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HomeMy WebLinkAbout20201865 Ver 1_USACE Jurisdictional Determination_20230313U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-02051 County: Macon U.S.G.S. Quad: Prentiss GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: NC Division of Mitigation Services Attn: Mr. Lin Xu Address: 217 West Jones Street, Suite 3000A Raleigh, North Carolina 27603 Telephone:919-707-8319 Size (acres) 18 Nearest Waterway Jones Creek USGS HUC 06010202 Permittee: Wildlands Engineering, Inc. Attn: Ian Eckardt Address: 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Telephone 704-332-7754 Nearest Town Franklin River Basin Little Tennessee Latitude:35.1036224°N Longitude:-83.4535805°W Location description: The NCDMS Cornbread Valley Mitigation site is located 6 miles southwest of the town of Franklin off North Jones Creek Road and Allision Watts Road in Macon County, North Carolina (PIN 6562715245, 6562725090). Description of projects area and activity: The co -applicants, NCDMS and Wildlands Engineering, Inc have requested a Department of the Army permit authorization to discharge dredged and/or fill material into waters of the United States associated with the NCDMS Cornbread Valley Mitigation Site. Implementation of the proposed restoration and enhancement activities will result in the discharge of fill material into 8,596 linear feet of stream channel, and 1.609 acres of wetlands associated with mechanized land clearing, excavation, placement of fill material, and stream relocation activities for the mitigation site. Compensatory mitigation is NOT required in conjunction with the aforementioned activities. Refer to the enclosed Table 1 for a detailed summary of impacts Applicable Law: v Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment Activities SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated January 06, 2023. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or SAW-2020-02051 regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807- 6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Casey Haywood, (919) 750-7397 Casey M. Digitally signed by CaseyM. Haywood Corps Regulatory Official: Haywood Date: 2023.03.1011:39:52-05'00' Date: March 10, 2023 Expiration Date of Verification: March 14, 2026 SAW-2020-02051 Table 1. Authorized discharge of fill material into waters of the United States in association with the NCDMS Cornbread Valley Mitigation Site (SAW-2020-02051). 1. Total Impacts: Stream — 8,596 LF, Wetland 1.609 ac 2a. Site#* i 2a9 Reason' 2tr. Impact type' 2c. Type of W.y 2d. W. name's 2e. Forested* 2f. Type of Jurisdicition * 29. Impact area* W1 Flood plain Gradir T • I Headwater Forest A Yes • Bon• 0.132 (acres) W2 Stream Restorati, P • I I Headwater Forest •A No •1 Both T 0.023 (acres) W3 Flood plain Gradir T • Bottamland Hardwood Forest • B No • Both • 0.129 • (1 W4 Stream Restorati, I P • 1 I Bottomland Hardwood Forest ■ B I No • Both • 0_000 {acres] W5 Floodplain Gradir r • Bottomland Hardwood Forest • C Yes • Both ■ 0.038• [acres] W6 Stream Restorati, P • 1 Bottomland Hardwood Forest 71 C Yes ] Both • 0.002 (acres) W7 Flood plain Gradir r • I I Bottomland Hardwood Forest ■ I D Yes ■ I Both _• 0.006 • facres] W8 Stream Restorati, P • Bottomland Hardwood Forest • D Yes • Both • 0.000 (acres) W9 Roodplain Gradir r • I I Bottomland Hardwood Forest ■ E Yes • Both • D.003 • (acres) W1D Floodplain Gradir r • I Headwater Forest • F Yes • Both ■ 0.027 • () W 11 Stream Restorati, P • 1 Headwater Forest • F Yes • Both • 0.001 facres) W12 Floodplain Gradir r • Headwater Forest • G Yes • Both ■ 0.030 [ems] W13 Stream Restorati P • Headwater Forest ■ G Yes • Both • 0.003 lea W14 Roodplain Gradir r • 1 IHeadwater Forest • H IYes ■ I Both • 0_053 [) W15 Stream Restorati P • H eadwater Forest • H Yes ■ Both • 0_004 acres} W16 Floodplain Gradir T • I Headwater Forest • I Yes • Bath • 0.017 acres} W17 Floodplain Gradir IT • Headwater Forest • .t Yes ■ Both • 0.002 I(axes) W 18 Wetland/FloodpIE r r ■ ' ( seep 7 K I I Na •• Both 0.131 (axes) W19 Stream Restoratil P • (seep • K No • Both • 0.007 (ames) W20 Stream Restoratil P • seep • L I No 7 Both • 0_002 (acres) SAW-2020-02051 • r W21 Bank G rading/al T ■ I I Bottomland Hardwood Forest ■ M Na 0.014 (acres) 1 W22 Stream Restorati P • Bottomland Hardwood Forest • M No • 1 1 Both 'I 0.001 ter W23 Floodplain Gradir T ■ I I Bottomland Hardwood Forest • N No ■ Both • I 0.194 acres i W24 Bank Repair/Con 'r • Headwater Forest • 0 Yes r Both • 0.056 1 () W25 Construction Acc T ■ 1 I Headwater Forest ■ P Yes • Both • 0.012 loxes. W26 Roodplain Gradir T • Bottomland Hardwood Forest ■ Q No • Both • r 6_012 ter W27 Stream Restorati P • 1 I Bottomland Hardwood Forest *1 Q No • Both • I 6_015 tit W28 Crossing Fill `P • Headwater Forest • R Yes ■ Both • 1 0.015 r(acres) W29 Floodplain Gradir I' - ■ 1 I Bottomland Hardwood Forest r S No ■ Both • I 0.016 it W30 Construction Acc T ■ I Bottomland Hardwood Forest • T No • I Both • I 0.014 (axes) IW31 Stream Restorati P • Bottomland Hardwood Forest • T No H Both • 0.001 ter W32 Roodplain/Wetlail T • I seep • 1 U No • I Both • 6_168 tit IW33 Stream Restorati P • seep • U No • )Both •I 0.046 (tea W34 Floodplain Gradir T ■ I I Bottomland Hardwood Forest • V No • I i— Both ■ 0.078 () 1 W35 Flood plain/Wetla 'T • I Bottomland Hardwood Forest • J X No • Both • 0.257 () W36 Stream Restorati) P • I I Bottomland Hardwood Forest• X No Both • 1 0.022 tit 1 W37 Floodplain Gradir T r Seep • Y No • 1 1 Both • 0.004 i IW38 Floodplain Gradir T ■1 IseeP •I Z Yes I Both • 0.005 axes W39 Bank Grading/So P r seep • II Z Yes • Both • 0.002 (acres) W40 Floodplain Gradir T ■ 1 Headwater Forest ■ AA No • � �— Both • 0_025 Ij (ames) W41 Stream Restorati P • Headwater Forest ■ AA No • Both ■ 0.008 • (acres] W42 Floodplain Gradir T •' I Headwater Forest • BB Yes • Both • 0.006 • (acres) P • Headwater Forest • • W43 Stream Restorati BB Yes • Both 0.001 i axes T W44 Floodplain Gradir • I Seep • CC No • Both 0.009 (axes) W45 Floodplain Gradir r • Seep • ❑D Yes • Both • 0_010 • (tea SAW-2020-02051 7 3a. Reason for impact* [': 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* r?) 3f. Type of Jurisdiction* 3g. S. width* 3h. Impact length * si J Both • Stream Restoration i Permanent • 1 Relocation Jones Creek Perennial • 33 1,817 Average (feet) *ear fit) 52 Permanent • I Relocation • 1 I Perennial • Both • Ford Installation Jones Creek 33 16 Average (feet) ) 53 Bank GradingfTe In (Temporary ■ I Stabilization • 1 Jones Creek I Perennial • Both • 33 646 Average (feet) {blear feet) 54 Ford Installation Permanent • Relocation • Jones Creek Perennial • Both • 33 16 Average (feed) 55 Stream Restoration Permanent • Relocation • 1 UT1 Perennial • Both • 7 1,056 Average (feet) ;linear feet) s& I Permanent • Perennial • Both • Culvert Installation Culvert • UT1 7 3D I Average (feet) (blear feet) S7 Stream Restoration Permanent • I Relocation • I UT1A Perennial • Both • 1 173 Average ;feet] ;I'near feet) sa Stream Restoration Permanent ■ Fill UT1 C Intermittent • Both • 1 88 Average (feet) (linear f) sa• * 1 Stream Restoration Permanent • Fin UT1 B Intermittent • Both ■ 1 55 Average (feet) (Truer t) S10 Stream Restoration Permanent • Relocation • UT2 Perennial • Both • 5 946 Average (feet) {blear leek) 511 Culvert Installation Permanent • I Culvert • 1 UT2 I Perennial • Both q 5 25 Average (feet) ) S12 Stream Restoration Permanent • Relocation • UT2A Perennial ■ Both ■ 5 500 Average (feet)) S13 Relocation • I Perennial • Stream Restoration [ Peranent • I UT3 Both • 7 1,251 Pmerage (feet) t) s14 Culvert Installation Permanent • Culvert • UT3 Perennial ■ Both ■ 7 2D Average (feet) (Tnear feet) 51s Culvert Installation Permanent ■ Culvert •] UT3 Perennial • Both • 7 2D Average (feet) (liner feet) S16 i Permanent ■ Perennial ■ Both • Culvert Installation Culvert • UT3 7 24 Average (feet) r t) S17 Bank Grading Temporary • Bank Stabilization • UT3 Perennial • Both • 7 200 Average;•reel: [I near feet) S10 Stream Restoration Permanent ■ Relocation ■ UT3A Intermittent ■ Both ■ 5 75 Average (feet) () S19 Permanent • I Relocation * t I Perennial • Stream Restoration UT3A . Both ■ 5 48D Average [feet) (blear feet) S20 Bank Grading Temporary • Bank Stabilization • UT3B Intermittent • Both • 5 18 Average [feet] {blear feel) 521 Permanent • I Relocation • 1 Perennial • Stream Restoration UT3B Both • 5 348 Average (feet) (Tr feet) 522 Bank Grading Temporary • Bank Stabilization • UT3B Perennial • Both 1 5 55 Average (feet) *war feet) s23 Bank Grading Temporary • Bank Stabilization = UT3B1 Perennial • Both • 2 77 • Average (feet) &war feet) S24 • Stream Restoration Permanent • Relocation UT3C Perennial • Both • 5 561• Average ;feet) *war feet) SAW-2020-02051 525 Culvert Installation Permanent • Culvert • UT3C Perennial • Both • 5 20 i Average (feet) ttnearfeet) 526 Stream Restoration I Permanent • Fil * I UT3D Intermittent • Both 1 47 Average ifeet) 1near feet) 527 Bank Grading Temporary • Bank Stabilization • UT3E Intermittent • Both • 1 36 Average (feet) Omar feet) *Impacts are associated with aquatic resource restoration and enhancement activities and are expected to result in a net gain in Waters of the US. SPECIAL CONDITIONS 1. The permittee understands and agrees that the document entitled "MITIGATION PLAN Final, Cornbread Valley Mitigation Site" dated December 22, 2022, is incorporated and made part of this permit. Execution of the work and terms given in the approved mitigation plan are a condition of this permit. 2. In -stream activities must be avoided during the trout moratorium of October 15 to April 15. Please review the attached North Carolina Wildlife Resources Commission letter dated February 10, 2021. 3. The following conservation measures are hereby incorporated as special conditions of this permit: (1) trees will be removed from October 15 — April 1 outside of the bat active season for tree -roosting species, (2) no artificial lighting will be added to the action area, and (3) no night work will occur. Additionally, adequate measures to control sediment and erosion must be implemented prior to any ground disturbing activities in order to minimize effects on downstream aquatic resources. Please review the attached United States Fish and Wildlife Service letter dated March 03, 2021. 4. This Nationwide Permit verification does not imply suitability of this property for compensatory mitigation for any particular project. The use of any portion of this site as compensatory mitigation for a particular project will be determined during the permit review process for that project. SAW-2020-02051 COMPLIANCE CERTIFICATION Action ID Number: SAW-2020-02051 County: Macon Permittee: NC Division of Mitigation Services Attn: Mr. Lin Xu Project Name: NCDMS Cornbread Valley Mitigation Site Wildlands Engineering, Inc Attn: Ian Eckardt Date Verification Issued: March 10, 2023 Project Manager: Casey Haywood Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Regulatory Division Mitigation Office Attn: Casey Haywood 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date 4 North Carolina Wildlife Resources Commission Cameron Ingram, Executive Director February 10, 2021 Kirsten Gimbert Wildlands Engineering, Inc. 1430 S. Mint St, Suite 104 Charlotte, NC 28203 SUBJECT: Cornbread Valley Mitigation Site Dear Ms. Gimbert: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) received your February 2, 2021 letter regarding plans for a stream mitigation project on Jones Creek and six unnamed tributaries in Macon County. I visited the site on January 26, 2021. You requested that we review and comment on any possible issues that might emerge with respect to fish and wildlife from the potential restoration project. Our comments on this project are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). According to project documents received before the site visit, the project is proposed as a mitigation project and will involve restoration/enhancement on nearly 4,250 ft of stream. Livestock will be excluded, riparian vegetation established, best management practices installed to control agricultural runoff, and various strategies to improve bank stability and in -stream habitat will be used. There are wild Brown Trout and Rainbow Trout in the project vicinity, and in -stream activities should be avoided during the trout moratorium of October 15 to April 15. This project is just upstream of the Cartoogechaye Creek Aquatic Habitat, a natural area rated as High by the NC Natural Heritage Program due to the richness of aquatic species it supports. Near the site, Jones Creek supports Eastern Hellbender [Cryptobranchus alleganiensis, US Federal Species of Concern (FSC), NC Special Concern (SC)], Little Tennessee River Crayfish (Cambarus georgiae, US FSC, NC SC), and Smoky Dace (Clinostomus sp., US FSC, NC SC). The project has the potential to benefit this important stream community, but it is especially important to use excellent erosion and sediment control on the site to minimize impacts to the same community. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Cornbread Valley Mitigation Site Page 2 February 10, 2021 Jones Cr, Macon Co. We recommend incorporating any wetland restoration/enhancement possible into the project. In addition, we recommend establishing buffers as wide as possible to maximize buffer benefits such as bank stability, stream shading, treatment of overland runoff, and wildlife habitat. Thank you for the opportunity to review and comment on this project. Please contact me at (828) 400-4223 if you have any questions about these comments. Sincerely, Andrea Leslie Mountain Region Coordinator Habitat Conservation Program United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Suite B Asheville, North Carolina 28801 March 3, 2021 Kirsten Gimbert Wildlands Engineering, Inc. 1430 South Mint Street, Ste. 104 Charlotte, NC 28203 kgimbert@wildlandseng.com Subject: Proposed Stream Mitigation in Jones Creek and Unnamed Tributaries in Macon County, North Carolina Dear Ms. Gimbert, The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your email correspondence dated February 2, 2021, wherein you solicit our comments regarding project -mediated impacts to federally protected species. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 15311543) (Act). Project Summary Wildlands Engineering proposes to conduct stream restoration and enhancement activities on a portion of Jones Creek and six unnamed tributaries to Jones Creek in Macon County, North Carolina. This, along with aerial and topographic maps of the project area, was the only information provided. We offer the following recommendations in the interest of protecting federally threatened and endangered species, migratory birds, as well as other fish, wildlife, and natural resources. Federally Listed Endangered and Threatened Species Suitable summer roosting habitat may be present in the project area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. Although not required, we encourage you to conduct any tree clearing activities outside the pup season (June 1 to July 31) and/or active season (April 1 to October 15) to reduce the chance of impacting unidentified maternity roosts. In accordance with section 7 (a)(2) of the Act and 50 CFR Part 402.01, before any federal authorization/permits or funding can be issued for this project, it is the responsibility of the appropriate federal regulatory/permitting and/or funding agency(ies) to determine whether the project may affect any federally endangered or threatened species (listed species) or designated critical habitat. A species list for counties in North Carolina can be found online here: https://www.fws.gov/raleigh/species/cntylist/nc_counties.html. If it is determined that this project may affect any listed species or designated critical habitat, you must initiate section 7 consultation with this office. Species of concern are not legally protected under the Act and are not subject to any of its provisions, including section 7, unless they are formally proposed or listed as endangered or threatened. We offer the following general recommendations on behalf of natural resources: Smoky Dace and Little Tennessee River Crayfish Receiving waters directly below the project waters (Jones Creek) support smoky dace (Clinostomus sp.) and Little Tennessee River Crayfish (Cambarus georgiae). These species are not currently afforded legal protection under the Act, but are designated as species of North Carolina Special Concern. Threats to these species are associated with sedimentation resulting from development and poor land management practices. We encourage you to solicit comments from the North Carolina Wildlife Resources Commission regarding potential project -mediated impacts to state -protected natural resources. Migratory Birds The MBTA (16 §U.S.C. 703-712) prohibits the intentional taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests, except when specifically authorized by the Department of the Interior. To avoid impacts to migratory birds, we recommend conducting a visual inspection of any migratory bird nesting habitat within the project area during the migratory bird nesting season of March through September and avoiding impacting the nests during the migratory bird nesting season. If birds are discovered nesting near the project area during years prior to the proposed construction date, we recommend that you and the NCDOT, in consultation with US Fish and Wildlife Service, develop measures to discourage birds from establishing nests within the project area by means that will not result in the take of birds or eggs; or avoid construction activities during the nesting period. Stream Channel and Bank Restoration Adequate measures to control sediment and erosion must be implemented prior to any ground - disturbing activities in order to minimize effects on downstream aquatic resources. In North Carolina, non -cohesive and erosion prone soils are most common in the felsic-crystalline terrains of the mountain and upper piedmont regions. Therefore, reconstruction work should be staged such that disturbed areas would be stabilized with seeding, mulch, and/or biodegradable (coir) erosion -control matting prior to the end of each workday. No erosion -control matting or blankets should contain synthetic (netting) materials as they trap animals and can persist in the environment beyond their intended purpose. Matting should be secured in place with 2 staples; stakes; or, wherever possible, live stakes of native trees. If rain is expected prior to temporary seed establishment, additional measures should be implemented to protect water quality along slopes and overburden stockpiles (for example, stockpiles may be covered with plastic or other geotextile material and surrounded with silt fencing). Erosion and Sedimentation Control Construction activities near streams, rivers, and lakes have the potential to cause water pollution and stream degradation if measures to control site runoff are not properly installed and maintained. In order to effectively reduce erosion and sedimentation impacts, best management practices specific to the extent and type of construction should be designed and installed during land disturbing activities and should be maintained until the project is complete and appropriate stormwater conveyances and vegetation are reestablished on the site. A complete design manual, which provides extensive details and procedures for developing site specific plans to control erosion and sediment and is consistent with the requirements of the North Carolina Sedimentation and Pollution Control Act and Administrative Rules, is available at: http://portal.ncdenr.org/web/lepublications For maximum benefits to water quality and bank stabilization, riparian areas should be forested; however, if the areas are maintained in grass, they should not be mowed. We recommend planting disturbed areas with native riparian species. The U.S. Fish and Wildlife Service can provide information on potential sources of plant material upon request. If you have questions about these comments please contact Ms. Holland Youngman at Holland_Youngman@fws.gov. In any future correspondence concerning these projects, please reference our Log Number 4-2-21-152. Sincerely, Janet Mizzi Field Supervisor 3