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HomeMy WebLinkAbout20180066 Ver 1_401 Application_20201023DWR Division of Water Resources Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20180066 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Central Office - (919) 707-9000 Information for Initial Review 1a. Name of project: Dead Oak Stream Mitigation Project 1a. Who is the Primary Contact?* Matt Butler 1b. Primary Contact Email:* mbutler@res.us Date Submitted 10/23/2020 Nearest Body of Water French Broad River Basin French Broad Water Classification B Site Coordinates Latitude: Longitude: 35.7121-82.6561 A. Processing Information County (or Counties) where the project is located: Buncombe Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Version#* 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Erin Davis:eads\ebdavis 1c. Primary Contact Phone:* (919)770-5573 U 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 27 - Restoration le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F- 401 Water Quality Certification - Express F- Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r- Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Carter B. Fletcher 2b. Deed book and page no.: 089E/0569 2c. Responsible party: Environmental Banc & Exchange, LLC (EBX) 2d.Address Street Address 1060 Martin Fletcher Road Address Line 2 city Alexander Postal / Zip Code 28701 2e. Telephone Number: (919)770-5573 2g. Email Address:* mbutler@res.us 2a. Name(s) on recorded deed: Rodney Goodlake and Sherri D. Goodlake State / Rwince / Ifgion NC Country us 2f. Fax Number: r- Yes r No r Yes r No 2b. Deed book and page no.: 2006/0683 2c. Responsible party: Environmental Banc & Exchange, LLC (EB)Q 2d.Address Street Address 110 Page Dr Address Line 2 city Alexander Postal / Zip Code 28701 2e. Telephone Number: (919)770-5573 2g. Email Address:* mbutler@res.us 2a. Name(s) on recorded deed: Lynn Payne 2b. Deed book and page no.: 5534/1477 2c. Responsible party: Environmental Banc & Exchange, LLC (EB)Q 2d.Address Street Address 20 Page Drive Address Line 2 city Alexander Postal / Zip Code 28701 2e. Telephone Number: (919)770-5573 2g. Email Address:* mbutler@res.us 3. Applicant Information (if different from owner) 3a. Name: Matt Butler 3b. Business Name: Resource Environmental Solutions (RES) 3c.Address Street Address 3600 Glenwood Avenue Address Line 2 City Raleigh Postal / Zip Code 27612 3d. Telephone Number: (919)770-5573 3f. Email Address:* mbutler@res.us C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town State / Province / legion NC Country USA 2f. Fax Number: State / Province / legion NC Country USA 2f. Fax Number: State / Province / legion NC Country USA 3e. Fax Number: Alexander 2. Project Identification 2a. Property Identification Number: 971333543000000, 971354259600000,971353038600000, 971353002400000 2c. Project Address Street Address Address tine 2 city Alexander Postal / Zip Cade 28701 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* French Broad River 3b. Water Resources Classification of nearest receiving water:* 3c. What river basin(s) is your project located in?* French Broad 3d. Please provide the 12-digit HUC in which the project is located. 060101050900 4. Project Description and History 2b. Property size: 40.58 State / Rovince / legion NC (buntry USA 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The Mitigation Project is comprised of eleven tributaries and two easement locations. In one easement location, southeastern portion of the project, three tributaries drain into Turkey Creek. In the other easement location, the northern portion of the project, eight tributaries ultimately drain into the French Broad. The total drainage area for the Project is 514 acres. Primary land use within the drainage area consists of forest (51 % ), agricultural land (42%), and impervious area covers less than one percent. Although the project watershed is primarily forested, most of the agricultural areas within the watershed are near the Project and play a significant role in the degradation of the Project streams. Historic and current land - use within the immediate Project area has been primarily livestock production. These agricultural activities have negatively impacted both water quality and streambank stability along the streams within the Project. The resulting observed stressors are streambank erosion, sedimentation, channel modification, and the loss of riparian buffers. The primary vegetation within project is disturbed riparian forest, with areas of actively managed pasture, forested pasture, and nearly intact riparian forest. The riparian buffers on many of the Project reaches are insufficient and heavily disturbed by livestock, while some riparian buffers are devoid of vegetation entirely. The vegetation within the areas of disturbed riparian forest is low in diversity, and invasive species are present and locally dense. Historic aerial imagery indicates that most of the areas adjacent to the project streams have been in agricultural use since at least 1970. Between 1970 and 1993, areas adjacent to the project streams appear to have more woody vegetation but lack riparian buffers. Currently, the areas adjacent to the project are utilized as pastureland, where livestock have full access to all project streams. However, the norther portion of the project has minimal livestock access; likely due to the steep slopes in this area. Several watershed characteristics, such as groundwater, vegetation, surface drainage, and soil parameters have been modified. Riparian buffers range from mature and wide to either very sparse, narrow, or non-existent. Soil structure and surface texture have been altered from long term grazing. The Project is split into twenty-five stream reaches. The US Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) does not depict any wetland areas within the Project; however, jurisdictional wetlands do east onsite. Eleven jurisdictional wetlands, ranging from .0069 to .1217 acres in size are wholly or partially present within the boundaries of the project. Wetlands are labeled as WA (Wetland A) through WL (Wetland Q. The major hydrology source of these wetlands is groundwater. In their current state, these wetlands mostly consist of Palustrine Emergent (PEM) wetlands but also include Palustrine Forested (PFO) and Palustrine Scrub -Shrub (PSS) wetlands. In general, these wetlands are highly disturbed by livestock grazing and trampling that prevents any significant, natural vegetative community to develop. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* F Yes F No F Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Figure 2 - USGS - Dead Oak.pdf 2.19MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Figure 4 - Mapped Soils - Dead Oak.pdf 2.29MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.429 4g. List the total estimated linear feet of all existing streams on the property: 14623 4h. Explain the purpose of the proposed project:* The purpose for this mitigation project is to restore, enhance, and preserve aquatic resources in order to offset unavoidable impacts within the French Broad 05 watershed. The Projects goals will address the degraded water quality and nutrient input from farming that were identified as major watershed stressors in the DMS 2009 French Broad River Basin Restoration Priorities Report. Accomplishing these goals entails the restoration, enhancement, and preservation of stream channels. Specific project objectives include reconstructing stream channels, permanently excluding livestock via fencing, stabilize eroded stream banks, install in -stream structures and habitat features to promote bedform diversity and aquatic habitat, increase forested riparian buffer widths, treat exotic invasive species, and establish a permanent conservation easement. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* I he treatment plan and design approach were developed based on the existing conditions, project goals, and objectives. The Project will include Restoration, Enhancement I, II, and III, and Preservation. Stream restoration will incorporate the design of single -thread meandering channels, with parameters based on data taken from 2D hydraulic models, published empirical relationships, regional curves, and stable on -site channel sections. Analytical design will 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 FC1-A A mix of inline and offline restoration is proposed for this reach to address eroding banks, channel entrenchment, and buffer impacts. Restoration activities will include: ❑ Grading a new single thread channel in the existing valley bottom, ❑ Installing log and rock structures to provide grade control and habitat, ❑ Establishing a mix of plane bed and step -pool sequences throughout the reach, ❑ Installing bank protection including stone toe, brush toe, coir matting, and live stakes, ❑ Filling the existing channel, ❑ Livestock exclusion, ❑ Removal of existing structures and trash, ❑ Invasive vegetation treatment, ❑ Relocating a ford crossing, ❑ Riparian planting. Reach FC1-B An enhancement level 1(1.5:1) approach is proposed for this reach to address eroding banks and buffer impacts. Enhancement activities include: ❑ Stabiliang right bank near station 12+80 by installing a brush toe, ❑ Stabiliang left bank near station 13+20 by installing a brush toe, ❑ Stabiliang right bank near station 13+90 by installing a brush toe, ❑ Livestock exclusion, ❑ Invasive vegetation treatment, ❑ Riparian planting. Reach FC1-C An enhancement level 11(2.5:1) approach is proposed for this reach to address channel entrenchment and buffer impacts. Enhancement activities include: ❑ Floodplain benching along the left bank from station 14+11 to station 15+40, ❑ Livestock exclusion, ❑ Invasive vegetation treatment, ❑ Riparian planting. Reach SM1-A An enhancement level 11(10:1) approach is proposed for this reach. Enhancement activities will include: I I Protecting a minimum 50-foot buffer along the right bank. Reach SM1-B A preservation approach (10:1) is proposed for this reach. Preservation activities will include: ❑ Protecting a minimum 300-foot buffer along the right bank. Reach SM1-C A preservation approach (0:1) is proposed for this reach. Preservation activities will include: ❑ Protecting a minimum 300-foot buffer along the right bank. Reach SM1-D A preservation approach (10:1) is proposed for this reach. Preservation activities will include: n Protecting a minimum 300-foot buffer along the right bank. Reach FC2-A A mix of inline and offline restoration is proposed for this reach to address eroding banks, channel entrenchment, and buffer impacts. Restoration activities Will include: ❑ Grading a new single thread channel in the existing valley bottom, ❑ Installing log and rock structures to provide grade control and habitat, ❑ Establishing a mix of plane bed and step -pool sequences throughout the reach, Installing bank protection including stone toe, brush toe, coir matting, and live stakes, ❑ Filling the existing channel, ❑ Livestock exclusion, ❑ Fence removal, ❑ Invasive vegetation treatment, ❑ Riparian planting in pasture areas and along existing farm path that will allow for a walking trail, ❑ Upgrade existing ford crossing. Reach FC2-B An enhancement III approach (5:1) is proposed for the upstream and downstream portion of this reach. The middle portion of FC2-13 is an enhancement III approach With a 0:1 ratio proposed, due to only having one-sided control of the reach. Enhancement activities will include: n Protecting a minimum 50-foot buffer along the left bank, u Livestock exclusion, ❑ Fence removal, ❑ Invasive vegetation treatment, Reach SM2 A preservation approach (10:1) is proposed for this reach. Preservation activities will include: I I Protecting a minimum 300-foot buffer along the left bank. Reach FC3-A An enhancement III approach (5:1) is proposed for this reach. Enhancement activities will include: ❑ Livestock exclusion, ❑ Invasive vegetation treatment, ❑ Riparian planting in pasture areas and along existing farm path that will leave a walking trail. Reach FC3-B Inline restoration is proposed for this reach to tie to proposed FC2 and address eroding banks. Restoration activities will include: ❑ Grading a new single thread channel that ties to FC2, 11 Installing a log structure to provide grade control and habitat, u instawng oanK protection mcwaing coir matting, ana live stakes, ❑ Livestock exclusion, ❑ Invasive vegetation treatment, fl Riparian planting. Reach FC4-A An enhancement III approach (5:1) is proposed for this reach. Enhancement activities will include ❑ Livestock exclusion, ❑ Invasive vegetation treatment, ❑ Riparian planting. Reach FC4-B Inline restoration is proposed for this reach to address eroding banks, channel entrenchment, and buffer impacts. Restoration activities will include I I Grading a new single thread channel in the existing valley bottom, u Installing log and rock structures to provide grade control and habitat, ❑ Establishing a step -pool system, ❑ Installing bank protection including stone toe, coir matting, and live stakes, ❑ Filling the existing channel, ❑ Livestock exclusion, ❑ Invasive vegetation treatment, ❑ Riparian planting, ❑ Ford installation. Reach FC5-A A mix of inline and offline restoration is proposed for this reach to address eroding banks, channel entrenchment, and buffer impacts. Restoration activities will include ❑ Grading a new single thread channel in the existing valley bottom, ❑ Installing log and rock structures to provide grade control and habitat, ❑ Increasing flow diversity, ❑ Installing bank protection including stone toe, brush toe, coir matting, and live stakes, ❑ Filling the existing channel, ❑ Livestock exclusion, ❑ Riparian Planting. Reach FC5-B An enhancement III approach (5:1) is proposed for this reach. Enhancement activities will include: ❑ Livestock exclusion, ❑ Invasive vegetation treatment, ❑ Riparian Planting. Reach FC6-A An enhancement III approach (5:1) is proposed for this reach. Enhancement activities will include: ❑ Protecting a minimum 50-foot buffer along both sides of the reach, ❑ Invasive vegetation treatment, ❑ Livestock exclusion. Reach FC6-B Inline restoration is proposed for this reach to tie to proposed FC2 and address eroding banks. Restoration activities will include ❑ Grading a new single thread channel that ties to FC2, ❑ Installing a log structure to provide grade control and habitat, ❑ Establishing a step -pool system, ❑ Installing bank protection including coir matting, and live stakes, ❑ Livestock exclusion, ❑ Invasive vegetation treatment, fl Riparian planting. Reach FC7-A Offline restoration is proposed for this reach to address eroding banks, channel entrenchment, and buffer impacts. Restoration activities will include: ❑ Grading a new single thread channel in the existing valley bottom, ❑ Installing log and rock structures to provide grade control and habitat, ❑ Establishing a mix of plane bed and step -pool sequences throughout the reach, Installing bank protection including stone toe, brush toe, coir matting, and live stakes, ❑ Installation of a flow attenuation structure, ❑ Filling the existing channel, ❑ Livestock exclusion, ❑ Fence removal, ❑ Invasive vegetation treatment, fl Riparian planting. Reach FC7-B An enhancement III approach (5:1) is proposed for this reach. Enhancement activities will include: ❑ Livestock exclusion, ❑ Invasive vegetation treatment, ❑ Riparian Planting, ❑ Relocation of an overhead powerline. Reach FC7-C Offline restoration is proposed for this reach to address eroding banks, channel entrenchment, and buffer impacts. Restoration activities will include: ❑ Grading a new single thread channel in the existing valley bottom, ❑ Installing log and rock structures to provide grade control and habitat, I I Increasing flow diversity, ❑ Installing bank protection including stone toe, brush toe, coir matting, and live stakes, ❑ Filling the existing channel, ❑ Livestock exclusion, ❑ Invasive vegetation treatment, ❑ Riparian planting, 11 Relocation of an overhead powerline. meacn rL,o An enhancement I approach (1.5:1) is proposed for this reach. Enhancement activities will include: ❑ Grading floodplain benches along both banks ❑ Installing log structures to provide grade control and habitat ❑ Installing bank protection including coir matting, stone toe, and live stakes, ❑ Livestock exclusion, ❑ Invasive vegetation treatment, ❑ Riparian planting. Reach FC9 An enhancement III approach (5:1) is proposed for this reach. Enhancement activities will include: ❑ Livestock exclusion, ❑ Invasive vegetation treatment, Reach FC10 Inline restoration is proposed for this reach to tie to proposed FC7 and address eroding banks. Restoration activities Will include: ❑ Grading a new single thread channel that ties to FC7, ❑ Installing an energy dissipator at outlet of NCDOT culvert, ❑ Installing a rock structure to provide grade control and habitat, ❑ Installing bank protection including coir matting, and live stakes, ❑ Livestock exclusion, ❑ Invasive vegetation treatment, ❑ Riparian planting. Reach FC11 Inline restoration is proposed for this reach to tie to proposed FC2 and address eroding banks. Restoration activities Will include: ❑ Grading a new single thread channel that ties to FC7, ❑ Installing an energy dissipator at outlet of NCDOT culvert, ❑ Installing a rock structure to provide grade control and habitat, ❑ Installing bank protection including coir matting, and live stakes, ❑ Livestock exclusion, ❑ Invasive vegetation treatment, ❑ Riparian Planting. All jurisdictional wetlands within the Project boundary (WA-WL) will be enhanced, primarily through tree planting and cattle exclusion. Approximately 17,600 feet of fencing will ensure that cattle will no longer have access to these wetlands, and a diverse mix of native trees appropriate for the community type Will be planted. Also, all wetlands within the Project will be protected from future landuse conversion by establishing a permanent conservation easement. 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, slope 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, where the existing buffer is deemed inadequate or the wasting buffer is impacted by construction. 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. The restoration of the plant communities is an important aspect of the restoration Project. The selection of plant species is based on what was observed at the reference reach, species present in the forest surrounding the restoration Project, and what is typically native to the area. Specifically, species identified in the Project along with species described in the 2012 Guide to the Natural Communities of North Carolina, Fourth Approximation (Schafale, 2012) for mountain -type communities were used to determine the most appropriate species for the restoration project. A Montane Alluvial Forest (Small River Subtype) (Schafale, 2012) Will be the target community for the Project. The target community Will be used for the planting areas Within the Project. This community type is very similar to cove forests and shares many of the same species; however, it incorporates several floodplain and wetland species that are typical of small mountain stream floodplains. The restoration of plant communities along the Project will provide stabilization and diversity. For rapid stabilization of the stream banks banks (primarily outside meanders), silky dogwood (Corpus amomum), black willow (Salix nigra), and hazel alder (Alnus serrulata), were chosen for live stakes along the restored channel because of their rapid growth patterns and high success rates. The live stake species will be planted along the outside of the meander bends three feet from the top of bank, creating a three-foot section along the top of bank. The live stakes Will be spaced one per three linear feet With alternate spacing vertically. The treatment of invasive species Will occur on several Project reaches and Will be required within all grading limits associated with restoration. Invasive species will require different and multiple treatment methods, depending on plant phenology and the location of the species being treated; the current known exotic invasive species onsite include Chinese privet, Oriental bittersweet, princess tree, kudzu, multiflora rose, and fescue. All treatment Will be conducted as to maximize its effectiveness and reduce chances of detriment to surrounding native vegetation. Treatment methods Will include mechanical (cutting with loppers, clippers, or chain saw) and chemical (foliar spray, cut stump, and hack and squirt techniques). Plants containing mature, viable seeds will be removed from the Project and properly disposed. All herbicide applicators will be supervised by a certified ground pesticide applicator with a North Carolina Department of Agriculture and Consumer Services (NCDA&CS) license and adhere to all legal and safety requirements according to herbicide labels, and NC and Federal laws. After construction activities, the subsoil will be scarified, and any compaction Will be deep tilled before the topsoil is placed back over the Project. Any topsoil that is removed during construction will be stockpiled and placed over the Project during final soil preparation. This process should provide favorable soil conditions for plant growth. Rapid establishment of vegetation will provide natural stabilization for the Project. 4j. Please upload project drawings for the proposed project. 2020-09-18_Dead Oak Mitigation Site.pdf 16.27MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: A preliminary jurisdictional determination (PJD) request was sent to the USACE on February 21, 2019, a site visit was conducted on April 9, 2019 and was confirmed on June 17, 2019 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2018-00095 O Unknown 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jeremy Schmid Agency/Consultant Company: Resource Environmental Solutions Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR June 17, 2019. Stream lengths have been updated in the WOUS map and Aquatic resource table, based on survey data. Those materials have been provided in the attached documentation. 5d9. Jurisdictional determination upload PJD_DeadOak_2018-00095-UpdatedMaterials.pdf 29.5MB Stream_ID_Crosswalk_Deadoak_UPDATED.pdf 69.64KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts r Buffers 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of Jurisdicition*(?) 2g. Impact area* Stream Restoration P Headwater Forest WE Corps 0.001 (acres) Stream Restoration T Headwater Forest WE Corps 0.015 (acres) Stream Restoration T Headwater Forest WL Corps 0.003 (acres) Stream Restoration T Headwater Forest No Corps 0.007 (acres) Stream Restoration P Headwater Forest WF � Corps 0.001 (acres) Stream Restoration T Headwater Forest WF Corps 0.004 (acres) 7 Crossing Installatio P Headwater Forest WF �No Corps 0.030 (acres) 8 Stream Restoration P Headwater Forest WG �No Corps 0.001 (acres) 9 Stream Restoration T Headwater Forest WG No Corps 0.006 (acres) 10 Stream Restoration P Headwater Forest WD No Corps 0.001 (acres) 11 Stream Restoration L Headwater Forest WD L—A Corps 0.007 (acres) 2g. Total Temporary Wetland Impact 0.042 2g. Total Wetland Impact 0.076 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.034 ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * (?) 3f. Type of Jurisdiction" 3g. S. width * 3h. Impact length* S1 Stream Restoration Permanent Other FC1-A Perennial Corps P 4 1,102 Aver�e(feet) (lin�rfeet) S2 Culvert Crossing Installation 9 Permanent Culvert FC1-A Perennial Corps P 4 30 Average (feet) (lin�rfeet) S3 Culvert Crossing Installation - Temporary Culvert FC1-A Perennial Corps 20 Grading Average (feet) (lirearfeet) � Enhancement I Tem orar P y Bank Stabilization FC1-B Perennial Cor s P 6 230 Average (feet) (linearfeet) S5 Enhancement I Permanent Bank Stabilization FC8 Intermittent Corps3 44 Average (feet) (lir�rfeet) S6 Stream Restoration Permanent Other FC2-A Intermittent Corps5 1,223 Average (feet) (lin�rfeet) S7 Stream Restoration Permanent Other FC6-13 Perennial Corps P 3 32 Average (feet) (lir�rfeet) S8 Stream Restoration Permanent Other FC3-13 Intermittent Corps P 3 28 Average (feet) (lir�rfeet) S9 Stream Restoration Permanent Other FC4-13 Intermittent Corps P 3 637 Average (feet) (lirx�rfeet) S90 Ford Crossing Temporary Other FC4-13 Intermittent Corps 3 15 Average (feet) (lin�rfeet) S 11 Stream Restoration Permanent Other FC5-A Intermittent Corps P 3 306 gverage (feet) (linearfeet) �2�Ford Crossing Temporary Other FC5-A Intermittent Corps 3 15 Average (feet) (lin�rfeet) S �3�StreamP Restoration Permanent Other FC7-A Perennial Corps 5 462 Average (feet) (linearfeel) �4�Culvert9 Crossing Installation Permanent Culvert FC7-A Perennial Corps P 5 30 Average (feet) (linearfeet) �51 Culvert Crossing Installation - Temporary Culvert FC7-A Perennial Corps 5 20 Grading Average (feet) (linearfeel) S16 Stream Restoration Permanent Other FC7-C Perennial Corps P 8 823 gVef�(feet) (linearfeet) S97 Stream Restoration Permanent Other FC10 Intermittent Corps 6Average 3( (fee) �rfeet) S98 Stream Restoration Permanent Other FC11 Intermittent Corps 7Average 4Qinearfeet) —] (fee) M Stream Enhancement II Temporary Other tL-- Perennial Corps 6 490 Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 4,796 31. Total stream and ditch impacts: 3263 3i. Total temporary stream impacts: 790 3j. Comments: All Crossings associated with this project are agricultural crossings. Three crossings will be updated (impacts S2, S3, 510, S12), and one will be a new crossing ( impacts S15 and S16). E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Due to the nature of the project, complete avoidance of stream and wetland impacts is not possible. Proposed stream impacts, including stream relocation and ford and culvert installation, are necessary restoration and enhancement practices that will contribute to the functional uplift of the Project's aquatic resources while allowing continued agricultural use of the surrounding land. Potential wetland impacts are anticipated to be small and minor. Wetland Impact 1-6 and 8-11 are all associated with stream restoration or enhancement efforts, providing an overall functional uplift the stream and wetland complexes of the site. Wetland impact 7 is associated with the installation of a gravel agricultural crossing through the wetland above FC2-A, accompanied with a French drain to allowfor adequate drainage of the crossing. W7, although small, is a permanent wetland impact, due to the nature of the agricultural crossing installation. The specific detail of this gravel crossing footprint can be found in the project drawings. RES will be removing the current agricultural culverted crossing on FC2-A and replacing it with a gravel crossing at the top of FC2-A outside the Easement, but within the Project area. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through 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. Efforts will be made to preserve individual high value trees located within the stream restoration area. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This stream restoration project will provide an overall functional uplift to the stream and wetland complex, and protect headwater stream and wetlands in perpetuity. [F. Stormwater Management and Diffuse Flow Plan (required by DWR) u 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: It is not in a Protected Buffer Watershed 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information U 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This project will not result in additional development that would impact water quality downstream. Ultimately, there will be an increase in water quality within the project, due to the restoration, enhancement, and preservation of project streams, planting of the riparian buffer, excluding livestock, and the establishment of a conservation easement to be protected in perpetuity. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r NIA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPAC and Natural Heritage Program Database Consultation Documentation Upload Official —Species List_ Asheville Ecological Services Field Office.pdf 883.17KB 19-325_Dead Oak Mitigation Project (Scoping)_Buncombe Co_USFWS.pdf 334.65KB MA Verification Letter_ Northern Long -Eared Bat (NLEB) Consultation and 4(d) Rule Consistency 2019-07-12.pdf 311.85KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* 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 status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC SHPO GIS Database 7c. Historic or Prehistoric Information Upload DeadOak_SHPO.pdf 8. Flood Zone Designation (Corps Requirement) 118.7KB 8a. Will this project occur in a FEMA-designated 100-year flood plain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* HEC-RAS version 5.0.7 Miscellaneous Comments Additional uploaded documents included: PCN Figures 1, 3, 5, and 6. Figure 2 and 4 loaded in previous sections. 1. Vicinity 3. Existing Conditions 5. NWI and FEMA 6. Project Impacts Miscellaneous attachments not previously requested. Figure 1 - Project Vicinity - Dead Oak.pdf 2.8MB Figure 3 - Existing Conditions - Dead Oak.pdf 1.31 MB Figure 5 - NWI_FEMA.pdf 1.31 MB Figure 6 - Project IMpatcs - Dead Oak_20200924.pdf 3.17MB Signature * W By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Matt Butler Signature Date 10/23/2020 ss, © Riverside Escapes r 'verPark© F i• ky / O� O F nd �X - o� oo o of O I Buncombe County Landfill Pa�her fl.�ch p1d Marshall Hv.y m e1n =nder River Park /:;�$ VVV q " - Exi;tenlial otorcyclesQ Ine QShelton's ,2 Dead Oak U Mitigation Project Newport 167 zoa Pisgah Burnsv,de Spruc N onal Forest F Lot[ osby Switzer 32 M t r'11 u: Q averville Blac v 16� 0 Asheville Moun MERGENCY Ca m UTO REPAIR Waynesville e ,s it L fiend 9 Fletcher Lake Lure Iva Proposed Easement ,�, S y 275 - Cullowhee Hendersonv at..o Service Area - 06010105 28, 376 FI„ R Brevard 14-Digit HUC sm Landrur, Rosman Sandy Mush Game Lands MarshallExxonQ Cashiers zs O <,a Mountain view Highlands ,0 35.712,-82.656 Baptist Church 78 N Date: 9/17/2020 Figure 1 - Project Vicnity w e Drawn by: HKH res s Dead Oak Mitigation Project Checked by: JRM 0 1,000 2,000 Buncombe County, North Carolina 1 inch =2,000 feet Feet I i 0 2,0001,000 Feet Figure 2 - USGS Quadrangle Dead Oak Mitigation Project Buncom be County, North Carolina Legend Proposed Easem ent Main Watershed: SM1-D (234 ac) SM2 (139 ac) FC 7-C (141 ac) ©Date: 9/17/2020 Drawn by: HKH Checked by: JRM Document Path: R:\Resgis\dropboxgis\projects\NC\Dead Oak\MXD\6_PCN\Figure 2 - USGS - Dead Oak.mxd1 inch = 2,000 feet Leicester (1980) Existing Crossing Existing Crossing r y� w J i FC4 j� VN H Existing Crossing N Date: 9/17/2020 Figure 3 - Existing Conditions 4%Ww _ - e Drawn by: HKH s Dead Oak Mitigation Project Checked by: JRM 0 300 600 Buncombe County, North Carolina 1 inch =600 feet Legend Proposed Easement ® Existing Wetland Powerline X X Existing Fence Perennial — — — Intermittent fires 0 600300 Feet Figure 4 - NRCS SoilsBuncombe County, 2009 Dead Oak Mitigation Project Buncom be County, North Carolina Legend Proposed Easem ent ©Date: 9/17/2020 Drawn by: HKH Checked by: JRM Document Path: R:\Resgis\dropboxgis\projects\NC\Dead Oak\MXD\6_PCN\Figure 4 - Mapped Soils - Dead Oak.mxd1 inch = 600 feet FQFA :U -7K 1TY—T .00. lea -7 �-J Leg end Proposed FEMA Zone AE - None Sandy Mush Game Lands NW Wetland - None (USFWS 10/29/2018) N Date 9/17/2020 �+E Figure 5 - NWI and FEMA Drawn by: HKH glaw so Dead Oak Mitigation Project Checked by: JRM 0 30600 Buncombe County, North Carolina 1 inch = 600 feet t� I 114 "V- Ores e d� 8 ® c e f N N N Q m U Q o? U Q N CD N N Q m Q m Q N m Q N m Q Ql U U N W U U U U U U U u) u) u) U U U) C) Uj U C) U U U 0 0 0 0 0 LL U ❑' LL U LL LL LL LL LL U U aLL LL LL N N N N LL LL LL LL LL LL LL LL LL LL LL LL LL' ❑❑❑❑ LL LL N R R a 0 R N N N N N — Q CO U Q C? U D Q m N Q CO Q CO Q CO Q C9 Q Co 9 U N U U) C7 �/j U U c c _ LL LL LL (/J (/J (/J (/J LL LL LL LL LL LL LL LL LL LL LL LL LL R C Z Z Z Z Z LL R N R 7 N d d d d d Q CO U Q CD U ❑ Q op U N M Q CO N O Q CO U LL LL LL (/J (/J (/J (/J LL LL LL LL LL LL LL LL O O O O O p� Z Z Z Z Z O N U R U U U U U U U O LL U LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL N 0 7 00 O N LL N 'a Q CO U � Q m Q m U M Q CO N Q m U U U U U N N U U 0 0 U U 0—— U LUL LUL c _ U U U—— c c c c — — c c — — c c —— LL LL LL LL LL LL LL LL LL LL LL O LL LL LL O O O O O O O O O N Z Z Z Z Z Z Z Z Z Z 7 U N N O a` LUL � LUL � LUL � LUL lUl � c c c c c c c c c N LL LL LUL LUL LUL O a` O z O z O z O z O z O O z z O O z z O O z z O O z z North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. I Iamilton February 28, 2018 Steve Kichefski US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Office of Archives and History Deputy Secretary Kevin Cherry Re: RES French Broad 05 Umbrella Mitigation Bank, French Broad Holston River Basin, SAW 2016-02357, Buncombe, Henderson, and Madison Counties, ER 17-0002 Dear Mr. Kichefski: Thank you for your email of January 29, 2018, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, ,wZ Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599