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,
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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
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10
09
08
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'06
'05
'04
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36°07'30"
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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
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Check with local Forest Service unit
for current travel conditions and restrictions.
co O
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BOON E, NC
22MMMZ
a
2016
z z
o
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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
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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
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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
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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.)
November 23rd1 2020
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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