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HomeMy WebLinkAbout20121081 Ver 3_More Info Received_20240109AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCELID(s): 2819760912000,2819678860000 STREET ADDRESS: Payne Branch Road, Old Blowing Rock Road Property Owner: Appalachian State University The undersigned, registered property owners of the above noted property, do hereby authorize Carrie Caviness, PhD , of Interface Environmental Consulting, LLC (Contractor/Agent) (Consulting Firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification issued by the North Carolina Department of Environmental Quality (NCDEQ) and/or the Army Corp of Engineers (USACE) and any standard and special conditions attached. Property Owner's Address (if different than property above): University Property Office, BB Dougherty Administration Bldg, 438 Academy Street, Boone, 28608 Telephone: Michelle Novacek, Director of Real Estate, 828-262-8776 We hereb rtify the abo information the bes of ou knowled . rll-i� Authorized Signature: Daniel T. Layzell, Date: ` 2—/ 6 d in tiis application is true and accurate to ancellor of Finance and Operations AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. _N/A PARCEL ID(s): 2819587780000 STREET ADDRESS: 276 /278 OLD BLOWING ROCK RD Boone NC 28607 Property Owner: _Blue Ridge Conservancy The undersigned, registered property owners of the above noted property, do hereby authorize .Carrie Caviness , of Interface Environmental Consulting, LLC (Contractor/Agent) (Consulting Firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any standard and special conditions attached. Property Owner's Address (if different than property above): 416 Aho Road, Blowing Rock / Mailing: PO Box 568, Boone, NC 28607 Telephone:_ (828)264-2511 We hereby certify the above information submitted in this application is true and accurate to the best of our owledge. a "-, 1.5-,y r. C, � M, LrA� —Authorized Signature: Date: // ` Zo ` -2 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2023-0047373 Project Name: MFG Section 5 February 21, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 02/21/2023 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BABE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat maybe affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handhnnk. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries ■ Migratory Birds ■ Wetlands 02/21/2023 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 02/21/2023 PROJECT SUMMARY Project Code: 2023-0047373 Project Name: MFG Section 5 Project Type: Recreation - New Construction Project Description: Proposed Greenway Trail Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)36.1880181,-81.65569056124534,14z Counties: Watauga County, North Carolina 02/21/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 7 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 Virginia Big -eared Bat Corynorhinus (=Plecotus) townsendii virginianus Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/8369 REPTILES NAME STATUS Bog Turtle Glyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https:Hecos.fws.gov/ecp/species/6962 02/21/2023 4 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Virginia Spiraea Spiraea virginiana Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1728 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 02/21/2023 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 02/21/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10 and Alaska. htWs:Hecos.fws.gov/ecp/species/9399 02/21/2023 NAME BREEDING SEASON Bobolink Dolichonyx oryzivorus Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Canada Warbler Cardellina canadensis Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 10 and Alaska. Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25 and Alaska. Golden -winged Warbler Vermivora chrysoptera Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Jul 20 and Alaska. https:Hecos.fws.gov/ecp/species/8745 Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (SCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. 02/21/2023 3 How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FFEIB1 APR MAIY IJIU1N 1JJU1L 1AUG SEP OCT NOVVVDEC Bald EagleIF l+li AlLL�Iv+ ++++ ++�+ ++±��� gill ��■ ���1 Non -BCC I Vulnerable Black -billed ++++ ++++ ++++ ++++ T+++ '+++ +A ll++ ++++ ++++ Cuckoo 02/21/2023 4 BCC Rangewide (CON) Bobolink BCC Rangewide ++++ ++++ ++++ + I I III 11t+ ++++ I I I I I I ++ 1+++ ++++ ++++ (CON) Canada Warbler BCC Rangewide ++++ ++++ ++++ ++++ ++++ ++2 ++++ ++++ (CON) yy *■■■■ ■��■■�■■ ��� �� Chimney Swift BCC Rangewide ++ ++++ ++++ 1+ +T+$ ITT TT 1+++ + + ++++ (CON) Golden -winged Warbler ++++ ++++ ++++ ++++ ++++ + 4ji III+ ++++ +0++ ++++ ++++ ++++ BCC Rangewide (CON) + Prairie Warbler BCC Rangewide ++++ ++++ ++++ *+++ ++++ ++++ ++00 ++Ty , 0+++ ++++ ++++ (CON) yy + Red-headed Woodpecker 4+* ++++ ++++ ++++ ++++ +*+ ++ +�++ ++++ ++++ BCC Rangewide (CON) Rusty Blackbird ++++ 4+6 +as1 l I I I I ++ ++++ ++++ ++++ ++++ ++++ BCC -BCR Wood Thrush BCC Rangewide ++++ ++++ ++++ +N I 1 Nell 111111111++1$11110+0 ++++ ++++ (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library—/ collections/avoiding-and-minimizinp--incidental-take-migratorv-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits 02/21/2023 may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL)Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 02/21/2023 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, 02/21/2023 should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 02/21/2023 WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER FORESTED/SHRUB WETLAND ■ PF01C RIVERINE ■ R4SBC ■ R3UBHx ■ R3UBH FRESHWATER EMERGENT WETLAND ■ PFM1 Ah 02/21/2023 IPAC USER CONTACT INFORMATION Agency: Interface Environmental Consulting, LLC Name: Sarah Duke Address: 42 Hodges Lane City: Banner Elk State: NC Zip: 28604 Email duke.sarah123@gmail.com Phone: 8287735523 Pt9H Jk11Y"IJf* ffrwp"7. United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: September 14, 2023 Project code: 2023-0125616 Project Name: Middle Fork Greenway - Boone Gorge Park Federal Nexus: no Federal Action Agency (if applicable): Subject: Technical assistance for 'Middle Fork Greenway - Boone Gorge Park' Dear Carrie Caviness: This letter records your determination using the Information for Planning and Consultation (IPaQ system provided to the U.S. Fish and Wildlife Service (Service) on September 14, 2023, for 'Middle Fork Greenway - Boone Gorge Park' (here forward, Project). This project has been assigned Project Code 2023-0125616 and all future correspondence should clearly reference this number. Please carefully review this letter. Your Endangered Species Act (Act) requirements are not complete. Ensuring Accurate Determinations When Using IPaC The Service developed the IPaC system and associated species' determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. All information submitted by the Project proponent into IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain questions in the DKey commit the project proponent to implementation of conservation measures that must be followed for the ESA determination to remain valid. Determination for the Northern Long -Eared Bat Based upon your IPaC submission and a standing analysis, your project is not reasonably certain to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. 09/14/2023 IPaC Record Locator: 305-131368835 2 Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: ■ Bog Turtle Glyptemys muhlenbergii Similarity of Appearance (Threatened) • Gray Bat Myotis grisescens Endangered ■ Green Floater Lasmigona subviridis Proposed Threatened ■ Monarch Butterfly Danaus plexippus Candidate • Tricolored Bat Perimyotis sub flavus Proposed Endangered ■ Virginia Big -eared Bat Corynorhinus (=Plecotus) townsendii virginianus Endangered ■ Virginia Spiraea Spiraea virginiana Threatened You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species and/or critical habitat listed above. Note that if a new species is listed that may be affected by the identified action before it is complete, additional review is recommended to ensure compliance with the Endangered Species Act. Next Steps Coordination with the Service is complete. This letter serves as technical assistance. All conservation measures should be implemented as proposed. Thank you for considering federally listed species during your project planning. We are uncertain where the northern long-eared bat occurs on the landscape outside of known locations. Because of the steep declines in the species and vast amount of available and suitable forest habitat, the presence of suitable forest habitat alone is a far less reliable predictor of their presence. Based on the best available information, most suitable habitat is now expected to be unoccupied. During the interim period, while we are working on potential methods to address this uncertainty, we conclude take is not reasonably certain to occur in areas of suitable habitat where presence has not been documented. If no changes occur with the Project or there are no updates on listed species, no further consultation/coordination for this project is required for the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional coordination with the Service should take place before project implements any changes which are final or commits additional resources. If you have any questions regarding this letter or need further assistance, please contact the Asheville Ecological Services Field Office and reference Project Code 2023-0125616 associated with this Project. 09/14/2023 IPaC Record Locator: 305-131368835 3 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Middle Fork Greenway - Boone Gorge Park 2. Description The following description was provided for the project'Middle Fork Greenway - Boone Gorge Park': This project includes a linear greenway corridor (trail and boardwalk), two pedestrian bridges, a greenway trailhead, and stream and wetland restoration activities. The approximate location of the project can be viewed in Google Maps: https: www. uoo v-le.com/mans/036.18807004999999.-81.65505481895721.14z � 'Plinry :,-i• IhV for [01 : - {.C. Li �r*1 V J.J., :' X w 09/14/2023 IPaC Record Locator: 305-131368835 4 DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of "may affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis septentrionalis). QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species? No 2. Do you have post -white nose syndrome occurrence data that indicates that northern long- eared bats (NLEB) are likely to be present in the action area? Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed acoustic detections. With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service. No 3. Does any component of the action involve construction or operation of wind turbines? Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.). No 4. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? No 09/14/2023 IPaC Record Locator: 305-131368835 PROJECT QUESTIONNAIRE 09/14/2023 IPaC Record Locator: 305-131368835 IPAC USER CONTACT INFORMATION Agency: Blue Ridge Conservancy Name: Carrie Caviness Address: 476 Hidden Pond Rd City: Boone State: NC Zip: 28607 Email carrie.caviness.l@gmail.com Phone: 9196564543 Specific Indicators tolook Species Common Name Scientific Name Listing Status HABITAT Effect Determination Notes: Effect Determination for Roost sites are nearly exclusively restricted to caves throughout the year (Hall and Wilson 1966, Barbour and Davis 1969, Tuttle 1976), though only a few percent of available caves are suitable (Tuttle 1979). Winter roosts are Gray Bat Myotis grisescens Endangered in deep vertical caves with domed halls. Large summer colonies utilize caves Caves There are no caves located within No effect that trap warm air and provide restricted rooms or domed ceilings; the proposed project site. maternity caves often have a stream flowing through them and are separate from the caves used in summer by males. Northern Long-eared Bat Myotis septentrionalis Threatened SPECIES COVERED BY DETERMINATION KEY - See MA Consistency Letter: NLEB See DKey May effect, but not likely to adversly effect Inhabit caves year round (karsttopography), Virginia Big -eared Bat Corynorhinus townsendii virginianus dominated by oak- Carst landscape dominated by Oak -Hickory OR Beech -Maple -Hem lock Caves There are no caves located within No effect hickory OR beech -maple- Forests. the proposed project site. hemlock forests Middle Fork Greenway Boone Gorge Park Site Photo Sheet Photographsl0/2023 ' ljL Y' # i � �i . -�.. .�'¢r�- p�aygr. �,• ■ - ' :�.�..�� �•' � �•d�1Y . § T�•�A. rs e �.. w a .V �•. ]� "i��� .!. -fin �� 1�,�s _. .. .. ^�. �� � yid- a,f • � � - , v ,� '_ - fir' •� - :�._ - .',- �i . � �.•���•.. �. Rfver. ri,ght.i:� • � � •sue �ii. �.�, g" �'„ .��' � 'q.� - - _'��� � �' Rai .i Y M • � 'S�'�.,., +� - .. _' � �L. ��� 'v .6p•, -1j' '• -"rjati -i.�� _ ..r �' s.' 'S ".r __.- - ._•�. .::w� '-. ,�.A _ �� j. i+•_. f NA — 'i,-: - �:��' - - •-� ..�; :i 6:;�. _a t� � i+'''m ice. dpY PdW N� b. d - v ,/y •�f -� I�lY' - -t �'�! Spa. . �� •. f 3.^� :'� €'Y i _ - � �F .'rb�.� . . - ��• .l.�f a � p - � � _ .� `~��-` - .ems ,.�. .. +►��.,. � X:h 1. �_ - :. y '''� wi yTy - _� - .'S. � - ..)--.•_ - - - -- _ ._ arrows'. �� i.' :.� ,.,.. �:�#. ..�'{�`.�.� '.. - _ ..� ...ac`�'... ��e•-4 _ i� '� r-� y.. �.� .. �• .� � � ��„„�. �•.: ! r UT1 MFNR UT2 MFNR Temporary pipe crossings (HDPE 12" min) propose at UT1 and UT2 MFNR. Temporary impacts of 20' are proposed at each crossing which includes 10' of pipe length. These crossings are proposed downslope of span boardwalk (permanent crossing) Sheet 3 Temporary span crossing for construction to be installed just upstream of the proposed span pedestrian bridge and set in place on gravel footers. No permanent or temporary impacts are anticipated at Bridge 2 with the exception of streambank sloping and rip rap stabilization along the river right streambank (20'). Looking from River Right to River Left at Bridge 2 location (downstream bridge) Sheet 4 f.: Ati-.: -.. •y��f Looking downstream at ADA Fishing pier location along River Right MFNR 25' of permanent and temporary impacts are proposed at the fishing pier location. Impacts include streambank sloping beginning below the OHWM and placement of permanent rip rap stabilization. Sheet 5 Proposed permanent and temporary impacts include streambank sloping, toe wood streambank structure, and a log vane structure coupled with a midchannel bar removal. Impacts equal 250'. All work is proposed from the river right streambank. Looking downstream on River Right at streambank stabilization site Sheet 6 Surveyed BRC Parcel r-'/N:281958778000F _A11= LEGEND SURVEYED BOUNDARY SURVEYED ADJOIN COUNTY GIS BNDY MFNR TOP OF BANK PERM EASEMENT REQUEST MFG ALIGNMENT MFG BOARDWALK/BRIDGE 0 200 400 Feet BANK STABILIZATION PERM IMPACTS ADA FISHING PER PERM IMPACTS BR DGE 2 PERM IMPACTS GIS Bndy ASU Parcel PIN: 2819678860000 PERM EASEMEN c \ REQUEST (,n —3.635 ACRE' w N MFG Alignment S�R� U, _ �, eyEO Toe UT MFNR "�"'yam Gore TEMP IMPACTS °°"(to be determined Surveyed EPHEMERAL '%, by survey) BRC Parcel —1.7 acres PIN: 2819587780000 TEMP IMPACTS No Adjoin BRIDGE 1 TEMP IMPACTS J� _ rRM EASEMENT,/ EQUEST 0.503 ACRES \ \ GIS Bndy I \ Wat Co Parcel J \\ Surveyed PIN: 2819761780000 Adjoin Line \ r \\ PIN:2819664689000 \ GIS Bndy ASU Parcel \\ PIN: 2819760912000 GIS Bndy ASU Parcel \ SIN: 2819762 9000 BASIS OF DATA SURVEYED BRC BOUNDARY DATA PROVIDED BY SURVEY PROS, INC. SURVEYED EASEMENT LINES PROVIDED BY MATTERN & CRAIG ENGINEERS AND SURVEYORS, INC. GIS BOUNDARY LINES AND AERIAL PHOTOGRAPHY ARE PUBLICLY AVAILABLE DATA . EASEMENT REQUEST AREAS AND MFG ALIGNMENTS GENERATED BY IEC, LLC. (11 /2023) 0 IEC PROPOSED INVASIVE REMOVAL REG FLOODWAY 600 ems° LINE FROM FRIS \ SURVEYED TOP OF BANK \ X00 \ ` xoo PROPOSED TOEWOOD SLOPING FOR PROPOSED LOGVANE PEDESTRIAN ACCESS + PROPOSED STREAMBANK ` \ SLOPING PROPOSED INVASIVE REMOVAL PROPOSED ADA FISHING PIER 0 60 120 � Fee\ � �00 UPPER LEFT BRIDGE (BRIDGE tream 1) 3248 3240 ' y \\'---- ♦ f 3232 Boreho -- ----- 3224 1+ 5 1+50 1+25 1+00 Station 3216 0+75 0+50 0+25 0+00 -0 10 BRIDGE 1 TEMP IMPACTS DUE TO CONSTRUCTION; SETTING TEMP CROSSING AND ACCESSING \ ABUTMENT LOCATIONS FOR CONCRETE POURS Ok00 N W Z�Z f� 7 Q U o LEGEND BRIDGE ABUTMENT 322 . Q a nu 2 / REG FLOODWAY —� _ / (SURVEYED) LOWER BRIDGE (BR DGE 2) 3176 13168 ------ 2 6----- ---------------- ----------- - 3160 , 6 „ ' 3152 RIVE RIGHT ore hRIVER LEFT 3144 1+ 5 1+50 1+25 1+ DO Station 0+75 0+50 0+25 3136 0+00 -0 10 / RIVER G 8 F LEFT RIVER o RIGHT BRIDGE ABUTMENTS + �� BRIDGE 2 PERM IMPACTS STREAMBANK SLOPING AND r J ( STABILIZATION. RIPRAP PROP GREENWAY CURRENTLY PROPOSED; TBD ALIGNMENT REVISE TO MATTING PER 58 STRUCTURAL ENGINEERS REC o LEGEND n ' / REG FLOODWAY LOW SPOT/ FLOW -WAY TOB/OHWM (SURVEYED) ADA FISHING PER STA 2+ 02 3172 316 168 316 71 316 160 CD 315 C 315 152 r� 314 �° 314 144 314 313 136 1+00 0+00 —0+10 Station 3 3 3 3 3 ,-SMOOTH TRANSITION FROM 4 ELEV 3158. ASPHALT TO DECKING TYPICAL — FLOW DEPTH a��NDriu UTSLOPE O 5% 2 SLOPE (4:1) a 4 �iN 12' own+ 0+75 0+50 0+25 PERMANENT IMPACT DUE TO SLOPING AND V/—X//j/�RIPRAP STABILIZATION PROP ADA FISHING PIER AND ADJACENT STREAMBANK SLOPING CONTOURS RIVER RIGHT I C(`CN In / REG FLOODWAY TOB/OH WM (SURVEYED) t a f . Fred a6dr$55. sbGdC resoufce 5krnrn Lam Y}` •- f �. tin DO C mplea IV 4k r ilrn . O 3hi3ijowl� ntr Fi dogma Co+*E I .. J:� A _ lot 7- � le, 15 CA r+ ivy Dr 221 Krlj, gvua Drir's -Dry 00, Pq It 4 ,p � � 1z �+ a= +� `Irl��e Or VVT0249 $arnAU!kUL Create a ' r �� rr+IAve Sea rch Results A? TrOu+tlpdi Un ,r5ti,•. Find res-o4,rces w1thin a hLiffer Spatial Rema t � U �` Only return features that intersect with the shape�� � T r I drawn c�n the mapI L VN 1 '+110 + 1� Clear this shape after apiplyino the query, 41 4:� -%rl "r, � 0 Apply a search distance 5 it 0.5 miles % Result IayeF name 0 - Find resources Yrlthin a buffer _Query I,esi } f L AVr` CP � M ,•f sy,;� �i 00004 e -tap N V I I r I I ,•�.r �� �`��Tr�`��;tip Nco f 4 I E2.54 J=6 A GMMW c6� 0 #� Crlr Farm oar d� 11** 045 W N Ln F wr%y aye E e7 r '36 C 4 #tf)2v YwT0260 J . 0. Manawn OA Cxn � t 0.4N House Deartiord Rol .-I WT0275 Camie Cr4cher Huge .Pj0r, IL ►r S f $arhlb �# 1 'P ` AA � k kh �.P #* t� 43 S ?tart■ uF t4ort4 CeFo ma CPDT, Err,. H ERE, Garman, INCREMENT P. NGA. 0 # t• Pf National Flood Hazard Layer FI RMette ," FEMA 8199'44"W 36o11'39"N I - l .V,000 0 250 500 1,000 1,500 2,000 Basemap: USGS National Map: Orthoimagery. Data refreshed October, 2020 Legend SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation (BFE) Zone A, V, A99 SPECIAL FLOOD With BFE or Depth zone AE, AO, AH, VE, AR HAZARD AREAS Regulatory Floodway 0.2%Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zone x Future Conditions 1% Annual Chance Flood Hazard zonex Area with Reduced Flood Risk due to OTHER AREAS OF Levee. See Notes. Zone x FLOOD HAZARD ��� Area with Flood Risk due to Leveezone D NO SCREEN Area of Minimal Flood Hazard zone Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard zone D GENERAL -- - - Channel, Culvert, or Storm Sewer STRUCTURES IIIIIII Levee, Dike, or Floodwall V Cross Sections with 1% Annual Chance t7•s Water Surface Elevation a - - - Coastal Transect —w— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary — --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available N No Digital Data Available MAP PANELS Unmapped The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/20/2023 at 3:10 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. r , Ca�ouw4 N r elw,sl...ui ,11111111L.� }; + . - -d JP �Orea% Triurriph i-rr � T Y�1411111 11k1g k err) 36a6 IT L�n } A:$h!ey'Ll� �81.669 36.196 Degrees 00 m +� oom to ,. Surface Water Classifications: Stream Index: low" Stream Narne: Description: r•S j 0 Classification: Date of Class.: 1hfh�+ Anne +G-I;e C'1nrr rn�nin k% L'. curve /\ 13 X 10-1-2-(14) Middle Fork South Fork New River From Boone Darn of Appalachian State University to a point 0.4 rrrile downstream of U.S. Hw s. 221 & 321 wS-N-1 January 31, 1993 Yarn.011 K870b 38750 I& 03 r-3 Legend Lagers Print 00 r,;fY 0 © Surface Water Classifications: 0- C 4abo U-fe1Ln f'ra'; 'p"Jat r L J P 't la fo wr F r C% SLate of North Carolina DOT, Tennessee STS G I r Esri, HERE, G armIn, I NC REMEf T P, Intermap, US S, METI{'f --- Powered by Esri Stream Index - Stream Flame: Desch ption, Classification: Date of Class. - what does this Class. mean? Fiver Basin: 10--1- -(1 ) Middle Fork South Fork New River From Roane Darn of Appalachian State University toapoint 0. mile downstream of U.S. i--I wars . 221 & 321 ws-Ev:+ > January 31, 199 View New U ��� U.S. DEPARTMENT OF THE INTERIOR The National Map U S BOONE QUADRANGLE U.S. GEOLOGICAL SURVEY I Ic NORTH CAROLINA - WATAUGA COUNTY science for a changing world ` vv Topo "" 7.5-MINUTE SERIES -81.7500' 36.2500' 433000ME 4011000mN 10 09 08 07 06 05 04 03 02 01 MA 00 MV 99 34 36.1250' 33 34 -81.7500' 35 35 36 36 Produced by the United States Geological Survey MN, , North American Datum of 1983 (NAD83) World Geodetic System of 1984 (WGS84). Projection and Gil 1 000-meter grid: Universal Transverse Mercator, Zone 17S This map is not a legal document. Boundaries may be 7°2f generalized for this map scale. Private lands within government 131 MILS reservations may not be shown. Obtain permission before 7 MILS entering private lands. Imagery .....................................................NAIP, September 2020 - September 2020 Roads ......................................... U.S. Census Bureau, 2016 - 2016 Roads within US Forest Service Lands ........................ FSTopo Data UGRID AND MAGNETIC NORTH DE AT C with limited Forest Service updates, Not Available DECLINATION AT CENTER OF SHEET Names............................................................................GNIS, 1980 - 2022 U.S. National Grid Hydrography...............................National Hydrography Dataset, 2002 2018 100,000 - rn Square 10 Contours............................................National Elevation Dataset, 2022 Boundaries ..............Multiple sources; see metadata file 2017 2021 MA `b0 Wetlands.................FWS National Wetlands Inventory Not Available MV Grid Zone Designation 17S 37 37 38 38 SCALE 1:24 000 39 39 40 1 0.5 0 KILOMETERS 1 2 1000 500 0 METERS 1000 2000 1 0.5 0 1 MILES 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET CONTOUR INTERVAL 40 FEET NORTH AMERICAN VERTICAL DATUM OF 1988 This map was produced to conform with the National Geospatial Program US Topo Product Standard 41 40 41 NORTH CAROLINA QUADRANGLE LOCATION 1 Sherwood 1 2 3 2 Zionville 3 Todd 4 5 4 Valle Crucis 5 Deep Gap 6 Grandfather Mountain 6 7 8 7 Globe 8 Buffalo Cove ADJOINING QUADRANGLES 42 42 43 443000ME ROAD CLASSIFICATION Expressway Local Connector Secondary Hwy Local Road Ramp 4WD I. Interstate Route 0 US Route O State Route B FS Primary Route 0 FS Passenger FS High Route Clearance Route Check with local Forest Service unit for current travel conditions and restrictions. BOONE, NC 2022 -81.6250° 36.2500' 11 10 R 08 07 05 04 03 02 01 MA 00 MV 99 3998000m N 36.1250' -81.6250' vm LO 00 LO 00 I-- M N (0U) o 0 M in v� Z r` LL LU ZQ N C7 ZZ SHEET SCALE: 1 "=90' 0 100 200 Feet J U R SDCT 0 NAL D ETER M NAT O N MAP MIDDLE FORK GREENWAY SECTION 5 BOONE GORGE W ATA U G A COUNTY, NC REVISIONS DATE PREPARED BY: NTERFACE ENV RONMENTAL CONSULT NG. LLC 476 HIDDEN POND ROAD BOONE, NC 28607 919-656-4543 I EC Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 12/12/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: IEC, 476 Hidden Pond Rd Boone NC C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Asheville D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Watauga City: Boone Center coordinates of site (lat/long in degree decimal format): Lat.: 36.190126 Long.:-81.65734 Universal Transverse Mercator: Name of nearest waterbody: Middle Fork South Fork New River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑■ Field Determination. Date(s): October 2022 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) MFNR 36.187100 -81.65476T ±45001f Non -wetland 404 UT-MFNR 36.1878680 -81.654851 ° + 1501f Non -wetland 404 Ephemeral Channel 36.1877740 -81.6546740 ±501f Non -wetland 404 wetland 1 36.1876600 -81.6547370 +0.024ac wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ❑■ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ 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: Boone 1:24000 ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑■ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: ❑■ Photographs: ❑ Aerial (Name & Date): or 0 Other (Name & Date): Fall 2022 (National Geodetic Vertical Datum of 1929) ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Ephemeral Channel NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC DWQ Stream Identification Form Version 4.11 Date: 10/12/2022 Project/Site: MFG - Hollars Latitude: Evaluator: Sarah Kilby County: Watauga Longitude: Total Points: Stream Determination (circle one) Other Stream is at least intermittent 10.5 Ephemeral Intermittent Perennial e.g. Quad Name: if>_ 19 or perennial if>_ 30* A. Geomorphology (Subtotal = t5'11) ) Absent Weak Moderate Strong 1 a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 1 0.5 1 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 0 1 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biologv (Subtotal = 2 ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: Periwinkle dominating the channel at the base. Leaf litter is abundant throughout. No base flow was present. A headwater seep was located upslope of the ephemeral feature. 41 UT-MFNR NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC DWQ Stream Identification Form Version 4.11 Date: 10/12/2022 Project/Site: MFG - Hollars Latitude: Evaluator: Sarah Kilby County: Longitude: Total Points: Stream Determination (circle one) Other Stream is at least intermittent 25 Ephemeral Intermittent Perennial e.g. Quad Name: if>_ 19 or perennial if>_ 30* A. Geomorphology Subtotal = 13.5 Absent Weak Moderate Strong 1 a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 1 0.5 1 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hvrirnlnnv (.quhtntal = 6.5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Bioloav (Subtotal = 5) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: -Caddisfly casing were found with ease in high abundance. -A couple of water pennies -Base flow was present throughout -Leaf litter was present, about 75% of channel bed 41 � Tu. STA7p 4 •Rit ;� Cunrn vN,' North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson Wendy Patoprsty Blue Ridge Conservancy PO Box 568 Boone, NC 28607 Re: Construct Boone Gorge Park, Watauga County, ER 22-1034 Dear Ms. Patoprsty: Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. wendy(a,blueridgeconservancy.org Thank you for your letter of March 23, 2022, regarding the above -referenced undertaking. We have reviewed the information provided and offer the following comments: We have determined that the project as proposed will not have an effect on historic structures. The area of potential effects (APE) for the proposed park includes a high probability, elevated landform along the Middle Fork of the New River. One archaeological site (31 WT55) was previously recorded within the APE, but it was never fully delineated or evaluated for listing the National Register of Historic Places (NRHP). Given that the proposed development includes construction of trails, bridges, parking lots, streambank restoration, and other activities requiring significant ground disturbance in the immediate vicinity of this site, we recommend that a systematic archaeological survey be conducted prior to the initiation of construction. The entire 32-acre project area does not need to be subjected to archaeological survey. We recommend that the survey concentrate on portions of the APE where the slope is less than 25% with the objective of identifying any new archaeological sites and making recommendations regarding their eligibility for the NRHP. Additionally, site 31 WT55 should be re -located, fully delineated, and assessed for NRHP eligibility. This work should be conducted by an experienced archaeologist who meets the Secretary of the Interior's Professional Qualification Standards. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at https://archaeology.ncdcr.gov/archaeolo i_g cal - consultant -list. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. Please note that our office requests consultation with the Office of State Archaeology Review Archaeologist to discuss appropriate field methodologies prior to the archaeological field investigation. You can find the Review Archaeologist for your region at h!Ws:Harchaeology.ncdcr.gov/about/contact-0. OSA's Archaeological Standards and Guidelines for Background Research, Field Methodologies, Technical Reports, and Curation can be found online at: https:Hfiles.nc.gov/dncr-arch/OSA_Guidelines_Dec20l7.pdf. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 ER 22-0134, April 21, Page 2 of 2 These comments are made in accord with G.S. 121-12(a) and Executive Order XVI. Thank you for your cooperation and consideration. If you have questions regarding them, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgncdcr. og_v. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, oul v Ramona Bartos, Deputy U State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898