situations. Placement of large boulders in a stream can result in unanticipated scour, bank erosion, or even flooding. In order for this Office to provide a Certification for the subject project the following information may be necessary to show that the proposed project will minimize adverse impacts to surface waters and will not result in the degradation of surface waters: a) A scour analysis should be done to determine the effect that boulder placement would have on the stream bed and banks. b) A typical cross section detail must be provided that includes the boulder size ranges. c) A detailed site plan must be provided showing the location of these structures relative to existing riffles and/or pools. d) Appendix B in the Internal Technical Guide for Stream Work in North Carolina, April 2001, can be used to provide information that can establish the current stability of the stream as well as its morphological classification. This information is necessary to show that the type of work described in the application is appropriate for the existing stream. e) A pebble count can be used for a preliminary analysis of the stream's sediment transport capability or bedload. This information can be useful in assessing any potential instability that the boulder placement would cause. Although this Office would not require such information, it is recommended that you consider any potential flooding issues that may be created by the placement of these structures. Please contact Todd St. John of this Office at (919) 733-9584 if you have any questions. Until the above information is received, I will place this project on hold due to incomplete information (15A NCAC 2H .0507(a)(4)). Program cc: Asheville DWQ Regional Uttice John Boaze, Fish and Wildlife Associates, PO Box 241, Whittier, NC 28789 Todd St. John Central Files North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ O?0 wAT? Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Certified Mail Return Receipt Requested Mr. John M. Blackburn, President Linville Resorts, Inc. P.O. Box 99 Linville, NC 28646 i Vl M Re: Boulder Placem t e Avry Coun ` 2 ?p I 6 Z? 2- DWQ # 01 77 10 / Dear Mr. Blackburn: ?? r CX? v The Division of Water Quality has reviewed your submittal for a O1 Certification for the subject project. Your application was not h t complete since insufficient information was provided to show t at the proposed stream work will minimize adverse impacts to surface waters and will not result in the degradation of surface waters., his information is needed by DWQ in order for us to decide whether this project is approvable. In order to meet the above requirements the following information is necessary: 1) A current application (enclosed) must be filled out and seven copies provided to this Office. The current application form will provide us with information not provided by outdated application forms. 2) This Office maintains that the installation of large in stream structures without consideration of stream morphology, hydraulics, sediment transport, and flooding issues would result in the destabilization of a stream in most situations. Placement of large boulders in a stream can result in unanticipated scour, bank erosion, or even flooding. In order for this Office to provide a Certification for the subject project the following information may be necessary to show that the proposed project will minimize adverse impacts to surface waters and will not result in the degradation of surface waters: a) A scour analysis should be done to determine the effect that boulder placement would have on the stream bed and banks. b) A typical cross section detail must be provided that includes the boulder size ranges. c) A detailed site plan must be provided showing the location of these structures relative to existing riffles and/or pools. d) Appendix B in the Internal Technical Guide for Stream Work in North Carolina, April 2001, can be used to provide information that can establish the current stability of the stream as well as its morphological classification. This information is necessary to show that the type of work described in the application is appropriate for the existing stream. e) A pebble count can be used for a preliminary analysis of the stream's sediment transport capability or bedload. This information can be useful in assessing any potential instability that the boulder placement would cause. Although this Office would not require such information, it is recommended that you consider any potential flooding issues that may be created by the placement of these structures. Please contact Todd St. John of this Office at (919) 733-9584 if you have any questions. Until the above information is received, I will place this project on hold due to incomplete information (15A NCAC 2H .0507(a)(4)). Sincerely, John R. Dorney Water Quality Certification Program cc: Asheville DWQ Regional Office John Boaze, Fish and Wildlife Associates, PO Box 241, Whittier, NC 28789 Todd St. John Central Files April 28, 2002 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ o WA TF `O? 9QG Michael F. Easley Governor CrJ r _ William G. Ross, Jr., Secretary > Department of Environment and Natural Resources _ Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Ne?1 Certified Mail Retum Receipt Requested y- a 3-c, -z Mr. John M. Blackburn, President Linville Resorts, Inc. P.O. Box 99 Linville, NC 28646 Re: Boulder Placement Avery County DWQ 4 011577 Dear Mr. Blackburn: The Division of Water Quality has reviewed yow.submittal for a 401 Gertification for the subject project. Your application was not complete since insufficient information was prmi ed to show that the proposed stream work will minimize adverse impacts to surface waters and will not result in the degradation of =face waters. This information is needed by DWQ in order for us to decide whether this project is approvable. In order to meet the abaure requirements the following information is necessary: 1) A current application (enclosed) must be %daut and seven copies provided to this Office. The current application form wtil provide us with information not provided byautdated application forms. 2) This Office maintains that the installation oliarge in stream structures without consideration of stream morphology, hydrauriics, sediment transport, and flooding issues va ild result in the destabilization of a stream in most situations. Placement of large boulders in a stream can result in unanticiWedscour, bank erosion, or even flooding. In order for this Office to provide a Certification for the subject project the folkwhg infoanalion may be necessary to show that the proposed project will minimize adverse impacts to surface waters and vin bot result in the degradation of surface waters: a) A scour analysis should be done to claarsile time effect that boulder placement would have on the stream bed and banks. b) A typical cress section detail must bep ovided that includes the boulder size ranges. c) A detailed site plan must. be provides3sl?rnning t c- location of these structures relative to existing riffles and/or pools- d) Appendoc B in the Internal Technicall @aide for Stream Wrxk in North Carolina, April 2001, can be used to provide iziormation that can establish the current stabMyd the stream as wed as its morphological ciassificatiom This information is necessary to show that the type of work descnbedkthe application is appropriate for the existing stream. e) A pebble count can be used for a pridwinary analysis of tf-ae stream's sediment transport capability or bedloaid,. l information can be useful in assesskgany poterilial imstabfty that the boulder placement would cause. Although this Office would not require such irlb antion, I is recomrriernded that you consider any potential flooding' ue5 that may be created by the placement of these stnxxures_ Please contact Todd SL John of this Office AIMS) 733-9584 1 you F--A-m arry a3estions. Until the above information is receives, I will place ttirs project on hold due to ir=mplete kftriation (1&A NCAC Z-i .05W(0X4)). .:;s- North Czx1ina Division of WalivO>ardy, 401 nfa&sds Ce-jfcabcri Urul, 1650 LW Service Center, Rah%kNC 27eSog-16W (Ma rDg M&ESO 2321 Crzftrse Blvd., RaWo, XC 27604-225D (Lccatk-a 919-733-1726 (phone), 919-733993 (fax). hroW/h2o.ecrs-,Ptex c.isF,cwetiands/ r Fish and Wildlife Associates, Inc. P.O. Box 241 25 Water Tower Lane Whittier, NC 28789 (828) 497-6505 April 16, 2002 Tim Smith Permit Coordinator Asheville Office US Army, C of E 151 Patton Ave. Asheville, NC 28801 Re: Boulder Placement Avery County DWQ # 011577 Dear Tim: Q Enclosed is the revised 404-permit application for the boulder placement project on the Linville River. The new design for the boulder placement is the result of our meeting on April 11, 2002 with you and the following resource staff: Ron Linville, NC WRC Joe Mickey, NC WRC Bob Brown, NC WRC Mike Parker, NC DENR DWQ All parties present agreed to the following permit conditions: 1) Use new or low-hour equipment 2) Walk boulders upstream from the Camp Lynn Haven Bridge 3) Embed boulders into the streambed 4) Position boulders no more than 8-10 inches above the water surface 5) Place boulders near the center of the stream 6) Do not place any boulders along the edge of the stream No other studies or data collection were requested for the project. If you have any questions, please call me. Sincerely 401hn L. Boaze, Senior Biologist Cc: W. W. Wood, Kawana Fishing Club Todd St. John, DWQ, Raleigh, NC ,OF-L. I ACTION NO: Nationwide Permit Requested (Provide Nationwide Permit #): 198600020 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 DIVISION OF WATER QUALITY ATTN: MR. JOHN DORNEY 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone (919) 733-1786 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: Linville Resorts, Inc. 2. Owners Address: P.O. Box 99, Linville, NC 28646 3. Owners Phone Number (Home): (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: John Boaze Fish and Wildlife Associates, PO Box 241, Whittier, NC 28789; 828/497-6505 5. Location of work (MUST ATTACH MAP). County: Avery Nearest Town or City: Linville Specific Location (Include road numbers, landmarks, etc): US 221 south of Linville at the entrance to Camp Linn-Haven; Linville River from the Camp bridge upstream to the confluence with Grandmother Creek. 6. Name of Closet Stream/River: Linville River 7. River Basin: Catawba River Basin 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II ? YES [X] NO [ ) 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X] If yes, explain. 10. Estimated total number of acres of water of the U.S., including wetlands, located on project site: 1,000 linear feet 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: Excavated: Total Impacted: 1,000 linear feet 12. Description of proposed work (Attach PLANS - 8 %2" X 11" drawings only): Installation of trout enhancement structures in the Linville River. Stuctures will include boulder placement. 13. Purpose of proposed work: Installation of fish enhancement structures in mountain trout waters of Linville River. To improve the trout habitat in the Linville River. 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. N/A 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence of any Federally listed or proposed for listing endangered species or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES [X] NO [] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES [ X] NO[ ] RESPONSE FOR THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. N/A B. If available, representative photograph of wetlands to be impacted by project. N/A C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. N/A D. If a stormwater management plan is required for this project, attach copy. N/A E. What is land use of surrounding property? Undeveloped (100 acres+); residential, golf course resort, and summer camps. F. If applicable, what is proposed method of sewage disposal? N/A gent/Owner's Signat to PROPOSED SCOPE OF WORK FOR THE LINVILLE RIVER Linville Resorts proposes to place a series of boulders in the Linville River in the vicinity of the Camp Lynn Haven Bridge (See attached map). At the present time, this section of river which is located just below the confluence of the the Linville River and Grandmother Creek, is a long pool with almost no instream cover. The design of the boulder placement will be approximately the same as outlined in the attached figure. E "k Pa 1 '2 L' f .? } Tt_:r- p ff jjf •4 I, _ + •? JJf i yr ?? -?? , ? well . Luke Kuwu_11:&a f y ?..'r • 01 t3 Y -Haven 5 ? 81 7' t Camp T xi A, Yonaa117oka C-amp Carolina" ,r *40 rjU+ 14f ;Pet V W Name: NEWLAND Date: 9/42001 Scale: 1 inch equals 1000 fleet Location: 036° 03' 03.4" N 081 ° 53'06.3" W Caption: Proposed location for boulder placement, Kawa na Fishing Club, Linville, NC. . MeptaM. Inc. r V?J i r i U? Scale 1 inch = 20 feet y Tentative boulder placement in the Linville River above the Camp Haven Bridge, Linville, NC. ?J5 SENT A i • ??A. LE NG 1892 Linville Qe8orts, Inc. The Eseeola bodge January 17, 2001 Mr. John L. Boaze Fish and Wildlife Associates, Inc. PO Box 241 Whittier, NC 28789 Dear Mr. Boaze, This letter will confirm your designation as our agent. You are hereby authorized to act on behalf of the resort in regards to all issues pertaining to the environment and the regulation of the environment. We appreciate your willingness to act in this capacity. Sincerely, t John M. Blackburn John M. Blackburn ob "I'cl. (828) 7"33-4`_311 Prcadenl- - General Manager -T;98s Z00o Pi1X (828) 53 3227 P.O. Box 99 0 Linville, Norl.h Caroline 28646 Fish and Wildlife Associates, Inc. P.O. Box 241 25 Water Tower Lane Whittier, NC 28789 (828) 497-6505 September 7, 2001 North Carolina Wildlife Resources Commission Archdale Bldg. 512 North Salisbury St. Raleigh, NC 27611 Dear Sir: Linville Resorts, Inc. proposes to install fish enhancement structures in the Linville River, Linville, NC. This boulder placement program will be carried out in accordance with the publication, "Fish Habitat Improvement Handbook," Technical Publication R8-TP 7, U.S. Department of Agriculture, Forest Service, Southern Region. The section of stream that is proposed for this work is an approximate 1000-foot of stream of the Camp Lynn Haven Bridge. A copy of the location map and the proposed design is attached. In accordance with the instruction for C of E General Permit, please review and provide me with your comments on this project. If you have any questions or would like to visit the site, please contact me. Sincerely, John L. Blaze, Senior Biologist Fish and Wildlife Associates, Inc. Main Office at: PO BOX 241 Tel (828) 497-6505 25 Water Tower Lane Whittier, NC 28789 Fax (828) 497-6213 Whittier, NC 28789 Email fwaCdnet.net September 7, 2001 North Carolina Department of Cultural Resources State Historic Preservation Office Attn: Renee Gledhill-Earley 4617 Mail Service Center Raleigh, NC 27699-4617 Dear Ms. Gledhill-Earley: Fish and Wildlife Associates, Inc. has been retained by Kawana Fishing Club to conduct a trout habitat improvement project on 800 feet of the Linville River immediately upstream of the Camp Lynn Haven Bridge, Linville, NC. Work will consist of placing approximately 15 large boulders in the stream to improve trout habitat. See the attached map of project location. Please send me a current list of the species of concern for the county and please comment on any specific concerns which the USFWS may have concerning this project. John L. Boaze, Senior Biologist, Fish and Wildlife Associates, Inc will be the agent for Kawana Fishing Club for the 404/401 permit application. Thank you for your time and cooperation. Sincerely, Pamela M. Boaze President Fish and Wildlife Associates, Inc. P.O. Box 241 25 Water Tower Lane Whittier, NC 28789 (828) 497-6505 September 4, 2001 US Fish and Wildlife Service Asheville Field Office 160 7.illicoa Street Asheville, NC 28801 Dear Sir: Fish and Wildlife Associates, Inc. has been retained by Kawana Fishing Club to conduct a trout habitat improvement project on 800 feet of the Linville River immediately upstream of the Camp Lynn Haven Bridge, Linville, NC. Work will consist of placing approximately 15 large boulders in the stream to improve trout habitat. See the attached map of project location. Please send me a current list of the species of concern for the county and please comment on any specific concerns which the USFWS may have concerning this project. John L. Boaze, Senior Biologist, Fish and Wildlife Associates, Inc will be the agent for Kawana Fishing Club for the 404/401 permit application. Thank you for your time and cooperation. Sincerely, Pamela M. Boaze President Fish and Wildlife Associates, Inc. P.O. Box 241 25 Water Tower Lane Whittier, NC 28789 (828) 497-6505 September 7, 2001 U. S. Fish and Wildlife Service Endangered Species Field Office 160 Zillicoa St. Asheville, NC 28801 Dear Sir: Linville Resorts, Inc. proposes to install fish enhancement structures in the Linville River, Linville, NC. This boulder placement program will be carried out in accordance with the publication, "Fish Habitat Improvement Handbook," Technical Publication R8-TP 7, U.S. Department of Agriculture, Forest Service, Southern Region. The section of stream that is proposed for this work is an approximate 1000-foot of stream of the Camp Lynn Haven Bridge. A copy of the location map and the proposed design is attached. In accordance with the instruction for C of E General Permit, please review and provide me with your comments on this project. If you have any questions or would like to visit the site, please contact me. Sincerely, John L. Blaze, Senior Biologist Fish and Wildlife Associates, Inc. P.O. Box 241 25 Water Tower Lane Whittier, NC 28789 (828) 497-6505 September 7, 2001 U. S. Fish and Wildlife Service Fish and Wildlife Enhancement P. O. Box 33726 Raleigh, NC 27636-3726 Dear Sir: Linville Resorts, Inc. proposes to install fish enhancement structures in the Linville River, Linville, NC. This boulder placement program will be carried out in accordance with the publication, "Fish Habitat Improvement Handbook," Technical Publication R8-TP 7, U.S. Department of Agriculture, Forest Service, Southern Region. The section of stream that is proposed for this work is an approximate 1000-foot of stream of the Camp Lynn Haven Bridge. A copy of the location map and the proposed design is attached. In accordance with the instruction for C of E General Permit, please review and provide me with your comments on this project. If you have any questions or would like to visit the site, please contact me. Sincerely, John L. Blaze, Senior Biologist United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 September 12, 2001 Ms. Pamela M. Boaze, President Fish and Wildlife Associates, Inc. P.O. Box 241 Whittier, North Carolina 28789 Dear Ms. Boaze: Subject: Kawana Fishing Club at Linville Resorts, Inc. (Fish Habitat Structures), Avery County, North Carolina In your letters dated September 4 and September 7, 2001, you requested our comments with regard to the subject project. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Endangered Species. Enclosed is a list of the federally endangered and threatened species known from Avery County, North Carolina. This list also includes species of Federal concern that are currently under status review by the U.S. Fish and Wildlife Service which may occur in the project impact area. In accordance with the Act it is the responsibility of the appropriate Federal agency to review its activities or programs and to identify any such activities or programs that may affect endangered or threatened species or their habitats. If it is determined that this proposed action may adversely affect any species federally listed as endangered or threatened, formal consultation with this office must be initiated. Thus, we recommend that if appropriate habitat is available in the project area for any of the federally listed species included on the enclosed list, surveys should be conducted prior to project initiation in order to determine if any species are present. Erosion Control. Given the proximity of the project to aquatic environments, we want to emphasize that stringent sedimentation- and erosion-control measures should be implemented prior to ground disturbance and should be maintained throughout project construction. Thank you for allowing us to comment on this project. Please contact Mr. Mark Cantrell of our staff at 828/258-3939, Ext. 227, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-01-617. c ly, Si 7 Brian P. Cole State Supervisor Enclosure ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL SPECIES OF CONCERN, AVERY COUNTY, NORTH CAROLINA This list was adapted from the North Carolina Natural Heritage Program's County Species List. It is a listing, for Avery County, of North Carolina's federally listed and proposed endangered, threatened, and candidate species and Federal species of concern (for a complete list of rare species in the state, please contact the North Carolina Natural Heritage Program). The information in this list is compiled from a variety of sources, including field surveys, museums and herbariums, literature, and personal communications. The North Carolina Natural Heritage Program's database is dynamic, with new records being added and old records being revised as new information is received. Please note that this list cannot be considered a definitive record of listed species and Federal species of concern, and it should not be considered a substitute for field surveys. Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated or proposed. Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur. However, projects may have effects on downstream aquatic systems in adjacent counties. COMMON NAME SCIENTIFIC NAME STATUS AVERY COUNTY Proposed Critical Habitat Designation: Spruce-fir moss spider, Microhexura montivaga - Proposed critical habitat designation (see the October 6, 2000, Federal Register 65:59798-59814). Vertebrates Southern Appalachian saw-whet owl Aegolius acadicus FSC Bog turtle Clemmys muhlenbergii T(S/A)I Virginia big-eared bat Corynorhinus (=Plecotus) townsendii Endangered Hellbender Carolina northern flying squirrel Southern Appalachian red crossbill Southern rock vole Eastern small-footed bat Alleghany woodrat Southern Appalachian black-capped chickadee Southern water shrew Southern Appalachian yellow-bellied sapsucker Appalachian cottontail Appalachian Bewick's wren virginianus Cryptobranchus alleganiensis FSC Glaucomys sabrinus coloratus Endangered Loxia curvirostra FSC Microtus chrotorrhinus carolinensis FSC Myotis leibii FSC Neotoma magister FSC Parus atricapillus practicus FSC Sorex palustris punctulatus FSC Sphyrapicus varius appalaciensis FSC Sylvilagus obscurus FSC Thryomanes bewickii altus FSC April 12, 2001 Page I of 2 COMMON NAME SCIENTIFIC NAME STATUS Invertebrates Grayson crayfish ostracod Ascetocythere cosmeta FSC Spruce-fir moss spider Microhexura montivaga Endangered Diana fritillary butterfly Speyeria diana FSC Regal fritillary butterfly Speyeria idalia FSC Vascular Plants Fraser fir Abies fraseri FSC Mountain bittercress Cardamine clematitis FSC Bent avens Geum geniculatum FSC Spreading avens Geum radiatum Endangered Roan Mountain bluet Houstonia montana (=Hedyotis purpurea Endangered var. montana) Butternut Juglans cinerea FSC Heller's blazing star Liatris helleri Threatened Gray's lily Lilium grayi FSC Bog bluegrass Poa paludigena FSC Carolina saxifrage Saxifraga caroliniana FSC Blue Ridge goldenrod Solidago spithamaea Threatened Nonvascular Plants Rock gnome lichen Gymnoderma lineare Endangered A liverwort Plagiochila sullivantii var. sullivantii FSC A liverwort Plagiochila virginica var. caroliniana FSC A liverwort Sphenolobopsis pearsonii FSC KEY: Status Definition Endangered A taxon "in danger of extinction throughout all or a significant portion of its range." Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." FSC A Federal species of concern--a species that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). T(S/A) Threatened due to similarity of appearance (e.g., American alligator )--a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. 'In the November 4, 1997, Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land-management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. April 12, 2001 Page 2 of 2 O wArF RQ Michael F. Easley G Governor 7, _ William G. Ross, Jr., Secretary `== Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality V Certified Mail Return Receipt Reauested Mr. John M. Blackburn, President Linville Resorts, Inc. P.O. Box 99 Linville, NC 28646 Dear Mr. Blackburn: November 6, 2001 Re: Boulder Placement Avery County DW Q i 011577 The Division of Water Quality has reviewed your submittal for a 401 Certification for the subject project. Your application was not complete since insufficient information was provided to show that the proposed stream work will minimize adverse impacts to surface waters and will not result in the degradation of surface waters. This h4ormation is needed by DWQ in order for us to decide whether this project is approvable. In order to meet the above requirements the following information is necessary: 1) A current application (enclosed) must be filed out and seven copies provided to this Office. The current application form will provide us with information not provided by outdated application km-1s. 2) This Office maintains that the installation of large in stream stnx%ges without consideration of stream morphology, hydraulics, sediment transport, and flooding issues would result in the destab3¢ation of a stream in most situations. Placement of large boulders in a stream can result in unanticipated scour, bank erosion, or evert flooding. In order for this Office to provide a Certification for the subject project the follaMng information may be necessary to show that the proposed project will minimize adverse impacts to surface waters and wfll not result in the degradation of surface waters: a) A scour analysis should be done to determine the effect that boulder placement would have on the stream bed and banks. b) A typical cross section detail must be provided that ncludes the boulder size ranges. c) A detailed site plan must be provided showing the location of these structures relative to existing riffles andlor pools. d) Appendix B in the Internal Technical Gunde for Stream Work in North Carolina, April 2001, can be used to provide iraommation that can establish the current stability of the stream as we* as its morphological classificatiom This informiafion is nary to show that the type of work described in the application is appropriate for the existing stream. e) A pebble count can be used for a preiminary analysis of The stream's sediment transport capability or bedload. This reformation can be useful in assessing any potemiffiJal nstabillityr that the boulder placement would cause. Although this Office would not require such information, it is recomrnended that you consider any potential flooring issues that may be created by the placement of these structures. Please contact Todd St. John of this Office at (919) 733-9584 1 you beve any questions. Until the above information is received, I will place this project on hold due to kicoumplete information (15A NCAC 2-I A507(a)(4)). Program ?r cc. Asheville D WO Fkxlki mall Office ?j John Boaze, Fish and WiMe Associates, PO Box 241, VVtft r, NC 2UM Todd SL John Central Fees North Camino Division of Water Omuarity, 401 Ylettands Celft anon tAiit, 1650 Mail Service Center, Raleigfms, NC 27699-1650 R&dl'cug Addresy 2321 Crabbee Btvd_, Raleigh, NC 27604-2290 tl..ocatior4 919-7331786 Viorme), 919-733-68M (fax), hdOV/h2o.ecwstate.ncAnkmetlands/ Fish and Wildlife Associates, Inc. P.O. Box 241 25 Water Tower Lane Whittier, NC 28789 (828) 497-6505 October 16, 2001 011577 Division of Water Quality Attn: Mr. John Dorney 1650 Mail Service Center - Raleigh, NC 27699-1650 PAYMENT Dear Mr. Dorney: RECEIVED On behalf of Linville Resorts, Inc., enclosed is our application to place fish habitat structures in the Linville River. If you have any questions, please call me at (828) 497-6505. Sincerely, John L. Boaze, Senior Biologist cc: W. W. Wood, President Kawana Fishing Club 6?. DEM ID: 01157 7 ACTION NO: Nationwide Permit Requested (Provide Nationwide Permit ft 198600020 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 DIVISION OF WATER QUALITY ATTN: MR. JOHN DORNEY 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone (919) 733-1786 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1.0 wners Name: Linville Resorts, Inc. 2. Owners Address: P.O. Box 99, Linville, NC 28646 3. Owners Phone Number (Home): (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: John Boaze Fish and Wildlife Associates, PO Box 241, Whittier, NC 28789; 828/497-6505 5. Location of work (MUST ATTACH MAP). County: Avery Nearest Town or City: Linville Specific Location (Include road numbers, landmarks, etc): US 221 south of Linville at the entrance to Camp Linn-Haven; Linville River from the Camp bridge upstream to the confluence with Grandmother Creek. 6. Name of Closet Stream/River: Linville River 7. River Basin: Catawba River Basin 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II ? YES [X] NO [ ] 9. Have any Section 404 permits been previously requested for use on this properly? YES [ ] NO [X] If yes, explain. 10. Estimated total number of acres of water of the U.S., including wetlands, located on project site: 1,000 linear feet 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: Excavated: Total Impacted: 1,000 linear feet T f LLUHVED 12. Description of proposed work (Attach PLANS - 8 %2" X 11" drawings only): Installation of trout enhancement structures in the Linville River. Stuctures will include boulder placement. 13. Purpose of proposed work: Installation of fish enhancement structures in mountain trout waters of Linville River. To improve the trout habitat in the Linville River. 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. N/A 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence of any Federally listed or proposed for listing endangered species or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES [X] NO [] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES [ X] NO[ ] RESPONSE FOR THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. N/A B. If available, representative photograph of wetlands to be impacted by project. N/A C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. N/A D. If a stormwater management plan is required for this project, attach copy. N/A E. What is land use of surrounding property? Undeveloped (100 acres+); residential, golf course resort, and summer camps. F. If applicable, what is proposed method of sewage disposal? N/A gent/Owner's Signat a Da e PROPOSED SCOPE OF WORK FOR THE LINVILLE RIVER Linville Resorts proposes to place a series of boulders in the Linville River in the vicinity of the Camp Lynn Haven Bridge (See attached map). At the present time, this section of river which is located just below the confluence of the the Linville River and Grandmother Creek, is a long pool with almost no instream cover. The design of the boulder placement will be approximately the same as outlined in the attached figure. ,,. &L i P rk Pa 12, if,- r qu • 5 a + i . _- ? ?! 111 Apip !^? ?[TL)RIr.}]T1C??,t`1. - ? , f` 1 r. r f Camp Carolina' `- ~x ?+• J ;ZJ Zf r pf ! ?? l ? f ? >>`• ? ?-` o ?11 jr Name: NEWLAND Location: 036° 03'03.4" N 081° 53'06.a' W Date: 9/4/2001 Caption: Proposed location for boulder placement Kawana Fishing Club, Scale: 1 inch equals 1000 feet Linville, NC. i Scale 1 inch = 20 feet Tentative boulder placement in the Linville River above the Camp Haven Bridge, Linville, NC. i 0J? VENT AUx?G _ ?r o ;II Z ? o f? I y •?JLL NG • 1892 Linville I-e8o&, Inc. The Eseeola bodge January 17, 2001 Mr. John L. Boaze Fish and Wildlife Associates, Inc. PO Box 241 Whittier, NC 28789 Dear Mr. Boaze, This letter will confirm your designation as our agent. You are hereby authorized to act on behalf of the resort in regards to all issues pertaining to the environment and the regulation of the environment. We appreciate your willingness to act in this capacity. Sincerely, bt.Gl? u?- John M. Blackburn John M. Blackburn -- Tcl. (828) 733-4311 Mobil President. - General Manager i Sfi 2000 [AX (828) 733-3227 P.O. Box 99 • Linville, North Carolina 28646 Fish and Wildlife Associates, Inc. P.O. Box 241 25 Water Tower Lane Whittier, NC 28789 (828) 497-6505 September 7, 2001 North Carolina Wildlife Resources Commission Archdale Bldg. 512 North Salisbury St. Raleigh, NC 27611 Dear Sir: Linville Resorts, Inc. proposes to install fish enhancement structures in the Linville River, Linville, NC. This boulder placement program will be carried out in accordance with the publication, "Fish Habitat Improvement Handbook," Technical Publication R8-TP 7, U.S. Department of Agriculture, Forest Service, Southern Region. The section of stream that is proposed for this work is an approximate 1000-foot of stream of the Camp Lynn Haven Bridge. A copy of the location map and the proposed design is attached. In accordance with the instruction for C of E General Permit, please review and provide me with your comments on this project. If you have any questions or would like to visit the site, please contact me. Sincerely, John L. Blaze, Senior Biologist Fish an Wildlife Associates, Inc. Main Office at: PO BOX 241 Tel (828) 497-6505 25 Water Tower Lane Whittier, NC 28789 Fax (828) 497-6213 Whittier, NC 28789 Email fwa@dnet.net September 7, 2001 North Carolina Department of Cultural Resources State Historic Preservation Office Attn: Renee Gledhill-Earley 4617 Mail Service Center Raleigh, NC 27699-4617 Dear Ms. Gledhill-Earley: Fish and Wildlife Associates, Inc. has been retained by Kawana Fishing Club to conduct a trout habitat improvement project on 800 feet of the Linville River immediately upstream of the Camp Lynn Haven Bridge, Linville, NC. Work will consist of placing approximately 15 large boulders in the stream to improve trout habitat. See the attached map of project location. Please send me a current list of the species of concern for the county and please comment on any specific concerns which the USFWS may have concerning this project. John L. Boaze, Senior Biologist, Fish and Wildlife Associates, Inc will be the agent for Kawana Fishing Club for the 404/401 permit application. Thank you for your time, and cooperation. Sincerely, 7 21! Pamela M. Boaze President Fish and Wildlife Associates, Inc. P.o. Box 241 25 Water Tower Lane Whittier, NC 28789 (828) 497-6505 September 4, 2001 US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Dear Sir: Fish and Wildlife Associates, Inc. has been retained by Kawana Fishing Club to conduct a trout habitat improvement project on 800 feet of the Linville River immediately upstream of the Camp Lynn Haven Bridge, Linville, NC. Work will consist of placing approximately 15 large boulders in the stream to improve trout habitat. See the attached map of project location. Please send me a current list of the species of concern for the county and please comment on any specific concerns which the USFWS may have concerning this project. John L. Boaze, Senior Biologist, Fish and Wildlife Associates, Inc will be the agent for Kawana Fishing Club for the 404/401 permit application. Thank you for your time and cooperation. Sincerely, Pamela M. Boaze President Fish and Wildlife Associates, Inc. P.O. Box 241 25 Water Tower Lane Whittier, NC 28789 (828) 497-6505 September 7, 2001 U. S. Fish and Wildlife Service Endangered Species Field Office 160 Zillicoa St. Asheville, NC 28801 Dear Sir: Linville Resorts, Inc. proposes to install fish enhancement structures in the Linville River, Linville, NC. This boulder placement program will be carried out in accordance with the publication, "Fish Habitat Improvement Handbook," Technical Publication R8-TP 7, U.S. Department of Agriculture, Forest Service, Southern Region. The section of stream that is proposed for this work is an approximate 1000-foot of stream of the Camp Lynn Haven Bridge. A copy of the location map and the proposed design is attached. In accordance with the instruction for C of E General Permit, please review and provide me with your comments on this project. If you have any questions or would like to visit the site, please contact me. Sincerely, John L. Blaze, Senior Biologist Fish and Wildlife Associates, Inc. P.O. Box 241 25 Water Tower Lane Whittier, NC 28789 (828) 497-6505 September 7, 2001 U. S. Fish and Wildlife Service Fish and Wildlife Enhancement P. O. Box 33726 Raleigh, NC 27636-3726 Dear Sir: Linville Resorts, Inc. proposes to install fish enhancement structures in the Linville River, Linville, NC. This boulder placement program will be carried out in accordance with the publication, "Fish Habitat Improvement Handbook," Technical Publication R8-TP 7, U.S. Department of Agriculture, Forest Service, Southern Region. - The section of stream that is proposed for this work is an approximate 1000-foot of stream of the Camp Lynn Haven Bridge. A copy of the location map and the proposed design is attached. In accordance with the instruction for C of E General Permit, please review and provide me with your comments on this project. If you have any questions or would like to visit the site, please contact me. Sincerely, John L. Blaze, Senior Biologist Y ` United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 September 12, 2001 Ms. Pamela M. Boaze, President Fish and Wildlife Associates, Inc. P.O. Box 241 Whittier, North Carolina 28789 Dear Ms. Boaze: Subject: Kawana Fishing Club at Linville Resorts, Inc. (Fish Habitat Structures), Avery County, North Carolina In your letters dated September 4 and September 7, 2001, you requested our comments with regard to the subject project. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Endangered Species. Enclosed is a list of the federally endangered and threatened species known from Avery County, North Carolina. This list also includes species of Federal concern that are currently under status review by the U.S. Fish and Wildlife Service which may occur in the project impact area. In accordance with the Act it is the responsibility of the appropriate Federal agency to review its activities or programs and to identify any such activities or programs that may affect endangered or threatened species or their habitats. If it is determined that this proposed action may adversely affect any species federally listed as endangered or threatened, formal consultation with this office must be initiated. Thus, we recommend that if appropriate habitat is available in the project area for any of the federally listed species included on the enclosed list, surveys should be conducted prior to project initiation in order to determine if any species are present. Erosion Control. Given the proximity of the project to aquatic environments, we want to emphasize that stringent sedimentation- and erosion-control measures should be implemented prior to ground disturbance and should be maintained throughout project construction. Thank you for allowing us to comment on this project. Please contact Mr. Mark Cantrell of our staff at 828/258-3939, Ext. 227, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-01-617. Sine ly, Brian P. Cole State Supervisor Enclosure ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL SPECIES OF CONCERN, AVERY COUNTY, NORTH CAROLINA This list was adapted from the North Carolina Natural Heritage Program's County Species List. It is a listing, for Avery County, of North Carolina's federally listed and proposed endangered, threatened, and candidate species and Federal species of concern (for a complete list of rare species in the state, please contact the North Carolina Natural Heritage Program). The information in this list is compiled from a variety of sources, including field surveys, museums and herbariums, literature, and personal communications. The North Carolina Natural Heritage Program's database is dynamic, with new records being added and old records being revised as new information is received. Please note that this list cannot be considered a definitive record of listed species and Federal species of concern, and it should not be considered a substitute for field surveys. Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated or proposed. Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur. However, projects may have effects on downstream aquatic systems in adjacent counties. COMMON NAME SCIENTIFIC NAME STATUS AVERY COUNTY Proposed Critical Habitat Designation: Spruce-fir moss spider, Microhexura montivaga - Proposed critical habitat designation (see the October 6, 2000, Federal Register 65:59798-59814). Vertebrates Southern Appalachian saw-whet owl Aegolius acadicus FSC Bog turtle Clemmys muhlenbergii T(S/A)' Virginia big-eared bat Corynorhinus (=Plecotus) townsendii Endangered Hellbender Carolina northern flying squirrel Southern Appalachian red crossbill Southern rock vole Eastern small-footed bat Alleghany woodrat Southern Appalachian black-capped chickadee Southern water shrew Southern Appalachian yellow-bellied sapsucker Appalachian cottontail Appalachian Bewick's wren virginianus Cryptobranchus alleganiensis FSC Glaucomys sabrinus coloratus Endangered Loxia curvirostra FSC Microtus chrotorrhinus carolinensis FSC Myotis leibii FSC Neotoma magister FSC Parus atricapillus practicus FSC Sorex palustris punctulatus FSC Sphyrapicus varius appalaciensis FSC Sylvilagus obscurus FSC Thryomanes bewickii altus FSC April 12, 2001 Page 1 of 2 COMMON NAME SCIENTIFIC NAME STATUS Invertebrates Grayson crayfish ostracod Ascetocythere cosmeta FSC Spruce-fir moss spider Microhexura montivaga Endangered Diana fritillary butterfly Speyeria diana FSC Regal fritillary butterfly Speyeria idalia FSC Vascular Plants Fraser fir Abies fraseri FSC Mountain bittercress Cardamine clematitis FSC Bent avens Geum geniculatum FSC Spreading avens Geum radiatum Endangered Roan Mountain bluet Houstonia montana (=Hedyotis purpurea Endangered var. montana) Butternut Juglans cinerea FSC Heller's blazing star Liatris helleri Threatened Gray's lily Lilium grayi FSC Bog bluegrass Poa paludigena FSC Carolina saxifrage Saxifraga caroliniana FSC Blue Ridge goldenrod Solidago spithamaea Threatened Nonvascular Plants Rock gnome lichen Gymnoderma lineare Endangered A liverwort Plagiochila sullivantii var. sullivantii FSC A liverwort Plagiochila virginica var. caroliniana FSC A liverwort Sphenolobopsis pearsonii FSC KEY: Status Definition Endangered A taxon "in danger of extinction throughout all or a significant portion of its range." Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." FSC A Federal species of concern--a species that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). T(S/A) Threatened due to similarity of appearance (e.g., American alligator )--a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. 'In the November 4, 1997, Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land-management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. April 12, 2001 Page 2 of 2 t- ?.??,.? North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary October 15, 2001 Pamela M. Boaze Fish and Wildlife Associates, Inc. PO Box 241 Whittier, NC 28789 Division of Archives and History Jeffrey J. Crow, Director Re: Trout habitat improvement project on 800 feet of Linville River, Avery County, ER 02-7624 Dear Ms. Boaze: Thank you for your letter of September 7, 2001, concerning the above project. We have conducted a review of the project and are aware of no historic resources, which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above-referenced tracking number. Sincerely, David Brook DB:kgc Location Mailing Address Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617 Restoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 Survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618 Telephone/Fax (919) 733-4763 9733-8653 (919) 733-6547 •715-4801 (919) 733-4763 •715-4801