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HomeMy WebLinkAbout20201862 Ver 1_ePCN Application_20210119DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned * Version#* 20201862 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received IT $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office * Winston-Salem Regional Office - (336) 776- Select Project Reviewer* 9800 Sue Homevmod:eads\slhomewood Information for Initial Review 1a. Name of project: Walker Pond Maintenance 1a. Who is the Primary Contact?* Carrie Caviness, PhD 1b. Primary Contact Email:* carrie.caviness.l@gmaii.com Date Submitted 1/19/2021 Nearest Body of Water Hardin Creek Basin New Water Classification C Site Coordinates Latitude: 36.223617 Pre -Filing Meeting Information ID# 20201862 Pre -fling Meeting or Request Date* 12/2/2020 Longitude: -81.669874 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form.pdf A. Processing Information 1c. Primary Contact Phone:* (919)656-4543 Version 1 52.68KB County (or Counties) where the project is located: Watauga 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: P Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 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: 03 - Maintenance NWP Numbers (for multiple NWPS): Ild. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit Ile. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR 401 Certification: For the record onlyfor Corps Permit: r 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Sally B Reynolds 2b. Deed book and page no.: Bk 1968 Pg 799 2c. Responsible party: r Yes r No r Yes r No 2d.Address Street Address 519 Brookside Drive Address Line 2 city Boone Postal / Zip Oxie 28607 2e. Telephone Number: (919)971-7083 2g. Email Address:* salreyl947@gmaii.com 4. Agent/Consultant (if applicable) 4a. Name: Carrie Caviness, PhD 4b. Business Name: Interface Environmental Consulting, LLC. 4c.Address Street Address 476 Hidden Pond Rd Address Line 2 city Boone Postal / Zip Code 28607 4d. Telephone Number: (919)656-4543 4f. Email Address:* carrie.caviness.1 @gmail.com Agent Authorization Letter* AA_ Reynolds signed. pdf State / Rmince / Region NC Country USA 2f. Fax Number: State / Rovince / Rion NC Country USA 4e. Fax Number: 1.5MB C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (if appropriate) Council Oaks 1c. Nearest municipality/ town Boone, NC 2. Project Identification 2a. Property Identification Number: 2b. Property size: 2911214840000 2.26 2c. Project Address Street Address 519 Brookside Dr Address Line 2 city State / Frmince / Region Boone NC Postal / Zip Code lbuntry 28607 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Hardin Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* New 3d. Please provide the 12-digit HUC in which the project is located. 050500010201 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The Walker Pond proposed for dewatering and maintenance is located in a residential neighborhood (Council Oaks) in the Town of Boone. The Pond is approximately 0.1 ac in size (surface area). It is located on-line with an intermittent portion of Hardin Creek (C; 10-1-5). The neighborhood is generally forested excluding structures and small lawns. Residential and light commercial landuse is located in the vicinity of the project site. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) NC_Boone_20160630_TM_geo.pdf 28.26MB 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) 20201202_18262406954_53_Soil_Map_Walker Pond.pdf 402.33KB 4f. List the total estimated acreage of all existing wetlands on the property: n/a 4g. List the total estimated linear feet of all existing streams on the property: 460 4h. Explain the purpose of the proposed project:* The Walker Pond ves constructed some time in the 1960/1970s. It is somewhat irregularly shaped; approximately 0.1 acres in size (surface area). Maximum water depth varies between 4.5 - 5.5' with significant floc and sediment thickness at the upstream end; storage volume capacity is an issue. The dam height is -8.5' on the downstream side. Geotechnical investigation shows the dam was constructed of poorly suited materials (gravely and sandy silt), likely those excavated to create the pond and not properly compacted. The dam crest has a variable width and is not level. There are currently three areas of leakage through the existing dam. The pond riser is clogged and submerged (-10-12") and undersized, as are the two 4" emergency spillway pipes with inadequate freeboard. Water was observed flowing through the leakages and around one of the emergency spillway pipes after small storm events in fall 2020. Evidence of scour and information provided by the owner indicates overtopping has already occurred on at least one occasion in the past 24 months. Residential structures are located in close proximity to the downstream end of the pond (-175' and 300'). The geotechnical engineer involved with the project anticipates dam failure is likely in the near future. The project is complicated by the presence of the property owner's sewer line which runs through the dam, -18" (to invert) from the ground surface. The project proposes to dewater the pond to the sediment layer using siphon/pump to an adequately sized dewatering (diveresion) basin this winter. The owners are proceeding with design and cost estimates for removing infilled sediments and reconstructing the dam or abandoning reconstruction and proceeding with stream restoration (-125'). The PCN will be modified with reconstruction plans under the proposed NW3 (GC4132) or modified to include coverage under NW27 (GC4134). 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* A small trachoe will be used to construct a dewatering basin on the available non -forested land adjacent and downslope of the pond. The basin will be approximately 17' x 25' x 3' (wx I x d) with no steeper than 2:1 interior sideslopes. Excavated soils will be stockpiled on site with silt fence protection to downslope areas or spread and stabilized/seeded on the landowner's property, at their discretion and weather dependent. An outflow weir for the basin will be constructed and lined with non -woven geotextile fabric and at least 8" of Class I riprap for outlet protection. The soils at the proposed basin should provide good infiltration; and the basin's spillway will direct flows towards Hardin Creek, on the owner's property, with at least 100' of forested buffer between the basin and Hardin Creek (downstream of the pond). The pond will be dewatered using a gas powered pump. 4j. Please upload project drawings for the proposed project. Overview Map - Walker Pond.pdf 3.21 MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r Yes Comments: r No 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r WA Corps AID Number: Sc. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Carrie Caviness, PhD Agency/Consultant Company: Interface Environmental Consulting, LLC. Other: 5d1. Jurisdictional determination upload Approved JD form (fillable) (1)-Walker Dam Maintenance.pdf 78.9KB 6. Future Project Plans 6a. Is this a phased project?* r Yes f' No O Unknown 7b. If yes, explain. This is potentially a phased project. The owners are proceeding with design and cost estimates for removing infilled sediments and reconstructing the dam or abandoning reconstruction and proceeding with stream restoration (-126). The PCN will be modified with reconstruction plans under the proposed NW3 (GC4132) or modified to include coverage under NW27 (GC4134). Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? 27 D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): F Wetlands r Streams -tributaries I- Buffers rd Open Waters r Pond Construction 4. Open Water Impacts 4a. Sited# 4a1. Impact Reason 4b. Impact type 4c. Name of wat,rbody 4d. Activity type 4e. Waterbody type 4f. Impact area 71 Maintenance T Walker Pond on Hardin Creek Dewatering Pond 0.10 11 4g. Total temporary open water Impacts: 0.10 4g. Total open water impacts: 0.10 4g. Total permanent open water impacts: 0.00 4h. Comments: The pond dam may not be reconstructed based on anticipated cost estimates. The homeowners may proceed with stream restoration through the present pond. 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: n/a 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The dewatering basin, outlet protection, and forested buffer will adequately protect downstream water resources and properties from disturbance and siltation. Excavated soils shall be stabilized to prevent any erosion or sedimentation via silt fence and stabilization/seeding. 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: There is no loss of stream feet or wetland acres. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The project does not include nor is adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 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 21-1.1300), 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. Pond Maintenance and Safety 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NIA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 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 51. 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? IPAC USFWS Data Portal to perform project site review for federally protected species and critical habitat. Consultation Documentation Upload MA Consistency Letter_ Northern Long-Ea...pdf 330.83KB 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 f• No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HPOWEB 2.0 (NCSHPO) for Historical Properties. A environmental review request was submitted to NC SHPO regarding archeological resources on December 3rd, 2020. An email was received on January 11th stating the project was under review. Given the pond is existing and the proposed dewatering basin is small in size and shallow in depth, it does not seem likely that archeological resources would be impacted. Their findings will be provided to USACE/NCDEQ as soon as they are received. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* DFIRM 3710291100J fris.nc.gov Miscellaneous Comments Attachments: Project Site Overview Map Project Site Photosheets NC Stream ID Forms (Upstream and Downstream of Pond) Miscellaneous attachments not previously requested. Overview Map - Walker Pond.pdf 3.21 MB Walker Dam Photosheets_11.23.20.pdf 1.01 MB NC DWQ Stream Identification Form Hardin Creek_ downstream pond.pdf 1.37MB NC DWQ Stream Identification Form Hardin Creek upstream pond.pdf 1.38MB Signature * W By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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: Carrie Caviness Signature r�2tit�� �ar�e6d Date 1 /19/2021 �IUSGS science for a changing world 81 *45' 36' 15' 40110( 12' 10, JAI M� 880 F 36°07'3 81 °45' ` Produced by the United States Geological Survey North American Datum of 1983 (NAD83) World Geodetic System of 1984 (WGS84). Projection and 1 000-meter grid: Universal Transverse Mercator, Zone 17S 10 000-foot ticks: North Carolina Coordinate System of 1983 This map is not a legal document. Boundaries may be generalized for this map scale. Private lands within government reservations may not be shown. Obtain permission before entering private lands. Imagery ..................................................NAIP, July 2014 Roads ................................ U.S. Census Bureau, 2015 - 2016 Roads within US Forest Service Lands.............FSTopo Data with limited Forest Service updates, 2012 - 2016 Names...............................................................GNIS, 2016 Hydrography ....................National Hydrography Dataset, 2014 Contours............................National Elevation Dataset, 2008 Boundaries ............ Multiple sources; see metadata file 1972 - 2016 Wetlands ......... FWS National Wetlands Inventory 1977 - 2014 U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY N. 7" 15' 129 MILS 14 0" 24' 7 MILS UTM GRID AND 2016 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET U.S. National Grid 100,000-m Square ID MA QOO My Grid Zone Designation r7s The National Map w US Topo AUs 42'30" 40' 42'30" 00211aIWzs11111, 1 0.5 0 KILOMETERS 1 2 1000 500 0 METERS 1000 2000 1 0.5 0 1 MILES 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET CONTOUR INTERVAL40 FEET NORTH AMERICAN VERTICAL DATUM OF 1988 This map was produced to conform with the National Geospatial Program US Topo Product Standard, 2011. A metadata file associated with this product is draft version 0.6.19 40' NORTH CAROLIN QUADRANGLE LOCATION 1 Sherwood 1 2 3 2 Zionville 3 Todd 4 5 4 Valle Crucis 5 Deep Gap 6 Grandfather Mountain 6 7 8 7 Globe 8 Buffalo Cove ADJOINING QUADRANGLES BOONE QUADRANGLE NORTH CAROL INA-WATAUGA CO. 7.5-MINUTE SERIES 81°37'30" 36'15' 20 000 EET 10 09 08 12'30" '07 '06 '05 '04 '03 10, '02 '01 MA '00 MV )99000m N 36°07'30" ` 81°37'30" ROAD CLASSIFICATION Expressway Local Connector -zj- Secondary Hwy Local Road Ramp 4WD Lo0000 • Interstate Route US Route O State Route Y M FS Primary Route 0 FS Passenger FS High X X Route Clearance Route O (D Check with local Forest Service unit for current travel conditions and restrictions. co O �w BOON E, NC 22MMMZ a 2016 z z o o 439630 36° 13' 28" N Ii 4396M 439690 439720 Soil Map —Watauga County, North Carolina (Walker Pond) 439750 439780 439810 439940 439870 4—K , % * � *7 36° 13' 22" N ' 'k 439630 4396M 439690 439720 439750 439780 Map Scale: 1:1,330 if printed on A landscape (11" x 8.5") sheet. o Meters N 0 15 30 EO 90 Feet 0 50 100 200 500 Map projection: Web Mercator Conermordinates: WGS84 Edge tics: UTM Zone 17N WGS84 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey e kfitb AML 439810 439840 439870 o o 4399M kir I 36° 13' 28" N 71-1 36° 13' 22" N 439900 o m 12/2/2020 Pagel of 3 MAP LEGEND Area of Interest (AOI) 0 Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot 0 Landfill A. Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip o Sodic Spot Soil Map —Watauga County, North Carolina (Walker Pond) MAP INFORMATION Spoil Area The soil surveys that comprise your AOI were mapped at 1:12,000. Stony Spot th Very Stony Spot Warning: Soil Map may not be valid at this scale. Wet Spot Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil 4� Other line placement. The maps do not show the small areas of Special Line Features contrasting soils that could have been shown at a more detailed scale. Water Features Streams and Canals Please rely on the bar scale on each map sheet for map measurements. Transportation — Rails Source of Map: Natural Resources Conservation Service Web Soil Survey URL: . 0 Interstate Highways Coordinate System: Web Mercator (EPSG:3857) US Routes Maps from the Web Soil Survey are based on the Web Mercator Major Roads projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Local Roads Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. Background Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Watauga County, North Carolina Survey Area Data: Version 19, Jun 3, 2020 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: May 20, 2011—Nov 9, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 12/2/2020 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map —Watauga County, North Carolina Walker Pond Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CsD Cullasaja very cobbly loam, 15 0.5 13.3% to 30 percent slopes, very sto ny PuD Porters loam, 15 to 30 percent 0.1 1.6% slopes, stony PuE Porters loam, 30 to 50 percent 0.2 5.3% slopes, stony SnD Saunook loam, central 0.3 6.4% mountains, 15 to 30 percent slopes SwC Saunook-Nikwasi complex, 2 2.9 73.4% to 15 percent slopes Totals for Area of Interest 4.0 100.0% USDA Natural Resources Web Soil Survey 12/2/2020 Conservation Service National Cooperative Soil Survey Page 3 of 3 . �y in. f i PIN:2911214840000 Sally B Reynolds, trustee 519 Brookside Drive �2.26 acres Deed Bk 1968, Page 799 { Dewatering Legend Basin 0 Walker Pond' Walker —Property �4 Hardin Creek NCDEQ Stream Class Layer; watergclass Stream Does Not Occur Here nc_watauga_parcels_poly A L _ ` PROJECT OVERVIEW MAP 'f Walker Dam Dewatering Hardin Creek (C) Stream ID Upstream F .. ♦. ` �T�alKk�eir Pon 0.1 acres Hardin Creek (C) Stream ID Downstream r 0 50 100 150 200 ft All data displayed is publically available and was obtained from NCOnemap and Watauga Co. (2020) excluding the Hardin Creek (as rendered by C.C.) aP¢�4ES T of p United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 hLtp://www.fws.gov/nc-es/es/cogMfr.html IPaC Record Locator: 336-24528917 : I FI- d N'Il.u1JFWK F: December 03, 2020 Subject: Consistency letter for the 'Walker Dam Maintenance' project indicating that any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR § 17.40(o). Dear Carrie Caviness: The U.S. Fish and Wildlife Service (Service) received on December 03, 2020 your effects determination for the 'Walker Dam Maintenance' (the Action) using the northern long-eared bat (Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC) system. You indicated that no Federal agencies are involved in funding or authorizing this Action. This IPaC key assists users in determining whether a non -Federal action may cause "take"M of the northern long-eared bat that is prohibited under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.). Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Please report to our office any changes to the information about the Action that you entered into IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick northern long-eared bats that are found during Action implementation. If your Action proceeds as described and no additional information about the Action's effects on species protected under the ESA becomes available, no further coordination with the Service is required with respect to the northern long-eared bat. The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species that also may occur in your Action area: ■ Blue Ridge Goldenrod, Solidago spithamaea (Threatened) ■ Bog Turtle, Clemmys muhlenbergii (Similarity of Appearance (Threatened)) 12/03/2020 IPaC Record Locator: 336-24528917 ■ Carolina Northern Flying Squirrel, Glaucomys sabrinus coloratus (Endangered) ■ Gray Bat, Myotis grisescens (Endangered) ■ Heller's Blazingstar, Liatris helleri (Threatened) ■ Roan Mountain Bluet, Hedyotis purpurea var. montana (Endangered) ■ Spreading Avens, Geum radiatum (Endangered) ■ Spruce -fir Moss Spider, Microhexura montivaga (Endangered) ■ Virginia Big -eared Bat, Corynorhinus (=Plecotus) townsendii virginianus (Endangered) You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. [1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct [ESA Section 3(19)]. 12/03/2020 IPaC Record Locator: 336-24528917 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Walker Dam Maintenance 2. Description The following description was provided for the project'Walker Dam Maintenance': The project proposes the complete dewatering of a pond for maintenance to the sediment layer. A small dewatering basin will be used. No trees will be taken. The pond dam will be reconstructed or completely removed and the project will proceed as a stream restoration. Approximate location of the project can be viewed in Google Maps: https://www.google.com/ maps/place/36.22357932786592N81.66990013599951 W 101 Determination Key Result This non -Federal Action may affect the northern long-eared bat; however, any take of this species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR § 17.40(o). Determination Key Description: Northern Long-eared Bat 4(d) Rule This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision. This key is intended for actions that may affect the threatened northern long-eared bat. 12/03/2020 IPaC Record Locator: 336-24528917 The purpose of the key for non -Federal actions is to assist determinations as to whether proposed actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule. If a non -Federal action may cause prohibited take of northern long-eared bats or other ESA -listed animal species, we recommend that you coordinate with the Service. 12/03/2020 IPaC Record Locator: 336-24528917 Determination Key Result Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Qualification Interview 1. Is the action authorized, funded, or being carried out by a Federal agency? No 2. Will your activity purposefully Take northern long-eared bats? No 3. [Semantic] Is the project action area located wholly outside the White -nose Syndrome Zone? Automatically answered No 4. Have you contacted the appropriate agency to determine if your project is near a known hibernaculum or maternity roost tree? Location information for northern long-eared bat hibernacula is generally kept in state Natural Heritage Inventory databases — the availability of this data varies state -by -state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. A web page with links to state Natural Heritage Inventory databases and other sources of information on the locations of northern long- eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/ mammals/nleb/nhisites.html. Yes 5. Will the action affect a cave or mine where northern long-eared bats are known to hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or other alteration) of a hibernaculum? No 6. Will the action involve Tree Removal? No 12/03/2020 IPaC Record Locator: 336-24528917 Project Questionnaire If the project includes forest conversion, report the appropriate acreages below. Otherwise, type `0' in questions 1-3. 1. Estimated total acres of forest conversion: n 2. If known, estimated acres of forest conversion from April 1 to October 31 0 3. If known, estimated acres of forest conversion from June 1 to July 31 0 If the project includes timber harvest, report the appropriate acreages below. Otherwise, type `0' in questions 4-6. 4. Estimated total acres of timber harvest 0 5. If known, estimated acres of timber harvest from April 1 to October 31 0 6. If known, estimated acres of timber harvest from June 1 to July 31 0 If the project includes prescribed fire, report the appropriate acreages below. Otherwise, type `0' in questions 7-9. 7. Estimated total acres of prescribed fire 0 8. If known, estimated acres of prescribed fire from April 1 to October 31 0 9. If known, estimated acres of prescribed fire from June 1 to July 31 0 If the project includes new wind turbines, report the megawatts of wind capacity below. Otherwise, type `0' in question 10. 12/03/2020 IPaC Record Locator: 336-24528917 10. What is the estimated wind capacity (in megawatts) of the new turbine(s)? . �y in. f i PIN:2911214840000 Sally B Reynolds, trustee 519 Brookside Drive �2.26 acres Deed Bk 1968, Page 799 { Dewatering Legend Basin 0 Walker Pond' Walker —Property �4 Hardin Creek NCDEQ Stream Class Layer; watergclass Stream Does Not Occur Here nc_watauga_parcels_poly A L _ ` PROJECT OVERVIEW MAP 'f Walker Dam Dewatering Hardin Creek (C) Stream ID Upstream F .. ♦. ` �T�alKk�eir Pon 0.1 acres Hardin Creek (C) Stream ID Downstream r 0 50 100 150 200 ft All data displayed is publically available and was obtained from NCOnemap and Watauga Co. (2020) excluding the Hardin Creek (as rendered by C.C.) PROJECT SITE PHOTOSHEETS Walker Dam Dewatering Boone, NC (Watauga Co.) 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NC DWQ Stream Identification Form Version 4.11 Downstream of Pond Date: 11/23/2020 Project/Site: Walker Dam Latitude: 36.223385 Evaluator: Carrie Caviness County: Watauga Longitude: _81.669803 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 20.75 Ephemeral ntermitten Perennial e.g. Quad Name: Boone if >_ 19 or perennial if >_ 30` H. koeomorpnology (SUDtotal = u ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1� 2 3 2. Sinuosity of channel along thalweg 0 Cp 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 C) 2 3 4. Particle size of stream substrate 0 1 CD 3 5. Active/relict floodplain 0 2 3 6. Depositional bars or benches QO 1 2 3 7. Recent alluvial deposits CD 1 2 3 8. Headcuts CD 1 2 3 9. Grade control 0 .5 1 1.5 10. Natural valley 0 0.5 1 05 11. Second or greater order channel No CD Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal = 7 1 12. Presence of Baseflow 0 1 2 3� 13. Iron oxidizing bacteria CD 1 2 3 14. Leaf litter 1.5 1 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles CD 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes C. Biology (Subtotal = 5.75 ) 18. Fibrous roots in streambed 3 2 Q 0 19. Rooted upland plants in streambed 3 2 CD 0 20. Macrobenthos (note diversity and abundance) 0 1 2 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Snails, caddisfly cocoon structures, numerous mayfly and stonefl s on 5 rocks Sketch: Sampling Area Walker Pond Stream lacks a defined channel; more of a seepage gravel bed for-75-100' below dam NC DWQ Stream Identification Form Version 4.11 Upstream of Pond Date: 11/23/2020 Project/Site: Walker Dam Latitude: 36.223778 Evaluator: Carrie Caviness County: Watauga Longitude:-81.670044 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 25 Ephemeral ntermitten Perennial e.g. Quad Name: Boone if >_ 19 or perennial if >_ 30` A. Geomorphology (Subtotal = 13 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 3 2. Sinuosity of channel along thalweg 0 1 CD 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 (2) 3 4. Particle size of stream substrate 0 1 CD 3 5. Active/relict floodplain 0 2 3 6. Depositional bars or benches 0 (Z) 2 3 7. Recent alluvial deposits CD 1 2 3 8. Headcuts 0 CD 2 3 9. Grade control 0 .5 1 1.5 10. Natural valley 0 0.5 1 05 11. Second or greater order channel No CD Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 6 ) 12. Presence of Baseflow 0 1 CD 3 13. Iron oxidizing bacteria CD 1 2 3 14. Leaf litter 1.5 1 0 15. Sediment on plants or debris Q 0.5 1 1.5 16. Organic debris lines or piles 0 OD 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes C. Biology (Subtotal = 6 ) 18. Fibrous roots in streambed 3 Q 1 0 19. Rooted upland plants in streambed 3 Q 1 0 20. Macrobenthos (note diversity and abundance) 0 1 (2) 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Snails, caddisfly cocoon structures, 2 Ma fls -> 5 rocks Sketch: Culvert across BrooksideDr Pond Sampling Area Contact Name* Carrie Caviness, PhD Contact Email Address* Carrie. Caviness. 1 @gmail.com Project Owner* Sally B Reynolds, Trustee Project Name* Walker Dam Maintenance Project County* Watauga Owner Address:* Street Address 519 Brookside Drive Address Line 2 aty Boone Postal / Zip axle 28607 Is this a transportation project?* (- Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* (- Yes c: No State / Province / Pegion NC Country USA Do you know the name of the staff member you would like to request a meeting with? Sue Homewood or staff Please give a brief project description below.* The Walker Pond (-0.1 ac surface area) is an on-line pond located on an intermittent portion of Hardin Creek (C) (10-1-5). The pond was constructed some time in the 1960s. Geotechnical investigation shows the dam was constructed of poorly suited materials (stony loam) excavated to create the pond. There are currently three areas of leakage through the dam. The pond riser is clogged and undersized as are the two 4" emergency spillway pipes with inadequate freeboard. Scour and owner information indicates overtopping has already occurred on at least one occasion in the past 24 months. Additionally, the pond has infilled since its creation leading to storage volume issues. Residential structures are located in close proximity downstream of the pond. This project proposes slowly dewatering the pond to the sediment layer using siphon/pump and pipe to an adequately sized dewatering (diversion) basin over the winter 2020/2021 prior to generally rainy spring and early summer months. The geotechnical engineer involved with the project anticipates dam failure is likely in the near future. The owners are proceeding with design and estimates for reconstructing the dam or abandoning reconstruction and proceeding with stream restoration (-126). The subsequent PCN for this project will be modified with reconstruction plans under NW3 (GC4132) or modified to a NW27 (GC4134). Please give a couple of dates you are available for a meeting. 12/7/2020 12/8/2020 12/9/2020 Please attach the documentation you would like to have the meeting about. Overview Map - Walker Pond.pdf 3.21 MB NC DWQ Stream Identification Form Hardin 1.38MB Creek upstream pond.pdf NC DWQ Stream Identification Form Hardin 1.37MB Creek —downstream pond.pdf pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 12/2/2020