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HomeMy WebLinkAbout20201388 Ver 1_ePCN Application_20210419DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Has this project met the requirements for acceptance in to the review process?* P Yes ✓ No Is this project a public transportation project?* C Yes P No Change cnly if needed. BIMS # Assigned* 20201388 Is a payment required for this project?* ✓ No payment required ✓ Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Version#* 1 What amout is owed?* $240.00 (7 $570.00 Select Project Reviewer* Sue Homewood:eads \slhomewood Information for Initial Review la. Name of project: Hodges Creek Restoration Project la. Who is the Primary Contact?* Charles Anderson 1 b. Primary Contact Email:* canderson@resourceinstituteinc.com Date Submitted 4/19/2021 Nearest Body of Water Fisher River Basin Yadkin-PeeDee Water Classification WS-II Site Coordinates Latitude: Longitude: 36.450847 -80.789882 Pre -Filing Meeting Information ID# 20201388 Pre -fling Meeting or Request Date* 10/5/2020 lc. Primary Contact Phone:* (336)750-0522 Version 1 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form_Submitted.pdf 51.45KB A. Processing Information County (or Counties) where the project is located: Surry Is this a NCDMS Project ✓ Yes (7 NO Is this project a public transportation project?* ✓ Yes 6No la. 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?* ✓ Yes 6' No lb. What type(s) of permit(s) do you wish to seek authorization? [7 Nationwide Permit (NWP) n Regional General Permit (RGP) n Standard (IP) lc. Has the NWP or GP number been verified by the Corps? ✓ Yes 6' No Nationwide Permit (NWP) Number: 27 - Restoration NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 17 401 Water Quality Certification - Regular n Non-404 Jurisdictional General Permit n Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: lf. Is this an after -the -fact permit application?* ✓ Yes r No n 401 Water Quality Certification - Express n Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes (No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes r No Acceptance Letter Attachment lh. Is the project located in any of NC's twenty coastal counties? ✓ Yes (No 1j. Is the project located in a designated trout watershed? ✓ Yes 6" No ✓ Yes 6" No ✓ Yes No B. Applicant Information ld. Who is applying for the permit? I— Owner 17 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* 6. Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Draughon, Alene C (PIN: 4978-00-37-4483) 2b. Deed book and page no.: 00495/0078 2c. Responsible party: 2d. Address Street Address 778 Casstevens Road Address Line 2 Mount Airy Postal / Zip code 27030-8729 2e. Telephone Number: (336)341-6025 2g. Email Address:* jreverhart@triad.mcom 2a. Name(s) on recorded deed: Casstevens, Billy R and Billie S (Pin: 4978-00-27-9478) 2b. Deed book and page no.: 00494/1473 2c. Responsible party: 2d. Address Street Address 835 Casstevens Road Address Line 2 aly Mount Airy Ftstai / Zp Code 27030-9612 2e. Telephone Number: (336)352-4228 2g. Email Address:* jreverhart@triad.rr.com 2a. Name(s) on recorded deed: Casstevens, Homer D and Shirley (Pin: 4978-00-47-0143) 2b. Deed book and page no.: 00519/0728 2c. Responsible party: 2d. Address Street Address 734 Casstevens Road Address Line 2 aly Mount Airy Postal / Lp thde 27030-8729 2e. Telephone Number: (336)401-7533 2g. Email Address:* jreverhart@triad.rr.com 2a. Name(s) on recorded deed: Draughon, Alene C 2b. Deed book and page no.: 00426/0656 2c. Responsible party: 2d. Address Street Address 778 Casstevens Road Address Line 2 Mount Airy Postal / Lp Code 27030 State/ Province/ Region NC Country United States 26. Fax Number: State/ Rovince/ Region NC Country United States 26. Fax Number: State/ Province/ Ragion NC Country United States 2f. Fax Number: State/ Rovince/ Raglan NC Country United States 2e. Telephone Number: 2f. Fax Number: (336)341-6025 2g. Email Address:* jreverhart@triad.mcom 2a. Name(s) on recorded deed: Casstevens, Harold G, Dora M 2b. Deed book and page no.: 00555/0267 2c. Responsible party: 2d. Address Street Address 902 Casstevens Road Address Line 2 aty Mount Airy Ftistal / Zip code 27030 2e. Telephone Number: (336)356-7495 2g. Email Address:* jreverhart@triad.rr.com 3. Applicant Information (if different from owner) 3a. Name: Resource Institute 3b. Business Name: 3c. Address Street Address 2631 Reynolda Road Address Line 2 aly Winston-Salem Fbstal / Stp Code 27106 3d. Telephone Number: (336)750-0522 3f. Email Address:* canderson@resourceinstituteinc.com 4. Agent/Consultant (if applicable) 4a. Name: Erin Bennett 4b. Business Name: Ecosystem Planning and Restoration State/ Rovince/ Region NC Country United States 26. Fax Number: State/ Rovince/ Region NC Country United States 3e. Fax Number: 4c. Address Street Address 1150 SE Maynard Road Address Line 2 Suite 140 State/ Flovince/ Region Cary NC Fbstal / Zip Code Country 27511 United States 4d. Telephone Number: 4e. Fax Number: (919)388-0787 4f. Email Address:* ebennett@eprusa.net * Agent Authorization Letter AgentAuthForms_Signed.pdf 779.97KB C. Project Information and Prior Project History Lf.') 1. Project Information lb. Subdivision name: ()I appropriate) lc. Nearest municipality / town: Mt Airy 2. Project Identification 2a. Property Identification Number: 4978-00-37-4483, 4978-00-27-9478, 4978- 00-47-0143, 4978-00-27-0258, 4978-00-47- 8182 2c. Project Address Street Address 686 Casstevens Road Address Line 2 2b. Property size: 7.5 aly State / ovince / Region Mount Airy NC Postal / Lp Code Country 27030 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Fisher River 3b. Water Resources Classification of nearest receiving water:* WS-II 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401010702 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 project is located on approximately 2,800 linear feet of Hodges Creek which flows into the Fisher River. The proposed project area has been adversely impacted by cattle farming and anthropogenic alterations causing stream bank erosion stream bed degradation. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes 0- No r Unknown 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Fig_2_Hodges_Creek_USGS.pdf 1.18MB 4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Fig_4_Hodges_Creek_Soils.pdf 1.63MB 4f. List the total estimated acreage of all existing wetlands on the property: 0 30 4g. List the total estimated linear feet of all existing streams on the property: 2779 4h. Explain the purpose of the proposed project:* The purpose of this project is to restore approximately 2,800 linear feet of Hodges Creek that has been degraded by bank and stream bed erosion. The project will involve redirecting the channel to restore proper planform geometry, sloping and stabilizing streambanks using toewood and geolifts, and installing in -stream structures to provide stability and bedform diversity. Aquatic habitat will be improved by incorporating these structures. Riparian buffers will be replanted in native woody vegetation. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Tracked excavators will be used to shape stream banks, excavate the floodplain, install in -stream structures, and perform general grading. Skid steers and dump trucks will also be used to move earth and materials. 4j. Please upload project drawings for the proposed project. HC_ALL_SHEETS_11x17.pdf 21.58MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* • Yes r No r Unknown Comments: Not Verified 5b. If the Corps made a jurisdictional determination, what type of determination was made?* ✓ Preliminary r Approved f", Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Amy James Ecosystem Planning and Restoration 5d1. Jurisdictional determination upload Fig_3_Hodges_Creek_Aquatic_Resources.pdf 2.19MB 6. Future Project Plans 6a. Is this a phased project?* T.. Yes 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): I— Wetlands I— Open Waters 3. Stream Impacts 17 Streams -tributaries r- Pond Construction r Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width* 3h. Impact length* SI Restoration Permanent Bank Stabilization Hodges Creek Perennial Both 19 Average (feet) 2,779 (linear feet) S2 Restoration Permanent Bank Stabilization UT 1 to Hodges Creek Perennial Both 6 Average (feet) 35 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 2,814 3i. Total stream and ditch impacts: 37 3j. Comments: 3i. Total temporary stream impacts: 0 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: Restoration and bank stabilization techniques WM follow natural channel design principles. Native material and vegetation will be used for construction. Work will be performed in the dry as a pump around operation will be used. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Stream crossings ilI be constructed and maintained to avoid further eroding banks during and after construction. A pump around operation will be used to ensure that work is performed in the dry. 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? ✓ Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Compensatory mitigation is not required for stream restoration projects. F. Stormwater Management and Diffuse Flow Plan (required by DWR) Lf_) 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? ✓ Yes a No If no, explain why: Surry County is not located in an area with Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes a No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? <7 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?* ( Yes CNo lb. 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)?* ✓ Yes a No Comments:* Applicable databases were searched and any results have been included. 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)?* ✓ yes(No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* ✓ Yes a No 3b. If you answered "no," provide a short narrative description. The project vvill not result in additional development after construction is completed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ✓ Yes No r 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?* ( Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* ( Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* ✓ Yes a No r Unknown 5e. Is this a DOT project located within Division's 1-8? ✓ Yes a No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? (1, Yes r No 5g. Does this project involve bridge maintenance or removal? ✓ Yes a No 5h. Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes a 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.? ✓ Yes a No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC NHP report (accessed August 10, 2020) USFWS IPaC (accessed August 7, 2020) Consultation Documentation Upload NCNHP Report_Hodges Creek 08102020.pdf Species List_ Asheville Ecological Services Field Office.pdf 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes a No 827.84KB 411.65KB 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?* ✓ Yes (No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC State Historic Preservation Office HPOWEB (attached) 7c. Historic or Prehistoric Information Upload Hodges Creek_HP0 Map.pdf Hodges Creek HP0 Resources pdf 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* ✓ Yes a No 8c. What source(s) did you use to make the floodplain determination?* National Flood Hazard Layer FIRMette Miscellaneous Comments Miscellaneous attachments not previously requested. HodgesCreekRiverRestoration_HodgesCreek_Surry_WRCComments.pdf 20-422 Hodges Creek Restoration; Surry Co (KQ-BH).pdf Fig_1_Hodges_Creek_Vicinity.pdf Hodges Creek_Property.pdf Hodges Creek Trib DWR Stream Form.pdf PhotoLog.pdf Hodges Creek Wetland Delineation_20200811.pdf 296.88KB 58.08KB 33.28KB 438.52KB 1.04MB 2.63MB 382.75KB 1.1MB 1.04MB Signature f7 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"); • 1 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: Erin Bennett Signature Sem, OweAz- Date 4/19/2021 497800279496 / CASSTEVENS BILLY R 497800270258 CASSTEVENS HAROLD G misi mak Legend Project Area Existing Stream Centerline Pa rcels 497800374483 DRAUGHON ALENE CASSTEVENS 497800470143 CA STEVENS HOMER DARR `1..-Jralit: : • 497800478182 DRAUGHON ALENE CASSTEVENS \ SHELV 200 100 0 200 Feet PARCEL MAP HODGES CREEK RESTORATION PROJECT MULTIPLE PROPERTY OWNERS PREPARED FOR: RESOURCE INSEL1UTE 4 \ RCS Natural Resources Conservation Service SURRY COUNTY, NORTH CAROLINA PREPARED BY: ECOSYSTEM PLANNING 8c RESTORATION DATE: APRIL 2021 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. NA PLAN NO. NA PARCEL ID: 497800374483 and 497800478182 STREET ADDRESS: 778 Casstevens Road Mount Airy NC, 27030 Please print: Property Owner: Alene Draughon Casstevens -"-Th Property Owner: _,' — I.A.,"-Li TheZ undersigned, regi ered property owner(s) of the above noted property, do hereby authorize Erin Bennett , of Ecosystem Planninz and Restoration (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Same Telephone: 3S1— s„14/ 6 .&...s/ We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. .e 62441) .1-'1LniuIJ Au horized Signature Authorized Signature Date: - 0- 1 Date: AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. NA PLAN NO. NA PARCEL ID: 497800279478 STREET ADDRESS: 835 Casstevens Road Please print: Property Owner: Mount Airy NC, 27030 Billy R Casstevens Property Owner: Billie Sue Casstevens The undersigned, registered property owner(s) of the above noted property, do hereby authorize Erin Bennett of Ecosystem Planning,. and Restoration (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Same Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. do4J-1-,et Authorized Signature Date: //2.2/2/ diet, NALitair-9 Authorized Signature Date: AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. NA PLAN NO. NA PARCEL ID: 497800470143 STREET ADDRESS: 734 Casstevens Road Please print: Property Owner: Mount Airy NC, 27030 Homer Darrell Casstevens Property Owner: Shirley Casstevens The undersigned, registered property owner(s) of the above noted property, do hereby authorize Erin Bennett , of Ecosystem Plannin2 and Restoration (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Same Telephone: 336-401-7533 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. 110-1)12/1- itotta-L.,"‘ Authorized Signature Date: ki-is AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. NA PLAN NO. NA PARCEL ID: 497800270258 STREET ADDRESS: 902 Casstevens Road Mount Airy NC, 27030 Please print: Property Owner: Harold G Casstevens Property Owner: Dora May Casstevens The undersigned, registered property owner(s) of the above noted property, do hereby authorize Erin Bennett r of Ecosystem Plannin2 and Restoration (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Same Telephone: 034 - w5--- We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. , Aut (rized Signature Date: Authorized Signature Date: 17,25/2(2)2 ( HODGES CREEK STREAM RESTORATION JULY 2020 SURRY COUNTY, NORTH CAROLINA HODGES CREEK BANK EROSION AND DOWNED TREES IN THE REACH CATTLE HAVE ACCESS TO THE STREAM BANK EROSION IN THE REACH BANK EROSION IN THE REACH 1 HODGES CREEK STREAM RESTORATION JULY 2020 SURRY COUNTY, NORTH CAROLINA TRIBUTARY TO HODGES CREEK - UT 1 PERRENIAL TRIBUTARY TO HODGES CREEK PERRENIAL TRIBUTARY TO HODGES CREEK 2 7,7 4/ r‘T. Woitz hod,‘''s1k6 is. a, 1 5 t 5, 'i '' o„c,1 lt- * Project Location Stream Centerline Project Area NORTH CAROLINA PROJECT LOCATION .,-----0:\cAQ-TH.-1 1-11•-! •'-,J,--7<:??.-7.--`, (21S-172-,---<' -7?; •.-":',.. ( \ '1__ :1:>''''--7-r---r'V%--f'''. j --'‘).i, 1Y-^:1-"--C.% '4- '-i V --''' Nri,% Casstevens Traik 5, Hystack 44J'0thok Rd PROJECT LOCATION SURRY COUNTY, NC 1-77 +1k74 PROJEZ_L:, CATION irr tra witt •z? John USGS, Intermap, increment P Corp., NRCAN, na (Hong Kong), Esri (Thailand), Mapmylndia, rs, and the GIS User Community 0 1,000 2,000 4,000 Feet HODGES CREEK RESTORATION PROJECT VICINITY MAP RESOU KCF INSTITUTE ECOSYSTEM PLANNING a RESTORATION 1 inch = 2,000 feet FIGURE 1 SURRY COUNTY, NC PREPARED BY: EPR DATE: APRIL 2021 * Project Location Project Area Stream Centerline Mt. Airy Quadrangle North Carolina - Surry County 7.5-Minute Series 0 500 1,000 2,000 Feet CASSTEVENS RD USGS The National Map: National Boundaries Dataset, Na ionhal Elevation Dataset, Geographic Names Information System, National ycirography Dataset, National Land Cover Database, National Structures yataset, and National Transportation Dataset; U.S. Census Bureau - TIER/Line; HERE Road Data. Data Refreshed July, 2017. HODGES CREEK RESTORATION PROJECT USGS MAP RESOURCE INSTITUTE ECOSYSTEM PLANNING 8c RESTORATION 1 inch = 1,000 feet FIGURE 2 SURRY COUNTY, NC PREPARED BY: EPR DATE: APRIL 2021 Project Area Existing Stream Centerline Delineated Wetlands 175 350 1 inch = 350 feet 700 Feet FIGURE 3 HODGES CREEK STREAM RESTORATION PROJECT AQUATIC RESOURCES MAP SURRY COUNTY, NC RESOURCE INSTITUTE PREPARED BY: EPR ECOSYSTEM PLANNING 8c RESTORATION DAT E: APRIL 2021 Soils Project Area ArA-Arkaqua loam, 0 to 2% slopes, frequently flooded BbB-Braddock fine sandy loam, 2 to 8% slopes BbC-Braddock fine sandy loam, 8 to 15% slopes DeF-Devotion-Rhodiss-Bannertown complex, 40 to 95% slopes, very rocky DrB-Dillard fine sandy loam, 2 to 8% slopes, rarely flooded FfD-Fairview cobbly fine sandy loam, 15 to 25% slopes, stony FnB2-Fairview cobbly sandy clay loam, 2 to 8% slopes, moderately eroded, stony FnB2-Fairview cobbly sandy clay loam, 8 to 15% slopes, moderately eroded, stony FtE-Fairview-Stott Knob complex, 25 to 45% SLOPES, STONY Water 1 Ilatibited la-thlkig, 0 175 350 700 Feet HODGES CREEK STREAM RESTORATION PROJECT SOILS MAP RESOURCE INSTITUTE ECOSYSTEM PLANNING 8c RESTORATION 1 inch = 350 feet FIGURE 4 SURRY COUNTY, NC PREPARED EPR BY: DATE: APRIL 2021 NCHPO HPOWEB 12/21/2020, 10:09:08 AM = SurveyArea Local districts & boundaries Local individual resources & centerpoints Local Landmark ' Local Landmark, Gone Local HD Center Point Surveyed Only individual resources & centerpoints Surveyed Only Surveyed in NRHD Surveyed Only, Gone Surveyed in NRHD, Gone Blockface- Multiple properties Blockface in NRHD Surveyed Area, No designation Surveyed Area in NHRD DOE districts & boundaries = Determined Eligible Boundary = Both DOE and Study List Boundary DOE individual resources & centerpoints ' Determined Eligible DOE, Gone SL and DOE ' SL and DOE, Gone DOEHD Center Point SLDOEHD Center Point SL districts & boundaries = Study List Boundary = Both SL and Determined Eligible Boundary SL individual resources & centerpoints SL Individual Entry SL and DOE entry ' Study List Entry, Gone SL and DOE, Gone SLHD Center Point SLDOEHD Center Point NR districts & boundaries National Register Boundary 1:9,028 0 0.07 0.15 I i i 0 0.13 0.25 0.3 nni . 1 0.5 km State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, Intermap, NGA, USGS North Carolina State Historic Preservation Office State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, Intermap, NGA, USGS 1 Esri, HERE 1 OBJECTID Id Site ID Status Local Statu HD status Site Name Descriptior Notes Internal 125504 0 SR0511 SO None None Franklin Pr Church 125505 0 SR0513 SO None None C. W. Snov Log 142443 0 SR0506 SO None None Smith Hou. 1-house 142466 0 SR0512 SD None None William Tu Plain/Trad Year NR Year SL Year DOE Year Landr Year Surve NR nominz DOE Repor County Quad Nam Township 1981 Surry Bottom Franklin 1981 Surry Bottom Dobson 1981 Surry Bottom Stewarts C 1981 Surry Bottom Franklin Density Location Photo Link Spatial Acc Latitude Longitude Year Surve x S side SR 1331, W of jct SR 1404 E 36.45712 -80.7732 -8991629 4363706 E side SR 1405, 0.3 mi SE jct SR 1z 36.44165 -80.7859 -8993046 4361564 S side SR 1403, 0.8 mi W jct SR 12 36.4648 -80.7831 -8992731 4364767 SW side SR 1405, 0.9 mi S of jct S 36.44607 -80.8077 -8995468 4362176 • ENE In. • NC DEPARTMENT OF •• • Num NATURAL AND CULTURAL RESOURCES • Now Amy James Ecosystem Planning and Restoration 1150 SE Maynard Rd. Suite 140 Cary, NC 27511 RE: Hodges Creek Stream Restoration Dear Amy James: Roy Cooper. Governor Susi Hamilton, Secretary Walter Clark, Director, Land and Water Stewardship August 10, 2020 NCNHDE-12646 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary, or within a one -mile radius of the project boundary. Please note that although there may be no documentation of natural heritage elements within or near the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Please also note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may also not be redistributed without permission. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdchgov or 919.707.8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NAT uRAL AND CuLTuRAL RESOvRCES C) 121 W. JONES STREET. RALEIGH. NC 27603 • 161 rviAIL SERVICE CENTER. RALEIGH. NC 2769g OFC 'M9.707.91120 • FAX 919.707.9121 NCNHDE-12646: Hodges Creek Stream Restoration 0,0 +E ed' .onu Ijigrj August 10, 2020 ▪ Project Boundary O Buffered Project Boundary 1:21,923 0 0.175 0.35 0.7 mi 0 0.3 0.6 1.2 km Sources, Esri, HERE, Garmin, Intermap, increment P Corp_, GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 2 of 2 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.govinc-esies/countyfr.html In Reply Refer To: Consultation Code: 04EN1000-2020-SLI-0813 Event Code: 04EN1000-2020-E-01915 Project Name: Hodges Creek Stream Restoration August 07, 2020 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 08/07/2020 Event Code: 04EN1000-2020-E-01915 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:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; 08/07/2020 Event Code: 04EN1000-2020-E-01915 3 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 08/07/2020 Event Code: 04EN1000-2020-E-01915 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 08/07/2020 Event Code: 04EN1000-2020-E-01915 2 Project Summary Consultation Code: 04EN1000-2020-SLI-0813 Event Code: 04EN1000-2020-E-01915 Project Name: Hodges Creek Stream Restoration Project Type: AGRICULTURE Project Description: This project is being implemented through the Western NC Stream Initiative program. The proposed project area has been adversely impacted by cattle farming and anthropogenic alterations. The Hodges Creek Stream Restoration Project will restore approximately 2,800 linear feet of degraded stream. NRCS practice codes that will be utilized include 584 Structural, 580 Bank Stabilization, 395 Habitat, 578 Crossing, and 612 Riparian Buffer. In -stream structures will be installed to protect stream bed and banks and to improve aquatic habitat. Riparian buffers will be replanted in native woody vegetation. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/36.450731672358216N80.78991773691584W cogileVe 11Ji Aro Counties: Surry, NC 08/07/2020 Event Code: 04EN1000-2020-E-01915 3 Endangered Species Act Species There is a total of 4 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 Fisheriesl, 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 Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Reptiles NAME STATUS Bog Turtle Clemmys muhlenbergii Population: U.S.A. (GA, NC, SC, TN, VA) No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6962 Similarity of Appearance (Threatened) 08/07/2020 Event Code: 04EN1000-2020-E-01915 4 Flowering Plants NAM L._ STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.goviecp/species/3849 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICES JURISDICTION. 08/07/2020 Event Code: 04EN1000-2020-E-01915 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Actl 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 Eastern Whip -poor -will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Aug 20 Breeds May 10 to Aug 31 08/07/2020 Event Code: 04EN1000-2020-E-01915 2 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 ( ) 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 (I) 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 08/07/2020 Event Code: 04EN1000-2020-E-01915 3 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. • probability of presence breeding season 1 survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Eastern Whip -poor - will BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) ---- ---- ---- -Till 1111 1111 1111 ---- ---- ---- ---- 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. 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. 08/07/2020 Event Code: 04EN1000-2020-E-01915 4 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 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). 08/07/2020 Event Code: 04EN1000-2020-E-01915 5 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 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. 08/07/2020 Event Code: 04EN1000-2020-E-01915 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. RIVERINE • R4SBC • R5UBH North Carolina Wildlife Resources Commission Gordon Myers, Executive Director September 3, 2020 Erin Bennett Ecosystem Planning and Restoration 1150 S.E. Maynard Road, Suite 140 Cary, NC 27511 SUBJECT: UT Little Fisher River Restoration Project Dear Ms. Bennett: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) received your August 14, 2020 letter regarding plans for a stream restoration project on unnamed tributaries to the Fisher River in Surry County. You requested review and comment on the project. Our comments on this project are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Details were not provided in the letter on design nor the size of the project. This project should not impact wild trout resources. We recommend that riparian buffers that are to be reestablished be as wide as possible, given site constraints and landowner needs. NCWRC generally recommends a woody buffer of 100 feet on perennial streams to maximize the benefits of buffers, including bank stability, stream shading, treatment of overland runoff, and wildlife habitat. Thank you for the opportunity to review and comment on this project. Please contact me at (828) 400-4223 if you have any questions about these comments. Sincerely, Andrea Leslie Mountain Region Coordinator Habitat Conservation Program Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 September 9, 2020 Erin Bennett System Planning and Restoration, LLC 1150 S.E. Maynard Road, Suite 140 Cary NC 27511 Dear Erin Bennett: Subject: Hodges Creek Restoration; Surry County, North Carolina Log No. 4-2-20-422 FISH &WILDLIFE SERVICE The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence received on August 18, 2020, dated August 14, 2020, for the project referenced above wherein you solicit comments regarding potential impacts to federally protected species to satisfy nationwide permit application requirements. 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). Proj ect Description According to the information provided, the proposed project involves restoration and enhancement of an unnamed tributary which connects with Fisher River in Mount Airy, North Carolina. Design plans and descriptions of proposed impact minimization measures were not provided in your correspondence. Onsite habitats (instream and riparian) are highly disturbed due to a legacy of agricultural land use. Surrounding land cover is dominated by forest, agricultural and residential developments. Federally Listed Endangered and Threatened Species Suitable summer roosting habitat may be present in the project area for the northern long-eared bat (Myotis Septentrionalis). However, the final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project (which may or may not require tree clearing) would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. Although not required, we encourage you to avoid any associated tree clearing activities during this animal's maternity roosting season from May 15 — August 15. Based on the information provided, suitable habitat does not occur onsite for any other federally protected species. Therefore, we would not object to a "no effect" determination from the appropriate action agency, and we require no further information at this time. Please be aware that obligations under section 7 of the Endangered Species 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 comments in the interest of protecting this species and other natural resources: Erosion and Sediment Control Measures to control sediment and erosion should be installed before any ground -disturbing activities occur. Grading and backfilling should be minimized, and existing native vegetation should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be revegetated with native grass and tree species as soon as the project is completed. Ground disturbance should be limited to what will be stabilized quickly, preferably by the end of the workday. Natural fiber matting (coir) should be used for erosion confrol as synthetic netting can trap animals and persist in the environment beyond its intended purpose. 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 offer the following recommendations for the Applicant's consideration: 1. 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. 2. Only the absolute minimum amount of work should be done within stream channels to accomplish necessary reconstruction. Restoration plans should account for the constraints of the site and the opportunities to improve stream pattern, dimension, and profile with minimal disturbance. 2 3. 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. 4. 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 should be used to prevent excavation in flowing water. These diversion structures should be removed as soon as the work area is stable. 5. 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. 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. 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 Byron Hamstead@fws.gov, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-20-422. Sincerely, Digitally signed by JANET JANET MIZZI ""' Date: 2020.09.09 13:57:17 -0400' Janet Mizzi Field Supervisor 3 NC DWO Stream Identification Form Version 4.11 _ Date: 2 li /7_0 Project/Site: „76r-ce H5].. Latitude: Evaluator: t.i1-77)1104,- (F-7(2- County: so ir. Longitude: - So , 1,64 ;.5 Total Points: Stream is at least intermittent * if 19 or perennial if 30co Stream Determination (cJiLa..on Ephemeral Interrnitten Perennia Other e.g. Quin:Mame: A. Geomorphology (Subtotal = Absent Weak Moderate Strong 1'. Continuity of channel bed and bank 0 1 2 -3) 2. Sinuosity of channel along thalweg 0 1 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 4. Particle size ofstream substrate 0 1 2 (3-7 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 C--, 3 7. Recent alluvial deposits (6)._ 1 2 3 8. Headcuts 0 s- 1) 2 3 9. Grade control :0) 0.5 1 1.5 10. Natural valley 0 -'-'- 0.5 ' 1 1.5 11. Second or greater order channel No Yes = 3 - B. H dmio Subtotal = 12. Presence of Baseflow 0 1 2 ,- 77- '3 13. Iron oxidizing bacteria 0 (171 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5) 1 . 1.5 17. Soil -based evidence of high water.table? No = 0 Yes = 3 C. Biolo Subtotal = 18. Fibrous roots in streambed 3 ; 2 1 0 19. Rooted upland plants in streambed '5) 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 T. 3 21. Aquatic Mollusks 0 2 3 22. Fish 0 B 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: Sketch: _ - . . , ` . r-i-a-i( ep 1 / DWR Pre -Filing Meeting Request Form Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Erin Bennett ebennett@eprusa.net Charles Anderson Hodges Creek Restoration Project Surry Street Address 2631 Reynolda Road Address Line 2 Suite A City State / Rovince / Region Winston-Salen NC Fbstal / Zip Code Country 27106 Forsyth Is this a transportation project?* r Yes f' No Type(s) of approval sought from the DWR: rJ 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* (' Yes c: No Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below.* Hodge Creek Restoration Project is being implemented through the Western NC Stream Initiative program. The Project is located west of 1-77 and accessed via Casstevens Road in Surry County, North Carolina at 36° 27' 01.15" N and 80° 47' 10.95" W. The proposed project aims to address erosion and sedimentation issues and improve habitat in Hodges Creek. Stream restoration and enhancement will be conducted and will include bank sloping, in -stream structure installation, bioengineering, and riparian buffer planting. NRCS practice codes that will be utilized include 584 Structural, 580 Bank Stabilization, 395 Habitat, 578 Crossing, and 612 Riparian Buffer. Please give a couple of dates you are available for a meeting. 10/13/2020 10/14/2020 10/15/2020 10/16/2020 10/20/2020 Please attach the documentation you would like to have the meeting about. Fig_1 _Hodges_Creek_Vicin ity.pdf Fig_2_Hodges_Creek_USGS.pdf pdf only 1.03MB 1.18MB 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. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • !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 10/5/2020