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HomeMy WebLinkAbout20190865 Ver 1_401 Application_20210309DWR 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?* C Yes r No Change only if needed. BIMS # Assigned 20190865 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Erin Davis:eads\ebdavis Information for Initial Review 1a. Name of project: Laurel Springs Stream and Wetland Mitigation Site 1a. Who is the Primary Contact?* Lin Xu 1b. Primary Contact Email:* lin.xu@ncdenr.gov Date Submitted 3/9/2021 Nearest Body of Water Fork Creek Basin French Broad Water Classification WS-N;Tr Site Coordinates Latitude: Longitude: 35.9913-81.9837 Pre -Filing Meeting Information ID# 20190865 Pre -fling Meeting or Request Date* 1/22/2021 Attach documentation of Pre -Filing Meeting Request here:* 20190865 Ver 1_Meeting Request Review 20210122.pdf Version#* 1 Reviewing Office* Central Office - (919) 707-9000 1c. Primary Contact Phone:* (919)707-8319 Version 1 6.11 MB A. Processing Information C^U County (or Counties) where the project is located: Avery Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No la. Type(s) of approval sought from the Corps: * 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: 27 - Restoration 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 le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)press 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 Approval Letter Laurel Springs_SAW-2019-00835.pdf 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? F 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: Eugene Wise / Jerry, Stephanie, Dakota, and Sara Willis 2b. Deed book and page no.: Deed Book: 336 pg. 716 / Deed Book: 485 pg. 484 2c. Responsible party: 209.71 KB * r Yes r No r Yes r No 2d.Address Street Address 964 Little Buck Hill Road Address tine 2 676 Little Buck Hill Road city Newland Rbstal / Zip Code 28657 2e. Telephone Number: (828)765-9810 2g. Email Address:* AbaldWn@restorationsystems.com I Applicant Information (if different from owner) 3a. Name: Lin Xu 3b. Business Name: NC Division of Mitigation Services 3c.Address Street Address 217 West .ones Street Address Line 2 City Raleigh Rbstal / Zip Code 27603 3d. Telephone Number: (919)707-8319 3f. Email Address:* lin.xu@ncdenr.gov 4. Agent/Consultant (if applicable) 4a. Name: Alex BaldWn 4b. Business Name: Restoration Systems, LLC 4c.Address Street Address 1101 Haynes Street, Suite 211 Address Line 2 City Raleigh Postal / Zip Code 27604 4d. Telephone Number: (919)755-9490 4f. Email Address:* AbaldWn@restorationsystems.com Agent Authorization Letter* Wise LOA Signed.pdf Willis LOA Signed.pdf Slate / Rovince / Region NC Country US 2f. Fax Number: (828)688-2513 State / p-wince / Region NC Country US 3e. Fax Number: Slate / Rovince / Region NC Country United States 4e. Fax Number: (919)755-9492 44.54KB 49.15KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (i appropriate) 1c. Nearest municipality/ town: Newland 2. Project Identification 2a. Property Identification Number: 18130080367000000 & 181200891385 2c. Project Address Street Address 964 Little Buck Hill Road Address Line 2 City Newland Postal / Zip Code 28657 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Fork Creek 3b. Water Resources Classification of nearest receiving water:* WS-N;Tr 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. 060101080103 4. Project Description and History 2b. Property size: 26 State / Rminoe / Region NC Country US 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:* Land use at the Site is characterized by disturbed forest and livestock pasture. Riparian zones are primarily composed of herbaceous vegetation that is sparse and disturbed due to livestock grazing, bush hogging, and regular land -management activities. Site land use has remained consistent since 1993. Streams and wetlands were altered, and pastureland was grazed. Watershed land use has remained agricultural in nature, with sparse residential development in the low, lying areas. At the Site, a residence was constructed in 1994, with a driveway crossing installed across Fork Creek and barn established in the floodplain. Land use at the Site is characterized by disturbed forest and livestock pasture. Riparian zones are primarily composed of herbaceous vegetation that is sparse and disturbed due to livestock grazing, bush hogging, and regular land -management activities. 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) Fig_1_Sitel-ocation.pdf 847.85KB 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) LaurelSpringsJD_Fig2_ProjMapping.pdf 1.32MB 4f. List the total estimated acreage of all existing wetlands on the property: 2.63 4g. List the total estimated linear feet of all existing streams on the property: 6325 4h. Explain the purpose of the proposed project:* Stream restoration, stream enhancement (Level 1 and Level 2), stream preservation, riparian wetland re-establishment, riparian wetland rehabilitation, wetland enhancement, and wetland preservation. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* A detailed description of proposed activities is provided in the attached Mitigation Plan. The project will be completed with standard earth -moving equipment, including a track hoe, track truck, pump around, and bulldozer. 4j. Please upload project drawings for the proposed project. App_A_LaurelSprings_Figs _12_1 _2020.pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: 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-2019-00835 34.47MB r Unknown 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Grant Lewis Agency/Consultant Company: Abom Environmental Other: Sd. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A site visit was conducted on October 02, 2019 in which streams and wetlands on the site were verified and amended. The signed Notification of Jurisdictional Determination dated November 11, 2019 is attached. Sell. Jurisdictional determination upload Approved_LaurelSprings_PJD.pdf 2.27MB 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 project or 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 ❑ Buffers r Open Waters r Pond Construction 2. Wetland Impacts Reason (?) r 2b. Impact type * M 2c. Type of W. 2d. W. name * 2e. Forested * 2f. Type of Jurisdicition(?)]2g. Impact area* W1 logical Restoration r P Bottomland Hardwood Forest Wetland GA Corps 0.008 (acres) W2 Ecological Restoration P Bottomland Hardwood Forest Wetland GC Corps 0.039 (acres) W3 Ecological Restoration P Bottomland Hardwood Forest Wetland GD Corps 0.070 (acres) W4 Ecological Restoration P Bottomland Hardwood Forest Wetland GG f Corps 0.041 (acres) W5 Ecological Restoration P Bottomland Hardwood Forest Wetland GH �Corps 0.086 (acres) W6 Ecological Restoration P Headwater Forest =fft ff—_—] Corps 0.048 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.292 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.292 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact ❑ :]��narn. (?) Jurisdiction* length* S1 Ecological Restoration 9 Permanent Relocation Fork Creek Perennial Corps p 8 2,165 Average (feet) (lir�rfeet) S2 Ecological Restoration Temporary Bank Stabilization J Fork Creek Perennial Corps 8 155 Average (feet) (lin�rfeet) S3 9� Ecological Restoration Permanent Relocation LIT 1 Perennial Corps p 7 1,360 Average (feet) (linearfeet) � Ecological Restoration g Permanent Relocation LIT 2 Perennial Corps p 6 382 Average (feet) (linearfeet) S5 S6 Ecological Restoration 9 Ecological Restoration Permanent Temporary Relocation Stabilization Ur 3 Ur 3 Perennial Perennial Corps P Corps 4 Average (feet) 4 Average (feet) 82 (linearfeet) 197 (linearfeet) S7 Ecological Restoration 9 Permanent Relocation Ur 2 Perennial Corps P 4 Aver�ge(feet) 28 (liriearfeet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 4,017 3i. Total stream and ditch impacts: 847 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 352 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: This is a stream and wetland mitigation project. As a result, avoidance and minimization were not part of the original design planning. The proposed project is anticipated to increase the function and length/area of jurisdictional strean✓wetland. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The only activities that will take place within the stream are filling and stabilization of banks, placement of channel bed material, and the installation of cross vanes and drop structures. No machinery will be driven within existing stream channels. If water is present, channels will be temporarily demaatered and all work will be performed in the dry. Impacts to jurisdictional areas are designed to benefit hydrology and vegetative communities. 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: NA. This is a stream and wetland mitigation project. [F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. 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 site is not located within a designated NC Riparian Buffer basin. 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 la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* r Yes r No 1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House?* r Yes r No NEPAor SEPAFinal Approval Letter App_E_Approved CE.pdf 12.21 MB 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 is a stream and wetland mitigation project and is anticipated to improve water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r- Nor N/A 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 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? USFWS Asheville Field Office direct communication Consultation Documentation Upload USFWSCorrespondence_Laurel-Springs.pdf 628.37KB 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 Fisheries Essential Fish Habitat Mapper v2.0 (online) 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 Historic Preservation Office's HPOWEB 2.0 7c. Historic or Prehistoric Information Upload NCSHPO_Correspondence_Laurel-Springs.pdf 59.74KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year flood plain?* f Yes G No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Insurance Rate Map 3710181200J (DFIRM panel numbers 1812 and 1813) Miscellaneous U Comments Miscellaneous attachments not previously requested. La u relSp ri ng s_JA_Impacts_F ig u res. pdf Laurel Springs _100122_MP_2021.pdf LaurelSprings401 FeeMemo.pdf Signature * 17 By checking the box and signing below, I certify that: 3.45MB 28.35MB 340.61 KB • 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: Alex Baldwin Signature Full Name (DMS Signature) Lin Xu DSM Signature Date 3/9/2021 February 11, 2021 Regulatory Division Re: NCIRT Review and USACE Approval of the NCDMS Laurel Springs Mitigation Site / Avery Co./ SAW-2019-00835/ NCDMS Project # 100122 Mr. Tim Baumgartner North Carolina Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Mr. Baumgartner: The purpose of this letter is to provide the North Carolina Division of Mitigation Services (NCDMS) with all comments generated by the North Carolina Interagency Review Team (NCIRT) during the 30-day comment period for the Laurel Springs Draft Mitigation Plan, which closed on January 10, 2021. These comments are attached for your review. Based on our review of these comments, we have determined that no major concerns have been identified with the Draft Mitigation Plan, which is considered approved with this correspondence. However, several minor issues were identified, as described in the attached comment memo, which must be addressed in the Final Mitigation Plan. The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN) Application for Nationwide permit approval of the project along with a copy of this letter. Issues identified above must be addressed in the Final Mitigation Plan. All changes made to the Final Mitigation Plan should be summarized in an errata sheet included at the beginning of the document. If it is determined that the project does not require a Department of the Army permit, you must still provide a copy of the Final Mitigation Plan, along with a copy of this letter, to the USACE Mitigation Office at least 30 days in advance of beginning construction of the project. Please note that this approval does not preclude the inclusion of permit conditions in the permit authorization for the project, particularly if issues mentioned above are not satisfactorily addressed. Additionally, this letter provides initial approval for the Mitigation Plan, but this does not guarantee that the project will generate the requested amount of mitigation credit. As you are aware, unforeseen issues may arise during construction or monitoring of the project that may require maintenance or reconstruction that may lead to reduced credit. REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Thank you for your prompt attention to this matter, and if you have any questions regarding this letter, the mitigation plan review process, or the requirements of the Mitigation Rule, please call me at 919-554-4884, ext 60. Sincerely, Kim Browning Mitigation Project Manager for Ronnie Smith, Deputy Chief USACE Regulatory Division Enclosures Electronic Copies Furnished: NCIRT Distribution List Paul Wiesner—NCDMS JD Hamby, Raymond Holz—RS LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 336 Page: 716 County: Avery Parcel ID Number: 18130080367000000 Street Address: 964 LITTLE BUCK HILL RD NEWLAND NC 28657 Property Owner (please print: Eugene Wise The undersigned, registered property owner(s) of the above property, do hereby authorize JD Hamb of ReVoralinrt Systems Grant Lewis of Axiom Environmental to take all actions necessary for the evaluation of the property as a potential stream and wetland mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) Property Owner Telephone Number: 828-765-9810 Property Owner Telephone Number: We hereby certify the above information to be true and accurate to the best of our knowledge. Owner Authorized Signature) a--11— /7 (Date) (Property Owner Authorized Signature) (Date) LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 485 Page: 484 County: Avery Parcel ID Number: 1812008.91385 Street Address: 676 LITTLE BUCK HILL RD NEWLAND NC 28657 Property Owner (please print: Jerry, Stephanie, Dakota and Sarah Willis The undersigned, registered property owner(s) of the above property, do hereby authorize JD Hamby of Restoration SXstems Grand Lewis ❑f Axiom Environmental to take all actions necessary for the evaluation of the property as a potential stream and wetland mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) 3719 SNOW CREEK RD BAKERSVILLE, NC 28705 Property Owner Telephone Number: 828-688-2513 Property Owner Telephone Number: 828-385-2513 Wh r y certify the above info mativn be true and accurate to the best of our knowledge. T erty Owner it oriz d Signa ure (Date) (Property Owner Authorized Signature) (Date) Copyright:© 2013 National Geographic Society, i-cubedFIGUREDrawn by:Date:Scale:Project No.:KRJAUG 20191:20,00019-009Title:Project:Prepared for:Avery County, NCSITELOCATION1³Copyright:© 2013 National GeographicSociety, i-cubedCopyright:© 2013 National GeographicSociety, i-cubedDirections to the Site from Boone:- Head south on NC-105 for 16.9 miles- Turn right onto US-221 South then left to stay on US-221 South- After 9.3 miles, turn right onto NC-194 South- After 2.3 miles, turn right onto Little Buck Hill Creek Road- The site is on the right after about 0.6 miles.- Site Latitude, Longitude 35.9913, -81.9837 (WGS84)USGS 7.5 Minute Topographic Map (Linville Falls,Newland, Carvers Gap, and Spruce Pine, NC Quads)LegendNCDOT RoadsLaurel Springs Easement = 29.19 acLAUREL SPRINGSMITIGATION SITELinville¬«19E£¤221¬«194LittleBuckHillCreekRoadM a p l e V i s t a L a n ePrisonCampRoad¬«194SprucePine FIGURE Dra wn by : Dat e: Sca le: Pro jec t N o.: AMR AUG 2019 1:5000 19-006 Tit le: Pro jec t: Pre pa red for : Aver y C oun ty, N C LAUREL SPRINGSMITIGATION SITE PRO JECT M APPING 2 Not es: 1. Ba ckground Im agerySources:a. Linville Falls, NC (1994)7.5 minute t opographicquadrangle prov ided by theU.S. Geological Surv ey(USGS, left window)b. So il Survey of Ave ryCounty, NC (2005) providedby the National Reso urc eConservation Servic e, sheet25 (right window) ³ Legend Lau rel Sp ring s M itig ati on Sit e 0 1,000 2,000500Feet Copyright:© 2013 National Geographic Society, i-cubedFIGUREDrawn by:Date:Scale:Project No.:KRJAUG 20191:20,00019-009Title:Project:Prepared for:Avery County, NCSITELOCATION1³Copyright:© 2013 National GeographicSociety, i-cubedCopyright:© 2013 National GeographicSociety, i-cubedDirections to the Site from Boone:- Head south on NC-105 for 16.9 miles- Turn right onto US-221 South then left to stay on US-221 South- After 9.3 miles, turn right onto NC-194 South- After 2.3 miles, turn right onto Little Buck Hill Creek Road- The site is on the right after about 0.6 miles.- Site Latitude, Longitude 35.9913, -81.9837 (WGS84)USGS 7.5 Minute Topographic Map (Linville Falls,Newland, Carvers Gap, and Spruce Pine, NC Quads)LegendNCDOT RoadsLaurel Springs Easement = 29.19 acLAUREL SPRINGSMITIGATION SITELinville¬«19E£¤221¬«194LittleBuckHillCreekRoadM a p l e V i s t a L a n ePrisonCampRoad¬«194SprucePine Copyright:(c) 2018 GarminFIGUREDrawn by:Date:Scale:Project No.:KRJAUG 20191:220,00019-009Title:Project:Prepared for:Avery County, NCHYDROLOGICUNIT MAP2³Location of Laurel Springs MitigationSite within USGS HydrologicUnit and Targeted LocalWatershed 060101080100200 5 10 152.5MilesLegendLaurel Springs Easement = 29.19 acUSGS Hydrologic Unit 0601010814 Digit Hydrologic Unit BoundariesTargeted Local WatershedsLAUREL SPRINGSMITIGATION SITE NC Center for Geographic Information & Anaylsis³Copyright:© 2013 National Geographic Society, i-cubedLegendLaurel Springs Easement = 29.19 acFork Creek Drainage Area = 1.32 sq mi (846.7 ac)UT-1 Drainage Area = 0.30 sq mi (193.4 ac)UT-2 Drainage Area = 0.02 sq mi (11.9 ac)UT-3 Drainage Area = 0.04 sq mi (22.8 ac)UT-4 Drainage Area = 0.02 sq mi (12.7 ac)0 3,000 6,0001,500Feet³FIGUREDrawn by:Date:Scale:Project No.:KRJAUG 20191:15,00019-009Title:Project:Prepared for:Avery County, NCTOPOGRAPHYANDDRAINAGE AREA3LAUREL SPRINGSMITIGATION SITE ^_^_^_^_^_^_^_^_^_^_^_^_^_^_^_^_^_^_^_^_^_^_^_^_^_^_3162425187654321CeESaCNkAWaDReAWaDWaCCeESaCWaDShDShDWaDCeECeEWaDWaDNC Center fFIGUREDrawn by:Date:Scale:Project No.:AEKSEPT 20191:220019-001.01Title:Project:Prepared for:Avery County, NCLAUREL SPRINGSMITIGATION SITEEXISTINGCONDITIONSAND SOILS4³0400800200FeetLegendAvery County ParcelsLaurel Springs EasementExisting Streams = 6325 ftDrained/Impacted Hydric Soils = 8.3 acExisting Wetland = 2.61 acExisting Drain TilePreconstruction Crest GaugePreconstruction Groundwater GaugeSoil Profile LocationsNRCS Soil Boundaries^_NC SAM Form Locations^_NC WAM Form Locations^_NCDWR Form LocationsPowerlineForkCreekUT-1UT-2UT-3UT-4NCSAM Form #4Score: LOWNCSAM Form #1Score: LOWNCSAM Form #3Score: LOWSoil Map Unit Soil SeriesCeE Chandler-Micaville complexNkA Nikwasi loamReA Reddies fine sandy loamSaC Saunook loamWaD Watauga sandy loamUT3AUT3UT-2AUT5NCSAM Form #5Score: HIGHNCSAM Form #2Score: LOWNCWAM Form #7Score: LOWNCSAM Form #6Score: HIGHNCWAM Form #10Score: HIGHNCSAM Form #7Score: HIGHWaDNC WAM Form #1Score: LOWNC WAM Form #3Score: LOWNC WAM Form #5Score: LOWNC WAM Form #6Score: HIGHNC WAM Form #2Score: LOWNC WAM Form #4Score: LOWNC WAM Form #8Score: LOWNC WAM Form #9Score: MEDIUM �■iiiiiiiiaiaii■iiii■iiiiiiiiiif4-ference Patter MEN Emilio .. ■■ ■■■■■■� / MEN NNEN MEN ■■■ ■■MEN ■■ LmA/Vbkf• • • ■■■■ SOME . - ■Mv - ! OEM■■■■� 1 ■■■■■■■■■■■ ■■■■■■■■■■ 2va 160 Tap of Bank Cross Section 2 -� Th rW_ Crass Section40 Cross Section 1 0100 0 0 40 sa 0 48120 160 200 240 280 320 360 400 440 $20 560 600 $40 680 720 760 0 98 W 97 108 106 104 O 102 100 W 98 96 94 92 Station 101 100 Q99 � 98 97 w 96 95 94 iii iiiu xPdi�R--�■■■uiiui�iiiiiiiiiiiiiiiiiiiiiiiiiiiiil 0 5 10 15 20 25 30 35 40 45 50 55 60 Station Cross Section 1 - Pool Abkf = 44.8 ft Wbkf=23.8ft Dmax = 2.6 ft rrrlili"�liiii�lrl�i■iiiiliiir�l�r■■■■■■■■■■■■■■■■■■■■■■■■■ :. _ • • 1 StationStream Type = Cb ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ► ■ i EM ■ r ■■■■■gull■111■1■■1111■11■111■■■■■■■■■■■■■■■■■■■■■■■■■■MIM EME■■■■■ MEN ■■■■■■■■11■111■1111111■11■111■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■ • ■■■■■■■■■l11■111■1111111■11■111■■■■■■■■■■■■■■■■�-------------- 1111■111It'1■111■1111111■11■11111111■11■1111115r�1111■111■11111 'Z— ank Height•ft M 101■■■■■■■■■ll■1■■■11:7AP�lfrlrllll■■■■■■■■■Ri■■■■■■■■■■■■■■■■■■■■ ■ = 16.100 Project: 1111■11111.iiiiiiiiiiiiiiiiiiiiiiiiil■■■■■■■■■■■■■■■■■■■■■■■■ .■■■■■■■■■■l�lll■1111111■11■111■■■■■►■■■■■■■■■■■■■■■■■■■■■■■■■ - ■ 100 iiiiiiiiiiiiiiiiiiiiiiiu•■/�i::::l�•:rrr�rrrrrr�rrrrr�rrr�rrrrr ' 1111■11111■l111■1111�5:■11■liii■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Stream Type Cb Laurel Springs ■■■■■■■■■■■■.■■■.:rll■11■111■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ 35 40 45 50 55 so Station Mitigation Axiom Environmental, Inc. 0 100 200 300 400 500 600 700 800 Station Profile (Reference Reach] Save = 0.0121 riselrun Svalley = 0.0131 riselrun Sriffle = 0.0118 (0.0026 - 0.0183) riselrun Spool = 0.00,37 (0 - 0.0254) riselrun Srun = 0.0085 (0.0030 - 0.0202) riselrun Sglide = 0.0041 (0 - 0.0083) riselrun Profile Legend Reference Bed Reference Water Surface Avery County North Carolina Title: Stone Mountain Reference Dimension, Pattern, and Profile Scale: A I A FIGURE NO. Date: r w Sept 2019 �i�JH Project No-: 19-009 160 Cross Section 2 Reference Pattern 1.p-p = 55 (37 - 83) ft 120 - ross Section 3 m = 104 (77 - 131) ft 100 _ belt = 23 (16 - 28) ftso Axiom Environmental, Inc. - Rc = 47 (31 - 66) ft .ross S .. ion 1 - Riffl . Lp-p/Wbkf = 4.4 (3.0 - 6.6) 10 Abkf - 20.4 ft 60 L.mlWbkf = 8.3 (6.1 - 10.5) 9 WbeltfWbkf = 1.8 (1.3 - 2.2) Dave 1.5 ft = 40 Rc/Wbkf = 3.8 (2.4 - 5.3) o s Wbkf = 13.2 ft Section 1 SIN = 1.04 � r Dmax = 1.9 ft za > Bank Height = 1.9 ft -� 1 wRESTORATION ❑ 180 200 220 240 280 6 FPA = 75 020 40 60 80 100 120 140 150 5 Pattern Legend 4 ENT = 5.7 15 20 K Stream Type = E Top of Bank Station Th a lweg Cross Section s 7 � 6 0 � 5 N4 w 3 2 0 5 14 15 20 Station 102 101 0100. M � 99 ul 98 97 0 20 40 60 80 25 Cross Section 2 - Riffle Abkf = 19.9 ft Dave = 1.7 ft Wbkf = 11.8 ft Dmax = 1.9 ft Bank Height = 1.9 ft W/D = 7.0 FPA=75 ENT = 6.3 Stream Type = E 5 10 15 20 25 Station 100 120 140 160 180 200 Station Crass Section 3 - Pool Abkf = 29.2 ft Wbkf = 15.7 ft Dmax = 2.7 ft Profile (Reference Reach] Save = 0.0112 rise/run Svalley = 0.0116 riselrun Sriffle = 0.0195 (0.0178 - 0.0225) rise/run Spool = 0.0015 (0.0002 - 0.0036) rise/run Srun = 0 (0 - 0) rise/run Sglide = 0.0028 (0.0001 - 0.0054) rise/run Profile Legend Reference Bed Reference Water Surface Project: Laurel Springs Mitigation Site Avery County North Carolina Title: Cranberry Creek Reference Dimension, Pattern, and Profile Scale: A I A FIGURE NO. Date: r B Sept 2019 �i�J Project No-: 19-009 LEGEND Easement Boundary = 29.19 ac Major Topography Line (5-ft) Minor Topography Line (1-ft) — — Stream Restoration = 3296 ft Stream Enhancement (Level 1) = 274 ft Stream Enhancement (Level II) = 446 ft i 6 =._ . �• ' Stream Preservation = 1245 ft Wetland Reestablishment = 7.656 ac Wetland Rehabilitation = 1.845 ac Wetland Enhancement = 0.148 ac ® Wetland Preservation = 0.198 ac P Marsh Treatment Area NNW Piped Crossing — — Drain Tile Removal Note: See Figure 6D for creditable wetland areas. B UT 4 0 End Reach B -Restoration / a, y Sta 06+85 Elev 2953.53 ON k kt, 60 ft outside of easement and non-credit generating UT 1 Start - Restoration Sta 00+00 Elev 2947.15 / _ 1 UT 4 / End Reach A - Preservation Start Reach B - Restoration / ` Sta 05+73 Elev 2956.35 Plug and backfill ditch and harden the tie in point with a drop structure to reduce potential for headcut. Keep existing culvert open, or upgrade culvert to pass stormwater flow. UT 5 Reach B - Preservation Sta 00+00 to 00+67 Fork Creek Start Reach A - Enhance I Sta 00+00 Elev 2964.84 Fork Creek End Reach A Enhance I Start Reach B Restoration Sta 00+91 Elev 2963.00 Reduce pressure on erroding bank and stabilize with matting and seed. UT 4 Start Reach A - Preservation Sta 00+32 MFM UT 5 Reach A - Preservation Sta 00+00 to 00+60 o so goo SCALE IN FEET ir L Axiom Environmental, Inc. NOTES/REVISIONS Project: Laurel Springs Mitigation Site Avery County North Carolina Title: MITIGATION PLAN Scale: FIGURE NO. As Shown ^ A �� Date: Sept 2019 Project No.: 19-009 UT 1 Start - Restoration Sta 00+00 / Elev 2947.15 / I 1 � I I UT 1 End - Restoration Sta 02+34 I Elev 2939.76 01, ♦ I i I I� 1 I UT 3 / End Reach D - Restoration Sta10+02 Elev 2929.44 / —� 001* .000 1000, 1000, O I I / UT 3 End Reach C - Enhance I Start Reach D - Restoration Sta 07+69 Elev 2938.29 UT 3 Start Reach C - Enhance I Sta 05+86 Elev 2955.98 LEGEND Easement Boundary = 29.19 ac Major Topography Line (5-ft) Minor Topography Line (1-ft) Stream Restoration = 3296 ft Stream Enhancement (Level 1) = 274 ft Stream Enhancement (Level 11) = 446 ft Stream Preservation = 1245 ft Wetland Reestablishment = 7.656 ac Wetland Rehabilitation = 1.845 ac F Wetland Enhancement = 0.148 ac Wetland Preservation = 0.198 ac 4. Marsh Treatment Area Piped Crossing Drain Tile Removal Note: See Figure 6D for creditable wetland areas. El :1 UT 3 End Reach A - Preservation Start Reach B - Enhance II Sta 02+96 I UT 3 End Reach B - Enhance II Sta 05+44 s- 1 UT 3A Start - Preservation UT 3A Sta 00+00 End - Preservation Sta 01+03 v =k T I 0 50 100 SCALE IN FEET Axiom Environmental, Inc. NOTES/REVISIONS Project: Laurel Springs Mitigation Site Avery County North Carolina Title: MITIGATION PLAN Scale: FIGURE NO. As Shown A B (V.� Date: Sept 2019 Project No.: 19-009 I I I r I 1 I 11 o ► ► t 1 I I I I I I I I I I � / I I I I I I I I I I I / UT 2 End Reach C - Restoration Sta 09+26 Elev 2914.02 Fork Creek End Reach B - Restoration Sta 24+01 LEGEND Easement Boundary = 29.19 ac Major Topography Line (5-ft) Minor Topography Line (1-ft) Stream Restoration = 3296 ft Stream Enhancement (Level 1) = 274 ft Stream Enhancement (Level 11) = 446 ft Stream Preservation = 1245 ft Wetland Reestablishment = 7.656 ac Wetland Rehabilitation = 1.845 ac Wetland Enhancement = 0.148 ac ® Wetland Preservation = 0.198 ac Marsh Treatment Area Piped Crossing Drain Tile Removal Note: See Figure 6D for creditable wetland areas UT 2� Start Reach A - Preservation Sta 00+00 UT 2 End Reach A - Preservation Start Reach B - Enhance II Sta 01 +84 UT 2 UT 2A End Reach B - Enhance II End - Preservation Start Reach C - Restoration Sta 00+25 77 ft outside of easement Sta 03+82 and non-credit generating Elev 2964.95 0 UT 2A Start Preservation Sta 00+00 1. - • - 4 -} I 0 50 1 SCALE IN FEET Axiom Environmental, Inc. NOTES/REVISIONS Project: Laurel Springs Mitigation Site Avery County North Carolina Title: MITIGATION PLAN Scale: FIGURE NO. As Shown w w (V= r�- Date: Sept 2019 Project No.: 19-009 UT 3 - Reach A UT 2A Fork Creek - Reach A Preservation = 265 ft Preservation = 25 ft Enhance I = 91 ft UT 4 - Reach A Preservation = 541 ft UT 3A Preservation = 103 ft UT 5A - Reach A UT 2 - Reach A Preservation = 60 ft Preservation = 184 ft UT 5A - Reach B Preservation = 67 ft UT 4 - Reach B Restoration = 112 ft UT 1 Restoration = 234 ft LEGEND Easement Boundary = 29.19 ac Major Topography Line (5-ft) Minor Topography Line (1-ft) Stream Restoration = 3296 ft Stream Enhancement (Level 1) = 274 ft Stream Enhancement (Level 11) = 446 ft Stream Preservation = 1245 ft Creditable Wetland Reestablishment = 3.688 ac Fork Creek - Reach B Restoration = 2250 ft UT 3 - Reach B Enhance II = 248 ft V I.I I %� Enhance I = 183 ft UT 2 - Reach B Enhance II = 198 ft UT 2 - Reach C Restoration = 467 ft UT 3 - Reach D CM — cm Enhance 1 = 233 ft 0 Project: Laurel Springs Mitigation Site Avery County North Carolina Title: ASSET MAP ,14 Axiom Environmental, Inc. NOTES/REVISIONS 0 200 400 SCALE IN FEET Scale: FIGURE NO. As Shown A D �� Date: Sept 2019 Project No.: 19-009 TYPICAL CHANNEL PROFILE NOTES' 1, POOL -TO -POOL SPACING IS MEASURER FROM CENTER OF POOL BEND TO CENTER OF POOL BEND. VALLEY SIDE SLOPE PROPOSED FLOOOPLAIN 1 y'N11N IE WILLOW AKES PROPOSED I ...... rLwu�Ln� gnd Axiom Environmental, Inc. Cp6418 SWnn 21 p BANK SLOPE STONE SEC MA yy 9E0 MATERIAL UP CHANNELBANK TO U3 On,f TYPICAL RIFFLE CROSS-SECTION LIVE WILLOW STAKES 7POSED >ODPLAIN7 NOTES/REVISIONS POOL LENGTH MAX- 11 SLOPE HEAD OF TAAL tlF , r," HR3 i RIFFLE TYPICAL POOL CROSS-SECTION R{FPLE f• t _ RAF EF «R1 DESIGN CHANNEL %�ti GCrOfi I Project: _ CHANNEL CONSTRUCTION NOTES: ¢V R��ie •♦ I , Flow H� 1. MATERIAL EXCAVATED FROM CHANNEL AND FLOOQPt11iN SHALL BE Laurel Springs [ USED TO BACKFILL EXISTING CHANNEL. Mitigation Site TYPICAL CHANNEL PLAN VIEW CHANNEL PLAN VIEW NOTES' 1. THE CONTRACTOR SHALL LAYOUT THE CHANNEL ALIGNMENT BY LOCATING THE RADII AND SCRIBING THE CENTER LINE FOR EACH POOL BEND. THE CONNECTING TANGENT SECTIONS SHALL COMPLETE THE LAYOUT OF THE CHANNEL 2. FIELD ADJUSTMENTS OF THE ALIGNMENT MAY BE REQUIRED TO SAVE TREES OR AVOID OBSTACLES. THE STAKEOUT SHALL BE APPROVED BY THE CONSTRUCTION MANAGER BEFORE CONSTRUCTION OF THE CHANNEL. 2, BANK PROTECTION SHALL CONSIST OF NATURAL COIR FIBER MATTING, 3, THE CONTRACTOR SHALL SUPPLY BED MATERIAL FOR THE ENTIRE BED LENGTH OF EACH RIFFLE SECTION. THE BED MATERIAL SHALL CONSIST OF A MIX OF CLASS A AND SMALLER STONE. CROSS-SECTION DIMENSIONS REACH Wbkf ft. Wbot ft. ❑riff ft. Dthal ft. ❑ ool ft. Wool ft. Wthal ft. Fork Creek 16-3 10.3 1.4 0.1 2.0 21.1 9.1 UT 10.6 6.6 0.9 0.1 1.3 13.8 6.0 UT 2 5,0 3,0 0A 0.1 0.6 6.5 2,9 LIT 3and 4 5.3 3.3 0.4 0.1 0.6 69 3.3 Avery County North Carolina Title: PROPOSED DIMENSION, PATTERN, AND PROFILE Scale: FIGURE NO. NA Date, Sept 2019 Project No.: 19-009 LEGEND V MEW-4m 1� Vegetation Association Montane Alluvial Forest' Acidic Cove Forest' Stream side Assemblage"' TOTAL Area (acres) 9.0 4.7 2.5 161 Species Basswood(Mia awricano) Cherry birch(Betula lenta) Indicator Status FACE FACE #planted' %oftotal 100 2% 100 2% #planted' 200 400 %oftotal 6% 13% #planted" 500 %oftotal 7% #planted 300 1000 Eastern hemlock(Tsuga conodensis) FACE 100 2% 100 3% 200 Red oak (Quercus rubra) FACU 300 9% 300 White Ash(R—hrus americans) FACE 100 2% 300 9% 400 White Oak(Quercus albs) FACE 100 2% 400 13% 500 White pine (Pi a strobus) FACE 100 2% 400 13% 500 Yellow birch(Betula alleghaniensis) FACU 100 2% 300 9% 500 7% 900 Black Gum(Nysso sylvatica) FAC 600 10% 100 3% 500 7% 1200 Persimmon(Diosporos virgmrana) FAC 200 3% 300 9% 500 Scarlet Oak(Quercus rmbncaria) FAC 200 3% 100 3% 300 Shadbush(Amelanchrer arborea) FAC 100 2% 400 6% 500 Tulip poplar (Lvrodendron tut p f ra) FAC 600 10% 200 6% 500 7% 1300 Arnerican elm(Ulmus americano) FACW 600 10% 100 3% 500 7% 1200 - Hackberry(Celhs laevigata) River birch(Betula nigra) FACW FACW 600 10% 600 10% 500 500 7% 7% 1100 1100 Swamp Chestnut Oak (Quercus micham,ii) FACW 600 10% 400 6% 1000 Sycamore(Plahm- occidentalis) Tag alder(Alnus serrulata) Silky Dogwood (Corn- )"' FACW FACW FACW 600 10% 300 5% 200 3% 500 400 400 7% 6% 6% 1100 700 600 Black willow(Salix mgra)*** OBL 300 5% 400 6% 700 Elderberry(Sambucus mgra)*** OBL 400 6% 400 Buttonbush(Cephalanthus occidentalis)*** OBL 400 6% 400 TOTAL 6200 100% 1 3200 1 100% 6800 100% 16200 * Planted at a density of 680 stems/acre. ** Planted at a density of 27M stems/acre. ** May be Gve sFelod Easement Boundary = 29.19 ac Major Topography Line (5-ft) Minor Topography Line (1-ft) Streamside Assemblage Acidic Cove Forest Montane Alluvial Forest ® Approximate Area of Herbaceous Dominated Wetland ...ice♦ ��� ���.��� u S 3 � Axiom Environmental, Inc. NOTES/REVISIONS Project: Laurel Springs Mitigation Site r '* Title: E� PLANTING PLAN 200 SCALE IN FEET Scale: FIGURE NO. As Shown Date: A Sept 2019 vu Project No.: 19-009 %i �yyykk,,' LEGEND r Easement Boundary = 29.19 ac Major Topography Line Stream Restoration,. Stream Enhancement (Level 1) Stream Enhancement (Level II) Stream Preservation Wetland Reestablishment Creditable Wetland Reestablishment = 3.688 ac ZSZ9 Wetland Rehabilitation 2SZSZS Wetland Enhancement Wetland Preservation Approximate Area of Freshwater Marsh Permanent Monumented Cross Section Vegetation Plot • Groundwater Gauge 0 Crest Gague (Pressure Transducer) Note: Permanent photo documentation points will be located at the origin of each vegetation plot, at each cross section, and at each culverted crossing. Axiom Environmental, Inc. NOTES/REVISIONS Project: Laurel Springs Mitigation Site Avery County North Carolina �pR.t .c: Title: MONITORING PLAN 0 200 400 SCALE IN FEET NC Center for Geographic Information & Anaylsis FIGURE Drawn by: Date: Scale: Project No.: KRJ FEB 2021 1:2200 19-009 Title: Project: Prepared for: Avery County, NC LAUREL SPRINGSMITIGATION SITE STREAM BUFFERCREDITADJUSTMENTOUTPUT 10 UT-1 UT-2UT-3UT-4UT3AUT3UT-2AUT5Legend Conservation Easement Boundary Channel TOB TOB - 15 ft 15 - 20 ft 20 - 25 ft 25 - 30 ft 30 - 50 ft 50 - 75 ft 75 - 100 ft 100 - 125 ft 125 - 150 ft Ineligible Buffer Area (Wetland Reestablishment Beyond 45 ft from TOB) 0 400 800200Feet³ForkCreek Buffer Zones less than 15 feet >15 to 20 feet >20 to 25 feet >25 to 30 feet >30 to 50 feet >50 to 75 feet >75 to 100 feet >100 to 125 feet >125 to 150 feetMax Possible Buffer 156596.25 53983.75 54376.25 54768.75 223000 265993.75 266386.25 266778.75 287581.25Ideal Buffer 161982.14 54780.67 54365.47 54390.63 211885.48 258774.43 255325.63 253381.12 252860.16Acutal Buffer 156496.49 51227.47 50181.69 49327.64 169766.9 145440.21 134349.17 123208.11 100737.85Zone Multiplier (%)50%20%15%15% 9% 7%6%5%3%Buffer Credit Equivalent 1865.98 746.39 559.80 559.80 335.88 261.24 223.92 186.60 111.96Percentage of Ideal Buffer 97%95%94%93% 80% 56% 53%49%40%Credit Adjustment -53.31 -39.55 -34.55 -41.83 269.11 146.82 117.82 90.73 44.60 Total Baseline Credit Credit Loss in Required Buffer Credit Gain for Additional Buffer Net Change in Credit from Buffers Total Credit3731.97 -169.24 669.1 499.86 4231.83 NC Ce nt er f or G eo gr aphic I nf orm a tion & An aylsis FIGU R E Dra wn b y: Da te: Sca le : Pro jec t N o.: KRJ FEB 2021 1:2200 19-009 Tit le: Pro jec t: Pre pa red fo r: Avery C ounty, NC LA UR EL SPR IN GSMITIGATION SITE LIDA RMAP 11³0 40 0 80 0200Fe e t Legend Laure l Sp rings Eas eme nt F ork Creek UT-1 UT-2UT-3UT-4UT3AUT3UT-2AUT5 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry 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 July 12, 2019 JD Hamby Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, NC 27604 Re: Laurel Springs Mitigation Site, Avery County, ER 19-1900 Dear Mr. Hamby: Thank you for your letter of June 6, 2019, 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, Ramona Bartos, Deputy State Historic Preservation Officer FIGURE Drawn by: Date: Scale: Project No.: AEK FEB 2021 1:2100 19-006 Title: Project: Prepared for: Avery County, NC LAUREL SPRINGSMITIGATION SITE JURISDICTIONAL AREA IMPACT LOCATIONS 2 Notes:1. Background Imagery Source:2018 aerial photographyprovided by the NC OneMapprogram (online, provided bythe NC Geographic InformationCoordination Council) 0 600300Feet³Fo rk CreekUT-1UT-2UT-3UT-4UT3AUT3UT-2AUT5F ork Creek Figure 2A Figure 2BLegend Laurel Springs Easement - 29.19 ac Existing Jurisdictional Wetlands = 2.63 acres Permanent Impacts to Jurisdictional Wetlands = 0.292 acres Temporary Impacts to Jurisdictional Streams = 352 linear feet Permanent Impacts to Jurisdictional Streams = 4,017 linear feet Proposed Channel Top of Bank FIGURE Drawn by: Date: Scale: Project No.: AEK FEB 2021 1:1200 19-006 Title: Project: Prepared for: Avery County, NC LAUREL SPRINGSMITIGATION SITE JURISDICTIONAL AREA IMPACT LOCATIONS 2A Notes:1. Background Imagery Source:2018 aerial photographyprovided by the NC OneMapprogram (online, provided bythe NC Geographic InformationCoordination Council) 0 15075Feet Legend Laurel Springs Easement - 29.19 ac Existing Jurisdictional Wetlands = 2.62 Permanent Impacts to Jurisdictional Wetlands = 0.292 acres Temporary Impacts to Jurisdictional Streams = 352 linear feet Permanent Impacts to Jurisdictional Streams = 4,017 linear feet Proposed Channel Top of Bank³Fork Creek UT-1UT-3UT-4UT3AUT3UT5Fork Creek W5 - GH Wetland0.0 86 ac permanen t impact W4 - GG Wetland0.0 41 ac permanent impact W3 - GD Wetland0.0 70 ac permanen t impact S2 - Fork Creek 155 lft temporary impact S1 - Fork Creek 2165 lft permanent impact S3 - UT-1 1360 lft permanent impact S5 - UT-3 82 lft permanent impact S6 - UT-3 197 lft temporary impact S7 - UT-4 28 lft permanent impact FIGURE Drawn by: Date: Scale: Project No.: AEK FEB 2021 1:1200 19-006 Title: Project: Prepared for: Avery County, NC LAUREL SPRINGSMITIGATION SITE JURISDICTIONAL AREA IMPACT LOCATIONS 2B Notes:1. Background Imagery Source:2018 aerial photographyprovided by the NC OneMapprogram (online, provided bythe NC Geographic InformationCoordination Council) 0 15075Feet Legend Laurel Springs Easement - 29.19 ac Existing Jurisdictional Wetlands Permanent Impacts to Jurisdictional Wetlands = 0.292 acres Temporary Impacts to Jurisdictional Streams = 352 linear feet Permanent Impacts to Jurisdictional Streams = 4,017 linear feet Proposed Channel Top of Bank³UT-1UT-2UT3AUT3F ork Creek W2 - GC Wetland0.0 40 ac permenen t impacts W3 - GD Wetland0.0 70 ac permanen t impact UT3UT-2W6 - PA Wetland0.0 48 ac permanen t impact W1 - GA Wetland0.0 08 ac permanen t impact S4 - UT2 382 lft permanent impact S6 - UT3 197 lft temporary impact S5 - UT3 82 lft permanent impac S3 - UT-1 1360 lft permanent impact S1 - Fork Creek 2165 lft permanent impact MEMORANDUM: TO: Debby Davis FROM: Lin Xu SUBJECT: DATE: Payment of Permit Fee 401 Permit Application March 9, 2021 The Division of Mitigation Services (DMS) is implementing a mitigation project for Laurel Springs Site Mitigation Project in Avery County (DMS IMS # 100122). The activities associated with this restoration project involve wetland restoration related temporary stream and wetland impact. To conduct these activities, the DMS must submit a Pre-construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from DMS Fund # 2981, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter I can be reached at 919-707-8319. Thanks for your assistance. cc: Erin Davis, DWR LX United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 September 4, 2019 John Hamby Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Dear Mr. Hamby: Subject: Laurel Springs Mitigation Project; Avery County, North Carolina Log No. 4-2-19-358 The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your updated correspondence received via email on September 4, 2019, wherein you solicit comments regarding potential impacts to federally protected species that may result from the proposed project. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, the proposed project aims to restore, enhance, and/or preserve approximately 5,077 linear feet of stream channel (Fork Creek and its unnamed tributaries) near Crossnore, North Carolina. The proposed work area and adjacent uplands are dominated by agricultural land cover, and some successional forest adjacent to pasture. Instream habitats appear to be highly disturbed from associated land uses and ranked “low” according to NCSAM at four locations onsite. Approximately 0.3 acre of unforested wetlands also occur within the 26.2 acre easement area. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the project area for the federally threatened northern long-eared bat (Myotis septentrionalis), and multiple mist net captures of this animal occur in the project vicinity. However, the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule for this species 1. Although not required, we encourage you to avoid associated tree clearing activities during the maternity roosting season from May 15 – August 15, and particularly during the pup season for this species (June 1 – July 31). 1 The Service believes that the apparently minor extent of tree clearing and your commitment to ensure that roosting habitats would not be disturbed during summer months reduces the probability for take of this species to a level we would consider insignificant and discountable. Therefore, we would alternatively concur with an action agency determination that the proposed project “may affect, but is not likely to adversely affect” this species. 2 Service records indicate no known occurrences of the federally endangered gray bat (Myotis grisescens), and Virginia big-eared bat (Corynorhinus townsendii virginianus) in the vicinity of the proposed project, although potential suitable forage habitat is present onsite. We appreciate your commitment to ensure that these habitats would not be disturbed during summer months. Therefore, we would concur with an action agency determination that the proposed project “may affect, but is not likely to adversely affect these species.” In the interest of protecting habitats for bat species, tree removal should be selective and clearing of vegetation should be minimized to what is necessary to provide healthy streambank and bed habitats. Reaches with well-vegetated riparian areas should be first considered for preservation, rather than for restoration or enhancement activities to preclude unwarranted disturbances to existing habitats. According to our records and a review of the information you provided, no other federally listed species or their habitats occur onsite. Therefore, we believe the requirements under section 7 of the Act are fulfilled and we require no further action at this time. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We offer the following general recommendations in the interest of protecting natural resources: Stream Channel and Bank Restoration A natural, stable stream system is one that is able to transport a wide range of flows and associated sediment bed load while maintaining channel features and neither degrading nor aggrading. Alterations to the dimension, pattern, or profile of the stream channel as well as changes to streambank vegetation, floodplains, hydrology, or sediment input can significantly alter this equilibrium. We understand that this stream reach is highly modified, and restoring the site to a natural state may not be feasible. Still we offer the following recommendations: 1. Only the absolute minimum amount of work should be done within stream channels to accomplish necessary reconstruction. The amount of disturbance to in-stream and riparian areas should not exceed what will be stabilized by the end of the workday. Restoration plans should account for the constraints of the site and the opportunities to improve stream pattern, dimension, and profile with minimal disturbance. 2. Reconstruction work should follow natural channel design methodologies that are based on the bank-full, or channel-forming, stage of the stream. Bank-full stage maintains the natural channel dimensions and transports the bulk of sediment over time. Natural channel conditions should be identified using a reference reach (nearby stream reaches that exemplify restoration goals). Restoration design should match the pattern, dimension, and profile of the reference reach to ensure the project’s success. 3. All work in or adjacent to stream waters should be conducted in a dry work area to the extent possible. Sandbags, cofferdams, bladder dams, or other diversion structures 3 should be used to prevent excavation in flowing water. These diversion structures should be removed as soon as the work area is stable. 4. Equipment should not be operated in the stream unless absolutely necessary. Machinery should be operated from the banks in a fashion that minimizes disturbance to woody vegetation. Equipment should be: (a) washed to remove any contaminant residue prior to project construction, (b) in good working order, and (c) checked to ensure there are no leaks of potential contaminants (such as oil or other lubricants) prior to and during construction. 5. Streambanks with deep-rooted woody vegetation are the most stable, and stream restoration efforts should incorporate the use of native vegetation adapted to the site conditions. Live dormant stakes may be used to reestablish root structure in riparian areas. In areas where banks are severely undercut, high, and steep, whole-tree revetment or rock may be used as a stabilization treatment (small rock, gravel, sand, and dirt are not recommended due to their erosive nature), and it should not extend above the bank-full elevation (the elevation of the channel where the natural floodplain begins). Deep-rooting woody vegetation should be established along banks where any channel work is accomplished. Tree and shrub plantings should be spaced at intervals no greater than 10 feet along banks. Vegetated riparian zone widths should be as wide as practical but should extend at least 30 feet from the stream channel. 6. Adequate measures to control sediment and erosion must be implemented prior to any ground-disturbing activities in order to minimize effects on downstream aquatic resources. In North Carolina, non-cohesive and erosion-prone soils are most common in the felsic-crystalline terrains of the mountain and upper piedmont regions. Therefore, reconstruction work should be staged such that disturbed areas would be stabilized with seeding, mulch, and/or biodegradable (coir) erosion-control matting prior to the end of each workday. No erosion-control matting or blankets should contain synthetic (netting) materials as they trap animals and can persist in the environment beyond their intended purpose. Matting should be secured in place with staples; stakes; or, wherever possible, live stakes of native trees. If rain is expected prior to temporary seed establishment, additional measures should be implemented to protect water quality along slopes and overburden stockpiles (for example, stockpiles may be covered with plastic or other geotextile material and surrounded with silt fencing). The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 42225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-19-358. Sincerely, - - original signed - - Janet Mizzi Field Supervisor 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 http://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: Consultation Code: 04EN1000-2019-SLI-0357 Event Code: 04EN1000-2019-E-00928 Project Name: Laurel Springs Subject:List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc_counties.html. The AFO website list includes “species of concern” species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmls/project_review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant_survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html May 21, 2019 05/21/2019 Event Code: 04EN1000-2019-E-00928   2    New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmls/project_review/assessment_guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// 05/21/2019 Event Code: 04EN1000-2019-E-00928   3    www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ▪Official Species List ▪Migratory Birds ▪Wetlands 05/21/2019 Event Code: 04EN1000-2019-E-00928   1    Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 05/21/2019 Event Code: 04EN1000-2019-E-00928   2    Project Summary Consultation Code:04EN1000-2019-SLI-0357 Event Code:04EN1000-2019-E-00928 Project Name:Laurel Springs Project Type:STREAM / WATERBODY / CANALS / LEVEES / DIKES Project Description:Stream and wetland restoration project for NC DMS Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.9942010055465N81.98124359630691W Counties:Avery, NC 05/21/2019 Event Code: 04EN1000-2019-E-00928   3    Endangered Species Act Species There is a total of 10 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2657 Endangered Gray Bat Myotis grisescens No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329 Endangered Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Threatened Virginia Big-eared Bat Corynorhinus (=Plecotus) townsendii virginianus There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8369 Endangered Arachnids NAME STATUS Spruce-fir Moss Spider Microhexura montivaga There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4801 Endangered 1 05/21/2019 Event Code: 04EN1000-2019-E-00928   4    Flowering Plants NAME STATUS Blue Ridge Goldenrod Solidago spithamaea No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5821 Threatened Heller's Blazingstar Liatris helleri No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5962 Threatened Roan Mountain Bluet Hedyotis purpurea var. montana No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1087 Endangered Spreading Avens Geum radiatum No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6854 Endangered Lichens NAME STATUS Rock Gnome Lichen Gymnoderma lineare No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3933 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 05/21/2019 Event Code: 04EN1000-2019-E-00928   1    Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1.The Migratory Birds Treaty Act of 1918. 2.The Bald and Golden Eagle Protection Act of 1940. 3.50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Breeds Sep 1 to Aug 31 Canada Warbler Cardellina canadensis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 20 to Aug 10 1 2 05/21/2019 Event Code: 04EN1000-2019-E-00928   2    NAME BREEDING SEASON Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jul 31 Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Aug 31 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1.The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2.To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3.The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season () 05/21/2019 Event Code: 04EN1000-2019-E-00928   3    Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort () Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data () A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non-BCC Vulnerable Canada Warbler BCC Rangewide (CON) Prairie Warbler BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) Additional information can be found using the following links: ▪Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php ▪Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php ▪Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. no data survey effort breeding season probability of presence 05/21/2019 Event Code: 04EN1000-2019-E-00928   4    Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your 05/21/2019 Event Code: 04EN1000-2019-E-00928   5    project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1."BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2."BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3."Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ “What does IPaC use to generate the migratory birds potentially occurring in my specified location”. Please be aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that 05/21/2019 Event Code: 04EN1000-2019-E-00928   6    overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ “Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds” at the bottom of your migratory bird trust resources page. 05/21/2019 Event Code: 04EN1000-2019-E-00928   1    Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. 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