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HomeMy WebLinkAbout20240038 Ver 1_More Info Requested_20240123Moore, Andrew W From: Moore, Andrew W Sent: Tuesday, January 23, 2024 8:03 AM To: Jessica Waller Cc: Anderson, Mitchell L CIV USARMY CESAW (USA); renee@riverlink.org Subject: RE: [External] AB Tech Stream Restoration Project, AID: SAW-2023-02505 Jessica, Please copy me on your response to the Corps' request below. The project will be placed on -hold until this information is received. Andrew W Moore, P.G. Environmental Specialist ll, Division of Water Resources North Carolina Department of Environmental Quality Office: (828) 296-4684 Andrew.W.Moore@deq.nc.gov D_ E_ tjA� NORTH CAROLINA Department of Environmental Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Anderson, Mitchell L CIV USARMY CESAW (USA) <Mitchell.L.Anderson@usace.army.mil> Sent: Monday, January 22, 2024 1:19 PM To: Jessica Waller <jwaller@wildlandseng.com>; renee@riverlink.org Cc: Moore, Andrew W <andrew.w.moore@deq.nc.gov> Subject: [External] AB Tech Stream Restoration Project, AID: SAW-2023-02505 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. On Dec 22, 2023, the United States Army Corp of Engineers (USACE) received your application requesting verification of coverage under section 404 Nationwide Permit 27. The USACE has determined that your application is incomplete and cannot be processed without the additional information requested within this email. Please submit the requested information by February 22, 2024 by emailing Mitchell.l.andersonC@usace.army.mil. 1. The impact table provided with the subject PCN submission does not list all impacts to aquatic resources. As the Corps has not performed a determination that the non -wetland waters UT1/UT2 are non -jurisdictional Waters of the United States, all non -wetland waters containing an ordinary highwater mark and all wetlands are potentially jurisdictional Waters of the United States. This office requests an onsite meeting to observe the aquatic resources on the parcel and to determine if the upper reached of UT1 and UT2 contain an ordinary high water mark. If the Corps determines the upper extent of UT1 and UT2 contain an ordinary high water mark, such features will need to be included with the projects impacts calculations. Items 2-5 will be applicable in the event these channels are considered potentially jurisdiction Waters of the United States. 2. Sheet 1.1 indicated the conversion of a non -wetland water to an open water "proposed upper pond" as well as to a wetland "Upper Wetland". Please clarify the type of impacts proposed in this area as well as the need for the impact. 3. Sheet 1.2 indicates the construction of a walking trail that crosses the non -wetland water. Will this proposed crossing result in impacts to the aquatic resource? For example, is there a proposed bridge that required footers places below the Ordinary high water mark of this feature? 4. Sheet 1.2 indicates fill placed in segments of channel UT 1 and UT 2. Please ensure to include these impacts on the proposed PCN. 5. Please note, Nationwide Permit 27 does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g., the conversion of a stream to wetland or vice versa) or uplands. The subject project proposes conversion for upper and lowered wetland. Nationwide permit 18 allows for the conversion of non - wetland waters to wetlands, however, the proposed work may exceed the limits of NWP 18. https://saw- reg.usace.army.mil/NWP2021/NWP-18.pdf 6. Impact S2 is labeled as bank stabilization within the impact table. Plans received with this submission indicates instream work to construct log veins and riffles. This office notes instream work in proposed within impact areas S2. 7. Based on review of the endangered species potentially occurring within the vicinity of the project area, the USACE must coordinate with the USFWS regarding potential impacts to endangered species. Please provide a report of the field surveys conducted and mentioned in section 5j of the subject PCN. Please also provide a list of measure proposed to ensure impacts to the listed species below are avoided. Below is a list of species potentially occurring within the vicinity of the project area. Table 2. IPAC Species Species Name (common (scientific)) Appalachian elktoe (Alasmidonta raveneliana) Federal Status Endangered bog turtle (Glyptemys muhlenbergii) Similarity of Appearance (Threaten Gray bat (Myotis grisescens) Endangered Mountain sweet pitcher -plant (Sarracenia rubra ssp. jonesii) Endangered Northern Long -Eared Bat (Myotis septentrionalis) Endangered Feel free to contact me if you have any questions. Mitchell Anderson Asheville Regulatory Field Office USACE —Wilmington District 828.271.7980, ext. 4231 Mitchell.l.anderson(a)usace.army.mil From: Jessica Waller <jwaller@wildlandseng.com> Sent: Monday, January 22, 2024 9:47 AM To: Anderson, Mitchell L CIV USARMY CESAW (USA) <Mitchell.L.Anderson@usace.army.mil> Subject: [Non-DoD Source] AB Tech Stream Restoration Project Good Morning Mitchell, We spoke on the phone Friday (1/19) about additional T&E documentation needs from the Corps for the AB Tech Stream Restoration Project. You mentioned sending a follow-up email for clarity, can you send that myway when you have the time. Thankyou, Jess Waller I Environmental Scientist 0:828.774.5547 M:504-913-6238 Pronouns: she/her Wildlands Engineering, Inc 167-B Haywood Road Asheville, NC 28806