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Home My WebLink About20121081 Ver 3_USACE Permit_20240205DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT ASHEVILLE REGULATORY FIELD OFFICE 151 PATTON AVENUE ROOM 208 ASHEVILLE NC 28801 February 5, 2024 Regulatory Program/Division Wendy Patoprsty Blue Ridge Conservancy 416 Aho Road Blowing Rock, NC 28607 Via Email: wendy@blueridgeconservancy.org Dear Ms. Patoprsty: This letter is in response to the Pre -Construction Notification (PCN) you submitted to the Wilmington District, Asheville Regulatory Field Office on December 13, 2023, for a Department of the Army Nationwide permit (NWP) verification. This project has been assigned the file number 2023-02438 and is known as Middle Fork Greenway Section 5 — Boone Gorge Park. This file number should be referenced in all correspondence concerning this project. A review of the information provided indicates that the proposed work would include the construction of greenway trail to include two bridge crossings, and bank stabilization activities associated with a fishing pier and stream improvements. The project/review area is at/near 276 Old Blowing Rock Road, at Latitude 36.190126 and Longitude - 81.657340; in Boone, Watauga County, North Carolina. We have determined that the proposed work is authorized by Nationwide Permit #13 and #33 pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.C. § 1344). Impacts authorized are summarized in the table below: Impact # Reason/Type Stream Name Impact Length Impact Acreage S1 Bridge / Temp Middle Fork New River (MFNR) 40 0.046 S2 Bank Stabilization / Perm MFNR 20 0.009 S3 Crossing/TempCrossing/Temp UT to MFNR 20 0.008 S4 Pier Stabilization /Perm MFNR 25 0.011 S5 Bank Stabilization MFNR 250 0.293 Total 355 0.367 Based on recommendations from the North Carolina Wildlife Resource Commission, in -stream work is prohibited between October 15 and April 15 in order to minimize impacts to trout reproduction and is hereby incorporated as a special condition of this permit authorization. Attached is their letter for reference which provides additional recommendations for your consideration. The proposed work must be accomplished in strict accordance with the general permit conditions, any regional conditions, the application materials, and the enclosed plans. If the extent of the project area and/or nature of the authorized impacts to waters are modified, a revised PCN must be submitted to this office for written approval before work is initiated. Any violation of permit conditions or deviation from your submitted plans may subject the permittee to enforcement action. This verification is valid until March 14, 2026, unless prior to this date the subject NWP(s) is suspended, revoked, or is modified such that the activity no longer complies with the terms and conditions of this NWP. If you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. This NWP verification does not preclude the necessity to obtain any other Federal, State, or local permits, licenses, and/or certifications, which may be required. If you have any questions related to this verification or have issues accessing documents referenced in this letter, please contact Amanda Fuemmeler, Project Manager of the Asheville Regulatory Field Office at 828-271-7980 ext. 4225, by mail at the above address, or by email at amanda.jones@usace.army.mil. Please take a moment to complete our customer satisfaction survey located at https:Hregulatory.ops.usace.army.miI/customer-service-survey/. Sincerely, Amanda Fuemmeler Project Manager Enclosures Cc (w/enclosures) Carrie Caviness, Interface Environmental Consulting (via email) Compliance Certification Form Action ID Number: 2023-02438 County: Watauga Permittee: Blue Ridge Conservancy, Wendy Patoprsty Project Name: Middle Fork Greenway Section 5 — Boone Gorge Park Date Verification Issued: 2/5/2024 Project Manager: Amanda Fuemmeler Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following email address: ashevillencreg(a usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. hereby certify that the work, and mitigation (if applicable), authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit including any general or specific conditions. Date Authorized Work Started: Completed: Describe any deviations from permit (attach drawing(s) depicting the deviations): *Note: The description of any deviations on this form does not constitute approval by the Corps. Signature of Permittee Date 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) 9 North Carolina Wildlife Resources Commission 9 Cameron Ingram, Executive Director January 11, 2024 Ms. Amanda Fuemmeler U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Middle Fork Greenway Section 5 — Boone Gorge Park Middle Fork South Fork New River and Unnamed Tributary (UT), Watauga County Dear Ms. Fuemmeler: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application to temporarily impact 60 ft and permanently impact 295 ft of the Middle Fork South Fork New River and an unnamed tributary (UT) in Watauga County. Our comments on this application are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). There are Brown Trout in the vicinity of the project, and in -stream activities should be avoided between October 15 and April 15 in order to minimize impacts to trout reproduction. The site is within the South Fork New and New River Aquatic Habitat, a natural area designated by the NC Natural Heritage Program and rated Exceptional due to the rich aquatic community it supports, which includes the following rare species in the vicinity of the project: Kanawha Minnow [Phenacobius teretulus, NC Special Concern (SC)]. Tonguetied Minnow [Exoglossum laurae, NC Significantly Rare (SR)], Kanawha Darter (Etheostoma kanawhae, NC SR), and Appalachia Darter (Percina gymnocephala, NC SR). It is likely that Eastern Hellbender (Cryptobranchus alleganiensis, US Federal Species of Concern, NC SC) is within the project area, as well. The application proposes to install two bridges and stabilize a reach of the Middle Fork South Fork New River. Bridge construction will involve 60 ft of temporary impacts; for a bridge, equipment will be set on a low floodplain bench, and a temporary culvert will be installed in the UT. Permanent impacts will involve riprap stabilization near bridge footers and under a fishing pier. In addition, 250 ft of the Middle Fork South Fork River will be stabilized with bank grading, toewood, removal of a mid -channel bar, and one log vane. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Middle Fork Greenway Page 2 January 11, 2024 Middle Fork S Fork New & UT, Watauga Co We offer the following recommendations to minimize impacts to the aquatic community: 1. In -channel work should be accomplished as quickly as possible and vigilance used in sediment and erosion control during site preparation, construction, and clean up. Disturbed areas should be seeded, mulched and/or matted as soon as possible, preferably at the end of each work day. 2. Any erosion control matting used should be free of nylon or plastic mesh, as this type of mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that may last for years. 3. In -stream activities should be done outside the October 15 to April 15 trout moratorium to minimize impacts to Brown Trout reproduction. 4. Work should be performed during low flows. For instream work, we recommend diverting flows around the work area especially at bank tie-in locations to reduce the risk of fine sediment liberation and loss. 5. A preliminary planting plan includes River Birch, which we recommend removing unless already naturally occurring on -site. Sweet Birch is a good substitute. Thank you for the opportunity to review and comment on this project. Please contact me at (828) 400-4223 if you have any questions about these comments. Sincerely, Andrea Leslie Mountain Region Coordinator, Habitat Conservation Program ec: Carrie Caviness, Interface Environmental Consulting Seren Homer, NC Division of Water Resources