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HomeMy WebLinkAbout20150756 Ver 1_401 Application_20150715F °sv Fm AY July 23, 2015 Ms. Karen Higgins NC DENR Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699 -1650 Providing Sound Environmental Solutions RE: Memorial Park Enhancement Project - NWP 18/27; GC 3885/3890 Application North Wilkesboro, NC (Wilkes Co.) Ms. Higgins, 5902 Highway 421 South Mountain City, TN 37683 ph /fax: 423.727.4476 adam @bfec.org Enclosed find 4 copies of the referenced project permit /PCN application. Also enclosed please find a $570.00 check specific to the general water quality certification permit application fee. If you have any questions give me a call at 423.727.4476. Sincerely, JUL 2 9 . D 2015 DFNR- Adam Williams, PWS 4 °' 8 s� 771,, .c.;, EIp ' fiC�a Al ;F A, Providing Sound Environmental Solutions 5902 Highway 421 South Mountain City, TN 37683 (`► �, - - ph /fax: 423.727.4476 Carrie @bfec.org a July 23, 2015 Ms. Tasha Alexander US Army Corps of Engineers 151 Patton Avenue; Room 208 Asheville, NC 28801 -5006 RE: Memorial Park Enhancement Project Nationwide 18 and 27 Application North Wilkesboro, NC 2 0 1 5 0 7 5 6 Ms. Alexander, Enclosed please find the referenced project NW permit applications 18 (Minor Discharges) and 27 (Aquatic Habitat Restoration, Establishment, and Enhancement Activities) with the following attachments: 1) US Army Corps Submittal Cover Sheet 2) Pre - Construction Notification Form 3) Agent Authorization Form(s) 4) Location Map 5) Jurisdictional Determination Form, NCDENR Jurisdictional Finding 6) Site Plan - Proposed and Existing Conditions and Typical Details 7) Site Photosheets 8) NC Floodplain Mapping DFIRM Panel q{ �X5l�w S (Le'�. Q G This project proposes approximately 140 linear (In) ft of culvert pipe at a very incised and unstable portion of an Un -named Tributary (UT) to the Yadkin River to eliminate pedestrian safety concerns and provide a stable area for pedestrian travel along Wilkesboro Ave (see Photosheets). The culvert option has been proposed for this 140 In ft reach given these concerns, as well as restrictions that the adjacent commercial developments and parking areas place on sloping and benching activities to stabilize the reach. This project also proposes approximately 480 In ft of stream enhancement along UT- Yadkin River, downstream of the culvert pipe outlet, which will stabilize erosive streambanks and re- establish riffle -pool sequencing, natural channel structures, and riparian forest. This project is being performed for the Town of North Wilkesboro and Ferrell Gas, LLP., a private natural gas provider, on public and private property. This project is being funded by a NCDENR Division of Water Resources grant, a Community Conservation Assistance Program (CCAP) grant administered by Wilkes County Soil and Water, and private funds from the aforementioned landowners. Brushy Fork Environmental Consulting will be the authorized agent for this permit application. If you have any questions give me a call at 423.727.4476. Sincerely, Adam Williams CC: Andrea Leslie, NC Wildlife Resource Commission Corps Submittal Cover Sheet Please provide the following info: 1. Project Name Memorial Park Enhancement Projects 2. Name of Property Owner /Appllcant:Town of North Wilkesboro (Sam Hinnant, Ferrell Gas, LP.) 3. Name of Consultant /Agent: Adam Williams, BFEC Inc. *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): 5. Site Address: 303 Wilkesboro Ave 6. Subdivision Name: 7. City: North Wilkesboro 8. County: Wilkes 9. Lat: 36.1558241 Long: - 81.1434247 10. Quadrangle Name: Wilkesboro 11. Waterway: UT- Yadkin River 12. Watershed: Yadkin River 13. Requested Action: x Nationwide Permit # 18, 27 General Permit # Jurisdictional Determination Request Pre- Application Request The following information will be completed by Corps office: •u Prepare File Folder Assign number in ORM Authorization: Section 10 Project Description/ Nature of Activity/ Project Purpose: Site /Waters Name: Keywords: (Decimal Degrees Please) Section 404 Begin Date Of W ATF9 o � ti r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 18, 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ 401 because written approval is not required? Certification: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ No For the record only for Corps Permit: ❑ Yes ® No ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes 2. Project Information 2a. Name of project: Memorial Park Enhancement Project 2b. County: Wilkes 2c. Nearest municipality / town: North Wilkesboro 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state N/A project no: 3. Owner Information /1 ►.1 • 3a. Name(s) on Recorded Deed: Ferrell Gas, LP (1403887), Town of North Wilkesboro (1403890, 1403351) 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Ferrell Gas, LP - Bk777 /Pg 432; Town of North Wilkesboro - Bk297 /Pg 297, Bk 767/Pg 566 303 Wilkesboro Ave / 241 Wilkesboro Ave North Wilkesboro, NC 336- 667 -7129 "3011 (Sam Hinnant, TONW), 336- 667 -8533 (Ferrell Gas, LP.) Page 1 of 13 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Adam Williams 5b. Business name (if applicable): Brushy Fork Environmental Consulting, Inc 5c. Street address: 5902 Highway 421 S 5d. City, state, zip: Mountain City, TN 37683 5e. Telephone no.: 423 - 727 -4476 5f. Fax no.: 5g. Email address: I adam@bfec.org Page 2 of 13 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1 b. Site coordinates (in decimal degrees): 1 c. Property size: 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 1403887, 1403890, 1403351 Latitude: 36.155824 Longitude: - 81.143424 (DD.DDDDDD) (- DD.DDDDDD) 16.8 cumulative acres Un -named Tributary (UT) to Yadkin River C Upper Yadkin (HUC 03040101) Page 3 of 13 PCN Form — Version 1.3 December 10, 2008 Version 3. Project Description 3a. 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 properties are located in Town of North Wilkesboro, NC (TONW) in central Wilkes County. The properties are located southeast of Wilkesboro Avenue and northwest of the Yadkin River. Dominant landuses in the general vicinity of the Project Site include commerical and open space (recreational /educational). The Ferrell Gas storefront and tank storage is located on the Ferrell Gas, LP property. The ABC store and recreational baseball fields are located on the TONW properties. The UT- Yadkin River bisects the Ferrell Gas and TONW properties flowing southeast to the Yadkin River. The tributary is primarily fed from urban runoff conveyed through three culverts at the upstream extent of the project site. From STA 0 +00 to 2 +50, streambanks at the project site are highly eroded and vertical in areas. Little riparian cover is present and manmade debris, possibly used to try and slow bank sloughing is present. Downstream of this area, more forested cover is present, but the stream remains incised with streambank erosion and unstable banks in outer stream bends adjacent to the Ferrell Gas property. Debris and litter were noted throughout as well as algal blooms. The topography at the site is gently sloping; elevations on -site are -950 - 960 ft above mean sea level (USGS- Wilkes Quad). 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 600 In ft of UT- Yadkin River. UT- Yadkin River joins the Yadkin River at the downstream extent of the project on the Ferrell Gas and TONW properties. 3d. Explain the purpose of the proposed project: There are multiple goals associated with the Memorial Park Enhancement Project. First, the TONW and Ferrell Gas are concerned over eroding and vertical streambanks in the upper project reach that are a saftey concern for Ferrell Gas customers and TONW pedestrians. A major project goal is to stabilize the upstream extent of the project area by eliminating steep cut banks through the installation of a stream culvert, and extending a stable grade from Wilkesboro Avenue to provide grassed pedestrian walkway area to reduce pedestrian traffic onto Wilkesboro Ave at the end of formal sidewalk at the Ferrell Gas property. Below this culvert area which is tightly constrained between commerical areas, a large undeveloped portion of the TONW properties is present along river left and provides an opportunity to restore in- stream structure, floodplain connectivity, and wetland areas at UT- Yadkin River. This coupled stream enhancement and wetland restoration will more adequately slow and treat stormwater flows from the developed upstream area allowing for sediment and nutrient export reduction to the Yadkin River at the downstream extent of the project site. This project is being funded by multiple sources including a NCDENR Division of Water Resource grant, a Community Conservation Assistance Program (CCAP), and a combination of public (TONW) and private (Ferrell Gas, LP.) funds. 3e. Describe the overall project in detail, including the type of equipment to be used: First, a concrete or brick junction box will be installed at the most upstream extent of the project site. This box will be connected to existing stormwater culverts currently flowing into the UT- Yadkin River channel. A 60" High Density Polyethylene (HDPE) culvert pipe will then be installed to carry UT- Yadkin River flows for approximatley 130'. This culvert will be placed in the existing stream bed intially and slowly shifted towards river left for its length to direct flows toward the floodplain restoration area at the TONW properties. The 60" culvert will not be buried typ. 1' (per GC 3890) below the channel bottom due to the lack of sediment transport evidence, the lack of macroinvertebrates, and lack of fish communities observed on -site during the jurisdictional determination with USACE and NCDENR staff. The UT- Yadkin River begins where the three culverts confluence, flow is driven by stormwater, and the only sediment transport is minimal fine silts. The culvert will discharge at approximately STA 1 +30 at a culvert headwall. Streambank sloping and benching will occur throughout the reach from STA 1 +30 - 6 +11 to restore floodplain connectivity and decrease erosive incisement of the channel. Low benches along the stream are designed to increase wetland area and stormflow retention time. Riffle -pool sequencing, natural channel structures (rock cross -vane, boulder toe), and a forested riparian buffer will also be restored along the reach. Equipment likely to be used for this proposed construction include track -hoes, skidsteers, and dump trucks for hauling equipment, building materials, and fill material. Page 4 of 13 PCN Form - Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: A jurisdictional determination was performed by the Corps and State staff on April 2nd, 2015. 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary ®Final 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Tasha Alexander (USACE), Sue Other: Homewood (NCDENR) 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Pians 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 5 of 13 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact 3f. Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) Average DWQ - non -404, other) (acres) Temporary (T) (PER) or (Corps - 404, 10 W1 ❑ P ❑ T ❑ Yes ❑ Corps intermittent ❑ No ❑ DWQ W2 ❑ P ❑ T Temporary (T) ❑ Yes ❑ Corps (feet) feet) ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0 impacts 2h. Comments 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑T S2 ®P ❑T S3 ❑P ❑T S4 ❑P ❑T S5 ❑P ❑T S6 ❑P ❑T Minor Discharges /Culvert Installation Aquatic Enhancement UT- Yadkin River UT- Yadkin River ❑ PER ® INT ❑ PER ® INT ❑ PER ❑ INT ❑ PER ❑ INT ❑ PER ❑ INT ❑ PER ❑ INT mm1 � ® Corps ® DWQ ❑ Corps ❑ DWQ ❑ Corps ❑ DWQ ❑ Corps ❑ DWQ ❑ Corps ❑ DWQ -5 -140 -6 -480 -620 3h. Total stream and tributary impacts linear feet of impacts 3i. Comments: The NWP 18 Minor Discharges allows for < 25 cu yd of discharge below the plane of the OHWM of a stream. The total discharge to UT- Yadkin River associated with culvert pipe installation is 9.7 cu yds Page 6 of 13 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number- (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 0 impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 0 impacts 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Permanent (P) or for Temporary (T) impact B1 ❑P ❑T 82 ❑P ❑T B3 ❑P ❑T 6i. Comments: Buffer Stream name mitigation required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h. Total buffer impacts Zone 1 impact Zone 2 impact (square feet) (square feet) 0 impacts Page 7 of 13 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed work and associated impacts are intended to restore instream structure and floodplain connectivity at UT- Yadkin River along the stream reach while minimizing impacts to aquatic resources. Design measures which minimize impacts include boulder toe and cross -vane structures intended to enhance stream diversity and decrease erosion and sediment export. All streambanks will then be planted with appropriate native species (see re -veg detail). All disturbed buffer areas will be immediately seeded upon completion (temporary - annual ryegrass), matted (coconut/coir matting), and stabilized at the close of each construction day. Following construction, the banks of the restored channel will be seeded with a native floodplain mix (permanent seed). Live stakes and matting staples will be used to secure the coconut matting in these high- stress areas. The forested riparian buffer will be planted with a variety of native 1- gallon, 3- gallon, and B & B (ball and burlap) trees in September /October. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Streamflow associated with UT- Yadkin River is intermittent and sometimes absent. If flow is present during construction, a 3" pump will be used to divert flow around the active work area. Specifically during the culvert installation, a temporary channel shall be constructed at the end of each work day from the culvert outlet (wherever work has ceased) to the existing channel. As well, boulders shall be placed at that culvert outlet with the top of the rock approxiamtely 3" above culvert invert. This rock shall be removed at the beginning of each work day. Precautions will be taken to keep heavy equipment out of the stream channel except where absolutely necessary to install bank stabilization /enhancement measures. Work will be conducted in the dry to the extent practicable. All heavy equipment will be kept out of the stream channel during project construction except where absolutely necessary to install in- stream structures. Any entering of the channel or immediate riparian area will be done with new equipment, no hydraulic leaks tolerated. Disturbance of channel bottom, banks and equipment access areas shall be held to the minimum necessary to allow for bank stablization sufficient to restore the hydraulic capacity of the stream channel. 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? 2b. If yes, mitigation is required by (check all that apply): 2c. If yes, which mitigation option will be used for this project? 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): 4e. Riparian wetland mitigation requested: 4f. Non - riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: 4h. Comments: ❑ Yes ® No ❑ DWQ ❑ Corps ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation Type Quantity ❑ Yes linear feet ❑ warm ❑ cool square feet acres 5. Complete if Using a Permittee Responsible Mitigation Plan acres acres ❑cold Page 8 of 13 PCN Form — Version 1.3 December 10, 2008 Version 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 0 impacts 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 9 of 13 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The proposed project is not adjacent to a protected riparian buffer as identified within the NC Riparian Buffer Protections Rules. The proposed project ❑ Yes ® No occurs within the Upper Yadkin River Basin, which is not listed in the NCDENR Riparian Buffer Rules. Therefore, a diffuse flow plan is not included in this application. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2b. Does this project require a Stormwater Management Plan? 0% ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project will not result in any increase of imperivous surface at the project site. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of North Wilkesboro ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? I ❑ Yes ❑ No Page 10 of 13 PCN Form — Version 1.3 December 10, 2008 Version 5b. Have all of the 401 Unit submittal requirements been met? I ❑ Yes ❑ No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in I El Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. We do not anticipate the proposed stream restoration will result in additional development nearby which could impact nearby downstream water quality. Proposed measures will reduce sediment export from the project site to downstream waters. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 11 of 13 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or El Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. E] Raleigh ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? BFEC, Inc. contacted Bryan Tompkins with the US Fish and Wildlife Service to fulfill requirments under Section 7 of the Endangered Species Act. Mr. Tompkins found "no listed species or their habitats occur on the site." His response is attached. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? 1 ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA -- Office of Habitat Protection Division 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 ❑ Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC Historic Preservation Office - Renee Gledhill Earley has received the site information and we are awaiting her response. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? I ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: This proposed project is located in the Floodplain and Floodway of the Yadkin River. A floodstudy and No -Rise Certification will be prepared by Vaugn & Melton and submitted to the Town of North Wilkesboro floodplain administrator. 8c. What source(s) did you use to make the floodplain determination? North Carolina Floodplain Mapping Program, Panel 3868 (effective date 3/2/2009), Map No. 3710386800J. Site is highlighted on the DFRIM Panel attached to this permit application. Adam Williams 6__� % A Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 13 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID; 1403890. 1403351 STREET ADDRESS: Town of Wilkesboro. 241 N Wilkesboro Ave. North Wilkesboro, NC 28659 Property Owner: Town of North Wilkesboro The undersigned, registered property owners of the above noted property, do hereby authorize Adam Williams , of Brushv Fork Environmental Consultiniz, Inc. (Contractor /Agent) (Consulting Firm) to act oh my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): PO Box 218, North Wilkesboro, NC 28659 Telephone: 52.,(0 - G67 -'10� t���� Q ✓ 33�` ���j��a�% We hereby certify the above i formation submitt d in is application is true and accurate to the best of our owled t__ (Sam Hinnant) Authorized Signature: Date: -3—A-3 —1-5 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID: 1403887 STREET ADDRESS: Ferrell Gas. LP. 303 N Wilkesboro Ave. North Wilkesboro. NC 2869 Property Owner: Ferrell Gas. LP. The undersigned, registered property owners of the above noted property, do hereby authorize Adam Williams , of Brushv Fork Environmental Consultina. Inc. (Contractor /Agent) (Consulting Firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): A7- L, be -7y �0 4WO6r Telephone: 3 ,y6 - 66 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signatur Date: -? - v - /- 10° W 081.1600000° W 081.1500000° W 081.1400000° W 081.1300000° W 081.1200000` 5. fXPL ODD S! ��'1 ,--�, �� /f ♦ / . - I - '. o �� ` co fir ,�. J1'I�' J r ir `ii� �'/j . 4 I-i-\ >), " ,, -' �J/ ' � 1�_ 1 � =yr a� , -.`I � Il ti'�r �� � ��.f- � +�'�•i( r fi ,' `" 1140 :•\ ` \\ NtiEY W ��, __ ` `�in1 v � � � f ti ` "i �'\ - J`i i - ti f - > J• '. t o — o Z J i' W QO I O `1 • Z s o0 ■o ; s i o. All - o (0 tom'~ .�` ,`` _ ..ONCRRY Ott �, \�6 �` o �4�u. -., *y� •6 \ M ipe e Fm 1p v .. - • Bnt \ \� a Sewa ,', aging $ta r $ +4 ! fl/ / •1 f . �V `f Z � i``� •;I�� � i�.c _ r Sr+");:• / +1�,'- � i t e ./ `��til�fpZ''I t o 't�• -ern _ `� �' -`. �' /�� SX�t /��`�• cfl %, St • i . �I • s . •. Algnement ' 4 ti_' \ L 1 ♦_ a=1 �i..i..�: , 1 A• �'�: * �1 •�T` \ � v1'�n "f / \ 111 \r % . ... � f�S \R�a • , �� - t9�F'. ;4, . • �'� 1 ii .mot ���r'�b'� )�} • I ro ` �� r «'.:� -, Ilff".. - -mss -�� o- Declination r �: }•. �II ' 1`` i�1 1llc� f ��. \ ( / %/; e/ tr♦ �, o too ' SCALE 1:24000 - ` p0 0 1 MILE � 1 _ .. 0 1000 YARDS 0 1 KILOMETER -Z p_ MN 7./3'W 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1( 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10° W 081.1600000' W 081.1500000° W 081.1400000° W 081.1300000° 1 1 1 1 1 1 W 081.1'20'000'0` 1 1 1 1 1 1 1 1 Name: Unknown Location: 036.1559090° N 081.1435796° W Date: 07/23/15 Scale: 1 inch = 2,000 ft. Copyright (C) 1996, Earth -tom, Inc. Dat, -i NAD83 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 2015 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County /parish/borough: Wilkes City: North Wilkesboro, NC Center coordinates of site (lat/long in degree decimal format): Lat. 36.1558241 ° N, Long. 81.1434247° W. Universal Transverse Mercator: 17N Name of nearest waterbody: Yadkin River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Yadkin River Name of watershed or Hydrologic Unit Code (HUC): 03040101 ® Check if map /diagram of review area and /or potential jurisdictional areas is /are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): 3/19/2015 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Fe "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] 0 Waters subject to the ebb and flow of the tide. ® Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: Neither. B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There A "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t Q TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non -RPWs that flow directly or indirectly into TNWs 0 Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs 0 Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs E Impoundments of jurisdictional waters ® Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters: -610 linear feet: —5 ft (bkf) width (ft) and /or acres. Wetlands: 0 acres. c. Limits (boundaries) of jurisdiction based on: Established- by20HW1V1j Elevation of established OHWM (if known): -951 feet. 2. Non - regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. ` For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous now at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section IILF. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section IIIM below. 1. TNW Identify TNW: Yadkin River. Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent ": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.l for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: -100 as roes Drainage area: " " Pick =List Average annual rainfall: 49.43 inches Average annual snowfall: 6 inches (ii) Physical Characteristics: (a) Relationship with TNW: ® Tributary flows directly into TNW. ❑ Tributary flows through Pick tstL tributaries before entering TNW. Project waters are lcor ll s river miles from TNW. Project waters are 1`(oraless) river miles from RPW. Project waters are 1 (or less) aerial (straight) miles from TNW. Project waters are 11(or=less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: No. Identify flow route to TNW5: UT- Yadkin River flows directly into the Yadkin River. Tributary stream order, if known: 1. 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that aonlv): Tributary is: ❑ Natural ® Artificial (man- made). Explain: Tributary drains urban stormwater and is likely manmade. ❑ Manipulated (man- altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 5 feet Average depth: 1 feet Average side slopes: Vei ficalT(1 ":lgor° °l'es's). Primary tributary substrate composition (check all that apply): ® Silts ❑ Sands ❑ Concrete ❑ Cobbles ® Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type /% cover: ❑ Other. Explain: Tributary condition /stability [e.g., highly eroding, sloughing banks]. Explain: highly eroding. Presence of run /riffle /pool complexes. Explain: present but impacted by erosion and sedimentation. Tributary geometry: .Relattveell'y tcaiglit Tributary gradient (approximate average slope): 7.8 % (c) Flow: 4rY .m ,:_�. >.� Tributary provides for: Intermitten(°,but,not1se9 alrf]ow Estimate average number of flow events in review area/year: 2 5 Describe flow regime: Intermittent. Other information on duration and volume: Surface flow is: Dis eeteJan °d confined. Characteristics: Subsurface flow: Unlrn_own. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ® OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ® changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ® sediment sorting ® leaf litter disturbed or washed away ❑ scour ® sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): El Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determ Q High Tide Line indicated by: ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings /characteristics ❑ tidal gauges ❑ other (list): ine lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ❑ survey to available datum; ❑ physical markings; ❑ vegetation lines /changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Algae presence noted. Identify specific pollutants, if known: Typical urban /commerical stormwater pollutants - oils, grease, nutrients, sediment, etc.. `A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): ranging from 0 - 20ft. ® Wetland fringe. Characteristics: Hydric soils present at toe of slope near ohwm. ® Habitat for: ® Federally Listed species. Explain findings: Northern Long Eared Bat. ❑ Fish /spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic /wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationshin with Non -TNW: Flow is: L-ist VR. Explain: Surface flow is: Pick_ L st Characteristics: Subsurface flow: Piek_,List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adiacencv Determination with Non -TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximitv (Relationship) to TNW Project wetlands are PickL�stt river miles from TNW. Project waters are PickL "ist aerial (straight) miles from TNW. Flow is from: Pick� For each wetland, specify the following: Directiv abuts? (Y/N) Size (in acres) Directiv abuts? (YIN) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ® TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Q Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 610 linear feet 5 width (ft). Other non - wetland waters: acres. Identify type(s) of waters: 3. Non -RPWss that flow directly or indirectly into TNWs. 0. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): 0 Tributary waters: linear feet width (ft). Q Other non - wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. 0 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. 0 Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section IILB and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. 0 Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters .9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. 0 Demonstrate that impoundment was created from "waters of the U.S.," or 0 Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or 0 Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY) :to 0 which are or could be used by interstate or foreign travelers for recreational or other purposes. 0 from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. 0 which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: 0 Other factors. Explain: Identify water body and summarize rationale supporting determination: 8See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). �= Other non - wetland waters: acres. Identify type(s) of waters: Q Wetlands: acres. F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and /or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). k' Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Q Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ® Non - wetland waters (i.e., rivers, streams): linear feet width (ft). ❑� Lakes /ponds: acres. Other non - wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non - jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non - wetland waters (i.e., rivers, streams): linear feet, width (ft). IMP Lakes /ponds: acres. 0 Other non - wetland waters: acres. List type of aquatic resource: 0 Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: a3 Data sheets prepared /submitted by or on behalf of the applicant /consultant. ❑ Office concurs with data sheets /delineation report. ❑ Office does not concur with data sheets /delineation report. . Data sheets prepared by the Corps: CE Corps navigable waters' study: Q U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Wilkesboro, 1:24000. USDA Natural Resources Conservation Service Soil Survey. Citation: ® National wetlands inventory map(s). Cite name: n State/Local wetland inventory map(s): F-0 FEMA/FIRM maps: ' 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) at Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): Previous determination(s). File no. and date of response letter: ® Applicable /supporting case law: Applicable /supporting scientific literature: F01 Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: LFFWA NCDENR North Carolina Department of Environment and Natura Division of Water Resources Pat McCrory Governor Mr. Adam Williams Brushy Fork Environmental Consulting Inc. 5902 Highway 421 South Mountain City, TN 37683 Resources Subject Property: Property on Wilkesboro Ave, North Wilkesboro, Wilkes County Dear Mr. Williams: Donald R. van der Vaart Secretary April 15, 2015 On April 2, 2015, at your request and in your attendance, I conducted an on -site determination to review a feature located on the subject project for stream determinations with regards to the above noted state regulations. Tasha Alexander with the US Army Corps of Engineers (USACE) was also present at the site visit. The feature identified on the attached map was determined to be an intermittent stream during the site visit. Please note that at the time of this letter, all intermittent and perennial stream channels and jurisdictional wetlands found on the property are subject to federal and state regulations. These regulations are subject to change in the future. The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Winston -Salem Regional Office Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 Phone: 336 - 771 -50001 FAX: 336 - 771-46301 Customer Service: 1- 877.623 -6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Aaturall# Adam Williams April 15, 2015 Page 2 of 2 Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWR, 401 Oversight /Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 -2260. Individuals that dispute a determination by the DWR or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWR recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information please contact me at 336 - 776 -9693 or sue.homewood @ncdenr.gov Sincerely, Sue Homewood DWR Winston -Salem Regional Office Enclosures: USGS Topo Map Aerial of Property Cc: Sam Hinnant, Town of North Wilkesboro, PO Box 218, North Wilkesboro NC 28659 Tasha Alexander, USACE Asheville Regulatory Field Office (via email) CULVERT INSTALLATION EC NOTES: I. AT THE END OF EACH WORK DAY, CONSTRUCT TEMPORARY CHANNEL FROM CULVERT OUT LET TO EXISTING CHANNEL 2. PUKE ROCK(S) AT CULVERT OUTLET WITH TOP OF ROCK APPROXIMATELY 3" ABOVE CULVERT INVERT. CONSTRUCTION - ENTRANCE. SEE DETAIL, SNEET C-3 _ C. 1—f STAGING AND STORAGE AREA \- il DER TOE WALL —_ CLE -OUT 950 i I I - LIMITS OF DISTURBANCE CENTERLINE PLAN VIEW a SCALE: 1' =20' / - - - -- 5'CONTOUR- PROPOSED V CONTOUR- PROPOSED 5' CONTOUR - EXISTING I'CONTOUR- EXISTING It 965 -� SCALE: 1 " =20' HORT 1"=20'VERT a v o y rn ? i m PROPOSED GRADE i 960 VG O� mn Ow o 2 011 3a S m 10 a z 0 EX. GRADE \ -_ E%. 8" CERAMIC PIPE w O w 955 BOULDER TOE WALL m \•/ \, i`\ \ / ��\ ///--- /i-� �� \\ BOULDER TOE-49ALL D 131LF OF 60" NDPE PIPE Og.S% \ / /r / \ / I E%. GRADE O 950 - - - - _ - �_ \ �i� \` / _ I �/// \ -0.50% INV. OUT ELEV = 949.06. PROPOSED CHANNEL THALWAG ASSUMED ELEV. OF PROPOSED INV. OUT ELEV. .40 945- JUNCTION BOX (TO BE CONSfRUC'TED. -- - - -- - - -- I. - - 4A64i� -� -- - - -; - -— - -- - -- / BY OTHERS) 1.61% CONCRETE HEADWALL E%. SANITARY SEWE0. � II_ _ r // (DESIGN BY OTHERS) V EX. GAS LINE (SIZE AND DEPTH UNKNOWN) 940 - - - - -- I - -- -- - (SI ;E AND DEPTH UNKNOWN) _� '• + I m< I I 9N I I g I I O I 935 t rrr —fr , .ter 1 I I I r� rl I 0 +00 0 +2S 0 +50 0+75 1 +00 1 +25 1 +50 1 +75 2 +00 2 +25 2 +50 2 +75 3 +00 3 +25 3 +SO 3 +7S 4+00 4 +25 4 +50 4 +75 5 +00 5 +2S 5+50 5 +75 STATION PROPOSED CHANNEL PROFILE UNLESS OTHERWISE NOTED, DESIGN PRESENTED ON THIS PLAN SHEET IS BY PROGRESS DRAWINGS BRUSHY FORK ENGINEERING DIVISION, PLLC. DO NOT USE FOR CONSTRUCTION I LICENSE # P -1089. II _O N u Oo W Q O O Q � z U W < Q Y � �O Q O CL a o J T m Q W W /1/ Y 0 G W a O 0 0 0 H LL I vaughn a Melton Consulting Engineers. Inc. NORTH CAROLINA 028- 2532796 SOUTH CAROLINA 864 - 574-4775 KENTUCKY \ 606- 248 -6600 TENNESSEE 865- 546 -5800 1 GEORGIA 1 770-627 -3590 17�,= vmw - ghnmellon.com CopYnPM ©2013 a RigNe Reeervetl .. IDRANN. CRB CNECNED: JOB NO: XXXXX -XX SCALE: NT5 DATE: JULY 21, 2015 6 +00 6 +11 Flu mmE: PREuM-RLA .DWG DRAWING TITLE: PROPOSED GRADING DRAWING NO. C -01 LL I . - - - - - CONSTRUCTION ENTRANCE. SEE DETAIL, SHEET C -3 - $'CONTOUR- PROPOSED CULVERT INSTALLATION K NOTES: I'CONTOUR- PROPOSED 1. AT THE END OF EACH WORK DAY, CONSTRUCT -�'y r TEMPORARY CHANNEL FROM CULVERT OUT LET TO $'CONTOUR- EXISTING Z EXISTING CHANNEL Y_ I' CONTOUR - EXISTING O In 2. PUKE ROCK(S) AT CULVERT OUTLET WITH TOP OF %.. - _ �l�'I' - LU ROCK APPROXIMATELY 3" ABOVE CULVERT INVERT. 3. REMOVE ROCK AT BEGINNING OF EACH WORK DAY. - LIMITS OF � ABC Store - " S ` STAGING AND STORAGE AREA DISTURBANCE J 810- RETENTION POWER POLE (TVP) ITOTAL DISTURBED AREA = 0.90 ACRE I ! I O L___ -_ c 1 BWL06t TOE WALL _ aJjl�yDUT _ Ia° � I+ � 7• �xp PROPOSED 'y O 'I HEADWALL ti / '/. LINE (TO BE DiSGNED BY OTHERS) PROPOSED N N /• - -,F % 950 BIO- RETENTION. CHANNEL 955 w DW - BOULDER TOE WALL 950 / _ .. _ - - ` - ROCK CROSSIVANE RELOCATE E %. 8" CERAMIC PIPE ; PROPOSED )UNCTION " -`O BOX BY NCDOT 60 HDPE CULVERT ' / ^ �. _ ^ 9 55 0C. dD is 950 -_9so_ - . y s hx z LIMITS Of _ _. .' �- - - - L) LL q55� DISTURBANCE _ Dq' pC .AREA 0 ~ 0 (/ j z Z X. MIX. PAD I I r I + r r I � ' EX. CHANNEL CENTERLINE INSTALL SILT MU FEA \ s� ' � � O of EOP Q LT FENCE ALONG / _ LXISTING EDGE OF PAVE14ENT AS LV,..'�' \ o� }� I� I m 4 tILL 15 PLACED AT FINAL GRADE -- �i < W fn Commercial EX. CHANNEL CENTERLINE N\ t L.L 1 0 C 4e� O Q 9 (' Building ung o v N ommercia Building PLAN VIEW Q J n LL i l l l l T i r i SCALE: 1' =20' LO- ZZS0 965 SCALE: V-20' HORT a w + m 1 '= 20'VERT 'h e z °m PROPOSED GRADE p m Q 3+ SIN - a0 U~i W Q e n 4 V NN 3mN aP u O O a 3: + WK l7 ZN mry F u UU pO� FQ - EX. GRADE' EX. 8" CERAMIC PIPE m n2' ¢ + O rn /� \\ /� / \` /� BOULDER TOE WALL ConsuN m tng E nwm, I . / / \ / \ -\ EX. GRADE �- `\ BOULDER TOEWALL NORTH CAROLINA G \ 828- 253 -2796 D 131LFOF60•HDPE PIPE 00.5% � \•�\ I \\ \ u 950 \_ t, ` \}. /� -\ SOUTH CAROLINA z - 0.50% 864- 5744775 -0.5_ 1 i I J 7 KENTUCKY INV. OUT ELEV = 949.06. -- - - - - -- ` PROPOSED CHANNEL THALWAG X759(' i `� l \ \� 606-248-6600 E N 8 SEE ASSUMED ELEV. OF PROPOSED INV. OUT ELEV. 948.40 __ __ 885- 546 -5800 945 )UNCTION BOX (TO BE CONSTRUCTED _- - -_ -�-_— - -_� -. - -_ —_ - -__ - -.- - \V BY OTHERS I -1.0696 - � - -1- - __- -` r \ / ( GEORGIA I� _ ( 770E27 -3590 CONCRETE HEADWALL - -- - _. (DESIGN BY OTHERS) EX. SANITARY SEWER - vwghnmeXon.com j I (SIZE AND DEPTH UNKNOWN) E %. GAS CANE - ��� / 3' 8796 N (DM3 940 _ (SIZE AND DEPTH UNKNOWN) - I - - - wT IDRAWN: ORB I I m a CHECKED. I 01~!1 I JOB NO: XI= -XX I5CAM NT5 I _ 1 I DATE: JULY 21. 2015 935 0-T 1 r� FlIE NAME: PREUM- PUNS.DW 0 +00 0 +25 D +50 0 +75 1 +00 1 +25 1 +50 1 +75 2 +00 2 +25 2 +SO 2 +75 3 +00 3+25 3 +50 3 +75 4 +00 4 +25 4 +50 4 +75 5 +00 5 +25 5+50 5 +75 6 +DO 6 +1: DRAWING TITLE STATION PROPOSED GRADING PROPOSED CHANNEL PROFILE UNLESS OTHERWISE NOTED, DESIGN PRESENTED ON THIS PLAN SHEET IS BY PROGRESS DRAWINGS DRAw,uG UO BRUSHY FORK ENGINEERING DIVISION, PLLC. 1DONOTUSEFORCONSTRUCTION1 LICENSE # P -1089. C-01 I It TEMPORARY SEED MIX AND SPECIFICATIONS: _ Common Name Scientific Name Rate Acre _- ,- P�{ Opti Nantl Dates .. _ Rye Lnn Secale cell 301bs Au 15 Ma Browntop millet Urochloa remora 10 Bu May L 15 - Aug u ss /NPR SS sYNBOLL- _pESOt]PLTON �Ar .sus null No nmlatP NeAa.Nar rso -fh vii riparian areas will be amended to provide an optimum r�l ro m p l w environment for seed gemination and seedling growth. Surface sell, will be loose u I enough for water infiltration and root penetration. Lime will be added to the soil to _ ensure a JIM level between 5.5 - 7. Fertilizer (1B-4r O) will be added to nutrient deficient areas. All riparian areas will be raked to loosen compacted soil prior to s..w..,.•.,... ..rw.:....�. III :� seeding. PERMANENT SEED MIX: TYPICAL GRMIEL LIE VEGETATION NAN VIEW DETAILI APPLY AT 20 LBS PER ACRE OF DISTURBANCE (per specifications of seed supplier) ERNST CONSERVATION SEED MIX ERNMX -304 INC MOUNTAINS RIPARIAN MIX) WHICH INCLUDES THE FOLLOWING SPECIES: \ River Oats, Virginia Wild Rye, Beaked Panlgrass, Indian Grass, Redtop 00 Panic Grass, YYmer rk lronwe P,t dW Wild BergamotMVd Ayr rdnY Srleezeweed, Newyork konweed, and Wild amo[ MULCH: NAY NNY% Apply 4,000 -5,000 W/x gran straw or equivalent rDVer of another suitable material. Mulch is not necessary where natural fiber matting ,Y,re is applied over seed and amendments on steep slopes and structures. x smAr�_ ,b,.� _ TYPICAL pE�ORMt l OEIML - " S'rrmy Lb,r � Ali -Ali z..r sY.vP1. All _ 7 CCgyL,n;,bin�-tlohn� dCOn M.rary -I-e- - sa°^,a, -'°'E - �- twePwnNMyw��Sis.lMi'i.._ .� fb I � - - � ankT 1- 2 t Aw,11alasl o/pW A°w o R-W of nova poop oro ro 't, p sns/db/bT o/ a Mal sR y Er Cay_n.t - 3 R Nbl sorbs, PAN o/ -hb-t N Ave ro AeveM Mattir�9 .P td n.erlknk -- - + - oM aHa •MUvrr W Abe Mink- -Aal idle RY M eheYNln<. ! YA,er * .E,amr sr.N.eaPa o- RR Am _ _ _ Anv -rz E.rsr.nnawe iArmr ama e�AYZ..wtw. Ab. w.p.�. Station - -I - -- - Jl:VY-Y dOtSf puEIOP S Adbi b o.rA err M'mi7 aiYM avid -.ES' Note mA aaom 1. M 4nturbM • .n t. b. Nnm.4Ytdy +PA•N � y G LNAr� obn sNVChwa eiM �T�rnrsuAY wah • trip 9rau mlXlure. HNr /.r AYrM t~ 2. F,41II -9 se. c ... I vnN.. neti.yp.rmanant l 61,Vh P- Nil p ; dM rvil -1-V grass mlxtur. ru w eppaea wh- ii-dabte. ro Ir rraa a X,, aJf,- d oneprof ro r do, saA7 dNC Nap ar �/, card Wapf ro r+Awe 9Ar o/ Air lied! o0er .w! TYPICAL OtANNEL RE - VEGETATION @/'V °log °'d r°rrsTN s CROSS SECTION DETAIL c i a it 7r- sA.cn' aA otTOt ADO,d oa - _ . / 4Par esi sxMT W card dw ,u fo naa ­WE M p, a l ao.of Pump Around dFaa p b/t Detail SLOPE INSTALLATION 66 APLICACTONES PARA TALUDES ITI°o� NORTH AMERICAN GREEN Y�y is w-va wJ na °a b I. NEPMIE SOa BEFORE sysy a1G BLANXllS. NCWDec AMY AP{VG1T011 a 1A1f, "'LI�" MA EEO. Wl MIEN USMG CELL -O -SEED Do NOT SEED Pa"Mm AREA CELL -O-S® VaB n BE eISr`UED am", PAPER SME Deal 2. 116TH %MT Y 1T (]0-) Of E %1 DED BEKIl10 tNEBIP'SSLD�PE PPgmXYl OF(- mold, MIC�NONR nE -Et Ylnll A RON 0 SrARfS/Sn- ANNMXaMTfLY 12' (SD - - N nE """ OF lHE "'0" SuCid1LL AND C01a•ACn NE TRENCH AFTETI STAPLNG. APPLY SEED 10 COMPACTED SAL aND FOLD EMNNING 12" IN CM) POPTI Or B1M1XEr SICK - NEED, AND COMPACTED SOIL. SECURE &Ala(En OYDt COYPICIFD WL MN A R01Y OF STAPLES /STAKES SPALtD APPROXifil lr 12' (30 CM) APART ICBOSS 11E MDN OF NE BIANKEr. 3. ROLL THE BUt:,M A) rii OR (B.) N ZOMALLY ACROSS nE SEOPE. MAMEETS MLL UNROLL -i APPROPRil NOE a N,, YNE SOn. ACE. µL ELwXE S MUST BE SEWRI FASTENED TO WE N)arA BY PIACINC SIAPlES /STAKES N aPPROPew1E WCOTONs AS SHOWN IN NE STAPLE PATITRN GIADE WHD1 L75RC THE Dm SYSTFSI• STAPIfS /SINES SHOULD BE PLACED TMLIXIOH FACN OF NE COLOT1m DOTS LOFRLSPDIIOING TO THE ApPROmIMIE STAPLE PATTERN. 4. TE EDGES GE PARALLEL BLANKETS al E STIPLFD amN APPROXIMATELY 2' - 5' (5 CY - 12.5 Cl OYERVP DEPENDNG ON MANI TYPE 5. CONSECUTAE BIAN(ETS SPLICED DOWN NE SLOPE r1LSi E PLACED END OvEll END (SHINGLE MIM NI APPPDXIIMTE 1 M4%AP. srMtE Te1gIICN aA6APPED AREA. ApPROIOMTELr 1r (SO CM) wARr ACROSS ENnRE NO E: bN •N LOO6E SOLI RE THE NS. NE CAGE OF STMLE OR STAKE LF31f:IM5 GRfATpi iNW 6' (15 CY) MAY E ECESSwm ill PROPERLY SECURE THE "Id- 1. FaUlaRE a TEMead0 DE INSTaLM LAS MWTAs, a1C IVENDO u A cuc!OtI E CM. FERTRlIAN1E Y SIDALLA raerN CWIgO ESTE USANpO COL- O-SEED NO %Ov0NE EL NtciI PPIDMAM. CEIL-0 -SEED Tp4 WE MTNMI51: CON a LA00 E PAL. N1CM _. Z. CO.aENCE EN IA CAIIECERA DEL I- SWETM100 La M41TA FN UNA I.AJLM DE a' (15 -W PREUNMpAO CDR e' (15 CY)) E IINKHD CON APROKIMALAYEll 12" (30 gel) E U M'eOA FAR,OEA 1M6 MIA DE U �MEME Ku E U t1lslA SWETE u MAAA . mull GE u 1 Nl1 1aAA LNFA E GRAPIS O ESDYAS APROZaIOA1ENn 12" (30 CY) UM E U OnRI REl1ENE Y CONFACTE U 2 aiii, CESPIIES Oft. DIGAVE. RILE u SELLIA EH a SAO C01PN. ADD Y OOEE 1st 5 12' (]D CM) �LiiiE NXUD WUPAS D�MaC APRO%MAOUENFF RiL2E' (SO a DUM DE 1A OM A 1WwE5 OEL NOO E U MMnTAW11 UIM UtG DE 3. DESENRO LE US M 07 (Sy1 EVCM ATAJO U (38) HORRONFALIENIE A T of EL TALUD Coil a UIDD APIKIPYDO wia. u SLIPEll DEL 51EL0. mw5 LAS wi lAS OEBERIN ASEWRWSE A U SWERFICE DEL SELO FOR Y O M ORNPAS 0 ESTACAS EM LUCaRES aFaDPIbOS IAL Y 00110 % ed)N', EM EL PATMOM EXAM E f1Yl.RMADO. PNIMO ESTE USANW EL DOT s151FY• . LAS Dail 0 ESTMAS oreEN cotocvbE A TAMES E CAW LaOO E LOS Fames CON COLOR COMISPONOENIES AL PATNON E Ela]IAPA00 APROPMDO. 4. LOS BORDES E LAS MAEITAS PAALLULS THEN WE ENGRiFuu E Coil UN IILASLLPE E IPPDXaMOMIEmE 2" - 5' (5 CM - 12 -5 CM) DEPENDIENDO DEL TPO E MAYr,I 5. MWnJIS CONSEcLTNA UNIWS EN U BA.EApA E LOS TILLNEs. EBEM COLDCARSE ORXIA SOBRE Dal (TRYJ "o"LONMO) CON UEI TRASLME E APROXIMKYA 3' (7.5 CM). ENGRAPE a NEA rR SLIPADA CON LIEU SE__N E APROXaMDMrENE 12- (30 CM) A -WS E 1000 a -C.. E U MAMA N T' EN Caul[ La NFS ma SCORRE PULE 011E SE NECESTTFN GFAPAS 0 ESTACAS E W6 OE 6' (13 Did) DE LARCO PARR ASEGPCW LAS MAMAS CMTERaMEME. REV. t laoa SEQUENCE OF CONSTRUCTION: CONSTRUCTION EXIT Fl- ��� ✓ ( ` co,� Lp„""""nL o" OFTEf T..�., INN_rr z1- m spw �(lnse�>�.mclx>•omernx ono„, °rtYl �mv[rr .orr�io,�rmS��+MO� �MTwstosr mtdm ,,pp�� Rcwln�1°aeM.v[oxmwAm A�AnQ BNOr,i�mLCnwmA.an ASmarpa4n srsrea rim {sole aAR wmwAr. ua (�3rrLar SpsaHlraOlon I. Length - ' mar m d Stl z. WIdBE- M'alMnwR should aprof d theca my road mprovidea 3. Cworep hbk tluRlbs placed 1.M aground pin-m Dial Cerre. 4. Sw/ o, W-- all purflaue real drug m - diverted -.rd mrntrvRiwr erKraMMS ahaM N peed m-Vn 16e eneanor, -ounNy p-. dr mpe. rr�ror.�mo ��w�rrtlwimasiYamvean m.mi�imtrr,mas or p»oawen. Pipe . Pipe has to ba vied a curdlrg m Bu d-ou pa. wan ON, SCE A located at a high spot and has no drainage W mrrve, a pipe will not a neosssry. Pip+ vrovw a z¢ed stmMlrg N 1.M amount d rvraN h ba M1veYed. A6' minhnum will be no.anid. 5. Locale- - A stabiles d ov struct'en exit shalt W located at every point ware mnatrva.Nan treRk enters - 'eaves a cpMtrvctlon vte. Vahldes 4-hre, me sae muv mi vN over tre eMUe *wm d Me stablload c.vrvrvptnn -it CULVERT INSTALLATION 1. INSTALL CULVERT (STA 0.00 TO 1 +30) AFTER JUNCTION BOX IS COMPLETE GUNCTION BOX IS TO BE CONSTRUCTED BY OTHERS). 2. PUMP FROM JUNCTION BOX TO EXISTING CHANNEL DURING CULVERT CONSTRUCTION. 3. INSTALL CULVERT HEADWALL AND BACKFILL STREAM WORK 1. BEGIN CHANNEL GRADING AND STREAW WORK AT HEADWALL (STATION 1 +301 AND PROCEED TO STATION 2+05 2. INSTALL BOULDER TOE WALL FROM STATION 2.05 TO 2.99. 3. CONTINUE NEW CHANNEL ALIGNMENT FROM STATION 2.99 TO STATION 5+00 4. INSTALL BOULDER TOE WALL FROM STATION 5400 TO 5+47. S. CONTINUE NEW CHANNEL ALIGNMENT TO THE CONFLUENCE WITH YADKIN RIVER (STATION 6.10) 6. INSTALL CROSS -VANES AT STATIONS 4400 AND 4480. INSTALL 1310,4 ETENTION CELL STABILIZE ALL AREAS OF DISTURBANCE AS SPECIFIED IN THE EROSION AND SEDIMENT CONTROL NOTES. PIANTALL RIPARIAN AREAS (ENTIRE PROJECTLENGTH) WITH NATIVE SHRUB AND TREE SPECIES EROSION AND SEDIMENT CONTROL NOTES: 'Ok.lil HIW Mist cru/kr All S.OlAh kr CONrdUr. McMSUdk3 ARE FOUND ON THIS SHEET. 1. STAGING AND STOCKPILING OF MATERIALS, INCLUDING EROSION AND SEDIMENT CONTROL MEASURES(ESCI, AT STAGING AREAS, SHALL BE PERFORMED PRIOR TO START OF CONSTRUCTION. 2. A CONSTRUCTION ENTRANCE K PLANNED OFF N. WILKESBORO RD IN THE AREA OF THE EX. CHANNEL BEGINNING. 3. ONCE SITE CONSTRUCTION WITHIN AN AREA HAS CEASED ALL DISTURBED AREAS WILL BE IMMEDIATELY SEEDED (TEMPORARY & PERMANENT RIPARIAN SEED MIX), MATTED (COCONUT MATTING: NAG C- 125800), AND STABILIZED. SLOPES SHALL BE STABILIZED AND PROVIDED WITH SUFFICIENT GROUNDCOVER TO CONTROL EROSION AND SEDIMENT IN ACCORDANCE WITH THE NEW STABILIZATION TIMESFRAMES CHART FOUND ON SHEET 5. 4. ENE STAKES (PRIMARY) AND MATTING STAPLES (AS NECESSARY) WILL BE USED TO SECURE THE COCONUT MATTING. 5. BROADCAST SEEDING RATES AND SOILAMENDMENTS WILL BE AS SPECIFIED ON THIS SHEET. 6. NATIVE SHRUB AND TREE SPECIES WILL BE PLANTED THROUGHOUT THE PROJECT AREA AT A RATE OF 400+ STEMS /ACRE, SECURING NEAR BANK AREAS AND PROVIDING FUTURE SHADING OF CHANNEL (SEE CHANNEL REVEGETATION DETAIL THIS SHEET), 7. IN GENERAL, EXCESS CUT SOILS SHALL BE REMOVED VIA DUMFTRUCKS TOAN OFFSITE LOCATION. IF SOILS MUST BE TEMPORARILY STOCKPILED ONSITE, SILT FENCE SHALL REESTABLISHED AT THE PERIPHERY OF THE STOCKPILE AND PILES SHALL BE LOCATED AT LEAST SO FEET AWAY FROM SURFACE WATERS. 8. PRECAUTIONS WILL BETAKEN TO KEEP HEAVY EQUIPMENT OUT OF THE STREAM CHANNEL EXCEPT WHERE ABSOLUTELY NECESSARY TO INSTALL IN- STREAM STRUCTURES AND BOULDER TOE WALLS. FUELS, LUBRICANTS, COOLANTS, AND HYDRAULIC FLUIDS, OR ANY OTHER PETROLEUM PRODUCTS SHALL NOT BE DISCHARGED ONTO THE GROUND OR INTO SURFACE WATERS. 9. ALL TEMPORARY ESC MEASURES SHALL BE REMOVED POST- CONSTRUCTION. SILT FENCE SHALL NOT BE REMOVED UNTIL DISTURBED AREAS HAVE BEEN STABILIZED AND PERMANENT GROUND COVER HAS BEEN ESTABLISHED. -r - B- II AUTfRrM NOTES: 1. RODS parEllSipLS 5M4LL BE 1', lHux 2, w10E. AND T -S' 1.0003. 1. ROCK- EtMr1yE SIDE ItWtESTEE7 tOGYLY OR iRLIY 001 -rp43 STREAM 3 THERTc, SHOULN RFRANGUTARO -cid Tac, NE ROCXTDROQND IFRT. THER NDTOBOOt CONTACT SHOULD BE SOLID. If ROCKS ARE NOT wSmE,ffY FIAT THE TNICXER ENO SNOUtO BE PLACTOOOWI6TREAM. cDNSTIIXTILN ND7F5: 1. ATNENJI SITYLEDW MA MANVER TIMTnE PoOTFIi FOiOii OIOSS KAOBt AOfitS MD AA®I !X 1/3 Cf 11E WpG YEAOm RODS ARE BUla9)EMAN TIE ®ARlA2 2. =ABEYArm" rm" Y %A ®WfiMA NYM.YaJC TN(IMB. 3. R2OIB1 R0pt5 SIMIL E PL.QD ID6T WIN NEAO(R R00.S MA ®aw TOP ml3a ro eAaatnzpw THE tRBOY. MINE ®nBl (alas) R]RTWN II1E IF.1Wi ROnS SIWL E ' nNT TIE TOR prnE1FM 11p[K _TKw EQUAL. TO E mmO's"D ®y rKw . s. GEDDxrer AMRZC'sIW1 ENARDN TIETRfNDl w1N AwwOJL 1 R. OF (7ABIAP. fi ROO(faL AMTDIp.1. SIW1 E910E fRINAN01Ap TIEfABIBf. TIE IF..DB RODS DY TILE WINGIDRTIW SITYL EftA ®SO [TNT 11EY SLOpF V m3aT TIE ®BEVATIPI AT TIE Olcs aJanaY, TDA BANgial nEYA11OY MID MftT THE BANX AT A Is•- z1°ANf1E. e. suRFAEF ono roprtR FDaL's Ar earn ETros sMAL E nED N SEOaELYro THE aArac TO £LDITNA1F 11E RESIBr(fIY OF WATER plsexva+. Dfr-0 w roe sTEPOVm®rot DAAITr A -A CROSS - SECTION In II >n I73 I I SUpAAE FOOT (TIP 1 %a1Y �: :.•• AA9lNWBY 1 g IiOTEJ(illf (MEdC FOOTER gOIX(S� - 7 Y� Remove any unstable woody debris and preserve well - rooted vegetation BOULDER TOE PROTECTION UNLESS OTHERWISE NOTED, DESIGN PRESENTED ON THIS PLAN SHEET IS BY BRUSHY FORK ENGINEERING DIVISION, PLLC. LICENSE # P -1089. PROGRESS DRAWINGS DO NOT USE FOR CONSTRUCTION 0 Cl) u Z� Oo Of Of 2 I I Q J U ° W < a LL O ~ Ir �/ O Z 0- p J to Q W a2 O W Z UL C O OZ VJ ~ Im Vaughn a Melton Consulting Engineers, Inc. NORTH CAROLINA 828- 253 -2796 SOUTH CAROLINA 864- 5744775 KENTUCKY 606- 248-6600 TENNESSEE 865" 546 -5600 GEORGIA 770.627 -3590 _.vwghnmalton.com Copyright ('2013 N RIpNb Relieved �DRAWN: CRH CIECRED: I - NO )O0OO XX 1 SCALE NTS I DATE: JULY 21 , 2015 1 Flu HAAS: PREUM- PLAt15.D1VE 1' DRAWING TITLE. PROPOSED GRADING DRAWING 110.. C -03 66 PROFILE ROCK CROS5 -VANE STRUCTURE A-A .\ 2:1 or FLATTER CTOSS-SEY'bOI7 \ Live branch clmtrys (1/2" - i" diameter) Construction Noes. - /VIII t X AL Construction will begin x Me lowest Yr . I " Ri,l A Low Bank Elevation polo[ of the slope Ez ovation of the minimum amount of Degraded Vertical Bank eldsting to provide a suitable recess Rocks shall be placed at least a - .. three -point - bearing on Me foundation material GeetMtRe Fatil Rocks specified for this structure shall have a median diameter of 3' y - • Fla[, rectangular rock will be used B -B As the toe protection Is built, layers will ed overlapping pattern to Water Surface PROFILE m N e m12 gaps Lgwer bar of boulder toe 1.p be Vegetated rock toe will be placed in a placed below existing thalweg elevation manor Intended to stabilize the vertical bank, not to constrict channel geometry • Sloped fig 1.D be seeded with temporary - • grass within L day of ground disturbing • activity and covered with erosion control fabric Remove any unstable woody debris and preserve well - rooted vegetation BOULDER TOE PROTECTION UNLESS OTHERWISE NOTED, DESIGN PRESENTED ON THIS PLAN SHEET IS BY BRUSHY FORK ENGINEERING DIVISION, PLLC. LICENSE # P -1089. PROGRESS DRAWINGS DO NOT USE FOR CONSTRUCTION 0 Cl) u Z� Oo Of Of 2 I I Q J U ° W < a LL O ~ Ir �/ O Z 0- p J to Q W a2 O W Z UL C O OZ VJ ~ Im Vaughn a Melton Consulting Engineers, Inc. NORTH CAROLINA 828- 253 -2796 SOUTH CAROLINA 864- 5744775 KENTUCKY 606- 248-6600 TENNESSEE 865" 546 -5600 GEORGIA 770.627 -3590 _.vwghnmalton.com Copyright ('2013 N RIpNb Relieved �DRAWN: CRH CIECRED: I - NO )O0OO XX 1 SCALE NTS I DATE: JULY 21 , 2015 1 Flu HAAS: PREUM- PLAt15.D1VE 1' DRAWING TITLE. PROPOSED GRADING DRAWING 110.. C -03 Memorial Park —North Wilkesboro Site Photosheets Photographed by BFEC on 3/19/2015 Un -named tributary (UT) —Yadkin River is experiencing significant erosion along its river left and river right streambanks. Approximately STA 0 +00 through 1 +25 Memorial Park project: a culvert is proposed. Photosheet 1 �'�� � wr F r F` �ry y __. -` _ . ��'_::. * w. .. � _.a�. :�` _ '.� ,�' �N � y . '�� F'. y `z gip;. _:". ' / , 'if :w `:� ,, + ` .- ..pia �� Approximately STA 1 +25 through 6 +00 Memorial Park project: Natural channel structures, riparian planting, and floodplain benching are proposed. Photosheet 3 Approximately STA 1 +25 through 6 +00 Memorial Park project: Natural channel structures, riparian planting, and floodplain benching are proposed. P _- Loshe:- k- 4 FLOOD HAZARD INFORMATION NOTES TO USERS SCALE siim_wowmzwo:sY'umomMeIM Nw - - — Nf INFORWON OEMMD ON �IS­D ­PORTING OCCLIM ENTAMN AN f AlW AYA IAR .E-NDIGTNIFGRMATAT HRP, FRISAC.GM. FRIS li11.660be a 26o SOO 1.00C MAtMOARFAB Roft" Fbe0." 7 76 iso 6 iso 0 2% Al—I CMNe Fh,a �m PANEL LOCATOR d o. s­. m'. Ch.— iboe H—M OmFA MFRS OF 1 AeMbRMucea F1o0JRlcld­IaYae DNmNRD Ndft wlt mR AN— 01% A—al C­ Fbotlq In. QEN� Chamal,CuNod,01R�U� � ,P�onalh,�MW 1111111111SUr Wlh­ UmKof MeM WwaActlmN PAWN — — — C­�..Nft Am—, cm— ....... Kaeal_ OUR ­h1gs" j.NWINftN Boundary — 1:6,000 AQ 4._.- wAORmsfn 2CM ­­OUNAROCCv INN-MIGM0G E Ca N, tin NORTHCAROUNA O 3868 Aw 4) CO.M.— CID ­ 0 !t m C 0 m Z AQ 4._.- wAORmsfn 2CM United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 July 23, 2015 Ms. Carrie Boyd Brushy Fork Environmental Consulting, Inc. 5902 Highway 421 South Mountain City, Tennessee 27683 Dear Ms. Boyd: Subject: Proposed Memorial Park Enhancement Project, in North Wilkesboro, Wilkes County, North Carolina On June 29, 2015, we received (via e -mail) a letter from you in which you requested our review and comments on the proposed project. We have reviewed the information presented and we are providing the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661- 667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 -1543) (Act). According to the information that you presented, your client is proposing stream enhancement on about 480 linear feet of an un -named tributary to Yadkin River. The project site is in an urban setting with very little riparian buffer existing along the stream. Stream enhancement measures will include in- stream structures, streambed and floodplain shaping, and riparian corridor planting. Some trees will be removed to provide access to the stream and to conduct the enhancement work. Endangered Species. According to our records and a review of the information presented, no listed species or their habitats occur on the site. Therefore, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Project Recommendations. We have no objection to the proposed actions and support any efforts to restore and protect the water quality in the project area. Because stream conditions are least affected where stream banks are stabilized by deep- rooted woody vegetation, stream restoration efforts should incorporate the use of native vegetation adapted to site conditions. Biodegradable erosion - control materials should be incorporated into bank restoration design in order to stabilize soils as vegetation becomes established. Live, dormant stakes (such as black willow) may be used to reestablish root structure in riparian areas. In areas where banks are severely undercut, high, and steep, whole tree revetments or rock may be used as a stabilization treatment (small rock, gravel, sand, and dirt are not recommended due to their erosive nature). However, it should not extend above the bank -full elevation (the elevation of the channel where the natural floodplain begins), and deep- rooting woody vegetation should be established along banks where any channel work is accomplished. Tree and shrub plantings should be spaced at intervals no greater than 10 feet along banks. We generally recommend that forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide along perennial streams [or the full extent of the 100 -year floodplain, whichever is greater]) should be created and /or maintained along all aquatic areas. If these widths are not practicable then we recommend that the vegetated riparian zone extend at least 25 feet from the stream channel. Also, the presence of large woody debris is an important aspect of natural stream conditions in headwater streams. Woody debris, detritus and other vegetative materials are the main source of nutrients and carbon necessary for primary productivity in these stream ecosystems. Removal of this material can affect the production of higher trophic levels, specifically in fish. The Service does not recommend the removal of woody debris within the stream channel or floodplain unless it is causing a debris blockage (logjam) or will affect the ability to achieve bank stability along a specific reach of stream. Erosion Control and Wetland/Stream Protection. We recommend that measures to control sediment and erosion should be installed before any ground disturbing activities occur. Grading and backfilling should be minimized, and existing vegetation should be retained (if possible) to maintain shoreline cover for fish and wildlife. Disturbed areas should be re- vegetated with native grass and tree species as soon as the project is completed. Thank you for allowing us to comment on this project. Please contact Mr. Bryan Tompkins of our staff at 828/258 -3939, Ext. 240, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4 -2 -15 -432. Sincerely, - - original signed - - Janet Mizzi Field Supervisor