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HomeMy WebLinkAbout20181273 Ver 3_BugHeadwaters_MY4RepairsPCNPackage_20240314Contents A. Landowner Authorization B. Figures Figure 1 USGS Topographic Map Figure 2 Soils Map Figure 3 Impact Map Overview Figure 3a Impact Map Figure 3b Impact Map Figure 3c Impact Map C. Proposed Repairs & Stream Area of Concern Photographs D. Categorical Exclusion Checklist & Updated IPaC Report A. Landowner Authorization LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 1156 Page: 106 County: Wilkes Parcel ID Numbers: 1902517, 1902520 Street Address: 2858 King Billings Road, Traphill NC 28685 Property Owner (please print): Horace Randall Wood The undersigned, registered property owner(s) of the above property, do hereby authorize Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: PO Box 9 Thurmond, NC 28683 Property Owner Telephone Number: 336-413-1794 We hereby certify the above information to be true and accurate to the best of our knowledge. Authorized Signature) (Date) B. Figures Conservation Easement L raw` - + • • �. kl , v •� • _ 00 Not 10 #io o^ em 5� Thurmond, NC Quadrangle • USGS Topographic Map W I L D L A N D S 0 500 1,000 Feet Bug Headwaters Mitigation Site E N G I N E E R I N G I i i i I N Yadkin River Basin (03040101) Wilkes County, NC Soils Map wttv W I L D L A N D S 0 250 500 Feet Bug Headwaters Mitigation Site E N G I N E E R I N G I i i i I Yadkin River Basin (03040101) Wilkes County, NC Figure 3. Impact Map Overview W I L D L A N D S 0 200 400 Feet Bug Headwaters Mitigation Site ENGINEERING I I I I I DIMS Project No. 100084 It Monitoring Year 4 - 2024 Wilkes County, NC ¢;Al I 1 I 1 � I (till 1 I L/UC3 /I� I I I / I Sl -Repair Boulder Sills &Bank Stabilization i :D —_ UT2A Reach 2 Mac A r - , z ol S3 - Repair Stream Structures & Bank Stabilization 1ns31`txl LS � +,WILDLANDS ENGINEERING i Conservation Easement Stream Enhancement I Internal Crossing Stream Enhancement 11 - Ephemeral Step -Pool BMP -, No Credit ® Wet Detention Basin Permanent Stream Impact -Approved 2023 Pre -Construction Wetlands Permanent Stream Impact - New 2024 Temporary Wetland Impact -Approved 2023 Topographic Contours (4') Stream Restoration U Reach Breaks 0 150 300 Feet A IIIIII �IJp Figure 3a. Impact Map Bug Headwaters Mitigation Site DIMS Project No. 100084 Monitoring Year 4 - 2024 Wilkes County, NC i Conservation Easement Internal Crossing Pre -Construction Wetlands Stream Restoration Stream Enhancement I Stream Enhancement 11 No Credit Permanent Stream Impact -Approved 2023 Permanent Stream Impact - New 2024 Topographic Contours (4') t; Reach Breaks . ft. Ji i nn�� / TON S2 - Repair Constructed Riffle 1 1 � U53J9A f % i WILDLANDS \� ENG0 150 / INEERING 1 1 1 300 Feet A UT2 Reach 3 DU @&a.,,..�`.rr'Q/92t lnY3:1911 LS S Figure 3b. Impact Map Bug Headwaters Mitigation Site DIMS Project No. 100084 Monitoring Year 4 - 2024 Wilkes County, NC Figure 3c. Impact Map W I L D L A N D S 0 150 300 Feet Bug Headwaters Mitigation Site \� ENGINEERING I i I i I DIMS Project No. 100084 Monitoring Year 4 - 2024 Wilkes County, NC C. Proposed Repairs & Stream Area of Concern Photographs .F6m O. °- �m O. a v a v C o v C =ov a v a a a a a 0o 0 0v 0v 0v 'v o 0 3 a°- > x o v > O v av0 E v z O r C � v z r C � r0 ai r0 ai r0 ai -� m j w a E a N E w C O E U u N O v a a Y a Y a Y v v v °o o- o p a v m W v C C L-c`pco°Ea. 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Categorical Exclusion Checklist & Updated IPaC Report Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1.4 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. 'art Project Name: 1: General Project Information Bug Headwaters Mitigation Site Count Name: Wilkes County EEP Number: ,000as Project Sponsor: Wildlands Engineering, Inc. Project Contact Name: Carolyn Lanza Project Contact Address: 312 W. Mill6rcok, Sub 225 Raleigh, NC 276o9 Project Contact E-mail: clanza@wildlandseng.com EEP Project Mana er: I Matthew Reid ■- . .. The Bug headwaters mitigation site is a stream mitigation project located approximately 9 miles northwest of Elkin and 5.5 miles South of Roaring Gap in Wilkes County. The site is located on three parcels by two different families and is used for agriculture (primarily livestock production). The project includes Big Bugaboo Creek and 5 unnamed tributaries for a total of 8,375 linear feet of stream. The project will provide stream mitigation units to the Division of Mitigation Services in the Yadkin River Basin (03040101). Reviewed By: 1115I2018 Date Conditional Approved By: Date F� Check this box if there are outstanding issues Final Approval By: 1/-'2—!s Date A.d EEP Project Manager For Division Administrator FHWA For Division Administrator FHWA 6 Version 1.4, 8/18/05 Part 2: All Regulation/Question Response Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ❑ Yes No 2. Does the project involve ground -disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ❑✓ N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ✓❑ N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ✓❑ N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full -delivery" project? ✓❑ Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ✓❑ No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ✓❑ No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ✓❑ N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ❑✓ N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ✓❑ N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ✓❑ No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ✓❑ N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ✓❑ N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full -delivery" project? ❑✓ Yes ❑ No 2. Does the project require the acquisition of real estate? ✓❑ Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ❑✓ No ❑ N/A 4. Has the owner of the property been informed: ✓❑ Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A Version 1.4, 8/18/05 Part 3: Ground -Disturbing Activities Regulation/Question Response American Indian Reliciious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ✓❑ Yes Cherokee Indians? ❑ No 2. Is the site of religious importance to American Indians? ❑ Yes ✓❑ No ❑ N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ✓❑ N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ❑✓ N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes ❑✓ No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ✓❑ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ✓❑ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ✓❑ N/A Archaeolociical Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ❑✓ No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ❑✓ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ❑✓ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ❑✓ N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ❑✓ Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑✓ Yes ❑ No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ✓❑ No ❑ N/A 4. Is the project "likely to adversely affect" the species and/or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No ✓❑ N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes ❑ No ✓❑ N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ✓❑ N/A Version 1.4, 8/18/05 Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ✓❑ No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ✓❑ N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ✓❑ N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? ✓❑ Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally ✓❑ Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? ✓❑ Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ✓❑ Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ✓❑ Yes ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 f 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ❑✓ No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ❑✓ N/A Ma nuson-Stevens Fishery Conservation and Manaciement Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ✓❑ No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ❑✓ N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ✓❑ N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ✓❑ N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No ❑✓ N/A Migratory Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ✓❑ No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ✓❑ N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ❑✓ No 2. Has a special use permit and/or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ❑✓ N/A Version 1.4, 8/18/05 4.: United States Department of the Interior p FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street, Suite B Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2023-0114845 Project Name: Bug Headwaters Mitigation Site ear' ln AMMU WX o-< vY�.. March 06, 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: 2023-0114845 03/06/2024 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: 2023-0114845 03/06/2024 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, Suite B Asheville, NC 28801-1082 (828) 258-3939 3 of 7 Project code: 2023-0114845 03/06/2024 PROJECT SUMMARY Project Code: 2023-0114845 Project Name: Bug Headwaters Mitigation Site Project Type: Restoration / Enhancement of Waterbody Project Description: Additional proposed repairs within an existing conservation easement. Project Location: The approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(a)36.32059195,-80!98437149583496,14z r-I rlh-i q, _ S' Counties: Wilkes County, North Carolina 4of7 Project code: 2023-0114845 03/06/2024 ENDANGERED SPECIES ACT SPECIES There is a total of 5 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 Fisheriesl, 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://ecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 REPTILES NAME STATUS Bog Turtle Glyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https://ecos.fws.gov/ecp/species/6962 5 of 7 Project code: 2023-0114845 03/06/2024 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 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. 6 of 7 Project code: 2023-0114845 03/06/2024 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Sydni Law Address: 312 W. Millbrook Rd Address Line 2: Suite 225 City: Raleigh State: NC Zip: 27609 Email slaw@wildlandseng.com Phone: 9198519986 LEAD AGENCY CONTACT INFORMATION Lead Agency: Federal Highway Administration 7 of 7