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HomeMy WebLinkAbout20240174 Ver 1_Final Sweetgrass PCN Attachment - Reduced_20240124ko 4o gutting+ January 24, 2024 Mrs. Amanda Fuemmeler US Army Corps of Engineers 151 Patton Avenue; Room 208 Asheville, NC 28801-5006 Providing Sound Environmental Solutions 10565 Highway 421 South Trade, TN 37691 ph/fax: 423.727.4476 susan@bfec, o�g RE: Sweetgrass - Boone Fork Stabilization - Blowing Rock, NC (Watauga County) Mrs. Fuemmeler, Enclosed please find the referenced project Nationwide 13 permit application with the following attachments: 1) US Army Corps Submittal Cover Sheet 2) Agent Authorization Forms 3) Site Maps 4) Site Plans 5) USACE Wetland Determination Package 6) Site Photosheets 7) USFWS Correspondence Letter and Biological Evaluation Report The project site is located along the convergence of the Boone Fork and Blue Lake located within the Sweetgrass community in Blowing Rock, NC (36.73579°,-81.443919°) in Watauga County. Natural channel design and sediment removal involved in the restoration project will allow this reach to become more stable, improve water flow, and create grade control. These proposed construction activities will impact 253 ± LF of stream and 0.01 ± of wetland. No trees will be harvested nor altered as a result of proposed construction activities. Brushy Fork Environmental Consulting, Inc. was the authorized agent for this permit application. If you have any questions, please call (423)727- 4476. Sincerely, Susan Cragg CC: Andrea Leslie 11 US Army Corps Submittal Cover Sheet Corps Submittal Cover Sheet Please provide the following info: 1. Project Name Sweetgrass 2. Name of Property Owner/Applicant: Sweetgrass Community Association 3. Name of Consultant/Agent: Susan Cragg (Brushy Fork Environmental Consulting, Inc.) *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): 5. Site Address:188 Blue Lake Dr. 6. Subdivision Name: Sweetgrass Mountain Lake Community 7. City: Blowing Rock 8. County: _ Watauga 9. Lat: 36.73579 Long:-81.443919 10. Quadrangle Name: Boone (7.5) 11. Waterway: Boone Fork 12. Watershed: Watauga River 13. Requested Action: X Nationwide Permit # 13 General Permit # _ Jurisdictional Determination Request — Pre -Application Request The following information will be completed by Corps office: Prepare File Folder M Assign number in ORM Authorization: Section 10 Project Description/ Nature of Activity/ Project Purpose: Site/Waters Name: Keywords: (Decimal Degrees Please ) Section 404 Begin Date 2 Agent Authorization Forms AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCUTION: 10T NO, NIA PLAN NO. NJA PARCELID., IM7255982000.1897061162000 STREET ADDRESS' 18.8 Blue Lake Dr., BIDwing stock, NC 28605 Prope r ty ! ner= Sweetgrass Community Association Th7e tin dersigned, registered property owners of the above noted property, do hereby authorize Adam Williams cFf t3rush Fork tnvirorEmerltal iu nsulSln hnC. �Contrartor{Agent) (Consulting firm) to act on my behalf anal take all actlons necessary far the processing, i5suant@ and acceptanCe of this permit or certification and any and all standard and special condItions attached_ Property Owner's Address (if different than Property above;- 4 50 S. Orange Ave„ Orlando, FL 32801 Telephone: S %" Ll iq - q 611 We hereby Certify the above information submitted In this application is true and accurate to the best of our knowledve, Authori2ed Signature: Date'. I O `f 3 Site Maps Legend N 0 Project Parcels "° °p 0 62.5 125 250 Feet Streams ' ' ' t v Roads CIO F Sweetgrass S Topographic Map RMI 1,1 �l,ll��\'! �. 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Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http: //www. saw. usace. army. mil/Mi ssions/RegulatoryPermitProgram/Contact/CounlyLocator. asps by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828)271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page I Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 188 Blue Lake Dr. City, State: Blowing Rock, NC County: Watauga Parcel Index Number(s) (PIN): 188795598200 B. REQUESTOR INFORMATION Name: Susan Cra Mailing Address: 10565 US Hwy 421 South Trade, TN 37691 Telephone Number: 423-727-4476 Electronic Mail Address: susan@bfec.org Select one: I am the current property owner. W] I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION Name: Sweetgrass Community Association Mailing Address: 450 S. Orange Ave. Orlando, FL 32801 Telephone Number: 828-414-9619 Electronic Mail Address: susan@bfec.org ' Must provide completed Agent Authorization Form/Letter. z Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Adam Williams Print Name Capacity: ❑ Owner ❑✓ Authorized Agents 1 /4/24 Date '' ,, ll Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑✓ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. LoI intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ✓❑ I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. LJI Size of Property or Review Area 54.96 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS W] Project Coordinates (Decimal Degrees): Latitude: 36.73579 Longitude:-81.443919 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).' ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. b=://www.saw.usace.army.mil/Missions/Regulatoa-Permit- Pro eram4misdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' A Vicinity Map 14 Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑ NC Division of Water Resources Stream Identification Forms Other Assessment Forms www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Fonn fillable.pdf ' Please see http://www.saw.usace.army.mil/Missions/Regulatoa-Permit-Program/Juiisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and onthe Headquarters USAGE website. Disclosure: Submission of requested information isvoluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 5 USACE AID#: NCDWR #: Project Name Sweetgrass Date of Evaluation 1/3/24 Applicant/Owner Name Sweetgrass Community Association Wetland Site Name Wetland 1 Wetland Type Seep Assessor Name/Organization S. Cragg and D. Pedersen Level III Ecoregion Blue Ridge Mountains Nearest Named Water Body Boone Fork River Basin Watauga USGS 8-Digit Catalogue Unit 06010103 County Watauga NCDWR Region Asheville Yes + No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 36.73579°,-81.443919° Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? {+ Yes (- No Regulatory Considerations - Were regulatory considerations evaluated? {+ Yes I No If Yes, check all that apply to the assessment area. r Anadromous fish r Federally protected species or State endangered or threatened species r NCDWR riparian buffer rule in effect r Abuts a Primary Nursery Area (PNA) r Publicly owned property r N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) r Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout r Designated NCNHP reference community r Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) Blackwater Brownwater r Tidal (if tidal, check one of the following boxes) Lunar Wind C" Both Is the assessment area on a coastal island?Yes f+ No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? {" Yes r+ No Does the assessment area experience overbank flooding during normal rainfall conditions? r Yes {+ No Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS A {" A Not severely altered ' B {+ B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub A {" A Water storage capacity and duration are not altered. ' B {+ B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). C {" C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. s' A {" A Majority of wetland with depressions able to pond water > 1 foot deep # B B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep C {" C Majority of wetland with depressions able to pond water 3 to 6 inches deep (' D {+ D Depressions able to pond water < 3 inches deep 3b. (— A Evidence that maximum depth of inundation is greater than 2 feet B Evidence that maximum depth of inundation is between 1 and 2 feet . C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure - assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. 4 A Sandy soil f: B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) k` C Loamy or clayey soils not exhibiting redoximorphic features D Loamy or clayey gleyed soil E Histosol or histic epipedon 4b. A Soil ribbon < 1 inch B Soil ribbon >_ 1 inch 4c. A No peat or muck presence . B A peat or muck presence 5. Discharge into Wetland - opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub . A + A Little or no evidence of pollutants or discharges entering the assessment area B B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area C C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use - opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M A A A >_ 10% impervious surfaces i B f B B Confined animal operations (or other local, concentrated source of pollutants) F C f C r C >_ 20% coverage of pasture r D r_ D r D >_ 20% coverage of agricultural land (regularly plowed land) F, E F-o' E P, E >_ 20% coverage of maintained grass/herb F Fv- F R F >_ 20% coverage of clear-cut land t- G F_ G r G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent dainage and/or overbank flow from affectio the assessment area. Wetland Acting as Vegetated Buffer - assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? . Yes No If Yes, continue to 7b. If No, skip to Metric 8. 7b. How much of the first 50 feet from the bank is weltand? (Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) C' A >_ 50 feet + B From 30 to < 50 feet " C From 15 to < 30 feet D From 5 to < 15 feet r E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. C' <- 15-feet wide � > 15-feet wide �- Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? (- Yes . No 7e. Is tributary or other open water sheltered or exposed? C+ Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic. C Exposed - adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area - wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC A A >_ 100 feet B {" B From 80 to < 100 feet C C From 50 to < 80 feet D i(- D From 40 to < 50 feet E i(- E From 30 to < 40 feet F it F From 15 to < 30 feet G i(- G From 5 to < 15 feet {"' H i(- H < 5 feet 9. Inundation Duration - assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. A Evidence of short -duration inundation (< 7 consecutive days) B Evidence of saturation, without evidence of inundation C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition - assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). A Sediment deposition is not excessive, but at approximately natural levels. B Sediment deposition is excessive, but not overwhelming the wetland. 0 Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size - wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K' for the FW column. WT WC FW (if applicable) A ( A A >_ 500 acres B B {"' B From 100 to < 500 acres { C C {"' C From 50 to < 100 acres D D {"' D From 25 to < 50 acres E E {"' E From 10 to < 25 acres F F {"' F From 5 to < 10 acres G G {"' G From 1 to < 5 acres H i(- H {"' H From 0.5 to < 1 acre I IC' I { I From 0.1 to < 0.5 acre J iC+ J { J From 0.01 to < 0.1 acre K C K {"' K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness - wetland type condition metric (evaluate for Pocosins only) A Pocosin is the full extent (>_ 90%) of its natural landscape size. B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas - landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely A {" A >_ 500 acres B {" B From 100 to < 500 acres C {" C From 50 to < 100 acres D {+ D From 10 to < 50 acres 0 E {" E < 10 acres (- F {" F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. (- Yes (- No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect - wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directiions? If the assessment area is clear-cut, select option "C." A 0 'B 1to4 C 5 to 8 16. Vegetative Composition - assessment area condition metric (skip for all marshes and Pine Flat) A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. f: C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity- assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) {� A Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics). B Vegetation diversity is low or has > 10% to 50% cover of exotics. {"' C Vegetation is dominated by exotic species (>50% cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? + Yes No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. A >_ 25% coverage of vegetation B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT Q A A Canopy closed, or nearly closed, with natural gaps associated with natural processes C: B + B Canopy present, but opened more than natural gaps v (: C C Canopy sparse or absent o -- A A Dense mid-story/sapling layer k` B + B Moderate density mid-story/sapling layer (: C C Mid-story/sapling layer sparse or absent k` A A Dense shrub layer k` B « B Moderate density shrub layer U) k1' C C Shrub layer sparse or absent kA « A Dense herb layer a� k-' B B Moderate density herb layer _ k1` C C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) A Large snags (more than one) are visible (> 12-inches DBH, or large relative to species present and landscape stability). . B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ' B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12-inch DBH. f: C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). B Not A 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. A B C D 22. Hydrologic Connectivity— assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. A Overbank and overland flow are not severely altered in the assessment area. B Overbank flow is severely altered in the assessment area. C Overland flow is severely altered in the assessment area. D Both overbank and overland flow are severely altered in the assessment area. Notes Wetland Site Name Wetland Type NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland 1 Date _ Assessor Name/Organization 3. C Notes on Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Wetland is intensively managed (Y/N) Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) Assessment area is substantially altered by beaver (Y/N) Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) Assessment area is on a coastal island (Y/N) Sub -function Rating Summary 1 /3/24 and D. Pederser NO YES YES YES NO NO Kin Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition NA Sub -Surface Storage and Retention Condition NA Water Quality Pathogen Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Particulate Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Soluble Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Physical Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Habitat Physical Structure Condition Landscape Patch Structure Condition LOW Vegetation Composition Condition LOW Function Rating Summary Function Metrics/Notes Rating Hydrology Condition MEDIUM Water Quality Condition LOW Condition/Opportunity NA Opportunity Presence? (Y/N) NA Habitat Condition Overall Wetland Rating U.S. Army Corps of Engineers OMB Control#: 0710-0024, Exp:1113012024 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-12-9; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Sweetgrass City/County: Blowing Rock (Watauga County) Sampling Date: 1/3/24 Applicant/Owner: Sweetgrass Community Association State: NC Sampling Point: S1 Investigator(s): S. Cragg and D. Pedersen Section, Township, Range: Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): Lat: 36.73579 Long:-81.443919 Datum: NAD 83 Soil Map Unit Name: Nikwasi loam NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation X Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No X Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Wetland exists within a regularly mowed area that has been planted with fescue. The wetland is also located between a foot bridge entrance leading to a walking trail and the paved parking area. A rack with canoes and kayaks are located along the boundary of the wetland as well. For these reasons, I suspect that the wetland is regularly trafficked/impacted by pedestrians in this community. Hydrophytic vegetation not present due to the planting of fescue and potentially other FACU species. Hoewever, this is still considered a wetland due to the presence of hydric soils and wetland hydrology. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) X Saturation (A3) X Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) —Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) _ Iron Deposits (135) _Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): 0 Water Table Present? Yes No X Depth (inches): 12 Saturation Present? Yes X No Depth (inches): 2 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Oxidized rhizospheres on living roots throughout entire soil profile. Saturation on the surface is present but no evidence of high water table nor surface water. ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: S1 Absolute Dominant Indicator Tree Stratum (Plot size: ) % Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are OBL, FACW, or FAC: 1 (A) 3. Total Number of Dominant 4. Species Across All Strata: 2 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 50.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: ) FACW species 0 x 2 = 0 1. FAC species 50 x 3 = 150 2. FACU species 50 x 4 = 200 3. UPL species 0 x 5 = 0 4. Column Totals: 100 (A) 350 (B) 5. Prevalence Index = B/A = 3.50 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' =Total Cover _ X 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 20' x 20' ) -Problematic Hydrophytic Vegetation' (Explain) 1. Glechoma hederacea 10 No FACU ' Indicators of hydric soil and wetland hydrology must be 2. Ranunculus repens 50 Yes FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Festuca arundinacea 35 Yes FACU 4. Trifolium repens 5 No FACU Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 100 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 50 20% of total cover: 20 height. Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) Indicators of hydrophytic vegetation were not observed, however, this area has been planted with fescue and potentially other species causing the result to trend away from hydrophytic. Additionally, indicators of hydric soil and wetland hydrology are present. ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: S1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-5 10YR 4/1 60 10YR 4/3 40 Sandy Mostly sand with some loam 5-9 10YR 4/1 60 10YR 4/2 40 Loamy/Clayey Mostly loamy with some sand 9-12 7.5YR 3/1 80 7.5YR 5/2 20 Mucky Loam/Clay Mostly loam and muck/silt 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) —Thin Dark Surface (S9) (MLRA 147, 148) —Coast Prairie Redox (A16) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) X Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 1479 148) —Thick Dark Surface (Al 2) _ Redox Depressions (F8) —Very Shallow Dark Surface (F22) —Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, —Other (Explain in Remarks) —Sandy Gleyed Matrix (S4) MLRA 136) —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 31ndicators of hydrophytic vegetation and ? Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 1479 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: Soil profile has a chroma of 1 throughout. Sand present throughout entire profile but is not prevalent in the 9-12" layer ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 U.S. Army Corps of Engineers OMB Control#: 0710-0024, Exp:1113012024 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-12-9; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Sweetgrass City/County: Blowing Rock (Watauga County) Sampling Date: 1/3/24 Applicant/Owner: Sweetgrass Community Association State: NC Sampling Point: S2 Investigator(s): S. Cragg and D. Pedersen Section, Township, Range: Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): Lat: 36.73579 Long:-81.443919 Datum: NAD 83 Soil Map Unit Name: Nikwasi loam NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation X Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No X Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: S2 exists within a regularly mowed area that has been planted with fescue HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) —Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) —Crayfish Burrows (C8) _ Drift Deposits (133) —Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) _ Iron Deposits (135) _Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): 0 Water Table Present? Yes No X Depth (inches): 12 Saturation Present? Yes No X Depth (inches): 0 Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: No wetland hydrology present. ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: S2 Absolute Dominant Indicator Tree Stratum (Plot size: 20' x 20' ) % Cover Species? Status Dominance Test worksheet: 1. Acerrubrum 5 Yes FAC Number of Dominant Species 2. Quercus rubra 5 Yes FACU That Are OBL, FACW, or FAC: 2 (A) 3. Betula lenta 5 Yes FACU Total Number of Dominant 4. Species Across All Strata: 5 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 40.0% (A/B) 7. Prevalence Index worksheet: 15 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 8 20% of total cover: 3 OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 20' x 20' ) FACW species 2 x 2 = 4 1. Rhododendron maximum 10 Yes FAC FAC species 35 x 3 = 105 2. FACU species 107 x 4 = 428 3. UPL species 0 x 5 = 0 4. Column Totals: 144 (A) 537 (B) 5. Prevalence Index = B/A = 3.73 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. - Dominance Test is >50% 9. -2 3 - Prevalence Index is :53.0' 10 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 5 20% of total cover: 2 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 20' x 20' ) -Problematic Hydrophytic Vegetation' (Explain) 1. Glechoma hederacea 15 No FACU ' Indicators of hydric soil and wetland hydrology must be 2. Ranunculus repens 5 No FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Festuca arundinacea 80 Yes FACU 4. Rubus hispidus 2 No FACW Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Viola sororia 15 No FAC more in diameter at breast height (DBH), regardless of 6. Taraxacum officinale 2 No FACU height. 7. Polytrichum 10 No Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 129 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 65 20% of total cover: 26 height. Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) Indicators of hydrophytic were not observed. Fescue was the dominant species and was planted here in the past ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: S2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-12 10YR 3/2 70 10YR 4/3 30 Mucky Loam/Clay Mostly loam, some silt 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) _ Black Histic (A3) _ Hydrogen Sulfide (A4) —Stratified Layers (A5) _ 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) _Sandy Mucky Mineral (S1) —Sandy Gleyed Matrix (S4) —Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _ Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) _ Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: _ 2 cm Muck (A10) (MLRA 147) —Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 1479 148) —Very Shallow Dark Surface (F22) Other (Explain in Remarks) 31ndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: Soil profile consistent throughout sample. ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 Ln V) ^-J ^W W �vw O a-j U 0 to Z3 .67 0.) 0.� Ll .2 CL W e�� aq 9 +-+ c— Q) cn Q) Q) i i Q Q) N Q O � N O N U Q) � �_ C6 X rl � D c6 V) Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM A. REPORT COMPLETION DATE FOR PJD: 1 /3/24 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Susan Cragg, 10565 US Hwy 421 South, Trade, TN 37691 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington 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: Blowing Rock Center coordinates of site (lat/long in degree decimal format): Lat.: 36.73579 Long.:-81.443919 Universal Transverse Mercator: NAD 83 Name of nearest waterbody: Boone Fork E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: 0 Field Determination. Date(s): 1/3/24 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) Boone Fork 36.126257 -81.744956 1 , 051 ± L F Non -wetland waters 404/401 Wetland 1 36.126293 -81.744665 0.1 ± ac Wetland 404/401 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: Parcel 0 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. 0 U.S. Geological Survey map(s). Cite scale & quad name: 7.5 Boone 0 Natural Resources Conservation Service Soil Survey. Citation: 0 National wetlands inventory map(s). Cite name: NWI ❑ State/local wetland inventory map(s): 0 FEMA/FIRM maps: FIRMette ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑■ Photographs: ❑ Aerial (Name & Date): or ■❑ Other (Name & Date): Site Photosheets ❑ 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. 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LU r a•Y i — y Lij { 4 VA USFWS Correspondence Letter & Biological Evaluation Report 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: 2024-0039727 Project Name: Sweetgrass e x hSai k 4YYFJiYJft +cfln7i� i� January 23, 2024 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 final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The 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.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that 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. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through IPaC by completing the same process used to receive the enclosed 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 is required for construction projects (or other undertakings having similar physical impacts) that are major 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)). For projects other than major construction activities, the Service suggests that a biological Project code: 2024-0039727 01/23/2024 evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws.gov/sites/default/files/documents/ endan ered-species-consultation-handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), 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 U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see Migratory Bird Permit I What We Do I U.S. Fish & Wildlife Service (fws.gov). The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws. ov/partner/council-conservation- mi ratory-birds. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List 2of7 Project code: 2024-0039727 01/23/2024 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 3 of 7 Project code: 2024-0039727 01/23/2024 PROJECT SUMMARY Project Code: 2024-0039727 Project Name: Sweetgrass Project Type: Restoration / Enhancement of Waterbody Project Description: Stream enhancement and pond maintenance Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)36.1265341,-81.7422126871997,14z r @cane Fork{,. Counties: Watauga County, North Carolina 4of7 Project code: 2024-0039727 01/23/2024 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 Fisheriesi, 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. 1. 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:Hecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus 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 Bog Turtle Glyptemys muhlenbergii Population: U.S.A. (GA, NC, SC, TN, VA) No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/6962 STATUS Similarity of Appearance (Threatened) 5 of 7 Project code: 2024-0039727 01/23/2024 Aw-IffiTAP NAME STATUS Green Floater Lasmigona subviridis Proposed There is proposed critical habitat for this species. Your location does not overlap the critical Threatened habitat. Species profile: https:Hecos.fws.gov/ecp/species/7541 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 6of7 Project code: 2024-0039727 01/23/2024 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: David Pedersen Address: 10565 US-421 City: Trade State: TN Zip: 37691 Email david@bfec.org Phone: 4237274476 7of7 Biological Evaluation for the Effect Determination of Threatened and Endangered Species r !a 'Ti ,. Prepared For: Sweetgrass Boone Fork Stabilization and Pond Maintenance Watauga County, NC Prepared By: Brushy Fork Environmental Consulting, Inc. 10565 US Hwy 421 South Trade, TN 37691 January 23, 2024 Existing Conditions The purpose of this biological evaluation is to examine the potential impacts of the Boone Fork Stabilization and Pond Maintenance (Sweetgrass) activities to threatened, endangered, and candidate species. The Subject Property is located within the Sweetgrass Mountain Lake Community and the encompassing area is primarily rural -residential. The Subject Property is approximately 54.85 ± acres, located off Blue Lake Dr. in Blowing Rock, North Carolina (Watauga County). There is one (1) perennial stream (Boone Fork, approximately 1156 ± LF; 253 ± LF of impact), one wetland (approximately 0.1 ± acres total), and a lake feature located on the Subject Property. The riparian zone along river right and left is dominated by trees and shrubs in the upstream reach, while the downstream section is mostly open on both sides of the channel. There is a footbridge that crosses Boone Fork near Station 1+35. Boone Fork continues and converges with Price Lake approximately 3000 LF downstream after leaving the lake feature. Project Description The banks along the project extent of Boone Fork within the Subject Property are severely eroded and excess sediment deposition has occurred in the confluence of the stream and the pond. The purpose of this project is to restore and stabilize eroded stream banks, remove excess sediment material from the pond, and enhance the project reach through the implementation of Natural Channel Design. Natural Channel Design Structures will be installed to stabilize areas with increased shear stress. The installation of these structures and the benching of banks in some reaches will impose necessary minor impacts to streams (approximately 253 ± LF). This proposed restoration will not involve removal of or alterations to bridges or culverts. Impacts to natural resources will be minimized by stabilizing disturbances same -day, planting disturbed areas with native riparian plants, and working from outside of the stream while using heavy equipment whenever possible. Overall, these techniques will improve stream hydrology, native riparian vegetation, and provide channel stability. Biological Evaluation This biological evaluation was conducted to assess the potential impacts of the proposed stabilization and maintenance project on federally listed species of concern (i.e., threatened, endangered, and candidate). The biological evaluation was performed on January 3, 2024 by Susan Cragg and David Pedersen with Brushy Fork Environmental Consulting, Inc. (BFEC). An official species list was obtained through the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC). Six federally protected species are considered to be potentially occurring within the project location (See Table 1). Table 1. List of federally protected species potentially occurring within the project location (generated by the USFWS IPaC). Common Name Scientific Name Status Gray Bat Myotis grisescens Endangered Northern Long-eared Bat Myotis septentrionalis Endangered Tricolored Bat Perimyotis subflavus Proposed Endangered Virginia Big -eared Bat Corynorhinus townsendii virginianus Endangered Bog Turtle Glyptemys muhlenbergii Threatened* Monarch Butterfly Danaus plexippus Candidate *Threatened due to similarity of appearance Habitat Characteristics Forested areas along the project area within the Subject Property are composed of tree species such as sweet birch (Betula lenta), red maple (Acer rubrum), red oak (Quercus rubra) and tulip poplar (Liriodendron tulipifera). Within 50 feet of where the proposed stream restoration activities will occur, one tree (poplar, approximately 12" inches DBH) with the potential roosting habitat criteria was identified. This poplar has a crevice larger than 3 inches and is located on river left near Station 1+31. However, no trees are proposed to be removed nor altered for restoration activities. Protected Species Myotis grisescens — Gray bat Roost sites for this species are nearly exclusively restricted to caves throughout the year. In the winter, deep vertical caves with domed halls are most suitable. In the summer, gray bats occupy caves that trap warm air while providing restricted spaces or domed ceilings. Within maternity caves, there is often a stream flowing through them and are separate from the caves used by males. Characteristics of critical habitats include caves, deep crevices in boulders, and bedrock outcrops There are no caves, deep crevices in boulders, nor bedrock outcrops within 50 feet of the stream stabilization area. Therefore, the effect determination for gray bats within this project site is "no effect". Myotis septentrionalis — Northern Long-eared bat During the winter, Northern long-eared bats (NLEB) hibernate in caves and mines with consistent temperatures, high humidity, and lit le to no air flow. Within hibernacula, they are often detected in small crevices or cracks. During the summer and parts of the fall and spring, individuals of this species may be found roosting underneath bark and in cavities or in crevices of both live trees and snags. The species has also been found roosting in man-made structures, such as barns and sheds. Trees and snags with a diameter at breast height (DBH) greater than three (3) inches and exfoliating bark, cracks, crevices, and cavities within 50 feet of the stream stabilization area were evaluated. While one tree fitting these criteria was identified, no trees will be harvested nor altered during proposed construction activities. Therefore, the effect determination for NLEB within this project site is "no effect". Perimyotis subflovus —Tricolored bat Tricolored bats are often found in caves and abandoned mines during the winter. However, where caves are sparse in the southern United States, these bats have often been detected in road -associated culverts where they exhibit shorter bouts of torpor and forage during the warm nights. Tricolored bats are often found in forested habitats where they roost in trees during the spring, summer, and fall. Here, they are primarily found among the leaves of living or recently dead deciduous trees and in cavities of trees. During the biological evaluation, no caves nor abandoned mines were observed within 50 feet of the proposed work site. While one tree fitting these criteria was identified, no trees will be harvested nor altered during proposed construction activities. Therefore, the effect determination for tricolored bats within this project site is "no effect". Corynorhinus townsendii virginionus — Virginia Big -eared bat Virginia big -eared bats (VBEB) inhabit caves year-round in karst regions that are dominated by oak -hickory or beech -maple -hemlock forests. There are no caves located within 50 ft of the proposed stabilization area, thus, the effect determination for VBEB within this project site is "no effect". Glyptemys muhlenbergii — Bog turtle Bog turtles are semi -aquatic and often occupy shallow wetland habitats with ample sunlight exposure, high humidity (in the near ground microclimate), and perennial saturation of the ground. This species has been observed in wetlands with open -canopy herbaceous sedge bogs or wet meadows. These wetland habitats usually have an occurrence of tussock sedges that form hummocks (used for basking and nesting), shrubby cinquefoil, poison sumac, grass -of - Parnassus, cat ail, and other plant species. Other microhabitat characteristics include soft, muddy bot oms, interspersed wet and dry pockets, low -growing grasses and sedges, and slow - moving water. Depending on latitude, bog turtles may retreat to more densely vegetated habitats, under tree/shrub roots, rock walls, or muskrat burrows from mid -September through mid -April. While there are shrubs and exposed tree roots on the Subject Property, these features are located more than 50 LF upstream of where construction activities will occur. Additionally, no muskrat burrows nor wetlands with standing water were located along this site. Thus, the effect determination for Bog Turtles within this project site is "no effect". Danaus plexippus — Monarch butterfly The primary habitat characteristics for monarch but erfly occurrence is the prevalence of milkweed and some flowering plants. This species will only lay eggs on milkweed plants and adults depend on flowering plants for nectar during breeding and migration seasons. In the winter, monarch but erflies are often detected in microclimates with moderate temperatures (i.e., oyamel fir trees in Mexico). During the biological evaluation, there were no milkweed plants detected. However, some flowering plant species were observed throughout the Subject Property. Although flowering plants are present, it is highly unlikely that this site meets the criteria for monarch but erfly habitat due to the absence of milkweed. Therefore, the effect determination for Monarch But erflies within this project site is "no effect". Conclusion The biological evaluation of the Boone Fork stabilization and lake maintenance project determined that there is potential suitable habitat for northern long-eared bats and tricolored bats. Within 50 feet of where the proposed stream restoration activities will occur, one tree with potential roosting habitat criteria was identified. However, no tree will be harvested nor altered as a result of construction activities for this proposed project. Therefore, the effect determination for NLEB and tricolored bats is "no effect". The effect determination for gray bats and Virginia big -eared bats was "no effect" due to the absence of caves and deep crevices in large boulders or bedrock outcrops. The effect determination for bog turtles was "no effect" due to the absence of wetlands with standing water and muskrat burrows. The effect determination for monarch but erflies was also "no effect" due to the absence of milkweed. 0 1w ;ZNO, L Q) bn (13 LU O Z3 LU (10 U .txo O m U LU LL m U bz O U -j v E O L Lu Y L O L.L N L m [v} t+) ■ rm rl- Tzr d' n r- co d' C'Y7 n 0 tf) F- Z 0 cm cm m cn CU O � i L m � O Q 0 v 3 O U m 'L (n +I 0 0 0 Z iO m 0 0 cfl m fl E w r n C) RZT 0 r- 00 z LO CY) 0 (0 C� U) 0 r- O 4- E L O C6 4-j (V Q bD } i Q .L O U > O CU c-I 'i -0 cn