Loading...
HomeMy WebLinkAbout20150943 Ver 1_401 Application_20150915P� ECOSYSTEM PLANNING & RESTORATION Letter of Transmittal To: NC DWR, 401 & Buffer Permitting Unit 512 North Salisbury Street Archdale Building — 9`h floor Raleigh, NC 27604 Attn. Karen Higgins We are forwarding the following: <✓ Attached NO. COPIES I TITLE OR DESCRIPTION 2 Full size plans 2 Half -size plans 4 PCN application 1 Check THESE ARE TRANSMITTED as checked below: Ecosystem Planning and Restoration 559 Jones Franklin Road Suite 150 Raleigh, North Carolina 27606 (919) 388 -0787 Jackson Creek Project: RDUO039 WNCSI 2014 Date: 09/04/2015 Doc. Number F Under Separate Cover COMMENTS 2204 11x17 8.5x11. Including figures and agency response letters $570 permitting fee r As Requested r No Exception Taken r— Requested P For Review and Approval r For Comment i For Permitting i For Your Information F Proceed subject to r corrections noted GENERAL COMMENTS: Ecosystem Planning and Restoration (EPR) By: Kevin Tweedy Title: Project Engineer Page 1 of 1 F _ 1 0 O�O,� W AT F9QG O � < A. Applicant Information Office Use;On ly; Corps an I " � DWQ project•no: -- Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form n 1. Processing 'C v 0 9 4 3 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? I ❑ Yes ® No 1d. 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 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes ® No ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ❑ Yes ® No of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h I ❑ Yes ® No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? I ❑ Yes ® No 2. Project Information 2a. Name of project: Jackson Creek 2b. County: Surry 2c. Nearest municipality / town: Mount Airy 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA .Spa 3. Owner Information f y •.�L' 3a. Names on Recorded Deed: Newman, Jimmy R. 4p_4& 3b. Deed Book and Page No. 00629, 0370 FR C�anJ. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 2914 Red Brush Rd 3e. City, state, zip: Mount Airy, NC 27030 3f. Telephone no.: 336 - 320 -2656 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) a 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: Charles Anderson 4c. Business name (if applicable): The Resource Institute, Inc. 4d. Street address: 2714 Henning Drive 4e. City, state, zip: Winston Salem. NC 27106 4f. Telephone no.: 336- 750 -0522 4g. Fax no.: 336- 750 -0177 4h. Email address: canderson @resourceinstituteinc.org 5. Agent/Consultant Information (if applicable) 5a. Name: Kevin Tweedy 5b. Business name (if applicable): Ecosystem Planning and Restoration 5c. Street address: 559 Jones Franklin Road 5d. City, state, zip: Raleigh, NC 27606 5e. Telephone no.: 919 - 388 -0787 5f. Fax no.: 919 - 388 -0789 5g. Email address: ktweedy @eprusa.net Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 590800421433 1 b. Site coordinates (in decimal degrees): Latitude: 36.439917 (DD.DDDDDD) 1 c. Property size: 97.6 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Jackson Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: map is available at Upper Yadkin - 03040101 http: / /h2o.enr.state.nc.us /admin /maps/ 3. Project Description Longitude: - 80.685139 (- DD.DDDDDD) 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: Several sections of channel for proposed stream stabilization have been identified as significantly degraded due anthropogenic manipulation, vegetation loss, and agricultural land use. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,959 feet 3d. Explain the purpose of the proposed project: The purpose of this project is to provide bank stabilization and habitat improvement through stream enhancement practices. 3e. Describe the overall project in detail, including the type of equipment to be used: This project is being conducted as a NRCS Environmental Quality Incentives Program Project (EQIP). NRCS and state grant funding are being used to improve stream stability and instream habitat. This project is not being used for mitigation purposes. The proposed work will involve stream enhancement practices that include bank sloping, benching, replanting, and the use of vanes and toe wood structures to promote stability and improve instream habitat. All work will be conducted in the wet (see attached pump- around diversion exemption). Tracked excavators, dump trucks, and loaders will be the primary pieces of equipment that are expected to be used for construction. Page 3 of 11 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 / ❑ Yes ® No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Other: 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 this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? I ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 ❑ Unknown 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 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 Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary (T) W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ 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 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 Stream Enhancement Jackson Creek ® PER ❑INT ® Corps 8.7' ® DWQ 2,055' S2 ®P FIT Stream Enhancement Tributary 1 ® PER ❑ INT ® Corps 3.0' ❑ DWQ 297' S3 ®P ❑ T Stream Restoration Tributary 2 ® PER ❑ INT ® Corps 10.4' ❑ DWQ 639' S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 2,988' 3i. Comments: impacts are proposed in order to improve overall stream stability and function. Page 5 of 11 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 0. Total open water impacts 0 4g. Comments: 5. Pond or Lake Construction If pond or ake 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 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 El Tar-Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? B1 ❑P ❑T ❑Yes ❑ No B2 ❑P ❑T ❑Yes ❑ No B3 ❑P ❑T ❑Yes ❑ No 6h. Total buffer impacts 0 6i. Comments: Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. This work is being proposed as a stream enhancement project, with the overall intent of improving stream stability and function. Areas of the stream that are currently functioning and stable will not be disturbed. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction equipment access to the stream itself will be limited to the extent practical, and erosion control practices will be used to minimize any potential impacts from sediment run off during construction. For additional information, see the construction plans and specifications. 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: 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 acres acres ❑cold Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 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? If ves, you will have to fill out this entire form — please contact the State for more information. 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: 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 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. 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. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <5 % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Impervious area is less than 24% 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally - implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. DWQ Stormwater Program Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): 4b. Has the approved Stormwater Management Plan with proof of approval been attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 5b. Have all of the 401 Unit submittal requirements been met? ❑ Certified Local Government ❑ DWQ Stormwater Program ❑ DWQ 401 Unit NA ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: ❑ Yes ❑ No ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006 -246 ❑ Other: ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ❑ 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. 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. NA Page 10 of 11 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 habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Yes ® No /1 - �M ❑ Raleigh ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Natural Heritage website and USFWS 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? It is not near the coast. 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? Site was reviewed by the NRCS State Archeologist to determine potential effects, per NRCS guidelines and policies. 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: 8c. What source(s) did you use to make the floodplain determination? NC Floodmaps Website A Applicant/Agentsfrinted Name � PP gent's Si ature Date lica Aug (Agent's signature is valid only if an auth ation letter from the applicant is provided.) Page 11 of 11 vto"► �!N ti N r ar Q r v " f f V� �A Legend Project Location 0 0.5 1 Miles FIGURE 1 PROJECT LOCATION 36° 26'23.7" N 80° 41'06.5"W .o t c U ub> cm JACKSON CREEK VICINITY MAP SURRY COUNTY, NC �a N 1 -74 el-74 4 a� Jam' PREPARED FOR: 6 MRCS M-11c ,w, n Cemn wS-1 \NII H PREPARED � �I DATE: BY: {f �.. SEPT 2015 3 3 L i 1. Z Project Location l L kc, PREPARED FOR: 0 0.125 0.25 JACKSON CREEK Miles USGS o N RCS 1144 FIGURE 2 SURRY COUNTY, NC PREPARED aj'I DATE: . BY: .. SEPT 2015 FnC2 ft 0 150 300 Feet FIGURE 3 OW A III Legend Project Location Name BbD Braddock fine sandy loam, 15 -25% slope BbC Braddock fine sandy loam, 8 -15% slope CrB2 Clifford sandy clay loam, 2 -8% slope, moderately eroded CsA Colvard and Suches soils, 0 -3% slope, occasionally flooded FfD Fairview cobbly fine sandy loam, 15 -25% slope, stony FnC2 Fairview cobbly sandy clay loam, 8 -15% slope, moderatly eroded, stony FeD2 Fairview sandy clay loam, 15 -25% slope, moderately eroded } FeB2 Fairview sandy clay loam, 2 -8% slope, moderately eroded FeC2 Fairview sandy clay loam, 8 -15% slope, moderately eroded WoE Woolwine- Fairview - Westfield complex, 15 -25% slope, stony JACKSON CREEK SOILS SURRY COUNTY, NC PREPARED FOR: o NRCS PREPARED ,-- MI DATE: BY: ( .. I SEPT 2015 •�i M � r r r v �C .y Y� I A4 k \ ■ r r� 4 Y p 1. i 19.7 i J, Ale��� Mutual Agreement for Stream Restoration Project Resource Institute (RI) is a non -profit organization that assists organizations and individuals in carrying out projects to protect natural and human resources while promoting economic development. RI can assist with projects in a variety of ways, including, but not limited to, fund- raising, administering project funds, and contracting for services needed to complete a project. RI has recently adopted a project referred to as the Western North Carolina Stream Initiative to help. farmers and landowners address eroding stream banks that are negatively affecting them through loss of property, hazards for livestock, sediment transport into a stream and degraded aquatic habitat. The fanner/landowner has either initiated an application for assistance through USDA/NRCS's EQIP program , or has already signed an agreement/contract for assistance with USDA/NRCS's EQIP program. RI's role is to help attain the funding, for the design, construction oversight and unmet construction needs of the work for sites with current EQIP program agreements /contracts through USDA/NRCS. RI will assist the farmer/landowner by helping to address issues related to managing and contracting for the required design, planning, permitting and construction work for stream enhancement practices on the site, as well as' necessary structure work, and bank stabilization. i RI's objective is to help address current water quality degradation issues; however, work cannot be guaranteed for acts of nature related to flood events. RI is working with NRCS, Conservation Districts and the fanner/landowner to help reduce those impacts as much as possible. In providing services to the farmer /landowner on this tract of land for stream restoration/stabilization activities to be performed we thereby mutually agree to the following items: 1. The fanner/landowner will allow ingress and egress for all activities related to the stream restoration/stabilization such as: surveys, engineering, construction, monitoring, etc. for RI and its agents. . 2. Fanner/landowner will follow the contractual guidance in the EQIP program with USDA, NRCS. 3. Farmer /landowner will allow NRCS to provide RI with a copy of the associated NRCS EQIP, application, contract and/or contract modifications, and appendix for the purpose of allowing RI to sh4n'cill th RI's other fenders in an effort to help obtain matching dollars. (Initial /date 4. RI will serve as the ma ger for all funds related to the stream restoration/stabilization activities received for the project. 5. RI will provide project management services such as, obtaining the technical resources, bidding and contracting of project elements, and project construction oversight. 6. RI will work with farmers/landowners to resolve differences between construction costs and payment schedule rates. I i Signature Sheet: Stream Restoration Project Agreement Letter SN rr y Count �3 -70 Stream Length Farmer /landowner Print Name and Title Fdmer/l downer Signature and Title 3 Date Email Address (,?AV 37-�- --t--�9-5-1 Phone Number Resource Institute Incorporated Chairman, Resource Institute RC &D, Inc. Date 2 S Stream Name AGENT AUTHORIZATION FORM FOR WNCSI STREAM PROJECTS PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID: 590800421433 STREET ADDRESS: 2914 Red Brush Rd Mount Airv, NC 27030 Please print: Property Owner: Newman, Jimmv R. Property Owner: The property owners above have entered into a Memorandum of Understanding with Resource Institute, Inc. that authorizes the activities proposed on the subject property (see attached for reference). As an authorized representative of Resource Institute, I do hereby authorize Kevin Tweedv (Contractor / Agent) of Ecosystem Plannina and Restoration (Name of consulting firm) to act on behalf of Resource Institute 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. Resource Institute's Address: 2714 Henning Drive, Winston - Salem, NC 27106 Telephone: (336)- 750 -0522 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Date: Authorized Signature V_ Date: REQUEST FOR PUMP - AROUND DIVERSION EXEMPTION Jackson Creek For small stream systems (< one square mile of drainage), pump- around systems are relatively simple to install and can be effective for certain projects. For larger streams, like Jackson Creek pump- around systems require significant disturbance, equipment, and maintenance to function as intended. Numerous concerns have been raised over the past 10 years (the approximate period that pump- around systems have been required for in- channel work) about the use of these systems. These are summarized in the bullets that follow: • Installation and maintenance of a pump- around system can cause significant site disturbance, considering the system is supposed to prevent erosion. • In- channel stream restoration work primarily disturbs sediment that is already present in the stream system as bed material. This material is naturally mobile during storm events. The goal of sediment and erosion control practices is to prevent sediment from entering streams and waterways. In the case of stream restoration work, the sediment is already present in the system. • Past studies have shown that the amount of sediment disturbed by in- channel stream restoration projects conducted at near base flow conditions is equivalent to sediment loads produced during natural small storm events. Therefore, sediment delivery downstream from stream restoration projects is comparable to the natural background sediment load for most streams. • Pump- around systems dewater sections of stream that support aquatic life, including fish and macrobenthic aquatic insects. Dewatering sections of stream for significant periods can kill the aquatic life in that section of stream. For the Jackson Creek Site, this could impact trout populations within the reach. This can be avoided by working in the wet during in- channel stream restoration work. With the concerns above in mind, we propose the following practices be implemented instead of a pump- around diversion(s) for the Jackson Creek Site: • Construction will be limited to periods of near base flow conditions, and the work completed as expeditiously as possible. • Contractor should make every effort to keep equipment out of the active stream flow, when practicable. • Only one piece of excavating equipment should be allowed to work in the active stream for a designated stream restoration reach. • Erosion control measures on the construction site will focus on keeping sediment from the surrounding land and streambanks from entering the stream channel. United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 April 20, 2015 Mr. Erin Bennett Ecosystem Planning and Restoration, LLC 104 Fountain Brook Circle, Suite A Cary, North Carolina 27511 Dear Mr. Bennett: Subject: Federally Endangered and Threatened Species Assessment, Jackson Creek Restoration and Enhancement Project, in Surry County, North Carolina On March 30, 2015, we received a letter from you in which you requested our review and comments for 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). Your letter indicates that steam restoration measures are proposed for a 2,840 linear feet segment of Jackson Creek. Restoration activities will include bank sloping, benching, replanting of riparian buffers, realignment of stream channel with the use of rock and log vanes. No specific plans for the project were included. The project site consists of agricultural fields and little to no riparian buffer exists along the length of stream proposed for restoration 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 (log jam) 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. We appreciate the opportunity to provide these comments. If we can be of assistance or if you have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at 828/258 -3939, Ext. 240. In any future correspondence concerning this project, please reference our Log Number 4 -2 -15 -248. Sincerely, - - original signed - - Janet Mizzi Field Supervisor ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director April 23, 2015 Erin Bennett Ecosystem Planning and Restoration 104 Fountain Brook Circle, Suite A Cary, NC 27511 SUBJECT: Little Fisher River, Jackson Creek, Beaverdam Creek, and Ring Creek Stream Stabilization Projects Surry County Dear Mr. Wright: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) received your March 24, 2015 letters regarding plans for stream stabilization projects on the Little Fisher River, Jackson Creek, Beaverdam Creek, and Ring Creek in Surry County. You requested information concerning any issues that might arise with respect to fish and wildlife. 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). All four projects have been identified for habitat improvement and bank stabilization. They will be restored through a combination of bank sloping, benching, in -stream structures, and vegetation planting and are described below: • The Little Fisher River project will stabilize 2,060 ft of channel impacted by livestock access and lack of riparian vegetation. • The Jackson Creek project will stabilize 2,840 ft of channel impacted by anthropogenic manipulation, vegetation loss, and agricultural land use. This stream will also be realigned. • The Ring Creek project will stabilize 1,500 ft of channel impacted by loss of bank vegetation. The Beaverdam Creek project will stabilize 5,119 ft of channel impacted by anthropogenic manipulation and agricultural land use. None of these projects will impact wild trout resources or other known significant aquatic resources. We recommend that riparian buffers that are to be reestablished be as wide as Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699 -1721 Telephone: (919) 707 -0220 • Fax: (919) 707 -0028 4 EQIP stream stabilization projects Page 2 April 23, 2015 Surry County possible, given site constraints and landowner needs. NCWRC generally recommends a woody buffer of 100 feet on perennial streams in order to maximize the benefits of buffers, including bank stability, stream shading, treatment of overland runoff, and wildlife habitat. Thank you for the opportunity to review and comment on this project. Please contact me at (828) 400 -4223 if you have any questions about these comments. Sincerely, �A4-� Andrea Leslie Mountain Region Coordinator Habitat Conservation Program