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HomeMy WebLinkAbout20220359 Ver 1_ePCN Application_20220304DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) December 6, 2021 Ver 4.2 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* 20220359 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 Information for Initial Review 1a. Name of project: Hombs Streambank Stabilization 1a. Who is the Primary Contact?* Kim Hombs 1 b. Primary Contact Email:* naturalanimal202O@gmail.com Date Submitted 3/4/2022 Nearest Body of Water Watauga River Basin Watauga Water Classification B, Tr; HOW Site Coordinates Latitude: 36.211474 A. Processing Information County (or Counties) where the project is located: Watauga Is this a NCDMS Project Yes No Longitude: -81.771931 Is this project a public transportation project?* Yes No 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Version# * 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood 1c. Primary Contact Phone:* (704)408-7216 Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 13 - Bank Stabilization NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 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: 1f. Is this an after -the -fact permit application?* Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. 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 No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Jin Yu Bamboo, LLC. 2b. Deed book and page no.: Book 1825, Page 598; Book 1816, Page 309 2c. Contact Person: Kim Hombs 2d.Address Street Address 185 Joe Pye Ln Address Line 2 City Banner Elk Postal / Zip Code 28604 2e. Telephone Number: (704)408-7216 2g. Email Address: naturalanimal202O@gmail.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA 2f. Fax Number: Yes No Yes No U 4. Agent/Consultant (if applicable) 4a. Name: Carrie Caviness, PhD 4b. Business Name: Interface Environmental Consulting, LLC. 4c.Address Street Address 476 Hidden Pond Rd Address Line 2 City Boone Postal / Zip Code 28607 4d. Telephone Number: (919)656-4543 4f. Email Address:" carrie.caviness.1@gmail.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Valle Crucis; Banner Elk 2. Project Identification State / Province / Region NC Country USA 4e. Fax Number 2a. Property Identification Number: 2b. Property size: 1980273527000 5 2c. Project Address Street Address 185 Joe Pye Ln Address Line 2 City State / Province / Region Banner Elk NC Postal / Zip Code Country 28604 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Watauga River 3b. Water Resources Classification of nearest receiving water:* B; Tr; HQW 3c. What river basin(s) is your project located in?* Watauga 3d. Please provide the 12-digit HUC in which the project is located. 060101030303 Dutch Creek - Watauga River 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 Site is located along Joe Pye Lane (PIN 1980273527000) in the community of Valle Crucis (Watauga County). The south/southwestern Property boundary abuts the main stem of the Watauga River, flowing generally southeast to northwest in this area. The Property boundary occupies — 210 linear feet (If) along "river right' (facing downstream). Private residences, pasture, and undeveloped forest make up the primary landuses in the general vicinity. (See PCN Site Map and USGS Location Map) The streambanks along the river are severely eroded due to incision and thus disconnected from a functioning floodplain along river right. Tremendous sediment export and land loss has accompanied this erosion in recent years. Though several trees are present along the eroded streambank, a functioning forested buffer is lacking. This project proposes streambank stabilization and floodplain restoration along streambanks at the Hombs Property. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown u 4f. List the total estimated acreage of all existing wetlands on the property: none 4g. List the total estimated linear feet of all existing streams on the property: 200 4h. Explain the purpose of the proposed project: * The purpose of the project is to stabilize eroding streambanks via structures, sloping/benching, and forested buffer restoration. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Toewood with boulder stabilization is proposed at the water's edge for —173 If; this provides stabilization against sheer stress as well as in -stream habitat along the thalweg in this river bend. This will be used for —115 If upstream of existing access stairs and —58 If downstream. A bioengineering technique known as brush mattressing will also be installed just downstream of the existing access stairs to stabilize streamside areas. Sloping and benching is proposed along —210 If behind all proposed structures as well as the existing access stairs. Finally, a forested riparian buffer, generally 50 ft in width, is proposed along —210 If of streambank. This planting design includes two zones, one which occupies streamside and floodplain bench areas and the other located along slopes that daylight from the bench to the existing pasture. Zones include plantings in all strata; tree, shrub, herbaceous. (See Project Planset) A trachoe will be used to install structures and excavate dirt to be relocated to another parcel of adjoining property owned by Ms. Hombs. A skid steer and dump truck will be used for movement of materials. Excavated material will be used to construct a large linear planting bed for restoration of native meadow and wildflower vegetation. 5. Jurisdictional Determinations Sa. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Carrie Caviness, PhD Agency/Consultant Company: Interface Environmental Consulting, LLC. Other: 6. Future Project Plans 6a. Is this a phased project?* 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 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* ?) 3f. Type of Jurisdiction* 3g. S. width* 3h. Impact length* S7 Bank Stabilization Permanent Bank Stabilization Watauga River Perennial Both 72 Average(feet) 210 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 210 31. Total stream and ditch impacts: 210 3j. Comments: 3i. Total temporary stream impacts: 0 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Proposed measures will improve in -stream, streamside, and floodplain habitat along the main stem of the Watauga River (B; Tr; HQW). 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A construction entrance will be installed at the entrance to the property from Joe Pye Ln to enable movement of boulders and rootwads to the project site. This entrance will also protect the property and road shoulder from the construction and landscape crew vehicles. Toewood/boulder structures are proposed at the EOW, however construction techniques will be used to minimize sediment movement downstream. A berm at the EOW will be left in place while tooter logs and trenching are established. This berm will be eliminated only when the top toewood log is to be placed for burial via boulders, geotextile, cobble/soil, and coir matting. The contractor will be restricted to working in 20-25' lengths during installation and all disturbed soils will be covered in coir matting at the end of each working day. IEC will provide construction oversight through the project's entirety. The landscaper will visit the site at the end of each week to roll back coir matting, hydroseed with tacked temporary and permanent seeding/amendments, and affix matting with staples (See Sheet L2). The landscaper will also hydroseed, rake, and straw any disturbed soils at the meadow restoration, thus disturbed areas will be stabilized within <7 days at all areas outside of the buffer. 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: Impacts related to Natural Channel Design techniques used for restoration and bank stabilization do not require compensatory mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: NC Riparian Buffer Rules are not pertinent in the Watauga River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes 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 No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered "no," provide a short narrative description. The project does not increase access to undeveloped areas or increase existing access for nearby development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A u U 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 No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No Unknown 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 No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPAC; Documentation is attached to this application. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? NOAA Essential Fish 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?* NCSHPO Letter is attached. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: A proposed project is located in the Floodway of the Watauga River. The proposed project is anticipated to cause no increase in flood elevation. A no - Rise Certification will be prepared and submitted by Warren Consulting & Design (Civil Engineer) to the Town of Boone floodplain administrator. 8c. What source(s) did you use to make the floodplain determination?* NC FRIS Map No.3710198000J Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Hombs Streambank Stabilization Permitting Package_03.04.2022.pdf 7.37MB File must be PDF or KMZ Comments Signature * By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Carrie Caviness, PhD Signature Date 3/4/2022 January 10th, 2022 RE: Hombs Streambank Stabilization – NW13/GC4134 Good afternoon- A 404/401 application for written approval is being submitted for the proposed Hombs Streambank Stabilization in Watauga County. Impacts include ~210 linear feet of streambank stabilization and floodplain/riparian buffer restoration. The following materials are included in this permit application: • Agent Authorization • USGS Topo Map with Project Location • Permitting Planset • Photosheets • USFWS IPAC • NCSHPO Scoping Response If you have any questions, please don’t hesitate to email or call. Sincerely, Carrie Caviness, PhD Interface Environmental Consulting, LLC. cc: Ms. Andrea Leslie, NC WRC AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO_ IVA PLAN NO. NIA PARCEL MN: 1980273527000 STREET ADDRESS: 135 Joe Pve In Banner Elk, NC 28604 Property Owner. Jin Yu Bamboo, LLC. cLo Kim Hombs The undersigned. registered property owners of the above noted property, do hereby authorize Carrie Caviness. PhD , of Interface Environmental Consulting, LLC (Contractor/Agent) (Consulting Firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification, and all standard and special conditions attached. Property Owner's Address (if different than property above): I L. 3a3 Farn1 Ca C0142r ' 4et_o— NC 2�oz Telephone: (704) 408-7216 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. F `jec Authorized Sign ute: Date: Sheet csCOVER SHEET & LOCATION MAPLOCATION MAP 1:200,000 SHEET INDEX COVER SITE PLAN C-1 CROSS-SECTIONS C-2 RESTORATION DETAILS D-1 ESC DETAILS E-1 BASIS OF BEARING AND ELEVATION ELEVATION AND BEARING IS FROM A SURVEY PERFORMED BY RALPH DAUGHTRY, PLS. (L-4155) ON 11/09/2021 and XX/XX/2022. ELEVATION IS RELATIVE TO NAVD83.CHECKED BY:DRAWN BY:DATE:03/04/2022MCCNo.DATEBYREVISIONS1.XXXXSITE & CONSTRUCTION DOCUMENTS PREPARED FOR: Jin Yu Bamboo, LLC. 185 Joe Pye Ln Banner Elk, NC 28604 HOMBS STREAMBANK STABILIZATION 185 Joe Pye Ln. Banner Elk, NC 28604 Jin Yu Bamboo, LLC.BANNER ELK, NORTH CAROLINAHombs Streambank StabilizationPROJECT DIRECTORY OWNER/DEVELOPER Jin Yu Bamboo, LLC. 185 Joe Pye Ln Banner Elk, NC 28604 704-408-7216 Contact: Kim Hombs Civil Engineer Warren Consulting and Design, PLLC. 850 9th Ave NW Hickory, NC 28601 828-493-6988 Contact: Patrick Warren Environmental Consulting Interface Environmental Consulting, LLC. 476 Hidden Pond Rd Boone, NC 28607 919-656-4543 Contact: Carrie Caviness 24 HOUR CONTACT: Carrie Caviness Phone: 919-656-4543 Documents Prepared By: Interface Environmental Consulting, LLC. Not For Construction X 1 X 2 X3 SheetC-1STABILIZATION PLAN CHECKED BY: DRAWN BY: DATE: 03/04/2022 MCC No.DATE BYREVISIONS 1.XX XX Jin Yu Bamboo, LLC. BANNER ELK, NORTH CAROLINA Hombs Streambank StabilizationFeet02040Not For ConstructionPJW SheetC-2STABILIZATION PLAN-XSEC & ATTRIBUTES CHECKED BY: DRAWN BY: DATE: 03/04/2022 MCC No.DATE BYREVISIONS 1.XX XX Jin Yu Bamboo, LLC. BANNER ELK, NORTH CAROLINA Hombs Streambank Stabilization Not For ConstructionPJW A A 5(029(A1<8167A%/(:22'<'(%5,6A1'35(6(59(:(//5227('9(*(7A7,21SheetD-1STABILIZATION PLAN-DETAILS CHECKED BY: DRAWN BY: DATE: 03/04/2022 MCC No.DATE BYREVISIONS 1.XX XX Jin Yu Bamboo, LLC. BANNER ELK, NORTH CAROLINA Hombs Streambank Stabilization Not For ConstructionPJW ICLCMDPASASAPALCRFPDCVHACVRFSheetL-1LANDSCAPE PLAN CHECKED BY: DRAWN BY: DATE: 03/04/2022 MCC No.DATE BYREVISIONS 1.XX XX Jin Yu Bamboo, LLC. BANNER ELK, NORTH CAROLINA Hombs Streambank StabilizationFeet01632NOT FOR CONSTRUCTION.FOR REVIEW PURPOSES ONLY.Not For ConstructionPJW SheetL-1LANDSCAPE PLAN CHECKED BY: DRAWN BY: DATE: 03/04/2022 MCC No.DATE BYREVISIONS 1.XX XX Jin Yu Bamboo, LLC. BANNER ELK, NORTH CAROLINA Hombs Streambank Stabilization 1.Prepare soil before installing rolled erosioncontrol products (RECPs), including anynecessary application of lime, fertilizer, andseed. Ground surface must be free of debris,rocks, clay clods and raked smooth sufficient toallow intimate contact of the RECP with the soilover the entirety of the installation.2.Begin at the top of the slope by anchoring theRECPs in a 6" (15 cm) deep X 6" (15 cm) widetrench. Anchor the RECPs with a row ofstaples/stakes/pins spaced at ST apart in thebottom of the trench. Backfill and compact thetrench after stapling and fold the roll overdownslope. Secure RECPs over compactedsoil with a row of staples/stakes/pins spacedat ST apart across the width of the RECPs.3.Roll the RECPs (A) down or (B) horizontallyacross the slope. RECPs will unroll withappropriate side against the soil surface. AllRECPs must be securely fastened to soil surfaceby placing staples/stakes/pins in appropriatelocations as shown in the staple pattern guide.Consecutive RECPs spliced down the slopemust overlapped with the upstream mat atopthe downstream mat (shingle style). At theterminal end, secure each mat across the widthwith a row of staples/stakes/pins.4.Fasteners should provide a minimum of twentypounds of pullout resistance. Six-inch (10 cm)X one-inch (2.5 cm) eleven gauge staples aretypically adequate. In loose soils, longerstaples may be necessary, twist pins canprovide the greatest pullout resistance. .3B42513A4"- 6"(10 - 15cm)6"(15 cm)12" (30 cm)4"- 6"(10 - 15cm)Instructions612" (30 cm)6"(15 cm)6" (15 cm)NOT FOR CONSTRUCTION.FOR REVIEW PURPOSES ONLY.Not For ConstructionPJW PROJECT SITE PHOTOSHEETS Hombs Streambank Stabilization Joe Pye Lane Valle Crucis Community (Watauga Co.) Sheet 1 •The proposed Project Site is located along “river-right” of the Watauga River for approximately 200 linear ft (lft). •River “incision” has led to disconnection between the river and its adjacent river right floodplain. •This incision coupled with a lack of mature riparian vegetation has led to accelerated streambank erosion at the Project Site. Looking downstream from adjacent Property at the Project Site (river right). Eroding river right streambanks at ~ STA 0+00 –0+60. Project site begins downstream of existing boulder toe wall. Sheet 2 Eroding river right streambanks at ~ STA 0+70 –1+65. An existing river access will be preserved but modified via floodplain benching. Sheet 3 ▪ January 31, 2022 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: Project code: 2022-0000742 Project Name: Hombs Streambank Stabilization Subject:Consistency letter for the 'Hombs Streambank Stabilization' project indicating that any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Dear Carrie Caviness: The U.S. Fish and Wildlife Service (Service) received on January 31, 2022 your effects determination for the 'Hombs Streambank Stabilization' (the Action) using the northern long- eared bat (Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC) system. You indicated that no Federal agencies are involved in funding or authorizing this Action. This IPaC key assists users in determining whether a non-Federal action may cause “take”[1] of the northern long-eared bat that is prohibited under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.). Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Please report to our office any changes to the information about the Action that you entered into IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick northern long-eared bats that are found during Action implementation. If your Action proceeds as described and no additional information about the Action’s effects on species protected under the ESA becomes available, no further coordination with the Service is required with respect to the northern long-eared bat. The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA-protected species that also may occur in your Action area: Bog Turtle Glyptemys muhlenbergii Similarity of Appearance (Threatened) 01/31/2022 IPaC Record Locator: 409-109286136   2    ▪ ▪ ▪ ▪ Gray Bat Myotis grisescens Endangered Heller's Blazingstar Liatris helleri Threatened Monarch Butterfly Danaus plexippus Candidate Virginia Big-eared Bat Corynorhinus (=Plecotus) townsendii virginianus Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. ________________________________________________ [1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct [ESA Section 3(19)]. 01/31/2022 IPaC Record Locator: 409-109286136   3    Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Hombs Streambank Stabilization 2. Description The following description was provided for the project 'Hombs Streambank Stabilization': The project will include streambank stabilization activities for ~170 feet along the Watauga River. The project will be constructed after April 15th of 2022. Approximate location of the project can be viewed in Google Maps: https://www.google.com/ maps/@36.211506650000004,-81.77185166432798,14z Determination Key Result This non-Federal Action may affect the northern long-eared bat; however, any take of this species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR §17.40(o). Determination Key Description: Northern Long-eared Bat 4(d) Rule This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision. This key is intended for actions that may affect the threatened northern long-eared bat. The purpose of the key for non-Federal actions is to assist determinations as to whether proposed actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule. If a non-Federal action may cause prohibited take of northern long-eared bats or other ESA-listed animal species, we recommend that you coordinate with the Service. 01/31/2022 IPaC Record Locator: 409-109286136   4    1. 2. 3. 4. 5. 6. 7. 8. Determination Key Result Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Qualification Interview Is the action authorized, funded, or being carried out by a Federal agency? No Will your activity purposefully Take northern long-eared bats? No [Semantic] Is the project action area located wholly outside the White-nose Syndrome Zone? Automatically answered No Have you contacted the appropriate agency to determine if your project is near a known hibernaculum or maternity roost tree? Location information for northern long-eared bat hibernacula is generally kept in state Natural Heritage Inventory databases – the availability of this data varies state-by-state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. A web page with links to state Natural Heritage Inventory databases and other sources of information on the locations of northern long- eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/ mammals/nleb/nhisites.html. Yes Will the action affect a cave or mine where northern long-eared bats are known to hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or other alteration) of a hibernaculum? No Will the action involve Tree Removal? Yes Will the action only remove hazardous trees for the protection of human life or property? No Will the action remove trees within 0.25 miles of a known northern long-eared bat hibernaculum at any time of year? No 01/31/2022 IPaC Record Locator: 409-109286136   5    9.Will the action remove a known occupied northern long-eared bat maternity roost tree or any trees within 150 feet of a known occupied maternity roost tree from June 1 through July 31? No 01/31/2022 IPaC Record Locator: 409-109286136   6    Project Questionnaire If the project includes forest conversion, report the appropriate acreages below. Otherwise, type ‘0’ in questions 1-3. 1. Estimated total acres of forest conversion: 0 2. If known, estimated acres of forest conversion from April 1 to October 31 0 3. If known, estimated acres of forest conversion from June 1 to July 31 0 If the project includes timber harvest, report the appropriate acreages below. Otherwise, type ‘0’ in questions 4-6. 4. Estimated total acres of timber harvest 0 5. If known, estimated acres of timber harvest from April 1 to October 31 0 6. If known, estimated acres of timber harvest from June 1 to July 31 0 If the project includes prescribed fire, report the appropriate acreages below. Otherwise, type ‘0’ in questions 7-9. 7. Estimated total acres of prescribed fire 0 8. If known, estimated acres of prescribed fire from April 1 to October 31 0 9. If known, estimated acres of prescribed fire from June 1 to July 31 0 If the project includes new wind turbines, report the megawatts of wind capacity below. Otherwise, type ‘0’ in question 10. 10. What is the estimated wind capacity (in megawatts) of the new turbine(s)? 0 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 D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 February 24, 2022 Carrie Caviness, PhD carrie.caviness.1@gmail.com Interface Environmental Consulting, LLC 476 Hidden Pond Road Boone, NC 28607 Re: Hombs streambank stabilization, 185 Joe Pye Lane, Banner Elk, Watauga County, ER 22-0439 Dear Ms. Caviness: Thank you for your email of January 31, 2022, regarding the above-referenced undertaking. We have reviewed the submittal and offer the following comments. 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 919-814-6579 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