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HomeMy WebLinkAbout20171293 Ver 3_ePCN Application_20220812Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* OYes 0No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 6/3/2022 BIMS # Assigned* 20171293 Is a payment required for this project?* 0 No payment required O Fee received O Fee needed - send electronic notification Reviewing Office* Central Office - (919) 707-9000 Information for Initial Review Version#* 3 What amout is owed?* 0 $240.00 O $570.00 Select Project Reviewer* Erin Davis:eads\ebdavis la. Name of project: Green Mesa la. Who is the Primary Contact?* Frazier Farm of North Carolina, LLC lb. Primary Contact Email:* lc. Primary Contact Phone:* greenmesa@yadtel.net (336)468-8878 Date Submitted 8/12/2022 Nearest Body of Water Deep Creek Basin Yadkin-PeeDee Water Classification Class C Site Coordinates Latitude: 36.213246 A. Processing Information Longitude: -80.718195 County (or Counties) where the project is located: Yadkin Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: EI Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* O Yes O No Please provide the date of the previous submission.* 6/6/2019 1b. What type(s) of permit(s) do you wish to seek authorization? U Nationwide Permit (NWP) O Regional General Permit (RGP) O Standard (IP) lc. Has the NWP or GP number been verified by the Corps? O Yes 0 No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): Id. Type(s) of approval sought from the DWR: OO 401 Water Quality Certification - Regular O Non-404 Jurisdictional General Permit O Individual 401 Water Quality Certification 27 - Restoration 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: If. Is this an after -the -fact permit application?* OYes C No O 401 Water Quality Certification - Express 0 Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? 0 Yes lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1h. Is the project located in any of NC's twenty coastal counties? 0 Yes • No 1j. Is the project located in a designated trout watershed? Yes • No B. Applicant Information OYes 0O No OYes 0O No ld. Who is applying for the permit? 0 Owner ✓ Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: Frazier Farm of North Carolina, LLC 2b. Deed book and page no.: 1084/410 2c. Contact Person: 2d. Address Street Address 3532 Baptist Church Rd Address Line 2 City Boonville Postal / Zip Code 27011 State / Province / Region NC Country Yadkin 2e. Telephone Number: 2f. Fax Number: (336)468-8878 2g. Email Address:* greenmesa@yadtel.net 3. Applicant Information (if different from owner) 3a. Name: Matt Butler 3b. Business Name: RES 3c. Address Street Address 3600 Glenwood Ave Address Line 2 Suite 100 City Raleigh Postal / Zip Code 27612 3d. Telephone Number: (919)209-1067 3f. Email Address:* mbutler@res.us 4. Agent/Consultant (if applicable) 4a. Name: Matt Butler 4b. Business Name: RES 4c. Address Street Address 3600 Glenwood Ave Address Line 2 Suite 100 City Raleigh Postal / Zip Code 27612 4d. Telephone Number: (919)209-1067 4f. Email Address: * mbutler@res.us C. Project Information and Prior Project History State / Province / Region NC Country US 3e. Fax Number: State / Province / Region NC Country US 4e. Fax Number: 1. Project Information lb. Subdivision name: (if appropriate) lc. Nearest municipality / town: Boonville 2. Project Identification 2a. Property Identification Number: 2b. Property size: 2c. Project Address Street Address 3532 Baptist Church Rd Address Line 2 City Boonville Postal / Zip Code 27011 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Deep Creek 3b. Water Resources Classification of nearest receiving water: * Class C 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. 030401011102 4. Project Description and History State / Province / Region NC Country Yadkin 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 Green Mesa Mitigation Site ('Project") is located within a rural watershed in Yadkin County, approximately two miles south of Booneville. The Project lies within the Yadkin River Basin, North Carolina Department of Water Resources (NCDWR) sub -basin 03-07-02 and United States Geological Survey (USGS) 14-digit hydrologic unit code (HUC) 03040101130010. The total drainage area for the Project is 1,011 acres (1.58 mi2). Primary land use within the rural watershed consists of approximately 28 percent forest and 62 percent agricultural land. Impervious area covers less than two percent of the total watershed. Within the agricultural land use, pastureland accounts for approximately two percent of the area and cropland comprises 55 percent of the area. Historic and current land -use within the immediate Project area have had direct livestock access to the streams. These activities have negatively impacted both water quality and streambank stability along the Project streams. The resulting observed stressors include excess nutrient input, streambank erosion, sedimentation, livestock access to streams, channel modification, and the loss of riparian buffers. The Project area is comprised of a 32.45 acre easement area and five unnamed tributaries totaling 9,316 existing linear feet, which eventually drain into the Yadkin River. In general, all or portions of FF1-A, FF1-B, FF1-C, FF1-D, FF1-E, FF3, FF4, and FF5 do not function to their full potential; whereas FF2 seems to have functionality and is proposed for preservation only. Current conditions demonstrate significant habitat degradation because of impacts from agriculture, livestock production, and lack of riparian buffer. Being heavily eroded and incised, some of the streams do not access their floodplains as frequently as they naturally would have prior to agricultural operations. In the proposed restoration areas, the riparian buffer is in poor condition where much of the riparian buffer is devoid of trees or shrubs and row crops are present up to the edge of the existing channel. In the enhancement areas, trees are present, but understory riparian buffer has been impacted by livestock. Habitat along the majority of the restoration reaches is poor in that there is little woody debris or overhanging vegetation for fish cover or protection for other aquatic species. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes ® No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 5.68 4g. List the total estimated linear feet of all existing streams on the property: 9830.00 4h. Explain the purpose of the proposed project: * The objective for this restoration project is to restore and design natural waterways with the appropriate cross -sectional dimension and slope that will provide function and meet the appropriate success criteria for the existing streams. Accomplishing this objective entails the restoration of natural stream characteristics, such as stable cross sections, planform, and in - stream habitat. The floodplain areas will be hydrologically reconnected to the channel to provide natural exchange and storage during flooding events. The design will be based on reference conditions, USACE guidance (USACE, 2005), and criteria that are developed during this project to achieve success. Additional project objectives, such as restoring the riparian buffer with native vegetation, ensuring hydraulic stability, and treating invasive species. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Stream restoration efforts along the tributaries of the Project will be accomplished through analyses of geomorphic conditions and watershed characteristics. The design approach applies a combination of analytical and reference reach -based design methods that meet objectives commensurate with both ecological and geomorphic improvements. Proposed treatment activities may range from minor bank grading and planting to re-establishing stable planform and hydraulic geometry. For reaches requiring full restoration, natural design concepts have been applied and verified through rigorous engineering analyses and modeling. The objective of this approach is to design a geomorphically stable channel that provides habitat improvements and ties into the existing landscape. The Project will include priorities I and II stream restoration, enhancement I, enhancement II, enhancement III, and preservation. Stream restoration will incorporate the design of a single - thread meandering channel, with parameters based on data taken from reference sites, published empirical relationships, regional curves developed from existing project streams, and NC Regional Curves. Analytical design techniques will also be a crucial element of the project and will be used to determine the design discharge and to verify the design as a whole. Current stream conditions along the proposed restoration reaches exhibit habitat degradation as a result of impacts from livestock and channelization performed to promote agricultural activities. Additionally, the riparian buffer is in poor condition throughout the sections of FF4-B and parts of FF1-D, where much of it is devoid of trees or shrubs, and active pasture is present up to the edge of the existing channel. The Project design approach began with a thorough study of existing conditions, including the onsite streams, valleys, and watershed. Design parameters, including active channel, habitat and floodplain features were developed from analyses performed on the reference site data. Analytical design techniques were used to determine the design discharge and to verify the design as a whole. Geomorphic and habitat studies will be performed concurrently with the engineering analyses. While stream design will be verified by simulations of hydrology and fluvial processes, analogs of desirable habitat features will be derived from reference sites and integrated into the project design. Both in -stream and riparian habitat features will be designed. In -stream structures will be used throughout the project to act as grade control and for bank stabilization by dissipating and redirecting the stream's energy. Bank stability may further be enhanced through the installation of brush mattresses, live stakes and cuttings bundles. Sections of abandoned stream channel will be backfilled with material excavated from on site to the elevation of the floodplain in areas adjacent to the new channel, installing channel plugs where necessary. The floodplain will be planted with native species creating a vegetated buffer, which will provide numerous water quality and ecological benefits. Stream banks will be stabilized using a combination of grading, erosion control matting, bare -root plantings, native material revetment techniques (i.e., bioengineering) and structure placement. The stream and adjacent riparian areas will be protected by a minimum 50-foot conservation easement (where feasible) which will be fenced to exclude livestock as needed. The Project has been broken into the following design reaches: Reach FF1-A - This reach begins on the southwest end of the project, flows east to FF1-B, and totals 993 linear feet of Enhancement II. Sparse woodland is located on the left bank, and actively managed pasture lies just outside of the wood line. Enhancement activities will include improving habitat through riparian buffer planting and livestock exclusion. While there are areas for spot stabilization, this is the best approach based on the amount of bedrock in this reach. Moreover, this reach will have riparian buffers wider than the 50-foot minimum and up to 125-feet in some places. Reach FF1-B - This reach begins on the southwest end of the project from FF1-A, flows east to an impoundment, and totals 922 linear feet of Enhancement III. Enhancement activities will include improving habitat through supplemental planting, protection of fringe wetlands, livestock exclusion, and beaver removal. Moreover, this reach will have riparian buffers wider than the 50-foot minimum, and up to 150-feet in some places. Reach FF1-C — This reach begins downstream of the impoundment that FF1-B flows into. This reach flows north to FF1-D. This reach totals 694 linear feet of Enhancement II. This reach is broken up into multiple sections due to the presence of a powerline easement and an existing agricultural crossing. Actively managed pasture is located adjacent to the reach. Enhancement activities will include improving habitat through buffer plantings and livestock exclusion fencing. Minimal bank grading and buffer re-establishment is also proposed along this reach. There is a large stone wall intact on this reach that will remain in place. The restoration of the riparian areas and buffers along this reach will filter runoff from adjacent pasture, reduce sediment loads, and provide wildlife corridors throughout the Project area. Reach FF1-D - This reach begins on the north end of the project, just downstream of Baptist Church Road and Reach FF4-B and totals 1,391 linear feet of Restoration. Actively managed pasture is located adjacent to the reach. Restoration activities will include constructing a new channel within the natural valley with appropriate dimensions and pattern and backfilling the abandoned channel. In -stream structures such as constructed riffles, brush toes, boulder riffles, and j-hooks will be installed for stability and to improve habitat. Habitat will further be improved through buffer plantings, livestock exclusion, and invasive species treatment. Proposed buffer activities will improve riparian areas that will filter runoff from adjacent pastures, thereby reducing nutrient and sediment loads to the channel. There are four easement breaks along this reach to account for a Duke Power transmission line and a telephone line. The riparian buffer will be less than the minimum 50-feet due in some locations due to the presence of the aforementioned utility lines and their rights -of -way. However, there are also portions of the buffer that exceed the minimum 50-feet and reach up to 125-feet in width in some areas. Reach FF2 - This reach begins on the south end of the project, flows north to FF1-B. This reach totals 602 linear feet of Preservation. Dense woodland is located adjacent to the bedrock controlled reach. Preservation activities will include improving habitat through livestock exclusion fencing. The livestock exclusion fencing will provide wildlife corridors throughout the Project area and will remove livestock access to the riparian areas. Moreover, this reach will have riparian buffers wider than the 50-foot minimum, and up to 75-feet in some places. Reach FF3 - This reach begins on the south end of the project and flows north to the pond impoundment on site. The totals 1,943 linear feet of Enhancement III. Enhancement activities will include improving habitat through livestock exclusion, invasive species treatment, and supplemental buffer planting. The downstream section of this reach will be enhancing wetland areas, but no credit for wetlands is being claimed. The livestock exclusion fencing will provide wildlife corridors throughout the Project area and will remove livestock access to the riparian areas. Moreover, this reach will have riparian buffers wider than the 50-foot minimum, up to 150-feet in some places. Reach FF4-A — This reach begins on the west end of the project, and flows southeast to FF4-B. This reach totals 474 linear feet of Enhancement I. Actively managed pasture is present on both sides of the reach. Enhancement activities will include improving habitat through livestock exclusion, buffer plantings, and the installation of in -stream structures such as log sills and brush toes. Additional enhancement activities will include constructing a floodplain bench along the right bank and laying back the left bank at the upstream end of the reach. Moreover, this reach exceeds the 50-foot minimum buffer requirement on the left bank. Reach FF4-B - This reach begins on the west end of the project at a power line easement break just downstream of reach FF4-A and flows east to Baptist Church Road. This reach totals 444 linear feet of restoration and begins at the bedrock section. Actively managed pasture is present on both sides of the reach. Restoration activities will include constructing a new channel within the natural valley with appropriate dimensions pattern and backfilling the abandoned channel. Native bed material will be harvested when possible. In -stream structures such as constructed riffles, brush toes, boulder riffles, and j-hooks will be installed for stability and to improve habitat. Habitat will further be improved through buffer plantings and livestock exclusion. Proposed buffer activities will improve riparian areas that will filter runoff from adjacent pastures, thereby reducing nutrient and sediment loads to the channel. Moreover, portions of this reach will have riparian buffers wider than the 50-foot minimum, up to 125-feet in some places. Reach FF5 -This reach begins on the southeast end of the project and flows north to FF1-D. This reach totals 1,586 linear feet of Enhancement III (FF5-A) and 56 linear feet of restoration (FF5-B) at the tie-in with FF1-D. Woodland and actively managed pasture is located adjacent to the reach. Enhancement activities will include improving habitat through livestock exclusion, invasive species treatment, removal of approximately 90 percent of the black walnut stems, and buffer planting in areas where black walnut has been removed. Planted stems along FF5 will be black walnut tolerant; these species are indicated on the planting plan (K-State Research and Extension, 2015). Moreover, this reach will have riparian buffers wider than the 50-foot minimum. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * • Yes O No 0 Unknown Comments: PJD was received July 23, 2018 5b. If the Corps made a jurisdictional determination, what type of determination was made? * • Preliminary Approved Not Verified C) Unknown O N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Jeremy Schmid RES 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD was sent to the Corps May 8, 2018, and a PJD was received from William Elliot on July 23, 2018 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 la. Where are the impacts associated with your project? (check all that apply): Wetlands ,p Streams -tributaries 0 Open Waters 0 Pond Construction 3. Stream Impacts 0 Buffers 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* S1 Ford Crossing Permanent Other FF1-A Perennial Corps 20 Average (feet) 30 (linear feet) S2 Stream Enhancement Temporary Bank Stabilization FF1-B Perennial Corps 20 Average (feet) 80 (linear feet) S3 Stream Enhancement Permanent Bank Stabilization FF1-B Perennial Corps 20 Average (feet) 20 (linear feet) S4 Stream Restoration Permanent Relocation FF1-C Perennial Corps 20 Average (feet) 1,452 (linear feet) S5 Ford Crossing Permanent Other FF2 Perennial Corps 10 Average (feet) 50 (linear feet) S6 Ford Crossing Permanent Other FF3 Perennial Corps 9 Average (feet) 50 (linear feet) S7 Stream Enhancement Temporary Bank Stabilization FF4-A Perennial Corps 10 Average (feet) 474 (linear feet) S8 Ford Crossing Installation Permanent Other FF4-A Perennial Corps 10 Average (feet) 70 (linear feet) S9 Stream Restoration Permanent Relocation FF4-B Perennial Corps 10 Average (feet) 375 (linear feet) S10 Ford Crossing Installation Permanent Other FF5-A Perennial Corps 8 Average (feet) 30 (linear feet) S11 Stream Restoration Permanent Relocation FF5-B Perennial Corps 8 Average (feet) 45 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 2,122 3i. Total temporary stream impacts: 554 3i. Total stream and ditch impacts: 1225 3j. Comments: Although this will impact 1,225 If of stream that the project intends to restore and enhance these streams and protect them into perpetuity so that these impacts will provide an overall benefit to the stream. Overall the existing length of stream will increase from 9,145 to the new proposed length of 9,164 LF. 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: Due to the nature of this project, complete avoidance is not possible. Both stream and wetland impacts were considered when designing the Green Mesa Mitigation project. The only impacts associated with this project are stream impacts, and wetland impacts were completely avoided. This project should uplift the ecological quality of streams and wetlands on site. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts are minimized using a staged construction approach. Where possible the channel will be constructed prior to turning stream flow into a segment. This approach allows minimization of the impact of each stage during the project construction. Additionally, all work in wetlands and streams will be conducted during dry conditions and/or with mats to protect soil structure. Efforts will be made to preserve individual high value trees located within the stream restoration area. 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? O Yes O No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This is a stream mitigation project that will ultimately uplift the ecological quality of streams, buffers, and wetlands on site, within the Yadkin River Basin, and therefore does not need compensatory mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? O Yes ® No If no, explain why: This project is not in a protected buffer watershed (Yadkin 01). 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)? JYes 0No Comments: There will be no increase in impervious surface due to this project. 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?* O Yes O 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)7 * O Yes J No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* O Yes 0 No 3b. If you answered "no," provide a short narrative description. This project will not result in an additional development that would impact water quality downstream. Ultimately, there will be an increase in water quality within the project, due to the restoration and enhancement of project streams, planting of the riparian buffer, and the establishment of a conservation easement to be protected in perpetuity. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 0Yes 0No®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 • 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?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? 0 Yes ® No • No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? OYes 0No 5g. Does this project involve bridge maintenance or removal? 0Yes ®No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0Yes ®No 5i. 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? USFWS IPAC & Natural Heritage Program Database 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 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 SHPO GIS database and SHPO coordination. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes • No 8c. What source(s) did you use to make the floodplain determination?* FEMA Floodplain Maps (FIRM Panel 3710499000J & FIRM Panel 3710488800J) 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 GreenMesa_Submittal_Package.pdf 36.49MB File must be PDF or KMZ Comments Signature RI 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: Matt Butler Signature Date 8/12/2022 fires August , 2022 NC Division of Water Resources 217 West Jones Street Raleigh, NC 27603 To Whom it May Concern, 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Corporate Headquarters 6575 West Loop South, Suite 300 Bellaire, TX 77401 Main: 713.520.5400 Resource Environmental Solutions (RES) is pleased to present this Pre -Construction Notification (PCN) Form for the Green Mesa Mitigation ("Project") located in Yadkin County, North Carolina (36.213246, -80.718195). The Project is located within a primarily rural watershed approximately two miles south of Boonville, NC. The aquatic resources associated with the Project have been highly manipulated and degraded over time due to agriculture practices, including stream channelization, constructing impoundments, and raising livestock. The Project will involve the restoration and enhancement of streams and wetlands within the Yadkin River Basin (Hydrologic Unit Code 03040101). This PCN provides an assessment of temporary and permanent impacts associated with the stream and wetland mitigation that will occur during the construction of this Project. The objective for this 3 . 1-acre Project is to restore and design natural stream complexes with appropriate cross -sectional dimensions and slope that will provide function and meet the appropriate success criteria agreed upon in the mitigation plan. Accomplishing this objective entails the restoration and enhancement of natural stream characteristics, such as stable cross sections, planform, and in -stream habitat as well as restoration and enhancement of wetland functions, such as hydrology, biogeochemistry, and species habitat. There are no wetland or open water impacts associated with this project. There are a total of 2,122 linear feet of permanent stream impacts and 554 linear feet of temporary impacts. Although this will impact 1,225 If of stream that the project intends to restore and enhance these streams and protect them into perpetuity so that these impacts will provide an overall benefit to the stream. Overall, the existing length of stream will increase from 9,145 to the new proposed length of 9,164 LF. The attached PCN package includes the PCN form, PCN supplemental information, supporting figures, and the Preliminary Jurisdictional Determination with an updated aquatic resource inventory table. We thank you in advance for your timely response and cooperation. Please feel free to contact me at (919)-209-1062 or bbreslow@res.us if you have any additional question regarding this matter. Sincerely, Brad Breslow I Regulatory Manager res.us TABLE OF CONTENTS I. Pre -filing Meeting Request II. PCN Figures • Figure 1. Project Vicinity • Figure 2. USGS Quadrangle • Figure 3. Existing Conditions • Figure 4. Mapped Soils • Figure 5. Project Impacts III. Issued Preliminary Jurisdictional Determination (PJD) • Notification of Jurisdictional Determination • PJD Form • Original Aquatic Resources • Figures IV. OMBIL Regulatory Module (ORM) • Updated Aquatic Resources • Impacts V. Agency Correspondence Pre -filing Meeting Request Megan Engel From: Matt Butler Sent: Friday, August 5, 2022 11:10 AM To: Megan Engel Subject: FW: Green Mesa Project DWR# 20171293 V. 1 - 401 Pre -Filing Request Matt Butler, PMP Project Manager RES I res.us M: 919.770.5573 Restoring a resilient earth for a modern world From: Matt Butler Sent: Friday, June 3, 2022 12:46 PM To: 401PreFile@ncdenr.gov Cc: Davis, Erin B <erin.davis@ncdenr.gov>; Bradley Breslow <bbreslow@res.us> Subject: Green Mesa Project DWR# 20171293 V. 1 - 401 Pre -Filing Request Good afternoon, I would like to request a pre -filing for the RES Green Mesa Project (DWR# 20171293 V. 1). Please let me know if there is any additional information you need. Thank you, Matt Butler, PMP Project Manager RES I res.us M: 919.770.5573 Restoring a resilient earth for a modern world 1 PCN Figures • Figure 1. Project Vicinity • Figure 2. USGS Quadrangle • Figure 3. Existing Conditions • Figure 4. Mapped Soils • Figure 5. Project Impacts ttal Baptist Church Ru Shady Springs Dr L Legend Proposed Easement 1 Service Area - 03040101 ;t, , ch kV N Ou4 F Green Me. Site 3211 Boonyll le W Ma,„ , I Yadkinvill. amptonville 1 �lf II IIII E 500 1,000 Feet Figure 1 - Project Vicinity Green Mesa Mitigation Site Yadkin County, North Carolina Date: 8/4/2022 Drawn by: MDE Checked by: JRM 1 inch = 1,000 feet res aw ,w a • f .0,: .6'4. pOWerllne L___..._. •••14 ' lc 701°' / 4 m;, r M.. r x< egg: s .., \'' , , Historic Crossing " a" t ;l 1 \ ," l', Legend k .< Proposed Easement Project Parcel Parcel UZ Existing Wetland 77 I ' ''' . '' ,-r,.,, ,_,,: :- t ''' 7:-''.:_,, ' FEMA Zone AE (None) m T-T Transmission Line Existing Stream i an _. r_ . Date: 8/4/2022 Figure 2-Existing Conditions E. f�e� /P,•�4>1� w — Drawn by: MDE res p t��r.1& fr��l���`$ s Green Mesa Mitigation Site Checked by: JRM e"� 0 250 500 11 Yadkin County, North Carolina 1 inch=500 feet Feet Proposed Easement t[u Ow ..a s 300 600 Feet Figure 3 - Mapped Soils Green Mesa Mitigation Site Yadkin County, North Carolina Date: 8/4/2022 Drawn by: GDS Checked by: xxx 1 inch = 600 feet ros Legend Proposed Easement Drainage Area 1,000 2000 11 Feet Figure 4 - USGS Quadrangle Yadkinville (1967) Green Mesa Mitigation Site Yadkin County, North Carolina Date: 8/4/2022 Drawn by: MDE Checked by: JRM 1 inch = 2,000 feet res /- ek ,,,_ A a .., , • ,. . 1 '44t' ••• lk -•„. ., . • I. .,,... is, 4PF°1 A& , - = ,,"1,•.,i,,,,r;*'•,,,.„,. _';.,•, '0' •' *,4 r % ' II 4 „.. . 0 tt t I ft N A . 4-,•"-./4, : ,..., .... ip:rivt, ' o , , .. VV ' PEM1Ax , s,? , ''."0" • -.1 r ,..). i OA 1, . ,,0, "'"'""jr4304,4t. ...ott 4.5! '`A"•t. ' • " t, ESP 4. —4 t ' - A --- ., . , .. . , 1 t‘ , -• 4 . BEIPtiet(ifilMfkli2 ill p, 5 , , ,,, -, . k _ .tk ,.., t ; ---_— . '•'\til k , ! . FUBHh . ‘. "*.,.1* '$•,, a tr. , .:k 'ir**''',A16. ! ',ft k 4, v c , , %,:\• , c 17 t ,,,,,„ - ., .. -, ,, • ., 4 4 , ,,li,.„,, ..,,, •-1 - .., , ,«I Legend Proposed Easement : M NW Wetland (USFWS 10/12/2022) Date: 8/4/2022 N Drawn by MDE pros E i1/4 4..\\ ointimird. w+ Figure 6-National Wetland Inventory Checked by JRM .1,1140/41Nopcol.$4401 ‘-eirozon-e;vstailie., s 1 inch=600 feet NKR° 300 600 Carolina Green Mesa MNitoirgthation Site 0 II °-: Feet Yadkin County, .;. Impact Temp/Per Purpose Stream Impacts • Aquatic Length(ft) 0 res x. S2 Temp Stream Enhancement FF1-B 80 ttr. 't<,c, S3 Perm Stream Enhancement FF1-B 20 . s `* - S4 Perm Stream Restoration FF1-D 1,452 . ,r'�"F 1 S7 Temp Stream Ehancement FF4-A 474 S9 Perm Stream Restoration FF4-B 375 IF_ S11 Perm Stream Restoration FF5-B 45 ��� ,'' ��ll�� , A, Impacts Associated with Crossings Ir. 0 1 Impact Temp/Per Purpose Aquatic Approximate Length e. i, FF7-D V' '„I���� �.I0 S1 Perm Ford Crossing FF1-A 1+39 30 II. �.1� �, S10 Perm Ford Crossing Installation FF5-A 17+17 30 IQ S5 Perm Ford Crossing FF2 1+04 50 lilt , S6 Perm Ford Crossing FF3 14+48 50 S �� 54 ��_ . S8 Perm Ford Crossing Installation FF4-A 3+00 70 c, .` - 0 150 300 � 2,.., 510&511 ® '��A b�<• Feet ,1 kw', 13:1tr. 1\` Figure 6-Project Impacts A.A.. NON •"' Green Mesa .� i Mitigation Project ,�� Yadkin County, North Carolina WB ` "r. L • N�1 Date: 8/3/2022 Drawn by: MDE i • • net _ , Checked by:JRM 1:3,600 *• <� N Legend gap Proposed Easement ti ,� 1 , f T T T I �r o Y Y Y Y Existing Pond Y Y Y Y �I�� -a' j// Existing Wetland ... Itt.., , if�A��r// lit Existing TOB i iiii* \-\ Proposed TOB �14� -I,�i�.I I l� y7 I,-W�� ` 52&53 23 ' " Ilia I IT ` REFERENCE i ® ;f1 1)Horizontal Datum is NAD83 UTM Zone 17N ♦ t 2)Map Projection is NAD_1983_StatePlane_ North_Carol ina_FI PS_3200_Feet r MI s tt4 l��ir'irM=4s,� ® r1*1 �diaN i sr4� 2,2 Issued Preliminary Jurisdictional Determination (PJD) • Notification of Jurisdictional Determination • PJD Form • Original Aquatic Resources • Figures U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2017-01466 County: Yadkin U.S.G.S. Quad: Yadkinville NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Frazier Farm of North Carolina, LLC Address: 3532 Baptist Church Road Boonville, NC 27011 Telephone Number: Size (acres): 20 acres Town: Boonville Nearest Waterway: Tanyard Creek River Basin/ HUC: Upper Yadkin Location description: The site is located Indicate Which of the Following Apply: A. Preliminary Determination Nearest Coordinates: 36.213246, -80.718195 X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980, ext. 4225 or amanda.jones@usace.army.mil C. Basis for Determination: See attached preliminary jurisdictional determination form. The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region (version 2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. D. Remarks: The potential waters of the U.S., at this site, were verified on -site by the Corps on May 8, 2018 and are as approximately depicted on the attached Potential Wetland/Waters Map (dated 10/27/2017). E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A (Preliminary -JD). 2 **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** lly signed by ELLIOTT.WILLIAM.AN ow° UN: c=US, o=U.S Gwx nn�e�rt, ou=OaU, ou-Pp, Corps Regulatory Official: THON Y.1048694604 UO .W LLAMAMHON .104880b Uate:2018.082311:5712-04'00' William Elliott Issue Date of JD: August 23, 2018 Expiration Date: N/A Preliminary JD The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0. Copy furnished: Jeremy Schmid, 302 Jefferson Street, Suite 110, Raleigh, NC 27605 3 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Frazier Farm of North Carolina, LLC File Number: SAW-SAW-2017-01466 Date: August 23, 2018 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The ollowing identifies your righ and options -garding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx oill Corps regulations at 33 CFR Part 331. A A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. 4 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the appeal conference or meeting, and any supplemental information administrative record. Neither the appellant nor the Corps may provide additional information to clarify the location of information of the administrative record, the Corps memorandum for the record determined is needed to clarify the to the record. However, you may record. that the review officer has add new information or analyses that is already in the administrative POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Attn: William Elliott 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 828-271-7980, ext. 4232 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 5 6 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JD: August 23, 2018 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Frazier Farm of North Carolina, LLC 3532 Baptist Church Road Boonville, NC 27011 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, SAW-2017-01466, D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located State: NC County/parish/borough: Yadkin City: Boonville Center coordinates of site (lat/long in degree decimal format): 36.213246, -80.718195 Universal Transverse Mercator: NAD83 Name of nearestwaterbody: Tanyard Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: August 23,2018 ® FieldDetermination. Date(s): May 8, 2018 Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Centered Coordinates (decimal degrees) Latitude Longitude Estimated A mount of Aquatic Resource in Review Area (linear feet or acre) Type of Aquatic Resources Geographic Authority to Which Aquatic Resource "May Be" Subject FF1-A 36.212223 -80.724609 1013 if ❑ Wetland N Section 404 N Non -wetland Waters ❑ Section 10/404 FF1-B 36.212189 -80.722394 7241f ❑ Wetland N Section 404 N Non -wetland Waters ❑ Section 10/404 FF1-C 36.213772 -80.720389 815 1f ❑ Wetland N Section 404 11 Non -wetland Waters ❑ Section 10/404 FF1-D 36.215554 -80.718159 1609 1f ❑ Wetland 11 Section 404 11 Non -wetland Waters ❑ Section 10/404 FF2 36.211115 -80.723753 637 1f ❑ Wetland 11 Section 404 N Non -wetland Waters ❑ Section 10/404 FF3 36.210798 -80.719211 14941f ❑ Wetland N Section 404 N Non -wetland Waters ❑ Section 10/404 FF4 36.216467 -80.722795 10371f ❑ Wetland 11 Section 404 N Non -wetland Waters ❑ Section 10/404 FF5 36.214259 -80.716669 14421f ❑ Wetland 11 Section 404 N Non -wetland Waters ❑ Section 10/404 7 WA 36.212119 -80.723091 5.4 ac if ❑ Wetland 11 Section 404 11 Non -wetland Waters ❑ Section 10/404 WB 36.213772 -80.720389 .28 ac ❑ Wetland N Section 404 N Non -wetland Waters ❑ Section 10/404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features inthe review area that could be affected by the proposed activity, based on the following information: 8 SUPPORTING DATA Data reviewed for preliminary JD (check all that apply) - Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester:Vicinity, USGS, NWI, Soil, Existing conditions, WOUS ® Data sheets prepared/submitted by or on behalf of preliminary JD requester. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rational: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey (USGS) Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ▪ USGS map(s). Cite scale & quad name: Yadkinville. ❑ Natural Resources Conservation Service (NRCS) Soil Survey. Citation: Yadkin County, NC ® National wetlands inventory (NWI) map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): UNK or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. ELLIOTT.WILLIAM.AN TH O NY.1048694604 Digitally signed by ELLIOT. W ILUAM.ANTHONY.1048694604 DN: c=US, o=U.S. Government, ou=DOD, ou=PKI, ouUSA, cn=ELLIOTT.WILLIAM.ANTHONY.1048694604 Date: 2018.08.2311:5.3 -0400' William Elliott, August 23, 2018 Signature and date of Regulatory staff member completing preliminary JD Frazier Farm of North Carolina, LLC Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Two copies of this Preliminary JD Form have been provided Please sign both copies. Keep one signed copy for your record and return a signed copy to the Asheville Regulatory Field Office by mail or e-mail US Army Corps of Engineers -Wilmington District Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 9 I Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 10 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2017-01466 County: Yadkin U.S.G.S. Quad: Yadkinville NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Frazier Farm of North Carolina, LLC Address: 3532 Baptist Church Road Boonville, NC 27011 Telephone Number: Size (acres): 20 acres Town: Boonville Nearest Waterway: Tanyard Creek River Basin/ HUC: Upper Yadkin Location description: The site is located Indicate Which of the Following Apply: A. Preliminary Determination Nearest Coordinates: 36.213246, -80.718195 X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980, ext. 4225 or amanda.jones@usace.army.mil C. Basis for Determination: See attached preliminary jurisdictional determination form. The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region (version 2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. D. Remarks: The potential waters of the U.S., at this site, were verified on -site by the Corps on May 8, 2018 and are as approximately depicted on the attached Potential Wetland/Waters Map (dated 10/27/2017). E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A (Preliminary -JD). 2 **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** lly signed by ELLIOTT.WILLIAM.AN ow° UN: c=US, o=U.S Gwx nn�e�rt, ou=OaU, ou-Pp, Corps Regulatory Official: THON Y.1048694604 UO .W LLAMAMHON .104880b Uate:2018.082311:5712-04'00' William Elliott Issue Date of JD: August 23, 2018 Expiration Date: N/A Preliminary JD The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0. Copy furnished: Jeremy Schmid, 302 Jefferson Street, Suite 110, Raleigh, NC 27605 3 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Frazier Farm of North Carolina, LLC File Number: SAW-SAW-2017-01466 Date: August 23, 2018 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The ollowing identifies your righ and options -garding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx oill Corps regulations at 33 CFR Part 331. A A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. 4 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the appeal conference or meeting, and any supplemental information administrative record. Neither the appellant nor the Corps may provide additional information to clarify the location of information of the administrative record, the Corps memorandum for the record determined is needed to clarify the to the record. However, you may record. that the review officer has add new information or analyses that is already in the administrative POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Attn: William Elliott 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 828-271-7980, ext. 4232 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 5 6 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JD: August 23, 2018 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Frazier Farm of North Carolina, LLC 3532 Baptist Church Road Boonville, NC 27011 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, SAW-2017-01466, D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located State: NC County/parish/borough: Yadkin City: Boonville Center coordinates of site (lat/long in degree decimal format): 36.213246, -80.718195 Universal Transverse Mercator: NAD83 Name of nearestwaterbody: Tanyard Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: August 23,2018 ® FieldDetermination. Date(s): May 8, 2018 Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Centered Coordinates (decimal degrees) Latitude Longitude Estimated A mount of Aquatic Resource in Review Area (linear feet or acre) Type of Aquatic Resources Geographic Authority to Which Aquatic Resource "May Be" Subject FF1-A 36.212223 -80.724609 1013 if ❑ Wetland N Section 404 N Non -wetland Waters ❑ Section 10/404 FF1-B 36.212189 -80.722394 7241f ❑ Wetland N Section 404 N Non -wetland Waters ❑ Section 10/404 FF1-C 36.213772 -80.720389 815 1f ❑ Wetland N Section 404 11 Non -wetland Waters ❑ Section 10/404 FF1-D 36.215554 -80.718159 1609 1f ❑ Wetland 11 Section 404 11 Non -wetland Waters ❑ Section 10/404 FF2 36.211115 -80.723753 637 1f ❑ Wetland 11 Section 404 N Non -wetland Waters ❑ Section 10/404 FF3 36.210798 -80.719211 14941f ❑ Wetland N Section 404 N Non -wetland Waters ❑ Section 10/404 FF4 36.216467 -80.722795 10371f ❑ Wetland 11 Section 404 N Non -wetland Waters ❑ Section 10/404 FF5 36.214259 -80.716669 14421f ❑ Wetland 11 Section 404 N Non -wetland Waters ❑ Section 10/404 7 WA 36.212119 -80.723091 5.4 ac if ❑ Wetland 11 Section 404 11 Non -wetland Waters ❑ Section 10/404 WB 36.213772 -80.720389 .28 ac ❑ Wetland N Section 404 N Non -wetland Waters ❑ Section 10/404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features inthe review area that could be affected by the proposed activity, based on the following information: 8 SUPPORTING DATA Data reviewed for preliminary JD (check all that apply) - Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester:Vicinity, USGS, NWI, Soil, Existing conditions, WOUS ® Data sheets prepared/submitted by or on behalf of preliminary JD requester. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rational: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey (USGS) Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ▪ USGS map(s). Cite scale & quad name: Yadkinville. ❑ Natural Resources Conservation Service (NRCS) Soil Survey. Citation: Yadkin County, NC ® National wetlands inventory (NWI) map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): UNK or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. ELLIOTT.WILLIAM.AN TH O NY.1048694604 Digitally signed by ELLIOT. W ILUAM.ANTHONY.1048694604 DN: c=US, o=U.S. Government, ou=DOD, ou=PKI, ouUSA, cn=ELLIOTT.WILLIAM.ANTHONY.1048694604 Date: 2018.08.2311:5.3 -0400' William Elliott, August 23, 2018 Signature and date of Regulatory staff member completing preliminary JD Frazier Farm of North Carolina, LLC Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Two copies of this Preliminary JD Form have been provided Please sign both copies. Keep one signed copy for your record and return a signed copy to the Asheville Regulatory Field Office by mail or e-mail US Army Corps of Engineers -Wilmington District Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 9 I Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 10 ardin_Code I HGM_Code I Meas_Type ter on Local_Waterway FF1-A NORTH CAROLINA Linear 1013 FOOT DELINEATE 36.21222300 -80.72460900 FF1-B NORTH CAROLINA Linear 724 FOOT DELINEATE 36.21218900 -80.72239400 FF1-C NORTH CAROLINA Linear 815 FOOT DELINEATE 36.21377200 -80.72038900 FF1-D NORTH CAROLINA Linear 1609 FOOT DELINEATE 36.21555400 -80.71815900 FF2 NORTH CAROLINA Linear 637 FOOT DELINEATE 36.21111500 -80.72375300 FF3 NORTH CAROLINA Linear 1494 FOOT DELINEATE 36.21079800 -80.71921100 FF4 NORTH CAROLINA Linear 1037 FOOT DELINEATE 36.21646700 -80.72279500 FF5 NORTH CAROLINA Linear 1442 FOOT DELINEATE 36.21425900 -80.71666900 WA NORTH CAROLINA Area 5.4 ACRE DELINEATE 36.21211900 -80.72309100 WB NORTH CAROLINA Area 0.25 ACRE DELINEATE 36.21377200 -80.72038900 Legend Mosley Rd Baptist Church Rd tHill Elkin J esville Boonville Ya dki nvi l l e 1571 Mabel Trl Proposed Easement 0 500 1,000 Feet Vicinity Map Green Mesa Mitigation Site Yadkin County, North Carolina Date: 11/29/2017 Drawn by: RTM fires • �-� .4„. ,F, /�. J`/ 7 Hi,$chh/ - lv^;.-`\ pU •11 'p � f„� • � U • t • ' �.. - rk ram • _ _- -lql NIIIIIIIF Ni -M-• ---,.... ,_„--....„- p/ i . rIF \ ,..---,,_ ofi --,-* il j e.,.A yr ) .......... a i too 1 C• Cis .�` ` -r� c Ilf s=. R. : _ir0 !,.. „ ,, PP2---- xrrG?r. I. a•. • • , .,1 4 �i _ ,/ 1 f � ►_---- •. . 0 a i ix ' : • • bia: - ---'d I lik �\. �- ,a1111 L--4,> ' A i X , 4. i^& , , Legend ' :, 4 ` �, ,, �•CopJgi j.. �1 .., 201'3 National �� Geographic,Sooi Nor, , O \ i oub Proposed Easement • ► ;�� w, / J -.— `, Im�1 o 1,000 USGS Map Green Mesa Mitigation Site 2,000 Date: 11/29/2017 res Drawn by: RTM 11 Feet Yadkin County, North Carolina CM MEI FdE2 Gal Cl2Gal MO MEI On FdD2 Qi itiEl CZ 2 FdE2 egg MS GM �.� ICwl CGS alta es C 6/59 MP FdD2 : MD QED MD 1 MS Z" 1 FdE2 1153 ega 1221 FdD2 e' en es MD MEI ens er) \ CgC2 es IZEI MI CgB2 .. j k Map Unit Map Unit S bol Map Unit Name Name Map Unit Name Legend �'r" Clifford sandy clay loam,6 to 10%slopes, Fairview gravelly fine sandy loam,10 to 25%slopes, CcC2 moderately eroded FgD2,FgE2 moderately eroded Proposed Easement - Codorus loam,0 to 2%slopes,occasionally ° CrA flooded FtF Fairview-Stott Knob complex,25 to 45%slopes,stony ,, Non-hyd ri c Soil DeA Dan River sandy loam,0 to 3%slopes, HsA Hatboro soils,0 to 2%slopes,frequently flooded IPartially Hydric Soil FaE fre.uentl Fairview fine sanfloodedd loam,15 to 25%slo.es RdF Rhodhiss-Stott Knob Com.lex,25 to 45%slo.es,ston FdD2,FdE2 Fairview sandy clay loam,10 to 25%slopes, SmE,SmF Siloam sandy loam,15 to 50%slopes moderate) eroded Hydric Soil FeD3,FeE3 Fairview clay loam,10 to 25%slopes, severe) eroded Date: 11/29/2017 w m E Soils Map 1V�� Drawn by: RTM g 0 250 soo Green Mesa Mitigation SiteO Feet Yadkin County, North Carolina • '74;47 P.'IO:i',f '"4.,,,':;:..-,\A',-,4%;!:r1,11,1 ,.'::.'.?-. 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'•,.. . _, Ab. . ,';'"';..,-':'-'•* 'i'. ', '.,%(' e•''.?' • 4-ti: i , '',8\ $. . . _ . • i, • PUBHh PSS1Ch Legend Proposed Easement 1 NWI Wetlands , .IF,.... Site L Mitigation Green Mesa .@, Gre Carolina North w+ County, DrawnDle lblyi:29:: National Wetlands Inventory Map Yadkin 500 1 250 0 Feet .g. , p. .-.. \, N":44414. ,� . :.,. » •. cfri ' 1� ,S ` • ` P<€ 7)?4• W}ii 'c°C� 5r Y . , 1 y y d,. E a .'. J • '�. .� $ i\ '`c�. ', ' \* ef e,. r " i r„"' � v .. * e Etr A,4 a > t"" rk 1 ,.4 � fi , , ."k 1 S li • r ,,,,,. , Itilli .... • ' rt, • • ,k As � . :T . 1° r , ,,l*Ot' It �- e' ; .,y\V �,»..:�„ , rMt uuA\. \ A� - ,.yraw74. f r. b . 011) :; � a as 4 ' .'' , r} , '`, � .'sue s- a A y a , ,p _ yip\c �,,- s :. • 4 sM ";ta m; Q ,v a ,' ` yF K wI'r h Z Y Pi. 1 w Sl �. ,t,-.•-•1 ' r m . : sn• � a « ODP-4 �a gib, I a_ „ _... C ' a :. DP 2 E'? r to c - '‘'''' '°' '" /' 1 '' ; 0„. lotirriiiiimaffsi< ,...'.,--;‘„,,‘.:*--..44 --;,, it,opp ,:„:W,,,;; al c p X ` r ,..., . .... :. Legend <// Upland Data Point P W E t. Ili • • M '4 } 0 200 400 Il 111C Wetland Data Point - Feet "•t�, ` PROJECT MANAGER: e � v m DRAWN Existing Streamsle , ,,. v • JOB NUMBER: w :' . Aµl{lN{g Proposed Easement j DATE: - x w._ 1 v_...-- 10/27/2017 Existing Ponds "' REVISIONS: Existing Wetlands NONE Document Path:C:\Users\aprickett\Dropbox(RES)\@RES GIS\Projects\NC\Green Mesa(Frazier Farms)\MXD\JD\GreenMesa_WOUS_11x17.mxd - Date Saved:12/7/2017 OMBIL Regulatory Module (ORM) • Revised Aquatic Resources • Impacts FF1-A FF1-B FF1-C FF1-D (includes FF1-D & FF1-E) FF2 FF3 FF4 (Includes FF4-A & FF4-B) FF5 (Includes FF5-A & FF5-B) WA WB NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA NORTH CAROLINA ardin_Code I HGM_Code I Meas_Type ter on Local_Waterway Linear 993 FOOT DELINEATE 36.21222300 -80.72460900 Linear Linear Linear Linear Linear Linear Linear Area Area 922 FOOT DELINEATE 694 FOOT 1,511 FOOT 602 FOOT 1,943 FOOT 849 FOOT 1,631 FOOT 5.4 ACRE 0.28 ACRE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE DELINEATE 36.21218900 -80.72239400 36.21377200 -80.72038900 36.21555400 -80.71815900 36.21111500 -80.72375300 36.21079800 -80.71921100 36.21646700 -80.72279500 36.21425900 -80.71666900 36.21211900 -80.72309100 36.21377200 -80.72038900 r Original PJD Length(ft)/ +',�;• Included Reaches Latitude Longitude / Reach ID Area(ac) /: FF1-A FF1-A 36.212223 -80.724609 993 ? FF1-B FF1-B 36.212189 -80.722394 922 res 10. ., FF1-C FF1-C 36.213772 -80.720389 694 1‘. t ` FF1-D FF1-DE 36.215554 -80.718159 1,511 p0! FF2 FF2 36.211115 -80.723753 602 �'"'k• FF3 FF3 36.210798 -80.719211 1,943 } k FF4 36.216467 -80.722795 849 N » a 4 q e ; `I - FF5 36.214259 -80.716669 1,631 5� w � . ik, ,r 4 y t , - y; - �4\ ,q„r,.: 7�F"1 A' s n.- . r - `,, WA -- 36.212119 -80.723091 5.4 ac NI t'� � � • �'� . it �i ..[io.. WB -- 36.213772 80 720389 0.28 ...` i Total Existing Wetlands 5.68 ac 6 a �"•,4'6�' '�; t rf •'. '�' Total Existing Stream Length 9,145ft 0 150 300 t q.• ''r ,� :rx ti�',r - c to , 'Lengths ha✓e been updated to reflect the sur✓eyedlength of the streams within the project :. erav .„. . �. '�., a ,t e w "* easement • MLA, x ",, "tEF4 q 2` •�; % ^'`:"�,W. Feet w '. P y ..-'t�:+Y _ 1 in=300feet ki, • • �� i Potential � ,. -' t ,� � ��� � �;; �£\� `a/. } a* Wetland or Non-Wetland Waters �� ; ' ig, s o eMap a , " � the U.S.US M 'Trr � . y, a Green Mesa k^'• �, a Mitigation Project i- Yadkin County, North Carolina lie ., • • 1., .1` , , • .t. - Date: 6/5/2019 Drawn by: MDE 211 y� ; •- WB 4 a. d' i; Revisions: 1 Checked by: JRM tw Lgnd , . " v .., `.. Proposed Easement ffel {. k,C}?M`.' Existing and 11111-*. '"•'-. - - 4,_ • r , 1 i, -f.-. " wN .�►, Existing Wetland k' a^7 ' /tliI/ff . . Existing ::::int f',0/' A , • Wtland Upland Datapoint �' _- t; • _ t ''' FF1- r r ' ` > ` REFERENCE w w ' p ' 1)Horizontal Datum is NAD83 UTM Zone 17N. 2)Map Projection is NAD_1983_StatePlane_ North Carolina FIPS 3200 Feet PZI EMI■M IIMPL7 akt4tiltipio Resource_Type Permanent_Loss Impact_Duration Amount_ Amount_Units IIndially_Proposed_L Indially_Proposed_ Indially_Proposed_IProposed_L Proposed_ Proposed_ ength Width Amount ength Width Amount FF1-B S2 Ecological restoration River/Stream NO Temporary Linear FOOT 80 FF1-B S3 Ecological restoration River/Stream NO Permanent Linear FOOT 20 FF1-D S4 Ecological restoration River/Stream NO Permanent Linear FOOT 1452 FF4-A S7 Ecological restoration River/Stream NO Temporary Linear FOOT 474 FF4-B S9 Ecological restoration River/Stream NO Temporary Linear FOOT 375 FF5-B S11 Ecological restoration River/Stream NO Permanent Linear FOOT 45 FF1-A S1 Ecological restoration River/Stream NO Permanent Linear FOOT 30 FF5-A S10 Ecological restoration River/Stream NO Permanent Linear FOOT 30 FF2 S5 Ecological restoration River/Stream NO Permanent Linear FOOT 50 FF3 S6 Ecological restoration River/Stream NO Permanent Linear FOOT 50 FF4-A S8 Ecological restoration River/Stream NO Permanent Linear FOOT 70 Agency Correspondence DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WI LMI NGTON, NORTH CAROL! NA 28403-1343 REPLY TO ATTENTION OF: November 15, 2017 Regulatory Division Re: NCIRT Review of the RES Yadkin 01 Umbrella Mitigation Bank Prospectus: Gideon Site (SAW-2017-01462), Compass Point Site (SAW-2017-01465), Green Mesa Site (SAW-2017-01466), Twiman Site (SAW-2017-01467), and Scout Site (SAW-2017-01469). Resource Environmental Solutions, LLC Attention: Ms. Cara Conder 302 Jefferson Street, Suite 110 Raleigh, North Carolina 27605 Dear Ms. Conder: This letter is in regard to your prospectus document for the proposed RES Yadkin 01 Umbrella Mitigation Bank. The proposal consists of the establishment and operation of the mitigation sites listed below: Corps Action ID Site Name Easement (ac) County Stream/Receiving Water Latitude (°N) Longitude (°W) SAW-2017-01462 Gideon 8.6 Surry Mill Creek 36.3967 -80.8584 SAW-2017-01465 Compass Point 13.73 Yadkin Yadkin River 36.2696 -80.6384 SAW-2017-01466 Green Mesa 19.96 Yadkin N. Deep Creek 36.2132 -80.7181 SAW-2017-01467 Twiman 32.06 Yadkin N. Deep Creek 36.2130 -80.6902 SAW-2017-01469 Scout 14.0 Davie Hauser Creek 36.0322 -80.5166 The Corps determined the prospectus document was complete and issued a public notice (P/N # SAW-2017-01462) on September 6, 2017. The purpose of this notice was to solicit the views of interested State and Federal agencies and other parties either interested in or affected by the proposed work. In addition, the Corps and members of the Interagency Review Team (IRT) conducted field reviews of the proposed mitigation sites on October 16 - 18, 2017. Attached are comments received in response to the public notice from the North Carolina Wildlife Resource Commission, and a field visit memo incorporating comments from the attending IRT members. The Corps has reviewed the information provided and considered the comments received in response to the public notice and the field site visits. We have determined that the proposed mitigation bank appears to have the potential to restore and protect aquatic resources within the Upper Yadkin 8-digit Hydrologic Unit Code (HUC) 03040101 of the Yadkin River Basin. Therefore, the bank sponsor may proceed with preparation of a draft Mitigation Banking Instrument (MBI). 1 We appreciate your interest in restoring and protecting waters of the United States. If you have questions concerning the path forward for the proposed mitigation bank, please do not hesitate to contact me at (919) 554-4884 extension 59. Enclosures Electronic Copies Furnished: NCIRT Distribution List 2 Sincerely, HUGHES.ANDREA.W ADE.1258339165 Andrea Hughes Mitigation Project Manager Digitally signed by H U G H E S.A N D RE A. W A DE.1258339165 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HUGHES.ANDREA.WADE.1258339165 Date:2017.11.15 11:25:11-05'00' North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: FROM: DATE: Andrea Hughes Mitigation Project Manager, US Army Corps of Engineers Andrea Leslie Yr``d"-OU Habitat Conservation, NC Wildlife Resources Commission 26 October 2017 SUBJECT: Comments on RES Yadkin 01 Umbrella Mitigation Bank Davie, Yadkin and Surry Counties Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the final prospectus for the RES Yadkin 01 Umbrella Mitigation Bank Site. NCWRC staff attended site visits with regulatory agency staff October 16-18. The prospectus proposes stream restoration, enhancement, and preservation on over 29,800 feet of stream to net over 18,000 SMUs in the Yadkin River Basin (03040101). The bank includes five sites, and general comments on each site follow: • Gideon Site. Located on a 76-acre parcel and sandwiched between two Division of Mitigation Services (DMS) sites, this agricultural site will involve restoration, enhancement, and preservation on 4,092 ft of Mill Creek and unnamed tributaries (UTs) to Mill Creek, netting 2,664 SMUs. The site is less than a mile upstream of the Mitchell River, which serves as habitat for Brook Floater (Alasmidonta varicosa, US Federal Species of Concern, NC Endangered). Excellent erosion and sediment control is especially important at both this site and the adjacent DMS sites to minimize impacts to this mussel. • Compass Point Site. This site is located on a 209-acre parcel in agricultural and forestry uses. It was recently logged. The project will involve restoration and enhancement on 5,024 ft of UTs to the Yadkin River, netting 3,709 SMUs. The downstream end of the site is at the confluence with the Yadkin River, and protection and enhancement of riparian habitat at this location is especially ecologically beneficial, as it will provide a wildlife corridor that is connected to the Yadkin River. We recommend that the landowner expand the forested riparian area along the Yadkin River, as well. Two rare mussels [Creeper (Strophitus undulatus, NC Threatened) and Brook Floater] are found in the Yadkin River in the vicinity Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 RES Yadkin 01 Mitigation Bank Page 2 October 26, 2017 Davie, Yadkin, Surry Counties of the project, and erosion and sediment control is especially important at this site to minimize impacts to these species. • Green Mesa. This site is on a 273-acre parcel in agricultural use, and project activities include restoration, enhancement, and preservation on 7,776 ft of UTs to North Deep Creek, netting 3,531 SMUs. The old dam structure downstream of the present dam may serve as bat habitat, and NCWRC biologists may perform bat surveys there in 2018. • Twiman. This site is comprised of 10 parcels totaling 266 acres in agricultural use, and project activities include restoration, enhancement, and preservation on 10,477 ft of UTs to North Deep Creek, netting 5,766 SMUs. • Scout. This site is on two parcels totaling 522 acres in agricultural use, and project activities include restoration on 2,467 ft of Hauser Creek, netting 2,467 SMUs. Detailed comments on the mitigation approach are captured in RES staff's October 16-18 site visit summary. NCWRC staff has reviewed this summary and has provided comments on it in a separate email. Thank you for the opportunity to review and comment on this project. If we can be of further assistance, please contact Andrea Leslie at (828) 400-4223 or at andrea.leslie@ncwildlife.org. ec: Travis Wilson and Oliva Munzer, NCWRC MEMORANDUM res 302 Jefferson Street, Suite 110 Raleigh, North Carolina 27605 919.209.1052 tel. 919.829.9913 fax TO: NC IRT FROM: Cara Conder, Brad Breslow- RES DATE: 11/14/2017 (revised) RE: RES Yadkin 01 Umbrella Bank IRT Site Visits Attendees: Mac Haupt (NC DWR), Kim Browning (USACE), Andrea Leslie (NCWRC), Olivia Munzer (NCWRC), Cara Conder (RES), Brad Breslow (RES), David Godley (RES) Dates: October 16, 17, and 18, 2017 Gideon Site —10/16/17 The Gideon Site is located between two disjunct portions of the recently contracted DMS Little Sebastian full delivery site. While each project could be developed independently of the other, the combined easements will result in a much larger contiguous protected corridor and high - quality aquatic habitat. WRC mentioned that there are known occurrences of the brook floater (Alasmidonta varicosa) in the Mitchell River, approximately 0.5 miles downstream of the project area which RES mentioned in the Prospectus. Connecting the Gideon and Little Sebastian Sites offer opportunities to create and protect habitat for the State protected species. IRT members agreed the Gideon site is acceptable for compensatory mitigation, and final credit ratios will be determined in the Approved Mitigation Plan. Reach specific comments are below. • DWR requested that RES determine the potential wetlands on site. RES is currently delineating the site. • MC3-A: Group agreed to restoration at 1:1 ratio as originally proposed in prospectus. RES explained that cows have full access and the landowner has historically moved the channel. RES affirmed that construction sequencing would harvest native bed material when possible (e.g. cobble). The crossing will be a culvert. • JN5 — Group thought that Enhancement I at a 1.5:1 ratio would be more appropriate approach for this reach instead of Enhancement II Enhancement measures will include grading banks, installing grade control structures (including at the tie-in with MC3-A), planting the buffer, and cattle exclusion. • JN4 — Similar to JN5, the Group thought that Enhancement I at a 1.5:1 ratio would be a more appropriate approach for below the crossing. Enhancement measures will include removing pipe in old channel, fixing current culvert, grading banks, installing grade control structures, planting the buffer, and cattle exclusion. Enhancement III at a 5:1 ratio is the approach for above the crossing and includes cattle exclusion and light supplemental planting. • MC3-B: RES originally proposed Enhancement II at 2.5:1, but the Group agreed to change the approach to Enhancement III at 5:1 ratio because of channel condition and cattle access. Enhancement measures will include planting the buffer on the left bank and cattle exclusion. • JN6-C — RES originally proposed restoration on this reach and Group agreed to that approach. However, proposed alignment and restoration approach will need to be dictated by topographic survey data. RES is in process of data collection, including delineating slough feature. WRC suggested fencing slough area if not in alignment of proposed restoration area. Barns will likely be removed and the culvert at the driveway will be reset to improve hydrologic connection to JN6-B. WRC Comment: At the break between JN6-B & JN6-A, there is an old road that is eroding. RES agreed to stabilize this road. • JN6-B — RES originally proposed Enhancement II on this reach. DWR did not agree to 2.5:1 ratio due to buffer being intact, but does agree this reach should be part of the overall project. The consensus was Enhancement III at a 5:1 ratio with an approach of removing the crossing and cattle exclusion. • JN6-A — RES originally proposed preservation on this reach. Group agreed to including this top part of the reach as preservation. The JD will determine the limits. Compass Point Site —10/16/17 IRT members agreed the Compass Point site is acceptable for compensatory mitigation, and final credit ratios will be determined in the Approved Mitigation Plan. Reach specific comments are below. • DW6: RES originally proposed Enhancement II at 2.5:1 ratio. WRC and DWR recommended more of an Enhancement I approach (ranging from a 1.5 to 2 ratio), which would include bank work (spot stabilization), riparian buffer planting, and livestock exclusion. • DW1-A: RES originally proposed restoration at 1:1 ratio and Group agreed, with the exception being the upstream most portion that ties into DW6. Group agreed that a mix of Enhancement I and II would be best approach on the first 250 feet of DW1-A. • DW2: Group agreed to Enhancement II at 2.5:1 ratio as originally proposed in prospectus. RES confirmed that cows have access. Enhancement measures will include planting the riparian buffer and cattle exclusion. DWR and RES agreed to installing a stream gauge midway on the reach to monitor hydrology. • DW1-B: RES originally proposed Enhancement II at 2.5:1 ratio. Group discussed Enhancement I at a 1.5:1 ratio with enhancement measures including a combination of bed and bank work, complete riparian buffer planting, and cattle exclusion. DWR Comment: there was some discussion of El, however, if that ratio is proposed vs the E2, then the work needs to be justified in the mit plan. For the reach DW1-D, DWR believes while it is a benefit to have a corridor connect to the Yadkin River, however, the ratio that is appropriate would be no better than 7.5:1. USACE Comment: This will transition from restoration in DW1-A at bedrock point. Buffered on one side, some areas do need bank shaping. EII only if the banks are addressed. The existing road may cause the buffer to be pinched to less than 50' at the end of the reach. • DW 1-C: RES originally proposed restoration at 1:1 ratio. This reach has patches of high quality bed material including cobble and bedrock. Group agreed a Priority II Restoration approach, including benching to aid in floodplain connectivity, would be the best measure. • DW1-D — RES originally proposed Enhancement III at a 5:1 ratio on this reach. WRC wants to see this reach protected and included in the project. DWR and USACE recommended a 7.5:1 ratio. The approach will be cattle exclusion and installing a boulder grade control structure below the limits of restoration on DW1-C. WRC Comment: We support the protection and riparian buffer enhancement of this reach, which would protect a riparian corridor that would connect the Yadkin River to the site. Green Mesa Site —10/17/17 Overall the site has clear potential for functional uplift, but there are a few notable constraints including powerline easement and a large pond that will remain (landowner will not allow pond to be part of project). Because the pond will remain in place, RES and USACE discussed potentially retrofitting the riser structure to include a bottom pond drain to release cooler water. IRT members agreed the Green Mesa site is acceptable for compensatory mitigation, and final credit ratios will be determined in the Approved Mitigation Plan. Reach specific comments are below. • FF4 and FF 1-D: RES originally proposed restoration at a 1:1 ratio. The approach is a mix of Priority I and II restoration with potential for enhancement level I above the powerline based on bedrock in the channel. USACE said clearly justify rationale for restoration measures. • FF1-C: RES originally proposed enhancement II at a 2.5:1 ratio. DWR and USACE stated if channel was left in place and enhancement II approach was taken that it was likely for no credit to be given due to powerline and lack of buffer near the road. Group discussed starting restoration immediately below Baptist Church Road and RES agreed this was best option if feasible. WRC Comment: There was discussion of raising the bed elevation to lessen the DOT culvert perch. The discussion on lower FF1-C being too close to the road also applies to upper FF1-D. Turning the channel into the field upstream of where it turns now could allow R credit for both. • FF1-C (below pond): RES originally proposed enhancement II at a 2.5:1 ratio with an approach of cattle exclusion, buffer planting, and tying into the restoration area. There is a large stone wall in this reach with a culvert that might need to be retrofitted (if possible). Group agreed the best approach is probably to leave the wall in place and credit the enhancement at 3:1. USACE Comment: I agree with your summary for both areas above and below the pond. It's recommended that SHPO review this area (and the area where the other historic wall is in the buffer in FF1-A). • FF5: RES originally proposed enhancement III at a 5:1 ratio with an approach of cattle exclusion, invasive species treatment, and supplemental planting on right bank. DWR stated there is no cattle pressure and there is decent buffer on the banks, but invasives are problematic (high density of privet). WRC would like some of the black walnut removed and those areas replanted with a more diverse mix of native hardwood vegetation. USACE and DWR suggested a ratio of 7.5:1; however, if buffer planting and easement was extended to at least 100 feet a higher ratio could be approved. • FF3-A: RES originally proposed enhancement II at a 2.5:1 ratio with an approach of cattle exclusion and buffer planting. During the site visit RES suggested enhancement I at a 1.5:1 ratio with an added measure of bank stabilization to reduce shear stress and in - channel erosion. WRC agreed to rationale for enhancement I approach, but DWR stated that there isn't much work needed on this reach and a ratio of 5:1 is likely most appropriate (see FF3-B below). DWR Comment: I had FF3A and B combined at a ratio of 7.5:1. WRC Comment: We did not agree with the El approach, as this reach has a stellar riparian forest; definitely agree on an E3 approach here, as light tough is needed and riparian area is too nice to justify getting heavy equipment to address channel erosion. USACE Comment: Widening the buffer and invasives control are necessary here. My notes indicate a ratio of 5-7:5:1, depending on justification of functional uplift. The historic house in the buffer should be addressed. • FF3-B: RES originally proposed enhancement III at a 5:1 ratio with an approach of cattle exclusion and light supplemental planting. IRT suggested combining FF3-A and FF3-B into one reach and having the entire crediting approach be enhancement III at a 5:1 ratio. This area might be generating wetlands that RES would not be claiming credit. RES is currently delineating the site. DWR Comment: I had FF3A and B combined at a ratio of 7.5:1. USACE Comment: Widening the buffer and invasives control are necessary here. My notes indicate a ratio of 5-7:5:1, depending on justification of functional uplift, especially considering these enter the pond. A narrative of historical farming practices would be beneficial. • FF1-B: RES originally proposed enhancement III at a 5:1 ratio and Group agreed and stated to justify the uplift in the mitigation plan. WRC Comment: There is evidence of beaver here. • FF2: RES originally proposed preservation and Group agreed to a 7.5:1 ratio with an approach of fencing where needed. DWR Comment: DWR could go with 7.5:1 on the preservation (FF2) but would like to see the reach extended above the crossing at the top and fenced out. WRC Comment: There was a discussion on preserving a little more above the fence line and whether the old road would be planted/fenced. There was a question on the location of the property line and end of preservation. USACE Comment: Channel in good condition, USACE feels preservation at 10:1 is appropriate. The discussion of 7.5:1 would be entertained if the upstream portion excluded cattle, as well. • FF1-A: RES originally proposed enhancement II at a 2.5:1 ratio with an approach of cattle exclusion and buffer planting. While there might be some opportunities for bank work, the group agreed that the enhancement II approach was best based on the amount of bedrock in this reach. Twiman Site —10/17/17 IRT members agreed the Twiman site is acceptable for compensatory mitigation, and final credit ratios will be determined in the Approved Mitigation Plan. Reach specific comments are below. • TC2-A: RES originally proposed Enhancement I at 1.5:1 ratio with an approach of cattle exclusion, buffer planting, and bank stabilization. Group agreed to this approach. • TC2-B: RES originally proposed restoration at 1:1 ratio. Group generally agreed with this approach, but did note there is a section of potential enhancement I below the pond. Upon further data collection/analysis, RES will determine the best approach for this section of TC2-B. WRC Comment: The group discussed establishing the break between EI and R at the bedrock nickpoint. • TC1-A: RES originally proposed restoration at 1:1 ratio. Group agreed to this approach. • TC3-A: RES originally proposed Enhancement II at 2.5:1 ratio with an approach of cattle exclusion, buffer planting, invasive species treatment and spot stabilization. Group agreed to this approach with a ratio ranging from 2.5 to 3 to be justified in the mitigation plan. • TC1-B: RES originally proposed Enhancement III at 5:1 ratio with an approach of cattle exclusion and buffer planting. IRT suggested restoration as the approach. RES is open to examining restoration along this reach based on watershed size and design discharge. DWR Comment: these reaches should be restoration. If RES decides that restoration not feasible then the ratio for enhancement would be greater than 5:1, could be as high as 8:1. Planting outer 20 feet just does not do a lot for this system. USACE Comment: This channel is incised, poor substrate, no buffer, channelized, with an available floodplain. USACE & DWR feel restoration is appropriate. • TC4: RES originally proposed Enhancement III at 5:1 ratio with an approach of cattle exclusion and buffer planting. IRT suggested restoration as the approach. RES is open to examining restoration along this reach based on watershed size and design discharge. DWR Comment: these reaches should be restoration. If RES decides that restoration not feasible then the ratio for enhancement would be greater than 5:1, could be as high as 8:1. Planting outer 20 feet just does not do a lot for this system. USACE Comment: This channel is incised, poor substrate, no buffer, channelized, with an available floodplain. USACE & DWR feel restoration is appropriate. • TC5-B: RES originally proposed Enhancement II at 2.5:1 ratio with an approach of cattle exclusion, buffer planting, and minor spot stabilization. IRT suggested a lower ratio of 3:1 in some areas based on existing buffer condition. RES recommends potentially splitting the reach into different treatments based on level of intervention and will justify rationale in mitigation plan. • TC7: RES originally proposed Enhancement II at 2.5:1 ratio with an approach of cattle exclusion, buffer planting, invasive species treatment and spot stabilization. Group agreed to this approach with a ratio ranging from 2.5 to 3 to be justified in the mitigation plan. USACE Comment: 3:1 ratio would be more appropriate. • TC6: RES originally proposed Enhancement II at 2.5:1 ratio with an approach of cattle exclusion and buffer planting. This reach is in a deeply formed gully, but is currently stable with the exception of multiple headcuts at the top of the reach. DWR suggested "filling in" the reach to bring the bed up and credit as restoration with a 1:1 ratio. RES expressed concerns with filling in the gully because thee stream might lose jurisdictional status after construction with such a small watershed (roughly 20 acres). DWR Comment: Reach TC6 may not be a creditable reach. While I feel that the only beneficial treatment would be filling like a RSC approach it is likely the stream would lose flow. Planting the outer 20 feet for this reach would not be creditable enhancement either. USACE Comment: I would question whether there would be flow if the bed was raised with restoration. USACE would not release credit if the restored channel was not jurisdictional. The channel is part of the larger system, and the lower portions of this reach would benefit from cattle exclusion. I would suggest a lower EII ratio of 5-7.5:1. • TC5-A: RES originally proposed Enhancement III at 5:1 ratio with an approach of cattle exclusion and buffer planting. IRT agreed that this is an appropriate approach, but RES needs to clearly justify the rationale for the enhancement on this reach. DWR Comment: IRT suggested 7.5:1, would consider 5:1 if justified in mit plan. WRC Comment: RES will need to address the issue of cattle accessing land via passage under the bridge and the associated erosion. USACE Comment: USACE and DWR agreed that 7.5:1 would be more appropriate, unless 5:1 can be justified. Scout Site- 10/18/17 The Scout Site is located just upstream of the lower portion of the recently contracted DMS Mockingbird Site. While each project could be developed independently of the other, the combined easements will result in a better project and most importantly provide the opportunity to add over 2,000 linear feet of priority I restoration and limit the amount of priority II restoration on the Mockingbird Site. IRT members agreed the Scout site is acceptable for compensatory mitigation, and final credit ratios will be determined in the Approved Mitigation Plan. Reach specific comments are below. • HC3: Group agreed that restoration at 1:1 ratio is the best approach for this reach and including it will improve the development of the Mockingbird project. USACE commented that a hunting blind within the proposed easement area will need to be removed. There is an existing crossing that will be removed as part of the design. RES also showed a tributary that was not included in the prospectus that would be eligible for potential restoration credit at the tie-in with HC3, but would more likely be Enhancement II for the rest of the reach. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. liartos, Administrator Governor Roy Cooper Secretary Susi f-I. Hamilton November 7, 2017 Daniel Ingram Resource Environmental Solutions 302 Jefferson Street, #1 10 Raleigh, NC 27605 Re: RES Yadkin 01 Stream and Wetland Umbrella Mitigation Bank, ER 17-1991 Dear Mr. Ingrain: Thank you for your letter of July 7, 2017, concerning the above project. Office of Archives and I Iistoty Deputy Secretary Kevin Cherry 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, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or renee.gledhill-earley@ncdcr.gov. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, 122316Sii ORamona M. Bartos Location: 109 Fast Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 Memorandum to the Record October 6, 2017 Response to Public Notice and agency comments on the Prospectus to establish the RES Yadkin 01 Umbrella Mitigation Bank (SAW-2017-01462) in the Upper Yadkin River Basin HUC 03040101, North Carolina. Andrea, Thank you for the opportunity to provide feedback and comments on the Public Notice (SAW- 2017-01462) for the RES Yadkin 01 Umbrella Mitigation Bank (Bank) Prospectus. The bank Sponsor, Environmental Banc and Exchange, LLC wishes to establish a commercial umbrella mitigation bank to generate mitigation banking credits to provide compensatory mitigation for unavoidable impacts to aquatic resources associated with Section 404 permits within the Upper Yadkin River Basin HUC 03040101. The Bank consists of establishing five mitigation sites expected to provide approximately 6,373 cool Stream Mitigation Units (SMU) and 11,764 warm SMUs by restoring, enhancing and preserving over 29,800 linear feet of stream and riparian corridor. The project is designed to address stressors identified in the watershed and provide improvements and ecological uplift to water quality, hydrologic function and both aquatic and terrestrial habitat. The EPA Region 4 Ocean, Wetlands and Stream Protection Branch offers the following comments as they pertain to RES Yadkin 01 Umbrella Mitigation Bank Final Prospectus dated July, 2017 and the Public Notice dated September 6, 2017. • Section 1.4/Page 3: The project goals stated are too broad and somewhat vague. For example, the goal: "Nutrient removal" and a few others may be better presented as "Intercept, filter, minimize and potentially eliminate nutrients (such as...), sediment and other pollutants/pathogens before entering the aquatic environment". o The goal of "Improved aquatic and terrestrial habitat" is also vague and does not address any particular habitat or species of interest. Since we have cool water habitats being presented for restoration/enhancement then the goals should address the habitat types and rationale for considering them. o "Invasive species treatment" is more of an objective or action (and is stated as such in the document) to address the real goal of "Eliminate competition to native vegetation from exotic and invasive floral species". o I understand that many of the "goals" presented are at the prospectus level and not necessarily applicable to each site but without clear goals, the establishment of objectives and performance standards that relate back to the goals and functional uplift of the site becomes more challenging. • Section 3.7/Page 6: The last sentence should read: "If planted tree mortality affects 40 percent or greater of the initial planting in a stream or wetland restoration or enhancement area, then a remedial/supplemental planting plan will be implemented for the affected area(s)." This addresses "planted" vs. "volunteer" mortality and defines the starting point to consider mortality. • Section 5.1/Page 9: Be sure to continue coordinating the work at the Gideon Site with the Little Sebastian sites and ensure the Mitigation Plan is updated with relevant information about the adjacent restoration site. NCDMS' Little Sebastian site is now out on Public Notice, SAW-2017-01507, dated September 21, 2017. The Mitigation Plan should address how the Gideon Site will tie in with the adjacent restoration work so that the projects connect seamlessly and minimize disturbance to one another. • Section 5.4.7/Page 13: Be sure to identify the adjacent restoration work at the Little Sebastian site upstream and downstream of the project as a potential constraint. See comment above. • Section 5.5/Page 14: Table 6 does not match Figure 8. Be sure not to carry error forward into the Mitigation Plan for Gideon Site. • Section 5.5.1/Page 14: Second paragraph should state Enhancement Level II instead of Level I. I also recommend 50-foot riparian buffers be considered for this site due to the high potential for nutrients and fecal pathogens to enter the stream from the adjacent pasture. • Section 7.1/Page 21: SMU discrepancy should be corrected to match Table 6 on page 26. • Section 7.4.2/Page 22: Information on FF-5 is missing. • Section 7.5.1/Page 26: Enhancement Level I is not being utilized at the Green Mesa Site. Level II is proposed for Reach FF3-A. • Section 8.5.1/Page 34: Priority Level I is proposed for TC3-B only. Be sure to note pond removals in this paragraph and restoration plan in general. • Section 8.5.1/Page 35: Enhancement Level II includes TC3-A also. • Section 9.1/Page 36: Recommend continuing to coordinate with NCDMS and the adjacent Mockingbird site currently out on Public Notice (SAW-2017-01505) dated September 15, 2017. The Mockingbird site is considering a Priority II approach to restoration along Hauser Creek at the terminus of the Scout Site which is considering Priority I approach on Hauser Creek (HC3). I agree that the sites can be developed independently but they should complement each other and provide for a seamless transition as one moves downstream from Scout to Mockingbird. • Section 9.4.7/Page 39: See comment above. Thank you for the opportunity to provide feedback, comments and concerns with the RES Yadkin 01 Umbrella Mitigation Bank Prospectus and associated proposed sites to provide compensatory mitigation in the Upper Yadkin River watershed of North Carolina. I believe the sponsor has provided a viable plan to offset warm and cool water stream impacts that will be incurred within the proposed service area. If you or the sponsor have any questions or need clarification on any of the comments stated above, please contact me at 404-562-9225 or at bowers.todd@epa.gov. Best Regards, Todd Bowers Comments submitted to Andrea Hughes (SAW -PM) via email on October 6, 2017. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry June 28, 2018 Cara Conder Resource Environmental Solutions 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Re: Identification of Stone Wall Features, Green Mesa Mitigation Site, RES Yadkin 01 Stream and Wetland Umbrella Bank, Yadkin County, ER 17-1991 Dear Ms. Conder: Thank you for your submission concerning the above referenced project. We have reviewed the information provided and offer the following comments. Two dry -stacked stone wall features were identified in the Area of Potential Effects for the proposed Green Mesa mitigation site. Thank you for bringing these features to our attention. They have been recorded with the North Carolina Office of State Archaeology as archaeological sites 31YD224 (Reach FF1-A) and 31YD225 (Reach FF1-C). No earthwork or heavy equipment are planned in the immediate vicinity of either site. Based on the information provided, the proposed mitigation activities will have no effect on any historic properties eligible for listing in the National Register of Historic Places. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review@a,ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, ),tuo.kLa-ci(1106 /Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 fires June 12, 2018 Renee Gledhill -Earley North Carolina State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Dear Ms. Gledhill -Earley: 302 Jefferson St. Suite 110 Raleigh, NC 27605 Corporate Headquarters 5020 Montrose Blvd. Suite 650 Houston, TX 77006 Main: 713.520.5400 The Green Mesa Site has been identified by Resource Environmental Solutions, LLC (RES) to provide compensatory mitigation for unavoidable stream impacts. The proposed project involves the restoration, enhancement, and preservation of approximately 8,350 linear feet of stream. The prospectus for the RES Yadkin 01 Stream Umbrella Mitigation Bank was submitted to the NC Interagency Review (IRT) Team in July 2017. As part of that process SHPO responded on November 7, 2017 that a review of the project has been conducted and are not aware of any historic resources which would be affected by the project (Tracking #ER17-1991). The five sites under the proposed RES Yadkin 01 Umbrella Bank had IRT site visits October 16-18, 2017. During the site visit it was noted that the Green Mesa Site has two stone walls that would need further coordination with SHPO. One stone wall is located on Reach FF1-C (north of the pond) and this entire wall is intact and has a culvert. It was noted during the site visit to possibly retrofit this culvert, but the IRT and RES agreed to leave the culvert in place and adjust the credit ratio. The mitigation treatment on this reach is Enhancement II and would involve cattle exclusion and riparian buffer planting. There will not be any earthwork or equipment in this area. The other stone wall is remnants of a stone wall on Reach FF1-A (reach to the farthest west). The mitigation treatment on this reach is also Enhancement II with an approach of cattle exclusion and riparian buffer planting. There will not be any earthwork or equipment in this area. These two areas are called out on the attached map and photos of both areas are included in this letter. If you would like the regular size photo for any of these please let me know. The landowners have lived on the property for four generations. The current landowner, Arlene Frazier said her great grandfather (Duke Frazier) helped build the lower dam crossing with paid laborers on Reach FF1-C. It was built as a creek crossing and the driveway crossed it until the USACE dam was built. The current landowners do not have any information about the dam/stone wall remnants on Reach FF1-A. Thank you, Cara Conder RES 919-209-1052 res.us w k,' ,-,-„,. ., , (,- .. ik,, , , ..„ . , , L a, ,c'° , g .4 ', i N w ram` 4 111k 4. am , -''' ', • .„,k,\-:.,, -,,,,,„ „...,,, ,...,„,,, „, .,,,,,,, „7, , ,.•., „., , ,„,,„4....„. „ ---7-- ---4... , , ,,,,_,..,-... ,.., ,, ......, , • Historic Crossin , ,gPp �� - Inset A �� , ,, .1 ti Relic Wall �; , Inset B _.: " iiii V 4 / � ► 5.,�. �, . Legend f' � Proposed Easement , Project Streams 5. N Existing Conditions Date: 6/12/2018 �� E 1.....1 W+ «�'-��w�C� g Drawn by: MDE N +`�~~`�►:r ;�,��'�� 5 Green Mesa Mitigation Site rs y V4'a#` 0 250 500 Checked by: uuu Il Yadkin County, North Carolina 1 inch=500 feet Feet / W,....6 I_ I 1 i .IP ' . ti • . 19' ' ' i A. k . 'LI;ll• v i; wr 1 'IL4.. - 11 kalik, • , R $ i . ti' r4. t Historic Crossing l '�!• 'ks ,M , % 1, , A,...,.. y ' - '. '• ' ►►• s1 • , 1r1 10 . • \ : k. 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Li N Date: 6/12/2018 -',1- Existing Conditions-Inset B .: -,oPangrAlq.167$01 W+E Drawn by: MDE E. _AILADIVIN W44"(40 :I', ir.00.‘&7474111*-411 4v Green Mesa Mitigation Site r, s ..... s Checked by: xxx irlit 0 25 50 il 11 Yadkin County, North Carolina 1 inch=50 feet Feet Photos of intact stone wall near Reach FF1-C. Third photo is a close- up of the wall. , ,,,it ‘ "" s � 7 - 1■ ' Imo' - � } �l ----"' '4— .0..., ,,,,,_,.. „..,.....,„,v,„ ., ..,_,.-,... -..,,,_. _„ _,...*,,,, ,, . „..., ..._ „,-,A3.....„,...::::„ :„. \ _.,_ ... , _ ...... ___, „.' ' ''\ ‘.- iVA -.cr...-- •+•:',.''',,' QS 4 wx L' t-.. t i; F ii axe � f t{ ' ._ is I �fr + ,,ti l p a A t +y, ,1 7 / -*Z 1 per^ -� � 4- .:-� -+ _ f I: 4. ) -. • *1 y - . 4 lb kTM r i:; 1 t 6 ti 7 ti 1 • s , litt A { 1 ! • f a , littt 6 II T tliqs I 'i4its. rr1-4474t_ 1't '• :.'' .A • . t., ...If'. 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I es SAS - , cif r vS q +,1y ,6. r j � Neil,` fiT s } � - � - .sue y a x t From: DCR - Environmental_Review To: Cara Conder Subject: [EXTERNAL] RE: [External] Tracking # FR17-1991 Green Mesa Date: Tuesday, July 17, 2018 2:32:52 PM Attachments: imaae001.Dnq ER 17-1991.pdf Our response is attached. Thank you. Renee Shearin Environmental Review Technician, State Historic Preservation Office North Carolina Department of Natural and Cultural Resources (919) 807-6584 Office renee.shearin@ncdcr.gov 109 East Jones Street 1 4603 Mail Service Center Raleigh, North Carolina 27699 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Please submit all Environmental Review projects to environmental.review@ncdcr.gov. Only one project per email. Allow at least 30 days for our review. We try hard to complete the reviews in fewer days, but under state and federal regulations we have a mandatory 30 days. See http://www.hpo.ncdcr.gov/er/er email submittal.html for guidelines on submitting projectsfor environmental review. Do not send .zip, .tif files, downloads, or links to websites as we are not able to process these types of items. The message size, including all attachments, should be no larger than 20 megabytes. From: Cara Conder [mailto:cconder@res.us] Sent: Tuesday, July 03, 2018 11:39 AM To: DCR - Environmental_Review <Environmental.Review@ncdcr.gov> Subject: RE: [External] Tracking # FR17-1991 Green Mesa CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Hi Renee, Thank you for the quick response. After our initial review request was sent to SHPO we had a follow- up site visit with the stream engineer and there is some proposed minor bank stabilization work to be done on Reach FF1-A to prevent future erosion and instability. The proposed work would involve grading the banks and there are three proposed spots for this. Page 3 of the attached PDF shows the zoomed in area on Reach FF1-A (this was in original correspondence). One area is about 75 feet upstream of the wall on the opposite side of the stream bank (the wall is on the left bank and the proposed grading is on the right bank). Another spot is about 75 downstream of the wall and we'd be smoothing the banks. The third spot is about 400 feet downstream of the wall and would involve grading the banks. The stone wall remnants would not be impacted and no work is proposed immediately in the vicinity of the wall (75 feet away). Please let me know if you need any additional information. Thank you, Cara Cara Conder Project Manager RES 1 res.us Direct: 919.209.1052 1 Mobile: 843.446.2312 From: DCR - Environmental_ Review [mailto:Environmental.Reviewl@ncdcr.gov] Sent: Friday, June 29, 2018 12:10 PM To: Cara Conder <cconderl@res.us> Subject: [EXTERNAL] RE: [External] Tracking # FR17-1991 Green Mesa Our response is attached. Thank you. Renee Shearin Environmental Review Technician, State Historic Preservation Office North Carolina Department of Natural and Cultural Resources (919) 807-6584 Office renee.shearin@ncdcr.gov 109 East Jones Street 1 4603 Mail Service Center Raleigh, North Carolina 27699 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Please submit all Environmental Review projects to environmental.review@ncdcr.gov. Only one project per email. Allow at least 30 days for our review. We try hard to complete the reviews in fewer days, but under state and federal regulations we have a mandatory 30 days. See http://www.hpo.ncdcr.gov/er/er_email_submittal.html for guidelines on submitting projectsfor environmental review. Do not send .zip, .tif files, downloads, or links to websites as we are not able to process these types of items. The message size, including all attachments, should be no larger than 20 megabytes. From: Cara Conder [mailto:cconder( res.us] Sent: Tuesday, June 12, 2018 4:01 PM To: DCR - Environmental_Review <Environmental.Review( ncdcr.gov> Cc: Gledhill-earley, Renee <renee.gledhill-earley(Wncdcr.gov> Subject: [External] Tracking # FR17-1991 Green Mesa CAUTION: Exte - - - -- ' - of click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. Good afternoon, Please find attached a letter with additional information regarding the Green Mesa mitigation site. This site is a potential mitigation bank site and has already been reviewed by SHPO as part of the prospectus process. During an IRT site visit two walls were identified on stream reaches and the IRT requested further coordination with SHPO. The attached letter, maps, and photos have all the additional information. If you have any questions please let me know. Thanks, Cara Cara Conder Project Manager RES 1 res.us Direct: 919.209.1052 1 Mobile: 843.446.2312 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry July 17, 2018 Cara Conder Resource Environmental Solutions 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Re: Stream Bank Grading in Reach FF1-A, Green Mesa Mitigation Site in Yadkin Umbrella Bank, Yadkin County, ER 17-1991 Dear Ms. Conder: Thank you for your submission concerning the above referenced project. We have reviewed the information provided and offer the following comments. One dry -stacked stone wall feature (31YD224) is located in Reach FF1-A of the subject mitigation site. Based on the information provided, earthwork will take place 75 feet from 31YD224, but not in the immediate vicinity of the wall itself. We find this 75-foot distance sufficient to buffer site 31YD224 from disturbance associated with the proposed stream bank grading. Therefore, the proposed mitigation activities will have no effect on any historic properties eligible for listing in the National Register of Historic Places. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review@a,ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 12ILLIaL )14cAkca-WtA ifeRamona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 x 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 In Reply Refer To: Project code: 2022-0073375 Project Name: Green Mesa Subject: Consistency letter for the 'Green Mesa' 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 Megan Engel: The U.S. Fish and Wildlife Service (Service) received on August 10, 2022 your effects determination for the 'Green Mesa' (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"' 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(0). 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. August 10, 2022 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: • Monarch Butterfly Danaus plexippus Candidate • Schweinitz's Sunflower Helianthus schweinitzii Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. 08/10/2022 IPaC Record Locator: 718-23965965 [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)]. 08/10/2022 IPaC Record Locator: 718-23965965 3 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Green Mesa 2. Description The following description was provided for the project 'Green Mesa': Stream mitigation in Yadkin County Approximate location of the project can be viewed in Google Maps: https://www.google.com/ maps/@36.21526849347764,-80.71745491661954,14z 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. 08/10/2022 IPaC Record Locator: 718-23965965 4 Determination Key Result Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Qualification Interview 1. 2. 3. 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 4. Have you contacted the appropriate agency to determine if your project is near a known hibernaculum or maternity roost tree? Location information for northern long-eared bat hibernacula is generally kept in state Natural Heritage Inventory databases — the availability of this data varies state -by -state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. A web page with links to state Natural Heritage Inventory databases and other sources of information on the locations of northern long- eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/ mammals/nleb/nhisites.html. Yes 5. Will the action affect a cave or mine where northern long-eared bats are known to hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or other alteration) of a hibernaculum? No 6. Will the action involve Tree Removal? Yes 7. Will the action only remove hazardous trees for the protection of human life or property? No 8. Will the action remove trees within 0.25 miles of a known northern long-eared bat hibernaculum at any time of year? No 08/10/2022 IPaC Record Locator: 718-23965965 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 08/10/2022 IPaC Record Locator: 718-23965965 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 1.0 5. If known, estimated acres of timber harvest from April 1 to October 31 6. If known, estimated acres of timber harvest from June 1 to July 31 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 08/10/2022 IPaC Record Locator: 718-23965965 7 IPaC User Contact Information Agency: Resource Environmental Solutions LLC Name: Megan Engel Address: 3600 Glenwood Ave. Address Line 2: Suite 110 City: Raleigh State: NC Zip: 27605 Email mengel@res.us Phone: 9098447122